ST. CROIX — The Legislature of the Virgin Islands approved a bill during legislative session Thursday on St. Thomas authorizing the Waste Management Authority to burn green waste at the territory’s landfills when other environmentally safe disposal methods are unavailable while imposing air monitoring and safety requirements.
The measure, which senators debated in the Earle B. Ottley Legislative Hall, authorizes WMA to dispose of green waste using controlled incineration technologies, including air curtain incinerators.
Bill No. 36-0232, sponsored by Senator Clifford Joseph Sr. and co-sponsored by Senators Avery Lewis, Kenneth Gittens, and Franklin Johnson, amends Act No. 8018, an existing law governing the burning of vegetation and green waste.
Joseph said there have been numerous reports of landfill fires in recent years.
“I worked 27 years in the Fire Department,” he said. “I’ve been there; I did it.”
Joseph said green waste collected at the Bovoni Landfill on St. Thomas was mulched in the past but never repurposed.
“If you do nothing with it, it’s going to stay there and catch fire,” he said.
Senator Kurt Vialet, who supported the bill, said green waste was mulched after Hurricane Maria struck St. Croix in 2017 and stored across from the Kingshill Cemetery. He said the material was never used, forcing the Federal Emergency Management Agency to eventually remove it all. He spoke about the need to dispose of green waste collecting in the landfills to make room for other garbage, including construction debris associated with pending demolition projects such as schools.
“At the end of the day, we have an issue with green waste,” Vialet said.
Senators Carla Joseph and Ray Fonseca, both of whom opposed the measure, raised concerns about the potential for air pollution that could negatively affect the health of nearby residents.
The measure is intended to address the growing accumulation of green waste at the territory’s landfills, which creates operational problems and increases the risk of uncontrolled fires and smoke events, according to the bill. It is intended to modernize green waste disposal practices while maintaining environmental and fire safety protections.
Under current law, open burning of waste is generally prohibited except under limited circumstances with permission from WMA. The bill clarifies that traditional open pit burning remains illegal, but authorizes the use of controlled incinerators, air curtain incinerators, and similar technologies with comparable safety and emissions controls.
Air curtain incinerators are machines that burn vegetative debris in a contained trench or firebox while using a high-velocity curtain of air to reduce smoke and improve combustion efficiency.
The legislation permits the Waste Management Authority and landfill operators to burn only vegetative material such as trees, limbs, and other plant debris. All non-vegetative waste must be separated before burning.
The bill also explicitly authorizes alternative methods of handling green waste, including composting, mulching, and shredding.
Lawmakers amended the bill to place additional restrictions and operational requirements on the use of controlled incineration for green waste disposal at territory landfills.
Under the amendments, controlled incineration may only be used when other environmentally safe disposal methods — including shredding, mulching, composting and reuse — are unavailable. The amendments also require the Virgin Islands Waste Management Authority and landfill operators to prioritize alternative green waste management practices over incineration.
The amendments further require WMA and the Department of Planning and Natural Resources to include specific provisions in the operational policies and procedures they must develop under the bill. Those provisions must address the proper sorting and separation of vegetative and non-vegetative debris; the reduction of incineration activities; fire safety requirements; the promotion of recycling, reuse, composting, mulching and other beneficial green waste management practices; and the minimization of smoke, particulate matter and impacts on nearby residential communities.
The amendments also establish startup and shutdown procedures for air curtain incinerators, including a mandatory one-week downtime period based on manufacturer recommendations or after 10 consecutive weeks of operation, whichever period is shorter.
In addition to authorizing the technology, the measure establishes operational requirements for any air curtain incinerator used by WMA or an authorized landfill operator. Operators must be certified by the manufacturer or distributor of the incinerator, incinerators may not operate within 300 feet of a residence, and the Department of Planning and Natural Resources must inspect and approve the site before operations begin.
Additionally, at least four air-quality monitors measuring particulate matter must be installed around the perimeter of the site, air monitoring data must be made publicly available at least monthly, operations must stop for at least 24 hours if particulate matter levels exceed federal National Ambient Air Quality Standards, and each incinerator must be inspected and tuned at least twice a year.
The bill also directs WMA and DPNR to develop operational policies and procedures within 60 days of enactment, including employee safety and environmental protection measures. The measure additionally creates a permitting process for private residents seeking to burn green waste generated on their own property.
Under the proposal, private burning requires a permit from Virgin Islands Fire and Emergency Medical Services or another designated authority. Burning would only be allowed if certain conditions are met, including maintaining setbacks from structures, keeping firefighting equipment on site, ensuring favorable weather conditions, and limiting the material to vegetative waste generated on the property.
The bill has moved through several legislative stages since its introduction. It was initially held in the Committee on Government Operations, Veterans Affairs and Consumer Protection on March 10 before being special ordered to the floor during legislative session on March 18 and sent back to the committee of jurisdiction. Lawmakers amended the measure in committee on March 23 and forwarded it to the Committee on Rules and Judiciary. The bill was later held in the Rules Committee on April 23. Joseph then special ordered the measure to the floor during Thursday’s legislative session.
The measure was approved by a vote of 9-3, with one senator absent and two senators not voting.
At-Large Senator Angel Bolques Jr., Senate President Milton Potter, and Senators Novelle Francis Jr., Hubert Frederick, Kenneth Gittens, Franklin Johnson, Clifford Joseph Sr., Avery Lewis, and Kurt Vialet voted in favor of the bill. Senators Dwayne DeGraff, Ray Fonseca, and Carla Joseph voted against it. Senator Marise James was absent, while Senators Marvin Blyden and Alma Francis Heyliger did not vote.
The legislation now heads to Governor Albert Bryan Jr. for further consideration and action.
