40 C.F.R. § 265.382
Open burning; waste explosives
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives must do so in accordance with the following table and in a manner that does not threaten human health or the environment.
| Pounds of waste explosives or propellants | Minimum distance from open burning or detonation to the property of others |
|---|---|
| 0 to 100 | 204 meters (670 feet). |
| 101 to 1,000 | 380 meters (1,250 feet). |
| 1,001 to 10,000 | 530 meters (1,730 feet). |
| 10,001 to 30,000 | 690 meters (2,260 feet). |
Notes of Decisions
Cited in 1
case, 1983–1983 · leading case: Env't Def. Fund, Inc. v. Lamphier, 714 F.2d 331 (4th Cir. 1983).
Env't Def. Fund, Inc. v. Lamphier, 714 F.2d 331 (4th Cir. 1983). “See also 40 C.F.R. § 265.382 . . From this analysis it follows that the citizen plaintiffs here are not specially entitled to the benefits of substantive relief.”
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