340-264-0050 General Requirements Statewide This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, order or decree of the EQC or other agency having jurisdiction: (1) The following persons are considered a responsible person for open burning in violation of this rule: (a) Each person who is in ownership, control or custody of the real property on which open burning occurs, including any tenant thereof; (b) Each person who is in ownership, control or custody of the material that is burned; and (c) Any person who causes or allows open burning to be initiated or maintained. (d) For purposes of this rule, a public agency in its official capacity that has issued the permit for burning is not considered a responsible person. (2) A responsible person, or an expressly authorized agent, must constantly attend all open burning. This person must be capable of and have the necessary equipment for extinguishing the fire. This person also must completely extinguish the fire before leaving it. (3) A responsible person must promptly extinguish any burning that is in violation of any rule of the Commission or of any permit issued by DEQ, unless DEQ has given written approval to such responsible person to use auxiliary combustion equipment or combustion promoting materials to minimize smoke production, and the responsible person complies with the requirements in the written approval. However, nothing in this section authorizes any violation of OAR 340-264-0060(2) or (3). (4) To promote efficient burning and prevent excessive emissions of smoke, a responsible person must: (a) Assure that all combustible material is dried to the extent practicable. This includes covering the combustible material when practicable to protect the material from moisture in any form, including precipitation or dew. However, nothing in this section authorizes any violation of OAR 340-264-0060(2) or (3); (b) Loosely stack or windrow the combustible material to eliminate dirt, rocks and other noncombustible material and promote an adequate air supply to the burning pile, and provide the necessary tools and equipment to accomplish this; (c) Periodically re-stack or feed the burning pile, insure that combustion is essentially completed and smoldering fires are prevented, and provide the necessary tools and equipment to accomplish this. (5) Notwithstanding OAR 340-264-0040(4), each person sanitizing perennial or annual grass seed crops by open burning in counties outside the Willamette Valley must pay DEQ $4 for each acre burned: (a) DEQ may contract with counties, rural fire protection districts, or other responsible individuals for the collection of the fees; (b) All fees collected under this section must be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund. (6) Open burning in compliance with this division does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order, or decree of this or any other governmental entity having jurisdiction. (7) If any commercial, construction, or demolition debris burning allowed in OAR 340-264-0100 through 340-264-0170 violates 340-264-0060(2), the open burning must be immediately extinguished. Any future burning of this material or similar material by the responsible person is prohibited unless DEQ issues a letter permit pursuant to 340-264-0180. 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 340-023-0040 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 6-1992, f. & cert. ef. 3-11-92 DEQ 27-1981, f. & ef. 9-8-81 DEQ 23-1979, f. & ef. 7-5-79 DEQ 123, f. & ef. 10-20-76