Chapter 8.20
AGRICULTURAL BURNING
Sections:
8.20.010 Policy and procedure.
8.20.020 Issuance of permits – Collection and disbursal of fees.
8.20.010 Policy and procedure.
Columbia County establishes a policy and procedure for agricultural burning in Columbia County as follows:
A. Columbia County will serve as the permitting authority for agricultural burning in unincorporated areas of Columbia County. The Columbia County agent or his designated representative will serve as the permitting agent on behalf of Columbia County.
B. Columbia County will cause to be prepared a policy and procedures manual for agricultural burning that will include permitting responsibilities, applicant responsibilities, fee requirements, and complaint review and enforcement authority.
C. Columbia County will cause to be appointed a board of review consisting of one fire district commissioner and the district fire chief from Fire Districts 1 and 3 and one fire commissioner from Fire District 2 (Columbia County resident). The board of review will investigate all complaints and recommend final disposition through the prosecuting attorney’s office to the board of Columbia County commissioners.
D. Columbia County will cause to be established a variable fee schedule for field burns greater than 10 acres (per ESHB 1080) as follows:
1. Local permitting program administration fee will not exceed a flat fee of $50.00 per field burn (each farm number requiring a different burn permit). The local permitting program administrative fee for 1995 will be $35.00 per field burn.
2. The state-directed Ecology administration fee will be $0.25 per acre burned.
3. The state-directed research fund fee shall be no greater than $1.00 per acre burned. The amount assessed may be less than $1.00 per acre burned as periodically determined by the state based on applied research needs, regional needs, and the research fund budget. The research portion of the fee assessed shall be $0.50 per acre burned starting in the calendar year 1995.
4. A farmer must pay the fee prior to receiving a permit. Refunds are allowed from Ecology administration and research fund fees for portions not burned, provided the adjusted fee after subtracting refunds is no less than $25.00.
5. A special agricultural burn permit account will be established by the Columbia County treasurer. The Columbia County treasurer will make proper disbursement of all fees twice annually following the spring and fall burn seasons.
E. Permits must be conditional to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological (i.e., drought) conditions.
F. A farmer must comply with all other applicable local, state, or federal laws and agreements.
G. Enforcement. The Columbia County sheriff and his deputies, based on the recommendation of the board of review, shall have the authority to issue citations for violations of this chapter in the same manner and in the same form as provided by state statutes and court rules for criminal offenses (civil infractions).
H. Violations – Penalty. Any person violating this chapter or any section thereof may be found guilty of a civil infraction. A finding of guilty for a first offense within a five-year period may result in a civil penalty (1) equal to the sum of an appropriate applicant fee plus a variable penalty of up to $75.00 plus court costs. A finding of guilty for a second offense within a five-year period may result in a civil penalty (2) equal to the sum of an appropriate application fee plus a variable penalty of up to $500.00 plus court costs. Each occasion a fire is ignited or used contrary to this chapter shall constitute a separate violation.
The Department of Ecology reserves the right to exercise all powers, if needed, granted Ecology under Chapter 70.94 RCW in Columbia County. Ecology will provide, to the best of their ability, enforcement support on cases referred by Columbia County. In cases of serious violations, Ecology will use RCW 70.94.431 and may issue notices of violation, administrative orders, civil penalties, and/or seek other remedies as provided by Chapter 70.94 RCW, Washington Clean Air Act.
I. This chapter, with supporting policies and procedures manual, applies only to the agricultural activity of field burning. It does not apply to the burning of orchard prunings, natural vegetation along fence lines, irrigation ditches, drainage ditches, and other essential pathways or natural vegetation blown by the wind. It does not apply to spot burning of 10 acres or less for the year (cumulative). For all other kinds of agricultural burning, a permit is required if burning more than 10 acres annually (cumulative). [Res. 95-22; Ord. 95-02.]
8.20.020 Issuance of permits – Collection and disbursal of fees.
As of September 10, 2001, the Columbia County board of commissioners, through the chairman, shall sign and issue all burning permits and the Columbia County treasurer shall collect and disburse all fees. [Res. 2001-22.]
8.20.030 Burn permit fees.
As of the fall of 2006, the agricultural burn permit fees will be changed to: spot burn, $25.00; DOE, $1.00 per acre; and conservation district, $1.00 per acre. [Res. 2006-12; Res. 2002-02.]