Division 1. Air Pollution

In addition to the definitions of terms contained in the State regulations, the following definitions and terminology shall apply and are applicable in the interpretation and appreciation of this Division:

Except as provided herein, a person may not set, cause, or allow an open fire without a valid permit issued by the Department.

An open fire permit is not required for any of the following:

There shall be a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for an open fire permit issued for the purpose of land clearing. There shall be a fee as prescribed in the Table of Fees, section 2-253.63, Attachment A for renewal of open fire permits for the purpose of land clearing. The fee for all other open fire permits and for permit renewals are prescribed in the Table of Fees, section 2-253.63, Attachment A. A duplicate permit will be issued, on request, at a charge as prescribed in the Table of Fees, section 2-253.63, Attachment A.

Open fire permits issued to governmental fire control agencies are not subject to a fee collection.

Open fire permits may be issued for a maximum period of thirty (30) days and, at the discretion of the Health Officer, may be renewed once prior to expiration.

An open fire permit for the Prince George's County Fire Training Academy may be issued on an annual basis.

The setting of an open fire at a location inside the Capital Beltway (I-95) is prohibited except for the following:

Whenever the Department has reason to believe that a violation of any provision of this Division has occurred, it may serve written notice upon the alleged violator. The notice shall specify the provision of the Division, rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that the necessary corrective action be taken within a reasonable time.

Any such order shall become final no later than five (5) days after the date such order is served, unless the person named in the notice requests in writing a hearing before the Department. In lieu of such order, the Department may require that the alleged violator appear before the Department for a hearing at a time and place specified in the notice, to answer the charges complained of, or in the case of willful repeat offenders, the Department may initiate appropriate action for the recovery of a penalty for a violation of this Division.

After such hearing, the Department shall affirm, modify or rescind its order, issue an appropriate new order, or enter into a Plan for compliance for the prevention, abatement or control of the air pollution involved. Such Plan shall prescribe timetables for necessary action in preventing, abating or controlling the air pollution, and for reporting progress made towards compliance.

Nothing in this Division shall prevent the Department from making efforts to obtain voluntary compliance through the use of a verbal or written warning, conference or any other appropriate means.

This Section does not authorize the Prince George's County Health Department to serve notice upon an alleged violator who has been cited by the State Health Department for the same violation.

Notwithstanding the provision of this Division or any other provision of law, if the Health Officer finds that any person is causing or contributing to air pollution and that such pollution creates an emergency which requires immediate action to protect the public health or safety, he/she shall order such person to reduce or discontinue the air pollution immediately. Such order shall be complied with immediately.

Upon issuance of any such order, the Health Officer, if requested by the person so ordered, shall fix a time and place for a hearing before the Department. The hearing shall be held within a reasonable time thereafter. Not more than twenty-four (24) hours after the conclusion of such a hearing, and without adjournment thereof, the order shall be affirmed, modified or set aside.

A person who violates any provision of this Division or any regulation in this Division shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the County Jail or other place of legal incarceration for not more than six (6) months or both. Each day of violation shall constitute a separate offense.

Action pursuant to Subsection (a) of this Section shall not preclude enforcement of this Division's rules and regulations nor orders made pursuant to this Division by injunction or other appropriate remedy. The Department shall have the power to institute and maintain in the name of the County, any and all such enforcement procedures.