(a)  The open burning of yard wastes is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning. 
    (b)  No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such burning constitutes: 

(1)  A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials; 

(2)  A fire hazard to surrounding property, as determined by appropriate local officials; or 

(3)  A safety hazard causing obscured vision on public roads or highways. 

(c)(1)  No citation or civil fine shall be issued or levied pursuant to the exception of subsection (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard wastes. 

(2)  For the purposes of subsection (b)(1) of this section, "persistent or recurring" burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire. 

(d)  Nothing in this subchapter shall be construed as impairing the authority of local fire control officials to abate fire hazards through whatever regulatory mechanisms deemed necessary and appropriate. 

(e)  Nothing in this subchapter shall be construed as impairing the authority of the Arkansas Department of Environmental Quality to abate reasonably likely exceedances of National Ambient Air Quality Standards. 

History. Acts 1997, No. 1151, 3; 1999, No. 1164, 87.