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.
mean 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, burning in
non-tillage orchard operations and paper raisin trays, 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.
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.
means the California State Air Resources Board or any person
authorized to act in its behalf.
means any day on which the board does not prohibit agricultural
burning.
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.
means any day on which the board prohibits agricultural burning.
(Ord. 629, 1971)
No person knowingly shall set or permit agricultural burning
unless he has a valid permit from the fire-control agency designated
by the local air pollution control board to issue such permits in
the area where the agricultural burn will take place. Each fire-control
agency so designated by the board shall issue agricultural burning
permits subject to the rules and regulations of the board and of the
county air pollution control district.
(Ord. 629, 1971)
Each applicant for a permit shall provide information as required
by the designated fire protection agency for fire protection purposes.
(Ord. 629, 1971)
Each applicant for a permit shall provide information as required
by the air pollution control district.
(Ord. 629, 1971)
Prior to the burn, notice of intent shall be given by the permittee
to the fire-control agency having jurisdiction over the site of the
proposed burn.
(Ord. 629, 1971)
No permit shall be valid for any day during a period in which
agricultural burning is prohibited by the board.
(Ord. 629, 1971)
No permit shall be valid for any day in which burning is prohibited
by the designated fire control agency having jurisdiction over the
site of the burn for the purposes of fire control or prevention.
(Ord. 629, 1971)
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. 629, 1971)
All agricultural wastes to be burned shall be loosely stacked
in such manner as to promote drying and insure combustion with a minimum
of smoke production. All agricultural wastes to be burned shall be
free of excessive dirt, soil and visible surface moisture.
(Ord. 629, 1971)
All agricultural wastes to be burned shall be ignited only with
approved types of ignition devices as defined in this chapter.
(Ord. 629, 1971)
The following types of agricultural waste material to be burned
shall be allowed to dry for the following minimum time periods or
equivalent:
|
Material
|
Drying Period
|
|---|---|
|
Rice stubble
|
4 days following harvest
|
|
Dry cereals
|
0 days
|
|
Prunings and small branches
|
3 weeks
|
|
Large branches and trees
|
6 weeks
|
(Ord. 629, 1971)
Materials to 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. 629, 1971)
No burning of agricultural waste materials shall be permitted
which will create a nuisance as defined in § 24243 of the California
Health and Safety Code.
(Ord. 629, 1971)
The air pollution 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. 629, 1971)
A.
1.
The
air pollution control officer may grant an exception to allow burning
on a "no-burn day" so designated by the board, and in certain situations
to allow burning to continue past sunset of each day.
2.
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 or 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. 629, 1971)
The implementation plan for the enforcement of the rules and
regulations of the plan as proposed and approved by the San Joaquin
Valley air basin coordinating council on July 23, 1971, for the San
Joaquin Valley air basin is approved and adopted for the Air Pollution
Control District in Merced County, except that the proposed type of
ignition shall be stated by the applicant upon his or her application
for a burning permit, which said enforcement plan is incorporated
in this chapter by reference and made a part of this chapter.
(Ord. 629, 1971)
A.
A violation
of the provisions of this chapter is a misdemeanor punishable by imprisonment
in the County Jail not exceeding six months or by a fine not exceeding
$500 or both, and the cost of putting out the fire. Every day during
any portion of which such violation occurs constitutes a separate
offense.
B.
The
fire-control agency designated by the board and having jurisdiction
over the site of the agricultural burn and the air pollution control
district shall enforce this chapter.
(Ord. 629, 1971)
