February 9 , 201 2

Placer County APCD 30 4

- 1 Rules and Regulations 

### RULE 304 LAND DEVELOPMENT BURNING SMOKE MANAGEMENT

Adopted 02

- 10

- 1 1

(Amended 02

- 09

- 12)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

200 DEFINITIONS

201 CONSTRUCTION

- DEMOLITION DEBRIS

202 DISALLOWED COMBUSTIBLES

20 3 LAND DEVELOPMENT BURNING

20 4 NO

- BURN DAY

20 5 SEASONAL OUTDOOR BURN SUSPENSION

300 STANDARDS

301 AUTHORIZATION TO BURN

302 PROHIBITIONS ON OPEN BURNING

303 ALLOWABLE COMBUSTIBLES

30 4 BURN PERMITS

30 5 BURN PERMIT VALIDITY

30 6 BURN DAYS

30 7 VEGETATION PREPARATION AND DRYING TIMES

30 8 APPROVED IGNITION DEVICES

30 9 WIND DIRECTION

3 1 0 DETERMINATION OF AMOUNT BURNED DAILY

311 INSPECTION REQUIRED PRIOR TO BURNING

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT REVIEW

402 BURN PERMIT APPLICATION INFORMATION

40 3 REVOCATION OF A BURN PERMIT

40 4 BURN PERMIT FEES

500 MONITORING AND RECORDS (None)February 9 , 201 2

Rules and Regulations 30 4

- 2 Placer County APCD This Page Intentionally Left BlankFebruary 9 , 201 2

Placer County APCD 30 4

- 3 Rules and Regulations 100 GENERAL

101 PURPOSE: To establish standards and administrative requirements under which land

development burning, may occur in a reasonably regulated manner that manages the

generation of smoke and reduces the emission of particulates and other air contaminates

from such burning

.

102 APPLICABILITY: The provisions of this rule shall apply to all residential or commercial

land development burning located in Placer County except where otherwise prohibited by

a local jurisdiction.

103 EXEMPTIONS

103.1 Rule Exemptions

103.1.1 Burning conducted pursuant to Rule 301

, NONAGRICULTURAL

BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.2 Burning conducted pursu ant to Rule 302

, AGRICULTURAL WASTE

BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.3 Burning conducted pursuant to Rule 303

, PRESCRIBED BURNING

SMOKE MANAGEMENT is exempt from this Rule.

103.1.4 Burning conducted pursuant to Rule 305

, RESIDENTIAL ALLOWABLE

BURNING is exempt from this Rule.

103.1.5 Burning conducted pursuant to Rule 306

, OPEN BURNING OF

NONINDUSTRIAL WOOD WASTE AT DESIGNATED DISPOSAL SITES

is exempt from this Rule.

200 DEFINITIONS: (Unless otherwise defined below, the terms used in this R ule are as defined in

Rule 102, DEFINITIONS or Rule 301

, NONAGRICULTURAL BURNING SMOKE

MANAGEMENT .)

201 CONSTRUCTION

- DEMOLITION DEBRIS: Any material associated with the

construction or demolition of any building, dwelling, or other man

- made structures,

including but not limited to lumber, tar paper, roofing material, wiring, flooring material,

insulation, and plywood.

202 DISALLOWED COMBUSTIBLES: A ny waste or manufactured material, including but

not limited to petroleum products and petroleum wastes; construction and demolition

debris; coated wire; putrescible (rotten wastes) and non

- putrescible solid, semisolid and

liquid materials or wastes; tires ; tar; tarpaper; non

- natural wood waste; processed or

treated wood and wood products; metals; motor vehicle bodies and parts; rubber;

synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage;

trash; refuse; rubbish; disp osable diapers; ashes; glass; industrial wastes; manufactured

products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or

paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal;

manure; huma n or animal parts or wastes, including blood; and fecal

- and food

contaminated material.

20 3 LAND DEVELOPMENT BURNING: The use of open outdoor fires for the disposal of

vegetation grown on property being developed for commercial or residential purposes

.

20 4 NO

- BURN DAY : Any day on which agricultural burning, including prescribed burning, is

prohibited by the ARB or the APCO.February 9 , 201 2

Rules and Regulations 30 4

- 4 Placer County APCD 20 5 SEASONAL OUTDOOR BURN SUSPENSION : A suspension by fire agencies o f open

burning activit i es typically beg ins on July 1 st of each year (or sooner) and extending

through the fire season until lifted by those fire agencies in the fall.

300 STANDARDS

301 AUTHORIZATION TO BURN: Pursuant to Section 41802 of the California Health and

Safety Code, this Rule authorizes land development burning

.

302 PROHIBITIONS ON OPEN BURNING: Except as provided in Regulation 3, no person

shall use an open outdoor fire (including the use of a bu rn barrel) for the purpose of

disposal or burning of any disallow ed combustibles.

303 ALLOWABLE COMBUSTIBLES: The only allowable combustibles that can be burned is

vegetation originating on the premises and reasonably free of dirt, soil, and visible

surf ace moisture

. The burning of poison oak ( toxicodendron diversilobum ) or oleander

( nerium oleander ) may be subject to additional permit conditions under Section 304.

304 BURN PERMITS

304.1 A person shall not ignite or allow open outdoor burning, pursuant to this Rule,

without first obtaining a valid burn permit from the District.

304.2 A separate burn permit may also be required from the fire protection agency that

has jurisdiction in the area of the proposed burn project

.

304.3 No permit shall be issued for land development burning , except for vegetation

removed for residential development purposes from the property of a single or

two family dwelling or when the burn permit applicant has provided a

demonstrat ion in Section 400 that there is no prac tical alternative to burning and

the APCO has determined that the demonstration has been made

. The APCO

may weigh the relative impacts of burning on air quality in requiring a more

persuasive demonstration for more densely populated regions for a large

pro posed burn versus a smaller one.

304.4 The APCO may add additional specific burn permit conditions for the burning of

poison oak ( toxicodendron diversilobum ) or oleander ( nerium oleander ).

305 BURN PERMIT VALIDITY: No burn permit shall be construed to authorize open outdoor

fires for any day during which:

305.1 It is a no

- burn day

.

305.2 Open burning is prohibited by a fire protection agency for fire control or

prevention.

306 BURN DAYS : No person shall knowingly ignite, or allow ignition of allowab le

combustibles on days when it is :

306.1 A no burn day

, or

306.2 W hen it is prohibit ed by a fire protection agency including

, during the seasonal

outdoor burn suspension , or

306. 3 Those days d uring the ozone season (May

– October) when there is a potential

for a violation of the National Ambient Air Quality Standards (NAAQS)

.February 9 , 201 2

Placer County APCD 30 4

- 5 Rules and Regulations 307 VEGETATION PREPARATION AND DRYING TIMES: To assure rapid and complete

combustion with a minimum of smoke, and to lower the moisture content of the

vegetation being burne d, (from when the vegetation was cut and is to be burned), the

following are drying times

.

307.1 No vegetation shall be burned unless it is reasonably free of disallow ed

combustibles, dirt, soil, and surface moisture and shall be burned in a manner to

prevent excessive smoke. Excessive smoke is that which causes a nuisance.

307.2 Vegetation should be windrowed if economically and technically feasible.

307.3 Vegetation s tacked for burning shall not be burned unless it is stacked in such a

manner to promote drying and e nsure combustion with a minimum amount of

smoke.

307. 4 A minimum of 15 days of drying time for fine prunings or cuttings less than 3

inches in diameter

, at the cut end.

307. 5 A minimum of three to six weeks of drying time for prunings or brush or small

branches 3 to 6 inches in diameter

, at the cut end.

307. 6 A minimum of six weeks of drying time for trees, stumps and large branches

greater than 6 inches in diameter

, at the cut end.

307. 7 Vegetation or s tumps

, greater than 12 inches in diameter

, shall not be burn ed

unless they are split smaller than 12 inches in diameter and are free of dirt.

308 APPROVED IGNITION DEVICES: All open outdoor fires as authorized by this regulation

shall be ignited only with approved ignition devices . T he vegetation to be burned should

be ignited as rapidly as practicable within applicable fire control restrictions.

309 WIND DIRECTION: Burning shall be curtailed when s moke is drifting into a nearby

populated are a or when it is or may become a nuisance or hazard.

310 DETERMINATION OF AMOUNT BURNED DAILY: Only that amount of vegetation that

can be reasonably expected to burn completely within 24 hours of ignition

.

311 INSPECTION REQUIRED PRIOR TO BURNING: Prior to burning pursuant to an issued

burn permit a n inspection is required to assess compliance with Section 300 Standards

and Section 400 Administrative Requirements, and any non

- compliance shall be

remedied, incl uding the removal of all disallowed combustibles, and the corrections

verified, before burning can proceed.

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT REVIEW: The A PCO or staff shall review and sign all burn permits prior

to the authorization of burning.

402 BURN PERMIT APPLICATION INFORMATION

402.1 A demonstration that there is no practical alternative that can be used in lieu of

burning to dispose of the vegetation. In addition to other information provided in

the application, the demonstratio n shall include a discussion of the availability

and feasibility of the alternatives to open burning , including implementation costs;

efforts made to reduce the quantity of material to be burned; the impact of

burning upon air quality conditions ; and such other factors that warrant inclusion

such as weather con siderations , topography, and hazardous fire conditions

.February 9 , 201 2

Rules and Regulations 30 4

- 6 Placer County APCD 402. 2 Type of burning;

402. 3 Name and/or Business Name and address of the permittee;

402. 4 Location of the proposed burn;

402. 5 D istance from the proposed burn to the nearest neighboring home or structure ;

402. 6 The type of vegetation to be burned;

402. 7 Acreage or estimated tonnage or size of pile of the vegetation to be burned;

402. 8 Reason for burning;

402. 9 Applicant’s signature with date signed. The applicant signing the permit shall

read and attest to the accuracy of the information provided.

402. 10 Each permit issued shall bear a statement of warning containing the following

words or words of like or similar import: "THIS BURN PERMIT IS VALID ONLY

FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES BOARD DOES

NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO SECTION 41855

OF THE HEALTH AND SAFETY CODE."

402.1 1 When burning t he applicant or representative shall have the burn permit available

for inspection at the burn site.

40 3 REVOCATION OF A BURN PERMIT: The APCO, or his/her designee, may revoke a

burn permit if it is found that the burn permit conditions, any s tate or f ederal laws, or the

provisions of this Rule have bee n violated. The designated agency or the APCO shall

notify the burn permit holder in writing of the revocation and the reasons therefore,

service of the notification of revocation may be by personal delivery or certified mail. In

the case of service by mai l, service shall be deemed complete at the time of deposit of

the notification in the United States P ost O ffice, or a mail box, sub

- P ost O ffice,

substation, or mail chute, or other like facility.

40 3 .1 Within ten days after service of notice of revocation specified in Section 40 3

above, the burn permit holder may petition the Hearing Board in writing for a

public hearing. The Hearing Board, after notice and a public hearing held within

30 days after filing the petition, may sustain or reverse the decision of the A PCO

or the designated agency.

40 4 BURN PERMIT FEES: Burn permits are valid only following receipt of fees specified in

Rule 607, B URN P ERMIT F EES

.

500 MONITORING AND RECORDS (None)