Effective Date of Rule: February 1, 2012.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 43.135.055 requires legislative approval to raise or add fees. On June 15, 2011, the legislature authorized the department of natural resources (DNR) to increase silvicultural burning fees in 2ESHB 1087.

     Purpose: The Washington State Clean Air Act (RCW 70.94.6534) directs DNR to set burn permit fees by rule at the level necessary to cover the costs of its burning program after receiving recommendations on such fees from the public. Current burn permit fees cover approximately eighteen percent of program costs. Increasing permit fees as authorized by the 2011 Washington state legislature allows DNR to comply to the maximum extent possible with the statutory direction in RCW 70.94.6534.

     Citation of Existing Rules Affected by this Order: Amending WAC 332-24-221.

     Statutory Authority for Adoption: RCW 70.94.6534. The 2011 legislature, in 2ESHB 1087, authorized DNR to increase permit fees by up to $80.00 plus $0.50 per ton of debris to be burned.

      Adopted under notice filed as WSR 11-19-092 on September 20, 2011.

     A final cost-benefit analysis is available by contacting Darrel Johnston, 1111 Washington Street S.E., P.O. Box 47037, Olympia, WA 98504-7037, phone (360) 902-1300, fax (360) 902-1757, e-mail darrel.johnston@dnr.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 1, 2011.

Randy Acker

Deputy Supervisor

OTS-4127.1

AMENDATORY SECTION(Amending WSR 99-12-085, filed 6/1/99, effective 7/2/99)

WAC 332-24-221   Specific rules for burning that requires a written burning permit.   Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department. In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

     (1) ((Written burning permits will be in effect for one year from the validation date, unless suspended or revoked.

     (2))) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be ((twenty-five)) one hundred five dollars fifty cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows:

Consumable Debris				Fee schedule
100	-	500 tons			$((127)) 357
501	-	1,000 tons			((391)) 846
1,001	-	1,500 tons			((651)) 1,356
1,501	-	2,000 tons			((914)) 1,869
2,001	-	2,500 tons			((1,175)) 2,380
2,501	-	3,000 tons			((1,438)) 2,893
3,001	-	3,500 tons			((1,697)) 3,402
3,501	-	4,000 tons			((1,959)) 3,914
4,001	-	4,500 tons			((2,222)) 4,427
4,501	-	5,000 tons			((2,483)) 4,938
5,001	-	5,500 tons			((2,746)) 5,451
5,501	-	6,000 tons			((3,007)) 5,962
6,001	-	6,500 tons			((3,271)) 6,476
6,501	-	7,000 tons			((3,532)) 6,987
7,001	-	7,500 tons			((3,794)) 7,499
7,501	-	8,000 tons			((4,056)) 8,011
8,001	-	8,500 tons			((4,318)) 8,523
8,501	-	9,000 tons			((4,580)) 9,035
9,001	-	9,500 tons			((4,843)) 9,548
9,501	-	10,000 tons			((5,102)) 10,057
10,001	+	tons			((5,365)) 10,395 plus $0.50 per ton for tons over 10,000

For purposes of this section, consumable debris is the amount of debris that the department determines will be consumed by the proposed burning.

     (((3))) (2) Written burning permits are not considered valid unless all of the following conditions apply:

     (a) The written permit has been signed by the applicant agreeing to follow all requirements of chapter 332-24 WAC, the smoke management plan in effect at the time of the burning, and any additional terms and conditions specified by the department in writing; and

     (b) The required permit fee has been secured or paid according to approved department procedures; and

     (c) The person doing the burning has the permit in possession while burning and is complying with all terms and conditions of such permit, the smoke management plan in effect at the time of the burning, and all applicable portions of chapter 332-24 WAC.

     (((4))) (3) Permits are written only for the burn site and fuel quantity ((that is presented at the time of the inspection)) represented to the department on the permit application. Addition of fuel((,)) or changing the burn site, after the ((site inspection has been made)) permit application has been submitted to the department, is prohibited unless a new ((inspection is made)) permit application is submitted and ((an)) any added permit fee is paid, if required.

[Statutory Authority: RCW 70.94.660 and 76.04.205. 99-12-085, § 332-24-221, filed 6/1/99, effective 7/2/99; 98-13-068, § 332-24-221, filed 6/15/98, effective 8/1/98; 97-12-033 (Order 640), § 332-24-221, filed 5/30/97, effective 7/1/97; 96-12-020, § 332-24-221, filed 5/29/96, effective 7/1/96. Statutory Authority: RCW 70.94.660. 95-12-023 (Order 629), § 332-24-221, filed 5/31/95, effective 7/1/95; 94-14-063 (Order 619), § 332-24-221, filed 7/1/94, effective 8/1/94. Statutory Authority: RCW 76.04.015, 76.04.205 and 70.94.660. 92-14-096 (Order 599), § 332-24-221, filed 6/30/92, effective 7/31/92. Statutory Authority: RCW 76.04.015. 87-11-005 (Order 504), § 332-24-221, filed 5/8/87.]

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