MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 432 - WILDLAND VEGETATION MANAGEMENT BURNING
(Adopted 4-20-94)

CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.5 References

PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Air District
2.3 Designated Agency
2.4 Household Rubbish
2.5 "No-burn" Day
2.6 "Permissive-burn" Day
2.7 Prescribed Burning
2.8 Smoke-Sensitive Area (SSA)
2.9 Wildland Vegetation Management Burning

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 Permit Requirements
3.3 "Permissive-burn" and "No-burn" Days
3.4 Prohibition of Nuisances
3.5 Criteria for Permitted Burning



PART 1 GENERAL

1.1 Purpose
The purpose of this rule is to provide requirements and standards regarding the use of wildland vegetation management burning within the boundaries of the Monterey Bay Unified Air Pollution Control District (Air District).

1.2 Applicability
The provisions of this rule shall apply to all persons who set or maintain fires within the boundaries of the Air District which meet the definition of wildland vegetation management burning, regardless of whether such burning also meets another definition in the District Rules and Regulations.

1.3 Exemptions
Reserved.

1.4 Effective Dates
The requirements of this rule shall become 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 Section 41850 et seq.; and

1.5.2 California Code of Regulations Sections 80100
et seq. and 80140 et seq.

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 Designated Agency
Any agency designated by the California Air Resources Board as having authority to issue agricultural burning permits. The U. S. Forest Service and the California Department of Forestry and Fire Protection are so designated within their respective areas of jurisdiction.

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.

2.6 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 as set forth in Health and Safety Code Section 39011.

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 (CCR) Title 14, Section 1561.1.

2.9 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 (as defined in Title 14, CCR, Section 1561.1), trees, grass or standing brush.

PART 3 REQUIREMENTS AND STANDARDS
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3.1 General Prohibition

No person shall conduct or allow any wildland vegetation management burning within the boundaries of the Air District without first obtaining a written permit from the Air District and the designated agency.



3.2 Permit Requirements

3.2.1 Permits shall be obtained from the Air District and the designated agency.

3.2.2 Before a permit may be issued for a wildland vegetation management burn, a burn plan describing how the burn is to be carried out, shall be submitted by the owner, or his/her agent, of the land on which the burn is proposed, to the Air District and the designated agency, and be approved by them. The plan shall describe the following:

3.2.2.1 ownership;
3.2.2.2 location;
3.2.2.3 equipment available;
3.2.2.4 manpower;
3.2.2.5 fireguard locations;
3.2.2.6 proposed date and hours of burn;
3.2.2.7 treatment given to trees and brush;
3.2.2.8 method and plan for ignition;
3.2.2.9 estimated tonnage or acreage and type of vegetation to be burned;
3.2.2.10 a list of "Smoke Sensitive Areas" (SSAs) within 10 miles of the burn, with compass directions to the nearest of eight prime compass points; 
3.2.2.11 Smoke Management guidelines as defined in Title 14, California Code of Regulations (CCR), Section 1561.1 and as outlined in Section 1569.6 shall be addressed in the plan.


3.2.3 Burning being done primarily for improvement of land for wildlife and game habitat shall require the filing with the Air District of a statement obtained from the Department of Fish and Game certifying the burning is desirable and proper for the improvement of land for wildlife and game habitat.

3.3 "Permissive-burn" and "No-burn" Days
No person shall conduct or permit to be conducted any wildland vegetation management burning, 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 during "permissive-burn" days as designated by the California Air Resources Board.

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)


3.5 Criteria for Permitted Burning
All materials to be burned under the provisions of this Rule shall conform to the following requirements to ensure rapid and complete combustion for minimum smoke generation:

3.5.1 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.

3.5.2 Wildland vegetation management burning shall be limited to 1,000 acres within a zone, as defined in District Rule 105, in any one day. This limit may be increased by the Air Pollution Control Officer in order to establish an effective perimeter for fire control.

3.5.3 The number of acres in any one burn may be further limited by the Air Pollution Control Officer, taking into consideration matters which would affect the ambient air quality of the Air District, and particularly the potential effects on nearby population areas.

3.5.4 Burning shall not commence when wind direction is toward a smoke sensitive area (SSA).

3.5.5 Materials to be burned shall be dry and reasonably free of dirt, soil and visible surface moisture 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.

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

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