HomeMy WebLinkAbout72-2081
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REVISIONS AND ADDITTONS TO THE RULES AND REGULATIONS dF Tf~E
BUTTE COUNTY AIR POLL~[7TION CONTROZ DISTRICT
I. 'Tk~e introductory clause to the present Rules and
Regulati.ons of the District is amended to read as follows:
"'Tkae Air Pollution Control Board of the Butt~ County Air
~oiiu~~o~ Control District dves enact as follows:"
2. Section i-30 of th.e existing Rules and Regulations, t,~hich
section is titled "Atmosphere", sha11 be rent~mbered Sectiorz 1-31.
3. Section ~.-31 of the existing Ruies and Regulations,
which section is titled "Standard Conditions", sha1L be renumberec
5~ction 1-32.
4. Section 1-32 of the existi.ng Ru1es and Regulations, which
section is titled "LPG", shall be renuinbered Section 1-33.
5. Section 1-33 of the existir3.g Rules and Regulations, which
section is titled "PPM", sha11 be renutnbered Section 1~34.
6. Section 1.-33 of the existing Rules and Regulations, which
section is titled "Total Reduced Su.lfur CTRS)", shall be
renumbered Section I-35.
7. Section. 2-8 sha1l be amended to read as fol.lows:
Section 2-8. Certain Outdoor E'ires Prohibited - No person
sha11, after December 31, i971, set or use ar permit the setting-
or use of open ou~door fires for Che purpose of disposal of
petroleum wastes, demolition debris, tires, tar, trees, wood wast
ar oth.er combustible or flammable solid or liquid 'waste or ~or
metal salvage or burning of automobile bodies. For purposes o~
this section, a person sha11 be deemed to have permitted the
setting or use o~ such fires if he permits the setting or use of
such fires for the disposal of such wastes undex his control, on
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land under his control or by employees or other persons under
his controlo
S. Section 2-10 snall be amended to read as follows:
Section 2-10, Sin 1e and Two-Famil Dwellin Exem tion -
Noth~ng in these regulations shall be construed as prohibiting
burning for the disposal of combustible or flammable solid waste
of a single or two-family d~elling on its premises; provided,
however, that no burning of garbage, demolition debris, petroleum
waste, tires, tar, plastics, cloth or other similar smoke produc~~g :
mater~als on said premises shall be permitted,
' 9, S~ction 2-Il sha11 be amended to read as follows:
Section 2-11. Right of Way, Levee, Reservoir, and Ditch
Clearing ~xemption - Nothing in these regulations shall be construe
to prohibit burning by a p~blic entity or utility for right-o~-way
clearing or other property access, or for levee, reservoir, ditch
or drainage maintenance. No material may be buraed pursuant to thx
section unless the burning is done on a burn day and the material
to be burned has been arranged so that it will ignite as rapidly as
practicable within applicable fire control restrictions and burn wi h
a minimum of smoke. Such mater~al shall be cut, uprooted or trea~e ,
and allowed to dry, in the same manner as specified in Sections
2A-11 or 2A-16 ot these Rules and Regulations; provided, however,
that material growing in o~ on ditches, ditch banks and drainage
areas may be burned in place without being c~t, uprooted or treated.
l0o Chapter 2A shall be added to the Rules and Regulations
to read as £ollows:
Z.
Chap~er 2 A. Wood Waste Burnin
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Section 2 A-1, Outdoor Surning of Certain Wood Waste - Wood
waste from trees, vines, or bushes on property being developed for
co.mmercial or residential purposes, may be disposed of by open
outdoor fires on the property where it was grown, pursuant to
the provisions of Sec~ion 39297.6 of the Health and Sa~ety Code
and in compliance with fhe conditions of this Chaptero
Section 2 A-2. Findin b Count Health Officer - Before.
open burning of such wood waste may be allowefl, there must be a
~inding by the But~e County Health Officer that it is more
beneficia~, in terms of the general public health of the persons
within the District, to burn such wood waste on location, than to
dispose of i~ by other meanso
Sectxon 2 A-3o Permit Required - No pe~son sha11 knowlingly
igni~e or burn woad waste, or permit the ignition or burning of
wood waste under his cont~ol, on land under his control or by
employees or other persons under his control, pursuant to this'
Chapter, unless he has a vala.d wood w~ste burning permit issued in
accordance with and subject to the provi~ions of this Chapter by
the Control Officer.
Sec~ion 2 A-4. Information Furnished b Pe~nit A~ican~ -
! Each applicant fox a permit for wood wraste burning pursuant to
this Chapter shall provide such info~mation as is req~.ired by the
designated fire protectian agency for fire protection purposes and
such additional information.as may be required by the Control'Offi
Section 2 A-5. Notice of Tntent to Ignite - Prior to
ignition or burning o~ any wood waste pursuant to a„permit issued
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in accordance with this Ghapter, the permittee shall give notice
of intent to ignite or burn to the fire control agency having
jurisdiction over the.site of the proposed burn.
Section 2 A-6. Frohibition of Wood Waste Burning on No-Burn
Da s- No wood waste burning permit issued pursuant to this C~apter
shall be valid on a no-btirn day and no person shall know~ng~y
ignite or burn wood waste, or pexmit the ignition or burning of
wood waste u.nder his control, on land under his con~rol or by
employees or other persons under his control, on a no-burn dayo
Sec~ion 2 A-7a Prohibition o~ Wood Was~e Burning By Fire
Control Agency - Na wood waste burning permit issued pursuant to
this Chapter shall be valid for any day on which burning is '.
prohibited, for the purpose of fire control or prevez~tion, by
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the <'public.~ '- fire control agency having jurisdiction over the '
site ot the burn.
Section 2 A-8. k'reedom From Contamination and Moisture -
All wood wastes to be burned shall be free of ~ires, rubbish, tar
paper, construction debris, garbage, plastics and a11 other
combustible or flammable solid waste not grown on the property,
and sha11 be reasonably free of dirt, soil, and visible sur~ace
moisture.
Section 2 A-9. Arrangemen~ and Amount of Wood Waste - I
Wood waste shall be arranged so that it will ignite as:.rapidl.y as '
practicable within applicable fire control restrictions and burn
with a minimum of smokeo Onl.y that amount of wood waste that can
reasonably be expected to completely buxn within the twen.ty-four
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(24) hour period following zgnition shall be ignited on any one
(1) 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,
Section 2 A-10, I~nition Devices - All wood wastes to be
burned sha11 be ignited only with approved types of ignition
devices as de£ined in Sectian 1-15 of Chapter l.
Section 2 A-11. Ignition Prohibited Due to Wind Direction -
Wood waste sha11 not be ignited when the wind direction is such
that smolce from the burning of such waste wou.ld be blown or
carried into a nearby.populated area and could create a public
nuisance.
Section 2 A-12. l?rying Periods Required - To lower the
moisture content of wood waste, the elapsed time between cutting
or uprooting and ignition or burning sha11 be:
~.. A minimwn of fifteen (15) days far vines o~ bushes.
2o A minimum of thirty (30) days for trees, stumps, and
branches greater than six (6) inches fn diameter.
Section 2 A-13, I~nition Hours ~ Each permit for wood
waste burning sha11 specify the hours fo~ ignition of fires and
~burning as indicated in the ~eg~ulations of the fires;control agency
having jurisdiction over the s~te of the burn, and no person shall
lr.nowingly ignite or burn wood waste, or permi~ the ignition or
burning of any wood waste under his cnntrol, on land under his
control or by employees or other persons under his control, except
during the hours so specifiedo
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Section 2 A-14e Res~riction of Wood Waste Burning o~ Burn
Days - The Control Officer may restrict ~od waste burning on burn
days if such burning would cause or contribute to extreme adverse
air quality conditionse
Section 2 A-15o ~ire Prevention - No~hing in these ruLes
is in~ended to permit open burning of wood wastes on days when such
apen burning is prohibited or in a manner which is prohibited by
._ gublic fire protection agencies for purposes of fire control o
prevention.
Section 2 A-16o Restriction on Total Amount of Wood Waste
Burning - The maximum amount of wood waste wkiich may be burned on
any one day is the wood waste grown upon nnt more than two hundred
and £ifty (250) total acres of land in the Distr~.ct. Provided,
however, tha~ the Control Officer may authorize burning in excess
of this amoun.t if a public health hazard woul.d be caused unless
such additional burning were permitted.
Sec~ion 2 A-17. Burning of Vines or Bushes Treated with
Herbiczdes - Notwithstanding the provisions of Section 2 A-1~2,
vines or bushes may be burn.ed in place wxthout 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.
I Provided, however, that if the applicant for a wood waste burning ;
permit demonstrates fio the satis~action of the Control Officer
that burning of vines or busnes treated with herbicides c~ould be
accomplished prior to the expiration of such six (6) month period
in a manner which would produce no more smoke than would be
produced by the burning of the same type of vines or bushes which
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1 had been cut or uprooted and dr~ied for fifteen (15) days, such"
2 burning may be allowed by the Control Officer p~io~ to the
3 expiration o£ ~he six (6) month periodo
4 Section 2 A-18o Certain Prohibitions Not Applicable -
5'I'he p~ovisions of Sections 2-2, 2-4, 2-5 and 2-8 shall not apply
6~o wood waste burning pursuant to this chaptero
q 1I. Section 8-1 shall be amended to read as fo~lows:
8 Section 8.•=.1. 5everabilit Clause - It is hereby declared
9 to be the ~ntention of the Board of the District ~ha~ the
10 sections, paragraphs, sentences, clauses and phrases o~ these
11 regulations are severable, and if any phrase, clause, sentence,
12 paragraph or sec~ion of tnese regulations sha11 be declared
13 unconstitutional by ~h e valid judgment or decree of a court of
14 competent jurisdiction, such unconstitutionality shall not affect
15 any of the remaining phrases, clauses, sentences, paragraphs and
16 sections of these regu~a~ions,
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