PURPOSE: This regulation prohibits the disposal of refuse by open burning except as provided under specified conditions.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Refuse Burning Restrictions. On and after May 1, 1969 no person may conduct, cause, permit or allow open burning of refuse.
2. (2) Prohibition of Salvage Operations by Open Burning. On and after ninety (90) days from the effective date of this regulation (June 25, 1975), no person may conduct, cause, permit or allow a salvage operation by open burning.
3. (3) Restrictions on Open Burning of Trade Wastes. On and after one hundred eighty
4. (180) days (September 25, 1976) from the effective date of this regulation (March 25, 1976), no person may conduct, cause, permit or allow the disposal of trade wastes by open burning.

5. (4) Exceptions.

   1. (A) Open burning of household refuse originating from a residence of fewer than five (5) dwelling units shall not be in violation of section (1) of this regulation, provided that the burning takes place on the premises where the refuse originates and provided further that the burning takes place within an area zoned for agricultural purposes and outside that portion of the metropolitan area surrounded by the corporate limits of Kansas City and every contiguous municipality and outside that portion of the metropolitan area surrounded by the corporate limits of St. Joseph.

   2. (B) The open burning of trade wastes and vegetation may be permitted only when it can be shown that open burning is the only feasible method of disposal and that disposal is in the public interest. Any person intending to engage in the open burning shall file a request to do so with the director. The application shall state the following:

      1. 1. The name, address and telephone

number of the person submitting the application;

1. 2. The type of business or activity

involved;

1. 3. A description of the proposed equip-

ment and operating practices, the type, quantity and composition of material to be burned and the expected composition and amount of air contaminants to be released to the atmosphere, where known;

1. 4. The schedule of burning operations;
2. 5. The exact location where the open

burning will occur;

1. 6. Reasons why open burning is the only

feasible method of disposal and why disposal is in the public interest; and

1. 7. Evidence that the proposed open

burning has been approved by the fire control authority which has jurisdiction. Upon approval of the application by the director, the person may proceed with the operation without being in violation of section (1) or (3) of this regulation but this approval shall not exempt the applicant from the provisions of any other law, ordinance or regulation.

1. (C) An open burning permit may be issued by the director for open burning on a continual basis at a sanitary landfill, demolition landfill, compost plant, transfer station or salvage operation provided that—

   1. 1. The sanitary landfill, demolition

landfill, compost plant, transfer station or salvage operation has a valid permit issued by the Waste Management Program under the provisions of sections 260.200–260.245, RSMo or is approved for open burning by the director in cases where a Waste Management Program permit is not required;

1. 2. Only tree trunks, tree limbs, vegeta-

tion or untreated waste lumber are burned;

1. 3. The open burning will take place at a

time of day when atmospheric conditions will permit adequate dispersion of smoke;

1. 4. The distance from the open burning

site to the nearest inhabited residence or commercial business is at least two hundred (200) yards or a greater distance as determined by the director to be required to prevent a nuisance;

1. 5. The open burning will not hinder the

operation of the installation itself, ignite material other than that specified in paragraph (4)(C)2. or otherwise create a fire hazard;

1. 6. The fire control authority which has

jurisdiction approves the method and site of open burning;

1. 7. The owner or operator complies with

all applicable laws, regulations and ordinances regulating open burning;

1. 8. The owner or operator submits infor-

mation to the director prior to the issuance of the permit showing that the conditions of this subsection will be met;

1. 9. The director may place conditions in

the permit concerning times, methods and locations of burning in order to prevent air pollution, nuisance conditions or safety hazards;

1. 10. In a nonattainment area, as defined

in 10 CSR 10-6.020(2)(N)3., the director shall not issue a permit under this subsection, unless the owner or operator can demonstrate to the satisfaction of the director that the emissions from the open burning of the specified material would be less than the emissions from otherwise processing the specified material; and

1. 11. The permit may be revoked if the

owner or operator fails to comply with the provisions of this subsection or any condition of the permit or if a permit issued by the Waste Management Program as specified in paragraph (4)(C)1. is revoked or voided.

1. (D) This regulation shall not apply to the following:

   1. 1. Fires set in connection with agricul-

tural operations related to the growing or harvesting of crops. For the purpose of this regulation, botanical nursery operations shall not be considered as agricultural operations;

1. 2. The burning of gaseous trade wastes

in refinery or industrial chemical safety flares. Full smokeless-tip combustion, steam addition or other flare smoke control methods approved by the staff director shall be used and emissions may not be of a shade or density equal to or greater than No. 1 on the Ringelmann Chart, Bureau of Mines Information Circular 8333; and

1. 3. Fires used for recreational purposes

or fires used for the noncommercial preparation of food such as by barbecuing.

1. (E) Within the corporate limits of St. Joseph, the open burning of residential yard waste consisting of leaves and brush from vegetation grown on a residential property is permitted during the following calendar periods and time-of-day restrictions:

   1. 1. A three (3)-week period within the

period commencing the first day of March through April 30 continuing for twenty-one (21) consecutive calendar days;

1. 2. A three (3)-week period within the

period commencing the first day of October through November 30 for twenty-one (21) consecutive calendar days;

1. 3. The burning shall take place only

between the daytime hours of 10:00 a.m. and 3:30 p.m.; and

1. 4. The twenty-one (21)-day burning

period, in each instance, shall be determined by the Director of Public Health and Welfare of the City of St. Joseph and the state fire marshal for the region in which the City of St. Joseph is located provided, however, the burning period first shall receive the approval of the director.

AUTHORITY: section 203.050, RSMo 1986. Original rule filed Dec. 26, 1968, effective Jan. 5, 1969. Amended: Filed March 2, 1972, effective March 12, 1972. Amended: Filed Feb. 13, 1979, effective July 12, 1979. Amended: Filed Aug. 13, 1982, effective Jan. 13, 1983. Amended: Filed Nov. 9, 1983, effective April 12, 1984.