_______________________________________________

                            ENGROSSED SENATE BILL 6409

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Bauer and Barr

Read first time 01/29/92.  Referred to Committee on Agriculture & Water Resources.Revising the restrictions on outdoor burning.

     AN ACT Relating to outdoor burning; and amending RCW 70.94.743.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.94.743 and 1991 c 199 s 402 are each amended to read as follows:

     (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent ((practical)) that will significantly improve air quality:

     (a) Except for subsection (3) of this section, outdoor burning shall not be allowed in any area of the state where federal or state ambient air quality standards ((are exceeded for pollutants emitted by outdoor)) for particulates were violated for more than one day during the preceding twelve months.  A day in which the standards were exceeded due to sources other than outdoor burning shall not be counted as a violation for the purpose of prohibiting burning.

     (b) Outdoor burning shall ((not be allowed)) be limited in location through regulation by the local government in any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ((ten)) twenty thousand people if such cities are threatened to exceed state or federal air quality standards, and where alternative disposal practices consistent with good solid waste management ((are reasonably available)) or practices eliminating production of organic refuse are ((reasonably)) available at reasonable cost.

Prior to the establishment of urban growth areas, outdoor burning may be limited within boundaries established by local air pollution control authorities in areas documented to have violated federal or state ambient air quality standards for particulates for more than one day during the preceding twelve months, if the primary source of the violation is outdoor burning.  ((In no event shall such burning be allowed after December 31, 2000.))

     (2) "Outdoor 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.

     (3) This section shall not apply to:  (a) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas or (b) if a burn permit is issued by a local fire district, the burning of weeds, trees and branches felled by a windstorm that is confirmed by an official weather station, agricultural residue if approved by a local soil conservation district, or diseased or pest-infested plant material.