CHAPTER 406 CONTENTS
406.001 Policy and Purpose 99
406.005 Definitions 99
406.100 Air Quality Pollution Prohibitions That
Apply County Wide 102
406.150 Air Quality Pollution Prohibitions That Apply
Within the Air Quality Zone 103
406.350 Certificate of Exemption – Solid Fuel-fired
406.400 Certificates of Variance and
Certificates of Waiver – Open Burning 106
406.450 Enforcement 107
406.500 Penalties 107
406.550 Severability 107
406.650 Contingency Strategies 107
Ordinance No. 63.00 - 07/31/91
Ordinance No. 63.01 - 06/25/97
Ordinance No. 63.02 - 12/23/97
KLAMATH COUNTY CLEAN AIR ORDINANCE
406.001 Policy and Purpose. To control and address air quality problems and identify the Air Quality Zone, so that Klamath County will have clean air for the benefit of its citizens’ health and welfare; to be in compliance with terms of the Federal Clean Air Act of 1990 and not exceed the National Ambient Air Quality Standard for particulate matter; and to improve economic development opportunities.
406.005 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this Chapter.
(1) Air Quality Advisory - A means, declared and provided by the Klamath County Environmental Health Division based on the Air Quality Forecast, to inform area residents of what the air quality is or potentially will be. The advisories shall be:
(a) Red Curtailment Period - A period of time when an Air Quality Forecast predicts that particulate matter concentrations have the potential to exceed or are exceeding an estimate of 150 ug/m3 of PM-10 or 65 ug/m3 for PM-2.5 for a 24-hour average. Such pollution concentrations have a high probability of being unhealthy.
(b) Yellow Curtailment Period - A period of time when the Air Quality Forecast predicts that particulate matter concentrations are less than what would be considered for the Red Curtailment Period, but would likely exceed estimates of 80 ug/m3 of PM-10 or 40ug/m3 of PM-2.5 for a 24-hour average. Such pollution concentrations have a high probability of impacting public health.
(c) Green Period - A period of time when an Air Quality Forecast predicts daily particulate matter concentrations for a 24-hour average will not exceed:
(i) 80 ug/m3 of PM-10; or,
(ii) 40 ug/m3 of PM-2.5.
(2) Air Quality Forecast – A method of using available data including, but not limited to, local weather conditions, current and anticipated particulate levels, and weather forecasts to determine the PM-10 and PM-2.5 particulate matter concentrations.
(3) Air Quality Zone – An area within the County as depicted on the map and legal description in Exhibit A.
(4) Agricultural Operation - An activity on land currently used or land intended to be used primarily for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or by the raising and sale of livestock or poultry or the produce thereof, which activity is necessary to serve that purpose; it does not include the construction and use of dwellings customarily provided in conjunction with the agricultural operation.
(5) Burn Down Time - A period of time allowed for fires in solid fuel-fired appliances to die down prior to the beginning of enforcement activities. Such burn down time applies with Red or Yellow Curtailment Periods.
(6) Certificate of Exemption - A written approval issued by the Klamath County Environmental Health Division to use a solid fuel-fired appliance in a manner normally in violation of the requirements of this Chapter.
(7) Certificate of Variance - A written approval issued to an individual by the Klamath County Environmental Health Division to open or outdoor burn in a manner normally in violation of the requirements of this Chapter.
(8) Certificate of Waiver – A written approval issued for an area of the county by the Klamath County Environmental Health Division to allow open or outdoor burning in a manner normally in violation of the requirements of this Chapter.
(9) Certified Wood Burning Appliance - A solid fuel-fired appliance that has been certified by Oregon Department of Environmental Quality (DEQ) or bears an EPA or DEQ certification label and that the manufacturer has tested and approved the model in accordance with EPA emission certification method published in 40 CFR Part 60, Subpart AAA, Section 60.530 - 60.539b; February 23, 1988 or subsequent regulations.
(10) Cook Stove - A wood burning stove installed in the kitchen, which is primarily designed for cooking and has a stovetop and an oven. It may also be equipped with gas burners.
(11) Exempt Solid Fuel-Fired Appliance – Stoves that are exempt from the state requirements for certification for its installation. Exempt stoves are pellet stoves, antique stoves (built before 1940 with ornate construction with a substantially higher current market value), cook stoves, open masonry fireplaces or other stoves that have a valid letter of exemption from DEQ or do not meet the definition of a “woodstove” or “woodheater” as defined in DEQ’s Oregon Administrative Rules for Residential Woodheating.
(12) Fireplace - An open hearth or fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney.
(13) Klamath County Air Quality Planning Advisory Committee – A volunteer committee appointed by the Klamath County Board of Commissioners via a resolution. The purpose of the Air Quality Planning Advisory Committee is to evaluate relevant air quality data, identify significant contributing emission sources, and recommend appropriate emission reduction strategies.
(14) Notice of Noncompliance – A letter notifying a violator of this Chapter of the specific violation and the corrective action necessary.
(15) Low Income Person – A person or family who demonstrates economic need by certifying through proof that their total household income is less than the very low income guidelines established annually by the United States Department of Housing and Urban Development.
(16) Open Burning - Open outdoor fires (including burn barrels, backyard incinerators and warming fires) of agricultural, commercial, construction, demolition, domestic or industrial waste, forestry slash and land clearing debris.
(a) Agricultural waste - Any materials generated or used by an agricultural operation.
(b) Commercial waste - Materials from offices, warehouses, restaurants, mobile home parks, dwellings (apartments) containing more than four family units, hotels, motels, schools or wholesale or retail yards.
(c) Construction waste – Any waste material actually resulting from or produced by a building or construction project. Examples of construction waste are wood, lumber, paper, wood pallets, crating and packing materials used during construction, materials left after completion of construction and materials collected during cleanup of a construction site.
(d) Demolition waste – Any material actually resulting from or produced by the complete or partial destruction or tearing down of any man-made structure or the clearing of any site for land improvement or cleanup, excluding yard debris (domestic waste) and agricultural waste.
(e) Domestic waste - Household materials including paper, cardboard, clothing, yard debris, or other material generated in or around a dwelling of four or less family units.
(f) Industrial waste - Any materials (including process wastes) produced as a direct result of any manufacturing or industrial process.
(g) Forest Slash - Forest debris or woody vegetation related to the management of forestlands used for the growing and harvesting of timber.
(h) Land clearing debris - Trees, brush, stumps or man-made structures burned for the purpose of site preparation or cleanup and includes debris along highway or roadway right-of-ways.
(17) Particulate Matter Ten Microns and Less (PM-10) – Airborne particulate matter with an aerodynamic diameter of ten microns in size or less. PM-10 is normally measured by weight per unit volume of air in micrograms per cubic meter (mg/m3). The National Ambient Air Quality Standard is 150 mg/m3 for a 24-hour period beginning at 12:01 AM and ending later that evening at midnight.
(18) Particulate Matter Two and one-half Microns or Less (PM-2.5) – Airborne particulate matter with an aerodynamic diameter of 2.5 microns in size or less. PM-2.5 is normally measured by weight per unit volume of air in micrograms per cubic meter (mg/m3). The National Ambient Air Quality Standard is 65 mg/m3 for a 24-hour period beginning at 12:01 AM and ending later that evening at midnight.
(19) Pellet Stove - Solid fuel-fired burning device designed to heat the interior of a building. It is a forced draft heater with an automatic feeder which supplies appropriately sized feed of compressed pellets made from wood fiber or other bio-mass material to the firebox.
(20) Person - Any individual, partnership, corporation, company or other association.
(21) Prohibited Materials - Any combustible material as defined by the State’s prohibited materials open burning rule which include wet garbage, plastic, wire insulation, automobile parts, asphalt, petroleum product, petroleum treated material, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking, or service of food that normally results in dense or noxious smoke when burned. Also included are any open burned materials that cause a public or private nuisance or a hazard to public safety.
(22) Sole Source of Heat - One or more residential solid fuel-fired appliances which constitute the only source of space heat in a private residence. No residential solid fuel-fired appliance or devices shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed working system such as: oil, natural gas, electric, geothermal, solar or propane heating system whether connected or disconnected from its source.
(23) Solid Fuel-Fired Appliance - A device designed for solid fuel combustion and includes cordwood stoves, fireplaces, solid fuel-fired cook stoves and combination fuel furnaces or boilers which burn solid fuels.
(24) Urban Growth Boundary (UGB) - An area of the county surrounding and including the City of Klamath Falls which has been designated by the Klamath County Board of Commissioners and the City of Klamath Falls as an area of potential growth which may impact both governmental bodies.
(25) Warning - An official notification that a person has been found by Air Quality Inspectors to be burning during a Red or Yellow Curtailment Period or are in violation of this Chapter.
406.100 Air Quality Pollution Prohibitions That Apply County Wide:
(1) PUBLIC RESPONSIBILITIES. Each person that burns outdoors in Klamath County is required to comply with the Air Quality Advisories.
(2) APPLIANCE RESALE AND INSTALLATION. The resale and/or installation of exempt solid fuel-fired appliances are allowed in accordance with state and local requirements. A building permit for the installation of a solid fuel-fired appliance is required. The sale and/or installation of solid fuel-fired appliances not meeting Section 406.005(9) within Klamath County is prohibited, excluding solid-fuel fired cook stoves.
(3) BURNING PROHIBITED MATERIALS. Prohibited materials as defined in Section 406.005 (21) shall not be burned in domestic open burning (including burn barrels), fireplaces, solid fuel-fired appliances, cook stoves, or trashburners within Klamath County. An exception is the burning of re-refined used oil in an approved oil-burning device.
(4) OPEN BURNING RESTRICTIONS. This section pertains to open burning (outdoor burning) as defined in Section 406.005 (16).
(a) Prohibited Materials. The burning of prohibited materials as defined in Section 406.005 within Klamath County is prohibited.
(b) All open burning, including burn barrels/incinerators, is prohibited during Red or Yellow Curtailment Periods within Klamath County unless a Certificate of Variance or Certificate of Waiver has been issued by the Klamath County Environmental Health Division in accordance with Section 406.400.
(c) Burning Period. Fires must be completely out by sunset unless otherwise permitted or directed by the local fire department. State Fire Marshal restrictions, more stringent city outdoor burning ordinances and local fire district no-burn periods will supersede allowed burning during Green Periods.
(d) Exceptions for Forest Slash Burning. Forest slash burning and forest health burning is exempt from the requirements identified in Section 406.100(c) if the burning is conducted solely for the purpose of growing or harvesting of trees, or ecosystem management.
406.150 Air Quality Pollution Prohibitions That Apply Within the Air Quality Zone. In addition to those requirements in Section 406.100, these additional prohibitions apply in the Air Quality Zone as defined in Section 406.005 (3).
(1) PUBLIC RESPONSIBILITIES. Each person that burns indoors or outdoors in the Air Quality Zone is required to comply with the air quality advisories.
(2) OPEN BURNING WITHIN THE AIR QUALITY ZONE. Unless otherwise specified in this Chapter open burning is prohibited within the Air Quality Zone.
(a) The Klamath County Environmental Health Division Manager in consultation with the Board of County Commissioners and Fire Districts No. 1 and No. 4, may declare one specific thirty (30) day period in the Spring and in the Fall during which open burning will be allowed.
(i) The Klamath County Environmental Health Division during a burn period may temporarily prohibit open burning should poor ventilation episodes be forecasted.
(ii) The Klamath County Environmental Health Division in consultation with the Board of County Commissioners and Fire Districts No. 1 and No. 4 may extend a burn period one day for every day in which open burning is prohibited due to poor ventilation or weather conditions.
(iii) The thirty-day burn periods do not apply to agricultural burning within the Urban Growth Boundary or one-fourth mile beyond the UGB.
(b) All agricultural open burning is prohibited at all times in that area of the Air Quality Zone defined as the Klamath Falls Urban Growth Boundary and within one-quarter mile of that boundary.
(c) A Certificate of Variance to allow open burning may be allowed outside the Spring and Fall burn periods, as defined in Section 406.400(1), on a case by case basis when an emergency or substantial need occurs as permitted by Klamath County Fire District No. 1 or No. 4.
(3) SOLID FUEL-FIRED APPLIANCES. This section applies to the sale, installation and use of solid fuel-fired appliances in the Air Quality Zone.
(a) Appliance Resale and Installation. The resale and/or installation of uncertified solid fuel-fired appliances within the Air Quality Zone is prohibited, excluding solid-fuel fired cook stoves. The resale and/or installation of exempt solid fuel-fired appliances are allowed in accordance with state and local requirements. A building permit for the installation of a solid fuel-fired appliance is required.
(b) Sole Source. It shall be unlawful for a solid fuel-fired appliance to be the sole source of heat in any nonowner (tenant) occupied dwelling unit within the Air Quality Zone.
(c) Red Curtailment Period. No person shall operate any solid fuel-fired appliance including any certified wood burning appliance during Red Curtailment Periods unless an exemption has been granted pursuant to this Chapter. Pellet stove operators are excluded from following the Red Curtailment Periods. Visible Air Contaminants emissions standards Section 406.150(3)(f) must be adhered to by all exempted device operators.
(d) Yellow Curtailment Period. No person shall operate any solid fuel-fired appliance except a certified wood burning appliance during Yellow Curtailment Periods unless an exemption has been granted pursuant to this Chapter. Certified solid fuel-fired appliances may be operated during a Yellow Curtailment Period. Pellet stove operators are excluded from following the Yellow Curtailment Periods. Visible Air Contaminants emissions standards Section 406.150(3)(f) must be adhered to by all exempted device operators.
(e) Green Periods. Indoor burning may be conducted so long as restrictions identified in Sections 406.100 through 406.350 are complied with.
(f) Visible Air Contaminants. No person operating a solid fuel-fired appliance within the Air Quality Zone shall allow smoke of an opacity of greater than 20% opacity, or a comparable scale such as the Ringelmann Chart (Exhibit B), to be vented to the atmosphere for a period or periods aggregating more than three (3) minutes in any one (1) hour period. Emissions created during a ten (10) minute start-up period are exempt.
(g) Burn Down Time. A burn down time, not to exceed 3 hours, will be given on Red or Yellow Curtailment Periods. No enforcement action will take place for visible air contaminant emissions emitted during the burn down time.
(h) Emergency Conditions. Klamath County Environmental Health Division may issue an Air Quality Zone-wide exemption to Section 406.150 during periods when:
(i) utility suppliers declare energy shortages;
(ii) electric power or outages occur;
(iii) interruptions occur of natural gas supplies; or,
(iv) temporary failure occurs of a homeowner's space heating system when there is an immediate need to operate a solid fuel space-heating device to protect family/individual health and welfare.
(i) No coal shall be burned by any person, private or commercial, within the Air Quality Zone.
(ii) Only dry, seasoned cordwood, pressed sawdust logs, or pellets specifically manufactured for the appliance may be burned.
406.350 Certificate of Exemption – Solid Fuel-fired Appliances. This section pertains to solid fuel-fired appliances within the Air Quality Zone.
(1) ISSUANCE. The Klamath County Environmental Health Division Manager or delegate may issue a Certificate of Exemption to burn solid fuel-fired appliances within the Air Quality Zone for residential space heating purposes during Red or Yellow Curtailment Periods.
(a) All Applications for Certificates of Exemption shall be on forms provided by the Klamath County Environmental Health Division.
(b) All Certificates of Exemption expire on May 15 of each year.
(c) Application for renewal of all Certificates
of Exemption is the responsibility of the registrant.
(d) The Klamath County Environmental Health Division shall review and approve, approve with conditions or deny the application within 10 working days of receiving a completed application.
(e) Klamath County Environmental Health Division shall not charge a fee for processing an application or issuing a Certificate of Exemption.
(f) The Klamath County Environmental Health Division will provide information about assistance with non-wood burning alternatives to each person who applies for an exemption.
(2) LOW INCOME EXEMPTION. A low-income person, either tenant or owner, may be given an exemption to use a solid fuel-fired appliance for residential heating during Red and Yellow Curtailment Periods.
406.400 Certificates of Variance and Certificates of Waiver – Open Burning. This section pertains to all open burning (outdoor burning) in Klamath County. Certificates of Variance or Certificates of Waiver issued by Klamath County Environmental Health Division are required for all open burning within Klamath County not conforming to Section 406.350.
(1) CERTIFICATES OF VARIANCE.
(a) All Applications for Certificates of Variance shall be on forms provided by the Klamath County Environmental Health Division.
(b) All Certificates of Variance expire on May 15 of each year.
(c) Application for renewal of all Certificates of Variance is the responsibility of the applicant.
(d) The Klamath County Environmental Health Division Manager or delegate shall review and approve, approve with conditions or deny the application within 10 working days of receiving a completed application.
(e) Klamath County Environmental Health Division shall not charge a fee for processing an application or issuing a Certificate of Variance.
(f) Inside the Air Quality Zone, Klamath County Fire District No. 1 or No. 4 and the Klamath County Environmental Health Division may develop an interagency agreement to expedite the processing of applications.
(2) CERTIFICATE OF WAIVER. The Klamath County Environmental Health Division Manager or delegate may issue a Certificate of Waiver for an area of the county when the meteorological conditions are expected to be different than those forecast for other parts of the county.
(3) LOCAL FIRE DEPARTMENT PERMIT REQUIRED. In addition to any condition of the Certificate of Variance or Waiver, the local fire department or the State or Local Fire Marshal may require a permit and additional precautions. Failure to follow the conditions of the local fire department or the State or Local Fire Marshal voids the Certificate of Variance or Waiver.
(4) FIRES OUT BY SUNSET. All fires must be out by sunset except slash burning or as determined by the local fire district.
(1) AIR QUALITY ADVISORIES. The Klamath County Environmental Health Division shall determine Air Quality Advisories at least daily during the winter heating season and at other times of the year as needed. Air Quality Advisories will be provided to the public.
(2) KLAMATH COUNTY AIR QUALITY INSPECTOR. Staff from the Klamath County Environmental Health Division or local County Fire Districts may serve as Air Quality Inspectors. The primary role of an Air Quality Inspector is to educate the public. However, Air Quality Inspectors or appropriate law enforcement officer have the authority to implement provisions of this Chapter.
(3) ENFORCEMENT ACTIONS. When a Klamath County Air Quality Inspector has observed a violation of the terms of this Chapter, a Code Enforcement Officer may issue a verbal warning, a Notice of Noncompliance, a Citation and Summons to Appear in Court or may take other legal action.
(4) NOTICE OF NONCOMPLIANCE. A Notice of Noncompliance may be issued to the violator as a sole enforcement action in lieu of a citation or in addition to a citation. A Notice of Noncompliance is not required if a citation is issued.
(a) The notice shall contain relevant information such as date, time and violation observed.
(b) The Notice shall specify the corrective action that must be taken and the time in which it must be accomplished.
(c) Within ten days of correcting the violation, the violator shall in writing notify the Klamath County Air Quality Inspector that the corrective action has been taken.
(5) AIR QUALITY CITATIONS. An appropriate law enforcement officer may directly issue a Citation and Summons to Appear in Court for a violation of this Chapter or after a Notice of Noncompliance has not been corrected.
406.500 Penalties. Failure
to comply with the provisions of this Chapter shall be subject to a fine of up
to $600.00 for a one-time occurrence and a fine of not more than $1,000.00 for
a continuing offense. This provision
will be enforced in accordance with Chapter 800, Uniform Civil Violation
Procedure of the Klamath County Code.
406.550 Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof.
Strategies. If particulate concentration levels are
estimated to exceed the PM-10 or PM-2.5 National Ambient Air Quality Standard
(NAAQS) daily or yearly average level, in addition to appropriate increased
enforcement, Klamath County may convene the Klamath County Air Quality Planning
Advisory Committee. The Committee will
first meet within one month of triggering this planning effort. The Committee will evaluate relevant air
quality data; identify significant contributing emission sources; develop
appropriate emission reduction strategies such as the expansion of the Air
Quality Zone and requiring the removal of non-certified stoves upon sale of the
home; and will recommend action to the Board of County Commissioners.