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HomeMy WebLinkAbout1197ORDINANCE N0. 1197 1 2 3 4 5 s. 7 S' 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 AN ORDINANCE ADOPTING RULES AND REGULATIONS FOR THE BUTTE COUNTY AIR POLLUTION CONTROL DISTRICT REGARDING AGRICULTURAL BURNING The Board of Supervisors of the County of Butte, State of California, acting pursuant to its authority as the Air Pollution Control Board of the Butte County Air Pollution Control District and pursuant to the provisions of §§24260 and 3929$,8 of the Health and Safety Code, DOES ORDAIN this urgency ordinance as follows: That the following amendments and additions are made to the rules and regulations of the Butte County Air Pollution Control District and that the provisions of Sections 1-7 through 1-18 of Chapter 1, all the provisions of Chapter 3 and the pro- visions of Section 5-2 of Chapter 5 are hereby adopted as and for the plan of the Butte County Air Pollution Control District to implement the Agricultural Burning Guidelines adopted by the California Air Resources Board for the Sacramento Valley: I. Sections 1-1 through 1-8 of Chapter 1 of the Rules and Regulations of the Butte County Air Pollution Control District are amended to read as follows: Chapter 1. Definitions. Section 1-l. Garbage-- Every accumulation of animal, vegetable and other decomposable matter that attends or results from°_the preparation, consumption, decay or dealing in or storage of meats,~fish, fowl, birds, fruits, vegetables or other food products and food containers soiled with food stuff, and shall include dead animals, fowl, birds, fish and any offal. 1 Section 1-2. Combustible or Flammable Solid 2 aste - Any garbage, rubbish, trash, rags, paper, boxes, crates, 3 exeels'io~,ashes, offal, carcass of dead animal or any other 4 combustible or flammable refuse matter which is in solid form. ~ Section 1-3. Flue - Any duct or passage for s air, gas or the like, such as a stack or chimney. Section 1-4. Person - Any person, firm, g corporation, association or public agency, including, but not g'limited to, any city, county, district or the state. lp Section 1-5. Open Outdoor Fire -Any com- 11 bustion of solid waste outdoors, in the open, not~in any inclosure, 12 where the products of combustion are not directed through a flue. 13' Section 1-6. Solid Waste Dump.- Any ac- 14 cumulation for the purpose of disposal of any solid waste. 15' Section 1-7. Orchard or Citrus Grave Heater - 16 Any article, machine, equipment, or other contrivance, burning any lq type of fuel or material capable of emitting air contaminants, lg used or capable of being used for the purpose of giving protec- 19 tion from frost damage. 2D! Section I-8. Agricultural Burning - Open 21' outdoor fires used in agricultural operations for the purpose of 22 the burning of agricultural wastes. 23; II. Sections 1-9 through 1-18 are added to Chapter 1 24 of the Rules and Regulations of the Butte County Air Pollution 2g Control District to read as follows: 26 Section 1-9. Agricultural Operations - 2. The growing and harvesting of crops, including timber, or the raising of fowls, animals or bees, for the primary purpose of to 11' 12 ];3 14 15' 16. 17 is 19' 2a 21 22 23 24 25 26 ,'i making a living. Section 1-10. Agricultural Wastes -Unwanted or unsaleable materials produced wholly from agricultural operations, other than forest or range management operations, directly related to the growing of crops, animals or bees, for the primary purpose of making a living. Agricultural wastes includes weeds growing on fence rows and ditch banks, but does not include such items as shop wastes, demolition material, garbage, oil filters, tires, pesticide containers, broken boxes, pallets, and other similar material, or orchard wastes removed for land use conversion to non-agricultural purposes. Section 1-11, Major Agricultural Crop - Any single kind of agricultural crop growing on more than 1,001 acres in the Butte County Air Pollution Control District. Section 1-12. Minor Agricultural Crop - Any single kind of agricultural crop growing on less than 1,001 acres in the Butte County Air Pollution Control District. Section 1-13, No Burn Bay - Any day on which the State Air Resources Board prohibits agricultural burning. Section 1-14. Burn Day - Any day on which the State Air Resources Board does not prohibit agricultural burning. Section 1-15. Approved Ignition Devices - Those instruments or materials that will ignite agricultural waste without the production of black smoke, including instruments 3. 1 2 3 41 5 6 7 8 9 10 11 12 13' 14 15 16 17 18' 19. 20 21 22 23 24 25 26 Section 1-17, Board - The Air Pollution Control Board of the Butte County Air Pollution Control District. Section 1-18. Control Officer - The Air Pollution Control Officer of the Butte County Air Pollution Control District. z1I. The Title of Chapter 3 of the Rules and Regula- tions of the Butte County Air Pollution Control District and Section 3-1 of the said Chapter 3 are amended to read as follows: ~I Chapter 3, Orchard Heaters and Agricultural I~Burning - Section 3-l. Orchard Heaters - No new orchard or citrus heater produced or manufactured shall be sold for use against frost damage after January 1, 1971, unless it has been approved by the State Air Resources Board. No person shall use any orchard or citrus heater after January 1, 1975, unless it has been approved by the State Air Resources Board or does not produce more than one gram/minute of unconsumed solid carbonaceous material. 2V. Section 3-5 of Chapter 3 of the Rules and Regula- tions of the Butte County Air Pollution Control District is repealed and Sections 3-2 through 3-17 are added to the said Chapter to read as follows: Section 3-2. Agricultural Burning - No person knowingly shall set or permit agricultural burning unless he has a valid agricultural burning permit issued in accordance with and subject to the Rules and Regulations of the District by 4. 1' the Control Officer or a designated fire control agency in the 2! area where the agricultural burn will take place. 3 Section 3-3. Burning Permit Agencies - 4' The following fire protection agencies are hereby designated to 6 issue permits for agricultural burning within the District: g City Fire Departments, California Division of Forestry, Butte 7 County Fire Department, Fire Protection Districts, and/or other g equivalent agencies. g Section 3-4. Information'Furnished by Permit lp, A 1~ i~cant - Each applicant for a permit £or agricultural burning 11: shall provide such information as is required by the designated 12 fire protection agency for fire protection purposes and such 13 additional information as may be required by the Control Officer. 1~ Section 3-5. Notice of Intent to I ng ite - 1'S' Prior to ignition of any agricultural burning pursuant to a permit 16~ issued in accordance with these rules, the permittee shall give 17 notice of intent to ignite to the fire control agency having lg', jurisdiction over the site of the proposed burn. 19 Section 3-6. Prohibition of Agricultural 20 Burning on No-burn Days - No agricultural burning permit shall be 21; valid on a no-burn day and no person shall knowingly set ar permit 22 agricultural burning an a no-burn day. 23 Section 3-7. Prohibition of Agricultural 24 Burning by Fire Control Agency - No permit shall be valid for any 2S' day on which burning is prohibited, for the purposes of fire 26 control or prevention, by the designated fire control agency 5. 1' having jurisdiction over the site of the burn. 2' Section 3-8. Freedom from Contamination and 3' Moisture - All agricultural wastes to be burned shall be free of ~ tires, rubbish, tar paper, construction debris, used pesticide ~ containers, and all other non-agricultural wastes, and shall be 6 reasonably free of dirt, sail, and visible surface moisture. 7 Section 3-9. Arrangement and Amount of g A rg icultural Waste - Agricultural waste shall be arranged so that g it will burn with a minimum of smoke, and except for large trees, 10 only that amount of agricultural waste that can reasonably be 1'Z' expected to completely burn within the following twenty-four {24) 12 hours shall be ignited on any one day. 13 Section 310. Ignition - All agricultural l~ wastes to be burned shall be ignited only with approved types of 15 ignition devices as defined in Section 1-15 of Chapter 1. 16' Section 3-11. Dr in Periods Re uired - 17' To lower the moisture content of agricultural waste, the elapsed lg time between cutting and burning shall be: 19: 1) A minimum of three (3) days for rice 2~ straw and stubble. 21 2) A minimum of thirty (30) days for trees, 22' stumps, and large branches greater than 23 - six (6) inches in diameter. 24; Sectionn 312. Ignition Hours - Permits shall 25,specify the hours from 7:45 A.M. to one (1} hour before sunset, 26'for ignition of fires, and no person shall knowingly ignite, or 6. 1 2 permit to be ignited, any fire for the purpose of agricultural burning except during these hours. 3 Section 3-13. Restriction of Agricultural Burning on Burn Days - The Control Officer may restrict agri- 5 cultural waste burning on burn days if such burning would cause 6 or contribute to extreme adverse air quality conditions. 7 Section 3-14. Exceptions - The burning of 8 agricultural waste is exempt from the provisions of Chapter 3. if: 9 1) The burning is done at 4,000 feet or Z0' more above mean sea level. 11 2) The burning is performed with LPG or 12 natural gas-fired burners designed and 13' used to kill seedling grass and weeds in 14 orchards and field crops and the growth 15' is such that combustion will not continue 16' without the burner. 17 Section 3-15. Special Permit - Notwithstanding 18',any other provision in this Chapter, the Control Officer may, by 1g; special permit, authorize agricultural burning on days designated 20 by the State Air Resources Board as no-burn days when denial of 21; such permit would threaten imminent and substantial economic loss 22 or would cause a public health hazard. The granting of such a 23'special permit does not exempt the applicant from any other 24 District or fire control regulation. The applicant shall submit 2B'to the Control Officer in writing an the form provided, his 26 reasons why denial of the permit would cause imminent and substantia 7. 1' 2 3 4 5 B 7 8 9 10 11 12 13 14 15 16 1 17 I 18 19 20 21 22 23 24. 25 26 I economic loss or a public health hazard. Section 3-16. Restricted Burning Days - If, for any reason it becomes likely that wastes from more than 10% of the total acreage within the -istrict of any major agricultural crap will be burned an any one day, the Control Officer shall notify the local agencies designated in Section 3-3 that a condition of restricted burning exists. On days of restricted burning, the said local agencies shall restrict the acreage to be burned under permit to that acreage allocated to the agency by the Control Officer. The Control Officer shall prorate the amounts to be burned to each agency based on the estimated number of acres in the geographic area covered by the agency. Section 3-17. Fire Prevention - Nothing in these rules are intended to permit open burning of agricultural wastes on days when such open burning is prohibited by public fire protection agencies for purposes of fire control or pre- vention. V. Sections 5-2 and 5-3 are added to Chapter 5 of the Rules and Regulations of the Butte County Air Pollution Control District to read as follows: Section 5-2. Violation of Orchard Heater or Agricultural Burning Regulations. Any violation of the pro- visions of Chapter 3 of these Rules and Regulations is a mis- demeanor punishable by imprisonment in the County Jail not exceed 8. ~' six (6) months, or by fine not exceeding five hundred dollars 2 ($500), or both, and the cost of putting out the fire. ~rery 3' day during any portion of which such violation occurs constitutes ~! a separate offense. 6'' Section 5-3. Citations - The Control Officer 6 or his designated representative is authorized to issue citations 7 to any person violating any order, rule or regulation of the g District. 9 Z0 That this ordinance shall take effect immediately upon 11 its passage, and before the expiration of fifteen (15) days 12 after its passage, it shall be published once with the names of 13 all members voting for and against the same in a newspaper of 1~! general circulation in the County of Butte, State of California. 15' The facts constituting the urgency on which this ordinance is 16 based and necessitating its adoption as an urgency measure to 17 preserve the public health, safety and welfare of the District 18 are as follows: 19 1. The harvest of rice, a major agricultural crop in 20 the District, began on or about September 10, 1971, and it is 21 expected that the burning of the agricultural waste associated 22 with this harvest will commence immediately and that substantial 23 agricultural burning will be accomplished within the next thirty 24 days. 25 2. Commencing not later than September 20, 1971, the 26' California Air Resources Board will, pursuant to its agri- 9. l;, cultural burning guidelines for the Sacramento Valley, provide a 2' notice each day at 7:45 A. M. whether a day is a burn or no burn 3: day, based on meteorological criteria and on the estimated 4 effect that agricultural burning may have on air quality and s, agricultural production; however, the District will be unable to 6 enforce the agricultural burning guidelines unless and until 7 this ordinance becomes effective. 8 3. The District is required to implement the agri- 9 cultural burning guidelines adopted by the Air Resources Board for 10. the Sacramento Valley by adopting this ordinance as an implementa- 11 tion plan and submitting it to the Air Resources Board by 12 September 17, 1971. 13! PASSED AND ADOPTED by the Butte County Board of Super- 14 visors this 14th day of September, 1971, by the following vote: 15 AYES: Supervisors Gilman, Madigan, Maxon, McKillop and Chairman Reynolds 16' NOES : None I7' ABSENT: None lg' NOT VOTING: None 19 20 : ~ ~ - rC~%~O LDS airman o t e 2I B e County Board of Supervisors 22. ATTEST.: 23! CLARK A. NELSON, County Clerk and •ex-officio Clerk of the Board 24' By 26 10.