13-24

13-24.01 Failure to Report or Control Fire

It shall be unlawful for any person, knowing that a fire is endangering life or property, to fail to take prompt and reasonable action to give a fire alarm to an individual, agency, or organization having a duty to deal with such emergency. Upon conviction, imprisonment shall not exceed one (1) year or $5,000.00 fine or both jail sentence and fine, plus costs.

13-25.01 Throwing Away Burning Materials - Starting Prohibited Fires - Permitting Fire to Spread

Any person who shall:

(A) throw away any lighted or burning tobacco, cigarettes, matches, or other lighted materials;

(B) kindle or start a fire on land owned or controlled by him/her, or who permits or allows other persons to do so when such a fire is prohibited by this Chapter;

(C) kindle or cause any fire to be kindled other than in a building within a receptacle designed for such fire, and leave said fire without totally extinguishing the same or permit said fire to burn or spread beyond his/her control;

(D) allow, suffer, cause, or permit to be burned any of the following materials:

(1) food and other garbage of moisture content so high as to prevent maintenance of a visible flame;

(2) dead animals or parts thereof;

(3) junked motor vehicles or any materials resulting from a salvage operation;

(4) tires or other rubber materials or products;

(5) plastics;

(6) asphalt or composition roofing or any other asphaltic material or product;

(7) tar, tar paper, waste or heavy petroleum products, or paints;

(8) lumber or timbers treated with preservatives;

(9) trade waste other than dry, untreated vegetable material and products;

(10) insulated wire;

(11) pathogenic wastes; or

(12) hazardous wastes shall be deemed guilty of an offense and upon conviction

thereof, shall be sentenced to a period of confinement not to exceed one (l) year, or

to pay a fine not to exceed $5,000.00 or both jail sentence and fine, plus costs.

13-26.01 Open Burning - Starting, Maintaining, Permitting Fire Without Permit

Open burning shall be defined as the kindling, maintenance, or permitting of a fire within the exterior boundaries of the Reservation at any place other than within a building and within a receptacle designed for such fire or burning material. It shall be unlawful for any person to conduct or to allow, suffer, cause, or permit to be conducted any open burning during:

(1) any period in which the Superintendent of the Northern Idaho Agency or

the Council have prohibited open burning; and

(2) at all other times except as provided in this Section.

(A) The purpose of Section 13-26.01 is to protect public health and welfare from direct fire damage and from air contaminants resulting from open burning.

(B) Compliance with Section 13-26.01 does not exempt or excuse any person from complying with applicable laws and ordinances of other governmental jurisdictions responsible for fire control or hazardous material disposal or from liability for damages or injuries which may result from open burning.

(C) The provisions of Section 13-26.01 are not intended to interfere with the rights of any city or county to provide equal or more stringent control of open burning within their respective jurisdictions.

(D) Categories for which no permit is required. No permit is required for the following categories of open burning when done according to prescribed conditions. Unless specifically exempted, each category in this section is subject to all of the provisions of Paragraph D, Section 13-25.01.

(1) Recreational and Warming Fires. Open outdoor fires used for the preparation of food or for recreational purposes (e.g. camp fires, ceremonial fires, and barbecues) or small fires set for hand warming purposes.

(2) Weed Control Fires. Open outdoor fires used for the purpose of weed abatement along fence lines, canal banks, and ditch banks where the total burned area is less than one acre, suitable measures are taken to prevent escape to other areas, and moisture content is low enough to permit maintenance of a visible flame.

(3) Training Fires. Open outdoor fires used by qualified personnel to train fire fighters in the methods of fire suppression and fire fighting techniques, or to display certain fire ecology or fire behavior effects. Training fires shall not be allowed to smolder after the training session has terminated. Training fires are exempt from numbers 3), 5), 6), 7), 8), 9), and 10) of Paragraph D, Section 13-25.01.

(4) Industrial Flares. Industrial flares used for the combustion of flammable gases, the combustion products of which are non-toxic and burning of which meets EPA air quality standards.

(5) Residential Solid Waste Disposal Fires. Open outdoor fires used to dispose of solid waste (e.g. rubbish, tree leaves, year trimmings, gardening waste, etc.), excluding garbage produced by the operation of a domestic household, is an allowable form of open burning when the following provisions are met:

(a) No scheduled house to house solid waste collection service is available; and

(b) The burning is conducted on the property where the solid waste was generated and moisture content is low enough to permit maintenance of a visible flame.

(6) Dangerous Material Fires. Open outdoor fires used or permitted by a public or military fire chief to dispose of materials (including military ordinance) which present a danger to life, valuable property, the public welfare, or for the purpose of prevention of a fire hazard, when no practical alternative method of disposal or removal is available, are allowable forms of open burning.

(7) Infectious Waste Burning. Upon the order of a public health officer, open outdoor fires used to dispose of diseased animals or infested material is an allowable form of open burning. Infectious waste burning is exempt from Section 13-25.01 (D) (11).

(E) Categories for which a permit is required. The following categories of open burning may be conducted only upon the granting of a permit by the Coeur d’Alene Tribe, those other agencies as indicated, and meeting the conditions thereof in accordance with the conditions stated on the permits and the criteria of the appropriate paragraphs of this Section:

(1) Agricultural Field Burning. The use of open outdoor fires to burn agricultural fields for the purpose of:

(a) disposing of crop residues;

(b) the control of diseases, insects, pests or weed infestations; and

yields, when the provisions of Paragraph (F) are met.

(2) Prescribed Fire Management Burning. The use of open outdoor fires to obtain the objectives of prescribed fire management burning when the provisions of Paragraph (1) are met.

(3) Landfill Disposal Site Fires. The use of open fires for the disposal of solid waste at any solid waste landfill disposal site or facility, only if in compliance with an operational permit issued by the Idaho Department of Health and Welfare in accordance with the Idaho Sanitary Landfill Regulations and accompanied by a permit issued by the Tribe.

(F) Smoke Management Plan for Agricultural Field Burning. The Coeur d’Alene Tribe regulates agricultural field burning within the exterior boundaries of the Reservation. Such regulation shall be administered through the Tribe’s Smoke Management Program and according to the Smoke Management Plan. The Smoke Management Plan is adopted by the Tribal Council. The Program is instituted and supervised by the Smoke Management Program Coordinator.

(1) No person shall conduct or allow to be conducted any agricultural field burning without first registering each field with the Coeur d’Alene Tribe’s Smoke Management Program. Such registration must be completed annually. Approved forms for registering fields may be obtained at the Tribe’s Land Services Office. Registration provisions are not met unless the completed forms are received and approved by the Tribe.

NOTE: Registration does not authorize burning.

(2) After the fields are registered, the Smoke Management Program Coordinator will assess whether acceptable burning conditions exist. If conditions are deemed by the Coordinator to be acceptable, the Coordinator may issue a burn permit. Such permit is granted in accordance with the Smoke Management Plan.

(3) If the demand for conducting agricultural field burning exceeds the capacity of the atmosphere to transport and dissipate smoke during the period of August 1^st to September 30th, priority will be given in descending order to: Class I - turf grasses; Class II - cereal grain fields; Class Ill - field and forage grasses; and Class IV - other agricultural field burning. The Tribe may make priority adjustments based on written documentation of extreme economic hardship, disease outbreak, insect infestation, irreparable damage to land, or other conditions.

(4) The open burning of any grass field scheduled to be torn out shall be prohibited unless written justification is provided during registration and approved by the Tribe.

(5) The open burning of any agricultural field other than turf grass, field grass, and forage grass shall be prohibited unless written justification is provided during registration and approved by the Tribe. The Smoke Management Program Coordinator may prohibit burning of the allowed categories of fields in some years and/or areas.

(6) Any person conducting or allowing agricultural field burning shall be immediately accessible by telephone or radio during any approved burning periods. Should approval for burning be rescinded, each person shall use all reasonable efforts to extinguish on going fires and shall not start any new fires.

(7) The use of reburn machines, propane flamers, or other devices to ignite a field

shall be considered as an agricultural burning operation and as such shall meet the provisions of this Section.

(G) Fees. Any person who registers fields with the Coeur d’Alene Tribe shall pay the Tribe a fee. The fee shall be deposited in a separate account in the Finance Department and used to cover costs of administering the Smoke Management Program. The fees shall be charged in order to register fields. There is no fee charged for a burn permit. Disbursement of funds shall be authorized by the designated Smoke Management Program Coordinator only for the purpose of supporting the Program and as approved by Council.

(H) Penalty for Violations. Violation of any provisions of this Section or of the Coeur d’Alene Tribe’s Smoke Management Program shall constitute a civil violation and subject the violator and/or owner to a civil penalty of $500.00, plus a charge of $10.00 for each acre burned in violation.

(I) Burning Permits for Prescribed Fire Management Burning.

(1) Whenever a burning permit or prescribed fire plan is required by the Idaho Department of Lands, U.S.D.A. Forest Service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed burning within the exterior boundaries of the Reservation shall meet all permit and/or plan conditions and terms which control smoke.

(2) The Tribe will cooperate in interagency agreements which assure permits or plans, issued by agencies referred to in subparagraph (I) 1 of this paragraph, and provide adequate consideration for controlling smoke from prescribed burning.

(3) Rights of Way Fires. The open burning of woody debris generated during the clearing of rights of way shall be open burned according to the Idaho Department of Land’s “The Idaho Forestry Act, Fire Hazard Reduction Law, Rules and Regulations Pertaining to Forest Fire Protection”, as well as the provisions of Sections 13-25.01 and 13-26.01.