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Substitute House Bill No. 5727

PUBLIC ACT NO. 96-64

AN ACT CONCERNING CONTROL OF OPEN BURNING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Subsection (f) of section 22a-174 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) The commissioner shall allow residents of any municipality, by permit, to burn brush on the property where they reside and he shall allow the burning of brush in municipal landfills, by permit to the fire marshal of the municipality where such landfill is located, except (1) when national or state ambient air quality standards may be exceeded; (2) where a hazardous health condition might be created; (3) when the forest fire danger in the area is identified as extreme and where woodland or grass land is within one hundred feet of the proposed burn; (4) where there is an advisory of any air pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case of a municipal landfill, when such landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit for the burning of brush in any municipal landfill shall be issued no more than six times in any calendar year. The application by any fire marshal must be submitted to the commissioner with the approval of the chief elected official of the municipality in which the municipal landfill is located. The commissioner shall approve or disapprove an application for the burning of brush in a municipal landfill, within a reasonable time of the filing of such application, and in accordance with the regulations pertaining to open burning adopted by the commissioner pursuant to subsection (a) of this section, provided the burning of leaves, demolition waste or other solid waste deposited in such landfill shall be prohibited. The commissioner shall require the payment of an application fee of two hundred fifty dollars for commercial applicants, and the payment of an inspection fee of two hundred fifty dollars for such applicants and the payment of an inspection fee for municipal applicants of one hundred twenty-five dollars. On and after July 1, 1995, such fees shall be as prescribed by regulations adopted by the commissioner in accordance with chapter 54. NOTHING IN THIS SUBSECTION OR IN ANY REGULATION ADOPTED PURSUANT TO THIS SUBSECTION SHALL AFFECT THE POWER OF ANY MUNICIPALITY TO REGULATE OR BAN OPEN BURNING WITHIN ITS BOUNDARIES FOR ANY PURPOSE.

Approved May 7, 1996. Effective October 1, 1996.

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