(a)  Open burning may be used by county governments to dispose of vegetative storm debris in counties that have been declared disaster areas by state or federal authorities authorized to make the declaration, provided that: 
    (1)(A)  The burning shall be limited to no more than four (4) sites per county as designated by the county judge and reported in writing to the Arkansas Department of Environmental Quality at least three (3) days prior to the commencement of any burning, except as provided in subdivision (a)(1)(B) of this section. 

(B)  If the Director of the Arkansas Department of Environmental Quality determines that the scope of the disaster warrants additional burning sites, then the director may authorize additional sites; 

(2)(A)  The burning shall be performed during daylight hours on Monday through Friday. 

(B)  However, no burning shall occur on state and federal holidays; 

(3)  All burning shall be completed within one hundred twenty (120) days of designation of the county as a disaster area; 

(4)  All burning shall be conducted in a manner so as not to create a nuisance to surrounding communities or citizenry; 

(5)  Adequate firefighting personnel shall be available to respond to an emergency at any designated burning site; 

(6)  No burning shall be conducted within: 

(A)  Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the burning; or 

(B)  One thousand feet (1,000') of a school;  

(7)  The county is in attainment of all national ambient air quality standards; and 

(8)  No burn ban is in effect for the county. 

(b)  The director may require that: 

(1)  Designated burning sites be relocated; and 

(2)  Any or all burning allowed under this section be stopped in response to actual or potential violations of state or federal air quality standards in the impacted areas. 

(c)  The open burning of nonvegetative storm debris, including, but not limited to, tires, lumber, construction debris, demolished structures, household wastes, and trade wastes shall not be permitted under this section. 

(d)  County governments burning vegetative storm debris under this section shall comply with all other applicable federal, state, or local statutes, rules, regulations, ordinances, and orders. 

History. Acts 2005, No. 944, 1.