BILL REQ. #:  H-0019.1 

Read first time 01/16/09.   Referred to Committee on Environmental Health.

     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 2004 c 213 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 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.
     (c) 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.
     (d) Notwithstanding any other provision of this section, outdoor burning of organic debris shall be allowed within urban growth areas as defined by RCW 36.70A.030 on the first and third Saturdays in November, provided that:
     (i) Legislative authorities for counties that designate urban growth areas under RCW 36.70A.110 may choose not to allow outdoor burning of organic debris on the first and third Saturdays in their area of jurisdiction;
     (ii) During an air pollution episode, outdoor burning of organic debris shall not be allowed within urban growth areas that are subject to the episode;
     (iii) If a determination of impaired air quality has been made as provided in RCW 70.94.473, then outdoor burning of organic debris shall not be allowed within the urban growth area subject to such determination. The outdoor burning of organic debris shall not be allowed in these areas for the duration of the impaired air quality;
     (iv) If burning is prohibited on either the first or third Saturdays in November pursuant to (d)(ii) or (iii) of this subsection, then outdoor burning of organic debris shall be allowed on the next Saturday when there is not an air pollution episode or determination of impaired air quality. If burning is prohibited on both the first and third Saturdays in November because of air pollution episodes, then outdoor burning of organic debris shall be allowed on the following two Saturdays when there is not an air pollution episode or determination of impaired air quality.
     (e)(i) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70.94.650 and 70.94.656, is allowed within the urban growth area as defined in (b) of this subsection if the burning is not conducted during air ((quality)) pollution episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area.
     (ii) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
     (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 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.