HomeMy WebLinkAboutA005 - Legal Opinion dated January 23, 1998 Memo
City Attorney's Office
Canng People
Quality Programs
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TO: Steve Schainker, City Manager
FROM: John R. Klaus, City Attorne
DATE: January 23, 1998
SUBJECT: Iowa Air Quality Regulations on Leaf Burning
This is in response to your request of Monday,January 18. for a concise statement of Iowa Air Quality Regulations,with
respect to the open burning of leaves and yard waste.
The DNR rules on emission standards,at Iowa Administrative Code 567-23.2(1), states in relevant part:
567-23.2(455B) Open burning.
23.2(1) Prohibition. No person shall allow,cause or permit open burning of combustible materials,except
as provided in 23.2(2)and 23.2(3).
23.2(2) Variances from rules. Any person wishing to conduct open burning of materials not exempted
in 23.2(3)may make application for a variance as specified in 567—subrule 21.2(1).
23.2(3) Exemptions. The following shall be permitted unless prohibited by local ordinances or regulations.
X X X
d. Landscape waste. The disposal by open burning of landscape waste originating on the premises.
However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be
limited to areas located at least one-fourth mile from any building inhabited by other than the landowner,or tenant
conducting the open burning. Rubber tires shall not be used to ignite landscape waste.
e. Recreation fires. Open fires for cooking. heating, recreation and ceremonies,provided they
comply with 23.3(2)"d".
f. Residential waste. Backyard burning of residential waste at dwellings of four-family units or less.
The adoption of more restrictive ordinances or regulations of a governing body of the political subdivision,
relating to control of backyard burning, shall not be precluded by these rules.
Both the City's existing regulations allowing limited times for yard Nvaste burning, and the proposed ban, are consistent
with the State open burning regulations.
JRK:gmw
c: Mayor and Council