Getting one's neighbors to stop burning trash? (Asheville, Marshall: attorney, construction)

[westvillemama]

Tips? I have tried:
Asking them outright
Calling the fire department

Asking outright, they just nod their heads okay, okay. Calling the fire department, I watched the fire Marshall and my neighbor merrily yukking it up while my kids and I choked on fumes from burnt plastic that had blown in the windows of our home. They burn garbage in the fireplace during the winter, and in the yard all summer. Half the time my kids can't play outside because the smoke gets too toxic, what with all the plastic and g** knows what else. At least in the winter we can close our windows, you know? My chest hurts, I have a headache, and I cannot take another summer of this. HELP?

eta: We live inside the city limits, and burning ordinances say we are in our right to complain, because it's illegal to burn anywhere there is trash pickup available. How to get that enforced?

[Asheville Native]

If calling the normal number for the FD, and nothing is done, then you need to escalate this issue to the Fire Chief, and if that fails, the city/town manager, elected city officials.

[AshevilleNeighbor]

If you're in Asheville or Buncombe County, contact Kevin Lance (kevin.lance@buncombecounty.org) of the WNC Regional Air Quality Agency. He's in charge of enforcement for the Agency, which...

[quoting from their website] "...has authority over all outdoor open burning in Buncombe County. The Agency has a burning inspector that inspects land clearing for burning and dust control at construction sites. The Agency has an inspector on call 24-hrs. a days for burning, odor, dust, and industrial complaints. ..."

I have spoken to Kevin on several occasions in dealing with a neighbor of mine who burns trash sometimes. Kevin has a big territory to cover, but if you are vigilant and stick with your efforts, he will do his best to respond and help you get this situation resolved. At least that's been my impression from my interactions with him. He took action in response to my complaint and that reduced my neighbor's trash burning significantly (though I think he still does it occasionally).

If that option isn't practical for you, and going up the ladder at the Fire Department isn't effective, you could always consult an attorney about legal recourse. It may be that a firmly-worded letter from an attorney will convince them to stop.

Good luck.

[slaz]

One thing you may try, if they are like my neighbor, is wait till a burn ban is on. Call the FD and watch the tickets fly. If it stays this hot and dry for much longer they will put the ban back in place. Once they get a ticket I bet the size of the fire drops.

[Asheville Native]

Originally Posted by slaz

One thing you may try, if they are like my neighbor, is wait till a burn ban is on. Call the FD and watch the tickets fly. If it stays this hot and dry for much longer they will put the ban back in place. Once they get a ticket I bet the size of the fire drops.

Call the Fire Marshall of the county, or call NC State Forest Service, these are the people that enforce burning bans with tickets. FD does not, they will ask the person to put it out, and if they refuse, the will then call for Fire Marshall or Forest Service, or Law enforcement and then put it out.