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ENGROSSED
SUBSTITUTE HOUSE BILL 1080
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 02/10/95.
Establishing an
exemption to the outdoor burning permit program for certain nonurban areas.
AN ACT
Relating to exempting certain nonurban areas from outdoor burning permit
requirements; and amending RCW 70.94.745.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.745 and 1991 c 199 s 401 are each amended to read as follows:
(1)
It shall be the responsibility and duty of the department of natural resources,
department of ecology, department of agriculture, fire districts, and local air
pollution control authorities to establish, through regulations, ordinances, or
policy, a limited burning permit program ((for the people of this
state, consisting of a one-permit system, until such time as)).
(2)
The permit program shall apply to residential and land clearing burning in the
following areas:
(a)
In the nonurban areas of any county with an unincorporated population of
greater than fifty thousand; and
(b)
In any city and urban growth area that is not otherwise prohibited from burning
pursuant to RCW 70.94.743.
(3)
The permit program shall apply only to land clearing burning in the nonurban
areas of any county with an unincorporated population of less than fifty
thousand.
(4)
The permit program may be limited to a general permit by rule, or by verbal,
written, or electronic approval by the permitting entity.
(5)
Notwithstanding any other provision of this section, neither a permit nor the
payment of a fee shall be required for outdoor burning for the purpose of
disposal of tumbleweeds blown by wind. Such burning shall not be conducted
during an air pollution episode or any stage of impaired air quality declared
under RCW 70.94.714. This subsection (5) shall only apply within counties with
a population less than 250,000.
(6)
Burning shall be prohibited in an area when an alternate technology or
method((s)) of disposing of the organic refuse ((have been developed
that are)) is available, reasonably economical, and less
harmful to the environment. It is the policy of this state to foster and
encourage development of alternate methods or technology for disposing of or
reducing the amount of organic refuse.
(7)
Incidental agricultural burning must be allowed without applying for any permit
and without the payment of any fee if:
(a)
The burning is incidental to commercial agricultural activities;
(b)
The operator notifies the local fire department within the area where the
burning is to be conducted;
(c)
The burning does not occur during an air pollution episode or any stage of
impaired air quality declared under RCW 70.94.715; and
(d)
Only the following items are burned:
(i)
Orchard prunings;
(ii)
Organic debris along fence lines or irrigation or drainage ditches; or
(iii)
Organic debris blown by wind.
(8)
As used in this section, "nonurban areas" are unincorporated areas
within a county that is not designated as an urban growth area under chapter
36.70A RCW.
(9)
Nothing in this section shall require fire districts to enforce air quality
requirements related to outdoor burning, unless the fire district enters into
an agreement with the department of ecology, department of natural resources, a
local air pollution control authority, or other appropriate entity to provide
such enforcement.
