February 10 9 , 201 2 1 Placer County APCD 30 4

- 1 Rules and Regulations 

### RULE 304 LAND DEVELOPMENT BURNING SMOKE MANAGEMENT

Adopted 02

- 10

- 1 1 (Amended 02

- 09

- 12)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

200 DEFINITIONS

201 CONSTRUCTION

- DEMOLITION DEBRIS

202 DISALLOWED COMBUSTIBLES

20 3 2 LAND DEVELOPMEN T BURNING

20 4 NO

- BURN DAY

20 5 SEASONAL OUTDOOR BURN SUSPENSION

300 STANDARDS

301 AUTHORIZATION TO BURN

302 PROHIBITIONS ON OPEN BURNING

303 ALLOWABLE COMBUSTIBLES

30 4 BURN PERMITS

30 5 BURN PERMIT VALIDITY

30 6 BURN DAYS

30 7 VEGETATION MATERIAL PREPARATION AND DRYING TIMES

30 8 APPROVED IGNITION DEVICES

30 9 WIND DIRECTION

3 1 0 DETERMINATION OF AMOUNT BURNED DAILY

311 INSPECTION REQUIRED PRIOR TO BURNING

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT REVIEW

402 BURN PERMIT APPLICATION INFORMATION

403 FIRE A GENCY DISCLOSURES

40 3 4 REVOCATION OF A BURN PERMIT

40 4 5 BURN PERMIT FEES

500 MONITORING AND RECORDS (None)February 10 9 , 201 2 1 Rules and Regulations 30 4

- 2 Placer County APCD This Page Intentionally Left BlankFebruary 10 9 , 201 2 1 Placer County APCD 30 4

- 3 Rules and Regulations 100 GENERAL

101 PURPOSE: To establish standards and administrative requirements under which land developme nt burning, may occur in a reasonably regulated manner that manages the generation of smoke and reduces the emission of particulates and other air contaminates from such burning

.

102 APPLICABILITY: The provisions of this rule shall apply to all residential o r commercial land development burning located in Placer County except where otherwise prohibited by a local jurisdiction.

103 EXEMPTIONS

103.1 Rule Exemptions

103.1.1 Burning conducted pursuant to Rule 301

, NONAGRICULTURAL BURNING SMOKE MANAGEMENT is exempt fr om this Rule.

103.1.2 Burning conducted pursuant to Rule 302

, AGRICULTURAL WASTE BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.3 Burning conducted pursuant to Rule 303

, PRESCRIBED BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.4 Burning conducted pursuant to Rule 305

, RESIDENTIAL ALLOWABLE BURNING is exempt from this Rule.

103.1.5 Burning conducted pursuant to Rule 306

, OPEN BURNING OF

NONINDUSTRIAL WOOD WASTE AT DESIGNATED DISPOSAL SITES is exempt from this Rule.

200 DEFINITIONS: (Unless otherwise defined below , the terms used in this R ule are as defined in Rule 102, DEFINITIONS or Rule 301

, NONAGRICULTURAL BURNING SMOKE

MANAGEMENT .)

201 CONSTRUCTION

- DEMOLITION DEBRIS: Any material associated with the construction or demolition of any building, dwelling, or ot her man

- made structures, including but not limited to lumber, tar paper, roofing material, wiring, flooring material, insulation, and plywood.

202 DISALLOWED COMBUSTIBLES: A ny waste or manufactured material, including but not limited to petroleum product s and petroleum wastes; construction and demolition debris; coated wire; putrescible (rotten wastes) and non

- putrescible solid, semisolid and liquid materials or wastes; tires; tar; tarpaper; non

- natural wood waste; processed or treated wood and wood produ cts; metals; motor vehicle bodies and parts; rubber; synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured products; equipment ; instruments; utensils; appliances; furniture; cloth; rags; paper or paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; manure; human or animal parts or wastes, including blood; and fecal

- and food

contaminated ma terial.

20 3 2 LAND DEVELOPMENT BURNING: The use of open outdoor fires for the disposal of vegetation material (wood waste) grown on property being developed for commercial or

residential purposes

.

20 4 NO

- BURN DAY : Any day on which agricultural burning, including prescribed burning, is prohibited by the ARB or the APCO.February 10 9 , 201 2 1 Rules and Regulations 30 4

- 4 Placer County APCD 20 5 SEASONAL OUTDOOR BURN SUSPENSION : A suspension by fire agencies o f open burning activit i es typically beg ins on July 1 st of each year (or sooner) and extending through the fire seaso n until lifted by those fire agencies in the fall.

300 STANDARDS

301 AUTHORIZATION TO BURN: Pursuant to Section 41802 of the California Health and Safety Code, this Rule authorizes land development burning

.

302 PROHIBITIONS ON OPEN BURNING: Except as provided in Regulation 3, no person

shall use an open outdoor fire s (including the use of a burn barrel) for the purpose of disposal or burning of any disallow ed combustibles.

303 ALLOWABLE COMBUSTIBLES: The only allowable combustibles that can be burne d is vegetation originating on the premises and reasonably free of dirt, soil, and visible

surface moisture

. The burning of poison oak ( toxicodendron diversilobum ) or oleander ( nerium oleander ) may be subject to additional permit conditions under Section 3 04.

304 BURN PERMITS

304.1 A person shall not ignite , conduct, or allow open outdoor burning, pursuant to this Rule, without first obtaining a valid burn permit from the District.

304.2 If required, a A separate burn permit may also be required need to b e obtained from the fire protection agency that has jurisdiction in the area of the proposed burn project

.

304.3 No permit shall be issued for land development burning , except for vegetation removed for residential development purposes from the property of a single or

two family dwelling s or when the burn permit applicant has provided a

demonstrat ion in Section 400 that there is no practical alternative to burning and

the APCO has determined that the demonstration has been made

. The APCO may weigh the rel ative impacts of burning on air quality in requiring a more persuasive demonstration for more densely populated regions for a large proposed burn versus a smaller one.

304.4 The APCO may add additional specific burn permit conditions for the burning of

po ison oak ( toxicodendron diversilobum ) or oleander ( nerium oleander ).

305 BURN PERMIT VALIDITY: No burn permit shall be construed to authorize open outdoor fires for any day during which:

305.1 Agricultural burning is prohibited by the A RB or the A PCO It is a no

- burn day

.

305.2 Open burning is prohibited by a fire protection agency for fire control or prevention.

306 BURN DAYS : No person shall knowingly ignite, or allow ignition

, of allowable

combustibles

, on days when it is :

306.1 A no burn day P rohib ited by the A RB or the A PCO

, or

306.2 W w hen it is prohibit ed by a fire protection agency including

, during the seasonal

outdoor burn suspension , orFebruary 10 9 , 201 2 1 Placer County APCD 30 4

- 5 Rules and Regulations 306. 3 Those days d uring the ozone season (May

– October) when there is a potential

for a violation of t he National Ambient Air Quality Standards (NAAQS)

.

307 VEGETATION MATERIAL PREPARATION AND DRYING TIMES: To assure rapid and complete combustion with a minimum of smoke, and to lower the moisture content of the vegetation material being burned, (from when th e vegetation was cut and is to be burned), the following are drying times

. for vegetation:

307.1 No vegetation material shall be burned unless it is reasonably free of disallow ed combustibles, dirt, soil, and surface moisture and then shall be burned in a manner to prevent excessive smoke. Excessive smoke is that which causes a

nuisance.

307.2 Vegetation Wood waste should be windrowed if economically and technically

feasible.

307.3 Vegetation Material stacked for burning shall not be burned unless it is s tacked in such a manner to promote drying and e nsure combustion with a minimum

amount of smoke.

307.4 Unwanted trees shall be felled and dried prior to the burn.

307. 4 5 A minimum of 15 days

, of drying time

, for fine prunings or cuttings less than 3

inche s in diameter

, at the cut end.

307. 5 6 A minimum of three to six weeks

, of drying time

, for prunings or brush or small

branches

, 3 to 6 inches

, in diameter

, at the cut end.

307. 6 7 A minimum of six weeks

, of drying time

, for trees, stumps

, and large branc hes

, greater than 6 inches in diameter

, at the cut end.

307. 7 8 Vegetation or s tumps

, greater than 12 inches in diameter

, shall not be burn ed unless they are split smaller than 12 inches in diameter and are free of dirt. Wood waste, greater than 12 inches in diameter, with the exception of stumps,

shall not be included in the burn.

307.9 Stumps

, greater than 12 inches in diameter

, at the cut shall not be included in the burn unless they are split in half and free of dirt.

308 APPROVED IGNITION DEVICES: A ll open outdoor fires as authorized by this regulation shall be ignited only with approved ignition devices . T he vegetation material to be burned should be ignited as rapidly as practicable within applicable fire control restrictions.

309 WIND DIRECTION: Burning shall be curtailed when smoke is drifting into a nearby populated are a or when it is or may become creating a public nuisance or hazard.

310 DETERMINATION OF AMOUNT BURNED DAILY: Only that amount of vegetation material that can be reasonably expec ted to burn completely within the following 24 hours of ignition shall be ignited in any one day

.

311 INSPEC TION REQUIRED PRIOR TO BURNING: Prior to burning pursuant to an issued

burn permit a n inspection is required to assess compliance with Section 300 Standards and Section 400 Administrative Requirements, and any non

- compliance shall be remedied, including the removal of all disallowed combustibles, and the corrections verified, before burning can proceed.

400 ADMINISTRATIVE REQUIREMENTSFebruary 10 9 , 201 2 1 Rules and Regulations 30 4

- 6 Placer County APCD 401 BURN PERM IT REVIEW: The A PCO or staff shall review and sign all burn permits prior

to the authorization of authorizing burning.

402 BURN PERMIT APPLICATION INFORMATION

402.1 A demonstration that there is no practical alternative that can be used in lieu of

burni ng to dispose of the vegetation. In addition to other information provided in the application, the demonstration shall include a discussion of the availability and feasibility of the alternatives to open burning , including implementation costs;

efforts mad e to reduce the quantity of material to be burned; the impact of burning upon air quality conditions ; and such other factors that warrant inclusion

such as weather con siderations , topography, and hazardous fire conditions

.

402. 1 2 Type of burning;

402. 3 2 Name and/or Business Name and address of the permittee;

402. 4 3 Location of the proposed burn;

402. 5 4 Distance from the proposed burn to the nearest neighboring home or structure ; residential area (in miles)

402. 6 5 The type of vegetation material to be b urned;

402. 7 6 Acreage or estimated tonnage or size of pile of the vegetation material to be
burned;

402. 8 7 Reason for burning;

402. 9 8 Applicant’s signature with date signed. The applicant signing the permit shall read and attest to the accuracy of the in formation provided.

402. 10 9 Each permit issued shall bear a statement of warning containing the following words or words of like or similar import: "THIS BURN PERMIT IS

VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES

BOARD DOES NOT PROHIBIT AG RICULTURAL BURNING PURSUANT TO

SECTION 41855 OF THE HEALTH AND SAFETY CODE."

402.1 1 0 When burning t T he applicant or representative shall have the burn permit available for inspection at the burn site during the burn

.

403 FIRE AGENCY DISCLOSURE: A permit sha ll not be issued to an applicant unless information is provided as required by the fire protection agency for fire protection

purposes

.

40 3 4 REVOCATION OF A BURN PERMIT: The APCO, or his/her designee, may revoke a burn permit if it is found that the burn permit conditions, any s tate or f ederal laws, or the provisions of this Rule have been violated. The designated agency or the APCO shall notify the burn permit holder in writing of the revocation and the reasons therefore,

service of the notification of r evocation may be by personal delivery or certified mail. In the case of service by mail, service shall be deemed complete at the time of deposit of

the notification in the United States P p ost O o ffice, or a mail box, sub

- P p ost O o ffice,
substation, or mail c hute, or other like facility.

40 3 4 .1 Within ten days after service of notice of revocation specified in Section 40 3 4
above, the burn permit holder may petition the Hearing Board in writing for a public hearing. The Hearing Board, after notice and a public hearing held withinFebruary 10 9 , 201 2 1 Placer County APCD 30 4

- 7 Rules and Regulations 30 days after filing the petition, may sustain or reverse the decision of the A PCO or the designated agency.

40 4 5 BURN PERMIT FEES: Burn permits are valid only following receipt of the permit fees specified in Rule 607, B URN P ERMIT F EES

.

500 MONITORING AND RECORDS (None)