WSR 97-12-033

PERMANENT RULES

DEPARTMENT OF

NATURAL RESOURCES

[Order 640--Filed May 30, 1997, 2:34 p.m., effective July 1, 1997]

Date of Adoption: May 30, 1997.

Purpose: Set fees for burning permits and specify other conditions for written burning permits.

Citation of Existing Rules Affected by this Order: Amending WAC 332-24-221.

Statutory Authority for Adoption: RCW 70.94.660 and 76.04.205.

Adopted under notice filed as WSR 97-09-065 on April 21, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: July 1, 1997.

May 30, 1997

Kaleen Cottingham

Supervisor

AMENDATORY SECTION (Amending WSR 96-12-020, filed 5/29/96, effective 7/1/96)

WAC 332-24-221 Specific rules for burning that requires a written burning permit. Persons not able to meet the requirements of WAC 332-24-205 and 332-24-211 must apply for a written burning permit through the department. In addition to the rules outlined in WAC 332-24-205, the following are additional requirements for written permits:

(1) Written burning permits will be in effect for one year from the validation date, unless suspended or revoked.

(2) Fees for written burning permits will be charged and collected pursuant to chapter 70.94 RCW and shall be twenty-three dollars seventy-five cents for under one hundred tons of consumable debris; and for burns one hundred tons of consumable debris and greater as follows:

Consumable Debris Fee schedule

100 - 500 tons (($115)) $119

501 - 1,000 tons ((350)) 364

1,001 - 1,500 tons ((583)) 606

1,501 - 2,000 tons ((817)) 850

2,001 - 2,500 tons ((1,051)) 1,093

2,501 - 3,000 tons ((1,285)) 1,337

3,001 - 3,500 tons ((1,517)) 1,578

3,501 - 4,000 tons ((1,751)) 1,821

4,001 - 4,500 tons ((1,985)) 2,065

4,501 - 5,000 tons ((2,219)) 2,308

5,001 - 5,500 tons ((2,453)) 2,552

5,501 - 6,000 tons ((2,687)) 2,795

6,001 - 6,500 tons ((2,921)) 3,039

6,501 - 7,000 tons ((3,155)) 3,282

7,001 - 7,500 tons ((3,389)) 3,526

7,501 - 8,000 tons ((3,623)) 3,769

8,001 - 8,500 tons ((3,857)) 4,013

8,501 - 9,000 tons ((4,091)) 4,256

9,001 - 9,500 tons ((4,325)) 4,500

9,501 - 10,000 tons ((4,557)) 4,741

10,001 + tons ((4,791)) 4,985

For purposes of this section, consumable debris is the amount of debris that the department determines will be consumed by the proposed burning.

(3) Written burning permits are not considered valid unless all of the following conditions apply:

(a) The written permit has been signed by the applicant agreeing to follow all requirements of chapter 332-24 WAC, the smoke management plan in effect at the time of the burning, and any additional terms and conditions specified by the department in writing; and

(b) The required permit fee has been secured or paid according to approved department procedures; and

(c) The person doing the burning has the permit in possession while burning and is complying with all terms and conditions of such permit, the smoke management plan in effect at the time of the burning, and all applicable portions of chapter 332-24 WAC.

(4) Permits are written only for the burn site and fuel quantity that is presented at the time of the inspection. Addition of fuel, or changing the burn site after the site inspection has been made, is prohibited unless a new inspection is made and an added permit fee is paid, if required.