AN ACT Relating to outdoor burning; and amending RCW 70.94.743.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 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 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)).

(i) The urban growth area is within the jurisdiction of a local air authority and that local air authority allows outdoor burning in the unincorporated portions of that urban growth area, subject to the conditions of this section; or

(ii) The urban growth area is not within the jurisdiction of a local air authority and the county the urban growth area is within, after consultation with the department, allows outdoor burning in the unincorporated portions of that urban growth area, subject to the provisions of this section.

(d) A local air authority or a county may not allow outdoor burning in an urban growth area within or contiguous with any nonattainment area or maintenance area established under the federal clean air act, within the incorporated portions of an urban growth area, or within any portion of an urban growth area that has a general population density of one thousand or more persons per square mile after the effective date of this section if those portions are contiguous with the incorporated portions of the urban growth area.

(e) 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. If no local air authorities have jurisdiction, then the county with jurisdiction over the area may expressly prohibit outdoor burning after consulting with the department.

(f) Urban growth areas for cities having a population of five

thousand or fewer, that are neither within nor contiguous with any nonattainment area or maintenance area designated under the federal clean air act are not subject to the provisions of this section until December 31, 2006.

(g) 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. Local air authorities may adopt rules regarding the use and kind of containers that may be used for outdoor burning within their jurisdictions. Upon adoption, local rules adopted under this subsection shall supersede any rule on the same subject issued by the department or any fire district and may be less restrictive or more strict than any rule on the same subject issued by the department or any fire district.

(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.