Or. Admin. R. 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:
(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);
(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.
Notes
Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.