Tuolumne County Municipal Code Ch. 8.12 Agricultural Burning

Sections:

• 8.12.010

• Definitions.

• 8.12.020

• Permit-Required.

• 8.12.030

• Permit-Information required by air pollution control officer.

• 8.12.040

• Permit-Information required by air pollution control district.

• 8.12.050

• Notice to be given prior to burn,

• 8.12.060

• Permit invalid on certain days.

• 8.12.070

• Permit invalid when prohibited.

• 8.12.080

• Nonagricultural wastes not to be burned.

• 8.12.090

• Loose stacking requirement.

• 8.12.100

• Ignition devices.

• 8.12.110

• Drying periods for certain agricultural wastes.

• 8.12.120

• Daylight burning only.

• 8.12.130

• Nuisance burning prohibited.

• 8.12.140

• Restricted burning

• 8.12.150

• Exceptions.

• 8.12.160

• Burning above four thousand feet.

• 8.12.170

• Solid waste dump exemption.

• 8.12.180

• Enforcement.

• 8.12.190

• Arrest without warrant.

A. "Agricultural burning" means open outdoor fires used in agricultural operations in the growing of crops or raising of fowls or animals, forest management, or range improvement, including the burning of agricultural wastes.

B. "Agricultural wastes" means unwanted or unsalable materials produced wholly from agricultural operations other than forest or range management operations directly related to the growing of crops or animals for the primary purpose of making a profit or for a livelihood.
This also includes. for the purpose of cultural practice burns, the burning of fence rows and ditch banks for weed control and weed maintenance and burning in nontillage orchard operations, but does not include such items as shop wastes, demolition material, garbage, oil filters, tires, pesticide containers, broken boxes. pallets, and other similar material, or orchard or vineyard wastes removed for land use conversion to nonagricultural purposes.

C. "Approved ignition devices" includes those instruments or materials that will ignite agricultural waste without the production of black smoke by the ignition device. This would include such items as liquid petroleum gas, butane, propane or diesel oil burners, and flares,but does not include the use of tires, tar paper, oil, and other similar materials.

D. "Board" means the California State Air Resources Board or any person authorized to act in its behalf.

E. "Burn day" means any day on which the Board does not prohibit agricultural burning.

F. "County and regional authority" includes county air pollution control districts, regional air pollution control districts, and unified air pollution control districts which may exist within the boundaries of the San Joaquin Valley Air Basin.

G. "No-burn day" means any day on which the Board prohibits agricultural burning. (Ord. 662 § 1 (part), 1971; prior code § 7-15.0).

knowingly shall set or permit agricultural burning unless he/she has a valid permit from the air pollution control officer or a fire control agency designated by the Tuolumne County air pollution control district board to issue such permits in the area where the agricultural bum will take place.
The air Pollution control officer and each fire control agency so designated shall issue agricultural burning permits subject to the rules and regulations of the Board and of the Tuolumne County air pollution control district.(Ord. 662 § 1 (part), 1971; prior code § 7- 15.1 (A)).

pollution control officer. Each applicant for a

permit shall provide information as required by the air pollution control officer or the designated fire control agency for fire protection purposes. (Ord. 662 § 1 (part), 1971; prior code § 7- 15.1(B)).

pollution control district. Each applicant for a permit shall provide information as required by the Tuolumne County air pollution control district. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(C)).

Prior to the burn, notice of intent shall be given by the permittee to the air pollution control officer or the fire control agency having jurisdiction over the site-of the proposed burn. (Ord. 662 § 1 (part), 1971; prior code § 7- 15.1(D)).

permit shall be valid for any day during a period in which agricultural burning is prohibited by the Board. (Ord. 662 § 1 (part), 1971; prior code § 7- 15. 1(E)).

permit shall be valid for any day in which burning is prohibited by the air pollution control officer or the designated fire control agency having jurisdiction over the site of the burn for the purposes of fire control or prevention. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(F)).

burned. All agricultural wastes to be burned must be free of tires, rubbish, tar paper, construction debris, used pesticide containers and all other nonagricultural wastes. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(G)).

agricultural wastes to be burned shall be loosely stacked in such manner as to promote drying and insure combustion with a minimum smoke production. All agricultural wastes to be burned shall be free of excessive dirt, soil and visible surface moisture. (Ord. 662 § 1 (part), 1971; prior code § 7-15. 1 (H)).

wastes to be burned shall be ignited only with approved types of ignition devices as defined in subsection C of Section 8.12.010. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(1)).

agricultural wastes. The following types of agricultural waste materials to be burned shall be allowed to dry for the following minimum time periods or equivalent:

A. Rice stubble: four days following harvest;

B. Dry cereals: zero days;

C. Prunings and small branches: three weeks;

D. Large branches and trees: six weeks. (Ord. 662 § 1 (part), 1971; prior code § 7- 15.1(J)).

be burned shall be ignited only during daylight hours, and all burning shall be terminated by sunset of each day. No material shall be added to an existing fire after three p.m., Pacific Standard Time. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(K)).

burning of agricultural waste materials shall be permitted which will create a nuisance as defined in Section 24-43 of the Health and Safety Code. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1(L)).

control officer may restrict agricultural waste burning to selected permittees on designated burn days if the total tonnage to be ignited would discharge a volume of contaminants into the atmosphere sufficient to cause adverse conditions. (Ord. 662 § 1 (part), 1971; prior code § 7-15.1 (M)).

officer may grant an exception to allow burning on a no-bum day so designated by the Board, and in certain situations to allow burning to continue past sunset of each day. The granting of an exception does not exempt the applicant from any other district or fire control regulation.
The applicant shall submit in writing on the form provided his/her reasons for the exception. The air pollution control officer may seek the advice of the county agricultural commissioner, the county farm advisor or other informed sources. (Ord. 662 § 1 (part), 1961; prior code § 7- 15.2(A)).

Agricultural burning at four thousand feet or more above mean sea level is exempt from the

provisions of Section 8.12.060. (Ord. 662 § 1 (part), 1971; prior code § 7-15.-(B)).

county and the city of Sonora shall be exempt from the provisions of this chapter in their operation of solid waste dumps during the period for which an extension has been granted by the Board pursuant to Health and Safety Code Section 39297.4. (Ord. 671 § 2, 1971; prior code § 7-15.2(C)).

designated by the Board and having jurisdiction over the site of the agricultural bum and the air pollution control district shall enforce this chapter. (Ord. 662 § 1 (part), 1971; prior code § 7-15.3(B)).

officer or employee charged with the duty to enforce this chapter may arrest a person without a warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his/her presence which is a violation of this chapter.
Whenever a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his/her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of Title 5 of Part 2 of the Penal Code. (Ord. 662 § 1 (part), 1971; prior code § 7- 15.3 (C)).