Chapter 8.06
OUTDOOR BURNING AND AGRICULTURAL BURNING

Sections:

8.06.010    Definitions.

8.06.020    Outdoor burning.

8.06.030    Agricultural burning.

8.06.035    Incidental agricultural burning – Conditions.

8.06.040    Outdoor burning – Permission required.

8.06.050    Agricultural burning – Permission required.

8.06.055    Outdoor burning – Tumbleweeds.

8.06.060    Penalty.

8.06.010 Definitions.

For the purposes of this chapter, certain words or phrases are defined as follows:

A. “Outdoor burning” means the combustion of material of any type, excluding materials defined in “incidental agricultural burning” defined below, in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

B. “Incidental agricultural burning” means burning which is incidental to commercial agricultural activities, and includes only orchard prunings; organic debris along fence lines, irrigation or drainage ditches; or organic debris blown by wind. This term also includes outdoor burning for the purpose of disposing of tumbleweeds blown by wind.

C. “Air quality standard” means an established concentration, exposure time, and frequency of occurrence of an air contaminate or multiple contaminates in the ambient air which shall not be exceeded.

D. “Clean Air Authority” means the Yakima County Clean Air Authority. [Ord. 1898 § 1, 1995; Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]

8.06.020 Outdoor burning.

A. Commencing January 1, 1993, outdoor burning shall be permitted on weekends only; provided, that ambient air quality does not exceed State or federal standards for pollutants caused by outdoor burning. For the purposes hereof, weekends shall include Friday, Saturday or Sunday.

B. Commencing January 1, 1995, outdoor burning will be permitted only on the first and third full weekends of each month; provided, that ambient air quality does not exceed State or federal standards for pollutants caused by outdoor burning. For the purposes hereof, a full weekend means any weekend wherein Friday, Saturday and Sunday are within the same month.

C. Commencing January 1, 1996, outdoor burning will be permitted only on Friday from noon to dusk, and Saturday from noon to dusk for the first weekend of each month; provided, that ambient air quality does not exceed State or federal standards for pollutants caused by outdoor burning.

D. Commencing January 1, 1998, no outdoor burning will be permitted.

E. The schedules described above may be periodically reviewed and revised, if necessary, in order to comply with applicable air quality standards and community needs. [Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]

8.06.030 Agricultural burning.

A. Agricultural burning shall comply with all the provisions of the Washington Clean Air Act, Chapter 70.94 RCW, as now existing and hereafter amended.

B. Agricultural burning shall comply with all the regulations of the Yakima County Clean Air Authority.

C. Agricultural burning shall be authorized from daylight to dusk only.

D. Agricultural burning shall be attended at all times, and sufficient manpower and equipment available to control the fire. [Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]

8.06.035 Incidental agricultural burning – Conditions.

Each person desiring to engage in incidental agricultural burning shall give at least 24 hours’ prior notice to the Sunnyside Fire Department of the date and time of such burning. Incidental agricultural burning shall not occur during an air pollution episode or any stage of impaired air quality declared by the Clean Air Authority or other appropriate agency. Provided, that no incidental agricultural burning shall be permitted or allowed within the City limits after December 31, 2000. [Ord. 1898 § 2, 1995.]

8.06.040 Outdoor burning – Permission required.

Each person desiring to engage in outdoor burning shall inquire of the Sunnyside Fire Department or agency designated by the Sunnyside Fire Department whether outdoor burning will be allowed on the date and time requested. [Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]

8.06.050 Agricultural burning – Permission required.

A. Each person desiring to engage in agricultural burning shall obtain a written agricultural burning permit from the Yakima County Clean Air Authority or agency designated by the Yakima County Clean Air Authority.

B. Each person desiring to engage in agricultural burning shall inquire of the Sunnyside Fire Department or agency designated by the Sunnyside Fire Department whether agricultural burning will be allowed on the date and time requested. [Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]

8.06.055 Outdoor burning – Tumbleweeds.

Notwithstanding any other provisions of this chapter, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality as declared by the Clean Air Authority. Any person desiring to burn tumbleweeds in accordance with the provisions of this section shall give at least 24 hours’ prior notice to the Sunnyside Fire Department of the date and time of such burning, and shall further contact the Clean Air Authority to determine whether an air pollution episode or any stage of impaired air quality exists at the time of the proposed burning. The Sunnyside Fire Department shall approve, deny or modify such request for burning in accordance with such department’s assessment of then existing fire hazard conditions. [Ord. 1979 § 1, 1999.]

8.06.060 Penalty.

Any person who violates any provision of this chapter shall be subject to a civil penalty up to $1,500 for each separate offense. [Ord. 1801 § 1, 1992; Ord. 1791 § 1, 1992.]