AIR DISTRICT RULES
Rule 6.0 AGRICULTURAL BURNING PERMITS
In addition to complying with
the "Sacramento Valley Air Basin Smoke Management Plan" as submitted to
the Air Resources Board and other stated burning regulations, no person
shall knowingly set or permit agricultural burning for the disposal of
agricultural waste unless they have a valid permit.
Rule 6.2 BURN
Before any person who
holds an agricultural burning permit sets or permits an agricultural
burn, the person must receive permission to burn that day for a specific
site and a specific number of acres
from the Colusa County Air Pollution
Rule 6.3 PROHIBITION OF AGRICULTURAL BURNING ON NO-BURN DAYS
No agricultural burning permit shall be valid on a no-burn day and
no person shall knowingly set or permit agricultural burning on a
RESTRICTION OF AGRICULTURAL BURNING ON BURN DAYS
The Air Pollution Control
Officer may restrict agricultural waste burning on burn days or declare
a no-burn day if such burning could cause or contribute to extreme
adverse air quality conditions.
H&S 41850 Legislative Intent
41850. It is the intent of the Legislature, by
the enactment of this article, that agricultural burning be reasonably
regulated and not be prohibited. The state board and the districts shall
take into consideration, in adopting rules and regulations for purposes
of this article, various factors, including, but not limited to, the
population in an area, the geographical characteristics, the
meteorological conditions, the economic and technical impact of such
rules and regulations, and the importance of a viable agricultural
economy in the state.
H&S 41852 No Person
Shall Burn Without Valid Permit
41852. No person knowingly shall set or permit agricultural burning
unless he has a valid permit from the agency designated by the state
board to issue such permits in the area where the agricultural burning
is to take place.
H&S 41854 No Permit
Valid on No-Burn Day
41854. (a) No permit issued pursuant to Section 41853 shall be valid
for any day during which agricultural burning is prohibited by the state
board pursuant to Section 41855 or by a district board pursuant to
(b) Each permit shall bear a statement of warning containing the
following words or words of like or similar import:
"This permit is valid only on those days during which agricultural
burning is not prohibited by the State Air Resources Board pursuant to
Section 41855 of the Health and Safety Code."
H&S 41855 ARB Shall
Designate No-Burn Days
41855. The state board shall determine and designate from
meteorological data the days when agricultural burning shall be
prohibited within each air basin.
Guidelines Based on Certain Criteria
41857. The guidelines
promulgated by the state board shall be
based on meteorological data, the nature and volume of materials to be
burned, and the probable effect of such burning on the ambient air
quality within the air basins affected.
H&S 41863 Plans Shall
Include Agricultural Burning Component
41863. Each basin-wide
coordinating council and district shall, as part of the implementation
plans and programs ...., include a component for the regulation and
control of agricultural burning pursuant to guidelines adopted by the
Connelly-Areias-Chandler Rice Straw Burn Act of 1991
Commencing September 1,
2001, the county air pollution control officers in the Sacramento Valley
Air Basin may grant conditional rice straw burning permits once the
county agricultural commissioner has determined that the applicant has
met the conditions specified in subdivision (h). The county agricultural
commissioner shall be responsible for all field inspections associated
with the issuance of conditional rice straw burning permits. A
conditional rice straw burning permit shall be valid for only one burn,
per field, per year.
The county agricultural commissioner may charge the applicant a fee not
to exceed the costs incurred by the county agricultural commissioner in
making the determination specified in subdivision (f). This subdivision
shall be operative only until January 1, 2009.
If the terms and conditions for issuing conditional rice straw burning
permits specified in paragraphs (1) to (4), inclusive, are met, a
conditional rice straw burning permit may be issued unless the state
board and the department have jointly determined, based upon an annual
review process, that there are other economically and technically
feasible alternative means of eliminating the disease that are not
substantially more costly to the applicant. The terms and conditions for
issuing the conditional rice straw burning permits are:
(1) The fields to be burned are specifically described.
(2) The applicant has not
violated any provision of this section within the previous three years.
(3) During the growing season,
the county agricultural commissioner has independently determined the
significant presence of a pathogen in an amount sufficient to constitute
a rice disease such as stem rot.
(4) The county agricultural
commissioner makes a finding that the existence of the pathogen as
identified in paragraph (3) will likely cause a significant,
quantifiable reduction in yield in the field to be burned during the
current or next growing season. The findings of the county agricultural
commissioner shall be based on recommendations adopted by the advisory
The maximum annual number
of acres burned in the Sacramento Valley Air Basin pursuant to shall
be the lesser of:
The total of 25 percent
of each individual applicant's planted acres that year.
total of 125,000 acres
planted in the Sacramento Valley Air Basin.
Each grower shall be
eligible to burn up to 25 percent of the grower's planted acres, as
determined by the air pollution control officers in the Sacramento
Valley Air Basin and subject to the maximum annual number of acres
burned set forth in paragraph (1), if the grower has met the
criteria for a conditional rice straw burning permit.