AN
ACT Relating to fire training activities; and reenacting and amending RCW
70.94.650.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.650 and 1995 c 362 s 1 and 1995 c 58 s 1 are each reenacted and amended
to read as follows:
(1)
Any person who proposes to set fires in the course of:
(a)
Weed abatement;
(b)
Instruction in methods of fire fighting, except training to fight structural
fires as provided in RCW 52.12.150 or training to fight aircraft crash rescue
fires as provided in subsection (5) of this section, and except forest fire
training; or
(c)
Agricultural activities,
shall
obtain a permit from an air pollution control authority, the department of
ecology, or a local entity delegated permitting authority under RCW 70.94.654.
General permit criteria of state-wide applicability shall be established by the
department, by rule, after consultation with the various air pollution control
authorities. Permits shall be issued under this section based on seasonal
operations or by individual operations, or both. All permits shall be
conditioned to insure that the public interest in air, water, and land
pollution and safety to life and property is fully considered. In addition to
any other requirements established by the department to protect air quality
pursuant to other laws, applicants for permits must show that the setting of
fires as requested is the most reasonable procedure to follow in safeguarding
life or property under all circumstances or is otherwise reasonably necessary
to successfully carry out the enterprise in which the applicant is engaged, or
both. All burning permits will be designed to minimize air pollution insofar
as practical. Nothing in this section shall relieve the applicant from
obtaining permits, licenses, or other approvals required by any other law. An
application for a permit to set fires in the course of agricultural burning for
controlling diseases, insects, weed abatement or development of physiological
conditions conducive to increased crop yield, shall be acted upon within seven
days from the date such application is filed. The department of ecology and
local air authorities shall provide convenient methods for issuance and
oversight of agricultural burning permits. The department and local air
authorities shall, through agreement, work with counties and cities to provide
convenient methods for granting permission for agricultural burning, including
telephone, facsimile transmission, issuance from local city or county offices,
or other methods. A local air authority administering the permit program under
this subsection (1)(c) shall not limit the number of days of allowable
agricultural burning, but may consider the time of year, meteorological
conditions, and other criteria specified in rules adopted by the department to
implement this subsection (1)(c).
(2)
Permit fees shall be assessed for burning under this section and shall be
collected by the department of ecology, the appropriate local air authority, or
a local entity delegated permitting authority pursuant to RCW 70.94.654 at the
time the permit is issued. All fees collected shall be deposited in the air
pollution control account created in RCW 70.94.015, except for that portion of
the fee necessary to cover local costs of administering a permit issued under
this section. Fees shall be set by rule by the permitting agency at the level
determined by the task force created by subsection (4) of this section, but
shall not exceed two dollars and fifty cents per acre to be burned. After fees
are established by rule, any increases in such fees shall be limited to annual
inflation adjustments as determined by the state office of the economic and
revenue forecast council.
(3)
Conservation districts and the Washington State University agricultural
extension program in conjunction with the department shall develop public
education material for the agricultural community identifying the health and
environmental effects of agricultural outdoor burning and providing technical
assistance in alternatives to agricultural outdoor burning.
(4)
An agricultural burning practices and research task force shall be established under
the direction of the department. The task force shall be composed of a
representative from the department who shall serve as chair; one representative
of eastern Washington local air authorities; three representatives of the
agricultural community from different agricultural pursuits; one representative
of the department of agriculture; two representatives from universities or
colleges knowledgeable in agricultural issues; one representative of the public
health or medical community; and one representative of the conservation
districts. The task force shall identify best management practices for
reducing air contaminant emissions from agricultural activities and provide
such information to the department and local air authorities. The task force shall
determine the level of fees to be assessed by the permitting agency pursuant to
subsection (2) of this section, based upon the level necessary to cover the
costs of administering and enforcing the permit programs, to provide funds for
research into alternative methods to reduce emissions from such burning, and to
the extent possible be consistent with fees charged for such burning permits in
neighboring states. The fee level shall provide, to the extent possible, for
lesser fees for permittees who use best management practices to minimize air
contaminant emissions. The task force shall identify research needs related to
minimizing emissions from agricultural burning and alternatives to such
burning. Further, the task force shall make recommendations to the department
on priorities for spending funds provided through this chapter for research
into alternative methods to reduce emissions from agricultural burning.
(5)
A permit is not required under this section, or under RCW 70.94.743 through
70.94.780, from an air pollution control authority, the department, or any
local entity with delegated permit authority, for aircraft crash rescue fire
training activities meeting the following conditions:
(a)
Fire fighters participating in the training fires must be limited to those who
provide fire fighting support to an airport that is either certified by the
federal aviation administration or operated in support of military or
governmental activities;
(b)
The fire training may not be conducted during an air pollution episode or any
stage of impaired air quality declared under RCW 70.94.715 for the area where
training is to be conducted;
(c)
The number of training fires allowed per year without a permit shall be the
minimum number necessary to meet federal aviation administration or other
federal safety requirements; ((and))
(d)
The facility shall use current technology and be operated in a manner that
will minimize, to the extent possible, the air contaminants generated during
operation; and
(e)
Prior to the commencement of the aircraft fire training, the organization
conducting training shall notify both the: (i) Local fire district or fire
department; and (ii) air pollution control authority, department of ecology, or
local entity delegated permitting authority under RCW 70.94.654, having
jurisdiction within the area where training is to be conducted.
Written
approval from the department or a local air pollution control authority shall
be obtained prior to the initial operation of aircraft crash rescue fire training.
Such approval will be granted to fire training activities meeting the
conditions in this subsection.
(6)
Aircraft crash rescue fire training activities conducted in compliance with
this subsection are not subject to the prohibition, in RCW 70.94.775(1), of
outdoor fires containing petroleum products and are not considered outdoor
burning under RCW 70.94.743 through 70.94.780.
(((6)
Subsection (5) of this section shall expire on the earlier of the following
dates: (a) July 1, 1998; or (b) the date upon which the North Bend fire
training center is fully operational for aircraft crash rescue fire training
activities.))
(7)
To provide for fire fighting instruction in instances not governed by
subsection (6) of this section, or other actions to protect public health and
safety, the department or a local air pollution control authority may issue
permits that allow limited burning of prohibited materials listed in RCW
70.94.775(1).
