Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 111.
CONTROL OF AIR POLLUTION FROM VISIBLE EMISSIONS AND PARTICULATE MATTER
Subchapter B. OUTDOOR BURNING
30 TAC §111.203, §111.209
The Texas Commission on Environmental Quality (commission)
proposes amendments to §111.203 and §111.209.
The amended sections will be submitted to the United States Environmental
Protection Agency (EPA) as revisions to the state implementation plan.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
House Bill (HB) 39, 79th Legislature, 2005, amended Texas Health and Safety
Code (THSC), §382.018, Outdoor Burning of Waste and Combustible Material,
by subjecting it to Local Government Code, §352.082, Outdoor Burning
of Household Refuse in Certain Residential Areas. Under Local Government Code, §352.082,
a person commits a Class C misdemeanor if the person intentionally or knowingly
burns household refuse outdoors on a lot that is located in a neighborhood
or on a lot that is smaller than five acres. Local Government Code, §352.082,
is applicable only to the unincorporated area of a county that is adjacent
to a county with a population of 3.3 million or more, and in which a planned
community is located that has 20,000 or more acres of land that was originally
established under the Urban Growth and New Community Development Act of 1970
(42 United States Code, §§4501
et seq
.)
and that is subject to restrictive covenants containing ad valorem or annual
variable budget-based assessments on real property. The proposed rules would
prohibit the burning of household refuse in the area delineated by Local Government
Code, §352.082.
Senate Bill (SB) 1710, 79th Legislature, 2005, also amended THSC, §382.018,
by adding subsections (b) and (c), which require the commission to authorize
by rule the burning of waste consisting of plant growth in areas that meet
the national ambient air quality standards (NAAQS) and do not contain any
part of a city that does not meet the NAAQS if the waste is burned on the
property of origin and by the owner of the property or any other person authorized
by the owner. The commission is prohibited from requiring prior commission
approval of the burning, or from authorizing the burning, only when no practical
alternative exists. Current rules make no distinction between attainment and
nonattainment areas regarding outdoor disposal fires. The proposed rules would
implement the authorization by rule required by THSC, §382.018.
SB 1710 also amended THSC, §382.018, by adding subsections (d) and
(e), which prohibit the commission from controlling or prohibiting outdoor
burning of waste consisting of plant growth at a site designated for burning
of waste generated from specific residential properties located outside of
a municipality and in a county with a population of less than 50,000, if supervised
by a fire department employee acting in the scope of the person's employment.
The current rules do not authorize the burning of waste at designated sites.
The proposed rules would establish minimal compliance determination criteria
to ensure that all activities meet the qualifications for burns at designated
sites. The commission notes that only three counties, Chambers, Hardin, and
Rockwall, are within designated nonattainment areas and have a population
of less than 50,000. Burning of domestic waste, including plant growth, is
already authorized in these counties for private residences when collection
of domestic waste is not provided or authorized by the local governmental
entity having jurisdiction. To the commission's best available knowledge,
no residential properties outside of municipalities in these counties are
provided with domestic waste collection by the local governmental entity having
jurisdiction. Therefore, the proposed rules would not cause an increase in
plant growth burns in designated nonattainment areas.
SECTION BY SECTION DISCUSSION
Administrative and grammatical changes are proposed throughout the sections
to bring the existing rule language into agreement with Texas Register requirements,
agency guidelines, and guidance provided in the
Texas Legislative Council Drafting Manual
, November 2004.
The proposed amendment to §111.203, Definitions, would add the definition
of "Neighborhood" and "Refuse" and renumber subsequent definitions to accommodate
the proposed new definitions. The proposed new definitions are repeated from
THSC, §343.002.
The proposed amendment to §111.203 would also update the name "Texas
Natural Resource Conservation Commission" to "Texas Commission on Environmental
Quality."
The proposed amendment to §111.209, Exception for Disposal Fires,
would prohibit the burning of household refuse outdoors in areas delineated
in Local Government Code, §352.082, by adding new subsection (b). Local
law enforcement will be the primary authority in the enforcement of Local
Government Code, §352.082.
The proposed amendment to §111.209 would also authorize by rule, as
required by THSC, §382.018(b), the burning of plant growth on the property
on which it was generated and by the owner of the property, or any person
authorized by the owner, in counties that are not designated as nonattainment
and that do not contain any part of a city that is part of a designated nonattainment
area, by adding proposed new subsection (a)(4)(B). THSC, §382.018(c),
prohibits the commission from requiring prior commission approval for outdoor
burning or considering practical alternatives when authorizing burning under
this rule. To protect human health and safety and environmental receptors,
proposed subsection (a)(4)(B) would be subjected to §111.219(3), (4),
(6), and (7), relating to General Requirements for Allowable Outdoor Burning.
The commission also notes that all responsible persons engaged in outdoor
burning are subject to §111.221, relating to Responsibility for Consequences
of Outdoor Burning.
The proposed amendment to §111.209 would also provide for the burning
of waste plant growth generated from specific residential properties at designated
sites located outside of municipalities and within counties with a population
of less than 50,000, by adding proposed new subsection (a)(4)(C). Under certain
conditions, the commission is prohibited from controlling or prohibiting burning
under THSC, §382.018(d). To meet these conditions, the burn must be at
a designated burn site, located outside of a municipality, and within a county
with a population of less than 50,000. All material burned must consist of
plant growth generated at specific residential properties for which the site
is designated. The burn must be supervised by a fire department employee acting
in the scope of the person's employment, who must notify the commission of
each supervised burn. To determine if burns under proposed subsection (a)(4)(C)
meet the conditions of THSC, §382.018(d), the proposed rule would require
the owner of the site or the owner's authorized agent to post the designated
site, maintain a description or list of specific residential properties for
which the site is generated, ensure that all waste burned consists of plant
growth generated from these properties, and to ensure that a qualified fire
department employee supervises each burn at the site.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Grants Management Section,
determined that, for the first five-year period the proposed rules are in
effect, no fiscal implications are anticipated for the agency or other units
of state government. Although not anticipated to be significant, local governments
may experience fiscal implications as a result of administration or enforcement
of the proposed rules.
The proposed rulemaking would implement the provisions of HB 39 and SB
1710. HB 39 altered provisions of the Local Government Code concerning the
outdoor burning of domestic waste. SB 1710 altered provisions of THSC, §382.018,
regarding the outdoor burning of plant wastes.
The proposed rules, in accordance with the requirements of HB 39, would
prohibit the burning of domestic waste in residential areas that are in unincorporated
areas of a county adjacent to a county with a population of 3.3 million or
more and where there is a planned community of 20,000 acres or more. In these
residential areas, domestic waste could not be burned in a neighborhood or
on a lot that is less than five acres.
The proposed rules would also implement the requirements of SB 1710, which
authorizes outdoor burning of plant material in qualifying attainment areas
and for residences in qualifying counties if there is a designated burn site.
In qualifying attainment areas, plant waste must be burned on the property
where it was generated and the waste must be burned by the owner of the property
or an authorized representative. The commission cannot require property owners
to obtain prior approval of the burn or to consider using practical alternatives
to burns. In qualifying counties, plant waste can be burned at designated
sites in counties where the population is less than 50,000, where the site
is located outside a municipality, where the site serves designated residential
properties, and where the burn is supervised by a fire department employee.
Local law enforcement organizations in areas where the outdoor burning
of household refuse is prohibited under the proposed rulemaking could see
enforcement costs increase if more resources are required to investigate complaints
or incidents. The proposed rules regarding outdoor burning of household refuse
apply to one demographic area of the state. Since the potential number of
future enforcement incidences is not known, enforcement costs cannot be accurately
estimated.
The fire departments in the areas of the state where designated burns can
take place have the choice of whether to supervise burns. The number of fire
departments that would choose to supervise burns is not known at this time.
Fire departments participating in outdoor burning at designated sites may
decide to charge fees for supervising these types of burns. Since employee
costs and the method each fire department may choose to supervise such burns
can vary widely, the amount of costs recovered and revenue generated cannot
be estimated. However, the fiscal implications, if any, of supervised burns
is not anticipated to be significant.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be greater protection of air quality
in one demographic area of the state where the outdoor burning of refuse will
be prohibited. In attainment areas, there will be greater flexibility for
the outdoor burning of plant wastes.
Individuals in areas of the state where outdoor burning of household refuse
will be prohibited under the proposed rules may see disposal costs increase
if alternatives for the disposal of such refuse do not currently exist. However,
the cost of this waste disposal is not anticipated to be significant.
Individuals or other entities in attainment areas may see costs for disposing
of plant waste decrease since the proposed rules allow for the burning of
such wastes and do not require individuals or other entities to consider practical
alternatives to outdoor burning of plant wastes. Owners of residential property
where outdoor burning of plant wastes must be burned at designated sites may
see disposal costs increase if local fire departments collect fees to supervise
these burns. The cost decrease or increase of outdoor burning of plant wastes
depend on various factors and may vary. However, any cost decrease or increase
is not anticipated to be significant.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses
under the proposed rulemaking. Plant waste disposal costs for small or micro-businesses
in certain attainment areas may decrease since the proposed rules do not require
small or micro-businesses to consider practical alternatives to outdoor burning
in these cases; however, the cost decrease is not anticipated to be significant.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission reviewed this proposed rulemaking and determined that a
local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a major environmental rule as defined in the Administrative
Procedure Act. A "major environmental rule" is a rule that is specifically
intended to protect the environment or reduce risks to human health from environmental
exposure, and that may adversely affect in a material way the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state. The primary purpose of the proposed rules
is to protect the environment through the regulation of the outdoor burning
of waste and combustible material. The proposed rules will not have an adverse
material impact because the proposed rules are limited to revisions to the
prohibition on and exception for disposal fires. The proposed revisions would:
1) prohibit the burning of domestic waste in residential areas that are in
unincorporated areas of a county adjacent to a county with a population of
3.3 million or more and where there is a planned community of 20,000 acres
or more. In these residential areas, domestic waste cannot be burned in a
neighborhood or on a lot that is less than five acres; 2) allow for the burning
of waste consisting of plant growth in areas that meet the NAAQS and do not
contain any part of a city that does not meet the NAAQS if the waste is burned
on the property of origin and by the owner of the property or any other person
authorized by the owner; and 3) allow for the outdoor burning of waste consisting
of plant growth at a site designated for consolidated burning of waste generated
from specific residential properties located outside of a municipality and
in a county with a population of less than 50,000, if supervised at the time
of the burning by a fire department employee acting in the scope of the person's
employment.
Furthermore, the proposed rulemaking does not meet any of the four applicability
requirements listed in Texas Government Code, §2001.0225(a), where the
proposed rules: 1) are specifically required by state law, namely THSC, §382.018;
2) do not exceed the express requirements of THSC, §382.018; 3) do not
exceed a requirement of a federal delegation agreement or contract between
the state and an agency or representative of the federal government to implement
a state and federal program; and 4) are not an adoption of a rule solely under
the general powers of the commission.
Based on this assessment, the proposed rulemaking does not constitute a
major environmental rule and is not subject to the regulatory analysis provisions
of Texas Government Code, 2001.0225. The commission invites public comment
on this draft regulatory impact analysis determination.
TAKINGS IMPACT ASSESSMENT
The commission evaluated the proposed rules and performed an assessment
of whether the proposed rules constitute a taking under Texas Government Code,
Chapter 2007. The primary purpose of the proposed rules is to protect the
environment through the regulation of the outdoor burning of waste.
Promulgation and enforcement of these proposed rules would be neither a
statutory nor a constitutional taking of private real property. Specifically,
the subject proposed regulations do not affect a landowner's rights in private
real property because this rulemaking does not burden (constitutionally),
nor restrict or limit the owner's right to property and reduce its value by
25% or more beyond that which would otherwise exist in the absence of the
regulations. The proposed rules are limited to revisions to the prohibition
on and exception for disposal fires. The proposed revisions would: 1) prohibit
the burning of domestic waste in residential areas that are in unincorporated
areas of a county adjacent to a county with a population of 3.3 million or
more and where there is a planned community of 20,000 acres or more. In these
residential areas, domestic waste cannot be burned in a neighborhood or on
a lot that is less than five acres; 2) allow for the burning of waste consisting
of plant growth in areas that meet the NAAQS and do not contain any part of
a city that does not meet the NAAQS if the waste is burned on the property
of origin and by the owner of the property or any other person authorized
by the owner; and 3) allow for the outdoor burning of waste consisting of
plant growth at a site designated for consolidated burning of waste generated
from specific residential properties located outside of a municipality and
in a county with a population of less than 50,000, if supervised at the time
of the burning by a fire department employee acting in the scope of the person's
employment.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found that the proposal
is subject to the Texas Coastal Management Program (CMP) in accordance with
the Coastal Coordination Act, Texas Natural Resources Code, §§33.201
The CMP goals applicable to the proposed rules include: to protect, preserve,
restore, and enhance the diversity, quality, quantity, functions, and values
of coastal natural resource areas; to ensure sound management of all coastal
resources by allowing for compatible economic development and multiple human
uses of the coastal zone; to ensure and enhance planned public access to and
enjoyment of the coastal zone in a manner that is compatible with private
property rights and other uses of the coastal zone; and to balance these competing
interests.
The specific CMP policy applicable to the proposed rules requires that
commission rules under THSC, Chapter 382, governing emissions of air pollutants,
shall comply with regulations in 40 Code of Federal Regulations, adopted in
accordance with federal Clean Air Act, 42 United States Code, §§7401,
Promulgation and enforcement of the rules will not violate or exceed any
standards identified in the applicable CMP goals and policies. The proposed
rules are consistent with these CMP goals and policies. The rules do not create
or have a direct or significant adverse effect on any coastal natural resource
areas.
Written comments on the consistency of this rulemaking may be submitted
to the contact person at the address listed under the SUBMITTAL OF COMMENTS
section of this preamble.
ANNOUNCEMENT OF HEARING
A public hearing on this proposal will be held in Austin on Tuesday, March
7, 2006, at 10:00 a.m., at the Texas Commission on Environmental Quality complex
located at 12100 Park 35 Circle, Building B, Room 201A. The hearing will be
structured for the receipt of oral or written comments by interested persons.
Individuals may present oral statements when called upon in order of registration.
There will be no open discussion during the hearing; however, an agency staff
member will be available to discuss the proposal 30 minutes prior to the hearing
and will answer questions before and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact Joyce Spencer,
Office of Legal Services, at (512) 239-5017. Requests should be made as far
in advance as possible.
SUBMITTAL OF COMMENTS
Comments may be submitted to Joyce Spencer, MC 205, Texas Register Team,
Office of Legal Services, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. All comments should reference Rule Project Number 2005-041-111-CE.
Comments must be received by 5:00 p.m., Monday, March 13, 2006. Copies of
the proposed rules can be obtained from the commission's Web site at
STATUTORY AUTHORITY
The amendments are proposed under THSC, §382.002, relating to Policy
and Purpose, Texas Clean Air Act (TCAA), §382.011, which authorizes the
commission to administer the requirements of the TCAA; §382.012, which
provides the commission the authority to develop a comprehensive plan for
the state's air; §382.017, which authorizes the commission to adopt rules
consistent with the policy and purposes of the TCAA; §382.018, which
authorizes the commission to control outdoor burning; and §382.085, which
prohibits unauthorized air emissions; and Texas Water Code, §5.103 and §5.105,
which authorizes the commission to adopt rules.
The proposed amendments implement THSC, §§382.002, 382.011, 382.017,
and 382.018.
§111.203.Definitions.
Unless specifically defined in the Texas Clean Air Act (TCAA) or in
the rules of the Texas [
(1)
(No change.)
(2)
Landclearing operation--The uprooting, cutting, or clearing
of vegetation in connection with conversion for the construction of buildings,
rights-of-way, residential, commercial, or industrial development, or the
clearing of vegetation to enhance property value, access
,
or production.
It does not include the maintenance burning of on-site property wastes such
as fallen limbs, branches, or leaves, or other wastes from routine property
clean-up activities, nor does it include burning following clearing for ecological
restoration.
(3)
Neighborhood--A platted subdivision or
property contiguous to and within 300 feet of a platted subdivision.
(4)
[
(5)
[
(6)
Refuse--Garbage, rubbish, paper, and other
decayable and nondecayable waste, including vegetable matter and animal and
fish carcasses.
(7)
[
(8)
[
(9)
[
§111.209.Exception for Disposal Fires.
(a)
Except as provided in subsection (b) of
this section, outdoor
[
(1)
domestic
[
(2)
diseased
[
(3)
veterinarians
[
(4)
on-site
[
(A)
for right-of-way maintenance, landclearing
operations, and maintenance along water canals when no practical alternative
to burning exists and when the materials are generated only from that property.
Structures containing sensitive receptors must not be negatively affected
by the burn. Such burning shall be subject to the requirements of §111.219
of this title (relating to General Requirements for Allowable Outdoor Burning).
When possible, notification of intent to burn should be made to the appropriate
commission regional office prior to the proposed burn. For a single project
entailing multiple days of burning, an initial notice delineating the scope
of the burn is sufficient if the scope does not constitute circumvention of
the rule for a continual burning situation. Commission [
(B)
in a county that is not part of a designated
nonattainment area and that does not contain any part of a municipality that
extends into a designated nonattainment area; and on the property on which
it was generated and by the owner of the property or any other person authorized
by the owner. Such burning shall be subject to the requirements of §111.219(3),
(4), (6), and (7) of this title. Commission approval is not required; or
(C)
at a site designated for consolidated burning
of waste generated from specific residential properties. A designated site
must be located outside of a municipality and within a county with a population
of less than 50,000. The owner of the designated site or the owner's authorized
agent shall:
(i)
post at all entrances to the site a placard
measuring a minimum of 48 inches in width and 24 inches in height and containing,
at a minimum, the words "DESIGNATED BURN SITE - No burning of any material
is allowed except for trees, brush, grass, leaves, branch trimmings, or other
plant growth generated from specific residential properties for which this
site is designated. All burning must be supervised by a fire department employee.
For more information call {PHONE NUMBER OF OWNER OR AUTHORIZED AGENT}." The
placard(s) must be clearly visible and legible at all times;
(ii)
designate specific residential properties
for consolidated burning at the designated site;
(iii)
maintain a record of the designated residential
properties. The record must contain the description of a platted subdivision
and/or a list of each property address and the name of each property owner.
The description must be made available to commission or local air pollution
control agency staff within 48 hours, if requested;
(iv)
ensure that all waste burned at the designated
site consists of trees, brush, grass, leaves, branch trimmings, or other plant
growth;
(v)
ensure that all such waste was generated
at specific residential properties for which the site is designated; and
(vi)
ensure that all burning at the designated
site is directly supervised by an employee of a fire department who is part
of the fire protection personnel, as defined by Texas Government Code, §419.021,
and is acting in the scope of the person's employment. The fire department
employee shall notify the appropriate commission regional office with a telephone
or electronic facsimile notice 24 hours in advance of any scheduled supervised
burn. The commission shall provide the employee with information on practical
alternatives to burning. Commission approval is not required;
(5)
crop
[
(6)
brush
[
(b)
No person may cause, suffer, allow, or
permit the burning of household refuse on a lot that is smaller than five
acres or located in a neighborhood and in an unincorporated area of a county:
(1)
that is adjacent to a county with a population
of 3.3 million or more; and
(2)
in which a planned community is located
that has 20,000 or more acres of land, that was originally established under
the Urban Growth and New Community Development Act of 1970 (42 United States
Code, §§4501
et seq
.), and that
is subject to restrictive covenants containing ad valorem or annual variable
budget-based assessments on real property.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 27, 2006.
TRD-200600452
Stephanie Bergeron Perdue
Acting Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: March 12, 2006
For further information, please call: (512) 239-5017
Subchapter H. STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND SPECIFIC TYPES OF FACILITIES
Natural Resource Conservation
] Commission
on Environmental Quality
(commission), the terms used by the commission
have the meanings commonly ascribed to them in the field of air pollution
control. In addition to the terms
that
[
which
] are defined
by the TCAA, the following terms, when used in this chapter, [
shall
]
have the following meanings, unless the context clearly indicates otherwise.
(3)
] Practical alternative--An
economically, technologically, ecologically
,
and logistically viable
option.
(4)
] Prescribed burn--The controlled
application of fire to
naturally occurring
[
naturally-occurring
] vegetative fuels under specified environmental conditions and confined
to a predetermined area, following appropriate planning and precautionary
measures.
(5)
] Structure containing sensitive
receptor(s)--A man-made structure utilized for human residence or business,
the containment of livestock, or the housing of sensitive live vegetation.
The term "man-made structure" does not include such things as range fences,
roads, bridges, hunting blinds
,
or facilities used solely for the
storage of hay or other livestock feeds. The term "sensitive live vegetation"
is defined as vegetation
that
[
which
] has potential
to be damaged by smoke and heat, examples of which include, but are not limited
to
,
[
:
] nursery production, mushroom cultivation, pharmaceutical
plant production, or laboratory experiments involving plants.
(6)
] Sunrise/Sunset--Official sunrise/sunset
as set forth in the United States Naval Observatory tables available from
National Weather Service offices.
(7)
] Wildland--Uncultivated land
other than fallow, land minimally influenced by human activity, and land maintained
for biodiversity, wildlife forage production, protective plant cover, or wildlife
habitat.
Outdoor
] burning shall be authorized
for the following
:
[
.
]
Domestic
] waste burning
at a property designed for and used exclusively as a private residence, housing
not more than three families, when collection of domestic waste is not provided
or authorized by the local governmental entity having jurisdiction, and when
the waste is generated only from that property. Provision of waste collection
refers to collection at the premises where the waste is generated. The term
"domestic waste" is defined in §101.1 of this title (relating to Definitions).
Wastes normally resulting from the function of life within a residence that
can be burned include such things as kitchen garbage, untreated lumber, cardboard
boxes, packaging (including plastics and rubber), clothing, grass, leaves,
and branch trimmings. Examples of wastes not considered domestic waste
that
[
which
] cannot be burned, include such things as tires,
non-wood construction debris, furniture, carpet, electrical wire, and appliances
;
[
.
]
Diseased
] animal carcass
burning when burning is the most effective means of controlling the spread
of disease
;
[
.
]
Veterinarians
] in
accordance with Texas Occupations Code, §801.361, Disposal of Animal
Remains
;
[
.
]
On-site
] burning of trees,
brush, and other plant growth
:
notification
or
] approval is not required
;
[
.
]
Crop
] residue burning for agricultural
management purposes when no practical alternative exists. Such burning shall
be subject to the requirements of §111.219 of this title[
,
]
and structures containing sensitive receptors must not be negatively affected
by the burn. When possible, notification of
the
intent to burn
should be made to the appropriate commission regional office prior to the
proposed burn. Commission notification or approval is not required. This section
is not applicable to crop residue burning covered by an administrative order
; and
[
.
]
Brush
], trees, and other plant
growth causing a detrimental public health and safety condition [
may
be
] burned by a county or municipal government at a site it owns upon
receiving site and burn approval from the executive director. Such a burn
can only be authorized when there is no practical alternative, and it may
be done no more frequently than once every two months. Such burns cannot be
conducted at municipal solid waste landfills unless authorized under §111.215
of this title (relating to Executive Director Approval of Otherwise Prohibited
Outdoor Burning), and shall be subject to the requirements of §111.219
of this title.
Chapter 335.
INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE