Department of Environmental Quality v. Hayworth Farms, Inc.

Petitioner1 seeks review of an order by the Environmental Quality Commission (EQC) imposing a $1,000 civil penalty for violation of field burning rules. Although petitioner does not challenge the findings that he was engaged in open field burning after the fires-out time set by EQC, he contends that EQC erroneously interpreted its rule when it applied it to him. We affirm.

Petitioner is a grass seed grower who farms 5,000 acres and participates in the field burning smoke management program administered by the Department of Environmental Quality (DEQ). On September 23,1982, he received…