WSR 99-12-085

PERMANENT RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed June 1, 1999, 10:15 a.m. ]

Date of Adoption: June 1, 1999.

Purpose: Set fees for burning permits and specify other conditions for written burning permits.

Citation of Existing Rules Affected by this Order: Amending WAC 332-24-221.

Statutory Authority for Adoption: RCW 70.94.660 and 76.04.205.

Adopted under notice filed as WSR 99-08-117 on April 7, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

June 1, 1999

Charlie Baum

Supervisor

OTS-2951.1


AMENDATORY SECTION(Amending WSR 98-13-068, filed 6/15/98, effective 8/1/98)

WAC 332-24-221
Specific rules for burning that requires a written burning permit.

Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department.  In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

(1) Written burning permits will be in effect for one year from the validation date, unless suspended or revoked.

(2) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be ((twenty-four dollars seventy-five)) twenty-five dollars fifty cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows:


Consumable DebrisFee schedule
100-500 tons(($123)) $127
501-1,000 tons((379)) 391
1,001-1,500 tons((631)) 651
1,501-2,000 tons((885)) 914
2,001-2,500 tons((1,138)) 1,175
2,501-3,000 tons((1,392)) 1,438
3,001-3,500 tons((1,643)) 1,697
3,501-4,000 tons((1,897)) 1,959
4,001-4,500 tons((2,151)) 2,222
4,501-5,000 tons((2,404)) 2,483
5,001-5,500 tons((2,658)) 2,746
5,501-6,000 tons((2,911)) 3,007
6,001-6,500 tons((3,166)) 3,271
6,501-7,000 tons((3,419)) 3,532
7,001-7,500 tons((3,673)) 3,794
7,501-8,000 tons((3,926)) 4,056
8,001-8,500 tons((4,180)) 4,318
8,501-9,000 tons((4,433)) 4,580
9,001-9,500 tons((4,688)) 4,843
9,501-10,000 tons((4,939)) 5,102
10,001+tons((5,193)) 5,365

For purposes of this section, consumable debris is the amount of debris that the department determines will be consumed by the proposed burning.

(3) Written burning permits are not considered valid unless all of the following conditions apply:

(a) The written permit has been signed by the applicant agreeing to follow all requirements of chapter 332-24 WAC, the smoke management plan in effect at the time of the burning, and any additional terms and conditions specified by the department in writing; and

(b) The required permit fee has been secured or paid according to approved department procedures; and

(c) The person doing the burning has the permit in possession while burning and is complying with all terms and conditions of such permit, the smoke management plan in effect at the time of the burning, and all applicable portions of chapter 332-24 WAC.

(4) Permits are written only for the burn site and fuel quantity that is presented at the time of the inspection.  Addition of fuel, or changing the burn site after the site inspection has been made, is prohibited unless a new inspection is made and an added permit fee is paid, if required.

[Statutory Authority: RCW 70.94.660 and 76.04.205.  98-13-068, 332-24-221, filed 6/15/98, effective 8/1/98; 97-12-033 (Order 640), 332-24-221, filed 5/30/97, effective 7/1/97; 96-12-020, 332-24-221, filed 5/29/96, effective 7/1/96.  Statutory Authority: RCW 70.94.660.  95-12-023 (Order 629), 332-24-221, filed 5/31/95, effective 7/1/95; 94-14-063 (Order 619), 332-24-221, filed 7/1/94, effective 8/1/94.  Statutory Authority: RCW 76.04.015, 76.04.205 and 70.94.660.  92-14-096 (Order 599), 332-24-221, filed 6/30/92, effective 7/31/92.  Statutory Authority: RCW 76.04.015.  87-11-005 (Order 504), 332-24-221, filed 5/8/87.]

Washington State Code Reviser's Office