reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0101 - Introduction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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 only to fees for open field burning of perennial and
			 annual grass seed crops in the counties outside the Willamette Valley. The open
			 burning of all other agricultural waste material is governed by OAR chapter
			 340, division 264, Rules for Open Burning.
(2) Organization of rules:
(a) OAR 603-077-0103 is the policy statement
			 of the Oregon Department of Agriculture setting forth the goals of this
			 Division;
(b) OAR 603-077-0105
			 contains definitions of terms which have specialized meanings within the
			 context of this Division;
(c) OAR
			 603-077-0110 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 603-077-0112 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 603-077-0113 establishes acreage
			 limits and methods of determining acreage allocations;
(f) OAR 603-077-0115 establishes criteria for
			 authorization of open field burning, propane flaming, and stack burning
			 pursuant to the administration of a daily smoke management control
			 program;
(g) OAR 603-077-0119
			 establishes special provisions pertaining to areas where field burning is
			 either prohibited or restricted.
(h) OAR 603-077-0131 establishes special
			 provisions pertaining to field burning by public agencies for official
			 purposes, such as "training fires";
(i) OAR 603-077-0133 establishes special
			 provisions pertaining to "preparatory burning";
(j) OAR 603-077-0135 establishes special
			 provisions pertaining to open field burning for experimental
			 purposes;
(k) OAR 603-077-0137
			 establishes special provisions pertaining to burning fees outside the
			 Willamette Valley;
(l) OAR
			 603-077-0139 establishes special provisions pertaining to emergency open
			 burning;
(m) OAR 603-077-0140
			 establishes special provisions and procedures pertaining to emergency cessation
			 of burning;
(n) OAR 603-077-0145
			 establishes provisions pertaining to propane flaming;
(o) OAR 603-077-0155 establishes provisions
			 pertaining to "stack burning."
(p)
			 OAR 603-077-0165 thru 603-077-0195 establish provisions pertaining to
			 enforcement procedures and civil penalties.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0103 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
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 Department:
(1) To allow for field burning based on the
			 limits specified in state law while protecting 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.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Actively Extinguish" means the direct
			 application of water or other fire retardant to an open field fire.
(2) "Permit or "Burn Permit" or "Burning
			 Permit" means a permit issued by the Department pursuant to ORS
			 468A.575.
(3) "Candidate Fields" means all grass seed
			 or cereal grain fields being considered for open field burning or propane
			 flaming.
(4) "Commission" means the
			 Environmental Quality Commission.
(5) "Critical Nonburn Area" means the area of
			 a grass seed or cereal grain field where burning is prohibited, such as
			 underneath power transmission lines, or near a school, airport, or hospital
			 pursuant to OAR 603-077-0119. This prohibition may be permanent or for a
			 limited period of time, as provided in these rules.
(6) "Crop" means cultivated agricultural
			 plants such as grain.
(7)
			 "Cumulative Hours of Smoke Intrusion in the Willamette Valley means the average
			 of the totals of cumulative hours of smoke intrusion recorded, and has been
			 determined by the Department that open field burning, propane flaming, or stack
			 burning was a significant contributor to the smoke intrusion:
(a) The Department shall record one hour of
			 intrusion for each hour the nephelometer hourly reading exceeds a background
			 level by 1.8 x 10-4 b-scat units or more but less than the applicable value in
			 subsection (b) of this section;
(b)
			 The Department shall record two hours of intrusion for each hour the
			 nephelometer hourly reading exceeds a background level by 5.0 x 10-4 b-scat
			 units:
(c) The background level
			 shall be the average of the three hourly readings immediately prior to the
			 start of burning on the day in which the intrusion occurred.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0112 - Registration, Permits, Fees, Records

Current through Register Vol. 63, No. 7, July 1, 2024
In administering a field burning smoke management program, the
				Department may contract with counties or fire districts or any other
				responsible individual to administer registration of acreage, issuance of
				permits, collection of fees, and keeping of records for open field burning,
				propane flaming, or stack burning within their permit jurisdictions. The
				Department shall pay said authority for these services in accordance with the
				payment schedule provided for in ORS
				468A.615. Three-quarters of said
				payment shall be made prior to July 1 of each year and the remainder shall be
				paid within ten days after completion of the end of season
				reconciliation:
(1) Registration of
			 acreage:
(a) On or before April 1 of each
			 year, each grower intending to open burn or propane flame under this Division
			 shall register the total acreage to be open burned or propane flamed. Said
			 acreage shall be registered with the Department or its authorized permit agent
			 on the registration forms provided. Candidate fields for open field burning or
			 propane flaming shall be listed on the registration form and shall also be
			 delineated on specially provided registration map materials and identified
			 using a unique field reference code. Each candidate field listed state if the
			 field is located in a priority area, contains a critical non-burn area, is a
			 problem field or is being requested for emergency burning. Registration,
			 listing of fields, and mapping shall be completed according to the established
			 procedures of the Department. Fields to be registered for burning must be
			 planted in crops that can be open burned or propane flamed in the same year
			 that they are registered, and must be owned or under the control of the
			 registrant. At the time of registration, a non-refundable registration fee of
			 $4 shall be paid for each acre registered for open field burning and $2 shall
			 be paid for each acre registered for propane flaming. A complete registration
			 (permit application) shall consist of a fully executed registration form, map
			 and fee. Acreage registered by April 1 may be issued a burn permit if:
(A) Allocation is available; and
(B) The initial registration fee account has
			 a sufficient balance.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0113 - Acreage Limitations, Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Limitation of Acreage:
(a) Except for acreage and residue open field
			 burned pursuant to OAR 603-077-0135, 603-077-0139, 603-077-0140, 603-077-0145,
			 and 603-077-0155, the maximum acreage to be open field burned annually in the
			 Willamette Valley under this Division shall not exceed 15,000 acres of steep
			 terrain and "identified species" as defined in OAR 603-077-0105.
(b) Steep terrain and identified species
			 burning is prohibited in Benton and Lane Counties, and in Linn County, except
			 for portions of northeast Linn County that are east of the North Santiam River
			 and North of Jefferson-Scio Drive and Robinson Drive to the west boundary of
			 the city of Scio and north of Highway 226, and portions of northeast Linn
			 County that are east of Richardson Gap Road and north of Fish Hatchery
			 Drive.
(c) The Commission may by
			 order permit emergency open field burning, propane flaming, or stack burning of
			 up to 2,000 acres annually, in addition to the limitations on acreage specified
			 in this section. Requirements for emergency burning are specified in OAR
			 603-077-0139.
(d) The maximum
			 acreage to be propane flamed annually in the Willamette Valley under this
			 Division shall not exceed 500 acres for the years 2009, 2010, 2011, and 2012.
			 For the year 2013 and thereafter all propane flaming is prohibited.
(e) The maximum acreage to be stack burned
			 annually in the Willamette Valley under this Division shall not exceed 1000
			 acres for the years 2009, 2010, 2011, 2012. For the year 2013 and thereafter
			 all stack burning is prohibited.
(f) Other limitations on acreage allowed to
			 be open field burned are specified in OAR 603-077-0115(7), 603-077-0119,
			 603-077-0133(1), and 603-077-0135(1), 603-007-0139.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0115 - Daily Burning Authorization Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
As part of the Smoke Management Program provided for in ORS
				468A.590, the Department shall
				set forth the types and extent of open field burning, propane flaming, and
				stack burning to be allowed each day according to the provisions established in
				this section and this Division:
(1)
			 During the active burning season and on an as needed basis, the Department
			 shall announce the burning schedule over the burning radio network, or other
			 communication technology method as approved by the Department, and operated
			 specifically for this purpose or by other appropriate means. The schedule shall
			 specify the times, locations, amounts and other restrictions in effect for open
			 field burning, propane flaming, and stack burning. The Department shall notify
			 Oregon Emergency Management of the burning schedule for dissemination to
			 appropriate Willamette Valley agencies.
(2) Prohibition conditions:
(a) Prohibition conditions shall be in effect
			 at all times unless specifically determined and announced otherwise by the
			 Department;
(b) Under prohibition
			 conditions, no permits shall be issued and no open field burning shall be
			 conducted in any area except for individual burns specifically authorized by
			 the Department on a limited extent basis. Such limited burning may include
			 field-by-field burning, preparatory burning, or burning of test fires, except
			 that:
(A) No open field burning shall be
			 allowed:
(i) In any area subject to a
			 ventilation index of less than 10.0;
(ii) In any area upwind, or in the immediate
			 vicinity, of any area in which, based upon real-time monitoring, a violation of
			 federal or state air quality standards is projected to
			 occur.
(B) Only test-fire
			 burning may be allowed:
(i) In any area
			 subject to a ventilation index of between 10.0 and 15.0, inclusive, except for
			 experimental burning specifically authorized by the Department pursuant to OAR
			 603-077-0135;
(ii) When relative
			 humidity at the nearest reliable measuring station exceeds 50 percent under
			 forecast northerly winds or 65 percent under forecast southerly
			 winds.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0119 - Burning Restrictions and Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following identifies smoke management requirements for
				Priority Areas, Critical Non-Burn Areas, Fire Marshal Buffer Zones, and Problem
				Fields, where burning is either restricted or prohibited, in order to further
				protect public health and safety from smoke impacts and potential fire
				hazards:
(1) Priority Areas:
(a) The following are priority areas where
			 open field burning, propane flaming, and stack burning are restricted by the
			 Department. No priority area acreage shall be burned upwind of any city,
			 airport, Interstate freeway within the same priority area. Any burning within a
			 priority area is subject to field by field authorization of the Department.
(A) Within three miles of the city limits of
			 incorporated cities having populations of 10,000 or greater;
(B) Within three miles of the city limits of
			 the City of Lebanon;
(C) Within one
			 mile of airports servicing regularly scheduled airline flights;
(D) Areas on the west and east side of and
			 within 1/2 mile of Interstate I-5, from Portland to the Douglas/Lane County
			 lines;
(E) Areas on the west and
			 east side of and within 1/4 mile of these highways: 99, 99E, and 99W. Areas on
			 the south and north side of and within 1/4 mile of U.S. Highway 20 between
			 Albany and Lebanon, Oregon Highway 34 between Lebanon and Corvallis, Oregon
			 Highway 228 from its junction south of Brownsville to its rail crossing at the
			 community of Tulsa.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0131 - Burning by Public Agencies (Training Fires)

Current through Register Vol. 63, No. 7, July 1, 2024
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 shall be deemed necessary by the official local fire authority having
			 jurisdiction, and shall be conducted in a manner consistent with the primary
			 purpose of providing training to fire fighting personnel in accordance with ORS
			 468A.020(e)
(2) Such burning shall be limited to the
			 minimum number of acres and occasions reasonably needed to ensure adequate fire
			 fighting personnel training.
(3)
			 Consultation with the Department 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 critical non-burn area, State Fire Marshal safety buffer
			 zone, Priority Area, or on a Problem Field, and shall comply with the
			 requirements in subsection (3) of these rules.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0133 - Prepatory Burning

Current through Register Vol. 63, No. 7, July 1, 2024
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 603-077-0110
			 through 603-077-0113 and 837-110-010 through 837-110-090.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0135 - Experimental Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The Department in conjunction with the Department of
				Environmental Quality 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 603-077-0113(1)(a), (c), or
			 (d).
(3) Such burning is exempt
			 from the provisions of OAR 603-077-0115 but must comply with the provisions of
			 603-077-0110 and 603-077-0112, except that the Department may elect to waive
			 all or part of the per acre open field burning or propane flaming
			 fee.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0137 - Burning Fees Outside Willamette Valley

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with ORS
				468A.615(1)(b)
				each person open field burning perennial or annual grass seed crops in counties
				outside the Willamette Valley, shall pay the Department $8.00 for each acre
				burned.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0139 - Emergency Open Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The OARs regarding Emergency Opening Burning are defined by the
				Oregon Department of Environmental Quality in OAR 340-266-0065. If approved,
				the open field burning of the emergency burn will be conducted by the
				Department in accordance with these rules.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0140 - Emergency Burning Cessation

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				468A.610 and upon finding of
				danger to public health or safety, the Commission or the Department of
				Environmental Quality may order temporary emergency cessation of all open field
				burning in any area of the Willamette Valley.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0145 - Propane Flaming

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The use of
			 propane flamers, mobile field sanitizing devices, and other field sanitation
			 methods specifically approved by the Department are subject to the following
			 conditions:
(a) The field shall first be
			 prepared as follows:
(A) Either the field must
			 have previously been open burned and the appropriate fees paid; or
(B) The field stubble must be flail-chopped,
			 mowed, or otherwise cut close to the ground and the loose straw removed so the
			 remaining stubble will not sustain an open fire.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0155 - Stack Burning

Current through Register Vol. 63, No. 7, July 1, 2024
The open burning of piled or stacked residue from perennial or
				annual grass seed or cereal grain crops used for seed production is allowed
				subject to the following conditions:
(1) No person shall cause or allow to be
			 initiated or maintained any stack burning on any day or at any time if the
			 Department has notified Oregon Emergency Management that such burning is
			 prohibited because of meteorological or air quality conditions.
(2) No person shall cause or allow stack
			 burning of any grass seed or cereal grain residue unless said residue is dry
			 and free of all other combustible and non-combustible material.
(3) Each responsible person shall make every
			 reasonable effort to promote efficient burning, minimize smoke emissions, and
			 extinguish any stack burning which is in violation of any rule of the
			 Commission.
(4) No stack burning
			 shall be conducted within any State Fire Marshal buffer zone "non-combustible
			 ground surface" area (e.g., within 1/4 mile of Interstate I-5, or 1/8 mile of
			 any designated roadway), as specified in OAR 837-110-0080.
(5) The acreage must be registered and
			 permitted pursuant to OAR 603-077-0112.
(6) Unless otherwise specifically agreed by
			 the parties, after the straw is removed from the fields of the grower, the
			 responsibility for the further disposition of the straw, including burning or
			 disposal, and payment of the appropriate fees, shall be upon the person who
			 bales, removes, controls, or is in possession of the straw.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0165 - Definitions for Enforcement Procedures and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise required by context, as used in OAR
				603-077-0170-603-077-0195:
(1) "Class
			 One Equivalent" or "Equivalent," which is used only for the purposes of
			 determining the value of the "P" factor in the civil penalty formula, means two
			 Class Two violations, one Class Two and two Class Three violations, or three
			 Class Three violations.
(2)
			 "Compliance" means meeting the requirements of the Department's statutes,
			 rules, permits or orders.
(3)
			 "Director" means the Director of the Department or the Director's authorized
			 deputies or officers.
(4)
			 "Department" means the Department of Agriculture.
(5) "Documented Violation" means any
			 violation which the Department or other government agency records after
			 observation, investigation or data collection.
(6) "Flagrant" means any documented violation
			 where the Respondent had actual knowledge of the law and had consciously set
			 out to commit the violation.
(7)
			 "Formal Enforcement Action" means an action signed by the Director or
			 authorized representatives or deputies which is issued to a Respondent for a
			 documented violation. Formal enforcement actions may require the Respondent to
			 take action within a specified time frame, and/or state the consequences for
			 the violation or continued noncompliance.
(8) "Intentional" means conduct by a person
			 with a conscious objective to cause the result of the conduct.
(9) "Magnitude of the Violation" means the
			 extent and effects of a violator's deviation from the Department's statutes,
			 rules, standards, permits or orders. In determining magnitude the Department
			 shall consider all available applicable information, including such factors as:
			 duration, intensity, and the extent of the effects of the violation. Deviations
			 shall be categorized as major, moderate or minor as set forth in OAR
			 603-077-0180.
(10) "Negligence" or
			 "Negligent" means failure to take reasonable care to avoid a foreseeable risk
			 of committing an act or omission constituting a violation.
(11) "Order" means:
(a) Any action satisfying the definition
			 given in ORS Chapter 183; or
(b)
			 Any other action so designated in ORS Chapters 468 or 468A.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0170 - Consolidation of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding that each and every violation is a separate and
				distinct offense, and in cases of continuing violations, that each day's
				continuance is a separate and distinct violation, proceedings for the
				assessment of multiple civil penalties for multiple violations may be
				consolidated into a single proceeding.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0175 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of
			 Noncompliance (NON):
(a) Informs a person of
			 a violation, and the consequences of the violation or continued noncompliance.
			 The notice may state the actions required to resolve the violation and may
			 specify a time by which compliance is to be achieved and that the need for
			 formal enforcement action will be evaluated;
(b) Shall be issued by the Director or
			 authorized representative;
(c) May
			 be issued for all classes of documented violations;
(d) Shall be a contested case order for
			 purposes of judicial review.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0177 - Civil Penalty Schedule Matrices

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any liability, duty, or other penalty provided
				by law, the Director may assess a civil penalty for any violation relating to
				field burning pertaining to statutes, rules, permits or orders by service of a
				written notice of assessment of civil penalty upon the Respondent. The amount
				of any civil penalty shall be determined through the use of the following
				matrix in conjunction with the formula contained in OAR 603-077-0180:
Civil penalty matrix
Magnitude of Violation - Major - Moderate - Minor
Class I - $6,000 - $3,000 - $1,500
Class II - $3,000 - $1,500 - $750
Class III - $500 - $250 - $10
No civil penalty issued by the Director pursuant to this matrix
				shall be less than fifty dollars ($50) or more than ten thousand dollars
				($10,000) for each day of each violation. This matrix shall apply to the
				following: Any violation related to field burning statutes, rules, permits or
				orders.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0180 - Civil Penalty Determination Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When determining the amount of civil
			 penalty to be assessed for any violation, the Director or authorized
			 representative shall apply the following procedures:
(a) Determine the class and the magnitude of
			 each violation:
(A) The class of a violation
			 is determined by consulting OAR 603-077-0195;
(B) The magnitude of the violation shall be
			 moderate unless:
(i) If the Department finds
			 that the violation had a significant adverse impact on the environment, or
			 posed a significant threat to public health, a determination of major magnitude
			 shall be made. In making a determination of major magnitude, the Department
			 shall consider all available applicable information including such factors as:
			 The degree of deviation from applicable statutes, rules, standards, permits or
			 orders, and the extent of the effects of the violation. In making this finding,
			 the Department may consider any single factor to be conclusive for the purpose
			 of making a major magnitude determination;
(ii) If the Department finds that the
			 violation had no potential for or actual adverse impact on the environment, nor
			 posed any threat to public health, or other environmental receptors, a
			 determination of minor magnitude shall be made. In making a determination of
			 minor magnitude, the Department shall consider all available applicable
			 information including such factors as: The degree of deviation from the
			 applicable statutes, rules, standards, permits or orders, and the extent of the
			 effects of the violation. In making this finding, the Department may consider
			 any single factor to be conclusive for the purpose of making a minor magnitude
			 determination.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0185 - Written Notice of Assessment of Civil Penalty; When Penalty Payable

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A civil penalty
			 shall be due and payable ten days after the order assessing the civil penalty
			 becomes final and the civil penalty is thereby imposed by operation of law or
			 on appeal. A person against whom a civil penalty is assessed shall be served
			 with a notice in the form and manner provided in ORS
			 183.415 and OAR chapter 137,
			 division 003.
(2) The written
			 notice of assessment of civil penalty shall comply with ORS
			 468.135(1) and
			 183.090, relating to notice and
			 contested case hearing applications, and shall state the amount of the penalty
			 or penalties assessed.
(3) The
			 rules prescribing procedure in contested case proceedings contained in OAR
			 chapter 137, division 003 shall apply thereafter.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0187 - Compromise or Settlement of Civil Penalty by Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any time after service of the written
			 notice of assessment of civil penalty, the Director may compromise or settle
			 any unpaid civil penalty at any amount that the Director deems appropriate. Any
			 compromise or settlement executed by the Director shall be final.
(2) In determining whether a penalty should
			 be compromised or settled, the Director may take into account the following:
(a) New information obtained through further
			 investigation or provided by Respondent which relates to the penalty
			 deter?mination factors contained in OAR 603-077-0180;
(b) The effect of compromise or settlement on
			 deterrence;
(c) Whether Respondent
			 has or is willing to employ extra?ordinary means to correct the violation or
			 maintain compliance;
(d) Whether
			 Respondent has had any previous penalties which have been compromised or
			 settled;
(e) Whether the compromise
			 or settlement would be consistent with the Department's goal of protecting the
			 public health and environment;
(f)
			 The relative strength or weakness of the Department's case.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0188 - Stipulated Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Nothing in OAR chapter 603, division 077 shall affect the
				ability of the Director to include stipulated penalties in a Stipulation and
				Final Order, Consent Order, Consent Decree or any other agreement issued under
				ORS Chapters 183, 468, or 468A.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  468A.585
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0190 - Additional Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other penalty provided by law, the following
				violations are subject to the civil penalties specified below:
(1) Any person planting contrary to the
			 restriction of subsection (1) of ORS
			 468A.580 pertaining to the open
			 field burning of cereal grain acreage shall be assessed by the Department a
			 civil penalty of $25 for each acre planted contrary to the
			 restrictions.
(2) Any person who
			 intentionally or recklessly violates any provisions of ORS Chapters 468 or 468A
			 or any rule or standard or order of the Department adopted or issued pursuant
			 to ORS 468 or 468A, which results in or creates the imminent likelihood for an
			 extreme hazard to the public health or which causes extensive damage to the
			 environment shall incur a penalty up to $100,000. When determining the civil
			 penalty sum to be assessed under this section, the Director shall apply the
			 following procedures:
(a) Select one of the
			 following base penalties after determining the cause of the violation:
(A) $50,000 if the violation was caused
			 recklessly;
(B) $75,000 if the
			 violation was caused intentionally;
(C) $100,000 if the violation was caused
			 flagrantly.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 77 - FIELD BURNING RULES › Section 603-077-0195 - Field Burning Classification of Violations

Current through Register Vol. 63, No. 7, July 1, 2024
Violations pertaining to field burning shall be classified as
				follows:
(1) Class One:
(a) Violation of any order of the Department
			 listed under OAR 603-077-0175(4);
(b) Systematic failure to keep records
			 required by a permit, rule or order;
(c) Open field burning in a manner that
			 causes a hazard to public safety;
(d) Causing or allowing open field burning
			 without first obtaining a valid open field burning permit;
(e) Causing or allowing open field burning or
			 stack burning where prohibited by OAR 603-077-0110(7) or
			 603-077-0155(4);
(f) Causing or
			 allowing any propane flaming which results in visibility impairment on any
			 Interstate Highway or Roadway specified in OAR 837-011-0080(1) and
			 (2);
(g) Failing to immediately and
			 actively extinguish all flames and smoke sources when any propane flaming
			 results in visibility impairment on any Interstate Highway or Roadway specified
			 in OAR 837-011-0080(1) and (2);
(h)
			 Causing or allowing propane flaming of grass seed or cereal grain crops,
			 stubble, or residue without first obtaining a valid propane flaming burning
			 permit;
(i) Stack burning grass
			 seed or cereal grain crop residue without first obtaining a valid stack burning
			 permit;
(j) Open field burning,
			 propane flaming, stack burning when State Fire Marshal restrictions are in
			 effect;
(k) Causing or allowing
			 propane flaming which results in sustained open flame in a fire safety buffer
			 zone along any Interstate Highway or Roadway specified in OAR 837-011-0080(1)
			 or (2);
(l) Failure to provide
			 access to premise or records when required by law, rule, permit, or
			 order.
(m) Any violation that
			 causes a major harm or poses a major risk of harm to public health or the
			 environment.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0005 - Land Use Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division is applicable to the approval of actions and projects described below
			 under the following department programs. These are:
(a) Approval of lease applications for plats
			 for commercial cultivation of oysters on state lands in coastal estuaries
			 pursuant to ORS Chapter 622.
(b)
			 Approval of conservation planning and implementation grants to local Soil and
			 Water Conservation Districts pursuant to ORS Chapter 568.
(c) Review of soils reports pursuant to ORS
			 215.710(5) and
			 OAR 603 Division 80.
(d) Approval
			 of any other action(s) under a department program subsequently determined to
			 affect land use pursuant to OAR 660 Division 30.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0015 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to the review of soils reports that propose
				to change the soil class, soil rating or other soil designations on a specific
				lot or parcel pursuant to ORS
				215.710(5)(b).
				The department's review decision does not itself authorize a dwelling or any
				other development.
Stat. Auth.: ORS
				  215.705
Stats. Implemented: ORS
				  215.705 & ORS
				  215.710
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 definitions apply to words used in OAR 603-080-0015 to 603-080-0050:
(a) "County" means the county in which the
			 lot or parcel at issue is located;
(b) "Department" means the Oregon Department
			 of Agriculture;
(c) "Director"
			 means the Director of the Oregon Department of Agriculture;
(d) "Lot" has the meaning provided in ORS
			 92.010 and
			 215.010;
(e) "Parcel" has the meaning provided in ORS
			 92.010 and
			 215.010; and
(f) "Person" means individuals, corporations,
			 associations, firms, partnerships, joint stock companies, and governmental
			 entities.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0030 - Acceptable Credentials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Until
			 January 1, 1997, the following credentials of soil scientists conducting the
			 soil surveys are the minimally acceptable qualifications under ORS
			 215.710(5)(b)(A):
(a) A soil scientist who is certified as a
			 soils classifier by the ARCPACS (A Federation of Certifying Boards in Agronomy,
			 Biology, Earth and Environmental Sciences); or
(b) A soil scientist who can document the
			 following qualifications:
(A) Uses and
			 understands the physical, chemical, mineralogical and biological properties
			 that apply to pedology,;
(B) Has
			 proficiency in the practice of applying pedology to soil investigation,
			 classification, education, and consultation on the effect of measured, observed
			 and inferred soil properties and their use. The practice of applying pedology
			 includes the preparation of soil descriptions, maps, reports, and
			 interpretations that apply to private or public work; and
(C) Has a bachelor's degree in soil science
			 together with a minimum of five years of professional experience as a soils
			 classifier, or has a master's or doctoral degree in soil science together with
			 a minimum of three years of professional experience as a soils
			 classifier.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0040 - Acceptable Soils Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall consider the soils analyses in soils
				reports soundly and scientifically based if they meet the following:
(1) General Information, shall include:
(a) The title of the report;
(b) Land owner for whom the report has been
			 prepared;
(c) Names of soil
			 scientist(s) conducting the field work and preparer(s) of the report, along
			 with their certification numbers and qualifications as required in OAR
			 603-080-0030(2);
(d) Land use case
			 file number (if available);
(e)
			 County in which the survey was conducted;
(f) Location of the project site, including
			 the township, range, section, and lot(s) number;
(g) Present zoning designation;
(h) Current land use;
(i) A description of the purpose of the
			 investigation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0050 - Review Statement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 30 days of the receipt of the soils report from the applicant, the director or
			 his designee shall determine the acceptability of the consultant's credentials
			 and whether the analysis in the report is soundly and scientifically
			 based.
(2) The department shall
			 provide a written statement to the applicant on its findings and these findings
			 shall be an order in other than a contested case for purposes of judicial
			 review under Oregon's Administrative Procedure Act ORS
			 183.484.
Stat. Auth.: ORS
				  215.705
Stats. Implemented: ORS 215.70 & ORS
				  215.710
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 80 - LAND USE COORDINATION › Section 603-080-0060 - Notification of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall maintain a list of persons requesting notification of
			 applications. The department may prepare separate lists for specified
			 geographic areas.
(2) Once the
			 department determines that an application is complete, the department shall
			 notify all persons on the lists referred to in section (1) of this rule and OAR
			 603-080-0040(2).
(3) Notice shall
			 be in the form prescribed by the department and include information about the
			 filing of the application, the general nature of the contested case
			 proceedings, the appointment of the hearings officer and the requirements for a
			 petition to participate in the contested case hearing as a party, limited party
			 or interested agency.
(4) Notice
			 may be personally served or sent by first class mail.
Stat. Auth.: ORS
				  561.190 & ORS
				  215.705
Stats. Implemented: ORS
				  215.705
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is:
(1) To establish procedures, standards and
			 requirements to be used by the department to determine if a new plat
			 application that proposes to lease and use state lands located in coastal
			 estuaries for the commercial cultivation of oysters, clams or mussels is
			 consistent with ORS 622.210 to
			 622.360.
(2) Establish procedures, standards and
			 requirements for the sale, lease, assignment, conveyance, relinquishment or
			 other transfer of shellfish plats.
(3) Establish procedures, standards and
			 requirements for the withdrawal of unproductive and abandoned lands.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  622.210 - .ORS
				  662.360
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 603-082-0010 through 603-082-0100, the
				definitions in ORS 183.310 and
				622.210 apply. In
				addition:
(1) "Claimant" means a
			 person or agency that claims control of a plat granted by the department under
			 ORS 622.210 to
			 622.992.
(2) "Cultivation" means the process of
			 growing or farming cultured oysters, clams or mussels with the primary intent
			 to make a profit in money. Cultivation includes activities associated with bed
			 or site preparation, seeding, grow out and harvesting and includes methods
			 that:
(a) Are or may be used on an operation
			 of a similar nature;
(b) Are or may
			 become generally accepted, reasonable and prudent in conjunction with the
			 commercial production of oysters, clams or mussels; and
(c) Comply with applicable laws.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0030 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants for new oyster, clam or mussel plats shall complete and submit an
			 application form prescribed and provided by the department including the
			 following supplemental information:
(a) A
			 legal description of the area applied describing the boundaries of the area and
			 specifying its acreage.
(b) A map
			 of sufficient detail to allow the area applied for to be readily
			 identified.
(c) An application fee
			 as established by ORS
			 622.250(1).
(d) An affidavit of publication indicating
			 fulfillment of subsection (2) of this section.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0040 - Plat Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of an application for an oyster, clam or mussel
				lease, an applicant shall be eligible for an authorization of a plat if the
				director determines that:
(1) The
			 application is complete pursuant to OAR 603-082-0030. If an application is
			 determined to be incomplete, the department shall notify the applicant of
			 exactly what information is missing within 45 days of the receipt of the
			 application and allow the applicant to submit the missing information. The
			 application shall be deemed complete on receipt of the missing
			 information.
(2) The subject area
			 is suitable for cultivation or can be rendered suitable for cultivation with
			 conditions imposed by the department in the final order and grant
			 certificate.
(3) In the case of an
			 application for the cultivation of clams or mussels, the proposed plat shall
			 involve an oyster plantation claim or plat that was in effect on June 1, 1997.
			 The proposed clam or mussel plat area may include not more than 20 percent of
			 the lands subject to the existing oyster claim or plat and shall include not
			 less than one acre.
(4) The
			 proposed plat will not restrict the rights of the public to use the waters of
			 the state in a normal and customary manner.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  622.230, ORS
				  622.250 & ORS
				  622.320
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0050 - Classifying Lands Suitable for Cultivation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining if an area is suitable for
			 cultivation of oysters, clams or mussels, the department shall consider the
			 following:
(a) Consistency with local land
			 use regulations, plans and zoning requirements and with the Statewide Planning
			 Goals.
(b) Consistency with
			 applicable local, state or federal laws.
(c) Certification or approval status by the
			 department for harvest intended for human consumption.
(d) Compatibility with existing commercial
			 fishing and shellfish operations including crabbing, shrimping and
			 clamming.
(e) Impacts on fish and
			 wildlife habitat.
(f) Impacts on
			 navigation.
(g) Compatibility with
			 recreational activities, commerce or other public uses or public trust
			 values.
(h) Evidence that the land
			 is owned by the state.
(i) If the
			 land is available for shellfish cultivation.