(a) Open burning of tree, yard and garden trimmings that are collected by the County through regular roadside collections is prohibited. However, open burning is permitted for the disposal of leaves located on the premises of private property by the residents of such property, provided that the following conditions are met:

(1) Leaf burning shall not be conducted on Sundays or on local, state, or federal legal holidays, nor shall it occur between the hours of 9:00 p.m. and 9:00 a.m.

(2) Leaf burning shall be conducted in small piles. The term "small pile" shall be governed by common sense, and shall mean generally the smallest size pile which reasonably will allow the leaves to be disposed of effectively.

(3) Leaf burning shall be attended constantly until the fire is completely extinguished.

(4) Water, sand, dirt or fire extinguisher(s) shall be available at the burn site and in quantity sufficient to completely extinguish the fire.

(5) The burn pile shall not be less than two hundred and fifty (250') feet from any occupied dwelling other than a dwelling located on the property where the leaf burning is being conducted.

(6) The location of any open burning shall not be less than fifty feet (50') from any structure, and provisions shall be made to prevent the fire from spreading to within fifty feet (50') of any structure.

(7) No burning shall occur in roadside ditches or on any public or private road.

(8) No burning shall occur in any public or private drainage facility.

(9) No burning shall occur in any environmentally sensitive areas, as defined in Section 24.1-104 of this Code.

(b) Open burning is not permitted for the disposal of household refuse by homeowners or tenants, since regularly scheduled public collection service is available at the adjacent street and public roads throughout the County.

(c) Open burning is permitted for disposal of debris waste resulting from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations which may be approved by the fire official, provided the following conditions are met:

(1) All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the fire official;

(2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;

(3) The burning shall be at least 500 feet from any occupied building unless otherwise approved by the fire official, other than a building located on the property on which the burning is conducted;

(4) The burning shall be conducted at the greatest distance practicable from highways and air fields;

(5) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;

(6) The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and

(7) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.

(d) Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met:

(1) The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board;

(2) The burning shall be attended at all times;

(3) The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning construction waste, clean burning debris waste, or clean burning demolition waste;

(4) All reasonable effort shall be made to minimize the amount of material that is burned;

(5) No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Polluting Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and the fire official; no other site shall be used without the approval of these officials. The fire official shall be notified of the days during which the burning will occur.

(e) Sections 11-55.A. through D. notwithstanding, on and after January 1, 2000, no owner or other person shall cause or permit open burning or the use of a special incineration device during June, July, or August.