250-RICR-120-05-4. Open Fires (version Amendment, 07/19/2007 to 07/19/2007)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 4 OPEN FIRES Effective: 2 August 1967 Last Amended: 19 July 2007 AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42- 17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. Page 1 of 3 RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 4 OPEN FIRES 4.1 Definitions Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to the Rhode Island Air Pollution Control General Definitions Regulation. As used in this regulation, the following terms shall, where the context permits, be construed as follows: 4.1.1 "Open fire,” means any fire from which the products of combustion are emitted directly into the open air without passing through a stack. 4.1.2 "Solid waste management facility" means any plant, structure, equipment and other real and personal property acquired, constructed or operated for the purpose of processing, treating or disposing of solid wastes but not segregated solid waste. 4.1.3 "Hazardous waste disposal facility" means real and personal property acquired, constructed or operated for the purpose of the disposal of hazardous waste. 4.2 Prohibition It shall be unlawful for any person to burn any material in an open fire at a solid waste management facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation. 4.3 Exemptions The following shall not be subject to this regulation: (a) Open burning for weed abatement or pest control after receiving written approval from the Director. (b) Bonfires composed of clean, untreated wood or cellulose derivatives for festive occasions conducted by an institution. (c) Open burning of solid or liquid fuels or structures for the purpose of instruction and training of municipal, volunteer and industrial firefighters in the method of fighting fires when conducted under the direct control and supervision of qualified instructors after Page 2 of 3 receiving written approval from the Director. (d) Open burning of combustible material after demonstration to the satisfaction of the Director that no alternative and practical method of disposal of said material is available. Alternative disposal methods may include chipping, cutting for forest products, landfilling, piling for protective cover for wildlife and others. Persons wishing to burn must receive written approval from the Director and demonstrate that approval has been granted by the municipality in which burning is to take place. Such burning must be conducted: (1) during periods of good atmospheric ventilation. (2) without causing a nuisance. (3) With smoke minimizing starters if starters or starting aids are used. 4.4 Effect on Local Ordinances This regulation does not preclude a municipality from prohibiting or attaching any more stringent conditions to any open burning 4.5 General Provisions 4.5.1 Purpose The purpose of this regulation is to prohibit burning of any material in an open fire at a solid waste facility and/or hazardous waste disposal facility or in connection with any salvage, industrial, commercial or institutional operation. 4.5.2 Authority These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 4.5.3 Application The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state law, goals and policies. 4.5.4 Severability If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation Page 3 of 3 shall not be affected thereby. 4.5.5 Effective Date The foregoing regulation, "Open Fires”, as amended, after due notice, is hereby adopted and filed with the Secretary of State this _________ day of _______________, 20___ to become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 23-23, 42- 35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as amended. W. Michael Sullivan, PhD., Director Department of Environmental Management Notice Given on: February 21, 2007 Public Hearing held: March 23, 2007 Filing Date: June 29, 2007 Effective Date: July 19, 2007