RESOLUTION 2011 04 BEFORE THE BOARD OF DIRECTORS OF THE BUTTE COUNTYAIR QUALITY MANAGEMENT DISTRICT

STATE OF CALIFORNIA ADOPTING AN AMENDMENT TO RULE 300 OPEN BURNING REQUIREMENTS PROHIBITIONS AND EXEMPTIONS

Resolution 2011 04 AdoptAmendment to Rule 300 

### WHEREAS the Butte CountyAirQuality Management District Board obtains its authorityto 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 ofthe proposed amendmentto Rule 300 is necessary to modifythe lotsize criteria forprohibiting residential open burning to achieve reductions on PM 2 5 needed to complywith SB 656 priorto the March 1 2011 effective date of Rule 300 as adopted on December9 2010 AND WHEREAS the Butte County Air Quality Management District Board has determined that the 

### proposed amendmentto the Rule arewritten ordisplayed so that its meaning can easily be understood by the persons directly affected by it Health and Safety Code Section 40727 b 3 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 orstate orfederal regulations Health and Safety Code 

### Section 40727 b and thatthe amendmentdoes not imposethe same requirements as an existing state orfederal regulation Health and Safety Code Section 40727 b 5 

### 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 10 2011 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 ofthose proceedings 

### THEREFORE BE IT FURTHER RESOLVED thatthe Butte CountyAirQuality 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 bythe following

AYES ViceMayorThompson CouncilmemberWhite Supervisor Kirk Supervisor Lambert Supervisor

Yamaguchi Mayor Fichter Councilmember Bunker NOES None ABSTAIN None ABSENT SupervisorConnelly SupervisorWahl CouncilmemberGruendl

W J 

## esWag qKerAirPollution ControlOfficer Butte CountyAirQuality Management District

I hereby attestthatthis is atrue and correctcopy ofthe action taken by the Butte CountyAir Quality Management District Board ofDirectors on February 24 2011 ATTEST WJarogwagoner C ofthe Governing Board

Resolution 2011 04 February 24 2011 Page 2