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Rule 19 Burning of combustible matter

Rule 19 Burning of combustible matter

Updated 3 July 2015 12:54pm

The discharge of contaminants into air (other than discharges of contaminants to air from mobile transport sources, which are not controlled by this Plan) in connection with:

(1)the on-farm burning of empty, triple-rinsed, plastic agrichemical containers that do not have halogen or phosphorus components and were sourced at that farm;

(2)the cremation of human remains other than at an approved crematorium, when authorised by the Medical Officer of Health under the Cremation Regulations 1973; or

(3)the combustion of other materials;

is a Permitted Activity, provided it complies with the conditions below, and excluding any discharges of contaminants to air arising from:

(a)the burning of plastics, unless specifically allowed by clause (1) of this rule;

(b)the burning of municipal wastes, coated or covered metal, rubber, untreated waste oil, oil sludge, pitch, stores of paint and motor vehicles;

(c)the cremation of human remains at a crematorium approved under the Crematorium Regulations 1973;

(d)the burning of quarantine and medical wastes;

(e)the burning of Copper-Chrome-Arsenic (CCA) treated timbers;

(f)the remediation of asphalt surfaces ("tar burning"); or

(g)the combustion of waste material which emits [any of the ] hazardous air contaminants listed in Appendix 1.


The person(s) responsible for the activity shall ensure that there is:

(i)no smoke, dust, odour, gas or vapour from the process, which is noxious, dangerous, offensive or objectionable at or beyond the boundary of the premises or property; and

(ii)empty plastic agrichemical containers are burned in a purpose built incinerator.

Explanation of Rules 18 and 19:Rules 18 and 19 relate to the discharge of contaminants to air from the combustion of materials most commonly carried out for waste management purposes. Rules 18 and 19 apply in all instances, regardless of whether the burning is undertaken in association with an industrial or trade process.

Rule 18 permits discharges to air resulting from burn-offs associated with land clearance operations, subject to compliance with the stated conditions.The Rule applies regardless of whether a field of stubble is being burnt or whether the material to be combusted has been heaped into piles for burning. Rule 18 applies both in urban and rural areas.

Rule 19 relates to discharges of contaminants to air from the burning of combustible matter, whether or not an activity is a permitted under other Rules in this Plan.Rule 19 makes such discharges a permitted activity, but lists processes that are excluded and therefore require a resource consent under Rule 23.

Individuals or organisations wanting to dispose of any of those substances or materials explicitly excluded from the Rule must either recycle these materials or dispose of them to an approved landfill or other approved hazardous waste management facility (i.e., a facility which already holds the appropriate consents).Alternatively, an application for resource consent can be made to the Council to burn such material. Rule 19 does not control discharges from mobile transport sources.

For activity (1), i.e., the on-farm burning of empty plastic agrichemical containers, the Council will accept as compliance with condition (ii), burning practices undertaken in accordance with the guidelines included in Appendix 4.Appendix 4 is sourced from the British Agrichemical Association’s guidelines for agrichemical container incineration (BAA, 1998), and from the Agrichemical Users’ Code of Practice (New Zealand Standard 8409:1995). The Appendix describes the triple rinsing procedure and provides a design for appropriate burning apparatus.It also provides other good practice guidelines to ensure sae burning and minimal adverse effects.

Plastic agrichemical containers composed of High Density Polyethylene may be labelled with a recycling triangle () with 2 inside it.These plastics can be burned under activity clause (1). Containers labelled with a recycling triangle () with 1 or 3 inside it are made from plastics that contain halogens. Burning of plastics that contain halogens is not allowed under this rule. While the Council supports reuse and/or recycling of plastics, used agrichemical containers cannot currently be recycled or reused for another purpose, because of potential adverse effects of residual agrichemicals.

Note that Rule 19 does not address the disposal of unused agrichemicals.Refer to the Agrichemical Users’ Code of Practice (NZS 8409: [ 1999 ] ), or seek advice from chemical suppliers and local district or city councils before disposing of any excess agrichemicals.

Note: In Rule 19, the words added in square brackets as part of Rule 19 (g) and the date in square brackets was substituted for the original date by Plan Change 1 to the Regional Air Quality Management Plan 2003.