Gov. Brian Kemp: Stop Illegal Burning & Protect Georgians from Harmful, Toxic Chemicals
The Issue
**** Important Update ****
Environmental Advocacy Paused Due to Retaliatory Violence for Reporting Environmental Crimes.
Read #Justice4DaisyAlford for full details.
#BreathingShouldNotBeHazardous
Please join me in urging Governor Brian Kemp to stop illegal open burning in Georgia, protect Georgia residents from harmful, toxic chemicals, and fix Georgia's broken Burn Ban enforcement system.
To comply with federal clean air regulations and reduce ozone pollution, the Burn Ban prohibits certain types of open burning in 54 counties. The Georgia Environmental Protection Division (EPD) is responsible for enforcing the Burn Ban which usually starts May 1 and ends September 30 of each year. However, due to enforcement failures of the EPD, Georgia residents are being exposed to harmful, toxic chemicals.
Over 96,550 complaints have been filed with EPD, including more than 15,530 Air Quality Control complaints. You may view all complaints in EPD's public database. In many of the complaints, Georgia residents are expressly stating how toxic air pollutants are affecting and worsening their medical conditions including cancer, COPD, asthma, and heart disease. It is quite possible that the enforcement failures of the EPD are causing a public health crisis for Georgia residents affected and harmed by toxic smoke and air pollution from illegal burning.
Georgia offers little to no protections from smoke particulate matter for residents, especially those who are considered most vulnerable. This includes the elderly (especially those with heart and lung illnesses), pregnant women, infants and children, and individuals with asthma, emphysema, COPD, heart disease, and cancer. Smoke inhalation also puts animals at risk by weakening animals’ immune response. A single smoke event can adversely contribute to long-term health problems for animals.
Aside from the damage that smoke from open burning causes to properties and structures, open burning releases particulate matter and harmful chemicals that affect human health and our environment. Toxins released include nitrogen oxides, sulfur dioxide, volatile organic chemicals (VOCs), polycyclic organic matter (POMs), heavy metals, dioxin, and carbon monoxide. The burning of “green” or unseasoned wood releases hazardous air pollutants (HAPs), including benzene, formaldehyde, acrolein, and polycyclic aromatic hydrocarbons – all harmful to human health.
The EPA maintains that the biggest health threat from smoke is fine particulate matter or PM2.5. These inhalable particles can get into your eyes, respiratory system, trigger asthma attacks, heart attacks, strokes, irregular heart rhythms, and heart failure and cause birth defects and cancer. Once inhaled, PM2.5 can induce damage throughout the body.
I am speaking from personal experience, and according to other complaints filed with EPD, my experience is not unique. Here’s how EPD (mis)handled my complaints about illegal open burning:
June 2023 – Paulding County (PC) Firefighters responded and met with the individual who was illegally burning. My complaint #104425 is in the public database.
July 2023 – PC Firefighters responded and met with the individual who was now illegally burning for the second time.
July 2023 – PC Senior Fire Investigator gets involved, personally contacts the individual and requests the cessation of unlawful burning.
August 2023 – PC Firefighters responded and met with the individual who was now illegally burning for the third time.
August 2023 – PC Senior Fire Investigator consults with EPD to address the repeated illegal burning by the individual.
August 2023 – EPD offers to send a courtesy warning letter to the individual though EPD previously claimed to have sent the letter. EPD aware that individual was illegally burning trees and other vegetation and sent a letter on August 15, 2023.
August 2023 – PC Marshal’s Office issued a courtesy written warning to the individual for unlawful burning and requests the individual to cover up the large in-ground burn pit. Burn pits are to be at least 50 feet from any structure. It was not.
August 2023 – EPD advises that the “best and quickest way to resolve the open burning during the burn ban is to call 911 every time there is an illegal burn.”
June 2024 – PC Firefighters responded and met with the individual who was now illegally burning for the fourth time. My complaint #109287 is in the public database.
June 2024 - PC Firefighters determined the individual was illegally burning some "unknown" type of brush. EPD and PC Senior Fire Investigator will not confirm if the individual was required to extinguish the fire. The Fire Incident Report states the fire was extinguished while firefighters were onsite but burning continued after firefighters departed. Neither the EPD nor PC Senior Fire Investigator have provided an explanation.
June 2024 – PC Marshal’s Office and PC Senior Fire Investigator met with the individual and issued a citation for unlawful burning. The fine is $135.
June 2024 – EPD and PC Senior Fire Investigator had never responded to multiple complaints of potential accelerant use dating back to 2023. In June 2024, per written notice from the PC Fire Department, "No accelerant testing was done. This is not something we do." Yes, you read that correctly.
Although the EPA claims to mitigate exposure to carcinogenic chemicals, it does not mandate accelerant testing. Furthermore, EPA supports Georgia EPD’s unchecked power to disregard accelerant complaints despite the significant health hazards, including death. Thus, if you witness or suspect the use of accelerants during open burning, neither the EPA nor EPD will investigate or intervene. However, it is absolutely the duty of public safety agencies to investigate accelerant complaints, including contacting appropriate state or federal agencies to arrange for testing. Failure to do so is deliberate indifference. Using accelerants to burn trees and other vegetation is prohibited in Georgia.
August 2024 - I filed a complaint with EPD due to concerns about the same individual releasing toxic chemical pollutants into the air over an extended period of time by frequently igniting explosives, including improvised fireworks, on multiple days, causing toxic smoke and haze to cover our home. I also provided supporting video evidence. EPD confirmed, in writing, that the complaint was officially closed on August 20, 2024 with no action taken, but EPD did not update the complaint in the public database until September 13, 2024. My complaint #109818 is in the public database.
EPD and PC Fire Department determined that they do not regulate toxic smoke, toxic air pollution or hazardous chemicals from fireworks and have no responsibility to mitigate related toxic chemical exposure. As such, my air quality concerns about toxic air pollution and hazardous chemicals were never addressed. However, the U.S. Environmental Protection Agency (EPA) recognizes that fireworks can contribute to air pollution, particularly with particulate matter (PM2.5) and other hazardous chemicals. Research revealed the explosive fireworks, through combustion, release some or all of the following chemicals into the air: Carbon Monoxide, Perchlorate, Chlorine, Chlorine Oxides, Sulfur Oxides, and Nitrogen Oxides. Health effects of these chemicals include headache, dizziness, nausea, confusion, lung damage, coughing, shortness of breath, and eye, skin and respiratory irritation. These hazardous chemicals can also worsen asthma and increase susceptibility to respiratory infections. Of course, Carbon Monoxide can cause unconsciousness or death. Fireworks also have a heavy-metal fallout that can be harmful to human health, pets and the environment.
The hazardous chemicals being released into the air and the toxic smoke and haze from the explosive fireworks are concerning, especially improvised and non-labeled fireworks. While EPA, EPD and PC public safety agencies vigorously defended their positions not to mitigate chemical hazards and toxic air pollution citing the legality of fireworks, they completely ignored the significant fire hazard caused by the individual igniting explosive fireworks near our home. Explosive fireworks ignited near homes can cause serious property damage, significant injuries or even fatalities. After I filed two police reports, two complaints with the PC Marshal’s Office and obtained clarification from the State Fire Marshal’s Office, the PC Marshal’s Office assured they would contact the individual and advise him not to shoot fireworks in the direction of our property or any neighboring property.
Something is very wrong in America when local public safety agencies, state environmental protection agencies and the EPA are more determined to protect the legality of fireworks than mitigate toxic chemical exposure, protect the environment and stop a significant fire hazard that threatens human safety, health and life.
I repeat: The system is broken.
Governor Kemp must take action!
A system that allows any individual to threaten the safety, health and lives of others and pollute our environment by repeatedly violating the Burn Ban – which is State Law – needs to be totally revamped. According to the EPA, the deliberate, intentional and knowingly release of toxic chemicals into the air is considered a serious environmental crime. The problems with EPD enforcement are numerous and alarming, and I urge Governor Kemp to do the following:
1. Notify every complainant, in writing, of toxic chemical exposure and list the harmful, toxic chemicals. Complainants absolutely have a right to know this information. This is especially necessary if the complaint involved the burning of green wood. The State of Georgia has a duty and obligation to properly and timely inform residents of exposure to harmful, toxic chemicals.
2. Maintain a database of every complainant who has been exposed to chemical toxins from illegal burning and take special note of those who are at greater risk due to age, pregnancy and medical conditions. These complaints must be treated with urgency. Georgia should never allow Burn Ban violations affecting vulnerable populations to linger for weeks, months or years.
3. Mandate the EPD to investigate all complaints of potential or known accelerant use. No exceptions. If complainants notify EPD or fire departments of potential accelerant use, those complaints must be investigated, especially if video or photos exist. It is woefully negligent for the State of Georgia to allow any agency to ignore complaints of known and potential accelerant use. Exposure to gasoline or gasoline vapors – proven to be toxic, corrosive, carcinogenic, and flammable/explosive – can cause serious health complications or death.
3a. Mandate the EPD to leverage the expertise of Accelerant Detection K9 teams across the state to assist local and state agencies in investigating complaints and concerns of accelerant usage. Require all accelerant complaints to be entered into a statewide trackable database which provides timely information, including the outcome.
4. Implement a year-round ban on the burning of green or unseasoned wood. There is never a safe time to burn green wood. We can’t have people cutting down trees and immediately burning them.
5. Mandate that EPD provide educational literature to those who file burn ban complaints. Right now, only the offenders are given educational materials while the complainants receive nothing.
6. Mandate that responding agencies take photos and/or videos of the illegal burning event.
7. Mandate that EPD implement an online system for filing complaints and automatically issue case tracking numbers. As of now, the system is archaic as residents can only file complaints by phone or email, and there is little to no proactive follow through from agencies. It becomes the sole responsibility of the complainant to call multiple offices to find out who is handling the case and track any related movement.
8. Mandate the EPD to publish clear protocol for the filing and handling of complaints. Currently, there is no transparency. From beginning to end, complainants need to understand all steps involved.
9. Mandate the EPD to publish the escalation process for complainants. If EPD representatives are consistently unavailable or have not followed through on promises, an escalation path needs to be available for complainants.
10. Stop EPD from prematurely closing cases, especially without the knowledge of complainants.
11. Mandate the EPD to contact complainants whose cases have been prematurely closed or closed without resolution. If new developments, new information or disregarded information necessitate the reopening of cases, reopen them.
12. Mandate the EPD to handle complaint calls on a recorded line to eliminate the preparation of narratives that are incorrect or fall short in capturing the urgency of complainants' concerns.
Because federal compliance issues are involved and EPD receives federal funding, I urge Senators Raphael Warnock and Jon Ossoff to demand the United States Senate Committee on Environment and Public Works hold Congressional Hearings. Any state environmental agency that has unchecked power to disregard accelerant complaints is long overdue for federal investigation and intervention.
We all have a role to play in keeping our environment safe, protecting all residents from harmful, toxic chemicals and improving the quality of air for everyone. No matter your zip code, everyone deserves to breathe clean air.
Please join me in urging Governor Brian Kemp to stop illegal open burning in Georgia, protect Georgia residents from harmful, toxic chemicals, and fix Georgia's broken Burn Ban enforcement system. Governor Kemp’s list of Initiatives and Priorities includes everything except environmental goals. It’s time to add clean air to that list.
The Issue
**** Important Update ****
Environmental Advocacy Paused Due to Retaliatory Violence for Reporting Environmental Crimes.
Read #Justice4DaisyAlford for full details.
#BreathingShouldNotBeHazardous
Please join me in urging Governor Brian Kemp to stop illegal open burning in Georgia, protect Georgia residents from harmful, toxic chemicals, and fix Georgia's broken Burn Ban enforcement system.
To comply with federal clean air regulations and reduce ozone pollution, the Burn Ban prohibits certain types of open burning in 54 counties. The Georgia Environmental Protection Division (EPD) is responsible for enforcing the Burn Ban which usually starts May 1 and ends September 30 of each year. However, due to enforcement failures of the EPD, Georgia residents are being exposed to harmful, toxic chemicals.
Over 96,550 complaints have been filed with EPD, including more than 15,530 Air Quality Control complaints. You may view all complaints in EPD's public database. In many of the complaints, Georgia residents are expressly stating how toxic air pollutants are affecting and worsening their medical conditions including cancer, COPD, asthma, and heart disease. It is quite possible that the enforcement failures of the EPD are causing a public health crisis for Georgia residents affected and harmed by toxic smoke and air pollution from illegal burning.
Georgia offers little to no protections from smoke particulate matter for residents, especially those who are considered most vulnerable. This includes the elderly (especially those with heart and lung illnesses), pregnant women, infants and children, and individuals with asthma, emphysema, COPD, heart disease, and cancer. Smoke inhalation also puts animals at risk by weakening animals’ immune response. A single smoke event can adversely contribute to long-term health problems for animals.
Aside from the damage that smoke from open burning causes to properties and structures, open burning releases particulate matter and harmful chemicals that affect human health and our environment. Toxins released include nitrogen oxides, sulfur dioxide, volatile organic chemicals (VOCs), polycyclic organic matter (POMs), heavy metals, dioxin, and carbon monoxide. The burning of “green” or unseasoned wood releases hazardous air pollutants (HAPs), including benzene, formaldehyde, acrolein, and polycyclic aromatic hydrocarbons – all harmful to human health.
The EPA maintains that the biggest health threat from smoke is fine particulate matter or PM2.5. These inhalable particles can get into your eyes, respiratory system, trigger asthma attacks, heart attacks, strokes, irregular heart rhythms, and heart failure and cause birth defects and cancer. Once inhaled, PM2.5 can induce damage throughout the body.
I am speaking from personal experience, and according to other complaints filed with EPD, my experience is not unique. Here’s how EPD (mis)handled my complaints about illegal open burning:
June 2023 – Paulding County (PC) Firefighters responded and met with the individual who was illegally burning. My complaint #104425 is in the public database.
July 2023 – PC Firefighters responded and met with the individual who was now illegally burning for the second time.
July 2023 – PC Senior Fire Investigator gets involved, personally contacts the individual and requests the cessation of unlawful burning.
August 2023 – PC Firefighters responded and met with the individual who was now illegally burning for the third time.
August 2023 – PC Senior Fire Investigator consults with EPD to address the repeated illegal burning by the individual.
August 2023 – EPD offers to send a courtesy warning letter to the individual though EPD previously claimed to have sent the letter. EPD aware that individual was illegally burning trees and other vegetation and sent a letter on August 15, 2023.
August 2023 – PC Marshal’s Office issued a courtesy written warning to the individual for unlawful burning and requests the individual to cover up the large in-ground burn pit. Burn pits are to be at least 50 feet from any structure. It was not.
August 2023 – EPD advises that the “best and quickest way to resolve the open burning during the burn ban is to call 911 every time there is an illegal burn.”
June 2024 – PC Firefighters responded and met with the individual who was now illegally burning for the fourth time. My complaint #109287 is in the public database.
June 2024 - PC Firefighters determined the individual was illegally burning some "unknown" type of brush. EPD and PC Senior Fire Investigator will not confirm if the individual was required to extinguish the fire. The Fire Incident Report states the fire was extinguished while firefighters were onsite but burning continued after firefighters departed. Neither the EPD nor PC Senior Fire Investigator have provided an explanation.
June 2024 – PC Marshal’s Office and PC Senior Fire Investigator met with the individual and issued a citation for unlawful burning. The fine is $135.
June 2024 – EPD and PC Senior Fire Investigator had never responded to multiple complaints of potential accelerant use dating back to 2023. In June 2024, per written notice from the PC Fire Department, "No accelerant testing was done. This is not something we do." Yes, you read that correctly.
Although the EPA claims to mitigate exposure to carcinogenic chemicals, it does not mandate accelerant testing. Furthermore, EPA supports Georgia EPD’s unchecked power to disregard accelerant complaints despite the significant health hazards, including death. Thus, if you witness or suspect the use of accelerants during open burning, neither the EPA nor EPD will investigate or intervene. However, it is absolutely the duty of public safety agencies to investigate accelerant complaints, including contacting appropriate state or federal agencies to arrange for testing. Failure to do so is deliberate indifference. Using accelerants to burn trees and other vegetation is prohibited in Georgia.
August 2024 - I filed a complaint with EPD due to concerns about the same individual releasing toxic chemical pollutants into the air over an extended period of time by frequently igniting explosives, including improvised fireworks, on multiple days, causing toxic smoke and haze to cover our home. I also provided supporting video evidence. EPD confirmed, in writing, that the complaint was officially closed on August 20, 2024 with no action taken, but EPD did not update the complaint in the public database until September 13, 2024. My complaint #109818 is in the public database.
EPD and PC Fire Department determined that they do not regulate toxic smoke, toxic air pollution or hazardous chemicals from fireworks and have no responsibility to mitigate related toxic chemical exposure. As such, my air quality concerns about toxic air pollution and hazardous chemicals were never addressed. However, the U.S. Environmental Protection Agency (EPA) recognizes that fireworks can contribute to air pollution, particularly with particulate matter (PM2.5) and other hazardous chemicals. Research revealed the explosive fireworks, through combustion, release some or all of the following chemicals into the air: Carbon Monoxide, Perchlorate, Chlorine, Chlorine Oxides, Sulfur Oxides, and Nitrogen Oxides. Health effects of these chemicals include headache, dizziness, nausea, confusion, lung damage, coughing, shortness of breath, and eye, skin and respiratory irritation. These hazardous chemicals can also worsen asthma and increase susceptibility to respiratory infections. Of course, Carbon Monoxide can cause unconsciousness or death. Fireworks also have a heavy-metal fallout that can be harmful to human health, pets and the environment.
The hazardous chemicals being released into the air and the toxic smoke and haze from the explosive fireworks are concerning, especially improvised and non-labeled fireworks. While EPA, EPD and PC public safety agencies vigorously defended their positions not to mitigate chemical hazards and toxic air pollution citing the legality of fireworks, they completely ignored the significant fire hazard caused by the individual igniting explosive fireworks near our home. Explosive fireworks ignited near homes can cause serious property damage, significant injuries or even fatalities. After I filed two police reports, two complaints with the PC Marshal’s Office and obtained clarification from the State Fire Marshal’s Office, the PC Marshal’s Office assured they would contact the individual and advise him not to shoot fireworks in the direction of our property or any neighboring property.
Something is very wrong in America when local public safety agencies, state environmental protection agencies and the EPA are more determined to protect the legality of fireworks than mitigate toxic chemical exposure, protect the environment and stop a significant fire hazard that threatens human safety, health and life.
I repeat: The system is broken.
Governor Kemp must take action!
A system that allows any individual to threaten the safety, health and lives of others and pollute our environment by repeatedly violating the Burn Ban – which is State Law – needs to be totally revamped. According to the EPA, the deliberate, intentional and knowingly release of toxic chemicals into the air is considered a serious environmental crime. The problems with EPD enforcement are numerous and alarming, and I urge Governor Kemp to do the following:
1. Notify every complainant, in writing, of toxic chemical exposure and list the harmful, toxic chemicals. Complainants absolutely have a right to know this information. This is especially necessary if the complaint involved the burning of green wood. The State of Georgia has a duty and obligation to properly and timely inform residents of exposure to harmful, toxic chemicals.
2. Maintain a database of every complainant who has been exposed to chemical toxins from illegal burning and take special note of those who are at greater risk due to age, pregnancy and medical conditions. These complaints must be treated with urgency. Georgia should never allow Burn Ban violations affecting vulnerable populations to linger for weeks, months or years.
3. Mandate the EPD to investigate all complaints of potential or known accelerant use. No exceptions. If complainants notify EPD or fire departments of potential accelerant use, those complaints must be investigated, especially if video or photos exist. It is woefully negligent for the State of Georgia to allow any agency to ignore complaints of known and potential accelerant use. Exposure to gasoline or gasoline vapors – proven to be toxic, corrosive, carcinogenic, and flammable/explosive – can cause serious health complications or death.
3a. Mandate the EPD to leverage the expertise of Accelerant Detection K9 teams across the state to assist local and state agencies in investigating complaints and concerns of accelerant usage. Require all accelerant complaints to be entered into a statewide trackable database which provides timely information, including the outcome.
4. Implement a year-round ban on the burning of green or unseasoned wood. There is never a safe time to burn green wood. We can’t have people cutting down trees and immediately burning them.
5. Mandate that EPD provide educational literature to those who file burn ban complaints. Right now, only the offenders are given educational materials while the complainants receive nothing.
6. Mandate that responding agencies take photos and/or videos of the illegal burning event.
7. Mandate that EPD implement an online system for filing complaints and automatically issue case tracking numbers. As of now, the system is archaic as residents can only file complaints by phone or email, and there is little to no proactive follow through from agencies. It becomes the sole responsibility of the complainant to call multiple offices to find out who is handling the case and track any related movement.
8. Mandate the EPD to publish clear protocol for the filing and handling of complaints. Currently, there is no transparency. From beginning to end, complainants need to understand all steps involved.
9. Mandate the EPD to publish the escalation process for complainants. If EPD representatives are consistently unavailable or have not followed through on promises, an escalation path needs to be available for complainants.
10. Stop EPD from prematurely closing cases, especially without the knowledge of complainants.
11. Mandate the EPD to contact complainants whose cases have been prematurely closed or closed without resolution. If new developments, new information or disregarded information necessitate the reopening of cases, reopen them.
12. Mandate the EPD to handle complaint calls on a recorded line to eliminate the preparation of narratives that are incorrect or fall short in capturing the urgency of complainants' concerns.
Because federal compliance issues are involved and EPD receives federal funding, I urge Senators Raphael Warnock and Jon Ossoff to demand the United States Senate Committee on Environment and Public Works hold Congressional Hearings. Any state environmental agency that has unchecked power to disregard accelerant complaints is long overdue for federal investigation and intervention.
We all have a role to play in keeping our environment safe, protecting all residents from harmful, toxic chemicals and improving the quality of air for everyone. No matter your zip code, everyone deserves to breathe clean air.
Please join me in urging Governor Brian Kemp to stop illegal open burning in Georgia, protect Georgia residents from harmful, toxic chemicals, and fix Georgia's broken Burn Ban enforcement system. Governor Kemp’s list of Initiatives and Priorities includes everything except environmental goals. It’s time to add clean air to that list.
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Petition created on June 20, 2024