$51,000 FINE ASSESSED FOR OPEN BURNING VIOLATION

RALEIGH - State air quality officials have fined a Harnett County man more than $50,000 for burning scrap mobile homes and other synthetic materials on his property, in the second-largest civil penalty ever assessed for an open burning violation in North Carolina.

The N.C. Division of Air Quality (DAQ) assessed the $51,092 fine against William Matthews of Spring Lake for violations that occurred between November 2004 and January 2005 on his property at 680 Creeksville Church Road. Matthews was cited for violating open burning regulations aimed at preventing air pollution, including burning at least 15 mobile homes and other materials that had been transported to his property for demolition. It is illegal for citizens to burn trailers or other buildings, even if on their own property, unless it's an approved training exercise for fire-fighters.

"Smoke from illegal fires is unhealthy to breathe, particularly for people with respiratory problems, and it harms the environment," DAQ Director Keith Overcash said. "We are especially concerned about the burning of mobile homes and other structures because of toxic emissions from plastics and other synthetic materials."

Open burning violations are the DAQ's biggest enforcement problem. Over a five-year period (1998-2002), open burning cases accounted for two-thirds of all air quality complaints, half of all violation notices, and one-third of all enforcements and settlements. Investigating and enforcing such cases cost the division an estimated $154,248 in 2000 alone.

Under the N.C. Open Burning Rule, DAQ can assess fines as high as $10,000 per violation, but most fines range from $500 to $2,000. Larger fines can be assessed in cases involving repeat violations, and people who knowingly violate the law. The DAQ assessed the higher-than-usual fine against Matthews because of the large amount of non-permissible materials that were burned and previous violations of open burning regulations.

North Carolina law prohibits most open burning because the smoke from outdoor fires can cause serious health problems and pollute the air. For example, a study by the U.S. Environmental Protection Agency found that backyard burning of trash is the largest source of highly toxic dioxin emissions. Under the open-burning rule, it is illegal to burn:

• Garbage, paper and cardboard;
• Tires and other rubber products;
• Building materials, including lumber;
• Wire, plastics and other synthetic materials;
• Asphalt shingles and heavy oils;
• Paints, and household and agricultural chemicals;
• Buildings and other structures;
• Anything on days when the air quality forecast is Code Red or Orange. Forecasts can be obtained by calling 1-888-784-6224 or visiting the DAQ website at www.ncair.org.

Homeowners can burn yard trimmings - excluding stumps and logs over 6 inches in diameter - if it's allowed under local ordinances, no public pickup is available, and it doesn't cause a public nuisance. Other allowable burning includes campfires, outdoor barbecues, and bonfires for festive occasions. Citizens may be allowed to burn vegetation to clear land or clean up storm debris, but they should check first with the Division of Air Quality. People seeking to burn also may need permits from the state Division of Forest Resources.

A free brochure describing what is allowed and prohibited under the state open burning rule can be obtained by calling (919) 733-3340, or writing to the Division of Air Quality at 1641 Mail Service Center, Raleigh, NC 27699-1641, or checking the DAQ web site at www.ncair.org.

Email us