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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 264
RULES FOR OPEN BURNING

NOTE: These rules are included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-023-0022; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0020
Policy
In order to restore and maintain the
quality of the air resources of the state in a condition as free from air pollution
as is practicable, consistent with the overall public welfare of the state, it is
the policy of the EQC:
(1) To eliminate open burning
disposal practices where alternative disposal methods are feasible and practicable;
(2) To encourage the development
of alternative disposal methods;
(3) To emphasize resource
recovery;
(4) To regulate specified
types of open burning;
(5) To encourage utilization
of the highest and best practicable burning methods to minimize emissions where
other disposal practices are not feasible; and
(6) To require specific programs
and timetables for compliance with this division.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025,
468A.035 & 468A.460 – 468A.515
Hist.: DEQ 123, f. &
ef. 10-20-76; DEQ 27-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0025; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-264-0030
Definitions
The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.
(1) "Agricultural burning
for disease or pest control" means open burning of waste infected or infested with
a disease or pest for which the County Extension Service or Oregon Department of
Agriculture identify as having no other practicable control.
(2) "Agricultural operation"
means an activity on land currently used or intended to be used primarily for the
purpose of obtaining a profit in money by raising, harvesting and selling crops
or by raising and selling livestock or poultry, or the produce thereof, which activity
is necessary to serve that purpose. Agricultural operation also means activities
conducted by not-for-profit agricultural research organizations, which activities
are necessary to serve that purpose. It does not include the construction and use
of dwellings customarily provided in conjunction with the agricultural operation.
(3) "Agricultural open burning"
means the open burning of any agricultural waste, except as provided in OAR 340-264-0040(5).
(4) "Agricultural waste"
means any waste material generated or used by an agricultural operation, excluding
those materials described in OAR 340-264-0060(3).
(5) "Animal disease emergency"
means the occurrence of a disease that the Oregon Department of Agriculture determines
has potentially serious economic implications for the livestock industries of this
state.
(6) "Auxiliary combustion
equipment" includes, but is not limited to fans.
(7) "Combustion promoting
materials" include, but are not limited to, propane, diesel oil, or jellied diesel.
(8) "Commercial open burning"
means the open burning of any commercial waste.
(9) "Commercial waste" means:
(a) Any material except:
(A) Agricultural waste;
(B) Construction waste;
(C) Demolition waste;
(D) Domestic waste;
(E) Industrial waste; and
(F) Slash.
(b) Examples of commercial
waste are waste material from offices, wholesale or retail yards and outlets, warehouses,
restaurants, mobile home parks, domestic waste removed from the property of origin,
and dwellings containing more than four family living units, such as apartments,
condominiums, hotels, motels or dormitories.
(10) "Construction open burning"
means the open burning of any construction waste.
(11) "Construction waste"
means any waste material generally used for, resulting from or produced by a building
or construction project. Examples of construction waste are wood, lumber, paper,
crating and packing materials processed for or used during construction, materials
left after completion of construction, and materials collected during cleanup of
a construction site.
(12) "Daylight hours" means
the time between 7:30 a.m. and two hours before sunset.
(13)"Demolition open burning"
means the open burning of demolition waste.
(14) "Demolition waste" means
any material resulting from or produced by the complete or partial destruction or
tearing down of any man-made structure, or the clearing of any site for land improvement
or cleanup, excluding yard debris (domestic waste) and agricultural waste.
(15) "Domestic open burning"
means the open burning of any domestic waste.
(16) "Domestic waste" means
household waste material, which includes paper, cardboard, clothing, yard debris,
or other material generated in or around a dwelling of four-or-fewer-family-living
units, or on the real property appurtenant to the dwelling. Such waste materials
generated in or around a dwelling of more than four-family-living units are commercial
wastes. Once domestic waste is removed from the property of origin, it becomes commercial
waste.
(17) "Fire hazard" means
the presence or accumulation of combustible material of such nature and in sufficient
quantity that its continued existence constitutes an imminent and substantial danger
to life, property, public welfare, or adjacent lands.
(18) "Hazard to public safety"
means fires that burn prohibited materials or result in smoke that substantially
impairs visibility on a roadway.
(19)"Industrial open burning"
means the open burning of any industrial waste.
(20) "Industrial waste" means
any waste material, including process waste, produced as the direct result of any
manufacturing or industrial process.
(21) "Land clearing" means
the removal of trees, brush, logs, stumps, debris or man- made structures for the
purpose of site clean-up or site preparation. All waste material generated by land
clearing is demolition waste except those materials included in the definitions
of agricultural wastes, yard debris (domestic waste), and slash.
(22) "Letter permit" means
an authorization issued pursuant to OAR 340-264-0180 to burn select materials at
a defined site and under certain conditions.
(23) "Local jurisdiction"
means:
(a) The local fire permit
issuing authority; or
(b) The local governmental
entity having authority to regulate by law or ordinance.
(24) "Nuisance" means a substantial
and unreasonable interference with another's use and enjoyment of real property,
or the substantial and unreasonable invasion of a right common to members of the
general public.
(25) "Open burning" means:
(a) Burning in open, outdoor
fires;
(b) Burning in burn barrels;
and
(c) Any other outdoor burning
when combustion air is not effectively controlled and combustion products are not
effectively vented through a stack or chimney.
(26) "Open burning control
area" means an area established to control specific open burning practices or to
maintain specific open burning standards that may be more stringent than those established
for other areas of the state. Open burning control areas in the state are described
in OAR 340-264-0078.
(27) "Population" means the
annual population estimate of incorporated cities within the State of Oregon issued
by the Center for Population Research and Census, Portland State University, Portland,
Oregon.
(28) "Slash" means forest
debris or woody vegetation to be burned that is related to the management of forest
land used for growing and harvesting timber.
(29) "Special open burning
control area" means an area in the Willamette Valley where DEQ restricts the practice
of open burning. These areas are described in OAR 340-264-0078(6).
(30) "Ventilation index"
means a number calculated by DEQ relating to the ability of the atmosphere to disperse
regulated pollutants. The ventilation index is the product of the measured or estimated
meteorological mixing depth in hundreds of feet and the measured or estimated average
wind speed in knots through the mixed layer.
(31) "Waste" includes any
useless or discarded materials. Each waste is categorized in this division as one
of the following types:
(a) Agricultural;
(b) Commercial;
(c) Construction;
(d) Demolition;
(e) Domestic;
(f) Industrial; or
(g) Slash.
(32) "Yard debris" means
wood, needle or leaf materials from trees, shrubs or plants from the real property
appurtenant to a dwelling of not more than four family living units so long as such
debris remains on the property of origin. Once yard debris is removed from the property
of origin, it becomes commercial waste. Yard debris is included in the definition
of domestic waste.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 123, f. &
ef. 10-20-76; DEQ 23-1979, f. & ef. 7-5-79; DEQ 27-1981, f. & ef. 9-8-81;
DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 21-1991, f. & cert. ef. 11-13-91;
DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-023-0030; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-264-0040
Exemptions, Statewide
Except for the provisions contained
in OAR 340-264-0050 and 340-264-0060, this division does not apply to:
(1) Recreational fires and
ceremonial fires, for which a fire is appropriate.
(2) Barbecue equipment used
in connection with any residence.
(3) Fires set or permitted
by any public agency when such fire is set or permitted in the performance of its
official duty for the purpose of weed abatement, prevention or elimination of a
fire hazard, or a hazard to public health or safety, or for instruction of employees
in the methods of fire fighting, which in the opinion of the public agency is necessary.
Every effort will be made by the public agency to conduct this burning during good
smoke dispersal conditions and specifically avoiding periods during Air Pollution
Advisories. The agency will adjust its schedule for setting such fires for better
smoke dispersal if necessary. Open burning fires otherwise exempt from the requirements
of this division are still subject to the requirements and prohibitions of local
jurisdictions and the State Fire Marshall.
(4) Agricultural open burning
pursuant to ORS 468A.020. Agricultural open burning is still subject to the requirements
and prohibitions of local jurisdictions and the State Fire Marshal.
(5) Open field burning, propane
flaming, and stack and pile burning in the Willamette Valley between the crests
of the Cascade and Coast Ranges pursuant to OAR 340 division 266, Rules for Field
Burning.
(6) Slash burning on forest
land or within one-eighth mile of forest land permitted under the Oregon Smoke Management
Program regulated by the Department of Forestry pursuant to ORS 477.515.
(7) Fires set pursuant to
permit for the purpose of instruction of employees of private industrial concerns
in methods of fire fighting, or for civil defense instruction.
(8) Fires set for the purpose
of disposal of dry tumbleweed plants, typically Russian Thistle and Tumbleweed Mustard
plants, that have been broken off, and rolled about, by the wind.
(9) Agricultural burning
for disease or pest control when the fire is set or authorized in writing by the
Department of Agriculture.
(10) When caused by an authorized
representative of the Department of Agriculture, open burning of carcasses of animals
that have died or been destroyed because of an animal disease emergency.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 123, f. &
ef. 10-20-76; DEQ 23-1979, f. & ef. 7-5-79; DEQ 27-1981, f. & ef. 9-8-81;
DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef. 3-11-92; DEQ
4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-023-0035; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 12-2008, f. &
cert. ef. 9-17-08; DEQ 10-2012, f. & cert. ef. 12-11-12; DEQ 7-2015, f. &
cert. ef. 4-16-15
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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 123, f. &
ef. 10-20-76; DEQ 23-1979, f. & ef. 7-5-79; DEQ 27-1981, f. & ef. 9-8-81;
DEQ 6-1992, f. & cert. ef. 3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0040; DEQ 21-2000,
f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 459.205,
468A.025, 468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-023-0042; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0070
Open Burning Conditions
Pursuant to ORS 468A.570, 476.380, 477.520
and 478.960, the following open burning conditions apply:
(1) Mandatory Prohibition
Based on Adverse Air Quality Conditions:
(a) DEQ will notify the State
Fire Marshal that all open burning is prohibited in all or a specified part of the
state when DEQ declares:
(A) A particulate or sulfur
dioxide alert pursuant to OAR 340-206-0030(2);
(B) A particulate or sulfur
dioxide warning pursuant to OAR 340-206-0030(3); or
(C) An emergency for any
air contaminant pursuant to OAR 340-206-0030(4).
(b) All open burning is prohibited
until DEQ notifies the State Fire Marshal that the episode and prohibition are terminated.
(2) Discretionary Prohibition
or Limitation Based on Meteorological Conditions:
(a) DEQ may notify the State
Fire Marshal that all or specified types of open burning are prohibited or limited
in all or any specified parts of the state based on any one or more of the following
criteria affecting that part of the state:
(A) An air stagnation event
as determined by DEQ;
(B) The daily maximum ventilation
index calculated by DEQ for Willamette Valley Open Burning Control Areas or Umpqua
Basin Open Burning Control Area is less than 200;
(C) The daily maximum ventilation
index calculated by DEQ for the Rogue Basin Open Burning Control Area is less than
400 for all regulated open burning;
(D) DEQ determines there
is poor ventilation;
(E) For regulation of burning
of yard debris in urban areas, the amount of precipitation expected during the day;
or
(F) Any other relevant factor.
(b) Such prohibitions or
limits remain in effect until DEQ notifies the State Fire Marshal that the prohibition
or limitation has been terminated;
(c) In deciding whether to
prohibit or limit open burning pursuant to this section, DEQ will consider:
(A) The policy of the state
set forth in ORS 468A.010;
(B) The relevant criteria
set forth in ORS 468A.025(2);
(C) The extent and types
of materials available to be burned;
(D) In the case of Agricultural
open burning, the recommendations received from any local agricultural smoke management
organization; and
(E) Any other relevant factor.
(d) In deciding whether to
prohibit or limit any open burning pursuant to this section DEQ must give first
priority to the burning of perennial grass seed crop used for grass seed production,
second priority for annual grass seed crop used for grass seed production, third
priority to grain crop burning, and fourth priority to all other burning.
(3) Unless prohibited or
limited pursuant to section (1) or (2), open burning will be allowed only during
daylight hours, and must be conducted consistent with the other rules in this division
and the requirements and prohibitions of local jurisdiction and the State Fire Marshal.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 through 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 21-1991, f. & cert. ef.
11-13-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-023-0043; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
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.
Stat. Auth.: ORS 468.020& 468A.575
Stats. Implemented: ORS 468A.575
Hist.: DEQ 21-2000, f. &
cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0078
Open Burning Control Areas
Generally, areas around the more densely
populated locations in the state and valleys or basins that restrict atmospheric
ventilation are designated "Open Burning Control Areas". The practice of open burning
may be more restrictive in open burning control areas than in other areas of the
state. The specific open burning restrictions associated with these open burning
control areas are listed in OAR 340-264-0100 through 340-264-0170 by county. The
general locations of open burning control areas are depicted in Figures 2 through
5. The open burning control areas of the state are defined as follows:
(1) All areas in or within
three miles of the incorporated city limit of all cities with a population of 4,000
or more.
(2) The Coos Bay Open Burning
Control Area is located in Coos County with boundaries as generally depicted in
Figure 3 Coos Bay Open Burning Control Area. The area is enclosed by a line beginning
at a point approximately 4-1/2 miles WNW of the City of North Bend, at the intersection
of the north boundary of T25S, R13W, and the coastline of the Pacific Ocean; thence
east to the NE corner of T25S, R12W; thence south to the SE corner of T26S, R12W;
thence west to the intersection of the south boundary of T26S, R14W and the coastline
of the Pacific Ocean, thence northerly and easterly along the coastline of the Pacific
Ocean to its intersection with the north boundary of T25S, R13W, the point of beginning.
(3) The Rogue Basin Open
Burning Control Area is located in Jackson and Josephine Counties with boundaries
as generally depicted in Figure 4 Rogue Basin Open Burning Control Area. The area
is enclosed by a line beginning at a point approximately 4-1/2 miles NE of the City
of Shady Cove at the NE corner of T34S, R1W, Willamette Meridian, thence south along
the Willamette Meridian to the SW corner of T37S, R1W; thence east to the NE corner
of T38S, R1E; thence south to the SE corner of T38S, R1E; thence east to the NE
corner of T39S, R2E; thence south to the SE corner of T39S, R2E; thence west to
the SW corner of T39S, R1E; thence NW along a line to the NW corner of T39S, R1W;
thence west to the SW corner of T38S, R2W; thence north to the SW corner of T36S,
R2W; thence west to the SW corner of T36S, R4W; thence south to the SE corner of
T37S, R5W; thence west to the SW corner of T37S, R6W; thence north to the NW corner
of T36S, R6W; thence east to the SW corner of T35S, R1W; thence north to the NW
corner of T34S, R1W; thence east to the point of beginning.
(4) The Umpqua Basin Open
Burning Control Area is located in Douglas County with boundaries as generally depicted
in Figure 5 Umpqua Basis Open Burning Control Area. The area is enclosed by a line
beginning at a point approximately four miles ENE of the City of Oakland, Douglas
County, at the NE corner of T25S, R5W, Willamette Meridian, thence south to the
SE corner of T25S, R5W; thence east to the NE Corner of T26S, R4W; thence south
to the SE corner of T27S, R4W; thence west to the SE corner of T27S, R5W; thence
south to the SE corner of T30S, R5W; thence west to the SW corner of T30S, R6W;
thence north to the NW corner of T29S, R6W; thence west to the SW corner of T28S,
R7W thence north to the NW corner of T27S, R7W; thence east to the NE corner of
T27S, R7W; thence north to the NW corner of T26, R6W; thence east to the NE corner
of T26S, R6W; thence north to the NW corner of T25S, R5W; thence east to the point
of beginning.
(5) The boundaries of the
Willamette Valley Open Burning Control Area are generally depicted in Figure 1 Willamette
Valley Open Burning Control Area and Figure 2 Open Burning Control Areas. The area
includes all of Benton, Clackamas, Linn, Marion, Multnomah, Polk, Washington and
Yamhill Counties and that portion of Lane County east of Range 7 West.
(6) The Klamath Basin Open
Burning Control Area is located in Klamath County with boundaries generally depicted
in Figure 6 Klamath Basin Open Burning Control Area. The area is enclosed by a line
beginning at the corner common to northwest corner of Section 31, Township 37 South,
Range 9 East of the Willamette Meridian and southwest corner of Section 30 T37S,
R9E W.M.; thence east approximately two miles to the northeast corner of Section
32; thence south approximately four miles to the southeast corner of Section 17,
T38S, R9E W.M.; thence east approximately one mile to the southwest corner of Section
15,; thence north approximately one mile to the northwest corner of Section 15;
thence east approximately 2 miles to the northeast corner of Section 14; thence
south approximately one mile to the northwest corner of section 24; thence east
approximately one mile to the northeast corner of Section 24; thence south approximately
three miles to the southeast corner of Section 36; thence east approximately four
miles to the northeast corner of Section 3, T39S, R10E W.M.; thence south approximately
three miles to the southeast corner of Section 15; thence west approximately two
miles to the southwest corner of Section16; thence south approximately two miles
to the southeast corner of Section 29; thence west approximately five miles to the
southwest corner of Section 27, T39S, R9E; thence north approximately one mile to
the northeast corner of Section 27; thence west approximately four miles to the
southwest corner of Section 24, T39S R8E; thence north approximately two miles to
the northeast corner of Section 13; thence west approximately one mile to the southwest
corner of Section 11; thence north approximately four miles to the northwest corner
of Section 26 T38S, R8E; thence west one mile to the southwest corner of Section
22; thence north approximately one mile to the northwest corner of Section 22; thence
west approximately one mile to the southwest corner of Section 16; thence north
approximately one mile to the northeast corner of Section 16; thence west approximately
one mile to the southwest corner of Section 8; thence north approximately two miles
to the northwest corner of Section 5; thence east to the northeast corner of Section
1; thence north approximately one mile to the point of beginning.
(7) "Special Open Burning
Control Areas" are established around cities within the Willamette Valley Open Burning
Control Area. The boundaries of these special open burning control areas are determined
as follows:
(a) Any area in or within
three miles of the boundary of any city of more than 1,000 but less than 45,000
population;
(b) Any area in or within
six miles of the boundary of any city of 45,000 or more population;
(c) Any area between areas
established by this rule where the boundaries are separated by three miles or less;
(d) Whenever two or more
cities have a common boundary, the total population of these cities will determine
the applicability of subsection (a) or (b) and the municipal boundaries of each
of the cities must be used to determine the limit of the special open burning control
area.
(8) A domestic burning ban
area around the Portland metropolitan area is generally depicted in Figure 1A Metropolitan
Area Backyard Burning Boundaries. This area encompasses parts of the special control
area in Clackamas, Multnomah and Washington Counties. Specific boundaries are listed
in OAR 340-264-0120(5), 340-264-0130(5) and 340-264-0140(5). Domestic burning is
prohibited in this area except as allowed 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.
[ED. NOTE:
Figures referenced are not included in rule text. Click here for PDF copy of figure(s).]
Stat. Auth.: ORS 468.020,
ORS 468A.025, 468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0115;
DEQ 21-2000, f. & cert. ef. 12-15-00, Renumbered from 340-264-0200; DEQ 10-2012,
f. & cert. ef. 12-11-12; DEQ 7-2015, f. & cert. ef. 4-16-15
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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 123, f. &
ef. 10-20-76; DEQ 23-1979, f. & ef. 7-5-79; DEQ 1-1981(Temp), f. & ef. 1-9-81;
DEQ 7-1981(Temp), f. & ef. 2-17-81; DEQ 8-1981(Temp), f. & ef. 3-13-81;
DEQ 27-1981, f. & ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-023-0045; DEQ 21-2000, f. &
cert. ef. 12-15-00; DEQ 10-2012, f. & cert. ef. 12-11-12; DEQ 7-2015, f. &
cert. ef. 4-16-15
Open Burning Requirements
340-264-0100
Baker, Clatsop, Crook, Curry, Deschutes,
Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur,
Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties
Open burning requirements for the counties
of Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River,
Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla,
Union, Wallowa, Wasco and Wheeler:
(1) Industrial open burning
is prohibited, except as provided in 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:
(a) Commercial open burning
is prohibited within Lincoln County except as provided in OAR 340-264-0180.
(b) Commercial open burning
is allowed outside of open burning control areas 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. Commercial open burning, unless authorized pursuant to OAR
340-264-0180, is prohibited within three miles of the corporate city limits of the
following open burning control areas. In addition, commercial open burning is prohibited
in any area meeting the test in OAR 340-264-0078(1):
(c) In Baker County, the
City of Baker City;
(d) In Clatsop County, the
Cities of Astoria, Seaside and Warrenton;
(e) In Crook County, the
City of Prineville;
(f) In Curry County, the
City of Brookings;
(g) In Deschutes County,
the Cities of Bend and Redmond;
(h) In Hood River County,
the City of Hood River;
(i) In Jefferson County,
the City of Madras;
(j) In Malheur County, the
City of Ontario;
(k) In Tillamook County,
the City of Tillamook;
(l) In Umatilla County, the
Cities of Hermiston, Milton-Freewater and Pendleton;
(m) In Union County, the
City of La Grande;
(n) In Wasco County, the
City of The Dalles.
(4) Construction and demolition
open burning outside of an open burning control area is allowed subject to the requirements
and prohibitions of local jurisdictions, the State Fire Marshal, OAR 340-264-0050,
340-264-0060, and 340-264-0070. Construction and demolition open burning, unless
authorized pursuant to 340-264-0180, is prohibited within three miles of the corporate
city limits of the following open burning control areas. In addition, construction
and demolition burning is prohibited in any area meeting the standard in 340-264-0078(1):
(a) In Baker County, the
City of Baker City;
(b) In Clatsop County, the
Cities of Astoria, Seaside and Warrenton;
(c) In Crook County, the
City of Prineville;
(d) In Curry County, the
City of Brookings;
(e) In Deschutes County,
the Cities of Bend and Redmond;
(f) In Hood River County,
the City of Hood River;
(g) In Jefferson County,
the City of Madras;
(h) In Lincoln County, the
Cities of Lincoln City and Newport;
(i) In Malheur County, the
City of Ontario;
(j) In Tillamook County,
the City of Tillamook;
(k) In Umatilla County, the
Cities of Hermiston, Milton-Freewater and Pendleton;
(l) In Union County, the
City of La Grande;
(m) In Wasco County, the
City of The Dalles.
(5) Domestic open burning
is allowed subject to the requirements and prohibitions of local jurisdictions,
the State Fire Marshal, and OAR 340-264-0050, 340-264-0060 and 340-264-0070.
(6) Slash burning on forest
land within open burning control areas not regulated by the Department of Forestry
under the Smoke Management Plan 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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 6-1992, f. & cert. ef. 3-11-92; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0055;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 10-2012, f. & cert. ef. 12-11-12;
DEQ 7-2015, f. & cert. ef. 4-16-15
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 not included in rule text. Click here for PDF copy of figure(s).]
Stat. Auth.: ORS 468.020,
ORS 468A.025, 468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef.
3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-023-0060; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0120
Clackamas County
Open burning requirements for Clackamas
County:
(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 may be provided by OAR 340-264-0180.
(4) Construction and demolition
open burning is allowed outside of special open burning control areas, 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. Unless authorized pursuant to
340-264-0180, Construction and demolition open burning is prohibited within the
following:
(a) Areas in or within six
miles of the corporate city limits of Gladstone, Gresham, Happy Valley, Lake Oswego,
Milwaukie, Oregon City, Portland, Rivergrove, Tualatin, West Linn and Wilsonville;
(b) Areas in or within three
miles of the corporate city limits of Canby, Estacada, Molalla and Sandy.
(c) Any areas that meet the
test in OAR 340-264-0078(7).
(5) Domestic open burning:
(a) Those areas where domestic
burning is always prohibited (unless authorized under OAR 340-264-0180): Beginning
at the trisection of the Clackamas-Multnomah-Washington County Line; thence east
and then northerly and then east following the Clackamas-Multnomah County Line to
the intersection with the northwest corner of Section 27, T1S, R2E; thence south
to the midpoint of the western boundary of Section 3, T2S, R2E; thence on a line
east approximately 1/4 of a mile; thence south to the southern boundary of Section
3, T2S, R2E and the corner of Camp Withycombe (Oregon National Guard); thence west
approximately 1/4 mile to the midpoint of the southern boundary of Section 3, T2S,
R2E; thence on a line south to the Clackamas River and the Metro Boundary as defined
in Oregon Revised Statutes (ORS) Chapter 268.125; thence following the Metro Boundary
first southerly and then westerly to the intersection with the Willamette River,
excepting that portion listed in subsection (b)(2); thence northeasterly along the
Willamette River to the confluence with the Tualatin River; thence northwesterly
along the Tualatin River to the intersection with U.S. Interstate Highway 205 (I-205);
thence westerly along I-205 to the intersection with the Clackamas-Washington County
Line; thence north along the Clackamas-Washington County Line to the trisection
of the Clackamas-Multnomah-Washington County Line, the point of beginning.
(b) Those areas where domestic
open burning is prohibited except for the burning of yard debris between March 1
and June 15, and between October 1 and December 15, subject to OAR 340-264-0050
through 340-264-0070, and the requirements and prohibitions of local jurisdictions
and the State Fire Marshall, are the areas that lie within both Clackamas County
and the Metro Boundary and are not included in paragraph (a). Specifically, those
areas are listed as follows:
(A) The area beginning at
the point on the Clackamas-Washington County Line where it is intersected by I-205;
thence easterly along I-205 to the intersection with the Tualatin River; thence
southeasterly along the Tualatin River to the confluence with the Willamette River;
thence southerly along the Willamette River to the intersection with the northern
boundary of Section 15, T3S, R1E; thence west to the northwest corner of Section
15, T3S, R1E; thence north to the northwest corner of section 10, T3S, R1E; thence
west to the northwest corner of Section 9, T3S, R1E; thence north to the northwest
corner of Section 4, T3S, R1E; thence west to the intersection with the Clackamas-Washington
County Line; thence north to the intersection with I-205, the point of beginning.
(B) The area bounded by Henrici
Road on the south; Highway 213 on the west; Beaver Creek Road on the east; and the
southern boundary of Clackamas Community College on the north.
(C) The area beginning at
the point where the Clackamas-Multnomah County Line intersects the northwest corner
of Section 27, T1S, R2E; thence south to the midpoint of the western boundary of
Section 3, T2S, R2E; thence on a line east approximately 1/4 of a mile; thence south
to the southern boundary of Section 3, T2S, R2E and the corner of Camp Withycombe;
thence west 1/4 mile to the midpoint of the southern boundary of Section 3, T2S,
R2E; thence on a line south to the Clackamas River; thence easterly along the Clackamas
River to the intersection with the western boundary of Section 18, T2S, R3E; thence
north to the northwest corner of Section 18, T2S, R3E; thence east to the northwest
corner of Section 14, T2S, R3E; thence north to the northwest corner of Section
11, T2S, R3E; thence east to the intersection with Epperson Road; thence north-northwesterly
along Epperson Road to the intersection with the Clackamas-Multnomah County Line
at the northern boundary of Section 29, T1S, R2E; thence west along the county line
to the northwest corner of Section 27, T1S, R2E, the point of beginning.
(c) Domestic open burning
is allowed in all other areas of Clackamas County, subject to OAR 340-264-0050 and
340-264-0060 and the requirements and prohibitions of local jurisdictions and the
State Fire Marshal.
(d) No person may cause or
allow to be initiated or maintained any domestic open burning other than during
daylight hours unless 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.
Stat. Auth.: ORS 468.020, ORS 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef.
3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1995, f. & cert. ef.
5-25-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0065;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0130
Multnomah County
Open burning requirements for Multnomah
County:
(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, unless authorized pursuant to OAR 340-264-0180, is prohibited west
of the Sandy River but is allowed east of the Sandy River, 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) Domestic open burning:
(a) Those areas where open
burning is always prohibited (unless authorized by 340-264-0180):
(A) The area encompassed
by the line beginning at the point where the Multnomah, Clackamas, and Washington
County lines meet at a trisection; thence east and then north and then east along
the Multnomah-Clackamas County Line to the intersection with SE 162nd Avenue; thence
north along SE 162nd Avenue to the intersection with SE Foster Road; thence southeasterly
along SE Foster Road to the intersection with Jenne Road; thence northeasterly along
Jenne Road to the intersection with SE 174th Avenue; thence north along SE 174th
Avenue to the intersection with SE Marie Street; thence east along SE Marie Street
to the intersection with SE 182nd Avenue; thence north along SE 182nd Avenue and
continuing north as SE 182nd Avenue merges into SE 181st Avenue and then turns into
NE 181st Avenue to the intersection with NE Sandy Boulevard; thence easterly along
NE Sandy Boulevard to the intersection with NE 185th Drive; thence north along NE
185th Drive to the intersection with Marine Drive; thence continuing on a line due
north to the Columbia River and the state line; thence following the Columbia River
and the state line; thence following the Columbia River and the state line to the
confluence of the Columbia and the Willamette Rivers; thence along the Willamette
River to the Confluence with the Multnomah Channel and the Portland City Limits;
thence following the Portland City Limits generally southerly to the intersection
with Section 27, T1N, R1W and the Multnomah-Washington County Line; thence following
the Multnomah-Washington County Line southwesterly and then south to the trisection
of the Multnomah-Clackamas-Washington County Line, the point of beginning.
(B) All areas in northwest
Multnomah County that are not contained within a Fire Protection District.
(C) The Burlington Water
District.
(b) Those areas where domestic
open burning is prohibited, except for the burning of yard debris between March
1 and June 15, and between Oct. 1 and Dec. 15 and subject to OAR 340-264-0050 through
340-264-0070 and the requirements and prohibitions of local jurisdictions and the
State Fire Marshall, are the areas within Multnomah County that lie west of the
Sandy River and are not included in 340-264-0130(5)(a).
(c) Domestic open burning
is allowed east of the Sandy River, 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.
(d) 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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef.
3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1995, f. & cert. ef.
5-25-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0070;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0140
Washington County
Open burning requirements for Washington
County:
(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 may be provided by OAR 340-264-0180.
(4) Construction and Demolition
open burning, unless authorized pursuant to OAR 340-264-0180, is prohibited in all
incorporated areas and areas within rural fire protection districts. Construction
and demolition open burning is allowed in all other areas 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:
(a) The area where open burning
is always prohibited (unless authorized by OAR 340-264-0180): Beginning at the point
where U.S. Interstate Highway 205 (I-205) intersects the Washington-Clackamas County
Line; thence west along I-205 to the Tualatin City Limits; thence following along
the Tualatin City Limits westerly, southerly, westerly and northerly to the intersection
with U.S. Highway 99; thence northerly along U.S. Highway 99 to the intersection
with the Metro Boundary as defined in Oregon Revised Statutes (ORS) Chapter 268.125;
thence following the Metro Boundary generally northerly and westerly to the intersection
with the Tualatin Valley Highway; thence westerly along the Tualatin Valley Highway
to the intersection with the western boundary of Section 11, T1S, R2W; thence north
to the northwest corner of Section 2, T1S, R2W; thence east to the northwest corner
of Section 2, T1S, R2W; thence north to the intersection with U.S. Highway 26; thence
northwesterly along U.S. Highway 26 to the intersection with Cornelius Pass Road;
thence northeasterly along Cornelius Pass Road to the intersection with the northern
boundary of Section 23, T1N, R2W; thence east approximately 1/5 mile along the northern
boundary of section 23, T1N, R2W to the southernmost point of the Orchard; thence
north following the eastern boundary of the Orchard to the intersection with West
Union Road; thence southeasterly and then easterly along West Union Road approximately
1.1 miles to a point approximately 1/4 mile west of the eastern boundary of Section
24, T1N, R2W; thence north on a line approximately 1000 feet; thence northeasterly
on a line approximately 1/4 mile to the intersection of NW 185th Avenue and NW Springville
Road; thence northeasterly along NW Springville Road approximately 1/4 mile to the
one-quarter point of the northern boundary of Section 19, T1N, R1W; thence north
approximately 400 feet; thence east to the intersection with NW 185th Avenue; thence
north along 185th Avenue approximately 800 feet to the one-quarter point of the
western boundary of Section 18, T1N, R1W; thence gradually northeasterly such that
the Rock Creek Campus of Portland Community College is within the boundary approximately
1/2 mile to the midpoint of Section 18, T1N, R1W; thence south following the eastern
boundary of the Rock Creek Campus of Portland Community College and continuing on
a line due south to the intersection with NW Springville Road and the southern boundary
of Section 18, T1N, R1W; thence northeasterly along NW Springville Road to the intersection
with the Washington-Multnomah County Line; thence following the Washington County
line southeasterly and then southerly to the point where the Washington-Clackamas
County Line intersects I-205, the point of beginning.
(b) Those areas where domestic
open burning is prohibited, except for the burning of yard debris between March
1 and June 15, and between Oct. 1 and Dec. 15, subject to OAR 340-264-0050 through
340-262-0070, and the requirements and prohibitions of local jurisdictions and the
State Fire Marshall:
(A) All incorporated areas
in Washington County not listed in OAR 340-264-0140(5)(a) or 340-264-0140(5)(c).
(B) All unincorporated areas
within municipal or rural fire districts.
(c) Those areas where domestic
burning is allowed, subject to OAR 340-264-0050, and 340-264-0060 and the requirements
and prohibitions of local jurisdictions and the State Fire Marshall:
(A) The area enclosed by
a line beginning at the point where Highway 26 intersects the western boundary of
Section 24, T2N, R4W; thence north to the northwest corner of Section 13, T2N, R4W;
thence east to the midpoint of the northern boundary of Section 16, T2N, R3W; thence
on a line south to the middle of Section 21, T2N, R3W; thence east to the intersection
with the midpoint of the western boundary of Section 22, T2N, R3W; thence south
to the southwest corner of Section 22, T2N, R3W; thence continuing south to the
northern boundary of Washington County Donation Land Claim (DLC) #44; thence southeast
and east following the northern boundary of Washington County DLC #44 to the eastern
boundary of Washington County DLC #44; thence southwesterly along the eastern boundary
of DLC #44 to the intersection with DLC Plot #76; thence continuing southwesterly
along the eastern boundary of DLC #76 to the intersection with the Burlington Northern
Railroad Line; thence northwesterly along the Burlington Northern Railroad Line
to the intersection with the southern boundary of Section 32, T2N, R4W; thence west
to the southwest corner of Section 36, T2N, R4W; thence north to the point where
Highway 26 intersects the western boundary of Section 24, T2N, R4W, the point of
beginning.
(B) All unincorporated areas
of Washington County outside of municipal or rural fire districts.
(d) No person may cause or
allow to be initiated or maintained any domestic open burning other than during
daylight hours between 7:30 a.m. and two hours before sunset 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.
Stat. Auth.: ORS 468.020, ORS 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef.
3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1995, f. & cert. ef.
5-25-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0075;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
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.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-023-0080; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0160
Lane County
Open burning requirements for Lane County.
That portion of Lane County east of Range 7 West, Willamette Meridian, forms a part
of the Willamette Valley Open Burning Control Area as generally described in OAR
340-264-0078(5) and depicted in Figure 2 Open Burning Control Areas:
(1) The rules and regulations
of LRAPA apply to all open burning in Lane County, provided such rules are no less
stringent than the provisions of this division. LRAPA may not regulate agricultural
open burning.
(2) Industrial open burning
is prohibited unless authorized pursuant to OAR 340-264-0180.
(3) Agricultural open burning
is allowed subject to the requirements and prohibitions of local jurisdictions and
the State Fire Marshal.
(4) Commercial open burning,
unless authorized pursuant to OAR 340-264-0180, is prohibited in Lane County east
of Range 7 West Willamette Meridian and in or within three miles of the city limit
of Florence on the coast. Commercial open burning is allowed in the remaining areas
of Lane County, subject to OAR 340-264-0050 and 340-264-0060 and the requirements
and prohibitions of local jurisdictions and the State Fire Marshal.
(5) Construction and demolition
open burning, unless authorized pursuant to OAR 340-264-0180, is prohibited within
all fire districts and other areas specified in this section but is allowed elsewhere
in Lane 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.
Areas where open burning of construction and demolition waste is prohibited include:
(a) Bailey-Spencer RFPD;
(b) Coburg RFPD;
(c) Cottage Grove/South Lane
Fire District;
(d) Creswell RFPD;
(e) Dexter RFPD except that
portion east of the Willamette Meridian;
(f) Eugene RFPD No. 1;
(g) Goshen RFPD;
(h) Junction City Fire District;
(i) Junction City RFPD;
(j) Lane County Fire District
#1;
(k) Lane RFPD No. 1 outside
the Eugene-Springfield Urban Growth Boundary;
(l) Lowell RFPD;
(m) Marcola RFPD;
(n) McKenzie RFPD outside
the Eugene-Springfield Urban Growth Boundary;
(o) Monroe RFPD that portion
within Lane County;
(p) Oakridge RFPD;
(q) Pleasant Hill RFPD;
(r) Santa Clara RFPD outside
the Eugene-Springfield Urban Growth Boundary;
(s) Westfir RFPD;
(t) Willakenzie RFPD;
(u) Zumwalt RFPD.
(6) Domestic open burning:
(a) Domestic open burning
outside the fire districts listed in section (5) 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;
(b) Domestic open burning
is prohibited within all fire districts listed in section (5) except that open burning
of yard debris 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;
(c) Refer to LRAPA open burning
rules for specific seasons and hours for domestic open burning.
(7) 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 not included in rule text. Click here for PDF copy of figure(s).]
Stat. Auth.: ORS 468.020,
468A.025, 468A.135, 468A.140, 468A.155, 468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.100 - 468A.180, 468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 6-1992, f. & cert. ef.
3-11-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-023-0085; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 7-2015, f. & cert. ef. 4-16-15
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 not included in rule text. Click here for PDF copy of figure(s).]
Stat. Auth.: ORS 468.020,
468A.025, 468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0090;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15
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:
Figures referenced are not included in rule text. Click here for PDF copy of figure(s).]
Stat. Auth.: ORS 468.020. 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 10-2012, f. &
cert. ef. 12-11-12; DEQ 7-2015, f. & cert. ef. 4-16-15
340-264-0180
Letter Permits
(1) Open Burning of commercial, industrial,
slash, construction or demolition waste on a singly occurring or infrequent basis
or the open burning of yard debris that is otherwise prohibited, may be permitted
by a letter permit issued by DEQ in accordance with this rule and 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. OAR 340-014-0025 and 340 OAR
division 216 do not apply.
(2) A letter permit may only
be issued on the basis of a written application for disposal of material by burning
that has been approved by DEQ. Each application for a letter permit must contain
the following items:
(a) The quantity and type
of material proposed to be burned;
(b) A listing of all alternative
disposal methods and potential costs that have been identified or investigated;
(c) The expected amount of
time that will be required to complete the burning (not required for yard debris);
(d) The methods proposed
to be used to insure complete and efficient combustion of the material;
(e) The location of the proposed
burning site;
(f) A diagram showing the
proposed burning site and the structures and facilities inhabited or used in the
vicinity including distances thereto;
(g) The expected frequency
of the need to dispose of similar materials by burning in the future;
(h) If the application is
for prescribed burning of standing vegetation for the purpose of creating or restoring
wetlands or for promoting or enhancing habitat for indigenous species of plants
or animals, the application must also include a citation to the federal or state
law or program requiring or authorizing such conversion or enhancement. The application
must also include a statement from the appropriate agency responsible for implementing
the law or program that open burning is the most practicable alternative for the
conversion or enhancement;
(i) Any other information
that the applicant considers relevant or DEQ may require;
(j) For open burning of yard
debris:
(A) A "Hardship Permit Application"
completed on a form supplied by DEQ; and
(B) Either payment of the
appropriate fee pursuant to section (10) or a "waiver request" completed on a form
supplied by DEQ.
(3) Upon receipt of a written
application, DEQ may approve the application if it is satisfied that:
(a) The applicant has demonstrated
that all reasonable alternatives have been explored and no practicable alternative
method for disposal of the materials exists; and
(b) The proposed burning
will not cause or contribute to significant degradation of air quality.
(c) For locations within
Clackamas, Columbia, Multnomah and Washington counties, where open burning is otherwise
prohibited, the following conditions must also be met. Letter permits may be issued
only for disposing of:
(A) Material resulting from
emergency occurrences, including but not limited to, floods, storms or oil spills;
(B) Material originating
as yard debris that has been collected and stored by governmental jurisdictions,
provided that no other reasonable means of disposal are available;
(C) Yard debris excluding
grass clippings and leaf piles, on the property of a private residence where the
inability to burn creates a significant hardship due to:
(i) An economic burden because
the estimated cost of alternative means of yard debris disposal presents a financial
hardship in relation to household income and expenses of the applicant;
(ii) A physical handicap,
personal disability, chronic illness, substantial infirmity or other physical limitation
substantially inhibiting the ability of the applicant to process or transport yard
debris; or
(iii) Inaccessibility of
yard debris, where steepness of terrain or remoteness of the debris site makes access
by processing or transportation equipment unreasonable.
(4) DEQ may deny an application
for a letter permit or revoke or suspend an issued letter permit on any of the following
grounds:
(a) Any material misstatement
or omission in the application or a history of such misstatements or omissions by
the applicant;
(b) Any actual or projected
violation of any statute, rule, regulation, order, permit, ordinance, judgment or
decree.
(5) In making its determination
under section (3), DEQ may consider:
(a) The conditions of the
airshed of the proposed burning;
(b) The other air pollution
sources in the vicinity of the proposed burning;
(c) The availability of other
methods of disposal, and special circumstances or conditions that may impose a hardship
on an applicant;
(d) The frequency of the
need to dispose of similar materials in the past and expected in the future;
(e) The applicant's prior
violations, if any;
(f) The projected effect
upon persons and property in the vicinity; and
(g) Any other relevant factor.
(6) Each letter permit issued
by DEQ pursuant to section (2) must contain at least the following elements:
(a) The location where burning
is permitted to take place;
(b) The number of actual
calendar days on which burning is permitted to take place, not to exceed seven.
Burning pursuant to a permit for yard debris must be limited to three days per season
unless satisfactory justification for more burning is provided by the applicant;
(c) The period during which
the permit is valid, not to exceed a period of 30 consecutive days, except a permit
for yard debris. The actual period in the permit must be specific to the needs of
the applicant. DEQ may issue specific letter permits for shorter periods;
(d) A letter permit for yard
debris is valid for a single burning season or for both the spring and fall burning
seasons during a calendar year, as appropriate to the application and the fee paid
pursuant to the schedule in section (10). The spring burning is from March 1 to
June 15, inclusive, and the fall burning season is from Oct. 1 to Dec. 15, inclusive;
(e) Equipment and methods
required to be used by the applicant to insure that the burning is accomplished
in the most efficient manner over the shortest period of time to minimize smoke
production;
(f) The limitations, if any,
based on meteorological conditions required before burning may occur. Open burning
under permits for yard debris must be limited to the hours and times that limit
seasonal domestic yard debris burning permitted in the county where the burning
under the letter permit is to occur;
(g) Reporting requirements
for both starting the fire each day and completion of the requested burning, (optional
for permits for yard debris);
(h) A statement that OAR
340-264-0050 and 340-264-0060 are fully applicable to all burning under the permit;
(i) Such other conditions
as DEQ considers to be desirable.
(7) Regardless of the conditions
contained in any letter permit, each letter permit, except permits for yard debris,
will not be valid for more than 30 consecutive calendar days of which a maximum
of seven can be used for burning. DEQ may issue specific letter permits for shorter
periods.
(8) Letter permits are not
renewable. Any request to conduct additional burning requires a new application
and a new permit.
(9) No person may violate
any condition, limitation, or term of a letter permit.
(10) All applications for
a letter permit for yard debris must be accompanied by a permit fee payable to DEQ,
or approved delegated authority, and become non-refundable upon issuance of the
permit. The fee to be submitted is:
(a) For a single burning
season, spring or fall — $20;
(b) For a calendar year —
$30.
(11) DEQ may waive the single
season permit fee if the applicant shows that the cost of the yard debris permit
presents an extreme financial hardship in relation to the household income and expenses
of the applicant.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.575 & 468A.595
Stats. Implemented: ORS 468A.025,
468A.555 - 468A.620, 477.515 & 477.520
Hist.: DEQ 27-1981, f. &
ef. 9-8-81; DEQ 10-1984, f. 5-29-84, ef. 6-16-84; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-023-0100;
DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 7-2015, f. & cert. ef. 4-16-15

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