HomeMy WebLinkAbout1082ORAINANCE Nfl. x.082 3/19/.70
OIti~INANCE AMENDXNG CHAPTF,R 3 ~~ THE
,~. BUTTE COUNTX CODE, AND ADDING GENERAL
REQUIREMENT FOR AIR POLLUTION
The Board of Supervisors of the County of Butte, State
2 of California, DO ORDAIN as follows:
3 Chapter 3 of the Butte County Code is hereby amended
!~ by adding thereto Article IV, which will read as follows:
5 Section 3-40. The provisions of this article shall
6 apply to the entire unincorporated area of the County of Butte.
7 Section 3-41. The Supervisors of the County hereby
8 find and declare that the people of the county have a primary
9 interest in atmospheric purity and freedom of the air from
10 air contaminants and declare that there is, from time to time,
~~ pollution of the atmosphere of said county, due to the dis-
12 charge of various pollutants, and that such condition is
13 detrimental to the public health, peace, safety and welfare.
14 Section 3-42. A person shall not discharge or cause
15: to be discharged into the atmosphere from any single source
16 of emission whatsoever any air contaminant for a period or
~~ periods aggregating more than three minutes in any one hour
~~ which is:
19 (a) As dark or darker in shade as that designated
20 No. 2 on the Ringlemann Chart, as published by the U. 5.
21 Bureau of Mines, or
22 (b) Of such opacity as to obscure an observer's view
23 to a degree equal to or greater than does smoke described in
24 subsection (a) of this section.
2g Section 3-42.1. Where the presence of uncombined
26 water is the only reason for the failure of an emission to
27 meet the limitations of Section 3-42, that section sha11
~$ not apply.
29 Section 3-43. No person sha11 discharge or cause to
30 be discharged into the atmosphere from any single source
31 particulate matter in excess of 0.3 grains, dry basis, per
g2 cubic foot of gas, reduced to standard conditions of 60° F.,
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1 14.7 P.S.I., absolute, over a period of one hour. Provided
2 further, however, it shall be unlawful to discharge from any
3 source whatsoever such quantities of air contaminants or
4 other material which cause injury, detriment, nuisance or
b annoyance to any considerable number of persons or to the
g public or which endanger the comfort, repose, health or
q safety of any such persons or the public or which cause or
g have a natural tendency to cause injury or damage to business
g or property.
lp Section 3-44. The provisions of Section 3-42 and
11 3-43 do not apply to agricultural operations, nor to smoke
12 from fires on premises used primarily for residential purposes,
13 except as otherwise provided in Section 3-45.
14 Section 3-45. It is unlawful to burn rubbish or garbage
15 at dumps or refuse disposal areas, whether public or private,
16 or to burn garbage anywhere else in the unincorporated areas
17 of the County, except under a variance.
18 Section 3-46. Any person who violates any of the
19 Provisions of this article shall be guilty of a misdemeanor.
2p Every day during any portion of which such violation occurs
21 constitutes a separate offense.
22 Section 3-47. It shall be the duty of the County Health
23 Department to enforce the provisions of this article. The term
24 "control officer" shall mean the Director of Public Health, or
28 any deputy appointed by him, which may include peace officers.
26 The control officer or his deputies is hereby empowered to enter
27 pon private property in order to ma'.ce investigations for the
28 purpose of enforcing the provisions of this article.
29 Section 3-45. A variance to the provisions of this
30 article may be requested by letter of petition to the Board
31 of Supervisors. Upon receipt of a request for variance, the
32 Board of Supervisors shall set a public hearing noticed
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T pursuant to Government Code Section 6061 thereon. Upon the
2 setting of a date for said hearing, the Clerk of the Board of
3 Supervisors shall advise by letter both the applicant and the
4 control officer of the date, time, and place of said hearing.
I5 At least 10 days notice shall be given prior to holding a
6 hearing.
Section 3-49, If at the conclusion of said
8 hearing the Board of Supervisors finds that because of the
'9 conditions beyond the applicant's control, compliance with
10 provisions of this article will result in an arbitrary and
11 unreasonable taking of property or in the practical closing
12 and elimination of any lawful business, occupation or
13 activity, in either case without a sufficient corresponding
14 benefit or advantage to the people in the reduction of air
15 contamination, the Board of Supervisors may prescribe other
16 and different requirements, not more onerous, applicable to
17 manufacturing or other plants and equipment operated either
18 by named classes of industry or persons or to the operation
19 of separate persons, provided, however, that no variance may
20 permit or authorize the maintenance of a nuisance. In
21 determining under what conditions and to what extent a variance
22 from the requirements of this article is necessary and will
23 be permitted, the Board of Supervisors shall exercise a wide
24 discretion in weighing the equities involved and the advantages
28 and disadvantages to the residents of the county and to any
26 lawful business, occupation or activity involved, resulting
27 from requiring compliance with the provisions of this article
28 or resulting from granting a variance.
29 Section 3-50. The Board of Supervisors, after
30 once having granted a variance pursuant to Section 3-49, may
31 revoke or modify by written order after a public hearing held
32 upon not less than ten days notice, any order permitting a
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'1 variance, noticed and set in the same manner as for a hearing
2: for a variance.
3 Section 3-51. An application for a variance as
!4 provided for in this article shall be accompanied with a
5 filing fee of $25.00, which fee sha11 not be returnable. No
B fee sha11 be required of a public body filing for a variance.
'7 Section 3-52, The provisions of Section 3-42 and
'8 3-43 skaall not apply to processes in lawful operation on the
'9 effective date of this ordinance, provided, however, that said
10 processes shall comply with the aforementioned sections on and
11 after December 31, 19720
12 Section 3-53. An annual progress report is to be
13 submitted to the County Board of Supervisors by the Butte
14 County Development Commission (in cooperation with the local
15 lumber industry). Said report shall indicate steps taken
16 and advances made over the previous twelve months to increase
17 waste utilization and more efficient burning methods.
18 Section 3-54. The provisions of this ordinance
19 do not apply to smoke from fires:
20 '.(a) Set by or permitted by any public officer
21 if such fire is set or permission given in
22 the performance of the official duty of such
23 officer, and such fire in the opinion of
24 such officer is necessary:
23 (1} For the purpose of the prevention of a
26 fire hazard which cannot be abated by any
27 other means, or (2) For the instruction of
28 public employees in the methods of fighting
29 fire, or (3) For weed or other pest
30 abatement.
31 (b) Fires resulting from the burning of debris
32 _remaining from construction, either road
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construction or building construction.
Section 3-55. If any section, sub-section,
sentence, clause, or phrase of this ordinance, is for any
reason held by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the.
remaining portions of this ordinance.
This ordinance shall be and is hereby directed
to be in full force and effect fr~~n anc~ after January 1,
Eve +~ fy- < <.ys of ~~,fe-eri-,-e:-.-~,e~z~~
poi SS C:Y ~.'
1971, and shall be published once with. the names of all
members voting for and against the same in a newspaper
of general circulation published in the County of Butte,
State of California.
PASSED AND ADOPTED by the Board of Supervisors
of the County of Butte, State of California, this 31st
day of March 1970, by the following vote:
AYES: Supervisors Maxon, McKillop~ Reynolds; Chairman
Dunaway
NOES: Supervisor FIowsden
ABSENT: None
NOT VOTING: None
ATTEST:
~ ~~ ~~~
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the
Board of Supervisors
By
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0. E. A airman o t e
Butte County Board of 5upe 'isors
Deputy