Section 80145 - Program Elements and RequirementsThe district smoke management programs shall include all of the elements in section 80145. Procedures and other requirements contained in subsections 80145(a) through (n) of this section shall be approved by district board resolutions or adopted as rules and regulations:
(a) A daily burn authorization system that regulates agricultural burning, including prescribed burning, in order to minimize smoke impacts on smoke sensitive areas, avoid cumulative smoke impacts, and prevent public nuisance. The burn authorization system shall not allow more burning on a daily basis than is appropriate for the meteorological or air quality conditions. The daily burn authorization system shall specify the amount, timing and location of each burn event. The burn authorization system shall be developed by the air district in consultation with the ARB, shall be commensurate with the air quality impacts from burning, and shall consider the following factors as necessary: (2) meteorological conditions expected during burning, including wind speeds and directions at the surface and aloft, and atmospheric stability;(3) types and amounts of materials to be burned;(4) location and timing of materials to be burned;(5) locations of smoke sensitive areas; and(6) smoke from all burning activities, including burning in neighboring air districts or regions which may affect the district or region.(b) If requested in writing by a district, the Executive Officer may approve an alternative burn authorization system for agricultural burning (excluding prescribed burning), provided the Executive Officer determines that the alternative system is likely to achieve the objectives of the daily burn authorization system. In making such determination, the Executive Officer shall consider the rules and regulations of the district relating to agricultural burning, historical data on the amount, types, location, and impacts of agricultural burning in the district (excluding prescribed burning), and the effectiveness of the smoke management program in place in the district, and other documentation provided by the district. The decision, along with the reasons for the decision, shall be in writing.(c) A description of the meteorological and air quality monitoring data to be used to provide data for determining the basinwide meteorological and air quality conditions.(d) A description of the personnel resources for meteorological support and burn coordination that will be used to operate the burn program.(e) Procedures for issuing notice of permissive-burn, marginal burn or no-burn days. Air districts shall coordinate these procedures with fire protection agencies. A no-burn day notice shall be issued for agricultural burning, including prescribed burning, by the air district when open burning is prohibited by fire protection agencies for fire control or prevention.(f) Procedures for issuing 48-hour forecasts, 72-hour outlooks, and 96-hour trends for specific prescribed burns. The air district may request that the ARB provide these forecasts for specific prescribed burns.(g) Procedures for authorizing burning, including a procedure for authorizing individual prescribed burns 24 hours prior to ignition of the fire, recognizing that any burn decision made 24 hours in advance is always subject to change if meteorological conditions or conditions affecting smoke dispersion are different from those anticipated.(h) Procedures for acquiring information on amounts of material burned on each day, on planned and unplanned wildland fires, and other information needed to establish the burn authorization for the following day, as specified in subsection (a).(i) Procedures for addressing cross-jurisdictional smoke impacts by coordinating with neighboring air districts, regions, or states.(j) The form of permit(s) required by subsection (c) of section 80120 and the form of the information required by subsection (f) of section 80120.(k) Procedures for enforcement.(l) Plans to provide for an analysis and periodic assessment of actions that are undertaken to minimize smoke through the use of pre-fire fuel treatment practices and non-burn alternatives.(m) If necessary, procedures for prioritizing agricultural burning, including prescribed burning, that districts can use to minimize smoke impacts. In considering priorities, districts shall consider the public benefits of burn projects, including safety, public health, forest health and wildfire prevention, ecological needs, economic concerns, and disease and pest prevention. Efforts to reduce smoke emissions, such as removal of excess material, shall also be considered.(n) As applicable, each district shall consider additional provisions with respect to permitting, on no-burn days, the burning of empty sacks or containers which contained pesticides or other toxic substances, providing the sacks or containers are within the definition of "open burning in agricultural operations in the growing of crops or raising of fowl or animals," as specified in section 80101(r);(o) Rules and regulations or, until April 1, 2003, other enforceable mechanisms that: (1) Require the material to be burned to be free of material that is not produced on the property or in an agricultural or prescribed burning operation. Material not to be burned includes, but is not limited to, tires, rubbish, plastic, treated wood, construction/demolition debris, or material containing asbestos.(2) Require the material to be arranged so that it will burn with a minimum of smoke, when feasible.(3) Require material to be reasonably free of dirt, soil and visible surface moisture.(4) Require the material to be dried for minimum periods with separate specifications for the following: (A) trees and large branches,(B) prunings and small branches,(C) wastes from field crops that are cut in a green condition, and(5) Regulate hours of ignition and burning.(6) Limit the ignition of fires to approved ignition devices.Cal. Code Regs. Tit. 17, § 80145
1. New section filed 3-14-2001; operative 3-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 11). Note: Authority cited: Sections 39600, 39601, 41856 and 41859, Health and Safety Code. Reference: Sections 40702, 41850, 41854, 41856, 41857, 41858, 41859, 41862 and 41863, Health and Safety Code.
1. New section filed 3-14-2001; operative 3-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 11).