PROPOSED RULES
CONTROL AUTHORITY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Amend OAPCA Regulation 1 Article 9 Emission Prohibited.
Purpose: Allow the agency to issue land clearing burning permits and collect a fee for the permit.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.780.
Summary: This proposal will allow the agency to issue land clearing burning permits and collect a fee for the permit.
Reasons Supporting Proposal: Olympic Air Pollution Control Authority (OAPCA) is offering a land clearing permit in those areas of its jurisdiction that do not have a local fire district or other government entity willing to offer such permits.
Name of Agency Personnel Responsible for Drafting: Robert Moody, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, (360) 438-8768; Implementation and Enforcement: Richard Stedman, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, (360) 438-8768.
Name of Proponent: Olympic Air Pollution Control Authority, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Though allowed by statute, Regulation 1 did not allow the dispensing of land clearing burning permits. Historically, the state Department of Natural Resources had handled these permits. Having withdrawn from this program, OAPCA is compelled to offer this service. This change will allow the agency to dispense the permits and to collect a fee to recover the costs of administering the program.
Proposal Changes the Following Existing Rules: The new rule will allow OAPCA to issue land clearing burning permits and collect a fee. OAPCA has not been issuing these permits and did not collect a fee for the service.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the Regulatory Fairness Act (chapter 19.85 RCW) because air pollution control authorities are not deemed state agencies (RCW 70.94.141).
RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503, on December 12, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Craig Weckesser by December 3, 2001, (360) 438-8768 ext. 111.
Submit Written Comments to: Olympic Air Pollution Control Authority, 909 Sleater Kinney Road S.E. #1, Lacey, WA 98503.
Date of Intended Adoption: December 12, 2001.
October 19, 2001
Richard Stedman
Executive Director
AMENDATORY SECTIONSECTION 9.01 OPEN FIRES
It is the policy of the Olympic Air Pollution Control Authority (OAPCA) to achieve and maintain high levels of air quality, and, to this end, minimize to the greatest extent reasonably possible the burning of open fires. Consistent with this policy, the Board does hereby declare that such fires should be allowed only on a limited basis under strict regulation and close control, such program to be implemented by a one permit system. It is the further policy of the Board to encourage the fostering and development of an alternate technology or method of disposing of wastes which is reasonably economical and less harmful to the environment.
(a) It shall be unlawful for any person to cause or allow any open fire:
(1) Containing prohibited materials which include, but are not limited to, garbage, dead animals, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, processed wood, construction debris, metal or any substance which when burned releases toxic emissions, dense smoke or obnoxious odors.
(2) During an air pollution episode or period of Impaired Air Quality as defined in RCW 70.94.
(3) In a no burn/nonattainment area or in any area which has been designated by the Board or Control Officer as an area exceeding or threatening to exceed State or Federal ambient air quality standards.
(i) It shall be unlawful for any person to cause or allow any open fire described in Section 9.01 (b)(2) and (6) in any area where the Board has prohibited burning.
(ii) Fires described in Section 9.01 are prohibited in the following areas:
All areas within the city limits of Lacey, Olympia, and Tumwater, and unincorporated areas of Thurston county lying within or between the municipal boundaries.
(4) In any area in which the applicable fire district, fire protection agency, city, town, county, or conservation district has determined not to issue burning permits or has determined that selected types of open burning fires are prohibited under a valid burning permit program established pursuant to RCW 70.94.745, RCW 70.94.750, RCW 70.94.775, and/or RCW 70.94.780.
(5) Within fifty (50) feet of a structure or within five hundred (500) feet of forest slash debris.
(6) In any area within the jurisdiction of this authority all burning requires a permit as covered in WAC 173-425-070.
(7) Urban growth areas and cities with a population of ten thousand or more will ban open burning when alternatives are available, no later than the end of the year 2000.
(8) If open burning creates a nuisance the fire must be extinguished immediately.
(b) Other than the following types:
(1) Recreational fires no larger than four feet in diameter and three feet in height for campfires at designated federal, state, county or city parks and recreation areas, provided a written permit has been issued by a fire protection agency, county, or conservation district.
(2) Residential fires set for the disposal of yard and garden refuse (except cut grass) originating on lands immediately adjacent and in close proximity to a human dwelling subject however, to the following restrictions:
(i) There shall be one (1) fire only and it shall not exceed four (4) feet in diameter and three (3) feet in height.
(ii) The material may be burned only if it is of a location, nature and condition to burn without emitting dense smoke or offensive odors or creating a nuisance.
(iii) The fire is to consist only of dry leaves and prunings (except grass cuttings which produce dense smoke), and be burned on such lands by the property owner or their designee under strict conditions such as hours, dates, smoke management, etc., provided a written permit has been issued by a fire protection agency, county, or conservation district (thirty (30) days are the maximum allowed).
(iv) There shall be compliance with all laws and regulations of other governmental agencies regarding such fires.
(v) The fire is not contrary to Section 9.01(a).
(3) Where open burning is allowed a minimum permit (general rule burn) is allowed provided that all restrictions (i through viii) are met.
(i) The fire must be attended at all times by someone with the means and capability of extinguishing the fire.
(ii) Maximum pile size is four (4) feet by four (4) feet by three (3) feet in height.
(iii) Only one pile shall be burned at a time, and each pile must be extinguished before igniting another.
(iv) No material containing garbage, asphalt, dead animals, petroleum products, paints, rubber products, plastic, paper (other than what is necessary to start a fire), cardboard, treated wood, processed wood, construction debris, metal or any substance which when burned releases toxic emissions, dense smoke or obnoxious odors.
(v) The designated permitting authority must be called to confirm burning conditions for each day or current information on burning conditions must be obtained from another designated source.
(vi) If the fire creates a nuisance, it must be extinguished.
(vii) Permission from a landowner, or owner's designated representative, must be obtained before starting an open fire.
(viii) General rule burn permits under this section may be
used for the following number of days per year:
| 1992-1994 | 21 days | |
| 1995-1998 | 14 days | |
| 1998-1999 | 7 days | |
| after 2000 | 7 days |
(4) Fire associated with agricultural operations for controlling diseases, insects, weed abatement or development of physiological conditions conducive to increased crop yield, provided written confirmation has been furnished by a designated county extension agent or agricultural specialist designated by the Cooperative Extension Service that burning is the best management practice, a one time application fee of twenty dollars is collected, and prior written approval has been issued by the Control Officer.
(5) Fires for abating a forest fire hazard, to prevent a hazard, for instruction of public officials in methods of forest fire fighting, any silvicultural operation to improve forest lands, and 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 area, parks, and other wildlife areas, provided prior written approval has been issued by the Washington Department of Natural Resources.
(6) Land clearing fires consisting of residue of a natural
character such as trees, stumps, shrubbery or other natural
vegetation arising from land clearing projects, (natural
vegetation can not be transported from this site to be burned at
another location) under strict conditions, such as hours, dates,
smoke management, etc., and provided a written permit has been
issued by ((a fire protection)) an approved permitting agency((,
county, or conservation district)) (thirty (30) days are the
maximum allowed for permit). Land clearing burning permits
issued by OAPCA will be charged a fee in the amount of one
hundred dollars ($100.00).
(7) Cooking fires consisting solely of charcoal, propane, natural gas or wood (provided that wood is not used in a no burn/nonattainment area) and used solely for the preparation of food.
(8) Fires for Native American ceremonies or for the sending of smoke signals if part of a religious ritual, (provided that proof of tribal affiliation is certified and a permit has been issued by the Control Officer in a no burn area).
(c) Any permit issued may be limited by the imposition of conditions to prevent air pollution as defined in Article 1 of this Regulation. If it becomes apparent at any time to the authorized permitting agent that limitations need to be imposed, the authorized permitting agent shall notify the permittee; and any limitations so imposed shall be treated as conditions under which the permit is issued.
(d) Fires started in violation of this Regulation shall be extinguished by the persons responsible for the same upon notice of the authorized permitting agent.
(e) It shall be prima facie evidence that the person who owns or controls property on which an open fire occurs, has caused or allowed said open fire.
(f) Firemen Training: The Control Officer, or a duly authorized agent may allow, by permit, an open fire necessary for firemen training (other than forest fire training) by a legally authorized fire control agency and may authorize the burning of petroleum products by such permit. Conditions of this permit will agree with guidelines established by the Washington Department of Ecology.
(g) Nothing contained in Article 9 shall be construed to allow open fires in those areas in which open burning is prohibited by laws, ordinances, or regulations of the state or any city, county, or fire district.
(h) Nothing contained in Article 9 shall relieve the applicant from obtaining permits required by any state or local fire protection agency or from compliance with Section 11.101 of the Uniform Fire Code.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Olympic Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.