| Field burning west of Eltopia, Washington |
By law, in Washington State, those who contribute to pollution are required to share the job of protecting air quality. (Clean Air Act of 1991, Chapter 70.94 RCW). Here are seven facts from the Department of Ecology concering agricultural burning:.
Question 1: Franklin County has been declared a “right to farm” county. Doesn’t that mean that my neighbor has the right to burn his fields?
Fact 1: No. Not necessarily. As the state’s Air Quality web page notes: “While it is legal to burn for approved agronomic reasons with a permit, it is not legal to allow smoke to impact others.”
If your neighbor’s smoke is going to impact another neighbor, especially if is liable to make them ill, he may not burn.
Question 2: Are the revised laws picking on farmers?
Fact 2: No. The comprehensive revision of the state's air pollution laws “affects not just agriculture, but many other commercial, individual and governmental activities.”
Question 3: What about crop residues? Farmers say they need to reduce excess plant materials and hinder pest infestations.
Fact 3: They may burn crop residues if it is not impacting other people, but they must have a permit to burn.
Question 4: What about orchards? Is a permit required to burn pruning waste and old trees that must be removed?
Fact 4: Yes, one must obtain a permit for any and all agricultural burning, but one may not burn if that burning impacts others.
Question 5: I live where they grow cereal crops, wheat, barley, corn and oats. Can they burn stubble after harvest?
Question 1: Franklin County has been declared a “right to farm” county. Doesn’t that mean that my neighbor has the right to burn his fields?
Fact 1: No. Not necessarily. As the state’s Air Quality web page notes: “While it is legal to burn for approved agronomic reasons with a permit, it is not legal to allow smoke to impact others.”
If your neighbor’s smoke is going to impact another neighbor, especially if is liable to make them ill, he may not burn.
Question 2: Are the revised laws picking on farmers?
Fact 2: No. The comprehensive revision of the state's air pollution laws “affects not just agriculture, but many other commercial, individual and governmental activities.”
Question 3: What about crop residues? Farmers say they need to reduce excess plant materials and hinder pest infestations.
Fact 3: They may burn crop residues if it is not impacting other people, but they must have a permit to burn.
Question 4: What about orchards? Is a permit required to burn pruning waste and old trees that must be removed?
Fact 4: Yes, one must obtain a permit for any and all agricultural burning, but one may not burn if that burning impacts others.
Question 5: I live where they grow cereal crops, wheat, barley, corn and oats. Can they burn stubble after harvest?
Fact 5: As with all agricultural burning, they must obtain a permit to burn this waste, and they may not burn it if it impacts other people.
Question 6: How do I know whether it is a legal burn day?
Fact 6: “To help reduce smoke-related environmental and health concerns, the Department of Ecology's Eastern Washington Burn Team makes a daily burn/no-burn decision called the "burn call" for agricultural burning permit holders. The burn call provides daily current and forecasted air quality conditions and burn decisions to citizens. You can get burn call information at the daily burn call web site
Question 7: Who has the responsibility of protecting air quality in the state of Washington?
Answer 7: We all do, but those who burn have a special responsibility under the Clean Air Act. “The Clean Air Washington Act of 1991 (Chapter 70.94 RCW) states that those who contribute to air pollution will share the job of protecting air quality.”
Other information: Are there any liability issues for those burning for agronomic reasons so long as they have a permit?
Answer: One would think so. You may need to consult an attorney, but the Department of Ecology web site provides this warning to those who burn: “The agricultural burning of field crop residue and orchard tear-out residue can directly impact the safety and health of citizens breathing the smoke-filled air. It also states that they may not burn if it will impact others. See ‘Chapter 173-430 WAC – Agricultural Burning’ for more information.
Source: http://www.ecy.wa.gov/programs/air/aginfo/dailyburncallpage.htm
Do you need to register a complaint about air quality? It’s easy! Go to this link: http://fcwaq.blogspot.com/2011/10/how-do-i-complain-about-air-pollution.html