(Adopted: October 8, 1976)

(a) A person shall not burn or permit the burning of combustible refuse in an open outdoor fire within the district without first obtaining a written permit, as required by Rule 208, for such burning from the Air Pollution Control Officer and, when required, from the local fire protection agency. A burning permit may be granted only for any of the following reasons:

  1. Where a fire hazard, to life or property, is declared by the local fire protection agency and such fire hazard cannot be abated by any other means, or
  2. For agricultural burning as defined in Rule 102, Definition of Terms, or

  3. For the purpose of disposing of Russian thistle (Salsola kali), or

  4. For the burning of dry cotton gin waste infected with an agricultural pest hazardous to nearby agricultural operations and upon order of the County Agricultural Commissioner, or

  5. For the burning of infectious waste other than hospital waste upon order of the County Health Officer to abate a public health hazard.

(b) Notwithstanding the provisions of subsection (a), a person may burn or permit the burning of combustible refuse in an open outdoor fire for any of the following purposes, provided such fire is set by, or under the jurisdiction of a fire protection agency:

  1. For the instruction of public or industrial employees in the methods of fighting fires, or

  2. For the purpose of removing forest debris as a part of a forest management or wildlife or game habitat improvement, or

  3. Backfires necessary to save life or valuable property pursuant to Section 4426 of the Public Resources Code.

(c) The APCO shall be notified prior to burning conducted under the provisions of subsections (b)(1) or (2).

(d) Open burning pursuant to subsections (a),(b)(1) or (b)(2) is not permitted when prohibited by Regulation VII or in any Geographical Area of the District when the Air Pollution Control Officer prohibits open burning in that Area due to adverse meteorological conditions determined pursuant to subsection (e).

(e) The Air Pollution Control Officer shall, for each Geographical Area, determine meteorological conditions which will cause open burning to have an adverse effect on the ambient air quality in that area. A list of the geographical areas and specific meteorological conditions for each Area shall be maintained at the District Headquarters and shall be available to the public.