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COMMITTEE ON GOVERNMENT OPERATIONS, VETERANS AFFAIRS AND CONSUMER PROTECTION 03/23/26-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 03/18/2026-REASSIGNED TO THE COMMITTEE ON GOV’T OPERATIONS, VETERANS AFFAIRS AND CONSUMER PROTECTION 03/18/2026-SPECIAL ORDERED 03/10/2026-HELD IN COMMITTEE BILL NO. 36-0232 Thirty-Sixth Legislature of the Virgin Islands February 2, 2026 An act amending Act No. 8018 to authorize the disposal of green waste using controlled incineration technologies, including air curtain incinerators, and for other purposes PROPOSED BY: Senator Clifford A. Joseph, Sr. Sponsors: Avery L. Lewis, Kenneth L. Gittens and Franklin D. Johnson. WHEREAS, the accumulation of green waste at landfill sites across the Virgin Islands 1 presents ongoing operational, environmental, and public safety challenges; 2 WHEREAS, unmanaged green waste increases the risk of uncontrolled fires and smoke 3 events that threaten nearby communities and emergency responders; 4 WHEREAS, existing law generally prohibits open burning of waste except upon specific 5 permission of the Virgin Islands Waste Management Authority under limited circumstances, 6 but does not expressly distinguish modern controlled combustion technologies from traditional 7 open pit burning; 8 WHEREAS, controlled incineration technologies, including air curtain incinerators, 9 provide a safer and more environmentally responsible means of disposing of green waste than 10 open pit burning; 11 2 WHEREAS, authorizing the Virgin Islands Waste Management Authority to utilize such 1 technologies, while preserving permitting requirements for private open burning, promotes 2 efficient waste management and public safety; and 3 WHEREAS, it is in the best interest of the people of the Virgin Islands to modernize 4 green waste disposal practices in a manner consistent with environmental protection and fire 5 safety standards; Now, Therefore, 6 Be it enacted by the Legislature of the Virgin Islands: 7 SECTION 1. Act No. 8018 is amended as follows: 8 (a) In section 1: 9 (1) strike subsection (a) and insert: 10 “(a) It is unlawful to dispose of green waste by open pit burning, including 11 trees, limbs of trees, or other vegetation fallen or generated, whether resulting from 12 a natural disaster, for the purpose of solid waste disposal. 13 The Virgin Islands Waste Management Authority and landfill operators may burn 14 green waste, provided that such waste is separated from all non-vegetative waste prior to 15 burning and is burned only using a controlled incinerator, an air curtain incinerator, or a 16 substantially similar technology utilizing comparable or greater safety mechanisms and 17 emission controls, subject to applicable federal and territorial environmental laws and 18 regulations. 19 The Virgin Islands Waste Management Authority may also utilize alternative green 20 waste management methods, including composting, mulching, and shredding.” 21 (2) add the following new subsection (b): 22 “(b) Private persons may engage in the open burning of green waste 23 generated on their own property only after obtaining a permit from the Virgin 24 3 Islands Fire Service or other designated authority. A permit shall be issued only 1 upon a determination that: 2 (1) The burning will be conducted at least 50 feet from any structure, 3 unless conducted in an approved waste burner with a closed top located not 4 less than 15 feet from any structure; 5 (2) The burning will be attended at all times during daylight hours; 6 (3) Adequate firefighting equipment is maintained on-site; 7 (4) The material to be burned consists solely of vegetative waste 8 generated on the premises where the burning will occur; 9 (5) Atmospheric conditions are favorable and will minimize smoke 10 and air pollution; and 11 (6) The burning complies with all applicable fire safety and 12 environmental regulations.” 13 (3) By striking Section 3 in its entirety. 14 SECTION 2. The operation of any air curtain incinerator by the Virgin Islands Waste 15 Management Authority or a landfill operator authorized by the Virgin Islands Waste 16 Management Authority under this act must comply with the following requirements: 17 (a) The incinerator must be operated only by or under the supervision of a person who 18 holds a valid certification issued by the manufacturer or distributor of the air curtain incinerator. 19 (b) The incinerator may not be operated within 300 feet of any residence. 20 (c) Prior to commencing operations, the Virgin Islands Waste Management Authority 21 shall obtain approval from the Department of Planning and Natural Resources following an 22 inspection conducted by the Department to ensure compliance with applicable permit 23 conditions. 24 4 (d) The incinerator may not be operated unless there are at least four air quality 1 monitors located at the perimeter of the incinerator site measuring particulate matter, including 2 PM10 and PM2.5. 3 (1) The monitors must be Federal Reference Method or Federal Equivalent 4 Method monitors, or equivalent monitors as determined by the Department of Planning 5 and Natural Resources. 6 (2) Monitoring data must be made publicly available by the Virgin Islands Waste 7 Management Authority not less than monthly in a manner accessible to the public. 8 (3) If monitoring data indicates that particulate matter levels exceed the National 9 Ambient Air Quality Standards (NAAQS) for PM10 or PM2.5, the operation of the 10 incinerator must cease for not less than 24 hours or until compliance is achieved. 11 (e) Each incinerator must be inspected and tuned not less than twice per year by a 12 person qualified by the manufacturer or distributor of the air curtain incinerator, or by another 13 qualified person approved by the Department of Planning and Natural Resources, to ensure that 14 the unit operates in accordance with the manufacturer’s specifications and applicable 15 operational standards. 16 (f) The Virgin Islands Waste Management Authority shall, in coordination with the 17 Department of Planning and Natural Resources, develop and implement policies and 18 procedures governing the operation of air curtain incinerators, including provisions relating to 19 employee safety and environmental protection, within 60 days of enactment of this act. 20 BILL SUMMARY 21 This bill amends Act No. 8018 to clarify the permitted methods for the disposal of green 22 waste by prohibiting open pit burning; authorizes the Virgin Islands Waste Management 23 Authority and landfill operators to utilize controlled incineration technologies, including air 24 5 curtain incinerators and similar methods; allows alternative green waste management practices; 1 and establishes permitting and safety requirements for private open burning of green waste. 2 BR25-0883/February 2, 2026/KEH 3 S:\AMENDS\36th Legislature\JOSEPH, SR., CLIFFORD A\Amendment 36- 4 743\Amendment No. 36-743 (REVISED) - DRAFTED ON YELLOW.docx 5