The purpose of this chapter is to protect public health, safety,
and welfare by regulating open burning within Buchanan County to achieve
and maintain, to the greatest extent practicable, a level of air quality
that will provide comfort and convenience while promoting economic
and social development. This chapter is intended to supplement the
applicable regulations promulgated by the State Air Pollution Control
Board and other applicable regulations and laws.
For the purpose of this chapter and subsequent amendments or
any orders issued by Buchanan County, the words or phrases shall have
the meaning given them in this section.
AUTOMOBILE GRAVEYARD
Any lot or place that is exposed to the weather and upon
which more than five motor vehicles of any kind, incapable of being
operated, and that it would not be economically practical to make
operative, are placed, located or found.
BUILT-UP AREA
Any area with a substantial portion covered by industrial,
commercial or residential buildings.
CLEAN BURNING WASTE
Waste that is not prohibited to be burned under this chapter
and that consists only of:
A.
One hundred percent wood waste;
B.
One hundred percent clean lumber or clean wood;
C.
One hundred percent yard waste; or
D.
One hundred percent mixture of only any combination of wood
waste, clean lumber, clean waste or yard waste.
CLEAN LUMBER
Wood or wood products that have been cut or shaped and include
wet, air-dried, and kiln-dried wood products. Clean lumber does not
include wood products that have been painted, pigment-stained, or
pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol,
and creosote.
CLEAN WOOD
Uncontaminated natural or untreated wood. Clean wood includes,
but is not limited to, by-products of harvesting activities conducted
for forest management or commercial logging, or mill residues consisting
of bark, chips, edgings, sawdust, shavings or slabs. It does not include
wood that has been treated, adulterated, or chemically changed in
some way; treated with glues, binders or resins; or painted, stained
or coated.
CONSTRUCTION WASTE
Solid waste that is produced or generated during construction
remodeling, or repair of pavements, houses, commercial buildings and
other structures. Construction waste consists of lumber, wire, Sheetrock,
broken brick, shingles, glass, pipes, concrete, and metal and plastics
if the metal or plastics are a part of the materials of construction
or empty containers for such materials. Paints, coatings, solvents,
asbestos, any liquid, compressed gases or semi-liquids, and garbage
are not construction wastes, and the disposal of such materials must
be in accordance with the regulations of the Virginia Waste Management
Board.
DEBRIS WASTE
Wastes resulting from land-clearing operations. Debris wastes
include but are not limited to stumps, wood, brush, leaves, soil and
road spoils.
DEMOLITION WASTE
That solid waste which is produced by the destruction of
structures, or their foundations, or both, and includes the same materials
as construction waste.
GARBAGE
Readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
HAZARDOUS WASTE
A "hazardous waste" as described in 9 VAC 20-60, Hazardous
Waste Management Regulations.
HOUSEHOLD WASTE
Any waste material, including garbage, trash and refuse,
derived from households. For purposes of this regulation, households
include single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds and day-use
recreation areas. Household wastes do not include sanitary waste in
septic tanks (septage) which is regulated by state agencies.
INDUSTRIAL WASTE
Any solid waste generated by manufacturing or industrial
processes that is not a regulated hazardous waste. Such waste may
include but is not limited to waste resulting from the following manufacturing
processes: electric power generation; fertilizer/agricultural chemicals;
food and related products/by-products; inorganic chemicals; iron and
steel manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins manufacturing;
pulp and paper industry; rubber and miscellaneous plastic products;
stone, glass, clay and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining
waste or oil and gas waste.
JUNKYARD
An establishment or place of business that is maintained,
operated, or used for storing, keeping, buying, or selling junk, or
for the maintenance or operation of an automobile graveyard, and the
term shall include garbage dumps and sanitary landfills.
LANDFILL
A sanitary landfill, an industrial waste landfill, or a construction/demolition/debris
landfill. See Solid Waste Management Regulations (9 VAC 20-80) for
further definitions of these terms.
LOCAL LANDFILL
Any landfill located within the jurisdiction of a local government.
OPEN BURNING
The combustion of solid waste without:
A.
Control of combustion air to maintain adequate temperature for
efficient combustion;
B.
Containment of the combustion reaction in an enclosed device
to provide sufficient residence time and mixing for complete combustion;
and
C.
Control of the combustion products' emission.
OPEN PIT INCINERATOR
A device used to burn waste for the primary purpose of reducing
the volume by removing combustible matter. Such devices function by
directing a curtain of air at an angle across the top of a trench
or similarly enclosed space, thus reducing the amount of combustion
by-products emitted into the atmosphere. The term also includes trench
burners, air curtain incinerators and overdraft incinerators.
REFUSE
All solid waste products having the characteristics of solids
rather than liquids and which are composed wholly or partially of
materials such as garbage, trash, rubbish, litter, residues from cleanup
of spills or contamination or other discarded materials.
SALVAGE OPERATION
Any operation consisting of a business, trade or industry
participating in salvaging or reclaiming any product or material,
such as, but not limited to, reprocessing of used motor oils, metals,
chemicals, shipping containers or drums, and specifically including
automobile graveyards and junkyards.
SANITARY LANDFILL
An engineered land burial facility for the disposal of household
waste that is so located, designed, constructed, and operated to contain
and isolate the waste so that it does not pose a substantial present
or potential hazard to human health or the environment. A sanitary
landfill also may receive other types of solid wastes, such as commercial
solid waste, nonhazardous sludge, hazardous waste from conditionally
exempt small quantity generators, construction, demolition, or debris
waste and nonhazardous industrial solid waste. See Solid Waste Management
Regulations (9 VAC 20-80) for further definitions of these terms.
SMOKE
Small gas-borne particulate matter consisting mostly, but
not exclusively, of carbon, ash and other material in concentrations
sufficient to form a visible plume.
SPECIAL INCINERATION DEVICE
An open pit incinerator, conical or teepee burner, or any
other device specifically designed to provide good combustion performance.
WOOD WASTE
Untreated wood and untreated wood products, including tree
stumps (whole or chipped), trees, tree limbs (whole or chipped), bark,
sawdust, chips, scraps, slabs, millings, and shavings. Wood waste
does not include:
A.
Grass, grass clippings, bushes, shrubs, and clippings from bushes
and shrubs from residential, commercial/retail, institutional, or
industrial sources as part of maintaining yards or other private or
public lands;
B.
Construction, renovation, or demolition wastes;
YARD WASTE
Grass, grass clippings, bushes, shrubs, and clippings from
bushes and shrubs that come from residential, commercial/retail, institutional,
or industrial sources as part of maintaining yards or other private
or public lands. Yard waste does not include construction, renovation,
and demolition wastes or clean wood.
The following activities are exempted to the extent covered
by the State Air Pollution Control Board's regulations for the
control and abatement of air pollution:
A. Open burning for training and instruction of government and public
firefighters under the supervision of the designated official and
industrial in-house firefighting personnel;
B. Open burning for campfires or other fires that are used solely for
recreational purposes, for ceremonial occasions, for outdoor noncommercial
preparation of food, and for warming of outdoor workers;
C. Open burning for the destruction of any combustible liquid or gaseous
material by burning in a flare or flare stack;
D. Open burning for forest management and agriculture practices approved
by the State Air Pollution Control Board; and
E. Open burning for the destruction of classified military documents.