S-3457.3          _______________________________________________

                                 SENATE BILL 6409

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Bauer and Barr

Read first time 01/29/92.  Referred to Committee on Agriculture & Water Resources.Revising the restrictions on outdoor burning.

     AN ACT Relating to outdoor burning; and amending RCW 70.94.743.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.94.743 and 1991 c 199 s 402 are each amended to read as follows:

     (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent ((practical)) that will significantly improve air quality:

     (a) Except for subsection (3) of this section, outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards ((are exceeded for pollutants emitted by outdoor)) for particulates were violated for more than one day during the preceding twelve months.  A day in which the standards were exceeded due to sources other than outdoor burning shall not be counted as a violation for the purpose of prohibiting burning.

     (b) Outdoor burning shall ((not be allowed)) be limited in both time and location through regulation by the local government in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people ((if such cities are threatened to exceed state or federal air quality standards, and)) where alternative disposal practices consistent with good solid waste management ((are reasonably available)) or practices eliminating production of organic refuse are ((reasonably)) available at reasonable cost.  ((In no event shall such burning be allowed after December 31, 2000.))

     (2) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

     (3) This section shall not apply to:  (a) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas or (b) burning of noxious weeds, trees and branches felled by a windstorm that is confirmed by an official weather station, or diseased or pest-infested plant material.