In order to avoid conflicting and overlapping jurisdiction, it is the intention of this subpart to clarify the position that:
- (1) The Division of Environmental Quality occupies the field of control and abatement of air pollution and contamination; and
- (2) No political subdivision of this state shall enact or enforce laws, ordinances, resolutions, or rules in this field, unless such laws, ordinances, resolutions, or rules are for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.