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AIR POLUTION CONTROL ORDINANCE FOR BUTTE COUNTY
AN ORDINANCE OF THE COUNTY OF BUTTE, CALIFORNIA, DECLARING
THAT THE ATMOSPHERIC PURITY AND FREEDOP~1 OF THE AIR HAS BEEN
CONTAMINATED THROUGH THE USE OF ORCHARD HEATERS, AND OTHER
TYPES OF ORCHARD HEATING; PROVIDING FOR THE ISSUANCE,
REVOCATION OR SUSPENSION OF FERMITS, THE OUTLAWING OF CERTAIN
TYPES OF ORCHARD HEATERS AND METHODS OF HEATING; PROVIDING
FOR CONDITIONAL PER~4ITS FOR CERTAIN TYPES OF HEATERS;
iUIETHODS OF APPEAL; PROVIDING FOR PENALTIES AND DECLARING
THE ORDINANCE TO BE FOR THE PRESERVATION OF THE PUBLIC
PEACE, HEALTH, SAFETY AND WELFARE
The Board of Supervisors of the County of Butte do ordain
as follows:
ARTICLE I - GENERAL PROVISIONS.
SECTION 1. PURPOSE: The Supervisors of the County of Butte,
State of California, hereby find and declare that the people of
said county have a primary interest in atmospheric purity and
freedom of the air from air contaminants and declare that there
is from time to time polution of the atmosphere in a large area
of said county due to the discharge of soot, smoke, resin, tar,
wax or carbon from orchard heaters, or the heating of orchards
through other methods, and that such condition is detrimental to
the public health, peace, safety and welfare.
SECTION 2. AREA AFFECTED BY ORDINANCE: This ordinance shall
be effective in the County of Butte except that the provisions
thereof shall not apply to that portion of the county lying south
and west of the following described line:
Commencing at a point on the county line separating Butte
and Yuba Counties where U. S. Highway 40A intersects said county
line; thence Northerly along U. S. Highway 40A to the inter-
section of the Lower Honcut Road; thence Easterly along said
Lower Honcut Road to the meridian separating Range 3 East from
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Range 4 East, [fount Diablo Base and Nleridian; thence Northerly
along said meridian and along Lone Tree Road on said meridian to
the common section corner of Sections 25 and 36 in Township 19
North, Range 3 East, Niount Diabho Base and Meridian and Sections
30 and 31 in Township 19 North, Range 4 East, Niount Diablo Base
and Meridian; thence Westerly along the section line to the inter-
section thereof with State Highway No. 45; thence Westerly along
State Highway No. 45 to its intersection with U. S. Highway No.
99-E; thence Northerly along U. S, Highway No. 99-E to its inter-
section with the Easterly boundary of the Rancho Esquon; thence
in~a general Southwesterly direction along the Easterly boundary
line of said Rancho Esquon to its intersection with the Nelson-
Blavo Road; thence 4'desterly along the Nelson-Blavo Road to its
intersection with Midway 16-A; thence Westerly along the Nelson
Nest Road to its intersection with the Chico-Butte City Highway;
thence Northerly along the Chico-Butte City Highway to its inter-
section with the Ord Ferry Road; thence along a Northerly pro-
longation of the Chico-Butte City Highway across Rancho De Farwell
to its intersection with Chico River Road; thence Udesterly along
Chico River Road to its intersection with River Road; thence
Northwesterly along River Road to its intersection with State
Highway No. 32; thence Easterly along said State Highway No. 32
to its intersection with the Hamilton-Nord-Cana Road; thence
Northerly along said Hamilton-Nord-Cana Road to its intersection
with U, S, Highway No. 99-E; thence along a Northerly prolonga-
tion of said Hamilton-Nord-Cana Road to the county line separat-
ing Butte and Tehama Counties.
The above described area is excluded from the operation
of this ordinance because of factors whereby the control provided
by the ordinance is not presently deemed necessary for such area
due to lesser density of population and lesser air polution be-
cause of different land uses and geographical conditions existing
in said excluded area.
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SECTION 3. DEFINITIONS:
(a) PERSON. "Person" means any person, firm, associ-
ation, organization, partnership, business trust, corporation,
company or political subdivision.
(b) BOARD. "Board" means the Air Polution Control Board
of Butte County.
(c) CONTROL OFFICER. "Control Officer" means the Agri-
cultural Commissioner of Butte County, and/or any deputy appointed
by him, which may include peace officers.
(d) ORCHARD HEATER. "Heater or Orchard Heater" means
any article, machine, bowl burner, or contrivance, which is de-
signed for, used, maintained or capable of being used to burn any
kind of fuel capable of emitting air contaminants for frost pro-
tection in areas not completely enclosed. The word "Crchard'~ in-
cludes orchards, plant nurseries, or other agricul~jural crops. / ~-„
vti 'c~.~°-"'e' '~f-~-..-"yam "`
Contrivances commonly .known as ~'Jind A~iachines~are not included.
(e) SOLID CARBONACEOUS dv1ATTER. `Solid Carbonaceous
lviatter'' shall be deemed to include, but is not limited to the
following materials: soot, smoke, carbon, resin, tar, wax, or
combination thereof,
(f) NON~COt~iPLYING ORCHARD HEATER. ''Non-complying
Orchard Heater" means an orchard heater which is ineligible for
a permit under Section 40.
(g) 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 same.
(h) OPEN FIRE. "Open Fire" means any fire not contained
or enclosed or produced by systems or heaters described .and per-
mitted under these regulations.
(i) FROST PROTECTION. "Frost Protection'' means the pro-
tection of almond or other fruits, trees, growing crops or vege-
tation against damage from frost or cold weather.
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SECTION ~. SFVERABILITY: If any section, subparagraph, sen-
tence, clause, phrase or portion of this ordinance is for any rea-
son held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance, The
board hereby declares that it would have adopted this ordinance
and each section, subparagraph, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections,
clauses, phrases or portions be declared invalid or unconstitu-
tional,
SECTION 5, EI~FOFiCEt:~iENT: It is the duty of the Control
Officer, his deputies and assistants, to enf orce the provisions
of this ordinance.
SECTION 6. BOARD: IvlEiviBERS: QUALIFICATION: TERI.'iS; The
Supervisors of Butte County shall appoint the board of six (6) mem-
bers, consisting of the Director of Public ~~lorks who shall serve
ex-officio without vote, and one from each Supervisorial District.
No member other than the Director of Public '~`Jor3cs may be employed
by the county, No more than two members shall be orchardists.
The Director of Public Works shall serve on the board
concurrently with his term of office as such director. Three of
the members shall be appointed for a term of two years and two for
terms of three years, Thereafter, the terms of the members other
than the Director of Public Works, shall be three years.
SECTION 7, POWERS OF CONTROL OFFICER: OBSTRUCTION A MIS-
DEIvIEANOR: The Control Officer during reasonable hours, to ad-
minister this ordinance, may enter every building, premises, or
other place, except a building designed for and used exclusively
as a private residence. Any person who without good cause denies,
obstructs, or hampers the entrance of the Control Officer to any
premises other than a private residence for the purpose of ad-
;rinistering this ordinance, is guilty of a misdemeanor.
SECTION 8. STATUS OF VIOLATIONS: Any violation of any
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provision of this ordinance may be enjoined in a civic action
brought in the name of the people of the State of California.
Every person who violates any provision of this ordi-
nance or the restrictions contained in any permit issued hereunder
is guilty of a misdemeanor. Every day during any portion of which
such violation occurs constitutes a separate offense.
ARTICLE II - PERIviITS
SECTION 20. PERMITS: After December ist, 1958, or after
December 1st of any subsequent year, no person shall place, main
tain, alter, use or operate in excess of five orchard heaters in
any place where they may be used or operated for frost protection,
without first obtaining a permit to do so from the Control Officer.
Application for such permits shall b~ made to the Control Officer
on forms obtained from him and shall contain all information called
for by such forms, The Control Officer may require the applicant
to furnish such additional information as he may deem necessary be~
fore passing on any application. Permits shall not be transferable.
SECTION 21. APPLICATIONS:
(a) CONTE1~iTS: Applications shall contain a brief de,
scription of all orchard lands under the control of the applicant
and upon which orchard heaters under his control may be used dur-
ing the term of the permit and such other information as the
Control Officer may deem necessary for the proper administration
of the ordinance.
(b) ACTION ON APPLICATIONS: The Control Officer shall
act on all applications within a reasonable time, and shall notify
the applicant in writing of his approval, conditional approval or
denial of the application,
(c) DENIAL OF APPLICATIONS: In the event of denial of
the application, the Control Officer shall notify the applicant in
writing of the reasons therefor. All denials shall be lrrithout
prejudice to the applicant's filing a further application when he
has satisfactorily remedied the cause of the objections specified
by the Control Officer as his reasons for denial of the permit.
(d) AFFLTCATIONS DEEI~~iED DENIED: The applicant may at
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his option deem the application denied if the Control Officer fails
to act on the application within thirty days after filing, or with-
in thirty days after applicant furnished the further information
requested by the Control Officer, whichever is later.
(e) APPEALS: 'Within ten days after service of notice of
denial of the application, or of conditional approval, or vrithin
ten days after applicant's election to treat the application
as denied for failure to act in accordance with Section 21 (d),
applicant may file with the Board a request for a hearing,
SECTION 22. TERA:~ OF PER~~'iITS: Permits issued shall be
effective from December 1st to November 30th of the following
year. Applications for renewal of permits shall be made on or be~
fore iovember 30th of each year; provided, that if any applicant
has purchased or leased orchard property after November 30th of
any year and desires to use orchard heaters thereon, he shall
apply for a permit within thirty {30) days after such purchase or
lease. Any permit issued for Class A Heaters as hereinafter de-
scribed, shall be considered to be a permit, valid until suspended,
revoked or until the number or kinds of heaters is changed.
SECTION 23. HEARING: '.Vithin forty-eight hours after the
applicant has requested a hearing during the period from January
15th to May 1st of any year, or within fifteen days after the
applicant has requested a hearing at oth er times, the Board shall
hold such a hearing and give notice of the time and place there
of to the applicant, to the Control Officer and to such other per-
sons as the Board deems should be notified. Such notice may be
oral or telephonic and shall.be given not less than tweet}~-four
hours before the date of the hearing during the period from January
15th to i:iay 1st of any year, and written notice shall be given not
less than ten days before the date of the hearing at other times.
SECTION 24. ACTION ~F BOARD: After a hearing, the Board may:
(a) Deny the application for a permit.
(b) Approve the application for a permit,
{c) Approve the application for a permit subject to
conditions which it shall specif}r.
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SECTION 25. LATE FILED APPLICATIONS: Applications for per-
mits filed after November 30th of any year will be processed in
the same fashion as timely made applications but the applicant
will be assessed a penalty for late filing in the sum of X10.00 at
the time of making said late application, which s~ shall be deposi-
ted by the Control Officer with the Butte County fir.
The provisions of this section shall not apply to an appli- .
cant who applies for a permit within 30 days of the date of pur-
chase or lease of orchard property as provided in Section 22.
ARTICLE III - PROCEDURE BEFORE THE BOARD
SECTION 30. GENERAL: This article shall apply to all
hearings before the Board.
SECTION 31~ F:IL~NG PETITIONS: .
(a) Requests for hearing shall be initiated by the fil-
ing of a petition before the Board at the office of the Director
of Public G'Jorks in Butte County, California,
SECTION 32. FORM OF PETITION: INFORNfATION TO BE INCLUDED;
The petition shall include such information as the Control Officer
deems necessary to facilitate the equitable and speedy determina-
tion of the matter to be presented to the Board, The petition
shall not be filed until the information requested has been
supplied; but in any case, the Board may require the petitioner
to state further facts or to reframe his petition so as to dis-
close clearly the issues involved and may continue the hearing
until such order is complied with.
SECTION 33. SERVICE Or PETITIONS: Before filing, the peti-
tioner shall serve a copy of his petition on the Control Officer
and on the holder of a permit involved. Service may be made in
person or by mail and service may be proved by written acknowl-
edgment or by the affidavit of the person making the service.
The Board shall not accept for filing any petition on which or
accompanying which there is not pro~7f of proper service, unlesG
the Board otherwise directs.
SECTION 34. PLACE OF HEARING: All hearings shall be held
at the Supervisor's Room at the County Courthouse in Oroville,
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California, unless some other place is designated by the Board.
SECTION 35~ NOTICES: The Board shall mail notices of hear-
ing to the petitioner, -the Control Officer, the holder of the
permit and to all other persons who have requested notice in the
matter involved; to al 1, persons who will be subjected to greater
restrictions if such order is revoked, or modified, as proposed,
and to any other persons. as directed by any member of the Board.
SECTION 36, HEP,RINGS BErORE THE BOARD: Hearings before the
Board shall be of an informal nature, and any relevant evidence
of the type ordinarily admissible before administrative boaWds
of this State shall be admissible at such hearings.
ARTICLE TV - ORCHARD HEATERS
SECTION ~!R0, HEATERS ELIGIBLE FOR PERMITS: Except as pro-
vided in Section 41, z permit shall not be granted for any orchard
heater unless it is so designed or controlled, or can be so regu-
lated so that it will not discharge into the atmosphere unconsumed
solid carbonaceous matter at a rate in excess of one (1) gram
per minute.
SECT TON 41, CONDITIONAL AND UNAVAILABILITY PER~a1ITS:
(a) The Control Officer may grant conditional permits for
noncomplying orchard heaters when such conditional permits set
forth conditions which when complied with will cause such heaters
to meet the requirements of Section 40, No orchard heaters shall
be used or operated under a conditional permit granted under this
rule unless the conditions set forth in such permit are met<
(b) Unavailabili~y Permit: Permits for use of orchard
heaters not complying with Section 40 may be granted by the
Control Officer in the event of the unavailability of such com-
plying heaters due to any national emergency or unavailability
upon the open market, provided, however, that if an applicant .
has placed a bona fide order for such complying orchard heaters
and said order is unfulfilled throug?7 no fault of such applicant,
lack of credit or available finances being deemed the fault of
such applicant for the purposes of this ordinance, then an un-
availability permit may be issued for the current crop year
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conditionally upon the purchase of such complying orchard heaters
by said applicant as.soon as such an order can be filled.
SECTION 42. CONDITION OF HEATERS: Upon application for
any permit to operate orchard heaters, the applicant shall exe-
cute a signed.statement to the effect that:
(a) All heaters enumerated in application are clean,
free of excessive solids in stacks and bowls.
(b) All heaters enumerated in application are in good
repair and working condition.
(c) All such heaters will be maintained and operated
so as to comply with the rules governing their permit.
The Control Officer may make inspections to determine
the condition of the heaters. Upon findings contrary to any re-
quirement of this section, the application shall be refused
approval until such time as the condition of the heaters is such
to affect compliance.
SECTION 43. CLASSIFICATION OF ORCHARD HEATERS: For the
purpose of the provisions of this ordinance, orchard heaters
are divided into the following groups:
(a) CLASS A: Any type of orchard heater which is so
designed or equipped that it can be effectively operated so as
not to discharge u`nconsumed solid carbonaceous matter at a rate
in excess of one-half (1/2} gram per minute. Heaters of this
type are Return Stack Heaters, Jumbo Cone type heaters, their
equivalent ar better.
(b) CLASS B: Any type of orchard heater other than a
Class A Heater which. can be operated or regulated so that it will
not discharge unconsumed solid carbonaceous matter at a rate in
excess of one (1) gram per minute. Heaters included within this
class are Lazy Flame 18 inch stack, Lazy Flame 24 inch stack,
7 inch Straight Stack, Lemora (Spiral Action), their equivalent
or better.
(c) PROHIBITED HEATERS: It shall be unlawful, and ,no
.permit shall be issued, to use, light, burn or operate, or permit
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to be used, lighted, burned or operated any of the following .
types of noncomplying orchard heaters, commonly known or desig-
nated as follows:
(1) Garbage pail` (10} Hamilton Bread pan
with stack
{ 2) Smith Evans
. (11} Hamilton Square Bowl
(3) Citrus with Olsen Stack
(12) Bothwell
(4) Canco 5~gallon
(13) Buckets
(5) Dunn, short stack
(14) Tin cans
(6) Hamilton Bread Pan
(15) Riverside Slip lids
(7) GVheeling 3 or 4 gallon
(8) Canco 7 gallon (lb) Bolton 5 or 8~
quart
(9) Chinn
The prohibitions of this subparagraph {c) shall not
apply if circumstances and conditions prevail as set forth in
Section 41.
(d) BURNING RATES: The Board of Supervisors, after
report and recommendation of the Control Officer, by resolution
amending. this ordinance, shall adopt and establish burning rates
for each type of approved heater, and after the adoption of such
a resolution the permit shall contain a statement of the burning
rate within which limits such approved heaters may be operated.
It shall be unlawful and a ground for revocation or suspension of
a permit, to operate approved heaters at a burning rate in excess
of the established limitation.
(e) USE OF INCOMPLETED HEATERS PROHIBITED: All permits
are for complete orchard heaters. The use or operation for frost
protection of any incomplete or partial assembly of any type of
orchard heater is hereby prohibited.
SECTION 44. PROHIBITION OF SALE OF HEATERS:
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(a) After the adoption of this ordinance, no person-
shall sell or offer for sale for use within that portion of the
County of Butte affected by this ordinance any orchard heater
other than those classified Clas= A or Class B heaters by the
provisions of this ordinance or by the Control Officer, or which
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can be modified to meet such classification.
The ,prohibitions of this section shall not apply if
circumstances and conditions prevail as set forth in Section
41.
(b) Upon the classif ication by the Control Officer of any
heater not now specifically mentioned and classif led, the pro-
visions of this section shall apply to the same degree and
extent as if that heater had been so mentioned and classified
at the time of enactment of this ordinance.
SECTION 45. GENERAL RESTRICTIONS AND CONDITIONS OF
PERMITS: In order to effectuate this ordinance, any permit
issued hereunder shall be subject to the following restrictions
and conditions:
(a) Any burning or lighting of orchard heaters pur-
suant to a permit issued hereunder shall be under the supervision
of trained and competent personnel.
(b) Every heater for which a permit is issued here-
under shall be burned and operated at the rates and within the
limits established by resolution of the Board of Supervisor
and such rates and limits shall be set forth in each perm
issued herJeunderr ~,. `" _"~ -~ ~ o
~C1 All orchard heaters shall be reasonably clean
before the issuance of a permit therefor and shall be kept
reasonably clean during the effective period of such, permit.
(d} All orchard heaters shall be in good condition
and repair before the issuance of a permit pursuant to the
ordinance, and shall be kept in such condition and repair at
all times during the effective period of such permit.
SECTIO~i 46. _ ~N~ LVhen there exists or~
has occurred in the opinion of the Control Officer any violation
of Sections 43, 45 and 52, he may issue a written citation to
the permit holder setting forth the violation or violations
and notifying said permit holder to appear before the Control
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Officer to answer said citation at his office within three (3)
days.
If the Control Officer, after the hearing upon said
citation, finds the permit holder in violation of said ordinance,
the Control Officer shall enforce said ordinance in accordance
with Section 8 hereof.
SECTION 47, OPEN FIRES, RUBBER PRODUCTS: The burning of
any open fire (except dry woad, coke and briauets}, and the
burning of any rubber, rubber tires or any substance containing
rubber, for the purpose of or in connection with f rast pro-
tection is prohibited.
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ARTICLF_ V - HEATING OIL
SECTION ,50. HEATER OIL ~EP.LER'S PMRMIT: After the adop-
tion of this ordinance. any person desiring to engage in the
business of sale or delivery of fuel oil for use in orchard
heaters within the County of Butte shall first register with the
Control Officer and secure a permit to do so and shall furnish
to the Control Officer from time to time the following informa-
tion:
(a) Number and capacity of delivery vehicles and
capacity of storage facilities.
(b) Specifications of each lot of fuel .oil offered for
sale or delivery for orchard heating in sufficient detail to
demonstrate its conformity with the requirements of Section 52.
SECTIOAI 51. DELIVERY STATEMENT: After the effective date
of this ordinance, any person who sells or delivers more than~40
gallons of fuel oil to be used in orchard heaters in areas not
completely enclosed shall furnish the purchaser at time of sale
or delivery (and maintain for one (1) year a copy thereof), a
written statement showing the date, the sellex's name and address,
the buyer's name and address, the quantity of the fuel sold or
delivered, the Dealer`s Permit Number and the lot number or other
lot identification of the fuel oil delivered, 4Vhen fuel oil not
meeting the minimum requirements of Section 52 is delivered, the
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written statement shall bear conspicuously the warning "Not for
use in Class B Orchard Heaters". The information specified in
the described delivery„statement shall be furnished to the
Control Officer on demand.
SECT TON 52. HEATER OIL SPECIFICATIONS: The Board finds
that in order to prevent excessive discharge of unconsumed
carbonaceous matter from Class B Orchard Heaters from operating
within the established burning rates herein provided, an oil of
established minimum specifications is.required. After the
effective date of this ordinance, the fuel used in orchard
heaters defined in Class B shall conform to the following
minimum specifications:
(a) A distillate fuel meeting the following specifi-
cations:
1. Gravity oAPI (American. Petroleum Institute) at
60o F. - 18 min. (ASTM (American Society for
Testing Materials} D-287 39).
2. Flash point minimum 150° F. (Pensky-itilartens
Closed Testor ASTAt Designations: D-93).
3. Distillation: Initial (minimum 350° F.; 90q` -
G25° F. maximum; end point 700° F, (maximum):
98~o recovery minimum.
4. Carbon residue, bottom 10;x, 0.50 (maximum).
5. Sulphur content, per cent by weight, 0.805
(maximum).
(b) If oil meeting the above specifications is not avail-
able, then in lieu of the above specifications any oil sold,
delivered ox used for the purpose of orchard heating shall meet
the minimum ASTM specifications of #2 fuel oil and/or #2 diesel
fuel, and have a flash point minimum of 150° F. and a maximum
end point of 700o F.
EFFECTIVE DATE AND PtfBLICATION: This ordinance shall take
effect thirty (30) days after the date of its adoption, and
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before the expiration of fifteen (15} days after its passage
shall be published once with the''~~n00ame~~s of the members vo ing
for and against the same in the~~ ~ ,
a newspaper published in said County of Butte.
ADOPTED AND PASSED by the BOARD OE SUPERVISORS of the COUNTY
OF BUTTE, State of California, on the ~ day of _
1957.
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