HomeMy WebLinkAboutAgenda - 09-05-2000-5dORANGE 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: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Rod Visser, ext 2300
Proposed Policy Dave Stancil, ext 259p
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 ar 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 ire 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.