Prohibitions Against Burning Trade Waste
The Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01.600–623) prohibit the open burning of trade waste. Trade waste is defined as "any solid, liquid or gaseous material resulting from the construction or demolition of any structure, or the operation of any business, trade or industry including, but not limited to, wood product industry waste such as sawdust, bark, peelings, chips, shavings and cull wood."
Contractors, Builders, and Trade Waste
For contractors, developers, and builders, trade waste includes materials generated during construction, renovation, demolition, or repair of buildings. Common construction waste materials include lumber, shingles, plywood, insulation, cardboard, and plastics. All of these materials and other wastes generated by building projects are considered trade wastes and may not be burned. Failure to comply with DEQ's rules prohibiting open burning of trade waste may result in issuance of an on-site or formal Notice of Violation (NOV) and may include the levy of monetary penalties.
Note: Obtaining a burn permit from the local fire district, Idaho Department of Lands or Bureau of Land Management (BLM) office does not confer permission to burn prohibited materials identified by DEQ’s rules. Except under certain special circumstances, DEQ’s rules cannot be countermanded by another agency.
Contractors and builders are further advised against burying solid waste. Burial of solid waste requires a Non-Municipal Solid Waste Facility Permit issued by the health district.
DEQ recommends that contractors either arrange for a Dumpster to be placed near their construction sites or self-haul waste materials to the nearest solid waste transfer station or landfill. Reusing or recycling waste material also may be an option.
CAFOs and Trade Waste
Trade waste also includes any waste generated by confined animal feeding operations (CAFOs). Such waste includes baling twine, hay bales or spoiled hay and straw, ag bags and other plastic bale wrap products, bedding materials, and silage and pesticide containers. In addition, DEQ's rules prohibit burning of most processed or manufactured materials such as garbage, tires, treated wood, plastics, insulated wire, asphalt, and hazardous waste. The burning of manure and dead animals is also specifically prohibited. For CAFOs, these materials already would be considered trade waste and would be prohibited from open burning.
DEQ recommends that CAFOs either arrange for a Dumpster or self-haul waste materials to the nearest solid waste facility. Reusing, recycling, and composting waste material also may be options.
Burning of garbage is specifically prohibited by DEQ's rules. It is permissible, however, to burn household rubbish if no scheduled house-to-house solid waste collection service is available and the burning is conducted on the property where the solid waste was generated. In areas where solid waste pick-up is available, burning of household rubbish is prohibited. Regardless of whether house-to-house solid waste collection is available, it is permissible to open burn tree leaves, yard trimmings, gardening wastes, and other organic wastes on the property where they were grown when conducted in accordance with local governmental ordinances.
Open burning to dispose of crop residue is allowed so long as it is conducted in accordance with the Rules for the Control of Air Pollution in Idaho. DEQ oversees the state's crop residue burning program on lands other than the five Indian reservations. Learn more.