n\_FEATHERRIVERAIRQUALITYMANAGEMENTDISTRICTINRE:((RESOLUTIONNO2008-09RESOLUTIONAMENDING(REGULATIONII,RULE2.0-OPENBURNING-2WHEREAS,CaliforniaHealthandSafetyCodesections40000,40001,and40702authorizetheFeatherRiverAirQualityManagementDistricttoadopttheseproposedrulesandregulations;andWHEREAS,adulynoticedpublichearingwasheldonOctober6,2008toconsideramendingRegulationII,OpenBurning;WHEREAS,staffhaspreparedawrittenanalysisoftheproposedamendments,pursuanttoHealthandSafetyCodesection40727.2,andhasmaintainedarecordoftherulemakingproceedingpursuanttoHealthandSafetyCodesection40728;andWHEREAS,thereisnoindicationatthistimethatRegulationII,Rule2.0iswritteninsuchamannerthatthepersonsaffectedbyitcouldnoteasilyunderstandit;andWHEREAS,theproposedRegulationII,Rule2.0isinharmonywith,andnotinconflictwithorcontradictoryto,existingstatutes,courtdecisions,orStateorfederalregulationsandanyduplicationwithexistingstateorfederalregulationsisnecessaryorpropertoexecutethepowersanddutiesoftheFeatherRiverAirQualityManagementDistrict;andWHEREAS,theDistrictBoardhasmadetherequiredfindingsofauthority,necessity,clarity,consistency,non-duplication,andreference;NOW,THEREFORE,THEFOLLOWINGFINDINGSHAVEBEENMADE:A.CaliforniaHealthandSafetyCodesections40000,40001,and40702areprovisionsoflawthatprovideairdistrictswiththeauthoritytoadopttheseproposedrulesandregulations.B.IthasbeendemonstratedtothesatisfactionoftheFeatherRiverAirQualityManagementDistrictBoardthataneedexiststoamendRegulationII,asitisnecessarytocomplywithstatelawandtoensureconsistencywithneighboringairdistricts.C.IthasbeendemonstratedtothesatisfactionoftheFeatherRiverAirQualityManagementDistrictBoardthatthereisnoindicationatthistimethatRegulationIIiswritteninsuchamannerthatthepersonsaffectedbyitcouldnoteasilyunderstandit.-0D.IthasbeendemonstratedtothesatisfactionoftheFeatherRiverAirQualityManagementDistrictBoardthattheamendmentstoRegulationIIareinharmonywith,andnotinconflictwithorcontradictoryto,existingstatutes,courtdecisions,orStateorfederalregulations.E.AnyduplicationwithexistingstateorfederalregulationsisnecessaryorpropertoexecutethepowersanddutiesoftheFeatherRiverAirQualityManagementDistrict.F.Thisresolutionandregulationcontainedhereinwereadoptedafterproceedingsheldinaccordancewithprovisionsofchapters6and6.5ofpart3ofdivision26oftheCaliforniaHealthandSafetyCode(commencingwithsection40700).G.DistrictstaffhaspreparedawrittenanalysisoftheproposedamendmentsofRegulationII,OpenBurning,pursuanttoHealthandSafetyCodesection40727.2,andhasmaintainedarecordoftherulemakingproceedingpursuanttoHealthandSafetyCodesection40728.H.TheproposedamendmentstoRegulationIIarecategoricallyexemptunderClass8fromtheCaliforniaEnvironmentalQualityAct(CEQA)pursuanttoCEQAGuidelinessections15061(b)(2)and15308becausetheyareactiontakenbyaregulatoryagencytoassurethemaintenance,restoration,enhancement,orprotectionoftheenvironmentandapplicationoftheexemptionisnotbarredbyoneoftheexceptionssetforthintheCEQAguidelinessection15300.2.PASSEDANDADOPTEDbytheFeatherRiverAirQualityManagementDistrictatameetingonOctober6,2008,bythefollowingvote:AYES:DirectorsGriego,Schrader,Montna,Silva,Eortino,Selvidge,Pendergraph·NOES:NoneABSENT:DirectorsMungerandRamirezABSTAIN:NoneATTESTOFZTBOARD*/·APPROVEDFORLEGALFORMDistrictLegalAdvisorExhibit

. A District Regulation

II, Rule 2.0

- Open Burning(''EGULATIONII-OPENRule2.0OPENBURNING(Adopted01/89,Amended3/1/04,10/6/08)A.PURPOSEA.1ThepurposeofthisruleistoensureopenburningintheDistrictisconductedinamannerthatminimizesemissionsandsmokeandismanagedconsistentwithstateandfederallaw.8.APPLICABILITY8.1Theprovisionsofthisruleshallapplytoanypersonorlandmanagerconducting,allowing,orusinganyopenburningforthepurposeofdisposalwithinYubaandSutterCounties.B.2Theprovisionsofthisruleshallapplytoanyopenburningincludingbutnotlimitedto:(a)agriculturalburning(b)non-agriculturalburningsuchaslanduseconversionfornonagriculturalpurposes,fireprevention/suppressiontraining,anddisposalofRussianThistle(Salsolakalior"tumbleweed")(c)disposalofinfectiouswastes,otherthanhospitalwastes(d)disposalofcontraband(e)residentialburning8.3TheprovisionsofthisruleshallnotapplytoopenburningforthepurposesofcookingfoodforhumanconsumptionorrecreationalfiresprovidingthattherearenoprohibitedmaterialsasdefinedinSectionE.15.C•SEVERABILITYC.1Ifanysection,subsection,sentence,clause,phrase,orportionofthisruleis,foranyreason,heldinvalid,unconstitutional,orunenforceablebyanycourtofcompetentjurisdiction,suchportionshallbedeemedasaseparate,distinct,andindependentprovision,andsuchholdingshallnotaffectthevalidityoftheremainingportionsthereof.D.EFFECTIVEDATE0.1Theprovisionsofthisruleshallbeeffectiveonthedateofadoption.E.DEFINITIONSE.1AgriculturalBurningmeans:(a)openoutdoorfiresusedinagriculturaloperationsinthegrowingofcropsorraisingoffowloranimals,includingburningemptypapercontainersofagriculturalchemicals,oropenoutdoorfiresusedinforestmanagement,rangeimprovement,ortheimprovementoflandforwildlifeandgamehabitat,ordiseaseorpestprevention.(b)openoutdoorfiresusedintheoperationormaintenanceofasystemforthedeliveryofwaterforthepurposesspecifiedinsubdivision(a).(c)openoutdoorfiresusedinwildlandvegetationmanagementburning.Wildlandvegetationmanagementburningistheuseofprescribedburningconductedbyapublicagency,orthroughacooperativeagreementorcontractinvolvingaPage1of12(' tEGULATION

II- OPEN **BURNING ~**  public agency,
to burn land predominantly covered with chaparral, trees, grass, or standing brush. Prescribed burning
is the planned application

of fire to vegetation to achieve any specific objective

on lands selected

in advance
of that application.
The planned application

of fire may also include natural
or accidental ignition

. E.2 Approved Ignition Devices means an instrument

or materials that will ignite open fires without the production

of black smoke as approved by the Air Pollution Control Officer (APCO)

. This would include such items as liquid petroleum gas, butane,
or diesel oil burners, flares,
or other similar materials. This does not include waste products

or fuels, tires, tar, tar paper, oil and other similar materials. E.3 Burn Barrel means

a container used to hold combustible

or flammable waste materials

so that they can be ignited outdoors for the purpose of disposal. E.4 District means the Feather River Air Quality Management District having jurisdiction over Yuba and Sutter Counties. E.S Fire Protection Agency means any agency with the responsibility

and authority

to protect people, property, and the environment from fire, and having jurisdiction within

a district

or region. E.6 Incinerator means any device constructed

of nonflammable materials, including containers commonly known as burn barrels, for the purpose of burning therein trash, debris, and other flammable materials for volume reduction

or destruction. E.7 E.8 E.9 E

. lO E.ll Land Manager means any federal, state, local, or private entity or person that administers, directs, oversees,

or controls the use of public or private land, including the application

of fire to the land. No-Burn Day means any day, or portion thereof, designated

by the Air Pollution Control Officer, the California Air Resources Board, or,

a local, state or federal fire protection agency having jurisdiction over the burn location,

as
a day, or portion thereof, during which no fires may be ignited
or no material may be added to an approved existing fire except
as authorized

in Section J.6. Non-Agricultural Burning,

as regulated under the Cal

, ifornia Health and Safety Code, means all open burning set pursuant

to sections

K and
L of this rule including, but not limited to, fires set by
a public officer
or public entity, for commercial

or residential property development, fires set at
a solid waste disposal site, and for the disposal

of Russian Thistle. Open Burning means combustion

of any material

of any type, outdoors in the open air, where the product
of combustion

is not directed through

a flue. Orchard
or Citrus Grove Heaters means any approved article, machine, or equipment, burning any approved type of fuel or material capable of emitting air contaminants, used for the purpose
of giving Page

2 of 12E.12 E .13 E.14 E.15 E .16 E.17 E.18 E. 19

( lEGULA TION

II - OPEN BURNING ,..---.._! protection

to crops from frost damage under the provisions

of section G.10. Paper Containers

of Agricultural Chemicals means sacks or other receptacles that are predominately

of paper and manufactured

to contain pesticides, fertilizer,

or toxic chemicals,
and emptied and used in the field for purposes intimately associated with the growing and harvesting

of crops. Permissive Burn Day or Burn Day means any day, or portion thereof, on which allowable burning
is not prohibited

by the District, the California Air Resources Board or any local, state or federal fire protection agency having jurisdiction over the proposed burn location and is authorized

by the District

in accordance with the Smoke Management Program for Agricultural
and Prescribed Burning,

as set forth in Title
17 of the California Code of Regulations. Person means any person, firm, association, organization, partnership, business trust, corporation, Limited Liability Company, company, state or local government agency, public district,

or any officer
or employee thereof, and the United States
or its agencies, to the extent authorized

by federal law. Prohibited Materials means any waste or manufactured material, including but not limited
to petroleum products and petroleum wastes; construction
and demolition wastes; lumber; tar paper; roofing material; wiring; flooring material; insulation; plywood; coated wire; putrescible wastes; tires; tar; wood waste; processed or treated wood **products~** metals; motor vehicle bodies
or parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; Styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; equipment; appliances; furniture; instruments; utensils; mattresses; shoes; cloth; rags; paper and paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass
of any dead animal; manure; human or animal parts or wastes, including blood and fecal matter or food contaminated material;

or any other non-vegetative material that when burned may discharge air contaminants that may cause

a health risk to any person. Pruning Only Burn Day in accordance with the Sacramento

Va lley Smoke Management Program means any day, or portion thereof, designated

by the California Air Resources Board or the District

as
a day, or portion thereof, during which small fires for the purpose
of disposing orchard prunings may be ignited. Range Improvement Burning means the use of open fires to remove vegetation
for wild life, game or livestock habitat,

or for the initial establishment

of an agricultural practice

on previously uncultivated land. Residential means of or pertaining

to dwellings occupied
by one or two families. Restricted field days in accordance with the Sacramento Valley Smoke Management Program means any day, or portion thereof, designated

by the California Air Resources Board or the District,

as
a day, or portion thereof, during which small amounts
of ditches, field Page

3 of 12E.20 E.21 E.22

(' tEGULA TION

II
- OPEN BURNING

) stubble
or spot burning will be permitted

if such burning will not adversely affect downwind air quality

. Smoke Management Burn Plan means an operational plan for managing

a specific fire to achieve resource benefits and specific management objectives.
The document shall be prepared for each fire by land managers

to provide information
and procedures required
by the District,

in accordance with the Sacramento Valley Smoke Management Program,

to minimize smoke impacts
of the proposed burn project. Wildland means any area where development

is generally limited
to roads, power lines, and widely scattered structures. Such land is not

- cultivated (i.e., the soil is disturbed less frequently than once in 10 years),
is not fallow, and is not in the United States Department

of Agriculture (USDA) Conservation Reserve Program. The land may be neglected altogether

or managed for such purposes

as wood or forage production, wildlife, recreation, wetlands,

or protective plant cover. (a) For CDF territory only, Wildland

as specified

in California Public Resources Code (PRC) section 4464(a) means any land that is classified

as
a state responsibility
area pursuant

to Article

3 (commencing with Section 4125) of Chapter

1, Part

2 of Division

4 and includes any such land having

a plant cover consisting principally

of grasses, forbs, or shrubs that are valuable for forage

. (b) Wildland also means any lands that are contiguous

to lands classified

as
a state responsibility
area if wildland fuel accumulation

is such that

a wildland fire occurring

on these lands would pose

a threat to the adjacent state responsibility area. Wildland Vegetation Management Burning
is the use of prescribed burning conducted

by
a public agency,
or through

a cooperative agreement

or contract involving

a public agency,
to burn land predominantly covered with chaparral, trees, grass, or standing brush. F. GENERAL PROHIBITIONS F.l Except
as provided

in these Rules and Regulations,

no person or land manager shall conduct, allow, or use open fires for the purpose
of disposal

of any waste or other material. F.2

In accordance with Health

& Safety Code section 41700, no person shall discharge from any source air contaminants which cause injury, detriment, nuisance,

or annoyance

to any considerable number of persons
or to the public,
or which endanger the comfort, repose, health,
or safety of any such persons
or the public

, or which cause, or have

a tendency
to cause injury or damage
to business

or property. (a) This section shall not apply to odors emanating from agricultural operations necessary for the growing
of crops or· the raising
of fowl or ·animals

. F.3 Any open burning that is in
v iolation
of these Rules and Regulations is subject
to being put out by any fire control agency when so ordered
by the APCO. The cost of putting out the fire may be Page

4 of

1 2(' tEGULA TION

II
- OPEN BURNING

) charged
to the person, persons, business, firm or corporation responsible
for the fire. (a) This provision

is in addition

to any other penalties that are authorized

by Section 42400 through 42404 of the California Health and Safety Code and provisions

of these Rules and Regulations. G. EXEMPTIONS: Nothing
in these rules shall be construed

to prohibit: G.1 Agricultural Burning: Burning for the disposal
of agricultural waste authorized pursuant

to Section

J "Agricultural Burning". G.2 Public Officer: Burning operations conducted

by or permitted

by any public officer authorized pursuant

to section K.1 "Public Officer". G.3 Industrial Training: Burning operations

on property used for industrial purposes for the purposes

of instruction

of employees

in methods
of fire fighting pursuant

to Section K.2 "Industrial Site Fire Training". G.4 Right-of-Way Clearing: Burning
by
a public entity or utility for right-of-way clearing

or
o ther property access,
or for levee, reservoir, ditch or drainage maintenance authorized pursuant

to Section

K

. S "Right of Way, Levee, Reservoir,
and Ditch Clearing". G.S Residential Burning: Burning for the disposal
of vegetative material waste authorized pursuant

to Section

L "Residential Burning''. G.6 Backfires

: Burning operations conducted following Section 4426 of the Public Resources Code as

· backfires necessary

to save life or valuable property. G.7 Recreational: Open outdoor fires used for cooking food for human consumption

or for recreational purposes providing the fire does not contain prohibited materials

as defined
in section E.13 "Prohibited Materials". G.8 Pesticide Application: Open burning for the purposes

of creating

a smoke column during
pe st

i c ide applications

as required
by se c tion 6464 (a) of the California Code of Regulations. (a) Section 41701

o f the Health

& Safety Code shall not apply to smoke generated for this purpose. G.9 Animal Husbandry: Fires used in heating branding irons as necessary in animal husbandry practices providing the fire does not contain prohibited materials

as defined
in section E.15 "Prohibited Materials". G.10 Frost Protection for Orchards and Citrus Groves: Heaters are authorized under California Health

& Safety Code Section 41860 when used for preventing frost damage in orchards and citrus groves. The **follo**

**wi ~g**  applies
to heaters
**i~** orchards and citrus gr6ves
to pre
v ent frost damage. (a)

No new orchard
or citrus grove heater shall be sold for use against frost damage unless the California Air Resources Board has approved

it and finds it produces
no Page

5 of 12**(" ~GULA**  TION

II - OPEN **BURNING ~**  more than

1 gram per minute
of unconsumed solid carbonaceous material. (b)

No person shall use any orchard
or citrus grove heater unless the California Air Resources Board has approved it. (c) Open fires in orchards

or citrus groves for the purposes of frost protection
are prohibited. (d) The use of rubber tires or any rubber products

in any combustion process
in connection with any orchard
or citrus grove heating
is prohibited. H. OPEN BURNING PERMITS H.1 Permit Required:

No person shall ignite any open fire, conduct, perform
or participate

in any open burning activity,

or allow the open burning activity
on any property under the person's possession without first obtaining

a valid burn permit issued by the APCO and follows the conditions specified

oti the permit and these rules and regulations. (a) Each applicant for

a burn permit shall provide such information

as is required
by the District
or the designated fire protection agency for fire protection purposes. (b) Fees for permitting shall be recovered

in accordance with District Regulation VII. H.2 Exemptions

to Permit Requirements.

The following are exempt from

a District permit until proper public notice to remove the exemption is filed. Other permitting requirements from the fire protection services may be required

. (a) Open outdoor fires used for cooking food for human consumption

or for recreational purposes. (b) Open burning
of vegetation

at one- or two-family residences

on parcels less than two acres in size, provided that the requirements

of section

L "Residential Burning" and the requirements

of fire protection services are both met. I. GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES I.l Compliance:

No person shall ignite any open fire, conduct, perform or participate

in any open burning activity,
or, allow the open burning activity

on any property under the person or land manager's responsibility,

in violation

of any State law, Statute, District Rule or Regulation,

or burn permit issued by the APCO pursuant

to these Rules and Regulations.
Any open burning which is not in full and complete compliance with the provisions

of these Rules and Regulations

is in violation

of these Rules and Regulations. I.2 Fire Control: All fires shall be reasonably controlled
and contained so that the fire does not escape. I.3 Suspension

of Burning Privilege:
The APCO may suspend all burn privileges
for any person or location for any violation

of this rule. I.4 Fire Protection Agencies: Local fire-protection agencies may have additional burning requirements

for fire safety. Nothing
in these Page

6 of 12('l EGULA TION

II -OPEN BURNING fJ regulations shall be construed

as limiting the power of the fire protection agencies from requiring

or enforcing stricter standards. I

. 5 Ignition Devices: All open fires shall be ignited with an approved ignition device. I.6 Smoke Minimization:

All vegetative wastes to be burned shall be reasonably free of dirt, soil, visible surface moisture and moisture content
to minimize smoke. (a)
To lower the moisture content
of vegetative waste, the elapsed time between cutting, felling
or uprooting and ignition

or burning shall be: (1) Forty-five (45) days for trees and large branches

6" in diameter
or greater. (2) Thirty (30) days for prunings and small branches

3" to less than 6" diameter. (3) Fifteen (15) days for fine prunings

0" to less than 3" diameter. (b) All burnable waste shall be arranged

so that it will ignite
as rapidly
as practicable within applicable fire control restrictions
and burn with

a minimum amount of smoke. (c) Tree stumps shall not be burned
in place. I.7 Prohibited Materials: All open fires shall be free of prohibited materials

as **~pecified**

in section E.15 "Prohibited Materials". I.8 Designated Burn Hours: Only that amount of waste that can reasonably be expected

to completely burn within the burn hours shall be ignited
on any one (l) day. (a) Dry trees, uprooted stumps and branches greater than si x (6) inches in diameter may be ignited even though they cannot reasonably

be expected

to completely burn within the burn hours after approval from the APCO. I.9 Wind Direction: Burning shall not be ignited when the wind direction is such that smoke from the

' burning
of such waste would be blown or carried into

a nearby-populated
area and could create

a public nuisance. I.lO I.ll Burning
of Vines or Bushes Treated with Herbicides: Vines or bushes may be burned in place

w ithout being cut or uprooted

if they are treated and desiccated with herbicides
and allowed
to dry completely prior to ignition

or burning. Transportation

of Burnable Materials:
All vegetative material

to be burned pursuant

to this rule shall be burned on the property where the material was grown.
No material may be transported

to another location

to be burned. J. AGRICULTURAL BURNING J

. l Burn Hours:

A person shall not commence any open burning before or after the burn **hours~** (a) The ARB is authorized

to restrict

or relax the burn hours due to air quality factors. Any restricted hours are enforceable
for the day they are in effect

. Page

7 of 12t.EGULATION

II- OPEN **BURNING ~**  (b) For orchard prunings, burn hours are between 9:00 a.m. and 4:00p.m. (c) Between March

1 and August 31, for all field crops, including rice, ditchbanks, weeds, and levees, burn hours are between 10:00 a.m. and 4:00 p.m. All fires shall be completely
out by 5:00 p.m. (d) Between September

1 and February 28/29, for all field crops, including rice, ditchbanks, weeds, and levees burn hours are between 10:00 a.m. and 3:00 p.m. All fires shall be completely
out by 4:00p.m. J.2 Burn Acres: no fire shall be lit that may cause an exceedance

of the Districts Daily Burn allocation

as specified

in the Sacramento Valley Air Basin Smoke Management Program. J.3 Prohibited Materials: Agricultural open fires shall be free of prohibited materials

as specified

in Section E.l5, "Prohibited Materials". J.4 Paper Containers

of Agricultural Chemicals: The open burning
of paper containers

of agricultural chemicals must be conducted

in accordance with California Environmental Protection Agency's Department

of Pesticide Regulations Guidelines
for Emptying and Burning
of Pesticide Bags,

· Chapter

13 General Policy Guidelines,
Bag Disposal. Burning shall be conducted

at the site of application under the conditions

of an agricultural burn permit issued
to the grower or applicator,

in accordance with proper disposal guidelines specified

on the packaging and downwind from any person or susceptible crops.
In addition, only one day's accumulation

of empty bags can be burned
in any one day. Only paper bags, inner bags, and paper outer containers may be burned. The ash does not need to be tested.

A commercial applicator, either ground or aerial, can burn properly emptied pesticide sacks where the bags are opened and emptied
at the application site and under the agricultural burn permit issued to the grower
or applicator.
The person burning the bags and anyone working
in close proximity must wear eye protection and respiratory protective equipment rated for protection against the particular type of pesticide material being burned,
as well as airborne particulates. J

. 5 Field Crop Burn Limitation:

No crop acreage which was harvested prior to September

10 shall be burned during the period October

1 through November

15 of each year unless written authority

is given by the District. J.6 Permit Invalidation

on No-Burn Days:

A burning permit shall not be valid on
a No-Burn

Da y and

a person shall not set or permit burning on
a No-Burn Day. (a)
If
a permissible burn day is subsequently changed
to
a NoBurn day, any previously approved fire ignited during the permissible portion
of the day may continue

to burn providing that no additional material

is added. (b) Notwithstanding

any other pro
v ision of this Regulation, the APCO may authorize burning
on days designated

by the State Air Resources Board as No-Burn Days when denial of such authorization would threaten imminent and substantial economic loss or would cause

a public health hazard. Page

8 of 12(' .EGULA TION
II
- OPEN **BURNING ~**  (1) The APCO may only authorize such burning when downwind metropolitan areas are forecast
by the District
to achieve the ambient air quality standards and/or

a fire agency has not declared

a no-burn day due to safety issues. (2} The District shall limit the amount of acreage that can be burned on any one no-burn day in any one county to 200 acres. (3) Within fifteen (15) days of the granting

of an exemption, the applicant shall return

a signed statement that provides the reasons why denial would have caused imminent and substantial economic loss or
a public health hazard

. (4) Any APCO authorization does not exempt the responsible party from any other District

or fire control regulation. J.7 Rice Straw Burning:

In addition

to the general agricultural burning requirements

of this rule, rice straw burning shall be performed

in compliance with the Smoke Management Program and all of the following: (a) All rice harvesters shall employ

a mechanical straw spreader

to insure even distribution

of the straw. Rice straw may be left in rows providing

it meets the following drying time criteria. Drying times are timed after harvest. (1) Rice straw may be burned prior to the drying period specified

if the straw passes the crackle test described

in J.7 (b) "Crackle Test", prior to burning. (2) For spread rice straw

- three (3) day drying time. (3) For rowed rice straw

- ten (10) day drying time. (4) For rice straw harvested with the "stripper headeru

- three (3) days after the first frost found on the field; or three (3) days after mowing and spreading

or chopping straw. (5) After

a rain exceeding
.15 inch (fifteen hundredths

of an inch), rice straw shall not be burned unless the straw passes the crackle test. (b) When testing the straw for moisture, the person responsible
for the fire or his agent shall test

a composite sample in accordance with the Sa c ramento Valley Air Basin Smoke Management Program. (c) Rice stubble
is to be ignited only by strip firing into the wind or by backfiring except where and when extreme fire hazards are declared

to exist by the appropriate fire control agency. (1) The APCO may authorize other lighting techniques

if safety reasons exist or if the crop does not lend itself to the appro

v ed techniques. J.S Wildland Vegetation and Forest Management Burning (a) Wildland vegetation
and forest management burning shall conform
to the Sacramento Valley Air Basin Smoke ·Management Program, **th~** rules and regulations

6f the District and the follo
w ing requirements: (1) Any proposed burn, regardless

of size, which will occur below

a mean elevation

of 1000 feet above sea level shall complete and submit

a Smoke Management Plan on Page

9 of 12(b) (' tEGULA TION

II - OPEN **BURNING ~**  (2) No

· ( 1) forms provided
by the District

at least seven (7) days prior to ignition. Any proposed burn which encompasses

a land area greater than ten (10.0) acres and which occurs
at or above

a mean elevation

of 1000 feet shall complete and submit

a Smoke Management Plan on forms provided
by the District at least seven (7) days prior to ignition. burning shall be ignited without District approval. The initial "go/no-gou decision

to manage

a naturally ignited fire for resource benefit shall be made in accordance with the Sacramento Valley Air Basin Smoke Management Program. J.9 Air Resources Board Advance Permissive-Burn Forecast: Upon request from

a permittee through the District, seven (7) days in advance
of a specific range improvement burn, forest management burn, or wild land vegetation management burn,

a permissive-burn

or no-burn forecast will be issued by the state board up to 48 hours prior to the date of the scheduled burn. Without further request,

a daily forecast will continue
to be issued until

a permissive-burn forecast is issued. (a)

A permissive-burn

or no-burn advisory outlook will be available

up to 72 hours in advance
of burns. K. NON-AGRICULTURAL BURNING K.l Public Officer: Fires set or permitted

by any public officer
if such fire is set or permission given in the performance

of the official duty of such officer, and such fire in the opinion
of the officer
is necessary for the purposes specified

in the California Health and Safety Code: (a) For the purpose
of the prevention

of
a fire hazard which cannot be abated by any other means. (b) For the instruction

of public employees

in the methods
of fire fighting. (1) Burning
of any structure shall be conducted

in accordance with NESHAP requirements
and ARB guidelines. The structure

to be burned shall be certified free of asbestos. (2)

A District permit
is required for any field training burn greater than twenty

( 2 0) acr
e s. (3) The public officer shall notify the District

48 hours before any burn conducted for the purposes

of training. (c) For the purpose
of disease
or pest control and prevention where there is an immediate need for and no reasonable alternative

to burning,

as determined

by the APCO. (1) Burning operations
for disease
or pest control shall notify the District

in writing

. K

. 2 Industrial Site Fire Training: Permits are required for industrial site employee instruction

in fire fighting methods. (a) Materials

to be burned shall be certified free of asbestos. Laboratory results
of the asbestos testing shall be submitted

t o the APCO at least ten (10) days before burning. K .3 Land Clearing: Open burning
of natural vegetation

on land being de v eloped for industrial

or commercial purposes shall be prohibited. Page 10 of 12('

t EGULA TION
II
- OPEN **BURNING ~**  (a) Burning
is allowed and permits are required for land clearing

on property being developed for

a single family residence. (1) All the requirements

in Section

I "General Burn Requirements, Conditions,
and Practices"
and the State Board approved criteria for open burning under the Smoke Management Program shall apply to this provision. K.4 Solid Waste Disposal: Open burning
at
a solid waste disposal site shall be prohibited. K.S Right of Way, Levee, Reservoir, and Ditch Clearing: Right of way, Levee, Reservoir,
and Ditch Clearing conducted

by
a public entity or utility shall require

a District permit
in accordance with this regulation. (a) The material shall be prepared
by stacking, drying,
or other methods
to promote combustion. K.6 Russian Thistle: permits are required for the disposal

of Russian Thistle pursuant

to the California Health and Safety Code. K.7 Multi-Unit Dwellings and Commercial Entities:

At multi-unit dwellings and commercial entities, burning for the purpose
of fire hazard reduction when done for the purpose
of compliance with local fire hazard reduction ordinances. (a) Fire hazard reduction shall require

a District permit in accordance with this regulation
and approved criteria for open burning. (1) All the requirements

in Section

I "General Burn Requirements, Conditions,
and Practices" shall apply to this provision. L. RESIDENTIAL BURNING L.1 General Conditions:

A

· ll residential burning shall be subject
to the requirements

in section

H ''Open Burning Permits", **s~ction**

I "General Burn Requirements, Conditions,
and Practices" and the following additional requirements. L.2 Additional (a) Requirements: No person or land from any property incinerator. manager shall dispose
of any material by burning outdoors

in
a burn barrel or (b) Paper, cardboard,
and all prohibited materials shall be prohibited from burning. (c) All vegetation

to be burned shall be generated from the property

at which burning will occur.
It is prohibited

to burn imported vegetative materials. (d)
To minimize smoke impacts
to nearby occupied dwellings; open fires shall not take place less than twenty-five
(25) feet from any occupied dwelling. (e)
To minimize accidental ignition
of prohibited materials; the open burn area shall have

a minimum ten (10) foot clearance. (f)

A responsible adult shall attend the burn at all times. (g) Any disposal

of an unserviceable American Flag that is no longer fit for display must be conducted

in
a respectful Page 11 of 12{) EGULA TION
II
- OPEN BURNING !') and dignified manner
in accordance with the CA Health

& Safety Code section 41806(c). L.3 Burn Days: Residential burn days are Monday, Wednesday,
and Saturday providing

it is
a permissible burn day as determined

by the APCO in accordance with the Sacramento Valley Air Basin Smoke Management Program. All residential burners must call the burn information recorder after 9:00 a.m. before igniting any open fire to determine if it is
a burn day. L.4 Burn Hours: Residential burn hours are between 9:00 a.m. and 4:00 p.m. No material can be added to the fire after 3:00 p.m. and the fire must be extinguished

by 4:00p.m. (a) Alternate burn hours may be set for State Responsibility Areas under the jurisdiction

of the California Department of Forestry and the U.S. Forest Service. (1) Residential Burners
in these areas shall burn under

a permit issued by the designated agency. (2) Residential burners shall call the local fireprotection agency for seasonal and specific hour requirements. L.S Permitting:
The APCO is authorized

to require air quality burn permits for residential burns. (a) Fees for permitting shall be recovered

in accordance with District Regulation VII. (b) Permitting requirements shall follow the conditions specified

by the APCO. (c) The APCO may determine that residential
air quality burn permits are not required. This does not relieve the resident

of the responsibility

of obtaining any permit required and issued by
a fire protection agency for fire safety.

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