WSR 15-10-020

PROPOSED RULES

[Filed April 24, 2015, 4:23 p.m.]

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Regulation 3, Rule 3.4 Outdoor Burning Permit Fees and Regulation 6, Rule 6.2.8.

Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on June 10, 2015, at 10:00 a.m.

Date of Intended Adoption: June 10, 2015.

Submit Written Comments to: Robert Moody, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail robert.moody@orcaa.org, fax (360) 539-7610, by June 9, 2015.

Assistance for Persons with Disabilities: Contact Dan Nelson by May 29, 2015, (360) 539-7610.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to require Residential burn permits in Thurston County and provide a mechanism to collect a fee. In the future, the ORCAA board of directors may specify a fee through passage of a Resolution. The ability to revoke a previously issued burn permit for causing a nuisance was added to Rule 6.2.8.

Reasons Supporting Proposal: The Thurston County Residential Burn permit program has been in place for more than a decade. The permit contains the conditions under which one may burn. Requiring the permit insures that everyone has the information needed for a safe and legal fire. If acted on in the future, the fee would allow cost recovery from a program that currently has no source of revenue.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Robert Moody, 2940 Limited Lane N.W., Olympia, (360) 539-7610; Implementation and Enforcement: Fran McNair, 2940 Limited Lane N.W., Olympia, (360) 539-7610.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act, and the agency is not a school district.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

April 24, 2015

Francea L. McNair

Executive Director

(a) The fee for an Agricultural Burn Permit is specified in the Outdoor Burning Fee Schedule. ((The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of ORCAA.))

(b) The fee for a Land Clearing Burn Permit is specified in the Outdoor Burning Fee Schedule. The fees shall be sufficient to cover the direct and indirect cost of the Land Clearing Burn Permit program and shall be determined through a workload-driven process. ((The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of ORCAA.))

ORCAA may consult with fire protection authorities, conservation districts, or counties to determine if any of these agencies are capable and willing to serve as the permitting agency and/or enforcing agency for particular types of burning. Permitting agencies may use, as appropriate, a verbal, electronic, written, or general permit established by rule, for any type of burning that requires a permit.

(a) Permitting agencies may deny an application or revoke a previously issued permit if it is determined that the application contained inaccurate information, ((or)) failed to contain pertinent information((.)) or the permitted activity has caused a nuisance.

(b) Failure to comply with any term or condition of a permit constitutes a violation of this rule and is subject to penalties pursuant to RCW 70.94.430 and RCW 70.94.431.

(c) Types of burning that require a written permit.

(1) Agricultural burning shall abide by Rule 6.2 and all conditions of the written permit issued by ORCAA or another permitting agency.

(2) Fire training fires, except as provided in RCW 52.12.150, may be conducted provided all of the following requirements are met:

(i) Fire training shall not occur during a burn ban.

(ii) The fire must be for training purposes.

(iii) The agency conducting the training fire shall obtain any permits, licenses, or other approvals required by any entity for such training fires. All permits, licenses, and approvals must be kept on-site and available for inspection.

(3) Native American ceremonial fires within the city limits of Olympia, Lacey, and Tumwater and unincorporated areas of Thurston County lying within or between the municipal boundaries.

(4) Land Clearing Burning shall abide by Rule 6.2 and all conditions of the written permit issued by ORCAA or another permitting agency.

(5) Storm and flood debris resulting from a declared emergency by a governmental authority may be burned within two years of the event (storm). Burning shall abide by Rule 6.2 and all conditions of the written permit issued by ORCAA or another permitting agency.

(6) Weed abatement fires.

(d) Where residential burning is allowed and no written burn permits are issued, burning shall abide by Rule 6.2 and the following:

(1) Maximum pile size is four (4) feet in diameter and three (3) feet high.

(2) Only one pile shall be burned at a time, and each pile must be extinguished before lighting another.

(3) Only natural vegetation may be burned.

(4) No fires are to be within fifty (50) feet of structures or within five hundred (500) feet of forest slash.

(5) No tree stumps may be burned.