COMMITTEE ON GOVERNMENT OPERATIONS, VETERANS 
AFFAIRS AND CONSUMER PROTECTION 
05/28/2026-SPECIAL ORDERED TO THE FLOOR 
04/23/2026-HELD IN COMMITTEE 
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 
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open pit burning; 
8 
2 
 
WHEREAS, controlled incineration technologies, including air curtain incinerators, 
1 
provide a safer and more environmentally responsible means of disposing of green waste than 
2 
open pit burning; 
3 
WHEREAS, authorizing the Virgin Islands Waste Management Authority to utilize such 
4 
technologies, while preserving permitting requirements for private open burning, promotes 
5 
efficient waste management and public safety; and 
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WHEREAS, it is in the best interest of the people of the Virgin Islands to modernize 
7 
green waste disposal practices in a manner consistent with environmental protection and fire 
8 
safety standards; Now, Therefore, 
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Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Act No. 8018 is amended as follows: 
11 
(a) 
In section 1: 
12 
(1) 
strike subsection (a) and insert: 
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“(a) It is unlawful to dispose of green waste by open pit burning, including 
14 
trees, limbs of trees, or other vegetation fallen or generated, whether resulting from 
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a natural disaster, for the purpose of solid waste disposal. 
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The Virgin Islands Waste Management Authority and landfill operators may burn 
17 
green waste, provided that such waste is separated from all non-vegetative waste prior to 
18 
burning and is burned only using a controlled incinerator, an air curtain incinerator, or a 
19 
substantially similar technology utilizing comparable or greater safety mechanisms and 
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emission controls, subject to applicable federal and territorial environmental laws and 
21 
regulations. 
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The Virgin Islands Waste Management Authority may also utilize alternative green 
23 
waste management methods, including composting, mulching, and shredding.” 
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3 
 
(2) 
add the following new subsection (b): 
1 
“(b) Private persons may engage in the open burning of green waste 
2 
generated on their own property only after obtaining a permit from the Virgin 
3 
Islands Fire Service or other designated authority. A permit shall be issued only 
4 
upon a determination that: 
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(1) 
The burning will be conducted at least 50 feet from any structure, 
6 
unless conducted in an approved waste burner with a closed top located not 
7 
less than 15 feet from any structure; 
8 
(2) 
The burning will be attended at all times during daylight hours; 
9 
(3) 
Adequate firefighting equipment is maintained on-site; 
10 
(4) 
The material to be burned consists solely of vegetative waste 
11 
generated on the premises where the burning will occur; 
12 
(5) 
Atmospheric conditions are favorable and will minimize smoke 
13 
and air pollution; and 
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(6) 
The burning complies with all applicable fire safety and 
15 
environmental regulations.” 
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(3) 
By striking Section 3 in its entirety. 
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SECTION 2.  The operation of any air curtain incinerator by the Virgin Islands Waste 
18 
Management Authority or a landfill operator authorized by the Virgin Islands Waste 
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Management Authority under this act must comply with the following requirements: 
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(a) 
The incinerator must be operated only by or under the supervision of a person who 
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holds a valid certification issued by the manufacturer or distributor of the air curtain incinerator. 
22 
(b) 
The incinerator may not be operated within 300 feet of any residence. 
23 
4 
 
(c) 
Prior to commencing operations, the Virgin Islands Waste Management Authority 
1 
shall obtain approval from the Department of Planning and Natural Resources following an 
2 
inspection conducted by the Department to ensure compliance with applicable permit 
3 
conditions. 
4 
(d) 
The incinerator may not be operated unless there are at least four air quality 
5 
monitors located at the perimeter of the incinerator site measuring particulate matter, including 
6 
PM10 and PM2.5. 
7 
(1) 
The monitors must be Federal Reference Method or Federal Equivalent 
8 
Method monitors, or equivalent monitors as determined by the Department of Planning 
9 
and Natural Resources. 
10 
(2) 
Monitoring data must be made publicly available by the Virgin Islands Waste 
11 
Management Authority not less than monthly in a manner accessible to the public. 
12 
(3) 
If monitoring data indicates that particulate matter levels exceed the National 
13 
Ambient Air Quality Standards (NAAQS) for PM10 or PM2.5, the operation of the 
14 
incinerator must cease for not less than 24 hours or until compliance is achieved. 
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(e) 
Each incinerator must be inspected and tuned not less than twice per year by a 
16 
person qualified by the manufacturer or distributor of the air curtain incinerator, or by another 
17 
qualified person approved by the Department of Planning and Natural Resources, to ensure that 
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the unit operates in accordance with the manufacturer’s specifications and applicable 
19 
operational standards. 
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(f) 
The Virgin Islands Waste Management Authority shall, in coordination with the 
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Department of Planning and Natural Resources, develop and implement policies and 
22 
procedures governing the operation of air curtain incinerators, including provisions relating to 
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employee safety and environmental protection, within 60 days of enactment of this act. 
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5 
 
BILL SUMMARY 
1 
This bill amends Act No. 8018 to clarify the permitted methods for the disposal of green 
2 
waste by prohibiting open pit burning; authorizes the Virgin Islands Waste Management 
3 
Authority and landfill operators to utilize controlled incineration technologies, including air 
4 
curtain incinerators and similar methods; allows alternative green waste management practices; 
5 
and establishes permitting and safety requirements for private open burning of green waste. 
6 
BR25-0883/February 2, 2026/KEH 
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S:\AMENDS\36th 
Legislature\JOSEPH, 
SR., 
CLIFFORD 
A\Amendment 
36-
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743\Amendment No. 36-743 (REVISED) - DRAFTED ON YELLOW.docx 
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