Or. Admin. Code § 629-048-0500

Current through Register Vol. 63, No. 12, December 1, 2024

Section 629-048-0500 - Enforcement

(1) Violations of the Smoke Management Plan may be enforced either as violations of the fire prevention statutes and rules (ORS 477.980 to 477.993) or as violations of the forest practice rules (ORS 527.680 to 527.690, 527.990 to 527.992 and OAR 629-670).

(2)

(a) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause fire to burn uncontrolled, enforcement under the provisions of the fire prevention statutes and rules is appropriate.

(b) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause deterioration of air quality, enforcement under the provisions of the Forest Practices Act and rules (specifically, OAR 629-615-0300) is appropriate.

(3) Enforceable standards within the Smoke Management Plan include requirements to:

(a) Register burns prior to ignition (OAR 629-048-0230(4) and 629-048-0300);

(b) Obtain approval for and follow a burn plan (OAR 629-048-0230(2) and 629-043-0026(4);

(c) Obtain a burn permit and comply with any conditions included therein (OAR 629-048-0230(5) and ORS 477.515);

(d) Obtain and comply with daily Smoke Management instructions and updates (OAR 629-048-0230(6);

(e) Comply with restrictions regarding use ofcovers on burn piles (OAR 629-048-0210(4);

(f) Cease burning when directed by the forester (OAR 629-048-0100(4) and 629-048-0230(10);

(g) Report accomplishments (OAR 629-048-0320); and

(h) Pay fees (OAR 629-048-0310).

(4) Section 118 of the federal Clean Air Act provides for enforcement of state air quality regulations against federal agencies. It will be the policy of the Board of Forestry, in the event of a failure of a federal land management agency to comply with the Smoke Management Plan, that the forester will first inform the responsible agency of the failure and coordinate efforts to ensure timely correction of any breakdowns in procedure that may have resulted in the failure. However, if this method does not appear in the judgment of the State Forester to result in necessary correction of procedures, or under other circumstances that in the judgment of the State Forester warrant further action, enforcement action may be taken as with any other responsible party.

Or. Admin. Code § 629-048-0500

DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08; DOF 2-2014, f. & cert. ef. 7-11-14; DOF 1-2019, amend filed 02/15/2019, effective 3/1/2019

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041

Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562