Compliance

District Compliance Review

Imperial County APCD's Compliance and Enforcement Division aims to maintain the community in compliance with air quality standards, and investigate non-permitted emission sources with air quality concerns. Imperial County APCD is committed to releasing annual reviews of these efforts.

Compliance Annual Review: Permitting, Policy, and Enforcement

Burning Residential Green Waste Only

Burning residential green waste only is the open burning of vegetative material (dry weeds, plant prunings, shrubbery, tree trimmings, and branches) from around a residential property not located in an incorporated city or township. Burning residential green waste only is permitted in Imperial County Air Pollution Control District (ICAPCD) only on District approved burn days and when you obtain a burn approval number.

To find out if burning residential green waste only is allowed, contact the ICAPCD at (442) 265-1800.

Agricultural Burning

This web page has been designed to provide resources to those interested members of the community, farmers, and growers who want to understand the interplay between agriculture and air quality.

What is Agricultural Burning?

§80150 of Title 17 specifies the special requirements for the open burning in agricultural operations, in the growing of crops, or rising of fowl or animals. This section specifically requires the ICAPCD to have rules and regulations that minimize smoke from agricultural burning. The agricultural core of Imperial County, where the field burning takes place (about one fifth of the countryside), is a trapezoid area about 30-35 miles from north to south. This intensely cultivated zone lies directly south of the Salton Sea and extends south to the international border with Mexico. The east to west dimension of this agricultural area is about 25 miles at the north end and about 30 miles along the border.

Resources

Applications:

*Forms are downloadable and work best when saved to your computer. Please contact our office should you need assistance.

Videos:

Once the Air District issues the Ag and Open Burn Permit, please use the Agricultural Burn Submission Form to submit those fields which are intended for burning. Submitting the form does not constitute approval. All burning in Imperial County MUST have prior authorization from the Air District.

For additional information call (442) 265-1800. Submit your completed Agricultural Burn Submission Form to the following staff:

Conservation Management

Like many other industries, agricultural operations take pride in innovative and cost effective practices which help improve air quality. Currently, all agricultural operations 40 acres and above are required to develop and implement a Conservation Management Plan. To help agricultural operations, the Air District published the 2012 Agricultural Air Quality Conservation Management Practices handbook.

Smoke Management

Title 17 of the California Code of Regulations sets forth the guidelines which establish the principal protocols for agricultural and prescribed burning. Improvements to the Smoke Management Plan (SMP) for Imperial County were approved by the California Air Resources Board on June 10, 2010. The improvements to the SMP were developed through a direct collaboration between the agricultural industry, the private, and public sectors. Of particular interest is the voluntary implementation of the Good Neighbor Policy, which is found under appendix 10 of the SMP and is unique to Imperial County.

Prescribed Fire

What is a Prescribed Fire? Prescribed fire (Prescribed fire (or prescribed burning) is the planned and controlled application of fire to the land, under specified, low-risk weather conditions. Prescribed fire has a long history in California. Native American tribes have used it on their lands for centuries. Prescribed fire is one of the most important tools land and forest managers use today to reduce wildfire hazards, clear excess vegetation, control plant diseases, improve wildlife habitats and restore natural ecosystems. For more information regarding Prescribed Fires, please read the pamphlet below.

Report an Air Quality Complaint

The most efficient way to submit a complaint is to call the Air District at (442) 265-1800. Complaints should be reported as soon as you detect an air quality problem. The sooner the Air District receives the complaint, the sooner an investigation can begin. The Air District is not a first responder agency. If you are experiencing a situation that requires immediate attention, dial 9-1-1 to contact emergency professionals.

What is required when filing a complaint?

Useful and helpful information is extremely important when filing a complaint. The more detailed the information, the faster the investigation can begin. Details such as the following should be provided to help expedite the investigation:

  • Your name, address, telephone number, and email address
  • The nature of the air quality complaint (smoke, dust, odor, or other)
  • The name and address of the alleged source and the type of operation causing it, if known
  • The time and date the air quality incident occurred and whether it is still continuing

How do I file a complaint?

Call (442) 265-1800: During regular business hours the Air District will log your call and assign the complaint to an inspector who will initiate an investigation, usually within 24 hours of receipt. The same contact number and procedure is used for non-regular business hours, weekends, and holidays. Regular business hours are 8:00 am to 5:00 pm, Monday through Friday.

Online: Complete the fields below and click SUBMIT.

NOTE: Complaints received outside of regular business hours (M-F, 8:00 am to 5:00 pm) may be investigated the next business day.

How does the Air District respond to complaints?

Every complaint received by the Air District is investigated, usually within 24 hours of receipt. As a matter of protocol, the Air District will contact all complainants unless the complainant has indicated otherwise. The names and addresses of all complainants are confidential and are not released or divulged to anyone except Air District staff.

During regular business hours, complaints are assigned to area inspectors as soon as possible. During non-business hours, the on-call inspector will contact the complainant directly. Special forms are used to record details of all complaints investigated. The information contained in these forms includes the date and time of the contact, whether the contact was in person or by telephone, and whether or not the complaint was confirmed. If the complaint was confirmed, the details involved throughout the process are recorded. This information is maintained within the Air District's archives and is permanently recorded.

Variance

Please complete all five (5) forms below:

Every applicant or petitioner for a variance, or for the extension, revocation, or modification of a variance, or for an appeal from a denial or conditional approval of an Authority to Construct or Permit to Operate, except any State or local governmental agency or public District, shall pay the Air Pollution Control Officer or his/her authorized agent, upon filing, a fee for each petition.

Rule 305 - Hearing Board Fees contains the appropriate filing fees. Please click on the Rule 305 to view the current fees.

Health and Safety Code Sections

42352 (a) No variance shall be granted unless the hearing board makes all of the following findings:

  1. That the petitioner for a variance is, or will be, in violation of Section 41701 or of any rule, regulation, or order of the District.
  2. That, due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. In making those findings where the petitioner is a public agency, the hearing board shall consider whether or not requiring immediate compliance would impose an unreasonable burden upon an essential public service. For purposes of this paragraph, "essential public service" means a prison, detention facility, police or firefighting facility, school, health care facility, landfill gas control or processing facility, sewage treatment works, or water delivery operation, if owned and operated by a public agency.
  3. That the closing or taking would be without a corresponding benefit in reducing air contaminants.
  4. That the applicant for the variance has given consideration to curtailing operations of the source in lieu of obtaining a variance.
  5. During the period the variance is in effect, that the applicant will reduce excess emissions to the maximum extent feasible.
  6. During the period the variance is in effect, that the applicant will monitor or otherwise quantify emission levels from the source, if requested to do so by the district, and report these emission levels to the district pursuant to a schedule established by the district.

(b) As used in this section, "public agency" means any state agency, board, or commission, any county, city and county, city, regional agency, public district, or other political subdivision.

42353 Upon making the specific findings set forth in Section 42352, the hearing board shall prescribe requirements other than those imposed by statute or by any rule, regulation, or order of the district board, not more onerous, applicable to plants and equipment operated by specified industry or business or for specified activity, or to the operations of individual persons. However, no variance shall be granted if the operation, under the variance, will result in a violation of Section 41700.

41700 (a) Except as otherwise provided in Section 41705, a person shall not discharge from any source whatsoever quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or property.

(b) This section shall become operative on January 1, 2014.

41705.(a) Section 41700 does not apply to odors emanating from any of the following:

  1. Agricultural operations necessary for the growing of crops or the raising of fowl or animals.
  2. Operations that produce, manufacture, or handle compost, as defined in Section 40116 of the Public Resources Code, if the odors emanate directly from the compost facility or operations.
  3. Operations that compost green material or animal waste products derived from agricultural operations, and that return similar amounts of the compost produced to that same agricultural operations source, or to an agricultural operations source owned or leased by the owner, parent company, or subsidiary conduction the composting operation. The composting operation may produce an incidental amount of compost not exceeding 2,500 cubic yards of compost, which may be given away or sold annually.

(b) If a district receives a complaint pertaining to an odor emanating from a compost operation exempt from Section 41700 pursuant to paragraph (2) or (3) of subdivision (a), that is subject to the jurisdiction of an enforcement agency under Division 30 (commencing with Section 40000) of the Public Resources Code, the district shall, within 24 hours or by the next working day, refer the complaint to the enforcement agency.

(c) This section shall become inoperative on April 1, 2001, unless the California Integrated Waste Management Board adopts and submits regulations governing the operation of organic composting sites to the Office of Administrative Law pursuant to subdivision (c) of Section 43209.1 of the Public Resources Code on or prior to that date.