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.
Why do I get the feeling there will be MANY more brush fires?
All Hail the Thermal Police!
How do you know it is a spare the air night?? Is there a website or do you have to watch the tass/pravda news every evening?
Cool. Thanks for the SNITCH LINE phone number.
Are you burning wood?
Can I report you?
Can you step outside your home and give me the address of somebody/anybody, please, who is burning wood at the moment?
I signed up to get the “automatic” calls!
I’m tired of being lonely.
Commies have been appointed to the CA air quality boards for years, IMHO.
Stupid libtards
How much tax dollars are being spent to run this operation? Gees.
“Does this apply to smoking cigarettes?”
Are you kidding?? You will face summary execution if you are found with a cigarette in the state of Kalifornia.
They will, however, give you a last meal of tofu and sprouts, and offer you a blindfold and a joint, if you wish.
BIZOP - make a scrubber for chimneys.
I’m totally confused. I thought the “Bay area” was San Francisco. What does this have to do with Los Angeles?
I agree. I am from E Oh and the smell of smoke, apple and autumn leaves is terrific!
The Smoke Nazi’s
LOL - shades of an old twilight zone episode.
IT'S ALL ABOUT REVENUE!!!
You know, if a lot of folks in flyover country signed up for the automatic calls...
Hmmm.
What the hell is a “Spare the Air Night”?
It means, “Don’t pick on the air,” silly!
Don’t you get it?
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