Washington State Department of Ecology

Department of Ecology News Release

FOR IMMEDIATE RELEASE - Sept. 7, 1999

99-176

Contact: Joye Redfield-Wilder, public information manager, (509) 575-2610

Ecology reissues penalty for illegal garbage fire

YAKIMA - A penalty of $22,000 has been reissued for an illegal garbage fire that burned for 46 days in Chelan County last winter. The penalty was temporarily rescinded this spring due to a calculation error in the original notice.

The Washington Department of Ecology (Ecology) issued the penalty to Earl Burts for the fire that burned from Dec. 5, 1998, to Jan. 19, 1999, in a steep ravine on Fairview Canyon Road near the town of Monitor. Inspectors found Burts illegally burned tin cans, painted wood, various metals, plastics and other items that emit toxic pollutants. According to state law, only natural vegetation may be burned in outdoor fires.

The original penalty notice said the fire burned for 56 days, instead of 46 days, said an Ecology official.

"But the facts in the case remain the same," explained Donna Smith, with Ecology's Air program. "Also, Mr. Burts was given an opportunity to provide information and evidence to influence our decision on the penalty amount. We met with him to discuss the incident, but no new information was revealed."
Responding to complaints that smoke from the fire was entering neighbors' homes and causing adverse health affects, Ecology inspectors visited the Burts' property three times and informed the owner the fire was illegal and must be extinguished.
Since 1991, Burts has been cited several times for burning prohibited materials and emitting smoke that affected nearby homes and businesses.
"Over the years, Ecology has tried to work with Mr. Burts to prevent such fires from recurring," Smith noted. "But when repeated incidents occur, such violations are taken seriously and a penalty is likely to follow."

Burts may appeal the penalty to the Pollution Control Hearings Board.