WSR 97-09-065

PROPOSED RULES

DEPARTMENT OF

NATURAL RESOURCES

[Order 640--Filed April 21, 1997, 3:22 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Specific rules for burning that require a written burning permit.

Purpose: Set fees for permits to burn forest debris and specify other conditions for written burning permits.

Statutory Authority for Adoption: RCW 70.94.660 and 76.04.205.

Statute Being Implemented: RCW 70.94.660 and 76.04.205.

Summary: Amend the fee schedule to increase fees by 4.05 percent as directed under RCW 70.94.660.

Reasons Supporting Proposal: The department is required by RCW 76.04.660 to set fees at a level necessary to support the program. The fee increase will account for inflation in program costs over the last year.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Gray, Olympia, 902-1300.

Name of Proponent: Department of Natural Resources, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The Clean Air Act requires the Department of Natural Resources to take responsibility for issuing and regulating burn permits where the Department of Natural Resources has protection responsibilities. The act also requires the Department of Natural Resources to assess fees for its permits, and that fees be set at a level to recover costs of the program.

Fees will be adjusted by 4.05 percent, amount allowed under RCW 43.135.055. The purpose of the proposed change is to adjust the burning permit fee schedule to a level necessary to cover costs of the smoke management program. Fees will be adjusted by 4.05 percent, the amount allowed under RCW 43.135.055. This will result in a one dollar increase for 90% of permittees, and no more than a fourteen dollar increase for 99% of all burns.

Proposal Changes the Following Existing Rules: The proposal adjusts the fee schedule in WAC 332-24-221 by the amount allowed under RCW 43.135.055.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The fee increase will be seventy-five cents for 90% of all permits issued. The rule does not impose more than minor costs on more than twenty percent of all industries or more than ten percent of one industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Rules that set or adjust fees or rates pursuant to legislative standards are exempt from section 201, chapter 403, laws of 1995.

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on May 29, 1997, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Mark Gray by May 23, 1997, TDD (360) 902-1156.

Submit Written Comments to: Mark Gray, FAX (360) 902-1757, by May 29, 1997.

Date of Intended Adoption: May 30, 1997.

April 18, 1997

Kaleen Cottingham

Supervisor

AMENDATORY SECTION (Amending WSR 96-12-020, filed 5/29/96, effective 7/1/96)

WAC 332-24-221 Specific rules for burning that requires a written burning permit. Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department. In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

(1) Written burning permits will be in effect for one year from the validation date, unless suspended or revoked.

(2) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be twenty-three dollars seventy-five cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows:

Consumable Debris Fee schedule

100 - 500 tons (($115)) $119

501 - 1,000 tons ((350)) 364

1,001 - 1,500 tons ((583)) 606

1,501 - 2,000 tons ((817)) 850

2,001 - 2,500 tons ((1,051)) 1,093

2,501 - 3,000 tons ((1,285)) 1,337

3,001 - 3,500 tons ((1,517)) 1,578

3,501 - 4,000 tons ((1,751)) 1,821

4,001 - 4,500 tons ((1,985)) 2,065

4,501 - 5,000 tons ((2,219)) 2,308

5,001 - 5,500 tons ((2,453)) 2,552

5,501 - 6,000 tons ((2,687)) 2,795

6,001 - 6,500 tons ((2,921)) 3,039

6,501 - 7,000 tons ((3,155)) 3,282

7,001 - 7,500 tons ((3,389)) 3,526

7,501 - 8,000 tons ((3,623)) 3,769

8,001 - 8,500 tons ((3,857)) 4,013

8,501 - 9,000 tons ((4,091)) 4,256

9,001 - 9,500 tons ((4,325)) 4,500

9,501 - 10,000 tons ((4,557)) 4,741

10,001 + tons ((4,791)) 4,985

For purposes of this section, consumable debris is the amount of debris that the department determines will be consumed by the proposed burning.

(3) Written burning permits are not considered valid unless all of the following conditions apply:

(a) The written permit has been signed by the applicant agreeing to follow all requirements of chapter 332-24 WAC, the smoke management plan in effect at the time of the burning, and any additional terms and conditions specified by the department in writing; and

(b) The required permit fee has been secured or paid according to approved department procedures; and

(c) The person doing the burning has the permit in possession while burning and is complying with all terms and conditions of such permit, the smoke management plan in effect at the time of the burning, and all applicable portions of chapter 332-24 WAC.

(4) Permits are written only for the burn site and fuel quantity that is presented at the time of the inspection. Addition of fuel, or changing the burn site after the site inspection has been made, is prohibited unless a new inspection is made and an added permit fee is paid, if required.

[Statutory Authority: RCW 70.94.660 and 76.04.205. 96-12-020, 332-24-221, filed 5/29/96, effective 7/1/96. Statutory Authority: RCW 70.94.660. 95-12-023 (Order 629), 332-24-221, filed 5/31/95, effective 7/1/95; 94-14-063 (Order 619), 332-24-221, filed 7/1/94, effective 8/1/94. Statutory Authority: RCW 76.04.015, 76.04.205 and 70.94.660. 92-14-096 (Order 599), 332-24-221, filed 6/30/92, effective 7/31/92. Statutory Authority: RCW 76.04.015. 87-11-005 (Order 504), 332-24-221, filed 5/8/87.]

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