ORC resource management director Selva Selvarajah told the Otago Daily Times it was not the council's policy to disclose the identity of people being prosecuted.
He said the orchardist had allegedly burned "many tyres".
A hearing date had not been set for the case, and it was not known whether the hearing would be held in Central Otago, he said.
The case served as a timely reminder for property owners to be aware of rules regarding outdoor burning, he said.
An open burning season came into effect throughout Central Otago this morning, following the end of a restricted fire season.
The season applies to all areas of the district outside a 1km radius of Department of Conservation land and the Naseby Forest.
Permits must be obtained from relevant fire authorities to burn inside such fire safety margins.
Dr Selvarajah said the ORC was urging people to remember its rules in relation to burning, particularly in areas affected by the council's air zones one and two.
Alexandra, Clyde, Cromwell, Queenstown, Wanaka, Balclutha, Milton and most of Dunedin are zoned under the ORC air plan.
Dr Selvarajah said owners of both residential and rural properties faced restrictions on outdoor burning, and people wanting to fight frosts had to be particularly careful of stringent rules regarding burn material, methods, and resulting air pollution.
"Unfortunately, we have discovered some growers burning illegal material or using illegal devices to fight frost. Burning oil in old-style frost pots produces one of the most noxious forms of air pollution, especially if waste oil is used," he said.
