1. (1) The Environmental Quality Commission shall establish by rule periods during which open burning of vegetative debris from residential yard cleanup shall be allowed or disallowed based on daily air quality and meteorological conditions as determined by the Department of Environmental Quality.

2. (2) After June 30, 1982, the commission may prohibit residential open burning in areas of the state if the commission finds:

   1. (a) Such prohibition is necessary in the area affected to meet air quality standards; and
   2. (b) Alternate disposal methods are reasonably available to a substantial majority of the population in the affected area.

3. (3)

   1. (a) Nothing in this section prevents a local government from taking any of the following actions if that governmental entity otherwise has the power to do so:

      1. (A) Prohibiting residential open burning;
      2. (B) Allowing residential open burning on fewer days than the number of days on which residential open burning is authorized by the commission; or
      3. (C) Taking other action that is more restrictive of residential open burning than a rule adopted by the commission under this section.

   2. (b) Nothing in this section affects any local government ordinance, rule, regulation or provision that:

      1. (A) Is more restrictive of residential open burning than a rule adopted by the commission under this section; and
      2. (B) Is in effect on August 21, 1981.
   3. (c) As used in this subsection, “local government” means a city, county, other local governmental subdivision or a regional air quality control authority established under ORS 468A.105.

[Formerly 468.355]