The Hawai’i State Department of Health (DOH) Clean Air Branch has amended Hawai‘i Administrative Rules 11-60.1 (related to air pollution control) by adding new restrictions on open burning of trash and green waste. These additions will improve the Agricultural Burning Permit process and expand the issuance of field citations.
Open burning of yard waste and household trash also known as “backyard burning” has been illegal on O‘ahu since June 1, 1973. With the new rules, backyard burning is now prohibited on all islands. Open burning creates an unnecessary nuisance and possible health risk due to the smoke and air pollution it produces. The practice also creates a significant fire hazard. With the greater availability of alternative means of waste disposal such as improved trash services, recycling, and composting on all islands, backyard burning is no longer a necessity.
Those violating the open burning rules are subject to fines of up to $10,000 per violation, per day. The amended rules allow only a few exceptions to the prohibition on open burning. One exception is agricultural burning that allows legitimate agricultural businesses to burn green waste after obtaining an Agricultural Burning Permit (AGP) from the DOH.
The new amended rules enhance the AGP application process and clarify the conditions under which certain categories of open burning are allowed. Another exception allows attended fires for the cooking of food, but open burning for the heating of water for residential bathing purposes is prohibited.
Rule amendments also allow the DOH to issue a field citation (an expedited enforcement action) to facilities that illegally operate air pollution sources without a valid air pollution control permit.
For a copy of the amended rules go to: http://gen.doh.hawaii.gov/sites/har/AdmRules1/11-60-1.pdf
