340-264-0110 Benton, Linn, Marion, Polk, and Yamhill Counties Open burning requirements for Benton, Linn, Marion, Polk, and Yamhill Counties that form a part of the Willamette Valley Open Burning Control Area described in OAR 340-264-0078: (1) Industrial open burning is prohibited, except as provided in OAR 340-264-0180. (2) Agricultural open burning is allowed, subject to the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (3) Commercial open burning is prohibited, except as provided in OAR 340-264-0180. (4) Construction and Demolition open burning is allowed outside of special open burning control areas, subject to the requirements and prohibitions of local jurisdictions, the State Fire Marshal, OAR 340-264-0050, 340-264-0060 and 340-264-0070. Unless authorized pursuant to 340-264-0180, construction and demolition open burning is prohibited within special open burning control areas, including the following: (a) Areas in or within six miles of the corporate city limit of: (A) In Benton County, the City of Corvallis; (B) In Marion County, the Cities of Salem and Keizer; (C) In Polk County, the City of Salem. (b) Areas in or within three miles of the corporate city limit of: (A) In Benton County, the Cities of Albany, and Philomath; (B) In Linn County, the Cities of Albany, Brownsville, Harrisburg, Lebanon, Lyons, Mill City, Tangent and Sweet Home; (C) In Marion County the Cities of Aumsville, Gervais, Hubbard, Jefferson, Mill City, Mt. Angel, Silverton, Stayton, Sublimity, Turner and Woodburn; (D) In Polk County, the Cities of Dallas, Falls City, Independence, Monmouth and Willamina; (E) In Yamhill County, the Cities of Amity, Carlton, Dayton, Dundee, Lafayette, McMinnville, Newberg, Sheridan and Willamina. (c) Any areas that meet the test in OAR 340-264-0078(6). (5) Domestic open burning: (a) As generally depicted in Figure 1 Willamette Valley Open Burning Control Area of OAR 340-264-0078, domestic open burning is prohibited in the special open burning control areas named in section (4), except open burning of yard debris is allowed beginning March first and ending June 15th, inclusive, and beginning Oct. 1st and ending Dec. 15th, inclusive, subject to 340-264-0050 and 340-264-0060 and the requirements and prohibitions of local jurisdictions and the State Fire Marshal; (b) Domestic open burning is allowed outside of special open burning control areas named in section (4), subject to OAR 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of local jurisdictions and the State Fire Marshal; (c) No person may cause or allow to be initiated or maintained any domestic open burning other than during daylight hours, unless otherwise specified by DEQ pursuant to OAR 340-264-0070. (6) Slash burning on forest land within special open burning control areas not regulated by the Department of Forestry under the Smoke Management Program is prohibited, except as provided in OAR 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. [ED. NOTE: Figures referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 468.020, ORS 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 340-023-0060 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 6-1992, f. & cert. ef. 3-11-92 DEQ 10-1984, f. 5-29-84, ef. 6-16-84 DEQ 27-1981, f. & ef. 9-8-81