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AN ACT Relating to the regulation of certain outdoor fires; and amending RCW 70.94.743, 70.94.745, 70.94.750, 70.94.755, 70.94.775, and 70.94.780.

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((~~: (a)~~)), a permit shall be required for outdoor burning ((~~shall not be allowed~~)) in the following areas:

(a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning((.));

(b) ((~~Outdoor burning shall not be allowed in~~)) Any urban growth area as defined by RCW 36.70A.030((,)); or

(c) Any city of the state having a population greater than ten thousand people ((if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. 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 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.

Sec. 2. RCW 70.94.745 and 1991 c 199 s 401 are each amended to read as follows:

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 program for the people of this state, consisting of a one-permit system((~~, until such time as alternate technology or methods of disposing of the organic refuse have been developed that are reasonably economical and less harmful to the environment~~)) in those areas specified in RCW 70.94.743(1). 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.

Sec. 3. RCW 70.94.750 and 1991 c 199 s 412 are each amended to read as follows:

The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources, and in those areas specified in RCW 70.94.743(1), if a permit has been issued by a fire protection agency, county, or conservation district:

(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.

(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; provided the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.

Sec. 4. RCW 70.94.755 and 1972 ex.s. c 136 s 4 are each amended to read as follows:

(1) Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances or policy, a program implementing the limited burning policy authorized by RCW 70.94.740 through 70.94.765 for those areas specified in RCW 70.94.743(1).

(2) An outdoor fire subject to the program required by this section may not be closer than thirty feet to a structure, but may be required to be located at a distance greater than thirty feet by the permitting agency. If the outdoor fire is contained in an approved burning appliance, the fire may not be closer than fifteen feet to a structure. The pile size may not exceed that specified in the permit, and, if no size limit is specified, the size shall not exceed four feet by four feet by three feet.

Sec. 5. RCW 70.94.775 and 1991 c 199 s 410 are each amended to read as follows:

No person shall cause or allow any outdoor fire:

(1) Containing garbage, dead animals, asphalt, petroleum products, paints, chemically treated lumber, rubber products, plastics, or any substance ((~~other than natural vegetation~~)) that normally emits dense smoke or obnoxious odors. The prohibition in this subsection does not include: (a) Natural products; (b) natural by-products; and (c) paper or cardboard if the paper or cardboard is burned in an approved burning appliance. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;

(2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality condition as defined in RCW 70.94.473.

Sec. 6. RCW 70.94.780 and 1991 c 199 s 411 are each amended to read as follows:

In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. For the purposes of RCW 70.94.743 through 70.94.780, "nuisance" means an emission of smoke from an open fire that unreasonably interferes with the use or enjoyment of the property the smoke is deposited on as determined by an investigating official. No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW 70.94.473 or any stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.

Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of administering and enforcing the permit program.