Permanent burn ban discussed
By Chris Fitzgerald, KP News
Puget Sound Clean Air Agency is proposing a rule
change to current regulations that would ban all
land-clearing burning and, later, any residential
burning of yard waste. The rule, which will affect
Pierce, King and Snohomish counties, would be in
effect on July 1, 2008, for land-clearing and July
1, 2010, for residential yard waste.

Burning of land-clearing
debris is common all around the KP, but
a permanent
burn ban would make it illegal as of
July, if the proposal gets adopted.
Archive photo by Mindi LaRose |
According to Dic Gribbon, an inspector for the Puget
Sound Clean Air Agency (PSCAA), state law requires
banning of land-clearing and residential burning in
“any area where reasonable alternatives to burning
are available — alternatives like curb-side pick up,
grinding, chipping and composting.”
Gribbon directed his staff to send a broadcast email
to Pierce County Fire Chief Association members in
January. It reads, in part, “In recent months, Clean
Air Agency staff met with solid waste officials and
fire marshals in King, Pierce and Snohomish counties
to research the availability of alternatives. Based
on this research, we have determined that
alternatives are reasonably available throughout
these three counties. There is also widespread
support for this burn boundary expansion within the
health and fire service communities.” The ban would
not affect agricultural, forestry management,
recreational, or fire-training burning, nor burning
for emergency cleanup of storm or flood debris.
On
Jan. 15, newly elected Fire District 16 Chairman
James Bosch sent a letter to the PSCAA challenging
Gribbons’ claim of support. “Recently the Board of
Fire Commissioners of the (KPFD) have chosen to not
support your agency’s proposed rule change,” he
wrote. Bosch cited three primary obstacles: loss of
revenue (income of approximately $12,000 annually
for land-clearing burn permits/monitoring),
increased service demand, and adverse public
relations. Bosch stated that FD-16 would be forced
to make a policy change if a permanent ban becomes
regulation. (Firefighters currently respond to burn
complaints, document the action and send an invoice
for reimbursement of callout expense to the PSCAA,
which Bosch states will change with a ban.) Bosch
writes, “…All nuisance smoke complaints for land
clearing burning (would be) forwarded to your office
for investigation and enforcement.”

Local residents and
public officials discuss the proposed
burn ban at an open
house on the KP in January. Photo by
Chris Fitzgerald |
In
an interview with the KP News, FD-16 Operations
Division Chief Guy Allen voiced the same objections.
Referring to firefighters and equipment now being
used to “essentially do the work of the PSCAA for
them,” he said burn-related complaints currently
account for some 200 events annually. If a ban
became regulation, he fears firefighters would be
caught in the middle, playing policemen to enforce
agency regulations on an even greater scale.
Allen anticipates the regulation will pass, however.
He said it first was proposed in January 2000, later
resurfacing as a proposal at least two other times
in the last seven years. Asked what landowners can
do if they have land in need of clearing, he said,
“Act now. Get it done before July 1. There is no
grandfather clause, no grace period, or allowance
for recently logged land that has yet to be
cleared.”
Puget Sound Clean Air Agency
The
PSCAA is a special-purpose regional agency created
in 1967; its sole jurisdiction lies in King, Kitsap,
Pierce, and Snohomish counties. The agency is
governed by a board of directors and an advisory
council, which includes representatives from all
four counties, Tacoma-Pierce county health and solid
waste departments, and Pierce County Planning and
Land Services. The member-at-large for the Key
Peninsula is Marina Cofer-Wildsmith, who resides on
Bainbridge Island and is the former executive
director for the Washington chapter of the American
Lung Association. PSCAA works in partnership with
the federal Environmental Protection Agency and
state Department of Ecology. Its mission reads, “We
work together to clean the air we breathe and
protect our climate through education, incentives
and enforcement.”
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Don’t get burned!
(Information from Puget Sound Clean
Air Agency)
Fines for illegal fires typically start
at $2,000 plus the cost to reimburse the
fire department for its response
efforts; repeat offender fines can top
out at $15,000. Some alternatives to
burning:
Curb it - Sign up for curbside recycling
service for yard waste, or self-haul to
a nearby recycling facility.
Chip it - Hire a professional chipping
service or rent or buy your own chipper
to munch larger branches and other woody
debris into a great mulch.
Compost it - Convert dead leaves and
grass clippings into healthy food for
your shrubs.
In addition to local restrictions, state
regulations apply to outdoor fires:
Stay clear of structures. Check with
your local fire department regarding
setback requirements.
Fuel it right. The following materials
may not be burned in any outdoor fire:
garbage, dead animals, asphalt,
petroleum products, paints, rubber
products, plastics, paper (other than
what is necessary to start a fire),
cardboard, treated wood,
construction/demolition debris, metal,
or any substance (other than natural
vegetation) that releases toxic
emissions, dense smoke, or obnoxious
odors when burned.
Stand guard and extinguish. A person
capable of extinguishing the fire must
attend it at all times, and the fire
must be extinguished before leaving it.
Mind the ban. Outdoor fires are always
prohibited during air-quality burn bans.
Abandon the barrel. The use of burn
barrels is illegal throughout the state.
Be a good neighbor. It is always illegal
to smoke out your neighbor. If smoke
from your fire bothers your neighbors,
damages their property or otherwise
causes a nuisance, you must immediately
put it out.
Contact the local fire district to find
out if outdoor fires are allowed and
about permit and other local
requirements. |
The
agency is mandated to monitor air pollution by
federal and state Clean Air Acts in these four
counties that comprise, according to its data, 6,300
square miles, and over half the state’s population.
The proposed burn ban does not extend to Kitsap
County.
Open house held
On
Jan. 8, the PSCAA held one of five regionwide open
houses at the Key Peninsula Lutheran Church, where
representatives from Pierce County health and solid
waste agencies were also present. Alice Collingwood,
communications manager for PSCAA, explained in an
interview that representatives from the four
counties do an assessment of their jurisdictions
every three years. Last summer they “floated the
idea” of a permanent burn ban and concluded there
were “generally enough” alternative resources
available in the counties to preclude burning. Of
the four jurisdictions, only Kitsap County was found
to fall below the population density calling for
burning regulations. That the peninsulas of Pierce
County were sparsely populated and rurally-zoned was
not considered when applying the county standard.
Collingwood said if the board approves the ban, “We
will spend the next two years developing more
options (for individuals to recycle creatively).”
She said the DOE was drafting a report illustrating
how other communities had initiated workable
alternatives to outdoor burning, and hoped it would
soon be available.
Both Bosch and Allen express concerns for citizen
response at the polls if the regulation is enacted —
increased 911 nuisance calls leave less time for an
already-stretched fire district to respond to true
emergency events, eat into a tight budget, nibble
away at programs already pared down. Bosch wrote in
his letter, “What is clear is that the relationship
between (KP) citizens and the Fire Department could
be damaged when the Fire Department participates in
enforcement actions.” Bosch’s final statements seem
to sum up comments heard at the January open house:
“It is difficult to validate this position of
banning outdoor burning within the rural setting of
the KP while our rural neighbors, Kitsap and Mason
counties, do not have similar bans in place.”
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Comments on the proposed rule change can
be sent to
outdoorburningcomments@pscleanair.org
or by postal mail. A public hearing on
the proposed rule change will be held on
Thursday, Feb. 28, at the Seattle Public
Library’s Microsoft Auditorium, at 9:15
a.m. A copy of the proposed rule and
other documents are available at
www.pscleanair.org
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Written citizen comment at the open
house was minimal, although conversation
was lively and nearly all those present
opposed the proposed regulation. Below
are some excerpts of the comments,
provided by PSCAA at the request of the
KP News:
Michael Southern, Vaughn: “I take
exception to a countywide ban on
burning…better idea to regulate burning
by fire district… money would be better
spent on setting up a whistle blower
program to catch the few…burning trash
and causing the problem.”
Kip Clinton, Lakebay: “I support
restrictions on times [when] burning is
allowed (not in summer when it is dry or
when an inversion) but it should be
allowed at other times. Please do not
pass this ridiculous and impossible
regulation.”
Joe Rein, Gig Harbor: “Debris which is
discarded could be fire danger…this will
cause more dumping problem and fire
hazards.”
Anonymous: “We do not want any
restriction imposed by the Puget Sound
Air Pollution Agency. It is an illegal
organization because we cannot vote for
the leaders of the board. It cannot be
cost effective to impose bans. Way too
many fires will be exempt, therefore not
effective.” |