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Oregon Bulletin

September 1, 2012

Department of Agriculture, Chapter 603

Rule Caption: Amend field burning rules to increase field burning fees and general housekeeping.

Adm. Order No.: DOA 22-2012

Filed with Sec. of State: 8-1-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 603-077-0105, 603-077-0110, 603-077-0112, 603-077-0113, 603-077-0119

Subject: The rules govern the operation and enforcement of field burning in the Willamette Valley. The rules are necessary for the Department of Agriculture to increase the fees for field burning as outlined in ORS 468A.615(2)(b), and general housekeeping corrections.

 The Oregon Department of Agriculture (ODA), operates the Smoke Management Program under a Memorandum of Understanding with the Oregon Department of Environmental Quality.

 The Smoke Management Program regulates the field burning of grass seed in the Willamette Valley.

 Field burning typically commences following harvest in July.

 The 2009 Oregon Legislative Assembly reduced field burning in the Willamette Valley from a maximum of 65,000 acres to 15,000 acres annually. This legislation increased field burning fees from $8.00 to $16.00 per acre. However, the current fees generated following the legislatively mandated field burning acreage reduction does not cover the costs of operating the Smoke Management Program. The recommended fee increase is $4.00 per acres ($16.00 to $20.00 per acre).

Rules Coordinator: Sue Gooch—(503) 986-4583

603-077-0105

Definitions

As used in this Division:

(1) “Actively Extinguish” means the direct application of water or other fire retardant to an open field fire.

(2) “Permit or “Burn Permit” or “Burning Permit” means a permit issued by the Department pursuant to ORS 468A.575.

(3) “Candidate Fields” means all grass seed or cereal grain fields being considered for open field burning or propane flaming.

(4) “Commission” means the Environmental Quality Commission.

(5) “Critical Nonburn Area” means the area of a grass seed or cereal grain field where burning is prohibited, such as underneath power transmission lines, or near a school, airport, or hospital pursuant to OAR 603-077-0119. This prohibition may be permanent or for a limited period of time, as provided in these rules.

(6) “Crop” means cultivated agricultural plants such as grain.

(7) “Cumulative Hours of Smoke Intrusion in the Willamette Valley means the average of the totals of cumulative hours of smoke intrusion recorded, and has been determined by the Department that open field burning, propane flaming, or stack burning was a significant contributor to the smoke intrusion:

(a) The Department shall record one hour of intrusion for each hour the nephelometer hourly reading exceeds a background level by 1.8 x 10-4 b-scat units or more but less than the applicable value in subsection (b) of this section;

(b) The Department shall record two hours of intrusion for each hour the nephelometer hourly reading exceeds a background level by 5.0 x 10-4 b-scat units:

(c) The background level shall be the average of the three hourly readings immediately prior to the start of burning on the day in which the intrusion occurred.

(8) “Department” means the Oregon Department of Agriculture.

(9) “Director” means the Director of the Department or delegated employee representative.

(10) “Director of Agriculture” means the Director of the Oregon Department of Agriculture.

(11) “Drying Day” means a 24-hour period during which the relative humidity reached a minimum less than 50 percent and no rainfall was recorded at the nearest reliable measuring site.

(12) “Effective Mixing Height” means either the actual height of plume rise as determined by ODA field staff or the calculated or estimated mixing height as determined by the Department.

(13) “Emergency Open Burning” is defined in Oregon Administrative Rule by the Oregon Department of Environmental Quality; OAR 340-266-0030.

(14) “Field-by-Field Burning” means burning on a limited or restricted basis in which the amount, rate, and area authorized for burning is closely controlled and monitored. Included under this definition are experimental open field burning emergency burning, and burning within priority areas.

(15) “Field Reference Code” means a unique four-part code which identifies a particular registered field for mapping purposes. The first part of the code shall indicate the grower registration (form) number, the second part the line number of the field as listed on the registration form, the third part the crop type, and the fourth part the size (acreage) of the field (e.g., a 35 acre perennial (Chewings Fescue) field registered on Line 2 of registration form number 1953 would be 1953-2-P-CF-35).

(16) “Field Specific Burn Plan” means an individual burn plan designed for a field or acreage that has been approved under OAR 340-266-0065 for emergency burning, which identifies specific criteria, conditions, precautions, and requirements that need to be followed when burning in order to ensure the smoke does not endanger public health and safety.

(17) “Fire District” or “District” or “Fire Protection District” means a fire permit issuing agency.

(18) “Fire Permit” means a permit issued by a local fire permit issuing agency pursuant to ORS 477.515, 476.380, or 478.960.

(19) “Fires-Out Time” means the time announced by the Department when all flames and major smoke sources associated with open field burning should be out and prohibition conditions are scheduled to be imposed.

(20) “Fluffing” means an approved mechanical method of stirring or tedding crop residues for enhanced aeration and drying of the full fuel load, thereby improving the field’s combustion characteristics.

(21) “Grower” means a person that cultivates perennial or annual grass seed or cereal grain.

(22) “Grower Allocation” means the amount of acreage sub-allocated annually to the grower registrant, based on the grower registrant’s pro rata share of the maximum annual acreage limitation, representing the maximum amount for which burning permits may be issued, subject to daily authorization. Grower allocation is defined by the following identity: Grower Allocation = (Maximum annual acreage limit) x ((Total acreage registered by the grower registrant) /(Total acreage registered in the valley))

(23) “Grower Registrant” means any person who registers acreage with the Department for the purposes of open field burning, propane flaming, or receives a permit to stack burn.

(24) “Identified Species” means a grass seed field consisting of Creeping Red Fescue, Chewings Fescue, or Highland Bentgrass, or as identified by the Director of Agriculture.

(25) “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 public health and safety.

(26) “Marginal Day” means a day on which marginal conditions exist.

(27) “Nephelometer” means an instrument for measuring ambient smoke concentrations.

(28) “Northerly Winds” means winds coming from directions between 270° to 90° in the north part of the compass, averaged through the effective mixing height.

(29) “Open Field Burning” means burning of any grass seed or cereal grain crops, or associated residue, including steep terrain and species identified by the Director of Agriculture, or any “emergency” or “experimental” burning, as identified in these rules.

(30) “Open Field Burning Permit” means a permit issued by the Department pursuant to ORS 468A.575.

(31) “Permit Agent” means the person under contract or otherwise authorized by the Department to administer registration of acreage, issue burn permits, collect fees, and keep records for open field burning, propane flaming, or stack burning within their permit jurisdictions pursuant to ORS 468A.550 et seq.

(32) “Permit Issuing Agency” means the county court or board of county commissioners, or fire chief or a rural fire protection district or other person authorized to issue fire permits pursuant to ORS 477.515, 476.380, or 478.960.

(33) “Person” means, but is not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, states and their agencies, and the Federal Government and its agencies.

(34) “Preparatory Burning” means controlled burning of portions of selected fields for the specific purpose of reducing the fire hazard potential or other conditions which would otherwise inhibit rapid ignition burning when the field is subsequently open burned.

(35) “Priority Acreage” means acreage located within a priority area.

(36) “Priority Areas” means certain areas in the Willamette Valley where burning is restricted, such as near population centers, airports, Interstate I-5, and other highways, as specified in 603-077-0119(1).

(37) “Problem Field” means a field where special precautions need to be taken by the grower because of potential fire hazard or proximity to a sensitive area, as specified in OAR 603-077-0119(4).

(38) “Prohibition Conditions” means conditions under which open field burning is not allowed except for individual burns specifically authorized by the Department pursuant to OAR 603-077-0115(2).

(39) “Propane Flaming” means the flame sanitization of a grass seed or cereal grain field using a mobile flamer device which meets the following design specifications and utilizes an auxiliary fuel such that combustion is nearly complete and emissions are significantly reduced:

(a) Flamer nozzles shall not be more than 15 inches apart;

(b) A heat deflecting hood is required and shall extend a minimum of three feet beyond the last row of nozzles.

(40) “Propane Flaming Permit” means a permit issued by the Department pursuant to ORS 468A.575 and consisting of a validation number and specifying the conditions and acreage specifically registered and allocated for propane flaming.

(41) “Quota” means an amount of acreage established by the Department for each fire district for use in authorizing daily burning limits in a manner to provide, as reasonably as practicable, an equitable opportunity for burning in each area.

(42) “Rapid Ignition Techniques” means a method of burning in which all sides of the field are ignited as rapidly as practicable to maximize plume rise. When using this method, little or no preparatory backfire burning shall be done.

(43) “Released Allocation” means that part of a grower’s allocation, by registration form, that is unused and voluntarily released to the Department for first come-first serve dispersal to other grower registrants.

(44) “Residue” means straw, stubble, screenings and associated crop material generated in the production of grass seed and cereal grain crops.

(45) “Responsible Person” means each person who is in ownership, control, or custody of the real property on which open field burning occurs, including any tenant thereof, or who is in ownership, control or custody of the material which is burned, or the grower registrant. Each person who causes or allows open field burning, propane flaming, or stack burning to be maintained shall also be considered a responsible person.

(46) “Screenings” means organic waste materials resulting from the seed cleaning process of grass seed and cereal grain.

(47) “Small-Seeded Seed Crops Requiring Flame Sanitation” means small-seeded grass, legume, and vegetable crops, or other types approved by the Department, which are planted in early autumn, are grown specifically for seed production, and which require flame sanitation for proper cultivation. For purposes of this Division, clover and sugar beets are specifically included. Cereal grains, hairy vetch, or field peas are specifically not included.

(48) “Smoke Management” means a system for the daily or hourly control of open field burning, propane flaming, or stack burning through authorization of the times, locations, amounts and other restrictions on burning, so as to provide for suitable atmospheric dispersion of smoke particulate and to minimize impact on the public.

(49) “Southerly Winds” means winds coming from directions between 90° to 270° in the south part of the compass, averaged through the effective mixing height.

(50) “Stack Burning” means the open burning of bound, baled, collected, gathered, accumulated, piled or stacked straw residue from perennial or annual grass seed or cereal grain crops.

(51) “Stack Burning Permit” means a permit issued by the Department pursuant to ORS 468A.575 that identifies the responsible person, date of permit issuance, and specifies the acreage and location authorized for stack burning.

(52) “State Fire Marshal Fire Safety Buffer Zone” means an area within 1/4 mile of Interstate I-5, and 1/8 mile of major highways, that is required to have a noncombustible ground surface, as defined in the State Fire Marshal rules in OAR 837 Division 110.

(53) “Steep Terrain” means a grass seed or cereal grain field defined by Revised Universal Soil Loss Equation (RUSLE) and percent slope, as identified by the Director of Agriculture.

(54) “Test Fires” means individual field burns specifically authorized by the Department for the purpose of determining or monitoring atmospheric dispersion conditions.

(55) “Training Fires” means individual field burns set by or for a public agency for the official purpose of training personnel in fire-fighting techniques.

(56) “Unusually High Evaporative Weather Conditions” means a combination of meteorological conditions following periods of rain that result in sufficiently high rates of evaporation, as determined by the Department, where fuel (residue) moisture content would be expected to approach about 12 percent or less.

(57) “Validation Number” is used interchangeably with “Burn Permit” and means:

(a) For open field burning a unique five-part number issued by the Department or its delegate identifying a specific field and acreage allowed to be open field burned and the date and time the permit was issued (e.g., a validation number issued August 26 at 2:30 p.m. for a 70-acre burn for a field registered on Line 2 of registration form number 1953 would be 1953-2-0826-1430-070);

(b) For propane flaming and stack burning a unique five part alphanumerical, issued by the Department or its delegate, identifying a specific field and acreage allowed to be propane flamed or stack burned, the date and time the permit was issued, and the burn type (e.g., a validation number issued on July 15 for a 100 acre field to be propane flamed registered on Line 4 of registration form 9999 would be 9999-4-0715-P-100).

(58) “Ventilation Index (VI)” means a calculated value used as a criterion of atmospheric ventilation capabilities. The Ventilation Index as used in this Division is defined by the following identity: VI = (Effective mixing height (feet))/1,000 x (Average wind speed through the effective mixing height (knots))

(59) “Wildfire” means an uncontrollable fire started due to a breakdown of equipment, an accident, caused by human error or negligence or any other cause, including an intentional act.

(60) “Willamette Valley” means, for the purposes of these rules, Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, Washington, and Yamhill counties.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 468A.585
Hist.: DOA 2-1998, f. & cert. ef. 3-3-98; DOA 18-2003, f. & cert. ef. 5-15-03; DOA 22-2004, f. & cert. ef. 8-10-04; DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09; Administrative correction 12-23-09; DOA 12-2010, f. & cert. ef. 7-12-10; DOA 22-2012, f. & cert. ef. 8-1-12

603-077-0110

General Requirements

(1) No person shall cause or allow open field burning or propane flaming on any acreage unless said acreage has first been registered and mapped pursuant to OAR 603-077-0112(1), the registration fee has been paid, and the registration (permit application) has been approved by the Department.

(2) No person shall cause or allow open field burning, propane flaming, or stack burning without first obtaining and being able to readily demonstrate a valid burning permit and fire permit from the appropriate permit issuing agent pursuant to OAR 603-077-0112(2). On the specific day of and prior to open field burning, propane flaming, or stack burning of any grass seed or cereal grain crop or associated residue the grower registrant shall obtain, in person or by telephone, a valid burning permit and fire permit from the appropriate permit issuing agent pursuant to OAR 603-077-0112.

(3) The Department may prohibit any person from registering acreage for open field burning, stack burning, or propane flaming and may deny burn permits for open field burning, propane flaming, and stack burning until all delinquent registration fees, late fees, burn permit fees, and adjudicated penalties from previous seasons are paid. The Department may also institute appropriate legal action to collect the delinquent fees.

(4) No person shall open field burn cereal grain acreage unless that person first issues to the Department a signed statement, and then acts to ensure, that said acreage will be planted in the following growing season to a small-seeded seed crop requiring flame sanitation for proper cultivation, as defined in OAR 603-077-0105(2).

(5) No person shall cause or allow open field burning, propane flaming, or stack burning which is contrary to the Department’s announced burning schedule specifying the times, locations and amounts of burning permitted, or to any other provision announced or set forth by the Department or this Division.

(6) Each responsible person open field burning or propane flaming shall have an operating radio receiver, or other monitoring device approved by the Department, and shall directly monitor the Department’s burn schedule announcements at all times while open field burning or propane flaming.

(7) Each responsible person open field burning or propane flaming shall actively extinguish all flames and major smoke sources when prohibition conditions are imposed by the Department or when instructed to do so by an agent or employee of the Department.

(8) Each responsible person open field burning shall make every reasonable effort to expedite and promote efficient burning and prevent excessive emissions of smoke by:

(a) Meeting all of the State Fire Marshal requirements specified in OAR 837-110-0040 through 837-110-0080;

(b) Ensuring field residues are evenly distributed, dry, and in good burning condition;

(c) Employing rapid ignition techniques on all acreage where there are no imminent fire hazards or public safety concerns.

(9) In the event of a “wildfire” and a grower is unable to comply with all of the requirements of this Division, the grower shall:

(a) Immediately take action to stop, contain, and correct the problem.

(b) As soon as practicable notify the designated permit agent. If the permit agent is unavailable, the grower must contact the Department.

(A) Notification must be by phone, fax, email, in person, or other method as technology allows, and as approved by the Department.

(B) If a grower is unable to contact his/her designated permit agent or the Department, then a detailed message must be left with the Department and the permit agent explaining the problem, the solution, the field information, and grower information.

(10) Open field burning, propane flaming, or stack burning in compliance with this Division does not exempt any person from any civil or criminal liability for consequences or damages resulting from such burning, nor does it exempt any person from complying with any other applicable law, ordinance, regulation, rule, permit, order or decree of the Department, Commission or any other government entity having jurisdiction.

(11) Open field burning shall be regulated in a manner consistent with the requirements of the Oregon Visibility Protection Plan for Class I Areas (Section 5.2 of the State of Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040).

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 468A.585
Hist.: DOA 2-1998, f. & cert. ef. 3-3-98; DOA 18-2003, f. & cert. ef. 5-15-03; DOA 22-2004, f. & cert. ef. 8-10-04; DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09; Administrative correction 12-23-09; DOA 12-2010, f. & cert. ef. 7-12-10; DOA 22-2012, f. & cert. ef. 8-1-12

603-077-0112

Registration, Permits, Fees, Records

In administering a field burning smoke management program, the Department may contract with counties or fire districts or any other responsible individual to administer registration of acreage, issuance of permits, collection of fees, and keeping of records for open field burning, propane flaming, or stack burning within their permit jurisdictions. The Department shall pay said authority for these services in accordance with the payment schedule provided for in ORS 468A.615. Three-quarters of said payment shall be made prior to July 1 of each year and the remainder shall be paid within ten days after completion of the end of season reconciliation:

(1) Registration of acreage:

(a) On or before April 1 of each year, each grower intending to open burn or propane flame under this Division shall register the total acreage to be open burned or propane flamed. Said acreage shall be registered with the Department or its authorized permit agent on the registration forms provided. Candidate fields for open field burning or propane flaming shall be listed on the registration form and shall also be delineated on specially provided registration map materials and identified using a unique field reference code. Each candidate field listed state if the field is located in a priority area, contains a critical non-burn area, is a problem field or is being requested for emergency burning. Registration, listing of fields, and mapping shall be completed according to the established procedures of the Department. Fields to be registered for burning must be planted in crops that can be open burned or propane flamed in the same year that they are registered, and must be owned or under the control of the registrant. At the time of registration, a non-refundable registration fee of $4 shall be paid for each acre registered for open field burning and $2 shall be paid for each acre registered for propane flaming. A complete registration (permit application) shall consist of a fully executed registration form, map and fee. Acreage registered by April 1 may be issued a burn permit if:

(A) Allocation is available; and

(B) The initial registration fee account has a sufficient balance.

(b) Registration for stack burning will occur twice annually. Each grower intending to stack burn under this Division during the first stack burn period, February 5 through May 31, must register between January 2 and January 31.

(c) Each grower intending to stack burn under this Division during the second stack burn period, October 5 through December 31, must register between September 1 and September 30.

(d) Registration of open field burning and propane flaming acreage after April 1 of each year shall require the prior approval of the Department and an additional $2 per acre late registration fee. The late registration fee shall not be charged if the late registration is not due to the fault of the registrant or one under the registrant’s control;

(e) Copies of all registration forms and fees shall be forwarded to the Department promptly by the permit agent. Registration map materials shall be made available to the Department at all times for inspection and reproduction;

(f) The Department shall act on any registration application within 60 days of receipt of a completed application. The Department may deny or revoke any registration application which is incomplete, false or contrary to state law or this Division;

(g) The grower registrant shall insure the information presented on the registration form and map is complete and accurate.

(2) Permits:

(a) Permits for open field burning, propane flaming, or stack burning shall be issued by the Department, or its authorized permit agent, to the grower registrant in accordance with the established procedures of the Department, and the times, locations, amounts and other restrictions set forth by the Department or this Division;

(b) A fire permit from the designated fire permit issuing agency is also required for all open field burning pursuant to ORS 477.515, 476.380, 478.960;

(c) A valid open field burning permit shall consist of:

(A) An open field burning permit issued by the Department which specifies the permit conditions in effect at all times while burning and which identifies the acreage specifically registered and annually allocated for burning;

(B) A validation number issued by the designated permit agent on the day of the burn identifying the specific acreage allowed for burning and the date and time the permit was issued.

(d) A valid propane flaming permit shall consist of:

(A) A propane flaming registration form issued by the Department which specifies the permit conditions in effect at all times while flaming and which identifies the acreage specifically registered and annually allocated for propane flaming;

(B) A validation number issued by the designated permit agent identifying the specific acreage allowed for propane flaming and the date and time the permit was issued.

(e) A valid stack burning permit shall consist of the name of the responsible person and date the permit was issued, and shall specify the acreage and location authorized;

(f) Each responsible person open field burning, propane flaming, or stack burning shall pay a per acre burn fee within ten days of the date the invoice was issued. The fee shall be:

(A) $20 per acre sanitized by open field burning;

(B) $4 per acre sanitized by propane flaming;

(C) $10 per acre burned in stacks.

(D) For grass seed and cereal grain residue from previous seasons, broken bales, or fields where a portion of straw was removed using usual or standard baling methods, the acreage actually burned shall be estimated and the same per acre fee as imposed in paragraph (C) of this subsection shall be charged. The estimated acreage shall be rounded to the nearest whole acre.

(g) Burning permits shall at all times be limited by and subject to the burn schedule and other requirements or conditions announced or set forth by the Department;

(h) No person shall issue burning permits for open field burning, propane flaming, or stack burning of:

(A) More acreage than the amount sub-allocated annually to the grower by the Department pursuant to OAR 603-077-0113(2);

(B)(i) Priority or fire safety buffer zone acreage located on the upwind side of any city, airport, Interstate freeway or highway within the same priority area or buffer zone.

(ii) It is the responsibility of each designated permit agent to establish and implement a system for distributing open field burning, propane flaming, or stack burning permits to individual grower registrants when burning is authorized, provided that such system is fair, orderly and consistent with state law, this Division and any other provisions set forth by the Department.

(3) Fees:

(a) Permit agents shall collect, properly document, and promptly forward all required registration fees, late registration fees, and burn fees to the Department;

(b) All fees shall be deposited in the State Treasury to the credit of the Department of Agriculture Service Fund.

(4) Records:

(a) Permit agents shall at all times keep proper and accurate records of all transactions pertaining to registrations, permits, fees, allocations, and other matters specified by the Department. Such records shall be kept by the permit agent for a period of at least five years and made available for inspection by the appropriate authorities;

(b) Permit agents shall submit to the Department on specially provided forms weekly reports of all acreage burned in their permit jurisdictions. These reports shall cover the weekly period of Monday through Sunday, and shall be returned to the Department no later than the first working day of the following week.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 468A.585
Hist.: DOA 2-1998, f. & cert. ef. 3-3-98; DOA 18-2003, f. & cert. ef. 5-15-03; DOA 22-2004, f. & cert. ef. 8-10-04; DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09; Administrative correction 12-23-09; DOA 12-2010, f. & cert. ef. 7-12-10; DOA 22-2012, f. & cert. ef. 8-1-12

603-077-0113

Acreage Limitations, Allocations

(1) Limitation of Acreage:

(a) Except for acreage and residue open field burned pursuant to OAR 603-077-0135, 603-077-0139, 603-077-0140, 603-077-0145, and 603-077-0155, the maximum acreage to be open field burned annually in the Willamette Valley under this Division shall not exceed 15,000 acres of steep terrain and “identified species” as defined in OAR 603-077-0105.

(b) Steep terrain and identified species burning is prohibited in Benton and Lane Counties, and in Linn County, except for portions of northeast Linn County that are east of the North Santiam River and North of Jefferson-Scio Drive and Robinson Drive to the west boundary of the city of Scio and north of Highway 226, and portions of northeast Linn County that are east of Richardson Gap Road and north of Fish Hatchery Drive.

(c) The Commission may by order permit emergency open field burning, propane flaming, or stack burning of up to 2,000 acres annually, in addition to the limitations on acreage specified in this section. Requirements for emergency burning are specified in OAR 603-077-0139.

(d) The maximum acreage to be propane flamed annually in the Willamette Valley under this Division shall not exceed 500 acres for the years 2009, 2010, 2011, and 2012. For the year 2013 and thereafter all propane flaming is prohibited.

(e) The maximum acreage to be stack burned annually in the Willamette Valley under this Division shall not exceed 1000 acres for the years 2009, 2010, 2011, 2012. For the year 2013 and thereafter all stack burning is prohibited.

(f) Other limitations on acreage allowed to be open field burned are specified in OAR 603-077-0115(7), 603-077-0119, 603-077-0133(1), and 603-077-0135(1) ,603-007-0139.

(2) Allocation of Acreage:

(a) In the event that total open field burning and propane flaming registration as of April 1 is less than or equal to the maximum acreage allowed to be open field burned or propane flamed annually, pursuant to subsection (1)(a), and (c) of this rule, the Department shall sub-allocate to each grower registrant and each district (subject to daily burn authorization) 100 percent of their respective registered acreage;

(b) In the event that total open field burning and propane flaming registration as of April 1 exceeds the maximum acreage allowed to be open field burned or propane flamed annually, pursuant to subsection (1)(a), and (c), of this rule, the Department may sub-allocate to growers on a pro rata share basis not more than 100 percent of the maximum acreage limit, referred to as “grower allocation.”

(c) Transfer of allocations for farm management purposes may be made within and between fire districts and between grower registrants on a one-in/one-out basis under the supervision of the Department. The Department may assist grower registrants by administering a reserve of released allocation.

(d) In the event that total stack burning registration at the close of the first registration period of January 2 through January 31 is less than or equal to the maximum of 250 acres out of the 1000 acre annual allocation pursuant to subsection (1)(e) of this rule, for the first stack burn period of February 5 through May 31, the Department shall sub-allocate to each grower registrant (subject to daily burn authorization) 100 percent of their respective registered acreage.

(e) In the event that total stack burning registration at the close of the first registration period of January 2 through January 31 exceeds the maximum of 250 acres out of the 1000 acre annual allocation pursuant to subsection (1)(e) of this rule, for the first stack burn period of February 5 through May 31, the Department may sub-allocate to each grower registrant on a pro rata basis not more than 100 percent of the maximum acreage limit, referred to as “grower allocation.” If any acreage remains unburned at the end of this first stack burn period, this acreage will be added to the maximum acreage allowed to be burned during the second burn period pursuant to subsections (2)(f)(g)

(f) In the event that total stack burning registration at the close of the second registration period of September 1 through September 30 is less than or equal to the maximum of 750 acres allowed to be burned for the second stack burn period of October 5 through December 31 pursuant to subsection (1)(e) of this rule, the Department shall sub-allocate to each grower registrant (subject to daily burn authorization) 100 percent of their respective registered acreage;

(g) In the event that total stack burning registration at the close of the second registration period of September 1 through September 30 exceeds the maximum of 750 acres out of the 1000 acre annual allocation pursuant to subsection (1)(e) of this rule, for the second stack burn period of October 5 through December 31, the Department may sub-allocate to each grower registrant on a pro rata basis not more than 100 percent of the maximum acreage limit, referred to as “grower allocation.”

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 468A.585
Hist.: DOA 2-1998, f. & cert. ef. 3-3-98; DOA 10-2009(Temp), f. & cert. ef. 7-15-09 thru 12-1-09; Administrative correction 12-23-09; DOA 12-2010, f. & cert. ef. 7-12-10; DOA 22-2012, f. & cert. ef. 8-1-12

603-077-0119

Burning Restrictions and Prohibitions

The following identifies smoke management requirements for Priority Areas, Critical Non-Burn Areas, Fire Marshal Buffer Zones, and Problem Fields, where burning is either restricted or prohibited, in order to further protect public health and safety from smoke impacts and potential fire hazards:

(1) Priority Areas:

(a) The following are priority areas where open field burning, propane flaming, and stack burning are restricted by the Department. No priority area acreage shall be burned upwind of any city, airport, Interstate freeway within the same priority area. Any burning within a priority area is subject to field by field authorization of the Department.

(A) Within three miles of the city limits of incorporated cities having populations of 10,000 or greater;

(B) Within three miles of the city limits of the City of Lebanon;

(C) Within one mile of airports servicing regularly scheduled airline flights;

(D) Areas on the west and east side of and within 1/2 mile of Interstate I-5, from Portland to the Douglas/Lane County lines;

(E) Areas on the west and east side of and within 1/4 mile of these highways: 99, 99E, and 99W. Areas on the south and north side of and within 1/4 mile of U.S. Highway 20 between Albany and Lebanon, Oregon Highway 34 between Lebanon and Corvallis, Oregon Highway 228 from its junction south of Brownsville to its rail crossing at the community of Tulsa.

(b) Parts of the Interstate I-5 and highway priority areas identified above are subject to the State Fire Marshal rules for fire safety buffer zones, which require a noncombustible area be established. See subsection (3) of these rules.

(c) Each responsible person open field burning, propane flaming, or stack or pile burning within a priority area shall refrain from burning and promptly extinguish any burning if it is likely that the resulting smoke would noticeably affect the priority area.

(2) Critical Non-Burn Areas:

(a) Burning is prohibited in critical non-burn areas. No person shall cause or allow any open field burning, propane flaming, or stack burning in the following critical non-burn areas, except as provided in these rules:

(A) Any part of a field that is underneath a power transmission line of 230kV rating or greater, extending 75 feet on either side of the center line of the power transmission line.

(B) Any part of a field within 500 feet of a hospital

(C) Any part of a field within 500 feet of a school, when the school is in session. A school shall be considered not in session during the following time periods:

(i) During the regular summer closure period, ending 7 days prior to the first day of regular fall classes. The Department will determine the end of the regular summer closure period by reviewing each effected schools regularly published school-year calendar;

(ii) 2 hours after the time the school day is officially over. The official end of the school day will be determined by the Department as published in each effected schools regular school-day calendar;

(D) Any part of a field within 500 feet of any airport servicing regularly scheduled airline flights. In cases where an airport does not have regularly scheduled flights, field by field burning may be authorized by the Department, in accordance with the requirements in subsection (4) that apply to problem fields.

(b) It shall be the responsibility of the grower to ensure the critical non-burn area does not burn. It is recommended that the field stubble either be flail-chopped, mowed, or otherwise cut close to the ground, and the loose straw removed so that the field will not sustain an open fire. Application of water to the critical non-burn area to ensure there is no combustion is also recommended. Should any open fire occur, all flame and smoke sources shall be immediately and actively extinguished.

(c) Any person conducting open field burning, propane flaming, or stack burning adjacent to a critical non-burn area shall take appropriate steps to ensure that the critical non-burn area remains unburned.

(d) Field by field burning may be authorized by the Department within 500 feet of a school that is not in session, subject to the following restrictions:

(A) No burning is allowed upwind of the school;

(B) The responsible person burning the field makes a visual observation to first confirm that there are no children or other persons present on the school grounds .

(e) When burning near a school or hospital critical non-burn area, or beyond 500 feet of a school that is not in session, the Department shall take special precautions to ensure that the prevailing winds do not cause smoke to impact the school or hospital.

(f) Any field that is intersected by a power transmission line of 230kV rating or greater shall be registered and burned as two separate fields to minimize the potential of smoke coming into direct contact with the power transmission line.

(3) State Fire Marshal Safety Buffer Zones:

(a) State Fire Marshal Rules for fire safety buffer zones, as specified in OAR 837, Division 110, establish a 1/2 mile buffer zone for Interstate I-5 and the highways listed below in this subsection. No person shall cause or allow any open field burning, propane flaming, or stack burning in the following portions of the State Fire Marshal fire safety buffer zones:

(A) Within 1/4 mile of either side of Interstate I-5, from Portland to the Douglas/Lane County lines.

(B) Within 1/8 mile of either side of the designated roadways listed below, as specified in the State Fire Marshal Rules in OAR 837, Division 110:

(i) ORE 99 — The section from Junction City to Eugene;

(ii) ORE 99E — The sections from Oregon City to Salem and from Albany to Junction City;

(iii) ORE 99W — The entire section from Portland to Junction City;

(iv) US 20 — The section from Philomath to Lebanon;

(v) ORE 22 — The section from ORE 18 to Mehama;

(vi) US 26 — The section from ORE 47 interchange to Portland;

(vii) ORE 34 — The section from Corvallis to Lebanon.

(b) The 1/4 and 1/8 mile safety buffer zone distances identified above must be a noncombustible area, as defined in the State Fire Marshal Rules. For all requirements related to the State Fire Marshal Fire Safety Buffer Zones, see OAR 837, Division 110. Nothing in the Departments’ rules regarding fire safety buffer zones replaces or substitutes for meeting all the requirements in the State Fire Marshal Rules.

(c) The area beyond the 1/4 and 1/8 mile noncombustible area in the fire safety buffer zone represents the area that is considered a priority area as described above in subsection (1)(a)(D) and (E), Burning in this part of the fire safety buffer zone is subject to the restrictions for priority areas in subsection (1) of these rules.

(4) Problem Fields:

(a) No problem fields shall be burned without first contacting the Department to determine what specific weather conditions and smoke management criteria need to be followed when burning the field, in order protect any school, hospital, airport, or other sensitive area, in proximity to the field.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 468A.585
Hist.: DOA 12-2010, f. & cert. ef. 7-12-10; DOA 22-2012, f. & cert. ef. 8-1-12


 

Rule Caption: Changes fee reimbursing the Department for statutorily required commission oversight function; changes maximum cap.

Adm. Order No.: DOA 23-2012

Filed with Sec. of State: 8-6-2012

Certified to be Effective: 8-6-12

Notice Publication Date: 6-1-2012

Rules Amended: 603-042-0020

Subject: Rule is revised to ensure the Oregon Department of Agriculture is reimbursed for all costs of supervisory and administrative functions that the Department is required by law to perform with regard to commodity commissions. The rule change provides for a maximum fee of $300,000 to cover all program costs. (The Department estimates that the operating costs for 2011-12 will be less that $264,000. The Commodity Commission Oversight Program Advisory Committee will continue to review program costs annually but does not want to revise the rule each year. All 23 commissions are billed a pro rata share with a maximum cap and a minimum fee.) The maximum fee per commission will be capped at $40,000. For 2011-12 fee billing the Department estimates the maximum fee will be $36,003.48.

 Note: A typographical error was made on the Notice of Proposed Rulemaking Hearing. The number was listed as 603-042-0010. The correct number, 603-042-0020, appeared on the Statement of Need and Fiscal Impact and on the text of the proposed rule change.)

Rules Coordinator: Sue Gooch—(503) 986-4583

603-042-0020

Commodity Commission Fees for Commodity Commission Program

(1) Pursuant to ORS 576.320, ORS 577.345, and ORS 578.135, the Department of Agriculture may collect annual fees from the commodity commissions to reimburse the Department for the supervisory and administrative functions that the Department performs according to ORS Chapters 576, 577, and 578.

(a) The Department shall consult with the Commodity Commission Oversight Program Advisory Committee related to the annual fees.

(2) The total fee assessed to the commissions shall not exceed $300,000 per fiscal year, beginning with the fee invoiced in fiscal year 2011–2012. The fee shall be used to reimburse the Department for expenses incurred in the previous fiscal year.

(3) The fees for each commission shall be determined using the assessment income as shown on the annual financial reports submitted to the Department.

(4) The total fee for each commodity commission shall be calculated as follows:

(a) First, calculate the base fee for each commission. The base fee for each commission equals 2.3% of the actual assessment income that the commission received in the fiscal year two years prior to the calculation, except that for those commissions with assessment income of $30,000 or less the base fee shall be a flat fee of $750, and except that for those commissions with assessment income exceeding $1,521,738 the base fee shall be a flat fee not to exceed $40,000.

(b) Second, calculate the first shortfall by totaling all the base fees and subtracting the result from the program’s annual operating costs, which are not to exceed $300,000.

(c) Third, calculate the assessment factor for each commission. The assessment factor shall be determined by dividing each commission’s fiscal year assessment collection by the total assessment income collected from all commodity commissions. The Department shall use the assessment collection shown on each commission’s year-end financial statements from the fiscal year two years before the calculation. (For example, when calculating the fee invoiced in fiscal year 2011–12, the Department shall use the assessment shown on the 2009–10 year-end financial statement.)

(d) Fourth, calculate the shortfall portion for each commission. For commissions paying a base fee based on a percentage of its actual assessment income, the shortfall portion equals the first shortfall multiplied by the assessment factor for that commission. For commissions paying a base fee based on a flat fee, the shortfall portion is not calculated.

(e) Fifth, calculate the combined fee for each commission. The combined fee for each commission equals the base fee for that commission plus the shortfall portion for that commission.

(f) Sixth, add all the combined fees for all commissions. If the total does not equal the actual cost of the program, which is not to exceed $300,000, a second shortfall exists.

(g) Seventh, if subsequent shortfalls exist, the Department shall assess those shortfalls to each commission that is paying a base fee based on a percentage of its actual assessment income.

(5) The Department shall invoice each commission no later than November 15 each year; and the total fees shall be paid to the Department no later than December 31 of each year.

Stat. Auth.: ORS 561.190
Stats. Implemented: ORS 561, 576, 577, & 578
Hist.: DOA 11-2000, f. & cert. ef. 4-18-00; DOA 14-2007, f. & cert. ef. 8-23-07; DOA 9-2011, f. & cert. ef. 5-10-11; DOA 23-2012, f. & cert. ef. 8-6-12


 

Rule Caption: Amends control area and regulations for growing Brassica spp. and Raphanus spp. in Willamette Valley.

Adm. Order No.: DOA 24-2012(Temp)

Filed with Sec. of State: 8-10-2012

Certified to be Effective: 8-10-12 thru 1-31-13

Notice Publication Date:

Rules Adopted: 603-052-0852

Rules Amended: 603-052-0850, 603-052-0860, 603-052-0870, 603-052-0880

Subject: The rule amendment divides the Willamette Valley control area into two subdistricts, which will have specific rules regarding the production of Brassica and Raphanus. No Rapeseed, Canola, or Brassica or Raphanus production for oil will be allowed in subdistrict 1(a), while any Brassica or Raphanus production will be allowed in subdistrict 1(b) if it is pinned on the Willamette Valley Specialty Seed Association’s electronic pinning system. All transport and handling of Brassica and Raphanus in Oregon must also be conducted in a manner that will minimize any inadvertent spread of plants, and transport of Brassica and Raphanus through subdistrict 1(a) will be restricted to specified routes.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-052-0850

Brassica spp. and Raphanus spp. Control Areas

As provided in ORS 570.405 and 570.450, the Department may establish control areas for the general protection of the horticultural, agricultural or forest industries of Oregon from diseases, insects, animals or noxious weeds or for the eradication or exclusion from such areas of certain plants or their produce, trees, diseases, animals, insects or noxious weeds that may be a menace to such areas and generally to horticultural, agricultural or forest industries.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13

603-052-0852

Definitions

For purposes of this rule, the following terms are defined as indicated:

(1) “Brassica oil crop” means any Brassica spp. that is grown for seed that will be processed into oil.

(2) “Brassica seed crop” means any Brassica spp. that is grown for seed.

(3) “Brassica spp.” means any plants in the genus Brassica.

(4) “Cover crop” means any Brassica spp. or Raphanus spp. that is grown as a cover crop and is not allowed to bloom.

(5) “Department” means the Oregon Department of Agriculture.

(6) “Director” means the Director of the Department or a duly authorized representative.

(7) “Forage crop” means any species of Brassica spp. or Raphanus spp. that is grown for livestock feed and is not allowed to bloom.

(8) “Person” means an individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

(9) “Producer” means any person who is the owner, tenant, or operator of land who has an interest in, and is entitled to receive all or any part of the proceeds from the sale of any commodity produced on that land.

(10) “Raphanus oil crop” means any Raphanus spp. that is grown for seed that will be processed into oil.

(11) “Raphanus seed crop” means any Raphanus spp. that is grown for seed.

(12) “Raphanus spp.” means any species in the genus Raphanus besides Raphanus raphanistrum (wild radish).

(13) “Rapeseed” means plants of the species Brassica napus, Brassica rapa and Brassica juncea, where seeds of high oil content are the economically valuable product. Included are the industrial types, with high erucic acid levels and canola with low erucic acid content used for edible oils.

(14) “Vegetable crop” means any species of Brassica spp. or Raphanus spp. that is grown for edible vegetables.

Stat. Auth.: ORS 561.190, 561.510 – 600, 570.305, 570.405 – 415 & 570.450

Stats. Implemented: ORS 570.405 – 415 & 570.425 – 450
Hist.: DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13

603-052-0860

General Production Area; Rules

Growing Brassica spp. or Raphanus spp. for oil, seed, vegetable, forage or cover crop production requires particular attention to maintain crop quality and purity. Proper isolation and management of varieties of Brassica spp., Raphanus spp. prone to causing cross pollination and processing problems, and proper management of diseases, insects, and pests are required to protect the public interest in well-developed and protected food, industrial, seed, and commodity markets. Therefore, the seeding and growing of Brassica spp. or Raphanus spp. by any person for any purpose in the state of Oregon shall be subject to the regulations of either the general production area or a protected district.

(1) All lands in Oregon outside of protected districts are for the purposes of this rule, in the general production area. Brassica spp. and Raphanus spp. production in the general production area is subject to the following regulations:

(a) Growing Brassica spp. and Raphanus spp. for any purpose, including as an oil crop is allowed;

(b) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test, stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. and Raphanus spp. may not be grown on the same plot of land more often than two years in every five;

(d) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(A) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. or Raphanus spp. production;

(B) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(C) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(i) Interstate 5; and

(ii) Highways 20, 22, 26, 27, 34, 84, or 99; and

(e) Any volunteer or uncontrolled Brassica spp. or Raphanus spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming;

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 3-2010, f. & cert. ef. 1-21-10; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13

603-052-0870

Protected Districts

Production of Brassica spp. or Raphanus spp. for oil, seed, forage or cover crop must be managed with production of crops of the same or related species grown for vegetable crop. Therefore, protected districts are established where Brassica spp. and Raphanus spp. production for oil, seed, vegetable, forage, and cover crops is managed to minimize undesirable cross-pollination, disease, pests, and volunteer plants.

(1) Protected District 1, in the Willamette Valley shall consist of the portion of Columbia County designated on map A, and the entire counties of Lane, Linn, Benton, Marion, Polk, Clackamas, Yamhill, Washington, and Multnomah.

(a) Protected District 1, Subdistrict 1(a) shall consist of all land designated as Subdistrict 1(a) on map A.

(b) Production of Brassica spp. or Raphanus spp. in Protected District 1, Subdistrict 1(a) does not require a special permit, but shall be managed according to the following rules:

(A) Production of rapeseed, Brassica oil crops, or Raphanus oil crops is prohibited;

(B) The location of all Brassica spp. and Raphanus spp. fields, and experimental plats shall be recorded using the Willamette Valley Specialty Valley Seed Association electronic pinning system;

(C) To prevent cross-pollination problems, Brassica spp. and Raphanus spp. must be isolated from other crops with which it will cross-pollinate by the distances found in Table 1; [Table not included. See ED. NOTE.]

(D) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(E) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. and Raphanus spp. may not be grown on the same plot of land more often than two years in every five;

(F) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(i) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. or Raphanus spp. production;

(ii) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(iii) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(I) Interstate 5; and

(II) Highways 20, 22, 26, 27, 34, 84, or 99; and

(G) Any volunteer or uncontrolled Brassica spp. or Raphanus spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming.

(c) Protected District 1 Subdistrict 1(b) shall consist of all areas of Protected District 1 that are not designated as Subdistrict 1(a).

(d) Production of Brassica spp. or Raphanus spp. in Protected District 1, Subdistrict 1(b) does not require a special permit, but shall be managed according to the following rules:

(A) Production of Brassica spp. and Raphanus spp. is allowed for any purpose;

(B) The location of all Brassica spp. and Raphanus spp. fields, and experimental plots shall be recorded using Willamette Valley Specialty Valley Seed Association electronic pinning system;

(i) Any plot of land used to grow Fall Brassica spp. or Fall Raphanus spp. shall be pinned by September 1st of each year on the Willamette Valley Specialty Seed Association electronic pinning system;

(ii) Any plot of land used to grow Spring Brassica spp. or Spring Raphanus spp. shall be pinned by March 1st of each year on the Willamette Valley Specialty Seed Association electronic pinning system;

(iii) The Director shall have authority to require destruction prior to bloom of any Brassica spp. or Raphanus spp. production that is not pinned pursuant to subparagraphs (i) and (ii) of this section. In the event that the person or producer of said production does not comply with the destruction order, the Director is authorized to have the production destroyed by a third party. Destruction shall be done before blooming occurs. The cost of such destruction is to be charged to the violating producer.

(iv) Isolation distances to prevent cross-pollination shall not be required for production of Brassica spp. or Raphanus spp.; and

(v) At the time a plot of land is pinned, a producer shall be prepared to provide a good faith assurance that crop production will occur;

(C) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(D) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. and Raphanus spp. may not be grown on the same plot of land more often than two years in every five;

(E) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(i) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. or Raphanus spp. production;

(ii) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(iii) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(I) Interstate 5; and

(II) Highways 20, 22, 26, 27, 34, 84, or 99; and

(F) Any volunteer or uncontrolled Brassica spp. or Raphanus spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming.

(2) Protected District 2, in Central Oregon, shall consist of the entire counties of Crook, Deschutes, and Jefferson. Production of rapeseed for seed or oil in Protected District 2 requires a special permit issued pursuant to OAR 603-052-0880(1), and shall be managed according to the following rules:

(a) Production of cover, forage, vegetable crop, vegetable crop for seed, or Raphanus spp. is allowed and does not require a special permit;

(b) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. may not be grown on the same plot of land more often than one year in every four;

(d) To prevent cross-pollination problems, Brassica spp. must be isolated from other crops with which it will cross-pollinate by a distance of at least three miles;

(e) The location of all Brassica spp. fields, and experimental plots shall be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(f) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(A) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. production;

(B) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(C) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(i) Interstate 5; and

(ii) Highways 20, 22, 26, 27, 34, 84, or 99; and

(g) Any volunteer or uncontrolled Brassica spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming.

(3) Protected District 3, in Northeastern Oregon, shall consist of the entire counties of Baker, Union, and Wallowa, except the following part of Wallowa County which is designated as a general production area: Township 4N, Range 43E; Township 4N, Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon. Production of rapeseed, Brassica spp., or Raphanus spp. in Protected District 3 does not require a special permit, but shall be managed according to the following rules:

(a) Production of Brassica spp. or Raphanus spp. is allowed and does not require a special permit;

(b) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. may not be grown on the same plot of land more often than one year in every four;

(d) To prevent cross-pollination problems, Brassica spp. and must be isolated from other crops with which it will cross-pollinate by a distance of at least 2 miles;

(e) The location of all Brassica spp. and fields, and experimental plots shall be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(f) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(A) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. production;

(B) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(C) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(i) Interstate 5; and

(ii) Highways 20, 22, 26, 34, 84, or 99; and

(g) Any volunteer or uncontrolled Brassica spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming.

(4) Protected District 4, in Malheur County, shall consist of a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho’s northern border intersects Malheur County’s eastern border, south to the point where Highway 95 crosses the Oregon border. This strip of land borders Idaho’s rapeseed production district IV (IDAPA 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a general production area. Production of rapeseed for seed or oil in Protected District 4 requires a special permit issued pursuant to OAR 603-052-0880(1), and shall be managed according to the following rules:

(a) Production of cover, forage, vegetable crop, vegetable crop for seed, or Raphanus spp. is allowed and does not require a special permit;

(b) All Brassica spp. seed stock which trades in commerce in Oregon must be accompanied by an official test stating that the untreated seed was free from blackleg and Leptosphaeria maculans; the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests, Brassica spp. may not be grown on the same plot of land more often than one year in every four;

(d) To prevent cross-pollination problems, Brassica spp. must be isolated from other crops with which it will cross-pollinate by a distance of at least three miles;

(e) The location of all Brassica spp. and fields, and experimental plots shall be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(f) All transport and handling of Brassica spp. and Raphanus spp. shall be accomplished in suitably packaged, covered or sealed containers or vehicles to prevent the inadvertent spread of seed or production of volunteer plants;

(A) Producers shall be responsible for the removal of any inadvertent spread of seed or volunteer plants within a quarter mile of any plot of land utilized for Brassica spp. production;

(B) A person shall clean any equipment used to transport seed before leaving the field and after unloading. For example, compressed air may be used to clean transportation equipment of any loose seed; and

(C) Any transportation of Brassica spp. or Raphanus spp. in or through Protected District 1 Subdistrict (a) shall be limited to the following routes:

(i) Interstate 5; and

(ii) Highways 20, 22, 26, 34, 84, or 99; and

(g) Any volunteer or uncontrolled Brassica spp. within a quarter mile of production fields must be controlled by the producer as soon as feasible, but always prior to pollen production or blossoming.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13

603-052-0880

Permits; Enforcement; Procedure

(1) Special Permits for Exemptions: The Department may issue special permits providing exemptions to the Brassica spp. and Raphanus spp. control area rules for the purpose of research. Persons requesting a special permit shall petition the Department in writing and include the following conditions:

(a) Research must include the involvement of an accredited university;

(b) All applicable conditions of OAR 603-052-0870 must be met including pinning of fields;

(c) The Director retains the final authority to approve or deny special permit requests. Any action under a special permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the proposed action and its potential risk.

(2) Violations: The Director shall have the authority to order destruction prior to bloom of any Brassica spp. or Raphanus spp. production that violates these rules. In the event that the person or producer of said production does not comply with the destruction order, the Director is authorized to have the production destroyed by a third party. Destruction shall be done before blooming occurs. The cost of such destruction is to be charged to the violating producer.

(3) Changes to Brassica spp. and Raphanus spp. Control Area Rules: Interested persons may petition the Department to amend or repeal these rules, including designation changes creating or removing protected district status, by following the procedures in the Administrative Procedures Act, ORS 183.390.

Stat. Auth.: ORS 561.190 & 570.450
Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450
Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 1-2008, f. & cert. ef. 1-7-08; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 3-2010, f. & cert. ef. 1-21-10; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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