7 Del. Admin. Code § 1113-3.0

Current through Register Vol. 28, No. 1, July 1, 2024
Section 1113-3.0 - Definitions

The following words and terms, when used in this regulation, shall have the following meanings:

"10-day notification" means a notification that shall be made in accordance with 40 CFR Section 61.145.

"Agricultural operations" means an activity on land currently used or intended to be used primarily for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by raising and selling livestock or poultry. Agricultural operation also means activities conducted by not-for-profit agricultural research organizations, which activities are necessary to serve that purpose. It does not include the construction and use of structures customarily provided in conjunction with the agricultural operation.

"Asbestos" means any or all of the forms of asbestos including Actimolite, Amosite, Anthophyllite, Chrysotile, Crocidolite, or Tremolite.

"Asbestos containing material" means asbestos or any material containing asbestos.

"Ceremonial fires" means bonfires used for ceremonies sponsored by educational, cultural, or religious institutions.

"Code orange day" means a day which has been designated by the Department as a "Code Orange" day for expected pollution intensity.

"Code red day" means a day which has been designated by the Department as a "Code Red" day for expected pollution intensity.

"Crop residue" means any vegetative material remaining after harvesting, including leaves, stalks, roots.

"Department" means the Department of Natural Resources and Environmental Control as defined in 9 Del.C. Ch 80, as amended.

"Friable asbestos material" means any material that contains more than 1% asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure.

"Fuel" means any combustible matter including, but not limited to coal, gas, oil, and refuse.

"Garbage" means animal or vegetable waste matter originating in houses, kitchens, restaurants, hotels, produce markets or similar installations.

"Incineration" means the process of igniting and burning solid, semi solid, liquid, or gaseous combustible waste to their products of combustion.

"Industrial waste" means any waste produced by a manufacturing process.

"Material" means any gas, liquid, or solid or any combination thereof.

"Open burning" means any outdoor fire or outdoor smoke-producing process from which the products of combustion are emitted directly into the ambient air. This does not include incinerators, boilers, or heaters used in process operations.

"Person" means any individual, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, developer, user or owner or operator, or any federal, state or local governmental agency or public district or any officer or employee thereof.

"Perimeter field maintenance" means the open burning and removal of vegetation from the perimeter of a field in crop production or livestock for the specific purpose of keeping the field free and clear of vegetative obstruction that prohibit the agricultural operations.

"Prescribed burning" means open burning of undisturbed vegetation for the specific purpose of conservation practices, wildlife habitat management, or plant, pest or disease control under such conditions that the fire is confined to a predetermined area.

"Private dwelling" means a domestic residence housing no more than three families and where no commercial or industrial activity is conducted.

"Recreational purposes" means any purpose which, in the judgment of the Department, fulfills a physical or social need, including, but not limited to, camping, ceremonies, and religious rites.

"Refuse" means garbage, rubbish, or trade waste.

"Rubbish" means waste solids or liquids including but not necessarily limited to, rags, clothes, leather, rubber, carpets, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry, tires, or waste oil.

"Salvage operation" means any business, trade or industry engaged entirely or partially in salvaging or reclaiming any product or material, including, but not necessarily limited to metal, chemicals, motor vehicles, shipping containers or drums.

"Silviculture" means the care and cultivation of forest trees.

"Solid fuel" means a fuel which is fired as a solid, such as anthracite or semi anthracite, bituminous or sub bituminous coal, lignite, coke, wood, or any solid by product of a manufacturing process that may be substituted for any of the above specifically mentioned fuels.

"Solid waste" means refuse, more than 50% of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such as glass and rock.

"Standard for demolition and renovation" means standard of the asbestos in National Emission Standard for Hazardous Air Pollutants (NESHAP), as adopted through July 1, 2006.

"Trade waste" means any solid, liquid, or gaseous waste material or rubbish resulting from construction, land clearing for construction or development, building operations, or the prosecution of any business, trade, or industry including, but not necessarily limited to, wood, plastic products, cartons, paint, grease, oil and other petroleum products, chemicals or cinders.

"Waste oil" means used or spent oil or solvents or other volatile hydrocarbons, including but not limited to crankcase oil.

04/11/2007

7 Del. Admin. Code § 1113-3.0