Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 130 - REGULATION FOR OPEN BURNING › Part I - General Provisions › Section 9VAC5-130-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
				  of this chapter and subsequent amendments or any orders issued by the board,
				  the words or terms shall have the meanings given them in subsection C of this
				  section.
B. As used in this
				  chapter, all terms not defined here shall have the meanings given them in
				  9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined:
"Air curtain incinerator" means an incinerator that
					 operates by forcefully projecting a curtain of air across an open chamber or
					 pit in which combustion occurs. Incinerators of this type can be constructed
					 above or below ground and with or without refractory walls and floor. Air
					 curtain incinerators are not to be confused with conventional combustion
					 devices with enclosed fireboxes and controlled air technology such as mass
					 burn, modular, and fluidized bed combustors.
"Automobile graveyard" means any lot or place that is
					 exposed to the weather and upon which more than five motor vehicles of any
					 kind, incapable of being operated, and that it would not be economically
					 practical to make operative, are placed, located or found.
"Built-up area" means any area with a substantial portion
					 covered by industrial, commercial or residential buildings.
"Clean burning waste" means waste that is not prohibited
					 to be burned under this chapter and that consists only of (i) 100% wood waste,
					 (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100%
					 mixture of only any combination of wood waste, clean lumber, clean wood or yard
					 waste.
"Clean lumber" means wood or wood products that have been
					 cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean
					 lumber does not include wood products that have been painted, pigment-stained,
					 or pressure-treated by compounds such as chromate copper arsenate,
					 pentachlorophenol, and creosote.
"Clean wood" means uncontaminated natural or untreated
					 wood. Clean wood includes, but is not limited to, byproducts of harvesting
					 activities conducted for forest management or commercial logging, or mill
					 residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It
					 does not include wood that has been treated, adulterated, or chemically changed
					 in some way; treated with glues, binders or resins; or painted, stained or
					 coated.
"Commercial waste" means all solid waste generated by
					 establishments engaged in business operations other than manufacturing or
					 construction. This category includes, but is not limited to, waste resulting
					 from the operation of stores, markets, office buildings, restaurants and
					 shopping centers.
"Construction waste" means solid waste that is produced or
					 generated during construction, remodeling, or repair of pavements, houses,
					 commercial buildings and other 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 semi-liquids, and garbage
					 are not construction wastes and the disposal of such materials shall be in
					 accordance with the regulations of the Virginia Waste Management Board.
"Debris waste" or "vegetative debris" means wastes
					 resulting from land clearing operations. Debris wastes include but are not
					 limited to stumps, wood, brush, leaves, soil and road spoils.
"Demolition waste" means that solid waste that is produced
					 by the destruction of structures, or their foundations, or both, and includes
					 the same materials as construction waste.
"Garbage" means readily putrescible discarded materials
					 composed of animal, vegetable or other organic matter.
"Hazardous waste" means a "hazardous waste" as described
					 in 9VAC20-60 (Virginia Hazardous Waste Management Regulations).
"Household waste" means any waste material, including
					 garbage, trash and refuse derived from households. For purposes of this
					 regulation, households include single and multiple residences, hotels and
					 motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds
					 and day-use recreation areas. Household wastes do not include sanitary waste in
					 septic tanks (septage) that is regulated by other state agencies.
"Industrial waste" means any solid waste generated by
					 manufacturing or industrial process that is not a regulated hazardous waste.
					 Such waste may include but is not limited to waste resulting from the following
					 manufacturing processes: electric power generation; fertilizer/agricultural
					 chemicals; food and related products/byproducts; inorganic chemicals; iron and
					 steel manufacturing; leather and leather products; nonferrous metals
					 manufacturing/foundries; organic chemicals; plastics and resins manufacturing;
					 pulp and paper industry; rubber and miscellaneous plastic products; stone,
					 glass, clay and concrete products; textile manufacturing; transportation
					 equipment; and water treatment. This term does not include mining waste or oil
					 and gas waste.
"Junk" means old or scrap copper, brass, rope, rags,
					 batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or
					 wrecked automobiles, or parts thereof, iron, steel, and other old or scrap
					 ferrous or nonferrous material.
"Junkyard" means an establishment or place of business
					 that 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 landfills.
"Landfill" means a sanitary landfill, an industrial waste
					 landfill, or a construction/demolition/debris landfill. See Part I
					 (9VAC20-81-10 et seq.) of 9VAC20-81
					 (Solid Waste Management Regulations) for further definitions of these
					 terms.
"Local landfill" means any landfill located within the
					 jurisdiction of a local government.
"Open burning" means the combustion of solid waste
					 without:
1. Control of combustion air
				  to maintain adequate temperature for efficient combustion;
2. Containment of the combustion reaction in
				  an enclosed device to provide sufficient residence time and mixing for complete
				  combustion; and
3. Control of the
				  combustion products' emission.
"Open pit incinerator" means 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
					 byproducts emitted into the atmosphere. The term also includes trench burners,
					 air curtain incinerators and over draft incinerators.
"Refuse" means all solid waste products having the
					 characteristics of solids rather than liquids and that are composed wholly or
					 partially of materials such as garbage, trash, rubbish, litter, residues from
					 clean up of spills or contamination or other discarded materials.
"Regular burn site" means state controlled property where
					 burning conducted by the Virginia Department of Transportation is expected to
					 occur greater than once per year.
"Salvage operation" means 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" means an engineered land burial
					 facility for the disposal of household waste that 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, construction, demolition, or
					 debris waste and nonhazardous industrial solid waste. See Part I (9VAC20-81-10 et seq.) of 9VAC20-81
					 (Solid Waste Management Regulations) for further definitions of these
					 terms.
"Smoke" means small gas-borne particulate matter
					 consisting mostly, but not exclusively, of carbon, ash and other material in
					 concentrations sufficient to form a visible plume.
"Special incineration device" means an open pit
					 incinerator, conical or teepee burner, or any other device specifically
					 designed to provide good combustion performance.
"Wood waste" means untreated wood and untreated wood
					 products, including tree stumps (whole or chipped), trees, tree limbs (whole or
					 chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood
					 waste does not include:
1.
				  Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs
				  from residential, commercial/retail, institutional, or industrial sources as
				  part of maintaining yards or other private or public lands.
2. Construction, renovation, or demolition
				  wastes.
3. Clean lumber.
"Volatile organic compound emissions control area" means
					 an area designated as such under
					 9VAC5-20-206.
"Yard waste" means grass, grass clippings, bushes, shrubs,
					 and clippings from bushes and shrubs that come from residential,
					 commercial/retail, institutional, or industrial sources as part of maintaining
					 yards or other private or public lands. Yard waste does not include (i)
					 construction, renovation, and demolition wastes or (ii) clean
					 wood.