Current through Register Vol. 24-18, September 15, 2024
(1) Forest debris or mill waste
dumped in the following manner on or near forest land shall
constitute a forest fire hazard and require a dumping permit:
(a) Piles of fifty cubic yards or
more; or
(b) Two or more
piles totaling fifty cubic yards or more, less than three hundred
feet apart; or
(c) A pile
less than three hundred feet from a pile placed by another where such
piles would total fifty cubic yards or more; or
(d) When dumped adjacent to piles
of fifty cubic yards or more which were in existence before August 9,
1971; or
(e) When dumped
in smaller quantities or greater distances than above when such
dumpings are likely to support, intensify or further spread the fire,
thereby threatening forest land and/or endangering life or property;
however forest debris accumulated on forest land from logging or
silvicultural activities on the land on which such activities took
place, or activities regulated by
RCW 76.04.650, shall not
be subject to the permit requirement of this section, except when
forest debris accumulated on land clearing or right of way projects
subject to
RCW 76.04.650 is taken
away from such areas and dumped.
(2) No person shall dump or cause
to be dumped a forest fire hazard on or threatening forest land
without first obtaining a written permit from the department.
(a) Any person having legal
authority to dump mill waste from forest products or forest debris,
on the described property, shall make application to the department
or authorized employees for a permit to do so. The application shall
state and include:
(i) The
location;
(ii) The
approximate quantity to be dumped;
(iii) A description of the material
to be dumped;
(iv) A map
illustrating the proposed dump site;
(v) The name of the person by whom
the dumping is to be done.
(b) Upon receipt of an application,
the department will inspect the area described in the application.
The department, in issuing the permit, may impose conditions in such
permit to prevent the creation of a forest fire hazard.
(c) In situations as outlined in
subsection (1)(e) of this section, the department may notify the
appropriate persons, and such person or persons shall be required to
obtain a permit for the continued existence of the dumping of such
fire hazard. This permit is required to ensure that such dumping does
not create a forest fire hazard and outlines required terms and
conditions to eliminate or abate any forest fire hazard that may be
created by dumping.
(d) A
dumping permit shall be effective only under the conditions and for
the period stated therein. The department shall have the authority to
rescind a permit upon failure to comply with any of the conditions or
terms.
(3) Any
person who dumps such mill waste or forest debris, without a permit
or in violation of a permit, is guilty of a gross misdemeanor and
subject to the penalties for a gross misdemeanor under
RCW 9A.20.021 and may
further be required to remove all materials dumped.
Statutory Authority:
RCW 76.04.015. 87-11-005
(Order 504), § 332-24-261, filed
5/8/87.
