WSR 99-03-046

PERMANENT RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed January 15, 1999, 9:34 a.m.]

Date of Adoption: January 7, 1999.

Purpose: Adopt Resolution 98-16 amending the no burn area in Spokane County.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 98-21-054 on October 19, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Thirty-one days after filing.

January 13, 1999

Mabel Caine

Compliance Administrator

WHEREAS, pursuant to the provisions of the Washington Clean Air Act, RCW 70.94, the Spokane County Air Pollution Control Authority (SCAPCA) was created as a municipal corporation of the State of Washington; and

WHEREAS, pursuant to the provisions of RCW 70.94, SCAPCA has the responsibility for implementing a limited burning program; and

WHEREAS, pursuant to the provisions of RCW 70.94.743, 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, and in urban growth areas as defined by RCW 36.70A.030; and

WHEREAS, on the 3rd day of December, 1998, the SCAPCA held a public hearing to consider altering the boundary of the "No-Burn Area"; and

WHEREAS, alternatives are available for handling and disposing of residential yard and garden debris; and

WHEREAS, the Board of Directors considered all verbal testimony submitted at the public hearing held on December 3, 1998, and written testimony submitted prior to December 3, 1998; and continued the hearing to January 7, 1999 for decision, only. The Board of Directors determined that the proposal, as modified, was reasonable;

NOW, THEREFORE, BE IT RESOLVED by the SCAPCA that the "No-Burn Area" be defined as described in Attachment A.

DATED THIS 7th day of January, 1999.

Attest:

Mabel Caine for

Eric Skelton, Director

ATTACHMENT A

SPOKANE COUNTY NO-BURN BOUNDARY

Beginning at a point on the E R/W of Hayford Road and the S R/W of State Road 2 which is located in S30 T25N R42E the No-Burn Area boundary proceeds northerly along the W section line of S19 T25N R42E to the N section line of S19 T25N R42E.

Thence E along the N section line of S19, 20, 21 T25N R42E and proceed E along Greenwood Road to the intersection of Greenwood Road and Grove Road.

Thence S ~1/4 mile on Grove Road to the intersection of Grove Road and Greenwood Road.

Thence easterly on Greenwood Road to the intersection of Greenwood Road and Rimrock Road.

Thence northerly on Rimrock Road to Houston Road.

Thence along the S R/W of Houston Road to the intersection of Houston Road and Government Way.

Thence easterly along the Spokane City Limits to the E section line of S10 T25N R42E.

Thence N along the E section line of S10 T25N R42E the E bank of the Spokane River.

Thence in a generally northwesterly direction along the E bank of the Spokane River to the S section line of S6 T26N R 42E.

Thence in an easterly direction along the S and E R/W of Rutter Parkway and the E R/W of Waikiki Road to the S corner of S1 T26N R 42E.

Thence E and N along the southerly and easterly boundaries of S1 T26N R 42E to its NE corner.

Thence E along the S section line of S31 T27N R43E to the W R/W of State Highway 395.

Thence northerly along the W R/W of State Road 395 to the half section line of S19 T27N R43E.

Thence E along the half section line of S19, 20, 21 and 22 to the W R/W of State Road 2.

Thence S along the W R/W of State Road 2 to the S section line of S27 T27N 43E, Day-Mt. Spokane Road.

Thence E along the S R/W of Day-Mt Spokane Road to the W R/W of Bruce Road.

Thence S along the W R/W of Bruce Road to the S R/W of Mt. Spokane Park Drive.

Thence W along the S R/W of Mt. Spokane Park Drive and the S section line of S36 to the half section line of S35 T27N R43E.

Thence south along the half section line of S2 and 11 T26N R43E to the south R/W of Stoneman Road.

Thence westerly along the S R/W of Stoneman Road to the W R/W of Fairview Road.

Thence southerly and southwesterly along the W R/W of Fairview Road to the N R/W of Regal Road.

Thence easterly and southerly along the N and E R/W of Regal Street and Freya Street to the NE R/W of the Power Transmission lines.

Thence S and E along the NE R/W of the Power Transmission line to the half section line of S26 T26N R43E.

Thence S along the half section line of S26 T26N R43E to the S section line of S26 T26N R43E.

Thence E along the S section line of S26 and 25 T26N R43E, S30, 29, 28, 27 and 26 T26N R44E.

Thence S along the W section line of S36 T26N R43E to the E/W half section line of S36 T26 R44E.

Thence E to the E section line of S36 T26N R44E.

Thence S along the E section line of S36 T26N R44E to Flora Road.

Thence S along the W R/W of Flora Road to the N R/W of State Road 290.

Thence easterly along the N R/W of State Road 290 to the Washington/Idaho state line and proceed S along the Washington/Idaho state line to the S bank of the Spokane River.

Thence generally SW along the S bank of the Spokane River to the E section line of S2 T25N R45E.

Thence S along the E section line of S2, 11, 14 T25N R45E.

Thence W along the S section line of S14 T25N R45E to Lakeside Road.

Thence S along Lakeside Road and Idaho Road to the quarterly section line in the SE quarter, S25 T25N R45E.

Thence approximately 2 1/4 miles in a westerly direction to the half section line of S27 T25N R45E.

Thence northerly along the half section line of S27 and S22 of T25N R45E to the half section line of S22 T25N R45E.

Thence westerly along the half section line of S22, 21 T25N R45E to the intersection of 8th Avenue and Henry Road.

Thence S along Henry Road 1/4 mile to the quarter section line.

Thence W along the quarter section line of S20 T25N R45E to Barker Road.

Thence S along the E R/W of Barker Road to the S R/W of 32nd Avenue.

Thence westerly along the southern R/W of 32nd to Chapman Road and proceed S along the E R/W of Chapman Road to the E/W half section line of S1 T24N R44E.

Thence W along the half section line of S1, 2 and 3 T24N R44E to State Road 27.

Thence S along Highway 27 to the S boundary of S3 T24N R44E.

Thence W along the S boundary of S3, 4, 5 T24N R44E.

Thence N along the W section line of S5 T24N R44E to the NW corner of S5 T24N R44E.

Thence W along the S section line of S31 T25N R44E, S36 and 35 T25N R43E to the E R/W of Glenrose Road.

Thence S and W along the E and S R/W of Glenrose Road to the half section line of S2 T24N R43E.

Thence southerly along the half section line of S2 T24N R43E to the S line of that section.

Thence westerly along the S line of S2 T24N R43E to the W line of S2 T24N R43E.

Thence southerly along the E line of S10 T24N R43E to the half section line of that section.

Thence westerly along the half section line of S10, 9, 8, and 7 to the E R/W of Cedar Road.

Thence N along the E R/W of Cedar Road a distance of approximately 0.3 miles to the Spokane City Limits.

Thence W along the Spokane City Limits for a distance of approximately 0.35 miles.

Thence N continuing along the Spokane City Limits to the S section line of S1 T24N R42E.

Thence W along the S section line of S1, 2, 3, 4 T24N R42E to the intersection of Spotted Road and Hallet Road.

Thence S on Spotted Road to Melville Road and continuing westerly on Melville Road to Hayford Road.

Thence N on Hayford Road to the S section line of S12 T24N R41E.

Thence W along the S section line of S12 T24N R41E to the W section line of S12 T24N R41E.

Thence N along the W section line of S12, 1 T24N R41E.

Thence E along the N section line of S1 T24N R41E to the W section line of S36 T25N R41E.

Thence N along the W section line of S36 T25N R41E to McFarlane Road.

Thence E along McFarlane Road to Hayford Road.

Thence N along Hayford Road to the S R/W of State Road 2, which is also the point of beginning.

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