Ecology issues $40,000 burn fine

The Washington Department of Ecology has assessed a $40,000 fine to Roth Farms for allegedly burning three large, wet piles of broken bales of wheat and gras straw this spring without a permit on their farm between Farmington and Oakesdale.

Ecology spokesperson Jani Gilbert said DOE investigators observed what they deemed to be illegal burning or smoldering between April 27 and May 1, 2009.

Investigators looked into the burning after an adjacent homeowner complained to the department about smoke from the fires entering his home.

Gilbert said the neighbor reported that one of the fires was within 100 feet of his home and the smoke was in his house whether the wind was blowing or not.

Gilbert said burn piles emit fine particles that often carry toxins and carcinogenic materials. Those particles remain suspended for long periods of time and travel significant distances.

State law sets down a penalty of $10,000 per day on confirmed burning violations.

Roth Farms has 30 days to appeal the department’s penalty to the state’s Pollution Control Hearings Board.

According to Gilbert, the hearings board rarely overturns a ruling, but can reduce the amount of the penalty based on information heard in the appeal.

Often times, she said, the two sides work out a settlement agreement before the appeal goes to the hearings board.

Roth Farms did not appeal the assessment during the 30-day notice of violation period. After receiving notification, alleged offenders have 30 days to discuss with ecology extenuating circumstances that might excuse the violation.