62-256.300. Prohibitions  

Effective on Monday, October 6, 2008
  • 1(1) General Prohibition. No person shall ignite, cause to be ignited, or permit to be ignited, any material which will result in any prohibited open burning as regulated by this chapter; nor shall any person suffer, allow, conduct or maintain any prohibited open burning.

    45(2) Prohibition on the Open Burning of Certain Materials.

    54(a) Except as provided at paragraph 6062-256.300(2)(b), 61F.A.C., the open burning of biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash is prohibited.

    94(b) Notwithstanding the provisions of paragraph 10062-256.300(2)(a), 101F.A.C., certain otherwise prohibited materials may be burned for the training of firefighters in accordance with subsection 11862-256.700(4), 119F.A.C.; waste pesticide containers may be burned in accordance with subsection 13062-256.700(5), 131F.A.C.; animal carcasses may be burned in accordance with subsection 14162-256.700(6), 142F.A.C.; and polyethylene agricultural plastic, untreated wood pallets, and packing material used in agriculture may be burned in accordance with subsection 16362-256.700(7), 164F.A.C.

    165(c) Open burning of vegetative debris and 172untreated wood is prohibited except as provided at subsections 18162-256.700(1), 182(2), (3), (8), (9), and (10), F.A.C., or subsection 19162-296.320(3), 192F.A.C.

    193(3) Prohibition on Open Burning During Adverse Conditions. No open burning, including use of any air curtain incinerator exempted from permitting pursuant to Rule 21762-210.300, 218F.A.C., shall be conducted during a National Weather Service Air Stagnation Advisory or Air Pollution Episode, or if the Department of Agriculture and Consumer Services, Florida Forest Service, has determined that weather conditions are unfavorable for safe burning.

    256(4) Applicability of Other Laws, Rules and Ordinances. Nothing in this chapter shall relieve any person from complying with any other applicable laws, rules, or ordinances, including Chapter 590, F.S.; rules of the Department of Agriculture and Consumer Services, Florida Forest Service; and ordinances of any local, county, or municipal government.

    307Rulemaking Authority 309403.061 FS. 311Law Implemented 313403.031, 314403.061 FS. 316History–New 7-1-71, Amended 1-11-82, 7-30-85, Formerly 17-5.03, Amended 10-20-86, 8-26-87, Formerly 17-5.030, 17-256.300, Amended 11-30-94, 7-6-05, 10-6-08.


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