OAR 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 (Enforcement policy) to 477.993 (Penalties)) or as violations of the forest practice rules (ORS 527.680 (Violation by operator) to 527.690 (Failure to comply with order to reforest or repair damage), 527.990 (Criminal penalties) to 527.992 (Civil penalties) and OAR 629-670).(2)
Intentionally left blank —Ed.(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 (Burn Procedures)(4) and 629-048-0300 (Registration of Intent to Burn));(b)
Obtain approval for and follow a burn plan (OAR 629-048-0230 (Burn Procedures)(2) and 629-043-0026 (Operation Area Fire Prevention)(4);(c)
Obtain a burn permit and comply with any conditions included therein (OAR 629-048-0230 (Burn Procedures)(5) and ORS 477.515 (Permits required for fires on forestlands));(d)
Obtain and comply with daily Smoke Management instructions and updates (OAR 629-048-0230 (Burn Procedures)(6);(e)
Comply with restrictions regarding use of covers on burn piles (OAR 629-048-0210 (Best Burn Practices; Emission Reduction Techniques)(4);(f)
Cease burning when directed by the forester (OAR 629-048-0100 (Regulated Areas)(4) and 629-048-0230 (Burn Procedures)(10);(g)
Report accomplishments (OAR 629-048-0320 (Reporting of Accomplishments)); and(h)
Pay fees (OAR 629-048-0310 (Fees for Prescribed Burning)).(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.
Source:
Rule 629-048-0500 — Enforcement, https://secure.sos.state.or.us/oard/view.action?ruleNumber=629-048-0500.