For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLEAN WOOD. Natural wood which has not been painted, varnished, or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.
EMERGENCY SITUATION. To any situation that because of:
(1) The type of material being burned (i.e., hazardous or noxious materials);
(2) The atmospheric conditions during the burning; or
(3) The careless nature in which the burning is occurring; poses a threat to the public health, the safety of public or private property, or the welfare of the environment.
EXEMPTION. Defined under 326 I.A.C. 4-1-3, EXEMPTIONS include, but are not limited to, allowances for open burning to occur when burning clean untreated wood and natural wood products (including leaves), charcoal; and other traditional food cooking fuels; vegetation from a farm; an orchard, a nursery, a tree farm, or a drainage ditch; as well as fires used for recreational or ceremonial purposes, such as school pep rally fires or the celebration of scout activities, unless prohibited by a burn ban or local ordinance.
HAZARDOUS MATERIALS. Any waste that because of its quantity; concentration; or physical, chemical, or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitating reversible illness;
(2) Pose a substantial present or potential hazard to health or the environment when improperly treated, stored, transported, handled, disposed of, or otherwise managed;
(3) Be non-degradable or persistent in the environment;
(4) Be biologically magnified;
(5) Cause or tend to cause cumulative effects; or
(6) Be defined in 40 C.F.R. § 261.3 and any future amendments.
NOXIOUS MATERIALS. Materials that, when burned, produce byproducts that may be injurious to human health or the environment. This list of materials shall include, but not limited to, tires, roofing material, treated lumber, waste oil, oil contaminated products, herbicide/pesticide products, and their containers.
OPEN BURNING. Defined under 326 I.A.C. 4-1-0.5(6) as the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber.
PERSON. Defined under I.C. 13-11-2-158 as any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, municipal corporation, school, city, town, school district, school corporation, county, any consolidated unit of government, political subdivision, state agency, a contractor, or any other legal entity.
PREDOMINANTLY WOODEN STRUCTURE. A clean wood structure with no coatings, wiring, plumbing fixtures, or other non-wood items.
SOLID WASTE. Any garbage, refuse, sludge, or other discard or disposed materials including solid, liquid, or semi-solid or contained gaseous materials resulting from any operation, activity, or source. For the purposes of this subchapter, this definition excludes hazardous materials as defined above.
STACK. A duct, chimney, flue, or other conduit arranged for the purpose of emission or channeling of air pollutants into the atmosphere.
TRASH. Any waste material except clean wood products and leaves.
UNATTENDED BURNING. The burning of materials without a person in attendance. This definition shall include, but not be limited to, leaving the property where open burning is occurring, being outside of visual sight of where the open burning is occurring, going indoors while open burning, and leaving a fire before it is fully extinguished.
VARIANCE. A permit allowing open burning with the approval of the IDEM - Office of Air Quality Compliance Branch or its designated agent or agents.
(Ord. 2015-1, passed 9-21-2015)