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     (3) Delegation may be withdrawn if ecology or the local air authority with jurisdiction finds that the agricultural burning program is not effectively being administered or enforced.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.]