(1) The permitting authority is ecology or
its delegate or a local air authority with jurisdiction or its delegate. The
permitting authority must establish and administer an agricultural burning
permit system. The minimum responsibilities are described in this
section.
(2) The permitting
authority must act on a complete application (as determined by ecology or a
local air authority with jurisdiction) within seven days of receipt.
(a) Local air authorities are required to use
application templates and permit templates supplied by ecology. Ecology
delegated authorities are required to use applications and permits supplied by
ecology.
(b) A map must accompany
all permit applications.
(i) The map must
accurately depict the topography of the area where the requested burn would
take place and include roads, and landmarks.
(ii) The map must accurately show affected
acreage to be burned.
(iii) The map
must show the position of the field within each section the field occupies,
down to the 1/4 - 1/4 section. All four border lines of each section must be
outlined with the section number, township, and range clearly marked.
(c) The permitting authority must
evaluate the application and approve or deny all or part of it.
(d) The permitting authority must evaluate
the application to determine if the requested burning is within the general or
crop-specific best management practices.
(e) If the application is denied, the reason
must be stated.
(3)
Permitting authorities must issue permits where appropriate on complete
applications. Delegated permitting authorities may issue permits when agreed to
as part of the delegation order.
(4) Permitting authorities must determine
day-to-day burning restrictions near populated areas and arrange for
dissemination of the results. Delegated permitting authorities must arrange for
assisting in dissemination of results.
(5) The permitting authority or its delegate
is responsible for responding to agricultural burning complaints.
(6) The permitting authority must collect the
fee, determine the local administration portion of the fee, and issue refunds.
(a) Permitting authorities must issue a
permit fee refund for permitted acres not burned on confirmation by the
permitting authority. The refund request deadline must be included on the
permits.
(b) Local air authorities
and delegated permitting authorities must formally adopt the local
administration portion of the fee through rule, regulation, ordinance, or
resolution.
(7)
Delegated permitting authorities must provide ecology with copies of all
permits and supporting documentation and transfer the research and smoke
management administration portion of the fee to ecology.
(a) Local air authorities and delegated
permitting authorities must transfer funds twice a year by September 30th and
March 31st.
(b) Local air
authorities and delegated permitting authorities must provide ecology copies of
all permits, applications with supporting documentation, maps, and postburn
reports. All spring (January - June) permits need to be provided by September
30th and all fall (July - December) permits by March 31st.
(c) Ecology must deposit all agricultural
burning permit fees in the air pollution control account. Permitting
authorities may deduct the local administration portion before forwarding the
remainder to ecology.
(8) The permitting authority must coordinate
compliance. Violations are subject to the remedies of chapter 70.94 RCW,
Washington Clean Air Act.
(9) The
permitting authority or its delegate must require a postburn report for all
permits, except for spot burn permits.
(10) The permitting authority or its delegate
must use the web-based database for issuing all agricultural burning permits.
(a) Local air authorities and its delegates
may make arrangements with ecology to enter information into the web-based
database.
(b) Ecology shall provide
training as needed and maintain records for five years documenting each
training.
