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Clearing the Air Tools for Reducing Residential Burning

Compiled by the Western Lake Superior Sanitary District in partnership with the Minnesota Office of Environmental Assistance Funded through a grant from the U.S. EPA Great Lakes National Program Office

placed strict air emission controls on Table of Contents Introduction municipal- burners and medical waste incinerators, which has led to a The rural areas in the Great Lakes states 99-percent reduction in dioxin emissions contain abundant woods, wildlife and from these sources since 1990. 4 Introduction farm country. Among the lakes, cabins However, these controls cannot be and homesteads, one of the largest replicated in burn barrels. We know that 6 Background – The Burning Problem sources of the harmful dioxin low temperatures and poor in the country continues virtually air circulation in backyard burning 8 Education Tools unnoticed. Many of us have seen or situations cause incomplete combustion even participated in this release of and promote large amounts of dioxin Additional Resources without realizing it. The main production. It’s time to take this source culprit is not a large factory or mill, but of preventable seriously. 13 Offering Alternatives sits quietly much closer to home: a charred 55-gallon drum. The sight Burn Barrel Studies 16 Regulatory Tools of burn barrels, burn piles and foul-smelling from burning In 1992, the Western Lake Superior Minnesota: Closing the Gaps garbage is fairly common in rural Sanitary District (WLSSD) in Duluth, areas around Lake Superior and Minnesota sponsored the first known Wisconsin: Encouraging the Midwest. formal study of the pollutants released Local Ordinances by the burning of household waste in a Many people consider the long-standing simple “burn barrel.” At the time, Michigan: Local Enforcement practice of burning garbage and house- WLSSD operated a municipal garbage hold waste to be an acceptable disposal incinerator and was concerned about 23 Successful Case Studies option. However, smoke from burning recent findings of dioxin in the environ- waste contains many harmful pollutants, ment around Northern Minnesota. The 26 Appendix A-E: including hydrogen cyanide, sulfur WLSSD incinerator was found to release dioxides, polycyclic aromatic very little dioxin and other pollutants Sample News Release hydrocarbons, , lead, mercury due to high burn temperatures and and many others. These pollutants can pollution control devices. However, the Sample Newsletter Text damage the lungs, nervous system, results of the burn barrel test were kidneys and liver. In addition, mounting surprising. Due to a lower burn Possible Funding Sources scientific evidence indicates household temperature and the lack of pollution garbage burning presents an even more control devices, the single barrel was Enforcement Education Tools serious threat to and the shown to release about 8 times more environment due to the large production dioxin and 11 times more overall Wisconsin’s Model Ordinance of dioxin, a known carcinogen. pollutants than a full-scale incinerator! According to research by the United This alarming finding led to more study “Bernie” Materials States Environmental Protection Agency by the U.S. EPA, which confirmed that (U.S. EPA), backyard burning is now high levels of dioxin and pollutants are This document, as well as the considered to be the largest known released from household garbage "Bernie the Burn Barrel" media kit, source of dioxin in the nation and pro- burning. The research showed that a are available on CD upon request or duces more than all other known sources family of four who burns their online at www.wlssd.com. For copies, combined. household on-site will generate please contact WLSSD at 218-722-3336, as much OR MORE dioxin than a or the Minnesota Office of Burning is NOT a good way to dispose full-scale, 200 ton/day municipal Environmental Assistance Education of any sort of waste. Burning garbage is waste incinerator. Clearinghouse at 1-800-877-6300 dangerous to health, property and the or 612-215-0232. environment. It is unnecessary and often In 1997, the U.S. EPA and Environment illegal. Backyard burning also triggers Canada signed the Great Lakes numerous and can be a Binational Toxics Strategy agreement to nuisance to neighbors. In Minnesota, the address actions to “stop the input of burning of household waste has been persistent toxic substances into the Great illegal since 1969. Years ago, backyard Lakes environment.” The substances burning represented a smaller portion of addressed included dioxin and furans, the pollutants being released into the both compounds that are formed through environment. The U.S. EPA has now combustion of waste and are linked to

4 in humans. Strict regulation of This campaign featured the character of Environmental Assistance (MOEA), industries and incinerators over the past “Bernie the Burn Barrel” and included “Guide to Reducing Backyard Burning two decades has greatly reduced the animated television ads, black and white and On-site Disposal.” emission of many pollutants, including newspaper ads, full color magazine ads, dioxin and furans. Remaining sources color posters and fact sheets that were This is a guide for local officials and such as household garbage burning mailed directly to local rural residents in solid waste administrators concerned proved harder to regulate and eradicate. 2001. This six-week multi-media about the practice of garbage burning in WLSSD staff participated in the Burn educational campaign kicked off with a their jurisdictions. The tool kit contains Barrel subgroup of the Binational Toxics news release and news conference. information about state and local laws Strategy Dioxin/Furan Workgroup and regulating burning, along with worked with other agencies to address With funding support from GLNPO, enforcement tools and examples. this issue. WLSSD hosted a workshop for local Bernie the Burn Barrel is included, as officials in 2005, and launched a second well as other public education WLSSD public education campaign using programs and efforts. Anti-Burning efforts “Bernie the Burn Barrel” materials. The 2005 campaign added billboards in Changing habits In late 1999, with support from the high-traffic areas and created Great Lakes National Program Office educational pieces for fire and The key elements of successful (GLNPO) of the U.S. EPA, WLSSD enforcement officials. This funding programs aimed at reducing garbage conducted a survey of Northeastern also allowed for the compilation and burning are: Minnesota and Northwestern Wisconsin publication of this Toolkit. •Educating the public about the residents to assess the amount of hazards related to burning garbage burning in the region. Over This document shares the information •Providing good waste disposal 27-percent of the respondents admitted gathered through subsequent infrastructure to burning garbage. collaboration with other members of •Offering incentives to stop burning the Burn Barrel subgroup and concerned and begin using other disposal Based upon these findings, WLSSD officials around Lake Superior. It methods developed a public education campaign includes an update of the 1996 •Developing and enforcing regulations about the hazards of garbage burning. publication by the Minnesota Office related to open burning Major Known Sources of Dioxin

Data from the U.S. EPA Draft "Inventory of Sources and Environmental Releases of Dioxin-like Compounds in the : The Year 2000 Update." This data is still undergoing peer review and does not represent official EPA policy.

5 Every community is different and there is no “one size fits all” solution to Background – reducing residential garbage burning. The Burning Problem Successful programs have shown that using these elements in various combinations is crucial. Township Health and Safety Dangers supervisors, solid waste officials, garbage haulers, county deputies, tribal “We’ve always burned our garbage! leaders, teachers and concerned Why stop now?” community residents can all work together to reduce the dangerous practice “I heard the are filling up, so of garbage burning. Materials included burning makes less waste!” within this guide represent collaboration between many of those groups. Citizens “It’s just paper. That can’t hurt and officials can have an immediate, anything.” positive effect upon the health of their communities when they work together to These are common misconceptions in reduce open burning. No matter what rural areas around the Great Lakes role you play in your community, you states. Many residents have been should find the information here useful. burning their garbage for years, never considering that their actions could have serious consequences. Some may resent being asked to stop burning. Local officials are sometimes reluctant to intervene, believing in the rights of citizens to choose their own waste disposal methods on their own property, not fully understanding the health and environmental dangers associated with residential garbage burning.

Is burning garbage really such a big problem? In a word, yes. This idea can be hard to convey to many rural residents, but it is important that local officials and citizens begin learning about this issue and see how easy it can be to make a positive change in a community’s health and safety. Open burning causes serious pollution and dangerous conditions, but the good news is that it is completely preventable behavior. There is no benefit to burning garbage.

People have used burning as a method of for generations. However, there are many good reasons to consider other methods and to stop burning any sort of garbage. Garbage, now full of plastic and treated materials, has changed much in the past 50-100 years. The health and environmental hazards of residential garbage burning are much more serious today than for previous generations.

6 Carcinogens and pasture lands and other animal food, continue to smolder. Even a small pile of where they are consumed and ash can contain smoldering embers that concentrated in the body of animals like can start a days later. cows, chickens, pigs and fish. When Many toxic chemicals are released when meat or dairy products are eaten, the garbage is burned. These substances can Who’s the Culprit? dioxin enters and remains in our bodies. include like arsenic, styrene, This is called bioaccumulation. Nearly barium, mercury, chromium, formalde- Burning garbage is still a fairly common all humans carry some dioxin in their hyde, hydrochloric acid, lead and activity around Lake Superior. A survey bodies. Women can pass dioxin to their nitrogen and sulfur oxides. Some of the completed in late 1999 for WLSSD babies during breastfeeding. An most dangerous chemicals released are found that over 27-percent of those additional problem with residential dioxin and dioxin-like compounds, surveyed in Northeastern Minnesota and garbage burning is not just the amount chemicals that are produced when Northwestern Wisconsin admitted of emissions but the fact that it generally materials containing chlorine are burned. burning garbage at least occasionally. A occurs in agricultural areas where the These materials are quite common: similar survey, completed in 2005 by the dioxin can readily contaminate fodder traces of salt, bleached paper, plastics MOEA, found that statewide, 45-percent and animal grazing lands. and even wood can produce dioxin when of rural Minnesotans admitted burning, burned. with a rate of 36-percent in the Other Health Concerns Northeast Region nearest to Lake The Dioxin Danger Superior. A drive around rural Other concerns related to burning neighborhoods and farms often reveals garbage are the smoke, smells and sooty burn barrels in yards or burn piles in Dioxin is a potent human carcinogen particles produced when waste is fields. And many rural residents are that can have significant impacts on burned. This hazard affects those near aware of burning happening in their human development, immune systems the burning waste, such as children and neighborhoods, if only from the odors and reproductive systems. Dioxin expo- the elderly who may live in the and smoke produced. sure is especially harmful for children, neighborhood. Particulate matter ( pregnant women and the elderly. In and tiny ashes) from the fire can More information and results from the February 1997, the International Agency contribute to eye and throat irritation, “Open Burning in Rural Minnesota” for Research on Cancer (IARC) and breathing problems survey can be found at classified dioxin (TCDD) as a “known” especially among sensitive individuals. http://www.moea.state.mn.us/reduce/ human carcinogen and the Department Ashes from burning waste can contain burnbarrel.cfm or by contacting the of Health and Human Services proposed elevated levels of lead, arsenic, mercury Minnesota Office of Environmental the same in 1999. The U.S. EPA has and chromium. Disposal in gardens or Assistance at 1-800-657-3843. classified dioxins as "likely" human by burying can lead to food or surface carcinogens. water contamination. Households are not the only source of garbage burning activity. MPCA Dioxin is also an endocrine disrupter inspectors have found businesses that (a chemical that interferes with the func- Fire Dangers are burning garbage as well. The Agency tion of the endocrine system) and can can take enforcement action when cause reproductive, developmental and The Minnesota and Wisconsin garbage burning is discovered at immunological problems in humans and Departments of Natural Resources both businesses since use of the small waste animals. The endocrine system consists estimate that 40-percent of the wildfires combustors used at many businesses of glands and the hormones they pro- started each year are caused by was banned in 1996. duce that guide development, growth, burning. In early 2005, a home in reproduction and behavior. Minnesota was destroyed and a man seriously burned when embers from a The burning of waste is completely unnecessary, yet still fairly common. According to the World Health burn barrel were blown and reignited It puts life, health and property at risk. Organization, 90-percent of human by the wind. Use this guide to learn more about dioxin exposure comes not through addressing the four main ideas that help breathing smoke, but from the food The fire hazard exists while a burn reduce open burning. supply. Dioxin contaminants fall onto barrel is burning and as long as the ashes How are we exposed to dioxins?

7 could be used anywhere in the country Bernie the with minor modifications. Education Tools Burn Barrel: A media case study Once the character and materials have Increased awareness of the hazards been produced, media placement and dis- associated with open burning is key to tributing materials to the public make up reducing this dangerous practice. Local the most significant costs for the public Bernie is Born! education campaign. Costs for media counties and municipalities can help placement and distribution vary widely educate citizens about the “burning depending upon the size of the media facts” as well as promote local waste market. disposal options and alternatives to open burning. Enforcement of regulations is Sample Costs for Bernie most effective when combined with Education Campaign: clear information that supports local ordinances and state laws. • Printing of 10,000 2-color, tri-fold brochures on heavier paper: $850 Educational materials are readily In 2001, WLSSD developed a public • Direct mail of this brochure to 7,405 available and include videos, fact sheets, education campaign about the hazards of rural residences: $1,003 direct mail brochures, posters, burning garbage, funded largely by a grant • Purchasing ads in daily local bookmarks, Web sites and even from the Great Lakes National Program newspaper: $764 per quarter page ad billboards. Materials can be mailed to Office of the U.S. EPA. A nationally residents, handed out by enforcement recognized advertising and public relations • Purchasing ads in smaller weekly firm was selected to help WLSSD staff to newspapers: $176-$350 per quarter officers or distributed at special events. develop and produce materials to inform page ad Articles can be placed in newsletters, the general public about the hazards of • Running 30, :30-second TV spots on inserts put into utility bills or short open garbage burning and to curb the use 2 local stations over 2 months: $2840 programs given for school and of this waste management practice. • Purchasing a 10’ x 22’ billboard: community groups. Many different Several potential options were evaluated, $625 per month methods can be used to spread the word and the group developed and produced a to different sectors of the community. campaign featuring “Bernie the Burn A free CD of customizable “Bernie” mate- Barrel,” a character designed to appeal to rials is available upon request from The Internet is a rich source of all ages that speaks about the hazards of WLSSD or online at www.wlssd.com. anti-burning educational tools. burning garbage. Visit www.openburning.org, www.moea.state.mn.us/reduce. The “Bernie” campaign kicked off with a burnbarrel.cfm news release and news conference complete with a 6-foot-tall image of or www.wlssd.com to begin, and follow “Bernie.” The campaign spanned six other links to learn more. Many weeks and included animated 30-second materials can be downloaded directly, or television commercials, black and white obtained by contacting the sponsoring newspaper ads, full-color magazine ads, agencies. full-color posters and fact sheets that were mailed directly to local rural residents. Spreading the Word Brochures were also distributed at special events and directly to those who were Purchasing media time and space can be interested. It modestly raised awareness expensive. In order to ensure that you about the problems associated with open garbage burning. are getting the best value from your resources, there are a few key ideas to With funding support from GLNPO, consider when determining how you will WLSSD launched a second public convey your message to the public. education campaign in 2005 that used much of the same materials as the previous •Know your message. What specific campaign. The new campaign revised information will you convey? some of the content of the fact sheets and •Know your audience. It is very advertisements, added billboards in important to first understand who high-traffic areas and added educational you are trying to reach with your pieces for enforcement and to accompany message. burn permits. The materials were •Evaluate your media options by originally used in the Duluth/Superior Above are samples from the “Bernie” understanding how each will reach MSA (Metropolitan Statistical Area), but campaign. Look for additional materials throughout this Toolkit and in Appendix E.

8 your target audience. You must weigh articles can improve the results of the media method’s ability your educational campaign. Additional to reach the right people along Education Projects with costs. Burn Permit •Consider both paid and unpaid Holder Education The Minnesota Pollution Control methods to deliver your message. Agency is using a Great Lakes National Newspaper inserts targeted to specific Program Office (GLNPO) grant to fund areas/zip codes and inserts in utility The brochure open burning abatement projects in four bill are effective ways to reach local pictured here Lake Superior watershed communities, residents and can be very reasonably was provided including the City of Aurora, Carlton priced. Articles in local township to fire wardens County, Cook County and St. Louis newsletters or other smaller to give to burn County. The educational techniques used publications, letters to the editor permit holders. by the local governments include placing or guest editorials will quite often burn barrel education messages on a have little or no costs associated county truck, and with them. developing an open burning mini-drama •Consider collaborating with others. for K-6 schools in the Lake Superior Some jurisdictions have joined basin, to be performed in schools in together to pool money to buy media Cook, Lake, Carlton and St. Louis in larger markets – enabling them to Counties. Additional incentive and deliver their message with greater trade-in programs encourage residents to frequency through more media. get rid of their burn barrels.

See Appendix A (or visit wlssd.com) For more information, contact for sample newsletter and sample Carri Lohse-Hanson at the Minnesota news release text. Pollution Control Agency at 651-296-9134 or Tips for effective [email protected]. educational materials: In many rural areas, some burning of vegetative brush is legal and allowed •Make sure that messages are stated in through permits. Anecdotal evidence a clear, concise manner, without jar- suggests that legal burning can lead to gon and/or technical language. Use the burning of illegal materials such as simple language whenever possible. treated or painted wood or paper. •Relate the message to everyday life. Otherwise law-abiding residents with Tell your audience why they should burn permits may not be properly aware care and what you want them to do. of which materials can be legally burned •Ensure that the materials are eye- (i.e., vegetative material only) or the catching. Graphics such as appropri- health hazards related to burning ate artwork or photographs can help prohibited materials. to convey the message and can make the educational materials look more WLSSD, in conjunction with the interesting and attractive. In printed Minnesota Department of Natural materials, the use of “white space” Resources (MN DNR) Firewise (blank space with no type or artwork) program, developed a fact sheet for fire can assist in making educational wardens around Minnesota to distribute materials more visually appealing as to burn permittees to discuss the health well. hazards of open burning. •Ensure that your message is accurate and honest. Don’t make unproven Digital files of this fact sheet can be claims or exaggerations. This can obtained by contacting WLSSD or the impact the credibility of your MN DNR Firewise Program message. www.dnr.state.mn.us/firewise. See the •Repetition and frequency are key to Regulatory Tools section of this guide effectively reaching a large audience for more information about legal burning and increasing awareness of an issue. and fact sheets for Minnesota deputies Using multiple advertisements and and fire wardens.

9 Air Defenders: the Camp Fire Education Garbage burning doesn’t just happen in Quest for Clean Air backyards. Other audiences that can benefit from information about the Open Burning Education hazards of burning are cabin owners, campers and hikers. The Minnesota Pollution Control Agency (MPCA), in Air Defenders is an educational resource Students learn through activities in conjunction with the MOEA, the Lake on open burning, air quality and respira- science, and music Superior Binational Program and the tory health, developed by the Wisconsin lessons that meet U.S. and Wisconsin U.S. Service developed campfire Association in academic standards. These lessons cards for distribution at campgrounds partnership with the Wisconsin develop critical thinking with a focus on and offices in Minnesota, Michigan and Department of Natural Resources. It’s finding solutions for home and farm Wisconsin. They were also distributed to designed to help health officials and waste disposal, exploring the physics resort owners at a sport and boat expo in other community educators, as well as and chemistry of waste and Duluth. The cards were very simple, but teachers, create fun and valuable hands- open burning, and on the related issues reached an important sector of the popu- on classroom lessons for students. The of air quality and human respiratory lation who may not have been aware that program evolved after county health health. their attempts at reducing garbage (by officials in rural Wisconsin noticed a burning) while camping was producing dramatic increase in the number of How to Get an Air Defenders Kit: harmful chemicals. asthma cases in rural children. Officials Log on to www.airdefenders.org, or attributed this increase in part to toxic call the Wisconsin Department of emissions from open burning and poor Natural Resources (WI DNR) in air quality. Madison, WI at (608) 266-6790. Wisconsin residents may order one copy “Air Defenders: The Quest for Clean of the kit for free. Non-residents and Air” is an interdisciplinary, multi-media Wisconsin residents who would like educational program and Web site for multiple copies may order the kit for a students 10 years old and up. Students small fee. Shipping and handling earn their Air Defender badge while charges will apply. pursuing their quest to clean the air and Visit www.airdefenders.org to see protect . sample materials and meet the Air Defenders.

Additional “bookmark” resources were developed by the MPCA to provide an eye-catching and useful item for residents to pick up at events. For more information, contact Joel Peterson at the Minnesota Pollution Control Agency at 218-723-4898 or [email protected].

10 Classroom Education Afternoon Breakout Sessions Preventable MPCA Grants Reaching students is a valuable way to Pollution: A Tribal Perspectives help ensure that the long-standing Workshop for Local Fire Prevention practice of burning garbage becomes a thing of the past. Children are Officials The full agenda and speakers’ notes are sometimes more open to new messages available at than adults, and can help educate their Held Friday, March 4, 2005 in Duluth www.wlssd.com/Open_Burning/ own families when they share informa- 9 a.m. – 5 p.m. OB-Workshop.htm tion learned in school. Air Defenders is Duluth Harborview Radisson an exciting, interactive kit for use with Conference Center Results: schools and community groups like 4-H Presenters and participants enjoyed the and scouts. Hosted by WLSSD with a grant funded opportunity to discuss and learn from by U.S. EPA-GLNPO. each other. Full-group sessions and Education for smaller breakout sessions offered a Target audience: cross-section of the issues related to Local Officials Township and county officials, solid open burning to all participants and waste administrators, fire wardens and allowed for greater focus on education, The value of education in reducing open volunteer fire department chiefs in infrastructure or enforcement depending burning goes beyond reaching only Minnesota, Wisconsin and Michigan. on the participants’ interest. The free citizens. County commissioners, law buffet lunch encouraged participants to enforcement officers and other local Presenters: stay at the conference through the entire government officials should familiarize Included professionals from the MPCA, day and increased opportunities for themselves with this common form of MOEA, MN DNR, local counties, WI interactions among participants and local, preventable pollution. Knowing DNR, tribes, health departments, etc. presenters. the facts and hazards associated with burning will make the establishment of Objective: Similar workshops were hosted by clear regulations and consistent To gather local experts and officials to EcoSuperior Environmental Programs in enforcement much easier. Citizens will discuss the issue of open burning in their Thunder Bay, Canada in April 2002 and benefit from a clear message that communities, increase connections by the Vermont Department of burning garbage is always illegal. among agencies working on open Environmental Conservation in May burning issues and learn more about how 2004. More information is available at: Gather to Learn to reduce open burning. The workshop http://www.ecosuperior.com/ offered information on enforcement of openburning.html One effective method for facilitating open burning laws, discussion of state http://www.anr.state.vt.us/air/htm/ conversation among local officials and statutes and ordinances, discussion of OpenBurnForumPresentations.htm interested community members is to host infrastructure options and successful a workshop on issues related to open education efforts around Lake Superior. burning. Free workshops are ideal if funding allows. Workshops enable those Basic Agenda: interested in this issue to connect with Morning Sessions others, learn consistent messages, Defining the Issues become familiar with other burn barrel Health Effects of Open Burning reduction efforts in nearby communities State Ordinances and Enforcement and get “fired up” to continue work on the issue. Morning Breakout Sessions Wisconsin's Model Ordinance A simple presentation from a local Burn Permit/Enforcement Issues county health official or knowledgeable Education: Air Defenders professional about the hazards of burning may provide some of the same Lunch (provided free) opportunities in a shorter time frame. Afternoon Sessions Enforcement Education /Waste Disposal Infrastructure This invitation was mailed to more than Panel 1,200 officials around Lake Superior. Enforcement of open burning laws offers Public Information/Ad Campaigns a unique opportunity for education, both for citizens and for enforcement

11 officials. Police departments and www.burnbarrel.org/ sheriffs’ offices often have many Additional Overall view demands on their time that have higher Resources priorities than illegal burning. However, www.openburning.org equally important is the fact that some Great Lakes Open Burning Web site officers’ departments lack a thorough Videos and DVDs (maintained by Canadian Centre for understanding of the laws concerning ) burning of household wastes. Officers “The Adventures of Bernie the Burn are therefore not able to effectively Barrel” 30-second TV ad in VHS www.arb.ca.gov/smp/resburn/ enforce burning regulations. An effective format. Western Lake Superior Sanitary resburn.htm educational presentation for police District, 2001. 218-722-3336 California efforts, including fact sheets departments and sheriffs’ offices, even www.wlssd.com in Spanish a 20-minute talk at an existing law enforcement gathering, can help increase “The Hazards of Burn Barrels in the www.ecy.wa.gov/programs/air/ their knowledge of burning laws and Lake Superior Basin” 15-minute video outdoor_woodsmoke/burn_barrel.htm ordinances. This, in turn, will make in VHS and DVD formats. Northwest Washington State materials, including them better able to enforce illegal Regional Planning Commission, 2005. TV commercial burning when situations arise. Contact Jen Barton - 715-635-2197 [email protected] www.nwrpc.com www.state.me.us/dep/air/ Through a simple workshop put on by compliance/bckyrd.htm the county and/or DNR forest or “Open Burning: A Tradition to Maine info, explains new burning ban law conservation officers, county staff can Discard” 14-minute video in VHS and educate enforcement officials about the DVD formats. Wisconsin Department of www.des.state.nh.us/ard/ laws concerning the burning of Natural Resources, 2004. 608-266-7718 dioxin/press_dioxinstrategy.htm household waste so that the officials dnr.wi.gov/org/caer/ce/ob/ New Hampshire Dioxin Strategy, with feel more confident in enforcing the fact sheets on open burning “Waste Not, Burn Not” 9-minute video laws that regulate backyard burning. in VHS format. Contact Minnesota DNR forest and conservation officers, www.ci.superior.wi.us/ Office of Environmental Assistance and who are the most familiar with illegal publicwks//BurnBarrels.htm Chisago County Department of burning and handle most of the Superior, WI Wastewater Treatment Environmental Services, 1996. enforcement can be contacted if further Plant burn barrel education Minnesota Office of Environmental clarification on illegal burning is needed. Assistance Education Clearinghouse, www.dontburnvt.org/ 651-215-0232 or 800-877-6300; See Appendix C for an example of a Vermont’s public information efforts [email protected]; Fact Sheet for Minnesota Deputies. related to trash burning www.moea.state.mn.us www.anr.state.vt.us/air/htm/ Online resources OpenBurnForumPresentations.htm Vermont Forum on Open Burning, held www.moea.state.mn.us/reduce/ in 2004 burnbarrel.cfm Minnesota residential garbage burning www.epa.gov/bns/ and resources and information binational.net/bns/2004/index.html Great Lakes Binational Toxics Strategy dnr.wi.gov/org/caer/ce/ob/ Wisconsin Open Burning resources cfpub2.epa.gov/ncea/cfm/ recordisplay.cfm?deid=55264 www.michigan.gov/deq/ EPA Dioxin and Related Compounds 0,1607,7-135-3310-65250--,00.html Site Michigan Open Burning Information www.health.state.mn.us/divs/eh/risk/ www.wlssd.com guidance/dioxinfs.html#epa “Bernie the Burn Barrel” resources MN Health Department Dioxin Risk Assessment www.epa.gov/msw/backyard/ EPA Backyard Burning site www.burnitsmart.org Safe wood burning

12 Offering Successful approach to waste reduction. The operation and maintenance of the Alternatives Program Case five drop-off sites in Houston County Study are financed by a $2.50-per-month user Encouraging better fee assessed to every household in the disposal methods county. City and township officials assist Houston County rural the county in reviewing the fee yearly. program Every city and township in the county Providing good rural waste disposal participates in the program. The Houston options is another key element to County Solid Waste Department reducing the practice of open burning. determines the number of households Residents need feasible alternatives to in each municipality and bills the the long-standing habit of burning their municipalities quarterly. Each waste. Education about the hazards of municipality then bills its residents burning and even enforcement of open through utility billing or a tax levy. burning laws may not be sufficient to stop the practice of illegal burning if A separate fee schedule has been reasonable waste disposal options do not Houston County in Southeast Minnesota established to allow county businesses, exist. Those who have always burned offers a system of five supervised, which are not covered under the $2.50 their garbage may be hard to convince to fenced drop-off sites in strategically per month assessment, to dispose of stop if they suddenly have a large new located areas of the county to serve 14 tires, appliances and many other items bill for disposal every month. townships where organized collection of at these sites. refuse is not available. These sites are The costs for wages and benefits for In some areas, ordinances require the open Saturdays from 8 a.m. to 3 p.m. disposal site staff are covered by the use of garbage pick-up service. Garbage and from 10 a.m. to 6 p.m. at different county. Initial set-up and construction haulers offer a variety of options for locations on rotating days. Residents costs were paid for by a grant from the service, including senior discounts and who do not have collection service can MOEA and Houston County . This as-needed collection. In that service, dispose of their refuse at $1.50 for a initial grant was through the OEA’s residents purchase and use special bags 30-gallon bag and $2 for a 45-gallon Low-Tech grant program in the for garbage. The cost of disposal is bag. Recyclables are free to drop off. early 1990s. included in the price of the bag, so no In addition to these five supervised further charges are made for pickup. drop-off sites, Houston County has three Houston County also uses “Sentenced to Other haulers, such as those in Chisago unstaffed recycling sheds run by rural Service” crews to clean up abandoned County, MN have been willing to work townships. Recyclables are picked up by dumpsites. Members of the Sentenced to with county officials to offer discounted Houston County Recycling weekly or Service crews also volunteer to work at service for a time to those who agree to more often if needed. either the recycling center or the super- give up their burn barrels. vised drop-off sites in lieu of jail time or The five drop-off sites also serve as fines. In areas where curbside collection is not collection centers for problem materials Since installation of the rural collection practical or available, local transfer such as used appliances, car batteries, sites, the on-site disposal rate in Houston stations and recycling sheds are good tires, furniture, electronics such as TVs County has dropped by two-thirds and is options for offering residents alternatives and computers, carpeting, mattresses, now one of the lowest in the state. to burning. Hours of operation should demolition materials and ferrous and give residents a reasonable time to drop non-ferrous metal. There is no charge for Since 1991, Houston County’s rural off their waste. Education through residents to bring in these items for dis- waste drop-off sites have proven to be a newspaper ads, newsletters or materials posal. Aluminum is also redeemed at valuable resource to the community. Not available at the sheds about what items each site. only have they dramatically reduced the are acceptable at such locations can To encourage waste reduction and give amount of waste being dumped, burned encourage higher use. The location of the waste drop-off supervisors a chance and disposed of on-site but they also rural drop-off sites is also key to to better their hourly income, they are have created a social gathering place for changing behavior by making disposal given exclusive salvage rights to citizens. Houston County residents who options as convenient as possible. materials that come into their site bring their extra waste, problem materi- (except for tires and appliances). Some als, recyclables and other items to the For example, when WLSSD discovered of these items are resold at a local drop-off site often stay around to meet through public surveys that paper was center that employs disabled workers, their neighbors and catch up on local and at a “Twice-as-Nice” clothing and happenings. This was an unplanned but book store. This makes for a unique welcome benefit of the drop-off sites.

13 a county-wide ban on burning by all one of the most common items burned, Successful residents, and facilitating training for “mixed paper” (which includes junk Incentive Program local deputies and enforcement officers mail) was added to the materials (see Regulatory Tools section) accepted at the rural recycling sheds. Case Study It is one of the most common materials Some key things learned as a result of dropped off at those facilities. When the Chisago County “Burn this project that are important to note service began, announcements ran in Barrel Buy Back (4B’s)” include: township newsletters and in newspaper Program • While haulers were at first skeptical inserts, as well as in information about the program, they eventually available at the sheds. Recycling shed Chisago County covers 444 square miles realized the benefit to their business operators often report overflowing bins in east-central Minnesota and has a pop- and many actively promoted the of mixed paper, which may mean that ulation of approximately 45,000. In the program to attract new customers. more of the “odd” paper items that mid to late 1990s, Chisago County residents may have burned in the past began the “Burn Barrel Buy Back” • Much of the grant paid for the dis- are now being recycled instead of going Program to address the problem of back- counted garbage service incentive. up in smoke and releasing hazardous yard burning. With a $10,000 grant from Others interested in offering such a pollutants. the Minnesota Office of Environmental discount may be able to do so with- Assistance, the county was able to offer out incurring such a large cost by County and local waste disposal an innovative way for public and private working with their participating infrastructure should be carefully entities to collaborate to eliminate burn haulers who many times are willing scrutinized to look for ways service barrels at minimal cost to either party. to offer 1 to 3 months of free service could be improved. Local administrators for new subscribers alone. should look for gaps to improve rural The program offered a financial options to reduce the amount of waste incentive of six months of half price For more details about Chisago County’s that is burned. Good disposal options trash service in exchange for a burn Burn Barrel Buy Back Program, contact can reduce the amount of illegal barrel taken out of service. Half of this Gary Noren at 651-213-0450 or dumping as well as burning, helping cost was subsidized by trash haulers, 651-237-0836, or e-mail keep the local environment clean in who agreed to pick up burn barrels from [email protected]. more ways than one. new customers. The program was www.moea.state.mn.us/reduce/ appealing to trash haulers, many of burnbarrel-guide.cfm Incentive Programs which were already offering several months of free service to new customers, (excerpted from Battelle Alternatives to Even if good rural waste disposal because of the potential for new Burning Case Studies.) options exist, residents sometimes need customers and the publicity. a bit of extra enticement to use the services and get rid of their burn barrels. From 1996 to 1999, 170 households Incentives such as reduced cost garbage took advantage of the Burn Barrel Buy service, free burn barrel pick up or Back Program. Approximately disposal or other items for trade can be 13-percent of the population burned effective. Incentive options fit well with trash before the program. In 2004, an other aspects of burning reduction estimated 1,500 residents, or 3-percent programs. For instance, publicity of the current population, disposed of surrounding the chance to get something garbage by burning or burying. of value can provide good public education opportunities about the health The program was promoted by an exten- and safety hazards associated sive educational campaign that included with burning. news releases and advertisements in local newspapers, producing and making Disposal Deals available an 8-minute video titled “Waste Not, Burn Not” and setting up WLSSD mailed fact sheets explaining displays at local events. Inserts for coun- the dangers of burning garbage to ty property tax statements were created approximately 11,000 rural residents in and letters mailed to all residents with 2001. The fliers included a coupon for five or more acres of property. free disposal of a burn barrel at the local Associated efforts also involved passing Materials Recovery Center transfer station. The coupon did not provide an

14 incentive beyond free garbage service, Composters: In the fall of 2003, the Environmental Services Department of a but it was hoped that they would Washington Department of Ecology national office supply store chain agreed encourage greater disposal by residents began a burn barrel campaign in to provide coupons for discounted paper who had not known what they could do Bridgeport, a city of about 2,250 that shredders for workshop attendees, to act with their old barrels. Redemption rates had an excessive number of burn barrels as an example of possible future of the coupon were very low, but barrels compared to other cities in the region. programs. No large-scale trade-in are still accepted for free, and the Educational materials that described the program has yet been initiated, but the coupons, with no expiration date, are health effects of burning and presented response was encouraging. Other office still available in the community to alternatives to burning were mailed to supply stores may be interested in encourage the idea of proper disposal. residents. In the spring of 2004, the city, learning that one of their products can county and Department of Ecology help combat a serious pollution issue by Trade-In Programs co-sponsored a burn barrel collection offering an alternative to burning paper. event, led by city officials. The city Merchants may also appreciate the pub- Barrel for a Barrel: To encourage distributed flyers announcing the event. lic relations value of participating in residents to get rid of a liability like a The county provided bins, such a program. burn barrel and exchange it for an asset which residents received in exchange for like a rain barrel, the MPCA held an burn barrels. The Department of For more information, contact Gina exchange event at the WLSSD Materials Ecology staffed the event and paid for Temple-Rhodes at 218-740-4784 or Recovery Center in July 2005. Residents disposal of the forfeited burn barrels, [email protected] were required to sign a “No Trash which were crushed onsite and Burning” pledge (see example at right) transported to a . The event was See Appendix B for Possible Funding and bring in their actual burn barrel or a considered a success: 51 of the Sources to Support Education and photo of their burn pile in order to get a estimated 100 burn barrels in Bridgeport Incentive Programs. high quality rain barrel. Bayside were collected. The success of the Recycling, a local business, assisted with campaign has been attributed to the the exchange and offered pick-up service combined support of state, county and “No Trash Burning” from the elderly and disabled residents local governments. For additional details Pledge who were interested in exchanging their about outdoor burning in Washington barrels. Over 60 residents signed “no State, contact Jared Mathey of the I give my pledge to prevent the burning trash burning” pledges and were given Washington State Department of of trash on my property and to properly rain barrels. About 40 additional resi- Ecology, Central Regional Office, at dispose of the waste my household gen- dents who did not burn garbage but who (509) 454-7845 or erates through recycling, landfill dispos- were interested in rain barrels were [email protected] or visit the al and hazardous waste programs instead referred to the rain barrel program at the Department of Ecology Web site at of burning. City of Superior, Wisconsin Wastewater www.ecy.wa.gov/programs/air/ Treatment Plant. An additional exchange outdoor_woodsmoke/Outdoor_ I understand that the open burning of is being planned in a different location. Burning.htm. trash creates pollution, can cause health (excerpted from Battelle Alternatives to problems and has the potential to start Burning Case Studies) wildfires.

Paper Shredders: In a state-wide Therefore, I commit to preventing open survey conducted in 2004 by MOEA, burning of trash and carrying out its one of the materials listed as most often proper disposal. burned by rural residents was paper. Anecdotal evidence indicates that even ______environmentally-minded residents Name Date believe that burning white paper such as ______bank statements is a necessary security Community measure, and do not consider the environmental impacts of their actions. Shredding documents before recycling or disposing of them in the garbage is a much safer means of destruction. Before For more information, contact Joel the Open Garbage Burning: Preventable This pledge was used at the MPCA Peterson at the Minnesota Pollution Pollution Workshop for Local Officials Barrel for a Barrel event. Control Agency at 218-723-4898 or was held in Duluth in March 2005, the [email protected]

15 Resolution RESOLUTION: Regulatory Tools Resolved: WHEREAS backyard burning of garbage poses serious health, Regulation and enforcement are Minnesota environmental and wildfire risks, and necessary elements of eliminating Case Study open burning. Clear ordinances and reg- WHEREAS there are nine garbage ulations will assist residents and law haulers operating in Chisago County enforcement officials in understanding As described earlier, the Chisago County providing residential and commercial exactly what is legal to burn. Solid Waste staff embarked on a “Burn garbage service throughout the entire Barrel Buy Back Program” in the mid county, now A comprehensive enforcement plan 1990s. This program included incentives includes confirming, understanding or of reduced cost garbage service to local THEREFORE BE IT RESOLVED that creating regulation, educating the public, residents who agreed to give up their the Chisago County Board of educating the enforcement officials on burn barrels and educational material Commissioners hereby declare that the regulations and hazards, and including an garbage service is available throughout ultimately empowering enforcement 8-minute video discussing common the county. It is understood that this officials to educate the public about the misconceptions about garbage burning. declaration makes on-site disposal of hazards of open burning while enforcing garbage illegal in Chisago County. the regulations. Examples of education Initially, there was no regulation requir- and enforcement procedures are included ing residents to forfeit their burn barrels. later in this section. A volunteer Committee On Recycling Signed, Education (CORE) helped the county Chair of Chisago County Board of Laws related to open burning vary approach and educate the County Board Commissioners between Lake Superior States. Included of Commissioners. It took three years in this Toolkit is information about for the board to pass a resolution against Minnesota, Michigan and Wisconsin. trash burning in the county. Their cause was finally bolstered by showing the educational video, which had been Reducing open burning narrated by the County Administrator. via local ordinances and Following the 1996 resolution, resolutions enforcement by a conservation officer played a key role in the success of All around the Great Lakes states, local Chisago County’s efforts to ban trash and county ordinances are key to burning. The conservation officer also reducing the amount of open burning assisted in training the sheriff's depart- that occurs in rural areas. A local ment, which shares enforcement ordinance can serve as an education tool, authority. as well as address local needs and provide enforcement authority. The resolution was simply worded, yet Government leaders may choose to has been effective. Combined with prohibit or regulate burning of materials education of the local law enforcement that the state regulations don’t address. officials about the new, clear rule, this For example, a state’s regulations may regulatory tool is very effective in ban burning garbage, rubber and reducing the amount of on-site garbage plastics, but they may not specifically disposal in Chisago County. address burn barrels. In that case, a local ordinance could require a local permit for burn barrels or it could prohibit them entirely. A local ordinance enables the fire department or other local authorities to directly respond to citizen complaints about illegal burning. Offering waste disposal alternatives and education about the hazards of open burning is not always enough. Local restrictions and penalties provide an additional tool. Model ordinances are available for many different jurisdictions. In 2003, the

16 Wisconsin Department of Natural Resources initiated an extensive stakeholder involvement effort related to open burning and backyard dumping. One major recommendation was that the WI DNR develop a model ordinance containing suggestions and options for The garbage local governments to regulate open burning in their communities. you burn The model ordinance was prepared to assist Wisconsin counties, cities, villages and towns in adopting local regulations related to outdoor burning. The model releases is intended to assist these units of government in enacting their own ordinances. Under the Wisconsin model, dioxins municipalities may pick and choose from among the suggested provisions to meet their particular needs. The only that end up constraint is that a municipality may not enact an ordinance that is less stringent than state law. in the food we eat. The Wisconsin Department of Natural Resources has shared its model ordinance concept with neighboring states as well as Wisconsin towns. The model represents a valuable tool for developing regulations in many towns around the Great Lakes.

The “Model Ordinance for Outdoor Burning, Open Burning and Burning of Refuse: A guide for Wisconsin Counties, Cities, Villages and Towns” includes 15 sections from “General Prohibition on Outdoor Burning and Refuse Burning” And believe me, to “Right of Entry and Inspection” and you don’t want this “Enforcement and Penalties”. The model includes a complete example ordinance garbage inside you. for a fictitious town in Wisconsin, to show municipalities what a successful end product may look like after they consider all available alternatives.

The entire Model Ordinance document is available at dnr.wi.gov/org/caer/ce/ob/model Ordinance.htm

17 outlined in the letter. This will Enforcement Case include removal and proper disposal Study of the burn barrel and/or remnant ash and burned materials. Deputy Bill Gombold is the Environmental Enforcement Deputy in 5. Resident must complete all St. Louis County, a county of 6,860 cleanup procedures, show receipts square miles in Northeastern Minnesota. proving proper disposal and call His position is funded jointly by the Deputy Gombold by the date provid- Western Lake Superior Sanitary District ed in the plan. and the St. Louis County Solid Waste Department and Sheriff’s Department, 6. A follow-up visit is performed by based in Virginia, MN. Deputy Gombold Deputy Gombold to check for proper collaborates with those entities to compliance. enforce environmental regulations and 7. If all provisions have been met, the follow up on complaints. These duties officer will take appropriate action to include investigating and assembling get the charge(s) dismissed and resi- case files and cleanup plans for residents dent will be notified by phone or by who have been reported for burning mail. garbage or other prohibited materials as well as other environmental violations. 8. If a resident has not met all provi- sions in the time frame indicated, In rural St. Louis County, concerned res- then Deputy Gombold decides if a idents can call the non-emergency coun- time extension is granted for ty dispatch phone number to report a cleanup/compliance or the case file burning situation and request that a with citation(s) should be forwarded deputy call them back. If Deputy to the court system, requiring a court Gombold is available, he will call, other- appearance by the resident. wise a regular patrol deputy will. If time allows, deputies visit the property of the The procedures are meant to encourage alleged burning offender and look for clean-up and change of behavior, not the signs of garbage burning. If the deputies actual collection of fines or court find evidence of illegal burning, the fol- appearances. The responsibility for lowing procedure is followed: clean-up is placed upon the property owner, not the county officials. 1. Visit scene where unlawful burn is Education about the hazards of burning in progress. Resident is advised of as well as the enforcement of the regula- the violation of state statutes and haz- tions is included throughout the process. ards of open burning. Unlawful fire is immediately extinguished by property See Appendix C for a sample of St. owner or by the local fire department Louis County and Chisago County com- if necessary, depending upon the size pliance letters. of the fire. Even in St. Louis County, new deputies 2. If the burn is no longer in progress, and others not involved with environ- gather evidence from the unlawful mental enforcement may be unaware of burn area. Photos or remnants of the the state’s burning regulations. Simple fire such as partially burned plastics training sessions or fact sheets can be or other materials are sufficient. useful. In St. Louis County, fact sheets 3. Send burn violator a cleanup/com- will be distributed to new deputies by pliance letter that includes a copy of the County Solid Waste Department. the state statutes and additional mate- See Appendix C for an example. rial about the hazards of burning. A citation for the unlawful burning will Chisago County solid waste officials be included. spoke at a workshop for their local sher- iff’s department to update them on their 4. A Clean-up/Compliance plan is county’s current law relating to burning.

18 Exemption Challenges regulations. If the report concerns Minnesota: burning within city limits, local fire Closing the Gaps Even though both statutes discuss departments manage enforcement and situations where residents can still burn education of those burning. Fines and corrective action vary by area, but can The Law waste on-site, between the list of prohibited materials and specific include up to a $700 fine or a court circumstances under which burning is summons. Residential garbage burning in burn allowed, the reality is that garbage barrels, fire pits, etc., has been illegal in burning still is mostly prohibited. Legal Burning Minnesota since 1969. In addition to that Unfortunately, other statutory main ban, two key statutes exist that exemptions (see “Farmer Exemption” Vegetative material such as leaves, brush specify exemptions and prohibited below) create additional problems for and untreated wood may be legally materials relating to residential garbage counties wishing to change behavior and burned in Minnesota unless restricted by burning in Minnesota. reduce residential garbage burning. local ordinance. Open burning permits Even though Minn. Stat. 88.171 are required when the ground is not Minn. Stat. 88.171 Section 27, Subd. 8 provides an avenue for county boards to snow covered and the resident wishes to (Open Burning Prohibitions) addresses approve residential garbage burning for burn between the hours of 8 a.m. and 6 burning of prohibited materials such as residents who do not have regularly p.m. Permits are not required if the , garbage and hazardous scheduled garbage pickup, it only allows resident plans to burn in an approved wastes. Subdivisions 1 - 10 detail the materials relating to food management burner between the hours of 6 p.m. and specific materials that are prohibited (which would only be a portion of a 8 a.m. Permits also are not required if and may not be burned in Minnesota. resident’s waste). In addition, regardless the resident will be burning in a Subdivision 8 specifically addresses of whether or not a waste item was the campfire, grill or camp stove. Permits “garbage.” result of food management, materials are issued by volunteer fire wardens in like plastic (which make up a significant the community, as well as at DNR This statute text also states that “A part of food management waste) would forestry offices. county may allow a resident to conduct still not be eligible to be burned. Coated open burning of material…that is paper and other packaging materials that For more information about burn permits generated from a resident’s household have been chemically treated would also in Minnesota, contact the MN DNR or if the county board by resolution be banned from burning under the visit www.dnr.state.mn.us/forestry/fire/ determines that regularly scheduled prohibited items list. questions.html. pickup of the material is not reasonably available to the resident.” Farmer Exemption Please see an example of a fact sheet for Burn Permit Holders in the Education Minn. Stat. 17.135, the Department of Section. Agriculture’s section on Farm Disposal This statute creates the most confusion of Solid Waste, covers the specifics and difficulty when it comes to clearly relating to farming operations and open understanding who can burn, who can’t, burning or burying of municipal solid what can be burned, etc. Minn. Stat. waste. This statute offers an additional 17.135 allows farmers to burn or bury exemption to Minnesota’s ban on their waste on their farmland if the garbage burning, and allows a “person burying is done in a “nuisance free, who owns or operates land used for pollution free, and aesthetic manner” farming” to bury or burn household and only if the county board has not waste “if the burying is done in a passed a resolution stating that garbage nuisance free, pollution free and service is reasonably available at the aesthetic manner on the land used for person’s farm. This is a difficult statue farming.” This exemption does not apply to interpret, since the “pollution free” “if regularly scheduled pickup of solid manner only technically applies to the waste is reasonably available at the burying option. It is not possible to burn person’s farm, as determined by most garbage without creating pollution resolution of the county board.” such as dioxin, furans, etc. For full Statute Text, see www.moea.state.mn.us/reduce/ Enforcement burnbarrel.cfm MN DNR conservation officers and county sheriff’s deputies can issue citations for violations of open burning

19 Highlights and Challenges

Currently, 28 counties in Minnesota have passed resolutions stating garbage service is reasonably available to residents. Many times, counties have difficulty passing a “no burn” resolution All garbage because officials do not have a clear understanding of the health and environmental problems associated with burn barrels, because they releases toxic themselves burn, or because of perceived concerns over potential backlash from residents who believe it is chemicals when burned. their right to burn. It is important to have a clear law that Even paper. says all garbage burning is illegal. Enforcing laws against burning is easier for regulatory officials such as county solid waste officials, police or conservation officers when all burning of in a county is banned without exception and there is no question or doubt in the mind of those who are in charge of enforcing residential garbage burning issues. Also, many residents who are allowed to burn or bury their household waste because of the statute may also use this method to dispose of banned materials such as batteries, shingles, plastic, etc. Uniform regulation through a “no-burn” resolution makes it much more difficult for people to dispose of these banned Well, that materials in an inappropriate manner such as burning or burying them. explains my Working with these and other local indigestion. enforcement officials is key to a successful reduction campaign along with education, incentives and infrastructure elements. For more information

Visit www.moea.state.mn.us/reduce/ burnbarrel.cfm or contact: Mark Rust, Minnesota Office of Environmental Assistance Local Government Assistance 520 Lafayette Road N. St. Paul, MN 55155-4100 651-215-0198, [email protected]

20 Legal Burning Fire prevention ads and public service Wisconsin: announcements often contain a Encouraging Local A state burn permit for fire prevention is component related to , not Ordinances required in designated areas of the state burning illegal materials and finding when the ground is not snow covered. better alternatives than burning. The WI DNR has also produced a video on The Law State air pollution and solid waste approvals for open burning of waste DVD and VHS entitled “Open Burning materials are required unless the burning – A Tradition to Discard.” The WI Open burning and burn barrels fall is exempt under state regulations. Local DNR’s education strategy is to teach within the jurisdiction of the Wisconsin municipal burning permits are at the citizens about the health and Department of Natural Resources (WI option of the municipality. They are environmental hazards of open burning DNR) in the Forestry, Air Management commonly required in urban areas. as well as about the laws regarding and Waste Management programs. Open illegal materials. Integration among the burning is regulated by Wisconsin’s fire Burning trees, limbs, brush and yard air pollution, solid waste and fire prevention, air pollution and solid waste waste is allowed on the same property prevention programs has been very rules. See chapters NR 30, s. NR 429.04 where the material is generated. For important for this issue. and s. NR 502.11, Wisconsin clean wood and yard waste, single Administrative Code (regarding fire pre- family households don’t require state For more information vention, air pollution and solid waste approval, but generally businesses do. rules, respectively). (See specifics in the regulations.) Burn Visit www.dnr.wi.gov/org/caer/ce/ob/ barrels aren’t illegal in Wisconsin, but or contact: Open Burning is restricted in Wisconsin they are most often used to burn illegal Kevin Kessler, by administrative rules. It is illegal to materials. Open Burning Team Leader burn rubbish, garbage, oily substances, Wisconsin Department of Natural asphalt, plastic, painted wood, treated Resources wood and products separated for Highlights Box 7921 recycling. There are exceptions to allow Madison, WI 57307-7921 burning of clean unpainted wood, trees, One strength of the Wisconsin program 608-266-5207 brush and yard waste on the same is the integration among the air, solid [email protected] property where it’s generated (businesses waste, fire prevention and information require an approval). Local ordinances programs within the WI DNR on this may be more restrictive, and are issue, including a cross-program Web encouraged to supplement state law. site. This has allowed pooling of The WI DNR has a model ordinance resources and consistent messages. available for local municipalities. Leaf burning in urban areas is highly Enforcement controversial in some communities. Outdoor wood-fired boilers also cause numerous citizen complaints (although The WI DNR can issue a citation for they’re not technically “open burning” burning without a fire control permit under Wisconsin law). Burn barrels can when required. Fire control permits be controversial in some areas, but are work effectively, and fines are easily commonly accepted in many rural areas assessed for not having a burning permit even though their use for burning when one is required. Enforcement for garbage is illegal. Burning agricultural burning illegal materials is very difficult. plastic films such as plastic silage bags It requires a referral to the state Attorney is an emerging issue. General and bringing a case to court. Those types of cases are reserved for the most significant violations. Burning Educating the Public and household garbage is illegal, but there is Officials little formal enforcement. Normally, someone burning garbage will be The WI DNR maintains a Web site on warned if a complaint is received. open burning and has numerous publications available electronically on its Web site (see below for Web address). Local ordinances are encouraged through a model ordinance.

21 Local governments may require that a For more information Michigan: Local permit be obtained for burning in a burn Enforcement barrel, but it is not required by state law. Visit www.michigan.gov/deqair (select "Open Burning Information"), or The Law State rules don't provide a list of contact: materials that cannot be burned. Rather, James Ostrowski In Michigan, open burning is regulated they only allow certain materials to be Clean Air Assistance Program under R 336.1310 of the Michigan Air burned. If the rules don't allow the mate- Michigan Department of Pollution Control Rules and R rial to be burned, it cannot be burned. Environmental Quality 299.4128(3) of the Solid Waste Rules. Materials that can be burned include P.O. Box 30457 These rules are administered by the solid waste from a family dwelling in an Lansing, MI 48909 Michigan Department of Environmental approved container, as long as it is not Phone: 517-241-8057 Quality (DEQ) Air Quality Division and prohibited by local ordinance and does Fax: 517-335-4729 the Waste and Hazardous Materials not create a smoke or odor nuisance. E-mail: [email protected] Division, respectively. Open burning is also regulated by the Michigan Highlights Department of Natural Resources (MI DNR), under Part 515 of the Natural Two of Michigan's strengths include Resources and Environmental good educational material and several Protection Act. regulations that restrict open burning (open burning is regulated under Enforcement Michigan’s solid waste, air quality, and forest management rules). A weakness is The DEQ does not regulate open the lack of resources to enforce burning at residential sources. It is up to residential open burning issues. The local governments to regulate open state must rely heavily on local burning at these sources. However, the governments to enact and enforce DEQ does regulate any open burning ordinances locally. The DEQ is in the done at commercial sources, which in process of developing a "Model Open most cases is prohibited. The DNR is Burning Ordinance" that local responsible for issuing burn permits in governments may use, similar to the Northern Michigan as well as enforcing one developed by the Wisconsin any open burning regulations pertaining Department of Natural Resources. to forest fire prevention. Educating Residents Since the DEQ does not usually regulate and Enforcers open burning at the residential level, local government ordinances play a vital The DEQ has developed several fact role in restricting open burning. Local sheets and brochures that explain ordinances may be more stringent than Michigan's open burning regulations state regulations, but they may not be and alternatives. less restrictive. Legal Burning

The DNR issues burn permits in Northern Michigan for any open burning done outside of a burn barrel when the ground is not snow covered. Burn permits are issued by local government in Southern Michigan (see www.michigan.gov/dnr/0,1607, 7-153-10367_11851-55945--,00.html for a listing of where to obtain a burn permit).

22 environmental education and outreach Successful program included a popular cartoon strip Case Studies focusing on the negative impacts of improper waste management practices Education, enforcement and providing (e.g., open dumping and burning). The good waste disposal options and cartoons were published in reservation incentives are all essential parts of an newspapers for several weeks. effective program to reduce the hazardous and outdated practice of open In 2002, the St. Regis Mohawk Tribe burning. The following case studies Environment Division issued a tribal were collected by Battelle in Columbus, burn regulation that prohibits trash Ohio under contract with the U.S. EPA. burning except as allowed by permit. These two studies represent a small The Environment Division may issue sample of the information available permits to burn yard waste or land- regarding burn barrel reduction clearing materials. The regulation is programs across the country, but are enforced by the police department, good examples that successfully which may issue a warning or a integrate many different program municipal ticket for violations. No elements. For additional “Alternatives tickets have been issued as a result of to Open Burning” Case Studies, visit the regulation. Residents have complied www.epa.gov/msw/backyard. after being informed of the regulation. Residents are encouraged to report illegal burning to the Environment Akwesasne, Division or the police department. New York, St. Regis Prior to the regulation, an estimated Mohawk Tribe 50-percent of community residents burned trash. Since the regulation, Cartoons, Codes and complaints by community members have Construction decreased and burn barrels have been removed from the premises of residents. Akwesasne, located in the northern most Informing residents of the impact of part of New York State and bisected by burn barrels on the health of their the United States/Canada border, is a families (particularly asthma) was Mohawk Territory community of reported to be a major factor in approximately 10,000 people. The U.S. changing behavior. portion of the tribe covers approximately 14,000 acres (22 square miles). Solid waste collection in Akwesasne Akwesasne is divided into the St. Regis began simultaneously with the Mohawk Tribe and the Mohawk Council implementation of the burn regulation. of Akwesasne, governed by the Mohawk Roadside trash pickup is available for $2 Nation Council of Chiefs. per bag, and a recycling depot accepts recyclables free of charge. A new solid The St. Regis Mohawk Tribe waste transfer station opened in 2005. Environment Division began efforts to Residents and haulers can bring their reduce solid waste and to educate garbage and recyclables to the transfer residents about the negative impacts of station for a fee. The transfer station backyard burning in 1995. From 1995 to functions as a holding area for garbage 1999, with grants from the U.S. EPA, and recyclables, which are loaded into the St. Regis Mohawk Tribe presented tractor-trailers and shipped to a regulated educational demonstrations to residents, landfill for disposal or to a recycling began planning for a transfer station and facility for processing. materials recovery facility, completed a solid waste management plan, drafted Funding for construction of the transfer solid waste codes and regulations and station was provided by the U.S. developed an environmental education Department of Housing and Urban and outreach program. The Tribe’s Development, the U.S. Department of

23 Agriculture, the Indian Health Service, waste. NWSWD estimated costs enforcement and education work, a and the U.S. EPA. The primary associated with the ordinance are follow-up road survey was conducted motivation for constructing the transfer $12,000 for fiscal year 2003, $20,000 and each place that was known to have station was to reduce open dumping on for fiscal year 2004, and $15,000 for a burn barrel was visited. This follow-up the tribe’s fairly limited amount of land. fiscal year 2005 (budgeted). These costs survey showed that most burn barrels include programs for recycling and had been removed and that most of those For more information, contact Angela preventing , as well as still present were not in use and had not Benedict Dunn, Air Quality Program eliminating open burning. An estimated been used for some time. Manager, St. Regis Mohawk Tribe one-third of the costs given above are Environment Division, at 518-358-5937 directed toward burning issues At every chance, enforcement officers or [email protected] (e.g., $5,000 in fiscal year 2005). spoke with residents about the dangers or visit the Environment Division Web of burning. For instance, if a burn barrel site at www.srmtenv.org/index.html. A Enforcement activities for the illegal was observed at a residence or business summary of the St. Regis Mohawk burning and dumping ordinance began in and there was someone in the yard, the Tribe’s early waste management efforts July 1998 using existing NWSWD staff. enforcement officer would stop to talk (1995 to 1999) can be found at In June 1999, Franklin County and with that person regardless of whether www.epa.gov/tribalmsw/thirds/ Grand Isle County sheriffs were the barrel was being used at the time or stregis2.htm. contracted to provide additional not. These informal chats were always enforcement. NWSWD also encourages friendly and educational, and worked residents to report information on illegal very effectively in getting NWSWD’s Northwest Vermont dumping or burning activity. Active message out to the public. Solid Waste District enforcement began in 2000, including timely responses to complaints, patrols During July 2001 to June 2002, Surveys and Services seeking illegal activity, written and NWSWD received a grant from the verbal warnings, and violations for Vermont Agency of Natural Resources to The Northwest Vermont Solid Waste repeat offenses. Initial warnings are conduct a burn barrel survey in Franklin Management District (NWSWD) is educational in nature. Officers explain County and to actively enforce the comprised of 13 member towns the issues with open burning, and NWSWD ordinance. From March 2003 throughout Franklin and Grand Isle provide educational materials. A to March 2004, NWSWD received a Counties of Northwest Vermont. municipal fine of $75 may be issued for second grant from the Vermont Agency Franklin County covers 637.1 square repeat offenses. Only one such violation of Natural Resources to evaluate barrel miles and had a population of 46,694 in has been issued for illegal burning since burning in Franklin County, to increase 2002. Next to Franklin County, on Lake NWSWD’s ordinance was implemented. outreach and education in Grand Isle Champlain, Grand Isle County has 82.6 County, and to conduct a burn barrel square miles in land area and a popula- Prior to enforcement, NWSWD survey in Grand Isle County. Results of tion of 7,333 (in 2002). used several methods of outreach to the 2001-2002 survey of Franklin inform residents of the ordinance County showed that 8-percent of Under the laws of the state, NWSWD (newspapers, newsletters, town meet- households were potential trash burners, has the authority to manage and regulate ings, flyers, radio messages, etc.). and 656 residential and business the collection, storage, transportation, NWSWD also recruited support from properties were found to have one or , recycling and other local officials to discourage more visible burning barrels or pits. disposal of solid waste generated within burning, such as town councils, fire Of the 656 burning devices discovered the district. NWSWD operates with a departments and health officers. in Franklin County, all but 35 have been budget of approximately $400,000 per However, NWSWD did not stop at verified as removed or inactive – a year. In 1998, NWSWD enacted an providing education and enforcement, decrease of 95-percent. The 35 illegal burning and dumping ordinance but took proactive steps to look for properties that continue to burn have to “protect public health and safety and burn barrels and log their existence. been placed on a priority list for to promote responsible use of resources NWSWD used active patrols to count investigation. and protection of the environment.” The and log the number of burn barrels in the ordinance requires every person who area. The NWSWD area is not too large NWSWD does not collect trash for generates solid waste within the district geographically, making it relatively easy member town residents but provides to separate recyclables from solid waste to use local tax maps and 911 maps to information about waste reduction, and to set the recyclables and remaining plot routes and ensure that each road recycling, household hazardous products solid waste in a designated area for was observed for burning activities. and proper disposal options to help collection by a hauler or to deliver such Each barrel, whether in use or not, was residents reduce waste. An estimated waste to a facility that is legally logged along with every and 75-percent of residents contract with a authorized and permitted to accept such outdoor “furnace”. After a year of private hauler for curbside pickup.

24 NWSWD operates five drop-off facilities for residents of Franklin County. These facilities accept both bagged trash and recyclables with the following fee structure: $3.50 for one bag of trash (no recycling); $2.50 for one bag of trash (up to 32 gallons) and recyclables (one paid bag of trash allows up to 64 gallons of free recycling); $1.50 A burn barrel for up to 32 gallons (4 paper bags) of recyclables alone. One other drop off facility and two full-service transfer releases more stations that are not operated by NWSWD are also available to NWSWD residents for trash disposal toxins from and recycling.

NWSWD’s outreach efforts on open burning are ongoing. For example, garbage than updates on open burning are published in a NWSWD newsletter four times a year, and articles on open burning are a municipal incinerator. published in local newspapers about 2-3 times a year. A forum on open burning, entitled “Public Health and Environmental Dangers Associated with Trash Burning,” organized by the Department of Environmental Conservation, was held on May 17, 2004. More information and presentations from this forum can be found at: www.anr.state.vt.us/air/htm/ OpenBurnForumPresentations.htm.

For additional details, contact Michael Loner, project specialist at Northwest Guess I don’t Solid Waste Management District, at (802) 524-5986 or know my own [email protected]. strength.

25 Appendix A: Sample News Release

WLSSD Introduces ‘Bernie the Burn Barrel’ in new public education campaign to reduce toxins spread from open garbage-burning

- more -

Appendix A: Sample Newsletter Text Appendix B: Possible Funding Sources

Note: These organizations are not endorsed by WLSSD or EPA-GLNPO and merely represent a sampling of possible sources for funding for burn barrel related projects.

29

Appendix C: Enforcement Education Tools

ZIP Appendix C: Enforcement Education Tools

Appendix C: Enforcement Education Tools

Appendix D: Wisconsin’s Model Ordinance wood, propane or natural gas in Example cooking or grilling appliances. Ordinance 2.2. This ordinance does not apply to (For a fictitious rural and suburban town burning in a stove, furnace, fireplace in Wisconsin with a volunteer fire or other heating device within a build- department and a population of 2600) ing used for human or animal habita- tion unless the material being burned EXPLANATION OF THIS EXAMPLE includes refuse as defined in Section 4 ORDINANCE: of this ordinance. Following is an example of what a 2.3. This ordinance does not apply to local ordinance might look like for a the use of propane, acetylene, natural rural town. This is not an actual ordi- gas, gasoline or kerosene in a device nance. The Town of Forward is ficti- intended for heating, construction or tious. The Model Ordinance in Part II maintenance activities. of this publication contains numerous alternatives for municipalities to con- SECTION 3: SEVERABILITY sider and detailed explanations of the 3.00 Severability. Should any portion various provisions and alternatives. of this ordinance be declared unconsti- As a result, at first glance the Model tutional or invalid by a court of com- Ordinance in Part II may appear to be petent jurisdiction, the remainder of overly lengthy and complex. This this ordinance shall not be affected. "Example Ordinance” has been included to show municipalities what SECTION 4: DEFINITIONS a shorter end product might look like. 4.00 Definitions. Municipalities are urged to not use 4.1. "Campfire" means a small out- this example directly because it would door fire intended for recreation or not allow them to consider all the cooking not including a fire intended alternatives in the Model Ordinance for disposal of waste wood or refuse. and to select the alternatives that best 4.2. "Clean Wood" means natural meet their needs. wood that has not been painted, var- nished or coated with a similar materi- Contact the Wisconsin DNR or visit al, has not been pressure treated with dnr.wi.gov/org/caer/ce/ob/model preservatives and does not contain Ordinance.htm for complete text. resins or glues as in plywood or other composite wood products. Outdoor and Refuse Burning 4.3. “Confidential papers” means Ordinance for the Town of Forward. printed material containing personal Ordinance No. _ 3-A-2005_____ identification or financial information that the owner wishes to destroy. SECTION 1: PURPOSE 4.4 “Fire Chief" means the Chief of 1.00 Purpose. This ordinance is the Town of Forward Volunteer Fire intended to promote the public health, Department or other person authorized safety and welfare and to safeguard by the Fire Chief. the health, comfort, living conditions, 4.5. "Outdoor Burning" means open safety and welfare of the citizens of burning or burning in an outdoor the Town of Forward, Victory County, wood-fired furnace. Wisconsin due to the air pollution and 4.6. "Open Burning" means kindling fire hazards of open burning, outdoor or maintaining a fire where the prod- burning and refuse burning. ucts of combustion are emitted direct- ly into the ambient air without passing SECTION 2: APPLICABILITY through a stack or a chimney from an 2.00 Applicability. This ordinance enclosed chimney. applies to all outdoor burning and 4.7. "Outdoor Wood-fired Furnace" refuse burning within the Town of means a wood-fired furnace, stove or Forward. boiler that is not located within a 2.1. This ordinance does not apply to building intended for habitation by grilling or cooking using charcoal, humans or domestic animals.

36 4.8. "Refuse" means any waste mate- board, container board, office paper rial except clean wood. and other materials that must be recy- cled in accordance with the recycling SECTION 5: GENERAL PROHIBI- ordinance except as provided in TION ON OPEN BURNING, OUT- Section 11 of this ordinance. DOOR BURNING AND REFUSE SECTION 7: OPEN BURNING OF BURNING LEAVES, BRUSH, CLEAN WOOD 5.00 General prohibition on outdoor AND OTHER VEGETATIVE DEBRIS burning and refuse burning. Open 7.00 Burning leaves, brush, clean burning, outdoor burning and refuse wood and other vegetative debris. burning are prohibited in the Town of Open burning of leaves, weeds, Forward unless the burning is specifi- brush, stumps, clean wood other vege- cally permitted by this ordinance. tative debris is allowed only in accor- dance with the following provisions: SECTION 6: MATERIALS THAT 7.1. All allowed open burning shall MAY NOT BE BURNED be conducted in a safe nuisance free 6.00 Materials that may not be manner, when wind and weather con- burned. ditions are such as to minimize 6.10 Unless a specific written adverse effects and not create a health approval has been obtained from the hazard or a visibility hazard on road- Department of Natural Resources, the ways, railroads or airfields. Open following materials may not be burned burning shall be conducted in confor- in an open fire, incinerator, burn bar- mance with all local and state fire pro- rel, furnace, stove or any other indoor tection regulations. or outdoor incineration or heating 7.2. Except for barbecue, gas and device. The Town of Forward will not charcoal grills, no open burning shall issue a permit for burning any of the be undertaken during periods when following materials without air pollu- either the Fire Chief or the Wisconsin tion control devices and a written Department of Natural Resources has copy of an approval by the issued a burning ban applicable to the Department of Natural Resources. area. 6.11. Rubbish or garbage including 7.3. Open burning shall be conducted but not limited to food wastes, food only on the property on which the wraps, packaging, animal carcasses, materials were generated or at a facili- paint or painted materials, furniture, ty approved by and in accordance with composite shingles, construction or provisions established by the demolition debris or other household Department of Natural Resources and or business wastes. the Fire Chief. 6.12. Waste oil or other oily wastes 7.4. Unless explicitly allowed else- except used oil burned in a heating where in this ordinance, a commercial device for energy recovery subject to enterprise other than an agricultural or the restrictions in Chapter NR 590, silvicultural operation may open burn Wisconsin Administrative Code. only at a facility approved by and in 6.13. Asphalt and products contain- accordance with provisions estab- ing asphalt. lished by the Department of Natural 6.14. Treated or painted wood Resources and the Fire Chief. including but not limited to plywood, 7.5. Open burning of weeds or brush composite wood products or other on agricultural lands is allowed if con- wood products that are painted, var- ducted in accordance with other appli- nished or treated with preservatives. cable provisions of this ordinance. 6.15. Any plastic material including 7.6. Fires set for forest or wildlife but not limited to nylon, PVC, ABS, habitat management are allowed with polystyrene or urethane foam, and the approval of the Department of synthetic fabrics, films and containers. Natural Resources. 6.16. Rubber including tires and syn- 7.7. Outdoor campfires and small thetic rubber-like products. bonfires for cooking, ceremonies or 6.17. Newspaper, corrugated card- recreation are allowed provided that

37 the fire is confined by a control device to burn any of the prohibited materials or structure such as a barrel, fire ring listed in Section 6 of this ordinance or fire pit. Bonfires are allowed only if and may only be used in accordance approved by and in accordance with with the provisions of Section 7 of provisions established by the Fire this ordinance. Chief. 8.2. The burn barrel shall be located 7.8. Burning of trees, limbs, stumps, at least 250 feet from the nearest brush or weeds for clearing or mainte- building that is not on the same prop- nance of rights-of-way is allowed if erty as the burn barrel. approved by the Fire Chief and if in 8.3. The burn barrel shall have vent accordance with other provisions of holes above the ash line for combus- this ordinance. tion air and shall be covered with a 7.9. Burning in emergency situations heavy wire screen. such as natural disasters is allowed if 8.4. The burn barrel shall not serve a approved by the Department of business. Natural Resources. 8.5. The owner of the burn barrel 7.10. Open burning under this Section shall obtain an annual permit from the shall be conducted only following Fire Chief in accordance with Section issuance of and in accordance with a 12 of this ordinance. permit issued under Section 11 of this ordinance. SECTION 9: OUTDOOR WOOD- 7.11. Except for campfires, open FIRED FURNACES burning under this section shall only 9.00 Outdoor wood-fired furnaces. be conducted at a location at least 250 An outdoor wood-fired furnace may feet from the nearest building that is be used in the Town of Forward only not on the same property. in accordance with the following 7.12. Except for campfires and per- provisions: mitted bonfires, open burning shall 9.1. The outdoor wood-fired furnace only be conducted from the hours of shall not used to burn any of the noon and 6 p.m. prohibited materials listed in Section 6 7.13. Open burning shall be constant- of this ordinance. ly attended and supervised by a com- 9.2. The outdoor wood-fired furnace petent person of at least eighteen (18) shall be located at least 500 feet from years of age until the fire is extin- the nearest building which is not on guished and is cold. The person shall the same property as the outdoor have readily available for use such fire wood furnace. extinguishing equipment as may be 9.3. The outdoor wood-fired furnace necessary for the total control of the shall have a chimney that extends at fire. least 15 feet above the ground surface. 7.14. No materials may be burned The Fire Chief may approve a lesser upon any street, curb, gutter or side- height on a case-by-case basis if nec- walk or on the ice of a lake, pond, essary to comply with manufacturer stream or waterbody. recommendations and if the smoke 7.15. Except for barbecue, gas and from the lower chimney height does charcoal grills, no burning shall be not create a nuisance for neighbors. undertaken within 25 feet from any combustible material, combustible SECTION 10: FIRE DEPARTMENT wall or partition, exterior window PRACTICE BURNS opening, exit access or exit unless 10.00 Fire department practice burns. authorized by the Fire Chief. Notwithstanding sections 5 and 6 of this ordinance, the Town of Forward SECTION 8: BURN BARRELS Volunteer Fire Department may burn a 8.00 Burn barrels. standing building if necessary for fire A burn barrel may be used in the fighting practice and if the practice Town of Forward only in accordance burn complies with the requirements with the following provisions: of the Department of Natural 8.1. The burn barrel shall not be used Resources.

38 SECTION 11: EXEMPTION FOR with all applicable provisions of this BURNING CERTAIN PAPERS ordinance and any additional special 11.00 Exemption for burning certain restrictions deemed necessary to pro- papers. tect public health and safety. 11.1. Notwithstanding Subsection 12.7. Any violation of the conditions 6.17 of this ordinance, paper and card- of a burning permit shall be deemed a board products may be used as a violation of this ordinance. Any viola- starter fuel for a fire that is allowed tion of this ordinance or the burning under this ordinance permit shall void the permit. 11.2. Small quantities of confidential papers from a residence may be SECTION 13: LIABILITY burned if necessary to prevent the 13.00 Liability. A person utilizing or theft of financial records, identifica- maintaining an outdoor fire shall be tion or other confidential information. responsible for all fire suppression 11.3. Confidential papers from a com- costs and any other liability resulting mercial enterprise shall be shredded or from damage caused by the fire. destroyed in a manner other than burning. SECTION 14: RIGHT OF ENTRY 11.4. A fire set for burning of a small AND INSPECTION quantity of confidential papers shall 14.00 Right of entry and inspection. be subject to and comply with The Fire Chief or any authorized offi- Subsections 7.1-7.3, 7.6, and 7.11- cer, agent, employee or representative 7.15 of this ordinance. of the Town of Forward Volunteer Fire Department or the Town of Forward SECTION 12: BURNING PERMITS who presents credentials may inspect 12.00 Burning Permits. any property for the purpose of ascer- 12.1. No person shall start or main- taining compliance with the provisions tain any open burning without a burn- of this ordinance. Note: If the owner ing permit issued by the Town of or occupant of the premises denies Forward Volunteer Fire Department. access to the property for this purpose, 12.2. An outdoor campfire does not a special inspection warrant may be require a permit provided that the fire obtained in accordance with sections complies with all other applicable pro- 66.122 and 66.123, Wis. Stats. visions of this ordinance. 12.3. Any person responsible for SECTION 15: ENFORCEMENT AND burning leaves, brush, clean wood or PENALTIES other vegetative debris under Section 15.00 Enforcement and penalties. 7 of this ordinance shall obtain a one- 15.1. The Fire Chief and the Town time burning permit before starting the Chairman are authorized to enforce fire. There is no fee for a one-time the provisions of this ordinance. burning permit. 15.2. The penalty for violation of any 12.4. The owner or occupant of the portion of this ordinance shall be a property shall obtain an annual burn- forfeiture of not less than twenty-five ing permit for each burn barrel before dollars ($25) or more than two hun- using the burn barrel. The fee for each dred fifty dollars ($250) plus the cost annual burning permit shall be ten of prosecution. Penalties are doubled dollars ($10). An annual permit for second and subsequent offenses. expires on April 1of each year. 12.5. When weather conditions war- rant, the Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burn- ing and temporarily suspend previous- ly issued burning permits for open burning. 12.6. A burning permit issued under this section shall require compliance

39 Appendix E: “Bernie” Newspaper Ad Customizable templates of “Bernie” materials are available on CD from WLSSD. Appendix E: “Bernie” Fact Sheet Acknowledgements

Compiled and edited by Gina Temple-Rhodes, Western Lake Superior Sanitary District, June 2005.

This document incorporates revised text and elements from the “Guide to Reducing Back Yard Burning and On- Site Disposal” by Mark Rust, Minnesota Office of Environmental Assistance,1996. Used with permission.

Program Case Studies based upon “Burn Barrel Case Studies: Alternatives to Open Burning” prepared by Battelle under contract to EPA Great Lakes National Program Office, 2005. Used with permission.

Contributors: Mark Rust, MOEA Kevin Kessler, WI DNR Gary Noren, Chisago County, MN Karen Anderson, WLSSD Lindsay Haas, WI DNR Bill Gombold, St. Louis County, MN Erin Newman, U.S. EPA Jim Ostrowski, MI DEQ Carri Lohse-Hanson, MPCA Joel Peterson, MPCA

42

Bernie the Burn Barrel, reformed burner.

©2005 WLSSD OTA/PP/1,500

2626 Courtland Street Duluth, MN 55806-1894 phone 218.722.3336 fax 218.727.7471 www.wlssd.com Western Lake Superior Sanitary District