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I FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT INRE: RESOLUTION AMENDING REGULATION

II- OPEN BURNING

) ) ) ) ) RESOLUTION NO. 2004-01 _____________

) WHEREAS, various provisions
of division 26 of the Health and Safety Code authorize the Feather River Air Quality Management District to adopt rules and regulations; and WHEREAS,

a duly noticed public hearing was held on October 17, 2003 and January 15, 2004 to consider amending Regulation

II, Open Burning; NOW, THEREFORE, THE FOLLOWING FINDINGS HAVE BEEN MADE: A. California Health and Safety Code sections 39666, 40000, 40001, 40702, and 41865 are provisions
of law that provide air districts with the authority
to adopt these proposed rules and regulations. B.
It has been demonstrated

to the satisfaction
of the Feather River Air Quality Management District Board that
a need exists to amend Regulation

II, as it is necessary

to comply with state law and to ensure consistency with neighboring
air districts. C.
It has been demonstrated

to the satisfaction
of the Feather River Air Quality Management District Board that there is no indication

at this time that Regulation

II is written in such
a manner that the persons affected by it could not easily understand

it. D.
It has been demonstrated

to the satisfaction
of the Feather River Air Quality Management District Board that the amendments

to Regulation

II are in harmony with, and not in conflict with or contradictory

to, existing statutes, court decisions,
or State or federal regulations. E. Any duplication with existing state or federal regulations

is necessary
or proper to execute the powers and duties of the Feather River Air Quality Management District. F. The proposed rule has been developed

to meet the requirements

of section

3 9666 of the Health
& Safety Code G. This resolution and regulation contained herein were adopted after proceedings held in accordance with provisions
of chapters

6 and 6.5 of part 3 of division 26 of the California Health and Safety Code (commencing with section 40700). H. District staff has prepared

a written analysis of the proposed amendments

of Regulation

II, Open Burning, pursuant
to Health and Safety Code section 40727.2, and has maintained

a record of the rulemaking proceeding pursuant
to Health and Safety Code section 40728.I.TheproposedamendmentstoRegulationIIarecategoricallyexemptunderClass8fromtheCalifornia EnvironmentalQualityAct(CEQA)pursuanttoCEQAGuidelinessections15061(b)(2)and15308becausetheyareactiontakenbyaregulatoryagencytoassurethemaintenance,restoration,enhancement,orprotectionoftheenvironmentandapplicationoftheexemptionisnotbarred,byoneoftheexceptionssetforthintheCEQAguidelinessection15300.2.NOW,THEREFORE,BEITRESOLVEDbytheBoardofDirectorsoftheFEATHERRIVERAIRQUALITYMANAGEMENTDISTRICTasfollows:1.TheAirPollutionControlOfficerorhisdesigneeisauthorizedtofileanoticeofexemptionfromCEQA.2.EffectiveMarch1,2004,theBoardamendsRegulationII,OpenBurningtoreadinitsentiretyassetforthinExhibitAtothisresolution,whichisattachedtothisresolutionandmadepartofit.PASSEDANDADOPTEDbytheFeatherRiverAirQualityManagementDistrictatameetingonMarch1,2004,bythefollowingvote:AYES:DireccorsSchrader,Silva,Epp,McNamaraandKroonNOES:NoneABSENT:DirectorsNelson,Griego,Ullman,BarkhouseandMungerABSTAIN:NoneChairmanATTEST:CLERKOFTHEDISTRICTBOARDAPPROVEDFORLEGALFORMExhibitADistrictRegulationII,OpenBurningREGULATION

II- OPEN BURNING Rule 2.0 OPEN BURNING (Adopted 01/89, Amended 3/1/04) A. PURPOSE A.l The purpose of this rule is to ensure open burning in the District is conducted
in
a manner that minimizes emissions and smoke and is managed consistent with state and federal law. B. APPLICABILITY 8.1 The provisions

of this rule shall apply to any person or land manager conducting, allowing,
or using any open burning for the purpose of disposal within Yuba and Sutter Counties. 8.2 The provisions

of this rule shall apply to any open burning including but not limited to: (a) agricultural burning (b) non-agricultural burning such as land use conversion for non agricultural purposes, fire prevention/suppression training, and disposal
of Russian Thistle (Salsola kali or "tumbleweed") (c) disposal
of infectious wastes, other than hospital wastes (d) disposal
of contraband (e) residential burning 8.3 The provisions

of this rule shall not apply to open burning for the purposes
of cooking food for human consumption

or recreational fires providing that there are no prohibited materials

as defined in Section E.l3. C. SEVERABILITY C.l
If any section, subsection, sentence, clause, phrase, or portion
of this rule is, for any reason, held invalid, unconstitutional,

or unenforceable

by any court of competent jurisdiction, such portion shall be deemed as
a separate, distinct, and independent provision, and such holding shall not affect the validity
of the remaining portions thereof

. D. EFFECTIVE DATE D.l The provisions

of this rule shall be effective
on the date of adoption. E. DEFINITIONS E

.l Agricultural Burning means: (a) open outdoor fires used in agricultural operations
in the growing of crops or raising of fowl or animals,
or open outdoor fires used in forest management, range improvement,

or the improvement

of land for wildlife and game habitat,
or disease or pest prevention. (b) open outdoor fires used in the operation
or maintenance

of a system for the delivery
of water for the purposes specified
in subdivision (a). (c) open outdoor fires used in wildland vegetation management burning. 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 Page

l of 12REGULATION

II- OPEN BURNING chaparral, trees, grass,or standing brush. Prescribed burning is the planned application

of fire to vegetation to achieve any specific objective
onlands selected
in advance of that application.
The planned application

of fire mayalso include natural or accidental ignition. E.2 Approved Ignition Devices meansan instrument

ormaterials that will ignite openfires without the production

of black smoke as approved by the Air Pollution Control Officer. This would include such items as liquid petroleum gas, butane, ordiesel 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

acontainer used to hold combustible

orflammable waste materials

sothat they canbe ignited outdoors for the purpose of disposal. E.4 District meansthe Feather River Air Quality Management District having jurisdiction overYuba and Sutter Counties. E.S Fire Protection Agency means any agencywith the responsibility
and authority
to protect people, property, and the environment from fire, and having jurisdiction within

adistrict
or region. E.6 Incinerator means anydevice constructed

of nonflammable materials, including containers commonly known asburn barrels, for the purpose of burning therein trash, debris, and other flammable materials for volume reduction
or destruction. E.7 Land Manager means any federal, state, local, or private entity or personthat administers, directs, oversees,
orcontrols the useof public or private land, including the application

of fire to the land. E.8 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 orfederal fire protection agency having jurisdiction overthe burn location,
asa day, or portion thereof, during which nofires maybe ignited ornomaterial maybe added to an approved existing fire except as authorized

in Section I.ll

.b. E.9 Non-Agricultural Burning,
as regulated under the California Health and Safety Code, meansall 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 asolid waste disposal site, and for the disposal
of Russian Thistle. E.lO E.ll Open Burning means combustion

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

is not directed through

aflue. Orchard orCitrus Grove Heaters means any approved article, machine, or equipment, burning any approved type of fuel ormaterial capable of emitting air contaminants, used for the purposeof giving protection

to cropsfrom frost damage under the provisions

of section G.lO.

Page

2 of 12E.l2 E.l3 E.l4 E.lS E.l6 E.l7 E.l8 E.l9 REGULATION

II- OPEN BURNING Permissive Burn Day orBurn Day means any day, or portion thereof, onwhich allowable burning
is not prohibited
by the Distri

ct,the California Air Resources Board or any local, state orfederal fire protection agency having jurisdiction overthe 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 orlocal government agency, public district,
or any officer or employee thereof, and the United States orits agencies, tothe extent authorized
by federal

.law. Prohibited Materials means anywaste ormanufactured 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 ortreated 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; paperand paper products; cardboard; boxes; crates; excelsior; offal; swill; carcassof anydead animal; manure;human oranimal parts or wastes, including blood and fecal matter orfood contaminated material;
or anyother non-vegetative material that when burned may discharge air contaminants that maycause

ahealth risk to any person. Pruning Only Burn Day in accordance with the Sacramento Valley Smoke Management Program means any day, or portion thereof, designated

by the California Air Resources Board orthe District
as
a day, or portion thereof, during which small fires for the purposeof disposing orchard prunings maybe ignited. Range Improvement Burning meansthe useof openfires to remove vegetation for wildlife, gameorlivestock habitat,
orfor the initial establishment

of an agricultural practice
on previously uncultivated land. Residential meansof or pertaining

to dwellings occupied by oneor 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 orthe District,

as
a day, or portion thereof, during which small amounts of ditches, field stubble or spot burning will be permitted
if such burning will not adversely affect downwind air quality. Smoke Management Burn Plan meansan operational plan for managing

a specific fire to achieve resourcebenefits 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. Page

3 of 12E.20 E.21 REGULATION

II- OPEN BURNING 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 posea 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 orto 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 violation
of these Rules and Regulations is subject to being put out by any fire control agency when so ordered by the Air Pollution Control Officer. The cost of putting out the fire may be 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.

Page

4 of 12REGULATION

II- OPEN BURNING G. EXEMPTIONS: Nothing in these rules shall be construed
to prohibit: G.l 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.l "Public Officer". G.3 Industrial Training: Burning operations

on property used for industrial purposesfor 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
orother property access,orfor levee, reservoir, ditch or drainage maintenance authorized pursuant
to Section K.5 "Right of Way, Levee, Reservoir, and Ditch Clearing". G.5 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 asbackfires necessary
to savelife or valuable property. G.7 Recreational: Open outdoor fires used for cooking food for human consumption

orfor recreational purposes providing the fire does not contain prohibited materials

asdefined in section E.l3 ''Prohibited Materials". G.B Pesticide Application: Open burning for the purposes
of creating

a smoke column during pesticide applications

as required
by section 6464 (a) of the California Code of Regulations. (a) Section 41701 of 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

asdefined in section E.13 "Prohibited Materials". G.lO 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 following applies to heaters in orchards and citrus grovesto prevent frost damage. (a)
No neworchard orcitrus groveheater shall be sold for use against frost damage unless the California Air Resources Board has approved
it and finds it produces
no morethan

1 gram perminute of unconsumed solid carbonaceous material. (b)
No personshall use anyorchard orcitrus grove heater unless the California Air Resources Board has approved it. ( c ) Open fires in orchards
orcitrus grovesfor the purposes of frost protection are prohibited.

Page

5 of 12(d) REGULATION

II- OPEN BURNING The useof rubber tires or anyrubber products
in any combustion processin connection with anyorchard or citrus grove heating is prohibited. H. OPEN BURNING PERMITS H.l Permit Required:

No personshall ignite any open fire, conduct, perform or participate

in any open burning activity,
orallow the open burning activity
on any property under the person's possession without first obtaining

avalid burn permit issued by the Air Pollution Control Officer (APCO) and follows the conditions specified (a) (b) onthe permit and these rules and regulations. Each applicant for

aburn permit shall provide such information

asis required
by the District
orthe designated fire protection agencyfor fire protection purposes. 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 removethe exemption is filed. Other permitting requirements from the fire protection services maybe required. (a) The open burning of paper agricultural pesticide sacks, provided the burning is conducted

atthe site of application,

in accordance with proper disposal guidelines specified
onthe packaging and downwind from any personor susceptible crops. (b) Open outdoor fires used for cooking food for human consumption

orfor recreational purposes

. (c) Open burning of vegetation

at one-or two-family residences

on parcels less than two acresin size, provided that the requirements

of section

L "Residential Burning" and the requirements

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

No personshall ignite any open fire, conduct, perform or participate

in any open burning activity, or,allow the open burning activity
on any property under the personorland manager's responsibility,

in violation
of anyState law, Statute, District Rule or Regulation,

orburn permit issued by the APCO pursuant
to these Rules and Regulations. Any open burning which is notin 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 sothat the fire does not escape. I.3 Suspension

of Burning Privilege: The APCO may suspend all burn privileges for any personorlocation for anyviolation
of this rule. I.4 Fire Protection Agencies: Local fire-protection agencies mayhave additional burning requirements
for fire safety. Nothing in these regulations shall be construed
as limiting the powerof the fire protection agencies from requiring
or enforcing stricter standards. Page

6 of 12REGULATION

II- OPEN BURNING I.5 Ignition Devices: All openfires 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
sothat it will ignite as rapid ly as practicable within applicable fire control restrictions and burn with

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

as specified
in section E.l3 "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 anyone (1) day. (a) Dry trees, uprooted stumps and branches greater than six (6) inches in diameter maybe 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 areaand could create

a public nuisance. I.lO I.ll Burning of Vines orBushes Treated with Herbicides: Vines orbushes maybe burned in place without being cut or uprooted
if they are treated and desiccated with herbicides and allm,.,ed 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 onthe property where the material was grown.No material maybe 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
orrelax the burn hours due to air quality factors. Any restricted hours are enforceable
for

t he day they arein effect. (b) For orchard prunings, burn hours arebetween 9:00 a.m.and 4:00p.m.

Page

7 of 12REGULATION

II- OPEN BURNING (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 4:00p.m. All fires shal

l 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 3:00p .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.13, nProhibited Materialsn. J.4 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.5 Permit Invalidation

on No-Burn Days:
A burning permit shall not be valid ona No-Burn Day and

a person shall not set or permit burning on
a No-Burn Day

. (a)
If a permissible burn day is subsequently changed to
aNo- Burn 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 provision
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. (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 ora public health hazard. (4) Any APCO authorization does not exempt the responsible party from any other District
or fire control regulation. J.6 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 Page

8 of 12REGULATION

II-OPEN BURNING drying time criteria. Drying times aretimed after harvest. (1) Rice straw maybe burned prior to the drying period specified
if the straw passesthe crackle test described
in J.5 (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 header"

- three (3) days after

t he first frost found onthe field; orthree (3) days after mowing and spreading

or chopping straw. (5) After

arain exceeding .15 inch (fifteen hundredths

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

a composite sample in accordance with the Sacramento 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 aredeclared
to exist by the appropriate fire control agency. (1) The APCO may authorize other lighting techniques

if safety reasons exist orif the cropdoes not lend itself to the approved techniques. J.7 Wildland Vegetation and Forest Management Burning (a) Wildland vegetation and forest management burning shall conform to the Sacramento Valley Air Basin Smoke Management Program, the rules and regulations

of the District and the following requirements: (1) Any proposed burn, regardless

of size, which will occur below

amean elevation
of 1000 feet above sealevel shall complete and submit

aSmoke Management Plan on forms provided
by the District
at least seven (7) days prior to ignition. (2) Any proposed burn which encompasses

aland area greater than ten (10.0) acresand which occursat orabove

a mean elevation
of 1000 feet shall complete and submit

a Smoke Management Plan onforms provided
by the District at least seven (7) days prior to ignition. (b)
No burning shall be ignited without District approval. (1) The initial "go/no-go" 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.8 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, orwild land vegetation management burn,

a permissive-burn

orno-burn forecast will be issued by the state board upto 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

orno-burn advisory outlook will be available
upto 72 hours in advance of burns. Page

9 of 12REGULATION

II- OPEN BURNING K. NON-AGRICULTURAL BURNING K.l Public Officer: Fires set or permitted
by any public officer if such fire is set or peimission 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 afire hazard which cannot be abated by anyother 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 burned shall be certified free of asbestos. (2)
A District permit is required for anyfield training burn greater than twenty (20) acres. (3) The public officer shall notify the District
48 hours before anyburn conducted for the purposes
of training. (c) For the purpose
of disease or pest control and prevention where there is animmediate 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
to the APCO at least ten (10) days before burning. K.3 Land Clearing: Open burning of natural vegetation

onland being developed for industrial

or commercial purposes shall be prohibited. (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 asolid 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

aDistrict 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 purposeof fire Page 10 of 12/ •' REGULATION

II-OPEN BURNING hazard reduction when doneforthe purposeof compliance with local fire hazard reduction ordinances. (a) Fire hazard reduction shall require

aDistrict permitin accordance with this regulation and approved criteria for open burning. (1)Allthe requirements

in Section

I"General Burn Requirements, Conditions, and Practices" shall applyto this provision. L
.RESIDENTIAL BURNING L.l General Conditions: All residential burning shallbe subject tothe requirements

in section

H "Open Burning Permits", section

I "General Burn Requirements, Conditions, and Practices" andthe following additional requirements. L.2 Additional Requirements: (a)
No personorland managershall dispose of anymaterial from any property by burning outdoors
inaburn barrel or incinerator. (b) Paper, cardboard, andall prohibited materials shallbe prohibited from burning. (c) All vegetation

tobe burned shallbe generated fromthe property
atwhich burning will occur.Itis prohibited

to burn imported vegetative materials. (d)
To minimize smoke impacts to nearby occupied dwellings; openfires shall nottake place less than twenty-five (25) feet from any occupied dwelling. (e)
To minimize accidental ignition
of prohibited materials; the openburn areashall have

aminimum ten (10)foot clearance. (f)

A responsible adult shall attend theburnatall times. (g) Any disposal
ofanunserviceable American Flag thatisno longer fitfor display mustbe conducted
in
a respectful and dignified mannerin accordance withtheCA Health
& Safety Code section 41806(c)

. L.3 Burn Days: Residential burn daysare Monday, Wednesday, and Saturday providing
itisa permissible burn dayasdetermined
bytheAPCOin accordance withthe Sacramento Valley Air Basin Smoke Management Program. All residential burners mustcalltheburn information recorder after 9:00a.m.before igniting anyopenfiretodetermine ifitisaburn day. L.4 Burn Hours: Residential burn hours arebetween 9:00a.m.and4:00 p.m.No material canbeaddedtothefire after 3:00 p.m.andthe fire mustbe extinguished

by 4:00p.m. (a) Alternate burn hours maybesetfor State Responsibility Areas under the jurisdiction

ofthe California Department of Forestry andtheU.S. Forest Service. (1) Residential Burnersinthese areasshall burn under

a permit issued bythe designated agency

. (2) Residential burners shall callthe local fire- protection agencyfor seasonal and specific hour requirements. L.5 Permitting: TheAir Pollution Control Officer
is authorized
to require air quality burn permits for residential burns. Page11of12REGULATION

II- OPEN BURNING (a) Fees for permitting shall be recovered
in accordance with District Regulation VII. (b) Permitting requiiements shall follow the conditions specified
by the APCO. (c) The APCO maydetermine that residential air quality burn permits arenot required

.This does not relieve the resident
of the responsibility

of obtaining any permit required and issued by afire protection agencyfor fire safety.

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