The Herald Bulletin (November 6, 2009)

Nov. 6--ANDERSON -- As leaves fall from trees and litter yards, Madison County residents have options on how to collect and dispose of them.

One option, burning the leaves, can be popular around this time of year, but local ordinances and state laws dictate that leaf burners operate under strict rules in the process.

The Anderson Fire Department responds to open burning calls frequently in both the spring and fall, Deputy Chief Jerry Burmeister said.

According to an Anderson city ordinance, open burning is defined as "any burning of wood products wherein the products of combustion are emitted directly into the ambient air without passing through a stack or chimney."

Residences within city limits can burn items during the months of October through May if the burning is done in a non-combustible container with enclosed vented sides, a bottom and wire mesh covering, according to the ordinance. Burning is prohibited within apartment complexes and mobile home parks.

"There can be no open burning on the ground," Burmeister said.

All burning has to occur during daylight hours in Anderson with the fires extinguished by 6 p.m., and all open burns must be attended at all times.

The Anderson ordinance also says that "any burning which creates an air pollution problem, a nuisance or a fire hazard shall be immediately extinguished."

Burmeister said the Anderson Fire Department extinguishes open fires if they receive a complaint about them.

"If someone calls us and they have a breathing problem, if it's a nuisance we're going to put it out," he said. "We're going to put it out regardless."

Ann Swartz, who lives in an unincorporated area near Chesterfield, said open burning has caused health problems for her over several years. Swartz suffers from fibromyalgia and multiple chemical sensitivity, she said, conditions that are worsened each time she is exposed to smoke from open fires, including fatigue and depression.

"My blood pressure goes up," she said. "I can't breathe; I ache all over. You feel like you've been run over by a truck. When I get exposed to something like this, it all comes aback again."

Swartz said she feels better in the winter when it's too cold outside for most residents to burn, but during this time of year, her symptoms get worse. Some nights, she sleeps in her car or heads out of town to get away from the smoke from open burning, she said.

"I have not been able to find a way to keep the smoke out," Swartz said. "It's just impossible to do. I'm just trying to hang on until something changes, and if it doesn't then I don't know what I'm going to do."

Swartz has called the Indiana Department of Environmental Management to report open burns near the home she's lived in for 25 years, and she has contacted the FBI, as well, she said. She's gotten into arguments with neighbors and asked for help from the Chesterfield Fire and Police departments.

Nothing, she said, has helped.

Now, Swartz is taking her campaign against open burning to Indiana officials, sending copies of a book about multiple-chemical sensitivity to local legislators, the sheriff's department and hospitals.

Other towns around the county have their own open burn ordinances, including Frankton, which prohibits the practice between 5:30 p.m. and 6 a.m. and on Sundays. Leaves or other combustible materials must be burned "in a safe place so as not to endanger surrounding property...and shall not be burned in a manner or in such a large amount as to cause damage to others," according to the ordinance.

Lapel's open burn ordinance prohibits leaf burning and says that all other open fire must be attended at all times and occur during daylight hours. The fires will be extinguished if they create a nuisance, according to the ordinance.

Pendleton Fire Chief Danny Gardner said that town follows the state open burn law, which allows open burning during daylight hours in a non-combustible and ventilated container with sides and a bottom.

Gardner said the fall is when his department responds to the most open burn calls.

"We would probably average one every couple weeks," he said. "We don't go unless somebody complains."

Gardner said Pendleton firefighters usually give violators a verbal warning, and if the problem persists, they contact IDEM for enforcement.

The Anderson ordinance allows firefighters to fine violators for $50-2,500. Burmeister said Anderson firefighters often give verbal warnings to violators before putting out illegal open fires.

"If it continues to be a problem, they could be fined," he said.

Contact Aleasha Sandley: 640-4805,aleasha.sandley@heraldbulleitn.com.

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