RESOLUTION 2010-11 

BEFORE THE BOARD OF DIRECTORS OF THE 

BUTTE COUNTY AIR 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 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 0 0 o) 

Adopt Amendments 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 for fire 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 of the proposed amendments to Rule 300 are necessary to implement the statutory requirements 

of Senate Bill 656 which required air districts to adopt at a public meeting a list of the 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 (December 9, 201 0)- Page 1 
AND 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 equitably enforceable regulation; 

AND WHEREAS, the Butte County Air Quality Management District Board has determined that the 

proposed amendments to the Rule are written or displayed 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 a record of these 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 a record of those 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~ and Exemptions 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 

December 2, 2010 and including Option 1 for Section 11.4, Additional Requirements for the Magalia/Upper 

Ridge Area; and Option 1 for Section 11.5, Additional Requirements for the 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 9th day of 

December 2010 by the following : 

Resolution 2010-11 (December 9, 201 0)- Page 2 
AYES: 

NOES: 

ABSTAIN: 

Supervisor Kirk, Supervisor Dolan, Supervisor Connelly, Supervisor Lambert, Supervisor 

Yamaguchi, Councilmember Thompson, Mayor Schwab, Mayor Fichter, Vice Mayor Johansson, 

Councilmember White 

ABSENT: Councilmember Gruendl 

es Wag er, Air Pollution Control Officer 

Butte County Air Quality Management District 

I hereby attest that this is a true and correct copy of the action taken by 

the Butte County Air Quality Management District Board of Directors on 

December 9, 2010. 

Resolution 2010-11 (December 9, 201 0) -Page 3