Original Notice.

Exempt from preproposal statement of inquiry under 70.94.141(1).

Title of Rule: 1. SCAPCA Regulation I, Article VI, Section 6.01; and 2. SCAPCA Regulation I, Article X, Section 10.13.

Purpose: 1. To ban outdoor burning where nonburning disposal alternatives exist.

     2. Establish fees for outdoor burning as required by WAC 173-425-060(3).

Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), 70.94.755, chapter 173-425 WAC.

Statute Being Implemented: RCW 70.94.755, 70.94.775 - 70.94.780, chapter 173-425 WAC.

Summary: 1. The amended regulations ban outdoor burning in Spokane County, with some exceptions.

     2. The [no further information supplied by agency].

Reasons Supporting Proposal: SCAPCA's Regulation I is being revised to meet the mandates in chapter 173-425 WAC, amended in April 2000.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, 1101 West College, #403, Spokane, WA 99201, (509) 477-4727.

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Spokane County Air Pollution Control Authority (SCAPCA) is proposing amendments to SCAPCA Regulation I, Article VI, Section 6.01 and proposing to add Section 10.13 in response to the amendments made to chapter 173-425 WAC. On November 2, 2000, SCAPCA's board of directors instructed staff to draft a regulation to take to public hearing, that among other things, would ban many types of outdoor burning in Spokane County after April 30, 2001. The ban does not apply to silvicultural burning or agricultural burning.

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

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Outdoor burning would be banned in all of Spokane County after April 30, 2001.

     The ban applies to residential burning, meaning the outdoor burning of dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles originating on the maintained area of residential property (i.e., lands immediately adjacent and in close proximity to a human dwelling) and burned on such lands by the property owner and/or any other responsible person.

     The ban apples to land clearing burning, meaning outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e., project that clear the land surface so it can be developed, used for a different purpose, or left unused).

     There are exceptions to the outdoor burning ban as provided for in Section 6.01.E.1 & 2. Some of the exceptions that are available include: Fire extinguisher training fires, structural fire training fires, social event fires, residential land clearing fires on small portions of property, burning debris from silvicultural-to-agricultural land conversions, fires for improving and maintaining fire dependent ecosystems, Indian ceremonial fires, recreational fires, aircraft rescue training fires, forest fire instruction fires, silvicultural burning, and agricultural burning.

     (2) The regulation is intended to recover the costs of administering and enforcing a permit program for fire fighting instruction fires as required per WAC 173-425-060(3).

Proposal Changes the Following Existing Rules: (1) Under current rules, open burning is prohibited (a) within the No-Burn Area, as defined by resolution, (b) within any part of a nonattainment area that is not within an open burning phase-out area, and (c) after December 31, 2000, within an urban growth area or any incorporated city of [or] town with a population of 10,000 or more.

     (2) There is currently no permit fee for fire fighting instruction fires.

No small business economic impact statement has been prepared under chapter 19.85 RCW. SCAPCA is not required under chapter 19.85 RCW to file small business economic impact statements.

RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room, Lower Level, Spokane, WA 99201, on March 1, 2001, at 9:00 a.m.

Submit Written Comments to: Matt Holmquist, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, fax (509) 477-6828, by February 27, 2001.

Date of Intended Adoption: March 1, 2001.

January 4, 2001

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION

SECTION 6.01 ((OPEN)) OUTDOOR BURNING

     A. Purpose. This Section establishes controls for ((open)) outdoor burning in Spokane County in order to:

     1. Reduce ((open)) outdoor burning to the greatest extent practical, consistent with the ((policy)) laws and regulations of the State of Washington.

     2. Minimize the impact of emissions from ((open)) outdoor burning by burning only when weather and ventilation conditions are favorable.

     3. Define conditions under which ((open)) outdoor burning may be conducted.

     4. Encourage the development and specify the use of ((alternate methods of disposal of combustible waste materials)) reasonable alternatives to outdoor burning.

     5. Geographically limit ((open)) outdoor burning in order to assure continued attainment of the National Ambient Air Quality Standards for carbon monoxide and fine particulate matter (PM10).

     B. Applicability. This Section applies to ((open)) outdoor burning in all areas of Spokane County unless exempted in Section 6.01.E. This Section does not apply to Silvicultural Burning (see Chapter 332-24 WAC) or to Agricultural Burning (see Chapter 173-430).

     C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

     1. Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in ((Chapter)) RCW 70.94.650 ((RCW)) or other authoritative source on agricultural practices.

     2. Authority means the Spokane County Air Pollution Control Authority.

     ((3. Ceremonial Fire means a fire associated with a Native American ceremony or ritual.))

     3. Construction/Demolition Debris means any material manufactured for or resulting from the construction, renovation, or demolition of buildings, roads, and/or other man-made structures.

     4. Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as ((given in Chapter 70.94.715 RCW)) provided in Chapter 173-435 WAC.

     5. Fire Fighting Instruction Fire means a fire for instruction in methods of fire fighting, including, but not limited to, training to fight structural fires, aircraft crash rescue fires, and forest fires.

     6((5)). Impaired Air Quality, for purposes of ((open)) outdoor burning, means a condition declared by the Authority when meteorological conditions are conducive to an accumulation of air contaminants, concurrent with at least one of the following criteria:

     a. Particulates ((which)) that are ten microns or smaller in diameter (PM10) are measured at any location inside Spokane County at or above an ambient level of ((seventy-five)) sixty micrograms per cubic meter of air, measured on a 24-hour average, by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

     b. Carbon monoxide is measured at any location inside Spokane County at or above an ambient level of eight parts of contaminant per million parts of air by volume (ppm), measured on an eight-hour average by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix C, or equivalent.

     c. Particulates that are two and one-half microns or smaller in diameter (PM2.5) are measured at any location inside Spokane County at or above an ambient level of 15 micrograms per cubic meter of air, measured on a 24-hour average, by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent.

     d((c)). Air contaminant levels reach or exceed other limits, established by Ecology pursuant to RCW 70.94.331 ((Chapter 173-425-030 (5)(b) WAC, by resolution of the Board of Directors of the Authority)).

     7. Indian Ceremonial Fire means a fire necessary for Native American ceremonies (i.e., conducted by and for Native Americans) if part of a religious ritual.

     8((6)). Land Clearing Burning means ((removing trees, shrubbery, or other natural vegetation from a plot of land)) outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e., projects that clear the land surface so it can be developed, used for a different purpose, or left unused).

     9. Natural vegetation means unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.

     10((7)). Nonattainment Area means the Spokane County PM10 Nonattainment Area and the Spokane Urban Carbon Monoxide Nonattainment Area as defined in CFR Title 40, Part 81.

     11((8)). Nuisance means an emission of smoke or other emissions from any ((open)) outdoor fire that unreasonably interferes with the use and enjoyment of property or public areas.

     12. Other Outdoor Burning means outdoor burning other than agricultural burning, silvicultural burning, residential burning, land clearing burning, storm or flood debris burning, tumbleweed burning, weed abatement fires, fire fighting instruction fires, rare and endangered plant regeneration fires, Indian ceremonial fires, and recreational fires. It includes, but is not limited to, any outdoor burning necessary to protect public health and safety.

     13((9)). ((Open Burning or)) Outdoor Burning or Open 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 in a manner approved by the Authority. Outdoor burning means all types of outdoor burning except agricultural burning and silvicultural burning.

     14((10)). Permitting Authority means the Spokane County Air Pollution Control Authority (Authority), or one or more of the following entities, whenever the Authority has delegated administration of the permitting program, pursuant to RCW 70.94.654, to one or more of the referenced entities, provided such delegation of authority has not been withdrawn: Spokane County, any fire ((department, any fire district)) protection agency within Spokane County, Department of Natural Resources, or the Spokane County Conservation District. ((, whenever the referenced agency enters into a written agreement with the Authority to administer a permit program pursuant to Chapter 173-425-070 WAC.))

     ((11. Phase-out Area means any geographical area which is outside the No-Burn Area, as defined in Attachment A of Resolution 91-01 of the Authority, and inside the Spokane PM10 Nonattainment Area, as defined in CFR Title 40, Part 81.))

     15((12)). Premises of a Residence means the real property immediately adjacent to the residence which is owned by the same person who owns the residence, and which is not devoted to agricultural or silvicultural use, other than yard and gardening activities connected with the residence.

     16((13)). Prohibited Materials means garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, demolition debris, metal or any substance (other than natural vegetation) ((which when burned)) that releases toxic emissions, dense smoke or obnoxious odors, when burned.

     17((14)). Reasonable Alternative((s means disposal alternatives to open burning that cost less than eight dollars fifty cents per cubic yard (This amount may be adjusted periodically by policy decision of the Department of Ecology), or more costly disposal alternatives which have been deemed reasonable, on a case-by-case basis, by the Authority)) means a method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning, including but not limited to, waste reduction, recycling, energy recovery or incineration, and landfill disposal.

     18((15)). Recreational Fire means a small fire, limited to ((barbecues)) cooking fires and campfires, using charcoal, natural gas, propane, or clean, dry, natural firewood, and which occurs in designated areas on public lands or on private property. Fires used for debris disposal are not considered recreational fires.

     19. Residential Burning means the outdoor burning of dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles originating on the maintained area of residential property (i.e., lands immediately adjacent and in close proximity to a human dwelling) and burned on such lands by the property owner and/or any other responsible person.

     20((16)). Responsible Person means any person who has applied for and received a permit for outdoor burning, or any person allowing, igniting or attending to an ((open)) outdoor fire, or any person who owns or controls property on which an ((open)) outdoor fire occurs.

     ((17. Social Event means a public event or celebration officially sponsored by Spokane County or an incorporated city or town.))

     21((18)). Silvicultural Burning means burning on unimproved land the Department of Natural Resources protects pursuant to ((Chapter)) RCW 70.94.030(20), 70.94.660, and 70.94.690 ((RCW)), and pursuant to Chapter 76.04 RCW.

     22((19)). Small Fire means a fire generated by a pile of combustible material with dimensions no greater than ((four feet by four feet by three feet)) three feet in diameter by two feet in height.

     23. Social Event means a public event or celebration officially sponsored by Spokane County or an incorporated city or town.

     24((20)). Urban Growth Area means an area defined by ((Chapter)) RCW 36.70A.030 ((RCW)).

     ((21. Yard means a maintained area on residential property.))

     ((22. Yard and Garden Debris means dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles generated from a residential yard or garden.))

     D. Prohibitions. Except as provided in Section 6.01.E., no person shall practice or permit the practice of ((open)) outdoor burning in any of the following circumstances and locations:      1. Within ((the)) a No-Burn Area, as defined by resolution of the Board of Directors of the Authority.

     ((2. Within any part of a nonattainment area that is not within an open burning phase-out area)).

     ((3. After November 1, 1994, in any area where no permit program is being administered by a permitting authority.))

     2((4)). ((Within any open burning phase-out area after the final phase-out date as approved by the Department of Ecology.)) After April 30, 2001, within Spokane County.

     3((5)). After December 31, 2000, within any urban growth area having a population of 5,000 or more people, or within any incorporated city or town having a population of 10,000 or more people, or within any urban growth area contiguous with a nonattainment area or former nonattainment area. After April 30, 2001, within any urban growth area.

     ((6. Outside the period designated by the Authority or permitting authority for burning yard and garden debris.))

     4((7)). When the materials to be burned include any prohibited materials.

     5((8)). During an episode as declared by Ecology, ((or)) during ((impaired air quality)) Impaired Air Quality as declared by ((the Department of)) Ecology or the Authority for a defined geographical area or during a fire danger burn ban, as declared by an appropriate fire protection authority for a defined geographic area, unless that fire protection authority grants an exception.

     6((9)). When the fire is larger than a small fire((, unless a valid written permit has been issued by a permitting authority)).

     7((10)). In or within 500 feet of forest slash((, unless a written permit has been issued by the permitting authority)).      8((11)). When burning is for commercial purposes (i.e., when burning is not for residential purposes), other than silvicultural burning((,)) or agricultural burning((, or burning of land clearing debris)).

     9((12)). Where the Authority, Department of Ecology, or permitting authority has determined that reasonable alternatives are available.

     10((13)). When burning causes a nuisance, or when the Authority or permitting authority determines that the creation of a nuisance ((is the)) would likely result ((of)) from burning.

     11. When outdoor burning includes materials, other than charcoal, natural gas, propane, or clean, dry, natural firewood, that have been hauled from another property.

     12. When more than one pile is burned at a time (i.e., each fire must be extinguished before lighting another).

     E. Exceptions. Exceptions to Section 6.01.D shall be made as follows:

     1. Exceptions that Require an Outdoor Burning Permit. The outdoor burning prohibitions in ((Subsections 1 through 7 of)) Section 6.01.D ((shall not apply to the)) may be waived as indicated for the following types of fires if authorized by the Authority and a written permit has been issued by the Authority or permitting authority providing an exception:

     a. When ordered by a duly authorized health officer, diseased animals and other infested material may be burned, as required, to keep the infestation from spreading. Such burning may be exempt from the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     b. When ordered by a fire protection agency of jurisdiction, fires to dispose of materials presenting a danger to life, property, or public welfare may be burned. Such burning may be exempt from the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     c. When authorized by a fire protection agency of jurisdiction, fires necessary for training, including military training, may be burned. Such burning may be exempt from the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     d. Fire extinguisher training, consisting of short-duration fires for instruction on the proper use of hand-held fire extinguishers, may be exempt from the prohibitions in Section 6.01.D.1-4, 8-9 and 11-12. The requirements below must also be met.

     (i) Flammable or combustible materials used during the fire extinguisher training shall be limited to:

     (a) Less than 2 gallons of clean kerosene or diesel fuel oil per training exercise, provided that gasoline or gasoline mixed with diesel or kerosene may be used only by local fire departments, fire marshals, or fire districts;

     (b) As much gaseous fuel (propane or natural gas) as required for the training exercise; or

     (c) Less than 0.5 cubic yards of clean, solid combustible materials per training exercise. Examples of solid combustible materials are seasoned wood, untreated scrap lumber, and unused paper.

     (ii) All training must be conducted by local fire officials or a qualified instructor. Instructor qualifications and a training plan must be available to the Authority upon request;

     (iii) Prior to the training, the person(s) conducting the exercise must notify the local fire department, fire marshal, or fire district and must meet all applicable local ordinances and permitting requirements.

     e. Structural fire training fires authorized by a fire protection agency that are located within urban growth areas may be exempt from Section 6.01.D.1-4, 6-8 and 12.

     f((d)). When ordered by a fire protection agency of jurisdiction, fires to prevent or abate a fire hazard may be burned. Such burning may be exempt from the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     g((e)). Fires set as part of a defined research project may be burned. Such burning may be exempt from the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     h. A social event fire (i.e., a fire that is larger than a small fire that is part of a social event) sponsored by an incorporated city or town, provided the fire is not started an unreasonable length of time before nor continues an unreasonable length of time beyond the event. Such burning may be exempt from the prohibitions in Section 6.01.D.1-3, 6-9 and 11.

     i. When permitted by the Authority or permitting authority, residential land clearing burning consisting of materials cleared from less than 1 acre of forested land on a 5 acre or larger parcel of land in non-commercial ownership may be exempt from Section 6.01.D.1-3, 6 and 12.

     j. When permitted by the Authority or permitting authority, silvicultural-to-agricultural land conversions may be exempt from Section 6.01.D.1-3, 6 and 12.

     k. Storm or flood debris burning and rare and endangered plant regeneration fires, as defined in WAC 173-425-030, may be exempt from Section 6.01.D.1-3, 6 and 11-12.

     l. Fires set for improving and maintaining fire dependent ecosystems, as provided in RCW 70.94.660 may be exempt from Section 6.01.D.1-3, 6 and 12.

     2. Exceptions that do not Require an Outdoor Burning Permit. ((The prohibitions in Subsections 1 through 6 of Section 6.01.D shall not apply to the following types of fires if authorized by the Authority:))

     a. Indian ((C))ceremonial fires are exempt from Section 6.01.D.1-3.

     b. Recreational fires are exempt from Section 6.01.D.1-3, provided the fire is not started an unreasonable length of time before, nor continues an unreasonable length of time beyond, its recreational purpose.

     ((c. Fires set for a social event, provided the fire is not started an unreasonable length of time before nor continues an unreasonable length of time beyond the event.))

     c((d)). Fires set for improving and maintaining fire dependent ecosystems, as provided in ((Chapter)) RCW 70.94.660 ((RCW)) are exempt from Section 6.01.D.2, 6 and 12.

     d((e)). Fires fueled exclusively by flares or torches are exempt from Section 6.01.D.1-4 and 12 provided the flares or torches are not started an unreasonable length of time before nor continue an unreasonable length of time beyond the event for which they are being used.

     e. Aircraft crash rescue training fires authorized by a fire protection agency do not require a permit if performed in accordance with RCW 70.94.650(5) and are exempt from Section 6.01.D.1-4, 6-8 and 11-12.

     f. Forest fire instruction fires authorized by a fire protection agency are exempt from Section 6.01.D.1-4, 6-8 and 12.

     g. Structural fire training fires authorized by a fire protection agency that are located within unincorporated areas and outside urban growth areas do not require a permit if performed in accordance with RCW 52.12.150 and are exempt from Section 6.01.D.1-2, 4, 6-8 and 12.

     ((3. Nothing in Section 6.01, except for Subsection 8 of Section 6.01.D., shall apply to the following types of fires:

     a. Silvicultural burning.

     b. Agricultural burning pursuant to Section 6.11.

     c. Grass field burning pursuant to Section 6.10.

     4. Subsection 6 of Section 6.01.D. shall not apply to fires for which a valid written permit has been issued by a permitting authority.))

     3((5)). Nothing in Section 6.01 shall apply to burning of combustible material in a multiple-chambered unit, such as in a multiple-chambered incinerator, as long as the unit is registered with the Authority pursuant to Article IV or the operator possesses a valid ((Approval)) Notice of Construction approval issued pursuant to Article V, the operator has been trained in the operation of the unit(s), and the unit complies with all applicable regulations.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

     ((F. General Conditions. Considering population density and local conditions affecting air quality, the permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Conditions may include but are not limited to restricting the permissible hours of burning, restricting burning to a defined season, restricting the size of fires, imposing requirements for good combustion practice, and restricting burning to specified weather conditions. Any person who practices or permits the practice of open burning shall, in addition to any specific permit conditions imposed, comply with all of the following conditions:

     1. Whenever an episode or impaired air quality is declared, all small fires shall be immediately extinguished by smothering the fire with water or soil. All other fires shall be extinguished by withholding new fuel and allowing the fire to burn down.

     2. The fire shall be attended by a person who is responsible for and capable of extinguishing the fire. The fire must be extinguished before leaving it.

     3. Burning shall occur during daylight hours only, or a more restrictive period as determined by the permitting authority.

     4. All fires shall be on non-combustible surfaces at an adequate distance but no less than 50 feet from buildings, fences, other combustible materials, and other fires.

     5. If requested by the permitting authority, the responsible person shall provide adequate justification that burning, as requested, is reasonably necessary to successfully carry out the enterprise in which the person is engaged.

     6. Permission from a landowner, or owner's designated representative, must be obtained prior to igniting an open fire.

     7. If it becomes apparent at any time to the Authority or permitting authority that limitations need to be imposed to reduce smoke and prevent air pollution and/or protect property and the health, safety and comfort of persons from the effects of burning, the Authority or permitting authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.

     8. The Authority or permitting authority shall be contacted to confirm burning conditions for each day, prior to igniting an open fire.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

     F. General Conditions. Considering population density and local conditions affecting air quality, the Authority or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum size or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre-burn and post-burn reporting, and other criteria, determined by the permitting authority, as necessary to minimize air pollution. Unless exempt per Section 6.01.E, any person who practices or permits the practice of outdoor burning shall, in addition to any specific permit conditions imposed, comply with any prohibitions, requirements, and general conditions in Section 6.01.D, WAC 173-425-040, WAC 173-425-050, and all of the following conditions:

     1. Curtailments.

     a. No outdoor fire may be ignited in a geographical area where:

     (i) Department of Ecology has declared an episode;

     (ii) Authority has declared impaired air quality; or

     (iii) The appropriate fire protection authority has declared a fire danger burn ban, unless that authority grants an exception.

     b. The responsible person shall contact the Authority or permitting authority each day, prior to igniting an outdoor fire, to determine outdoor burning conditions.

     c. The responsible person for an outdoor fire must extinguish the fire when an episode, impaired air quality, or fire danger burn ban that applies to the burning is declared. All small fires shall be immediately extinguished by smothering the fire with water or soil. All other fires shall be extinguished by methods including, but not limited to, withholding new fuel and allowing the fire to burn down. In this regard:

     (i) Smoke visible from all types of outdoor burning, except land clearing burning, after a time period of three hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn is declared, will constitute prima facie evidence of unlawful outdoor burning.

     (ii) Smoke visible from land clearing burning after a time period of eight hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared, will constitute prima facie evidence of unlawful outdoor burning.

     2. Any person responsible for unlawful outdoor burning must immediately extinguish the fire, except as provided for in Section 6.01.F.1.c.

     3. Outdoor containers used for outdoor burning, other than those used for recreational fires, Indian ceremonial fires, fire extinguisher training and social events, must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than one-half inch.

     4. Until extinguished, the fire shall be attended by a person who is responsible and capable of extinguishing the fire.

     5. All fires must be on non-combustible surfaces, at an adequate distance, but no less than 50 feet from buildings, fences, other combustible materials, and other fires.

     6. Permission from the landowner, or the landowner's designated representative, must be obtained before starting the fire.

     7. Except for recreational fires, Indian ceremonial fires, and social event fires, burning shall occur only during daylight hours, or a more restrictive period as determined by the Authority or the permitting authority.

     8. For outdoor burning that requires a permit, a responsible person attending the fire in accordance with Section 6.01.F.4 shall maintain the permit or a copy of the permit in his or her immediate possession, and make the permit available for review upon request of the Authority or permitting authority.

     9. Structural fire training, provided for in Sections 6.01.E.1.e and 6.01.E.2.g, may be performed by a fire protection agency provided the following requirements are also met:

     (i) The owner and fire protection agency must have met the requirements in SCAPCA Regulation I, Article IX and Section 10.09 prior to training;

     (ii) The fire protection agency conducting the fire training must have a fire-training plan, which will be made available to the Authority upon request, and the purpose of the structural fire must be to train fire fighters; and

     (iii) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile, must not be burned. These materials must be lawfully removed from the structure and disposed of in a lawful manner prior to the training exercise.

REPEALER

     G. Open Burning of Yard and Garden Debris. All of the following shall apply:

     1. Single small fires for the disposal of yard and garden debris generated on the premises of a residence, consisting of four dwelling units or less, may be allowed under a permit program administered by a permitting authority, without a written permit.

     2. Single small fires for the disposal of yard and garden debris generated on the premises of residential property consisting of more than four dwelling units may be allowed under a written permit issued to a responsible person by a permitting authority.

     3. Burning shall be done only during periods specified by the Board of Directors or Control Officer of the Authority. These periods shall not exceed the following limitations:

     a. Burning shall be done between the hours of 9 a.m. and 5 p.m. or a more restrictive period as determined by the permitting authority.

     b. Until December 31, 1995, the number of specified burn days shall not exceed 21 days per year.

     c. After December 31, 1995, the number of specified burn days shall not exceed 14 days per year.

     d. After December 31, 1998, the number of specified burn days shall not exceed 7 days per year.))

     H. Field response.

     1. By November 1, 1994, Spokane County shall identify a fire marshall or other appropriate county official for field response and to document open burning complaints and violations in the unincorporated portions of the following geographical areas, using appropriate field notices.

     a. The Spokane Carbon Monoxide Nonattainment Area

     b. The Spokane PM10 Nonattainment Area

     c. The No-Burn Area, as defined by resolution of the Board of Directors of the Authority.

     d. Any additional No-Burn Area subsequently created by the absence of agreement on a permit program pursuant to Chapter 173-425-070 WAC.

     2. By November 1, 1994, all agencies which have agreed to become permitting authorities shall commence field response programs to document open burning complaints and violations within their respective areas of jurisdiction, using appropriate field notices.))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

     G. Permit Requirements. Written permits, as required in Section 6.01.E.1, are subject to the following requirements:

     1. All applicants for outdoor burning permits must submit their requests to burn, on forms or in a format provided by the permitting authority.

     2. The permitting authority may require additional information from the applicant, as necessary to determine if outdoor burning is reasonably necessary, to determine how best to minimize air pollution, and to determine if any special conditions are applicable.

     3. The permitting authority shall not issue a permit if it determines that the proposed burning will cause or is likely to cause a nuisance.

     4. The permitting authority may deny an application or revoke a previously issued permit if it is determined by the permitting authority that the application contained inaccurate information, or failed to contain pertinent information, which information is deemed by the permitting authority to be significant enough to have a bearing on the permitting authority's decision to grant a permit.

     5. All applicants for outdoor burning permits shall pay a fee at the time of application, according to a schedule of fees, established by resolution of the permitting authority. When the permitting authority is the Spokane County Air Pollution Control Authority, the fee shall be according to the schedule in Regulation I, Article X, Section 10.13.

     6. No permit for outdoor burning shall be granted on the basis of a previous permit history.

     7. Permit timelines. For fires in Section 6.01.E.1.a, b and f-l, all applicants shall file an application in accordance with Section 6.01.G.7.a. For fires in Section 6.01.E.1.c-e, all applicants shall file an application in accordance with Section 6.01.G.7.a and/or b.

     a. 30-day permit.

     (i) Unless otherwise approved by the Authority, all applicants shall submit a completed permit application no less than 10 days prior to the first proposed burn date.

     (ii) One application is required for each type of outdoor burning provided for in Section 6.01.E.1 when the request is for burning at one real property, within a specified 30-day period.

     b. Annual permit.

     (i) Unless otherwise approved by the Authority, all applicants shall submit a completed permit application no less than 30 days prior to the first proposed burn date.

     (ii) One application is required for outdoor burning provided for in Section 6.01.E.1.c-e when the request is for burning at one or more real properties during a 12-month period.

     (iii) A responsible person must notify the Authority prior to each burn on a completed Authority-approved form.

     (iv) For fires in Section 6.01.E.1.c-d, notification must be provided at least 1 working day prior to the fire training exercise. For fires in Section 6.01.E.1.e, notification must be submitted with the Notice of Intent required in Article IX and Section 10.09.

AMENDATORY SECTION

     H((I)). Violations.

     1. The Authority may issue a Notice of Violation to a responsible person when:

     a. Any specific prohibition, requirement, permit condition, or any general ((permit)) condition specified in Section 6.01((.F.)) is violated((; or)).

     ((b. Any prohibition in Section 6.01.D. is violated; or

     c. An open fire is ignited where a permit is required and no such permit has been obtained.))

     2. A fire protection agency called to respond to, control, or extinguish an illegal or out-of-control fire may charge and recover from the responsible person(s), the costs of its response and control action.

     3. Spokane County and all permitting authorities may refer field notices and other documentation to the Authority for appropriate enforcement action. The Authority shall remit one-half of any civil penalty collected, to the referring agency, if the referring agency makes such a request in writing at the time of referral.

     ((4. Smoke visible from open burning after a time period of three hours has elapsed from the time of declaration of an episode or impaired air quality shall constitute prima facie evidence of unlawful open burning.))

     I((J)). The provisions of this Section are severable. If any phrase, sentence, paragraph, or provision is held invalid, the application of such phrase, sentence, paragraph, or provision to other circumstances and the remainder of this Section shall not be affected.

     J((K)). Compliance ((with other laws and regulations)). The responsible person is expected to comply with all applicable laws and regulations. Compliance with Section 6.01 or qualifying for an exception in Section 6.01.E. does not ((necessarily mean)) insure that ((open)) outdoor burning complies with other applicable laws and regulations implemented by any other ((authorities)) authority or entity.

ARTICLE X

NEW SECTION

SECTION 10.13 OUTDOOR BURNING PERMIT FEES

     A. For outdoor burning permit applications, submitted to the Authority pursuant to Section 6.01 of this regulation, a nonrefundable fee shall accompany the application. The fee is as follows:

     1. A $10 fee shall be submitted with each 30-day permit application.

     2. A $25 fee shall be submitted with each annual permit application.

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