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Chapter 15: Discharges to Air

15.5 Rules - Burning

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Advice Note:

In 2004 regulations^ were introduced controlling various discharges^ into air. The title of these regulations^ is the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004. One Plan users need to check they comply with the most up-to-date version of those regulations^ in addition to the rules^ in this Chapter.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
15-6 Small-scale fuel burning The discharge^ of contaminants^ into air pursuant to ss15(1) or 15(2A) RMA from burning coal, untreated wood*, diesel, kerosene, light fuel oil*, oil* (excluding waste* oil*), methane, biofuels*, or natural or liquefied petroleum gas for the purpose of generating useful heat, steam, power or electricity and burning of green vegetative matter undertaken by New Zealand Police.

This rule^ does not cover fuel burning in moveable sources or residential buildings, which is permitted under the RMA except to the extent that specified mobile sources are regulated under Rule 15-16 and to the extent that woodburners* are regulated under Rule 15-8.		 Permitted
  1. The burning must comply with the following combustion rates:
    1. a rate not exceeding 500 kW for coal and untreated wood*,
    2. a rate not exceeding 2.5 MW for diesel, kerosene, light fuel oil*, oil* and liquid biofuels*,
    3. a rate not exceeding 5 MW for gaseous biofuels*, methane and natural or liquefied petroleum gas.
  2. The discharge^ must be from a chimney* designed so that the emission is effectively dispersed upwards and is unimpeded by any structure^ on top of the chimney*, and the chimney* height must be at least 3 m above the highest point of the roof and any other roof within 20 m of the chimney*.
  3. The discharge^ must not result from the burning of waste*, waste* oil* or solvents.
  4. The discharge^ must not cause a breach of any of the National Environmental Standards^ for ambient air* quality set out in Table 7.1 (in Chapter 7).
  5. The discharge^ must not result in any offensive or objectionable odour, dust, smoke or water^ vapour beyond the boundary of the property*.
  6. The discharge^ must not result in any noxious or dangerous levels of gases or particulates beyond the boundary of the property*.
  7. The sulphur content of coal to be burned must not exceed 1% by weight.
  8. The discharge^ of particulates must be no greater than 250 mg/m3 of non-toxic particulates (corrected to 0°C, 12% CO2, 1 atmosphere, and a dry gas basis) except that this limit may be exceeded for a maximum of 30 minutes when starting the fuel-burning equipment from cold, providing the opacity of the discharge^ is minimised as far as practicable.
  9. The discharge^ must not cause a reduction in visibility on any designated commercial or military flight path.
  
15-7 Outdoor burning* The discharge^ of contaminants^ into air and any subsequent discharge^ of contaminants^ onto land^ pursuant to ss15(1) or 15(2A) RMA from:
  1. the outdoor burning* of the following materials:
    1. untreated wood* or vegetative matter,
    2. waste* paper or cardboard,
    3. food waste*,
    4. non-halogenated* plastics,
    5. animal carcasses or animal waste* on production land^.
  2. the outdoor burning* of the following materials in circumstances where the burning is for fire training* purposes, or for creating special smoke and fire effects for the purpose of producing films:
    1. untreated wood* or vegetative matter,
    2. waste* paper or cardboard,
    3. food waste*,
    4. non-halogenated* plastics,
    5. oil*
    6. buildings including those containing halogenated* materials.
 Permitted
  1. The material to be burned must be sourced only from the property* on which the burning occurs, except for:
    1. untreated wood* or vegetative matter ,
    2. materials (including vegetative matter) that are burned in barbeques, hāngi, umu and outdoor fireplaces,
    3. materials (including vegetative matter) that are burned for fire training* purposes or for creating special smoke and fire effects for the purpose of producing films.
  2. The discharge^ must not result in any offensive or objectionable odour, dust, smoke or water^ vapour beyond the boundary of the property*.
  3. The discharge^ must not result in any noxious or dangerous levels of gases or particulates beyond the boundary of the property*.
  4. The discharge^ must not cause a reduction in visibility on any designated commercial or military flight path.
  
15-8 DELETED (PC 1 2016)
 		        
15-9 Prohibited burning activities The discharge^ of contaminants^ to air pursuant to ss15(1) or 15(2A) RMA from the outdoor burning* of:
  1. pathological waste*, animal carcasses or other animal waste* except animal carcasses and animal waste* on production land^ which are permitted under Rule 15-7
  2. pitch, paint and paint residues on wood or chip board and surface coatings
  3. halogenated* plastic and polyvinylchloride (PVC) plastic
  4. halogenated* organic chemicals
  5. materials containing heavy metals
  6. asbestos
  7. agrichemicals* and agrichemical* containers containing residues
  8. treated timber*
  9. rubber
  10. hazardous materials from contaminated sites* and buildings
  11. components of motor vehicles.
 Prohibited    
15-10 Other burning activities The discharge^ of contaminants^ into air and any subsequent discharge^ of contaminants^ onto land^ pursuant to ss15(1) or 15(2A) RMA from burning activities which either:
  1. are located on industrial or trade premises^ and are not addressed by any other rule^ in this Plan, or
  2. do not comply with one or more conditions^, standards or terms of a permitted activity^ rule^, but which are not expressly classified as a discretionary activity^, non- complying activity^ or prohibited activity^.
 Discretionary    

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