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HomeMy WebLinkAbout1308l 2 3` 4 5 6~ 7 S. 9 ].0 1Z' I2 13 1.4 l~. 16. ~.7 18 Z9 20 '. 21 22 ~3 24 25 26 C i na nc e No . 130 $ ORDINANCE REPEALING PARTS OF CHAPTER 3 OF THE BUTTE COUNTY CODE, AS ENACTED BY ORDINANCES 600 AND 636, ELIMINATING ORCHARD HEATER PERMIT SYSTEM ANDti1AKING OTHER AM~DMENTS The Board of Supervisors of the County of Butte, State of California, DO ORDAIN as follows: The following amendments, additions and deletions are made to Chapter 3 of the Butte County Code: I. Section 3-1 of the Butte County Code, enacted by Section 3 of Ordinance No. 600, is amended to read as follows: C.~n~Finn '~_1 nafini't-inn~_ For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Boardo "Board" means the Air Pollution Control Board .of Butte County. Control Officer. "Control Officer" means the Agricultural Commissioner of Butte County, and/or any deputy appointed by~him which may include peace officerso Frost rotection, "Frost Protection" means the protection of almond or other fruits, trees, growing crops or vegetation against damage from frost or cold weathero Noncom 1 in orchard heater, "Non complying Orchard Heater" means an orchard heater which does not meet the discharge require- menns of Section 3-18. Open fire, "Open Fire" means any fire not contained or enclosed or produced by systems or heaters described and permitted under these regulations. Orchard Heater. "Heater or Orchard Heater" means any article, machine, bowl burner, or contrivance, which is desjgned 1 2 3 4' 5' 6. 7 8 s 10 lI 12 13' 14. ~.5 I6 17': is` 19 . 20 21. 22 23 24 25. 26 ~. for, used, maintained or capable of being used to burn any kind of fuel capable of emitting air contaminants for frost protection in areas not completely enclosed. The word "Orchard" includes orchards, plant nurseries or other agricultural craps. Contrivance commonly known as Wind Machines or Butane Heaters are not included. Person. "Person" means any person, firm, association, organization, partnership, business trust, corporation, company or political subdivision. Return stack heater. "Return Stack Heater" means a combustion--chamber type of heater with external return pipe for recirculating part of the stack gases, and improved models of the I same. Solid carbonaceous matter. "Solid Carbonaceous Matter" shall be deemed to include, but is not limited to the following ', materials: soot, smoke, carbon, resin, tar, wax, or combination (thereof. II. Section 3-5.1, based upon Section 8 of Ordinance 600, is added to the Butte County Gode to read as follows: Section 8. Violations. Any violation of any prohibition or condition contained in Article IlT of this Chapter may be enjoined in a civil action brought in the name of the people of the State of Californian Every person who violates any such prohibition or condition is guilty of a misdemeanoro E~rery day during any portion of which such violation occurs constitutes a separate offense. 2. 1 2 3 4 5 6 7 8 9 10: I1 ~2 I3 Z4 15 16 I7 18 19' 20 . 21' 22`. 23 24 25 26 III. Section 3-14 of the Butte County Code, enacted by Section 42 of Ordinance b00, is amended to read as follows: Section 3-14. Condition and Ins ection of Heaters. No person shall, after December 31, 1958, place, mainta -use or operate in excess of five orchard heaters in any place whe they may be used or operated for frost protection, unless all of such orchard heaters are: (a} Clean, free of excessive solids in stacks and bowls. (b) In good repair and working condition. (c) Maintained and operated so as to comply with the provisions of this Chapter. The Control Officer may make inspections to determine the condition of the heaters. TV. Section 3-15 of the Butte County Code, enacted by Section 43{c) of Ordinance b00, is amended to read as follows: Section 3-15o Prohibited Heaters. " It shall be unlawful to use, light, burn or operate, or permit to be used, lighted, burned or operated any of the followin types of non-complying orchard heaters, commonly known or designat d as follows: {1) Garbage pail { 2 ) Smith Etran s (3) Citrus with Olsen stack {4) Canco 5-gallon (5) Dunn, short stack (6) Hamilton bread pan {7) Wheeling 3. l 2 3 4 5 .. 6 7 S 9 10 . 1I 12 13; 14 15 16 1'T l~g~ is. 20 21 22 23 24 2g: 26 (8) Canto 7 gallon (9) Chinn (l0) Hamilton bread pan with stack (11) Hamilton square bowl (12) Bothwell (13) Buckets {14) Tin cans (15} Riverside slip lids three or four gallon {16) Bolton five or eight quart The prohibitions of this subparagraph shall not apply if circumstances and conditions prevail as set forth in Sections 3-23arid 3-23,1', Vo Section 3-16 of the Butte County Code, enacted by Section 43{~) of Ordinance 600, is amended to read as follows: Section 3-16, Use of Incom fete Heaters Prohibited - The use or operation for frost protection of any incomplete or partial assembly of any type.of orchard heater. is hereby prohibited, VI. Section 3-17' of the Butte County Code, enacted by Section 43{d} of Ordinance 600 and amended by Section 1(d) of Ordinance 636, is amended to read as follows: Section 3-17. Burning Rates. It shall be unlawful to operate any approved heater at a burning rate in excess of the burning rate adopted and established for kaeaters of its type. The adopted and established burning rate: for each type of approved heater, and the names of such approved 4, 1 2 3 4 5 6 7 S 9' ZO Z ]. 12 13. ~.4 3,5 16. 17 18. 19 20 21 '' 22 23 I 24,1 23 ~' 26. i heaters, are as follows: Maximum burning rate pounds per hour {1 gallon fuel is approximat y Name 7 lbs,} HyLo - 1929. . . .8 lbs, HyLo - 14$ Original and Special, a a .8 lbs. HyLo drum. o . 8 lbs . Lemoraa . o . .8 lbs o Kettle . . ~ . .7 lbs. Exchange model,~7" diameter stack. o . .. .7 lbs. Exchange model, 6" diameter stack. . .6 lbso Lazy Flame 24" stack .6 lbs. HyLo 230 A o o a. 6 1bs . Lazy Flame ~.$":suck . .6 lbs. National Jr. Louver, 18" stack .6 lbs. Name No maximum burnin rate. University Return Stack Jumbo cone VIZ. Section 3-18 of the Butte County~Code, enacted by Section 40 of Ordinance 600, is amended to~rea~ as follows: Section 3-18. Dischar e of Unconsumed Solid Carbonaceous Matter and 3-23.1 Except as provided in Sections.'3~:23~, no person shall, aft December 31, 1958, place, maintain, alter, use or operate in excess of five orchard heaters in any place where they may be used or operated for frost protection, unless such orchard heaters are so designed or controlled, or can be so regulated so that each of them will not discharge into the atmosphere unconsumed solid carbonaceous matter at a rate in excess of one gram per minu~ VIII. Section 3-21 of the Butte Cqunty Code, enacted by Section 46 of Ordinance 600, is amended to read as follows: SPCtion 3-21. Enforcement of Sections 3-15 to _3-17, 3-19 r :e. 5a 1 2 . 3 4 5. 6 7 8 9 to Y~ 12 ~II 13 14' 15' 16' 17 " I~I 18 19 20 2~. 22 23 24 2S 26 3-33 and 3-380 When there exists or has occurred in the opinion of the Control Officer any violation of sections 3-15 to 3-17, 3T'19, 3-33 and 3-35, he may issue a written citation to the alleged violator setting fo~'th the violation or violations and notifying the alleged violator to appear before the Control Officer to answer 'said citation at his office within three (3) days. T.f the Control Officer, after the hearing upon the citation, finds the permit holder in violation of said sections, the Control Officer shall enforce said sections in accordance with (Section 3-5.1. IX. Section 3-22.1, based in part upon Section 45(a) of Ordinance 600, is added to the Butte County Code to read as (follows: Section 3-22.1. Burning_or Lighting of Heaters by Trained Any burning or lighting of orchard heaters shall be the supervision.of trained and competent personnels X. The title of Division 2 of Article III of Chapter 3 '~,of the Butte County Code is amended to read as follows: Division 2. Conditional and Unavailability Permits. XI. Section 3-23 of the Butte County Code, enacted by Section 20 of Ordinance 600 and amended by Section l~.~of Ordinance 636, is hereby repealed. XII,~ Section 3-34, enacted by Section 41 of Ordinance 600, is renumbered Section 3-230 6. 1 Xlll. Section 3-35 of the Butte County Code, enacted by 2 Section 41 of Ordinance 600, is renumbered Section 3-23.1. 3 XIV. Section 3-23.2, based in part upon former Section 4 3-23 enacted by Section 20 of Ordinance 600 and amended by 5 Section 1 of Ordinance 636, is added to the Butte County Code to g read as follows: 7 Section 3-23,2. Application Forms; Transferability. g Application for conditional and unavailability permits g be made pursuant to this Division. Such applications shall be 10 made to the Control Officer on forms obtained from him, shall 11` contain all information called for. by such farms and shall be 12 filed with the Control Officer on or before December 31 for the 13 ensuing calendar year. The Control Officer may require the 14 applicant to furnish such additional information as he may deem 15 necessary before passing on any application. Permits shall not 16 be transferable. 17 XV. Section 3-32 of the Butte County Code, enacted by Zg Section 22 or Ordinance 600, amended by Section 1 of Ordinance lg 636 is, amended to read as follows: 20 Section 3-32. Term; Renewal. 21 Permits issued shall be effective from January first to 22 December thirty-first of each year. Applications for renewal of 23. permits shall be made on or before December thirty-first of each 24 year. Provided, however, that if any applicant has purchased or 2g leased orchard property and desires to use non-complying archard 26 heaters on said land he shall apply for a permit pursuant to this 7. Z 2 3' 4 '. 5 6 7 8 9 10 I1' ~2 13 i~ 15 16 17 Z8 ~9' 20 '. 27. ' 22° 23 24 25 '. 26 Division within thirty days after such purchase or lease. XVI. Section 3-33 of the Butte County Code, enacted by Section 45 of Ordinance 600 is repealedo This ordinance shall take effect thirty (30} days after the date of its adoption, and, before expiration of fifteen (15) days after its passage, it shall be published with the names of the m~~nbers of the Board of Supervisors voting for and against the same in a newspaper of general circulation in the County of Butte, State of Californian PASSED AND ADOPTED by the Board of Supervisors of the County of Butte9 State of California on the 30th day of November, 1972, by the following vote: ' AYES: Supervisors Zadd, Madigan, McKi,llop & Chairman Gilman. NOES : None ABSENT: Supervisor Max^'^ NOT VOTING: None ATTEST : CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board $.