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Chapter 173-430 WAC

AGRICULTURAL BURNING

Last Update: 11/10/10

WAC

173-430-010 Purpose of the regulation.

173-430-020 General applicability and conditions.

173-430-030 Definition of terms.

173-430-040 Agricultural burning requirements.

173-430-041 Agricultural burning fees.

173-430-042 Adjusting agricultural burning fees.

173-430-044 Additional requirements for burning field or turf grasses grown for seed.

173-430-045 Alternatives to burning field or turf grasses grown for seed.

173-430-050 Best management practices.

173-430-060 Research into alternatives to agricultural burning.

173-430-070 General agricultural burning permit conditions and criteria.

173-430-080 Responsibilities of a permitting authority.

173-430-090 Receiving delegation--Counties, conservation districts, and fire protection agencies.

173-430-100 Severability.

WAC 173-430-010 Purpose of the regulation. Chapter

70.94 RCW, the Washington Clean Air Act, declares it is the

intent of the state to protect public health and it is the

policy of the state that the responsibilities and costs of

protecting the air resource and operating state and local air

pollution control programs be shared as equitably as possible

among all sources whose emissions cause air pollution. Some

of the sources whose emissions contribute to air pollution in

the state include industrial sources (large and small), mobile

sources such as vehicles, and area sources such as woodstoves,

general outdoor burning, and agricultural burning. A variety

of strategies to control and reduce the impact of emissions

are described throughout chapter 70.94 RCW, including controls

on emissions created from agricultural burning. The act

intends that public health be protected and also allows for

agricultural burning that is reasonably necessary. The act

also requires that burning be restricted and regulated to

address the potentially competing goals of both limiting air

pollution and allowing agricultural burning. Chapter 70.94

RCW authorizes the Washington state department of ecology

(ecology) and local air authorities to implement the

provisions of that act related to agricultural burning. This

rule establishes control strategies for agricultural burning

in the state to minimize adverse health and the environmental

effects from agricultural burning in accord with the most

reasonable procedures to follow in safeguarding life and

property under all circumstances or is reasonably necessary to

carry out the enterprise or both. These strategies include:

(1) Establishing a permit program with minimum statewide

requirements and specific burn authorizations.

(2) Providing for implementation of a research program to

explore and identify economical and practical alternatives to
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agricultural burning.

(3) Encouraging and developing economically feasible

alternative methods to agricultural burning.

(4) Limiting the scope of the rule to agricultural

burning and distinguishing between agricultural burning and

other types of burning.

(5) Providing for local administration of the permitting

program through delegation.

(6) Assessing air quality within a region and

incorporating this data into an evaluation tailored to

emissions from agricultural burning.

(7) Making use of metering as a component of the

agricultural burning permit program. Metering is a technique

of limiting emissions from agricultural burning at specific

times and places by taking into account potential emission

rates, forecasted weather (dispersion), and current and

projected air quality.

(8) Using improved and proven technology in evaluating

the conditions under which burning is authorized, including

those related to meteorology, emissions, and air pollution.

(9) Providing for education and communication.

[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. 10-23-049 (Order 10-05), §

173-430-010, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-010, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-010, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-010, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 90-19-062 (Order 90-10), § 173-430-010, filed

9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-010,

filed 11/9/77. Formerly WAC 18-16-010.]

WAC 173-430-020 General applicability and conditions.

(1) This regulation applies to burning related to agricultural

activities. It does not apply to silvicultural burning or

outdoor burning. For these requirements refer to:

! Chapter 173-425 WAC for outdoor burning.

! Chapter 332-24 WAC for silvicultural burning.

(2) Burning of organic debris related to agricultural

activities is allowed when it is reasonably necessary to carry

out the enterprise. Agricultural burning is reasonably

necessary to carry out the enterprise when it meets the

criteria of the best management practices and no practical

alternative is reasonably available.

(3) Anyone conducting burning related to agricultural

activities must comply with local fire safety laws and rules,
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and burn when wind takes the smoke away from roads, homes,

population centers, or other public areas.

(4) Burning related to agricultural activities must not

occur during an air pollution episode or any stage of impaired

air quality. Definitions of air pollution episode and

impaired air quality are found in WAC 173-430-030.

(5) Burning of organic debris related to agricultural

activities requires a permit and fee, except for agricultural

burning that is incidental to commercial agricultural

activities (RCW 70.94.6524). An agricultural operation

burning under the incidental agricultural burning exception

must still notify the local fire department within the area

and not burn during an air pollution episode or any stage of

impaired air quality. The specific types of burning that

qualify as exceptions to the permit requirement are:

(a) Orchard prunings. An orchard pruning is a routine

and periodic operation to remove overly vigorous or

nonfruiting tree limbs or branches to improve fruit quality,

assist with tree canopy training and improve the management of

plant and disease, and pest infestations;

(b) Organic debris along fencelines. A fenceline or

fencerow is the area bordering a commercial agricultural field

that is or would be unworkable by equipment used to cultivate

the adjacent field;

(c) Organic debris along or in irrigation or drainage

ditches. An irrigation or drainage ditch is a waterway which

predictably carries water (not necessarily continuously) and

is unworkable by equipment used to cultivate the adjacent

field;

(d) Organic debris blown by wind. The primary example is

tumbleweeds.

[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. 10-23-049 (Order 10-05), §

173-430-020, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-020, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-020, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-020, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 90-19-062 (Order 90-10), § 173-430-020, filed

9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-020,

filed 11/9/77. Formerly WAC 18-16-020.]

WAC 173-430-030 Definition of terms. The definitions of

terms contained in chapter 173-400 WAC are incorporated into

this chapter by reference. Unless a different meaning is

clearly required by context, the meanings of the following
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words and phrases used in this chapter are listed below.

(1) Agricultural burning: Means the burning of

vegetative debris from an agricultural operation necessary for

disease or pest control, necessary for crop propagation or

crop rotation, or where identified as a best management

practice by the agricultural burning practices and research

task force established in RCW 70.94.6528(6) or other

authoritative source on agricultural practices. Propane

flaming for the purpose of vegetative debris removal is

considered commercial agricultural burning.

(2) Agricultural operation: Means a farmer who can

substantiate that the operation is commercial agriculture by

showing the most recent year's IRS schedule F form or its

corporate equivalent. It also includes burning conducted by

irrigation district or drainage district personnel as part of

water system management.

(3) Air pollution episode: Means a period when a

forecast, alert, warning, or emergency air pollution stage is

declared as described in RCW 70.94.715.

(4) Best management practice: Means the criteria

established by the agricultural burning practices and research

task force (task force).

(5) Certify: Means to declare in writing, based on

belief after reasonable inquiry, that the statements and

information provided are true, accurate, and complete.

(6) Ecology: Means the Washington state department of

ecology.

(7) Farmer: Means any person engaged in the business of

growing or producing for sale any agricultural product upon

their own lands, or upon the land in which they have a present

right of possession, any agricultural product. Farmer does

not mean persons growing or producing products primarily for

their own consumption.

(8) Field burning: Agricultural burning of vegetative

residue on an area of land used in an agricultural operation. 

Field burning does not include pile burning.

(9) Impaired air quality: Means an impaired air quality

condition declared by ecology or a local air authority with

jurisdiction in accordance with RCW 70.94.473.

(10) Outdoor burning: Means all forms of burning except

those listed as exempt in WAC 173-425-020.

(11) Permitting authority: Means ecology or its delegate

or a local air authority with jurisdiction or its delegate. 

Conservation districts, counties, fire districts, or fire

protection agencies may receive delegation for all or portions

of the agricultural burning permit program as identified in a

delegation agreement. The permitting authority will issue

agricultural burning permits for a given locale.

(12) Pile burning: Agricultural burning of stacked

vegetative residue from an agricultural operation. Burning of
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windrows does not qualify as pile burning.

(13) Silvicultural burning: Means burning on any land

the department of natural resources protects per RCW

70.94.030(13), 70.94.6534, 70.94.6540, and under chapter 76.04

RCW.

(14) Spot burn: Agricultural burning of an unforeseen

and unpredicted small area where burning is reasonably

necessary and no practical alternative to burning exists. 

Examples of spot burns include small weed patches, spots of

heavy residue, equipment plugs, and harrow dumps. Burning of

windrows does not qualify as a spot burn.

(15) Task force: Means the agricultural burning

practices and research task force.

[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. 10-23-049 (Order 10-05), §

173-430-030, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-030, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.656. 98-12-016

(Order 97-45), § 173-430-030, filed 5/26/98, effective

6/26/98. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-030, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-030, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 90-19-062 (Order 90-10), § 173-430-030, filed

9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-030,

filed 11/9/77. Formerly WAC 18-16-030.]

WAC 173-430-040 Agricultural burning requirements. (1)

Agricultural burning is allowed when it is reasonably

necessary to carry out the enterprise. A farmer can show it

is reasonably necessary when it meets the criteria of the best

management practices and no practical alternative is

reasonably available. In certain circumstances, ecology may

certify an alternative to burning. Where the certified

alternative is reasonably available, burning is not allowed. 

Certified alternatives are described in WAC 173-430-045.

(2) For allowed agricultural burning, ecology or local

air authorities with jurisdiction will make daily or specific

fire burn calls (during times of anticipated burning) and use

metering when necessary to minimize the potential for adverse

air quality impacts. Metering is a technique of limiting

emission from burning at specific times and places by taking

into account potential emission rates, forecasted weather

(dispersion), and current and projected air quality. The burn

decision process will consider: The potential number of burns

and their expected size(s) and duration(s); recent and current

ambient concentrations of pollutants; other potential
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emissions sources; and evaluations and judgments about how

foreseeable meteorological conditions will affect

concentrations of pollutants in the air sheds.

(a) For the purposes of this section: The smoke

management index is a set of conditions that guide the

production of certain reports as described in (c) of this

subsection and evaluations as described in (d) of this

subsection. The smoke management index is not an air quality

standard as defined in RCW 70.94.030(4) and further identified

in RCW 70.94.331. The smoke management index is not an

emission standard as defined in RCW 70.94.030(9) and further

identified in RCW 70.94.331. The smoke management index is

not an air pollution episode as described in RCW 70.94.710.

(b) Ecology and local air authorities making daily or

specific fire burn calls in areas where PM2.5 concentrations

are regularly monitored will follow the procedures in (c) of

this subsection when making the burn decision whenever either

of the following smoke management index conditions exist:

(i) A most recent daily average (twenty-four-hour) PM2.5

concentration was equal to or greater than 16 micrograms per

cubic meter. This is based on the division between the "good"

and "moderate" classifications of the 2009 U.S. Environmental

Protection Agency's Air Quality Index (AQI) for (twenty-four

hours average PM2.5) particulate matter.

(ii) A two-hour rolling average PM2.5 concentration,

during the most recent twenty-four to thirty hours was equal

to or greater than the regional seasonal average PM2.5

concentration plus 15 micrograms per cubic meter.

(c) In authorizing additional burning, a determination

will be documented explaining that the decision to allow

additional burning is not expected to result in a further

significant deterioration of air quality. The determination

will be entered on a standard form noting the date, time, the

location of the additional burning, the size of the burn(s),

and a brief explanation of the opinion as to why the

additional burning is not expected to result in a further,

significant reduction of air quality. The purpose of the

determination and recordkeeping requirements of this section

is to enhance agency and public understanding of the

effectiveness of the daily burn and metering decision-making

process, and to improve its application over time. A notice

of the determinations will be made by ecology or a local air

authority with jurisdiction at the time the daily burn

decision is communicated. Ecology or a local air authority

with jurisdiction will also periodically make the

determination forms conveniently available to the public.

(d) Following a determination described in (c) of this

subsection and a deterioration of air quality to levels equal

to or greater than a two-hour rolling average concentration of

the regional seasonal average PM2.5 concentration plus 25

micrograms per cubic meter in the specific area during the
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twenty hours following such determination, ecology or the

local air authority with jurisdiction will evaluate the

deterioration and document any findings and opinions regarding

why the deterioration occurred. Ecology or the local air

authority with jurisdiction will make evaluations under this

subsection conveniently available to the public.

(e) Ecology or a local air authority with jurisdiction

may evaluate emission dispersion impacts in the regular course

of business. In addition, ecology or the local air authority

with jurisdiction will produce an annual report summarizing

determinations and evaluations under the smoke management

index.

(f) Under RCW 70.94.473 and 70.94.6512, no burning is

authorized when an air quality alert, warning, emergency or

impaired air quality condition has been issued.

(g) For purposes of protecting public health (not

eliminating agricultural burning), if an area exceeds or

threatens to exceed unhealthy air pollution levels, the

permitting authority may limit the number of acres, on a pro

rata basis as provided by RCW 70.94.6532 or by 70.94.6528.

(3) Except as described in WAC 173-430-020(5), all

agricultural burning requires a permit.

(a) Ecology or local air authorities with jurisdiction

will provide agricultural burning application forms for

agricultural burning.

(b) To qualify for an agricultural burning permit the

farmer must be an agricultural operation or government entity

with specific agricultural burning needs, such as irrigation

districts, drainage districts, and weed control boards.

(c) Application information. A farmer must fill out the

information requested on a permit application, pay the

permitting fee, and submit it to the permitting authority for

review and approval before burning.

(i) The application must describe the reason for burning

and include at least the following information: Name and

address of the person or corporation responsible for the burn,

the specific location (county; legal description: Section,

township, range, block and unit number), the crop type, the

type or size of the burn, driving directions to the burn,

specific reason for the burn, the target date for burning, a

map, signature of the responsible party, and any additional

information required by the permitting authority. Each

permitting authority may require additional information on the

application.

(ii) All applications must comply with other state or

local rules.

(d) The permitting authority must evaluate the

application, and approve the permit before burning.

(e) 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
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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.

(f) Ecology or its delegate, or a local air authority

with jurisdiction, or its delegate must approve or deny the

permit in part or in whole based on information in the

application.

(g) Ecology and its delegate or a local air authority

with jurisdiction or its delegate may issue permits for

appropriate agricultural burning activities in nonattainment

areas, maintenance areas, and urban growth areas as described

in RCW 70.94.6514.

(4) All agricultural burning permits require a fee.

The applicant must include the fee when submitting the

application. The permitting authority will charge fees as

described under WAC 173-430-041.

(5) All agricultural burning permits must include

conditions intended to minimize air pollution.

(a) A farmer must comply with the conditions on the

agricultural burning permit.

(b) Permits must be conditioned to minimize emissions and

impacts insofar as practical, including denial of permission

to burn during periods of adverse meteorological conditions. 

When necessary as determined by ecology or the local air

authorities to ensure compliance with the act, permit

conditions will include at least one of the following:

! The use of a daily burn decision.

! Permit specific decisions.

! Metering.

(c) The permitting authority must:

(i) Act on a complete application (as determined by the

permitting authority) within seven days of receipt.

(ii) Evaluate the application and approve or deny all or

part of it.

(iii) Evaluate the application to determine if the

requested burning is within the general or crop-specific best

management practices.

(iv) If the permitting authority denies the application, 

they must state the reason for the denial.

(6) Other laws. A farmer must obtain any local permits,

licenses, or other approvals required by any other laws,

rules, or ordinances. The farmer must also honor other

agreements entered into with any federal, state, or local

agency.

[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. 10-23-049 (Order 10-05), §
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173-430-040, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-040, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.656. 98-12-016

(Order 97-45), § 173-430-040, filed 5/26/98, effective

6/26/98. Statutory Authority: RCW 70.94.656(4). 97-03-021

(Order 96-05), § 173-430-040, filed 1/7/97, effective 2/7/97. 

Statutory Authority: RCW 70.94.650. 95-03-083 (Order 94-17),

§ 173-430-040, filed 1/17/95, effective 2/17/95; 93-14-022

(Order 92-58), § 173-430-040, filed 6/28/93, effective

7/29/93. Statutory Authority: RCW 70.94.331. 90-19-062

(Order 90-10), § 173-430-040, filed 9/17/90, effective

10/18/90; Order DE 77-20, § 173-430-040, filed 11/9/77. 

Formerly WAC 18-16-040.]

WAC 173-430-041 Agricultural burning fees. (1) RCW

70.94.6528 provides the following maximum fees for

agricultural burning:

Field burning $3.75 per acre

Pile burning $1.00 per ton

(2) RCW 70.94.6528(5) authorizes the agricultural burning

practices and research task force (task force) to determine

the level of the fee.

(a) 2011 fee schedule. Fees starting in the calendar

year 2011 are found in subsection (5) of this section.

(b) Establishing new fee schedules. Ecology and the task

force will examine the fee schedule using the process in WAC

173-430-042.

(3) Calculating the fee. The fee consists of a minimum

fee plus any applicable variable fee.

(a) Minimum fee. The minimum fee includes burning of the

base number of acres or tons published in the fee schedule.

(b) Variable fee. Field burning and pile burning permits

allowing the farmer to burn more acres or tons than the base

included in the minimum fee require an additional per acre or

per ton fee.

(c) The following table shows which types of burning have

a variable fee.

Type of Burning Variable Fee

Field Burning Fee applied for each

additional acre.

Spot Burning None - Spot burn permits

must not exceed the base

amount of acres published

in the fee schedule.

Pile Burning Fee applied for each

additional ton.
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(4) Fee components. The permit fee helps off-set the

cost of administering and enforcing the agricultural burning

permit program. The fee consists of three components:

! Permitting program administration;

! Smoke management administration; and

! Research.

(a) Permitting program administration. The permitting

authority may set the fee as an amount no more than the amount

published in the fee schedule.

(i) The local air authority or delegated permitting

authority must establish this portion of the fee by an

appropriate, public process such as a local rule, ordinance,

or resolution.

(ii) In areas of the state where ecology has permitting

authority and has not delegated that authority, ecology will

charge the following for local permitting program

administration:

(A) Starting in 2011, the amount listed in subsection (6)

of this section.

(B) For subsequent fee changes, the amount published in

the fee schedule. Ecology will publish the fee schedule using

the process in WAC 173-430-042.

(b) Smoke management administration. This portion of the

fee will:

(i) Help off-set the statewide or regionwide costs of the

agricultural burning program.

(ii) Help fund the education and smoke management

activities of ecology or the local air authority.

(c) Research fund. The task force will determine the

research portion of the fee based on applied research needs,

regional needs, and the research fund budget.

(5) Permit fee schedule. Table 1 shows the permit fee

schedule, starting in the calendar year 2011. This fee

schedule will remain in place until ecology and the task force

adjust it using the process in WAC 173-430-042. Please see

http://www.ecy.wa.gov, contact ecology, or contact your local

air authority for the most current fee schedule or fee

distribution.

Table 1

Agricultural Burning Fee Schedule, Starting Calendar Year 2011

Fee Minimum Fee Variable Fee

Field Burning $30 for the first 10

acres

$3.00 for each

additional acre

Spot Burning $30 for 10 acres or

less

None

Pile Burning $80 for the first

100 tons

$0.50 for each

additional ton

(6) Permit fee distribution. Table 2 shows the permit

fee distribution, starting in the calendar year 2011. This
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distribution will remain in place until ecology and the task

force adjust it using the process in WAC 173-430-042. Please

see http://www.ecy.wa.gov, contact ecology, or contact your

local air authority for the most current fee schedule or fee

distribution.

Table 2

Agricultural Burning Fee Distribution

Fee

Permitting Authority

Administration Research Smoke Management

Field Burning Minimum

Fee

$15.00 $0 $15.00

Field Burning Variable

Fee

$1.25 per acre $0.50 per acre $1.25 per acre

Spot Burning Fee $15.00 $0 $15.00

Pile Burning Minimum

Fee

$16.00 $16.00 $48.00

Pile Burning Variable Fee $0.10 per ton $0.10 per ton $0.30 per ton

(7) Refunds. The farmer may receive a refund. The

farmer may only receive a refund for the portion of the

variable fee paid for the acres or tons not burned.

(a) The permitting authority may keep the minimum fee as

reimbursement for the costs of processing the permit

application.

(b) The permitting authority will not issue refunds of

less than twenty-five dollars due to the cost of processing

refunds.

[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. 10-23-049 (Order 10-05), §

173-430-041, filed 11/10/10, effective 12/11/10.]

WAC 173-430-042 Adjusting agricultural burning fees.

(1) RCW 70.94.6528 provides the following maximum fees for

agricultural burning:

Field burning $3.75 per acre

Pile burning $1.00 per ton

(2) RCW 70.94.6528(5) authorizes the agricultural burning

practices and research task force (task force) to determine

the level of the fee.

(3) Process for adjusting the fee schedule for

agricultural burning. The process for adjusting the fee

schedule requires the following two steps:

! The task force must determine the fee schedule using

the process established in subsection (4) of this section;

! If the task force decides to adjust the fee schedule,

ecology will finalize the new fee schedule through the process
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established in subsection (6) of this section.

(4) Task force process to determine agricultural burning

fees. The task force may examine the agricultural burning fee

schedule once a year using the process outlined in this

section. However, the task force must examine the

agricultural burning fee schedule at least every two years. 

The task force process for examining the agricultural burning

fee schedule must include the following:

(a) Ecology will submit, to the task force, a summary of

the costs of the permit and smoke management programs before

the first task force meeting of the year.

(b) The agenda for the first task force meeting of the

year must include examining the current fee schedule.

(c) Ecology will notify stakeholders and permit holders

of time, date, location, and agenda for the task force

meeting.

(d) Based on the information provided by ecology, under

(a) of this subsection, the task force will decide if they

need to adjust the agricultural burning fee schedule.

(e) If the task force decides to adjust the agricultural

burning fee schedule, they must determine the new fee schedule

at a regularly scheduled meeting.

(5) Examining the fee schedule more frequently. The task

force may examine the agricultural burning fee schedule more

frequently than every two years, if all of the following

occurs:

(a) The task force determines the fee schedule during one

of their regularly scheduled meetings.

(b) Ecology finalizes the fee schedule using the process

in subsection (6) of this section.

(6) Ecology process to finalize fees set by the task

force. After the task force determines a new fee schedule,

ecology will:

(a) Post the proposed fee schedule on the agency web site

for public review and comment.

(b) Publish a notice of a public hearing.

(i) The notice will include all of the following:

! Time;

! Date;

! Location;

! Last day ecology will accept written comments.

(ii) At a minimum, ecology will publish the notice in the

following locations:

(A) Washington State Register.

(B) Ecology web site.

(c) Hold a public hearing at least twenty days after

completing the actions in (a) and (b) of this subsection.

(d) Accept written comments on the proposed fee schedule. 

Ecology must receive comments by the time and date specified

in the hearing notice, or a later time and date established at

the hearing.
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(e) Consider comments received and provide a written

response to comments to the task force and anyone who

commented.

(f) Ecology will finalize the fee schedule by December

1st of the calendar year before it becomes effective.

(g) Ecology will publish the fee schedule by:

(i) Notifying stakeholders and permit holders of the new

fees.

(ii) Posting a response to comments on the ecology web

site.

(7) Effective date of the new fee schedule. The new fee

schedule becomes effective January 1st of the calendar year

after it is finalized.

[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. 10-23-049 (Order 10-05), §

173-430-042, filed 11/10/10, effective 12/11/10.]

WAC 173-430-044 Additional requirements for burning

field or turf grasses grown for seed. Ecology will proceed

with the process to certify alternatives to burning as

identified in RCW 70.94.6532(3). In addition to the

certification process, ecology is also limiting the number of

acres allowed to be burned as specified in RCW 70.94.6532(4).

(1) Beginning in 1997 and until approved alternatives

become available, each farmer is limited to burning no more

than one-third of the number of acres in grass seed production

on May 1, 1996. "In production" means planted, growing and

under the control of the farmer.

Without regard to any previous burn permit history, in

1996, each farmer shall be limited to burning the greater of:

(a) Two-thirds of the number of acres the farmer burned

under a valid permit issued in 1995; or

(b) Two-thirds of the number of acres in grass seed

production on May 1, 1996. "In production" means planted,

growing and under the control of the farmer.

(2) Exemptions to the requirements for burning of field

and turf grasses grown for seed (subsection (1) of this

section). A farmer may request an exemption for extraordinary

circumstances, such as property where a portion(s) of the

field is oddly shaped or where the slope is extremely steep. 

This provision does not apply to WAC 173-430-045, Alternatives

to burning field or turf grasses grown for seed. Under this

subsection, relief from the acreage/emissions reduction

requirements of subsection (1) of this section is limited to

no more than five percent of the acreage in production on May

1, 1996, and is also subject to the following provisions:

(a) The exemption request must be certified by an

agronomic professional;
[ 14 ]

(b) The farmer must be able to show full compliance with

the emissions reductions in subsection (1) of this section for

the acreage not exempted; and

(c) The farmer must be in full compliance with permit

requirements for other crops under WAC 173-430-040.

(3) Measurement for emission reduction for grass seed

field and turf grass. Ecology will use acres as the basis for

determining emission reductions as provided by RCW 70.94.6532,

until another method(s) is shown to be better and meets with

the intent of RCW 70.94.6532(4). Ecology will investigate

alternate methods, as they become available. If ecology finds

that an alternate method is appropriate and meets the

criteria, it may certify this method using an administrative

order.

(4) Ecology or the local air authority may provide for

trading of permits using the method described in this

subsection. This trading system uses a straight transfer of

acres, a transfer requiring mandatory compensation, or a

combination of both. If ecology or the local air authority

finds that emissions resulting from trading are creating a

health impact, as defined by ecology or the local air

authority, the trading system, once created, may be dissolved. 

This provision does not apply to WAC 173-430-045, Alternatives

to burning field or turf grasses grown for seed.

(a) Ecology or the local air authority may develop a

system that allows the trading of permits by:

(i) Adding a signed transfer line to the written permit

that provides for a signature for the current holder of the

permit;

(ii) Providing a tracking system that identifies the

current holder of the permit, that identifies when the permit

was last used to allow burning of acreage, and that allows the

name of the holder to be changed if the transfer line is

signed by the current holder;

(iii) Requiring that the new holder of the permit must

turn in the permit with the signed transfer line at least

sixty days before the new holder plans to burn; and

(iv) Assuring that the permits are used only once in a

calendar year.

(b) By signing the transfer line on the permit the permit

holder must indicate that he or she understands that the acres

transferred may no longer be burned, that a permit for the

acres transferred will not be issued to the signing permit

holder in future years, and that the acres being transferred

were not already burned during the calendar year during which

the transfer takes place.

(c) Ecology and the local air authorities may add

restrictions to the transfer of permits closer to areas with

higher population densities.

(d) Only permits for acreage which has not yet been

burned may be transferred or traded. The seller of the permit
[ 15 ]

is responsible for permanently reducing the acreage burned by

the amount of acreage transferred from January 1st of the year

during which the transaction takes place.

(e) Acreage that is exempted under subsection (5) of this

section is not eligible for the trading system.

(f) The authorities are encouraged to work together to

use the same system and to allow trading between authority

jurisdictions so as to allow the grass seed growers to adjust

to the two-thirds overall reduction in acres permitted for

burning as easily as possible.

(5) Alternate open burning practices for field and turf

grass grown for seed. Ecology acknowledges that there may be

practices that involve some burning, but which produce

emissions quantifiably below those of open field burning. If

ecology finds that a practice involves open burning and still

substantially reduces emissions below open field burning,

ecology may certify the alternate burning practice(s) by

administrative order. Any certified practice may be used to

satisfy the acreage/emissions reduction requirements of

subsection (1) of this section provided:

(a) The acreage application of the practice is adjusted

to reflect effectiveness in reducing emissions so as to meet

or exceed the emissions reduction required by subsection (1)

of this section; and

(b) In no case will the emission reduction requirement

for the field and turf grass grown for seed be less than that

required in subsection (1) of this section.

[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. 10-23-049 (Order 10-05), §

173-430-044, filed 11/10/10, effective 12/11/10.]

WAC 173-430-045 Alternatives to burning field or turf

grasses grown for seed. (1) When is open burning of field and

turf grasses grown for seed prohibited?

The Washington Clean Air Act prohibits open burning of

field and turf grasses grown for seed whenever ecology has

concluded, through a process spelled out in the act, that any

procedure, program, technique, or device constitutes a

practical alternate agricultural practice to open burning, and

that alternate is reasonably available.

(2) Has ecology certified practical alternatives to open

burning of field or turf grasses grown for seed?

Yes. Ecology concludes that mechanical residue

management constitutes a practical alternate agricultural

practice to the open burning of field or turf grasses grown

for seed. Mechanical residue management means removing,

including arranging for removal of, the residue using

nonthermal, mechanical techniques including, but not limited
[ 16 ]

to: Tilling, swathing, chopping, baling, flailing, mowing,

raking, and other substantially similar nonthermal, mechanical

techniques. Ecology further concludes that mechanical residue

management is practical throughout all phases of seed

production including:

(a) When the field is planted (establishment);

(b) When the field is producing seed (harvest years);

(c) When the field is prepared for replanting (tear-out).

(3) Are the alternatives to open burning that have been

certified by ecology reasonably available?

Ecology concludes that mechanical residue management is

reasonably available throughout the state wherever baling can

be used. Baling is the process of gathering the residue and

moving it off the field. Typically, a machine known as a

"baler" is used to gather and bundle residue that is already

cut.

Based on this conclusion, the open burning of field or

turf grasses grown for seed is prohibited except as described

in subsection (4) of this section. This rule does not require

the use of any particular practice or technique. A farmer may

use any alternate practice that does not involve field

burning.

(4) Under what circumstances may open burning of field or

turf grasses grown for seed be allowed?

(a) Where a farmer establishes that mechanical residue

management is not reasonably available on specific portions of

a field under specific production conditions due to slope. In

a request for a waiver, a farmer must certify in writing to

ecology or local air authority the following:

(i) Baling is not reasonably available due to slope. A

farmer must explain why baling is not reasonably available,

referring to specific facts supporting this belief. 

Unacceptable facts include, but are not limited to, general

statements about burning as a tool for the routine control of

weed and disease, for seed propagation purposes, or as a less

costly alternative to mechanical residue management. A farmer

may use statements from three separate businesses providing

baling services as part of their commercial operation to

support the belief that baling is not reasonably available due

to slope. In the statements, the businesses must certify that

they are independent from the farmer and have no financial

interest in the farmer's operation;

(ii) Current harvest practices have not diminished the

ability to use mechanical residue management;

(iii) The ground or portions of the field have not been

burned three years in a row in the three years preceding the

request for a waiver;

(iv) The ground or portions of the field will remain,

without replanting, in grass production at least through the

next harvest season following burning;

(v) Residue from any neighboring fields or portions of
[ 17 ]

fields under the control of the farmer will be removed before

burning and reasonable precautions will be taken to prevent

fire from spreading to areas where burning is not allowed; and

(vi) Adjustments in field rotations and locations cannot

be made at any time during the rotational cycle and could not

have been made when planted to allow the use of mechanical

residue management techniques.

(b) Where a farmer establishes that extreme conditions

exist. Ecology or a local air authority, at their discretion,

may grant a request for a waiver for extreme conditions. The

farmer must certify in writing the following:

(i) Why mechanical residue management is not reasonably

available, referring to specific facts supporting this belief. 

Unacceptable facts include, but are not limited to, general

statements about burning as a tool for the routine control of

weed and disease, for seed propagation purposes, or as a less

costly alternative to mechanical residue management;

(ii) He/she did not cause or create the condition to

purposefully avoid using mechanical residue management

techniques;

(iii) The ground or portions of the field have not been

burned three years in a row in the three years preceding the

request for a waiver;

(iv) The field will remain, without replanting, in grass

production at least through the next harvest season following

burning;

(v) Residue from any neighboring fields or portions of

fields under the control of the farmer will be removed prior

to burning and that reasonable precautions will be taken to

prevent fire from spreading to areas where burning is not

allowed; and

(vi) Adjustments in field rotations and locations cannot

be made at any time during the rotational cycle, and could not

have been made when planted to allow the use of mechanical

residue management techniques.

(c) Where a farmer demonstrates to ecology or local air

authority that his/her small agricultural operation is

eligible for mitigation.

For 1998 only, ecology or a local air authority may allow

burning on a small agricultural operation. A small

agricultural operation owner has a gross 1997 revenue from all

agricultural operations of less than $300,000. A farmer must

show information of sufficient quantity and quality to ecology

or a local air authority to establish gross revenue from

agricultural operations. A small farm owner may burn current

acreage up to 25% of 1997 acreage burned under a valid permit. 

Fields taken out of production after the 1997 harvest season

and in 1998 cannot be counted in the determination of 1997

acreage burned for the purpose of eligible burn acreage.

(d) Where a request for a waiver is approved under (a),

(b), and (c) of this subsection, the following additional
[ 18 ]

limitations also apply:

Total burn acreage must not exceed 1/3 of a farmer's

acreage in production on May 1, 1996. Permits issued under

(a), (b), or (c) of this subsection are not eligible for the

permit trading program identified in WAC 173-430-040.

(5) What is the process for a farmer to request a waiver

for circumstances described in subsection (4) of this section?

(a) A farmer submits a request for a waiver.

Sixty days before the planned burn date, a farmer must

submit in writing a request to ecology or a local air

authority. In the request, the farmer must identify the

circumstances and meet the specific requirements of subsection

(4)(a), (b), or (c) of this section. Ecology or the local air

authority may require the request to be submitted on a form or

in a format provided by ecology or the local air authority.

(b) Ecology or local air authority evaluates the request

for a waiver.

Upon receiving a request for a waiver, ecology or the

local air authority will determine if the necessary documents

and information provided is complete enough to evaluate the

request. If incomplete, ecology or local air authority will

advise the farmer and suspend further evaluation until the

request for a waiver is complete. The documents and

information identified as necessary to complete the request

must be delivered to ecology or the local air authority at

least thirty days before burning. Once a request for a waiver

is deemed complete, ecology or the local air authority will

evaluate the request and decide whether the burning waiver is

appropriate. As part of the evaluation, ecology or the local

air may conduct an on-site inspection.

If ecology or local air authority denies a request for a

waiver, the reasons will be provided to the farmer in writing. 

If approved, ecology or the local air authority will notify

the farmer by convenient means. Ecology will also notify the

appropriate delegated authority.

(c) The farmer applies for an agricultural burning

permit.

If ecology or local air authority approves a request for

a waiver, the farmer must complete a permit application and

pay the fee as described in WAC 173-430-040. A delegated

authority must receive written authorization from ecology that

a waiver has been approved before processing a permit

application.

[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. 10-23-049 (Order 10-05), §

173-430-045, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.656. 98-12-016 (Order 97-45), § 173-

430-045, filed 5/26/98, effective 6/26/98.]
[ 19 ]

WAC 173-430-050 Best management practices. (1) The task

force must identify best management practices for agricultural

burning that are economically feasible and socially

acceptable. Practical alternative production methods and

controls which would reduce or eliminate agricultural burning

must be used when reasonably available.

(2) The task force may establish an agricultural burning

general best management practice and crop-specific best

management practices as appropriate. The task force will work

in conjunction with conservation districts and extension

agents or other local entities in developing best management

practices. The task force may review and approve cropspecific best management practices which have been developed

or recommended by an individual or group.

(3) Approved best management practices information will

be available from permitting authorities. The task force, as

it deems necessary, will hold public workshops on best

management practices that have changed or are new and will

periodically review the best management practices starting

three years after approval.

(4) The task force will clarify best management practices

and make interpretative decisions as needed, considering all

authoritative sources on the subject.

(a) An individual or group may request a best management

practice clarification from the task force.

(b) The chair of the task force may direct the questioned

practice to a subgroup of task force members, provided that

agricultural, research, and regulatory interests are included

and all task force members are notified, or may direct it to

the whole task force.

(5) The task force will change best management practices

as necessary to incorporate the latest research.

[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. 10-23-049 (Order 10-05), §

173-430-050, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650. 95-03-083 (Order 94-17), § 173-

430-050, filed 1/17/95, effective 2/17/95. Statutory

Authority: RCW 70.94.331. 90-19-062 (Order 90-10), § 173-

430-050, filed 9/17/90, effective 10/18/90; Order DE 77-20, §

173-430-050, filed 11/9/77. Formerly WAC 18-16-050.]

WAC 173-430-060 Research into alternatives to

agricultural burning. (1) Ecology will administer the

research portion of the permit fee to carry out the

recommendations of the task force. In carrying out the

recommendations, ecology may conduct, cause to be conducted,

or approve of a study or studies to explore and test

economical and practical alternative practices to agricultural
[ 20 ]

burning. To conduct the study, ecology may contract with

public or private entities. Any approved study must provide

for the identification of the alternatives as soon as

possible.

(2) No less than every two years, the task force will

review research needs and submitted proposals and make its

recommendations to ecology.

[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. 10-23-049 (Order 10-05), §

173-430-060, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-060, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-060, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-060, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 90-19-062 (Order 90-10), § 173-430-060, filed

9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-060,

filed 11/9/77. Formerly WAC 18-16-060.]

WAC 173-430-070 General agricultural burning permit

conditions and criteria. 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) Permits must include the following general

conditions:

(a) Do not burn at night unless it is specified as a best

management practice;

(b) Comply with all fire safety rules of the local fire

protection agency including any no-burn directives it may

issue;

(c) Call the local air authority burning information line

(if there is one) before lighting the fire;

(d) Burn only during times specified by the permitting

authority;

(e) Burn when wind takes the smoke away from roads,

homes, population centers, or other public areas, to the

greatest extent possible;

(f) Do not burn when adverse meteorological conditions

exist;

(g) Burn only natural vegetation;
[ 21 ]

(h) Do not burn or add fuel during any stage of an air

pollution episode or local air quality burning ban;

(i) Attend the fire at all times;

(j) Submit a postburn report to the permitting authority.

(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. 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. 06-16-

052 (Order 04-10), § 173-430-070, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-070, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-070, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 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.]

WAC 173-430-080 Responsibilities of a permitting

authority. (1) The permitting authority is ecology or its

delegate or a local air authority with jurisdiction or its

delegate. The permitting authority must establish and

administer an agricultural burning permit system. The minimum

responsibilities are described in this section.

(2) The permitting authority must act on a complete

application (as determined by ecology or a local air authority

with jurisdiction) within seven days of receipt.

(a) Local air authorities are required to use application

templates and permit templates supplied by ecology. Ecology

delegated authorities are required to use applications and

permits supplied by ecology.

(b) A map must accompany all permit applications.

(i) The map must accurately depict the topography of the

area where the requested burn would take place and include

roads, and landmarks.

(ii) The map must accurately show affected acreage to be

burned.

(iii) The map must show the position of the field within

each section the field occupies, down to the 1/4 - 1/4

section. All four border lines of each section must be

outlined with the section number, township, and range clearly

marked.

(c) The permitting authority must evaluate the

application and approve or deny all or part of it.

(d) The permitting authority must evaluate the

application to determine if the requested burning is within
[ 22 ]

the general or crop-specific best management practices.

(e) If the application is denied, the reason must be

stated.

(3) Permitting authorities must issue permits where

appropriate on complete applications. Delegated permitting

authorities may issue permits when agreed to as part of the

delegation order.

(4) Permitting authorities must determine day-to-day

burning restrictions near populated areas and arrange for

dissemination of the results. Delegated permitting

authorities must arrange for assisting in dissemination of

results.

(5) The permitting authority or its delegate is

responsible for responding to agricultural burning complaints.

(6) The permitting authority must collect the fee,

determine the local administration portion of the fee, and

issue refunds.

(a) Permitting authorities must issue a permit fee refund

for permitted acres not burned on confirmation by the

permitting authority. The refund request deadline must be

included on the permits.

(b) Local air authorities and delegated permitting

authorities must formally adopt the local administration

portion of the fee through rule, regulation, ordinance, or

resolution.

(7) Delegated permitting authorities must provide ecology

with copies of all permits and supporting documentation and

transfer the research and smoke management administration

portion of the fee to ecology.

(a) Local air authorities and delegated permitting

authorities must transfer funds twice a year by July 15 and

January 15.

(b) Local air authorities and delegated permitting

authorities must provide ecology copies of all permits,

applications with supporting documentation, maps, and postburn

reports. All spring (January-June) permits need to be

provided by July 15th and all fall (July-December) permits by

January 15th.

(c) Ecology must deposit all agricultural burning permit

fees in the air pollution control account. Permitting

authorities may deduct the local administration portion before

forwarding the remainder to ecology.

(8) The permitting authority must coordinate compliance. 

Violations are subject to the remedies of chapter 70.94 RCW,

Washington Clean Air Act.

(9) The permitting authority or its delegate must require

a postburn report for all permits.

(10) The permitting authority or its delegate must use

the web-based data base for issuing all agricultural burning

permits.

(a) Local air authorities and its delegates must make
[ 23 ]

arrangements with ecology to enter information into the webbased data base.

(b) Ecology-delegated permitting authorities must attend

a minimum of one data base training per calendar year or as

provided by ecology.

[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. 10-23-049 (Order 10-05), §

173-430-080, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-080, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-080, filed 1/17/95, effective

2/17/95; 93-14-022 (Order 92-58), § 173-430-080, filed

6/28/93, effective 7/29/93. Statutory Authority: RCW

70.94.331. 90-19-062 (Order 90-10), § 173-430-080, filed

9/17/90, effective 10/18/90; Order DE 77-20, § 173-430-080,

filed 11/9/77. Formerly WAC 18-16-080.]

WAC 173-430-090 Receiving delegation--Counties,

conservation districts, and fire protection agencies. (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
[ 24 ]

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.

[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. 10-23-049 (Order 10-05), §

173-430-090, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-

052 (Order 04-10), § 173-430-090, filed 7/26/06, effective

8/26/06. Statutory Authority: RCW 70.94.650. 95-03-083

(Order 94-17), § 173-430-090, filed 1/17/95, effective

2/17/95.]

WAC 173-430-100 Severability. The provisions of this

regulation are severable. If any provision is held invalid,

the application of the provision to other circumstances and

the remainder of the regulation will not be affected.

[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. 10-23-049 (Order 10-05), §

173-430-100, filed 11/10/10, effective 12/11/10. Statutory

Authority: RCW 70.94.650. 95-03-083 (Order 94-17), § 173-

430-100, filed 1/17/95, effective 2/17/95.]