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5/18/05

New law bans burning on bad ozone days

By Becky Johnson • Staff Writer

For a daily ozone report, call 888.784.6224. An ozone forecast is issued by 3 p.m. the previous day. For burning permits, call the N.C. Forest Service office in your county or visit www.ncair.org for forecast.

People who burn brush piles on red alert ozone days could be fined up to $10,000 under a new state rule.

The new law applies only to certain counties in the state, including Haywood, Jackson and Swain, but not Macon, Cherokee, Clay or Graham. While fines are potentially steep, Paul Muller with the Division of Air Quality said warnings will be issued on the first offense.

In the past, the North Carolina Forest Service, which issues open burning permits, has asked people not to burn on bad ozone days. There were no repercussions for those who did not comply with the request.

Enforcing the new law might be tricky, however, with the first challenge being getting the word out. The local office of the N.C. Forest Service was unaware that the long-standing request not to burn on bad ozone days was now a law.

“We haven’t gotten anything about a new law being out there,” said Junior Ward, Haywood County Forest Ranger.

Fire departments are only vaguely familiar with the law. In the Waynesville Fire Department, a sign is posted announcing that there should be no burning on bad ozone days. But what to do if a fire department catches someone burning on a bad ozone day is unclear.

“We haven’t been contacted about enforcing anything or how to determine what condition the ozone is,” said Archie Shuler, fire investigator with the Waynesville Fire Department.

The N.C. Division of Air Quality is responsible for enforcing the new law. Last week, the agency began making rounds to local fire departments to explain the rule. While fire departments don’t have a role in the enforcement, they will be asked to call the Division of Air Quality if an active brush fire comes to their attention on a bad ozone day.

The person doing the burning is supposed to call a toll-free number before they burn to find out the ozone forecast for that particular day.

“What they are doing one day could be legal, but if it’s a high ozone day the next day, it could be illegal,” said Paul Muller with the Division of Air Quality office in Asheville.

Permits good for up to 30 days are required for most brush piles, which gives Ward and his fire rangers a chance to educate them on precautions and regulations.

“From May to October, we will tell them to watch the news or call in and make sure it is not an ozone problem for that day,” Ward said.

Not everyone is required to get a burning permit. Someone burning a brush pile within 100 feet of their home is not required to get one. Others simply don’t get a permit, even though it’s required by law.