Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-030 - Definition of terms

Current through Register Vol. 24-14, July 15, 2024
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 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 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.