75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1701
Senate Bill 528
Sponsored by Senators PROZANSKI, MORRISETTE, WALKER, BATES,
Representative HOLVEY; Senator BONAMICI, Representatives
BARNHART, BUCKLEY, GELSER, GREENLICK, KOTEK, NATHANSON, NOLAN,
SHIELDS, TOMEI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits certain field burning in specified Oregon counties.
Allows Environmental Quality Commission to adopt rules listing
additional counties to be covered by prohibitions relating to
field burning. Allows specified number of acres of steep terrain
to be burned until 2011. Allows commission by order to permit
emergency field burning of specified number of acres under
certain conditions. Modifies fees for field burning. Transfers
administration of certain provisions regarding field burning from
State Department of Agriculture to Department of Environmental
Quality.
Establishes Department of Environmental Quality Service Fund
and continuously appropriates moneys in fund to Department of
Environmental Quality for administering provisions related to
field burning.
Repeals provisions related to memorandum of understanding
between Environmental Quality Commission and State Department of
Agriculture.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to field burning; creating new provisions; amending ORS
468A.560, 468A.570, 468A.575, 468A.580, 468A.590, 468A.595,
468A.610, 468A.615, 468A.620, 468A.990 and 468A.992; repealing
ORS 468A.585; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 468A.560 is amended to read:
468A.560. (1) Except { - for the fee imposed under ORS
468A.615 (1)(c), the provisions of - } { + as provided in + }
ORS 468A.550 to 468A.620
{ - and 468A.992 shall apply only to - } { + , + } open field
burning, propane flaming and stack or pile burning of
{ + perennial or annual + } grass seed { + crop residue + } or
cereal grain crop { - residues - } { + residue is not
allowed + } on acreage located in { - the counties specified in
ORS 468A.595 (2) - } { + Multnomah, Washington, Clackamas,
Marion, Polk, Yamhill, Linn, Benton and Lane Counties + }.
{ - (2) Nothing in this section shall apply to the propane
flaming of mint stubble. - }
{ + (2) As necessary to implement the federal Clean Air Act,
P.L. 88-206, as in effect on the effective date of this 2009
Act, or as necessary to protect public health, the Environmental
Quality Commission by rule may list counties, in addition to
those listed in subsection (1) of this section, to which the
provisions of ORS 468A.550 to 468A.620 apply. + }
SECTION 2. { + Sections 3 and 4 of this 2009 Act are added to
and made a part of ORS 468A.550 to 468A.620. + }
SECTION 3. { + (1) Notwithstanding the prohibition set forth
in ORS 468A.560 and except as provided in subsection (2) of this
section, after consultation with the Director of Agriculture,
species in areas of steep terrain identified by the Environmental
Quality Commission by rule in the counties listed in ORS 468A.560
(1) or in the counties listed in any rule adopted by the
commission pursuant to ORS 468A.560 (2) may be open burned,
propane flamed or stack or pile burned as follows:
(a) For 2009, a total of no more than 12,500 acres.
(b) For 2010, a total of no more than 6,250 acres.
(c) For 2011 and thereafter, none.
(2) Steep terrain in Linn, Benton and Lane Counties may not be
open burned under the provisions of this section. + }
SECTION 4. { + (1) Notwithstanding the prohibition of ORS
468A.560 and in addition to the acreage that may open burned
pursuant to section 3 of this 2009 Act, the Environmental Quality
Commission may by order permit emergency open burning, propane
flaming or stack or pile burning of up to 6,250 acres if the
commission finds:
(a) Extreme hardship due to disease outbreak, insect
infestation or irreparable damage to steep terrain, as identified
by the Environmental Quality Commission by rule, outweighs the
dangers to public health and safety from emergency open burning,
propane flaming or stack or pile burning;
(b) Authorization of additional acreage does not result in open
burning, propane flaming or stack or pile burning of more acreage
than required to address the emergency;
(c) Authorization of additional acreage is limited to the
calendar year in which the commission makes the required
findings; and
(d) All emergency open burning, propane flaming or stack or
pile burning is otherwise consistent with ORS 468A.550 to
468A.620 and rules adopted under ORS 468A.550 to 468A.620.
(2) The commission by rule may assess fees for the acreage
burned pursuant to subsection (1) of this section. + }
SECTION 5. ORS 468A.570 is amended to read:
468A.570. (1) As used in this section:
(a) 'Marginal conditions' means atmospheric conditions such
that smoke and particulate matter escape into the upper
atmosphere with some difficulty but not such that limited
additional smoke and particulate matter would constitute a danger
to the public health and safety.
(b) 'Marginal day' means a day on which marginal conditions
exist.
(2) For purposes of ORS 476.380 and 478.960, the Environmental
Quality Commission shall classify different types or combinations
of atmospheric conditions as marginal conditions and shall
specify the extent and types of burning that may be allowed under
different combinations of atmospheric conditions. A schedule
describing the types and extent of burning to be permitted on
each type of marginal day shall be prepared and circulated to all
public agencies responsible for providing information and issuing
permits under ORS 476.380 and 478.960. The schedule shall give
first priority to the burning of perennial grass seed crops used
for grass seed production, second priority to annual grass seed
crops used for grass seed production, third priority to grain
crop burning, and fourth priority to all other burning and shall
prescribe duration of periods of time during the day when burning
is authorized.
{ - (3) In preparing the schedule under subsection (2) of
this section, the commission shall provide for the assignment of
fourth priority burning by the State Department of Agriculture in
accordance with the memorandum of understanding established
pursuant to ORS 468A.585. - }
{ - (4) - } { + (3) + } In preparing the schedule required
under subsection (2) of this section, the commission shall weigh
the economic consequences of scheduled burnings and the
feasibility of alternative actions, and shall consider weather
conditions and other factors necessary to protect the public
health and welfare.
{ - (5) - } { + (4) + } None of the functions of the
commission under this section or under ORS 476.380 or 478.960, as
it relates to agricultural burning, shall be performed by any
regional air quality control authority established under ORS
468A.105.
SECTION 6. ORS 468A.575 is amended to read:
468A.575. (1) { + If open burning, propane flaming or stack or
pile burning is allowed pursuant to section 3 or 4 of this 2009
Act, + } permits { - for open burning, propane flaming or stack
or pile burning of the residue from perennial grass seed crops,
annual grass seed crops and cereal grain crops - } are required
{ - in the counties listed in ORS 468A.595 (2) - } and shall be
issued in accordance with rules adopted by the Environmental
Quality Commission and subject to the fee prescribed in ORS
468A.615. The permit described in this section shall be issued in
conjunction with permits required under ORS 476.380 or 478.960.
(2) By rule the Environmental Quality Commission may delegate
to any county court, board of county commissioners, fire chief of
a rural fire protection district or other responsible person the
duty to deliver permits to burn acreage if the acreage has been
registered under ORS 468A.615 and fees have been paid as required
in ORS 468A.615.
SECTION 7. { + The Department of Environmental Quality Service
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Department of
Environmental Quality Service Fund shall be credited to the fund.
Moneys in the fund are continuously appropriated to the
Department of Environmental Quality for the purpose of
administering the provisions of ORS 468A.550 to 468A.620. + }
SECTION 8. { + (1) The unexpended balances of amounts in the
Department of Agriculture Service Fund authorized to be expended
by the State Department of Agriculture from any fines collected
under ORS 468A.580 or fees collected under ORS 468A.615 for the
purposes specified in those sections are transferred to the
Department of Environmental Quality Service Fund established in
section 7 of this 2009 Act and are available for expenditure by
the Department of Environmental Quality beginning July 1, 2011,
for the purpose of administering the provisions of ORS 468A.550
to 468A.620.
(2) The amendments to ORS 468A.580 (3) and 468A.615 (2) by
sections 10 and 15 of this 2009 Act apply to fines and fees
collected on or after July 1, 2011. + }
SECTION 9. ORS 468A.580 is amended to read:
468A.580. (1) Permits under ORS 468A.575 for open field burning
of cereal grain crops shall be issued in the counties listed in
ORS { - 468A.595 (2) - } { + 468A.560 (1) and in the counties
listed in any rule adopted by the Environmental Quality
Commission pursuant to ORS 468A.560 (2) + }only if { + allowed
pursuant to section 3 or 4 of this 2009 Act and only if + } the
person seeking the permit submits to the issuing authority a
signed statement under oath or affirmation that the acreage to be
burned will be planted to seed crops other than cereal grains
which require flame sanitation for proper cultivation.
(2) The Department of Environmental Quality shall inspect
cereal grain crop acreage burned under subsection (1) of this
section after planting in the following spring to determine
compliance with subsection (1) of this section.
(3) Any person planting contrary to the restrictions of
subsection (1) of this section shall be assessed by the
department a civil penalty of $25 for each acre planted contrary
to the restrictions. Any fines collected by the department under
this subsection shall be deposited by the State Treasurer in the
Department of Agriculture Service Fund to be used in carrying out
the smoke management program in cooperation with the Oregon Seed
Council and for administration of this section.
(4) Any person planting seed crops after burning cereal grain
crops under subsection (1) of this section may apply to the
department for permission to plant contrary to the restrictions
of subsection (1) of this section if the seed crop fails to grow.
The department may allow planting contrary to the restrictions of
subsection (1) of this section if the crop failure occurred by
reasons other than the negligence or intentional act of the
person planting the crop or one under the control of the person
planting the crop.
SECTION 10. ORS 468A.580, as amended by section 9 of this 2009
Act, is amended to read:
468A.580. (1) Permits under ORS 468A.575 for open field burning
of cereal grain crops shall be issued in the counties listed in
ORS 468A.560 (1) and in the counties listed in any rule adopted
by the Environmental Quality Commission pursuant to ORS 468A.560
(2) only if allowed pursuant to section 3 or 4 of this 2009 Act
and only if the person seeking the permit submits to the issuing
authority a signed statement under oath or affirmation that the
acreage to be burned will be planted to seed crops other than
cereal grains which require flame sanitation for proper
cultivation.
(2) The Department of Environmental Quality shall inspect
cereal grain crop acreage burned under subsection (1) of this
section after planting in the following spring to determine
compliance with subsection (1) of this section.
(3) Any person planting contrary to the restrictions of
subsection (1) of this section shall be assessed by the
department a civil penalty of $25 for each acre planted contrary
to the restrictions. Any fines collected by the department under
this subsection shall be deposited by the State Treasurer in the
{ - Department of Agriculture Service Fund - } { + Department
of Environmental Quality Service Fund + } to be used in carrying
out the smoke management program in cooperation with the Oregon
Seed Council and for administration of this section.
(4) Any person planting seed crops after burning cereal grain
crops under subsection (1) of this section may apply to the
department for permission to plant contrary to the restrictions
of subsection (1) of this section if the seed crop fails to grow.
The department may allow planting contrary to the restrictions of
subsection (1) of this section if the crop failure occurred by
reasons other than the negligence or intentional act of the
person planting the crop or one under the control of the person
planting the crop.
SECTION 11. ORS 468A.590 is amended to read:
468A.590. { - Pursuant to the memorandum of understanding
established under ORS 468A.585, the State Department of
Agriculture - } { + The Department of Environmental
Quality + }:
(1) Shall:
(a) Conduct the smoke management program established by rule by
the Environmental Quality Commission as it pertains to open field
burning, propane flaming and stack or pile burning.
(b) Aid fire districts and permit agents in carrying out their
responsibilities for administering field sanitization programs.
(c) Subject to available funding, conduct a program for the
research and development of alternatives to field burning.
(2) May:
(a) Enter into contracts with public and private agencies to
carry out the purposes set forth in subsection (1) of this
section;
(b) Obtain patents in the name of the State of Oregon and
assign such rights therein as the { - State Department of
Agriculture - } { + Department of Environmental Quality + }
considers appropriate;
(c) Employ personnel to carry out the duties assigned to it;
and
(d) { - Sell and dispose of all surplus property of the State
Department of Agriculture related to smoke management, including
but not limited to straw-based products produced or manufactured
by the State Department of Agriculture - } { + Enter onto and
inspect, at any reasonable time, the premises of any person
engaged in open field burning, propane flaming or stack or pile
burning to ascertain compliance with a statute, rule, standard or
permit condition relating to the field burning smoke management
program + }.
SECTION 12. ORS 468A.595 is amended to read:
468A.595. In order to regulate open field burning pursuant to
ORS { - 468A.610 - } { + 468A.550 to 468A.620 + }:
(1) In such areas of the state and for such periods of time as
it considers necessary to carry out the policy of ORS 468A.010,
the Environmental Quality Commission by rule may prohibit,
restrict or limit classes, types and extent and amount of burning
for perennial grass seed crops, annual grass seed crops and grain
crops.
{ - (2) In addition to but not in lieu of the provisions of
ORS 468A.610 and of any other rule adopted under subsection (1)
of this section, the commission shall adopt rules for Multnomah,
Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and
Lane Counties, which provide for a more rapid phased reduction by
certain permit areas, depending on particular local air quality
conditions and soil characteristics, the extent, type or amount
of open field burning of perennial grass seed crops, annual grass
seed crops and grain crops and the availability of alternative
methods of field sanitation and straw utilization and
disposal. - }
{ - (3) - } { + (2) + } Before promulgating rules pursuant
to { - subsections (1) and (2) - } { + subsection (1) + } of
this section, the commission
{ - shall - } { + may + } consult with Oregon State
University and { - may consult with - } the United States
Natural Resources Conservation Service, or its successor agency,
the Agricultural Stabilization Commission, the state Soil and
Water Conservation Commission and other interested agencies. The
Department of Environmental Quality shall advise the commission
in the promulgation of such rules. The commission must review and
show on the record the recommendations of the department in
promulgating such rules.
{ - (4) - } { + (3) + } No regional air quality control
authority shall have authority to regulate burning of perennial
grass seed crops, annual grass seed crops and grain crops.
{ - (5) - } { + (4) + } Any amendments to the State
Implementation Plan prepared by the state pursuant to the federal
Clean Air Act, as enacted by Congress, December 31, 1970, and as
amended by Congress August 7, 1977, and November 15, 1990, and
Acts amendatory thereto shall be { - only - } { + at
least + } of such sufficiency as to gain approval of the
amendment by the United States Environmental Protection Agency
and shall not include rules promulgated by the commission
pursuant to subsection (1) of this section not necessary for
attainment of national ambient air quality standards.
SECTION 13. ORS 468A.610 is amended to read:
468A.610. (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 - }
{ + listed + } in ORS
{ - 468A.595 (2) - } { + 468A.560 (1) and in the counties
listed in any rule adopted by the Environmental Quality
Commission pursuant to ORS 468A.560 (2) + }, perennial or annual
grass seed crop { + residue + } or cereal grain crop residue,
unless { + allowed pursuant to section 3 or 4 of this 2009 Act
and 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) - } { + (2) + } { - 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 { + , and + } { - . - }
{ - (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) - } { + (3) + } Acreage registered to be open
burned under this section may be propane flamed at the
registrant's discretion without reregistering the acreage.
{ - (7) - } { + (4) + } In the event of the registration of
more than the maximum allowable acres for open burning { + ,
propane flaming or stack or pile burning + } in the counties
{ - specified - } { + listed + } in ORS
{ - 468A.595 (2), after 1996 - } { + 468A.560 (1) or in the
counties listed in any rule adopted by the commission pursuant to
ORS 468A.560 (2) + }, 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) - } { + (5) + } Permits shall be issued { + under
ORS 468A.575 + } and { + open + } burning { + , propane flaming
and stack or pile burning + }shall be allowed for the maximum
acreage { - specified in subsection (2) of this section - }
{ + allowed pursuant to section 3 of this 2009 Act + } 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) - } { + (6) + } 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 - } { + and + } stack or pile burning in any area
{ - of the counties listed in ORS 468A.595 (2) - } { + where
burning or flaming is allowed pursuant to section 3 or 4 of this
2009 Act + }.
{ - (10) - } { + (7) + } 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. - }
SECTION 14. ORS 468A.615 is amended to read:
468A.615. (1)(a) On or before April 1 of each year, the grower
of a grass seed crop shall register with the county court or
board of county commissioners, the fire chief of a rural fire
protection district, the designated representative of the fire
chief or other responsible persons the number of acres to be open
burned or propane flamed in the remainder of the year. At the
time of registration, the Department of Environmental Quality
shall collect a nonrefundable fee of { - $2 - } { + $4 + }
per acre registered to be sanitized by open burning or
{ - $1 - } { + $2 + } per acre to be sanitized by propane
flaming. The department may contract with counties and rural fire
protection districts or other responsible persons for the
collection of the fees which shall be forwarded to the
department. Any person registering after April 1 { - of - }
{ + in + } each year shall pay an additional fee of { - $1 - }
{ + $2 + } per acre registered if the late registration is due
to the fault of the late registrant or
{ - one - } { + a person + } under the control of the late
registrant. Late registrations must be approved by the
department. Copies of the registration form shall be forwarded to
the department. The required registration must be made and the
fee paid before a permit shall be issued under ORS 468A.575.
(b) Except as provided in paragraph (d) of this subsection, the
department shall collect a fee in accordance with paragraph (c)
of this subsection for issuing a permit for open burning, propane
flaming or stack or pile burning of perennial or annual grass
seed crop { + residue + } or cereal grain crop residue under ORS
468A.555 to 468A.620 and 468A.992. The department may contract
with counties and rural fire protection districts or other
responsible persons for the collection of the fees which shall be
forwarded to the department.
(c) The fee required under paragraph (b) of this subsection
shall be paid within 10 days after { - a permit is issued and
shall be - } { + the date of the invoice issued by the issuing
authority and shall be + }:
(A) { - $8 - } { + $16 + } per acre of crop sanitized by
open burning in the counties { - specified - } { + listed + }
in ORS { - 468A.595 (2) - } { + 468A.560 (1) and in the
counties listed in any rule adopted by the Environmental Quality
Commission pursuant to ORS 468A.560 (2) + };
(B) $4 per acre of perennial or annual grass seed crop
sanitized by open burning in any county not { - specified - }
{ + listed + } in ORS { - 468A.595 (2) - } { + 468A.560 (1)
or in any county not listed in any rule adopted by the commission
pursuant to ORS 468A.560 (2) + };
(C) { - $2 - } { + $4 + } per acre of crop sanitized by
propane flaming;
(D) { + $10 per acre + } for acreage from which 100 percent of
the straw is removed and burned in stacks or piles { + ; and + }
{ - : - }
{ - (i) $2 per acre from January 1, 1992, to December 31,
1997; - }
{ - (ii) $4 per acre in 1998; - }
{ - (iii) $6 per acre in 1999; - }
{ - (iv) $8 per acre in 2000; and - }
{ - (v) $10 per acre in 2001 and thereafter; and - }
(E) For acreage from which less than 100 percent of the straw
is removed and burned in stacks or piles, the same per acre as
the fee imposed under subparagraph (D) of this paragraph, but
with a reduction in the amount of acreage for which the fee is
charged by the same percentage as the reduction in the amount of
straw to be burned.
(d) The fee required by paragraph (b) of this subsection shall
not be charged for any acreage where efficient burning of stubble
is accomplished with equipment certified by the department for
field sanitizing purposes or with any other certified alternative
method to open field burning, propane flaming or stack or pile
burning. The fee required by paragraph (b) of this subsection
shall not be charged for any acreage not harvested prior to
burning or for any acreage not burned.
(2) All fees collected under this section shall be deposited in
the State Treasury to the credit of the Department of Agriculture
Service Fund. Such moneys are continuously appropriated to the
State Department of Agriculture for the purpose of carrying out
the duties and responsibilities carried out by the State
Department of Agriculture pursuant to the memorandum of
understanding established under ORS 468A.585.
(3) It is the intention of the Legislative Assembly that the
programs for smoke management, air quality monitoring and the
enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992
be operated in a manner that maximizes the resources available
for the research and development program. Therefore, with regard
to the disbursement of funds collected under subsection (1) of
this section, the State Department of Agriculture shall act in
accordance with the intent of the Legislative Assembly and shall:
(a) Pay an amount to the county or board of county
commissioners or the fire chief of the rural fire protection
district or other responsible person, for each fire protection
district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in
the district, 75 cents per acre registered for each of the second
5,000 acres registered in the district and 35 cents per acre
registered for all acreage registered in the district in excess
of 10,000 acres, to cover the cost of and to be used solely for
the purpose of administering the program of registration of
acreage to be burned, issuance of permits, keeping of records and
other matters directly related to agricultural field burning. For
each acre from which straw is removed and burned in stacks or
piles, the State Department of Agriculture shall pay to the
county or board of county commissioners, or the fire chief of the
rural fire protection district or other responsible person, 25
cents per acre.
(b) Designate an amount to be used for the smoke management
program. The State Department of Agriculture by contract with the
Oregon Seed Council or otherwise shall organize rural fire
protection districts and growers, coordinate and provide
communications, hire ground support personnel, provide aircraft
surveillance and provide such added support services as are
necessary.
(c) Retain funds for the operation and maintenance of the
Willamette Valley field burning air quality impact monitoring
network and to insure adequate enforcement of rules established
by the Environmental Quality Commission governing standards of
practice for open field burning, propane flaming and stack or
pile burning.
{ - (d) Of the remaining funds, designate an amount to be
used for additional funding for research and development
proposals described in the plan developed pursuant to section 15,
chapter 920, Oregon Laws 1991. - }
SECTION 15. ORS 468A.615, as amended by section 14 of this 2009
Act, is amended to read:
468A.615. (1)(a) On or before April 1 of each year, the grower
of a grass seed crop shall register with the county court or
board of county commissioners, the fire chief of a rural fire
protection district, the designated representative of the fire
chief or other responsible persons the number of acres to be open
burned or propane flamed in the remainder of the year. At the
time of registration, the Department of Environmental Quality
shall collect a nonrefundable fee of $4 per acre registered to be
sanitized by open burning or $2 per acre to be sanitized by
propane flaming. The department may contract with counties and
rural fire protection districts or other responsible persons for
the collection of the fees which shall be forwarded to the
department. Any person registering after April 1 in each year
shall pay an additional fee of $2 per acre registered if the late
registration is due to the fault of the late registrant or a
person under the control of the late registrant. Late
registrations must be approved by the department. Copies of the
registration form shall be forwarded to the department. The
required registration must be made and the fee paid before a
permit shall be issued under ORS 468A.575.
(b) Except as provided in paragraph (d) of this subsection, the
department shall collect a fee in accordance with paragraph (c)
of this subsection for issuing a permit for open burning, propane
flaming or stack or pile burning of perennial or annual grass
seed crop residue or cereal grain crop residue under ORS 468A.555
to 468A.620 and 468A.992. The department may contract with
counties and rural fire protection districts or other responsible
persons for the collection of the fees which shall be forwarded
to the department.
(c) The fee required under paragraph (b) of this subsection
shall be paid within 10 days after the date of the invoice issued
by the issuing authority and shall be:
(A) $16 per acre of crop sanitized by open burning in the
counties listed in ORS 468A.560 (1) and in the counties listed in
any rule adopted by the Environmental Quality Commission pursuant
to ORS 468A.560 (2);
(B) $4 per acre of perennial or annual grass seed crop
sanitized by open burning in any county not listed in ORS
468A.560 (1) or in any county not listed in any rule adopted by
the commission pursuant to ORS 468A.560 (2);
(C) $4 per acre of crop sanitized by propane flaming;
(D) $10 per acre for acreage from which 100 percent of the
straw is removed and burned in stacks or piles; and
(E) For acreage from which less than 100 percent of the straw
is removed and burned in stacks or piles, the same per acre as
the fee imposed under subparagraph (D) of this paragraph, but
with a reduction in the amount of acreage for which the fee is
charged by the same percentage as the reduction in the amount of
straw to be burned.
(d) The fee required by paragraph (b) of this subsection shall
not be charged for any acreage where efficient burning of stubble
is accomplished with equipment certified by the department for
field sanitizing purposes or with any other certified alternative
method to open field burning, propane flaming or stack or pile
burning. The fee required by paragraph (b) of this subsection
shall not be charged for any acreage not harvested prior to
burning or for any acreage not burned.
(2) All fees collected under this section shall be deposited in
the State Treasury to the credit of the { - Department of
Agriculture Service Fund - } { + Department of Environmental
Quality Service Fund established under section 7 of this 2009
Act + }. { - Such moneys are continuously appropriated to the
State Department of Agriculture for the purpose of carrying out
the duties and responsibilities carried out by the State
Department of Agriculture pursuant to the memorandum of
understanding established under ORS 468A.585. - }
(3) It is the intention of the Legislative Assembly that the
programs for smoke management, air quality monitoring and the
enforcement of rules under ORS 468A.550 to 468A.620 and 468A.992
be operated in a manner that maximizes the resources available
for the research and development program. Therefore, with regard
to the disbursement of funds collected under subsection (1) of
this section, the { - State Department of Agriculture - }
{ + Department of Environmental Quality + } shall act in
accordance with the intent of the Legislative Assembly and shall:
(a) Pay an amount to the county or board of county
commissioners or the fire chief of the rural fire protection
district or other responsible person, for each fire protection
district, $1 per acre registered for each of the first 5,000
acres registered for open field burning and propane flaming in
the district, 75 cents per acre registered for each of the second
5,000 acres registered in the district and 35 cents per acre
registered for all acreage registered in the district in excess
of 10,000 acres, to cover the cost of and to be used solely for
the purpose of administering the program of registration of
acreage to be burned, issuance of permits, keeping of records and
other matters directly related to agricultural field burning. For
each acre from which straw is removed and burned in stacks or
piles, the { - State Department of Agriculture - }
{ + Department of Environmental Quality + } shall pay to the
county or board of county commissioners, or the fire chief of the
rural fire protection district or other responsible person, 25
cents per acre.
(b) Designate an amount to be used for the smoke management
program. The { - State Department of Agriculture - }
{ + Department of Environmental Quality + } by contract with the
Oregon Seed Council or otherwise { - shall - } { + may + }
organize rural fire protection districts and growers, coordinate
and provide communications, hire ground support personnel,
provide aircraft surveillance and provide such added support
services as are necessary.
(c) Retain funds for the operation and maintenance of the
Willamette Valley field burning air quality impact monitoring
network and to insure adequate enforcement of rules established
by the Environmental Quality Commission governing standards of
practice for open field burning, propane flaming and stack or
pile burning.
SECTION 16. ORS 468A.620 is amended to read:
468A.620. (1) { - Notwithstanding the provisions of ORS
468A.610, - } For the purpose of improving by demonstration or
investigation the environmental or agronomic effects of
alternative methods of field sanitization, the Environmental
Quality Commission shall by rule allow experimental field
sanitization under the direction of the Department of
Environmental Quality for up to 1,000 acres of perennial grass
seed crops, annual grass seed crops and grain crops in such areas
and for such periods of time as it considers necessary.
Experimental field sanitization includes but is not limited to:
(a) Development, demonstration or training personnel in the use
of special or unusual field ignition techniques or methodologies.
(b) Setting aside times, days or areas for special studies.
(c) Operation of experimental mobile field sanitizers and
improved propane flaming devices.
(d) Improved methods of stack or pile burning.
(2) The commission may allow open burning under this section of
acreage for which permits have not been issued under ORS
{ - 468A.610 - } { + 468A.575 + } if the commission finds
that the experimental burning:
(a) Can, in theory, reduce the adverse effects on air quality
or public health from open field burning; and
(b) Is necessary in order to obtain information on air quality,
public health or the agronomic effects of an experimental form of
field sanitization.
(3) The commission may, by rule, establish fees, registration
requirements and other requirements or limitations necessary to
carry out the provisions of this section.
SECTION 17. ORS 468A.990 is amended to read:
468A.990. (1) Violation of any rule or standard adopted or any
order issued by a regional authority relating to air pollution is
a Class A misdemeanor.
(2) Unless otherwise provided, each day of violation of any
rule, standard or order relating to air pollution constitutes a
separate offense.
(3) Violation of ORS { + 468A.560 or + } 468A.610 or of any
rule adopted pursuant to ORS { + 468A.560 or + } 468A.595 is a
Class A misdemeanor. Each day of violation constitutes a separate
offense.
(4) Violation of the provisions of ORS 468A.655 is a Class A
misdemeanor.
SECTION 18. ORS 468A.992 is amended to read:
468A.992. (1) In addition to any liability or penalty provided
by law, the { - State Department of Agriculture - }
{ + Department of Environmental Quality + } may impose a civil
penalty on any person who fails to comply with a provision of ORS
468A.555 to 468A.620 or any rule adopted thereunder, or a permit
issued under ORS 468A.555 to 468A.620, relating to open field
burning.
(2) The { - State Department of Agriculture - }
{ + department + } shall impose any civil penalty under this
section in the same manner as the department { - of
Environmental Quality - } imposes and collects a civil penalty
under ORS 468.140.
SECTION 19. { + ORS 468A.585 is repealed. + }
SECTION 20. { + Except as provided in section 21 of this 2009
Act, sections 7 and 8 of this 2009 Act, the repeal of ORS
468A.585 by section 19 of this 2009 Act and the amendments to ORS
468A.570, 468A.580, 468A.590, 468A.615 and 468A.992 by sections
5, 10, 11, 15 and 18 of this 2009 Act become operative July 1,
2011. + }
SECTION 21. { + The Environmental Quality Commission may adopt
rules before the operative date specified in section 20 of this
2009 Act or take any action before that date that is necessary to
carry out sections 7 and 8 of this 2009 Act, the repeal of ORS
468A.585 by section 19 of this 2009 Act and the amendments to ORS
468A.570, 468A.580, 468A.590, 468A.615 and 468A.992 by sections
5, 10, 11, 15 and 18 of this 2009 Act. + }
SECTION 22. { + (1) Sections 2 to 4 of this 2009 Act and the
amendments to ORS 468A.560, 468A.575, 468A.580, 468A.595,
468A.610, 468A.615, 468A.620 and 468A.990 by sections 1, 6, 9, 12
to 14, 16 and 17 of this 2009 Act apply to all open field
burning, propane flaming and stack or pile burning occurring on
or after the effective date of this 2009 Act.
(2) Sections 7 and 8 of this 2009 Act, the repeal of ORS
468A.585 by section 19 of this 2009 Act and the amendments to ORS
468A.570, 468A.580, 468A.590, 468A.615 and 468A.992 by sections
5, 10, 11, 15 and 18 of this 2009 Act apply to all open field
burning, propane flaming and stack or pile burning occurring on
or after the operative date specified in section 20 of this 2009
Act. + }
SECTION 23. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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