The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.
Published August 8, 2018
City takes step to ban trash burning
OSAGE BEACH – The city is one step closer to regulating what can and can’t be burned in the city limits.
Last week the Board of Aldermen passed the first reading of a new ordinance that applies to open burning. The issue was originally brought to the board by city attorney Ed Rucker on May 17 of this year.
Those proposed restrictions went down in flames after several questions and complaints were brought up by the board.
The initial idea was to ban the burning of trash in barrels and that was all that was wanted. The proposed ordinance in May was massively increased to define what materials can and can’t be burned in the city and limited many burnings to only a six foot area, among many other restrictions.
The board rejected that proposal and sent it back to the city attorney to re-work it to mirror the original request.
Last Thursday night the board approved the first reading of the new ordinance without objection or comment.
In his comments to the board, Attorney Rucker said this version attempts to ban the burning of treated lumber, ban the burning of trash and household waste (burning trash in a barrel) and requiring a permit (where applicable) from the Osage Beach Fire Protection District.
If the second reading passes, the new section (505.140) will state what can and can’t be burned:
(a) The open burning of household trash rubbish waste or refuse, including garbage, is prohibited by this code without any exceptions.
(b) No person shall cause or allow the burning of household trash rubbish waste or refuse, including garbage as defined in subsection (d) below, in any open chamber or barrel.
(c) No person shall cause or allow the burning of any treated wood or lumber which is defined as any wood of lumber that has been chemically treated for any reason, including but not limited to resistance to moisture, fungi insects and pests or contains more than an insignificant amount of paint, varnish, or other coating.
(d) Before any ignition or starting of any outdoor fire, any person conducting such open burning shall first check with the Osage Beach Fire Protection District if there is a burn ban in place. If the burn is one that requires a burn permit such person shall not commence the burn without having received a burn permit.
(e) The following activities are not in violation of this article:
a. The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
b. Recreational and cooking fires or the burning of fuels for legitimate campfire, recreational and cooking purposes or in domestic fireplaces, in areas where such burning is consistent with other laws; provided that under no circumstances shall any garbage be burned.
c. Any burning conducted pursuant to an open burn permit from the Environmental Protection Agency (EPA) or Missouri Department of Natural Resources (DNR). Open burning conducted in accordance with a permit granted by the Department of Natural Resources of the state shall be done only in accordance with the terms and conditions of the permit.
d. A controlled burn of dead grass and vegetation less than one foot in height is permitted on a residential premise when attended by and adult with sufficient equipment to control or extinguish the fire.
The board was mainly concerned with people who would burn their trash instead of using a trash service. In addition, due to the chemicals used in treated wood, they didn’t want any treated wood burned in the city.
The new ordinance appears to have satisfied the board.
In other business at last week’s Board of Aldermen meeting:
• Approved the second reading of a change in the city sign ordinance which affected political signs on private property.
Due to court rulings, political signs are considered free speech and cannot be restricted to a certain time period.
• Approved the second reading of a new collection agency for the city, Commercial Acceptance Company.
The board approved the first reading of the following bills:
• A contract with Travis Hodge Hauling, LLC for Bentwood Road Repair.
This project is to remove and replace the subgrade and asphalt on Bentwood Drive. The city received four bids with Travis Hodge being the lowest.
• A bill that will amended the sewer design guidelines
• A bill that will delete Section 215.050 through 215.190 (dealing with litter and trash in the city) and accepting a new Section 215.050 through 215.190.
The board also had a discussion on a possible use tax for city residents. If the board does go ahead with a proposal for a use tax, then it will be on the November ballot.
If approved by voters, this will be another source of revenue for the city.
The second reading of the above bills should be done at the next Board of Aldermen meeting in August.
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