Current through Register Vol. 60, No. 12, December 1, 2021
The definitions in OAR
340-204-0010 and this
rule apply to this division. If the same term is defined in this rule and
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 open burning" means the open burning of any agricultural waste,
except as provided in OAR
(4) "Agricultural waste" means any
waste material generated or used by an agricultural operation, excluding those
materials described in OAR
(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.
"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
(8) "Commercial open
burning" means the open burning of any commercial waste.
"Commercial waste" means:
Any material except:
(A) Agricultural waste;
(B) Construction waste;
(C) Demolition waste;
(D) Domestic waste;
(E) Industrial waste; and
(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.
"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
burn select materials at a defined site and under certain conditions.
"Local jurisdiction" means:
(a) The local fire permit issuing authority;
(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
(a) Burning in open, outdoor
(b) Burning in burn
(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
(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,
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
(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.
"Waste" includes any useless or
discarded materials. Each waste is categorized in this division as one of the
(f) Industrial; or
"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