[atlas:bill]

AN ACT Relating to outdoor burning; and amending RCW 70.94.743 and 70.94.745.

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 unless the department determines that outdoor burning has not contributed, and is not expected to contribute significantly to exceedances of the standards in this area.

(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 that urban growth area, or portions thereof, 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 that urban growth area, or portions thereof, subject to the provisions of this section.

(d) A local air authority or a county may not relax the outdoor burning prohibition 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 and may be less restrictive or more strict than any rule on the same subject issued by the department.

(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 70.94.745 and 1995 c 206 s 1 are each amended to read as follows:

(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.

(2) The permit program shall apply to residential and land clearing burning in the following areas:

(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and

(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743.

(3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.

(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.

(5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW ((~~70.94.714~~)) 70.94.715 . This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.

(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. The department shall define the term "reasonably economical" in a report to the legislature by December 1, 2002. In developing this definition, the department shall consult with local air authorities where they exist, and with the governing bodies of individual counties where no local air authority exists. The term may not be adopted by rule until the legislature has had an opportunity to review the definition. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.

(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:

(a) The burning is incidental to commercial agricultural activities;

(b) The operator notifies the local fire department within the area where the burning is to be conducted;

(c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715; and

(d) Only the following items are burned:

(i) Orchard prunings;

(ii) Organic debris along fence lines or irrigation or drainage ditches; or

(iii) Organic debris blown by wind.

(8) As used in this section, "nonurban areas" are unincorporated areas within a county that is not designated as an urban growth area under chapter 36.70A RCW.

(9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.