H‑0520.1 _____________________________________________
HOUSE BILL 1034
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Pennington, Mielke and Schindler
Read first time 01/11/2001. Referred to Committee on Agriculture & Ecology.
_1 AN ACT Relating to outdoor burning; and amending RCW 70.94.743
_2 and 70.94.745.
_3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_4 Sec. 1. RCW 70.94.743 and 1998 c 68 s 1 are each amended to read
_5 as follows:
_6 (1) Consistent with the policy of the state to reduce outdoor
_7 burning to the greatest extent practical:
_8 (a) Outdoor burning shall not be allowed in any area of the
_9 state where federal or state ambient air quality standards are
10 exceeded for pollutants emitted by outdoor burning.
11 (b) Outdoor burning shall not be allowed in any urban growth
12 area as defined by RCW 36.70A.030, or any city of the state having
13 a population greater than ten thousand people if such cities are
14 threatened to exceed state or federal air quality standards, and
15 alternative disposal practices consistent with good solid waste
16 management are reasonably available or practices eliminating
17 production of organic refuse are reasonably available. ((In
no
18 event shall such burning be allowed after December 31,
2000,
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_1 except that within the urban growth areas for cities
having a
_2 population of less than five thousand people, that
are neither
_3 within nor contiguous with any nonattainment or
maintenance area
_4 designated under the federal clean air act, in no
event shall such
_5 burning be allowed after December 31, 2006.))
_6 (c) Notwithstanding any other provision of this section,
_7 outdoor burning may be allowed for the exclusive purpose of
_8 managing storm or flood-related debris. The decision to allow
_9 burning shall be made by the entity with permitting jurisdiction
10 as determined under RCW 70.94.660 or 70.94.755. If outdoor burning
11 is allowed in areas subject to (a) or (b) of this subsection, a
12 permit shall be required, and a fee may be collected to cover the
13 expenses of administering and enforcing the permit. All conditions
14 and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 apply
15 to outdoor burning allowed under this section.
16 (2) "Outdoor burning" means the combustion of material of any
17 type in an open fire or in an outdoor container without providing
18 for the control of combustion or the control of emissions from the
19 combustion. Local air authorities shall adopt rules regarding the
20 use and kind of outdoor containers that may be used within their
21 jurisdictions.
22 (3) This section shall not apply to silvicultural burning used
23 to improve or maintain fire dependent ecosystems for rare plants
24 or animals within state, federal, and private natural area
25 preserves, natural resource conservation areas, parks, and other
26 wildlife areas.
27 Sec. 2. RCW 70.94.745 and 1995 c 206 s 1 are each amended to read
28 as follows:
29 (1) It shall be the responsibility and duty of the department
30 of natural resources, department of ecology, department of
31 agriculture, fire districts, and local air pollution control
32 authorities to establish, through regulations, ordinances, or
33 policy, a limited burning permit program.
34 (2) The permit program shall apply to residential and land
35 clearing burning in the following areas:
36 (a) In the nonurban areas of any county with an unincorporated
37 population of greater than fifty thousand; and
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_1 (b) In any city and urban growth area that is not otherwise
_2 prohibited from burning pursuant to RCW 70.94.743.
_3 (3) The permit program shall apply only to land clearing
_4 burning in the nonurban areas of any county with an unincorporated
_5 population of less than fifty thousand.
_6 (4) The permit program may be limited to a general permit by
_7 rule, or by verbal, written, or electronic approval by the
_8 permitting entity.
_9 (5) Notwithstanding any other provision of this section,
10 neither a permit nor the payment of a fee shall be required for
11 outdoor burning for the purpose of disposal of tumbleweeds blown
12 by wind. Such burning shall not be conducted during an air
13 pollution episode or any stage of impaired air quality declared
14 under RCW ((70.94.714)) 70.94.715. This
subsection (5) shall only
15 apply within counties with a population less than two hundred
16 fifty thousand.
17 (6) Burning shall be prohibited in an area when an alternate
18 technology or method of disposing of the organic refuse is
19 available, reasonably economical, and less harmful to the
20 environment. The department shall define the term "reasonably
21 economical" in a report to the legislature by December 1, 2002. In
22 developing this definition, the department shall consult with
23 local air authorities where they exist, and with the governing
24 bodies of individual counties where no local air authority
25 exists. The term may not be adopted by rule until the legislature
26 has had an opportunity to review the definition. It is the policy
27 of this state to foster and encourage development of alternate
28 methods or technology for disposing of or reducing the amount of
29 organic refuse.
30 (7) Incidental agricultural burning must be allowed without
31 applying for any permit and without the payment of any fee if:
32 (a) The burning is incidental to commercial agricultural
33 activities;
34 (b) The operator notifies the local fire department within the
35 area where the burning is to be conducted;
36 (c) The burning does not occur during an air pollution episode
37 or any stage of impaired air quality declared under RCW 70.94.715;
38 and
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_1 (d) Only the following items are burned:
_2 (i) Orchard prunings;
_3 (ii) Organic debris along fence lines or irrigation or drainage
_4 ditches; or
_5 (iii) Organic debris blown by wind.
_6 (8) As used in this section, "nonurban areas" are
_7 unincorporated areas within a county that is not designated as an
_8 urban growth area under chapter 36.70A RCW.
_9 (9) Nothing in this section shall require fire districts to
10 enforce air quality requirements related to outdoor burning,
11 unless the fire district enters into an agreement with the
12 department of ecology, department of natural resources, a local
13 air pollution control authority, or other appropriate entity to
14 provide such enforcement.
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