El
Dorado County Air Quality Management District will hold a Public Hearing in the Board of Supervisors Meeting Room, Building A, 330 Fair Lane, Placerville, CA, on Tuesday, June 3, 2008, at 9:00 AM or thereafter, to consider the amendment of Rule 300-Open Burning.
Some Proposed Changes:
5. Residential Maintenance.
a. Burning shall be allowed only if:
1. the material originated from within 100 feet of a single or two family dwelling
2. the material is burned on the premises it originated from,
3. the material is limited to the following material: waste from trees, vines, brush, leaves, lawn clippings and dry plants.
Fines:
3. In lieu of any other civil and criminal penalties, administrative civil penalties are as follows:
a. Administrative Civil Penalties:
1. 1st Violation: $100.00 to $250.00 per violation per day.
2. 2nd Violation: $250.00 to $500.00 per violation per day.
3. 3rd Violation: Maximum penalty, $1000.00 per violation per day. All burning privileges suspended.
EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT
STAFF REPORT
PROPOSED AMENDMENTS TO:
RULE 300 – OPEN BURNINGJune 3, 2008
Prepared by: Carolyn Craig.
Approved by: Marcella McTaggartA. EXECUTIVE SUMMARY
On June 3, 2008, the El Dorado County Air Quality Management District (AQMD) Board of Director’s will consider the adoption of the following amended Rule 300-Open Burning.
The amendments update the rule to align the rule with the California Health and Safety Code, the Air Toxic Control Measures (17 California Code of Regulations, Subchapter 7.5) and to update obsolete references.
The purpose of staff proposing amended Rule 300 is to include Section 41812 of the California Health and Safety Code, which will allow the AQMD to meet recommendations proposed by the Emergency California-Nevada Tahoe Basin Fire Commission pertaining to utilization of mechanized burners as a viable solution to minimize heath-based air quality issues and visibility impacts when reducing the forest fuel load.
B. INTRODUCTION
Rule 300 – Open Burning sets requirements for open fires for residential, commercial and agricultural purposes. Rule 300-Open Burning was originally adopted on June 17, 1997.
C. BACKGROUND
LEGAL MANDATES
Federal Mandates:
The AQMD has been designated as a non-attainment area for the federal ozone standard by the U.S. Environmental Protection Agency. The AQMD is required to implement and enforce regulations that will make progress towards the federal ozone attainment status.State Mandates:
The AQMD is designated non-attainment for the State ozone standard by the California Air Resources Board. The AQMD is required to implement and enforce all feasible measures towards attainment of the state standards.D. DISCUSSION OF PROPOSED RULE AMENDMENTS
The following is a summary of the major requirements being proposed for amended Rule 300 – Open Burning.
1. Sections 300.1.F -Incorporates California Health and Safety Code Section 41812.
2. Section 300.2.Q. -Removes reference to fires in 55 gallon drums to align with the Airborne Toxic Control Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning (17 California Code of Regulations, section 93113).
E. IMPACTS OF THE AMENDED RULE
Emissions Impacts
There are no significant emissions impacts as the amendments are primarily administrative in nature. Staff Report Page 4 of 9 Rule 300 Open Burning
Socioeconomic Impacts
California Health and Safety Code Section 40728.5(a) requires, in part, that:
"Whenever a district intends to propose the adoption, amendment or repeal of a rule or regulation that will significantly affect air quality or emissions limitations, that agency shall, to the extent that data are available, perform an assessment of the socioeconomic impacts of the adoption, amendment, or repeal of the rule or regulation."
However, districts with a population of less than 500,000 persons are exempt from the provisions of Section 40728.5 (a). The AQMD’s population is estimated to be approximately 169,000, well below the 500,000 person threshold. Therefore, a socioeconomic analysis for this rulemaking is not required.
Cost Impacts
Cost Effectiveness
California Health and Safety Code Section 40703 requires that all air quality districts consider and make public findings relating to the cost effectiveness of implementing an emission control measure.
The rule amendments are administrative in nature and do not have any cost impacts.
Cost to EDCAQMD
Staff does not anticipate an additional need for staff resources.
F. ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE
The amendment of Rule 300-Open Burning is administrative in nature and the rule is an action taken to protect the environment. Therefore the revision is categorically exempt. Staff has prepared a Notice of Exemption to meet the CEQA Guidelines (Attachment B)
G. REGULATORY FINDINGS
California Health and Safety Code Section 40727(a) requires that prior to adopting or amending a rule or regulation, an air district’s board must make findings of necessity, authority, clarity, consistency, nonduplication and reference. The findings must be based on the following:
1. Information presented in the AQMD’s written analysis, prepared pursuant to California Health and Safety Code Section 40727.2;
2. Information contained in the rulemaking records pursuant to California Health and Safety Code Section 40728; and
3. Relevant information presented at the Board’s hearing for the rule.
The table below describes the finding and the basis for making the finding. Staff Report Page 5 of 9 Rule 300 Open Burning
|
FINDING |
FINDING DETERMINATION |
|
Necessity: The AQMD must find that the rulemaking demonstrates a need exists for the rule or for its amendment or repeal. (CH&SC Section 40727(b)(1)) |
Rule 300 It is necessary for the AQMD to adopt the proposed rule amendments to correct and streamline the existing rule. |
|
Authority: The AQMD must find that a provision of law or of a state or federal regulation permits or requires the AQMD to adopt, amend or repeal the rule. (CH&SC Section 40727(b)(2)) |
Rule 300 The AQMD is authorized to adopt rules and regulations by CH&SC Sections 40001, 40702, 40716, 40919, 41010, 41013 and 42300. |
|
Clarity: The AQMD must find that the rule is written or displayed so that its meaning can be easily understood by the persons directly affected by it. (CH&SC Section 40727(b)(3)) |
Rule 300 The AQMD has reviewed the proposed amendments and determined that they can be easily understood by the affected industry. In addition, the record contains no evidence that the persons directly affected by the rule cannot understand the rule. |
|
Consistency: The rule is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state or federal regulations. (CH&SC Section 40727(b)(4)) |
Rule 300 The proposed amendments do not conflict with and are not contradictory to existing statutes, court decisions, or state or federal regulations. |
|
Non-Duplication: The AQMD must find that either: 1) The rule does not impose the same requirements as an existing state or federal regulation; or 2) that the duplicative requirements are necessary or proper to execute the powers and duties granted to, and imposed upon, the AQMD. (CH&SC Section 40727(b)(5)). |
Rule 300 The proposed amendments are duplicative of the California H & SC Chapter 3, Article 2, Nonagricultural Burning and Article 3, Agricultural Burning; and 17 CCR Subchapter 7.5, but are necessary to execute the powers and duties granted to, and imposed upon, the AQMD. |
|
Reference: The AQMD must refer to any statute, court decision or other provision of law that the AQMD implements, interprets or makes specific by adopting, amending or repealing the rule. (CH&SC Section 40727(b)(6)) |
Rule 300 California H&SC Section 40001. |
========================================================================================
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
1
EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT
RULE 300 - OPEN BURNING
(Adopted: June 17, 1997) (Amended X/XX/XX)
INDEX
300.1 GENERAL
A. FINDINGS AND DECLARATIONS
B. EXEMPTION, AGRICULTURAL BURNING
C. EXEMPTION, BURNING PERMIT
D. EXEMPTION, MINIMUM DRYING TIMES
E. EXEMPTION, NONAGRICULTURAL BURNING
F. EXEMPTION, WILDLAND VEGETATION MANAGEMENT BURNING
300.2 DEFINITIONS
A. AGRICULTURAL BURNING
B. AGRICULTURAL OPERATION
C. AGRICULTURAL WASTE
D. AQMD
E. APCO
F. APPROVED IGNITION DEVICES
G. ARB
H. ATMOSPHERE
I. BURNING PERMIT
J. DESIGNATED AGENCY
K. FOREST MANAGEMENT BURNING
L. HOUSEHOLD RUBBISH
M. LAKE TAHOE AIR BASIN
N. LANDFILL DISPOSAL COST
O. NO-BURN DAY
P. NUISANCE
Q. OUTDOOR FIRES
R. PERSON
S. PRC
T. PRESCRIBED BURNING
U. RANGE IMPROVEMENT BURNING
V. SECTION
W. SILVICULTURAL PRACTICES
X. TIMBER OPERATIONS
Y. WILDLAND VEGETATION MANAGEMENT BURNING
300.3 STANDARDS
A. AGRICULTURAL BURNING
B. FOREST MANAGEMENT/RANGE IMPROVEMENT BURNING
C. MINIMUM DRYING TIMES
D. NO-BURN DAY
E. NONAGRICULTURAL BURNING
F. SMOKE MANAGEMENT
G. WILDLAND VEGETATION MANAGEMENT BURNING
Deleted: APCD
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
2
300.4 ADMINISTRATIVE REQUIREMENTS
A. COMPLIANCE
B. BURNING PERMIT
C. BURN PLAN
D. BURNING REPORT
E. 72-HOUR OUTLOOK/48-HOUR NOTICE
F. 7-DAY NOTICE
300.5 RECORDS
A. RECORDKEEPING
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
3
RULE 300 - OPEN BURNING
300.1 GENERAL
A. FINDINGS AND DECLARATIONS: Open burning of non-vegetative matter releases into the
atmosphere unacceptable levels of pollutants, toxics, and other regulated substances which can
include: respirable particulates, carbon monoxide, heavy metals, acids, oxides of nitrogen and
sulphur, cyanide, and many organics including PCBs, hydrocarbons, furans, dioxins, and
aldehydes. This burning produces ash frequently laden with toxics including heavy metals. The
smoke and ash created by such fires expose County residents to airborne contaminants because of
the County's topography and frequent inversions. Significant potential for soil and water
contamination result from the inappropriate and illegal disposal of ash from such fires. Open
burning of paper contributes to the County's air pollution problem because paper contains a
complex collection of chemicals. Additionally, burning of household wastes, construction wastes,
commercial operations and other wastes, such as tires and petroleum products, are polluting the
County's air.
B. EXEMPTION, AGRICULTURAL BURNING:
1. The burning of empty sacks or containers which contained pesticides or other toxic
substances is exempt from Section 300.3 A.2. of this Rule, provided that the sacks or
containers are within the definition of Agricultural Waste - Section 300.2 C. of this Rule.
2. Agricultural burning above 6,000 feet shall be exempt, providing emissions have no effect
upon Lake Tahoe Air Basin air quality.
3. Residential Maintenance on agriculture property is exempt from Section 300.3 A.2. of this
Rule, providing material is free of tires, tar paper, and construction debris, reasonably free of
dirt, soil, and moisture.
C. EXEMPTION, BURNING PERMIT:
1. Recreational Activities as stated in Section 300.1 E.6. of this Rule.
2. Residential Maintenance as stated in Section 300.1 E.5. of this Rule.
D. EXEMPTION, MINIMUM DRYING TIMES:
1. Disease or pest prevention burning is exempted from drying times.
2. The APCO may, by permit, authorize shorter drying times if the denial of such a permit
would threaten imminent and substantial economic loss.
E. EXEMPTION, NONAGRICULTURAL BURNING:
1. Land Development Clearing. The AQMD finds it more economically desirable to dispose of
unsalable wood waste from trees, vines, and bushes on property being developed for
commercial or residential purposes by burning instead of burial at a sanitary landfill. This
material shall be allowed for disposal by burning in compliance with the following Sections
of this Rule:
a. Section 300.3 C. Minimum Drying Time.
b. Section 300.3 D. No-Burn Day.
c. Section 300.3 F. Smoke Management.
d. Section 300.4 B. Burning Permit.
Deleted: APCD
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
4
2. Ditch and Road Maintenance. The use of open outdoor fires for right-of-way clearing by a
public entity, or utility, or for levee, ditch, or reservoir maintenance shall be allowed in
compliance with the following Sections of this Rule:
a. Section 300.3 C. Minimum Drying Time.
b. Section 300.3 D. No-Burn Day.
c. Section 300.3 F. Smoke Management.
d. Section 300.4 B. Burning Permit.
3. Hazard Reduction.
a. The burning of vegetation such as vines, bushes and waste from trees produced by
fire safe clearing will be allowed when this burning is done in compliance with State
and local law or ordinance to reduce a fire hazard.
b. A burn permit can only be issued by the fire agency with legal control.
c. The burning shall be in compliance with the following Sections of this Rule:
1. Section 300.3 C. Minimum Drying Time.
2. Section 300.3 D. No-Burn Day.
3. Section 300.3 F. Smoke Management.
4. Section 300.4 B. Burning Permit.
d. If a fire officer with jurisdiction determines that a condition exists in which a fire
hazard will have an imminent effect on life, or property, or where other authorized
officials determine that a health hazard exists and that there is no alternative to
burning, certain provisions of this Rule may be waived.
4. Fire Suppression and Training (Section 41801). Nothing in these Rules and Regulations shall
be construed as limiting the authority of any public fire official granted under provisions of
law to:
a. Set or permit a fire when such fire is, in his opinion, necessary for the instruction of
public employees, and/or volunteer firefighters, or on property used for industrial
purposes, when instructing employees in the methods of fighting fires.
b. A Burning Permit from the AQMD must be issued as stated in Section 300.4 B. of
this Rule.
c. Set or cause to be set backfires necessary to save life or valuable property pursuant to
PRC Section 4426 (Section 41801).
5. Residential Maintenance.
a. Burning shall be allowed only if:
1. the material originated from within 100 feet of a single or two family dwelling
2. the material is burned on the premises it originated from,
3. the material is limited to the following material: waste from trees, vines, brush, leaves, lawn clippings and dry plants.
b. Burning shall be managed in compliance with the following Sections of this Rule:
1. Section 300.3 C. Minimum Drying Time.
2. Section 300.3 D. No-Burn Day.
3. Section 300.3 F. Smoke Management.
4. Burn Permit - A burn permit from the designated fire agency may be
required.
c. Prohibited Materials for Outdoor fires:
1. No colored inks/dyes or glossy magazine products.
Formatted: Bullets and Numbering
Deleted: APCD
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
5
2. The burning of Household Rubbish such as items defined in Section
300.2 of this Rule. Treated wood, plastic, clothing, furniture, man-made
by-products or domestic belongings common to a household, including
garbage from such a dwelling.
d. The maintenance of 4 ft x 4 ft piles shall be in compliance with all other fire agencies
and are governed by those agencies.
6. Recreational Activity. Nothing in these Rules and Regulations should be construed as
limiting the use of open outdoor fires for recreational purposes, such as the cooking of food
for human consumption.
a. Material to be burned shall be limited to charcoal briquettes, untreated wood, or
cooking fuels.
b. Burning shall be managed in compliance with Section 300.3 F. Smoke Management
of this Rule.
c. Any other required permit as issued by other agencies shall be obtained and shall be
valid.
F. OPERATION OF MECHANIZED BURNERS (Section 41812).
1. The APCO may authorize, by permit, open outdoor fires for the purpose of disposing of
agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of
non-wood materials, in a mechanized burner such that no air contaminant is discharged for a
period or periods aggregating more than 30 minutes in any eight hour period which is;
a. As dark or darker in shade than the designated No. 1 on the Ringelmann Chart, as
published by the United States Bureau of Mines, or
b. Of such opacity as to obscure an observer's view to a degree equal to or greater than
does smoke described in subsection F.1.a. above.
In authorizing the operation of a mechanized burner the APCO may make the permit subject
to whatever conditions he determines are reasonably necessary to assure conformance with
the standards prescribed in F.1.
G. EXEMPTION, WILDLAND VEGETATION MANAGEMENT:
1. The APCO may exempt project burns smaller in area or tonnage than threshold levels
established by the AQMD.
300.2 DEFINITIONS
A. AGRICULTURAL BURNING -
1. Any open outdoor fire 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
(Section 39011).
2. Any open outdoor fire used in the operation or maintenance of a system for the delivery of
water for purposes specified in subdivision (1).
3. Any open outdoor fires used in wildland vegetation management burning (Section 39011).
B. AGRICULTURAL OPERATION - The growing and harvesting of crops, or the raising of fowl
or animals for the primary purpose of making a profit, or providing a livelihood, or the conduct of
agricultural research or instruction by an educational institution.
Formatted
Formatted
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: ¶
Deleted: Mechanized Burners
Requirements
Deleted: 7
Deleted: District
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
6
C. AGRICULTURAL WASTE -
1. Unwanted or unsalable material produced wholly from agricultural operations directly related
to the growing of crops or the raising of animals for the primary purpose of making a profit or
for a livelihood.
2. Materials not produced wholly from agricultural operations, but which are intimately related
to the growing or harvesting of crops and which are used in the fields, such as fertilizer and
pesticide paper sacks or paper containers where the sacks or containers are emptied in the
fields. This does not include, however, such items as shop wastes, demolition materials,
garbage, oil filters, tires, pesticide plastic containers (except paper pesticide containers),
broken boxes, pallets, or other similar material, or orchard or vineyard wastes removed for
land use conversion to nonagricultural purposes.
D. AQMD - The Air Quality Management District of El Dorado County.
E. APCO - The Air Pollution Control Officer of the Air Quality Management District of El Dorado
County, or designated representative.
F. APPROVED IGNITION DEVICES - Those instruments or materials that will ignite open fires
without the production of black smoke by the ignition device, including such items as liquid
petroleum gas (L.P.G.), butane, propane, or diesel oil burners, flares, or other similar material as
approved by the APCO. Tires, tar, tar paper, oil and other similar materials are not approved
ignition devices.
G. ARB - The California State Air Resources Board, or any person authorized to act on its behalf.
H. ATMOSPHERE - The air that envelopes or surrounds the earth. Where air pollutants are emitted
into a building not designed specifically as a piece of air pollution control equipment, such
emissions into the building shall be considered to be an emission into the atmosphere.
I. BURNING PERMIT - Air Quality Management District Burning Permit is a permit issued by
the AQMD during the non-fire season. Burn Permit is a permit issued by a designated fire agency
and contains the requirements of Section 300.4 B. of this Rule. For any open burning, an
appropriate permit is always required, unless exempted.
J. DESIGNATED AGENCY - Any agency designated by the ARB as having authority to issue
agricultural burning permits. The U.S. Forest Service and the California Department of Forestry
and Fire Protection are so designated within their respective areas of jurisdiction. Fire Agencies
with jurisdiction for a local responsibility area (LRA) may be a designated agency for the purpose
of regulating burning in the LRA only.
K. FOREST MANAGEMENT BURNING - The use of open fires, as part of a forest management
practice, to remove forest debris or for forest management practices which include timber
operations, silvicultural practices, or forest protection practices.
L. HOUSEHOLD RUBBISH - Those items such as treated wood, plastic, clothing, furniture, manmade
products or domestic belongings common to a household, including garbage from such a
dwelling.
Deleted: APCD
Deleted: Pollution Control
Deleted: Pollution Control
Deleted: Pollution Control
Deleted: APCD
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
7
M. LAKE TAHOE AIR BASIN - That portion of El Dorado County within the drainage area
naturally tributary to Lake Tahoe including said Lake.
N. LANDFILL DISPOSAL COST - Means a given volume or specific items of waste charged to
the public. The cost charged to the public for disposal of a given volume or specific items of
waste had the material been disposed of at the landfill.
O. NO-BURN DAY - Any day on which agricultural burning is prohibited by the ARB,the AQMD
or the cognizant fire agency.
P. NUISANCE - Health and Safety Code (Section 41700) shall apply.
Q. OUTDOOR FIRES – The combustion of combustible material of any type outdoors in the open,
not in any enclosure, where the products of combustion are not directed through a flue.. .
R. PERSON - Any person, firm, association, organization, partnership, business, trust, corporation,
company, contractor, supplier, installer, operator, user or owner, any government agency or
public district or any officer or employee thereof.
S. PRC - The Public Resources Code.
T. PRESCRIBED BURNING - The planned application of fire to vegetation to achieve any
specific objective on lands selected in advance of that application. The planned application of fire
may also include natural or accidental ignition (Section 39011).
U. RANGE IMPROVEMENT BURNING - The use of open fires to remove vegetation for a
wildlife, game, or livestock habitat or for the initial establishment of an agricultural practice on
previously uncultivated land.
V. SECTION - As used in these Rules and Regulations, unless some other code is specifically
mentioned, all section references are to the California Health and Safety Code.
W. SILVICULTURAL PRACTICES - Means the establishment, development, care, and
reproduction of stands of timber.
X. TIMBER OPERATIONS - Is the cutting or removal of timber or other forest vegetation.
Y. 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
(Section 39011. c.).
300.3 STANDARDS
A. AGRICULTURAL BURNING:
1. Permissive-Burn or No Burn Days.
Deleted: or
Deleted: APCO
Deleted: Exception - The provisions of
Section 41700 shall not apply to odors
emanating from agriculture operations
necessary for the growing of crops or
raising of fowl or animals.
Deleted: -
Deleted: Any fire not confined within a
building or incinerator
Deleted: Fires conducted in 55-gallon
drums or similar containers are
considered outdoor fires. The
maintenance of 4x4 piles shall be in
compliance with all other fire agencies
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
8
a. A permissive burn or no-burn advisory outlook will be determined as specified in
subdivision (c) of Section 80110 and Title 17 of the California Code of Regulations,
which are adopted by reference.
b. To obtain this information please call the Air Quality Management District.
c. The APCO may regulate total acreage or tonnage that may be burned each day within
the district.
2. Agricultural Burning Requirements.
a. Burning conducted by a Public Agency or through a cooperative agreement or
contract involving a public agency, shall comply with Section 300.3 G. Wildland
Vegetation Management Burning of this Rule.
b. Agricultural burning is allowed by complying with the following Sections of this
Rule:
1. Section 300.3 C. Minimum Drying Time.
2. Section 300.3 D. No-Burn Day.
3. Section 300.3 F. Smoke Management.
4. Section 300.4 B. Burning Permit.
c. No burning shall be conducted for the improvement of land for wildlife or game
habitat until the person desiring to conduct such burning obtains from the Department
of Fish and Game a written statement certifying that the burning is desirable and
proper for the improvement of land for wildlife or game habitat and such statement is
filed with the air pollution control officer having jurisdiction in the area in which the
burning is to take place. As to burning conducted by the Department of Fish and
Game, the department shall, on its own behalf, issue and file such statements (Section
41861).
B. FOREST MANAGEMENT/RANGE IMPROVEMENT BURNING:
1. Forest management and range improvement burning are allowed by complying with the
following Sections of this Rule:
a. Section 300.3 C. Minimum Drying Time.
b. Section 300.3 D. No-Burn Day.
c. Section 300.3 F. Smoke Management.
d. Section 300.4 B. Burning Permit
e. Section 300.4 C. Burn Plan.
f. Section 300.4 D. Burning Report.
g. Section 300.4 E. 72-Hour/48-Hour Forecast.
h. Section 300.4 F. 7-Day Notice.
2. No burning shall be conducted for the improvement of land for wildlife or game habitat until
the person desiring to conduct such burning obtains from the Department of Fish and Game a
written statement certifying that the burning is desirable and proper for the improvement of
land for wildlife or game habitat and such statement is filed with air pollution control officer
having jurisdiction in the area in which the burning is to take place. As to burning conducted
by the Department of Fish and Game, the department shall, on its own behalf, issue and file
such statements (Section 41861). As to burning conducted by the U.S. Forest Service, the
service shall, on it's own behalf issue and file such statements (36CFR241.2).
3. All open outdoor fires shall be ignited only with approved ignition devices as defined in
Section 300.2 of this Rule.
Deleted: Pollution Control
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
9
C. MINIMUM DRYING TIMES:
1. Requirements. To lower the moisture content of the material being burned, the elapsed time
between cutting and burning shall be:
a. A minimum of three days for green straw and stubble.
b. Vegetation such as orchard prunings, small branches, vegetable tops, and seed
screenings, shall be in a dry condition to facilitate combustion and minimize the
amount of smoke emitted.
c. A minimum of six weeks for trees, stumps, and large branches greater than six inches
in diameter or as otherwise determined by the Air Pollution Control Officer.
d. Under Forest Management Burning the drying time shall be specified by the
designated agency.
e. Under Range Improvement Burning the brush may be felled, crushed or uprooted
with mechanical equipment, or desiccated with herbicides, or dead at least six months
prior to the burn if economically and technically feasible.
f. Under Wildland Vegetation Management Burning, drying time will be stated in
the Burn Plan, Section 300.4 C. of this Rule.
D. NO-BURN DAY
1. Prohibitions:
a. No person shall knowingly permit open outdoor fires on days when such burning is
prohibited by ARB, the APCO, or the fire agency with appropriate jurisdiction.
b. Designated fire agencies have authority to prohibit any burning due to high fire
hazard or limitation of available fire fighting or control equipment.
2. Exceptions:
a. The APCO may issue a permit to authorize the use of open outdoor fires on No-Burn
Days, when denial of such a permit would threaten imminent and substantial
economic loss.
b. The APCO may exempt non-agricultural burning on No-Burn Days when air quality
and state or federal standards would not be violated as a result of such burning.
E. NONAGRICULTURAL BURNING:
1. Prohibition: Except as otherwise provided in this Regulation, no person shall use open
outdoor fires for the purpose of disposal or burning of petroleum wastes, demolition debris,
tires, tar, trees, wood waste, household rubbish, or other combustible or flammable solid or
liquid waste; or for metal salvage or burning of motor vehicle bodies (Section 41800).
F. SMOKE MANAGEMENT:
1. Requirements.
a. Material to be burned shall be arranged so that it will burn with a minimum of smoke.
b. Only the amount that can reasonably be expected to completely burn within the
following twenty-four hours should be ignited in any one day, except for large trees
(diameter of six or more inches). Does not include prescribed burning.
c. All outdoor fires shall be ignited only with approved ignition devices as defined in
Section 300.2 of this Rule.
d. Material to be burned shall be ignited as rapidly as practicable within applicable fire
control restrictions.
e. Burning shall be curtailed when smoke drifting into a nearby populated area becomes
a public nuisance.
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
10
f. No material shall be burned unless it is free of tires, household rubbish, tar paper, and
construction debris; is reasonably free of dirt, soil, and moisture; and is loosely
stacked in such a manner to promote drying and insure combustion with a minimum
of smoke.
G. WILDLAND VEGETATION MANAGEMENT BURNING:
1. Wildland vegetation management burning is allowed by complying with the following
Sections of this Rule:
a. Section 300.3 C. Minimum Drying Time.
b. Section 300.3 D. No-Burn Day.
c. Section 300.3 F. Smoke Management.
d. Section 300.4 B. Burning Permit
e. Section 300.4 C. Burn Plan.
f. Section 300.4 D. Burning Report.
g. Section 300.4 E. 72-Hour/48-Hour Forecast.
h. Section 300.4 F. 7-Day Notice.
2. This Section of this rule applies to all burning which meets the definition as stated in Section
300.2 of this Rule, regardless of whether such burning also meets another definition within
this regulation.
3. All open outdoor fires shall be ignited only with approved ignition devices as defined in
Section 300.2 of this Rule.
4. The APCO will regulate burning or require mitigation when the meteorological conditions
could otherwise cause smoke to create or contribute to an exceedance of a state or federal
ambient air quality standard or cause a public nuisance.
5. Vegetation burned shall be free of tires, household rubbish, tar paper or construction debris,
and reasonably free of dirt and soil.
6. Vegetation will be in a condition to facilitate combustion and minimize the amount of smoke
emitted during combustion.
300.4 ADMINISTRATIVE REQUIREMENTS
A. COMPLIANCE:
1. Enforcement. These Rules and Regulations shall be enforced by the APCO under authority of
Section 40001, 40702, 40752, and all officers empowered by Section 40120.
2. Penalty. Penalties will be assessed as stated in Section 42400, 42400.1 and 42400.5, for any
violation; 41852 and 41800 is a misdemeanor as stated in the Health and Safety Code.
3. In lieu of any other civil and criminal penalties, administrative civil penalties are as follows:
a. Administrative Civil Penalties:
1. 1st Violation: $100.00 to $250.00 per violation per day.
2. 2nd Violation: $250.00 to $500.00 per violation per day.
3. 3rd Violation: Maximum penalty, $1000.00 per violation per day. All
burning privileges suspended.
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
11
b. Land Development Burning:
1. 1st Violation: $250.00 to $500.00 per violation per day.
2. 2nd Violation: $1000.00 minimum, plus 50% of disposal costs.
3. 3rd Violation: Maximum penalty, $1000.00 per violation per day of Rule
300, plus disposal costs. All burning privileges are suspended.
The AQMD may recover any fire suppression costs attributed to extinguishing fire to be in
violation of these rules and reimburse the Fire District or Fire Agency involved.
B. BURNING PERMIT:
1. Requirements.
a. No person shall knowingly set or permit open outdoor fires unless that person has
been issued a valid permit by the APCO or a designated agency (Section 41852 and
PRC Section 4423).
b. A permit shall not be issued unless information is provided as required by the APCO
or a designated agency, including:
1. Name and address of the applicant.
2. Location of proposed burn.
3. Acreage or estimated tonnage, and type of material to be burned.
c. Each permit issued shall bear a statement of warning containing the following words
or words of like or similar language:
“This permit is valid only on those days during which agricultural burning is not
prohibited by the California Air Resources Board or the El Dorado County Air
Quality Management District pursuant to section 41855 of California Health and
Safety Code Section 41854”.
d. A permit shall not be valid unless information is provided as required by the
designated fire protection agency for fire protection purposes.
e. The designated agency shall forward the permit information received from applicants
to the APCO upon request.
f. Such person, or his representative, shall have the permit available for inspection at
the burn site during the burn.
C. BURN PLAN: The following information will be provided to the APCO for review and
approval at least thirty (30) days in advance of the proposed burn.
1. Location and specific objectives of proposed burns.
2. Acreage or tonnage, type, and arrangement of vegetation to be burned.
3. Directions and distance to nearby sensitive receptor areas.
4. Fuel condition, combustion, and meteorological prescription elements, developed for the
project.
5. Projected schedule and duration of project ignition, combustion and burn down.
6. Specifications for monitoring and verifying critical project parameters.
Deleted: APCD
Deleted: "THIS PERMIT IS VALID
ONLY ON THOSE DAYS DURING
WHICH AGRICULTURAL BURNING
IS NOT PROHIBITED BY THE
STATE AIR RESOURCES BOARD OR
THE AIR POLLUTION CONTROL
DISTRICT PURSUANT TO SECTION
41855 OF THE HEALTH AND
SAFETY CODE" (SECTION 41854).
El Dorado County Air Quality Management District Rule 300-Open Burning
June 3, 2008
12
7. Specifications for disseminating project information.
8. Statement from U.S. Forest Service of the intent to use of prescribed fire as the primary
objective for wildlife habitat improvement.
D. BURNING REPORT A report of burning during each calendar year shall be submitted to the
AQMD within 15 days of the end of the calendar year. The report shall include the estimated
tonnage or acreage of each type of waste burned during the calendar year.
E. 72-HOUR OUTLOOK/48-HOUR NOTICE To receive a permissive burn or no-burn notice, a
permittee must submit a request for notice to the ARB at least seven days before the date of the
burn. A permissive-burn or no-burn advisory outlook will be available up to 72 hours in advance
of the burn date. A notice will be issued up to 48 hours before the scheduled commencement of
the burn project; however, the ARB may cancel permissive burn notices that have been issued
more than 24 hours before project commencement if such cancellation is necessary to maintain
suitable air quality.
F. 7-DAY NOTICE
1. Notification of the AQMD office shall be made at least 7 days in advance of the planned
projects. If the target burn day is not met in the month of the notification, a new 7 days notice
shall be required.
2. Exception to the 7 day notice are permissible when weather and prescription elements, as
specified in the burn plan, will meet project objectives in less time. Notifications to the
AQMD office should not be less than 48 hours when these situations occur.
300.5 RECORDS
A. RECORDKEEPING: The following records shall be maintained for three (3) years and shall be
provided to the Air Pollution Control Officer upon request:
1. Burn Plans - Three (3) years from date of burn plan approval.
2. Burning Reports - Three (3) years from the date of the report.
