This chapter shall be known as the "Shenandoah County Ordinance for
the Regulation of Open Burning."
The purpose of this chapter is to protect public health, safety and
welfare by regulating open burning within Shenandoah 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 Shenandoah County, the words or phrases shall have the meaning given
them in this section:
AUTOMOBILE GRAVEYARD
Any lot or place which is exposed to the weather and upon which more
than five (5) motor vehicles of any kind, incapable of being operated, and
which it would not be economically practical to make operative, are placed,
located or found.
CLEAN-BURNING WASTE
Waste which does not produce dense smoke when burned and is not prohibited
to be burned under this chapter.
CONSTRUCTION WASTE
Solid waste which is produced or generated during construction of
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 semiliquids 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
Stumps, wood, brush and leaves from land clearing operations.
DEMOLITION WASTE
That solid waste which is produced by the destruction of structures
and their foundations and includes the same materials as construction waste.
GARBAGE
Rotting animal and vegetable matter accumulated by a household in
the course of ordinary day-to-day living.
HAZARDOUS WASTE
Refuse or combination of refuse which, because of its quantity, concentration
or physical, chemical or infectious characteristics may:
A.
Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating illness; or
B.
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed or otherwise
managed.
HOUSEHOLD REFUSE
Waste material and trash normally accumulated by a household in the
course of ordinary day-to-day living.
INDUSTRIAL WASTE
All waste generated on the premises of manufacturing and industrial
operations, such as but not limited to those carried on in factories, processing
plants, refineries, slaughterhouses and steel mills.
JUNKYARD
An establishment or place of business which 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 fills.
LANDFILL
A sanitary landfill, an industrial waste landfill or a construction/demolition
debris landfill. See Solid Waste Management Regulations (VR 672-20-10) for
further definitions of these terms.
LOCAL LANDFILL
Any landfill located within the jurisdiction of a local government.
OPEN BURNING
The burning of any matter in such a manner that the products resulting
from combustion are emitted directly into the atmosphere without passing through
a stack, duct or chimney.
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 destructors
and over draft incinerators.
REFUSE
Trash, rubbish, garbage and other forms of solid or liquid waste,
including but not limited to wastes resulting from residential, agricultural,
commercial, industrial, institutional, trade, construction, land clearing,
forest management and emergency operations.
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 which 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
and nonhazardous industrial solid waste. See Solid Waste Management Regulations
(VR 672-20-10) for further definitions of these terms.
SMOKE
Small gasborne particulate matter consisting mostly, but not exclusively,
of carbon, ash and other material in concentrations sufficient to form a visible
plume.
SPECIAL INCINERATION DEVICE
A pit incinerator, conical or teepee burner, or any other device
specifically designed to provide good combustion performance.
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 fire fighters under the supervision of the designated official
and industrial in-house fire-fighting personnel.
B. Open burning for camp fires 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.
E. Open burning for the destruction of classified military
documents.