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California Special Districts Association

Wednesday
Feb 22nd
Winter Burn Rules Start for Marin, Bay Area PDF Print E-mail
The third season of the Bay Area's ban on wood burning on certain poor-air nights began last week, and Marin will once again be in the middle of the crackdown.

Marin led Bay Area counties in both the number of complaints received and warning letters issued regarding wood smoke on "Spare the Air" winter days during the first two years of the program, according to the Bay Area Air Quality Management District.

The district is cracking down on people who burn wood on days when weather conditions make it likely that smoke will hang in the air and cause particulate pollution, making it hard for some people to breathe.

Last winter the air district received 488 complaints from Marin residents about smoke during the seven days that "Spare the Air" alerts were declared. Based on those complaints, the district sent 65 Marin residents warnings reminding them of the no-burning rule.

Some people bristle over the rule and accuse the district of ruining a cozy yuletide log. The air district was criticized last year for issuing an alert on Christmas Day, but officials noted the Bay Area didn't exceed air quality standards on that day. Air officials said there is a reason for the policy.

"The key thing to remember is this protects public health and improves air quality," said Kristine Roselius, a spokeswoman for the air district.

The rule -- which is in place through Feb. 28 -- outlaws the use of wood-burning devices including fireplaces, pellet stoves, wood stoves and outdoor fire pits during winter dirty-air days. There is a hotline for smoke complaints, and the ban was enforced by air quality district patrols who cruised through neighborhoods looking for violators.

When cases were confirmed, violators received warning letters in the mail. A second violation resulted in fines. Eight, $400 fines were issued in the Bay Area last winter, but none in Marin. Local police agencies were not involved in the enforcement of air rules.

Air officials say they will announce a Spare the Air day by 2 p.m. the day before to better inform the public about the burn ban.

The rule applies to the nine-county Bay Area region, which has a population of 6.9 million. Although Marin, with 246,500 people, accounts for just 3.5 percent of the region's population, it accounted for 20.7 percent of the complaints lodged with the air quality district and 21 percent of the warning letters.

The burn rule has survived a legal challenge. Stockton-based Duraflame's lawsuit to the ban was rejected by an appeals court, which ruled Duraflame fire logs are not exempt. The 1st District Court of Appeal in San Francisco upheld the authority of the Bay Area Air Quality Management District to subject Duraflame's manufactured fire logs to the burning ban.

"The court has reaffirmed the air district's rule to protect public health and reduce harmful wintertime air pollution," said Jack Broadbent, air board chief.
 
 

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