S-0943.1 _______________________________________________
SENATE BILL 5646
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State of Washington 56th Legislature 1999 Regular Session
By Senators Hale, Loveland, Deccio, T. Sheldon, Honeyford, Haugen, Rasmussen, McCaslin and Snyder
Read first time 02/01/1999. Referred to Committee on Environmental Quality & Water Resources.
AN ACT Relating to outdoor burning; amending RCW 70.94.743; creating a new section; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the quality of the air in the state of Washington is excellent and we must ensure that it remains among the best in the world.
The legislature further finds that limiting outdoor burning is a means of protecting and enhancing air quality.
The legislature further finds that such limitations on outdoor burning must be done in a fiscally prudent manner and in a reasonable time frame in order to allow for an orderly transition to alternative refuse disposal options.
The legislature therefore declares that the goal for the state should be a reduction in outdoor burning, but such burning must be allowed under reasonable conditions until viable alternatives are found and put into place.
Sec. 2. RCW 70.94.743 and 1998 c 68 s 1 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)) 2005, except that
within the urban growth areas for cities having a population of less than five
thousand people, that are neither within nor contiguous with any nonattainment
or maintenance area designated under the federal clean air act, in no event
shall such burning be allowed after December 31, ((2006)) 2011.
(c) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 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(1) 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.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.
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