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.
Notes
Or. Admin. R.
340-264-0060
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.
4/16/2015
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
