| Frequently
Asked Questions |
|
|
| Disclaimer:
This article does not constitute legal
advice. For your jurisdiction's specific
situation you need to consult your County
or District Attorney, or, if you are a
non-government, your attorney. The purpose
of this article is to lay out some
general guidelines for understanding and
using Texas Health & Safety Code
Chapters 341, 343 and 365, Texas Water
Code Chapter 7, the Texas Outdoor Burning
rule and other Texas statutes and rules to
fight illegal dumping and burning in your
jurisdiction. |
|
|
|
|
Q:
|
Can
firemen, paid or volunteer, authorize
outdoor disposal fires in Texas? |
| A: |
No. Only the
T.C.E.Q. can authorize outdoor disposal fires,
either under the published provisions found in the
Texas Outdoor Burning rule [30 Texas
Administrative Code 111(b)], a permit, or through
special order of the T.C.E.Q. Commissioner in
response to some emergency, such as burning to
remove massive amounts of debris after a tornado.
Often volunteer firemen out in the rural parts of
Texas will "stand-by" as a courtesy
while a citizen has a disposal fire. Sometimes the
firefighter will go so far as to "give
permission" for the burn. Sometimes the
burning is legal and sometime it is criminal. If
you are a fireman wanting to provide this
stand-by service, you should understand a few
realities: (1) if you don't absolutely know
if the fire is a legal one, what are you doing out
there?; (2) if the fire is an illegal one, be
aware that you may be seen as condoning or even
participating in a criminal act, which you really
don't need in your life; and, (3) legal or
illegal, the fire is still subject to Section
111.221 of the rule, entitled "Responsibility
for Consequences of Outdoor Burning."
If the community VFD stands-by an illegal burn,
out of friendly ignorance, and the fire gets out
of control and burns the neighbor's house, the VFD
guys and the organization should expect to be
part of the civil suit. And, of course, the guy
who actually started the fire -- your good friend
-- will absolutely claim that you
"allowed" him to burn, which, actually,
might be a good defense for him if he can get a
decent attorney (i.e., the defense of a
citizen relying on the advise of an apparent
official). The real question, is that of "Why
get involved in such a potential mess,
anyway?" Firemen are not
authorized to start fires (except for backfires
when fighting bigger fires and such, of course),
so why get caught up in this situation? If a call
comes to the station requesting authorization to
burn, just say "No." |
|
|