41.11.070 Unlawful dumping, depositing, or burning.
(1) Violation and Exemption. It shall be a violation of this chapter for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of the State except at a facility that is permitted to accept the solid waste:
(a) Provided, that this chapter does not apply to the facilities, activities and wastes cited in WAC 173-350-020 when those facilities, activities and wastes are in compliance with applicable standards and legal requirements, and there has not been a violation of the performance standards as discussed in WAC 173-350-040, or a health hazard or nuisance has not been created.
(b) The exemptions in subsection (1)(a) of this section that may be applied to single-family residences or family farms is limited to 12 cubic feet for any single-family residence lot or 12 cubic yards per five acres on acreage tracts to accumulate no more than 25 cubic yards.
(c) If any owner or operator of any solid waste facility or exempt facility or activity as cited in WAC 173-350-020 fails to comply with the performance standards in WAC 173-350-040, the Health Officer may initiate any action authorized by or cited in this chapter.
(2) Presumption. Whenever solid waste dumped in violation of subsection (1) of this section contains three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the unlawful act of solid waste dumping.
(3) Burning of Solid Waste Prohibited.
(a) It shall be a violation of this chapter for any person to burn solid waste resulting in violation of Chapter 173-425 WAC and the regulations of the Olympic Region Clean Air Agency. It shall be a violation of this chapter for any person to cause or allow any open fire containing prohibited materials which include but are not limited to: garbage, dead animals, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, processed wood, construction debris, metal or any substance which when burned releases toxic emissions, dense smoke or obnoxious odors.
(b) This section shall not apply to fires that are started and burned as part of a firefighting instructional fire as stated in WAC 173-425-050(1)(a) and (b).