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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Craig Kenworthy

Executive Director

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 below:

     (((A) For burning up to 10 acres (or equivalent), the fee is $25.00 ($12.50 for local administration and $12.50 for the research fund);

     (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 10 acres. ($15 each for the Agency and Ecology administration.)	$3 for each additional acre. ($1.25 each per acre for the Agency and Ecology administration, and $.50 per acre for the research fund.)
(ii) Spot Burning of an unforeseen and unpredicted small area where burning is reasonably necessary and no practical alternative to burning exists.	$30 for 10 acres or less. ($15 each for the Agency and Ecology administration.)	None.
(iii) Pile Burning of stacked vegetative residue from an agricultural operation.	$80 for the first 100 tons. ($16 each for the Agency administration and the research fund, and $48 for Ecology administration.)	$.50 for each additional ton. ($.10 each per ton for the Agency administration and the research fund, and $.30 per ton for Ecology administration.)

     (2) Any refunds of the variable fee portion of a permit fee are issued in accordance with chapter 173-430 WAC.

     (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.)

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