Plumas County Municipal Code Art. 1 Findings and Title

This Urgency Ordinance is adopted pursuant to California Government Code Sections 25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths (4/5th) vote of the Board of Supervisors. The Board, in consultation with the Local Health Officer, finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

(a) On June 30, 2021 and July 2, 2021, lightning strikes sparked the Beckwourth Complex Fire, previously the Dotta and Sugar Fires, in Plumas County. Conditions of extreme peril to the safety of persons and property within the County of Plumas were caused by wildfire known as the Beckwourth Complex Fire on the 8th day of July, 2021, at which time the Board of Supervisors was not in session. A map depicting the Beckwourth Complex Fire area is attached hereto as Exhibit A-1.

(b) On July 13, 2021, the Dixie Fire was started, and on July 22, 2021, the Fly Fire was started. The cause of both fires is still under investigation. On July 26, 2021, the two (2) fires merged and became known as the Dixie Fire. (As the fires have merged, references to the Dixie Fire refer to both the Dixie and Fly Fires.) Conditions of extreme peril to the safety of persons and property within the County of Plumas were caused by wildfire known as the Dixie Fire on the 19th day of July, 2021, and by the Fly Fire on the 23rd day of July, 2021, at which times the Board of Supervisors was not in session. A map depicting the current Dixie Fire area is attached hereto as Exhibit A-2.

(c) California Government Code Section 8630 empowers the Director of Emergency Services to proclaim the existence of a local emergency when the county is affected or likely to be affected by a public calamity, subject to ratification by the Board of Supervisors at the earliest practicable time.

(d) On July 8, 2021, the Director of Emergency Services of the County of Plumas proclaimed the existence of a local emergency within the County due to the Beckwourth Complex Fire. The Plumas County Board of Supervisors ratified the emergency proclamation for the Beckwourth Complex on July 13, 2021, in Resolution 21-8601.

(e) On July 19, 2021, the Director of Emergency Services of the County of Plumas proclaimed the existence of a local emergency within the County due to the Dixie Fire. On July 23, 2021, the Director of Emergency Services of the County of Plumas proclaimed the existence of a local emergency within the County due to the Fly Fire. The Plumas County Board of Supervisors ratified the emergency proclamation of the Dixie Fire on July 20, 2021 in Resolution 21-8605, and the emergency proclamation of the Fly Fire on July 23, 2021, in Resolution 21-8608. The resolutions also requested that the State of California waive regulations that may hinder response and recovery efforts, as well as make available assistance under the California Disaster Assistance Act or any other state funding, and that the Federal Government expedite access to federal resources and any other appropriate federal disaster relief program.

(f) On July 16, 2021, the Governor of the State of California proclaimed a State of Emergency for multiple fires caused by lightning strike, including the Beckwourth Complex Fire pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code.

(g) On July 23, 2021, the Governor of the State of California proclaimed a State of Emergency for the Dixie and Fly Fires pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code.

(h) On July 26, 2021, Dr. Mark Satterfield, the County of Plumas's Local Health Officer, issued a Declaration of Health Emergency pursuant to California Health and Safety Code Section 101080. Dr. Satterfield's declaration stated that the Beckwourth Complex Fire, Dixie Fire and Fly Fire have created certain hazardous waste conditions in Plumas County in the form of contaminated debris from household hazardous waste/materials and structural debris resulting from the destruction of residences and structure; and the hazardous waste debris poses a substantial present or potential hazard to human health and the environment unless immediately addressed and managed; and there is an imminent and proximate threat of infections or communicable disease and/or non-communicable agents due to fire related debris; and that a local health emergency exists in the County of Plumas, due to hazardous waste in the form of contaminated debris from the hazardous waste/material and structural debris from the ongoing Beckwourth Complex Fire, Dixie Fire and Fly Fire.

(i) As of August 22, 2021, the Beckwourth Complex Fire has consumed over 105,670 acres, destroyed sixty-two (62) structures, and resulted in evacuation orders affecting 454 persons. As of August 13, 2021, 1,l09 structures in Plumas County had been destroyed by the Dixie Fire, including 584 residential structures (three (3%) percent) residential structures), 131 commercial (fifteen (15%) percent) commercial structures) and 394 other structures., with an additional seventy-two (72) structures were damaged. As of August 20, 2021, the Dixie Fire has consumed over 700,630, acres, and resulted in evacuation orders or warnings which impacted over 2,600 Plumas residents. As a result, the Beckwourth Complex and Dixie Fires have created an enormous amount of debris, and injured three (3) firefighters. The Dixie Fire is still burning through the County and despite firefighters' best efforts, the wildfire has not been contained. Evacuation orders are currently in place and numerous severe public health and safety hazards are present in both the Beckwourth Complex, and Dixie Fires area, including many blocked roads from fallen power lines, burned trees and vehicles, no available utilities, no available public services and the presence of animal carcasses.

(j) There exists the potential for widespread toxic exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential and commercial structure fires contain hazardous materials and the harmful health effects of hazardous materials produced by a wildfire are well-documented.

(k) The combustion of building materials such as siding, roofing tiles, and insulation results in dangerous ash that may contain asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have burned in the fire, also producing hazardous materials.

(l) Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

(m) Standards and removal procedures are needed immediately to protect the public safety, health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated by the Beckwourth Complex and Dixie Fires disaster.

(n) The Dixie Fire and Beckwourth Complex have created hazardous waste conditions in the County of Plumas in the form of contaminated debris from household hazardous waste/materials and structural debris resulting from the destruction of hundreds of structures. This hazardous waste debris poses a substantial present or potential hazard to human health and the environment until the property is certified clean. The accumulated exposure to hazardous waste debris over an extended period of time poses a severe hazard to human health.

(o) At this time, Plumas County has requested the state's assistance to participate in the State's Consolidated Debris Removal Program for both the Dixie Fire and the Beckwourth Complex. References to "Beckwourth Complex and Dixie Fires" are intended to refer to the fires that CAL OES agrees to include in the government program.

(p) The Department of Toxic Substances Control has issued reports regarding the assessment of burn debris from wildfires in the past. The studies of burned residential homes and structures from large scale wildland fires indicated that the resulting ash and debris can contain asbestos and toxic concentrated amounts of heavy metals such as antimony, arsenic, cadmium, copper, lead, and zinc. Additionally, the ash and debris may contain higher concentrations of lead if the home was built prior to 1978 when lead was banned from household paint in the United States. The reports indicated that the residual ash of burned residential homes and structures has high concentrations of heavy metals that can be toxic and can have significant impacts to individual properties, local communities, and watersheds if the ash and debris is not removed safely and promptly.

(q) Adoption of this chapter is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the California Government Code.

(r) It is essential that this Urgency Ordinance become immediately effective to mitigate the harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Beckwourth Complex and Dixie Fires disaster.

(Ord. 21-1139, adopted October 28, 2021)

The following definitions will apply to the entirety of Title 4, Chapter 9:

Alternative program means the requirements for inspections, clean up and disposal of Structural Debris established by the County for property owners that opt out of or are disqualified from the government program.

Arborist means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).

Arborist's/forester's certification means a written certification verifying that all hazard trees have been removed from a parcel participating in the Private Tree Program. The certification shall be made and executed by an Arborist and/or Forester as defined in this chapter. The Arborist or Forester shall provide evidence of the required qualifications of this chapter.

Beckwourth Complex. The Beckwourth Complex Fire derived from lightning strikes in Plumas County on June 30, 2021 and July 2, 2021. The Beckwourth Complex destroyed sixty-two (62) structures, of which forty-eight (48) were residences and fourteen (14) were other structures. The Beckwourth Complex damaged an additional eight (8) structures. Four hundred fifty-four people were impacted by mandatory evacuation orders caused by the Beckwourth Complex. California Department of Forestry and Fire Protection (CAL Fire) maintains a map showing the boundaries of the Beckwourth. In Plumas County, the Beckwourth Complex Fire affected the communities of Beckwourth, Vinton, Chilcoat, and Frenchman Lake.

Beckwourth Complex and Dixie Fires. In the event that Phase II work is not authorized for either the Beckwourth Complex or the Dixie Fire, instances of "Beckwourth Complex and Dixie Fires" shall be deemed to refer to only that fire which has been approved for inclusion in the government program.

Board means the Plumas County Board of Supervisors.

CAL OES. The California Governor's Office of Emergency Services.

County means the County of Plumas.

Director of Emergency Service means the Director of the Plumas County Office of Emergency Services.

Displaced person(s). A Plumas County resident or residents whose residential dwelling has been destroyed or damaged by the Beckwourth Complex or Dixie Fires, such that the resident(s) cannot occupy the dwelling. Displaced person(s) may be required to provide verification to the County to substantiate their eligibility for uses, permits and/or approvals described in this article. Evidence may consist of verification by CAL OES or Federal Emergency Management Agency (FEMA) registration or damage assessment, and/or a driver's license or other government-issued identification card or utility bill, etc., with a physical address showing the resident resided on a legal parcel impacted by the Beckwourth Complex or Dixie Fires, as determined by the County. Such determination may be made by the Director of Emergency Services or other authorized County personnel.

Dixie Fire. The Dixie Fire derived from causes still under investigation on July 13, 2021. As of August 13, 2021, 1,109 structures in Plumas County had been destroyed by the Dixie Fire, including 584 residential structures (three (3%) percent) residential structures), 131 commercial (fifteen (15%) percent) commercial structures) and 394 other structures, with an additional seventy-two (72) structures were damaged, and over 6,000 individuals have been evacuated from the fire area. Cal FIRE maintains a map showing the boundaries of [the and] Dixie Fires. In Plumas County, the Dixie Fire affected the communities of Bucks Lake, Meadow Valley, Quincy, Butterfly Valley, Indian Falls, Crescent Mills, Taylorsville, Greenville, Canyon Dam, Chester, Lake Almanor, Prattville, Genesee, Belden, Storrie, Tobin, Twain, as well as many additional rural areas.

Effective date. The date of the Board of Supervisors adoption of this chapter.

Eligible parcel(s) means a parcel that is an improved public property.

Eligible road(s) means a public road or right-of-way.

Enforcement Officer means the Hazard Tree Enforcement Officer or Structural Debris Enforcement Officer.

Environmental Health Director means the Plumas County Director of Environmental Health, or his or her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

FEMA. The Federal Emergency Management Agency or successor agency.

Fire debris and hazardous materials means structural debris and hazard trees; including debris, ash, metals, and completely or partially incinerated substances from qualifying structures.

Fire debris transfer station. An approved area used for the offloading and storage of fire debris and hazardous materials and laden trucks containing fire debris and hazardous materials, as part of the Plumas County Beckwourth Complex and Dixie Fires Consolidated Debris Removal Program. Trucks containing fire debris may park overnight in a fire debris transfer station prior to transporting the debris to an approved end use facility. Hazardous materials and fire debris can be offloaded and stored at the station for future loading of trucks. Fire debris transfer stations may include associated truck and equipment repair, construction office trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than for a temporary caretaker quarters.

Fire debris truck staging yards. An approved area used for the storage of laden trucks containing fire debris, as part of the Plumas County Beckwourth Complex and Dixie Fires Consolidated Debris Removal Program. Trucks containing fire debris may park overnight in a fire debris truck staging yard prior to transporting the debris to an approved end use facility. Hazardous materials shall not be offloaded and stored on the yard. All fire debris brought to the site shall remain in the debris hauling truck and must be covered with a tarp. Fire debris truck staging yards may include associated truck and equipment repair, construction office trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than for a temporary caretaker quarters.

Forester means a Registered Professional Forester, qualified pursuant to California Public Resources Code Section 752, "Professional Forester."

Government program means the State's Consolidated Debris Removal Program for the Beckwourth Complex and Dixie Fires in conjunction with other State and Federal agencies.

Hazard tree means a wildfire-damaged tree that in the professional opinion of an Arborist and/or Forester:

A. Has been so severely damaged by the Beckwourth Complex or Dixie Fires that its structural integrity is compromised; and

B. Poses an imminent danger of falling onto an eligible road or eligible parcel.

Hazard Tree Enforcement Officer means the Plumas County Public Works Director or his/her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

Inspection access form means the permit for providing access to the Enforcement Officer to inspect private property of owners opting to use the Private Tree Program approved by the County for use in the cleanup after the Beckwourth Complex and Dixie Fires.

Metal or concrete processing site. An approved area used for the processing of metal or concrete material, as part of the Plumas County Beckwourth Complex and Dixie Fires Consolidated Debris Removal Program. Metal or concrete may be unloaded onto the site, sorted, reduced, crushed, or otherwise processed on the site, and reloaded onto trucks for transport off of the site. No hazardous materials or fire debris, except for metal and concrete material, shall be brought onto, stored, or processed on the site. Sites utilized for the processing of burned vehicles are also considered metal or concrete processing sites. Metal or concrete processing sites may include associated truck and equipment repair, construction office trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than for a temporary caretaker quarters.

Phase I means the household hazardous waste cleanup performed by the United States Environmental Protection Agency and/or Department of Toxic Substances Control on certain properties impacted by the Beckwourth Complex or Dixie Fires.

Phase II means the ash and debris cleanup work performed pursuant to the government program and/or the alternative program.

Planning Director means the Plumas County Director of Planning, or his or her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

Private action means the removal of fire debris from private property damaged by the Beckwourth Complex and Dixie Fires by persons disqualified from or opting out of the government program and participating in the alternative program.

Private tree program means the requirements for inspections, removal and disposal of hazard trees established by the County for property owners that opt out of or are disqualified from the government program. The program provides owners with the option of identifying and removing hazard tree(s) on their property at their own cost.

Public Works Director means the Plumas County Director of Public Works, or his or her designee(s). Such designee(s) may be a County employee(s) or third-party provider(s).

Qualifying structure means a structure of one hundred twenty (120) square feet or greater.

Right of entry permit means the right-of-entry permit for debris and/or hazard tree removal on private property approved by the CAL OES for use in the cleanup after the Beckwourth Complex and Dixie Fires.

Storage and distribution facility. A facility operated in an existing commercial or industrial building and used to store and distribute emergency supplies and commodities to displaced persons.

Structural debris means the wildfire-generated debris including but not limited to burned or partially burned structures of one hundred twenty (120) square feet or greater, ash, concrete foundations, contaminated soil, vehicles, trailers, waste or other debris from the property.

Temporary log storage yards means sites (also known as log decks) where piles of logs and other piles of vegetation removed from the Beckwourth Complex and Dixie Fires affected areas are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the Beckwourth Complex and Dixie Fires recovery effort, i.e., logs and vegetation that are burn-damaged or otherwise removed due to safety issues associated with the Beckwourth Complex and Dixie Fires. Logs and wood waste originating from routine utility line maintenance shall not be stored at temporary log storage yards. This definition and Section 4-9.405 do not apply to logs and/or vegetation harvested or cleared as part of a timber harvest plan or exemption under the Forest Practice Rule that are stored and/or processed on the property on which they were harvested or cleared. This definition and Section 4-9.405 only applies to logs and vegetation transported to another property. A temporary log storage yard shall not exist beyond the effective period. No structural debris or hazardous materials may be brought onto or stored in the yard including any that may have been deposited on logs or vegetation. Temporary log storage yards allow for the processing of logs and vegetation (e.g., chipping, milling, etc.) but not the burning of logs and vegetation, and may include associated equipment repair, construction trailers, employee parking, and portable bathroom facilities set up for use by the personnel assigned to the yard.

Temporary truck and equipment staging and laydown yard. An approved area used for the storage of unladen trucks and equipment utilized to remove and haul away fire debris and hazardous materials, and the storage of materials used to facilitate the removal and hauling away of fire debris and hazardous materials, as part of the Plumas County Beckwourth Complex and Dixie Fires Consolidated Debris Removal Program or Alternate Debris Removal Program. No fire debris or hazardous materials may be brought onto or stored on the yard. Truck and equipment staging and laydown yards may include associated truck and equipment repair, construction office trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than for a temporary caretaker quarters.

Zoning clearance certificate. A zoning clearance certificate, approved by the Planning Director, certifies that a proposed development or project conforms with all current requirements of the zoning regulations and, if applicable, the terms and conditions of any previously approved development permit or variance.

(Ord. 21-1139, adopted October 28, 2021)