BILL REQ. #:  S-4294.2 

READ FIRST TIME 01/30/04.   

     AN ACT Relating to the prevention of horticultural pests and diseases; and amending RCW 70.94.745.

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

Sec. 1   RCW 70.94.745 and 1995 c 206 s 1 are each amended to read as follows:
     (1) It ((shall be)) is 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)) applies 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)) applies 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)) is required for outdoor burning for the purpose of disposal of: (a) Tumbleweeds blown by wind; or (b) cultivated orchard tree tear-outs, whether or not other agricultural crops or trees will be replanted on the land, if the appropriate county legislative authority has determined in writing that the disposal will help prevent or control the spread of horticultural pests or diseases. 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)) applies within counties with a population less than two hundred fifty thousand.
     (6) Burning ((shall be)) is 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. 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)) requires 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.