21.05.110 Burn permit process.
Any burn permit issued by YTEP must conform to the following requirements:
(a) Burn permits for open outdoor fires may be issued only for the disposal of approved combustibles.
(b) Burn permits shall only be issued to persons 18 years of age or older residing on, or owning, property within the YIR.
(c) The burn permit shall be valid for no more than one year, and shall expire on the last day of the current calendar year.
(d) The Tribal Council has designated YTEP as the Tribal department charged with enforcing the terms of this chapter. YTEP shall not issue a burn permit to applicants:
(1) Who have been cited for violations of this chapter where YTEP determines that such violations indicate the applicant could pose a threat to the health and safety of the residents or environment of the YIR;
(2) Who have been cited for violations of the air provisions of the Tribal nuisance ordinance (specifically YTC 10.05.340) where YTEP determines that such violations indicate the applicant could pose a threat to the health and safety of the residents or environment of the YIR;
(3) Whose previous burning activities have imperiled or endangered the quality of the air of the YIR; and
(4) Where YTEP determines that, due to meteorological conditions, the burning proposed by the applicant could cause smoke to create or contribute to a violation of a Tribal or federal air quality standard, imperil or endanger the quality of the air of the YIR, or create a nuisance as defined in the Tribal nuisance ordinance.
(e) YTEP may include any condition(s) in the burn permit it deems necessary to protect the quality of the air and the health and safety of the residents and/or environment of the YIR. YTEP may include in the burn permit the following conditions, and any other conditions YTEP deems necessary:
(1) Burning may only occur on permissive burn days, as determined by YTEP in coordination with the California Air Resources Board, North Coast Air Quality Management District, and local government agencies.
(2) The waste to be burned shall be reasonably free of dirt, soil and excess moisture and, whenever possible, shall be piled in such a manner as to burn with maximum possible heat intensity and minimum smoke.
(3) The waste to be burned shall be free of tires, tarpaper, garbage or other types of rubbish likely to cause excessive smoke or odor.
(4) The waste to be burned shall be allowed to dry for the following minimum time periods before burning:
(A) Trees and branches over six inches in diameter: 30 days;
(B) Brush, vines, bushes, prunings and small branches: 15 days;
(C) Field crops, lawn clippings and weeds: seven days; and
(D) Other materials: drying times will be determined by YTEP on a case-by-case basis. [Ord. 12 § 7, adopted, 4/7/2005.]