As used herein, the following words and phrases shall mean:
LRAPA.
Lane Regional Air Protection Agency, a regional air quality control authority established under the provisions of, and with authority and powers derived from Oregon Revised Statutes 468A.105 et seq.
Opacity.
The degree to which an emission reduces transmission of light or obscures the view of an object in the background.
Pellet Stove.
An enclosed solid fuel space heating device designed and operated to burn manufactured solid fuel and having an air-to-fuel ratio greater than 35-to-1 as determined by the federal test method described in 40 CFR Part 60.534.
Person in Charge of Property.
An agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property.
PM2.5.
Solid or liquid particulate matter (excluding uncombined water) with an aerodynamic diameter less than or equal to 2.5 micrometers.
PM10.
Solid or liquid particulate matter (excluding uncombined water) with an aerodynamic diameter less than or equal to 10 micrometers.
Sole Source of Heat.
One or more solid fuel burning devices which constitute the only source of heating in a private residence. no solid fuel burning devices shall be considered to be sole source of heat if the private residence is equipped with any permanently installed furnace or heating system utilizing oil, natural gas, electricity, or propane.
Solid Fuel Space Heating Device.
Any device designed or operated to burn solid fuel for the heating of the interior of a building, including without limitation, solid fuel burning stoves, fireplaces, or woodstoves of any nature, combination fuel furnaces or boilers used for space heating which can burn solid fuel, and solid fuel burning cooking stoves. “Solid fuel burning device” does not include natural gas fired artificial fireplaces.
Green Advisory.
A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be less than 100 micrograms per cubic meter and PM2.5 levels are forecast to be less than 25 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban, Growth Boundary.
Yellow Advisory.
A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 100 micrograms per cubic meter but less than 125 micrograms per cubic meter, or when PM2.5 levels are forecast to be greater than or equal to 25 micrograms per cubic meter but less than 30 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary.
Stage I Red Advisory.
A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 125 micrograms per cubic meter but less than 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater than or equal to 30 micrograms per cubic meter but less than 35 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary.
Stage II Red Advisory.
A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater than or equal to 35 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary.
Visible Emissions.
The reduction in transmission of light or the obscuring of the view of an object in the background caused by the air pollutants emitted by the heating device. This does not include the visual distortion caused by the heated air emitted by the heating device.
(Section 4.506 amended by Ordinance No. 6026, enacted December 2, 2002; further amended by Ordinance No. 6216, enacted February 22, 2008)
(1) 
Stage I Red Advisory. No person in charge of property during a Stage I Red Advisory shall operate or allow to be operated a solid fuel space heating device which emits visible emissions into the air outside of the building housing the device unless the person in charge of the property has been granted an exemption to use the device by LRAPA.
(2) 
Stage II Red Advisory. No person in charge of property during a Stage II Red Advisory shall operate or allow to be operated a solid fuel space heating device unless the person in charge of the property has been granted an exemption to use the device by LRAPA or unless the person is operating a pellet stove which emits no visible emissions into the air outside of the building housing the device.
(3) 
No person in charge of property shall at any time allow to be initiated or maintained in a solid-fuel space-heating device the burning of any plastics, wire insulation, petroleum by-products, petroleum-treated materials, rubber products, animal remains, or animal or vegetable matter resulting from the handling, preparation, cooking or service of food, or of any other material which normally emits dense smoke, noxious odors, or hazardous air contaminants. This section does not prohibit use of natural gas fuels to light solid fuels.
(4) 
During a green or yellow advisory, no person in charge of property shall operate or allow to be operated a solid-fuel space-heating device which discharges emissions that are of an opacity greater than 40 percent. This provision does not apply to the emissions during the building of a new fire, for a period or periods aggregating no more than 10 minutes in any four-hour period.
(Section 4.508 amended by Ordinance No. 6026, enacted December 2, 2002)
A person in charge of property may operate a solid fuel space heating device during a Stage I or Stage II Red Advisory if that person has previously obtained one of the following exemptions from LRAPA.
(1) 
Sole Source of Heat: A person in charge of property who signs a sworn statement that the solid fuel space heating device is the sole source of heat for that persons residence is exempt from section 2 above. Individual exemptions shall expire on July 1 of each year and must be renewed annually. This exemption shall not be issued by LRAPA after June 30, 1996.
(2) 
Economic Need: Persons in charge of property who satisfy criteria established under the Low Income Energy Assistance Program as administered by the Springfield Utility Board and as established by the United States Department of Energy are exempt from the prohibitions established herein. Individual exemptions shall expire on July 1 of each year and must be renewed annually.
(1) 
LRAPA is hereby authorized and designated to enforce and administer the process of sections 4.508 through 4.512 of the code in accordance with the adopted administrative and hearing procedures of LRAPA set forth in its rules and regulations adopted November 10, 1992.
(2) 
Violations. Penalties shall be in accordance with applicable state laws and LRAPA “Rules of Practice and Procedures” adopted February 13, 1990.