The Board of Directors of the Tulalip Tribes declares it to be public policy of the Department to control and reduce air pollution caused by wood-stove emissions. It is the Department’s policy to reduce woodstove emissions by encouraging the continued efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and desirability of achieving better emission performance and heating efficiency from woodstoves. It is further the policy of the Board to encourage the replacement of uncertified wood-stoves with cleaner sources of heat.
The Board encourages cities and towns within its jurisdiction to adopt woodsmoke control programs including enhanced public education and abatement ordinances and to assist in the enforcement of this chapter during declared air quality episodes and periods of impaired air quality. Nothing in this chapter shall be construed to impair the right of any city or town to adopt and enforce woodsmoke abatement ordinances.
(Ord. 96 § 7.01, 6-7-1997 (Res. 97-0118))
(1) 
It shall be unlawful for any person to cause or allow the emission of any air contaminant from any solid fuel burning device for a period or periods aggregating more than three minutes in any one hour, which is:
(a) 
Darker in shade than that designated as No. 1 (20 percent density) on the Ringelmann Chart, as published by the United States Bureau of Mines; or
(b) 
Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke described in subsection (1)(a) of this section.
(2) 
This section shall not apply when the presence of uncombined water is the only reason for the failure of the emission to meet the requirements of this section.
(Ord. 96 § 7.03, 6-7-1997 (Res. 97-0118))
A person shall not cause or allow any of the following materials to be burned in a solid fuel burning device:
(1) 
Garbage;
(2) 
Treated wood;
(3) 
Plastics;
(4) 
Rubber products;
(5) 
Animals;
(6) 
Asphaltic products;
(7) 
Waste petroleum products;
(8) 
Paints; or
(9) 
Any substance, other than properly seasoned fuel wood, or coal with sulfur content less than one percent by weight burned in coal stoves, which normally emits dense smoke or obnoxious odors.
(Ord. 96 § 7.04, 6-7-1997 (Res. 97-0118))
Any person in a residence or commercial establishment that has an adequate source of heat without using a burning device shall:
(1) 
Not use any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or United States Environmental Protection Agency certified or a pellet stove 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, for the period of time that a first stage of impaired air quality has been declared for that area.
(2) 
Not use any solid fuel burning device for the period of time that a second stage of impaired air quality has been declared for that area.
(3) 
Compliance with the above solid fuel burning device curtailment rules may be enforced after a time period of three hours has elapsed from the time of declaration of impaired air quality. Smoke visible from a chimney, flue, or exhaust duct shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device.
(Ord. 96 § 7.05, 6-7-1997 (Res. 97-0118))