PERMANENT RULES
CLEAN AIR AGENCY
Date of Adoption: November 9, 2000.
Purpose: To update our rule to be consistent with the Washington Department of Ecology rule and implement the requirements of WAC 173-425-040(5).
Citation of Existing Rules Affected by this Order: Repealing Regulation I, Sections 8.01, 8.02, 8.03 and 8.06; and amending Regulation I, Sections 8.04 and 8.05.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 00-20-093 on October 4, 2000.
Changes Other than Editing from Proposed to Adopted Version: In Regulation I, Section 8.12, the description was simplified for clarification.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2001.
November 28, 2000
James Nolan
Director - Compliance
REPEALER
REGULATION I SECTION 8.01 DEFINITIONS
REPEALER
REGULATION I SECTION 8.02 PROHIBITED OUTDOOR FIRES
REPEALER
REGULATION I SECTION 8.03 RESIDENTIAL AND LAND-CLEARING FIRES
AMENDATORY SECTION
REGULATION I ARTICLE 8 OUTDOOR ((FIRES)) BURNING
REGULATION I SECTION 8.04 GENERAL CONDITIONS FOR OUTDOOR
((FIRES)) BURNING
(a) The provisions of Chapter 173-425 WAC (Outdoor Burning)
are herein incorporated by reference. It shall be unlawful for
any person to cause or allow any outdoor burning unless the
burning is in compliance with Chapter 173-425 WAC.
(((a))) (b) The provisions of Sections 9.05 and 9.15 of
Regulation I shall not apply to outdoor ((fires)) burning.
(((b))) (c) Nothing contained in Article 8 shall be
construed to allow outdoor ((fires)) burning in those areas in
which ((open)) outdoor burning is prohibited by laws, ordinances,
or regulations of the state or any city, county, or fire
district.
(((c))) (d) Nothing contained in Article 8 shall relieve the
applicant from obtaining permits required by any state or local
fire protection agency or from compliance with the Uniform Fire
Code.
AMENDATORY SECTION
REGULATION I SECTION 8.05 AGRICULTURAL BURNING
(a) Applicability. This section applies to burning related
to ((commercial)) agricultural operations. The definitions and
requirements contained in Chapter 173-430 WAC also apply to this
section.
(b) General Requirements. Agricultural burning will be permitted if the following requirements are met:
(1) The natural vegetation being burned is generated from the property of the commercial agricultural operation; and
(2) Burning is necessary for crop propagation or rotation, disease or pest control; and
(3) Burning is a best management practice as established by the Agricultural Burning Practices and Research Task Force (established in RCW 70.94.650 as referenced in WAC 173-430-050); or the burning practice is approved in writing by the Washington State Cooperative Extension Service or the Washington State Department of Agriculture; or the burning is conducted by a governmental entity with specific agricultural burning needs, such as irrigation districts, drainage districts, and weed control boards.
(c) Permit Applications. Agricultural burning permits shall be approved by the Agency prior to burning. The permit application shall be submitted on forms provided by the Agency and shall include:
(1) A copy of the applicant's most recent year's Schedule F (as filed with the Internal Revenue Service);
(2) A written review by the local fire district or fire marshal indicating their endorsement that local requirements have been met; and
(3) A non-refundable permit fee:
(A) For burning up to 10 acres (or equivalent), the fee is
$25.00((,)) (base fee);
(B) For burning over 10 acres, the fee is $25.00 plus $2.50 for each additional acre.
(d) Permit Action and Content.
(1) The Agency will act on a complete application within 7 days of receipt.
(2) All agricultural burning permits shall contain conditions that are necessary to minimize emissions.
(3) All permits shall expire 12 months from date of issuance.
(e) Permit Denial. No permit shall be issued if the Agency determines that the proposed burning will cause a nuisance. All denials shall become final within 15 days unless the applicant petitions the Control Officer for reconsideration, stating the reasons for reconsideration. The Control Officer shall then consider the petition and shall within 30 days issue a permit or notify the applicant in writing of the reason(s) for denial. (For more information on the appeal process, see Section 3.17 of this regulation.)
REPEALER
REGULATION I SECTION 8.06 ALLOWABLE OUTDOOR FIRES
NEW SECTION
REGULATION I SECTION 8.09 DESCRIPTION OF THE KING COUNTY
NO-BURN AREA
As provided by WAC 173-425-040(5), residential burning and
land-clearing burning are prohibited in the following areas of
King County:
(a) The King County Urban Growth Area; and
(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).
NEW SECTION
REGULATION I SECTION 8.10 DESCRIPTION OF THE PIERCE COUNTY
NO-BURN AREA
As provided by WAC 173-425-040(5), residential burning and
land-clearing burning are prohibited in the following areas of
Pierce County:
(a) The Pierce County Urban Growth Area; and
(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).
NEW SECTION
REGULATION I SECTION 8.11 DESCRIPTION OF THE SNOHOMISH COUNTY
NO-BURN AREA
As provided by WAC 173-425-040(5), residential burning and
land-clearing burning are prohibited in the following areas of
Snohomish County:
(a) The Snohomish County Urban Growth Area; and
(b) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).
NEW SECTION
REGULATION I SECTION 8.12 DESCRIPTION OF THE KITSAP COUNTY
NO-BURN AREA
(a) As provided by WAC 173-425-040(5), reasonable
alternatives to burning exist in the areas described below and
residential burning and land-clearing burning are prohibited in
these areas.
(1) The Kingston Urban Growth Area as shown in Figure 8-1;
(2) The City of Bainbridge Island;
(3) The Silverdale, Bremerton, Port Orchard area as follows and as shown in Figure 8-2:
• Beginning at the intersection of the line dividing T25N, R2E Sections 18 and 19, and the center line of Port Orchard Bay;
• head directly west to Waaga Way;
• continue west on Waaga Way to Nels Nelson Road NW;
• head north following the Silverdale Urban Growth Area boundary to Island Lake;
• head east following the Silverdale Urban Growth Area boundary to Central Valley Road;
• follow Central Valley Road north to NE Anna Road and then west to Hillcrest Street NW;
• continue north on Central Valley Road to the intersection of T25, R1E, Sections 2 and 3, and T26N, R1E, Sections 34 and 35;
• head directly west to NW Mountain View Road;
• follow NW Mountain View Road to the point where it intersects with the Bangor Naval Reservation boundary;
• follow the Bangor Naval Reservation boundary heading south and west to the point where the Northern Pacific railroad track leaves the Bangor Naval Reservation property at its southern boundary;
• head south along the Northern Pacific railroad track to NW Westgate Road;
• follow NW Westgate Road west to Olympic View Road NW;
• head south on Olympic View Road NW to Anderson Hill Road;
• head west on Anderson Hill Road to Willamette Meridian Road NW;
• head south along the line dividing Township 25 North, Range 1 West and Township 25 North, Range 1 East to the Wesley Harris Naval Reservation;
• head east and south along the perimeter of the Wesley Harris Naval Reservation to a line bisecting T25N, R1E, Section 31;
• follow the line bisecting T25N, R1E, Section 31 east to the Northern Pacific railroad track;
• head south along the Northern Pacific Railroad track to a point where the track crosses the City of Bremerton Urban Growth Area boundary at T24N, R1E between Sections 19 and 30;
• head west along the southwestern portion of the Bremerton city limits for approximately 14 miles to a point 0.2 mile east of the intersection of T23N, R1W, Sections 2, 3, 10, and 11;
• head south to State Highway 3;
• head southwest on State Highway 3 to the Mason County line;
• head east to the line separating T23N, R1W, Sections 22 and 23;
• head north to the intersection of T23N, R1W, Sections 14, 15, 22, and 23;
• head east 1.33 miles;
• head north to State Highway 3;
• head west 0.42 mile;
• head north to the Bremerton city limits;
• head northeast along the Bremerton city limits for approximately 3.6 miles to the intersection of T24N, R1E, Sections 31 & 32 and T23N, R1E, Sections 5 & 6;
• head east another 0.33 mile;
• head south to the intersection of Feigley Road SW and SW Old Clifton Road;
• head east along SW Old Clifton Road to the boundary of the McCormick Woods Urban Growth Area;
• include the entire Urban Growth Area of McCormick Woods;
• at the point where the northeastern boundary of McCormick Woods Urban Growth Area intersects SW Old Clifton Road, follow SW Old Clifton Road northeast to the Port Orchard city boundary;
• start by heading east and follow the Port Orchard city boundary to the point where it intersects with State Highway 16 south of Sedgwick Road;
• head southeast along State Highway 16 to Bethel Road SE;
• head north along Bethel Road SE to the Port Orchard Urban Growth Area boundary;
• start by heading east and follow the Port Orchard Urban Growth Area boundary to the intersection of Sedgwick Road and Phillips Road;
• continue east along SE Sedgwick Road to Longlake Road SE;
• head north along Longlake Road SE to the line between T24N and T23N;
• head west to the intersection of T24N, R2E Sections 31 & 32 and T23N, R2E Sections 5 & 6;
• head north to SE Mile Hill Drive;
• head east along SE Mile Hill Drive to Bullman Road SE;
• head north 0.5 mile along and past Bullman Rd SE;
• head west to SE Horstman Road and continue to Baby Doll Road SE;
• head north along Baby Doll Road SE to E Collins Road;
• head west on E Collins Road and then continue west to E Lindstrom Hill Road and then to Sinclair Inlet shoreline;
• head directly north to the center line of Port Orchard Bay;
• follow the center line of Port Orchard Bay in a northerly direction to where it intersects the line dividing T25N, R2E Sections 18 and 19; and
(4) The Poulsbo area as follows and as shown in Figure 8-3:
• Beginning at the Poulsbo Joint Planning Area boundary and the west shore of Liberty Bay;
• Follow the Poulsbo Joint Planning Area boundary west and then north to State Highway 3;
• head west 0.25 mile;
• head north to NW Rude Road;
• head west 0.25 mile on NW Rude Road;
• head north to Rhododendron Lane NW;
• continue north on Rhododendron Lane NW to the northern Poulsbo Joint Planning Area boundary;
• head east to the intersection of T26N, R1E, Sections 2, 3, 10, and 11;
• head east 0.25 mile and then south to the Poulsbo city boundary;
• follow the Poulsbo city boundary to State Highway 307;
• head northeast on State Highway 307 to Big Valley Road NE;
• head south to the Poulsbo Joint Planning Area boundary;
• follow the Poulsbo Joint Planning Area boundary east to NE Gala Way;
• continue on NE Gala Way to NE Lincoln and then to Noll Road NE;
• head south on Noll Road NE to Tallagson Lane NE;
• continue south on Tallagson Lane NE and then south to NE Heron Pond Lane;
• head west on NE Heron Pond Lane to Noll Road NE;
• head south on Noll Rd NE to State Highway 305;
• head northwest on State Highway 305 to the Poulsbo city limits;
• head southwest to Liberty Bay.
(b) As provided by WAC 173-425-040(5), reasonable alternatives to burning exist in the area described below and land-clearing burning is prohibited in this area.
The Port Orchard area as follows and as shown in Figure 8-2:
• Begin at the intersection of Baby Doll Road SE and SE Mile Hill Drive;
• head east on Mile Hill Drive to Long Lake Road SE;
• head south on Long Lake Road SE to the line between T24N and T23N;
• head west to the intersection of T24N, R2E Sections 31 & 32 and T23N, R2E Sections 5 & 6;
• head north to SE Mile Hill Drive.
| Place illustration here. |
| Place illustration here. |
| Place illustration here. |