BILL REQ. #: H-3320.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/14/2004. Referred to Committee on Fisheries, Ecology & Parks.
AN ACT Relating to allowing outdoor burning in areas that were formally given a nonattainment designation by the federal government because of air quality; and amending RCW 70.94.743.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.94.743 and 2001 1st sp.s. c 12 s 1 are each amended
to read as follows:
(1) Consistent with the policy of the state to reduce outdoor
burning to the greatest extent practical:
(a) Outdoor burning shall not be allowed in any area ((of the state
where federal or state ambient air quality standards are exceeded for
pollutants emitted by outdoor burning)) that is actively deemed a
nonattainment area by the state or federal government.
(b) Outdoor burning shall not be allowed in any urban growth area
as defined by RCW 36.70A.030, or any city of the state having a
population greater than ten thousand people if such cities are
threatened to exceed state or federal air quality standards, and
alternative disposal practices consistent with good solid waste
management are reasonably available or practices eliminating production
of organic refuse are reasonably available. In no event shall such
burning be allowed after December 31, 2000, except that within the
urban growth areas for cities having a population of less than five
thousand people, that are neither within nor contiguous with any
nonattainment or maintenance area designated under the federal clean
air act, in no event shall such burning be allowed after December 31,
2006.
(c) Notwithstanding any other provision of this section, outdoor
burning may be allowed for the exclusive purpose of managing storm or
flood-related debris. The decision to allow burning shall be made by
the entity with permitting jurisdiction as determined under RCW
70.94.660 or 70.94.755. If outdoor burning is allowed in areas subject
to (a) or (b) of this subsection, a permit shall be required, and a fee
may be collected to cover the expenses of administering and enforcing
the permit. All conditions and restrictions pursuant to RCW
70.94.750(1) and 70.94.775 apply to outdoor burning allowed under this
section.
(d) Outdoor burning that is normal, necessary, and customary to
ongoing agricultural activities, that is consistent with agricultural
burning authorized under RCW 70.94.650 and 70.94.656, is allowed within
the urban growth area as defined in (b) of this subsection if the
burning is not conducted during air quality episodes, or where a
determination of impaired air quality has been made as provided in RCW
70.94.473, and the agricultural activities preceded the designation as
an urban growth area.
(2) "Outdoor 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.
(3) This section shall not apply to 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 areas, parks, and other wildlife areas.