Chapter 468A — Chapter 468A

ORS 468A.387 Operating schedules for testing stations. (1) The Department of Environmental Quality shall establish flexible weekday operating schedules for testing stations that conduct motor vehicle pollution control system inspections described under ORS 468A.365 that extend the hours of operation beyond 5 p.m. for some testing stations for some days of the week

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ORS 468A.390 Designation of areas of the state subject to motor vehicle emission inspection program; rules. (1) If the need for a motor vehicle pollution control system inspection program is identified for an area in the State of Oregon Clean Air Act Implementation Plan, then the Environmental Quality Commission, by rule, shall designate boundaries, in addition to the areas specified in ORS 815.300 (2)(a) and (b), within which motor vehicles are subject to the requirement under ORS 815.300 to have a certificate of compliance issued under ORS 468A.380 to be registered or have the registration of the vehicle renewed

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ORS 468A.395 Bond or letter of credit; remedy against person licensed under ORS 468A.380; cancellation of license. (1) Any person licensed to issue certificates of compliance pursuant to ORS 468A.380 shall file with the Department of Environmental Quality a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008. The bond or letter of credit shall be executed to the State of Oregon in the sum of $1,000. It shall be approved as to form by the Attorney General, and shall be conditioned that inspections and certifications will be made only by persons who meet the qualifications fixed by the Environmental Quality Commission and will be made without fraud or fraudulent representations and without violating any of the provisions of ORS 468A.350 to 468A.400, 815.295, 815.300, 815.310, 815.320 and 815.325

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ORS 468A.400 Fees; collection; use. (1) The Department of Environmental Quality shall

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ORS 468A.405 Authority to limit motor vehicle operation and traffic; rules. The Environmental Quality Commission and regional air pollution control authorities organized pursuant to ORS 448.305, 454.010 to 454.040, 454.205 to 454.255, 454.505 to 454.535, 454.605 to 454.755 and ORS chapters 468, 468A and 468B by rule may regulate, limit, control or prohibit motor vehicle operation and traffic as necessary for the control of air pollution which presents an imminent and substantial endangerment to the health of persons. [Formerly 449.747 and then 468.410]

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ORS 468A.410 Administration and enforcement of rules adopted under ORS 468A.405. Cities, counties, municipal corporations and other agencies, including the Department of State Police and the Department of Transportation, shall cooperate with the Environmental Quality Commission and regional air pollution control authorities in the administration and enforcement of the terms of any rule adopted pursuant to ORS 468A.405. [Formerly 449.751 and then 468.415]

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ORS 468A.415 Legislative findings. The Legislative Assembly finds that extending additional statewide controls and fees on industrial and motor vehicle sources of air pollution may not be sufficient to attain and maintain desired air quality standards in the Portland-Vancouver air quality maintenance area. Additional approaches are needed to address growth in vehicle miles of travel that satisfy mobility needs and allow for economic growth while meeting the air quality goals for the region. [1991 c.752 §13]

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ORS 468A.420 Oxygenated motor vehicle fuels; when required by rule. (1) The Environmental Quality Commission shall adopt rules consistent with section 211 of the Clean Air Act to require oxygenated motor vehicle fuels to be used in any carbon monoxide nonattainment area in the state

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ORS 468A.425 [1991 c.752 §14; repealed by 1995 c.79 §284]

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ORS 468A.430 [1991 c.752 §14a; repealed by 1995 c.79 §284]

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ORS 468A.435 [1991 c.752 §14b; repealed by 1995 c.79 §284]

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ORS 468A.440 [1991 c.752 §14c; repealed by 1995 c.79 §284]

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ORS 468A.445 [1991 c.752 §14d; repealed by 1995 c.79 §284]

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ORS 468A.450 [1991 c.752 §14e; repealed by 1995 c.79 §284]

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ORS 468A.455 Police enforcement. The Oregon State Police, the county sheriff and municipal police are authorized to use such reasonable force as is required in the enforcement of any rule adopted pursuant to ORS 468A.405 and may take such reasonable steps as are required to assure compliance therewith, including but not limited to

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ORS 468A.460 Policy. In the interest of the public health and welfare it is the policy of the State of Oregon to control, reduce and prevent air pollution caused by solid fuel burning devices. The Legislative Assembly declares that it is also the policy of the State of Oregon to reduce solid fuel burning device emissions by encouraging the Department of Environmental Quality to continue efforts to educate the public about the air quality effects of those emissions, by ensuring that solid fuel burning devices used in Oregon meet emission performance standards established under ORS 468A.465 and by ensuring compliance with ORS 468A.460 to 468A.515. [Formerly 468.630; 2009 c.387 §1]

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ORS 468A.465 Certification requirements for new solid fuel burning devices; rules. (1) A person may not advertise to sell, offer to sell or sell a new solid fuel burning device in Oregon unless, pursuant to rules adopted by the Environmental Quality Commission, the Department of Environmental Quality certifies that the device meets emission performance standards, certification labeling standards and all other requirements set forth in rules adopted by the commission. Before adopting emission performance standards under this section, the commission shall consider any emission performance standards proposed or adopted by the United States Environmental Protection Agency

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ORS 468A.467 Prohibition on burning certain materials in solid fuel burning devices. A person may not cause or allow any of the following materials to be burned in a solid fuel burning device, a masonry heater, a pellet stove, a trash burner or any device described in ORS 468A.485 (4)(b)

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ORS 468A.470 [Formerly 468.640; repealed by 2009 c.387 §20]

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ORS 468A.475 [Formerly 468.650; repealed by 2009 c.387 §20]

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ORS 468A.480 [Formerly 468.655; 1993 c.742 §75; repealed by 2009 c.387 §20]

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ORS 468A.485 Definitions for ORS 468A.460 to 468A.515. As used in ORS 468A.460 to 468A.515

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ORS 468A.490 Residential Solid Fuel Heating Air Quality Improvement Fund; uses. (1) There is established within the State Treasury a fund known as the Residential Solid Fuel Heating Air Quality Improvement Fund, separate and distinct from the General Fund

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ORS 468A.495 Prohibition on installation of used solid fuel burning devices; exceptions; rules. (1) The state building code under ORS 455.010 shall prohibit installations of used solid fuel burning devices, except devices that were certified for sale as new

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ORS 468A.500 Prohibition on sale of noncertified solid fuel burning devices; rules. (1) A person may not advertise for sale, offer to sell or sell, within this state, a used solid fuel burning device unless the device was certified for sale as new

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ORS 468A.505 Removal; exceptions; confirmation of removal; rules. (1) In connection with the sale of a residential structure, all used solid fuel burning devices, other than cookstoves, in the residential structure or on the real property sold with the residential structure, must be removed and destroyed unless the solid fuel burning devices were certified for sale as new

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ORS 468A.510 [1991 c.752 §10d; repealed by 2009 c.387 §20]

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ORS 468A.515 Residential solid fuel heating curtailment program requirements; exemptions; rules. (1) If a local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area of the state where such a program is required under the Clean Air Act, the Environmental Quality Commission may adopt by rule, and the Department of Environmental Quality may operate and enforce, a program to curtail residential solid fuel heating during periods of air stagnation as described in subsection (2) of this section. The department shall suspend operation and enforcement of a program adopted under this subsection upon a determination by the department that the local government or regional authority has adopted and is adequately implementing the required curtailment program

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ORS 468A.520 [1991 c.752 §21; repealed by 2009 c.387 §20]

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ORS 468A.550 Definitions for ORS 468A.550 to 468A.620 and 468A.992. As used in ORS 468A.550 to 468A.620 and 468A.992

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ORS 468A.555 Policy to reduce open field burning. The Legislative Assembly declares it to be the public policy of this state to reduce the practice of open field burning while developing and providing alternative methods of field sanitization and alternative methods of utilizing and marketing crop residues. [1991 c.920 §3]

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ORS 468A.560 Applicability of open field burning, propane flaming and stack and pile burning statutes. Except for the fee imposed under ORS 468A.615 (1)(c), the provisions of ORS 468A.550 to 468A.620 and 468A.992 shall apply only to open field burning, propane flaming and stack or pile burning of grass seed crop residues or cereal grain crop residues on acreage located in Multnomah, Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and Lane Counties. [1991 c.920 §2; 1997 c.473 §4; 2009 c.692 §1]

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ORS 468A.565 Use of certified alternative thermal field sanitizer. Notwithstanding any provision of ORS 468A.550 to 468A.620 and 468A.992, any acreage sanitized by the use of an alternative thermal field sanitizer certified by the Environmental Quality Commission and the Director of Agriculture shall be exempt from the provisions of ORS 468A.550 to 468A.620 and 468A.992. [1991 c.920 §5]

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ORS 468A.570 Classification of atmospheric conditions; marginal day. (1) As used in this section

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ORS 468A.575 Permits for open burning, propane flaming or stack or pile burning; rules. (1) Permits for open burning, propane flaming or stack or pile burning of the residue from perennial grass seed crops, annual grass seed crops and cereal grain crops are required in the counties listed in ORS 468A.560. Permits shall be issued in accordance with rules adopted by the Environmental Quality Commission and subject to the fee prescribed in ORS 468A.615. The permit described in this section shall be issued in conjunction with permits required under ORS 476.380 or 478.960

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ORS 468A.580 Permits; inspections; planting restrictions; civil penalty. (1) Permits under ORS 468A.575 for open field burning of cereal grain crops shall be issued in the counties listed in ORS 468A.560 only if the person seeking the permit submits to the issuing authority a signed statement under oath or affirmation that the acreage to be burned will be planted to seed crops other than cereal grains which require flame sanitation for proper cultivation

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ORS 468A.585 Memorandum of understanding with State Department of Agriculture. (1) The Environmental Quality Commission shall enter into a memorandum of understanding with the State Department of Agriculture that provides for the State Department of Agriculture to operate all of the field burning program

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ORS 468A.590 Duties of State Department of Agriculture. Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture

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ORS 468A.595 Commission rules to regulate burning pursuant to ORS 468A.550 to 468A.620. In order to regulate open field burning pursuant to ORS 468A.550 to 468A.620

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ORS 468A.597 Duty to dispose of straw. Unless otherwise specifically agreed by the parties, after straw is removed from the fields of the grower, the responsibility for the further disposition of the straw, including burning or disposal, shall be upon the person who bales or removes the straw. [1993 c.414 §2]

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ORS 468A.600 Standards of practice and performance. The Environmental Quality Commission shall establish standards of practice and performance for open field burning, propane flaming, stack or pile burning and certified alternative methods to open field burning. [1991 c.920 §10]

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ORS 468A.605 Duties of Department of Environmental Quality. The Department of Environmental Quality, in coordinating efforts under ORS 468.140, 468.150, 468A.020, 468A.555 to 468A.620 and 468A.992, shall

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ORS 468A.610 Acreage permitted to be open burned, propane flamed or stack or pile burned; exceptions; fees; rules. (1) Except as provided under ORS 468A.620, no person shall open burn or cause to be open burned, propane flamed or stack or pile burned in the counties listed in ORS 468A.560, perennial or annual grass seed crop residue or cereal grain crop residue, unless the acreage has been registered under ORS 468A.615 and the permits required by ORS 468A.575, 476.380 and 478.960 have been obtained

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ORS 468A.612 Field burning prohibition in critical nonburn areas; rules. (1) Notwithstanding any other provision of ORS 468A.550 to 468A.620, the Environmental Quality Commission by rule may prohibit field burning of grass seed crop residues or cereal grain crop residues in areas determined by the commission to be critical nonburn areas. The prohibition may be permanent or for a limited period of time

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ORS 468A.615 Registration of acreage to be burned; fees; rules. (1)(a) On or before April 1 of each year, the grower of a grass seed crop shall register with the county court or board of county commissioners, the fire chief of a rural fire protection district, the designated representative of the fire chief or other responsible persons the number of acres to be open burned or propane flamed in the remainder of the year. At the time of registration, the Department of Environmental Quality shall collect a nonrefundable fee of $4 per acre registered to be sanitized by open burning or $2 per acre to be sanitized by propane flaming. The department may contract with counties and rural fire protection districts or other responsible persons for the collection of the fees which shall be forwarded to the department. Any person registering after April 1 in each year shall pay an additional fee of $2 per acre registered if the late registration is due to the fault of the late registrant or a person under the control of the late registrant. Late registrations must be approved by the department. Copies of the registration form shall be forwarded to the department. The required registration must be made and the fee paid before a permit shall be issued under ORS 468A.575

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ORS 468A.620 Experimental field sanitization; rules. (1) For the purpose of improving by demonstration or investigation the environmental or agronomic effects of alternative methods of field sanitization, the Environmental Quality Commission shall by rule allow experimental field sanitization under the direction of the Department of Environmental Quality for up to 1,000 acres of perennial grass seed crops, annual grass seed crops and grain crops in such areas and for such periods of time as the commission considers necessary. Experimental field sanitization includes but is not limited to

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ORS 468A.625 Definitions for ORS 468A.630 to 468A.645. As used in ORS 468A.630 to 468A.645

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ORS 468A.630 Legislative findings. (1) The Legislative Assembly finds and declares that chlorofluorocarbons and halons are being unnecessarily released into the atmosphere, destroying the Earth’s protective ozone layer and causing damage to all life

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ORS 468A.635 Restrictions on sale, installation and repairing of items containing chlorofluorocarbons and halon; rules. (1) After July 1, 1990, no person shall sell at wholesale, and after January 1, 1991, no person shall sell any of the following

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ORS 468A.640 Department program to reduce use of and recycle compounds. Subject to available funding, the Department of Environmental Quality may establish a program to carry out the purposes of ORS 468A.625 to 468A.645, including enforcement of the provisions of ORS 468A.635. [Formerly 468.618]

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