Managing Contaminated Animal and Plant Materials: Field Guide on ...

Regulatory SynopsisThermalCoordination <strong>and</strong> jurisdictional considerationsThe decision on the location of the burningactivity should be made jointly by themembers of the incident comm<strong>and</strong> structureestablished by local <strong>and</strong> State authorities.Local authorities should have an intercountymemor<strong>and</strong>um of underst<strong>and</strong>ing inplace so that carcass overflow may be easilytransported to nearby counties for burning.Conduct burning only with explicit approvalby the institutions <strong>and</strong> agencies competentto make decisions about protecting theintegrity of the environment.Open-air burning is subject to local <strong>and</strong>State regulatory approvals.Pollution <strong>and</strong> other property damage considerationsAlthough governmental entities are accordedwide discretion in making decisions aboutburning carcasses to protect public health, theyare subject to nuisance actions if the properprecautions are not taken.The smoke <strong>and</strong> chemicals that result fromopen-pit burning could trigger nuisance or otherkinds of lawsuits. Sovereign immunity—the doctrinethat the government is immune from civilor criminal lawsuits—may not be a defense.As lawsuits could be prompted by injuryto people or damage to property because ofenvironmental pollution, the decision on thedisposal of ash waste must be made jointlyby the appropriate technical group within incidentcomm<strong>and</strong> structure.88