New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 2 - CONTROL AND PROHIBITION OF OPEN BURNING
Section 7:27-2.1 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

"Air contaminant" means solid particles/liquid particles, vapors or gases which are discharged into the outdoor atmosphere.

"Authorized agent" means a person designated by the Commissioner for a specific function.

"Class I area" means an area so designated by the United States Environmental Protection Agency or the State of New Jersey in order to preserve the area's unique environmental characteristics. (As of January 1, 1980, only the Brigantine Wildlife Refuge has been so designated in New Jersey.)

"Commissioner" means the Commissioner of the Department of Environmental Protection.

"Cullings" means dead or non-productive trees which have been removed to allow for the planting of new trees to improve crop yield.

"Dangerous material" means trade waste which presents an existing or potential hazard to health or safety if disposed of by any means other than open burning including but not limited to, explosive, nitrocellulose and elemental sodium.

"Department" means the Department of Environmental Protection.

"Garbage" means waste animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets or any other source, or food of any kind to be thrown away.

"Hedgerow" means a barrier-like formation composed of, but not limited to, rocks, fencing material, earth, and plant life used to separate sections of farm land in use or serve as boundaries for such lands.

"Herbaceous plant life" means plant life relating to or having the characteristics of an herb, that is, a seed producing annual, biennial or perennial that does develop persistent woody tissue but dies down at the end of a single growing season.

"Incinerator" means any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance including but not limited to refuse, rubbish, garbage, trade waste, debris or scrap or a facility for cremating human or animal remains.

"Infested plant life" means any plant life contaminated by or harboring an insect, a plant pathogen, a weed, or any other organism capable of causing damage, economic or otherwise, to environmental or natural resources.

"Non-attainment area" means any area determined by the Department as one in which the ambient air concentration of a criteria pollutant exceeds a national ambient air quality standard (NAAQS).

"Open burning" means any fire from which the products of combustion are emitted directly into the open air, and are not by design directed through a stack or chimney.

"Plant life" means vegetation including, but not limited to trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops.

"Prescribed burning" means the open burning of plant life under such conditions that the fire is confined to a predetermined area and accomplishes the environmentally beneficial objectives of prevention and control of wildfires.

"Prunings" means dead or excess branches and twigs removed from plants and trees to improve crop yield. This shall mean and include cullings exclusively of their subterranean portions.

"Refuse" means rubbish, garbage, trade waste and plant life.

"Rubbish" means waste solids not considered to be highly flammable or explosive including, but not limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, furniture, tin cans, glass, crockery, masonry and other similar materials.

"Salvage operation" means an operation or activity from which is salvaged or reclaimed any product or material including, but not limited to, metals, chemicals, or shipping containers.

"Stack or chimney" means a flue, conduit, or opening designed and constructed for the purpose of emitting air contaminants into the outdoor air.

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