502.3 DEFINITIONS.
Unless a different meaning is clearly required by context, words and phrases
used in this section shall have the following meanings:
AGRICULTURAL BURNING - Fires regulated
under chapter 173-430 WAC as referenced in NWCAA 104.1, including, but not
limited to, any incidental agricultural burning or agricultural burning for
pest or disease control.
AIR POLLUTION EPISODE - A period when
a forecast, alert, warning, or emergency air pollution stage is declared, as
stated in chapter 173-435 WAC as referenced in NWCAA 104.1.
CONSTRUCTION/DEMOLITION DEBRIS - All
material manufactured for or resulting from the construction, renovation, or
demolition of buildings, roads, and other man-made structures.
FIREFIGHTING INSTRUCTION FIRES - Fires
for instruction in methods of firefighting, including, but not limited to,
training to fight structural fires, aircraft crash rescue fires, and forest
fires.
FIREWOOD - Bare, untreated wood used
as fuel in a solid fuel burning device, Indian ceremonial fire, or recreational
fire.
IMPAIRED AIR QUALITY - A first or
second stage impaired air quality condition declared by Ecology or the NWCAA in
accordance with WAC 173-433-140 as referenced in NWCAA 104.1.
INDIAN CEREMONIAL FIRE - Fires
necessary for Native American ceremonies (i.e., conducted by and for Native
Americans) if part of a religious ritual.
LAND CLEARING BURNING - Outdoor
burning of trees, stumps, shrubbery or other natural vegetation from land
clearing projects (i.e., projects that clear the land surface so it can be
developed, used for a different purpose, or left unused).
NATURAL VEGETATION - Unprocessed plant
material from herbs, shrubbery, and trees, including grass, weeds, leaves,
clippings, prunings, brush, branches, roots, stumps, and trunk wood.
NONATTAINMENT AREA - A clearly
delineated geographic area designated by the Environmental Protection Agency at
40 CFR Part 81 as exceeding (or that contributes to ambient air quality in a
nearby area that exceeds) a National Ambient Air Quality Standard (NAAQS) for a
given criteria pollutant. An area is nonattainment only for the pollutants for
which the area has been designated nonattainment.
NONURBAN AREAS - Unincorporated areas
within a county that are not designated as an urban growth area.
NUISANCE - For purposes of outdoor
burning, an emission of smoke or any other air contaminant from an outdoor fire
that unreasonably interferes with the use and enjoyment of the property upon
which it is deposited.
OTHER OUTDOOR BURNING - Outdoor
burning other than residential burning, land clearing burning, storm or flood
debris burning, tumbleweed burning, weed abatement fires, firefighting
instruction fires, rare and endangered plant regeneration fire, Indian
ceremonial fires, and recreational fires. It includes, but is not limited to,
any outdoor burning necessary to protect public health and safety.
OUTDOOR BURNING - The combustion of
any material in an open fire or in an outdoor container without providing for
the control of combustion or the control of emissions from the combustion.
Outdoor burning means all types of outdoor burning except agricultural burning,
burning on lands within the exterior boundaries of Indian reservations (unless
provided for by intergovernmental agreements), and silvicultural
burning.
PERMITTING AGENCY - The agency
responsible for issuing permits for a particular type of outdoor burning
(including adopting a general permit) and/or enforcing all requirements of this
section unless another agency agrees to be responsible for certain enforcement
activities in accordance with WAC 173-425-060(1)(a) and (6) as referenced in
NWCAA 104.1.
POLLUTANTS EMITTED BY OUTDOOR BURNING
- Carbon monoxide, carbon dioxide, particulate matter, sulfur dioxide, nitrogen
oxides, lead, and various volatile organic compounds and toxic
substances.
RARE AND ENDANGERED PLANT REGENERATION
FIRES - Fires necessary to promote the regeneration of rare and
endangered plants found within natural area preserves as identified in chapter
79.70 RCW.
REASONABLE ALTERNATIVE - A method for
disposing of organic refuse (such as natural vegetation) that is available,
reasonably economical, and less harmful to the environment than burning,
including, but not limited to, waste reduction, recycling, energy recovery or
incineration, and landfill disposal.
RECREATIONAL FIRE - Cooking fires,
campfires, and bonfires using charcoal or firewood that occur in designated
areas or on private property for cooking, pleasure, or ceremonial purposes.
Fires used for debris disposal purposes are not considered recreational
fires.
RESIDENTIAL BURNING - The outdoor
burning of leaves, clippings, prunings and other yard and gardening refuse
originating on lands immediately adjacent and in close proximity to a human
dwelling and burned on such lands by a responsible person.
RESPONSIBLE PERSON - Any of the
following:
(1) Any person who has
applied for and received a permit for outdoor burning, or
(2) Any person allowing, igniting or
attending to an outdoor fire, or
(3) Any person who owns or controls property
on which an outdoor fire occurs.
SILVICULTURAL BURNING -Fires relating
to the following activities for the protection of life or property and/or the
public health, safety, and welfare:
(1) Abating a forest fire hazard;
(2) Prevention of a forest fire
hazard;
(3) Instruction of public
officials in methods of forest firefighting;
(4) Any silvicultural operation to improve
the forest lands of the state; and
(5) Silvicultural burning used to improve or
maintain fire-dependent ecosystems for rare plants or animals within the state,
federal, and private natural area preserves, natural resource conservation
areas, parks, and other wildlife areas.
STORM OR FLOOD DEBRIS BURNING - Fires
consisting of natural vegetation deposited on lands by storms or floods that
have occurred in the previous two years and resulted in an emergency being
declared or proclaimed in the area by the city, county, or state government and
burned on such lands by a responsible person.
TUMBLEWEED BURNING - Outdoor burning
to dispose of dry plants (typically Russian Thistle and Tumbleweed Mustard
plants) that have been broken off and rolled about by the wind.
URBAN GROWTH AREA - Land, generally
including and associated with an incorporated city, designated by a county for
urban growth under RCW 36.70A.030.
WEED ABATEMENT FIRES - Outdoor burning
to dispose of weeds that is not regulated under chapter 173-430 WAC as
referenced in NWCAA 104.1, the Agricultural Burning rule.
502.4 PROHIBITIONS AND
RESTRICTIONS APPLYING TO ALL OUTDOOR BURNING. The following general
requirements apply to all outdoor burning regulated by this section, including
any outdoor burning allowed without a permit, unless a specific exception is
stated in this section. A fire protection agency, county, or conservation
district may enforce its own controls that are stricter than those set forth in
this section.
(A) No person may cause or allow
an outdoor fire in an area where the type of burning involved is prohibited
under NWCAA 502.6, or where it requires a permit under NWCAA 502.5(B), unless a
permit has been issued and is in effect.
(B) PROHIBITED MATERIALS. It shall be
unlawful for any person to cause or allow any outdoor fire containing garbage,
dead animals, asphalt, petroleum products, paints, rubber products, plastics,
paper (other than what is necessary to start a fire), cardboard, treated wood,
construction/demolition debris, metal or any substance (other than natural
vegetation) that normally releases toxic emissions, dense smoke, or obnoxious
odors when burned except as follows:
(1)
Aircraft crash rescue training fires approved and conducted in compliance with
RCW 70.94.6528 as referenced in NWCAA 104.1 may contain uncontaminated
petroleum products.
(2) Ecology or
the NWCAA may allow the limited burning of prohibited materials for other
firefighting instruction fires, including those that are exempt from permits
under NWCAA 502.5(B)(6).
(3) Other
outdoor burning necessary to protect public health and safety.
(C) HAULED MATERIAL.
(1) No outdoor fire may contain material
(other than firewood) that has been hauled from an area where outdoor burning
of the material is prohibited.
(2)
Any outdoor burning of material hauled from areas where outdoor burning of the
material is allowed requires an appropriate permit. Any property used for this
purpose on an on-going basis must be:
(a)
Limited to the types of burning listed in WAC
173-351-200(5)(b) as referenced
in NWCAA 104.1 (criteria for municipal solid waste landfills), and
(b) Approved in accordance with other laws,
including chapter
173-304 WAC as referenced in NWCAA 104.1 (minimum functional
standards for solid waste handling) and chapter
173-400 WAC as referenced in
NWCAA 104.1 (general regulations for air pollution sources).
(D) CURTAILMENTS.
During episodes or periods of impaired air quality, a responsible person for
the fire must contact the permitting agency and/or any other designated source
for information on the burning conditions for each day.
(1) No outdoor fire shall be ignited in a
geographical area where:
(a) Ecology has
declared an air pollution episode;
(b) Ecology or the NWCAA has declared an
impaired air quality condition for the county; or
(c) The appropriate fire protection authority
has declared a fire danger burn ban, unless the NWCAA grants an
exception.
(2) A
responsible person for an outdoor fire shall extinguish the fire when an air
pollution episode, an impaired air quality condition, or fire danger burn ban
that applies to the burning is declared.
(a)
Smoke visible from all types of outdoor burning, except land clearing burning,
after a time period of three hours has elapsed from the time an air pollution
episode, impaired air quality condition, or fire danger burn ban is declared
shall constitute prima facie evidence of unlawful outdoor burning.
(b) Smoke visible from land clearing burning
after a time period of eight hours has elapsed from the time an air pollution
episode, impaired air quality condition, or fire danger burn ban is declared
shall constitute prima facie evidence of unlawful outdoor burning.
(E) UNLAWFUL OUTDOOR
BURNING/NUISANCE. It is unlawful for any person to cause or allow outdoor
burning that causes an emission of smoke or any other air contaminant that is
detrimental to the health, safety, or welfare of any person, that causes damage
to property or business, or that causes a nuisance.
(F) BURNING IN OUTDOOR CONTAINERS. Outdoor
containers (such as burn barrels and other wood waste incinerators not
regulated under NWCAA Section 458, used for outdoor burning, must be
constructed of concrete or masonry with a completely enclosed combustion
chamber and equipped with a permanently attached spark arrester constructed of
iron, heavy wire mesh, or other noncombustible material with openings not
larger than 0.5 inch, and they may only be used in compliance with this
section.
(G) OTHER GENERAL
REQUIREMENTS.
(1) A person capable of
extinguishing the fire must attend it at all times and the fire must be
extinguished before leaving it.
(2)
No fires are to be within 50 feet of structures.
(3) Permission from a landowner or owner's
designated representative must be obtained before starting an outdoor
fire.
502.5
OUTDOOR BURNING PERMIT PROGRAM/REQUIREMENTS
(A) PERMIT PROGRAM.
(1) The NWCAA 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.
(2) The NWCAA may enter into agreements with
any capable agencies to identify the permitting agencies and enforcing agencies
for each type of burning and determine the type of permit appropriate for each
where a permit is required.
(3)
Permitting agencies may use a verbal, electronic, written, or general permit
established by rule for any type of outdoor burning that requires a
permit.
(4) A written permit should
be used, where feasible, for land clearing burning, storm or flood debris
burning in areas where residential burning and land clearing burning are
prohibited under NWCAA 502.6(A), (B), or (C), and other outdoor burning (except
any other outdoor burning necessary to protect public health and
safety).
(5) Any person having an
outstanding penalty obligation to the NWCAA as a result of a violation of
Section 502, except under appeal to the Pollution Control Hearings Board (PCHB)
or other judicial body, shall be denied additional outdoor burning permits
until the remaining balance is paid.
(B) TYPES OF BURNING THAT REQUIRE A PERMIT.
Except as otherwise stated, a permit is required for the following types of
outdoor burning:
(1) Residential burning
(except in nonurban areas of any county with an unincorporated population of
less than 50,000);
(2) Land
clearing burning;
(3) Storm or
flood debris burning;
(4)
Tumbleweed burning (except in counties with a population of less than
250,000;
(5) Weed abatement
fires;
(6) Firefighting instruction
fires for training to fight structural fires in urban growth areas and cities
with a population over 10,000, and all other firefighting instruction fires,
except:
(a) Firefighting instruction fires
for training to fight structural fires as provided in RCW 52.12.150;
(b) Aircraft crash rescue fires as provided
in RCW 70.94.650(5) as referenced in NWCAA 104.1; and
(c) Forest fires;
(7) Rare and endangered plant regeneration
fires;
(8) Indian ceremonial fires
(except on lands within the exterior boundaries of Indian reservations unless
provided for by intergovernmental agreement);
(9) Recreational fires with a total fuel area
greater than three feet in diameter and/or two feet in height (except in the
nonurban areas of counties with an unincorporated population of less than
50,000); and
(10) Other outdoor
burning if specifically authorized by the NWCAA.
(C) FEES.
The fee for outdoor burning permits shall be as established in
NWCAA 324.10. The amount of the fee will not exceed the level necessary to
recover the costs of administering and enforcing a permit program.
(D) REQUIREMENTS FOR RESIDENTIAL
BURNING.
The following conditions apply to all residential burning
allowed without a permit under NWCAA 502.5(B)(1) or allowed under a general,
verbal, written, or electronic permit. Persons unable to meet these
requirements and the requirements in NWCAA 502.4 must apply for and receive a
written permit before burning. Failure to comply with all applicable
requirements voids any applicable permit.
(1) A responsible person for the fire must
contact the permitting agency and/or any other designated source for
information on the burning conditions of each day.
(2) A fire may not be ignited, and must be
extinguished, if an air pollution episode, impaired air quality condition, or
fire danger burn ban that applies to the burning, is declared for the
area.
(3) The fire must not include
prohibited materials as listed in NWCAA 502.4(B).
(4) The fire must not include materials
hauled from another property.
(5)
If any emission from the fire is detrimental to the health, safety, or welfare
of any person, if it causes damage to property or business, or if it causes a
nuisance, the fire must be extinguished immediately.
(6) A person capable of extinguishing the
fire must attend it at all times and the fire must be extinguished before
leaving it.
(7) No fires are to be
within 50 feet of structures.
(8)
Permission from a landowner, or owner's designated representative, must be
obtained before starting an outdoor fire.
(9) Any burn pile must not be larger than
four feet in diameter and three feet high.
(10) Only one pile at a time may be burned,
and each pile must be extinguished before lighting another.
(11) If an outdoor container is used for
burning, it must be constructed of concrete or masonry with a completely
enclosed combustion chamber and equipped with a permanently attached spark
arrester constructed of iron, heavy wire mesh, or other noncombustible material
with openings not larger than 0.5 inch.
(12) No fire is allowed within 500 feet of
forest slash.
(E) FIELD
RESPONSE AND ENFORCEMENT
(1) Any agency that
issues permits, or adopts a general permit for any type of burning in an area,
is responsible for field response to outdoor burning complaints and enforcement
of all permit conditions and requirements unless another agency has agreed to
be responsible.
(2) Except for
enforcing Section 502.4(E)(1)(d), the NWCAA will be responsible for enforcing
any requirements that apply to burning that are prohibited or exempt from
permits in areas of its jurisdiction, unless another agency agrees to be
responsible.
(3) Permitting
agencies and enforcing agencies may require that corrective action be taken,
and may assess penalties to the extent allowed if they discover
noncompliance.
502.6 AREAS AND TYPES OF PROHIBITED OUTDOOR
BURNING.
(A) NONATTAINMENT AREAS. Residential
burning and land clearing burning shall not occur in any areas that exceed
federal or state ambient air quality standards for pollutants emitted by
outdoor burning. These areas are limited to all nonattainment areas and former
nonattainment areas for carbon monoxide, particulate matter (PM10
and PM2.5), sulfur dioxide, nitrogen
dioxide, and lead.
(B) URBAN GROWTH
AREAS. No person shall cause or allow residential burning and land clearing
burning in any urban growth areas.
(C) CITIES OVER 10,000 POPULATION.
Residential burning and land clearing burning shall not occur in any cities
having a population greater than 10,000 people. Cities having this population
must be identified by using the most current population estimates available for
each city.
(D) HIGH DENSITY AREAS.
Land clearing burning shall not occur in any area having a general population
density of 1,000 or more persons per square mile. All areas having this density
must be identified by using the most current population data available for each
census block group and dividing by the land area of the block group in square
miles.
(E) AREAS WITH A REASONABLE
ALTERNATIVE TO BURNING. Residential burning, land clearing burning, storm or
flood debris burning, tumbleweed burning, weed abatement fires and other
outdoor burning of organic refuse shall not occur in any area, including the
areas identified in subsections 502.6(A) through 502.6(D), when a reasonable
alternative for that type of burning is found to exist in the area for that
type of burning. A reasonable alternative for a particular type of burning
exists when the alternative is available and reasonably economical and less
harmful to the environment as defined in WAC
173-425-040(5) as referenced in
NWCAA 104.1.
(F) No person shall
cause or allow outdoor burning at permanently-located business establishments
excluding land clearing operations.
