WSR 06-24-002

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed November 22, 2006, 2:51 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency Regulations, Rules 2.5 and 3.4. Two unrelated actions are occurring with this change. The maximum daily penalty amount is being increased from $10,000.00 to $14,915.00. The second change is to the fee charged for land clearing burn permits. The land clearing burn permit fee will change from $100.00 for each permit to $75.00 per acre cleared.

Hearing Location(s): Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, on January 10, 2007, at 10:00 a.m.

Date of Intended Adoption: January 10, 2007.

Submit Written Comments to: Olympic Region Clean Air Agency, 2940 B Limited Lane N.W., Olympia, WA 98502, e-mail Robert@orcaa.org, fax (360) 491-6308, by January 8, 2007.

Assistance for Persons with Disabilities: Contact Dan Nelson by January 3, 2007, (360) 586-1044.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 1. Though used infrequently, the maximum daily penalty serves as a deterrent to violating clean air regulations. The legislature recognized the need to increase the maximum daily penalty to account for inflation. This change will increase the maximum daily penalty as allowed by RCW 70.94.431.

2. The land clearing burn permit fee is being modified to provide a fee that is more representative of the emissions created by burning debris. The fee will be reduced for applicants burning one acre or less. For each additional acre cleared the fee will be $75.00 per acre.

Reasons Supporting Proposal: The land clearing burn permit fee would drop $25 for approximately half of the applicants. This method is equitable on a cost per acre of clearing. The polluter pays based on the amount of emissions - more clearing means a higher fee.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: Olympic Region Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert Moody, 2940 B Limited Lane N.W., Olympia, WA 98502, (360) 586-1044.

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).

A cost-benefit analysis is not required under RCW 34.05.328. Air pollution control authorities are not deemed to be state agencies (RCW 70.94.141).

November 22, 2006

Richard A. Stedman

Executive Director

AMENDED SECTION

RULE 2.5 REGULATORY ACTIONS AND PENALTIES


The Control Officer may take any of the following regulatory actions to enforce the provisions of chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, which are incorporated by reference.

(a) Civil Penalties

(1) Any person who violates any of the provisions of chapter 70.94 RCW or any of the rules or regulations in force pursuant thereto, may incur a civil penalty in an amount not to exceed (($10,000.00)) $14,915.00 per day for each violation.

(2) Any person who fails to take action as specified by an Order issued pursuant to chapter 70.94 RCW or Regulations of the Olympic Region Clean Air Agency (ORCAA) shall be liable for a civil penalty of not more than (($10,000.00)) $14,915.00 for each day of continued noncompliance.

(3) Within 30 days after receipt of Notice of Civil Penalty, the person incurring the penalty may apply in writing to the Control Officer for the remission or mitigation of the penalty. Any such request must contain the following:

(i) The name, mailing address, and telephone number of the appealing party;

(ii) A copy of the Notice of Civil Penalty appealed from;

(iii) A short and plain statement showing the grounds upon which the appealing party considers such Order to be unjust or unlawful;

(iv) A clear and concise statement of facts upon which the appealing party relies to sustain his or her grounds for appeal;

(v) The relief sought, including the specific nature and extent; and

(vi) A statement that the appealing party has read the notice of appeal and believes the contents to be true followed by the party's signature.

Upon receipt of the application, the Control Officer shall remit or mitigate the penalty only upon a demonstration by the requestor of extraordinary circumstances such as the presence of information or factors not considered in setting the original penalty.

Reviser's note: The typographical error in the above material occurred in the copy filed by the olympic region clean air agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDED SECTION

RULE 3.4 OUTDOOR BURNING PERMIT FEES


Agricultural Burn permit: For 10 acres (or equivalent) or less the fee is twenty-five dollars ($25.00). For greater than 10 acres (or equivalent) the fee will be two dollars and fifty cents ($2.50) per acre.

Land Clearing Burn Permit: Land clearing burning permits issued by ORCAA will be charged ((a fee in the amount of one hundred dollars ($100.00))) $75 for one acre or less. For greater than one acre the fee will be $75 per acre cleared, rounded to the nearest full acre.

Washington State Code Reviser's Office