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Agricultural Burning Rules

 

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 AUTHORIZATION
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 Control District.

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 no-burn day.

Rule 6.6 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.

CALIFORNIA LAWS

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 Section 41508.
(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.

H&S 41857 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 state board.

H&S 41865 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 group.

  1. The maximum annual number of acres burned in the Sacramento Valley Air Basin pursuant to shall be the lesser of:

  1. The total of 25 percent of each individual applicant's planted acres that year.

  2. total of 125,000 acres planted in the Sacramento Valley Air Basin.

  1. 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.

 


                                                

 

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