MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 422 - BURNING OF WOOD WASTES FROM DEVELOPMENTS
(Adopted 9-1-74; Revised 6-12-75, 5-25-77, 10-31-79, 1-27-82, 1-19-84, 4-15-92 and 4-20-94)

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References


PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Air District
2.3 Burn Season
2.4 Household Rubbish
2.5 "No-burn" Day
2.6 "Permissive-burn" Day
2.7 Smoke-Sensitive Area (SSA)


PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 Permit Requirements
3.3 Standards for Materials to be Burned
3.4 Prohibition of Nuisances



PART 1 GENERAL

1.1 Purpose
The purpose of this Rule is to provide standards and requirements for the disposal by burning of wood waste from trees, vines, or bushes on property being developed for commercial or residential purposes. Pursuant to Section 41804 of the California Health and Safety Code, the Monterey Bay Unified Air Pollution Control District (Air District) Board finds that in some instances it may be more desirable to dispose of such wood waste by burning on the property where it was grown than to dispose of it by other available means.

1.2 Applicability
The provisions of this Rule shall apply to all persons who set or maintain fires within the Air District for the burning of wood wastes on land being developed for commercial or residential purposes, provided that the wastes resulted from trees, vines, or bushes grown on the land being developed.

1.3 Exemptions
Reserved.

1.4 Effective Dates
This Rule has been in effect since September 1, 1974. This Rule in its present form is effective on April 20, 1994.

1.5 References
The requirements of this Rule arise from the provisions of:

1.5.1 California Health and Safety Code Sections 41800 et seq. and 41850 et seq.; and

1.5.2 California Code of Regulations Section 80200.


PART 2 DEFINITIONS

2.1 Agricultural Burning
As defined by California Health and Safety Code Section 39011, et seq.

2.2 Air District
The Monterey Bay Unified Air Pollution Control District, unless otherwise noted.

2.3 Burn Season
The period of time during the year during which certain types of burning are allowed. The burn season shall begin on December 1 and shall continue to April 30 each year.

2.4 Household Rubbish
Solid or liquid waste from materials used or consumed in a human dwelling which can be placed inside a 30 gallon garbage can. This includes materials such as animal or vegetable putrescible wastes (garbage) and nonputrescible wastes (rubbish), including discarded materials resulting from normal residential activities. The term does not include discarded appliances, furniture, or other bulky items (trash) which cannot be placed in a 30 gallon garbage can.

2.5 "No-burn" Day
Any day on which agricultural burning is prohibited by the California Air Resources Board.

2.6 "Permissive-burn" Day
Any day on which agricultural burning is not prohibited by the California Air Resources Board.

2.7 Smoke-Sensitive Area (SSA)
A populated area, an airport, a traveled road or highway designated Class I for visibility standards, or any place where smoke can adversely affect the public health and welfare, as defined in the California Code of Regulations Title 14, Section 1561.1.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
No person shall conduct or allow the conduct of, any land development burning within the boundaries of the Air District without first obtaining a written permit from the Air District.

3.2 Permit Requirements

3.2.1 After consideration of the amount of waste to be burned, the season of the year, the ambient air quality and the proximity of the waste to developed areas, the Air Pollution Control Officer,may grant a permit to burn wood wastes from developments.

3.2.2 In issuing a permit to burn wood wastes, the Air Pollution Control Officer may limit the amount of such material that can be burned in any one day and the hours of the day during which material may be burned.

3.2.3 "Permissive Burn" and "No-Burn" Days
No person shall conduct or permit to be conducted, any burning of wood wastes pursuant to this Rule, on any day designated by the California Air Resources Board, as a "no-burn" day. Fires allowed pursuant to this Rule shall only be set on "permissive burn" days.

3.2.4 Burn Season
All fires allowed under this Rule shall be conducted only during the burn season as defined in Section 2.3 of this Rule.

3.3 Standards for Materials to be Burned
All materials to be burned shall conform to the following requirements to ensure rapid burning and ignition and to minimize smoke generation:

3.3.1 Materials to be burned shall be dry prior to burning, and shall be free from combustible impurities such as tires, tar paper, household rubbish, plastics, demolition or construction debris, and other material not grown at the site, and shall be reasonably free of dirt, soil and visible surface moisture.

3.3.2 Tree stumps over six inches in diameter shall have been dried for at least 180 days prior to burning.

3.3.3 Trees, branches and prunings over two inches and under six inches in diameter shall have been dried for at least 60 days prior to burning.

3.3.4 Trees, branches and prunings under two inches in diameter and plant trimmings shall have been dried for at least 30 days prior to burning.

3.3.5 Material to be burned shall be arranged so as to provide adequate aeration to allow the material to burn while minimizing smoke generation.

3.3.6 The burn shall be ignited only by devices and methods approved by the California Department of Forestry and Fire Protection, and ignition shall be as rapid as practicable within applicable fire control restrictions.

3.3.7 Burning shall not commence when wind direction is toward a Smoke Sensitive Area or populated area which would be adversely affected by the burn.

3.3.8 Material containing poison oak shall not be burned where in the opinion of the Air Pollution Control Officer the smoke from the burning operations could adversely affect adjacent or nearby residences.

3.3.9 Where economically and technically feasible, brush and trees shall be treated by chemical or mechanical means at least six months prior to a proposed burn, to kill or uproot the brush and trees in order to insure rapid combustion.

3.4 Prohibition of Nuisances
Notwithstanding any other provision of this Rule, no fire shall constitute a nuisance as defined in District Rule 402 (Nuisances).
 

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