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HomeMy WebLinkAboutP-0365 - Open Burning by Governmental Entities and Non-Profits Receiving County Funds 09-05-2000-5dPOLICY FOR INSERTION INTO THE POLICY MANUAL 1 MEETING DATE: EFFECTIVE DATE: September 5, 2000 NUMBER: P0365 • • September 5, 2000 REVISIONS: POLICY: Open Burning by Governmental Entities and Non-Profits Receiving County Funds The Orange County Board of Commissioners finds that inappropriate open burning of debris associated with development and land clearing activities contributes unnecessarily to adverse environmental, public health, and public safety impacts for Orange County and its citizens. The Board wishes to make explicit its expectations of governmental and non-profit entities (and their agents) that receive capital project and/or operational support from funds appropriated by Orange County, as to those entities' disposal plans for vegetative and wood waste, and the like, associated with their project or operational activities. All such entities are expected to: • Fully explore alternatives to burning of leaves, branches and other plant growth discarded through construction, program operation, and/or service delivery. Alternatives to burning include mulching/chipping, composting, and topsoil mining. • To the extent permitted by law, bid projects and write contracts for projects, operations, and services that expressly prohibit burning of vegetative and wood waste, and the like. • Contact the Environment and Resource Conservation Department, on an "as needed basis" to request assistance/referral to companies and organizations that offer acceptable alternative vegetative/wood waste management services. The ERCD shall develop and maintain a comprehensive referral list but shall refrain from recommending any firm. • Burn, or cause to be burned, vegetative and wood waste only as a last resort and in the case of undue financial hardship. Cost estimates for at least one alternative method should be obtained. If burning is still pursued, the organization will notify (in advance, in writing) the County and/or other local government in whose jurisdiction the activity will occur with an explanation of why an alternative disposal method was not selected. • Ensure that any burning accomplished in accordance with this policy as a last resort does not occur on days where ozone levels are projected to reach code "orange" or code "red", as posted daily on the NC Division of Air Quality web site, and through the NC Air Awareness Program. • Ensure that any burning accomplished in accordance with this policy as a last resort is located at least 100 feet from any roadway for traffic safety reasons and no closer than 300 feet from any property line adjoining any meeting or gathering place such as a school, church, restaurant, auditorium, governmental facility, office building, or the like. The Orange County Unit of the NC Forest Service is specifically exempted from this policy as it relates to burning activities associated with their hazard management programs. However, the Forest Service is expected to exercise prudent judgement regarding the scheduling and execution of their burning activities. ,~ u ~J APPROVED 4/17/2001 MINUTES , • ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING September 5, 2000 The Orange County Board of Commissioners met in regular session on Tuesday, September 5, 2000 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr. and Commissioners Margaret W. Brown, Stephen H. Halkiotis, and Barry Jacobs COUNTY COMMISSIONER ABSENT: Alice M. Gordon COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (all other staff members will be identified appropriately below) Chair Carey asked for a moment of prayer for the passing of Commissioner Cordon's mother. 1. ADDITIONS OR CHANGES TO THE AGENDA Commissioner Gordon had asked Chair Carey before she left to remove The Woodlands Preliminary Plan, the Pocket Park at the Skills Development Center, and the appointments to the Orange County Planning Board so that she could participate in the discussion. Commissioner Brown would like to remove the appointments to the ABC Board. • Commissioner Jacobs pointed out that citizens should be able to speak on the removed items. The Board agreed by consensus to remove the items stated above from the agenda. PUBLIC CHARGE Chair Carey read the public charge 2. CITIZEN 8~ AUDIENCE COMMENTS a. Matters not on the Printed Agenda Kate Dixon, Executive Director of the Triangle Land Conservancy, noted that a report to document the status of protecting open space in the Triangle and recommendations was sent to the County Commissioners several months ago. She left extra copies for the Commissioners. She said that Orange County had more land preserved than other counties in the area. She made reference to the Lands Legacy Program and said that it was a model for others to follow. One of the recommendations in the report is for the region to prepare a Regional Open Space Plan, which the TLC is calling a Green Print. She said that the Triangle J Council of Governments and the North Carolina Division of Parks and Recreation has approached the TLC to partner with them on this project. She gave an update on the Little River Project. She presented some case statements on their efforts to raise money to help acquire this property. She made reference to the 296 acres that was acquired on Turkey Farm Road. The Triangle Land Conservancy just built a bridge across Old Mill Creek to pull the trail system together. She is hoping the trails will be open later this fall. Alvis Oakley said that back in 1984 the Orange County Board of Commissioners • zoned Cheeks Township and told the citizens it was for the citizens' benefit. In April, 1988, Mr. Hoyle King bought a lot across from him and now over the last twelve years, he has moved in junk. He is asking that the County Commissioners do something. Today, from the road he counted 24 or more cars and trucks, two trailers loaded with junk, four tractors, three lawn about payment-in-lieu or dedication. He is not ready to say that the County is to require dedication at this point. However, he believes that the County has the right to require dedication • of land. Commissioner Brown said that she has mixed feelings about dedication of property. She said that she does favor a wildlife corridor. She said that she wants the land along the creek that she lives on to be preserved. She sees the walking trails in Efland as very far out into the future. She said that there would be changes in the Efland area with the growth pressures that will exist in this area. She sees the importance of dedicating properties along these stream corridors. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to accept the administration's recommendation that the County receive the land dedication as a wildlife and resource protection corridor with a provision that public access within the corridor will not be considered unless and until the dedicated property is connected with other publicly owned recreation/open space property. VOTE: Ayes, 2; Noes, 2 (Commissioner Halkiotis and Chair Carey) There is no land dedication for Wilson Efland Subdivision as a result of the vote. John Link asked about the next step in terms of addressing this issue. Geoffrey Gledhill said that the Board could act now to accept the payment in lieu. The Board has to either accept a payment in lieu or the dedication. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to table this item to the next meeting. VOTE: UNANIMOUS d. Open Burning Policy for Governmental Entities and Non-Profits Receiving County Funds • The Board considered approving a resolution that would implement a policy governing open burning by governmental and non-profit entities receiving Orange County funds. Assistant County Manager Rod Visser summarized the major points in this policy. This policy deals with other governmental entities and non-profit entities receiving Orange County funds. The policy outlines provisions for burning as a last resort. This is a fairly narrow policy. During the last legislative session, Orange County was given authority to further regulate burning in the County. Farimah Anoushiravani presented a petition signed by 134 people, which reads as follows: "We would like Orange County to adopt an ordinance codifying the legislation passed in the General Assembly of North Carolina on clearing of land within the County that would regulate and prohibit the open burning of trees, poisonous plants, stumps, and other construction debris." Farimah Anoushiravani read a prepared stated. She said that the developer at Lake Hogan Farm, 15' American Land of Apex, has been burning piles of wood as high as a 3-story building, including poison ivy and poison oak, since June 16, 2000. The burning has effected the health of many of us with asthma and allergies. More than 14 people have had poison ivy rashes; 3 cases were very severe. including my daughter's. This burning will continue weeks at a time for several more years until. they are done with the development of this large subdivision. We have spoken to Mr. David Goracke, director of development for 1 S' American Land, and others in that company numerous times begging them to stop burning and to please shred or haul cuttings away, as they do for their other projects. They have refused to do so, suggesting instead that the current residents should pay for shredding the wood! We have also contacted all of the • regulatory and municipal agencies pertinent to this. problem. No one has been able to help us because of the lack of an appropriate ordinance, even when some of the burn permit's rules and regulations were not being followed by the developer. As studies show, general health effects from breathing air containing wood smoke are: - reduced lung function especially in children; • - increased severity of existing lung diseases such as asthma, emphysema, pneumonia, and bronchitis;. - aggravated heart disease; - increased susceptibility to lower respiratory diseases; - triggering of headaches and allergies; - irritated eyes, lungs, throat, and sinuses; - chronic obstructive lung disease, increase risk of cancer, and genetic mutations with long-term exposure. At this time we are requesting that: - the burn permit be suspended immediately until an ordinance is adopted; - an ordinance be written and passed within 30 days of this meeting; - the new ordinance requires shredding, composting, chipping, or mulching of all developers' natural waste materials; - burning of poison. ivy, poison oak, or poison sumac be prohibited by any person. I have provided: - a copy of the Lake Hogan Farm petition and map of the development; - copies of some studies on the effects of wood and poison ivy smoke; - copies of the Puget Sound Region Outdoor Burning Restrictions as a model. For further information you may contact: - State of Illinois, Institute of Natural Resources, 309 West Washington St., Chicago, I L 60606. . - EPA. A summary of emissions characterization and non cancer respiratory effects of wood smoke. EPA-453/R-93-036. December, 1993. - Dr. Nancy Pate, research scientist for EPA, at (919)541-5347. She thanked the County Commissioners for their time, and all of the hard work they have put in to protect the residents of Orange County. Chair Carey said that the County would not have the power to suspend the burning permit for 1St American Land of Apex. He encouraged the residents to speak with the Town of Carrboro, Commissioner Halkiotis asked about the statement "We have spoken to Mr. David Goracke, director of development for 1St American Land, and others in that company numerous times begging them to stop burning and to please shred or haul cuttings away, as they do for their other projects. They have refused to do so, suggesting instead that the current residents should pay for shredding the wood!" He asked Craig Benedict if he was familiar with 1St American Land of Apex and the developer, Michael Chadwick. Craig Benedict said that his staff met with Michael Chadwick in the field about a month and a half ago to discuss this issue, and Mr. Chadwick said that he would speak to his subcontractor. It was Craig Benedict's understanding that the developer was going to cease the open burning. John Link said that he talked with Mr. Chadwick to inform him that the Commissioners have instructed the staff to move quickly with the Solid Waste Ordinance, which would give the Commissioners the authority to stop and prevent burning as a means of disposing of wood debris and other vegetation. He informed Mr. Chadwick of this so that he would know that this would impact him. The staff will bring this back to the Board the second week in October. The enabling • legislation will be beneficial in the future but will take some time to work through the County Commissioners and other governmental entities. It is the Solid Waste Ordinance that will be the vehicle for the County Commissioners to ban burning. Commissioner Brown clarified that the County did not give the developer a burn permit. Geoffrey Gledhill said that there were two legal remedies -one is to adopt the Solid Waste • Ordinance, which will be in affect in the unincorporated portion of Orange County, and the second is that the other governmental entities will be encouraged to adopt the ordinance. Also, the County was given permission from the General Assembly to make the prohibition of burning in connection with developments a condition of development permits. Amendments to the County's development ordinance will be presented to the County Commissioners for approval as soon as possible. These amendments will apply to the area of Orange County that is planned by Orange County, which does not include the towns or the area of Lake Hogan Farm. Carrboro, through the Joint Planning Agreement with Orange County, would have to amend its development ordinance in order for the burning to stop at the Lake Hogan Farm burning problem. Sara Bruce spoke on behalf of the Orange/Chatham Sierra Club.. She took some photographs of the Lake Hogan Farm site and distributed these. She supports what Geoffrey Gledhill has suggested. She asked that the County also look at loopholes in other regulations on water quality and air quality. She mentioned that it was the North Carolina Department of Forestry who issues the burn permits. Commissioner Jacobs asked Ms. Bruce to help the County to identify weaknesses in the County's water quality protection standards. Frances Seawell, a Lake Hogan Farm resident, encouraged the County Commissioners to pass the ordinance prohibiting open burning. Commissioner Jacobs made one change to the policy on Open Burning by Governmental Entities and Non-Profits Receiving County Funds. In the fourth bullet, the second sentence, "If burning is still pursued, the organization will notify in advance and in writing..." This information will be sent to the Board of Health for their attention. Chair Carey would like to get additional information on burning of poison ivy, etc. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis to • approve and authorize the Chair to sign a resolution that would implement a policy, as revised, governing open burning by governmental and non-profit entities receiving Orange County funds as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENACTING A POLICY GOVERNING THE USE OF OPEN BURNING BY GOVERNMENTAL AND NON-PROFIT ENTITIES RECEIVING ORANGE COUNTY FUNDING WHEREAS, land development and associated site clearing activities are increasing, and will continue to increase; and WHEREAS, it is common practice for many developers to deal with eliminating vegetative and wood waste associated with land clearing activities through controlled, open burning of these materials; and WHEREAS, the Orange County Board of Commissioners has serious concerns about the harmful environmental, public health, and safety effects these activities can engender for Orange County citizens; and, WHEREAS, the Orange County Board of Commissioners wishes to encourage the use of environmentally friendly, health sensitive alternatives to managing waste related to land development activities; and WHEREAS, the Orange County Board of Commissioners believes public and non-profit entities can and should exercise leadership by example in carrying out their development related activities in ways that protect the environment and public health and safety; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners • hereby enacts the attached policy "Open Burning by Governmental Entities and Non-Profits Receiving County Funds". VOTE: UNANIMOUS ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2000 Action Age a Item No. ~_ SUBJECT: Open Burning Policy for Governmental Entities and Non-Profits Receiving County Funds DEPARTMENT: County Manager/ERCD PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Resolution Rod Visser, ext 2300 Proposed Policy Dave Stancil, ext 2590 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving a resolution that would implement a policy governing ® open burning by governmental and non-profit entities receiving Orange County funds. BACKGROUND: The Board of Commissioners has been pursuing for a number of years mechanisms that would reduce the amount of inappropriate open burning of materials, particularly those associated with land clearing and site development. activities. The County Attorney has been preparing a draft ordinance that would regulate burning of recyclable materials as one measure to help in this effort. The Board has also expressed interest in the past in establishing a policy that would require public and non-profit entities (and their agents) that receive County funding for capital projects and/or operational support to pursue open burning of vegetation and other debris o~ as a last resort. The attached resolution would enact a policy articulating that expectation of the County Commissioners and would minimize or eliminate instances where agencies use open burning to get rid of debris because they are unaware of the BOCC's perspective on the issue. FINANCIAL IMPACT: There is no direct, immediate financial impact associated with the adoption of the proposed open burning policy. However, there is some potential that County expenditures may be requested to assist. entities in finding alternatives to open burning, as was the case with the County's financial contribution in 1999 to assist OCS in mulching land clearing debris from the Pathways Elementary School project site. • RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution. • ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENACTING A POLICY GOVERNING THE USE OF OPEN BURNING BY GOVERNMENTAL AND NON-PROFIT ENTITIES RECEIVING ORANGE COUNTY FUNDING WHEREAS, land development and associated site clearing activities are increasing, and will continue to increase; and WHEREAS, it is common practice for many developers to deal with eliminating vegetative and wood waste associated with land clearing activities through controlled, open burning of these materials; and WHEREAS, the Orange County Board of Commissioners has serious concerns about the harmful environmental, public health, and safety effects these activities can engender for Orange County citizens; and WHEREAS, the Orange County Board of Commissioners wishes to encourage the use of environmentally friendly, health sensitive alternatives to managing waste related to land development activities; and WHEREAS, the Orange County Board of Commissioners believes public and non-profit entities can and should exercise leadership by example in carrying out their development related • activities in ways that protect the environment and public health and safety; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners hereby enacts the attached policy "Open Burning by Governmental Entities and Non-Profits Receiving County Funds". This, the 5th day of September, 2000. • DRAFT DRAfT POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: September 5, 2000 NUMBER: EFFECTIVE DATE: September 5, 2000 REVISIONS: POLICY: Open Burning by Governmental Entities and Non-Profits Receiving County Funds The Orange County Board of Commissioners finds that inappropriate open burning of debris associated with development and land clearing activities contributes unnecessarily to adverse environmental, public health, and public safety impacts for Orange County and its citizens. The Board wishes to make explicit its expectations of governmental and non-profit entities (and their agents) that receive capital project and/or operational support from funds appropriated by Orange County, as to those entities' disposal plans for vegetative and wood waste, and the like, associated with their project or operational activities. All such entities are expected to: • Fully explore alternatives to burning of leaves, branches and other plant growth discarded through construction, program operation, and/or service delivery. Alternatives to burning include mulching/chipping, composting, and topsoil mining. • To the extent permitted by law, bid projects and write contracts for projects, operations, and services that expressly prohibit burning of vegetative and wood waste, and the like. • Contact the Environment and Resource Conservation Department, on an "as needed basis" to request assistance/referral to companies and organizations that offer acceptable alternative vegetative/wood waste management services. The ERCD shall develop and maintain a comprehensive referral list but shall refrain from recommending any firm. • Burn, or cause to be burned, vegetative and wood waste only as a last resort and in the case of undue financial hardship. Cost estimates for at least one alternative method should be obtained. If burning is still pursued, .the organization will notify (in writing) the County and/or other local government in whose jurisdiction the activity will occur with an explanation of why an alternative disposal method was not selected. • Ensure that any burning accomplished in accordance with this policy as a last resort does not occur on days where ozone levels are projected to reach code "orange" or code "red", as posted daily on the NC Division of Air Quality web site, and through the NC Air Awareness Program. • Ensure that any burning accomplished in accordance with this policy as a last resort is located at least 100 feet from any roadway for traffic safety reasons and no closer than 300 feet from any property line adjoining any meeting or gathering place such as a school, .church; restaurant, auditorium, governmental facility, office building, or the like. The Orange County Unit of the NC Forest Service is specifically exempted from this policy as it. relates to burning activities associated with their hazard management programs. However, the Forest Service is expected to exercise prudent judgement regarding the scheduling and execution of their burning activities.