H765 - Regulatory Reform Act of 2015, Sec. 4.39: Allow Alternate Disposal of Biodegradable Agricultural Plastics (SL 2015-286)

Overview: Sec. 4.39 of S.L. 2015-286 allows burning of polyethylene agricultural plastic without an air quality permit, provided that the burning:

• Does not violate State or federal ambient air quality standards.
• Is conducted between an hour after sunrise and an hour before sunset.
• Is set back at least 250 feet from a paved public roadway and at least 500 feet from an occupied structure outside the property where the burning is conducted.
• Is conducted in a manner such that it does not constitute a public nuisance.
• Is conducted by any of the following means: (i) by professionally manufactured equipment solely for the purpose of plastic mulch burning or incineration and approved by the Commissioner of Agriculture; (ii) by a fire that is enclosed in a noncombustible container; or (iii) by a fire that is restricted to a pile no greater than eight feet in diameter on cleared ground.

The Department of Agriculture and Consumer Services is given authority to adopt rules to implement the provisions of this section.

This section is retroactively effective on January 1, 2015.