Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 3 - OPEN BURNING
Section 11-60.1-51 - Definations

As used in this subchapter:

"Agricultural burning" means the use of open burning in agricultural operations, forest management, or range improvements.

"Agricultural operation" means a bona fide agricultural, silvicultural, or aquacultural activity for the purpose of making a profit by raising, harvesting and selling crops, or by raising and selling livestock or poultry, or produce thereof. Agricultural operation also means activities conducted by non-profit agricultural research organizations and by educational institutions for the purpose of providing agricultural instruction. The burning of animal carcasses is not an agricultural operation.

"Attended" means to be physically present at the immediate location of the fire, to actively and physically look after, or to actively and physically take charge of.

"Auxiliary fuels" means butane, propane, pipeline quality natural gas, liquefied petroleum gas, or a petroleum liquid having an American Petroleum Institute gravity of at least 30.

"Aquacultural" means dealing with the cultivation of the natural produce of water.

"Clearing of land" means the removal of non-agricultural waste or vegetation from land not currently being utilized for agricultural operations, or not associated with forest management or range improvement.

"Cooking fuel" means any fuel that is processed, marketed, and sold by commercial establishments specifically for the cooking of food.

"District" means a geographic area, as designated by the director, to distinguish appropriate air basins for the purpose of smoke management,

"Forest management" means wildland vegetation management using prescribed burning procedures which have been approved by the forestry division or responsible federal agency prior to the commencement of any burn and which are being conducted by a public agency or through a cooperative agreement involving a public agency. The fire department may be consulted for advice and guidance as part of the prescribed burning procedure.

"Forestry division" means the division of forestry and wildlife of the department of land and natural resources of the State of Hawaii.

"No-burn period" means any period in which agricultural burning or conditionally allowed open burning in subsection 11-60.1-52(e) is prohibited by the director as provided in section 11-60.1-55.

"Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flare.

"Range" means an extensive area of open land on which domestic livestock or wild animals wander and graze.

"Range improvement" means physical modification or treatment of rangeland which is designed to: improve production of forages; change vegetation composition; control patterns of use; provide water; stabilize soil and water conditions; and otherwise restore, protect, and improve the conditions of the rangeland ecosystems to benefit livestock, horses, and fish and wildlife.

"Recreational fire" means a fire used for social, cultural, or other activities including, but not limited to, campfires, bonfires, hand-warming fires, raku or pit pottery curing fires, or fires conducted as part of an unusual event such as fire dancing, provided the activity is not part of a business for gainful occupation.

"Silvicultural" means dealing with the cultivation of forest trees; forestry.