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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 3Art. 2§ 41804 Waste Burning Authorization Rules

§ 41804 Waste Burning Authorization Rules

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 41804 Waste Burning Authorization Rules

Key Takeaways

  • •Burning waste is only allowed if it's better than other ways to get rid of it, like throwing it in a landfill.
  • •There must be rules to make the waste burn cleaner and with less smoke.
  • •The state must approve these rules before burning is allowed.
  • •You need a special permit to burn, and it's only allowed on days when farm burning isn't banned.

Example

A farmer wants to burn a big pile of old crops instead of hauling them away.

The farmer must check if burning is allowed that day and get a permit. They also have to follow rules to make sure the fire doesn’t create too much smoke. If they don’t, they could get in trouble.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 41804 Waste Burning Authorization Rules

Burning may be authorized under Section 41802 only if: (a)  The district board finds that it is more desirable to dispose of such waste by burning than to dispose of it by other available means, such as, but not limited to, by removing it to sanitary fills. (b)  The district has developed criteria for such disposal, which shall include provisions to improve the combustibility of such waste to reduce its smoke level. (c)  The state board has approved the criteria developed pursuant to subdivision (b). (d)  Such authorization, if granted, shall be in the form of a permit issued by the district air pollution control officer, and such permit shall allow burning only on days during which agricultural burning is not prohibited by the state board pursuant to Section 41855. (e)  The district board may adopt rules and regulations to authorize any burning authorized under Section 41802, to review each proposed burn prior to authorizing its air pollution control officer to issue a permit for the burn, or to delegate to its air pollution control officer the authority to approve or disapprove each proposed burn after consideration of the amount of waste to be burned, the season of the year, the ambient air quality, the proximity of the waste to developed areas, or such other or additional criteria as the district board may establish. (Added by Stats. 1975, Ch. 957.)

Last verified: January 24, 2026

Key Terms

pollutionconsiderationdisposalregulationwastequalitycombustibilityauthorization

Related Statutes

  • § 41805.5 Landfill Gas Air Testing
  • § 6960.1 Wastewater System Zone Review
  • § 41804.5 Outdoor Wood Waste Burning
  • § 41805 Wood Waste Disposal Regulation
  • § 41805.6 Small City Waste Exemption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 41804.
View Official Source