Section 41855.5 - Permit to burn agricultural waste within jurisdiction of San Joaquin Valley Unified Air Pollution Control District(a) Notwithstanding any other provision of law, no permit may be issued to a person to burn any of the following categories of agricultural waste within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District, commencing on the following dates:(1) Commencing June 1, 2005, for field crops, prunings, and weed abatement.(2) Commencing June 1, 2007, for orchard removals.(3) Commencing June 1, 2010, for other materials, vineyard removals, and surface harvested prunings.(b) The San Joaquin Valley Unified Air Pollution Control District, in consultation with the University of California Cooperative Extension, shall develop and adopt, not later than June 1, 2005, rules establishing best management practices for the control of other weeds and maintenance. The rules adopted pursuant to this subdivision shall be operative not later than June 1, 2006.(c) For the purposes of this section, the following terms have the following meanings: (1) "Field crops" means any of the following crops:(K) Other field crops, as determined by the state board.(2) "Orchard removals" includes, but is not limited to, any of the following:(A) Orchard removal matter.(3) "Other materials" includes, but is not limited to, any of the following: (4) "Other weeds and maintenance" includes, but is not limited to, any of the following: (5) "Prunings" means prunings from any of the following:(O) Other prunings, as determined by the state board.(P) Pasture or corral trees.(6) "Surface harvested prunings" includes, but is not limited to, any of the following: (E) Vineyard removal materials.(7) "Vineyard materials" includes, but is not limited to, any of the following: (8) "Weed abatement" includes, but is not limited to, any of the following:(F) Ponding or levee banks.(d)(1) The San Joaquin Valley Unified Air Pollution Control District shall develop and adopt, by January 1, 2005, rules to regulate the burning of diseased crops. The rules shall become operative no later than June 1, 2005. The rules shall provide for the issuance of a conditional crop burning permit if all of the following criteria are met: (A) The fields to be burned are specifically described.(B) The applicant has not been cited for a violation of burning rules or regulations in the past 3 years, unless the violation was of a de minimis nature, as determined by the district and the county agricultural commissioner.(C) The county agricultural commissioner has determined all of the following:(i) During the growing season for that crop, there is the presence of a disease that will cause a substantial, quantifiable reduction in yield or poses a threat to the health of adjacent vines, trees, or plants in the field proposed to be burned, during the current or next growing season.(ii) There is no economically feasible alternative means of eliminating the disease other than burning.(2) A conditional crop burning permit shall authorize the burning of only the identified diseased crop.(3) The holder of a permit may not transfer, sell, or trade the permit to any other individual.(4) A citation for a violation of burning rules or regulations may be appealed to the San Joaquin Air Pollution Control District Hearing Board.Ca. Health and Saf. Code § 41855.5
Added by Stats 2003 ch 481 (SB 705), s 1, eff. 1/1/2004.