justicedao/ipfs_state_laws huggingface dataset:
340-264-0060 General Prohibitions Statewide This rule applies to all open burning, unless expressly limited by any other rule, regulation, permit, ordinance, or order or decree of the EQC or other agency having jurisdiction: (1) The following persons are strictly liable 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. (2) No person may cause or allow to be initiated or maintained any open burning that creates a nuisance or a hazard to public safety. (3) No person may cause or allow to be initiated or maintained any open burning of any wet garbage, plastic, asbestos, wire insulation, automobile part, asphalt, petroleum product, petroleum treated material, rubber product, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or noxious odors. (4) No person may cause or allow to be initiated or maintained any open burning of any material in any part of the state on any day or at any time if DEQ has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality conditions pursuant to OAR 340-264-0070. (5) No agency may issue any fire permit authorizing any open burning of any material at any location on any day or at any time if DEQ has notified the State Fire Marshal that such open burning is prohibited because of meteorological or air quality conditions. If an agency issues a permit in violation of this rule, the permit does not excuse any person from complying with this section. (6) No person may cause or allow to be initiated or maintained any open burning authorized by this division during hours other than specified by DEQ. (7) No person may cause or allow to be initiated or maintained any open burning at any solid waste disposal site unless authorized by a Solid Waste Permit issued pursuant to OAR 340-093-0050. (8) No person may cause or allow to be initiated or maintained any open burning of debris removed from the property of origin unless the person receives a letter permit pursuant to OAR 340-264-0180. A letter permit is not required to burn agricultural waste removed from the property of origin provided the waste remains under control of the same responsible person. 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 459.205, 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 340-023-0042 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 10-1984, f. 5-29-84, ef. 6-16-84 DEQ 27-1981, f. & ef. 9-8-81
340-264-0075 Delegation of Authority Whenever DEQ finds that any city, county, fire protection district, forest protection district or state agency is capable of effectively administering the issuance and/or enforcement of permits under any or all of the open burning authority outlined within this division and is desirous of doing so, DEQ may delegate powers necessary for the issuance and/or enforcement of open burning permits to that entity. DEQ, upon finding that the entity is not effectively administering the program, may withdraw such delegation. 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.575 Statutes/Other Implemented: ORS 468A.575 History: DEQ 7-2015, f. & cert. ef. 4-16-15 DEQ 21-2000, f. & cert. ef. 12-15-00
340-264-0080 County Listing of Specific Open Burning Rules Except as otherwise provided, in addition to the general requirements and prohibitions listed in OAR 340-264-0050 and 340-264-0060, specific prohibitions of agricultural, commercial, construction, demolition, domestic, and industrial open burning are listed in separate rules for each county. The following list identifies the rule containing prohibitions of specific types of open burning applicable to a given county: (1) Baker County — OAR 340-264-0100. (2) Benton County — OAR 340-264-0110. (3) Clackamas County — OAR 340-264-0120. (4) Clatsop County — OAR 340-264-0100. (5) Columbia County — OAR 340-264-0150. (6) Coos County — OAR 340-264-0170. (7) Crook County — OAR 340-264-0100. (8) Curry County — OAR 340-264-0100. (9) Deschutes County — OAR 340-264-0100. (10) Douglas County — OAR 340-264-0170. (11) Gilliam County — OAR 340-264-0100. (12) Grant County — OAR 340-264-0100. (13) Harney County — OAR 340-264-0100. (14) Hood River County — OAR 340-264-0100. (15) Jackson County — OAR 340-264-0170. (16) Jefferson County — OAR 340-264-0100. (17) Josephine County — OAR 340-264-0170. (18) Klamath County — OAR 340-264-0175. (19) Lake County — OAR 340-264-0100. (20) Lane County — OAR 340-264-0160. (21) Lincoln County — OAR 340-264-0100. (22) Linn County — OAR 340-264-0110. (23) Malheur County — OAR 340-264-0100. (24) Marion County — OAR 340-264-0110. (25) Morrow County — OAR 340-264-0100. (26) Multnomah County — OAR 340-264-0130. (27) Polk County — OAR 340-264-0110. (28) Sherman County — OAR 340-264-0100. (29) Tillamook County — OAR 340-264-0100. (30) Umatilla County — OAR 340-264-0100. (31) Union County — OAR 340-264-0100. (32) Wallowa County — OAR 340-264-0100. (33) Wasco County — OAR 340-264-0100. (34) Washington County — OAR 340-264-0140. (35) Wheeler County — OAR 340-264-0100. (36) Yamhill County — OAR 340-264-0110. 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 10-2012, f. & cert. ef. 12-11-12 DEQ 21-2000, f. & cert. ef. 12-15-00 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0045 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 27-1981, f. & ef. 9-8-81 DEQ 8-1981(Temp), f. & ef. 3-13-81 DEQ 7-1981(Temp), f. & ef. 2-17-81 DEQ 1-1981(Temp), f. & ef. 1-9-81 DEQ 23-1979, f. & ef. 7-5-79 DEQ 123, f. & ef. 10-20-76
340-264-0150 Columbia County Open burning requirements for Columbia County: (1) Industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180. (2) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (3) Commercial open burning is prohibited unless authorized pursuant to OAR 340-264-0180. (4) Construction and demolition open burning: (a) Unless authorized pursuant to OAR 340-264-0180, construction and demolition open burning is prohibited within three miles of the open burning control areas of Clatskanie, Rainier, St. Helens, Scappoose, and Vernonia and any other area that meets the standard in OAR 340-264-0078(1); (b) Construction and demolition open burning is allowed in all other parts of Columbia County 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. (5) Domestic open burning is allowed 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. (6) Slash burning on forest land within 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. 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 340-023-0080 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 27-1981, f. & ef. 9-8-81
340-264-0170 Coos, Douglas, Jackson and Josephine Counties Open burning requirements for Coos, Douglas, Jackson and Josephine Counties: (1) Open burning control areas: (a) The Coos Bay open burning control area, as described in OAR 340-264-0078(2) and generally depicted in Figure 3 Coos Bay Open Burning Control Area of OAR 340-264-0078, is located in Coos County; (b) The Umpqua Basin open burning control area, as described in OAR 340-264-0078(4), and generally depicted in Figure 5 Umpqua Basis Open Burning Control Area of OAR 340-264-0078, is located in Douglas County; (c) The Rogue Basin open burning control area, as described in OAR 340-264-0078(3) and generally depicted in Figure 4 Rogue Basin Open Burning Control Area of OAR 340-264-0078, is located in Jackson and Josephine Counties. (2) Industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180. (3) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (4) Commercial open burning is prohibited within the Coos Bay, Umpqua Basin and Rogue Basin open burning control areas and within three miles of the corporate city limits of Coquille, Reedsport and other areas that meet the standard in OAR 340-264-0078(1), unless authorized pursuant to 340-264-0180. Commercial open burning is allowed in all other areas of these counties subject to 340-264-0050, 340-264-0060 and 340-264-0070 and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (5) Construction and demolition open burning is prohibited within the Coos Bay, Umpqua Basin and Rogue Basin open burning control areas and within three miles of the corporate city limits of Coquille, Reedsport and other areas that meet the standard within OAR 340-264-0078(1), unless authorized pursuant to 340-264-0180. Construction and demolition open burning is allowed in other areas of these counties subject to 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (6) Domestic open burning is allowed subject to OAR 340-264-0050, 340-264-0060, 340-264-0070 and section (7), and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (7) Slash burning on forest land within 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, 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 340-023-0090 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 21-1991, f. & cert. ef. 11-13-91 DEQ 27-1981, f. & ef. 9-8-81
340-264-0175 Klamath County Open burning requirements for Klamath County: (1) Open burning control areas: The Klamath Basin open burning control area as generally described in OAR 340-264-0078(6) and depicted in Figure 6 is located in Klamath County. (2) Industrial open burning is prohibited unless authorized pursuant to OAR 340-264-0180. (3) Agricultural open burning is allowed subject to OAR 340-264-0050(5) and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (4) Commercial open burning is prohibited within the Klamath Basin open burning control areas and within three miles of the corporate city limits of other areas that meet the standard in OAR 340-264-0078(1), unless authorized pursuant to 340-264-0180. Commercial open burning is allowed in all other areas of this county subject to 340-264-0050, 340-264-0060 and 340-264-0070 and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (5) Construction and Demolition open burning is prohibited within the Klamath Basin open burning control areas and within three miles of the corporate city limits of other areas that meet the standard within OAR 340-264-0078(1), unless authorized pursuant to 340-264-0180. Construction and Demolition open burning is allowed in other areas of these counties subject to 340-264-0050, 340-264-0060 and 340-264-0070, and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (6) Domestic open burning is allowed subject to OAR 340-264-0050, 340-264-0060, 340-264-0070 and section (7) of this rule, and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. (7) Slash burning on forest land within 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: The figures referenced in this rule are not printed in the OAR Compilation. Copies 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. 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 10-2012, f. & cert. ef. 12-11-12
340-266-0010 Introduction (1) Except for the fee in OAR 340-266-0140, this Division applies to the open field burning, propane flaming, and stack burning of all perennial and annual grass seed and cereal grain crops, and associated residue within Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties, herein referred to as the Willamette Valley. It also includes rules pertaining to fees for open field burning of perennial and annual grass seed crops in counties outside the Willamette Valley. Enforcement procedure and civil penalties for open field burning, propane flaming, and stack burning can be found in OAR chapter 603, division 077 and chapter 340, division 12. (2) Organization of rules: (a) OAR 340-266-0020 is the policy statement of the Environmental Quality Commission setting forth the goals of this Division; (b) OAR 340-266-0030 contains definitions of terms which have specialized meanings within the context of this Division; (c) OAR 340-266-0040 lists general provisions and requirements pertaining to all open field burning, propane flaming, and stack burning with particular emphasis on the duties and responsibilities of the grower registrant; (d) OAR 340-266-0050 lists procedures and requirements for registration of acreage, issuance of permits, collection of fees, and keeping of records, with particular emphasis on the duties and responsibilities of the local permit issuing agencies; (e) OAR 340-266-0060 establishes acreage limits and methods of determining acreage allocations; (f) OAR 340-266-0065 establishes special provisions pertaining to “emergency open burning”. (g) OAR 340-266-0070 establishes criteria for authorization of open field burning, propane flaming, and stack burning pursuant to the administration of a daily smoke management control program; (h) OAR 340-266-0075 establishes special provisions pertaining to areas where field burning is either prohibited or restricted. (i) OAR 340-266-0080 establishes special provisions pertaining to field burning by public agencies for official purposes, such as "training fires"; (j) OAR 340-266-0090 establishes special provisions pertaining to "preparatory burning"; (k) OAR 340-266-0100 establishes special provisions pertaining to open field burning for experimental purposes; (l) OAR 340-166-0110 establishes special provisions pertaining to emergency cessation of burning; (m) OAR 340-266-0120 establishes special provisions pertaining to propane flaming; (o) OAR 340-266-0130 establishes special provisions pertaining to "stack burning". (p) OAR 340-266-0140 contains a requirement for fees for open field burning in counties outside of the Willamette Valley. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.555 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0001 DEQ 8-1993, f. & cert. ef. 5-11-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 11-1987, f. & ef. 6-15-87 DEQ 12-1984, f. & ef. 7-13-84 DEQ 5-1984, f. & ef. 3-7-84
340-266-0020 Policy In the interest of public health and welfare, it is the declared public policy of the State of Oregon to reduce the practice of open field burning while developing and providing alternative methods of field sanitation and alternative methods of utilizing and marketing grass seed and cereal grain straw residues and to control, reduce, and prevent air pollution from open field burning, propane flaming, and stack burning by smoke management. In developing and carrying out a smoke management control program it is the policy of the Environmental Quality Commission: (1) To allow for field burning based on the limits specified in state law while protecting public health and welfare, recognizing: (a) The importance of flexibility and judgment in the daily decision-making process, within established and necessary limits; (b) The need for operational efficiency within and between each organizational level; (c) The need for effective compliance with all regulations and restrictions. (2) To study, develop and encourage the use of reasonable and economically feasible alternatives to the practice of open field burning. (3) To increase the degree of public safety by preventing unwanted wild fires and smoke from open field burning, propane flaming, and stack burning near highways and freeways within the State of Oregon. The Environmental Quality Commission hereby adopts by reference, as rules of the Environmental Quality Commission, OAR 837-110-0105 through 837-110-0155, the rules of the State Fire Marshal filed with the Secretary of State on November 13, 2009. These rules shall apply to that area west of the Cascade Range and south to the Douglas/Lane County lines. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.555 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0003 DEQ 14-1994, f. & cert. ef. 5-31-94 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 5-1984, f. & ef. 3-7-84
340-266-0080 Burning by Public Agencies (Training Fires) In order to promote public safety through the training of firefighting personnel, open field burning on grass seed or cereal grain acreage by a fire department or rural fire protection district is subject to the following conditions: (1) Such burning must be deemed necessary by the official local fire authority having jurisdiction, and must be conducted in a manner consistent with the primary purpose of providing training to firefighting personnel, in accordance with ORS 468A.020. (2) Such burning must be limited to the minimum number of acres and occasions reasonably needed to ensure adequate firefighting personnel training. (3) Consultation with the Department of Agriculture by the fire department or rural fire protection district is required, in order to identify the appropriate atmospheric dispersion and burning conditions for optimum smoke dispersal, to protect the public from smoke impacts. (4) No training fires shall be allowed on any acreage that is in a State Fire Marshal safety buffer zone, and any training fire being considered in a critical non-burn area, Priority Area, or Problem Field, shall comply with the requirements in subsection (3) of these rules. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.020 History: DEQ 182-2018, minor correction filed 04/16/2018, effective 04/16/2018 DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0031 DEQ 8-1993, f. & cert. ef. 5-11-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 5-1984, f. & ef. 3-7-84
340-266-0090 Preparatory Burning The Department encourages the preparatory burning of portions of selected fields to reduce or eliminate potential fire hazards and safety problems and to expedite the subsequent burning of the field. Such burning shall be consistent with smoke management considerations and subject to the following conditions: (1) Each responsible person shall limit the acres burned to the minimum necessary to eliminate potential fire hazards or safety problems but in no case exceed five acres for each burn unless specifically authorized by the Department. (2) Each responsible person conducting preparatory burning shall employ backfiring burning techniques. (3) Each responsible person conducting preparatory burning shall comply with the provisions of OAR 340-266-0040 through 340-266-0060 and 837-110-0010 through 837-110-0090. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.600 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0033 DEQ 8-1993, f. & cert. ef. 5-11-93 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 11-1987, f. & ef. 6-15-87
340-266-0100 Experimental Burning The Department may allow open field burning for demonstration or experimental purposes pursuant to the provisions of ORS 468A.620, consistent with smoke management considerations and subject to the following conditions: (1) Acreage experimentally open field burned, propane flamed, or stack burned shall not exceed 1,000 acres annually. (2) Acreage experimentally burned shall not apply to the district allocation or to the maximum annual acreage limit specified in OAR 340-266-0060(1). (3) Such burning is exempt from the provisions of 340-266-0070 but must comply with the provisions of OAR 340-266-0040 and 340-266-0050, except that the Department may elect to waive all or part of the per acre open field burning or propane flaming fee. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.620 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0035 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 11-1987, f. & ef. 6-15-87 DEQ 5-1984, f. & ef. 3-7-84
340-266-0110 Emergency Burning Cessation Pursuant to ORS 468A.610 and upon finding of danger to public health or safety, the Commission may order temporary emergency cessation of all open field burning in any area of the Willamette Valley. Statutory/Other Authority: ORS 468 & 468A Statutes/Other Implemented: ORS 468A.610 History: DEQ 8-2010, f. & cert . ef. 8-27-10 DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-026-0040 DEQ 4-1993, f. & cert. ef. 3-10-93 DEQ 5-1992, f. & cert. ef. 3-3-92 (and corrected 3-18-92) DEQ 5-1984, f. & ef. 3-7-84