§ 70.94.477. Limitations on use of solid fuel burning devices
(1) Unless allowed by rule, under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum products;
(h) Paints; or
(i) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
(2) For the sole purpose of a contingency measure to meet the requirements of section 172(c)(9) of the federal clean air act, a local authority or the department may prohibit the use of solid fuel burning devices, except fireplaces as defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, if the United States environmental protection agency, in consultation with the department and the local authority makes written findings that:
(a) The area has failed to make reasonable further progress or attain or maintain a national ambient air quality standard; and
(b) Emissions from solid fuel burning devices from a particular geographic area are a contributing factor to such failure to make reasonable further progress or attain or maintain a national ambient air quality standard.
A prohibition issued by a local authority or the department under this subsection shall not apply to a person in a residence or commercial establishment that does not have an adequate source of heat without burning wood.
[1995 c 205 § 2; 1990 c 128 § 3; 1987 c 405 § 9.]
Notes:
Severability -- 1987 c 405: See note following RCW 70.94.450.
Sections: Previous 70.94.457 70.94.460 70.94.463 70.94.467 70.94.470 70.94.473 70.94.475 70.94.477 70.94.480 70.94.483 70.94.488 70.94.505 70.94.510 70.94.521 70.94.524 Next
Last modified: April 7, 2009