NORTH COAST UNIFIED AIR QUALITY MANAGMENT DISTRICT
ADOPTED BY THE BASIN CONTROL COUNCIL
OF THE CALIFORNIA NORTH COAST AIR BASIN
May 13, 1976
February 1, 1980
October 7, 1983
October 1, 1987
June 7, 1988
SCHEDULE OF ADOPTION
AIR POLLUTION CONTROL BOARDS
DEL NORTE COUNTY APCD*
Adopted on Aug 09, 1976
Revised on Mar 31, 1980
HUMBOLDT COUNTY APCD*
Adopted on Jul 13, 1976
Revised on Apr 08, 1980
MENDOCINO COUNTY APCD
Adopted on Jun 22, 1976
Revised on Apr 01, 1980, Dec 12, 1983, Sep 11, 1984, Jun 07, 1988
TRINITY COUNTY APCD*
Adopted on Jul 12, 1976
Revised on Apr 07, 1980
NORTHERN SONOMA COUNTY APCD
Adopted on Jul 12, 1976
Revised on Jan 20, 1981
NORTH COAST UNIFIED AQMD
Adopted on Nov 03, 1982
Revised on Mar 14, 1984, Aug 13, 1987
* Merged into North Coast Unified Air Quality Management District on Nov 01, 1982
OPEN BURNING PROCEDURES
CALIFORNIA NORTH COAST AIR BASIN
2-100 GENERAL PROVISIONS
101 - Restrictions and Description
102 - Exemptions
301 - Open Burning - Agricultural
302 - Open Burning - Non-Agricultural
303 - Burn Day Determination
304 - Burning Permits
305 - Designated Fire Agencies
401 - Burning Preparation and Restrictions
501 - Prohibitions
502 - Penalties
APPENDIX A - Humboldt Bay Air Basin
APPENDIX B - Ukiah-Little Lake Air Basin
2-100 GENERAL PROVISIONS
2-101 - RESTRICTIONS AND DESCRIPTIONS
This regulation prohibits the use of open outdoor fires within the North Coast Air Basin with certain exceptions as outlined in Section 2-102.
No person shall ignite or cause to be ignited or suffer, allow or maintain any open outdoor fire for the disposal of rubber, petroleum or plastic wastes, demolition debris, tires, tar paper, wood waste, asphalt shingles, linoleum, cloth, household garbage or other combustible refuse; or for metal salvage or burning of motor vehicle bodies.
(102.1) Fires used only for the cooking of food for human consumption or fires used for recreational purposes.
(102.2) Fires set or permitted by any public officer when such fire is necessary for any of the following purposes: (H&S 41801)
102.2.01 - The prevention of an imminent fire hazard, as defined in
102.2.02 - The instruction of public employees in the methods of fighting fires.
102.2.03 - The instruction of employees in methods of fighting fire, when such fire is set pursuant to permit, on property used for industrial purposes.
102.2.04 - The setting of backfires necessary to save life, or valuable property pursuant to Section 4426 of the Public Resources Code.
102.2.05 - The abatement of fire hazards pursuant to Section 13055 H & S Code. (Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county fire department, the Department of Forestry, and the United States Forest Service, may use fire to abate a fire hazard.)
102.2.06 - Disease or pest prevention, where there is an immediate need for, and no reasonable alternative to burning.
(102.3) Fires used for the disposal of non-industrial wood waste from trees, vines, and brush at any approved disposal site in the North Coast Air Basin subject to the restrictions and limitations of 2.101.1 and 2-400 (H & S 41804.5)
(102.4) Fires set in accordance with Sections 2-300 of this regulation and subject to the restrictions and limitations of 2.101.1 and 2-400(H & S 41804.5)
(102.5) Fires conducted in a mechanized burner subject to permit conditions specified by the District such that no air contaminant is discharged into the atmosphere for a period or periods aggregating more than 30 minutes in any eight hour period which is:
102.5.01 - As dark or darker in shade as that designated as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines; or
102.5.01 - Of such opacity as to obscure an observer's view to a degree equal to 102.5.01.
2-201 - AGRICULTURAL BURNING
Open outdoor fires 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. (H & S 39011<a>)
2-202 - ARB-California Air Resources Board
2-203 - APPROVED COMBUSTIBLES
Paper, cardboard, brush, trees, native vegetation, or other materials not prohibited by H & S Code Section 41800 through 41864 and as approved by the District.
2-204 - BRUSH TREATED
Material to be burned that has been felled, crushed, or uprooted with mechanical equipment or has been desiccated with herbicides or is dead.
2-205 - 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 are so designated within their respective areas of jurisdiction.
2-206 - DISTRICT
The Air Pollution Control or Air Quality Management District having jurisdiction in the area of the proposed burning.
2-207 - FIRE HAZARD
For purposes of this Regulation, there are two types of fire hazards, imminent and potential:
(207.1) An imminent fire hazard is described as a hazard which presents imminent dangers to the health and/or safety of a person or persons and which becomes necessary for direct prevention of fire, and because of its imminency, not considerable for abatement by any other means. (H & S 41801<a>)
(207.2) A potential fire hazard is described as one which could in time present a hazard to the health and/or safety of a person or persons but which does not impose imminent fire danger and which is not abatable by any other means.
2-208 - 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, sylvicultural practices or forest protection practices.
(208.1) Forest debris shall cease to be classified as agricultural waste once it has been removed from its original forest location, to its initial processing plant; or is removed to a log storage area which is not contiguous with the forested area.
(208.2) Forest debris created from culling or salvaging operations within the forested area may be classified as agricultural waste if said operations result in a net reduction in total forest debris to be burned.
2-209 - NO BURN DAY
Any day on which agricultural burning is prohibited by the ARB or by
2-210 - NORTH COAST AIR BASIN
That area comprising the North Coast Unified Air Quality Management District, the Mendocino County Air Pollution Control District, and the Northern Sonoma County Air Pollution Control District.
2-211 - OPEN OUTDOOR FIRE
Any combustion of combustible materials of any type, outdoors in the open, not in any enclosure, where the products of combustion are not directed through a flue.
2-112 - PERMISSIVE BURN DAY
Any day on which agricultural burning is not prohibited by the ARB or by the District.
2-213 - PRESCRIBED BURNING
The planned application of fire to vegetation on lands selected in advance of such application, where any of the purposes of the burning are specified in the definition of agricultural burning.
2-214 - 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; or reestablishment of an agricultural practice on land inundated by flood deposited debris.
2-215 - SYLVICULTURE
The establishment, development, care, and reproduction of stands of timber.
2-216 - TIMBER OPERATIONS
Cutting or removal of timber or other forest vegetation.
2-217 - WILDLAND VEGETATION MANAGEMENT BURNING
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.
2-301 - OPEN BURNING - AGRICULTURAL
With respect to the limitations of 2-400 open outdoor fires may be allowed
only for the disposal of approved combustibles only on permissive burn
days in the following agricultural operations as defined in 2-200.
(301.1) Agricultural - The growing of crops or raising of fowl or animals.
(301.2) Range Improvement - To remove unwanted vegetation or to establish an agricultural practice.
(301.3) Forest Management - To remove forest debris.
(301.4) Wildlife Management - The use of range improvement burning to enhance a wildlife or game habitat.
(301.5) Wildland Vegetation Management - The use of prescribed burning.
2-302 - Open Burning Non-Agricultural
Open outdoor fires may be allowed only for the disposal of approved combustibles on permissive burn days in the following non-agricultural operations.
(302.1) Single or Two-Family Dwellings - The disposal of approved combustibles burned on the property where generated is not restricted to permissive burn days except in the following areas:
The Humboldt Bay Air Basin (Appendix A)
The Ukiah-Little Lake Air Basin (Appendix B)
(302.2) Property Development - The disposal of wood waste from trees, vines, or brush on the property where grown and which is being developed for commercial or residential purposes (H & S 41802).
(302.3) Fire Hazard Reduction - The disposal of brush cuttings resulting from brush clearance done in compliance with local ordinances to reduce fire hazard on the property where grown (H & S 41802).
(302.4) Right of Way Clearing - A public entity or a utility.
(302.5) Levee, Reservoir and Ditch maintenance.
2-303 BURN DAY DETERMINATION
(303.1) Information as to whether a day is a permissive burn day or a no-burn day will be available from the designated agencies listed under 2-305 of this regulation, and will be transmitted to the general public by announcement over local radio and television stations. 24-hour burn conditions may be obtained by phoning:
North Coast Unified AQMD (707) 443-3091
Mendocino County APCD (707) 468-4391
Northern Sonoma Co. APCD (707) 544 BURN
(303.2) Burning decisions will be made covering the entire California North Coast Air Basin; however, more restrictive conditions may be imposed for localized problem areas.
(303.3) Upon request from a permittee through a designated agency, seven days in advance of a specific range improvement, forest management of wildland vegetation management burn at any elevation below 6000 feet (MSL), a permissive-burn or no-burn notice will be issued by the ARB up to 48 hours prior to the date scheduled for the burn. Without further request, a daily notice will continue to be issued until a permissive-burn notice is issued.
(303.4) A permissive-burn or no-burn advisory outlook will be available up to 72 hours in advance of burns specified in 303.3.
(303.5) The ARB or the District may cancel permissive-burn notices that have been issued more than 24 hours in advance if the cancellation is necessary to maintain suitable air quality.
2-304 BURNING PERMITS
(304.1) Permits may be required as follows:
304.1.01 - Agricultural Burning permits are required and issued by the appropriate designated agency listed in 2-305.
304.1.02 - Single and Two-Family Dwellings permit requirements of the fire control agency having jurisdiction in the area of the burn must be met for the burning of approved combustibles on the property.
304.1.03 - Property Development permits are required from the District for the disposal of brush clearance when done on the property where grown. Fire control agency permit requirements must be met.
304.1.04 - Fire Hazard Reduction permits are required from the District for the disposal of brush cuttings resulting from brush clearance done in compliance with local ordinances to reduce fire hazard on the property where grown. Fire control agency permit requirements must be met. (H & S 41802)
NOTE: District permits are preempted from the requirements of this regulation for the abatement of an imminent fire hazard as defined in 207.1 and pursuant to State Law (H & S Code 13055).
304.1.05 - Right of Way Clearing, Ditch, Levee and Reservoir Maintenance a permit may be required from the District (check with the appropriate District). Permit requirements of the fire control agency having jurisdiction in the area of the burn must also be met.
(304.2) Each applicant for an agricultural burning permit in accordance with 2-301 of this regulation shall supply such additional information as is required by the ARB or the District.
(304.3) Permits issued for agricultural burning shall bear a statement of warning containing the following words or words of similar import:
"This permit is valid only on those days during which agricultural burning is not prohibited by the ARB or the District pursuant to H & S Code 41855."
(304.4) Range improvement or forest management burning may be conducted by permit from a designated agency on no-burn days during the period between January 1 and May 31, providing that more than 50% of the land has been brush treated. The ARB may prohibit burning during this period if in the opinion of the Board, such prohibition is required for the maintenance of air quality.
304.4.01 - If the burn is to be done primarily for the improvement of land for wildlife or game habitat the Department of Fish and Game may specify the amount of brush treatment required.
304.5 Special permits for agricultural burning on no-burn days may be issued by the District if denial of such permit would threaten imminent and substantial economic loss.
2-305 DESIGNATED AGENCIES
Agricultural burning permits are issued ONLY by the following designated agencies within their areas of jurisdiction:
Arcata Fire Protection District
California Department of Forestry
Cloverdale Fire Department
Eureka Fire Department
Forestville Fire Protection District
Fort Bragg Fire Department
Guerneville Fire Protection District
Healdsburg Fire Department
Humboldt Fire District No.1
Little Lake Fire Protection District (Willits)
Mendocino County Air Pollution Control District
North Coast Unified Air Quality Management District
Northern Sonoma County Air Pollution Control District
Potter Valley Fire Department
Redwood Valley-Calpella Fire District
Round Valley Fire District (Covelo)
Ukiah Valley Fire Protection District
United States Bureau of Indian Affairs
United States Forest Service
2-401 - BURNING PREPARATION AND RESTRICTION
The following limitations, in addition to 2-101.1 apply to all burning allowed by 2-102.3 and 2-300.
(401.1) The waste to be burned shall be reasonably free of dirt, soil and excess moisture and whenever possible, shall be piled or windrowed in such a manner as to burn with maximum possible heat intensity and minimum smoke.
(401.2) All open burning operations falling within the scope of these procedures must provide for ignition of the fuel pile by fuel blivets, drip torches, diesel sprayers, or other approved ignition devices.
(401.3) The waste to be burned must be ignited as rapidly as practicable within applicable fire control regulations.
(401.4) The waste shall be free of tires, tar paper, garbage or other types of rubbish likely to cause excessive smoke or odor.
(401.5) The waste shall be allowed to dry for the following minimum time periods before burning:
401.5.01 - Trees and branches over 6 inches in diameter - 30 days.
401.5.02 - Brush, vines, bushes, prunings and small branches - 15 days.
401.5.03 - Field crops and weeds - 7 days.
401.5.04 - Other materials - drying times will be determined by the District.
(401.6) Minimum drying periods may be waived by the District only on submittal of acceptable evidence that the material to be burned contains less than 25 percent moisture.
(401.7) Burning of waste after shorter drying times may be allowed by permit from the District only on submittal of acceptable proof that the denial of such permit would threaten imminent and substantial economic loss.
(401.8) With respect to range improvement burning, brush shall be treated at least 6 months prior to burning along with the felling of any unwanted trees over 6 inches in diameter, unless acceptable proof can be submitted that such treatment is technically and economically unfeasible.
(401.9) All persons desiring to burn under the provisions of 301.4 shall provide the District with written certification from the Department of Fish and Game stating that the burning is desirable and proper.
(401.10) NON-AGRICULTURAL burning conducted under the provisions of 2-302.2 and 2-302.3 shall provide for:
401.10.01 - All wood waste to be free of material not grown at the site.
401.10.02 - Brush to be treated at least 60 days prior to the burn if economically and technically feasible.
401.10.03 - Trees over 6 inches in diameter to be felled and dried prior to the burn.
401.10.04 - Burning may be prohibited by the District on permissive burn days if smoke would be transported to a nearby populated area.
(401.11) Burning under the provisions of 2-300 may be prohibited by the District if it is determined that meteorological conditions could cause smoke to create or contribute to an exceedance of a state or federal air quality standard or cause a public nuisance.
(401.12) Burning under the provisions of 301.5 shall be limited to 5000 total acres daily basin wide.
(401.13) For projects of 2000 acres or larger burning under the provisions of 301.5 the following information shall be provided the District for review and approval at least 10 days in advance of the proposed burning:
401.13.01 - Location and object of the burn;
401.13.02 - Acreage, type, and arrangement of vegetation to be burned;
401.13.03 - Directions and distances to nearby sensitive receptor areas;
401.13.04 - Fuel condition, combustion, and meteorological prescription elements provided for the project;
401.13.05 - Project schedule and duration of project ignition, combustion, and burn down;
401.13.06 - Specifications for monitoring wind speed and direction, and determining fuel conditions;
401.13.07 - Specifications for disseminating project information.
2-501 - PROHIBITIONS
(501.1) No person shall set, or allow to be set, any open outdoor fires on days when prohibited by the ARB, or by the District, unless specifically exempted by the provisions as outlined in 2-102 of this regulation.
(501.2) No person shall set, or allow to be set, any open outdoor fires as may be allowed by 2-301 and 2-302, or this regulation, unless he has a valid permit from a designated Fire Control Agency and/or the District as required in 2-304 of this regulation.
(502.1) Any violation of the open burning requirements stated in this regulation is a misdemeanor punishable by imprisonment in the County Jail not exceeding six months, or by fine not exceeding one-thousand dollars ($1,000.00) or both, and the cost of putting out the fire. Every day, during any portion of which such violation occurs, constitutes a separate offense.
(502.2) Any person who intentionally or negligently violates any order of abatement issued by a District pursuant to H & S Code 42450, by a hearing board pursuant to H & S 42451, or by the state board pursuant to H & S 41505 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs.