(1) Except as provided under ORS 468A.620, no person shall open burn or cause to be open burned, propane flamed or stack or pile burned in the counties specified in ORS 468A.595 (2), perennial or annual grass seed crop or cereal grain crop residue, unless the acreage has been registered under ORS 468A.615 and the permits required by ORS 468A.575, 476.380 and 478.960 have been obtained.
(2) The maximum total registered acreage allowed to be open burned per year pursuant to subsection (1) of this section shall be:
(a) For 1991, 180,000 acres.
(b) For 1992 and 1993, 140,000 acres.
(c) For 1994 and 1995, 120,000 acres.
(d) For 1996 and 1997, 100,000 acres.
(e) For 1998 and thereafter, 40,000 acres.
(3) The maximum total acreage allowed to be propane flamed under subsection (1) of this section shall be:
(a) In 1991 through 1997, 75,000 acres per year; and
(b) In 1998 and thereafter, 37,500 acres per year may be propane flamed.
(4)(a) After January 1, 1998, fields shall be prepared for propane flaming by removing all loose straw or vacuuming or prepared using other techniques approved by rule by the Environmental Quality Commission.
(b) After January 1, 1998, propane equipment shall satisfy best available technology.
(5) Notwithstanding the limitations set forth in subsection (2) of this section, in 1991 and thereafter, a maximum of 25,000 acres of steep terrain and species identified by the Director of Agriculture by rule may be open burned and shall not be included in the maximum total permitted acreage.
(6) Acreage registered to be open burned under this section may be propane flamed at the registrant’s discretion without reregistering the acreage.
(7) In the event of the registration of more than the maximum allowable acres for open burning in the counties specified in ORS 468A.595 (2), after 1996, the commission, after consultation with the State Department of Agriculture, by rule or order may assign priority of permits based on soil characteristics, the crop type, terrain or drainage.
(8) Permits shall be issued and burning shall be allowed for the maximum acreage specified in subsection (2) of this section unless:
(a) The daily determination of suitability of meteorological conditions, regional or local air quality conditions or other burning conditions requires that a maximum number of acres not be burned on a given day; or
(b) The commission finds after hearing that other reasonable and economically feasible, environmentally acceptable alternatives to the practice of annual open field burning have been developed.
(9) Upon a finding of extreme danger to public health or safety, the commission may order temporary emergency cessation of all open field burning, propane flaming or stack or pile burning in any area of the counties listed in ORS 468A.595 (2).
(10) The commission shall act on any application for a permit under ORS 468A.575 within 60 days of registration and receipt of the fee required under ORS 468A.615. The commission may order emergency cessation of open field burning at any time. Any other decision required under this section must be made by the commission on or before June 1 of each year. [1991 c.920 §12; 1995 c.358 §5]
Section: Previous 468A.580 468A.585 468A.590 468A.595 468A.597 468A.600 468A.605 468A.610 468A.615 468A.620 468A.625 468A.630 468A.635 468A.640 468A.650 NextLast modified: August 7, 2008