1034-S.E AMS EEW S2499.4
ESHB 1034 - S COMM AMD
By Committee on Environment, Energy & Water
Strike everything after the enacting clause and insert the following:
"Sec. 1. 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)) have been 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 in 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, except ((that)):
(i) 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; or
(ii) Within the urban growth area and within the jurisdiction of a (A) local air authority that has adopted rules, or (B) city or county without a local air authority, that after consultation with the department, has adopted an ordinance, allowing outdoor burning in the unincorporated portions of that urban growth area, subject to any conditions in this section. Under this subsection (1)(b)(ii), a local air authority, city, or county may not allow outdoor burning within: Any nonattainment area or maintenance area established under the federal clean air act; the boundaries of any incorporated city or town; or any area having a general population density of one thousand or more persons per square mile, based on the population within each census tract as determined every five years.
(c) Outdoor burning shall not be allowed in any area of the state where it is expressly prohibited by the local air authority with jurisdiction over that area.
(d) 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: (a) Fire hazard abatement burning under a permit issued by a
fire protection agency, county, or conservation district subject to the
limitations in RCW 70.94.780, when there are no reasonable alternatives to
burning, and when the regional deputy state fire marshal has verified the fire
hazard; or (b) 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)) regulated by the department of natural resources
under RCW 70.94.660 through 70.94.670, except for forest lands located in areas
identified in accordance with subsection (1)(a) and (b) of this section."
ESHB 1034 - S COMM AMD
By Committee on Environment, Energy & Water
On page 1, line 1 of the title, after "burning;" strike the remainder of the title and insert "and amending RCW 70.94.743."
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