U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 659
Air Pollution Regulations in
State Implementation Plans
California, Butte County
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Programs Development Div
Aug 78
Control
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oEPA
PB 296659
United States
Environmental Protection
Agency
: " ' '""""I "~
Office of Air Quality |\ EPA-450/3-78-054-2
Planning and Standards August 1978
Research Triangle Park NC 27711
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Butte County
.' REPRODUCED BY i
NATIONAL TECHNICAL \
j INFORMATION SERVICE ;
! U. S. DEPARTMENT OF COMMERCE .
« SPRINGFIELD. VA. 22161 j
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-2
2.
3. RECIPIENT-SA
4, TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: California Butte County
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOH(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l).of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(vnth the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978S are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
ENDED.TERMS C. CO5ATI FieW/GlOUp
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21.
20. SECURITY CLASS (This page)
Unclassified
22. PRICE f*r*
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054
Air Pollution Regulations
in State Implementation Plans
0
California
Butte County
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-054-2
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INTRODUCTION
• »
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments^ of 1977. The. Federally enforceable
regulations contained in the-State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. .State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been-recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations Contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated-:indirect-source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized-subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
iii
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ars incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, 'the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
BUTTE COUNTY
Submittal Date
6/30/72
Approval Date
9/22/72
Description
All regulations
unless otherwise
stated.
7/25/73
8/22/77
Sec. 1-1 thru 1-35,
2-8, 2-10 thru 2-11,
2A-1 thru 2A-18, 3-2
thru 3-2.1, 3-6, 3-9,
3-10.1, 3-11.1, 3-14,
3-16
1/10/75
2/10/76
8/22/77
5/11/77
Sec. 3-11, 3-12, 3-12.1
3-11.2
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
vi
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants-, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
—Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
vi i
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TABLE OF CONTENTS
BUTTE COUNTY REGULATIONS
Revised Standard
Subject Index
(1.0)
(2.0)
(50.6)
(50.1)
(51.9)
(51.9)
(51.9)
(51.16)
(50.2)
(50.2)
(2.0)
(2.0)
(2.0)
(51.20)
(51.20)
(2.0)
(3.0)
(3.0)
(51.20)
(51.20)
Section
Number
Chapter 1
Chapter 2
Section 2-4
Section 2-5
Section 2-8
Section 2-10
Section 2-11
Section 2-12
Section 2-13
Section 2-14
Section 2-15
Section 2-16
Section 2-17
Chapter 2A
Section 2A-1
Section 2A-2
Section 2A-3
Section 2A-4
Section 2A-5
Section 2A-6
Title Page
Definitions 1
Prohibitions 6
Dust and Fumes 7
Particulate Matter Concentration 8
Certain Outdoor Fires Prohibited 10
Single and Two-Family Dwelling
Exemption 10
Right of Way, Levee, Reservoir and
Ditch Clearing Exemption 11
Storage of Petroleum Products 11
Reduced Sulfur Emission Standards 11
Sulfur Oxides Emission Standard 12
Circumvention 12
Separation of Emissions 12
Combination of Emissions 12
Wood Waste Burning 13
Outdoor Burning of Certain Wood
Waste 13
Finding by County Health Officer 13
Permit Required 13
Information Furnished by Permit
Applicant 13
Notice of Intent to Ignite 13
Prohibition of Wood Waste Burning
on No-Burn Days 14
viii
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Revised Standard
Subject Index
(51.20)
(2.0)
(51.20)
(51.20)
(51.20)
(51.20)
(51.20)
(51.20)
(51.20)
(51.20)
(51.20)
(2.0)
(51.1)
(51.13)
(51.1)
(3.0)
(3.0)
(3.0) (51.13)
(3.0)
(51.13)
Section
Number
Section 2A-7
Section 2A-8
Section 2A-9
Section 2A-10
Section 2A-11
Section 2A-12
Section 2A-13
Section 2A-14
Section 2A-15
Section 2A-16
Section 2A-17
Section 2A-18
Chapter 3
Section 3-1
Section 3-2
Section 3-2.1
Section 3-3
Section 3-4
Section 3-5
Title Page
Prohibition of Wood Waste Burning
by Fire Control Agency 14
Freedom From Contamination and
Moisture 14
Arrangement and Amount of Wood Waste 14
Ignition Devices 14
Ignition Prohibited Due to Wind
Direction 14
Drying Periods Required 14
Ignition Hours 15
Restriction of Wood Waste Burning
on Burn Days 15
Fire Prevention 15
Restriction on Total Amount of Wood
Waste Burning 15
Burning of Vines or Bushes Treated
with Herbicides 15
Certain Prohibitions Not Applicable 16
Orchard Heaters and Agricultural
Burning 16
Orchard Heaters 16
Permit Required 16
Certificate From Department of Fish
and Game 16
Burning Permit Agencies 16
Information Furnished by Permit
Applicant 17
Notice of Intent to Ignite 17
ix
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Revised Standard
Section
Subject Index
(51.13)
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(51.13)
(2.0)
(3.0)
(51.13)
(51.13)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
Number
Section 3-6
Section 3-7
Section 3-8
Section 3-9
Section 3-10
Section 3-10.1
Section 3-11
Section 3-11.1
Section 3-11.2
Section 3-12
Section 3-12.1
Section 3-13
Section 3-14
Section 3-15
Section 3-16
Section 3-17
Chapter 4
Section 4-1
Section 4-2
Section 4-3
Section 4-4
Title Page
Prohibition of Agricultural
Burning on No-Burn Days 17
Prohibition of Agricultural Burning
by Fire Control Agency 17
Freedom From Contamination and
Moisture 17
••*
Arrangement and, Amount of
Agricultural Waste 17
Ignition 18
Ignition Prohibited Due to Wind
Direction 18
Drying Period Required 18
Burning of Vines or Bushes Treated
with Herbicides 18
Rice Straw Burning 18
Ignition.Hours 19
Burning Hours For Rice Straw 19
Restriction of Agricultural Burning
on Burn Days 19
Exceptions 20
Special Permit 20
Restricted Burning Days 20
Fire Prevention 20
Permit System 21
General Requirements 21
Permits Required 21
Permit Fee 22
Exemptions from Permit Requirements 23
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Revised Standard
Section
Subject Index
(3.0)
(2.0)
(3.0)
(2.0)
(3.0)
(2.0)
(2.0)
(5.0)
(5.0)
(5.0)
(3.0)
(16.0)
(2.0)
(2.0)
(2.0)
(5.0)
(2.0)
(3.0)
(2.0)
(3.0) (5.0)
(2.0)
(2.0)
Number
Section 4-5
Section 4-6
Section 4-7
Section 4-8
Section 4-9
Section 4-10
Section 4-11
Chapter 5
Section 5-1
Section 5-2
Section 5-3
Chapter 6
Section 6-1
Section 6-2
Section 6-3
Section 6-4
Section 6-5
Section 6-6
Section 6-7
Section 6-8
Section 6-9
Section 6-10
Title Page
Standards for Granting Applications
for Permits 24
Conditional Approval 25
Denial of Applications 26
Further Information 26
Action Applications 26
Appeals 26
Appeal Fee 26
Variances 27
Request for Variance 27
Conditions for Granting Variances 27
Application Fee 27
Procedure Before the Hearing Board 27
General 27
Filing Petitions 27
Contents of Petition 28
Petition for Variance 28
Appeal from Denial, Conditional
Granting or Suspension 29
Petition for Revocation of Permit 29
Petition for Reinstatement of
Suspended Permit 29
Appeal and Petition for Variance
After Permit Denial 30
Failure to Comply With Rules 30
Answers 30
xi
-------
Revised Standard
Subject Index
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(51.1)
(15.0)
(2.0)
(2.0)
Section
Number
Section 6-11
Section 6-12
Section 6-13
Section 6-14
Section 6-15
Section 6-16
Section 6-17
Section 6-18
Section 6-19
Section 6-20
Section 6-21
Chapter 7
Section 7-2
Section 7-3
Chapter 8
Section 8-1
Title Page
Dismissal of Petition 30
Time and Place of Hearing 30
Notice and Hearing 31
Interested Members of Public;
Special Notice 31
Evidence 31
Record of Proceedings 32
Preliminary Matters 32
Official Notice 32
Continuances 33
Decision 33
Effective Date of Decision 33
Violations 33
Violation of Orchard Heater or
Agricultural Burning Regulations 33
Citations 34
Miscellaneous 34
Severability Clause 34
xn
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RULES AND REGULATIONS OF THE BUTTE
COUNTY AIR POLLUTION CONTROL DISTRICT
The Air Pollution Control Board of the Butte County Air Pollution Control
District does enact as follows:
The following rules and regulations shall be known as the rules and
regulations of the Butte County Air Pollution Control District:
CHAPTER 1
(1.0) DEFINITIONS:
Section 1-1 Garbage.
Every accumulation of animal, vegetable and other decomposable matter that
attends or results from the preparation, consumption, decay or dealing in
or storage of meats, fish, fowl, birds, fruits, vegetables or other food
products and food containers soiled with food stuff, and shall include
dead animals, fowl, birds, fish and any offal.
Section 1-2 Combustible or Flammable Solid Waste.
Any garbage, rubbish, trash, rags, paper, boxes, crates, excelsior, ashes,
offal, carcass of dead animal or any other combustible or flammable refuse
matter which is in solid form.
Section 1-3 Flue.
Any duct or passage for air, gas or the like, such as a stack or chimney,
Section 1-4 Person.
Any person, firm, corporation, association or public agency, including,
but not limited to, any city, county, district or the state,
Section 1-5 Open Outdoor Fire.
Any combustion of solid waste outdoors, in the open, not in any inclosure,
where the products of combustion are not directed through a flue,
Section 1-6 Solid Waste Dump.
Any accumulation for the purpose of disposal of any solid waste.
-1-
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Section 1-7 Orchard or Citrus Grove Heater.
Any article, machine, equipment, or other contrivance, burning any type
of fuel or material capable of emitting air contaminants, used or capable
of being used for the purpose of giving protection from frost damage.
Section 1-8 Agricultural Burning.
Open outdoor fires used in agricultural operations, or in improvement of
the land for wildlife and game habitat, for the purpose of the burning of
agricultural waste.
Section 1-9 Agricultural Operations.
The growing and harvesting of crops or raising of fowl, animals or bees,
forest management or range improvement, for the primary purpose of making
a profit, of providing a livelihood, or of conducting agricultural
research or instruction by an educational institution.
Section .1-9.1 Forest Management.
Includes timber operations, silviculture! practices and forest protection
practices.
Section 1-9.2 Timber Operations.
Cutting or removal of timber or other forest vegetation.
Section 1-9.3 Silvicultural.
The establishment, development, care and reproduction of stands of timber.
Section 1-10 Agricultural Waste.
Unwanted or unsaleable materials produced wholly from agricultural
operations. Agricultural waste includes the following: grass and weeds
growing in or on fence rows, ditches and ditch banks and in or adjacent
to fields in cultivation or being prepared for cultivation; vegetation
removed for range improvement, for a wildlife, game or livestock
habitat or for the initial establishment of an agricultural operation
on previously uncultivated land; and forest debris, Agricultural
waste does not include the following; items such as shop waste,
demolition debris, garbage, oil filters, crankcase oil or other petroleum
wastes, tires, plastics, pesticide containers, broken boxes, pallets,
and other similar materials; orchard waste removed for land use con-
version to non-agricultural purposes; and agricultural waste removed
from the property where it was grown.
-2-
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Section 1-11 Major Agricultural Crop.
Any single kind of agricultural crop growing on more than 1,001 acres
in the District. For purposes of this definition, vegetation grown on
land used for wildlife and game habitat, forest land and range land
shall not be considered to be crops.
Section 1-12 Minor Agricultural Crop.
Any single kind of agricultural crop growing on less than 1,001 acres
in the Butte County Air Pollution Control District.
Section 1-13 No Burn Day.
Any day on which the State Air Resources Board prohibits agricultural
burning.
Section 1-14 Burn Day. '
Any day on which the State Air Resources Board does not prohibit agri-
cultural burning.
Section 1-15 Approved Ignition Devices.
Those instruments or materials that will ignite agricultural waste
without the production of black smoke, including instruments or materials
such as liquid petroleum gas, butane or propane, diesel oil burners,
flares and other devices approved by the Control Office, but not
including such items as tires, tar paper and oil.
Section 1-16 District.
The Butte County Air Pollution Control District.
Section 1-17 Board.
The Air Pollution Control Board of the Butte County Air Pollution
Control District.
Section 1-18 Control Officer.
The Air Pollution Control Officer of the Butte County Air Pollution
Control District.
Section 1-19 Particulate Matter.
Discrete atmospheric particles of liquid, other than uncombined water,
or solids, as distinguished from a gas or vapor.
-3-
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Section 1-20 Process Weight Per Hour.
The total weight, including contained moisture, of all materials in-
troducedinto any specific process which may cause any discharge into
the atmosphere. Solid fuels charged will be considered as part of the
process weight, but liquid and gaseous fuels and combustion air will
not. The "process weight per hour" will be derived by dividing the total
process weight by the number of hours in one complete operation from
the beginning of any given process to the completion thereof, excluding
any time during which the equipment is idle.
Section 1-21 Dust.
Minute solid particles released into the air by natural forces or by
mechanical processes, including but not limited to such processes as
crushing, grinding milling, drilling, demolishing, shoveling, conveying,
covering, bagging or sweeping.
Section 1-22 Condensed Fumes.
Particulate matter generated by the condensation of vapors evolved
after volitization from the molten or liquid state, or generated by
sublimation, distillation, calcination, or chemical reaction, when
these processes create air-borne particles.
Section 1-23 Air Contaminant.
The term "air contaminant" includes, but is not limited to smoke, dust,
charred paper, soot, grime, carbon, noxious-acids, fumes, gases, odors,
or particulate matter, or any combination thereof.
Section 1-24 Multiple-Chamber Incinerator.
Any article, machine, equipment contrivance, structure or part of a
structure, used to dispose of combustible refuse by burning, consisting
of three or more refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by gas passage
ports or ducts and employing adequate design parameters necessary for
maximum combustion of the material to be burned. The refractories shall
have a Pyrometric Cone Equivalent of at least 17, tested according to
the method described in the American Society for Testing Materials,
Method C-24.
Section 1-25 Pressure Tank.
A tank which maintains working pressure sufficient at all times to
prevent hydrocarbon vapor or gas loss to the atmosphere.
-4-
-------
Section 1-26 Vapor Recovery System.
A vapor gathering system capable of collecting the hydrocarbon vapors
and gases discharged and a vapor disposal system capable of processing
such hydrocarbon vapors and gases so as to prevent their emission to
the atmosphere, with all tank gauging and sampling devices gas-tight
except when gauging or sampling is taking place.
Section 1-27 Floating Roof.
Consists of a pontoon-type or double-deck-type roof, resting on the
surface of the liquid contents and equipped with a closure seal, or
seals, to close the space between the roof edge and tank wall. The
control equipment provided for in this section shall not be used if the
gasoline or petroleum distillate has a vapor pressure of 11.0 pounds
per square inch absolute or greater under actual storage conditions
All tank gauging and sampling devices shall be gas-tight except when
gauging or sampling is taking place.
Section 1-28 Gasoline.
Any petroleum distillate having a Reid vapor pressure of four (.4) pounds
or greater.
Section 1-29 Submerged Fill Pipe.
Any fill pipe which has its discharge opening entirely submerged when
the liquid level is six inches (6") above the bottom of the tank.
"Submerged fill pipe", when applied to a tank which is loaded from the
side, means any fill pipe which has its discharge opening entirely
submerged when the liquid level is eighteen inches (18") above the
bottom of the tank.
Section 1-30 Combustion Contaminant.
Any particulate matter discharged into the atmosphere from the burning
of any material which contains carbon in either the free or the combined
state.
Section 1-31 Atmosphere.
The air'that envelops or surrounds the earth. Where air pollutants
are emitted into a building not designed specifically as a piece of
air pollution control equipment such emission into the building shall
be considered an emission into the atmosphere.
-5-
-------
Section 1-32 Standard Conditions.
As used in these Rules and Regulations, "standard conditions" refer to
a gas temperature of sixty (60) degrees Fahrenheit and a gas pressure
of fourteen and seven-tenths 04,7) pounds per square inch absolute,
Section 1-33 LPG.
Liquid petroleum gas.
Section 1-34 PPM.
Parts per million by volume expressed on a dry gas basis,
Section 1-35 Total Reduced Sulfur (TRS).
Total reduced sulfur contained in hydrogen sulfide, mercaptans, dimethyl
sulfide, dimethyl disulfide or other organic sulfide compounds, all
expressed as hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or
suIfuric acid are not to be included in the determination of TRS,
CHAPTER 2
(2.0) PROHIBITIONS;
Section 2-1
No person shall discharge from any non-vehicular source such quantities
of air contaminants or other material which cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to the
public or which endanger the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency
to cause injury or damage to business or property.
Section 2-2
No person shall discharge into the atmosphere from any single non-
vehicular source of emission whatsoever any air contaminant for a
period or periods aggregating more than three minutes in any one hour
which is :
a. As dark or darker in shade as that designated as No, 2 on
the Ringleman Chart as published by the U.S. Bureau of Mines, or
b. Of such opacity as to obscure an observers view to a degree
equal to or greater than does smoke described in subsection
"a" of this section.
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Section 2-3
Where the presence of uncombined water is the only reason for failure
of an emission to meet the limitations of Section 2-2, that section
shall not apply.
(50.6) Section 2-4 Dust and Fumes.
No person shall discharge in any one hour from any source whatsoever
dust or fumes in total quantities in excess of the amounts shown in
the table set out below and titled "Allowable Rate of Emission Based
on Process Weight Rate." To use the said table, the following steps
should be followed: take the process weight per hour as defined in
Section 1-20, then find this figure on the table, opposite which is
the maximum number of pounds of contaminants which may be discharged
into the atmosphere in any one hour. Interpolation of the data in
the table for process weights up to 60,000 pounds/hour shall be ac*
complished by use of the equation E=4.10 P°.67 and interpolation and
extrapolation of the data for process rates in excess of 60,000 pounds/
hour shall be accomplished by use of the equation E=55,0 P°,ll-r40,
For purposes of these equations, E=the rate of emission in pounds/hour
and P= the process weight rate in tons/hour,
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ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE
(50.1)
Process Weight
Rate
Lb./Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Section
Tons/Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb./Hr.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.06
6.52
7.58
8.56
9.49
10.4 1
11.2 2
12.0 6
13.6
2-5 Participate Matter
Process Weight
Rate
Lb./Hr. Tons/Hr.
16,000 8.00
18,000 9.00
20,000 10.
30,000 15.
40,000 20.
- 50,000 25.
60,000 30.
70,000 35.
80,000 40.
90,000 45.
100,000 50.
120,000 60.
140,000 70.
160,000 80.
200,000 100.
,000,000 500
,000,000 1,000
,000,000 3,000
Concentration.
Rate of
Emission
Lb./Hr.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
No person shall discharge into the atmosphere from any source participate
matter in excess of 0.3 grains per cubic foot of gas at standard
conditions.
When the source involves a combustion process, the concentration
must be calculated to 12 percent carbon dioxide (C02). In measuring
the combustion contaminants from incinerators used to dispose of
combustible refuse by burning, the carbon dioxide (C02) produced by
combustion of any liquid or gaseous fuels shall be excluded from the
calculation of 12 percent of carbon dioxide (C02).
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The provisions of this section shall not apply to processes in
lawful operation on the effective date of these regulations; provided,
however, that said processes shall comply with this section on and after
December 31, 1972.
Section 2-6
The provisions of Sections 2-1, 2-2, 2-5 and 2-8 shall not apply to
smoke from-fires:
•
a. Set by or permitted by any public officer if such fire is
set or permission given in the performance of the official
duty of such officer, and such fire in the opinion of such
officer is necessary:
1. For the purpose of the prevention of a fire
hazard which cannot be abated by any other
means, or
2. For the instruction of public employees in the
methods of fire fighting, or
3. For the improvement of watershed range or pasture,
or
4. For the growing of crops or raising of fowls or
animals, or
5. For the purpose of disease and pest control and
prevention.
b. Set pursuant to permit on property used for industrial
purposes for the purposes of instruction of employees in
methods of fire fighting.
c. Set pursuant to 4426 of the Public Resources Code as back
fires necessary to save life or valuable property.
Section 2-7
The provisions of Section 2-1, 2-2, and 2-5 shall not apply to;
a. Agricultural operations and associated odors necessary for the
growing of crops or raising of fowls or animals.
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b. Use of any aircraft to distribute seed, fertilizer,
insecticides or other agricultural aids over lands devoted
to the growing of crops or raising of fowl or animals,
(51.9) Section 2-8 Certain Outdoor Fires Prohibited.
No person shall, after December 31, 1971, set or use or permit the
setting or use of open outdoor fires for the purpose of disposal 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 automobile bodies. For purposes of this section,
a person shall be deemed to have permitted the setting or use of such
fires if he permits the setting or use of such fires for the disposal
of such wastes under his control, on land under his control or by
employees or other persons under his control.
Section 2-8.1
It is unlawful to burn rubbish or garbage at dumps, refuse disposal areas
or at any solid waste dump, whether public or private, or to burn
garbage anywhere else in the County of Butte, except under a variance.
Section 2-8.2
The air pollution control board shall permit a city, city and county,
or county to use open outdoor fires, for a limited time only, in its
operation of a solid waste dump, upon the finding that because of sparse
population in the geographical area and economic and technical diffi-
culties, the solid waste dump should be so operated.
Section 2-9
Nothing in these regulations shall be construed as prohibiting agricul-
tural burning authorized pursuant to Chapter 3 of these regulations.
.9) Section 2-10 Single and Two-Family Dwelling Exemption.
Nothing in these regulations shall be construed as prohibiting burning
for the disposal of combustible or flammable solid waste of a single
or two family dwelling on its premises; provided, however, that no
burning of garbage, demolition debris, petroleum waste, tires, tar,
plastics, cloth or other similar smoke producing materials on said
premises shall be permitted.
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(51.9) Section 2-11
Right of Way, Levee, Reservoir, and Ditch Clearing
Exemption.
Nothing in these regulations shall be construed to prohibit burning by
a public entity or utility for right-of-way clearing or other property
access, or for levee, reservoir, ditch or drainage maintenance. No
material may be burned pursuant to this section unless the burning is
done on a burn day and the material to be burned has been arranged so
that it will ignite as rapidly as practicable within applicable fire
control restrictions and burn with a minimum of smoke. Such material
shall be cut, uprooted or(treated, and allowed to dry, in the same
manner as specified in Sections 2A-11 or 2A-16 of these Rules and
Regulations; provided, however, that material growing in or on ditches,
ditch banks and drainage areas may be burned in place without being
cut, uprooted or treated.
(51.16) Section 2-12 Storage of Petroleum Products.
a. Any person who, after December 31, 1970, loads or permits
the loading of gasoline into any stationary tank with a
capacity of 250 gallons or more from any tank truck or
trailer, except through a permanent submerged fill pipe,
unless such tank is a pressure tank or is equipped with a
vapor recovery system or with a floating roof, or unless
such tank is equipped with other apparatus of equal efficiency
which has been approved by the Air Pollution Control Officer,
is guilty of a misdemeanor.
Any person who installs any gasoline tank with a capacity of
250 gallons or more which does not meet the requirements of
subdivision (a) is guilty of a misdemeanor.
Subdivisions (a) and (b) shall not apply to any stationary
tank installed prior to December 31, T9/0.
Subdivisions (a) and (b) shall not apply to any stationary
tank which is used primarily for the fueling of implements
of husbandry, as such vehicles are defined in Division 16
(commencing with 36000 of the Vehicle Code).
(50.2) Section 2-13 Reduced Sulfur Emission Standards.
a. It shall be unlawful for any person to cause or permit the
emission of air contaminants from any premises which will
result in ground-level concentrations of TRS, expressed as
hydrogen sulfide, in excess of 0.03 PPM for a period of
60 minutes.
b. By July 1, 1975, the emission of TRS from Kraft pulp mill
recovery boilers shall not exceed 17.5 parts per million by
volume, calculated as hydrogen sulfide.
b.
c.
d.
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c. By July, 1, 1975, the emission of TRS from any other single
source, excluding Kraft pulp mill recovery boilers, shall not
exceed 0.5 pounds per ton of pulp produced, calculated as
elemental sulfur.
(50.2) Section 2-14 Sulfur Oxides Emission Standard.
No person shall discharge into the atmosphere from any single source of
emission whatsoever any sulfur oxides in excess of 0.2 percent by
volume (2000 PPM) collectively calculated as sulfur dioxide (S02).
(2.0) Section 2-15 Circumvention.
No person shall build, erect, install or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction tn the total release of air contaminants to the atmosphere,
reduces or conceals an emission which would otherwise constitute a vio-
lation of the Health and Safety Code of the State of California or of
these Rules and Regulations. This Rule shall not apply to cases in
which the only violation involved is of 24243 of the Health and Safety
Code of the State of California or Section 2-1 of these Rules and
Regulations.
(2.0) Section 2-16 Separation of Emissions.
If air contaminants from a single source operation are emitted through
two or more emission points, the total emitted quantity of any air
contaminant limited by these Rules and Regulations shall not exceed
the quantity which would be the allowable emission through a single
emission point, and the total emitted quantity of any such air con-
taminant shall be taken as the product of the highest concentration
measured in any of the emission points and the combined exhaust gas
volume from all emission points, unless the person responsible for the
source operation establishes, to the satisfaction of the Air Pollution
Control Officer, the correct total emitted quantity.
(2.0) Section 2-17 Combination of Emissions.
a. If air contaminants from two or more source operations
are combined prior to emission and there are adequate and
reliable means reasonably susceptible to confirmation and
use by the Air Pollution Control Officer for establishing
a separation of the components of the combined emission
to indicate the nature, extent, quantity and degree of
emission arising from each such source operation, then all
of the applicable prohibitions contained in these Rules
and Regulations shall apply to each such source operation
separately.
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b. If air contaminants from two or more source operations are
combined prior to emission, and the combined emissions cannot
be separated according to the provisions of part (a) of this
section, then all of the applicable prohibitions contained in
these Rules and Regulations shall be applied to the combined
emission as if it originated in a single source operation.
CHAPTER 2 A
(51.20) WOOD WASTE BURNING;
(51.20) Section 2 A-l Outdoor Burrii hg of Certain Wood Waste.
Wood waste from trees, vines, or bushes on property being developed for
commercial or residential purposes, may be disposed of by open outdoor
fires' on the property where it was grown, pursuant to the provisions
of Section 39297.6 of the Health and Safety Code and in compliance with
the conditions of this Chapter.
(2.0) Section 2 A-2 Findirig by County Health Off 1 cer.
Before open burning of such wood waste may be allowed, there must be a
finding by the Butte County Health Officer that it is more beneficial,
in terms of the general public health of the persons within the District,
to burn such wood waste on location, than to dispose of it by other means,
(3.0) Section 2 A-3 Permit Required.
No person shall knowingly ignite or burn wood waste, or permit the
ignition or burning of wood waste under his control, on land under his
control or by employees or other persons under his control, pursuant to
this Chapter, unless he has a valid wood waste burning permit issued
in accordance with and subject to the provisions of this Chapter by the
Control Officer.
(3.0) Section 2 A-4 Information Furnished by Permit Applicant.
Each applicant for a permit for wood waste burning pursuant to this
Chapter shall provide such information as is required by the designated
fire protection agency for fire protection purposes and such additional
information as may be required by the Control Officer.
(51.20) Section 2 A-5 Notice of Intent to Ignite.
Prior to ignition or burning of any wood waste pursuant to permit
issued in accordance with this Chapter, the permittee shall give
notice of intent to ignite or burn to the fire control agency having
jurisdiction over the site of the proposed burn.
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(51.20) Section 2 A-6 Prohibition of Hood Waste Burning on No-Burn Days.
No wood waste burning permit issued pursuant to this Chapter shall be
valid on a no-bum day and no person shall knowingly ignite or burn
wood waste, or permit the ignition or burning of wood waste under his
control, on land under his control or by employees or other persons
under his control, on a no-burn day.
(51.20) Section 2 A-7 Prohibition of Wood Waste Burning by Fire Control Agency.
No wood waste burning permit issued pursuant to this Chapter shall be
valid for any day on which burning is prohibited, for the purpose of
fire control or prevention, by the public fire control agency having
jurisdiction over the site of the burn.
(2.0) Section 2 A-8 Freedom From Contamination and Moisture.
All wood wastes to be burned shall be free of tires, rubbish, tar,
paper, construction debris, garbage, plastics and all other combustible
or flammable solid waste not grown on the property, and shall be
reasonably free of dirt, soil, and visible surface moisture.
(51.20) Section 2 A-9 Arrangement and Amount of wood Waste.
Wood waste shall be arranged so that it will ignite as rapidly as
practicable within applicable fire control restrictions and burn with
a minimum of smoke. Only that amount of wood waste that can reasonably
be expected to completely burn within the twenty-four (24) hour period
following ignition shall be ignited on any one (1) day; provided
however, that trees, stumps and branches greater than six (6) inches
in diameter may be ignited even though they cannot reasonably be ex-
pected to completely burn within such period.
(51.20) Section 2 A-10 Ignition Devices.
All wood wastes to be burned shall be ignited only with approved types
of ignition devices as defined in Section 1-15 of Chapter 1.
(51.20) Section 2 A-11 Ignition Prohibited Due to Wind Direction.
Wood waste shall not be ignited when the wind direction is such that
smoke from the burning of such waste would be blown or carried into a
nearby populated area and could create a public nuisance.
(51.20) Section 2 A-12 Drying Periods Required.
To lower the moisture content of wood waste, the elapsed time between
cutting or uprooting and ignition or burning shall be:
1. A minimum of fifteen (15) days for vines or bushes.
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2. A minimum of thirty (30) days for trees, stumps,
and branches greater than six (6) inches in diameter.
(51.20) Section 2 A-13 Ignition Hours.
Each permit for wood waste burning shall specify the hours for ignition
of fires and burning as indicated in the regulations of the fire con-
trol agency having jurisdiction over the site of the burn, and no person
shall knowingly ignite or burn wood waste, or permit the ignition or
burning of any wood waste under his control, on land under his control
or by employees or other persons under his control, except during the
hours so specified.
(51.20) Section 2 A-l4 Restriction of Vl66d Haste Burning on Burn Days.
The Control Officer may restrict wood waste burning on burn days if
such burning would cause or contribute to extreme adverse air quality
condtions.
(51.20) Section_2 A-15 Fire Prevention.
Nothing in these rules is intended to permit open burning of wood
wastes on days when such open burning is prohibited or in a manner
which is prohibited by public fire protection agencies for purposes
of fire control or prevention. . . ._.
(51.20) Section 2 A-16 Restriction on Total Amount of Wood Waste Burning.
The maximum amount of wood waste which may be burned on any one day is
the wood waste grown upon not more than two hundred and fifty (250)
total acres of land in the District. Provided, however, that the
Control Officer may authorize burning in excess of this amount if a
public health hazard would be caused unless such additional burning
were permitted.
(51.20) Section 2 A-17 Burning of Vines or Bushes Treated with Herbicides.
Notwithstanding the provisions of Section 2 A-12, vines or bushes may
be burned in place without being cut or uprooted if they are treated
and desicated with herbicides and allowed to dry at least six (6)
months prior to ignition or burning. Provided, however, that if the
applicant for a wood waste burning permit demonstrates to the satis-
faction of the Control Officer that burning of vines or bushes treated
with herbicides could be accomplished prior to the expiration of such
six (6) month period in a manner which would produce no more smoke
than would be produced by the burning of the same type of vines or
bushes which had been cut or uprooted and dried for fifteen (15) days,
such burning may be allowed by the Control Officer prior to the ex-
piration of the six (6) month period.
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(2.0) Section 2 A-18 Certain Prohibitions Not Applicable.
The provisions of Sections 2-2, 2-4, 2-5 and 2-8 shall not apply to
wood waste burning pursuant to this chapter.
CHAPTER 3
(51.1) ORCHARD HEATERS AND AGRICULTURAL BURNING:
(51.13)
(51.1) Section 3-1 Orchard Heaters.
No new orchard or citrus heater produced or manufactured shall be sold
for use against frost damage after January 1, 1971, unless it has been
approved by the State Air Resources Board. No person shall use any
orchard or citrus heater after January 1, 1975, unless it has been
approved by the State Air Resources Board or does not produce more than
one gram/minute of unconsumed solid carbonaceous material.
(3.0) Section 3-2 Permit Required.
No person shall knowingly ignite or burn agricultural waste or permit
the ignition or burning of agricultural waste under his control, on
land under his control or by his employees or other persons under his
control, unless he has a valid agricultural burning permit issued in
accordance with and subject to the Rules and Regulations of the District
by the Control Officer or a designated fire control agency in the area
where the agricultural burn will take place.
(3.0) Section 3-2.1 Certificate From Department of Fish and Game.
No agricultural burning shall be conducted for the improvement of
land for wildlife or game habitat until the person desiring to conduct
such burning obtains from the Department of Fish and Game a written
statement certifying that the burning is desirable and proper for the
improvement of land for wildlife or game habitat and such statement is
filed with the Control Officer.
(3.0) Section 3-3 Burning Permit Agencies.
(51.13)
The following fire protection agencies are hereby designated to issue
permits for agricultural burning within the District: City Fire Depart-
ments, California Division of Forestry, Butte County Fire Department,
Fire Protection Districts, and/or other equivalent agencies.
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(3.0) Section 3-4 Information Furnished by Permit Applicant.
Each applicant for a permit for agricultural burning shall provide
such information as is required by the designated fire protection
agency for fire protection purposes and such additional information as
may be required by the Control Officer.
(51.13) Section 3-5 Notice of Intent to Igiiite.
Prior to ignition of any agricultural burning pursuant to a permit
issued in accordance with these rules, the permittee shall give notice
of intent to ignite to the fire control agency having jurisdiction over
the site of the proposed burn.
(51.13) Section 3-6 Prohibitioii of Agrioiltural Burni lig on No-Burn Days.
No agricultural burning permit shall be valid on a no-burn day and no
person shall knowingly set or permit agricultural burning on a no-burn
day. For the purpose of this section, a person shall be deemed to have
permitted agricultural burning if he permits the setting or use of such
fires for the disposal of agricultural waste under his control, on land
under his control or by employees or other persons under his control.
(51.13) Section 3-7 Prohibition of Agricultural Burning by Fire Control Agency
No permit shall be valid for any day on which burning is prohibited, for
the purposes of fire control or prevention, by the designated fire con-
trol agency having jurisdiction over the site of the burn.
(2.0) Section 3-8 Freedom From Contamination and Moisture.
All agricultural wastes to be burned shall be free of tires, rubbish,
tar paper, construction debris, used pesticide containers, and all
other non-agricultural wastes, and shall be reasonably free of dirt,
soil, and visible surface moisture.
(.51.13) Section 3-9 Arrangement and Amount of Agricultural Waste.
Agricultural waste shall be arranged so that it will ignite as rapidly
as practicable within applicable fire control restrictions and burn
with a minimum of smoke. Only the amount of agricultural waste that
can reasonably be expected to completly burn within the twenty-four
(24) hour period following ignition shall be ignited on any one (1)
day; provided, however, that trees, stumps and branches greater than
six (6) inches in diameter may be ignited even though they cannot
reasonably be expected to completely burn within such period.
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(51.13) Section 3-10 Ignition.
All agricultural wastes to be burned shall be ignited only with approved
types of ignition devices as defined in Section 1-15 of Chapter 1.
(51.13) Section 3-10.1 Ignition Prohibited Due to Wind Pirection.
Agricultural waste from forest management or range improvement or
improvement of the land for wildlife and game habitat shall not be
ignited when the wind direction is such that smoke from the burning
of such waste would be blown or carried into a nearby populated area
and could create a public nuisance.
(51.13) Section 3-11 Drying Period Required.
Except as provided for in Section 3-11.2 of these Rules and Regulations,
to lower the moisture content of agricultural waste, the elapsed time
between cutting, felling or uprooting and ignition or burning shall be:
1. A minimum of thirty (30) days for trees, stumps,
and branches greater than six (6) inches in diameter.
2. A minimum of fifteen (15) days for vines or bushes.
.(51.13V Section 3-n.i- Burning of Vines or Bushes Treated with Herbicides.
Notwithstanding the provisions of Section 3-11, vines or bushes may be
burned in place without being cut or uprooted if they are treated and
dedicated with herbicides and allowed to dry at least six (6) months
prior to ignition or burning. Provided, however, that if the applicant
for an agricultural burning permit demonstrates to the satisfaction
of the Control Officer that burning of vines or bushes treated with
herbicides could be accomplished prior to the expiration of such six
(6) month period in a manner which would produce no more smoke than
would be produced by the burning of the same type of vines or bushes
which had been cut or uprooted and dried for fifteen (15) days, such
burning may be allowed by the Control Officer prior to the expiration
of the six (6) month period.
(51.13)Section 3-11.2 Rice Straw Burning.
The following shall apply to all rice straw and stubble burning:
1. All rice harvesters shall employ a mechanical
straw spreader to insure even distribution of
the straw, with the exception that rice straw may
be left in rows providing that it meets the drying
time criteria prior to a burn as described in this
section. „ . .
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Rice stubble is to be ignited only by strip firing
into the wind or by backfiring except where and when
extreme fire hazards are declared to exist.
2. The drying time after harvest shall be not less than
three days and no row rice straw shall be burned prior
to a ten-day drying time, except that if the rice
straw or stubble makes an audible crackle when tested
just prior to burning with the testing method described
in this section. After a rain exceeding 15/100 of
an inch rice straw or stubble shall not be burned
unless the straw makes an audible crackle when tested
just prior to burning with the testing method described
in this section.
3. When checking the field for moisture the grower
shall test a composite sample of straw from under
the mat, in the center of the mat and from the
different areas of the field to insure a representative
sample. A handful of straw from each area will give
a good indication.
4. During the critical period from October 1 through
November 15 of each year, the acreage of agricultural
burning shall be reduced to 50% of the allotment
which is permitted during other times of the year.
(51.13) Section 3-12 Ignition Hours.
Except as provided for in Section 3-12.1 herein permits shall specify
the hours from 7:45 a.m. to one (1) hour before sunset for ignition of
fires, and no person shall knowingly ignite agricultural waste, or
permit the ignition of agricultural waste under his control, on land
under his control or by employees or other persons under his contol,
except during these hours.
(51.13) Section 3-12.1 Burning Hours For Rice Straw.
No ignition of rice straw or stubble burning shall commence before
10:00 a.m. nor after 5:00 p.m. in any day.
(51.13) Section 3-13 Restriction of Agricultural Burning on Burn Days.
The Control Officer may restrict agricultural waste burning on burn
days if such burning would cause or contribute to extreme adverse air
quality conditions.
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(2.0) Section 3-14 Exceptions.
Agricultural burning is exempt from the provisions of Chapter 3 if:
1. The burning is done at 6,000 feet or more above
mean sea level.
2. The burning is performed with LP6 or natural gas-
fired burners designed and used to kill seedling
grass and weeds in orchards and field crops and the
growth is such that combustion will not continue
without the burner.
(3.0) Section 3-T5 Special Permit.
Notwithstanding any other provision in this Chapter, the Control Officer
may, by special permit, authorize agricultural burning on days designated
by the State Air Resources Board as no-burn days when denial of such
permit would threaten imminent and substantial economic loss or would
cause a public health hazard. The granting of such a special permit
does not exempt the applicant from any-other District or fire control
regulation. The applicant shall submit to the Control Officer in
writing on the form provided, his reasons why denial of the permit
would cause imminent and substantial economic loss or a public health
hazard.
(51.13) Section 3-16 Restricted Burning Days.
If, for any reason it becomes likely that agricultural waste from more
than 10% of the total acreage within the District of any major agri-
cultural crop or from more than 250 acres within the District used for
wildlife or game habitat, forest land and range land will be burned on
any one day, the Control Officer shall notify the local agencies
designated in Section 3-3 that a condition of restricted burning exists.
On days of restricted burning, the said local agencies shall restrict
the acreage to be burned under permit to that acreage allocated to the
agency by the Control Officer. The Control Officer shall prorate the
amounts to be burned to each agency based on the estimated number of
acres in the geographic area covered by the agency.
(51.13) Section 3-17 Fire Prevention.
Nothing in these rules are intended to permit open burning of agri-
cultural wastes on days when such open burning is prohibited by public
fire protection agencies for purposes of fire control or prevention.
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CHAPTER 4
(3.0) PERMIT SYSTEM;.
(2.0) Section 4-1 General Requirements.
a. No person shall cause or permit the construction or modification
of any new source of air contaiminants without first obtaining
an authority to construct or modify from the Air Pollution
Control Officer as to the location and design of such new !
source to comply with applicable rules and regulations and >
ambient air quality standards of the District.
b. The Air Pollution Control Officer shall not approve such
construction or modification unless the applicant demonstrates
to the satisfaction of the Air Pollution Control Officer that
the new source can be expected to comply with all applicable
state laws and District rules and regulations.
(3.0) Section 4-2 Permits Required.
a. Authority to Construct.
Any person building, erecting, altering or replacing any
article, machine, equipment or other contrivance, the use
of which may cause the issuance of air contaminants or the
use of which may eliminate or reduce or control the issuance
of air contaminants, shall first obtain written authorization
for such construction from the Air Pollution Control Officer.
An authority to construct shall remain in effect until the
permit to operate the equipment for which the application
was filed is granted or denied or the application is cancelled.
b. Permit to Operate.
Before any article, machine, equipment or other contrivance
described in subsection (a) above may be operated or used,
or leased or rented for operation or use, a written permit
shall be obtained from the Air Pollution Control Officer.
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No permit to operate or use shall be granted either by the
Air Pollution Control Officer or the Hearing Board for any
article, machine, equipment or contrivance described in
subsection (a) above, constructed or installed without
authorization as required by subsection (a) above, until
the information required pursuant to these Rules and Regulations
presented to the Air Pollution Control and such article,
machine, equipment or contrivance is altered if necessary,
and made to conform to the standards set forth elsewhere in
these Rules and Regulations.
(3.0) Section 4-3 Permit Fee.
Each applicant for a permit required by this Chapter shall, upon filing
his application and paying a minimum filing fee of ten dollars ($10.00),
pay and additional fee as specified in the following fee schedule;
provided however, that no fees shall be required for the filing of an
application for a permit by a public agency or a public officer acting
in the scope of his official capacity. These fees have been determined
by the Air Pollution Control Board to not exceed the estimated cost of
issuing the specified permits and inspection pertaining to such issuance.
Neither the filing fee nor the schedule fees shall be returnable.
Fee Schedule
Type of Permit Fee
Permi t to construct, al ter or operate ^
burning equipment (based upon designed fuel
consumption of the equipment in British Thermal
Units (BTUs) per hour, using gross heating values
of the fuel).
Up to and including 10,000,000 BTUs $ 5.00
per hour.
Over 10,000,000 BTUs per hour 50.00
Permit to construct, alter or operate
incinerator (based upon maximum horizontal
inside cross-section area, in square feet, of
the primary combustion chamber).
Up to and including 100 square feet. 5.00
Over 100 square feet. 50.00
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Permit to construct, alter or operate other $10.00
equipment not specified above which may cause
the emission of air contaminants.
Duplicate permits (to replace lost or destroyed 2.00
permits).
(3.0) Section 4-4 Exemptions From Perririt Requirements.
No authorization to construct or permit to operate, shall be required
for:
a. Vehicles as defined by the Vehicle Code of the State of
California, but not including any article, machine, equipment
or other contrivance mounted on such vehicle that would
otherwise require-a permit under the provisions of these
. Rules and Regulations.
b. Vehicles used to transport passengers or freight.
c. Equipment utilized exclusively in connection with any
struction which is designed for and used exclusively as
a dwelling for not more than two (2) families, including
incinerators used exclusively in connection with such a
structure.
d. The following equipment:
1. Comfort air conditioning or comfort ventilating
systems which are not designed to remove air
contaminants generated by or released from specific
units or equipment.
2. Refrigeration units, except those used as, or in
conjunction with, air pollution control equipment.
3. Piston-type internal combustion engines.
4. Water cooling towers and water cooling ponds not
used for evaporative cooling of process water or
not used for evaporative cooling of water from
barometric jets or from barometric condensers.
5. Equipment used exclusively for steam cleaning.
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6. Presses used exclusively for extruding metals,
minerals, plastics or wood.
e. Space heaters.
f. Equipment used in eating establishments for the purpose of
preparing food for human consumption.
g. Steam heated 6y natural gas or LPG, or both.
i h. Self-propelled mobile construction equipment other than
i pavement burners.
i. Other sources of minor significance specified by the Air
Pollution Control Officer.
j. Agricultural implements used in agricultural operations.
(3.0) Section 4-5 Standards for Granting Applicatiohs for Permits.
a. The Air Pollution Control Officer shall deny authorization to
construct, or permit to operate except as provided in the
"Exemptions" above, if the applicant does not show that every
article, machine, equipment or other contrivance, the use of
which may cause the issuance of air contaminants, or the use
of which may eliminate or reduce or control the issuance of
air contaminants, is so designed, controlled, or equipped with
such air pollution control equipment that it may be expected
to operate without emitting or without causing to be emitted
air contaminants in violation of all applicable state and local
regulations.
b. No authority to construct or modify shall be granted unless the
applicant shows to the satisfaction of the Air Pollution Control
Officer that the new source, as designed or modified, does
not endanger maintenance or attainment of any applicable
ambient air quality standard.
c. Before authorization to construct or permit to operate is
granted, the Air Pollution Control Officer may require the
applicant to provide and maintain such facilities as are
necessary for sampling and test purposes in order to secure
information that will disclose the nature, extent, quantity
or degree of air contaminants discharged into the atmosphere
from the article, machine, equipment or other contrivance
described in the authorization to construct or permit to operate.
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In the event of such a requirement, the Air Pollution
Control Officer shall notify the applicant In writing of
the required size, number and location of sampling holes;
the size and location of the sampling platform; the access
to the sampling platform, and the utilities for operating
the sampling and testing equipment. The platform and access
shall be constructed In accordance with the General Industry
Safety Orders of the State of California.
d. In acting upon a Permit to Operate, if the Air Pollution
Control Officer finds that the article, machine, equipment
or other contrivance has been constructed not in accordance
with the Authorization to Construct, he shall deny the Permit
to Operate. The A1r Pollution Control Officer shall not
accept any further application for Permit to Operate the
article, machine, equipment or other contrivance so constructed
until he finds that the article, machine, equipment or other
contrivance has been reconstructed in accordance with the
Authorization to Construct.
e. The fact that an authorization to construct or modify or
a permit to operate an article, machine, equipment or other
contrivance described therein shall have been Issued by the
Air Pollution Control Officer shall not be an endorsement
of such article, machine, or other contrivance nor shall it
be deemed or construed to be a warranty, guarantee or repre-
sentation on the part of the Air Pollution Control Officer
that emission standards may not be exceeded by such article,
machine, equipment or other contrivance. In every Instance
the person, firm, or corporation to whom such authorization
or permit is Issued shall be and remain responsible under
these regulations for each and every instance wherein emission
standards are exceeded by the article, machine, equipment
or other contrivance described in the permit, and the fact
of issuance or authorization shall not be a defense to or
mitigation of any charge of violation.
(2.0) Section 4-6 Conditional Approval.
The Air Pollution Control Officer may issue an authorization to construct
or a permit to operate, subject to conditions which will bring the
operation of any article, machine, equipment or other contrivance within
the permit standards 1n which case the conditions shall be specified in
writing. Commencing work under such an authorization to construct, or
operation under such a permit to operate, shall be deemed acceptance of
all the conditions so specified. The A1r Pollution Control Officer
shall issue an authorization to construct or a permit to operate with
revised conditions upon receipt of a new application, if the applicant
demonstrates that the article, machine, equipment or other contrivance
can operate within the permit standards under the revised conditions.
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(3.0) Section 4-7 Denial of Applications.
In the event of denial of authorization to construct or permit to
operate the Air Pollution Control Officer shall notify the applicant
in writing of the reasons therefor. Service of this notification may
be made In person or by mall, and such service may be proved by the
written acknowledgement of the persons served or by the affidavit of
the person making the service. The Air Pollution Control Officer
shall not accept further application unless the applicant has corrected
those matters specified by the A1r Pollution Control Officer as his
reasons for denial of the authorization to construct or permit to
operate.
(2.0) Section 4-8 Further InformatiOn.
Before acting on an application for authorization to construct or permit
to operate, the Air Pollution Control Officer may require the applicant
to furnish information or further plans or specifications.
(3.0) Section 4-9 Action on Applications.
The applicant may, at his option, deem the authority to construct or
permit to operate denied if the Air Pollution Control Officer fails to
act on the application within thirty (30) days after filing, or within
thirty (30) days after applicant furnishes the further information,
plans and specifications requested by the Air Pollution Control Officer,
whichever is later, and If during such periods the Air Pollution Control
Officer has failed to notify the applicant that his application is still
under consideration. Within thirty (30) days after the first day on
which the applicant may deem such denial, the applicant may appeal
pursuant to the procedures of Section 4-10.
(2.0) Section 4-10 Appeals.
Within ten (10) days after service of notice by the Air Pollution
Control Officer of denial or conditional approval of an authorization
to construct or a permit to operate, the applicant may petition the
Hearing Board, in writing, pursuant to the provisions of Chapter 6 of
these Rules and Regulations, for a public hearing. The Hearing Board
after notice and a public hearing held within thirty (30) days after
filing of the petition, may order the action of the Air Pollution
Control Officer sustained or reversed, and such order may be made
subject to specified conditions.
(2.0) Section 4-11 Appeal Fee.
Any applicant filing an appeal pursuant to Section 4-10 shall pay a filing
fee in the amount of $25.00, which fee shall not be returnable.
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CHAPTER 5
(5.0) VARIANCES:
(5.0) Section 5-1 Request for Variance.
Any person may request a variance from the requirements established by
these Rules and Regulations or By orders of the Air Pollution Control
Board. Application for variances shall be filed with the Hearing
Board pursuant to the provisions of Chapter 6 of these Rules and
Regulations.
(5.0) Section 5-2 Conditions for Granting Variance.
Conditions for granting, revoking, modifying or extending variances
shall be as prescribed in Article 5 of Chapter 2 of Division 20 of
the Health and Safety Code (commencing with 24291).
(3.0) Section 5-3 Application Fee.
Any applicant for a variance must pay a filing fee in the amount of
$25.00 to the Clerk of the Hearing Board, which fee shall not be re-
turnable.
CHAPTER 6
(16.0) PROCEDURE BEFORE THE HEARING BOARD;
(2.0) Section 6-1 General.
This Chapter shall apply to all hearings before the Hearing Board
of the Butte County Air Pollution Control District.
(2.0) Section 6-2 Filing Petitions.
A request for a hearing shall be initiated by the filing of a petition
in triplicate with the Clerk of the Hearing Board, Office of the County
Clerk, Courthouse, Oroville, California 95965 and the payment to said
clerk of the applicable fee specified in Rule 4-11 or 5-3 of these Rules
and Regulations, after service of a copy of the petition has been made.
on the Air Pollution Control Officer, Agricultural Building, .
Nelson Avenue, P.O. Box 1229, Oroville, California 95965, and one copy
on the holder of the permit or variance, if any, involved. The petition
shall be served either by personal service or fay first class mail,
postage prepaid, addressed to the person to be served at his residence
or principal place of business.
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Service may be proved by written acknowledgement of the person served
or by the affidavit of the person making the service.
No fee shall be required for the filing of a petition by a public
agency or a public officer acting in the scope of his official capacity.
(2.0) Section 6-3 Contents of Petition.
Every petition shall state:
a. The name, address and telephone number of the petitioner,
or other person authorized to receive service of notices.
b. Whether the petitioner 1s an individual, co-partnership,
corporation or other entity, and names and addresses of
the partners, if a co-partnership, names and addresses of
the officers, if a corporation, and the names and addresses
of the governing board or other persons 1n control, if other
entity.
c. The type of business or activity involved in the application
and the street address at which it is conducted.
d. A brief description of the article, machine, equipment or
other contrivance, if any, involved in the application.
e. Whether the petitioner desires a hearing:
1. To request a variance, from any rule, regulation
or order of the District.
2. To request that an existing variance be revoked
or modified.
3. To appeal from the denial, conditional granting
or suspension of any permit required by these Rules
and Regulations.
4. To determine whether a permit should be revoked, or a
suspended permit reinstated.
(5.0) Section 6-4 Petition for Variance.
In addition to the general requirements of Section 6-3, a petition for
a variance shall state briefly:
a. The rule, regulation or order of the District complained of.
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b. The facts showing why compliance with the rule, regulation
or order would be unreasonable.
c. The damage or harm resulting or which would result to petitioner
from a compliance with such rule, regulation or order.
d. The period of time for which the variance is sought and the
reasons why this period is necessary.
e. The requirements of such rule, regulation or order which
petitioner can comply with and the date when this compliance
can be accomplished.
f. The advantages and disadvantages to the residents of the
District which would result from requiring compliance or
from granting a variance.
i
g. Whether or not operations under the requested variance would
constitute a nuisance.
(2.0) Section 6-5 Appeal from Denial, Conditional Granting or Suspension.
In addition to the general requirements of Section 6-3, petitions for
review of the denial, conditional granting or suspension of any permit
required by these rules and regulations shall set forth a summary of
the application for the permit, or a copy thereof, the alleged reasons
for the denial, conditional granting or suspension, and the reasons for
the appeal.
(3.0) -Section 6-6 Petition for Revocation of Permit.
In addition to the general requirements of Section 6-3, petitions for
revocation of permits shall allege the rule or regulation under which
the permit was granted and the rule or regulation which is alleged to
have been violated, together with a brief statement of the facts con-
stituting such alleged violation.
(3.0) Section 6-7 Petition for Reinstatement of Suspended Permit.
In addition to the general requirements of Section 6-3, petitions for
reinstatement of a suspended permit shall allege the rules under which
the permit was granted, together with a brief statement of the
information, analyses, plans or specifications which were required by
the Air Pollution Control Officer and why such information was not
furnished, together with a brief statement why the petitioner believes
such information was pertinent, a brief statement when it will be
furnished.
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(3.0) Section 6-8 Appeal and Petition for Variance after Permit Denial^.
(5.0) '
The Hearing Board shall not receive or accept a petition for variance
for the operation or use of any article, machine, equipment or other
contrivance until a permit to operate has been granted or denied by the
Air Pollution Control Officer; except that an appeal from a denial of a
permit to operate and a petition for a variance may be filed with the
Hearing Board in a single petition. A variance granted by the Hearing
Board after a denial of a permit to operate by the Air Pollution Control
Officer may include a permit to operate for the duration of the variance.
(2.0) Section 6-9 Failure to Comply with Rules .
The Clerk of the Hearing Board shall not accept for filing any petition
which does not comply with these Rules relating to the form, filing
and service of petitions unless the chairman or any two members of the
Hearing Board direct otherwise and confirm such direction in writing.
Such direction need not be made at a meeting of the Hearing Board.
The chairman or any two members, without a meeting, may require the
petitioner to state further facts or reframe a petition so as to
disclose clearly the issues involved.
(2.0) Section 6-10 Answers.
The holder of the permit or variance involved, the Air Pollution Control
Officer or other interested person may file an answer to a petition
filed pursuant to the provisions of this chapter within 10 days after
service of the petition on him. All answers shall be served in the same
manner as petitions under Section 6-2.
(2.0) Section 6-11 Dismissal of Petition.
The petitioner may request dismissal of his petition at any time prior
to submission of the case to the Hearing Board, and the clerk of the
Hearing Board shall dismiss the petition in such a case without the
necessity of a hearing or meeting of the Hearing Board. The clerk
shall notify all interested persons of such dismissal.
(16.0) Section 6-12 Time and Place of Hearing.
All hearings shall be held within 30 days after the petition therefor.:
has been filed at a time and place designated by the Hearing Board.
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(16.0) Section 6-13 Notice and Hearing.
Not less than 10 days before the date of the hearing, the Clerk of
the Hearing Board shall serve a notice of the time and place of
hearing on the petitioner, on the Air Pollution Control Officer,
on the holder of the permit or variance involved, if any, on any
person entitled to notice under 24275, 24295 or 24299 of the Health
and Safety Code, and on any person requesting special notice pursuant
to Section 6-14. Service of the notice shall be made in the manner
specified in Section 6-2; provided, however, that if the Identity or
address of any person entitled to notice is unknown, service shall be
made as specified in 24300 of the Health and Safety Code.
(2.0) Section 6-14 Interested Members of Public; Special Notice.
The Hearing Board shall allow interested members of the public a
reasonable opportunity to testify with regards to petitions for
variances and shall consider such testimony in making its determination.
Interested members of the public may request special notice of hearings
on such petitions by filing a written request therefor with the Clerk
of the Hearing Board.
(2.0) Section 6-15 Evidence.
-37- Oral evidence shall be taken at the hearing only on oath
or affirmation.
b. Each party shall have the following rights at the hearing:
to call and examine witnesses; to introduce exhibits; to
cross-examine opposing witnesses on any matter relevant to
the issues even though that matter was not covered in the
direct examination; to impeach any witness regardless of which
party first called him to testify; and to rebut the evidence
against him. If respondent does not testify in his own behalf,
he may be'called and examined as if under cross-examination.
c. The hearing need not be conducted according to technical
rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence on
which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common
law or statutory rule which might make improper the admission
" of such evidence over objection in civil actions.
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Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence but shall not be sufficient
in itself to support a finding unless it would be admissable
over objection in civil actions. The rules of privilege
shall be effective to the same extent that they are now or
hereafter may be recognized in civil actions and irrelevent
and unduly repetitious evidence shall be excluded.
(13.0) Section 6-16 Record of Proceedings.
A record of all proceedings had before the Hearing Board shall be
made. The record shall be prepared in accordance with one of the
following methods.
1. A written summary of all the evidence, testimony
and proceedings had and presented at the hearing
shall be made by a person designated by the Hearing
Board for that purpose; or
2. Any interested person, including the District, may
at his own cost provide a certified shorthand re-
porter satisfactory to the Hearing Board who shall
prepare a verbatim transcript of all the evidence,
testimony and proceedings had and presented at the
heari ng.
The Hearing Board may require that the original
and one copy of such transcript, each certified to
by the reporter as to its accuracy, be filed with
the Hearing Board within 30 days from the closing
date of the hearing unless required by the Board
prior to that time.
(2.0) Section 6-17 Preliminary Matters.
Preliminary matters such as setting a date for hearing, granting
continuances, approving petitions for filing, allowing amendments
and other preliminary rulings not determinative of the merits of
the case may be made by the chairman or any two members of the Hearing
Board without a hearing or meeting of the Hearing Board and without
notice.
•
(2.0) Section 6-18 Official Notice.
The Hearing Board may take official notice of any matter which may
be judicially noticed by the courts of this State.
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(2.0) Section 6-19 Continuances.
The Chairman or any two members of the Hearing Board shall grant any
continuance of 15 days or less, concurred in by petitioner, the Air
Pollution Control Officer and by every person who has filed an answer
in the action and may grant any other reasonable continuance; in either
case such action may be ex parte, without a meeting of the Hearing
Board and without prior notice.
(2.0) Section 6-20 Decision.
The decision of the Hearing Board on each petition shall be in writing,
served and filed within 30 days after submission of the cause by the
parties thereto and shall contain a brief statement of facts found to
be true, a determination of the issues presented and the order of the
Hearing Board. A copy of the decision shall be served in the manner
specified in Section 6-2 on the Air Pollution Control Officer, the
petitioner and every person who has filed an answer or who has appeared
as a party in person or by counsel at the hearing.
(2.0) Section 6-21 'Effective Date of Decision.
The decision shall become effective 15 days after copies of it have
been served as provided in Section 6-20; provided, however, that the
Hearing Board may order that the decision shall become effective on
an earlier specified day.
CHAPTER 7
(2.0) VIOLATIONS:
Section 7-1
Every person violating any order, rule, or regulation of the Butte
County Air Pollution Control District is guilty of a misdemeanor.
Every day during any portion of which such a violation occurs is a
separate offense.
(51.1) Section 7-2 Violation of Orchard Heater or Agricultural Burning
Regulations.
Any violation of the provisions of Chapter 3 of these Rules and
Regulations is a misdemeanor punishable by imprisonment in the County
Jail not exceeing six (6) months, or by fine not exceeding five hundred
dollars ($500), or both, and the cost of putting out the fire.
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Every day during any portion of which such violation occurs constitutes
a separate offense.
(15.0) Section 7-3 Citations.
The Control Officer or his designated representative is authorized
to issue citations to any person violating any order, rule or regulation
of the District.
CHAPTER 8
1
i
(2.0) MISCELLANEOUS
(2.0) Section 8-1 Severability Clause.
It is hereby declared to be the intention of the Board of Directors
of the Butte Country Air Pollution Control District that the sections,
paragraphs, sentences, clauses and phrases of these regulations are
severable, and if any phrase, clause, sentence, paragraph or section of
these regulations shall be declared unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of these regulations.
Section 8-2
The Air Pollution Control Officer or his deputies are hereby empowered
to enter upon private property in order to make investigations for the
purpose of enforcing the provisions of these regulations.
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