PROPOSED RULES
POLLUTION CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: (1) SCAPCA Regulation I, Article VI, Section 6.01; (2) SCAPCA Regulation I, Article X, Section 10.09; (3) SCAPCA Regulation I, Article X, Section 10.13; and (4) amend No Burn Area boundary in Spokane County.
Purpose: 1. Amend outdoor burning regulations to reflect changes in state regulations.
2. Amend asbestos fees to provide a fee waiver for Fire Protection Districts conducting Structural Fire Training exercises.
3. Establish fees for certain types of outdoor burning provided for in state regulations.
4. Expand the No Burn Area Boundary in Spokane County, to ban burning of yard waste where reasonable alternatives to burning exist.
Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), 70.94.755, chapter 173-425 WAC.
Statute Being Implemented: RCW 70.94.141, 70.94.743, 70.94.755-70.94.780, chapter 173-425 WAC.
Summary: 1. The amended regulation reflects changes in state regulations.
2. The amended regulation allows the asbestos fees to be waived for Fire Protection Districts demolishing a building for Structural Fire Training exercises if an AHERA Building Inspector conducts a survey to determine the presence of asbestos containing material.
3. The new section added to the fee regulation establishes fees for some types of outdoor burning that require issuance of an outdoor burning permit.
4. The resolution defines the proposed expanded No Burn Area within Spokane County and bans residential yard and garden debris burning in areas where reasonable alternatives to burning are available.
Reasons Supporting Proposal: SCAPCA's Regulation I and No Burn Area boundary is being revised to meet the mandates in chapter 173-425 WAC, amended April 2000.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Crystal Alford, 1101 West College, Room 403, Spokane, WA 99201, (509) 477-4727.
Name of Proponent: Spokane County Air Pollution Control Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: (1) The regulation is being amended to reflect recent changes in state outdoor burning regulations.
(2) The asbestos fee regulation is being amended to waive required asbestos project fees for Fire Protection Districts performing Structural Fire Training exercises, in accordance with RCW 52.12.150(6), if a certified AHERA Building Inspector performs the asbestos survey.
(3) The new section of the fee regulation establishes a fee program to recover costs associated with administering and enforcing a permit program as provided for in WAC 173-425-060(3).
(4) Burning yard and garden wastes would be further restricted, due to expansion of the No Burn Area boundary, due to the availability of nonburning disposal alternatives.
Proposal Changes the Following Existing Rules: 1. SCAPCA outdoor burning regulations will be at least as stringent as state outdoor burning regulations. In addition, SCAPCA regulations will define exceptions where outdoor burning will be allowed, and whether an outdoor burning permit will be required for the excepted type of burning.
2. Allows Fire Protection Districts to demolish a structure, as part of structural fire training activities, without paying asbestos project fees, if a certified AHERA Building Inspector performs the asbestos survey, prior to demolition.
3. Program costs are not currently recovered for administering and enforcing outdoor burning permit programs.
4. The No Burn Area will be expanded to restrict outdoor burning of yard and garden wastes in areas where reasonable alternatives to burning exist.
No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA is not required under chapter 19.85 RCW to file small business economic impact statements.
RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.
Hearing Location: Spokane County Public Works Building, 1026 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on December 6, 2001, at 8:30 a.m.
Submit Written Comments to: Crystal Alford, Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, fax (509) 477-6828, by November 26, 2001, by 4:30 p.m.
Date of Intended Adoption: December 6, 2001.
September 28, 2001
Crystal Alford
Air Quality Specialist
ARTICLE VI
| EMISSIONS PROHIBITED |
AMENDATORY SECTION
SECTION 6.01 ((OPEN)) OUTDOOR BURNING
A. Purpose. This Section establishes controls for ((open))
outdoor burning in Spokane County in order to:
1. Reduce ((open)) outdoor burning to the greatest extent
practical, consistent with the ((policy)) laws and regulations of
the State of Washington.
2. Minimize the impact of emissions from ((open)) outdoor
burning by burning only when weather and ventilation conditions
are favorable.
3. Define conditions under which ((open)) outdoor burning
may be conducted.
4. Encourage the development and specify the use of
((alternate methods of disposal of combustible waste materials))
reasonable alternatives to outdoor burning.
5. Geographically limit ((open)) outdoor burning in order to
assure continued attainment of the National Ambient Air Quality
Standards for carbon monoxide and fine particulate matter (PM10).
B. Applicability. This Section applies to ((open)) outdoor
burning in all areas of Spokane County unless exempted in Section
6.01.E. This Section does not apply to Silvicultural Burning
(see Chapter 332-24 WAC) or to Agricultural Burning (see Chapter 173-430 WAC).
C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:
1. Agricultural Burning means burning of vegetative debris
from an agricultural operation necessary for disease or pest
control, necessary for crop propagation and/or crop rotation,
necessary to destroy weeds or crop residue along farm fence rows,
irrigation ditches, or farm drainage ditches, or where identified
as a best management practice by the agricultural burning
practices and research task force established in ((Chapter)) RCW
70.94.650 ((RCW)) or other authoritative source on agricultural
practices.
2. Authority means the Spokane County Air Pollution Control Authority.
((3. Ceremonial Fire means a fire associated with a Native
American ceremony or ritual.))
3. Construction/Demolition Debris means any material manufactured for or resulting from the construction, renovation, or demolition of buildings, roads, and/or other man-made structures or objects/materials.
4. Episode means a period when a forecast, alert, warning,
or emergency air pollution stage is declared, as ((given in
Chapter 70.94.715 RCW)) provided in Chapter 173-435 WAC.
5. Flag Retirement Ceremony means a ceremony for the purpose of disposing of the flag of the United States of America, by fire, pursuant to 36 U.S.C. 176(k).
6. Fire Fighting Instruction Fire means a fire for instruction in methods of fire fighting, including, but not limited to, training to fight structural fires, aircraft crash rescue fires, and forest fires.
7 ((5)). Impaired Air Quality, for purposes of ((open))
outdoor burning, means a condition declared by the Authority when
meteorological conditions are conducive to an accumulation of air
contaminants, concurrent with at least one of the following
criteria:
a. Particulates ((which)) that are ten microns or smaller in
diameter (PM10) are measured at any location inside Spokane
County at or above an ambient level of ((seventy-five)) sixty
micrograms per cubic meter of air, measured on a 24-hour average,
by a method which has been determined, by Washington State
Department of Ecology or the Authority, to have a reliable
correlation to the federal reference method, CFR Title 40 Part 50
Appendix J, or equivalent.
b. Carbon monoxide is measured at any location inside Spokane County at or above an ambient level of eight parts of contaminant per million parts of air by volume (ppm), measured on an eight-hour average by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix C, or equivalent.
c. Air contaminant levels reach or exceed other limits,
established by Ecology pursuant to RCW 70.94.331 ((Chapter
173-425-030 (5)(b) WAC, by resolution of the Board of Directors
of the Authority)).
8. Indian Ceremonial Fire means a fire necessary for Native American ceremonies (i.e., conducted by and for Native Americans) if part of a religious ritual.
9 ((6)). Land Clearing Fire means ((removing trees,
shrubbery, or other natural vegetation from a plot of land))
outdoor burning of trees, stumps, shrubbery, or other natural
vegetation from land clearing projects (i.e., projects that clear
the land surface so it can be developed, used for a different
purpose, or left unused).
10. Natural Vegetation means unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.
11 ((7)). Nonattainment Area means the Spokane County PM10
Nonattainment Area and the Spokane Urban Carbon Monoxide
Nonattainment Area as defined in CFR Title 40, Part 81.
12. Noxious Weed Abatement Fire means any outdoor burning for the sole purpose of disposing of noxious weeds identified in the State Noxious Weed List, Chapter 16-750 WAC.
13 ((8)). Nuisance means an emission of smoke or other
emissions from any ((open)) outdoor fire that unreasonably
interferes with the use and enjoyment of property or public
areas.
14. Other Outdoor Burning means outdoor burning other than agricultural burning, silvicultural burning, residential burning, land clearing burning, storm or flood debris burning, tumbleweed burning, weed abatement fires, fire fighting instruction fires, rare and endangered plant regeneration fires, Indian ceremonial fires, and recreational fires. It includes, but is not limited to, any outdoor burning necessary to protect public health and safety.
15 ((9)). ((Open Burning or)) Outdoor Burning or Open
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 in
a manner approved by the Authority. Outdoor burning means all
types of outdoor burning except agricultural burning and
silvicultural burning.
16 ((10)). Permitting Authority means the Spokane County Air
Pollution Control Authority (Authority), or one or more of the
following entities, whenever the Authority and an entity have
signed an agreement regarding a permitting program or the
Authority has delegated administration of the permitting program,
pursuant to RCW 70.94.654, to one or more of the referenced
entities, provided such delegation of authority has not been
withdrawn: Spokane County, any fire ((department, any fire
district)) protection agency within Spokane County, Department of
Natural Resources, or the Spokane County Conservation District.
((, whenever the referenced agency enters into a written
agreement with the Authority to administer a permit program
pursuant to Chapter 173-425-070 WAC.))
((11. Phase-out Area means any geographical area which is
outside the No-Burn Area, as defined in Attachment A of
Resolution 91-01 of the Authority, and inside the Spokane PM10
Nonattainment Area, as defined in CFR Title 40, Part 81.))
17 ((12)). Premises of a Residence means the real property
immediately adjacent to the residence which is owned by the same
person who owns the residence, and which is not devoted to
agricultural or silvicultural use, other than yard and gardening
activities connected with the residence.
18 ((13)). Prohibited Materials means garbage, dead animals,
asphalt, petroleum products, paints, rubber products, plastics,
paper (other than what is necessary to start a fire), cardboard,
treated wood, construction debris, demolition debris, metal or
any substance (other than natural vegetation) ((which when
burned)) that releases toxic emissions, dense smoke or obnoxious
odors, when burned.
19 ((14)). Reasonable Alternative((s means disposal
alternatives to open burning that cost less than eight dollars
fifty cents per cubic yard (This amount may be adjusted
periodically by policy decision of the Department of Ecology), or
more costly disposal alternatives which have been deemed
reasonable, on a case-by-case basis, by the Authority)) means a
method for disposing of organic refuse (such as natural
vegetation) that is available, reasonably economical, and less
harmful to the environment than burning, including but not
limited to, waste reduction, recycling, energy recovery or
incineration, and landfill disposal.
20 ((15)). Recreational Fire means a small fire, limited to
((barbecues)) cooking fires and campfires, using charcoal,
natural gas, propane, or clean, dry, natural firewood (e.g., tree
trunk wood), and which occurs in designated areas on public lands
or on private property. Fires used for debris disposal are not
considered recreational fires.
21. Residential Burning means the outdoor burning of natural yard and garden debris (i.e., dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles) originating on the maintained/improved area of residential property (i.e., lands immediately adjacent and in close proximity to a human dwelling) and burned on such lands by the property owner and/or any other responsible person.
22 ((16)). Responsible Person means any person who has
applied for and received a permit for outdoor burning, or any
person allowing, igniting or attending to an ((open)) outdoor
fire, or any person who owns or controls property on which an
((open)) outdoor fire occurs.
((17. Social Event means a public event or celebration
officially sponsored by Spokane County or an incorporated city or
town.))
23 ((18)). Silvicultural Burning means burning on unimproved
land the Department of Natural Resources protects pursuant to
((Chapter)) RCW 70.94.030(20), 70.94.660, and 70.94.690 ((RCW)),
and pursuant to Chapter 76.04 RCW.
24 ((19)). Small Fire means a fire generated by a pile of
combustible material with dimensions no greater than ((four feet
by four feet by three feet)) three feet in diameter by two feet
in height.
25. Social Event means a public event or celebration officially sponsored by Spokane County or an incorporated city or town.
26 ((20)). Urban Growth Area means an area defined by
((Chapter)) RCW 36.70A.030 ((RCW)).
((21. Yard means a maintained area on residential property.
22. Yard and Garden Debris means dry garden trimmings, tree
clippings, lawn rakings, dry leaves and needles generated from a
residential yard or garden.))
D. Areas Where Outdoor Burning is Prohibited.
((Prohibitions.)) Except as provided in Section 6.01.G.((E.)), no
person shall practice or permit the practice of ((open)) outdoor
burning in any of the following ((circumstances and)) locations:
1. Within ((the)) a 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.))
2 ((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 having a population of 10,000 or more
people, or within any urban growth area contiguous with a
nonattainment area or former nonattainment area. ((After April
30, 2001, within any urban growth area.))
3. After December 31, 2006, 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 during 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 or agricultural burning, or burning of land
clearing debris.))
4 ((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.))
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
E. General Conditions. Considering population density and
local conditions affecting air quality, the Authority or
permitting authority shall establish conditions for all permits
to minimize air pollution as much as practical. Such conditions
may be general (applying to all permits) or specific (applying to
individual permits). Conditions may address permissible hours of
burning, maximum size or volume of material to be burned,
requirements for good combustion practice, burning under
specified weather conditions, pre-burn and post-burn reporting,
and other criteria, determined by the permitting authority, as
necessary to minimize air pollution. Unless exempt per Section
6.01.G, any person who practices or permits the practice of
outdoor burning shall, in addition to any specific permit
conditions established imposed, comply with the following general
conditions:
1. Curtailments.
a. No outdoor fire may be ignited in a geographical area where:
(i) Ecology has declared an episode;
(ii) Authority has declared impaired air quality; or
(iii) The appropriate fire protection agency or other agency of jurisdiction has declared a fire danger burn ban, unless that agency grants an exception.
b. The responsible person shall contact the Authority or permitting authority each day, prior to igniting an outdoor fire, to determine outdoor burning conditions.
c. The responsible person for an outdoor fire must extinguish the fire when an episode, impaired air quality, or fire danger burn ban that applies to the burning is declared. All small fires shall be immediately extinguished by smothering the fire with water or soil. All other fires shall be extinguished by methods including, but not limited to, withholding new fuel and allowing the fire to burn down. In this regard:
(i) Smoke visible from all types of outdoor burning, except land clearing burning, after a time period of three hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn is declared, will constitute prima facie evidence of unlawful outdoor burning.
(ii) Smoke visible from land clearing burning after a time period of eight hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared, will constitute prima facie evidence of unlawful outdoor burning.
2. The fire must not include any prohibited materials.
3. Only one pile may be burned at a time (i.e. each fire must be extinguished before lighting another).
4. The fire must not be larger than a small fire.
5. Burning for commercial purposes is not allowed (i.e., when burning is not for residential purposes), other than silvicultural burning or agricultural burning.
6. The fire must not include materials hauled from another property, other than charcoal, natural gas, propane, or clean, dry, natural firewood.
7. Burning may occur only during daylight hours, or a more restrictive period as determined by the Authority or permitting authority.
8. Until extinguished, the fire shall be attended by a person who is responsible and capable of extinguishing the fire.
9. Any person responsible for unlawful outdoor burning must immediately extinguish the fire, except as provided for in Section 6.01.E.1.c.
10. Permission from the landowner, or the landowner's designated representative, must be obtained before starting the fire.
11. No fires are to be within 50 feet of structures.
12. No fires are to be in or within 500 feet of forest slash.
13. If an outdoor container is used for burning, it must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other non-combustible material with openings not larger than one-half inch.
14. Any person responsible for outdoor burning must immediately extinguish the fire if it causes a nuisance or if the permitting authority determines that the creation of a nuisance would likely result from burning.
15. Structural fire training, provided for in Sections 6.01.G.1.g and 6.01.G.2.e, may be performed by a fire protection agency provided the following requirements are met:
(a) The owner and fire protection agency must have met the requirements in SCAPCA Regulation I, Article IX and Section 10.09 prior to training;
(b) The fire protection agency conducting the fire training must have a fire-training plan, which will be made available to the Authority upon request, and the purpose of the structural fire must be to train fire fighters; and
(c) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile, must not be burned unless such materials are identified by the fire protection agency as being an essential part of the fire training exercise and are described as such in the fire-training plan. Materials removed from the structure(s) must be disposed of in a lawful manner prior to the training exercise.
REPEALER
SECTION 6.01.F GENERAL CONDITIONS
NEW SECTION
F. Outdoor Burning of Residential Yard and Garden Debris. In addition to the requirements in Section 6.01.D and E, any person who burns yard and garden debris shall comply with the following:
1. Only Residential Burning is allowed, per Section 6.01.C.21.
2. Burning shall be conducted no more than 8 days per year, which shall be restricted to a season specified by the Board of Directors or Control Officer of the Authority, as allowed in WAC 173-425-060(5), unless a written permit has been issued by a permitting authority operating under a delegation agreement with the Authority.
3. Burning shall be conducted between the hours of 9:00 am and 5:00 pm or a more restrictive period, as determined by the Authority or permitting authority.
REPEALER
SECTION 6.01.G OPEN BURNING OF YARD AND GARDEN DEBRIS
AMENDATORY SECTION
G ((E)). Exceptions. Exceptions to Sections 6.01.D and E.
shall be made as follows:
1. Exceptions that do not Require an Outdoor Burning Permit.
The prohibitions in Section 6.01.D and the general conditions in
Section 6.01.E are waived as indicated for the following types of
fires: ((The prohibitions in Subsections 1 through 6 of Section
6.01.D shall not apply to the following types of fires if
authorized by the Authority:))
a. Indian ((C))ceremonial fires
b. Recreational fires are exempt from the prohibitions in Section 6.01.D and Section 6.01.E. 7 and 13, provided the fire is not started an unreasonable length of time before, nor continues an unreasonable length of time beyond, its recreational purpose.
((c. Fires set for a social event, provided the fire is not
started an unreasonable length of time before nor continues an
unreasonable length of time beyond the event.
d. Fires set for improving and maintaining fire dependent ecosystems, as provided in Chapter 70.94.660 RCW.))
c((e)). Fires fueled exclusively by flares or torches are
exempt from the prohibitions in Section 6.01.D and Section
6.01.E. 2-3, 5, 7, and 11-12 provided the flares or torches are
not started an unreasonable length of time before nor continue an
unreasonable length of time beyond the event for which they are
being used.
d. Aircraft crash rescue training fires authorized by a fire protection agency do not require a permit if performed in accordance with RCW 70.94.650(5) and are exempt from the prohibitions in Section 6.01.D and Section 6.01.E. 2-7 and 11-12.
e. Forest fire instruction fires authorized by a fire protection agency are exempt from the prohibitions in Section 6.01.D and Section 6.01.E. 2-5, 7 and 12.
f. Structural fire training fires authorized by a fire protection agency that are located within unincorporated areas and outside urban growth areas do not require a burning permit if performed in accordance with RCW 52.12.150 and are exempt from the prohibitions in Section 6.01.D.1, and Section 6.01.E. 2-5, 7 and 11-12.
g. Flag Retirement Ceremony Fires for disposing of the flag of the United States of America, pursuant to 36 U.S.C. 176(k), are exempt from Section 6.01.D and Section 6.01.E. 2, 5-7, 11, and 13.
2. Exceptions that Require an Outdoor Burning Permit. The
following types of fires may be exempted from one or more of
((T)) the prohibitions in ((Subsections 1 through 7 of)) Section
6.01.D ((shall not apply to the)) and/or the general conditions
in Section 6.01.E when authorized by the Authority and a written
permit has been issued by the permitting authority ((following
types of fires if authorized by the Authority and a written
permit has been issued by the Authority providing the
exception)):
a. Fires ((When)) ordered by a duly authorized health
officer to dispose of, diseased animals and other infested
material ((may be burned)), as required, to keep the infestation
from spreading.
b. Fires ((When)) ordered by a fire protection agency of
jurisdiction, ((fires)) to dispose of materials presenting a
danger to life, property, or public welfare ((may be burned)).
c. Fires ((When)) authorized by a fire protection agency of
jurisdiction, ((fires)) necessary for training, including
military training((, may be burned)).
d. Fire extinguisher training fires of short-duration for instruction on the proper use of hand-held fire extinguishers, provided the requirements below are met:
(i) Flammable or combustible materials used during the fire extinguisher training shall be limited to:
(a) Less than 2 gallons of clean kerosene or diesel fuel oil per training exercise, provided that gasoline or gasoline mixed with diesel or kerosene may be used only by local fire departments, fire protection agencies, fire marshals, or fire districts;
(b) As much gaseous fuel (propane or natural gas) as required for the training exercise; and/or
(c) Less than 0.5 cubic yards of clean, solid combustible materials per training exercise. Examples of solid combustible materials are natural firewood, untreated scrap lumber, and unused paper.
(ii) All training must be conducted by local fire officials or a qualified instructor. Instructor qualifications and a training plan must be available to the Authority upon request; and
(iii) Prior to the training, the person(s) conducting the exercise must notify the local fire department, fire marshal, or fire district and must meet all applicable local ordinances and permitting requirements.
e. Structural fire training fires authorized by a fire protection agency that are located within urban growth areas.
((d. When ordered by a fire protection agency of
jurisdiction, fires to prevent or abate a fire hazard may be
burned.))
f ((e)). Fires set as part of a defined research project
((may be burned)).
g. Social event fires (i.e., a fire that is larger than a small fire that is part of a social event), provided the fire is not started an unreasonable length of time before nor continues an unreasonable length of time beyond the event.
h. Residential land clearing fires consisting of materials cleared from less than 1 acre of forested land on a 5 acre or larger parcel of land in non-commercial ownership.
i. Silvicultural-to-agricultural land conversion fires.
j. Storm or flood debris fires and rare and endangered plant regeneration fires, as defined in WAC 173-425-030.
k. Fires set for improving and maintaining fire dependent ecosystems, as provided in RCW 70.94.660.
l. Noxious Weed Abatement fires, as provided for in WAC 173-425-060 (2)(e) and RCW 70.94.650 (1)(a).
((3. Nothing in Section 6.01, except for Subsection 8 of
Section 6.01.D., shall apply to the following types of fires:
a. Silvicultural burning.
b. Agricultural burning pursuant to Section 6.11.
c. Grass field burning pursuant to Section 6.10.
4. Subsection 6 of Section 6.01.D. shall not apply to fires for which a valid written permit has been issued by a permitting authority.))
3 ((5)). Nothing in Section 6.01 shall apply to burning of
combustible material in a multiple-chambered unit, such as in a
multiple-chambered incinerator, as long as the unit is registered
with the Authority pursuant to Article IV or the operator
possesses a valid ((Approval)) Notice of Construction approval
issued pursuant to Article V and the unit complies with all
applicable regulations.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
H. Permit Requirements. Written permits, as required in Section 6.01.G.2, are subject to the following requirements:
1. All applicants for outdoor burning permits must submit their requests to burn, on forms or in a format provided by the permitting authority.
2. The permitting authority may require additional information from the applicant, as necessary to determine if outdoor burning is reasonably necessary, to determine how best to minimize air pollution, and to determine if any special conditions are applicable.
3. The permitting authority shall not issue a permit if it determines that the proposed burning will cause or is likely to cause a nuisance.
4. The permitting authority may deny an application or revoke a previously issued permit if it is determined by the permitting authority that the application contained inaccurate information, or failed to contain pertinent information, which information is deemed by the permitting authority to be significant enough to have a bearing on the permitting authority's decision to grant a permit.
5. All applicants for outdoor burning permits shall pay a fee at the time of application, according to a schedule of fees, established by resolution or other official action of the permitting authority. When the permitting authority is the Spokane County Air Pollution Control Authority, the fee shall be according to the schedule in Regulation I, Article X, Section 10.13.
6. No permit for outdoor burning shall be granted on the basis of a previous permit history.
7. The responsible person attending the permitted fire shall maintain the permit or a copy of the permit in his or her immediate possession, and make the permit available for review upon request of the permitting authority.
8. Permit timelines. For fires in Section 6.01.G.2.a, b and f-k, all applicants shall submit an application in accordance with Section 6.01.H.8.a. For fires in Section 6.01.G.2.c-e, all applicants shall submit an application in accordance with Section 6.01.H.8.a and/or b.
a. 30-day permit (for fires in Section 6.01.G.2).
(i) Unless otherwise approved by the permitting authority, all applicants shall submit a completed permit application no less than 10 days prior to the first proposed burn date. Unless otherwise approved by the permitting authority, applications will be accepted no more than 180 days prior to the first proposed burn date.
(ii) One application may be submitted for each type of outdoor fire provided for in Section 6.01.G.2 when the request is for burning at one real property, within a specified 30-day period.
(iii) The permit shall expire 29 consecutive days after the first proposed burn date.
b. Annual permit (limited to fires in Section 6.01.G.2.c-e).
(i) Unless otherwise approved by the Authority, all applicants shall submit a completed permit application no less than 30 days prior to the first proposed burn date.
(ii) One application is required for outdoor burning provided for in Section 6.01.G.2.c-e when the request is for burning at one or more real properties during a 12-month period.
(iii) A responsible person must notify the Authority prior to each burn. Notification shall be written (e.g., facsimile or electronic mail) or verbal (e.g., voice-mail message) and must include the name of fire protection agency, name of responsible person, date that training will occur, permit number allowing such training, telephone number at which the responsible person may be contacted during the fire training exercise, and address at which fire training exercises will be conducted.
(iv) The permit shall expire 364 consecutive days after the first proposed burn date.
REPEALER
SECTION 6.01.H FIELD RESPONSE
NEW SECTION
I. Agreements with Permitting Authorities
1. The Authority may enter into agreements with permitting authorities, as defined in Section 6.01.C.14.
2. Agreements must define the roles, responsibilities and duties of the Authority and the permitting authority. Such agreements may include, but are not limited to, the following program elements:
a. The types of burning to be addressed under the agreement;
b. The exceptions (Section 6.01.G) applicable;
c. The scope of discretion of the permitting authority;
d. Permit tracking;
e. Reporting; and
f. Enforcement.
3. Agreements will remain in effect until cancelled. An agreement may be cancelled for any reason, by any entity or representative thereof, that signed the agreement, provided notice has been given at least 30 days prior to cancellation to all entities that signed the agreement.
AMENDATORY SECTION
J ((I)). Violations.
1. The Authority may issue a Notice of Violation to a responsible person when:
a. Any specific prohibition, requirement, permit condition,
or any general ((permit)) condition specified in Section
6.01((.F.)) is violated((; or)).
((b. Any prohibition in Section 6.01.D. is violated; or
c. An open fire is ignited where a permit is required and no such permit has been obtained.))
2. A fire protection agency called to respond to, control, or extinguish an illegal or out-of-control fire may charge and recover from the responsible person(s), the costs of its response and control action.
3. Permitting authorities may refer field notices and other documentation to the Authority for appropriate enforcement action. The Authority shall remit one-half of any civil penalty collected, to the referring agency, if the referring agency makes such a request in writing at the time of referral.
((4. Smoke visible from open burning after a time period of
three hours has elapsed from the time of declaration of an
episode or impaired air quality shall constitute prima facie
evidence of unlawful open burning.))
K ((J)). The provisions of this Section are severable. If
any phrase, sentence, paragraph, or provision is held invalid,
the application of such phrase, sentence, paragraph, or provision
to other circumstances and the remainder of this Section shall
not be affected.
L ((K)). Compliance ((with other laws and regulations)).
The responsible person is expected to comply with all applicable
laws and regulations. Compliance with Section 6.01 or qualifying
for an exception in Section 6.01.G. does not ((necessarily mean))
insure that ((open)) outdoor burning complies with other
applicable laws and regulations implemented by any other
((authorities)) permitting authority or entity.
ARTICLE X
| FEES AND CHARGES |
AMENDATORY SECTION
SECTION 10.09 ASBESTOS FEES
Written notification, as required in Article IX, Section 9.04,
shall be accompanied by the appropriate nonrefundable fee
according to Section 10.09(a).
a. Notification Period and Fees
| Project | Size or Type | Notification Period | Fee |
| Owner-Occupied, Single-Family Residence Asbestos Project (excluding demolition) | Notification Not Required |
None |
None |
| Owner-Occupied, Single-Family Residence Demolition | All | Prior Notice | $25 |
| All Other Demolitions with no asbestos project | All |
10 Days |
$150 |
| Asbestos Project includes demolition fee* | 10-259 linear ft 48-159 square ft |
3 Days |
$150 |
| Asbestos Project includes demolition fee | 260-999 linear ft 160-4,999 square ft |
10 Days |
$300 |
| Asbestos Project includes demolition fee | 1,000-9,999 linear ft 5,000-49,999 square ft |
10 Days |
$750 |
| Asbestos Project includes demolition fee | > 10,000 linear ft > 50,000 square ft |
10 Days | $1,500 |
| Emergency | 9.04.C |
Prior Notice** | Additional fee equal to project fee |
| Amendment*** | 9.04.B | Prior Notice | $50 |
| Alternate Means of Compliance (demolitions or friable asbestos-containing material) |
9.07.A or C |
10 Days |
Additional fee equal to project fee |
| Alternate Means of Compliance (non-friable asbestos-containing material) |
9.07.B | 10 Days | Additional fee equal to project fee |
| Annual | 9.04.A.8 | Prior Notice | $1,000 |
| * | Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period. |
| ** | Except in the case where advance notice is not required pursuant to Section 9.04.C.2. |
| *** | For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the $50 amendment fee. |
c. Where a compliance investigation is conducted pursuant to Section 9.04 of this regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.
d. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.
ARTICLE X
| FEES AND CHARGES |
NEW SECTION
SECTION 10.13 OUTDOOR BURNING PERMIT FEES
A. For outdoor burning permit applications, submitted to the Authority pursuant to Section 6.01 of this regulation, a nonrefundable fee shall accompany the application. The fee is as follows:
1. A $10 fee shall be submitted with each 30-day permit application.
2. A $25 fee shall be submitted with each annual permit application.
Proposed No Burn Area Boundary Description in Spokane County
Beginning at the county division line between Stevens and Spokane County, in Sec. 20, T29N, R42E the No Burn Area boundary proceeds east along the north section lines of Secs. 29, 28, 27, 26, 25, T29N, R42E; Secs. 30, 29, 28, 27, 26, 25, T29N, R43E; and Secs. 30, 29, 28, 27, 26, 25, T29N, R44E.
Thence south along the east section lines of Secs. 25, 36, T29N, R44E; Secs. 1, 12, 13, 24, 25, 36, T28N, R44E; Secs. 1, 12, 13, 24, T27N, R44E.
Thence east along the north section lines of Secs. 30, 29, 28, 27, 26, 25, T26N, R45E; Sec. 30, T26N, R46E to the Washington State line.
Thence south along the Washington State line to Elder Rd.
Thence west along the centerline of Elder Rd to Valley Chapel Rd.
Thence south-west along the centerline of Valley Chapel Rd. to Spangle Creek Rd.
Thence west along the centerline Spangle Creek Rd. to Smythe Rd.
Thence west along the centerline of Smythe Rd to Parker Rd.
Thence south along the centerline of Parker Rd to Depot Springs Rd.
Thence west along the centerline of Depot Springs Rd. to Cheney-Spangle Rd.
Thence north-west along the centerline of Cheney-Spangle Rd. to the Cheney Interim Urban Growth Area boundary, as established August 1997, amended April 2000 pursuant to RCW 36.70A.030.
Thence south and west along the Cheney Interim Urban Growth Area boundary, to Cheney Plaza.
Thence north along the centerline of Cheney Plaza Rd to the Cheney City Limits.
Thence southwest along the Cheney City Limits to the Cheney Interim Urban Growth Area boundary, as established August 1997, amended April 2000.
Thence west and north along the Cheney Interim Urban Growth Area boundary to the Cheney City limits.
Thence north along the Cheney City limits to Salnave Rd.
Thence north-west along the centerline of Salnave Rd. to the southwest corner of Section 36, T24N, R40E.
Thence north along the west section lines of Secs. 36, 25, 24, 13, 12, T24N, R40E to Espanola Rd.
Thence west and north along the centerline of Espanola Rd. to Hwy 2.
Thence north of Hwy 2 along the centerline of Woods Rd to Coulee Hite Rd.
Thence east along the centerline of Coulee Hite Rd. to Four Mound Rd.
Thence north-west along the centerline of Four Mound Rd. to Dover Rd.
Thence north along the centerline of Dover Rd. to Charles Rd.
Thence north along the centerline of Charles Rd. to South Bank Rd.
Thence north-west along the centerline of South Bank Rd. to the west section line of Sec. 6, T27N, R41E.
Thence north along the west section line of Sec. 6, T27N, R41E to the northwest corner of Sec. 6, T27N, R41E.
Thence east along the north section line of Sec. 6, T27N, R41E to the northeast corner of Sec. 6, T27N, R41E.
Thence north along the west section line of Sec. 32, T28N, R41E to the west shore of the Spokane River.
Thence southeast along the west and south bank of the Spokane River to Sec. 32, T27N, R42E.
Thence north along the west section lines of Secs. 32, 29, 20, 17, 8, 5, T27N, R42E; Secs. 32, 29, 20, 17, 8, 5, T28N, R42E; Secs. 32, 29, T29N, R42E to northwest corner of Sec. 29, T29N, R42E.