Section 41804.5 Of Article 2. Nonagricultural Burning From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 3. >> Article 2.
41804.5
. (a) Notwithstanding Section 41800, a district board may
authorize, subject to the limitations in Section 41803 and this
section, the use of open outdoor fires by a city or county to dispose
of nonindustrial wood waste from trees, vines, and brush at disposal
sites located above 1,500 feet elevation mean sea level anywhere in
the state, or at any elevation in the area designated as the North
Coast Air Basin by the state board pursuant to Section 39606.
(b) Authorization for such burning, if granted, shall be in the
form of permits issued by the district and by the fire protection
agency having jurisdiction over the area in which the disposal site
is located. The permits shall allow burning only on days during which
agricultural burning is not prohibited by the state board pursuant
to Section 41855.
(c) No permit shall be issued until there is filed with the
district a written statement by the owner of the land on which the
disposal site is located, or his agent, or if some other person is
lawfully in possession of such land, by such other person, approving
the burning on such land by the city or county.
(d) Prior to issuing a permit, the district may inspect the wood
waste to be burned to verify that it is exclusively nonindustrial
wood waste from trees, vines, and brush.
(e) The state board shall approve the use of open outdoor fires at
a designated disposal site to dispose of such wood waste if such an
operation of the disposal site will not prevent the achievement and
maintenance of ambient air quality standards. The approval shall be
granted for a minimum of one year.
(f) In seeking approval from the state board to use open outdoor
fires at disposal sites throughout the county to dispose of such wood
waste, a county may submit its plan for the disposal of such wood
waste in the county by the use of open outdoor fires at the disposal
sites.