RCW 70A.15.5070
Limited outdoor burning—Program—Exceptions.
(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, county fire marshals in consultation with fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
(2) The permit program shall apply to residential and land clearing burning in the following areas:
(a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
(b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70A.15.5020.
(3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
(4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.
(5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010. This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.
(6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
(7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:
(a) The burning is incidental to commercial agricultural activities;
(b) The operator notifies the local fire department within the area where the burning is to be conducted;
(c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010; and
(d) Only the following items are burned:
(i) Orchard prunings;
(ii) Organic debris along fence lines or irrigation or drainage ditches; or
(iii) Organic debris blown by wind.
(8) As used in this section, "nonurban areas" are unincorporated areas within a county that are not designated as urban growth areas under chapter 36.70A RCW.
(9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.
[ 2020 c 20 § 1139; 2019 c 305 § 4; 2009 c 118 § 301; 1995 c 206 § 1; 1991 c 199 § 401; 1972 ex.s. c 136 § 2. Formerly RCW 70.94.6524, 70.94.745.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Structure Revised Code of Washington
Title 70A - Environmental Health and Safety
Chapter 70A.15 - Washington Clean Air Act.
70A.15.1005 - Declaration of public policies and purpose.
70A.15.1010 - Air pollution control account—Air operating permit account.
70A.15.1040 - Environmental excellence program agreements—Effect on chapter.
70A.15.1050 - Technical assistance program for regulated community.
70A.15.1060 - Transportation activities—"Conformity" determination requirements.
70A.15.1070 - Causing or permitting air pollution unlawful—Exception.
70A.15.1080 - Exception—Burning wood at historic structure.
70A.15.1090 - Policy to cooperate with federal government.
70A.15.1100 - Issuance of enforceable order—Overburdened communities.
70A.15.1510 - Air pollution control authority may be activated by counties, when.
70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.
70A.15.1550 - Resolutions activating authorities—Contents—Filings—Effective date of operation.
70A.15.1560 - Powers and duties of authorities.
70A.15.1570 - Cost-reimbursement agreements.
70A.15.1580 - Excess tax levy authorized—Election, procedure, expense.
70A.15.1590 - Air pollution control authority—Fiscal year—Adoption of budget—Contents.
70A.15.1610 - Designation of authority treasurer and auditor—Duties.
70A.15.1620 - Assessed valuation of taxable property, certification by county assessors.
70A.15.1630 - Authorization to borrow money.
70A.15.1640 - Special air pollution studies—Contracts for conduct of.
70A.15.2000 - Air pollution control authority—Board of directors—Composition—Term.
70A.15.2010 - City selection committees.
70A.15.2040 - Air pollution control authority—Powers and duties of activated authority.
70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.
70A.15.2230 - RACT requirements.
70A.15.2240 - Control of emissions—Bubble concept—Schedules of compliance.
70A.15.2250 - Preemption of uniform building and fire codes.
70A.15.2260 - Operating permits for air contaminant sources—Generally—Fees, report to legislature.
70A.15.2270 - Annual fees from operating permit program source to cover cost of program.
70A.15.2280 - Source categories not required to have a permit—Recommendations.
70A.15.2290 - Gasoline vapor recovery devices—Limitation on requiring.
70A.15.2300 - Air pollution control authority control officer.
70A.15.2310 - Variances—Application for—Considerations—Limitations—Renewals—Review.
70A.15.2510 - Confidentiality of records and information.
70A.15.2520 - Enforcement actions by air authority—Notice to violators.
70A.15.2530 - Order final unless appealed to pollution control hearings board.
70A.15.2540 - Rules of authority supersede local rules, regulations, etc.—Exceptions.
70A.15.2560 - Air pollution control advisory council.
70A.15.2570 - Dissolution of authority—Deactivation of authority.
70A.15.2580 - Withdrawal from multicounty authority.
70A.15.3000 - Powers and duties of department.
70A.15.3010 - Enforcement actions by department—Notice to violators.
70A.15.3020 - Hazardous substance remedial actions—Procedural requirements not applicable.
70A.15.3050 - Emission control requirements.
70A.15.3060 - State financial aid—Application for—Requirements.
70A.15.3090 - Order activating authority—Filing—Hearing—Amendment of order.
70A.15.3100 - Air pollution control authority—Review by department of program.
70A.15.3110 - Air pollution control authority—Assumption of control by department.
70A.15.3120 - State departments and agencies to cooperate with department and authorities.
70A.15.3140 - Restraining orders—Injunctions.
70A.15.3150 - Penalties (as amended by 2021 c 315).
70A.15.3160 - Civil penalties—Excusable excess emissions.
70A.15.3170 - Additional means for enforcement of chapter.
70A.15.3500 - Woodstoves—Policy.
70A.15.3510 - Woodstoves—Definitions.
70A.15.3520 - Residential and commercial construction—Burning and heating device standards.
70A.15.3530 - Solid fuel burning devices—Emission performance standards.
70A.15.3540 - Sale of unapproved woodstoves—Prohibited.
70A.15.3550 - Sale of unapproved woodstoves—Penalty.
70A.15.3560 - Sale of unapproved woodstoves—Application of law to advertising media.
70A.15.3590 - Liability of condominium owners' association or resident association.
70A.15.3600 - Limitations on use of solid fuel burning devices.
70A.15.3610 - Woodstove education program.
70A.15.3630 - Woodsmoke emissions—Findings.
70A.15.4000 - Transportation demand management—Findings.
70A.15.4010 - Transportation demand management—Definitions.
70A.15.4020 - Transportation demand management—Requirements for counties and cities.
70A.15.4030 - Transportation demand management—Growth and transportation efficiency centers.
70A.15.4040 - Transportation demand management—Requirements for employers.
70A.15.4050 - Transportation demand management—Jurisdictions' review and penalties.
70A.15.4060 - Transportation demand management—Commute trip reduction board.
70A.15.4070 - Transportation demand management—Technical assistance.
70A.15.4080 - Transportation demand management—Use of funds.
70A.15.4090 - Transportation demand management—Intent—State leadership.
70A.15.4110 - Transportation demand management—Collective bargaining powers unaffected.
70A.15.4500 - Reports of authorities to department of ecology—Contents.
70A.15.4510 - Burning used oil fuel in land-based facilities.
70A.15.4520 - Metals mining and milling operations permits—Inspections by department of ecology.
70A.15.5000 - Definition of "outdoor burning."
70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.
70A.15.5030 - Outdoor burning—Permits issued by political subdivisions.
70A.15.5040 - Limited outdoor burning—Establishment of program.
70A.15.5050 - Limited outdoor burning—Construction.
70A.15.5070 - Limited outdoor burning—Program—Exceptions.
70A.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.
70A.15.5130 - Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.
70A.15.5160 - Adoption of rules.
70A.15.5170 - Burning permits for regeneration of rare and endangered plants.
70A.15.5190 - Outdoor burning allowed for managing storm or flood-related debris.
70A.15.5200 - Fires necessary for Indian ceremonies or smoke signals.
70A.15.5210 - Permit to set fires for weed abatement.
70A.15.5220 - Disposal of tumbleweeds.
70A.15.6000 - Air pollution episodes—Legislative finding—Declaration of policy.
70A.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.
70A.15.6040 - Air pollution episodes—Orders to be effective immediately.
70A.15.6050 - Plans approved pursuant to federal clean air act—Enforcement authority.
70A.15.6200 - Legislative declaration—Intent.
70A.15.6220 - Monitoring by department of ecology.
70A.15.6230 - Emission credits banking program—Amount of credit.
70A.15.6240 - Department of ecology may accept delegation of programs.
70A.15.6260 - Establishment of critical deposition and acidification levels—Considerations.
70A.15.6270 - Carbon dioxide mitigation—Fees.
70A.15.6450 - Boiler or process heaters—Assessment and reporting requirements.
70A.15.9001 - Construction—1967 c 238.
70A.15.9002 - Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.