(1) The
permitting authority is ecology or its delegate or a local air authority with
jurisdiction or its delegate. The permitting authority is responsible for
administering the agricultural burning permit program. The agricultural burning
permit program may be delegated to conservation districts, counties, or fire
protection agencies.
(2) When
ecology or a local air authority with jurisdiction finds that a county, fire
protection agency or conservation district is capable of administering the
permit program and desires to do so, it may delegate by administrative order
the administration, or enforcement authority of the program, or both. The
delegated permitting authority must, at a minimum, meet all of the following
criteria:
(a) Demonstrating that the
responsibilities listed under permitting authority responsibilities section can
be fulfilled;
(b) Employing,
contracting with, or otherwise accessing someone educated and trained in
agronomics;
(c) Providing a copy of
the ordinance adopting the local administration portion of the fee;
(d) Providing a copy of agreements between
counties, fire districts, and conservation districts when more than one agency
will have responsibilities for the agricultural burning program; and
(e) Agreeing to periodic audits and
performance reviews.
(3)
Delegation may be withdrawn if ecology or the local air authority with
jurisdiction finds that the agricultural burning program is not effectively
being administered or enforced. Before withdrawing delegation, the delegated
agency must be given a written statement of the deficiencies in the program and
a compliance schedule to correct program deficiencies. If the delegated agency
fails to correct the deficiencies according to the compliance schedule, then
ecology or the local air authority may withdraw delegation.
(4) Permitting authorities must work through
agreement with counties (if the county is not the permitting authority) and
cities to provide convenient methods for evaluating applications, issuing
permits and granting permission to burn.
Once a delegation order has been issued, ecology or the local
air authority with jurisdiction must approve of any changes to the agreement
before implementation.
