§ 6-5. Outdoor burning.

(a)

Outdoor burning prohibited. No person may cause, suffer, allow, or permit any outdoor burning within the city limits of Terrell except as hereinafter provided for.

(b)

Exceptions. Outdoor burning is authorized in each of the following instances:

(1)

Pursuant to a written grant of authority from the Texas Air Control Board or executive director, who, before granting such authority, must determine that there is no practical alternative to outdoor burning, and the burning will cause or contribute to a violation of any federal primary or secondary ambient air standard.

(2)

Outdoor burning for the purpose of training fire fighting personnel when requested by certified mail and when authorized in writing by the local air pollution control agency or local health unit. If notice of denial from the local air pollution control agency or local health unit is not received within ten days of the request, the burning is authorized.

(3)

Outdoor burning consisting of campfires and fires used solely for recreational or ceremonial purposes, or in the noncommercial preparation of food, or used exclusively for the purpose of supplying warmth during cold weather.

(4)

Outdoor burning of diseased animals when burning is the most effective means of controlling the spread of disease.

(5)

Outdoor burning of hydrocarbons from pipeline breaks and oil spills may be allowed upon proper notification to the City of Terrell and the executive director of the Texas Air Control Board if it is determined that the burning is necessary to protect the public welfare.

(6)

Outdoor burning for the purpose of maintenance or land clearing will be allowed if there are no other practical alternatives to burning (i.e., recycling, composting, mechanical chipping or mulching, logging or landfills). The only acceptable method for this type of outdoor burning is an "Air Curtain Trench Burn", which requires prior approval, and a permit from, the Texas Commission on Environmental Quality. In addition, a permit must be obtained from, the site inspected by the Terrell Fire Department.

Burning shall not be commenced when surface wind is predicted to be less than six mph (five knots) or greater than 23 mph (20 knots) during the burning period and shall only commence after 9:00 a.m. and be completely consumed by 5:00 p.m.

(c)

Disposal or depositing of spontaneously igniting material. No disposal or deposit of any material capable of igniting spontaneously is allowed outdoors except where the disposal or deposit is made pursuant to a specific grant of authority by the Texas Air Control Board or the executive director.

(d)

Liability and compliance with other applicable laws. The authority to conduct outdoor burning under these provisions does not exempt or excuse the person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations and orders of governmental entities having jurisdiction even though the burning is otherwise conducted in compliance with the regulation. The city does not accept responsibility for the conduct of such outdoor burning activities even if in compliance with this section.

(Ord. No. 1407, 3-19-85; Ord. No. 2132, § I, 10-15-02)