Chapter 439 Oregon Laws 1999

Session Law

AN ACT

SB 337

Relating to applicability of air pollution controls to open burning; amending ORS 468A.020 and 468A.550.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 468A.020 is amended to read:

468A.020. (1) Except as provided in this section and in ORS 476.380 and 478.960, the air pollution laws contained in ORS chapters 468, 468A and 468B do not apply to:

(a) Agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992 and this section;

(b) Use of equipment in agricultural operations in the growth of crops or the raising of fowls or animals, except field burning which shall be subject to regulation pursuant to ORS 468.140, 468.150, 468A.555 to 468A.620 and 468A.992 and this section;

(d) Agricultural land clearing operations or land grading;

(e) Heating equipment in or used in connection with residences used exclusively as dwellings for not more than four families, except woodstoves which shall be subject to regulation under this section, ORS 468A.460 to 468A.480, 468A.490 and 468A.515;

(f) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for the purpose of weed abatement, prevention or elimination of a fire hazard, or instruction of employees in the methods of fire fighting, which in the opinion of the agency is necessary;

(g) Fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; [or]

(h) The propagation and raising of nursery stock, except boilers used in connection with the propagation and raising of nursery stock[.];

(i) The propane flaming of mint stubble[.]; or

(j) Stack or pile burning of residue from Christmas trees, as defined in ORS 571.505, during the period beginning October 1 and ending May 31 of the following year.

(2) As used in subsection (1) of this section, "field burning" does not include propane flaming of mint stubble.

SECTION 2. ORS 468A.550 is amended to read:

468A.550. As used in ORS 468A.555 to 468A.620 and 468A.992:

(1) "Smoke management" means the daily control of the conducting of open field burning to such times and places and in such amounts so as to provide for the escape of smoke and particulate matter therefrom into the atmosphere with minimal intrusion into cities and minimal impact on public health and in such a manner that under existing meteorological conditions a maximum number of acres registered can be burned in a minimum number of days without substantial impairment of air quality.

(2) "Smoke management program" means a plan or system for smoke management. A smoke management program shall include, but not be limited to, provisions for:

(a) Annual inventorying and registering, prior to the burning season, of agricultural fields for open field burning;

(b) Preparation and issuance of open field burning permits by affected governmental agencies;

(d) Scheduling times, places and amounts of agricultural fields that may be open burned daily or hourly, based on meteorological conditions during the burning season;

(e) Conducting surveillance and gathering and disseminating information on a daily or more frequent basis;

(f) Effective communications between affected personnel during the burning season; and

(g) Employment of personnel to conduct the program.

(3) As used in this section, "open field burning" does not include propane flaming of mint stubble or stack or pile burning of residue from Christmas trees, as defined in ORS 571.505.

Approved by the Governor July 1, 1999

Filed in the office of Secretary of State July 2, 1999

Effective date October 23, 1999

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