1604.01 DEFINITIONS.
   As used in Chapter 3745-19 of the Ohio Administrative Code and this chapter:
   (a)   "Agricultural waste" means any matter generated by crop, horticulture or livestock production practices, and includes such items as bags, cartons, structural materials and landscape wastes that are generated in agricultural activities, but does not include land clearing waste, buildings, garbage, dead animals, motor vehicles and parts thereof, nor economic poisons and containers therefor, unless the manufacturer has identified open burning as a safe disposal procedure.
   (b)   "Economic poisons" include but are not restricted to pesticides such as insecticides, fungicides, rodenticides, miticides, nematocides, and fumigants, herbicides, seed disinfectants and defoliants.
   (c)   "Fire Official" means the Safety-Service Director or his or her designee.
   (d)   "Garbage" means any matter resulting from the handling, processing, preparation, cooking, and consumption of food or food products.
   (e)   "Landscape waste" means any plant matter, except garbage, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.
   (f)   "Land clearing waste" means plant matter which is removed from the land, including plant matter removed from stream banks during projects involving more than one property owner, for the purpose of rendering the land useful for residential, commercial or industrial development.
   (g)   "Ohio EPA" means the Ohio Environmental Protection Agency Director or agencies delegated authority by such Director pursuant to Ohio R.C. 3704.03 or the Chief of any Ohio Environmental Protection Agency district office.
   (h)   "Open burning" means the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney. Open burning includes the burning of any refuse or salvageable material in any device not subject to or designed specifically to comply with the requirements of Ohio Administrative Code 3745.17.09 or 3745.17.10.
   (i)   "Residential waste" means any matter, including landscape wastes, generated on a one-, two-, or three-family residence as a result of residential activities, but not including garbage.
   (j)   "Restricted area" means the following:
      A.   Except as provided in division B. of this definition, the area within the boundary of any municipal corporation established in accordance with the provisions of Ohio R.C. Title 7, plus a zone extending 1,000 feet beyond the boundaries of any such municipal corporation having a population of 1,000 to 10,000 persons and a zone extending one mile beyond any such municipal corporation having a population of 10,000 persons or more according to the latest federal census.
      B.   The phrase shall not include any municipal corporation the territory of which is located on an island in Lake Erie except that, during the yearly period between Memorial Day and Labor Day, any such municipal corporation shall be required to comply with the requirements of division (c) of this section.
   (k)   "Unrestricted area" means all areas outside the boundaries of a restricted area as defined in subsection (j) hereof.
(OAC 3745.19.01) (Ord. 02-021. Passed 12-9-02.)