Oregon Administrative Code

837-085-0250 Notice of Noncompliance and Proposed/Final Penalty Assessment Order (1) If, during an audit initiated by the State Fire Marshal, it is concluded that a covered employer, owner or operator has not complied with the Community Right-to-Know and Protection Act and its ad…

837-085-0260 Employer, Owner, or Operator Response to Notices of Noncompliance (1) After receipt of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, the covered employer, owner or operator must submit all information requested by the State Fire Marshal on or…

837-085-0270 Penalty Criteria for Noncompliance — General (1) Any covered employer, owner or operator found to be in noncompliance may be assessed a penalty of up to a maximum of $1,000 per day for each day of noncompliance in accordance with ORS 453.357. (a) The number of days t…

837-085-0280 Noncompliance Classes For the purpose of determining the penalties that may be assessed for noncompliance, the following Noncompliance Classes are established: (1) Class I Noncompliance. A covered employer, owner, or operator shall be considered in Class 1 Noncomplia…

837-085-0290 Penalties for Class I, II and III Noncompliance When a determination has been made to assess a civil penalty, the following applicable daily penalty shall be assessed for Class I, II or III Noncompliance: (1) Class I — $100. (2) Class II — $15. (3) Class III — $20. S…

837-085-0300 Penalties for Class IV Noncompliance (1) When a determination has been made to assess a civil penalty, a covered employer, owner, or operator identified as being in class IV Noncompliance shall have a $50 penalty assessed daily for any number of unreported radioactiv…

837-085-0305 Penalties for Class V Noncompliance A covered employer, owner, or operator identified as being in Class V Noncompliance shall be assessed a $1000 penalty for each day they are in noncompliance. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 43…

837-085-0310 Penalty Suspensions (1) Penalties assessed for Class I, II, III and IV Noncompliance will be suspended in accordance with the following criteria: (a) To receive a penalty suspension a covered employer, owner, or operator receiving a Notice of Noncompliance and Propos…

837-085-0320 Payment of Penalties (1) All civil penalties become due and owing ten days after the Notice of Noncompliance and Proposed/Final Penalty Assessment Order becomes final. (2) If payment is not received within ten days after the order becomes final, it may be docketed as…

837-085-0330 Contested Case Process — General (1) Any person directly affected may request a hearing to contest, in part or in total, a Notice of Noncompliance and Proposed/Final Penalty Assessment Order, decisions related to a request to review the assessment of the Hazardous Su…

837-085-0340 Requesting a Hearing (1) Hearing requests must be filed in writing, within 30 days following: (a) The service of a Notice of Noncompliance and Proposed/Final Penalty Assessment Order; or (b) Issuing a decision related to an application for exemption. (2) Hearing requ…

837-085-0350 Alternative Dispute Resolutions (1) The State Fire Marshal will provide an opportunity for a person to discuss their case during an informal conference. An informal conference may be requested and held prior to or in lieu of a formal hearing. (2) The request for, or …

837-085-0360 Formal Hearing (1) The State Fire Marshal will arrange for a hearings officer to conduct a formal hearing if it is deemed that the dispute being contested cannot be resolved informally. (2) The State Fire Marshal will set a date, time and location for the formal hear…

837-085-0370 Manifest Injustice (1) To prevent a manifest injustice, if a timely appeal has not been filed, the State Fire Marshal, at the State Fire Marshal’s own discretion or upon request from the affected employer, owner or operator, may vacate or amend the Community Right-to…

837-085-0380 Incident Reporting System (1) Emergency service personnel responding to an incident of threatened or actual injury to a human, wildlife, domestic animal, or in which damage to the environment, or any property loss occurs resulting from a chemical substance or waste i…

837-085-0390 Annual Summaries The State Fire Marshal shall annually summarize all incidents reported and information received from the Hazardous Substance Information Survey. Copies of these summaries will be distributed at no charge to: (1) Governor; (2) Legislative Assembly; (3…

837-090-1000 Coverage (1) Persons with facilities covered by ORS 453.317 and OAR 837-090-1000 through 837-090-1045 shall be subject to a fee assessment for those hazardous substances classified as minimally, generally, very hazardous, or subject only to a registration fee. (2) Ea…

837-090-1005 General (1) Annually any person possessing a hazardous substance at a covered facility in this state shall pay a fee for each facility site. (2) The annual fee shall be due following the requirement for submission of a Hazardous Substance Survey. See OAR 837-090-1000…

837-090-1010 Effective Dates (1) OAR 837-090-1000 through 837-090-1045 are effective upon date of filing. (2) Local government Hazardous Substance Possession Fee programs shall be in compliance with these rules. Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: O…

837-090-1015 Definitions (1) "Aerosol" means any material which is dispensed from its container as a mist, spray or foam by propellant under pressure. (2) "Blasting Agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise classif…

837-090-1020 Hazardous Classification (1) Hazardous substances shall be classified according to the hazard(s) they present. (2) Hazardous substances shall be classified as generally hazardous unless they meet the criteria for classification as minimally hazardous, very hazardous …

837-090-1025 Payments and Billings (1) Hazardous Substance Possession Fee payments are due by January 1 unless otherwise specified on the fee assessment statement. (2) Hazardous Substance Possession Fees shall be due retroactively to January 1 of each year, for those persons who …

837-090-1030 State Fee Schedules (1) Three state fee schedules shall be developed annually as the basis for assessing each person returning Hazardous Substance Information Survey (see OAR 837-090-1000 to 837-090-1045) a Hazardous Substance Possession Fee. (2) The annual fee asses…

837-090-1035 Records (1) Every person who possesses a hazardous substance shall keep at the registered place of business complete and accurate records for each facility of any hazardous substance purchased by, or brought in or caused to be brought in to the facility, or stored, u…

837-090-1040 Exemptions (1) Units of local government are exempted from the assessment of Hazardous Substance Possession Fees for those substances which the unit of local government: (a) Is specifically required to use by a state or federal law or rule; or (b) Uses to meet a stan…

837-090-1045 Local Government Fees (1) Local government Hazardous Substance Possession Fees based on quantity or the Hazardous Substance Information Survey shall be used solely to supplement and not to duplicate the Department of the State Fire Marshal's programs under ORS 453.30…

837-090-1145 Petroleum Load Fee As provided in ORS 465.101 to 465.131, the petroleum load withdrawal fee is established to implement the statewide hazardous materials emergency response system provided in ORS 453.374 as it relates to the maintenance, operation, and use of the pub…

837-095-0010 Purpose and Scope These rules establish emergency planning districts as required by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.). The rules provide guidelines for the establishment of a Local Em…

837-095-0020 Definitions For purposes of Oregon Revised Statutes (ORS) 453.520 only, the following definitions apply: (1) “Emergency Planning District” means geographic boundaries designated by the State Emergency Response Commission to facilitate preparation and implementation o…

837-095-0030 SERC Executive Committee (1) The State Emergency Response Commission shall maintain a SERC Executive Committee whose purposes include but are not limited to: (a) Advising the SERC on the designation of Emergency Planning Districts consistent with Oregon Administrativ…

837-095-0040 Emergency Planning Districts The SERC designates each of the 36 counties of Oregon as an Emergency Planning District (EPD) for the purposes of EPCRA. (a) Two or more emergency planning districts may combine resources and function as a single EPD by providing document…

837-095-0050 Local Emergency Planning Committees (1) A Local Emergency Planning Committee (LEPC) shall be formed in each EPD. Membership in the LEPC should be guided by the EPCRA and be reflective of the stakeholders within each EPD. (2) The duties and responsibilities of the LEP…

837-110-0005 Purpose and Scope The purpose of these rules is to increase the degree of public safety by preventing unwanted wild fires and smoke from field burning and propaning near highways and freeways within the State of Oregon. These rules shall apply to that area west of th…

837-110-0007 Definitions (1) Local services road: Serves isolated areas that have little or no potential for further development and those serving a minimal number of parcels of land. Most of these roads will not be through roads (connected to public roads on both ends) but will …

837-110-0010 Field Preparation (1) Prior to burning, all fields shall be prepared by providing a barrier around the perimeter free of combustibles. (2) The barrier shall prevent any fire spread and shall be prepared by using one or more of the following methods: (a) Plowing or di…

837-110-0020 Firefighting Water Supplies (1) When burning acreage, the following firefighting vehicles shall be provided: (a) Up to 50 acres — At least two water tank vehicles with a minimum of 1,000 gallon water capacity shall be on site; (b) 50 to 200 acres — At least three wat…

837-110-0030 Firefighting Equipment The person(s) responsible for the acreage to be burned shall use firefighting equipment that meets or exceeds the following standards: (1) All water tank vehicles shall be equipped with a pump in working order with a pumping capability of 30 ga…

837-110-0040 Ignition Criteria (1) To ensure an adequate, complete, and even burn over the entire field to be burned, a minimum of two drip torches, propane lighters, or other pressurized fuel torches shall be on the burn site at the time of ignition. (2) Whenever possible igniti…

837-110-0050 Prohibited Use The use of pitch forks, harrows, or the dragging of burning tires to ignite the fire is prohibited. Statutory/Other Authority: ORS 476 & 478 Statutes/Other Implemented: ORS 476.380 & 478.960 History: FM 1-1989, f. & cert. ef. 2-7-89 FM 8-1988(Temp), f.…

837-110-0060 Communication The ability to call assistance and summon help from an appropriate emergency response agency shall be maintained at all times by phone, or by radio communications between all firefighting equipment used in the burning of the field and a constantly staff…

837-110-0070 Fire Safety Watch In addition to the firefighting equipment required by OAR 837-110-0020 and 837-110-0030, a continuous fire safety watch shall be provided. The fire safety watch: (1) Shall patrol the perimeter of the field during burning operations. (2) Shall begin …

837-110-0075 Traffic Safety The person responsible for the acreage being burned shall provide signage and trained flaggers for traffic safety. The person responsible: (1) May allow a field to burn next to a state highway without designated buffer zones or next to an arterial rout…

837-110-0080 Fire Safety Buffer Zones A fire safety buffer zone shall parallel both sides of all highways and roadways within the scope and application of these rules. The buffer zone shall extend 1/2 mile in a perpendicular direction from the outer edge of each highway or roadwa…

837-110-0090 Ban on Burning All field burning shall be banned when any two of the following criteria are present: (1) Temperature of 95 degrees Fahrenheit or above; (2) Relative humidity of 30 percent or below; (3) Wind speed of 15 miles per hour or higher. Statutory/Other Author…

837-110-0110 Field Preparation— Propaning (1) Prior to propaning, all fields shall be prepared by providing a barrier around the perimeter free of combustible materials. (2) The barrier may be provided by green cover crop, bare earth, or other method(s) to prevent any fire spread…

837-110-0120 Firefighting Water Supplies When propaning acreage, the following safety measures shall apply: (1) At least one firefighting water tank vehicle meeting the equipment requirements of OAR 837-110-0120 through 837-110-0140 and which has a minimum water tank capacity of …

837-110-0130 Firefighting Equipment The person(s) responsible for the acreage to be propaned shall use firefighting equipment that meets or exceeds the following standards: (1) All water tank vehicles shall be equipped with a pump in working order with a pumping capability of 30 …

837-110-0140 Communication The ability to call for assistance and summon help from an appropriate emergency response agency shall be maintained at all times by phone or radio communications between all firefighting equipment used in the burning of the fields and a constantly staf…

837-110-0150 Fire Safety Watch A fire watch: (1) Shall begin following the propaning of the field and continue for at least 30 minutes after completion. However, the fire watch shall not leave until it is confirmed that the fire and all smoke sources are completely out. (2) Shall…

837-110-0155 Traffic Safety The person responsible for the acreage being burned shall provide signage and trained flaggers for traffic safety. The person responsible: (1) May allow a field to burn next to a state highway without designated buffer zones or next to an arterial rout…