EDAPCD RULE 300-1 GENERAL
LAST REVISED 06/17/97



EL DORADO COUNTY AIR POLLUTION CONTROL DISTRICT

REGULATION III

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 APCD 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:

  2. 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. 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:

  4. 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.

  5. Hazard Reduction.

  6. 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:

      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.

    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.

  7. 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:

  8. 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 APCD 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).

  9. Residential Maintenance.

  10. a. Burning shall be allowed only if the material originated from within 100 feet of a single or two family dwelling and is burned on the premises it originated from, and 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:

  11. No colored inks/dyes or glossy magazine products.
  12. 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.

  13. d. The maintenance of 4x4 piles shall be in compliance with all other fire agencies and are governed by those agencies.

  14. Recreational Activity.
  15. 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.

  16. Mechanized Burners Requirements (Section 41812).

    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;

  17. 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 7a. above.

F. EXEMPTION, WILDLAND VEGETATION MANAGEMENT:

  1. The APCO may exempt project burns smaller in area or tonnage than threshold levels established by the District.