220.127.116.11 Permitted Activity Rule – Open Burning and Incineration
The discharge of contaminants into air and any subsequent discharge of contaminants onto land from open burning* and incineration* of:
- Untreated wood and vegetative matter
- Paper and cardboard
- Food waste
- Non halogenated plastics1
- Animal carcasses on production land
is a permitted activity subject to the following conditions:
- As specified in Section 6.1.8 conditions a) to e) of this Plan.
- The material is sourced only from the property where the burning occurs, except if the material is from authorised vegetative clearance associated with road maintenance.
- The material being burnt shall not be within a landfill site or waste transfer station.
- The material being burnt or incinerated shall not be material that is listed in Rule 18.104.22.168.
- The material being incinerated shall not included the following materials:
- fluorine, chlorine, phosphorous or nitrogen that has been chemically combined by human manufacturing.
- Before burning materials under this Rule, consideration of alternatives to burning eg. Composting of organic matter (as provided in Chapter 5.2) should be considered.
- Territorial authority fire permits and by-laws for burning will need to be adhered to in conjunction with this Rule.
- If good practice is applied in conjunction with this Rule then adverse effects beyond the boundary from this scale of activity should not occur.
- Guidance on reducing the effects of burning for land clearance purposes is also available in the New Zealand Forest Cost of Practice (New Zealand Logging Industry Research Organisation; 1993).
- Refer also to Rule 22.214.171.124 Permitted Activity Rule – Miscellaneous and Rule 126.96.36.199 Discretionary Activity Rule – General Rule (Section 6.1.9).
- Refer also to Rules 188.8.131.52 and 184.108.40.206 of this Plan regarding accelerated erosion from vegetation clearance.
- If any of these conditions are not complied with, then refer to Rules 220.127.116.11, 18.104.22.168 and 22.214.171.124.
126.96.36.199 Discretionary Activity Rule – Open Burning and Incineration
The discharge of contaminants into air from open burning and incineration of any material in a manner that is not permitted, or does not comply with Rules 188.8.131.52 or 184.108.40.206 or is not otherwise prohibited by 220.127.116.11 is a discretionary activity (requiring resource consent).
- Information requirements to enable the assessment of any application under this Rule are as set out in Section 18.104.22.168. In addition, assessment shall also take into account the matters identified in the policies in Section 6.1.3 of this Chapter.
22.214.171.124 Non-Complying Activity Rule – Open Burning and Incineration
The discharge of contaminants into air from the open burning of tar and bitumen until 1 January 2006, is a non-complying activity (requiring resource consent).
- After 1 January 2006, this activity becomes prohibited pursuant to Rule 126.96.36.199.
188.8.131.52 Prohibited Activity Rule – Open Burning of Specified Material
The discharge of contaminants into air and any subsequent discharge of contaminants onto land from the open burning of the following materials:
- Halogenated organic chemicals
- Materials containing heavy metals
- Pitch, paint and paint residues and surface coatings
- Pathological waste (excluding animal carcasses on production land)
- Agrichemicals and agrichemical containers containing residues
- Polyvinylchloride (PVC) plastic and plastics containing halogenated material
- Copper-chrome-arsenic (CCA) treated timber or timber treated with organochlorine (PCP)
- Rubber and tyres
- Waste oil and other waste petroleum products including sludge
- Sludge from industrial processes
- Hazardous materials from contaminated sites and buildings
- Materials associated with the recovery of metals from cables
- Components of motor vehicles
- Tar and bitumen from 1 January 2006
- Any material within a landfill* or a refuse transfer station;
is a prohibited activity.
Exclusion to Rule 184.108.40.206:
- Any authorised open burning undertaken by the New Zealand Fire Service.
- Good practice guides already exist regarding the burning of CCA treated timber2. It should be noted that Waikato Regional Council is not going to take a prosecution based on open burning when the source is an accidental house fire.
- Authorised means that the appropriate fire permits are obtained from the relevant territorial authority.
Explanation and Principal Reasons for Adopting Methods 220.127.116.11 to 18.104.22.168
These rules apply to the discharge of contaminants into air from both industrial or trade premises and non-industrial or trade premises. For the purposes of this section opening burning refers to the burning of materials other than in a purpose built incinerator. Incineration refers to the application of a combustion process under controlled conditions to convert waste into ash and gases. The combustion system should have control over oxygen, temperature, turbulence and residence time. Incineration undertaken with adequate control systems (such as temperature and residence time), in general, produces a cleaner and more efficient burn with minimal contaminants being released and also allows for the collection of the ash that can contain hazardous contaminants.
Rule 22.214.171.124 provides for the open burning and incineration of specified materials. When burnt, the materials listed in parts 1 to 5 should not create adverse effects on air quality because of the relatively benign nature of the compounds in those materials. Good practice in terms of these materials would mean that alternatives such as composting or recycling should be considered an option before burning. However, if burning needs to occur, conditions a) to e) must be complied with.
Rule 126.96.36.199 provides for open burning and incineration of those materials listed in parts 1 to 5 only if the material being burnt is sourced from the property where the burning occurs, as provided in condition b). This means that materials from neighbouring properties should not be collected and burnt on one site. However, the Rule also recognises that contractors authorised to undertake roadside maintenance require the ability to relocate untreated wood and vegetative matter obtained from this activity, to an appropriate location for burning.
Rule 188.8.131.52 Conditions c), d) and e) are explicit about the materials that should not be burnt as part of this permitted activity rule. Waikato Regional Council wishes to retain control of the effects from the incineration of those materials listed in condition e) due to the potential for these materials to generate objectionable, offensive, dangerous or noxious effects. The burning of these materials therefore is discretionary, as provided under Rule 184.108.40.206.
Rule 220.127.116.11 ensures Waikato Regional Council has control over the open burning or incineration of any material not already addressed by Rules 18.104.22.168, 22.214.171.124 and 126.96.36.199.
Rule 188.8.131.52 specifically provides for the open burning of tar and bitumen, as a noncomplying activity, until 1 January 2006. After this date this activity will be prohibited. Although this method of removing road seal is considered to be no longer environmentally acceptable, more environmentally sound technologies are yet to be proved. The 5year period prior to this activity becoming prohibited provides a transition period for the development of these methods.
Rule 184.108.40.206 is a prohibited activity. This means that from the date of public notification of this Plan, subject to existing use rights under s20 of the RMA, the burning of the material listed in this Rule will be prohibited and no resource consent will be granted for this activity. The open burning of these materials is not good practice. Open burning does not allow the combustion process to be controlled sufficiently to avoid or mitigate adverse effects on the receiving environment. There are other technologies that can be used to recover the materials stated or to dispose of them that are economically viable. Examples of the types of materials that shall not be burnt in the open under this Rule are listed in Table 6-3. There is only one exception to this Rule and that is the burning of these materials as part of the authorised activities of the New Zealand Fire Service. These activities relate primarily to fire training activities.
The open burning of the materials listed in Rule 220.127.116.11 produce hazardous contaminants such as known carcinogens, high toxicity contaminants such as dioxins, and potentially mutagenic* and teratogenic* contaminants.
Table 6-3 Examples for Rule 18.104.22.168
|1. Halogenated organic chemicals.
||Fluorescent light fittings and electrical equipment containing Polychlorinated Biphenyl (PCB’s), Pesticides such as Dieldrin or Pentachlorophenol (PCP) and solvents such as Tricholoroethane (PEC).
|2. Materials containing heavy metals.
||Batteries, treated timber and other substances containing metals such as lead, zinc, arsenic, chromium, cadmium, copper, mercury and thorium.
|3. Pitch, paint and paint residues and surface coatings.
||Painted corrugated iron, paint containers, coated metals.
||Old linoleum, some roofing material, and insulation material.
|5. Pathological waste (excluding animal carcasses on production land).
||Waste from medical labs, hospitals, veterinary clinics and doctors surgeries.
|6. Agrichemicals and agrichemical containers containing residues.
||Waste agrichemicals, chemical containers that have not been triple-rinsed.
|7. Polyvinylchloride (PVC) plastic and plastics containing halogenated material.
||Any plastic identified with the number ‘3’ in the recycling triangle on the container.
|8. Copper-chrome-arsenic treated timber or timber treated with organochlorine.
||Timber that has been treated to be highly resistant to rot (e.g. H3 and H4, which refers to the grade of treatment).
|9. Rubber and tyres.
||Old tyres, and other material containing rubber.
|10. Waste oil and other waste petroleum products including sludge.
||Petrol engine oil, diesel engine oil, gear and transmission oils, metalworking oils, hydraulic oils.
|11. Sludge from industrial processes.
||Biosolids, electroplating liquor, spent solvent, contaminated soil and contaminated construction material.
|12. Hazardous materials from contaminated sites and buildings.
||Covered in numbers 2, 3, 4, 7, 9 and 10 of this Table.
|13. Materials associated with the recovery of metals from cables.
||Insulated electrical cables.
|14. Components of motor vehicles.
||Upholstery, plastic, tyres, rubber and waste oil.
|15. Tar and bitumen.
||Road seal burning.
|16. Any material within a municipal waste disposal premises.
||Solid waste from domestic and industrial premises, including a range hazardous substances, waste at landfills or refuse transfer stations.