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ENGROSSED SUBSTITUTE HOUSE BILL 1080
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AS AMENDED BY THE SENATE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 02/10/95.
Establishing an
exemption to the outdoor burning permit program for certain nonurban areas.
AN ACT Relating to
exempting certain nonurban areas from outdoor burning permit requirements; and
amending RCW 70.94.745.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.745 and 1991 c
199 s 401 are each amended to read as follows:
(1) It shall be
the responsibility and duty of the department of natural resources, department
of ecology, department of agriculture, fire districts, and local air pollution
control authorities to establish, through regulations, ordinances, or policy, a
limited burning permit program ((for the people of this state,
consisting of a one-permit system, until such time as)).
(2) The permit
program shall apply to residential and land clearing burning in the following
areas:
(a) In the nonurban
areas of any county with an unincorporated population of greater than fifty
thousand; and
(b) In any city and
urban growth area that is not otherwise prohibited from burning pursuant to RCW
70.94.743.
(3) The permit
program shall apply only to land clearing burning in the nonurban areas of any
county with an unincorporated population of less than fifty thousand.
(4) The permit
program may be limited to a general permit by rule, or by verbal, written, or
electronic approval by the permitting entity.
(5) Notwithstanding
any other provision of this section, neither a permit nor the payment of a fee
shall be required for outdoor burning for the purpose of disposal of
tumbleweeds blown by wind. Such burning shall not be conducted during an air
pollution episode or any stage of impaired air quality declared under RCW
70.94.714. This subsection (5) shall only apply within counties with a
population less than 250,000.
(6) Burning shall be
prohibited in an area when an alternate technology or method((s)) of
disposing of the organic refuse ((have been developed that are)) is
available, reasonably economical, and less harmful to the
environment. It is the policy of this state to foster and encourage
development of alternate methods or technology for disposing of or reducing the
amount of organic refuse.
(7) Incidental
agricultural burning must be allowed without applying for any permit and
without the payment of any fee if:
(a) The burning is
incidental to commercial agricultural activities;
(b) The operator
notifies the local fire department within the area where the burning is to be
conducted;
(c) The burning does
not occur during an air pollution episode or any stage of impaired air quality
declared under RCW 70.94.715; and
(d) Only the following
items are burned:
(i) Orchard
prunings;
(ii) Organic debris
along fence lines or irrigation or drainage ditches; or
(iii) Organic debris
blown by wind.
(8) As used in this
section, "nonurban areas" are unincorporated areas within a county
that is not designated as an urban growth area under chapter 36.70A RCW.
(9) Nothing in this
section shall require fire districts to enforce air quality requirements
related to outdoor burning, unless the fire district enters into an agreement
with the department of ecology, department of natural resources, a local air
pollution control authority, or other appropriate entity to provide such
enforcement.
