GLENN COUNTY AIR POLLUTION CONTROL DISTRICT

***** ARTICLE II AGRICULTURAL BURNING *****

INDEX

SECTION 10 AGRICULTURAL BURNING PERMITS
SECTION 10.1 AGRICULTURAL BURNING, MONITORING, MAINTENANCE AND PERMIT FEE
SECTION 11 REPORTING-RECORDING
SECTION 11.1 AGRICULTURAL WASTE BURNING RESTRICTIONS
SECTION 12 HOURS OF BURNING
SECTION 13 NO-BURN DAYS
SECTION 13.1 RESTRICTED BURN AND QUOTA BURN DAY
SECTION 14 PREPARATION OF MATERIAL TO BE BURNED
SECTION 14.1 RANGE IMPROVEMENT BURNING
SECTION 14.2 FOREST MANAGEMENT BURNING
SECTION 14.3 RICE STRAW BURNING
SECTION 14.4 WILDLAND VEGETATION MANAGEMENT BURNING
SECTION 15 ACREAGE LIMITATION
SECTION 16 EXCEPTIONS
SECTION 17 TIRES
SECTION 18 FIRE PREVENTION
SECTION 19 BURNING ON NO-BURN DAYS
SECTION 20 ORCHARD HEATERS
SECTION 21 FIRE PERMIT DISTRICTS
SECTION 22 PERMIT FORM



SECTION 10  AGRICULTURAL BURNING PERMITS. No person knowingly shall set or permit agricultural burning unless he has a valid permit from the local agency designated in Section 21 of these Regulations, and conducts such burning under conditions set forth in such permit. An agricultural burning permit shall be valid for the calendar year for which issued, unless canceled or an earlier date of expiration is specified on the permit.
Sec 10.1

AGRICULTURAL BURNING/MONITORING, RECORD MAINTENANCE AND PERMIT FEES. Each applicant shall pay a fee upon application for a permit or emission credit certificate based on the following schedule:

The permit or certificate shall cover burning for the calendar year or cropping year for which the permit was issued, as determined by the Air Pollution Control Office. For rice straw, crops for which burned acres cannot be determined, emission credit certificates, and open biomass burning the fee shall be based on total planted acres.  

SECTION 11  REPORTING-RECORDING. Each person who holds a valid agricultural burning permit shall record, (report), on the date the kind of waste to be burned, the acres or tons of waste to be burned, and such other information as may be required by the Control Officer prior to burning. In addition to other penalties of law, the Control Officer may order the cancellation of any agricultural burning permit if the permittee fails to report or record as required by this section. The Control Officer may limit the duration of agricultural burning permits of persons who fail to submit their reports as required. The Control Officer may also require that requests for future agricultural burning permits be denied until such time as the reports required by this section are submitted. It is unlawful for anyone to submit a false report.
Sec 11.1 AGRICULTURAL WASTE BURNING RESTRICTIONS.All rice, barley, oat and wheat straw shall be ignited only by stripfiring into the wind or by backfiring except under a special permit of the district issued when and where extreme fire hazards are declared by a public fire protection agency to exist, or where crops are determined not to lend themselves to these techniques. 
Sec 11.2  Field crop acreage which was harvested prior to September 10th of any calendar year shall not be burned during the period from October 1st through November 15th (dates inclusive), unless written authority is given by the district on a form approved by the Sacramento Basinwide Control Council. 
SECTION 12 

HOURS OF BURNING. Permits issued for agricultural burning pursuant to Section 10 shall restrict the ignition of fires to the period(s) between:

  1. 8:30 a.m. and 5:00 p.m. for prunings from trees or vines.
  2. 10:00 a.m. and 5:00 p.m. for all other agricultural waste.

No person shall knowingly ignite, or permit to be ignited, any fire for the purpose of agricultural burning except during these hours or as established by the Basin Burn Plan or Burn Permit. 

SECTION 13  NO-BURN DAYS. No person shall knowingly set or permit agricultural burning on days within a period prohibited by the California Air Resources Board pursuant to Section 41855 of the Health and Safety Code, nor on "No-Burn Days" declared by the Control Officer pursuant to Section 15 of these Regulations.
Sec 13.1. RESTRICTED BURN AND QUOTA BURN DAY. Any agricultural burning permit issued pursuant to these regulations shall not be valid on any quota or restricted burn day, unless approval for the proposed burn is received by the permittee prior to burning from the Air Pollution Control Officer. 
SECTION 14 

PREPARATION OF MATERIAL TO BE BURNED. Materials to be disposed of by open fires in agricultural operations shall be dry enough to assure complete combustion, and shall be free from extraneous materials. The following are minimum standards for the preparation of material to be disposed of by open fires in agricultural operations.

  1. Material to be burned shall be free of extraneous materials including, but not limited to, tires, rubbish, tar paper and construction debris.
  2. Material to be burned shall be arranged so that it will burn with a minimum of smoke and, except for large trees and refuse from clover harvesting, only that amount that can reasonably be expected to completely burn within the following twenty-four (24) hours shall be ignited on any one day.
  3. Material to be burned shall be reasonably free of dirt, soil and visible surface moisture.
  4. To lower the moisture content of material to be burned by open fires in agricultural operations, the elapsed time between cutting and burning shall be:
    1. A minimum of three (3) days for stubble, except rice straw. (See 14.3).
    2. A minimum of thirty (30) days for trees, stumps and large branches greater than six (6) inches in diameter, and such time necessary to assure rapid and complete combustion with a minimum of smoke.
    3. Sufficient time for other material such as orchard prunings, small branches, stubble, vegetable tops and seed screenings to assure rapid and complete combustion with a minimum of smoke.
    4. The Control Officer may by permit authorize open burning in agricultural operations in shorter times if the denial of such permit would threaten imminent and substantial economic loss.

Sec 14.1. 

RANGE IMPROVEMENT BURNING. In addition to the general agricultural burning requirements of this Article, range improvement burning shall be performed in compliance with the following:

  1. Only approved ignition devices shall be used for the ignition of fires used in range improvement burning. The Air Pollution Control Officer shall prepare and publish a list of devices that he has approved for the purpose of igniting fires used in range improvement burning.
  2. Fires used in range improvement burning shall be ignited as rapidly as possible consistent with applicable fire control restrictions.
  3. Range improvement burning shall not be performed when the ground wind speed exceeds eight (8) miles per hour in the direction of any populated area within one (1) mile of the burn.
  4. Brush to be disposed of during a range improvement burn shall be treated at least six months prior to the burn. The Air Pollution Control Officer may, by permit, authorize range improvement burning of brush without the required treatment if he finds that it is not economically and technically feasible.
  5. Unwanted trees over six inches in diameter shall be felled and dried for thirty (30) days prior to a range improvement burn.
  6. No range improvement burning shall be done primarily for improvement of land for wildlife and game habitat unless prior to the burn the permit applicant files with the Air Pollution Control Officer, a statement from the Department of Fish and Game certifying that the burn is desirable and proper.
  7. A total of no more than 3,000 acres may be burned per day for range improvement within the district. 
Sec 14.2. 

FOREST MANAGEMENT BURNING. In addition to the general agricultural burning requirements of this Article, forest management burning shall be performed in compliance with the following:

  1. Only approved ignition devices shall be used for the ignition of fires used in forest management burning. The Air Pollution Control Officer shall prepare and publish a list of devices that he has approved for the purpose of igniting fires used in forest management burning.
  2. Fires used in forest management burning shall be ignited as rapidly as possibly consistent with applicable fire control restrictions.
  3. Forest management burning shall not be performed when the ground wind speed exceeds eight (8) miles per hour in the direction of any populated area within one mile of the burn.
  4. Waste to be disposed of by forest management burning shall not be burned within thirty (30) days of cutting.
  5. Waste to be disposed of by forest management burning shall be free of tires, rubbish, tar paper and construction debris.
  6. Waste to be disposed of by forest management burning shall be windrowed or piled, unless good silvicultural practice dictates otherwise.
  7. Waste to be disposed of by forest management burning shall be reasonably free of dirt and soil, and so piled or prepared that it will burn with a minimum of smoke.
  8. A total of no more than 3,000 acres may be burned per day for forest management burning within the district. 
Sec 14.3. 

RICE STRAW BURNING. In addition to the general agricultural burning requirements of this article, rice straw burning shall be performed in compliance with the following:

  1. All rice harvesters shall employ a mechanical straw spreader to insure even distribution of the straw, except that rice straw may be left in rows providing it meets drying time criteria prior to a burn as described in C. of this Section.
  2. No spread rice straw shall be burned prior to a three (3) day drying time after harvest.
  3. No rowed rice straw shall be burned prior to a ten (10) day drying time after harvest.
  4. Rice straw rowed or spread may be burned prior to the 3 to 10 day drying period if the straw makes an audible crackle when tested just prior to burning with the testing method described in F. below of this Section.
  5. After a rain exceeding .15 inch (fifteen hundredths of an inch), rice straw shall not be burned unless the straw makes an audible crackle when tested just prior to burning with the testing method described in F. below of this Section.
  6. When testing field for moisture, the person responsible for the fire or his agent shall test a composite sample of straw from under the mat, in the center of the map and from different areas of the fields to insure a representative sample. The composite handful of straw shall be grasped in both hands and bent sharply. If the straw makes an audible crackle when bent sharply the straw has passed the test.
  7. Rice stubble is to be ignited only by stripfiring into the wind or by backfiring except where and when extreme fire hazards are declared to exist by the appropriate fire control agency. 
 Sec 14.4

WILDLAND VEGETATION MANAGEMENT BURNING. In addition to the general agricultural burning requirements of this article, wildland vegetation management burning shall be performed in compliance with the following:

  1. Any proposed burn which encompasses a land area greater than 30.0 acres and which occurs at or above a mean elevation of 1000 feet shall submit a burn plan to the Air Pollution Control District at least seven (7) days prior to the burn. A burn plan shall include the following data:
    1. Acreage covered by the burn
    2. Location of the burn site
    3. Type and condition of fuel and objectives of the burn
    4. Direction and distance to populated or sensitive receptor areas
    5. Project burn schedule (ignition to burndown) and fuel combustion prescription elements
    6. Meteorological prescription and forecast for the burn
    7. Specifications for monitoring and verifying project parameters
    8. Procedures for notifying the public and other agencies of the burn
  2. Burn plans proposed for the fallburn season (September 15 through November 30) shall be submitted to the APCD by September 10.
  3. During the fall burn season, the APCD shall be notified 48 hours prior to the proposed burn in order that the appropriate air quality management decisions can be made.
  4. No more than 1,500 acres of wildland vegetation as defined in these rules shall be burned on any one day within the Glenn County APCD. Prior approval of exception to the 1,500 acre limit may be granted by the Glenn County APCD.
  5. All vegetative wastes to be open burned shall be ignited only with approved ignition devices.
  6. The Air Pollution Control Officer may restrict burning on permissive burn days if such burning could cause or contribute to extreme adverse air quality conditions or cause a public nuisance. 
SECTION 15 

ACREAGE LIMITATION. On any day that the Control Officer determines that the volume of expected agricultural burning is such that:

  1. The ambient air quality standards will be exceeded, or
  2. That an acreage equivalent to more than 10% of the District's largest cultivated crop will be burned, or
  3. More than the acreage allotted by the Sacramento Valley Basinwide Control Council will be burned during the period of October 1st through November 15th of each year, he may declare a "Day of Restricted Burning". On a day of restricted burning the Control Officer shall declare it to be a "No Burn Day" in a sufficient portion of the District, or require a call-in before rice straw burning takes place, to prevent (a), (b), or (c) above from occurring.
SECTION 16 

EXCEPTIONS. The following are exempt from these Regulations:

  1. Agricultural burning above 6,000 feet mean sea level.
  2. Open burning in agricultural operations with LPG or natural gas fired burners designed and used to kill seedling grass and weeds in orchards, field crops and ditches, when the growth is such that combustion will not continue without the burner.
  3. The open burning of pesticide and fertilizer sacks provided they fall within the definition of open burning in agricultural operations as defined in Section 2 (BB) of these Regulations. 
SECTION 17  TIRES. No person shall use tires for the purpose of igniting open fires used in agricultural burning. 
SECTION 18 FIRE PREVENTION. Nothing in these Regulations is intended to permit agricultural burning on days when such burning is prohibited by public fire protection agencies for purposes of fire control or prevention. 
SECTION 19  BURNING ON NO-BURN DAYS. The Air Pollution Officer, by special permit, may authorize agricultural burning on days designated by the Board as No-Burn Days because the denial of such permit would threaten imminent and substantial economic loss. In authorizing such burning the Air Pollution Officer shall limit the amount of acreage which can be burned in any one day. Districts shall consider the impact on downwind areas and follow Basin criteria when issuing such permits. 
SECTION 20 

ORCHARD HEATERS. The following applies to burning in orchards and citrus groves to prevent frost damage.

  1. No new orchard or citrus grove heater shall be sold for use against frost damage unless it has been approved by the California Air Resources Board.
  2. No person shall use any orchard or citrus grove heater after January 1, 1975, unless it has been approved by the California Air Resources Board or does not produce more than one gram per minute of unconsumed solid carbonaceous material.
  3. Open fires in orchards or citrus groves are prohibited except that the use of commercially prepared charcoal briquettes or similar substances designed for the purpose is permitted.
  4. The use of rubber tires or any rubber products in any combustion process in connection with any orchard or citrus grove heating is prohibited.
SECTION 21  FIRE PERMIT DISTRICTS. The California State Air Resources Board is requested to designate the Glenn County Air Pollution Control District, and its certified agents as the agency to issue agricultural burn permits within the District.
Sec 21.1  No person shall issue an agricultural burn