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Fireplace ban, fines effective today
Contra Costa Times ^ | 11/1/8 | Dennis Cuff

Posted on 11/01/2008 10:45:54 AM PDT by SmithL

Bay Area residents who violate a new ban on burning wood fires on chilly Spare the Air nights could face some of the toughest fines in California — hundreds or even thousands of dollars per violation.

Effective today with the start of the burn season, the new Bay Area rule bars people from burning wood fires in fireplaces and wood stoves on bad air nights. The rule also bars excessive smoke from indoors fires any time of year.

Offenders — to be identified largely by neighbors phoning in complaints — will get written warnings for the first offense. But subsequent violations can be punished with fines of hundreds or even thousands of dollars, said managers at the nine-county Bay Area Air Quality Management District.

Fines in the Bay Area are not fixed, unlike in Sacramento, Fresno, Stockton and Los Angeles where the initial penalty is $50 or attendance at a smoke education class.

Bay Area pollution regulators said they expect their fines likely will be significantly higher.

The exact amount will be determined on a case-by-case assessment of several criteria set out in the state health and safety code. Those include the severity of the smoke, the impact on neighbors, the number of complaints and a violator's ability to pay fines — the same issues weighed in fining an oil refinery for a chemical release.

"We're not out to catch people by surprise," said Brian Bunger, the air district's general counsel, "but we want to protect people's health from the health effects of wood smoke on a few very cold nights when the problem is most severe."

The Bay Area typically gets about 20 nights a year on average when cold weather temperature inversions trap smoke near the ground, triggering Spare the Air alerts not to burn. Fires are allowed other nights.

Air district mangers said a $50 fine isn't enough to deter repeat offenders whose burning on bad air nights exposes neighbors to soot particles that can trigger asthma attacks, other lung and heart problems, and eye and throat irritation.

During air district public meetings the past two years, several Bay Area residents grumbled they could get no relief when neighbors persistently burned unseasoned wood, paper or other smoke-prone fuels.

"Smoke is a serious health issue," said Jack Broadbent, the air district's chief executive officer. The vast majority of people will follow the rule, but "a small percentage" may not, he said.

Critics of the rule say the air district should not regulate fires in homes. "In a time when people are being laid off, losing their homes and their 401(k)s, now they want to fine us for having a fire to heat our homes," said Bob Moore of El Sobrante.

Broadbent said the fines will be set to match the severity of the problem. If a homeowner burned while knowing the smoke aggravated a neighboring child's asthma, fines could be "in the thousands of dollars." On the other hand, some offenders might get little or no fine if the circumstances merited, he added.

The air district will rely heavily on public complaints to identify illegal burners, but the violations must be observed by district inspectors, officials said.

In Los Angeles, burning fines will be $50 for a first offense, $150 for a second and $500 for a third. Fines in Fresno range from $50 for a first offense to a maximum of $1,000. In Sacramento, fines are $50 for a first violation, but set on a case-by-case basis for subsequent violations.


TOPICS: Extended News; Government; US: California
KEYWORDS: nannystate; reportonyourneighbor; sparetheair; upinsmoke; yourtaxdollarsatwork
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Nanny State Alert!
1 posted on 11/01/2008 10:45:55 AM PDT by SmithL
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To: SmithL

who will they fine during a brush fire?


2 posted on 11/01/2008 10:47:35 AM PDT by edzo4 (Vote McCain, Keep Your Change)
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To: SmithL

Burn coal instead ... it doesn’t appear to be specifically prohibited, and the smell .... mmmmmmmm, that rich sulfur smell will really get the neighbors’ attention.

;)


3 posted on 11/01/2008 10:47:40 AM PDT by mgc1122
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To: SmithL

Next target.

4 posted on 11/01/2008 10:47:58 AM PDT by DogBarkTree (Hope in one hand and Change in the other. Which hand gets dirty first?)
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To: SmithL

A snitch line? Cool.

What’s the number!


5 posted on 11/01/2008 10:48:38 AM PDT by GOP_Lady
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To: SmithL

Another reason to not live in Kalifornicia. And if you live there to move out.


6 posted on 11/01/2008 10:48:59 AM PDT by upchuck (Law of Logical Argument: Anything's possible if you don't know what you're talking about. => nObama))
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To: SmithL

Once they control energy, they control everything.


7 posted on 11/01/2008 10:50:16 AM PDT by aimhigh
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To: SmithL

I bet the homeless are exempt


8 posted on 11/01/2008 10:51:20 AM PDT by Las Vegas Ron (Election '08, the year McCain defined the word "dilemma")
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To: SmithL

Does this apply to smoking cigarettes?


9 posted on 11/01/2008 10:52:09 AM PDT by Mad_Tom_Rackham ("The land of the Free...Because of the Brave")
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To: SmithL
The Nazis and the Bolsheviks unite, for the children.

Comrades, turn in your neighbors!

10 posted on 11/01/2008 10:52:19 AM PDT by Navy Patriot (The beauty of conservatism, Sarah Palin.)
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To: SmithL

I guess the SFPD gave up their Zodiac Killer investigation task force so they could focus their manpoower on more serious offenders.


11 posted on 11/01/2008 10:53:47 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Las Vegas Ron

They’ll now pass out matches along with heroin needles.


12 posted on 11/01/2008 10:53:59 AM PDT by Mad_Tom_Rackham ("The land of the Free...Because of the Brave")
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To: mgc1122

You know, I actually love the smell of a coal fire in the winter. It’s a childhood memory. The crisp smell of snow with a tinge of a coal fire burning from someone’s house. But, I’m from PA. We’re fond of coal. Wood fires smell good too. Chilly Autumn day? Wonderful. What is wrong with these people?!


13 posted on 11/01/2008 10:54:03 AM PDT by ReneeLynn (The heels are on, the gloves are off.~ Sarah Palin)
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To: SmithL

bump


14 posted on 11/01/2008 10:54:32 AM PDT by lowbridge
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To: GOP_Lady
More information
Information on the Bay Area wood smoke rule is available at www.baaqmd.gov/
To get e-mail notifications of no-burn nights, contact www.sparetheair.org. To get automatic phone calls announcing no-burn nights, call 1-880-430-1515. To report burn rule violations or check whether it's a no-burn night, call 1-877-4-NO-BURN
15 posted on 11/01/2008 10:55:27 AM PDT by SmithL (Drill Dammit!)
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To: SmithL
When the cold winter hits them and the high oil prices, high natural gas prices, and electricity prices hits them, they can rest comfortable in the fact that they haven't caused a respiratory condition in some poor San Francisco gerbil and caused it to 'not perform up to snuff.'
16 posted on 11/01/2008 10:55:53 AM PDT by Gaffer
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To: SmithL
The air district will rely heavily on public complaints neighborhood spies...
17 posted on 11/01/2008 10:56:21 AM PDT by lowbridge
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To: SmithL

Pure and simple tyranny.


18 posted on 11/01/2008 10:56:30 AM PDT by pjluke (thank you Mr. Kalashnikov!)
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To: ReneeLynn

Yeah don’t use the wood stove, its bad for “the environment”, crank up the gas heater! There sure are some nut jobs over there in Cali!


19 posted on 11/01/2008 10:56:50 AM PDT by Edizzl79
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To: upchuck
Another reason to not live in Kalifornicia. And if you live there to move out.

Actually another reason for something along these lines

20 posted on 11/01/2008 10:57:18 AM PDT by realdifferent1 (Press 'Preview', then 'Post'; Circle final answer: show all work for extra credit.)
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