HomeMy WebLinkAbout02102014 City Council Laydowns mg
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From: Jim Hunt
Sent: Monday, February 10, 2014 9:28 AM
To: Johanna Kinney
Subject: FW: Re: Burns and burn policy
Laydown for tonight. Sent to department heads.
Thanks
Good morning,
As a result of the last burn and following controversy I have informed
AKDEC's Air Quality Program Department I will be distributing the State's
burn policy to city department heads.
In the future, all parties interested in holding a permitted burn or
participating in a permitted burn MUST clear it with Fire Chief Athey. At no
time shall an employee of the city unilaterally initiate a permitted burn or
place material in or near a permitted burn. Attached is the Alaska Air Quality
Burn Program. Please review it and save it for reference.
Thank you,
Jim
Jim Hunt
City Manager
Seward, Alaska
907.224.4047
0044 it
February 10, 2014
Report to Council
On January 9 a permitted burn occurred on Alaska Rail Road
property. John Foutz, the Electric Utility Manager contacted the
contractor who was permitted for the burn and addressed the
possibility of burning some treated timber. He was told the permit
was limited and the timber could not be burned. Mr. Foutz had
the timber delivered to the transfer station. At some point and
unbeknownst to me, a Parks and Rec employee, after speaking to
Chief Athey, was directed by his department to take some treated
timbers to the burn site. He deposited the material on the pile of
debris and left. He did not speak to anyone at the pile site. Some
of the black smoke emitted from the fire was likely due city
material placed on the pile. However, we cannot determine what
the bulk of the pile was comprised of. I received a letter from
DEC describing burn policies and have sent them to department
heads for reeducation. At no time in the future shall material be
sent to a burn without full approval from Fire Chief Athey.
Jim Hunt
a-10 c-c JJ
°£ ryF Department of Environmental
h_,..., %=tea
THE STATE
�� �~7I °fALAS� Conservation
s 4_ __ • _ DIVISION OF AIR QUALITY
Vilify_ AIR PERMITS PROGRAM
GOVERNOR SEAN PARNELL
Op 410 Willoughby Avenue,Suite 303
�"n L AS�'t� PO Box 111800
Juneau,Alaska 99811-1800
Main: 907.465.5100
Toll free: 866.241.2805
Fax: 907.465.5129
http://www.dec.state.ak.us
January 30,2014
Eddie Athey,Fire Chief
City of Seward Fire Department
P. O.Box 167
Seward,AK 99664
Jim Hunt,City Manager
City of Seward
P.O.Box 167
Seward,AK 99664
Subject: Open burning and Alaska Air Quality Control Program
Dear Messrs.Athey and Hunt:
On behalf of the Alaska Department of Environmental Conservation Air Permits Program(ADEC APP),I am
writing you to share with you ADEC APP's air quality control mission and policies with respect to open
burning practices.
ADEC APP manages open burns to minimize health and welfare impacts from smoke to further its mission to
keep Alaska's air clean. Its open burn provisions in 18 AAC 50.065 (enclosed) establish good practices,
supplemented by an approval process for larger projects that could impact the public.
Open burning that requires an ADEC approval include the following:Larger fire training exercises,land
manager prescribed burning,land clearing,and black smoke events.
For firefighter training and approvals,ADEC recognizes that structure,vehicle,and fuel burning exercises
generate smoke that could adversely impact the public. However,the public good served through such training
outweighs the short-term negative impacts such exercises may have.The provisions require advanced public
notice,complaint response,and hazardous material remediation in advance of structure burns. For structure
burn proposals,ADEC reviews the neighboring development density and proximity to sensitive features,such
as schools,daycare facilities,hospitals, transportation terminals and highways,as part of its siting approval
decision. Some sites may be inappropriate for such an exercise,resulting in agency denial.
ADEC also issues approvals for controlled burning projects impacting greater than 40 acres,such as range land
. burns for habitat enhancement and slash burning from timber harvested areas to reduce wildfire hazards. In
Clean Air
i 4
Eddie Athey and Jim Hunt 2 January 30,2014
addition, this covers land clearing.The approvals typically require meteorologist coordination,advanced public
and FAA notice. For land clearing projects with large debris (stumps)ADEC may require blower use to
enhance air circulation.
Some burning of solid wastes may be permitted at remote Class III solid waste disposal sites through their solid
waste landfill permit.
Finally, for other events that would make black smoke,ADEC approval is needed. For emergency spill
response,the State on-scene coordinator may approve in-situ burning to reduce imminent impacts to the
environment.For non-emergency events,ADEC requires an applicant to show that there are no reasonable
alternative disposal options before it would consider granting a black smoke approval. Because of this,ADEC
rarely authorizes such burns for sites accessible to the road,rail,and scheduled marine transport systems,but
has occasionally issued approvals for inaccessible sites.
ADEC APP posts all permits and open burn approvals at:
http://dec.alaska.gov/Applications/Air/airtoolsweb/AirPermitsApprovalsAndPublicNotices/.You may select
open burn requests as the permit/approval type and to begin your search.The ID contains a hyperlink to the
permit or final correspondence. Should you ever have a question about whether ADEC APP has approved an
open burn request,please access this system or to call one of our ADEC Air Permits Program inspectors.The
enclosed guidelines lists our open burn contacts.
Next,the Air Quality Control regulations prohibit open burning of certain products and restrict open burning
of other products absent ADEC written approval.Those specifically prohibited are pesticides,halogenated
organic compounds,cyanic compounds,or polyurethane products.Those prohibited if it causes odor,or black
smoke that has an adverse effect on nearby persons or properties include putrescible garbage,carcasses, or
petroleum-based material,including those contaminated with petroleum or derivatives.Finally,ADEC prohibits
open burning of asphalts,rubber products,plastics, tars,oils,oily waste,contaminated cleanup material or other
material in a way that gives off black smoke.
Although not specifically enumerated above,ADEC APP has experience with events during which operators
have attempted to cleanly burn pressure treated wood products,including well-aged creosote treated demolition
debris and railroad ties. Generally,such open burns generate copious black smoke with a strong odor. Further,
EPA and generally recommend against open burning such material because it can generate toxic smoke and can
concentrate toxic compounds in the ash.
Because of this,ADEC APP strongly discourages open burning of treated wood as being in conflict with our
agency's mission and Air Quality Control provisions.
We recently sent a letter to Orion Marine Construction DBA West Construction regarding their open burn
event January 9-11,2013,and sent each of you a courtesy copy.We will strive to better coordinate burn events
with the Seward Fire Department to ensure large open burns are properly permitted and conducted in a manner
Eddie Athcy and Jim I lunt 3 January 30,2014
that conforms to the local fire service and ADEC APP public safety missions. One such improvement would be
for my staff to forward local open burn complaints to the fire department. Should you have any other input on
coordination concerning open burning practices with local authorities,I would be happy to discuss it with you
or other members of the City of Seward and Fire Department.
Thank you again for your time and your assistance with follow-up of the recent Orion Construction open burn
event.Our staff looks forward to working with you in the future. Should you have any questions regarding this
letter,please do not hesitate to contact me by phone at(907) 465-5108,or by email
iirn.baumgartner@alaska.gov.
Sincerely:
(/`"80 .
James Baumgartner,Manager
Air Permits Program Compliance Section
Enclosures: 18 AAC 50.065. ADEC open burn contact list
cc: Andrew Mohrmann,APP/Anchorage
Jeremy Ptak,APP/Anchorage
\\Jn-svrfile\groups\AQ\PIiRMI7S\Compliance Section\Opcnbum\Fire Departments\City of Seward Fire Department Open Bum Technical Assistancc Letter
012914.docs
' Open Burning Policy& Guidelines January 2006
OPEN BURNING
POLICY & GUIDELINES
State of Alaska
Department of Environmental Conservation
Division of Air Quality
Air Permits Program
i I ira
January 2006
"A successful burn is one in which no complaints are received by the Department."
For Open Burning Questions, Contact (names updated on September 30, 2013):
Person Area Phone E-mail
Andrew South Central and SW
Mohrmann Alaska Open Burn (907)269-4718 andrew.mohrmann(c alaska.gov
Approvals and Complaints
Denise SE Alaska Open Burn (907)465-5117 denise.wiltse@alaska.gov
Wiltse Approvals and Complaints
Page 1 of 13
Open Burning Policy& Guidelines January 2006 ' •
Interior and Northern
Amy Lange Alaska Open Burn (907)451-2132 amy.lange(c alaska.gov
Approvals and Complaints
Page 2 of 13
Open Burning Policy& Guidelines January 2006
POLICY AND GUIDELINES
The State of Alaska has two basic concerns with open burning: 1)that it does not spread and become a
wildfire, and 2)that it does not cause air pollution that creates a health hazard or a public nuisance. The
Department of Natural Resources (DNR) is responsible for regulations and permits to address the first
concern(fire safety). The Department of Environmental Conservation(DEC)is responsible for regulations
and permits to address the second concern(environmental protection).
It is the policy of the DEC to eliminate,minimize,or control open burning and to encourage other methods
of disposal where possible. When open burning is permitted by the DEC,the permittee must provide for
the most efficient combustion possible for the material to be burned. The DEC supports the maximum
recycling and utilization of wood and forest products to reduce the volume of material requiring burning.
All open burning in the state,whether requiring written approval from DEC or not,must be done in a way
that maintains maximum combustion efficiency throughout the burning period.
18 AAC 50.110. AIR POLLUTION PROHIBITED.
A person may not cause or permit any emission that is injurious to human health or welfare,animal or plant
life,or property,or that would unreasonably interfere with the enjoyment of life or property.
18 AAC 50.065. OPEN BURNING.
(a) Except when conducting open burning under(g),(h),or(i)of this section,a person conducting
open burning shall comply with the limitations of(b)-(f)of this section and shall ensure that
(1) the material is dried or kept covered to the greatest extent possible prior to burning;
(2) before igniting the burn,noncombustibles are separated;
(3) natural or artificially induced draft is present;
(4) to the greatest extent practicable,combustibles are separated from grass or peat layer;
(5) combustibles are not allowed to smolder(burn and smoke without flame).
(b) Black Smoke Prohibited. Except for firefighter training conducted under(h)or(i) of this
section,open burning of asphalt products,rubber products,plastics,tars,oils,oily wastes,contaminated oil
cleanup materials,or other materials in a way that gives off black smoke is prohibited without written DEC
approval. DEC approval of open burning as an oil spill response countermeasure is subject to the DEC's In
Situ Burning Guidelines for Alaska, adopted by reference in 18 AAC 50.035. Open burning approved
under this section is subject to the following limitations:
(1) opening burning of liquid hydrocarbons produced during oil or gas well flow tests may
occur only when there are no practical means available to recycle,reuse,or dispose of the fluids in a more
environmentally acceptable manner;
Page 3 of 13
Open Burning Policy& Guidelines January 2006 •
(2) the person who conducts open burning shall establish reasonable procedures to
minimize adverse environmental effects and limit the amount of smoke generated;and
(3) the DEC will,in its discretion,as a condition of approval issued under this subsection,
require public notice as described in(j)of this section.
(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of
pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that
gives off toxic or acidic gases or particulate matter is prohibited.
(d) Adverse Effects Prohibited. Open burning of putrescible garbage,animal carcasses,or
petroleum-based materials,including materials contaminated with petroleum or petroleum derivatives,is
prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.
(e) Air Quality Advisory. Open burning is prohibited in an area if the DEC declares an air quality
advisory under 18 AAC 50.245,stating that burning is not permitted in that area for that day. This advisory
will be based on a determination that there is or is likely to be inadequate air ventilation to maintain the
standards set by 18 AAC 50.010. The DEC will make reasonable efforts to ensure that the advisory is
broadcast on local radio or television.
(f) Wood Smoke Control Areas. Open burning is prohibited between November 1 and March 31
in a wood smoke control area identified in 18 AAC 50.025(b).
(g) Controlled Burning. Controlled burning to manage forest land,vegetative cover,fisheries,or
wildlife habitat,other than burning to combat a natural wildfire,requires written DEC approval if the area
to be burned exceeds 40 acres yearly. The DEC will,in its discretion,require public notice as described in
(j)of this section.
(h) Firefighter Training: Structures. A fire service may open burn structures for firefighter
training without ensuring maximum combustion efficiency under the following circumstances:
(1) before igniting the structure,the fire service shall
(A) obtain DEC approval for the location of the proposed firefighter training;
approval will be based on whether the proposed open burning is likely to adversely affect public
health in the neighborhood of the structure;
(B) visually identify materials in the structure that might contain asbestos,test those
materials for asbestos,and remove all materials that contain asbestos;
(C) ensure that the structure does not contain
(i) putrescible garbage;
(ii) electrical batteries;
(iii) stored chemicals such as fertilizers,pesticides,paints,glues,sealers,
tars, solvents,household cleaners, or photographic reagents;
Page 4 of 13
Open Burning Policy& Guidelines January 2006
(iv) stored linoleum,plastics,rubber,tires,or insulated wire;
(v) hazardous waste;
(vi) lead piping;
(vii) plastic piping with an outside diameter of four inches or more;or
(viii)urethane or another plastic foam insulation;
(D)provide public notice consistent with 6)of this section;and
(E) ensure that a fire-service representative is on-site before igniting the structure;
(2) the fire service shall ignite and conduct training on only one main structure and any
number of associated smaller structures at a time; examples of associated smaller structures are garages,
sheds,and other outbuildings; and
(3) the fire service shall respond to complaints in accordance with(k)of this section.
(i) Firefighter Training:Fuel Burning. Unless a greater quantity is approved by the DEC,a fire
service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for
firefighter training without ensuring maximum combustion efficiency. To conduct this training without
prior written DEC approval,the fire service shall
(1) provide public notice consistent with 6)of this section before burning more than 20
gallons of uncontaminated fuel,unless waived in writing by the DEC;and
(2) respond to complaints in accordance with(k)of this section.
0) Public Notice. A person required to provide public notice of open burning shall issue the notice
through local news media or by other appropriate means if the area of the open burning does not have local
news media. The public notice must be issued as directed by the DEC and must
(1) state the name of the person conducting the burn;
(2) provide a list of material to be burned;
(3) provide a telephone number to contact the person conducting the burn before and during
the bum;
(4) for a surprise fire drill, state
(A) the address or location of the training; and
(B) the beginning and ending dates of the period during which a surprise fire drill
may be conducted may not exceed 30 days; and
(5) for open burning other than a surprise fire drill,the notice must also state the expected
time,date,and location of the open burning.
Page 5 of 13
Open Burning Policy& Guidelines January 2006 •
(k) Complaints. A person required to provide public notice of open burning shall:
(1) make a reasonable effort to respond to complaints received about the burn;
(2) keep a record for at least 30 days of all complaints received about the burn,including:
(A) the name,address,and telephone number of each person who complained;
(B) a short summary of each complaint; and
(C) any action the person conducting the open burning took to respond to each
complaint;and
(3) upon request, provide the DEC with a copy of the records kept under (2) of this
subsection. (Eff. 1/18/97,Register 141)
Authority: AS 46.03.020,AS 46.03.710,AS 46.14.010,AS 46.14.020,AS 46.14.030, Sec. 30,ch. 74,
SLA 1993
AS 46.14.990 DEFINITION.
(2) "ambient air" has the meaning given in 40 CFR 50.1, which means that portion of the
atmosphere, external to buildings,to which the general public has access.
18 AAC 50.990 DEFINITIONS.
(14) "black smoke" means smoke having the color of emissions produced by the incomplete
combustion of toluene in the double wall combustion chamber of a smoke generator.
(40) "fire service" means a fire Department registered with the state fire Marshall under
13 AAC 52.030,an organized fire brigade established under 8 AAC 61.010,Subchapter 01.1302(a)(1),and
a wildland fire suppression organization within the Alaska Department of Natural Resources,Division of
Forestry,the United States Forest Service,or the United States Bureau of Land Management/Alaska Fire
Service.
(47) "impairment of visibility" means a humanly perceptible change in visibility such as visual
range,contrast,or coloration,from that which would exist under natural conditions.
(62) "open burning" means the burning of a material that results in the products of combustion
being emitted directly into the ambient air without passing through a contaminant outlet.
(64) "organic vapors"means any organic compound or mixture of compounds evaporated from
volatile liquid or any organic compound or mixture of compounds in aerosols formed from volatile liquid.
(74) "practical means available"means,when approving the open burning of liquid hydrocarbons
produced during oil or gas well testing,that all alternative disposal methods will have been analyzed and,
where an environmentally acceptable procedure exists, it will be required.
Page 6 of 13
• Open Burning Policy& Guidelines January 2006
(75) "putrescible garbage"means material capable of being decomposed with sufficient rapidity to
cause nuisance or obnoxious odors.
(78) "reduction in visibility"means the obscuring of an observer's vision.
(81) "responsible official"means:
(A)for a corporation,a president,secretary,treasurer,or vice-president of the corporation in
charge of the principal business function, or any other person who performs similar policy or
decision making functions for the corporation,or a duly authorized representative of that person if
the representative is responsible for the overall operation of one or more manufacturing,
production, or operation facilities applying for or subject to a permit under AS 46.14 or this
chapter,and
(i) the facilities employ more than 250 persons or have gross annual sales or
expenditures exceeding$35 million in second quarter 1980 dollars;or
(ii) the delegation of authority to the representative is approved in advance by DEC;
(B) for a partnership or sole proprietorship,a general partner or the proprietor,respectively;
and
(C) for a public agency, a principal executive officer or ranking elected official; for the
purposes of this chapter, a principal executive officer of a federal agency includes the chief
executive officer with responsibility for the overall operations of a principal geographic unit in this
state.
(85) "smolder"means to burn and smoke without flame.
(96) "uncontaminated fuel"means a hydrocarbon fuel, excluding propane,that does not contain
used oil,crude oil,or a hazardous waste.
18 AAC 50.245. AIR EPISODES AND ADVISORIES.
(a) The DEC will,in its discretion,declare an air episode and prescribe and publicize curtailment
action when the concentration of an air contaminant in the ambient air has reached, or is likely in the
immediate future to reach,any of the concentrations established in Table 5 in this subsection.
(b) The DEC will declare an air quality advisory when,in its judgment,air quality or atmospheric
dispersion conditions exist that might threaten public health.
(c) If the DEC declares an air quality advisory under(b)of this section,the DEC will
(1) request voluntary emission curtailments from any person issued a permit under this
chapter whose facility's emissions might impact the area subject to the advisory; and
(2) publicize actions to be taken to protect public health. (Eff. 1/18/97,Register 141)
Page 7 of 13
Open Burning Policy& Guidelines January 2006 •
Table 5-Concentrations Triggering an Air Episode
Concentration
Episode Type Air Contaminant (micrograms per cubic
meter)
Sulfur dioxide 365 (24-hour average)
PM-10 150(24-hour average)
PM-10 from wood
Air alert burning(wood 92(24-hour average)
smoke control
areas)
Carbon monoxide 10,000(8-hour average)
Sulfur dioxide 800(24-hour average)
Air warning PM-10 350(24-hour average)
Carbon monoxide 17,000(8-hour average)
Sulfur dioxide 1,600(24-hour average)
PM-10 420(24-hour average)
During an air alert,a
PM-10 from wood concentration measured
Air emergency burning(wood or predicted to exceed 92
smoke control (24-hour average),and to
areas)
continue to increase
beyond the concentration
that triggered the air alert
Carbon monoxide 34,000(8-hour average)
Authority: AS 46.03.020,AS 46.14.010,AS 46.14.020,AS 46.14.030, Sec. 30,ch. 74, SLA 1993
ARTICLE 4.USER FEES.
18 AAC 50.400.PERMIT ADMINISTRATION FEES.
(1) Except as provided in(m)(10)of this section,the fee for DEC approval of open burning
under 18 AAC 50.065 is $200.
(m) Unless the designated regulator service is subject to a fixed fee set out in(a)—(1)of this
section,or to the terms of a negotiated service agreement under AS 37.10.052(b)and 18 AAC 50.405,
the permittee,owner,or operator shall pay an hourly permit administration fee for a designated
regulatory service. The DEC will calculate the total amount due under this subsection by multiplying
the number of hours the DEC spent to provide the designated regulatory service by the hourly rate of
salary and benefits of the DEC employees who provided the designated regulatory service,and by
adding to the resulting amount any other direct costs. Designated regulatory services subject to this
subsection include regulator services for:
(10) DEC approval of open burning under 18 AAC 50.065,if the DEC determines
that smoke incursion into a public place, into an airport,into a Class I area, into a
nonattainment area for CO or PM-10,or into a maintenance area for CO or PM-10 is likely.
(Eff. 1/18/97,Register 141;am 6/21/98,Register 146; am 10/1/04,Register 171;am 12/1/04,
Page 8 of 13
• Open Burning Policy& Guidelines January 2006
Register 172)
Authority: AS 44.46.025, AS 46.14.140,AS 46.14.240,AS 46.03.020,AS 37.10.050,AS 37.10.052,
AS 37.10.058
AREA-WIDE POLLUTANT CONTROL EFFORTS
FOR OPEN BURNING
Control of open burning incidences for air pollution is the responsibility of the DEC. Open burning is
defined as,"the burning of a material that results in the products of combustion being emitted directly into
the ambient air without passing through a contaminant outlet." All open burning in the state, whether
requiring written approval from the DEC or not, must be done in a way that maintains maximum
combustion efficiency throughout the burning period.
Open burning at landfills is also controlled by solid waste disposal regulations, 18 AAC 60.355. Open
burning is prohibited at Class I and II landfills.
MATERIALS THAT CANNOT BE OPEN BURNED:
• Spill absorbents and contaminated soils that are RCRA hazardous waste.
• Pesticides,halogenated organic compounds,cyanic compounds or polyurethane products burned in a
way that gives off toxic or acidic gases or particulates.
• Putrescible garbage,animal carcasses,or petroleum-based materials burned in a way that causes odor
or black smoke that may have an adverse effect on nearby persons or residences.
• Electrical batteries,all types and sizes.
• All liquid-form paints(e.g. in cans).
• Lead-based painted wood debris, if classified as RCRA hazardous waste. For more guidance
concerning wood with lead-based paint,please contact EPA RCRA office,Diane Richardson,at
907-271-6329.
• All solvents, except those composed of water and soap/detergent solutions.
• All aerosol cans,except that those do not use chloro-or fluoro-carbon propellants.
• Asbestos or any metals or alloys containing beryllium, chromium, cobalt, arsenic, selenium,
cadmium,mercury, lead,or any radioactive wastes.
• Any electrical or electronic lamps or components that contain any of the above metals/alloys
(including fluorescent,high-pressure sodium,mercury vapor and metal halide lamps).
• Any plastics or other materials containing chlorine as an essential component (such as Polyvinyl
Chloride-PVC pipe). However,empty containers containing salt residue maybe burned(salt is any
metal chloride used for thawing or ion exchange).
• Tires.
• Treated wood containing compounds such as creosote,napthlate, or tar.
Page 9 of 13
Open Burning Policy& Guidelines January 2006
WHO NEEDS WRITTEN APPROVAL?
Certain types of open burning require written approval from the DEC prior to the incident. These include:
1. Controlled Burning For Land Clearing:
Open burning of woody debris material by farmers and developers requires written DEC approval if the
intent is to clear and burn 40 acres or more per year. DEC will,in its discretion,require public notice.
Open burning should be done,as rapidly and safely as other considerations permit,to develop maximum
heat energy per unit time and vent the smoke to the highest elevation possible. The burn material should
be as dry as possible to create a high heat energy, less smoke,and a more efficient burn.
2. Controlled Burning For Resource Management(Prescribed Burning):
Prescribed burning, intentionally set fires to burn off ground and forest cover is usually,but not always,
done by land management agencies. Prescribed burning is subject to obtaining written DEC approval if the
intent is to clear 40 acres or more in a year. DEC will,in its discretion,require public notice.
Since prescribed burning is the burning of ground cover, the normal requirements of "maximum
combustion efficiency" do not completely apply. Land Management Agencies, when conducting
prescribed burning, shall follow the Alaska Smoke Management Plan.
3. Fire Fighter Training:
Fire fighter training using structures or fuels must be conducted pursuant to 18 AAC 50.065(b),(h),and(i)
and requires written DEC approval. Public notification is required unless DEC issues a written waiver for
burns conducted in remote areas,where the news media is not generally available,or where no public will
be affected.
A fire service may ignite and conduct training on only one main structure and its associated smaller
structures at a time; examples of associated smaller structures are garages, sheds,and other outbuildings
within close proximity to the main structure. Structures must be inspected for hazardous wastes and other
nonburnables prior to ignition. Materials listed on the "MATERIALS THAT CANNOT BE OPEN
BURNED"list(page 9 of this Guidance)are to be removed from the structure prior to ignition.
A fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly
for fire fighter training without prior DEC approval,provided that the fire service give public notice of the
event before burning more than 20 gallons of fuel and responds to complaints in accord with 18 AAC
50.365(j)and(k)respectively.
Fire fighter training shall be conducted pursuant to 18 AAC 50.065(b)and(h)and is subject to written
DEC approval. Public notification is required according to 18 AAC 50.065(j).
4. Burning Materials that Produce Black Smoke:
Open burning of petroleum-based materials,asphalt,rubber products,or other materials in a way that give
off black smoke is subject to obtaining written DEC approval. In addition,DEC will, in its discretion,
require public notice.
Page 10 of 13
Open Burning Policy & Guidelines January 2006
Open burning should be done using reasonable procedures to minimize adverse environmental effects and
limit the amount of smoke generated.
Open burning of oil or gas well flow tests must conform to 18 AAC 50.065(b)(1) and the guidance
contained in the In situ Burning Guidelines for Alaska. DEC intends to eliminate open burning of liquid
hydrocarbons because alternative measures are generally available. If alternatives become unusable
because of equipment breakdown or inclement weather,such events do not constitute the non-availability
of alternatives.
OPEN BURNING PROHIBITION:
Open burning can be prohibited on an area-by-area basis if DEC issues an air quality advisory covering the
area of concern. This advisory can be for a maximum of twenty-four hours but may be renewed daily. The
advisory will be based on an assessment that inadequate air ventilation is available which would inhibit the
dispersal of pollutants, such as inversions and low wind speeds.
BURN PLAN APPROVAL GUIDELINES
APPROVAL ISSUANCE:
Volume II, Section III-F of the Alaska Air Quality Control Plan incorporated by reference under 18 AAC
50.030 lists the requirements for obtaining approval to open burn. DEC has up to 30 days to issue an
approval. Written approval is not automatic but must be evaluated for conformance with the following
guidelines.
A contingency plan should be prepared in case of unforeseen changes in weather or other uncontrollable
parameters that would affect your bum and the resultant smoke. Persons with approval must curtail their
fire if air in the area is becoming overloaded or local weather factors would create smoke problems,even
though no other restrictions have been imposed(i.e.wind moving directly into sensitive areas,inversions,
etc.).
If any safety hazard is present,you must extinguish the fire as soon as possible. You will be held legally
responsible for any accident or adverse health effects that occur because of your open burn.
The guidelines of a burn plan should include the following:
1. Indicate the location, duration, and inclusive dates considered for the burn:
Indicate the type and quantity of material,the condition,and the expected duration of both single events
and the entire burning project. Changes or additional information for the burn plan can be discussed at
the time of DEC notification by phone.
2. Identify the location of all sensitive features that might be impacted by smoke:
The applicant should list all population centers, including airports, medical facilities, schools (in
session), and numbered Alaska highways, that are within an appropriate radius of the project. The
"appropriate radius" should include an adequate margin of safety to include all potentially impacted
sensitive populations and activities.
Page 11 of 13
Open Burning Policy& Guidelines January 2006 ,
3. Indicate how the public will be informed prior to,during,and after the burning:
A successful burn is one in which no complaints are received. The best way to do this is to make sure
everyone around you knows when the burn will occur so that they can take steps to either avoid the
smoke or tolerate it. Your direct contact phone number should be publicized so that public can contact
you if need be. In the case of fire training,notify the public through news media.
4. Indicate how you will coordinate with other concerned agencies,including authorities of sensitive
features:
Indicate how you will notify all concerned agencies,including authorities in control of sensitive features
identified in Item 2(such as the FAA,State Troopers,military,fire department,adjacent land managers,
etc.)who are potentially affected by visibility or adverse smoke impacts prior to ignition. Indicate if
you obtained a permit and notified the Forestry Division of the Department of Natural Resources.
5. Indicate where the weather forecasts will be obtained and how it will be used to prevent smoke
impacts:
Identify how the weather forecast will be obtained during the open burn. Parameters that should be
obtained are the predicted visibility,wind direction, and wind speed.
6. Indicate how weather changes will be monitored and what will be done to reduce or mitigate
smoke impacts if unfavorable weather should occur after ignition:
Indicate how the weather forecast will be monitored throughout the open burn. Identify what you do if a
wind shift or other weather change begins to create an adverse smoke impact on sensitive feature
identified in Item 2. For example,if you expect an inversion to occur during the night,you would put
the fire out at the end of the day. If any safety hazard is present or if requested by the authority of a
sensitive feature,you must extinguish the fire as soon as possible.
7. Indicate what will be done to predicted smoke dispersion:
Indicate how you will predict smoke dispersion.If a recommended method(smoke bomb,test fire,etc.)
fails to indicate that acceptable smoke dispersion will occur,no fires will be ignited. "Unacceptable
smoke dispersion" is defined as an unacceptable decrease in air quality for any sensitive feature
identified in Item 2.
8. Indicate what will be done to enhance the active fire phase and reduce the smoldering phase:
Indicate what will be done to enhance the active fire phase and reduce smoldering. For example,
material should be stacked in order to enhance oxygen flow to the flames.
For land clearing,indicate if you will conform to the following: berm piles should contain less than five
percent of non-combustibles(soil,ice or snow);be readily extinguishable by the applicant within two
hours;be loosely stacked to allow for natural draft;be cured for at least one year prior to ignition;and
be no longer than 1000 feet without a firebreak.
Page 12 of 13
' • • Open Burning Policy & Guidelines January 2006
9. Indicate how sensitive features will be contacted if visibility decreases:
Authorities having control over sensitive features identified in Item 2 will be notified if visibility is
expected to be decreased to less than three miles for greater than 30 consecutive minutes and/or 180
minutes during a 24-hour period. Indicate how you will notify authorities of sensitive features if this
occurs. If any safety hazard is present or if requested by the authority of a sensitive feature,you must
extinguish the fire as soon as possible.
10.Identify alternative disposal options for material being open burned:
For fires other than fire fighter training,evaluate alternatives to open burning must demonstrate that
open burning is the only feasible alternative. Identify if you looked into other options of disposal,such
as marketing timber with a lumber company.
11.Indicate how you will coordinate with air quality authorities having jurisdiction:
Indicate that you will notify DEC by telephone at least 24 hours prior to ignition Monday thru Friday
between 8:00 AM and 4:30 PM excluding State holidays: (907)269-7577 (Anchorage Administrative
Clerk), (907) 451-5173 (Fairbanks Administrative Clerk), or (907) 456-5100 (Juneau Administrative
Clerk).
Identify your name, location of burn,contact phone number,what your test burn was like,how long
you expect the active fire phase and the smoldering phase to last, and what kind of notification
procedures you have done.
HOW TO OBTAIN OPEN BURNING APPROVAL:
The applicant shall submit an application for the proposed open burning, which addresses each of the
eleven concerns specified above. Application forms are available from DEC, or at
http://www.state.ak.us/dec/air/ap/applic.htm.
Please note that there are fees for open burning approvals. With each open burn application,the applicant
shall submit a$200 retainer payable to the State of Alaska, DEC. The cost of the approval will be$200
unless DEC determines that there may be smoke incursion into a public place,into an airport,into a Class I
area,into a non-attainment area for CO or PM-10,or into a maintenance area for CO or PM-10. If DEC
determines there may be smoke incursion, then DEC will notify the applicant that DEC will charge an
hourly administrative fee and direct costs for approval processing and administration. DEC will prepare
and send a monthly invoice itemizing fees and direct costs to the applicant.
Open burning in compliance with these guidelines or with the approval conditions does not exempt any
person from any civil or criminal liability for consequences or damages resulting from such burning,nor
does it exempt any person from complying with any other applicable law, ordinance, regulation, rule,
permit,order,or decrees of this or any other governmental entity having jurisdiction.
For Open Burning Questions Contact:
Interior Alaska: Jamie McKellar, (907)451-3146
South Central and SW Alaska: Jesse Jack,(907)269-4718
Southeast Alaska: Denise Wiltse, (907)465-5117
Page 13 of 13
6/j i -
SeaViej
Community Services
Domestic Violence/Sexual Assault Program
302 Railway Ave. •PO Box 1045 • Seward, AK 99664
Phone: 907-224-5257 • Fax: 907-224-7081
24 Hour Crises Line:907-224-3027
Thank you Mayor Bardason and City Counsel Members for allowing me this opportunity to talk to you
about my program. For those unfamiliar with the DVSA program has provided services to victims since
1989. We are unique in the state as we are 1 of 2 shelterless programs out of the 18 member programs
around the state and our program is staffed and run by only one person, all other programs have full
staffs to service victims and their communities.
The DVSA programs non shelter approach was founded on the belief that victims and children should be
able to remain in the home while the offender must leave, and this was able to happen by filing
restraining orders against the offending partner. We still operate under this approach but with the cost
of living and it taking two incomes to run a household, and often times the offender has the majority or
sole income and withholds money from the victim to cover household expenses.This among many other
factors make it hard for the victim to safely remain in their home.
We offer a wide range of services and support to victims, and since we do not operate a shelter we
provide shelter nights which is typically a 3-4 night stay to victims in immediate danger at undisclosed
locations in Seward. If a victim should need longer shelter nights and money is not available we can
transport victims to the nearest shelter which is Kenai or Anchorage.This makes it very hard if the victim
has a job in our community, support systems here, or children in school. It's sad to say but most victims
opt to return to their abuser then leave town.
When our program first started it was run effectively for years due to several people; one of which is
Marianna Keil. Over the last few years, however, our program has suffered some staffing issues that has
left the position filled for a short periods of time along with no one to run it for several months at a
time. With only one person running the program; each new staff person is faced with the constant
rebuilding of the program.
In 2012 our program provided 21 shelter night to victims of violence, during that year the position of
DVSA Coordinator was empty for a few months.
I was hired in November of 2012, and from Jan.—June of 2013 we provided 69 shelter nights to victims
in need. From July to December we provided 59 shelter nights. We also had 204 shelter nights in 2013
that we could not provide due to (1) lack of funding, (2)no available locations to use, (I have found that
in the summer months at the peak of our tourist season it is nearly impossible to find an available
location for victims) and (3)the victim had a job or children in school and did not want to leave town. So
far this year I have provided 30 shelter nights. Three of the victims I have provided services for in the last
year have been male, and I have not had a victim seek services more than one time.
Our program is funded 85% by the CDVSA which is a state grant—the other 15%is provided through
local funds. Our current grant dollars are not enough to provide the number of shelter night we need, so
we have begun vigorous fundraising efforts to enable continued services for victims in our community.
Based on the number of victims we have seen, with the program gaining recognition and growing in the
community,we can only assume more victims will come forward. Another problem the program faces is
that as our efforts in raising money for shelter nights continues, it makes it hard for the only staff
person to provide the outreach and education to our community that it needs. We are also in the very
early stages of looking at a potential shelter here in Seward for victims, but much needs to be done
before this could become a reality.
I would just like to let you know about a few of our fundraising efforts:
1. 2"d Annual Seward Spring Carnival-April 5, 2014 from 11-3pm at ship terminal. April is Child
Abuse Awareness Month and this is a prevention carnival for kids from preschool to high school
where we will offer many tools for parents and kids to keep their child safe including bullying
prevention, child ID kits, keeping their bodies safe, and more. We have tons of games and prizes
for kids of all ages and it is a fun day and raises money for our program.
2. 1st Annual Ride for Respect Poker Run- Motorcycle run from Anchorage to Seward on June 7,
2014 to raise money for victims of violence-we are expecting a few hundred participants at this
event. If you would like to be part of the event and do not have a motorcycle we will have
participants following the motorcycles back to Seward. Registration is open for this event.
Finally on March 27th we will participate as a community in Governor Sean Parnell's Choose Respect
March I invite and encourage you all to come out and take a stand against violence and in honor of
survivors and victims of violence. We will meet at 5:15pm at the AVTEC gym, march down 4th Ave to
SeaView Community Service where we will serve light refreshments.
Thank you again for your time this evening and allowing me to express the needs of victims in our
community.