VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 56 - OPEN BURNING (Adopted 10/22/68, Revised 9/14/71, 1/25/ 73, 6/14/77, 1/9/79, 11/20/79, 5/24/88, 3/29/94, 11/11/03)

A. Applicability

The provisions of this rule shall apply to the burning of com bustible m a terials in open
outdoor fires.

B. Requirem e nts

A person m a y conduct open burning only if all of the following requirem e nts are m e t:

1. A valid burn perm it shall be obtained. The perm it shall be at the location of the fire for the duration of the fire. The perm it shall bear a statem ent of warning containing the following words or words of sim ilar im port: "This perm it is valid only on those days during which open burni ng is not prohibited by the State Air Resources Board pursuant to Section 41855 of the Health and Safety Code, and not prohibited by the Ventura County Air Pollution Control District pursuant to
Rule 56."

2. Open burning is allowed only on days declared to be "Burn Days" by the APCD.

3. Open burning is allowed for the following purposes only:

a. The disposal of agricultural wastes in the pursuit of agricultural operations.

b. Range im provem e nt burning.

c. W ildland vegetation m a nagem e nt burning.

d. Levee, reservoir or ditch m a intenance.

e. T h e d i s p o s a l o f R u s s i a n t h i s t l e ( S a l s o l a k a l i or tum b leweed).

4. Open Burning shall be conducted in com p liance with all applicable conditions listed on the burn perm it.

5. Only plant m a terial that grew on the property where the burn is to be conducted (or on another property of the sam e grower if approved by the APCD) m a y be
burned.

01/04 RULE 56 : 16. The m a terial to be burned shall be reasonably free of dirt, soil and visible surface

m o isture.

7. All trees to be burned over six inches in diam eter shall be felled. Stum ps shall be uprooted and reasonably free of soil. This subsection shall not apply to prescribed burning.

8. The m a terial to be burned shall be allowed to becom e sufficiently dry to allow for

m a xim u m com bustion efficiency. This subsection shall not apply to prescribed burning.

The following are m i nim u m drying tim es:

M a t e r i a l Drying Tim e

Trees or branches exceeding
three inches in diam eter 6 weeks

Prunings, sm all branches, and other vegetation three inches
or less in diam eter 3 weeks

9. The m a terial to be burned shall be stacked or arranged to allow for m a xim u m air circulation, to facilitate com bustion and to m i nim i ze the am ount of sm oke em itted during com bustion. To facilitate com bustion and m i nim i ze sm oke, sm oldering
fires shall be m i xed, stirred, or condensed when it is safe and feasible to do so. This subsection shall not apply to prescribed burning.

10. The m a terials to be burned shall be ignited only by those devices approved by the APCD and the fire protection agency having jurisdiction in the area. Tires, tar paper, plastics, oils and other sim ilar m a terials shall not be used for ignition

purposes.

11. The m a terial to be burned shall be ignited as rapidly as practicable within applicable fire control restrictions. This subsection shall not apply to prescribed burning.

12. Open burning shall not be conducted when wind speed and direction will carry

em issions into sm oke sensitive areas. In no case shall burning be conducted when
weather conditions could cause sm oke to create a public nuisance.

13. Open outdoor fires shall be ignited during one or m o re of the following three allowable ignition periods which m a y be approved by the APCD on each Burn Day:

01/04 RULE 56 : 2Early Morning 7 a.m

. to noon. Late Morning 10 a.m

. to noon. Afternoon 12 p.m . to 4 p.m

.

No additional m a terial shall be ignited or added to any open outdoor fire after the end of the last ignition period approved by the APCD for the day. In no case shall any additional m a terial be ignited or added to any open outdoor fire after 4 p.m

. This subsection shall not apply to prescribed burning.

14. The APCD shall restrict the am ount, tim ing, and location of all open burning to

m i nim i ze sm oke im pacts on sm oke sensitive areas, avoid cum u lative sm oke
im pacts, and prevent public nuisance. Open burning m a y be restricted to one or

m o re individual locations or regions. On a day when prescribed burning is scheduled to occur, the APCD m a y prohibit all other open burning.

15. For prescribed burning, the vegetation to be burned shall be in a condition that
will facilitate com bustion and m i nim i ze the am ount of sm oke em itted during

com bustion.

16. For prescribed burning, burning at night and m u lti-day burns shall be m i nim i zed whenever practicable.

17. For range im provem e nt burning conducted prim arily for im provem e nt of land for
wildlif e and gam e habitat, the applicant sh all f ile with the APCD a statem ent f r om the Departm e nt of Fish and Gam e certifyi ng that burning is desirable and proper. The Departm e nt of Fish and Gam e m a y specify the am ount of brush treatm e nt required, along with any other conditions it deem s a p p r o p r i a t e

.

C. Additional Requirem e nts for Prescribed Burning

1. The land m a nager or his/her designee shall register all planned burn projects annually or seasonally with the APCD, including areas considered for potential naturally-ignited wildland fires m a naged for resource benefits, with updates as they occur.

2. The land m a nager or his/her designee shall subm it a sm oke m a nagem e nt plan containing all of the following inform ation to the APCD for review and approval in advance of the proposed burning:

a. The location and the specific objectives of the burn.

b. The acreage or tonnage, type and arrangem e nt of the vegetation to be
burned.

c. The distances and directions to all potentially af f ected sm oke sensitive

areas.

01/04 RULE 56 : 3d. The fuel condition, com bustion and m e teorological prescription elem ents developed for the project.

e. The project schedule and duration of project ignition, com bustion and
burndown.

f

. Specif i cations f o r m onitoring and verif y ing critical param e ters such as air quality or weather.

g. A discussion of how the requirem e nts of Section B of this Rule that apply to prescribed burning will be satisf i ed.

h. A discussion of what specific contingency actions (such as fire suppression or containm ent) will be taken if unanticipated conditions

cause sm oke to create or contribute to an exceedance of a state or federal

am bient air quality standard or cause a public nuisance.

i. A discussion of the procedure that the land m a nager or his/her designee will use to coordinate daily with the APCD on m u lti-day burns, which

m a y im pact sm oke sensitive areas, to af f i rm that the burn project rem a ins within the conditions specified in the Plan, or whether contingency actions

are necessary.

j Specifications and procedures for dissem i nating project inform ation to the public.

k. Procedures for public notification and education, including appropriate signage at burn sites, and for reporting any public sm oke com p laints to the

APCD.

l. Identification of responsible personnel, including 24-hour telephone contacts for on-site personnel responsible for the burn.

m

. The sm oke m a nagem e nt criteria the land m a nager or his/her designee will
use for m a king burn ignition decisions.

n. Projections, including a m a p, of where the sm oke is expected to travel, both day and night.

o. An evaluation of alternatives to burning considered. If an analysis of alternatives has been prepared as part of the environm ental docum entation required for the burn project pursuant to the National Environm ental Policy Act or the Calif ornia Environm ental Quality Act, as applicable, the analysis shall be attached to the sm oke m a nagem e nt plan to satisfy this requirem e nt.

01/04 RULE 56 : 43. The land m a nager or his/her designee m u st receive authorization to burn from the APCD the business day prior to burning.

4. Prior to ignition on the day of the burn, the land m a nager or his/her designee shall
confirm with the APCD that all conditions and all requirem e nts stated in the

sm oke m a nagem e nt plan are m e t.

5. W h en a natural ignition occurs on a No Burn Day, the initial "go/no-go" decision by the land m a nager to m a nage the f i re f o r resource benef it will be "no-go" unless, after consultation with the APCD or ARB, the APCD or ARB concurs, for

sm oke m a nagem e nt purposes, that the burn can be m a naged for resource benefit. A "no-go" decision does not necessarily m ean that the fire m u st be extinguished, but that the fire cannot be considered prescribed burning.

6. For naturally-ignited wildland fires m a naged for resource benefits that are expected to exceed 10 acres in size, the land m a nager or his/her designee shall
subm it a sm oke m a nagem e nt plan no later than 72 hours after the start of the fire.

7. For fires greater than 250 acres, the land m a nager or his/her designee, shall
subm it a post-burn sm oke m a nagem e nt evaluation to the APCD no later than 30 days after com p letion of the burn.

D. Exem ptions

1. This rule shall not apply to open outdoor fires used only for the heating or cooking of food for hum an consum ption or for recreational purposes when such fires are confined to a fireplace or barbecue pit.

2. This rule shall not apply to the burning, in a respectful and dignified m a nner, of
an unserviceable Am erican flag that is no longer fit for display.

3. Nothing in this rule shall be construed as lim iting the authority granted under other provisions of law to any public officer to set or perm it a fire when such fire is, in his or her opinion, necessary for any of the following purposes:

a. The prevention of a fire hazard which cannot be abated by any other
reasonable m eans.

b. The instruction of public em ployees in the m e thods of fighting fires.

c. The instruction of em ployees in the m e thods of fighting fire when such fire is set, pursuant to perm it issued by the fire protection agency having jurisdiction in the area, on property used for industrial purposes.

01/04 RULE 56 : 5d. The setting of backfires necessary to save life, or valuable property pursuant to Section 4426 of the Public Resources Code.

e. The abatem ent of fire hazards pursuant to Section 13055 of the Health and Safety Code.

f. Disease or pest prevention, where there is an im m e diate need for and no reasonable alternative to burning.

g. The rem e diation of an oil spill pursuant to Section 8670.7 of the

Governm e nt Code.

A person conducting open burning pursuant to subsection D.3.a-g shall inform the APCD during the initial planning stages of the burn and im m e diately prior to ignition.

E. Violations

1. The f a ilure of a person to m eet any requirem e nts of this Rule shall constitute a
violation of this Rule.

2. The cost of putting out any open outdoor fire in violation of this Rule m a y be
im posed on the person responsible for setting and/or m a intaining that fire.

F. Burn Day Decisions

1. The APCD shall declare a Burn Day, for one or m o re individual locations or regions in the District, if all of the following conditions are m e t:

a. The State Air Resources Board declares a perm issive Burn Day or a Marginal-Burn Day for the South Central Coast Air Basin.

b. The APCD predicts that the local m e teorological conditions in the specific area will be conducive for good dispersion of sm oke.

c. The fire protection agency with jurisdiction in the area does not prohibit burning. The APCD will coordinate with the applicable fire protection agency on every burn day decision.

2. Notwithstanding subsection F.1, all of the following are No Burn Days: New Years Day, Dr. Martin Luther King Jr. Day, President' s Day, Mem o rial Day, Independence Day, Labor Day, Thanksgiving, Christm a s, all Fridays and Saturdays im m e diately following any above holiday that falls on a Thursday or Friday, all Saturdays im m e diately preceding any above holiday that falls on a Monday, and all Sundays.

01/04 RULE 56 : 63. The APCD shall declare a No Burn Day for the specific areas of the District
where the am bient concentration of ozone or particulate m a tter exceeds or is predicted to exceed any state or federal air quality standard.

4. The APCD m a y allow individual open burns or region-wide open burning on a day declared by the Air Resources Board to be a Marginal-Burn Day when the
APCD has determ ined that im pacts to sm oke sensitive areas are not expected.

G. Responsibility for Open Fires

The APCD and the fire protection agencies are not responsible for dam a ges to property or to the general public resulting from open burning authorized by these rules. Responsibility rests with the person responsible for setting and m a intaining the fire.

H. Notif ication/Perm it Requirem e nts

1. No person shall burn any agricultural waste without first obtaining a valid burn

perm i t

.

2. Any person that has burned agricultural waste shall provide the following
inform ation to the APCD within 48 hours after the burn:

a. Burn Perm it num ber, nam e , address or location, date of burn, and tons of

m a terial that were burned.

b. W h ether or not the burn was com p leted, and if not, the am ount of

rem a ining m a terial to be burned.

I. Definitions

1. "Agricultural Operation": An operation directly related to the growing or harvesting of products such as food crops or plants, or raising of fowls or anim als, for the prim ary purpose of m a king a profit, of providing a livelihood, or of conducting agricultural research or instruction by an educational institution. The clearing of agricultural land for the purpose of non-agricultural developm ent is
not included under this definition.

2. "Agricultural W a stes": Unwanted or unsaleable plant m a terials produced wholly
from agricultural operations. Exam ples of agricultural wastes include:

a. Trees and tree trim m i ngs;

b. Grass, weeds, and trim m i ngs from windbreaks in or adjacent to fields in cultivation or being prepared f o r cultivation;

01/04 RULE 56 : 7c. Vegetation being cleared from presently uncultivated or ungrazed land to establish an agricultural operation m a y also be considered agricultural

wastes.

3. "Burn Day": A day, on which the Air Resources Board and the APCD and the fire protection agency do not prohibit open burning for the purposes listed in subsection B.3. On a "Burn Day," the APCD m a y restrict burning to the tim e period(s) and regions/locations specified in subsections B.13 and B.14 respectively.

4. "Crop": Any agricultural product grown, produced, or raised com m e rcially for
feed or for hum an consum ption or in connection with agricultural operations.

5. "Marginal-Burn Day": A day when lim ited am ounts of agricultural burning for individual projects in specific areas for lim ited tim es, is not prohibited by Air Resources Board, and such lim ited burning is authorized by the APCD.

6. "No Burn Day": A day that open burning is not allowed by the APCD.

7. "Open Burning": To burn or allow the burning of com bustible m a terials in an open outdoor fire.

8. "Open outdoor fire" m eans any com bustion of com bustible m a terial of any type outdoors in the open, not in any enclosure, where the products of com bustion are not directed through a flue.

9. "Range Im provem e nt Burning": The use of open fires to rem ove vegetation for a
wildlif e, gam e or livestock habitat or f o r the initial establishm ent of an agricultural practice on presently uncultivated land.

10. "Sm oke Sensitive Areas": Areas where the APCD determ ines that sm oke and air pollutants can adversely affect public health or welfare. Such areas can include
but are not lim ited to, towns and villages, cam pgrounds, trails, populated recreational areas, hospitals, nursing hom es, schools, roads, airports, public events, shopping centers, and areas designated Class 1 pursuant to Section 169A
of the federal Clean Air Act.

11. "W ildland Vegetation Managem e nt Burning": Open burning conducted by a public agency, or through a cooperative agreem ent or contract involving a public agency, to burn land predom inantly covered with chaparral (as def i ned in Title 14, California Adm i nistrative Code, S ection 1561.1), trees, grass or standing brush, for forest m a nagem e nt, fire hazard suppression, the im provem e nt of land for wildlife and gam e habitat, or disease or pest control.

12. "Prescribed Burning": W ildland Vegetation Managem e nt Burning and Range

Im provem e nt Burning.

01/04 RULE 56 : 8