Title 36A, Housing; Lottery and Games; Environment

As used in ORS 468A.460 to 468A.515: (1) “Masonry heater” has the meaning given that term in the American Society for Testing and Materials (ASTM) E1602-03, Standard Guide for Construction of Solid Fuel Burning Masonry Heaters, as in effect on January 1, 2010, or the meaning give…

(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. (2) All moneys appropriated or received from any source, public or private, for the purpose of reducing…

(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: (a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or (b) By the De…

(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: (a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or (b) By the …

(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 we…

(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…

As used in ORS 468A.550 to 468A.620 and 468A.992: (1) “Field burning” and “open field burning” do not include: (a) Propane flaming of mint stubble; or (b) Stack or pile burning of residue from Christmas trees as defined in ORS 571.505. (2) “Research and development of alternative…

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]

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 Multnoma…

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…

(1) As used in this section: (a) “Marginal conditions” means atmospheric conditions such that smoke and particulate matter escape into the upper atmosphere with some difficulty but not such that limited additional smoke and particulate matter would constitute a danger to the publ…

(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 t…

(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 wil…

(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. (2) Subject to the terms of the memorandum of unders…

Pursuant to the memorandum of understanding established under ORS 468A.585, the State Department of Agriculture: (1) Shall: (a) Conduct the smoke management program established by rule by the Environmental Quality Commission as it pertains to open field burning, propane flaming a…

In order to regulate open field burning pursuant to ORS 468A.550 to 468A.620: (1) In such areas of the state and for such periods of time as it considers necessary to carry out the policy of ORS 468A.010, the Environmental Quality Commission by rule may prohibit, restrict or limi…

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]

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]

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: (1) Enforce all field burning rules adopted by the Environmental Quality Commission and all related statutes; and (2) Monitor and preve…

(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 re…

(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 prohibiti…

(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 nu…

(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 o…

As used in ORS 468A.630 to 468A.645: (1) “Chlorofluorocarbons” includes: (a) CFC-11 (trichlorofluoromethane); (b) CFC-12 (dichlorodifluoromethane); (c) CFC-113 (trichlorotrifluoroethane); (d) CFC-114 (dichlorotetrafluoroethane); and (e) CFC-115 ((mono)chloropentafluoro-ethane). (…

(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. (2) It is therefore declared to be the policy of the State of Or…

(1) After July 1, 1990, no person shall sell at wholesale, and after January 1, 1991, no person shall sell any of the following: (a) Chlorofluorocarbon coolant for motor vehicles in containers with a total weight of less than 15 pounds. (b) Handheld halon fire extinguishers for r…

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]

The State Fire Marshal shall establish a program to minimize the unnecessary release of halons into the environment by providing guidelines for alternatives to full-scale dump testing procedures for industrial halon-based fire extinguishing systems. [Formerly 468.621] AEROSOL SPR…

The Legislative Assembly finds that: (1) Scientific studies have revealed that certain chlorofluorocarbon compounds used in aerosol sprays may be destroying the ozone layer in the earth’s stratosphere; (2) The ozone layer is vital to life on earth, preventing approximately 99 per…

(1) Unless otherwise provided by law, after March 1, 1977, no person shall sell or offer to sell or give as a sales inducement in this state any aerosol spray which contains as a propellant trichloromonofluoromethane, difluorodichloromethane or any other saturated chlorofluorocar…

Nothing in ORS 468A.655 shall prevent wholesale transactions, including but not limited to the transportation, warehousing, sale, and delivery of any aerosol spray described in ORS 468A.655 (1). [Formerly 468.610] ASBESTOS ABATEMENT PROJECTS

As used in ORS 468A.700 to 468A.760: (1) “Accredited” means a provider of asbestos abatement training courses is authorized by the Department of Environmental Quality to offer training courses that satisfy department requirements for contractor licensing and worker training. (2) …

The Legislative Assembly finds and declares that: (1) Asbestos-containing material in a friable condition, or when physically or chemically altered, can release asbestos fibers into the air. Asbestos fibers are respiratory hazards proven to cause lung cancer, mesothelioma and asb…

(1) The Environmental Quality Commission by rule shall: (a) Establish an asbestos abatement program that assures the proper and safe abatement of asbestos hazards through contractor licensing and worker training. (b) Establish the date after which a contractor must be licensed un…

(1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.707 and 468A.745, no contractor shall work on an asbestos abatement project unless the contractor holds a license issued by the Department of Environmenta…

(1) Except as provided in subsection (2) of this section, an owner or operator of a facility containing asbestos shall require only licensed contractors to perform asbestos abatement projects. (2) A facility owner or operator whose own employees maintain, repair, renovate or demo…

(1) As used in this section, “related person” means: (a) A contractor’s current corporate officers, managers, members of the board of directors, general partners or other persons who exercise substantial control on behalf of or over a contractor; (b) Parent corporations, or simil…

(1) As used in this section, “related person” has the meaning given that term in ORS 468A.720. (2) The Department of Environmental Quality may suspend or revoke an asbestos abatement license issued to a contractor under ORS 468A.720 if the licensee: (a) Fraudulently obtains or at…

(1) Except as provided in ORS 468A.707 (1)(c) and (3), after the Environmental Quality Commission adopts rules under ORS 468A.745, no worker shall work on an asbestos abatement project unless the person holds a certificate issued by the Department of Environmental Quality or the …

Subject to the direction of the Environmental Quality Commission, the Director of the Department of Environmental Quality may approve, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the co…

(1) The Environmental Quality Commission by rule shall provide for accreditation of courses that satisfy training requirements contractors must comply with to qualify for an asbestos abatement license under ORS 468A.720 and courses that workers must successfully complete to becom…

The Environmental Quality Commission shall adopt rules to carry out its duties under ORS 279B.055 (2)(g), 279B.060 (2)(g), 279C.365 (1)(j), 468A.135 and 468A.700 to 468A.760. In addition, the commission may: (1) Allow variances from the provisions of ORS 468A.700 to 468A.755 in t…

(1) By rule and after hearing, the Environmental Quality Commission shall establish a schedule of fees for: (a) Licenses issued under ORS 468A.720; (b) Worker certification under ORS 468A.730; (c) Training course accreditation under ORS 468A.740; and (d) Notices of intent to perf…

(1) Except as provided in subsection (2) of this section, ORS 468A.700 to 468A.750 do not apply to an asbestos abatement project in a private residence if: (a) The residence is occupied by the owner; and (b) The owner occupant is performing the asbestos abatement work. (2) Any pe…

(1) The Environmental Quality Commission shall adopt rules prohibiting the demolition of a residence or residential building unless an asbestos survey has been conducted by an inspector accredited in accordance with rules adopted by the commission for the purpose of determining w…

Any public agency requesting bids or proposals for a proposed project shall first make a determination of whether or not the project requires a contractor licensed under ORS 468A.720. The public agency shall include such requirement in the bid or proposal advertisement under ORS …