Transcript Open Burning and Open Dumping of Construction & Demolition Waste Open Burning Open Burning of Solid Waste is Illegal in Iowa, unless exempt by rule Subrule.

Open Burning and
Open Dumping of
Construction & Demolition
Waste
Open Burning
Open Burning of Solid Waste is
Illegal in Iowa, unless exempt by
rule
Subrule 567-IAC 23.2(1) - Prohibition.
No person shall allow, cause or permit
open burning of combustible
materials…
Burning Prohibited
 Trade Waste – Any refuse resulting from
the operation of any trade, business,
industry, commercial venture (including
farming and ranching), or utility or service
activity, and any governmental or
institutional activity, whether or not for
profit (567 IAC Chapter 20).
 Construction/Demolition waste – This is
considered trade waste.
Exemptions*:
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disaster rubbish
landscape waste
tree and tree trimming sites (city owned/operated)
recreational fires
residential waste (not including garbage)
training fires
agricultural buildings
paper or plastic pesticide containers or seed corn
bags (from farming operations)
 flare stacks
 controlled burn of demolished buildings
*567 IAC 23.2(3)
Disaster rubbish exemption
 County must be declared an official disaster
area by the Governor or President.
 Burning may occur only during the period of
disaster declaration.
 Other regs, such as asbestos NESHAP, still
apply.
Training Fire Exemption
 Must be under the control and authority
of a fire department
 Only for legitimate training of fire fighter
personnel
 Must notify DNR and comply with
asbestos regulations
Exemption for Controlled Burn of a
Demolished Building
 Many conditions apply, including burn location and
the total square feet that can be burned
 Must be under the control and authority of a city
 Must notify DNR and comply with asbestos
regulations.
 Exemption does not apply in Des Moines, Cedar
Rapids, Council Bluffs, and most surrounding
cities (burning is not allowed).
Landscape Waste Exemption
 Tree limbs, grass, etc. generated on-site
only
 Clearing & grubbing (most C & D projects):
Must be at least ¼ mile separation from
closest occupied bldg.
 Exemption does not apply in Des Moines,
Cedar Rapids, Council Bluffs, and most
surrounding cities (burning is not allowed).
Agricultural Structure Exemption
 A number of conditions apply (e.g. ¼ mile
separation)
 Restricted to barns, machine sheds, storage cribs,
animal confinement buildings, and homes located
on the premises and used in conjunction with crop
production, livestock or poultry raising and feeding
operations.
 Asbestos regs apply to all except home/residential
 Exemption does not apply in Des Moines, Cedar
Rapids, Council Bluffs, and most surrounding
cities (burning is not allowed).
What’s the problem with burning?
 Open burning occurs at ground level (typically on
the ground, in a pit, or in a barrel) = poor
combustion efficiency and poor dispersion of
smoke
 Burning often occurs near roads, businesses or
residential neighborhoods.
 These factors combine to potentially expose the
public to harmful levels of air pollutants.
Smoke
 Particulate matter (PM) is the pollutant
of most concern
 Microscopic soot particles 2.5 microns
in size (PM2.5) is the most harmful.
 About the thickness of a human red
blood cell
 All open burning produces PM2.5
RX410-5A-13-EP
Respirable Particulates
Coarse
particles =
upper
respiratory
system
Fine
particles =
lower
respiratory
system
Groups at Greater Risk
 Athletes & active adults
 Outdoor workers (such as contractors)
 The elderly
 Those with respiratory illnesses like
asthma or those with heart disease
 Children
Asthma
 Many health professionals consider the
increase in asthma in the U.S. (including
Iowa) to be an epidemic.
 Even today, severe asthma attacks result in
numerous hospital admissions and deaths.
 Smoke is a known trigger for an asthma
attack.
Air Toxics from Burning
 Burning of C & D waste can produce
benzene, styrene, formaldehyde, acrolein,
dioxin and other toxic air pollutants.
 Acute effects can include headaches,
dizziness, nausea and breathing difficulties.
 Chronic health effects include: Cancers,
birth defects, reproductive problems, liver
diseases and other serious health
complications. Diseases can take many
years to develop.
Building materials that produce
toxins when burned
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treated and manufactured lumber
sealants, tarpaper, insulation
shingles and roofing material
coated wiring, rubber, tubing, plastics
metals
carpet/flooring/paneling
glue, resins, varnishes, paint
Burning - the ideal dioxin source?*
 Burning of C & D
waste, like trash burn
barrels, are the “perfect
storm” for dioxin
formation: low temps,
low oxygen, chlorine
(from paper products &
plastics), soot (PM) and
metals.
*Source: U.S. EPA. More at
www.epa.gov/msw/backyard/health
Why are Dioxins a problem?
 Travels great distances and deposits on
land and water bodies
 Shown to be highly toxic in animal
studies – even at extremely low levels
 Affects reproduction & development,
suppresses the immune system, cause
rashes and skin ailments, miscarriages,
birth defects
 Probable carcinogen
Dioxin Concerns - con’t
 Dioxin settles on plants and land
(including farmland), where it enters
the food chain, becoming more
concentrated at each step.
 People are exposed when they
consume dairy products and eat
foods containing animal fat.
Solid Waste Disposal
Rule 567 IAC 100.4 (455B)
…a person shall not dump or deposit
or permit the dumping or depositing
of solid waste…
Open Dumping Regulations
 567 IAC 100.4 prohibits private or public agencies
from dumping or depositing, or permitting the
dumping or depositing of any solid waste at any
place other than a permitted sanitary disposal
project.
 Solid waste = garbage, refuse, rubbish, and other
similar discarded solid or semisolid materials.
 However, this rule does not prohibit the use of dirt,
stone, brick or similar inorganic material (rubble)
for fill, landscaping, excavation or grading at
places other than a sanitary disposal project.
The Solid Waste regulations:
 Prohibit dumping waste on the ground
 Prohibit burial of waste, unless exempt
Farm-related disposal
exemptions:
 Farm animals (number per acre of species)
 Farm buildings (out buildings and residential
dwelling)
 Farm waste (machinery, vehicles,
equipment, trees, brush, stumps)
The farm exemptions allow burial,
but several conditions apply:
 Must be buried on the premises where the waste
originated
 Must have fluids and chemicals removed
 Buildings and equipment emptied of all contents
 Burial pit limited to Six feet deep
 There are separation distances and soil
conditions must be appropriate.
 Unless one has a beneficial reuse
determination for a waste material (567 IAC
108), the only material that is legal to dump just
about anywhere is clean rubble (dirt, sand,
rock, busted up concrete).
 Rubble must be free of debris (no % allowance
in rule).
 Asphalt may be used as construction base
material, but is limited to uses that will not
cause it to be placed in a waterway.
Illegal burning and dumping of trade
waste & C/D waste are DNR
enforcement action priorities
 Each burning Violation = up to $10,000 fine
 Each Waste Violation = up to $5,000 fine
 Egregious or repeat violators may be
referred to the Attorney General for criminal
enforcement and larger fines
Regulations (IAC) on the web
www.legis.ia.state.us/iac.html
DNR Field Offices
www.iowadnr.com/fo/index.html
Questions?
Thank you!