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<br /> Mr. H. M. Patterson, State Department of Environmental Quality explained duties of his office, and I
<br /> that recent legislation, while a step in the right direction; is still inadequate, and does not
<br /> provide the legal tools to allow the Agency to control field burning and eliminate the problem.
<br /> There was discussion concerning methods of determining field burning days. Mr. Arnold Silver,
<br /> Attorney for the Department of Environmental Quality, said the City could instruct its own Fire
<br /> Marshall regarding burning, but that State law supersedes City law. Mr. Silver, in answer to Council-
<br /> woman Beal, said that, under the law, field burning is an exempt activity. The law only 'establishes
<br /> a schedule of days when field burning is permissible, and incorporates restrictions in permits for
<br /> burning. There is need for stronger legislation.
<br /> There was further discussion concerning legal aspects, and possfuble' legal action to be taken by the
<br /> City.
<br /> Mayor Anderson said the City had been willing .to cooperate with the grass seed industry, but has recog-
<br /> nized the futility of seeking this type of regulation. The Council now has to declare itself and seek
<br /> complete abolition of open field burning in the Willamette Valley Air Shed. e
<br /> Mr. Carl Broome presented a petition circulated in the City, and requested that'funds be allotted for
<br /> research for other methods to alleviate problems of grass burning farmers.
<br /> Mr. Ed Deardorff, a taxpayer, spoke against field burning, but did not feel local citiz'ens should be
<br /> prohibited from burning on their property.
<br /> A letter was read from Don Fox, M.D., president of Lane County Medical Society, addressed to'Governor I
<br /> McCall, advocating cessation of field burning for medical reasons, and requesting that research funds
<br /> be provided by the State to assist in finding a solution to the problem.
<br /> Councilman Teague agreed that something must be done to alleviate the City's smoke problems.
<br /> I Mr. Pat Flynn, speaking' as a m~mberof Upper"Willamette Air Pollution League, suggeste? that the City
<br /> I go before the courts and determine the intent of the law, and what corrective steps are needed.
<br /> Mr. Becker upheld the back yard burning ban, saying it would be inconsistent to complain of burning
<br /> and do nothing in our own City. The Mayor said the matter of back yard burning will be taken up later
<br /> on the,agenda.
<br /> A vote was taken on the motion as stated and motion carried.
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<br /> Mayor Anderson commented on the matter of seeking relief through the courts. He urged the Council to
<br /> commit itself to such a policy, and requestec' the City Manager to recommend a course of legal action,
<br /> based on a survey of the problem, and findings in other cases of this kind. After this survey is
<br /> completed, legal counsel selected would make recommendations to the City Council as to the best course
<br /> of ~egal_action to be ta~en, apprQximate cost to the City, and suth other obligations as might be
<br /> incurred. The time required for this would place undue burden on the City Attorney, and the cost
<br /> I should be borne by all the City.
<br /> Mrs. Hayward moved seconded by Mr. McDonald to request the City Manager to come back to the Council I
<br /> with a plan for relief through the courts.
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<br /> Mr. Paul Koblis said it seemed current controls on field burning are based on weather, and that weather
<br /> cannot be counted upon. Since agriculture is exempt under current law, some provision should be
<br /> made for protecting health and welfare of the people of this valley.
<br /> A vote was taken on the motion as stated and motion carried.
<br /> Mrs. Hayward moved seconded by Mr. ~cDonald to establish a ban on outdoor burning, except for certain -
<br /> kinds of recreational burning, for the city of Eugene, and urge other jurisdictions to undertake
<br /> similar _action.
<br /> Mrs. Hayward commented on a suggestion made by Mr. Becker that the City recognizes the problem of
<br /> clearing away cuttiags and other yard debris. Due to financial problems, the City cannot go into
<br /> I remo~al in a full scale manner. There has been discussion of charging individuals who request this
<br /> serv~ce.
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<br /> Councilman McDonald said Mr. Clyde Smith, 1970 Polk Street, and Mr. Byron Taylor, 2520 Lawrence, had
<br /> contacted him, speaking against the ban on backyard burning.
<br /> Dr. Purdy reported he had received a call regarding the'wigwam burner on Garfield, and was told by
<br /> Mr. Vern,Adkison that this company has been making a feasibility study for equipment to. try to eliminate
<br /> that burrier entirely., Mr. Adkison said very few industrial burning permits are being issued. Mr.
<br /> Teague added that Mr. Adkison has been very successful in finding a new. market for products ordinarily I
<br /> burned.
<br /> Mrs. John Bascomb, president of the League of"Women Voters read a statement from them in support of a
<br /> ban on burning.
<br /> Mr. Herbert Titus spo~e in favor of the burning Ban. 0
<br /> Mayor Anderson explained that one of the chinks in the City's armor was that local government had done
<br /> nothing within the scope of its own. responsibility. The City must be willing to do its part. -
<br /> Mr. GordonZehrung, 5240 Saratoga, approved of the ban on field burning, but felt homeowners burning
<br /> ~;, 8/11/69...5 I
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