(Adopted 8/10/1971; Amended 4/25/1989, 6/16/1992, 6/22/1993, 6/19/2001)

A. No person shall burn any refuse or other material in an open fire within the boundaries of the Tehama County Air Pollution Control District. Notwithstanding any other provisions of these rules, the open burning of tires, rubber products, car bodies or parts, wire insulation and plastic materials is prohibited within the district at any time.
  1. For the purpose of this Rule, the person in control of the property where any burning takes place, is the person who exercises possessory rights over the property. The person in control of the property is strictly liable for any unauthorized burning which takes place.
  2. No person shall conduct any open burning of residential waste on a day designated as a no-burn day by the California Air Resources Board.
B. Exceptions
  1. When such fire is set or permission for such fire is given in the performance of the official duty of any public officer, and such fire, in the opinion of such officer is necessary:
    a. To prevent a fire, health or safety hazard which cannot be abated by any other means less detrimental to the total environment than burning, or
    b. To instruct public or industrial employees in methods of fire fighting.
  2. Conducting agricultural operation in the growing of crops, or raising of fowl or animals.
  3. When the substance being burned is dry native grass or weeds in place upon any of the following premises:
    a. Any ditch or canal or the banks thereof.
    b. The right-of-way clearing by a public entity or utility or for levee, reservoir, and ditch maintenance.
      1) Exceptions B.3.a. & B.3.b., above apply only on those days agricultural burning is not prohibited by the state board on the day of the burn pursuant to Section 41855;
      2) The material has been prepared by stacking , drying, or other methods to promote combustion as specified by the Air Pollution Control Officer.
    c. Safety flares for the combustion of waste gases.
  4. When such fire is used only for the cooking of food for human consumption or recreational purposes.
  5. Burning for the disposal of residential waste of a single or two family dwelling on its premises in Tehama County shall be conducted pursuant to Rule 4:6 and under the following conditions:
    a. This exception does not apply in areas where regular refuse disposal service is available and which has been designated as urban by the Tehama County Air Pollution Control Board.
      1) Designated urban areas (none).
      2) A valid burn permit is required for a period specified by the designated agency.
      3) Burn hours are from 8:30 A.M. to 12:00 noon during fire season and change to 10:00 A.M. to 5:00 P.M. during non-fire season.
  6. Backfires or other fire control methods used for the purpose of controlling an existing wild fire.
  7. Certain wood waste from trees, vines or bushes on property being developed for commercial or residential purposes may be burned on the property where grown when the following conditions are met:
    a. A permit is obtained from the Air Pollution Control Officer. Permits issued pursuant to this rule shall be valid a period of one year.
    b. The Air Pollution Control Officer has found that such burning is less detrimental to the general public health than disposal by other means.
    c. Such burning shall meet the requirements and restrictions for agricultural wastes as expressed in Rules 3:1, 3:2, 3:3, 3:4, 3:8, 3:11, and 3:12 of the rules and regulations for agricultural burning.
    d. Waste shall be arranged, prepared and dried at least six (6) months prior to burn if economically and technically feasible.
    e. Burning may be regulated or prohibited when wind direction is toward a nearby populated area.
    f. Burning shall take place only on a day which agricultural burning is not prohibited by the state board pursuant to Section 41804 (d).
    g. Other conditions which the Air Pollution Control Officer deems reasonable and necessary to assure burning with a minimum of smoke and to maintain suitable air quality standards.