Sec. 26.11.08.03. Prohibition of Certain Incinerators in Areas III and IV

A. A person may not cause or permit the construction or use of any flue-fed, chute-fed, or single chamber incinerator.

B. Any incinerator, the use of which is prohibited under provisions of this regulation, shall be made inoperable in a manner approved by the control officer or the Department.

C. A person may not cause or permit the construction or use of any other incinerator except as listed below:

(1) An incinerator that has a capacity of 5 tons (4,540 kilograms) per hour or greater and that is used to burn municipal solid waste;

(2) Crematory incinerators;

(3) An incinerator that has a capacity of 500 pounds (227 kilograms) per hour or greater and that is used to burn industrial waste;

(4) Special medical waste incinerators that are approved for that purpose by the Department, although municipal solid waste generated at the site of a permitted special medical waste incinerator may be burned in combination with a special medical waste; and

(5) Sewage sludge incinerators.

D. Householders are permitted to burn ordinary household trash originating on the premises, in incinerators, in those areas where public collection of municipal solid waste is not provided.