Date of Adoption: February 1, 2001.

Purpose: To postpone the expiration of the open burning program for certain areas in Spokane County beyond the current deadline of December 31, 2000.

Citation of Existing Rules Affected by this Order: Amending SCAPCA Regulation I, Article VI, Section 6.01.D.5.

Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), chapter 173-425 WAC.

Adopted under notice filed as WSR 01-01-092 on December 15, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

February 2, 2001

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION

SECTION 6.01 OPEN BURNING

     D. Prohibitions. Except as provided in Section 6.01.E., no person shall practice or permit the practice of open burning in any of the following circumstances and locations:

     1. Within the No-Burn Area, as defined by resolution of the Board of Directors of the Authority.

     2. Within any part of a nonattainment area that is not within an open burning phase-out area.

     3. After November 1, 1994, in any area where no permit program is being administered by a permitting authority.

     4. Within any open burning phase-out area after the final phase-out date as approved by the Department of Ecology.

     5. After December 31, 2000, within any urban growth area having a population of 5,000 or more people, or within any incorporated city or town ((with)) having a population of 10,000 or more people, or within any urban growth area contiguous with a nonattainment area. After April 30, 2001, within any urban growth area.

     6. Outside the period designated by the Authority or permitting authority for burning yard and garden debris.

     7. When the materials to be burned include any prohibited materials.

     8. During an episode or impaired air quality as declared by the Department of Ecology or the Authority for a defined geographical area.

     9. When the fire is larger than a small fire, unless a valid written permit has been issued by a permitting authority.

     10. In or within 500 feet of forest slash, unless a written permit has been issued by the permitting authority.

     11. When burning is for commercial purposes, other than silvicultural burning, agricultural burning, or burning of land clearing debris.

     12. Where the Authority, Department of Ecology, or permitting authority has determined that reasonable alternatives are available.

     13. When burning causes a nuisance, or the Authority or permitting authority determines that the creation of a nuisance is the likely result of burning.

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