TUOLUMNE COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 310 - MISCELLANEOUS BURNING

310.1 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, plastics, construction or demolition debris, tires, tar, trees, wood waste, or other combustible or flammable solid or liquid waste; or for metal salvage or burning of motor vehicle bodies. (Section 41800)









310.2 Exceptions

A. Land Development Clearing

1. The APCD finds it more economically desirable to dispose of 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.

2. This material shall be allowed for disposal by burning in compliance with the following Rules:

a. Rule 302 Burning Permit

b. Rule 303 Burn and No-Burn Day

c. Rule 304 Burning Management

d. Rule 305 Minimum Drying Times

3. Any other required permits as issued by other agencies shall be obtained and shall be valid.

B. Ditch and Road Maintenance

1. 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 Rules:

a. Rule 302 Burning Permit

b. Rule 303 Burn and No-Burn Day

c. Rule 304 Burning Management

d. Rule 305 Minimum Drying Times

2. Any other required permits as issued by other agencies shall be obtained and shall be valid.

C. Hazard Reduction

1. The burning of vegetation such as, vines, bushes and waste from trees produced by fire safe clearing on property where grown will be allowed when this burning is done in compliance with State and local law ordinance to reduce a fire hazard. (Section 41802)

2. The burning shall be done in compliance with the following Rules:

a. Rule 302 Burning Permit

b. Rule 303 Burn and No-Burn Day

c. Rule 304 Burning Management

d. Rule 305 Minimum Drying Times

3. Any other required permits as issued by other agencies shall be obtained and shall be valid.

4. 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, all other provisions of this Regulation shall be waived.

D. Fire Suppression and Training

Nothing in these Rules and Regulations shall be construed as limiting the authority of any public fire official granted under provisions of law to:

1. Set or permit a fire when such fire is, in his opinion, necessary for the instruction of public employees, and/or volunteer firemen, or on property used for industrial purposes, when instructing employees in the methods of fighting fires.

2. The burning shall be done in compliance with Rule 302, Burning Permit Requirements, and prior approval of the APCO.

3. Set or cause to be set backfires necessary to save lives, or valuable property pursuant to Section 4426 of the Public Resources Code. (Section 41801)

E. Residential Maintenance.

The burning of residential rubbish, that which originates from a single or two family dwelling, limited to untreated wood, paper, cardboard, tree trimmings, leaves, lawn clippings, and plants shall be allowed under the following conditions:

1. Burning shall be allowed only on the premises where the material originated.

2. Burning is allowed by complying with the following Rules:

a. Rule 303 Burn and No-Burn Day

b. Rule 304 Burning Management

c. Rule 305 Minimum Drying Times

3. Any other required permit as issued by other agencies shall be obtained and shall be valid.

F. Recreational Activity

The use of open outdoor fires in recreational activities shall be allowed under the following conditions:

1. Material to be burned shall be limited to charcoal, untreated wood, or cooking fuels.

2. Burning shall be managed in compliance with Rule 304, Burning Management.

3. Any other required permit as issued by other agencies shall be obtained and shall be valid.

G. Mechanized Burner Requirements

The APCO may authorize, by permit, open outdoor fires for the purpose of disposing 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:

1. As dark or darker in shade as that designated No.1 on the Ringlemann Chart, as published by the United States Bureau of Mines, or

2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection A of these rules.

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 this Regulation. (Section 41812)

H. Non-Industrial Wood Waste by City or County

The disposal by a city or county of non-industrial wood waste from trees, vines and brush at sites located above 1500 feet elevation mean sea level will be allowed. Burning under this subdivision requires a permit from the Air Pollution Control Officer, approval by the Air Resources Board, and is further subject to the conditions specified in Section 41803, 41804 and 41804.5 of the Health and Safety Code.