As the Levelland Fire Department has responded to multiple calls regarding open burning within the city limits of Levelland, community members are reminded that open burning is a violation of Article 5.800 Open Burning.
Article 5.801 states no person shall kindle, ignite, or maintain, or permit the kindling, ignition, or maintaining of any open burning within the city limits, except in accordance with Sections 307 and 308 of the International Fire Code adopted pursuant to Article 3.100 of this code, except as hereinafter provided.
Notwithstanding the provisions of Section 5.801, during periods covered by resolutions duly adopted by the city council, all open or outdoor burning, other than in gas or charcoal grills or indoor fireplaces, shall be prohibited.
Any person violating any section, or part thereof, of this article shall, upon conviction, be deemed guilty of a misdemeanor, and shall be punished by a fine in accordance with Section 1.106 of this code.
The Texas Health & Safety Code (§382.018) gives the Texas Commission on Environmental Health and Quality (TCEQ) the authority to promulgate burning rules, within some defined parameters.
It directs the commission to authorize the burning of “trees, brush, grass, leaves, branch trimmings, or other plant growth” as waste, provided that this burning occurs on land where the waste was generated, and the burn is done by the owner of the property or someone authorized to do so by the owner (Tex. Health & Safety Code §§382.018(b)(1&2)). This does not mean that only these items may be burned, it just means that the commission cannot prohibit these items from being burned.
The commission cannot subject burns of trees, brush, grass, leaves, branch trimmings, or other plant growth to its individual approval, nor can it only authorize burns when there are no other alternatives to disposal of the waste (Tex. Health & Safety Code §382.018(c)(1&2)). Outdoor burning of waste may be done at any time at a site designated for burning of waste from specific residential properties located outside a municipality in counties where less than 50,000 people reside if a firefighter (e.g., professional or volunteer) acting under the authority of the fire department is observing, provided the waste came from a site from which the burn area is designated to accept waste (Tex. Health & Safety Code §382.018 (d)(1&2)).
The TCEQ sets forth the following general rules on authorized burns. According to the commission, burning must abide by the following time and weather conditions: Burning may not be started earlier than an hour after sunrise; it also must be concluded on the same day by an hour before sunset at the latest.