CALAVERAS 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.

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 burial at a sanitary landfill. This material shall be allowed for disposal by burning in compliance with the following Rules:
   1. 302 Burning Permit Requirement
   2. 303 Burn Days
   3. 304 Burning Management
   4. 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. 302 Burning Permit Requirement
   2. 303 Burn Days
   3. 304 Burning Management
   4. 305 Minimum Drying Time
3. Hazard Reduction.
   1. The burning of vegetation such as, vines, bushes, and wastes 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. 302 Burning Permit Requirement
      2. 303 Burn Days
      3. 304 Burning Management
      4. 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 provisions 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 conditions:
   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 Burners Requirements. The APCO may authorize, by permit, open outdoor fires for the purpose of disposing of agricultural waste, 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 the 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 reasonablynecessary to assure conformance with the standards prescribed in this Regulation. (Section 41812)