CLEAN AIR AGENCY
Effective Date of Rule: January 1, 2011.
Purpose: To update the agency's agricultural burning permit fee structure. There is also a minor housekeeping change that covers a statutory reference update.
Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 8.05.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 10-19-122 on September 21, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 28, 2010.
Executive DirectorAMENDATORY SECTION
REGULATION I SECTION 8.05 AGRICULTURAL BURNING PERMITS
(a) Applicability. This section applies to burning permits related to agricultural operations. The definitions and requirements contained in chapter 173-430 WAC also apply to this section; provided that if there is a conflict between this section and chapter 173-430 WAC, this section governs.
(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)) RCW 70.94.6528 as referenced
in (( WAC 173-430-050)) chapter 173-430 WAC); 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; and (( .))
(4) The proposed burning will not cause a violation of any Agency regulation.
(c) Permit Applications. Agricultural burning permits shall be approved by the Agency prior to burning.
(1) The permit application shall be submitted on forms provided by the Agency and shall include:
(1))) (A) A copy of the applicant's most recent year's
Schedule F (as filed with the Internal Revenue Service);
(2))) (B) A written review by the local fire district
or fire marshal indicating their endorsement that local
requirements have been met; and
(3))) (C) A (( non-refundable)) permit fee as required
(A) For burning up to 10 acres (or equivalent), the fee
is $25.00 ($12.50 for local administration and $12.50 for the
(B) For burning over 10 acres, the fee is $2.25 per acre ($1.25 for local administration, $.50 for the research fund, and $.50 for Ecology administration).))
|Burn Type||Minimal Fee||Variable Fee|
|(i) Field Burning
of vegetative residue on an area of land used in an agricultural operation.
(does not include pile burning)
|$30 for the first
||$3 for each
of an unforeseen and unpredicted small area where burning is reasonably necessary and no practical alternative to burning exists.
|$30 for 10 acres
|(iii) Pile Burning
of stacked vegetative residue from an agricultural operation.
|$80 for the first
||$.50 for each
(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.)