MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 308 - NONAGRICULTURAL BURNING

308.1 Prohibition
Except as otherwise provided in this Regulation, no person shall use open outdoor fires for the purpose of disposal or burning of petroleum wastes, demolition debris, tires, tar, trees, wood waste, or other combustible or flammable solid or liquid waste; or for metal salvage or burning of motor vehicle bodies. section 41800)

308.2 Exemptions

1. Land Development Clearing
   The APCD finds it more economically desirable to dispose of wood waste from trees, vines, and bushes on property being developed for commercial or residential purposes by burning instead of burying at a sanitary landfill. This material shall be allowed for disposal by burning in compliance with the following Rules:
   
   
   1. Rule 302 Burning Permit Requirements
   2. Rule 303 Burn Days
   3. Rule 304 Burning Management
   4. Rule 305 Minimum Drying Time
2. Ditch and Road Maintenance
   The use of open outdoor fires for right-of-way clearing by a public entity, or utility, or for levee, ditch, or reservoir maintenance shall be allowed in compliance with the following Rules:
   
   
   1. Rule 302 Burning Permit Requirements
   2. Rule 303 Burn Days
   3. Rule 304 Burning Management
   4. Rule 305 Minimum Drying Time
3. Hazard Reduction
   1. The burning of vegetation such as vines, bushes and waste from trees produced by fire safe clearing will be allowed when this burning is done in compliance with State and Local law or ordinance to reduce a fire hazard.
   2. The burning shall be done in compliance with the following rules:
      1. Rule 302 Burning Permit Requirements
      2. Rule 303 Burn Days
      3. Rule 304 Burning Management
      4. Rule 305 Minimum Drying Time
   3. If a fire officer with jurisdiction determines that a condition exists in which a fire hazard will have an imminent effect on life, or property, or where other authorized officials determine that a health hazard exists and that there is no alternative to burning, all other provision of this Regulation shall be waived.
4. Fire Suppression and Training
   Nothing in these Rules and Regulations shall be construed as limiting the authority of any public fire official granted under provisions of law to:
   1. Set or permit a fire when such fire is, in his opinion, necessary for the instruction of public employees, and/or volunteer firemen, or on property used for industrial purposes, when instructing employees in the methods of fighting fires
   2. Set or cause to be set backfires necessary to save life, or valuable property pursuant to Section 4426 of the Public Resource Code. (Section 41801)
5. Residential Maintenance
   The burning of Residential Rubbish shall be allowed under the following condition:
   1. Burning shall be allowed only on the premises where the material originated.
   2. Burning shall be managed in compliance with Rules 304 and 305.
6. Recreational Activity
   The use of open outdoor fires in recreational activities shall be allowed under the following conditions.
   1. Material to be burned shall be limited to charcoal, untreated wood, or cooking fuels.
   2. Burning shall be managed in compliance with Rule 305.
   3. Only approved ignition devices will be used as stated in Rule 300.E.
7. Mechanized Burner Requirements
   The APCO may authorize, by permit, open outdoor fires for the purpose of disposing of agricultural wastes, or wood waste from trees, vines, bushes, or other wood debris free of nonwood materials, in a mechanized burner such that no air contaminant is discharged for a period or periods aggregating more than 30 minutes in any eight hour period which is;
   
   
   1. As dark or darker in shade as that designated No. 1 on the Ringlemann Chart, as published by the United States Bureau of Mines or
   2. Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection A of these rules.
      
      In authorizing the operation of a mechanized burner, the APCO may make the permit subject to whatever conditions he determines are reasonably necessary to assure conformance with the standards prescribed in this recalculation. section 41812)