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Open
Burning is the burning of solid waste without the benefit
of a device to adequately control combustion, such as those found
in solid waste incinerators. The State of Michigan allows residents
to legally burn their household wastes under certain provisions
and only if local laws are not enacted to ban or restrict the
activity. If local laws are enacted, they take precedence over
state laws. A
summary of community burning ordinances is provided here.
Open
burning is regulated by the State of Michigan through the Natural
Resources and Environmental Protection Act (NREPA, Public Act
451) under the following parts:
.
- Part 55, Air Pollution Control;
- Part 115, Solid Waste Management; and
- Part 515, Forest Fire Prevention.
The burning of any type
of commercial or industrial waste or structures is prohibited
by State law. The only exceptions are the burning of bee keeping
equipment, and the burning of structures for the purpose of training
fire fighters.
The following
three types of residential waste may be burned in Michigan if
local laws do not specifically prohibit the activity:
.
-
Household
Wastes - This does not include asbestos, hazardous commercial
chemical products, batteries, pesticide containers, and construction
and demolition waste. Under no circumstances should these materials
be disposed of in a burning barrel;
Assuming local laws are
not enacted to restrict burning of household wastes, residents
can burn according to the State guidelines described below.
However, the Clinton County Department of Waste management STRONGLY
DISCOURAGES these practices due to the negative impacts to human
health and the environment. When household wastes are openly
burned, a variety of toxins are released. These can include
styrene, formaldehyde, benzene, lead, mercury, dioxin, PCB, and
a number of other compounds that are harmful and known to cause
cancer or other health and respiratory ailments. And as
with any combustion, the smoke emitted can be irritating to those
within close proximity and there is always the danger of an uncontrolled
fire. The Department of Waste Management also strongly discourages
the use of fire to dispose of trees, stumps, leaves and other
yard waste materials. Burning of organic waste can produce hydrocarbons,
carbon monoxide and particulates that can lodge in the lungs.
As with household waste, besides releasing irritating smoke, the
burning of these wastes pose a fire hazard. Contact the Department
at 989-224-5187 or waste@clinton-county.org to learn about safe
alternatives to burning household and yard wastes. If you suspect
your neighbor is burning material illegally, or you have questions
about what can be legally burned in your community, contact your
local fire chief. A
listing is provided here.
State
Burning Guidelines only apply in
areas where local laws are not enacted to the contrary. See the
document posted on this page titled “Community Burn Ordinances"
for information on local laws.
Household
Wastes
.
-
Combined Burning – Use of Burn Barrel: If local
laws permit, one or two family residences may burn trash as
long as it doesn’t create a nuisance and a burn barrel
is used. A burn barrel is typically a metal 50 gallon
barrel but an approved burn barrel can also be made of fireproof
masonry. It must have a metal covering, much like a screen,
with holes no larger than 3/4 inch. The following materials
cannot be burned under any circumstances: asbestos, hazardous
chemical products, asbestos, pesticide containers, and construction
or demolition waste.
-
Burning of Treated Lumber: State law prohibits the burning
of treated lumber, certain building materials and the use of
fire to destroy a structure. The burning of a structure for
the training of fire fighters is an exclusion to this rule.
Also excluded is the burning of beekeeping equipment
as a method of disease control.
Trees, Logs,
Brush and Stumps
-
Open
Burning: The open burning of trees, logs, brush and stumps
is allowed in Michigan providing that it is in accordance with
the law, that is, it is not done within 1400 feet of a city
or village, nor within a Priority 1 or 2 area (there are none
in Clinton County) and it doesn’t cause a nuisance.
A permit must be obtained if the ground is not snow-covered
or if a burn barrel is not used. Several communities in Clinton
County have developed ordinances to manage open burning of trees,
logs, brush and stumps. A summary of those ordinances
are provided on this website.
-
Campfires:
Campfires and outdoor fireplaces fall under the guidelines of
forest fire prevention and are permitted by the state.
Campfires may be banned if the state deems that conditions are
hazardous or, under other conditions, a permit may be required.
Grass Clippings
and Leaves
.
-
Open
Burning: Unless a community has adopted an ordinance, the
open burning of leaves and grass clippings is illegal within
any Michigan community with a population of 7500 or more.
Several communities in Clinton County with populations under
7500 have developed ordinances to manage open burning of grass
clippings and leaves. A summary of those ordinances are
provided on this website.
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