HomeMy WebLinkAbout1312ordinance No , 1312
ORDINANCE AMENDING AGRICULTURAL BURNING GUIDELINES AND
ADDING THERETO PROVISIONS PERTAINING TO BURNING FOR
FOREST MANAGEMENT, RANGE IMPROVEMENT AND IMPROVEMENT OF
-~.aNn FOR WILDLIFE AND GAME HABITAT_
The Board of Supervisors of the County of Butte, State of
alifornia, acting pursuant to its authority as the Air Pollution
ontrol Board of the Butte County Air Pollution Control District
nd pursuant to the provisions of Sections 24260 and 39298.8 of the
5 ealth and Safety Code DO ORDAIN as follows: '
~ That the following amendments and additions are made to the
Control
7, ~.les and Regulations of the Butte County Air Pollution/District
g; to implement the Agricultural Burning Guidelines adapted by the
~: alifornia Air Resources Board on June 21, 1972:
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10 I. Sections 1-$, 1-9, 1-10/and 1-15 of Chapter 1 of the
11'~~Rules and Regulations of the Butte County Air Pollution Control
3.2 District, which sections were originally ennacted by Ordinance 1197;
13'are amended to read as follows:
l4' Section 1-8, A ricultural Burnin - Open ,outdoor fires used
15 in agricultural operations, or in improvement of the land for
16~~wildlife and game habitat, for the purpose of the burning of
17~~agricultural waste.
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Section 1-9o A ricultural erations - The growing and
arvesting of crops or raising of fowl, animals or bees, forest
ement or range improvement, for the primary purpose of making
a profit, of providing a livelihood, or of conducting agricultural
research or instruction by an educational institution.
Section 1-10. Agricultural Waste - Unwanted or unsaleable
materials produced wholly from agricultural operations. Agriculture
waste includes the following: grass and weeds growing in or on
fence rows, ditches and ditch banks and in or adjacent to fields in
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1'cultivation or being prepared for cultivation; vegetation removed
2 for range improvement, for a wildlife, game or livestock habitat
3 or for the initial establishment of an agricultural operation on
4 previously uncultivated land; and forest debris. Agricultural
5 waste does not include the following: items such as shop waste,
s demolition debris, garbage, oil filters, crankcase oil or other
7 petroleum wastes, tires, plastics, pesticide containers, broken
g boxes, pallets, and other similar materials; orchard waste removed
g.for land use conversion to non-agricultural purposes; and
1p agricultural waste removed from the property where it was growna
1I Section 1-llo Major AgriculturalCro~ - Any single kind of
~2`agricultural crop growing on more than 1,001 acres in the Districtq
~,3 For purposes of this definition, vegetation gxown on land used for
14~wildlife and game habitat, forest land and range land shall not be
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onsidered to be crops.
Section 1-15. Ap proved Ignition Devices - Those instruments
r materials that will ignite agricultural waste without the
production of black smoke, including instruments or materials such
as liquid petroleum. gas, butane or propane, diesel oil burners,
flares and other devices approved by the Control Officer, but not
including such items as tires, tar paper and oil.
II. Sections 1-9.1, 1-9.2 and 1-9.3 are added to Chapter 1
f the Rules and Regulations of the Butte County Air Pollution
trol District to read as follows:
Section 1-9010 Forest Management - Includes timber operatio
~silvicultural practices and forest protection practiceso
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Section 1-9.2. Timber erations - Cutting or removal of
timber or other forest vegetation.
Section 1-9.3o Silvicultural - The establishment, developmentt,
care and reproduction of stands of timber.
III, Sections 3-2, 3-6, 3-9, 3-11, 3-12, 3-14, 3-16 and 3-17
of Chapter 3 of the Rules and Regulations of the Butte County
Air Pollution Control District, which sections were originally
ennacted by Ordinance 1197, are amended to read as follows:
Sections 3-2. Permit Required - No person shall knowingly
ignite or burn agricultural waste or permit the ignition or
burning of agricultural waste under '.his control, on land under
his control or by his employees or other persons under his
control, unless he has a valid agricultural burning permit iss
in accordance with and subject to the Rules and Regulations of
the District by the Control Officer or a designated fire control
agency in the area where the agricultural burn will take place,
Section 3-6. Prohibition of A ricultural Burnin on No-Burn
Days - No agricultural burning permit shall be valid on a
no-burn day and no person shall knowingly set or permit
agricultural burning on a no-burn day. For the;.purpose of-:this
section, a person shall be deemed to have permitted agricultural
burning if he permits the setting or use of such fires for the
disposal of agricultural waste under his control, on land under
his control or by employees or other persons under his control.
Section 3-9. Arran ement and Amount of A ricultural Waste -
Agricultural waste shall be arranged so that it will ignite as
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~, rapidly as practicable within applicable fire control restrictio
2 and bzrn with a minimum of smoked Only that amount of
3 agricultural waste that can reasonably be expected to completely
4` burn within. the twenty-four {24} hour period following ignition
g shall be ignited on any one (1) day; provided, however, that
6 trees, stumps and branches greater than six (6) inches in
q diametex may be ignited even though they cannot reasonably be
g expected to completely burn within such period.
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Section 3-11. Drying Period Required - To lower the moistur€
content of agricultural waste, the elapsed time between cutting,
felling or uprooting and: ignition or burning shall be:
1. A minimum of three {~) days for rice straw and stubblE
2. A minimum of thirty (30) days for trees, stumps, and
branches greater than six (6} inches in diametero
3, A minimum of fifteen (15) days for vines or bushes.
Section 3-12. I nition Hours - Permits shall specify the
hours from 7:45 a.m. to one (1) hour before sunset for ignition of
fires, and no person shall knowingly ignite agricultural waste,
or permit the ignition of agricultural waste .under his control, on
land under his control or by employees or other persons under his
'control, except during these hours.
Section 3-14. Except-ions - Agricultural burning is exempt~::=
the provisions of Chapter 3 if:
1. The burning is done at 6,000 feet or more aboive mean
sea level.
2. The burning is performed with LPG or natural gas-fi
burners designed and used to kill seedling grass and
weeds in orchards and field crops and the growth is
such that combustion will not continue without the
burner.
Section 3-16. Restricted Burning Days - If, for any reason
it becomes likely that agricultural waste from more than 10°/0 of the
total acreage within the District of any major agricultural crop
Ior from mare than 250 acres within the District used for wildlife
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l or game habitat, forest land and range land will be burned on any
2 one day, the Control Officer shall notify the local agencies
3 designated in Section 3-3 that a condition of restricted burning
4 exists. On days of restricted burning, the said local agencies sh
~ restrict the acreage to be burned under permit to that acreage
6 allocated to the agency by the Control Officer, The Control Offic
7 shall prorate the amounts to be burned to each agency based on the
8 estimated number of acres in the geographic area covered by the
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Section 3-170 -Fire Prevention - Nothing in these rules is
intended to permit agricultural burning on days when such burning
is profited or in a manner which is prohibited by public fire
protection agencies for purposes of fire control or preventiono
Z4 ~ IVo Sections ~-2.1, 3-10.1, 3-11.1 are added to Chapter 3
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f the Rules and Regulations of the Butte County Air Pollution
ontrol District ~o read as follows:
Section 3-2.1.
Certificate From De artment of Fish and Game
'No agricultural burning shall be conducted for the improvement
of land for wildlife or game habitat until the person desiring to
conduct such burning obtains from the Department of Fish and Game
a written statement certifying that the burning is desirable and
proper for the improvement of land for wildlife or game habitat and
such statement is filed with the Control Officer.
Section 3-10.1.
Ignition Prohibited Due to Wind_Direction -
Agricultural waste from forest management or range improvement or
.improvement of the land for wildlife and. game habitat shall not be
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1 ignited when the wind direction is such that smoke from the burning
2 of such waste would be blown or carried into a nearby populated
3 area and could create a public nuisance.
4~ Section 3x11.1. Burnin of Vines or Bushes Treated with
b, Herbicides - Notwithstanding the provisions of Section 3-ll, vines
6' or bushes may be burned in place without being cut or uprooted if
7 they are treated and desiccated with herbicides and albwed to
8: dry at least six (6) months prior to ignition or burning;
9, Provided, however, that if the applicant for an agricultural
14 burning permit demonstrates to the satisfaction of the Control
3.1 Officer that burning of vines or bushes treated with herbicides
].2, could be accomplished prior to the expiration of such six (6)
1~ month period ~.n a manner which would produce no more smoke than
14 would be produced by the burning of the same type of vines or
~~~ bushes which had been cut ar uprooted and dried far fifteen (l5}
16 days, such burning may be allowed by the Control Officer prior to
17 the expiration of the six (6} month period,
~8 THAT this ordinance shall take effect thirty (30) days after
19 the date of its adoption, and, before expiration of fifteen {15}
20 days after its passage, it shall be published with the names of the
2I members of the Board of Supervisors voting for and against the
22 same in a newspaper of general circulation i.n the County of Butte,
23 State of Californian
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PASSED AND ADOPTED by the Board of Supervisors of th e
County of Butte, State of California on the 12th day of December
1972, by the following vote:
AYES: Supervisors Ladd, Madigan, Maxon, McKillop and Chairman Gilman.
NOES : None
ABSENT: None
NOT VOTING: None
ATTEST:
CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
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