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ANNETTEA. BALLATORE-WILLIAMSON, District Counsel, #192176
JESSICA E. HAFER FIERRO, Assistant District Counsel, #2976
SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
if
1990 E. Ge sburg Avenue
[LED
Fresno, Cali ifornia 93726
Telephone: (559) 230-6033
APR 13 2016
Facsimile: (559) 230-6061 FRESNO COUNTY SUPERIOR COURT
By.
Attorney for Plaintiff DEPUTY
SAN JOAQUIN VALLEY UNIFIED AIR EXEMPT: Gov't Code §6103
POLLUTION CONTROL DISTRICT
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF FRESNO
10
11 SAN JOAQUIN VALLEY UNIFIED AIR ) Case No.
6CE cG01199
POLLUTION CONTROL DISTRICT.
12
Plaintiff, } COMPLAINT FOR INJUNCTIVE
13 ) RELIEF AND CIVIL PENALTIES
VS.
14 ) Unlimited
HERMES AGUILAR, an individual, and )
15 DOES 1 through 25, inclusive,
16
)
Defendant. )
)
17
18 Plaintiff, SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL
19 DISTRICT (the District), alleges as follows:
20 PRELIMINARY ALLEGATIONS
21 A. Parties
22 1 Plaintiff DISTRICT is a duly constituted air pollution control district existing by
23 virtue of Health and Safety Code sections 40150 — 40162. The jurisdiction of Plaintiff extends
24 throughout the San Joaquin Valley and specifically covers the counties of Fresno, Kern, Kings,
25 Madera, Merced, San Joaquin, Stanislaus, and Tulare. Plaintiff is the successor to the former
26 air pollution control districts of said counties
27 2. Plaintiff is informed and believes, and based thereon alleges that at all times
28 material herein, Defendant HERMES AGUILAR (“AGUILAR”), is an individual who, in the
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1990 E. Gettysburg 1
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(559) 230-6033
Complaint For Injunctive Relief And Civil Penalties
timeframe discussed herein, the real property located at 15554 S. Hughes Avenue, Caruthers,
California. A true and correct copy of Property Information is attached hereto as Exhibit 1
identifying Defendant HERMES AGUILAR as the owner of 15554 S. Hughes Avenue,
Caruthers, California at all relevant times.
3 Plaintiff is ignorant of the true names and capacities of certain Defendants sued
herein under the fictitious names, DOES 1 through 25, inclusive, pursuant to Code of Civil
Procedure section 474. At such time as the true names of aforesaid unknown Defendants
responsible in part or whole for the occurrences alleged herein are determined, Plaintiff will
name said Defendant in this action, and if necessary, pray leave from the court to amend this
10 Complaint accordingly.
11 4, Plaintiff is informed and believes, and based thereon alleges, that each
12 Defendant was the officer, agent, employee, partner, co-conspirator, or representative of each
13 of the remaining Defendants, acting within the scope of said agency, employment partnership,
14 conspiracy, or representation, and each Defendant has ratified and approved the actions of each
15 of the other Defendants alleged thereon.
16 5 When, in this Complaint, reference is made to any act of Defendant, such
17 allegations shall be deemed to mean that the officers, directors, agents, employees,
18 representatives of said Defendant carried out, or authorized such acts, or recklessly or
19 carelessly failed to adequately supervise or control or direct their employees or agents while
20 engaged in the management, direction, operation, or control of the affairs of said business of
21 organization, and did so while acting within the course and scope of said agency, employment,
22 partnership, or conspiracy.
23 6. Unless otherwise indicated specifically in this Complaint, any references to
24 “Defendant” shall be read to include all Defendants, including both named and fictitiously
25 named Defendants.
26 B. Jurisdiction and Venue
27 7. This action is brought in the public interest in the name of the People of the
28 State of California, pursuant to California Health and Safety Code sections 41513 and 42403.
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1990 E. Gettysburg -2-
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(559) 230-6033, Complaint For Injunctive Relief And Civil Penalties
LY
8 Plaintiff DISTRICT, pursuant to Health and Safety Code section 40000 et seq.,
has duly adopted rules and regulations to assure that reasonable provision is made to achieve
and maintain state and federal air quality standards for the geographic territory covered by the
Plaintiff.
9 Plaintiff is informed and believes, and based thereon alleges, that at all times
material herein, Defendants, and each of them, have resided within the territorial jurisdiction of
the District. The actions of Defendants, as described herein are in violation of the law and
public policy of the State of California and are inimical to the rights and interest of the people
9 of the County of Fresno.
10 Cc Facts
11 10. DISTRICT Rule 4103 (Open Burning), a true and correct copy of which is
12 attached hereto and incorporated herein as Exhibit 2, prohibits the use of an outdoor, open fire
13 for the purpose of disposal
14 11. On July 25, 2014, due to an open burn notification received from a member of
15 the public, a District inspection was conducted 15554 S. Hughes Avenue, Caruthers,
16 California. The July 25" investigation revealed and photographs evidenced that an illegal open
17 burn consisting of prohibited materials was conducted in the backyard of property owned by
18 Defendant HERMES AGUILAR. True and correct color copies of the photographs taken
19 during this investigation are attached hereto and incorporated herein as Exhibit 3.
20 12. Any person who permits an outdoor, open fire for the purpose of disposal is in
21 violation of Section 5.1 of District Rule 4103 — Open Burning, a true and correct copy of which
22 is attached hereto and made a part hereof as Exhibit 2.
23 13, Accordingly, Notice of Violation 5012870 was issued to HERMES AGUILAR
24 for violation of District Rule 4103. A true and correct copy of Notice of Violation 5012870 is
25 attached hereto and made a part hereof as Exhibit 4.
26 14, Environmental regulations directed at “any person” who “permits” a prohibited
27 activity impose liability against landowners for prohibited activities which occur on their
28 property, regardless of fault. See, e.g., TWC Storage, LLC v. State Water Resources Control
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1990 E. Gettysburg -3-
Fresno, CA 93726
(659) 230-6033, Complaint For Injunctive Relief And Civil Penalties
VA
Bd, (2010) 185 Cal.App.4" 291, 297-298. Accordingly, Defendant HERMES AGUILAR is
liable for the prohibited activities occurring on real property at which he resides and owns.
15. Plaintiff is informed and believes and based thereon alleges that Defendant
HERMES AGUILAR may continue this practice in violation of law.
16. Pursuant to Health and Safety Code section 42402(a), Defendant HERMES
AGUILAR is liable for civil penalties of up to One Thousand Dollars ($1,000) for each day
during which any said violation occurred. Under said section 42402(d), each day during which
any portion of any violation occurs is considered a separate offense.
PRAYER
10 WHEREFORE, Plaintiff demands judgment against Defendant HERMES AGUILAR ag
11 follows:
12 1 For a civil penalty of One Thousand Dollars ($1,000.00) pursuant to Health &
13 Safety Code section 42402(a);
14 2. For a preliminary and permanent injunction enjoining Defendant HERMES
15 AGUILAR, and each of his agents, employees, and representatives from engaging in any act or
16 activity as alleged herein in violation of District rules and Health and Safety Code section 41513;
17 3 For costs of suit; and
18 4 For such other and further relief as the court may deem just and proper.
19 SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
20
21
22
Dated: April 11,2016
District Counsel
24 Attorney for Plaintiff
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1990 E. Gettysburg 4
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(559) 230-6033 Complaint For Injunctive Relief And Civil Penalties
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4 NOTICE TO DEFENDANTS:
2 ||Pursuant to Code of Civil Procedure section 446(a), any answer to this complaint must be
3 verified and no general denials are permitted.
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4990 E. Gettysburg 5.
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Complaint For Injunctive Relief And Civil Penalties
RealQuest.com ® - Report Page 1 of 1
Se
Property Detail Report
For Property Located At : < CoreLogic’
15554 S HUGHES AVE, CARUTHERS, CA 93609-9781
RealQuest Professional
( owner Information
Owner Name: AGUILAR HERMES
Mailing Address: 15554 S HUGHES AVE, CARUTHERS CA 93609-9781 R001
Vesting Codes: sM/i
Location Information
Legal Description: SUR RTS 150 X 150 FT LOT IN SE 1/noe 30 T16R20
sounty: FRESNO, CA 042-220-06S.
Census Tract / Block: 75.0013 Alternate APN:
Township-Range-Sect: 16-20-30 ‘Subdivision:
Legal Book/Page: Map Reference: 11-B6/
Legal Lot: Tract #:
Legal Block: School District: CARUTHERS
Market Area: School District Name:
Neighbor Code: LIBOO01 Munic/Township:
Owner Transfer Information
Recording/Sale Date: Deed Type:
Sale Price: 1st Mtg Document #:
Document #:
Last Market Sale Information
Recording/Sale Date: 05/21/1991 7 ‘1st Mtg Amount/Type: $47,000 / CONV
Sale Price: $54,000 4st Mig Int. Rate/Type:
Sale Type: FULL 1st Mtg Document#: 59845
Document #: 59844 2nd Mtg Amount/Type:
Deed Type: DEED (REG) 2nd Mtg Int, Rate/Type:
Transfer Document #: Price Per SqFt: $56.25
New Construction: Multi/Split Sale:
Title Company: COMMONWEALTH LAND TITLE
Lender: LENDER SELLER
Seller Name: HONNETTE JOHN E
Prior Sale Information
Prior Rec/Sale Date: 11/06/1980 / Prior Lender:
Prior Sale Price: $10,500 Prior 1st Mtg Amt/Type:
Prior Doc Number: 108146 Prior 1st Mtg Rate/Type:
Prior Deed Type: DEED (REG)
Property Characteristics
Gross Area: 960 Parking Type: Construction: FRAME
Living Area: 960 Garage Area: Heat Type:
Tot Adj Area: Garage Capacity: Exterior wall:
Above Grade: Parking Spaces: Porch Type:
Total Rooms: Basement Area: Patio Type:
Bedrooms: Finish Bsmnt Area: Pool:
Bath(F/H): 4 Basement Type: Air Cond: EVAP COOLER
Year Built / Eff: 11965 Roof Type: Style: L-SHAPE
Fireplace: vii Foundation: Quality: FAIR
# of Stories: 1.00 Roof Material: Condition:
Other Improvements:
Site Information
Zoning: AE20 Acres: 0.52 County Use: SINGLE FAMILY RESID
(ss01)
Lot Area: 22,500 Lot Width/Depth: 150
x 150 State Use:
Land Use: SFR Res/Comm Units: I Water Type:
Site Influence: Sewer Type:
Tax Information
Total Value: $81,017 Assessed Year: 2015 Property Tax: $857.88
Land Value: $22,500 Improved %: 712% Tax. 070001
Improvement Value: $58,517 Tax Year: 2015 Tax Exemption:
Total Taxable Value: $81,017
-
http://proclassic.realquest.com/jsp/report.jsp?&client=&action=confirm&ty pe=getreport... 04/08/2016
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RULE 4103 OPEN BURNING (Adopted June 18, 1992; Amended December 17, 1992;
Amended December 16, 1993; Amended June 21, 2001; Amended September 16,
2004; Amended May19, 2005; Amended May 17, 2007; Amended April 15, 2010
- Not effective until June 1, 2010)
1.0 Purpose
The purpose of this rule is to permit, regulate, and coordinate the use of open burning
while minimizing smoke impacts on the public.
2.0 Applicability
This rule applies to open burning conducted in the San Joaquin Valley Air Basin, with the
exception of prescribed burning and hazard reduction burning as defined in Rule 4106
(Prescribed Burning and Hazard Reduction Burning).
3.0 Definitions
3.1 Agricultural Burning:
3.1.1 The open burning of vegetative materials produced wholly from
agricultural operations.
3.1.2 The burning of grass and weeds in fence rows, ditch banks, and berms
in non-tillage orchard operations and fields being prepared for
cultivation.
3.1.3 The burning of materials not produced wholly from agricultural
operations but which are essential to agricultural operations, except as
prohibited by Section 5.5.7 of this rule. Examples are paper trays for
drying raisins, paper hot caps, untreated grape stakes, and pesticide
and fertilizer sacks burned in the field where they are emptied.
3.2 Agricultural Operations: the growing and harvesting of crops or the raising of fowl
or animals, ‘for the primary purpose of earning a living, or of conducting
agricultural research or instruction by an educational institution.
3.3 Agricultural Waste: any vegetative materials produced wholly from agricultural
operations, the operation or maintenance of a system for'the delivery of water in
agricultural operations, or materials described in Section 3.1.3.
3.4 Air Pollution Control Officer (APCO): the Air Pollution Control Officer of the San
Joaquin Valley Unified Air Pollution Control District, as defined in Rule 1020
(Definitions).
STIVUAPCD 4103 - 1 04/15/10
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3.5 Air Quality: the characteristics of the ambient air as indicated by concentrations of
the six criteria air pollutants for which Federal and State standards have been
established pursuant to section 108 and 109 of the Federal Clean Air Act [i.e.,
particulate matter, sulfur dioxide, nitrogen dioxide, ozone, carbon monoxide and
lead], by State air quality standards, and by visibility in mandatory Federal Class I
areas, as specified pursuant to section 169A of the Federal Clean Air Act.
3.6 Allocation System: a system in the smoke management program that limits the
amounts, timing, and locations of burning in order to minimize smoke impacts.
3.7 Ambient Air: that portion of the atmosphere, external to buildings, to which the
general public has access.
3.8 Ambient Air Quality Standards: the national ambient air quality standards
(NAAQS) promulgated by the US Environmental Protection Agency.
3.9 Approved Ignition Devices: those instruments or materials that will ignite
agricultural waste and other materials without the production of black smoke by the
ignition device. This would include such devices as liquid petroleum gas, butane,
propane, or diesel oil burners and flares where the device produces a flame and the
flame is then used for ignition, or other devices approved by the Air Pollution
Control Officer (APCO).
3.10 ARB or State Board: the California Air Resources Board.
3.11 Board: the Governing Board of the San Joaquin Valley Unified Air Pollution
Control District, as defined in Rule 1020 (Definitions).
3.12 Campfire: an attended recreational fire at a designated campground or in a
Wildland, as defined in Rule 4106 (Prescribed Burning and Hazard Reduction
Burning), when approved by the appropriate land manager. A campfire shall
not be larger than three feet in diameter and the fuel must be clean, dry wood
with no other debris, trash, garbage or refuse.
3.13 Contraband: any illegal material or prohibited good that has been confiscated
within the San Joaquin Valley Air Basin by a law enforcement agency or fire
department, including but not limited to explosives, pyrotechnics, and illegal
drugs.
3.14 EPA: the United States Environmental Protection Agency or any person
designated to act on its behalf.
STIVUAPCD 4103 - 2 04/15/10
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3.15 Field Crops: includes alfalfa, asparagus, barley stubble, beans, corn, cotton,
flower straw, hay, lemon grass, oat stubble, pea vines, peanuts, rice stubble,
safflower, sugar cane, vegetable crops, and wheat stubble, and other field crops,
as determined by the State Board.
3.16 Fire Hazard: a situation in which a fire could present a threat to the health and/or
safety of a person or persons but which does not impose imminent fire danger.
3.17 Fire Protection Agency: any agency with the responsibility and authority to protect
people, property, and the environment from fire, and having jurisdiction within the
San Joaquin Valley Air Basin.
3.18 Imminent and Substantial Economic Loss: the loss of a planting season or the
irreparable harm of a crop.
3.19 Imminent Fire Hazard: a hazard that presents imminent danger to the health and/or
safetyof a person or persons and for which direct abatement by fire is necessary.
3.20 Metropolitan Area: the sphere of influence of an incorporated city as defined by
the Local Agency Formation Commission.
3.21 No-Burn Day: any day on which agricultural burning is prohibited by the ARB,
the District, or by a public fire protection agency for purposes of fire control or
prevention.
3.22 Noxious Weeds: as defined in Section 403 of the Plant Protection Act (7 USC
7702).
3.23 Open Burning or Open Outdoor Fire: the combustion of any combustible refuse or
other material of any type outdoors in the open air, not in any enclosure, where the
products of combustion are not directed through a flue. For the purposes of this
tule, prescribed burning and hazard reduction burning are not considered to be
open burning.
3.24 Orchard Removal Matter: agricultural waste generated by the removal of
orchards. This includes leaves, branches, trunks, roots, stumps and untreated
branch support sticks.
3.25 Orchard Removals: includes, but is not limited to orchard removal matter, stumps,
and untreated sticks.
3.26 Other Materials: includes, but is not limited to brooder paper, deceased goats, and
diseased bee hives.
STVUAPCD 4103 -3 04/15/10
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3.27 Other Weeds and Maintenance: includes, but is not limited to, ditch bank work,
canal bank work, dodder weed, star thistle, tumbleweed, noxious weeds, pesticide
sacks, and fertilizer sacks burned in the fields where they are emptied.
3.28 Permit: as used herein refers to a District Open Burn Permit.
3.29 Prunings: the vegetative material produced from the regularly scheduled
removal of any portion of the agricultural crop for the purpose of achieving a
desired size, shape, or to promote plant growth for improved cultivation,
harvesting, and the maintenance of crop health. The regularly scheduled
removal does not include the incidental cuttings of dead or broken branches,
water-sprouts or suckers, and other damaged crops. For the purpose of this
tule, prunings shall refer to prunings from apple crops, apricot crops, avocado
crops, bushberry crops, cherry crops, Christmas trees, citrus crops, date crops,
eucalyptus crops, fig crops, kiwi crops, nectarine crops, nursery prunings, olive
crops, pasture or corral trees, peach crops, pear crops, persimmon crops,
pistachio crops, plum crops, pluot crops, pomegranate crops, prune crops,
quince crops, rose crops, and other prunings, as determined by the State Board.
3.30 Religious Ceremonial Fires: any fires conducted to fulfill the doctrinal
requirements of an organized religion. ,
3,31 Residual Rice Stubble: rice stubble remaining on the field that can not be
removed completely by the bailing equipment.
3.32 Single Location: a property where burning is conducted, which is under the
same or common ownership or operation, and located on one (1) or more
parcels. For burn permit and fire reporting purposes, properties separated by
rivers, streams, or publicly owned roadways and canals are considered separate
locations.
3.33 Smoke Management Program: a District program that utilizes a daily allocation
system for the purpose of limiting the amounts, timing, and locations of open
burning to minimize smoke impacts. The smoke management program
considers several factors including air quality, meteorological conditions
expected during burning, locations of.smoke sensitive areas, locations of
materials to be burned, and types and amounts of materials to be burned.
3.34 Smoke Sensitive Areas: are populated areas and other areas where the District
determines that smoke and air pollutants can adversely affect public health or
welfare. Such -areas can include, but are not limited to, towns and villages,
campgrounds, trails, populated recreational areas, hospitals, nursing homes,
schools, roads, airports, public events, shopping centers and mandatory Class 1
areas.
SIVUAPCD 4103 - 4 04/15/10
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3.35 Spot Burning: burning of rice stubble in areas of the field where rice stubble
has been compacted or flattened by the harvesting or baling equipment tracks.
3.36 Surface Harvested Prunings: the vegetative material produced from the
regularly scheduled removal of any portion of the agricultural crop for the
purpose of achieving a desired size, shape, or to promote plant growth for
improved cultivation, harvesting, and the maintenance of crop health. The
regularly scheduled removal does not include the incidental cuttings of dead or
broken branches, water-sprouts or suckers, and other damaged crops. For the
purpose of this rule, surface harvested prunings includes, but is not limited to,
almond prunings, walnut prunings, pecan prunings, grape vines, and vineyard
materials.
3.37 Toxic Substances: substances identified by the manufacturer on the package or
in a material safety data sheet as posing health hazards.
3.38 Vineyard Removal Materials: agricultural waste generated by the removal of
vineyards. This includes grape vines, grape canes, trunks, roots, untreated
grapestakes, and wires, as well as similar materials from kiwi vineyards.
3.39 Vineyard Materials: includes, but is not limited to, grape canes and raisin trays.
3.40 Weed Abatement: the reduction or removal of noxious weeds and grasses. Weed
abatement includes, but is not limited to, berms, Bermuda grass, fence rows, grass,
pasture, and ponding or levee banks.
4.0 Exemptions
4.1 The requirements of this rule shall not apply to:
44.1 Open outdoor fires used solely for the purpose of cooking food for human
consumption, campfires, and religious ceremonial fires, where the
combustible material is clean, dry wood or charcoal.
4.1.2 The prevention of an imminent fire hazard declared by a fire agency
that cannot be abated by any other means.
4.1.3 The setting of backfires necessary to save life, and/or in the defense of
assets at risk pursuant to Section 4426 of the Public Resources Code.
4.1.4 The burning, in a respectful and dignified manner, of an unserviceable
American Flag that is no longer fit for display.
SIVUAPCD 4103 - 5 04/15/10
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4.1.5 The burning of agricultural waste or crops pursuant to a lawful
abatement order issued by the local county agricultural commissioner
as described in Section 5403 and 5404 of the California Food and
Agricultural Code.
4.2 The following activity is exempt from rule requirements, but may only be
conducted pursuant to Air Pollution Control Officer (APCO) written authorization:
4.2.1 A fire set by or authorized by any public officer authorized in the
performance of his official duty to engage in fire protection activities
provided that a burn plan, as described in Section 6.2.1, has been
previously submitted to and approved by the APCO and such a fire is
necessary for the instruction of employees in fire fighting methods.
4.3 The following activities are exempt from the no-burn day restrictions of Section
6.1.8, subject to APCO authorization and permit requirements. These activities
are not exempt from the provisions of Sections 5.1 through 5.5:
4.3.1 The burning of empty sacks which contained pesticides or other toxic
substances, provided that the sacks are within the definition of
agricultural burning in Section 3.1.3.
4.3.2 The burning of paper raisin trays.
4.3.3 Other agricultural burning, if the denial of such burning would threaten
imminent and substantial economic loss, and which is conducted
pursuant to the following provisions:
4.3.3.1 The APCO may only authorize such burning when
downwind metropolitan areas are forecast by the District to
achieve the ambient air quality standards and/or a fire
agency has not declared a no-burn day due to safety issues.
4.3.3.2 The District shall limit the amount of acreage that can be
burned on any one no-burn day in any one county to 200
acres.
4.3.3.3 The granting of an exemption does not exempt the applicant
from any other District or fire control regulations.
4.3.3.4 Within fifteen (15) days of the granting of an exemption, the
applicant shall return a signed application form that provides
the reasons for requesting the exemption and shall pay the
required District fee for said exemption.
SJVUAPCD 4103 - 6 04/15/10
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4.3.4 The burning of contraband is exempt from the no-burn day restrictions
of Section 6.1.8, but may only be conducted pursuant to APCO written
authorization and the preparation of a burn plan as described in Section
6.2.2. Contraband burning is subject to the provisions of Section 5.7.
5.0 Requirements
5.1 Except as otherwise provided in this rule, no person shall set, permit, or use an
open outdoor fire for the purpose of disposal or burning of petroleum wastes;
demolition or construction debris; residential rubbish; garbage or vegetation; tires;
tar; trees; woodwaste; or other combustible or flammable solid, liquid or gaseous
waste; or for metal salvage or burning of motor vehicle bodies.
5.2 The APCO shall allocate burning based on the predicted meteorological
conditions and whether the total tonnage to be emitted would allow the volume
of smoke and other contaminants to cause a public nuisance, impact smoke
sensitive areas, or create or contribute to an exceedance of an ambient air
quality standard.
5.3 The APCO shall restrict the time of day when burns are ignited and conducted, as
necessary.
5.4 No open burning shall be permitted that will create a nuisance as defined in
Section 41700 of the California Health and Safety Code.
5.5 Agricultural Burning
The following conditions are in addition to those requirements specified in
Sections 5.1 through 5.4:
5.5.1 No permit shall be issued for the burning of the following categories of
agricultural waste, except for crops covered by Section 5.5.2:
5.5.1.1 Field Crops,_
5.5.1.2 Prunings,
5.5.1.3 Weed Abatement, except for categories covered by Section
5.5.3,
5.5.1.4 Orchard Removals,
5.5.1.5 Vineyard Removal Materials,
5.5.1.6 Surface Harvested Prunings, and
SIVUAPCD 4103-7 04/15/10
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5.5.1.7 Other Materials.
35.5.2 The District may postpone the prohibitions in Section 5.5.1 and
may issue permits for the burning of any agricultural waste, if all
of the following criteria are met:
3.5.2.1 The Board determines that there is no economically
feasible alternative means of eliminating the waste.
5.5.2.2 The Board determines that there is no long-term federal
or state funding commitment for the continued
operation of biomass facilities in the San Joaquin
Valley or development of alternatives to burning.
5.5.2.3 The Board determines that the continued issuance of
permits for that specific category or crop will not
cause, or substantially contribute to, a violation of an
applicable federal ambient air quality standard.
5.5.2.4 The California Air Resources Board concurs with the
Board’s determinations pursuant to this section.
5.5.3 Owner/operators shall use at least one of the Best Management Practices
for the control of other weeds and maintenance listed in Attachment 1, or
other practices as approved by the APCO, for the control of star thistle,
dodder weeds, tumble weeds, noxious weeds, and weeds located along
ditch banks or canal banks, and the disposal of pesticide sacks or fertilizer
sacks. The APCO shall not approve any alternative practice unless it is
demonstrated that the alternative is at least as effective in controlling
emissions as the listed practices.
5.5.4 Agricultural waste shall not be burned unless it is arranged or loosely
stacked in such a manner as to promote drying and insure combustion
with a minimum of smoke production.
5.5.5 Agricultural waste to be burned shall be ignited only with an approved
ignition device.
5.5.6 Agricultural waste shall not be burned unless it is free of excessive
dirt, soil, and visible surface moisture.
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5.5.7 Agricultural waste does not include and shall not be burned unless it is
free of such items as plastic, rubber, ornamental or landscape
vegetation, shop wastes, construction and demolition material,
garbage, oil filters, tires, tar paper, broken boxes, pallets, sweatboxes,
packaging material, packing boxes or any other material produced in
the packing or processing of agricultural products, and pesticide and
fertilizer containers (except sacks burned in the field where they were
emptied).
5.5.8 Orchard or vineyard removal waste, or any other material,
generated as a result of land use conversion from agricultural to
nonagricultural purposes shall not be burned.
5.5.9 Agricultural waste shall not be burned unless it has been allowed to dry
for the following minimum time periods:
Rice Straw See Section 5.5.14.4
Prunings and Small Branches Three (3) Weeks
Large Branches Six (6) Weeks
5.5.10 Agricultural burning shall be monitored and attended as necessary to
prevent smoldering.
5.5.11 No agricultural waste shall be burned except during daylight hours.
5.5.12 No agricultural waste shall be added to an existing fire after 5:00 p.m.
5.5.13 All burning shall be ignited as rapidly as practicable within
applicable fire control restrictions.
5.5.14 Field crop burning:
The requirements of Section 5.5.14 do not apply to vines and tree pruning
burning.
5.5.14.1 No field crop burning shall commence before 10:00 a.m., or
after 2:00 p.m., of any day, unless local conditions indicate
that other hours are appropriate.
STIVUAPCD 4103 -9 04/15/10
5.5.14.2 Rice, barley, oat, and wheat straw shall be ignited only by
strip firing into-the-wind or by backfiring, except under a
special permit issued by the District when and where extreme
fire hazards are declared by the public fire protection agency
to exist, or where crops are determined by the District not to
lend themselves to these techniques.
5.5.14.3 All rice harvesting shall employ a mechanical straw spreader
to ensure even distribution of the straw with the exception that
tice straw may be left in rows, provided it meets drying time
criteria, as specified in Section 5.5.14.4 prior to a burn. Rice
straw may also be left standing, provided it is dried and meets
the crackle test criteria described in Section 5.5.14.5.
5.5.14.4 After harvesting, no rice straw shall be burned prior to the
following drying periods:
5.5.14.4.1 Spread rice straw: three (3) days; or
5.5.14.4.2 Rowed rice straw: ten (10) days.
5.5.14.4.3 Sections 5.5.14.4.1 and 5.5.14.4.2 shall not
apply if the rice straw makes an audible crackle
when tested just prior to burning with the test
method described in Section 5.5.14.5.
5.5.14.5 When checking the field for moisture, a composite sample of
straw from under the mat, in the center of the mat, and from
different areas of the field shall be taken to insure a
representative sample. A handful of rice straw from each area
will give a good indication. Rice straw is dry enough to burn
if a handful of straw selected as described above crackles
when it is bent sharply.
5.5.14.6 After a rain exceeding fifteen hundredths (0.15) inch,
notwithstanding Section 5.5.14.3, rice straw shall not be
burned unless the straw makes an audible crackle when tested
just prior to burning with the test method described in Section
3.5.14.5.
5.5.14.7 The APCO may require additional conditions based on the
condition of the materials to be burned.
STVUAPCD 4103 - 10 04/15/10
Ly ZY
5.6 Ditch Bank and Levee Maintenance
The following conditions are in addition to those requirements specified in
Sections 5.1 through 5.4 for burning on-site grown vegetative material for right-
of-way clearing, levee, and ditch bank maintenance by a public entity or utility:
5.6.1 Trash and debris must be removed prior to burning.
5.6.2 The material has been prepared by stacking, drying, or other methods
to promote combustion as specified by the District.
5.7 Contraband Materials
The following conditions are in addition to those requirements specified in
Sections 5.1 through 5.4 for the disposal of contraband materials by burning:
5.7.1 No contraband confiscated outside the District may be transported into
the District for disposal by burning. Only contraband confiscated
within the San Joaquin Valley Air Basin boundaries may be disposed of
by burning.
5.7.2 Prior to the burn, a written notification of the planned burn must
be submitted to the APCO pursuant to Section 6.2.2 of the rule.
5.7.3 Fires shall only be set or allowed by a peace officer or public fire
official in the performance of official duty.
5.7.4 To the extent possible, materials must be burned in areas and in
conditions limiting the possibility of smoke impacts on nearby
neighbors and/or other smoke sensitive areas.
5.8 Russian Thistle (Salsola Kali) (tumbleweeds)
A District Permit is required for the burning of tumbleweeds. The Permit shall be
issued in accordance with Sections 5.8.1, 5.8.2, and 6.1 and is only valid when the
Permit applicant has received a burn authorization from the APCO that will allow
burning on a particular day.
Preview
5 ANNETTEA. BALLATORE-WILLIAMSON, District Counsel, #192176 JESSICA E. HAFER FIERRO, Assistant District Counsel, #2976 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT if 1990 E. Ge sburg Avenue [LED Fresno, Cali ifornia 93726 Telephone: (559) 230-6033 APR 13 2016 Facsimile: (559) 230-6061 FRESNO COUNTY SUPERIOR COURT By. Attorney for Plaintiff DEPUTY SAN JOAQUIN VALLEY UNIFIED AIR EXEMPT: Gov't Code §6103 POLLUTION CONTROL DISTRICT IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 11 SAN JOAQUIN VALLEY UNIFIED AIR ) Case No. 6CE cG01199 POLLUTION CONTROL DISTRICT. 12 Plaintiff, } COMPLAINT FOR INJUNCTIVE 13 ) RELIEF AND CIVIL PENALTIES VS. 14 ) Unlimited HERMES AGUILAR, an individual, and ) 15 DOES 1 through 25, inclusive, 16 ) Defendant. ) ) 17 18 Plaintiff, SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL 19 DISTRICT (the District), alleges as follows: 20 PRELIMINARY ALLEGATIONS 21 A. Parties 22 1 Plaintiff DISTRICT is a duly constituted air pollution control district existing by 23 virtue of Health and Safety Code sections 40150 — 40162. The jurisdiction of Plaintiff extends 24 throughout the San Joaquin Valley and specifically covers the counties of Fresno, Kern, Kings, 25 Madera, Merced, San Joaquin, Stanislaus, and Tulare. Plaintiff is the successor to the former 26 air pollution control districts of said counties 27 2. Plaintiff is informed and believes, and based thereon alleges that at all times 28 material herein, Defendant HERMES AGUILAR (“AGUILAR”), is an individual who, in the SJVUAPCD 1990 E. Gettysburg 1 Fresno, CA 93726 (559) 230-6033 Complaint For Injunctive Relief And Civil Penalties timeframe discussed herein, the real property located at 15554 S. Hughes Avenue, Caruthers, California. A true and correct copy of Property Information is attached hereto as Exhibit 1 identifying Defendant HERMES AGUILAR as the owner of 15554 S. Hughes Avenue, Caruthers, California at all relevant times. 3 Plaintiff is ignorant of the true names and capacities of certain Defendants sued herein under the fictitious names, DOES 1 through 25, inclusive, pursuant to Code of Civil Procedure section 474. At such time as the true names of aforesaid unknown Defendants responsible in part or whole for the occurrences alleged herein are determined, Plaintiff will name said Defendant in this action, and if necessary, pray leave from the court to amend this 10 Complaint accordingly. 11 4, Plaintiff is informed and believes, and based thereon alleges, that each 12 Defendant was the officer, agent, employee, partner, co-conspirator, or representative of each 13 of the remaining Defendants, acting within the scope of said agency, employment partnership, 14 conspiracy, or representation, and each Defendant has ratified and approved the actions of each 15 of the other Defendants alleged thereon. 16 5 When, in this Complaint, reference is made to any act of Defendant, such 17 allegations shall be deemed to mean that the officers, directors, agents, employees, 18 representatives of said Defendant carried out, or authorized such acts, or recklessly or 19 carelessly failed to adequately supervise or control or direct their employees or agents while 20 engaged in the management, direction, operation, or control of the affairs of said business of 21 organization, and did so while acting within the course and scope of said agency, employment, 22 partnership, or conspiracy. 23 6. Unless otherwise indicated specifically in this Complaint, any references to 24 “Defendant” shall be read to include all Defendants, including both named and fictitiously 25 named Defendants. 26 B. Jurisdiction and Venue 27 7. This action is brought in the public interest in the name of the People of the 28 State of California, pursuant to California Health and Safety Code sections 41513 and 42403. SJVUAPCD 1990 E. Gettysburg -2- Fresno, CA 93726 (559) 230-6033, Complaint For Injunctive Relief And Civil Penalties LY 8 Plaintiff DISTRICT, pursuant to Health and Safety Code section 40000 et seq., has duly adopted rules and regulations to assure that reasonable provision is made to achieve and maintain state and federal air quality standards for the geographic territory covered by the Plaintiff. 9 Plaintiff is informed and believes, and based thereon alleges, that at all times material herein, Defendants, and each of them, have resided within the territorial jurisdiction of the District. The actions of Defendants, as described herein are in violation of the law and public policy of the State of California and are inimical to the rights and interest of the people 9 of the County of Fresno. 10 Cc Facts 11 10. DISTRICT Rule 4103 (Open Burning), a true and correct copy of which is 12 attached hereto and incorporated herein as Exhibit 2, prohibits the use of an outdoor, open fire 13 for the purpose of disposal 14 11. On July 25, 2014, due to an open burn notification received from a member of 15 the public, a District inspection was conducted 15554 S. Hughes Avenue, Caruthers, 16 California. The July 25" investigation revealed and photographs evidenced that an illegal open 17 burn consisting of prohibited materials was conducted in the backyard of property owned by 18 Defendant HERMES AGUILAR. True and correct color copies of the photographs taken 19 during this investigation are attached hereto and incorporated herein as Exhibit 3. 20 12. Any person who permits an outdoor, open fire for the purpose of disposal is in 21 violation of Section 5.1 of District Rule 4103 — Open Burning, a true and correct copy of which 22 is attached hereto and made a part hereof as Exhibit 2. 23 13, Accordingly, Notice of Violation 5012870 was issued to HERMES AGUILAR 24 for violation of District Rule 4103. A true and correct copy of Notice of Violation 5012870 is 25 attached hereto and made a part hereof as Exhibit 4. 26 14, Environmental regulations directed at “any person” who “permits” a prohibited 27 activity impose liability against landowners for prohibited activities which occur on their 28 property, regardless of fault. See, e.g., TWC Storage, LLC v. State Water Resources Control SJVUAPCD 1990 E. Gettysburg -3- Fresno, CA 93726 (659) 230-6033, Complaint For Injunctive Relief And Civil Penalties VA Bd, (2010) 185 Cal.App.4" 291, 297-298. Accordingly, Defendant HERMES AGUILAR is liable for the prohibited activities occurring on real property at which he resides and owns. 15. Plaintiff is informed and believes and based thereon alleges that Defendant HERMES AGUILAR may continue this practice in violation of law. 16. Pursuant to Health and Safety Code section 42402(a), Defendant HERMES AGUILAR is liable for civil penalties of up to One Thousand Dollars ($1,000) for each day during which any said violation occurred. Under said section 42402(d), each day during which any portion of any violation occurs is considered a separate offense. PRAYER 10 WHEREFORE, Plaintiff demands judgment against Defendant HERMES AGUILAR ag 11 follows: 12 1 For a civil penalty of One Thousand Dollars ($1,000.00) pursuant to Health & 13 Safety Code section 42402(a); 14 2. For a preliminary and permanent injunction enjoining Defendant HERMES 15 AGUILAR, and each of his agents, employees, and representatives from engaging in any act or 16 activity as alleged herein in violation of District rules and Health and Safety Code section 41513; 17 3 For costs of suit; and 18 4 For such other and further relief as the court may deem just and proper. 19 SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT 20 21 22 Dated: April 11,2016 District Counsel 24 Attorney for Plaintiff 25 26 27 28 SJVUAPCD 1990 E. Gettysburg 4 Fresno, CA 93726 (559) 230-6033 Complaint For Injunctive Relief And Civil Penalties / Ne 4 NOTICE TO DEFENDANTS: 2 ||Pursuant to Code of Civil Procedure section 446(a), any answer to this complaint must be 3 verified and no general denials are permitted. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SJVUAPCD 4990 E. Gettysburg 5. Fresno, CA 93726 (559) 230-6033 Complaint For Injunctive Relief And Civil Penalties RealQuest.com ® - Report Page 1 of 1 Se Property Detail Report For Property Located At : < CoreLogic’ 15554 S HUGHES AVE, CARUTHERS, CA 93609-9781 RealQuest Professional ( owner Information Owner Name: AGUILAR HERMES Mailing Address: 15554 S HUGHES AVE, CARUTHERS CA 93609-9781 R001 Vesting Codes: sM/i Location Information Legal Description: SUR RTS 150 X 150 FT LOT IN SE 1/noe 30 T16R20 sounty: FRESNO, CA 042-220-06S. Census Tract / Block: 75.0013 Alternate APN: Township-Range-Sect: 16-20-30 ‘Subdivision: Legal Book/Page: Map Reference: 11-B6/ Legal Lot: Tract #: Legal Block: School District: CARUTHERS Market Area: School District Name: Neighbor Code: LIBOO01 Munic/Township: Owner Transfer Information Recording/Sale Date: Deed Type: Sale Price: 1st Mtg Document #: Document #: Last Market Sale Information Recording/Sale Date: 05/21/1991 7 ‘1st Mtg Amount/Type: $47,000 / CONV Sale Price: $54,000 4st Mig Int. Rate/Type: Sale Type: FULL 1st Mtg Document#: 59845 Document #: 59844 2nd Mtg Amount/Type: Deed Type: DEED (REG) 2nd Mtg Int, Rate/Type: Transfer Document #: Price Per SqFt: $56.25 New Construction: Multi/Split Sale: Title Company: COMMONWEALTH LAND TITLE Lender: LENDER SELLER Seller Name: HONNETTE JOHN E Prior Sale Information Prior Rec/Sale Date: 11/06/1980 / Prior Lender: Prior Sale Price: $10,500 Prior 1st Mtg Amt/Type: Prior Doc Number: 108146 Prior 1st Mtg Rate/Type: Prior Deed Type: DEED (REG) Property Characteristics Gross Area: 960 Parking Type: Construction: FRAME Living Area: 960 Garage Area: Heat Type: Tot Adj Area: Garage Capacity: Exterior wall: Above Grade: Parking Spaces: Porch Type: Total Rooms: Basement Area: Patio Type: Bedrooms: Finish Bsmnt Area: Pool: Bath(F/H): 4 Basement Type: Air Cond: EVAP COOLER Year Built / Eff: 11965 Roof Type: Style: L-SHAPE Fireplace: vii Foundation: Quality: FAIR # of Stories: 1.00 Roof Material: Condition: Other Improvements: Site Information Zoning: AE20 Acres: 0.52 County Use: SINGLE FAMILY RESID (ss01) Lot Area: 22,500 Lot Width/Depth: 150 x 150 State Use: Land Use: SFR Res/Comm Units: I Water Type: Site Influence: Sewer Type: Tax Information Total Value: $81,017 Assessed Year: 2015 Property Tax: $857.88 Land Value: $22,500 Improved %: 712% Tax. 070001 Improvement Value: $58,517 Tax Year: 2015 Tax Exemption: Total Taxable Value: $81,017 - http://proclassic.realquest.com/jsp/report.jsp?&client=&action=confirm&ty pe=getreport... 04/08/2016 Ne J RULE 4103 OPEN BURNING (Adopted June 18, 1992; Amended December 17, 1992; Amended December 16, 1993; Amended June 21, 2001; Amended September 16, 2004; Amended May19, 2005; Amended May 17, 2007; Amended April 15, 2010 - Not effective until June 1, 2010) 1.0 Purpose The purpose of this rule is to permit, regulate, and coordinate the use of open burning while minimizing smoke impacts on the public. 2.0 Applicability This rule applies to open burning conducted in the San Joaquin Valley Air Basin, with the exception of prescribed burning and hazard reduction burning as defined in Rule 4106 (Prescribed Burning and Hazard Reduction Burning). 3.0 Definitions 3.1 Agricultural Burning: 3.1.1 The open burning of vegetative materials produced wholly from agricultural operations. 3.1.2 The burning of grass and weeds in fence rows, ditch banks, and berms in non-tillage orchard operations and fields being prepared for cultivation. 3.1.3 The burning of materials not produced wholly from agricultural operations but which are essential to agricultural operations, except as prohibited by Section 5.5.7 of this rule. Examples are paper trays for drying raisins, paper hot caps, untreated grape stakes, and pesticide and fertilizer sacks burned in the field where they are emptied. 3.2 Agricultural Operations: the growing and harvesting of crops or the raising of fowl or animals, ‘for the primary purpose of earning a living, or of conducting agricultural research or instruction by an educational institution. 3.3 Agricultural Waste: any vegetative materials produced wholly from agricultural operations, the operation or maintenance of a system for'the delivery of water in agricultural operations, or materials described in Section 3.1.3. 3.4 Air Pollution Control Officer (APCO): the Air Pollution Control Officer of the San Joaquin Valley Unified Air Pollution Control District, as defined in Rule 1020 (Definitions). STIVUAPCD 4103 - 1 04/15/10 .— 3.5 Air Quality: the characteristics of the ambient air as indicated by concentrations of the six criteria air pollutants for which Federal and State standards have been established pursuant to section 108 and 109 of the Federal Clean Air Act [i.e., particulate matter, sulfur dioxide, nitrogen dioxide, ozone, carbon monoxide and lead], by State air quality standards, and by visibility in mandatory Federal Class I areas, as specified pursuant to section 169A of the Federal Clean Air Act. 3.6 Allocation System: a system in the smoke management program that limits the amounts, timing, and locations of burning in order to minimize smoke impacts. 3.7 Ambient Air: that portion of the atmosphere, external to buildings, to which the general public has access. 3.8 Ambient Air Quality Standards: the national ambient air quality standards (NAAQS) promulgated by the US Environmental Protection Agency. 3.9 Approved Ignition Devices: those instruments or materials that will ignite agricultural waste and other materials without the production of black smoke by the ignition device. This would include such devices as liquid petroleum gas, butane, propane, or diesel oil burners and flares where the device produces a flame and the flame is then used for ignition, or other devices approved by the Air Pollution Control Officer (APCO). 3.10 ARB or State Board: the California Air Resources Board. 3.11 Board: the Governing Board of the San Joaquin Valley Unified Air Pollution Control District, as defined in Rule 1020 (Definitions). 3.12 Campfire: an attended recreational fire at a designated campground or in a Wildland, as defined in Rule 4106 (Prescribed Burning and Hazard Reduction Burning), when approved by the appropriate land manager. A campfire shall not be larger than three feet in diameter and the fuel must be clean, dry wood with no other debris, trash, garbage or refuse. 3.13 Contraband: any illegal material or prohibited good that has been confiscated within the San Joaquin Valley Air Basin by a law enforcement agency or fire department, including but not limited to explosives, pyrotechnics, and illegal drugs. 3.14 EPA: the United States Environmental Protection Agency or any person designated to act on its behalf. STIVUAPCD 4103 - 2 04/15/10 eH 3.15 Field Crops: includes alfalfa, asparagus, barley stubble, beans, corn, cotton, flower straw, hay, lemon grass, oat stubble, pea vines, peanuts, rice stubble, safflower, sugar cane, vegetable crops, and wheat stubble, and other field crops, as determined by the State Board. 3.16 Fire Hazard: a situation in which a fire could present a threat to the health and/or safety of a person or persons but which does not impose imminent fire danger. 3.17 Fire Protection Agency: any agency with the responsibility and authority to protect people, property, and the environment from fire, and having jurisdiction within the San Joaquin Valley Air Basin. 3.18 Imminent and Substantial Economic Loss: the loss of a planting season or the irreparable harm of a crop. 3.19 Imminent Fire Hazard: a hazard that presents imminent danger to the health and/or safetyof a person or persons and for which direct abatement by fire is necessary. 3.20 Metropolitan Area: the sphere of influence of an incorporated city as defined by the Local Agency Formation Commission. 3.21 No-Burn Day: any day on which agricultural burning is prohibited by the ARB, the District, or by a public fire protection agency for purposes of fire control or prevention. 3.22 Noxious Weeds: as defined in Section 403 of the Plant Protection Act (7 USC 7702). 3.23 Open Burning or Open Outdoor Fire: the combustion of any combustible refuse or other material of any type outdoors in the open air, not in any enclosure, where the products of combustion are not directed through a flue. For the purposes of this tule, prescribed burning and hazard reduction burning are not considered to be open burning. 3.24 Orchard Removal Matter: agricultural waste generated by the removal of orchards. This includes leaves, branches, trunks, roots, stumps and untreated branch support sticks. 3.25 Orchard Removals: includes, but is not limited to orchard removal matter, stumps, and untreated sticks. 3.26 Other Materials: includes, but is not limited to brooder paper, deceased goats, and diseased bee hives. STVUAPCD 4103 -3 04/15/10 4 —? 3.27 Other Weeds and Maintenance: includes, but is not limited to, ditch bank work, canal bank work, dodder weed, star thistle, tumbleweed, noxious weeds, pesticide sacks, and fertilizer sacks burned in the fields where they are emptied. 3.28 Permit: as used herein refers to a District Open Burn Permit. 3.29 Prunings: the vegetative material produced from the regularly scheduled removal of any portion of the agricultural crop for the purpose of achieving a desired size, shape, or to promote plant growth for improved cultivation, harvesting, and the maintenance of crop health. The regularly scheduled removal does not include the incidental cuttings of dead or broken branches, water-sprouts or suckers, and other damaged crops. For the purpose of this tule, prunings shall refer to prunings from apple crops, apricot crops, avocado crops, bushberry crops, cherry crops, Christmas trees, citrus crops, date crops, eucalyptus crops, fig crops, kiwi crops, nectarine crops, nursery prunings, olive crops, pasture or corral trees, peach crops, pear crops, persimmon crops, pistachio crops, plum crops, pluot crops, pomegranate crops, prune crops, quince crops, rose crops, and other prunings, as determined by the State Board. 3.30 Religious Ceremonial Fires: any fires conducted to fulfill the doctrinal requirements of an organized religion. , 3,31 Residual Rice Stubble: rice stubble remaining on the field that can not be removed completely by the bailing equipment. 3.32 Single Location: a property where burning is conducted, which is under the same or common ownership or operation, and located on one (1) or more parcels. For burn permit and fire reporting purposes, properties separated by rivers, streams, or publicly owned roadways and canals are considered separate locations. 3.33 Smoke Management Program: a District program that utilizes a daily allocation system for the purpose of limiting the amounts, timing, and locations of open burning to minimize smoke impacts. The smoke management program considers several factors including air quality, meteorological conditions expected during burning, locations of.smoke sensitive areas, locations of materials to be burned, and types and amounts of materials to be burned. 3.34 Smoke Sensitive Areas: are populated areas and other areas where the District determines that smoke and air pollutants can adversely affect public health or welfare. Such -areas can include, but are not limited to, towns and villages, campgrounds, trails, populated recreational areas, hospitals, nursing homes, schools, roads, airports, public events, shopping centers and mandatory Class 1 areas. SIVUAPCD 4103 - 4 04/15/10 of QD) 3.35 Spot Burning: burning of rice stubble in areas of the field where rice stubble has been compacted or flattened by the harvesting or baling equipment tracks. 3.36 Surface Harvested Prunings: the vegetative material produced from the regularly scheduled removal of any portion of the agricultural crop for the purpose of achieving a desired size, shape, or to promote plant growth for improved cultivation, harvesting, and the maintenance of crop health. The regularly scheduled removal does not include the incidental cuttings of dead or broken branches, water-sprouts or suckers, and other damaged crops. For the purpose of this rule, surface harvested prunings includes, but is not limited to, almond prunings, walnut prunings, pecan prunings, grape vines, and vineyard materials. 3.37 Toxic Substances: substances identified by the manufacturer on the package or in a material safety data sheet as posing health hazards. 3.38 Vineyard Removal Materials: agricultural waste generated by the removal of vineyards. This includes grape vines, grape canes, trunks, roots, untreated grapestakes, and wires, as well as similar materials from kiwi vineyards. 3.39 Vineyard Materials: includes, but is not limited to, grape canes and raisin trays. 3.40 Weed Abatement: the reduction or removal of noxious weeds and grasses. Weed abatement includes, but is not limited to, berms, Bermuda grass, fence rows, grass, pasture, and ponding or levee banks. 4.0 Exemptions 4.1 The requirements of this rule shall not apply to: 44.1 Open outdoor fires used solely for the purpose of cooking food for human consumption, campfires, and religious ceremonial fires, where the combustible material is clean, dry wood or charcoal. 4.1.2 The prevention of an imminent fire hazard declared by a fire agency that cannot be abated by any other means. 4.1.3 The setting of backfires necessary to save life, and/or in the defense of assets at risk pursuant to Section 4426 of the Public Resources Code. 4.1.4 The burning, in a respectful and dignified manner, of an unserviceable American Flag that is no longer fit for display. SIVUAPCD 4103 - 5 04/15/10 ~ a 4.1.5 The burning of agricultural waste or crops pursuant to a lawful abatement order issued by the local county agricultural commissioner as described in Section 5403 and 5404 of the California Food and Agricultural Code. 4.2 The following activity is exempt from rule requirements, but may only be conducted pursuant to Air Pollution Control Officer (APCO) written authorization: 4.2.1 A fire set by or authorized by any public officer authorized in the performance of his official duty to engage in fire protection activities provided that a burn plan, as described in Section 6.2.1, has been previously submitted to and approved by the APCO and such a fire is necessary for the instruction of employees in fire fighting methods. 4.3 The following activities are exempt from the no-burn day restrictions of Section 6.1.8, subject to APCO authorization and permit requirements. These activities are not exempt from the provisions of Sections 5.1 through 5.5: 4.3.1 The burning of empty sacks which contained pesticides or other toxic substances, provided that the sacks are within the definition of agricultural burning in Section 3.1.3. 4.3.2 The burning of paper raisin trays. 4.3.3 Other agricultural burning, if the denial of such burning would threaten imminent and substantial economic loss, and which is conducted pursuant to the following provisions: 4.3.3.1 The APCO may only authorize such burning when downwind metropolitan areas are forecast by the District to achieve the ambient air quality standards and/or a fire agency has not declared a no-burn day due to safety issues. 4.3.3.2 The District shall limit the amount of acreage that can be burned on any one no-burn day in any one county to 200 acres. 4.3.3.3 The granting of an exemption does not exempt the applicant from any other District or fire control regulations. 4.3.3.4 Within fifteen (15) days of the granting of an exemption, the applicant shall return a signed application form that provides the reasons for requesting the exemption and shall pay the required District fee for said exemption. SJVUAPCD 4103 - 6 04/15/10 a, y 3 4.3.4 The burning of contraband is exempt from the no-burn day restrictions of Section 6.1.8, but may only be conducted pursuant to APCO written authorization and the preparation of a burn plan as described in Section 6.2.2. Contraband burning is subject to the provisions of Section 5.7. 5.0 Requirements 5.1 Except as otherwise provided in this rule, no person shall set, permit, or use an open outdoor fire for the purpose of disposal or burning of petroleum wastes; demolition or construction debris; residential rubbish; garbage or vegetation; tires; tar; trees; woodwaste; or other combustible or flammable solid, liquid or gaseous waste; or for metal salvage or burning of motor vehicle bodies. 5.2 The APCO shall allocate burning based on the predicted meteorological conditions and whether the total tonnage to be emitted would allow the volume of smoke and other contaminants to cause a public nuisance, impact smoke sensitive areas, or create or contribute to an exceedance of an ambient air quality standard. 5.3 The APCO shall restrict the time of day when burns are ignited and conducted, as necessary. 5.4 No open burning shall be permitted that will create a nuisance as defined in Section 41700 of the California Health and Safety Code. 5.5 Agricultural Burning The following conditions are in addition to those requirements specified in Sections 5.1 through 5.4: 5.5.1 No permit shall be issued for the burning of the following categories of agricultural waste, except for crops covered by Section 5.5.2: 5.5.1.1 Field Crops,_ 5.5.1.2 Prunings, 5.5.1.3 Weed Abatement, except for categories covered by Section 5.5.3, 5.5.1.4 Orchard Removals, 5.5.1.5 Vineyard Removal Materials, 5.5.1.6 Surface Harvested Prunings, and SIVUAPCD 4103-7 04/15/10 ae / 5.5.1.7 Other Materials. 35.5.2 The District may postpone the prohibitions in Section 5.5.1 and may issue permits for the burning of any agricultural waste, if all of the following criteria are met: 3.5.2.1 The Board determines that there is no economically feasible alternative means of eliminating the waste. 5.5.2.2 The Board determines that there is no long-term federal or state funding commitment for the continued operation of biomass facilities in the San Joaquin Valley or development of alternatives to burning. 5.5.2.3 The Board determines that the continued issuance of permits for that specific category or crop will not cause, or substantially contribute to, a violation of an applicable federal ambient air quality standard. 5.5.2.4 The California Air Resources Board concurs with the Board’s determinations pursuant to this section. 5.5.3 Owner/operators shall use at least one of the Best Management Practices for the control of other weeds and maintenance listed in Attachment 1, or other practices as approved by the APCO, for the control of star thistle, dodder weeds, tumble weeds, noxious weeds, and weeds located along ditch banks or canal banks, and the disposal of pesticide sacks or fertilizer sacks. The APCO shall not approve any alternative practice unless it is demonstrated that the alternative is at least as effective in controlling emissions as the listed practices. 5.5.4 Agricultural waste shall not be burned unless it is arranged or loosely stacked in such a manner as to promote drying and insure combustion with a minimum of smoke production. 5.5.5 Agricultural waste to be burned shall be ignited only with an approved ignition device. 5.5.6 Agricultural waste shall not be burned unless it is free of excessive dirt, soil, and visible surface moisture. SIVUAPCD 4103-8 04/15/10 Le 5.5.7 Agricultural waste does not include and shall not be burned unless it is free of such items as plastic, rubber, ornamental or landscape vegetation, shop wastes, construction and demolition material, garbage, oil filters, tires, tar paper, broken boxes, pallets, sweatboxes, packaging material, packing boxes or any other material produced in the packing or processing of agricultural products, and pesticide and fertilizer containers (except sacks burned in the field where they were emptied). 5.5.8 Orchard or vineyard removal waste, or any other material, generated as a result of land use conversion from agricultural to nonagricultural purposes shall not be burned. 5.5.9 Agricultural waste shall not be burned unless it has been allowed to dry for the following minimum time periods: Rice Straw See Section 5.5.14.4 Prunings and Small Branches Three (3) Weeks Large Branches Six (6) Weeks 5.5.10 Agricultural burning shall be monitored and attended as necessary to prevent smoldering. 5.5.11 No agricultural waste shall be burned except during daylight hours. 5.5.12 No agricultural waste shall be added to an existing fire after 5:00 p.m. 5.5.13 All burning shall be ignited as rapidly as practicable within applicable fire control restrictions. 5.5.14 Field crop burning: The requirements of Section 5.5.14 do not apply to vines and tree pruning burning. 5.5.14.1 No field crop burning shall commence before 10:00 a.m., or after 2:00 p.m., of any day, unless local conditions indicate that other hours are appropriate. STIVUAPCD 4103 -9 04/15/10 5.5.14.2 Rice, barley, oat, and wheat straw shall be ignited only by strip firing into-the-wind or by backfiring, except under a special permit issued by the District when and where extreme fire hazards are declared by the public fire protection agency to exist, or where crops are determined by the District not to lend themselves to these techniques. 5.5.14.3 All rice harvesting shall employ a mechanical straw spreader to ensure even distribution of the straw with the exception that tice straw may be left in rows, provided it meets drying time criteria, as specified in Section 5.5.14.4 prior to a burn. Rice straw may also be left standing, provided it is dried and meets the crackle test criteria described in Section 5.5.14.5. 5.5.14.4 After harvesting, no rice straw shall be burned prior to the following drying periods: 5.5.14.4.1 Spread rice straw: three (3) days; or 5.5.14.4.2 Rowed rice straw: ten (10) days. 5.5.14.4.3 Sections 5.5.14.4.1 and 5.5.14.4.2 shall not apply if the rice straw makes an audible crackle when tested just prior to burning with the test method described in Section 5.5.14.5. 5.5.14.5 When checking the field for moisture, a composite sample of straw from under the mat, in the center of the mat, and from different areas of the field shall be taken to insure a representative sample. A handful of rice straw from each area will give a good indication. Rice straw is dry enough to burn if a handful of straw selected as described above crackles when it is bent sharply. 5.5.14.6 After a rain exceeding fifteen hundredths (0.15) inch, notwithstanding Section 5.5.14.3, rice straw shall not be burned unless the straw makes an audible crackle when tested just prior to burning with the test method described in Section 3.5.14.5. 5.5.14.7 The APCO may require additional conditions based on the condition of the materials to be burned. STVUAPCD 4103 - 10 04/15/10 Ly ZY 5.6 Ditch Bank and Levee Maintenance The following conditions are in addition to those requirements specified in Sections 5.1 through 5.4 for burning on-site grown vegetative material for right- of-way clearing, levee, and ditch bank maintenance by a public entity or utility: 5.6.1 Trash and debris must be removed prior to burning. 5.6.2 The material has been prepared by stacking, drying, or other methods to promote combustion as specified by the District. 5.7 Contraband Materials The following conditions are in addition to those requirements specified in Sections 5.1 through 5.4 for the disposal of contraband materials by burning: 5.7.1 No contraband confiscated outside the District may be transported into the District for disposal by burning. Only contraband confiscated within the San Joaquin Valley Air Basin boundaries may be disposed of by burning. 5.7.2 Prior to the burn, a written notification of the planned burn must be submitted to the APCO pursuant to Section 6.2.2 of the rule. 5.7.3 Fires shall only be set or allowed by a peace officer or public fire official in the performance of official duty. 5.7.4 To the extent possible, materials must be burned in areas and in conditions limiting the possibility of smoke impacts on nearby neighbors and/or other smoke sensitive areas. 5.8 Russian Thistle (Salsola Kali) (tumbleweeds) A District Permit is required for the burning of tumbleweeds. The Permit shall be issued in accordance with Sections 5.8.1, 5.8.2, and 6.1 and is only valid when the Permit applicant has received a burn authorization from the APCO that will allow burning on a particular day.