Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-256 - OPEN BURNING › Section 62-256.200 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words, phrases, or terms when used in this
				  chapter shall, unless the content otherwise indicates, have the following
				  meanings:
(1) "Air curtain
				incinerator" is a portable or stationary combustion device that directs a plane
				of high velocity forced draft air through a manifold head into a pit with
				vertical walls in such a manner as to maintain a curtain of air over the
				surface of the pit and a recirculating motion of air under the curtain. An air
				curtain incinerator is considered open burning for purposes of this chapter and
				Rule  62-701.300, F.A.C.
(2) "Air pollution episode" is any day on
				which generally unhealthy air (an Air Quality Index value of 151 or greater)
				occurs or is forecast to occur by the Department.
(3) "Department" is the Department of
				Environmental Protection.
(4)
				"Extinguished" means the absence of any visible flames, smoke or
				emissions.
(5) "Garbage" means all
				kitchen and table food waste, animal or vegetative waste that is attendant with
				or results from the storage, packaging, preparation, cooking or handling of
				food materials.
(6) "Group I
				containers" means combustible containers which formerly contained organic or
				metallo-organic pesticides, except organic mercury, lead, cadmium, or arsenic
				compounds.
(7) "Land clearing
				debris" is uprooted or cleared vegetation resulting from a land clearing
				operation, including any untreated wood generated by the land clearing
				operation (e.g., untreated fence posts).
(8) "Land clearing operation" means the
				uprooting or clearing of vegetation in connection with construction for
				buildings and rights-of-way; land development; or mineral operations. It does
				not include landscaping and yard maintenance operations or other such routine
				property clean-up activities.
(9)
				"National Weather Service air stagnation advisory" is an advisory issued by the
				National Weather Service to caution local and regional agencies of
				meteorological conditions which are conducive to poor dispersion and that are
				expected to persist for at least 36 hours.
(10) "Open burning" means the burning of any
				matter in such a manner that the products of combustion resulting from the
				burning are emitted directly into the outdoor atmosphere without passing
				through a stack or chimney.
(11)
				"Open field" means any location in a well ventilated cleared area that is at
				least 200 feet in all directions from any wooded area or occupied building(s),
				and 100 feet from any public road.
(12) "Pesticide" means any substance or
				mixture substances intended for preventing, destroying, repelling, or
				mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of
				plant or animal life or viruses, except viruses or fungi on or in living man or
				other animals, which the Department of Agriculture and Consumer Services shall
				declare to be a pest, and any substance or mixture of substances intended for
				use as a plant regulator, defoliant, or desiccant.
(13) "Sunset" is the official time the sun
				will set as set forth by the U.S. Naval Observatory (tables are available at
				National Weather Service offices and on the internet at
www.usno.navy.mil
).
(14) "Trash" means materials resulting from
				the construction, renovation or demolition of a structure, and other debris
				such as paper, cardboard, packing material, cloth, glass, street sweepings,
				vehicle tires and other like matter. The term does not include untreated wood
				or vegetative debris.
(15) "Treated
				wood" means wood coated or infused with paint, glue, filler, pentachlorophenol,
				creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood
				preservatives or treatments.
(16)
				"Tree cutting debris" is debris consisting of trees, tree stumps, and tree
				limbs resulting from a tree removal or tree trimming operation.
(17) "Untreated wood" means wood (including
				lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free
				of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated
				copper arsenate (CCA), and other wood preservatives or treatments.
(18) "Waste pesticide containers" means any
				containers made of combustible materials, including but not limited to paper,
				plastic, or burlap, which formerly contained pesticides and which the
				manufacturer or formulator provided as an end user conveyance for the specified
				product.
(19) "Yard waste" means
				vegetative matter resulting from landscaping and yard maintenance operations
				and other such routine property clean-up activities. It includes materials such
				as leaves, shrub trimmings, grass clippings, palm fronds, and brush. It does
				not include land clearing debris or tree cutting debris.
Rulemaking Authority
					 403.061 FS. Law Implemented
					 403.031,
					 403.061
					 FS.
New 7-1-71, Amended 1-11-82, 7-30-85, Formerly 17-5.02,
					 Amended 10-20-86, Formerly 17-5.020, 17-256.200, Amended 11-30-94,
					 7-6-05.