Orange County NC Website
Browse       Search
135 <br /> which burning material may not escape or (ii) within a protected area upon which a watch is <br /> being maintained and which is provided with adequate fire protection equipment. <br /> al Except in cases where the Commissioner has prohibited all open burning g during <br /> periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to <br /> Article 21B of Chapter 143 of the General Statutes, this Article shall not aply to, and no air <br /> quality permit shall be required for, the burning of polvethvlene agricultural plastic used in <br /> connection with agricultural operations related to the growing, harvesting, or maintenance of <br /> crops, when all of the following conditions aply: <br /> The burning does not violate any State or federal ambient air quality <br /> standards. <br /> The burning is conducted between an hour after sunrise and an hour before <br /> sunset. <br /> The fire is set back at least 250 feet from any paved public roadway and at <br /> least 500 feet from any dwelling, group of dwellings, commercial or <br /> institutional establishment, or other occupied structure not located on the <br /> property on which the burning is conducted. <br /> The burning is conducted in a manner such that it does not constitute a <br /> public nuisance. <br /> The burning is conducted by any of the following means: <br /> a. By professionally manufactured equipment solely for the purpose of <br /> plastic mulch burning or incineration and aproved by the <br /> Commissioner. <br /> b. By a fire that is enclosed in a noncombustible container. <br /> C* By a fire that is restricted to a pile no greater than eight feet in <br /> diameter built upon ground cleared of all combustible material. <br /> (b) No charge shall be made for the granting of any permit required by this Article." <br /> SECTION 4.39.(b) The Department of Agriculture and Consumer Services may <br /> adopt rules to implement the provisions of this section. <br /> SECTION 4.39.(c) This section becomes effective January 1, 2015. <br /> PART V. SEVERABILITY CLAUSE AND EFFECTIVE DATE <br /> SECTION 51. If any section or provision of this act is declared unconstitutional or <br /> invalid by the courts, it does not affect the validity of this act as a whole or any part other than <br /> the part declared to be unconstitutional or invalid. <br /> SECTION 5.2. Except as otherwise provided, this act is effective when it becomes <br /> law. <br /> In the General Assembly read three times and ratified this the 30d' day of <br /> September, 2015. <br /> s/ Daniel J. Forest <br /> President of the Senate <br /> s/ Tim Moore <br /> Speaker of the House of Representatives <br /> s/ Pat McCrory <br /> Governor <br /> Approved 8:45 a.m. this 22nd day of October, 2015 <br /> House Bill 765-Ratified Session Law 2015-286 Page 61 <br />