AN ACT Relating to fire
protection district authorities; amending RCW 70.94.650; and adding a new
section to chapter 52.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 52.12 RCW to read as follows:
Without obtaining a
permit issued under RCW 70.94.650, fire protection district fire fighters may
set fire to structures located outside of urban growth areas in counties that
plan under the requirements of RCW 36.70A.040, and outside of any city with a
population of ten thousand or more in all other counties, for instruction in
methods of fire fighting, if all of the following conditions are met:
(1) The fire conforms
with any other permits, licenses, or approvals that are required;
(2) The fire is not
located in an area that is declared to be in an air pollution episode or any
stage of an impaired air quality as defined in RCW 70.94.715 and 70.94.473;
(3) Nuisance laws are
applicable to the fire, including nuisances related to the unreasonable
interference with the enjoyment of life and property and the depositing of
particulate matter or ash on other property;
(4) Notice of the fire
is provided to the owners of property adjoining the property on which the fire
will occur, to other persons who potentially will be impacted by the fire, and
to additional persons in a broader manner as specifically requested by the
local air pollution control agency or the department of ecology;
(5) Each structure that
is proposed to be set on fire must be identified specifically as a structure to
be set on fire. Each other structure on the same parcel of property that is
not proposed to be set on fire must be identified specifically as a structure
not to be set on fire; and
(6) Before setting a
structure on fire, a good-faith inspection is conducted to determine if
materials containing asbestos are present, the inspection is documented in
writing and forwarded to the appropriate local air authority or the department
of ecology if there is no local air authority, and asbestos that is found is
removed as required by state and federal laws.
Sec. 2. RCW 70.94.650 and 1993 c 353
s 1 are each amended to read as follows:
(1) Any person who
proposes to set fires in the course of
(a) weed abatement,
(b) instruction in
methods of fire fighting, except training to fight structural fires as
provided in section 1 of this act and except forest fire training, or
(c) agricultural
activities shall obtain a permit from an air pollution control authority, the
department of ecology, or a local entity delegated permitting authority under
RCW 70.94.654. General permit criteria of state-wide applicability shall be
established by the department, by rule, after consultation with the various air
pollution control authorities. Permits shall be issued under this section
based on seasonal operations or by individual operations, or both. All permits
shall be conditioned to insure that the public interest in air, water, and land
pollution and safety to life and property is fully considered. In addition to
any other requirements established by the department to protect air quality
pursuant to other laws, applicants for permits must show that the setting of
fires as requested is the most reasonable procedure to follow in safeguarding
life or property under all circumstances or is otherwise reasonably necessary
to successfully carry out the enterprise in which the applicant is engaged, or
both. All burning permits will be designed to minimize air pollution insofar
as practical. Nothing in this section shall relieve the applicant from
obtaining permits, licenses, or other approvals required by any other law. An
application for a permit to set fires in the course of agricultural burning for
controlling diseases, insects, weed abatement or development of physiological
conditions conducive to increased crop yield, shall be acted upon within seven
days from the date such application is filed. The department of ecology and local
air authorities shall provide convenient methods for issuance and oversight of
agricultural burning permits. The department and local air authorities shall,
through agreement, work with counties and cities to provide convenient methods
for granting permission for agricultural burning, including telephone,
facsimile transmission, issuance from local city or county offices, or other
methods.
(2) Permit fees shall
be assessed for burning under this section and shall be collected by the
department of ecology, the appropriate local air authority, or a local entity
delegated permitting authority pursuant to RCW 70.94.654 at the time the permit
is issued. All fees collected shall be deposited in the air pollution control
account created in RCW 70.94.015, except for that portion of the fee necessary
to cover local costs of administering a permit issued under this section. Fees
shall be set by rule by the permitting agency at the level determined by the
task force created by subsection (4) of this section, but shall not exceed two
dollars and fifty cents per acre to be burned. After fees are established by
rule, any increases in such fees shall be limited to annual inflation
adjustments as determined by the state office of the economic and revenue
forecast council.
(3) Conservation
districts and the Washington State University agricultural extension program in
conjunction with the department shall develop public education material for the
agricultural community identifying the health and environmental effects of agricultural
outdoor burning and providing technical assistance in alternatives to
agricultural outdoor burning.
(4) An
agricultural burning practices and research task force shall be established
under the direction of the department. The task force shall be composed of a
representative from the department who shall serve as chair; one representative
of eastern Washington local air authorities; three representatives of the
agricultural community from different agricultural pursuits; one representative
of the department of agriculture; two representatives from universities or
colleges knowledgeable in agricultural issues; one representative of the public
health or medical community; and one representative of the conservation
districts. The task force shall identify best management practices for
reducing air contaminant emissions from agricultural activities and provide
such information to the department and local air authorities. The task force
shall determine the level of fees to be assessed by the permitting agency
pursuant to subsection (2) of this section, based upon the level necessary to
cover the costs of administering and enforcing the permit programs, to provide
funds for research into alternative methods to reduce emissions from such
burning, and to the extent possible be consistent with fees charged for such
burning permits in neighboring states. The fee level shall provide, to the
extent possible, for lesser fees for permittees who use best management
practices to minimize air contaminant emissions. The task force shall identify
research needs related to minimizing emissions from agricultural burning and
alternatives to such burning. Further, the task force shall make
recommendations to the department on priorities for spending funds provided through
this chapter for research into alternative methods to reduce emissions from
agricultural burning.
