H-1198.2  _______________________________________________

                          HOUSE BILL 1726

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Robertson, Linville, L. Thomas, Regala, Benson, Kastama, Smith, Hatfield, Koster, Sullivan, McDonald, Chandler, Zellinsky, DeBolt, B. Thomas, Cairnes, Johnson, Cooke, Clements, Kessler and Mulliken

Read first time 02/06/97.  Referred to Committee on Agriculture & Ecology.

Allowing outdoor burning of storm and flood-related debris.

    AN ACT Relating to outdoor burning of storm or flood-related debris; and amending RCW 70.94.743 and 70.94.755.

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.

(c) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing debris.  The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.755.  If outdoor burning is allowed in areas subject to (a) or (b) of this subsection, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit.  All conditions and restrictions pursuant to RCW 70.94.750 and 70.94.775 apply to outdoor burning allowed under this section.

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

    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)) 70.94.743 through 70.94.765.

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