21.05.040 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
“Air” means the ambient air, or atmosphere, external to buildings and contained within indoor areas of the YIR.
“Air quality” means any chemical, physical, biological, bacteriological, radiological, and other properties and characteristics of air.
“Approved combustibles” means paper, cardboard, lawn clippings, yard waste, brush, trees, native vegetation, and other materials as approved by the Yurok Tribe Environmental Program (YTEP), but shall not include hazardous or toxic materials, or any other material that would imperil or endanger the quality of the air of the YIR.
“Burn permit” means a written approval, issued by YTEP, for open outdoor fires on the YIR in accordance with the provisions of this chapter.
“Campfire” means a fire which is used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor fireplaces and enclosed stoves with flues or chimneys, stoves using jellied, liquid, solid, or gaseous fuels, portable barbecue pits and braziers, or space heating devices which are used outside any structure, mobilehome, or living accommodation mounted on a motor vehicle. “Campfire” does not include portable lanterns designed to emit light resulting from a combustion process.
“Complainant” means any Tribal member, Tribal Council member, YTEP staff, other staff of the Tribe, or resident of the YIR who submits a written complaint to YTEP, signed under penalty of perjury, of a violation of this chapter, any rules or regulations promulgated pursuant thereto, or any conditions of a burn permit, in accordance with the procedures set out in YTC 21.05.140.
“Energy efficient and low emission wood burning stove or other heating system” means a wood burning stove or other heating system, including those powered by electricity or natural gas, which uses at least 25 percent less energy, and generates at least 25 percent less emissions than standard models.
“Fire suppression equipment” means any substance (water, sand, fire retardant, etc.) or equipment (shovel, fire extinguisher, etc.) in such quantity and quality to adequately suppress the outbreak of an open fire.
“Forest fire” means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation.
“Hazardous material” means any material, or combination of materials, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) Cause, or significantly contribute to, an increase in either mortality or serious, irreversible, or incapacitating reversible, illness; or
(2) Pose either a substantial present, or potential, hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(3) “Hazardous material” shall include, but is not limited to, the following:
(A) All plastics, foam, and styrofoam, as those terms are commonly used, that is no longer being used or has been discarded;
(B) Hazardous waste as defined in 40 C.F.R. § 261.3, as amended from time to time;
(C) Any hazardous air pollutant listed under the Clean Air Act, as codified in part at 42 U.S.C. § 7412, as amended from time to time; and
(D) Any hazardous substance listed in 49 C.F.R. § 172.101, Appendix A (List of Hazardous Substances and Reportable Quantities), as amended from time to time.
“Imminent fire hazard” means a fire hazard which presents an immediate danger to the health and/or safety of a person(s), property, or wildlife.
“Open fire” means any fire, controlled or uncontrolled, including a campfire, burning outside of any structure, mobilehome, or living accommodation mounted on a motor vehicle. “Open fire” does not include portable lanterns designed to emit light resulting from a combustion process.
“Person” means any individual, corporation, firm, partnership, joint venture, association, social club, estate, trust, the United States, tribe, state, county, city, district or other political subdivision of any state, or any other group or combination acting as a unit.
“Pollutant” means any substance that will alter the quality of the air of the YIR, but shall not include:
(1) Air emissions from outdoor fires ignited pursuant to a burn permit;
(2) Air emissions from outdoor fires exempted from the burn permit requirements; and
(3) Air emissions from indoor fires normally associated with residential/domestic or business practices, but not including the burning of hazardous materials or any other substances that could imperil or endanger the quality of the air of the YIR.
“Reservation” means all land, air, and water located within the exterior boundaries of the YIR.
“Tribal Council” means the Tribal Council of the Yurok Tribe.
“Tribe” means the Yurok Tribe, a federally recognized Indian tribe.
“Uncontrolled fire” means any fire which threatens to destroy life, property, or resources and either: (1) is unattended by any person; (2) is attended by persons unable to prevent its unrestricted spread; or (3) is burning with such velocity or intensity that it could not be readily controlled with those ordinary tools available to private persons at the fire scene.
“Violation” means any violation of this chapter, any orders of YTEP enforcing this chapter, or any conditions of a burn permit.
“Violator” means any person who YTEP finds has committed a violation. “Alleged violator” means any person alleged to have committed a violation.
“Yurok Tribe Environmental Program” or “YTEP” means the Environmental Program Department of the Yurok Tribe. [Ord. 12 § 5, adopted, 4/7/2005.]