The discharge of contaminants into air and any subsequent discharge of contaminants onto land from open burning* and incineration* of:
is a permitted activity subject to the following conditions:
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 184.108.40.206 or 220.127.116.11 or is not otherwise prohibited by 18.104.22.168 is a discretionary activity (requiring resource consent).
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).
The discharge of contaminants into air and any subsequent discharge of contaminants onto land from the open burning of the following materials:
is a prohibited activity.
Exclusion to Rule 22.214.171.124:
Explanation and Principal Reasons for Adopting Methods 126.96.36.199 to 188.8.131.52
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 184.108.40.206 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 220.127.116.11 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 18.104.22.168 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 22.214.171.124.
Rule 126.96.36.199 ensures Waikato Regional Council has control over the open burning or incineration of any material not already addressed by Rules 188.8.131.52, 184.108.40.206 and 220.127.116.11.
Rule 18.104.22.168 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 22.214.171.124 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 126.96.36.199 produce hazardous contaminants such as known carcinogens, high toxicity contaminants such as dioxins, and potentially mutagenic* and teratogenic* contaminants.
|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.|
|4. Asbestos3.||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.|