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.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 4

OPEN FIRES

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:

"Open fire,” means any fire from which the products of combustion are

emitted directly into the open air without passing through a stack.

"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.

"Hazardous waste disposal facility" means real and personal property
acquired, constructed or operated for the purpose of the disposal of
hazardous waste.

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.

Exemptions

The following shall not be subject to this regulation:

Open burning for weed abatement or pest control after receiving written
approval from the Director.

Bonfires composed of clean, untreated wood or cellulose derivatives for
festive occasions conducted by an institution.

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 receiving
written approval from the Director.

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:

during periods of good atmospheric ventilation.

without causing a nuisance.

With smoke minimizing starters if starters or starting aids are used.

Effect on Local Ordinances

This regulation does not preclude a municipality from prohibiting or
attaching any more stringent conditions to any open burning

General Provisions

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.

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

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.

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 shall not
be affected thereby.

Effective Date

The foregoing regulation, "Open Fires”, as amended, after due notice,
is hereby adopted and filed with the Secretary of State this __29th__
day of __June___, 2007__ 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

 

 

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