15A NCAC 02D .1902      DEFINITIONS

For the purpose of this Section, the following definitions apply:

(1)           "Air Curtain Burner" means a stationary or portable combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit or container 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.

(2)           "Air Quality Action Day Code 'Orange' or above" means an air quality index greater than 100 as defined in 40 CFR Part 58, Appendix G.

(3)           "Air quality forecast area" means for:

(a)           Asheville air quality forecast area: Buncombe, Haywood, Henderson, Jackson, Madison, Swain, Transylvania, and Yancey Counties;

(b)           Charlotte air quality forecast area: Cabarrus, Gaston, Iredell South of Interstate 40, Lincoln, Mecklenburg, Rowan, and Union Counties;

(c)           Hickory air quality forecast area: Alexander, Burke, Caldwell, and Catawba Counties;

(d)           Fayetteville air quality forecast area: Cumberland and Harnett Counties;

(e)           Rocky Mount air quality forecast area: Edgecombe and Nash Counties;

(f)            Triad air quality forecast area: Alamance, Caswell, Davidson, Davie, Forsyth, Guilford, Randolph, Rockingham, and Stokes Counties; and

(g)           Triangle air quality forecast area: Chatham, Durham, Franklin, Granville, Johnston, Person, Orange, Vance, and Wake Counties.

(4)           "Dangerous materials" means explosives or containers used in the holding or transporting of explosives.

(5)           "Initiated" means to start or ignite a fire or reignite or rekindle a fire.

(6)           "HHCU" means the Health Hazards Control Unit of the Division of Public Health.

(7)           "Land clearing" means the uprooting or clearing of vegetation in connection with construction for buildings; right-of-way maintenance; agricultural, residential, commercial, institutional, or industrial development; mining activities; or the initial clearing of vegetation to enhance property value; but does not include routine maintenance or property clean-up activities.

(8)           "Log" means any limb or trunk whose diameter exceeds six inches.

(9)           "Nonattainment area" means an area designated in 40 CFR 81.334 as nonattainment.

(10)         "Nuisance" means causing physical irritation exacerbating a documented medical condition, visibility impairment, or evidence of soot or ash on property or structure other than the property on which the burning is done.

(11)         "Occupied structure" means a building in which people may live or work, or one intended for housing farm or other domestic animals.

(12)         "Off-site" means any area not on the premises of the land-clearing activities.

(13)         "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 atmosphere without passing through a stack, chimney, or a permitted air pollution control device.

(14)         "Operator" as used in .1904(b)(6) and .1904(b)(2)(D) of this Section, means the person in operational control over the open burning.

(15)         "Permanent site" means for an air curtain burner, a place where an air curtain burner is operated for more than nine months.

(16)         "Person" as used in 02D .1901(c), means:

(a)           the person in operational control over the open burning; or

(b)           the landowner or person in possession or control of the land when he has directly or indirectly allowed the open burning or has benefited from it.

(17)         "Pile" means a quantity of combustible material assembled together in a mass.

(18)         "Public pick-up" means the removal of refuse, yard trimmings, limbs, or other plant material from a residence by a governmental agency, private company contracted by a governmental agency, or municipal service.

(19)         "Public road" means any road that is part of the State highway system; or any road, street, or right-of-way dedicated or maintained for public use.

(20)         "RACM" means regulated asbestos containing material as defined in 40 CFR 61.142.

(21)         "Refuse" means any garbage, rubbish, or trade waste.

(22)         "Regional Office Supervisor" means the supervisor of personnel of the Division of Air Quality in a regional office of the Department of Environment and Natural Resources.

(23)         "Salvageable items" means any product or material that was first discarded or damaged and then all, or part, was saved for future use, and include insulated wire, electric motors, and electric transformers.

(24)         "Smoke management plan" means the plan developed following the North Carolina Forest Service's smoke management program and approved by the North Carolina Forest Service. The purpose of the smoke management plan is to manage smoke from prescribed burns of public and private forests to minimize the impact of smoke on air quality and visibility.

(25)         "Synthetic material" means man-made material, including tires, asphalt materials such as shingles or asphaltic roofing materials, construction materials, packaging for construction materials, wire, electrical insulation, and treated or coated wood.


History Note:        Authority G.S. 143-212; 143-213; 143-215.3(a)(1);

Eff. July 1, 1996;

Amended Eff. January 1, 2015; July 1, 2007; December 1, 2005; June 1, 2004; July 1, 1998.