340-264-0010 How to Use These Open Burning Rules (1) This division classifies all open burning into one of seven classes: Agricultural; Commercial; Construction; Demolition (which includes land clearing); Domestic (which includes burning commonly called "backyard burning" and burning of yard debris); Industrial; or Slash. Except for field burning within the Willamette Valley regulated through OAR 340 division 266 and slash burning administered by the forest practices smoke management plan of the Oregon Department of Forestry, this division prescribes requirements for and prohibitions of open burning for every location in the state. Generally, if a class of open burning is not specifically prohibited in a given location, then it is authorized subject to OAR 340-264-0050 and 340-264-0060 and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. In addition, some practices specifically mentioned in OAR 340-264-0040 are exempted from this division. (2) Organization of rules: (a) OAR 340-264-0020 is the Policy statement of the EQC setting forth the goals of this division; (b) OAR 340-264-0030 contains definitions of terms that have specialized meanings within the context of this division; (c) OAR 340-264-0040 lists specific types of open burning and practices that are not governed by this division; (d) OAR 340-264-0050 lists general requirements that usually apply to any open burning governed by this division; (e) OAR 340-264-0060 lists general prohibitions that apply to most open burning; (f) OAR 340-264-0070 establishes the open burning schedule based on air quality and meteorological conditions as required by ORS 468A.570; (g) OAR 340-264-0075 allows the delegation of some or all of the open burning authority to be administered by a local jurisdiction; (h) OAR 340-264-0078 contains the legal description of Open Burning Control Areas and maps that generally depict these areas; (i) OAR 340-264-0080 indexes each county of the state to a specific rule giving specific restrictions for each class of open burning applicable in the county; (j) OAR 340-264-0100 through 340-264-0170 are rules that give specific restrictions to open burning for each class of open burning in the counties named in each rule; (k) OAR 340-264-0180 provides for a letter permit authorization for open burning under certain circumstances in which open burning otherwise would be prohibited. (3) Use of this division will be made easier by the following procedure: (a) Read OAR 340-264-0050 and 340-264-0060 to understand general requirements and prohibitions that apply to all burning governed by this division; (b) In OAR 340-264-0030 read the definitions of Agricultural, Commercial, Construction, Demolition, Domestic and Industrial open burning plus the definitions of land clearing and yard debris to determine the type of burning of concern. Also read 340-264-0040 to determine if the type of burning is exempted from this division; (c) Locate the rule in OAR 340-264-0100 through 340-264-0170 that governs the county in which burning is to take place. OAR 340-264-0090 is an index to the county rules; (d) Read the sections of the county rules that apply to the type of burning to be accomplished; (e) If not prohibited by this division, obtain a fire permit from the fire district, county court or county commissioners before conducting any burning; (f) If the type of burning proposed is prohibited by this division, refer to OAR 340-264-0180, Letter Permits, for a possible alternative. NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040. Statutory/Other Authority: ORS 468.020, 468A.025, 468A.575 & 468A.595 Statutes/Other Implemented: ORS 468A.025, 468A.555 - 468A.620, 477.515 & 477.520 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 21-2000, f. & cert. ef. 12-15-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0022 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 27-1981, f. & ef. 9-8-81