Section 1200-03-04-.02 - DEFINITIONS(1) As used in this Rule Chapter, all terms not defined herein shall have the meaning given them in Rule Chapter 1200-3-2. (b) "Air Pollution Emergency Episode" is defined as air pollution alerts, warnings, or emergencies declared by the Tennessee Division of Air Pollution Control during adverse air dispersion conditions that may result in harm to public heath or welfare.(c) "Natural Disaster" is defined as any event commonly referred to as an "Act of God" and includes but is not limited to the following weather - related or naturally - occurring categories of events: tornadoes, hail and wind storms, snow or ice storms, flooding, and earthquakes.(d) "Open Burning" is the burning of any matter under such conditions that products of combustion are emitted directly into the open atmosphere without passing directly through a stack. Open burning includes, but is not limited to, fires located or burning in a pile on the ground, a barrel, a fire pit, or other semi-enclosure. The use of an air curtain destructor or air curtain incinerator is considered incineration subject to the permitting requirements of Rule Chapter 1200-3-9, and is explicitly not considered open burning.(e) "Person" is any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, an agency, authority, commission, or department of the United States government, or of the State of Tennessee government; or any other legal entity, or their legal representative, agent, or assigns.(g) "Wood Waste" is defined as any product which has not lost its basic character as wood, such as bark, sawdust, chips and chemically untreated lumber whose "disposition" by open burning is to solely get rid of or destroy. Plant life of a herbaceous nature, such as leaves, whether attached , fallen, and/or collected, evergreen needles, and grasses, are not considered "wood waste". Additionally, manufactured lumber products, such as plywood, fiberboard, particleboard, and paneling, are not considered "wood waste". Painted or artificially stained wood is not considered "wood waste".Tenn. Comp. R. & Regs. 1200-03-04-.02
Original rule certified June 7, 1974. Amendment filed January 10, 1977; effective February 9, 1977. Amendment filed February 5, 1979; effective March 21, 1979. Amendment filed September 21, 1988; effective November 6, 1988. Amendment filed May 17, 1990; effective July 1, 1990. Amendment filed June 26, 2001; effective September 7, 2001. Amendment filed January 17, 2003; effective April 1, 2003. Amendment filed September 9, 2005; effective November 23, 2005. Amendment filed June 28, 2007; effective September 11, 2007.Authority: T.C.A. §§ 4-5-202, 68-201-101 et seq., and 68-25-105.