Or. Admin. R. 603-077-0195 - Field Burning Classification of Violations

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.

(2) Class Two:

(a) Failure to actively extinguish all flames and major smoke sources from open field or stack burning when prohibition conditions are imposed by the Department or when instructed to do so by an agent or employee of the Department;

(b) Causing or allowing a propane flaming operation to be conducted in a manner which causes or allows an open flame to be sustained;

(3) Class Three: Any violation related to open field burning, propane flaming, or stack burning which is not otherwise classified in these rules.

Notes

Or. Admin. R. 603-077-0195

DOA 2-1998, f. & cert. ef. 3-3-98; DOA 18-2003, f. & cert. ef. 5-15-03; DOA 22-2004, f. & cert. ef. 8-10-04

Stat. Auth.: ORS 561.190

Stats. Implemented: ORS 468A.585