S-4497.1 _______________________________________________
SENATE BILL 6610
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senators Haugen, Winsley, Cantu, Rasmussen and Hargrove
Read first time 01/19/96. Referred to Committee on Ecology & Parks.
AN ACT Relating to outdoor burning; and amending RCW 70.94.743, 70.94.750, 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))), 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 burning.
(((b) Outdoor
burning shall not be allowed in any urban growth area as defined by RCW
36.70A.030, or 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 70.94.750 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 if a permit has been issued by a fire protection agency, county, or conservation district:
(1) Fires consisting of household paper products, untreated wood, 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)), or
flood events.
Sec. 3. 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, town, city,
county, or conservation district issuing burning permits shall regulate or
prohibit outdoor burning as necessary to prevent or abate ((the)) a
statutory or common law nuisance((s)) caused by such burning. No
fire protection agency, town, city, 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.
--- END ---