RESOLUTION 2010-11 BEFORETHE BOARD OF DIRECTORS OF THE BUTTE COUNTYAIR QUALITY MANAGEMENT DISTRICT STATE OF CALIFORNIA ADOPTING AMENDMENTS TO RULE 300, OPEN BURNING REQUIREMENTS, PROHIBITIONS AND EXEMPTIONS, AND REPEALING RULES 301 THROUGH 309 Resolution 2010-11
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.. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0o ) AdoptAmendments to Rule 300
0 0 0 0 0 0 00 0 0 0 0 0. 00 0 0 0 0 0 0) Repeal Rules 301 through 309

.......... ............0) WHEREAS, the Butte County Air Quality Management District Board obtains its authority to adopt, amend, or repeal Rules and regulations from California Health and Safety Code Sections 40000, 40001, and 40702; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the adoption of the proposed amendments to Rule 300 are necessary to implement the statutory requirements of California Health and Safety Code Section 41804 for open burning forfire hazard reduction and for land clearing for residential and commercial development; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the adoption of the proposed amendment and recodification of Regulation Ill into a single unified rule are necessary to implement the statutory requirements of California Health and Safety Code Section 41800- 41809 for nonagricultural open burning; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the adoption of the proposed amendment and recodification of Regulation Ill into a single unified rule are necessary to implement the statutory requirements of California Health and Safety Code Section 41850- 41865 for agricultural open burning; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the adoption ofthe proposed amendments to Rule 300 are necessary to implement the statutory requirements of Senate Bill 656 which required airdistricts to adopt at apublic meeting alistofthe most readily available, feasible, and cost-effective control measures that could be employed to reduce emissions of PM 

### 205 and PM 10 (collectively referred to as PM) from new, existing,and area sources; AND WHEREAS, the Butte County Air Quality Management District Board adopted a list of PM control measures pursuant to SB 656 on August 25, 2005 and which list included performance standards for nonagricultural burning; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the adoption of the proposed recodification of Regulation Ill and amendments to Rule 300 to consolidate the requirements common to all types of open burning (agricultural, non agricultural, and residential) into one equitably enforceable regulation is necessary to ensure that the new regulation is readable, understandable, enforceable, and consistent with State laws and the Sacramento Valley Smoke Management Program;

Resolution 2010-11 (December9,2010)- Page 1AND WHEREAS, the Butte County Air Quality Management District Board has determined that the concurrent repeal of Rules 301 through 309 are necessary to facilitate the recodification of Regulation Ill, Rule 300 into one equitablyenforceable regulation; AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amendments to the Rule are written ordisplayed so that its meaning can easily be understood by the persons directly affected by it (Health and Safety Code Section 40727(b)(3)); AND WHEREAS, the Butte County Air Quality Management District Board has determined that the proposed amendments to the Rule adopted herein are in harmony with, and not in conflict with or contradictory to existing statutes, court decisions, or state or federal regulations (Health and Safety Code Section 40727(b)(4)) and that the regulation does not impose the same requirements as an existing state or federal regulation (Health and Safety Code Section 40727(b)(5)); AND WHEREAS, the Butte County Air Quality Management District Board conducted public hearings on April 22, 2010, June 24, 2010 and September 23, 2010, and in order to allow for consideration of public comment and comments from the Board regarding the proposed amendments, with the September 23, 2010 hearing continued to the December 9, 2010 public hearing, concerning the final proposed amendments and recodification herein; AND WHEREAS, the Staff Reports and comments received at the previous hearings are referenced herein as arecord ofthese procedings; AND WHEREAS, the District staff has made notice of the public hearings to adopt amendments to these Rules, held public workshop meetings, and received comments as included in the staff report, which are included herein as arecord ofthose proceedings; THEREFORE, BE IT RESOLVED, that the Butte County Air Quality Management District Board hereby repeals, with an effective date of March 1, 2011, rules 301, 302, 303, 304, 305,306, 307, 308, and 309 as proposed in the February 19, 2010 Staff Report; and, THEREFORE, BE IT FURTHER RESOLVED, that the Butte County Air Quality Management District Board hereby adopts, with an effective date of March 1, 2011, proposed amendments to Rule 300, Open Burning Requirements,**Prohibitions~** andExemptions as proposed in the Addendum to the Staff Report released on August 23, 2010, including non-substantive amendments as identified in the Board Report released on December2, 2010 and including Option 1for Section 11.4, Additional Requirements for the Magalia/Upper Ridge Area; and Option 1for Section 11.5, Additional Requirements forthe Chico Sphere of Influence. On Motion of by Supervisor Dolan, Seconded by Councilmember White, the foregoing resolution is hereby PASSED AND ADOPTED BY THE Air Quality Management District Board of Directors on this 9thday of December 2010 bythefollowing :

Resolution 2010-11 (December9, 2010)- Page 2AYES:
NOES: ABSTAIN : Supervisor Kirk,Supervisor Dolan, SupervisorConnelly,Supervisor Lambert,Supervisor Yamaguchi,CouncilmemberThompson, MayorSchwab,Mayor Fichter,Vice MayorJohansson, CouncilmemberWhite
ABSENT: CouncilmemberGruendl

es Wag er, Air Pollution Control Officer Butte CountyAirQuality Management District

I herebyattestthat this is atrue and correct copyoftheaction taken by the B utte County AirQuality Management District B o ard o f Dir ectors on December9,2010

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Resolution 

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