HomeMy WebLinkAbout2124Ordinance No .2'~2~1- `~
AN ORDINANCE AMENDING CHAPTERS 1 AND 3
OF THE BUTTE COUNTY AIR POLLUTION
CONTROL DISTRICT RULES- AND REGULATIONS
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The Board of Supervisors of the County of Butte, State
of California, DO ORDAIN as follows: -
_ . .
S~cti'on 1. That Chapter 1, §§l-8, 1-10, 1-13 and 1-14
of the Butte County Air Pollution Control District Rules and
'',Regulations are hereby amended to read as follows:
§l-8. A ricultural Burnie Open outdoor fires used
in agricultural operations, ar in improvement of the land for wild=
life and game habitat, for the purpose of the burning of agri-
cultural waste, or open outdoor fires used in disease and pest
prevention.
§1-10. Agricultural Waste. Unwanted or unsaleable
materials produced wholly from agricultural operations. Agri-
cultural. waste includes the following; grass and weeds growing in
or on fence rows, ditches and ditch banks and in or adjacent to
fields in cultivation or being prepared for cultivation; vegetation
removed from range improvement; for wildlife, game or livestock
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habitat or for the initial. establishment of an agricultural .:r(^r="
operation on previously uncultivated land; fertilizer and p;esticid,~`~
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sacks, where the sacks are emptied on the field; material- "px'oduc"ed>~ `-.~
from the operation or maintenance of a system for the delivery-o.~`~ "
water as specified in §1-$.l; material not wholly .produced. from _
~'~ agricultural operations, but which are intimately related to the:
growing and harvesting of ,crops and which have been classified as
agricultural waste by the Air Pollution Control Off;c~r; and forest
debris. Agricultural waste does not include the fo~Towing:~.items
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such as shop waste, demolition debris, garbage, oil :filters,
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crankcase oil or other petroleum wastes, tires, Mastics, pesticide
containers and other similar materials; orchard waste removed .for
land use conversion to non-agricultural purposes; and agricultural
waste removed from the property where it was grown.
§ 1-13 . ~ No' Bvrn D•ay . Any day on which agricultural
burning:.- is prohibited by the St~.te Air Resources Board or by the
Air Pollution Control Officer.
§~.-14.; Burn Day. An,y day on which the State Air
'Resources Board or the Air Pollution Control Officer does not
prohibit agricultural burning.
'Sect-ion 2. That §1-8.1 of Chapter l of the Butte County
Air Pollution Control District Rules and Regulations is hereby
added tv read as follows:
§1-$.l. Agricul"aural Burning. Also means open out-
door fires used in the operation or maintenance of a system for
the delivery of water for the purposes specified in §1-$.
Section 3. That Chapter 3 of the Butte County Air Pvl-
lutian Control District Rules and Regulations is hereby amended to
read as follows:
§3-l. Orchard Heaters. No new orchard or citrus
heater produced or manufactured shall be sold far use against frost
damage unless it has been approved by the State Air Resources
Board,. No person shall use any orchard or citrus heater 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.
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§3-2. Permit Required. Na 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 pex~n.it issued in
accordance with and subject to the Rules and Regulations of the
District by the Air Pollution Control Officer or a designated fire
control agency in the area where the agricultural burn will take
place.
§3-2.1. Certificate froiu Department of Fish and Game.
No agricultural burning shall be conducted for the improvement of
land far wildlife or game habitat until the; person • ~desir.ing ~`: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 Air Pollution Control Officer.
§3-3. Burn:izzg Permit Ag'enc'ies. The fallowing fire
protection agencies are hereby designated to issue permits for
agricultural burning within the District: City Fire Departments,
California Division of Forestry, Butte County Fire Department,
Fire Protection Districts, and/or other equivalent agencies.
§3-4. Inforgiation Furn:is"hed by Perinit_Applz.cant.
Each applicant for a perrn.it for agricultural burning shall provide
such information as is required by the designated fire protection
agency for fire protection purposes and such additional informatio
as may be required by the Air Pollution Control Officer.
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§3-5. No"t ice of Intent to I Hite. Prior to ignition
of any agricultural burning-pursuant to a permit issued in
accordance with these rules, the permittee shall give notice of
intent to ignite to the fire control agency having jurisdiction
over the site of the proposed burn.
§ 3 - 6 . P~rohib i t io'n 'o'f Agr~cu~ltural Burning 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 burni
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 ar use of such fires for the disposal of agricultual waste
under his control, on land under his control or by employees or
other persons under his control. The burx7.ing of pesticide sacks at
the site of application is-.Hat prohibited by this section provided
the burning is conducted downwind from. any person or susceptible
scraps.
§ 3- 7 . Prohibition: of A' riculttiral Burriiri b -Fire
Control A enc No permit shall be valid for any day an which
burning is prohibited, for the purposes of fire control or preven-
1tion, by the designated fire control agexzcy having jurisdiction
(lover the site of the burn.
§3-S . Freedom from Cox~:tamin.ation and- Moist-o:re. A11
.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 reasonably free of
dirt, soil, and visible surface moisture.
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§3-9. Arran ement and Amount of A ricultural Waste.
-Agricultural waste shall be arranged so that it will .ignite as. _ ~~
rapidly as practicable within applicable-fire control restrictions
and burn with a minimum of smoke. Only that amount of agricultural
waste that can reasonably be expected to completely burn within the
'twenty-four (24) hour period following ignition shall be ignited on
any one (~.) day; provided, however, that trees, stumps and branches
greater than six (6} inches in diameter may be ignited even though
they cannot reasonably be expected to completely burn within such
period.
§3-10. Ignition. All agricultural wastes to be
burned shall be ignited only with approved types of ignition
devices as defined in §l-l5 of Chapter 1.
§3-10.1. Ignita:on 1'roliibited 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
ignited when the wind direction is such that smoke from the burning
of such waste would be blown or carried into a nearby populated
urea and could create a public nuisance.
§3-11. Drying Period Required. Except as provided
for in §3-11.2 of these Rules and Regulations, to lower the mois
content of agricultural waste, the elapsed time between cutting,
felling or uprooting and ignition or burning shall be:
1. A minimum of thirty (30) days for trees, stumps
and branches greater than six (6) inches in diameter.
2. A minimum of fifteen (15} days for vines, bushes
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or branches less than ar equal to six (6) inches in diameter.
.-: §3-11.1.. Btirriing of Vizies. oar. Bushes Treated with
Herbicides. Notwithstanding the provisions of §3~-11., vines or
bushes may be burned in place wi-~hout being cut or uprooted if
they are treated and desiccated with herbicides and allowed to dry
at least six (6) months prior to ignition or burning. Provided,
however, that if the applicant for an agricultural burning permit
demonstrates to the satisfaction of the Air Pollution Control
Officer that burning of :wines or bushes treated with herbicides
could be accompl~.shed prior to the expiratianof such six (6} month
period in a manner which would produce no mare smoke than would be
produced by the burning of the same type of vines or bushes which
had been cut or uprooted and dried for fifteen {l5} days, such
burning may be allowed by the Air Pollution Control. Officer prior
~to the expiration of the six {6) month period.
§3-11.x. Rice Straw Burnin The following shall
apply to all rice straw 'and stubble burning.
1. All rice harvesters shall employ a mechanical
straw spreader to insure even distribution of the straw, with the
exception that rice straw may be left in rows providing that it
:.meets the drying time criteria prior to a burn as described in this
II section.
2. The drying time after harvest shall not be less
~~than three days and no raw rice straw shall be burned prior to a
ten-day drying time, except that if the rice straw or stubble makes
~~an audible crackle when tested just prior to burning with the
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testing method described in this section. After a rain exceeding
15/100 of an inch:ri.ce straw or stubble shall not be burned..unless. '
the straw makes an audible crackle when tested just prior to burnin
with the testing method described in this section.
3. When checking the field for moisture the grower
shall test a composite sample of straw from under the mat, in the
center of the mat and from the different areas of the field to
;insure a representative sample. A handful of straw from each area
Iwi11 give a goad indication.
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§3-11.3. Field Crop Ignition. Rice, barley, oat and
wheat straw shall be ignited only by stripfiring into-the-wind ar
by backfiring except under a special permit of the District issued
when and where extreme fire hazards are declared by a public fire
protection agency to exist, ar where crops are determined by the
Air Pollution_Co.ntrol Officer not to lend themselves to these
techniques.
§3-12. Ignition Hours.
A. 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-was.te~.under his control, on land under his control
or by employees or other persons under his control, except during
these hours.
B. No ignition of field crop waste shall commence
before 10:00 a.m. nor after 5x00 p.m. in any day.
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§3-12.1. Restricted Burning..
A. During the period from October l through November
l5 of each year, the daily acreage, an permissive-burn days, of
open b.urnz.ra.g in agricultural operations in the growing of crops or
raising of fowl or animals, shall be restricted to that acreage
~whicti would result in no more particulate emissions then allocated
ito the District by the Sacramento Valley Air Basin Control Council
~in Guidelines established prior to September l5th of each year.
§3-12.2. Field Cro s Harvested Prior to September_l0.
~,No field crop acreage which was harvested prior to September 10
shall be burned during the period from October l through November
~l5 of each year, unless written authority is given by the District.
IIn granting such written authority the District shall:
1. Ensure that the amount of acreage which is to be
~~burned sha11 lae included in the District's allotment as specified
2. Require a specific explanation of the cultural
~~practices which require immediate burning.
3. Require the person to specify the reason why the
burning was not conducted prior to October 1.
4. Require the exception of this section be valid
~~only on permissibe-burn days.
§313 . Restriction of Agric~a.ltural Burning _on Burn
Days. The Air Pollution Control Officer may restrict agricultural
~~waste burning an burn days if such burning could cause or contribu
~to extreme adverse air quality conditions.
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1 §3-14. Exce Lions. .Agricultural burning is exempt
2 from the. provisions of Chapter 3 ~.f:
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~ 1. The burning is done at 6,000 feet or more above
4 mean sea level.
5 2. The burning is performed with LPG or natural gas-
g fired burners designed and used to kill seedling grass and weeds in
~ orchards and field crops and the growth is such that combustion
g will not continue without the burner.
g 3. The open-burning in agricultural operations in the
10 growing of craps or raising of fowl or animals, or the open-burning
11 for disease and pest prevention, at altitudes above 3,000 feet mean
12 sea level (MSL).
13 §3-15. S ecial ~Per~it. Notwithstanding any others
14 provision of this Chapter, the Air Pollution Control Officer may,
~,g by special permit, authorize agricultural burning on days designate
lg by the State Air Resources-Board as no-burn days when denial of
17 such permit would threaten imminent and substantial economic loss
lg or would cause a public health hazard. The granting of such a
~9 speical permit does not exempt the applicant from any other Distric
20 or fire control regulation. The applicant shall submit to the
21 Air Pollution Control Officer in writing on the form provided, his
22 reasons why denial of the permit would cause imminent and substan-
23 tial economic loss or a public health hazard. The daily acreage
24 burned under this section shall conform with the Sacramento Valley
26 Air Basin Guidelines and may be issued only when downwind
2s metropolitan areas are forecast to achieve ambient air quality
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standards.
- §3-16. Restricted Burning. At no time shall .the
aggregate of the total acreage of ail crops burned on any single
day exceed ten (10} percent of the acreage of the largest single
crop grown in the District.
§ 3 -16.1 Rain: 'e Iin roveme'nt` Burnin
A. The Air Pollution Control Gffi.cer may annually
designate a period, ar a portion of such period, from January 1
through May 3T., during which time range improvement burning may be
conducted by permit, as specified in §3-2, on a na-burn day,
provided more than fifty (5~) percent of the land has been brush
treated. Zf the burn is performed primarily for the improvement of
land far wildlife or game habitat, the Department of Fish and Game
may specify-the amount of brush treatment required.
B. The Air Resources Board may prohibit range improve
meat burning under this section if, in the opinion of the State
;Board, such prohibition is required for the maintenance of suitable
~~air quality.
§3-17. Fire Pr"evention. Nothing in these rules is
intended to permit agricultural burning on days when such burning
is prohibited or in a manner which is prohibited_by public fire
protection agencies for purposes of fire control. or prevention.
Section: 4. This ordinance shall be and it is hereby
declared to be in full force and effect from and after thirty (30)
days of its passage, and before the expiration of fifteen (15)
days after .its:.passage., shall be published once with the names of
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the mernbers of the Board of Supervisors voting for and against
it in the : ~ Ch~.co Ente ~ ~~.se Record ~ a zzewspaper published in the
,.
County of Butte, State of California.
PASSED AND ADOPTED by the~Butte County Board of Super-
visors this 15tI~laY of J~~~ 1.980, by the fo~.lowing
.vote:
AYES: Superv~.sors Dolan, ~~o~e:ley~, ,Whe~l~r `axxd:.
Chairman Zemke
NOES: None ~ .
ABSENT: Supervisors
NOT VOTING: None
ATTEST:
CLARK A. NELSON, County Clerk/Recorder
and ex-offic' Cle of the Board
By ... ___:........
llo
Board of Supervisors