LIHU‘E — When backyard burning was banned on Kaua‘i this past April, there were some exceptions, including the burning of agricultural waste. To do such burning, farmers must obtain an agricultural burning permit from the Department of Health Clean Air
LIHU‘E — When backyard burning was banned on Kaua‘i this past April, there were some exceptions, including the burning of agricultural waste.
To do such burning, farmers must obtain an agricultural burning permit from the Department of Health Clean Air Branch. While one anonymous applicant complained about the application process and the permit’s restrictions, another feels it’s fair game.
“It’s almost impossible to run a business,” said a caller who asked to remain anonymous, after trying to obtain a permit.
Her first difficulty was finding the department responsible for issuing the permit.
“Even people who are trying to comply are not getting information and the information we’re getting is not accurate,” she said, after inquiring at some county offices and then finally ending up with the health department.
The information “needs to be online so those trying to comply can comply,” she said.
She went on to itemize what she said were excessive application requirements: “You have to provide a plot plan showing the direction of the prevailing winds, pay $50, and provide a GET number and your last tax return.”
In addition, she said, “You can only burn the actual ag product or byproduct but no weeds — as well as wait for an inspector to inspect the property. And you need to be (present).”
She added, “There are no modifications to green waste; they haven’t upped the capacity of the green waste (disposal options); there is only one field inspector on the island; you have to go the health department and there’s no answering machine or voice mail; and no one was allowed to give the personal cell phone number of the field inspector.”
General instructions on the application updated in May include that the permit may be issued only to “bona fide agricultural operations” and that applicable fees are non-refundable; an inspection will be made of the property to verify the operation; and that permits are valid for one year.
Regarding tax returns, O‘ahu CAB inspector Crystal Peltier said that they can ask for tax returns to prove that the applicant is a legitimate business.
“Sometimes non-ag businesses will apply just to clear properties, so that’s why we ask to prove that it’s a legitimate ag business,” Peltier said.
Specific instructions on the application ask for a General Excise Tax (GET) license number, GET status, acres to be burned, property size, reason for burning, materials to be burned and proposed start date.
The application also asks for the specific address of the burn location, including a map which shows relationship of the surrounding area to the burn area, and to identify fields, acreage, prevailing wind conditions and showing all designated types of buildings, schools, airports and major highways.
Googling “Kaua‘i agricultural burn permit” does bring up a Web site for the County of Kaua‘i for State of Hawai‘i licenses and permits.
However, while it does associate burning permits with the health department, it does not give any local address, phone numbers or links to any further information or applications.
For more information, interested applicants should Google “DOH Clean Air Branch” which does offer instructions and applications for the burning permit.
Paul Huber, who has been a Moloa‘a farmer since 1996, said ultimately, he doesn’t see the rules as being more restrictive than in the past 10 to 15 years.
“With the banning of backyard burning, there’s more scrutiny because of those claiming ag status. If you’re on the edge and doing what’s not legitimate in ag, they’re going to question you,” he said.
The only agricultural burn inspector on the island is Rodney Yama, who was not available for comment last week due to a training workshop.
“He’s very accommodating and very reasonable,” said Huber, who has worked with Yama in the past.
Rules aside, Huber said, “Even if you have a perfect right to (burn), you still should think about your neighbors. Most farmers would do that. The rules are for people who are playing the edge.”
• Jane Esaki, business writer, can be reached at 245-3681 (ext 257) or by emailling jesaki@thegardenisland.com.
