Saturday, January 31, 2004

State regulation bans burn barrels

Joe Warren El Defensor Chieftain Reporter jwarren@dchieftain.com

Burn barrels will be a thing of the past if the New Mexico Environment Department has its way as new state regulations banning the burning of household trash have gone into effect.

The regulations, which were effective Dec. 31 ban everyone in the state from burning household trash. This does not include vegetation such as weeds or yard waste, but those are also addressed in the regulations with strict guidelines.

Brad Musick, an analyst for the department, said the ban will affect everyone in the state who burns trash "regardless of what type of household" it is. This includes agriculturists and those in rural areas.

"We had worked for a whole year working on this issue," Musick said. He said the department has been designing the regulations since January of 2003. Musick also anticipated there will be many people upset with the new regulations.

"There will be problems because this is the first change (in open burning regulations) since 1971," he said. "A lot of problems and issues built up over the years."

Musick cited the change in materials being burned now when compared to decades ago as being the main reason for the change.

"One of the things that is different is what is in the trash from what it was 50 years ago," he said. "There are a lot more man-made materials (now)."

The analyst said that dioxins and PCBs (polychlorinated biphenyls) were detected when studying the burning of household trash. Musick said these toxins have been linked to cancer and reduced immune response in humans.

"Recent studies show burn barrels or backyard piles for burning trash are the primary contributors for releasing these toxins," he said.

Musick said the ban will affect about 200,000 people in the state. Socorro County Solid Waste Director Michael Jojola said the ban will involve the majority of residents in the county.

"I'd say 60 percent of people burn their trash," he said.

Socorro County Manager Jody McSmith said the ban will be tough for many people in the county.

"For the rural people, that puts a real hardship on them," she said.

Jojola said the ban will drastically increase the number of people using the dump and the transfer stations.

"It will probably double or triple our trash collection," he said.

McSmith had questions as to how well the regulations will work.

"I don't know that anybody is going to enforce it," she said.

Musick said enforcement will be done initially in the form of education.

"Since this is a requirement that affects so many people scattered in rural areas, we are going to make efforts in education and outreach," he said. "Enforcement will probably be mostly complaint driven."

Musick said his office at the Air Quality Bureau of the department fields about 800 calls each year complaining about open burning.

"It's the single-largest source of complaints for the bureau in the Environment Department," he said.

He also said that residents are not likely to see inspectors snooping around their areas to enforce these regulations.

"We don't have a host of inspectors making sweeps through neighborhoods," he said.

Not abiding by open-air regulations is a petty misdemeanor. The agency does have the authority to levy fines and Musick said they would do so if someone is found to be egregious in their defiance of the regulations.

In a summary of changes obtained from the Air Quality Bureau (which recommended the regulations) people burning household waste have until June 1 of this year to become compliant.

However, if residents have curbside service or are less than 10 miles by road from a disposal site, the ban is effective immediately.

Those living further than 10 miles from a disposal site can continue to burn trash up to June 1, but they must do so more than 300 feet away from any neighbors' property.

That 300-foot buffer is also mandatory for burning vegetation.

Other guidelines for burning vegetation include a time-of-day window that is from one hour after sunrise to one hour before sunset.

Also, the nearest fire department or local fire authority must be notified prior to burning.

It is no longer necessary to obtain a permit to burn vegetation, but the guidelines are set up.

The regulations for burning vegetation also apply to small-scale prescribed and agricultural burning.

More information on the open burning regulation is available at the department Web site: www.nmenv.state.nm.us/aqb/.

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