**651.0102 State responsibilities**

All State laws dealing with air and water quality and disposal of solid
wastes must meet the minimum requirements of the Federal laws. Most
states have such laws. Many have laws, rules, or regulations
specifically addressing management of agricultural wastes in terms of
surface and ground water quality requirements, management facilities,
and land application. Many of the state laws, rules, and regulations are
more stringent than those promulgated by the Federal Government. In the
absence of State requirements, EPA assumes enforcement.

**651.0103 State laws and regulations**

**(a) Oregon Administrative Rules**

**1997 Compilation**

**DEPARTMENT OF ENVIRONMENTAL QUALITY**

 

DIVISION 51

CONFINED ANIMAL FEEDING

OR HOLDING OPERATIONS

340-051-0005

Purpose

It is the purpose of these rules to protect the quality of the
environment and public health in Oregon by requiring application of the
best practicable waste

control technology relative to location, construction, operations and
maintenance of confined animal feeding or holding facilities and
operations.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

  -------------- ----------------------- ------------------------------------
  **Table 1-1**  Typical features of     
                 point and nonpoint      
                 sources of water        
                 pollution               

  Point sources                          Nonpoint sources

                                         

  Relatively                             Flows usually occur at random and
  steady flow                            intermittent intervals following
  over time                              rain, snow melt, or ground thaw
                                         events

                                         

  Adverse                                Adverse impacts most severe during
  impacts most                           or following storm events or
  severe during                          cumulative in lakes
  periods of low                         
  stream flow or                         
  cumulative in                          
  lakes                                  

                                         

  Pollutants                             Pollutants enter watercourses at
  enter                                  many, often unidentifiable, points
  watercourses                           
  at                                     
  identifiable                           
  points                                 
  -------------- ----------------------- ------------------------------------

340-051-0010

Definitions

Unless the context requires otherwise, as used in these rules:

\(1\) \"Department\" means the Oregon Department of Environmental
Quality.

\(2\) \"Confined Animal Feeding Operation\" means the concentrated
confined feeding or holding of animals or poultry, including, but not
limited to horse, cattle,

sheep, or swine feeding areas, dairy confinement areas, slaughterhouse
or shipping terminal holding pens, poultry and egg production facilities
and fur

farms, in buildings or in pens or lots where the surface has been
prepared with concrete, rock or fibrous material to support animals in
wet weather or which have wastewater treatment works.

\(3\) \"Person\" means the state, any individual, public or private
corporation, political subdivision, governmental agency, municipality,
industry,

copartnership, association, firm, trust, estate or any other legal
entity whatsoever.

\(4\) \"Waste Control Facility\" means all or any part of a system or
systems used in connection with a confined feeding or holding operation
for the:

\(a\) Control of drainage;

\(b\) Collection, retention, treatment, and disposal of liquid wastes or
contaminated drainage waters; or

\(c\) Collection, handling, storage, treatment or processing and
disposing of manure.

\(5\) \"Waters of the State\" include lakes, bays, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes,
inlet, canals, the Pacific Ocean within the territorial limits of the
State of Oregon, and all other bodies of surface or underground waters,
natural or artificial, inland or

coastal, fresh or salt, public or private (except those private waters
which do not combine or effect a junction with natural surface or
underground waters)

which are wholly or partially within or bordering the state or within
its jurisdiction.

Stat. Auth.: ORS Ch. 449 & 468.020

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72; DEQ 21-1990, f. & cert. ef.
7-6-90

340-051-0015

New, Modified or Expanded Facilities and Operations

A person constructing or commencing to operate a confined feeding or
holding operation or waste control facility, or substantially modifying
or expanding an existing confined feeding and holding operation or
waste-control facility shall first submit detailed plans and
specifications for said facility and operation and other necessary
information to the Department and obtain approval of the proposed
facility and operation from the Department in writing:

\(1\) Plans and specifications and other information to be submitted
shall constitute a complete, descriptive proposal and should include, to
the extent that such information is pertinent and available, the
following:

\(a\) Location map showing ownership, zoning and use of adjacent lands
and location of the proposed confined feeding or holding facility or
operation in

relation to residences and domestic water supply sources;

\(b\) Topographic map of the proposed site showing the natural drainage
pattern and the proposed surface water diversion and area and roof
drainage control

system or systems;

\(c\) Climatological data for the proposed site describing normal annual
and seasonal precipitation quantities and patterns, evaporation rates
and prevailing winds;

\(d\) Information regarding the occurrence of usable groundwaters and
typical soil types in the area of the proposed site and disposal areas;

\(e\) Estimated maximum numbers and types of animals to be confined at
the site at any one time and estimated volume of wastes to be collected
and disposed of;

\(f\) Detailed plans and specifications and procedures for wastewater
and manure collection, handling, retention, storage, treatment and
disposal systems;

\(g\) Details of feed preparation, storage, handling and use and
proposed methods and facilities for controlling wastes that are likely
to result therefrom;

\(h\) Any additional information which the Department may reasonably
require to enable it to pass intelligently upon the effects of the
proposed confined

feeding or holding operation upon environmental quality.

\(2\) Receipt of applications and a preliminary evaluation of
completeness shall be made within 14 days to all applicants. Written
notice of approval or

disapproval will be issued by the Department to the applicant within 45
days of receipt of complete plans and specifications. Any notice of
disapproval will

contain itemized deficiencies.

\(3\) New or substantially modified or expanded facilities or operations
shall be constructed in accordance with plans and specifications as
approved in writing by the Department.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0020

Construction, Operation and Maintenance Requirements

All waste control facilities and confined feeding and holding operations
shall be designed, constructed, maintained, and operated in accordance
with the

following:

\(1\) All confinement areas, manure handling and accumulation areas and
disposal areas and facilities shall be located, constructed, and
operated such that

manure, contaminated drainage waters or other wastes do not enter the
waters of the state at any time, except as may be permitted by the
conditions of a specific waste discharge permit issued in accordance
with ORS 449.083.

\(2\) Unless it can be demonstrated that contaminated drainage can be
effectively controlled by other means, or unless a specific written
variance is obtained

from the Department as provided in OAR 340-051-0025, the design,
construction, operation, and maintenance of confined feeding and holding
operations and waste control facilities shall be in conformance with
\"Guidelines for the Design and

Operation of Animal Waste Control Facilities\". (OAR 340-051-0050
through 340-051-0080)

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0025

Variances From Specified Requirements

\(1\) The Department may by specific written variance waive certain
requirements of these regulations when size of operation, location and
topography, operational procedures, or other special conditions indicate
that the purpose of these regulations can be achieved without strict
adherence to all of the

requirements.

\(2\) The Department may, in accordance with a specific compliance
schedule, grant reasonable time for existing confined feeding or holding
operations to comply with these regulations.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0030

Advisory Committee

At the request of the animal industry, provision is made for a 13-man
committee to serve in an advisory capacity to the Department of
Environmental Quality on problems related to the location, construction,
operation and maintenance of confined animal feeding and holding
operations. The advisory committee will include one member each from:

\(1\) Oregon Horsemen\'s Association.

\(2\) Oregon Dairymen\'s Association.

\(3\) Oregon Sheep Growers Association.

\(4\) Oregon Purebred Swine Growers Association.

\(5\) Oregon State Fur Breeders Association.

\(6\) Oregon State Department of Agriculture.

\(7\) Department of Animal Science, Oregon State University.

\(8\) Western Oregon Livestock Association and divisional representation
from:

\(a\) Oregon Cattlemen\'s Association (Producer representative and
feeder representative);

\(b\) Oregon Poultry Council (Oregon Turkey Improvement Association
representative, Oregon Poultry Growers Association and Oregon Broiler
Growers Association representatives). Each member will be appointed by
the presiding officer of the organization he represents and will serve
at the pleasure of the organization. The Department shall not be liable
for any of the expenses of the advisory committee or its individual
members.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

Guidelines for the Design and Operation

of Animal Waste Control Facilities

340-051-0050

Scope

The guidelines contained in this rule are recommendations for design and
operation of animal waste control facilities and are intended to
supplement \"Regulations Pertaining to Location, Construction, Operation
and Maintenance of

Confined Animal Feeding or Holding Operations\". They convey many of the
criteria considered by the Department of Environmental Quality to
conform to best practicable design and operational practices.
Alternative methods of control will be acceptable if they can be shown
to provide fully equivalent control.

Compliance with these guidelines will in most instances constitute
satisfactory performance of the design and operation functions to which
the \"Regulations\" apply. Any disapproval of submitted plans, or
requirement to improve facilities or their operation, by the Department,
will be, insofar as possible, referenced to applicable guidelines or
appropriate sections of the \"Regulations\".

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0055

Drainage and Waste Volume Control

\(1\) Roof drainage and uncontaminated surface drainage should be
diverted such that it is not allowed to flow through confinement areas
or enter waste water holding lagoons, sumps or tanks, unless it can be
demonstrated by detailed design and proven operational practices that
wastes and contaminated drainage waters can be effectively controlled by
other means.

\(2\) Where large winter use confinement areas are exposed to heavy
rainfall, and wastewater storage and disposal capacities are limited,
such areas should be

covered to minimize wastewater volume.

\(3\) Waste collection systems utilizing water for flushing manure from
floors should minimize water use, and washwater reuse practices should
be employed wherever possible.

\(4\) Animal drinking water and atmospheric control sprays should be
managed such that drainage through contaminated areas is minimized.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0060

Collection and Storage Facilities

\(1\) Liquid Manure Systems:

\(a\) When waste holding lagoons are used to accumulate manure and
contaminated drainage waters they should have sufficient usable capacity
to contain the maximum accumulated rainfall and manure runoff from the
entire collection area for the maximum expected period of accumulation.
(As a generalized rule of thumb for design, ponds with capacity equal to
1/2 the average annual rainfall over the entire collection area will
usually provide adequate operating and reserve capacity to catch one in
ten year peak storm runoff from a feedlot);

\(b\) Waste holding lagoons and collection sumps should be constructed
to provide for at least annual removal of accumulated solids to maintain
effective storage capacity;

\(c\) Earth dikes should be constructed of good quality soil material,
well compacted during construction, with sideslopes consistent with
accepted earthfill practices for the materials used and stabilized with
vegetation recommended by the Agricultural Extension Service,
immediately following

construction;

\(d\) Waste holding lagoons or collection sumps with earth dikes should
be constructed with overflow relief structures to prevent a washout in
the event of failure in other parts of the system;

\(e\) Where unusually windy conditions prevail, or surface aeration
equipment is used, dikes should be protected to prevent erosion;

\(f\) Reinforced concrete manure holding tanks should be constructed in
accordance with, or at least equivalent to, specifications for steel
placement and concrete quality contained in a design which has been
prepared by or has been reviewed and found acceptable by a qualified
structural engineer;

\(g\) Where seasonal groundwater levels rise above the bottom of a
below-ground-level tank, drain tile should be laid at the base of the
tank before it is backfilled.

\(2\) Solids Handling Systems:

\(a\) Manure solids should be collected, stored, and utilized or
disposed of with a minimum of water (or rainfall) addition, in a manner
which will prevent water pollution and minimize the production of flies
and odors;

\(b\) Where large accumulations of manure are stored during winter
months, contaminated drainage collection and holding or disposal
facilities should be

provided.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0065

Conveyance Facilities and Practices

\(1\) Liquid manure irrigation systems should have delivery mains buried
wherever practicable to minimize the amount of pipe exposed to the
hazards of surface damage and failure.

\(2\) Trucks or tank wagons carrying manure or manure slurry on public
roads should be of water tight construction and sufficiently closed or
baffled to

prevent spillage of any kind.

\(3\) Manure slurry delivery pipelines crossing streams or gullies
should be permanently placed with adequate protection from streamflow
hazards and/or braced to prevent excessive bending stress in the pipe.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0070

Disposal Facilities and Practices

\(1\) Liquid Manure Disposal:

\(a\) When slurry is spread by tank wagon or truck, a predetermined plan
of uniform coverage should be established and adhered to. Under no
circumstances

should a tank be drained when not in motion across suitable receiving
land;

\(b\) Liquid manure irrigation systems should be operated according to a
predetermined plan of rotation to insure uniform coverage and prevent
prolonged ponding or surface runoff from excessive applications. Leaks
and sprinkler head malfunctions should be repaired immediately;

\(c\) The selection of equipment for land disposal should be based upon
land configuration, labor requirement, and long term dependability of
the system and its components;

\(d\) Adequate land should be provided on a year-round basis for
effective assimilation of all manure slurry applied, regardless of the
method of application used. Land with poor vertical drainage
characteristics, high water table or steep slopes should not be selected
for use in a year-round plan of manure disposal;

\(e\) The vegetative cover on disposal land should be harvested or
grazed regularly to prevent thatch accumulations of mature grasses and
weeds;

\(f\) Livestock should not be permitted to graze the disposal area
during periods of saturated soil conditions;

\(g\) Seepage basins should not be used except where it can be
demonstrated that ground water pollution will not result.

\(2\) Solids Disposal:

\(a\) Field spreading of manure should be uniform in distribution and
limited in quantity to the capacity of the land to retain it;

\(b\) Manure should not be stored or deposited where it can be washed
into the surface drainage;

\(c\) Manure solids should not be used as a fill or land raising
material where they will pollute ground or surface waters;

\(d\) All dead animals should be promptly collected and disposed of in
an approved manner.

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0075

Incidental Control Practices

\(1\) The application of manure or manure slurry to land areas should be
accomplished when air movements is least likely to carry objectionable
odors to residential or recreational areas.

\(2\) New confined feeding or holding facilities should not be located
where prevailing winds are likely to carry odors into residential or
recreational areas. Attention should also be given to expansion of
suburban areas and the stability of local zoning restrictions in
locating new operations or

substantially expanding existing operations.

Stat. Auth.: ORS Ch. 499

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

340-051-0080

Sources of Qualified Assistance for Design of Facilities

\(1\) Where drainage control, structural or mechanical facilities are
sufficiently large or complex to require specialized professional
design, the Department of

Environmental Quality may require that detailed plans and specifications
be prepared by a qualified engineer for approval prior to construction.

\(2\) Appropriate design services are available through:

\(a\) USDA \-- Soil Conservation Service;

\(b\) USDA \-- Oregon State University Extension Service and associated
plan services;

\(c\) Various equipment manufacturers;

\(d\) Independent consulting engineers. Useful design information is
often available through:

\(A\) County extension offices and Agricultural Experiment Stations;

\(B\) Department of Environmental Quality engineering staff;

\(C\) Oregon State University Departments of Agricultural Engineering
and Animal Science;

\(D\) Certain power companies and irrigation districts.

\(e\) Climatological data reporting services (Oregon State University
and state climatologist);

\(f\) Other livestock operations which have waste control facilities in
operation;

\(g\) Various livestock production associations;

\(h\) Soil and Water Conservation District offices.

\(3\) Where long range operational planning appears necessary to
development of a workable waste control and disposal system, the
Department of Environmental Quality may request that special planning
assistance be obtained from Oregon

State University and recommendations therefrom be included in the
proposal submitted.

\(4\) Any dam or dike in excess of ten feet in height, or any
impoundment volume in excess of 9.2 acre feet is required by state laws
to be designed by a qualified engineer and approved by the office of the
State Engineer. A copy of \"Rules and Regulations of the State
Engineer\", published annually, should be obtained prior to designing a
facility of this type.

\(5\) Approval by the Department of Environmental Quality of a confined
feeding or holding operation does not relieve the applicant from his
obligation to comply with other pertinent federal, state or local
statutes, regulations or ordinances.

\[Publications: The publication(s) referred to or incorporated by
reference in this rule are available from the Department of
Environmental Quality.\]

Stat. Auth.: ORS Ch. 449

Stats. Implemented: ORS

Hist.: DEQ 34, f. 2-3-72, ef. 2-15-72

**(b) Permits**

> Permit Number:
>
> Page 1 of 6 Pages

GENERAL PERMIT

WATER POLLUTION CONTROL FACILITIES PERMIT

Department of Environmental Quality

811 Southwest Sixth Avenue, Portland, OR 97204

Telephone: (503) 229-5696

Issued pursuant to ORS 468.740

  ---------------------------------------- ------------------------------
  ISSUED TO:                               SOURCES COVERED BY THIS
                                           PERMIT:

                                           

  All Owners or Operators of Wastewater    Any confined animal feeding
  Disposal Facilities covered by this      operation (CAFO) including dog
  Permit.                                  kennel with a wastewater
                                           disposal system

                                           [OCT 08 1990]{.underline}

  Lydia Taylor, Administrator              Date

                                           
  ---------------------------------------- ------------------------------

[PERMITTED ACTIVITIES]{.underline}

Until this permit is terminated, modified, or revoked, the permittee is
authorized to construct, install, modify, or operate a wastewater
collection, treatment, control and disposal system in conformance with
requirements, limitations, and conditions which follow:

This permit does not relieve the permittee from responsibility for
compliance with any other applicable federal, state or local law, rule,
standard, ordinance, order, judgment, or decree.

[Definitions]{.underline}

a\. \"Confined animal feeding operation\" means the concentrated
confined feeding or holding of animals or poultry, including, but not
limited to horse, cattle, sheep, or swine feeding areas, dairy
confinement areas, slaughterhouse or shipping terminal holding pens,
poultry and egg production facilities and fur farms, in buildings or in
pens or lots where the surface has been prepared with concrete, rock or
fibrous material to support animals in wet weather or which have
wastewater treatment works.

b\. \"Wastewater treatment works or wastewater disposal system\" means
all or any part of a system or systems used in connection with a
confined feeding or holding operation for the:

> 1\) Collection, retention, treatment, and disposal of liquid wastes or
> contaminated drainage waters; or
>
> 2\) Collection, handling, storage, treatment or processing and
> disposing of liquid manure.

Note: For additional definitions, see page 6.

> Permit Number:
>
> Page 2 of 6 Pages

SPECIAL CONDITIONS

[Waste Disposal Limitations not to be Exceeded by Persons Covered by
This General Permit]{.underline}

1.  No direct discharge or potentially harmful indirect discharge to
    state waters is permitted. All manure, silage pit drainage, washdown
    waters, contaminated precipitation, and other contaminated
    wastewater shall be distributed on land for dissipation by
    evapotranspiration at agronomic application rates. For purposes of
    planning, designing, and implementation of a resource management
    system, components should be extracted from the [Oregon Animal Waste
    Installation Guidebook]{.underline}, written by the Soil
    Conservation Service and distributed by the Natural Resources
    Division of the Oregon Department of Agriculture (ODA).

2.  Adequate waste storage shall be provided which will be sufficient to
    store all manure and wastewater during periods when it cannot be
    safely applied to cropland without contaminating waters of the
    state.

3.  The permittee shall properly manage all parts of the wastewater
    disposal system. Prior to the wet winter months of each year, the
    wastewater containment or storage facilities shall be dewatered if
    necessary and cleaned of solids accumulations so that the full
    design capacity of the system is available for winter storage. Care
    should be taken during dewatering so that pond liners are not
    disturbed. Caution should also be taken with inground tanks in high
    groundwater conditions to prevent flotation of tanks.

4\. In accordance with information submitted to the Department of
Agriculture concerning the quantity of waste storage available and the
amount of land available for manure and wastewater disposal, the maximum
number of animals allowed robe confined at this location is:

> Permit Number:
>
> Page 3 of 6 Pages

5\. Prior to increasing the number of animals for which the wastewater
management system was designed, the permittee must provide evidence that
the wastewater handling facilities are adequate and that there is
sufficient acreage available for waste disposal. If the permittee
exceeds by more than 25 animals or more than 10% the number of animals
established in Condition 4., whichever is greater, the permittee is in
violation of the permit and is subject to enforcement action.

6\. Prior to construction or modifying any wastewater control
facilities, detailed plans and specifications shall be approved in
writing by the ODA or the Department of Environmental Quality (DEQ).

7\. When manure is spread on land care shall be taken to assure that the
land application rate does not exceed the agronomic utilization rate for
the nutrients in the manure. It shall not be applied in a location, at a
time, or in a manner whereby it is likely to contaminate waters of the
state by runoff, seepage, or any other means. Temporary storage of dry
manure is permitted at greater than agronomic application rates.

> Permit Number:
>
> Page 4 of 6 Pages

G1. This general permit does not cover activities covered by an
individual Water Pollution Control Facilities (WPCF) permit until the
individual permit has expired or been canceled. Any person conducting an
activity covered by an individual permit but which could be covered by
this general permit may request that the individual permit be canceled.

G2. Any permittee not wishing to be covered or limited by this general
permit may make application for an individual WPCF permit in accordance
with procedures in OAR 340-45-025.

G3. The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance with
the terms and conditions of this permit.

G4. The issuance of this permit does not convey any property rights in
either real or personal property, or any exclusive privileges, nor does
it authorize any injury to private property or any invasion of personal
rights nor any infringement of Federal, State, or local laws, or
regulations.

G5. The Department of Environmental Quality, its officers, agents, or
employees, the Department of Agriculture, its officers, agents, or
employees, and the local soil and Water Conservation District directors
and employees shall not sustain any liability on account of the issuance
of this permit or on account of the construction or maintenance of
facilities because of this permit.

G6. In the event the permittee is unable to comply with all the
conditions of this permit because of a breakdown of equipment or
facilities, an accident caused by human error or negligence, or any
other cause such as an act of nature, the permittee will:

> a\. Immediately take action to stop, contain, and clean up the
> unauthorized discharges and correct the problem.
>
> b\. Immediately notify the Natural Resources Division of ODA so that
> an investigation can be made to evaluate the impact and the corrective
> actions taken and determine additional action that must be taken.
>
> Compliance with these requirements does not relieve the permittee from
> responsibility to maintain continuous compliance with the conditions
> of this permit or the resulting liability for failure to comply.
>
> Permit Number:
>
> Page 5 of 6 Pages

G7. The Director of the Department of Environmental Quality may, or upon
the recommendation of the Director of the Department of Agriculture,
revoke a general permit as it applied to any person and require such
person to apply for and obtain an individual permit if:

> a\. The covered source or activity is a significant contributor of
> water pollution or creates other water quality problems;
>
> b The permittee is not in compliance with the terms and conditions of
> this general permit; or
>
> c\. Conditions or standards have changed so that the source or
> activity no longer qualifies for a general permit.

G9. Penalties:

> Oregon Law (ORS 468.990) classifies a willful or negligent violation
> of the terms of a permit or failure to get a permit as a misdemeanor
> and a person convicted thereof shall be punishable by a fine of not
> more than \$25,000 or by imprisonment for not more than one year, or
> by both. Each day of violation constitutes separate offense.
>
> In addition to the criminal penalties specified above, Oregon Law (ORS
> 468.140) allows the Director of the Department of Environmental
> Quality to impose civil penalties up to \$10,000 per day for violation
> of the terms or conditions of a permit.
>
> In addition to the civil penalties which may be assessed by the
> Department, an additional penalty of \$500 shall be assessed upon any
> owner or operator of a confined animal feeding operation who has not
> applied for a permit required by ORS 468.740.

G10. Compliance with this permit does not relieve the permittee from the
applicable requirements of other state and local agencies, such as but
not limited to the following:

> \(1\) The requirement to have plans reviewed and approved by the Water
> Resources Department if constructing a pond with a dam or dike over 10
> feet high or with the capacity to hold more than 9.2 acre feet of
> water,
>
> \(2\) The requirement to get a water right permit from the Water
> Resources Department if applying wastewater for the purpose of
> irrigation, and
>
> Permit Number:
>
> Page 6 of 6 Pages
>
> \(3\) The requirement to adhere to local building codes and get
> building permits where applicable.

Gll. Fees:

> \(1\) Each year, during the month of July, all permittees shall pay
> the Natural Resources Division of the Oregon Department of Agriculture
> a fee of \$25, as required by ORS 468.740, as amended by HB 3445.
>
> \(2\) Any owner or operator who has been assessed a civil penalty by
> the Department of Environmental Quality as described in ORS 468.135,
> for mismanagement of an animal waste facility, pursuant to ORS
> 468.740, shall be assessed an annual fee of \$1,000 for each of three
> consecutive years by the director of the Department in lieu of the
> \$25 fee listed above.

G12. Additional Definitions:

> \(1\) "Waters of the State or State waters" include lakes, bays,
> ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
> estuaries, marshes, inlets, canals, the Pacific Ocean within the
> territorial limits of the State of Oregon and all other bodies of
> surface or underground waters, natural or artificial, inland or
> coastal, fresh or salt, public or private (except those private waters
> which do not combine or effect a junction with natural surface or
> underground waters) which are wholly or partially within or bordering
> the state or within its jurisdiction.
>
> \(2\) \"Agronomic application rate\" means a rate of animal waste
> application which matches nutrient requirements for specific crop at
> the disposal site on an annual basis.

IW\\WC5940 (CW/hs)

(9/27/90)

 **651.0104 Owner/producer responsibilities**

All work in which SCS assists must meet the requirements of Federal,
State, and local laws, rules, and regulations. Landowners, producers,
and operators are responsible for obtaining required approvals and
permits and for operating facilities in accordance with theses laws,
rules, and regulations.

**651.0105 Safety**

Safety is an important aspect of planning, design, construction, and
operation of an agricultural waste management system (AWMS). SCS policy
as it pertains to an AWMS includes:

-   Notification of utility companies when utilities are in the vicinity
    of engineering investigations of construction activities(National
    Engineering Manual (NEM), part 503).

-   Incorporating safety measures into structures (NEM, part 503)

-   Informing decisionmaker and contractor of safety requirements at
    preconstruction conferences (NEM, part 512.13).

-   Safety requirements for construction activities under formal SCS
    contracting (Federal Acquisition Regulations, Clause 52.236-13, and
    Code of Federal Regulations, 29 CFR 1910 & 1926).

-   Safety requirements for construction contracts under locally awarded
    contracts (120-V-CGCAM (National Contracts, Grants, and Cooperative
    Agreements Manual, part 516).

-   Safety requirements for construction by informal contracting
    acquired by the decisionmaker (110-GM (General Manual), part 402.4).

Withdrawing SCS assistance if unsafe construction conditions are not
corrected (110-GM, part 402.13.