RESOLUTION 2011 04

BEFORE THE BOARD OF DIRECTORS OF THE

BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT

STATE OF CALIFORNIA

ADOPTING AN AMENDMENT TO RULE 300 OPEN BURNING REQUIREMENTS

PROHIBITIONS AND EXEMPTIONS

Resolution 2011 04

Adopt Amendment to Rule 300

WHEREAS the Butte County Air Quality Management District Board obtains its authority to adopt amend

or repeal Rules and regulations from California Health and Safety Code Sections 40000 40001 and

40702

AND WHEREAS the Butte County Air Quality Management District Board adopted a list of PM control

measures pursuant to SB 656 on August 25 2005 and which list included performance standards for

nonagricultural burning

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

adoption of the proposed amendment to Rule 300 is necessary to modify the lot size criteria for prohibiting

residential open burning to achieve reductions on PM 25 needed to comply with SB 656 prior to the March

1 2011 effective date of Rule 300 as adopted on December 9 2010

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

proposed amendment to the Rule are written or displayed so that its meaning can easily be understood by

the persons directly affected by it Health and Safety Code Section 40727 b3

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

proposed amendment to the Rule adopted herein is in harmony with and not in conflict with or

contradictory to existing statutes court decisions or state or federal regulations Health and Safety Code

Section 40727 band that the amendment does not impose the same requirements as an existing state

or federal regulation Health and Safety Code Section 40727 b5

AND WHEREAS the Butte County Air Quality Management District Board conducted a public hearing on

February 24 2011 concerning the proposed amendment and conducted a public workshop on February

102011

AND WHEREAS the District staff has made notice of the public hearing to adopt the amendment to the

Rule held a public workshop meeting and received comments as included in the staff report which are

included herein as a record of those proceedings

THEREFORE BE IT FURTHER RESOLVED that the Butte County Air Quality Management District Board

hereby adopts with an effective date of March 1 2011 the proposed amendment to Rule 300 Open

Burning Requirements Prohibitions and Exemptions as proposed in the Staff Report released on January

24 2011

Resolution 2011 04 February 24 2011 Page 1
On Motion of by Supervisor Kirk Seconded by Mayor Fichter the foregoing resolution is hereby PASSED

AND ADOPTED BY THE Air Quality Management District Board of Directors on this 24th day of February

2011 by the following

AYES ViceMayor Thompson Councilmember White Supervisor Kirk Supervisor Lambert Supervisor

Yamaguchi Mayor Fichter Councilmember Bunker

NOES None

ABSTAIN None

ABSENT Supervisor Connelly Supervisor Wahl Councilmember Gruendl

W J es Wag qKer Air Pollution Control Officer

Butte County Air Quality Management District

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

the Butte County Air Quality Management District Board of Directors on

February 24 2011

ATTEST

W Jarogwagoner C of the Governing Board

Resolution 2011 04 February 24 2011 Page 2