- (a) During conditions of air pollution, when declared by the Director of the Division of Environmental Quality to exist in any area of the state, all open burning in such area which otherwise is exempted in this section shall be discontinued as set forth herein, unless otherwise is specifically provided in the director’s public announcements pursuant to the provisions of Subpart 13 of this part.
(b) Conditions of air pollution as defined in 8 CAR § 40-105.
- (1) Open burning as provided in 8 CAR § 40-503(2), (3), (6), and (8) shall be discontinued until such conditions have been declared by the director to have ceased to exist.
- (2) The Division of Environmental Quality may limit the scope of such discontinuance to one (1) or more of the activities as provided in 8 CAR § 40-503(2), (3), (6), and (8) if it finds that the conditions of air pollution are primarily caused by such activity.
(c) Conditions of episodic air pollution as defined in 8 CAR § 40-105.
- (1) Open burning as provided in 8 CAR § 40-503(2), (3), (6), and (7) shall be discontinued upon public announcement by the director, until such time that the director declares such conditions have ceased to exist.
- (2) The director may limit the scope of such discontinuance to one (1) or more of the activities if he or she finds that the conditions of air pollution are caused primarily by such activity.
- (d) The prohibition of open burning pursuant to the provisions of this section shall be in effect as of January 30, 1972, except that such prohibition shall not be applicable to 8 CAR § 40-503(2) of this subpart until July 15, 1973.
- (e) The director may permit open burning during the existence of a condition of air pollution under conditions described in 8 CAR § 40-503 (6), (7), and (8) if the director, after consultation with public safety officials in the locality in question, determines that such open burning is absolutely necessary, in the director’s opinion, to prevent danger to life or property.
- (f) The statutory authority of the division to grant variances and permits is in no way limited by this subpart.