BILL REQ. #:  S-1893.6 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to outdoor burning in rural counties; and amending RCW 70.94.743.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.94.743 and 2004 c 213 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.
     (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)(i) 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.
     (ii) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.
     (e)(i) In rural counties with a population density of fewer than one hundred persons per square mile, as determined by the office of financial management, cut brush and timber may be burned within an urban growth area as defined by RCW 36.70A.030 to protect life or property from a fire hazard when a federal, state, or local fire official has determined in writing that the material at the site poses a fire hazard and that properly burning the material is an appropriate method to eliminate the hazard, unless:
     (A) The urban growth area is within an area of the state identified as nonattainment or maintenance for federal ambient air quality standards for pollutants emitted by outdoor burning;
     (B) There is an air quality episode, or a determination of impaired air quality has been made as provided in RCW 70.94.473; or
     (C) The department or local air authorities have identified either alternative disposal methods or facilities, or both that are: Located within a reasonable distance; consistent with good solid-waste management practices and will accept the type and volume of organic refuse; and available at a reasonable cost, including any anticipated labor, material, and equipment costs incurred to handle, pile, chip, haul, or dispose of the material, that is less than or equivalent to the median of all county tipping fees in the state for disposal of municipal solid waste.
     (ii) If the conditions of this subsection (1)(e) are met, the appropriate permitting entity under this chapter shall issue, but may require fire containment and weather-related conditions on, a site specific permit to allow burning consistent with this subsection (1)(e). A local fire district making a fire hazard determination or issuing a site-specific burning permit, or both, may collect a fee, not to exceed thirty-five dollars. Other entities issuing a site-specific burning permit may collect a fee not to exceed five dollars.
     (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.