Q. Is burning leaves illegal?

Q. Is burning leaves illegal?
A. In Ohio, with a few exceptions, open burning, which is any time you light a fire outdoors, is not permitted in restricted areas, which mainly are within any municipal corporation or residential areas. Leaves and plant materials send aloft millions of spores when they catch fire, causing many people with allergies to have difficulty breathing. The pollutants released by open burning also make it more difficult to maintain health-based air-quality standards, especially in or near the major metropolitan centers.
For exact limits and regulations of burning near municipal areas, see the Environmental Protection Agency's Web site at www.epa.state.oh.us.
A. The Pennsylvania Department of Environmental Protection defines open burning as a fire where the smoke and pollutants are emitted directly outdoors and not through a flue or stack.
The DEP says that, with a few exceptions, open burning, including leaves, is not permitted in air basins. Air basins are geographical areas where pollutants have a tendency to accumulate depending upon atmospheric conditions. There are two air basins in northwestern Pennsylvania: portions of Erie County and Lawrence County. The communities included in the Upper Beaver Valley air basin in Lawrence County are New Castle, Wampum, South New Castle, Bessemer, Ellport, Ellwood City, Enon Valley, New Beaver and Taylor, Wayne, North Beaver, Shenango and Little Beaver townships.
Q. I live in the country. Can I burn?
A. Yes and no. In Ohio, no open burning can take place within 1,000 feet of any home from where the fire is set. The smoke from the fire can not obscure visibility on roads, railroad tracks or airfields.
If your burning site is farther than the 1,000-foot limit from the nearest home, you can burn:
UAgricultural wastes: material generated by crop, horticultural or livestock production practices. This includes fence posts and scrap lumber but not buildings.
ULandscape wastes: plant matter such as tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
ULand-clearing wastes: plant matter that is removed when land is cleared for residential, commercial or industrial development. This material may be burned only under certain circumstances and with written permission from the Ohio EPA.
UResidential waste: wastes such as wood or paper products that are generated by one-, two-, or three- family residences. Garbage may not be openly burned.
No wastes generated off the premises may be burned. For example, a tree-trimming contractor may not haul branches and limbs to another site to burn them.
Open burning is prohibited when air pollution warnings, alerts or emergencies are in effect.
A. In Pennsylvania, clearing and grubbing wastes such as trees and other vegetation but not including demolition and dirt-laden roots may be burned in an air basin with the use of an air-curtain destructor with advance approval by DEP.
Clearing and grubbing wastes may be burned in an area outside an air basin as long as the burning is not causing an air pollution problem. It is illegal to transport clearing and grubbing wastes from the air basin for burning in an area outside of the air basin.
Q. What will happen if I am caught illegally open burning?
A. Ohio EPA has the legal authority to enforce the open-burning laws. Violations can result in substantial penalties.
A. DEP has the authority to enforce open-burning laws. Violations can result in substantial penalties.
Q. Is there any type of open burning permitted everywhere?
A. A few types of open burning are permitted even in restricted areas. Fires, kept to a minimum size for their intended purpose, can be built for:
UBarbecues, campfires, cookouts.
UHeating tar.
UWelding and acetylene torches.
USmudge pots and similar occupational needs.
UHeating for warmth of outdoor workers and strikers.
Ceremonial fires may also be set for limited periods of time if the Ohio EPA is notified in advance.
A. Pennsylvania has no restrictions on open burning for the following items:
UA fire set to prevent or abate a fire hazard, when approved by DEP and set by or under the supervision of a public officer.
UAny fire set for the purpose of instructing personnel in firefighting, when approved by DEP.
UA fire set for the prevention and control of disease or pests, when approved by DEP.
UA fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
UA fire set for burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or fewer and when the refuse results from the normal occupancy of the structure.
UA fire set solely for recreational or ceremonial purposes.
UA fire set solely for cooking food.
Q. What materials can never be burned?
A. Some materials may not be burned anywhere in Ohio at any time. These are: materials containing rubber, grease and asphalt or made from petroleum, such as tires, cars and auto parts, plastics or plastic-coated wire; garbage -- any wastes created in the process of handling, preparing, cooking, or consumption of food; and dead animals. Depending upon the material being burned, open fires can release many kinds of toxic fumes. The gases released by open burning can also harm neighboring buildings by corroding metal siding and damaging paint. Besides, open burning is not an efficient way to get rid of wastes since open fires do not get hot enough to burn the materials completely.
A. Anything that could be determined to be a solid waste cannot be burned in Pennsylvania, the DEP said. Solid waste includes demolition waste, tires, plastics, furniture, plastic-coated wire, shingles, mattresses and box springs, batteries, automobiles, etc.
The DEP said the nature of waste has significantly changed over the past 50 years. In the past, waste products and packaging consisted mostly of paper. Today, plastic packaging of products and other supplies make up a large portion of society's trash. When burned, these items can emit toxic and harmful pollutants and increase chances of health problems. The short-term effects are usually coughing or irritation of the eyes. There also is a danger of lung, kidney, liver and nervous system damage. Long-term exposure could lead to cancer and emphysema.
Q. Can a community enact local ordinances to allow open burning?
A. Local ordinances cannot be less strict than the state law. They can be more strict, however.
A. Pennsylvania law gives local officials the authority to enact an open-burning ordinance with the requirement that it is equal to or more stringent that the state regulations.
XSources: www.epa.state.oh.us, www.dep.state.pa.us