Permit decisions including the issuance, denial, or conditioning must be based on consideration of air quality conditions in the area affected by the proposed burning, the time of year, meteorological conditions, the size and duration of the proposed burning activity, the type and amount of vegetative material to be burned, the applicant's need to carry out the burning, existence of extreme burning conditions, risk of escape onto property owned by another, and the public's interest in the environment.

1. (1) Permits must include the following general conditions:

   1. (a) Do not burn at night unless it is specified as a best management practice;
   2. (b) Comply with all fire safety rules of the local fire protection agency including any no-burn directives it may issue;
   3. (c) Call the local air authority burning information line (if there is one) before lighting the fire;
   4. (d) Burn only during times specified by the permitting authority;
   5. (e) Burn when wind takes the smoke away from roads, homes, population centers, or other public areas, to the greatest extent possible;
   6. (f) Do not burn when adverse meteorological conditions exist;
   7. (g) Burn only natural vegetation;
   8. (h) Do not burn or add fuel during any stage of an air pollution episode or local air quality burning ban;
   9. (i) Attend the fire at all times;
   10. (j) Submit a postburn report to the permitting authority.
2. (2) If the permitting authority determines a specific situation will cause a nuisance under chapter 173-400 WAC or RCW 70.94.640, agricultural burning will not be allowed.

[Statutory Authority: 2010 c 70, RCW 70.94.6528 and Ted Rasmussen Farms, LLC v. State of Washington, Department of Ecology, Docket # 22989-1-III. WSR 10-23-049 (Order 10-05), § 173-430-070, filed 11/10/10, effective 12/11/10. Statutory Authority: RCW 70.94.650, 70.94.743, and 70.94.745. WSR 06-16-052 (Order 04-10), § 173-430-070, filed 7/26/06, effective 8/26/06. Statutory Authority: RCW 70.94.650. WSR 95-03-083 (Order 94-17), § 173-430-070, filed 1/17/95, effective 2/17/95; WSR 93-14-022 (Order 92-58), § 173-430-070, filed 6/28/93, effective 7/29/93. Statutory Authority: RCW 70.94.331. WSR 90-19-062 (Order 90-10), § 173-430-070, filed 9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-070, filed 11/9/77. Formerly WAC 18-16-070.]