Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 6 - EMISSIONS FROM EXISTING AND NEW POINT SOURCES › Section R18-2-602 - Unlawful Open Burning

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				addition to the definitions contained in A.R.S. §
									49-501,
				in this Section:
1. "Agricultural burning"
				means burning vegetative materials related to producing and harvesting crops
				and raising animals for the purpose of marketing for profit, or providing a
				livelihood, but does not include burning of household waste or prohibited
				materials. A person may conduct agricultural burns in fields, piles, ditch
				banks, fence rows, or canal laterals for purposes such as weed control, waste
				disposal, disease and pest prevention, or site preparation.
2. "Approved waste burner" means an
				incinerator constructed of fire resistant material with a cover or screen that
				is closed when in use, and has openings in the sides or top no greater than one
				inch in diameter.
3. "Class I Area"
				means any one of the Arizona mandatory federal Class I areas defined in A.R.S.
				§
										49-401.01.
4. "Construction burning" means burning wood
				or vegetative material from land clearing, site preparation, or fabrication,
				erection, installation, demolition, or modification of any buildings or other
				land improvements, but does not include burning household waste or prohibited
				material.
5. "Dangerous material"
				means any substance or combination of substances that is capable of causing
				bodily harm or property loss unless neutralized, consumed, or otherwise
				disposed of in a controlled and safe manner.
6. "Delegated authority" means any of the
				following:
a. A county, city, town, air
				pollution control district, or fire district that has been delegated authority
				to issue open burning permits by the Director under A.R.S. §
											49-501(E);
				or
b. A private fire protection
				service provider that has been assigned authority to issue open burning permits
				by one of the authorities in subsection (A)(6)(a).
7. "Director" means the Director of the
				Department of Environmental Quality, or designee.
8. "Emission reduction techniques" means
				methods for controlling emissions from open outdoor fires to minimize the
				amount of emissions output per unit of area burned.
9. "Flue," as used in this Section, means any
				duct or passage for air or combustion gases, such as a stack or
				chimney.
10. "Household waste"
				means any solid waste including garbage, rubbish, and sanitary waste from a
				septic tank that is generated from households including single and multiple
				family residences, hotels and motels, bunkhouses, ranger stations, crew
				quarters, campgrounds, picnic grounds, and day-use recreation areas, but does
				not include construction debris, landscaping rubble, or demolition
				debris.
11. "Independent authority
				to permit fires" means the authority of a county to permit fires by a rule
				adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and
				includes only Maricopa, Pima, and Pinal counties.
12. "Open outdoor fire or open burning" means
				the combustion of material of any type, outdoors and in the open, where the
				products of combustion are not directed through a flue. Open outdoor fires
				include agricultural, residential, prescribed, and construction burning, and
				fires using air curtain destructors.
13. "Prohibited materials" means nonpaper
				garbage from the processing, storage, service, or consumption of food;
				chemically treated wood; lead-painted wood; linoleum flooring, and composite
				counter-tops; tires; explosives or ammunition; oleanders; asphalt shingles; tar
				paper; plastic and rubber products, including bottles for household chemicals;
				plastic grocery and retail bags; waste petroleum products, such as waste
				crankcase oil, transmission oil, and oil filters; transformer oils; asbestos;
				batteries; anti-freeze; aerosol spray cans; electrical wire insulation; thermal
				insulation; polyester products; hazardous waste products such as paints,
				pesticides, cleaners and solvents, stains and varnishes, and other flammable
				liquids; plastic pesticide bags and containers; and hazardous material
				containers including those that contained lead, cadmium, mercury, or arsenic
				compounds.
14. "Residential
				burning" means open burning of vegetative materials conducted by or for the
				occupants of residential dwellings, but does not include burning household
				waste or prohibited material.
15.
				"Prescribed burning" has the same meaning as in
				R18-2-1501.