Chapter 2, Control and Prohibition of Air Pollution
from Refuse Disposal and Salvage Operations, which became effective
May 1, 1956, is hereby repealed. This repeal shall not affect actions,
proceedings, or departmental orders pending or outstanding on the
effective date of the new regulation; said actions, proceedings, or
departmental orders may be prosecuted, defended and continued in the
same manner and to the same effect as if the new regulation had not
been adopted. The text of the amended regulation follows.
As used in this chapter, the following terms
shall have the meanings indicated:
AIR CONTAMINANT
Solid particles, vapors or gases which are discharged into
the outdoor atmosphere.
DEPARTMENT
The Department of Environmental Protection.
GARBAGE
Waste animal or vegetable matter from houses, kitchens, restaurants,
hotels, produce markets or any other source, or food of any kind to
be thrown away.
HAZARDOUS MATERIAL
Trade waste which presents an existing or potential hazard
to health or safety if disposed of by any means other than open burning,
including but not limited to explosives, nitrocellulose and elemental
sodium.
INCINERATOR
Any device, apparatus, equipment or structure used for destroying,
reducing or salvaging by fire any material or substance, including
but not limited to refuse, rubbish, garbage, trade waste, debris or
scrap, or a facility for cremating human or animal remains.
INFESTED PLANT LIFE
Plant life contaminated by or harboring an insect, a plant
pathogen, a weed, or any other organism capable of causing damage,
economic or otherwise, to environmental or natural resources.
OPEN BURNING
Any fire whose products of combustion are emitted directly
into the open air, and are not directed thereto through the stack
or chimney of an incinerator.
PLANT LIFE
Vegetation, including but not limited to trees, tree branches,
leaves, yard trimmings, shrubbery, grass, weeds and crops.
PRESCRIBED BURNING
The open burning of plant life under such conditions that
the fire is confined to a predetermined area and accomplishes the
environmentally beneficial objectives of prevention and control of
wildfires.
REFUSE
Rubbish, garbage, trade waste and plant life.
RUBBISH
Waste solids not considered to be highly flammable or explosive,
including but not limited to rags, old clothes, leather, rubber, carpets,
wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery,
masonry and other similar materials.
SALVAGE OPERATION
Any operation or activity from which is salvaged or reclaimed
any product or material, including but not limited to metals, chemicals
or shipping containers.
STACK or CHIMNEY
A flue, conduit, or opening designed and constructed for
the purpose of emitting air contaminants into the outdoor air.
TRADE WASTE
All waste solid or liquid material or rubbish resulting from
construction, building operations, or the prosecution of any business,
trade or industry, including but not limited to plastic products,
cartons, paint, grease, oil and other petroleum products, chemicals,
cinders and other forms of solid or liquid waste material.
Each and every day, or part thereof, that dense
smoke shall be emitted in violation of this chapter, shall be deemed
to be a separate violation, unless an extension of time to continue
such violation is granted by the Board therefor based upon a factually
supported claim that extensive alterations are required for the purpose
of complying with the provisions of this chapter and based further
upon the promise that such alterations will be made within such time
as the Board may determine to be reasonable. The granting or denial
of such extension of time shall, at all times, be discretionary with
the Board.