justicedao/ipfs_state_laws huggingface dataset:
603-110-0100 Purpose (1) Improving fish and wildlife habitat and water quality can not succeed through laws and government actions alone. These rules implement ORS 541.423 which reflects and depends upon Oregonians characteristic spirit of volunteerism and stewardship. The rules provide the means for the Departments of Forestry and Agriculture to implement a voluntary and flexible conservation incentives program that recognizes and rewards agricultural, forest, and other landowners who choose to exceed regulatory criteria for conservation, restoration, and improvement of fish and wildlife habitat or water quality while managing land to meet their objectives. Stewardship agreements will be long-term and consider conservation from a property wide perspective, rather than at the scale of single localized projects. (2) This program provides incentives for landowners who meet and exceed regulatory requirements to achieve conservation. Regulatory requirements are continually reviewed and revised in the face of new scientific information and changing social values. As such, the relevant habitat and water quality statutes provide the means to evaluate whether a landowner is meeting and exceeding regulatory criteria. (3) For lands and activities falling under the Oregon Forest Practices Act, the purpose of the stewardship agreement program is also to more efficiently implement the provisions of the Act as a voluntary alternative to traditional mechanisms of forest operation planning, review, inspection, and enforcement. (4) The stewardship agreement program will recognize other relevant landowner efforts, such as forest or agricultural certification and habitat conservation plans, which have been developed by landowners to meet their management objectives, as components that partially or fully qualify a landowner for a stewardship agreement. (5) The stewardship agreement program may not meet the objectives of all landowners. Landowners who choose not to enter into stewardship agreements, although they may be qualified to do so, are not considered less protective of resources than those landowners who choose to enter into stewardship agreements. (6) Voluntary conservation, restoration, and improvement of fish and wildlife habitat or water quality depends on effective partnerships with other parties. The stewardship agreement program seeks to develop and support cooperative and collaborative partnerships with federal, state, and local agencies and with private conservation and landowner organizations. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0200 Definitions The following definitions apply to OAR 603-110-0100 through 603-110-1100. (1) "Landowner" means the owner identified in the management plan and any agent or consultant authorized by the owner to implement the management plan. (2) "Stewardship agreement" means a written agreement between the landowner and the Department(s) that ensures the implementation of a management plan meeting the intent of ORS 541.423. (3) "Management plan" means a written, multi-resource strategy for a particular tract of farm, forest, or other land, describing how the landowner will manage the land under consideration for a stewardship agreement to meet the intent of ORS 541.423 as laid out in OAR 603-110-0100 to 1100). (4) “Department(s)” refers to the Oregon Department of Forestry and/or the Oregon Department of Agriculture. (5) “Inventory” means describing elements of land uses, such as pasture, crop land, timber land, habitat, and other natural features, but not information that is proprietary or sensitive to landowner financial interests. (6) “Pesticides” include but are not limited to herbicides, insecticides, fungicides, and rodenticides. Pesticides are regulated under the Oregon Pesticide Control Law (ORS 634) and the Oregon Pesticide Regulations (OAR 603-057). (7) “Conservation” means the management of land, water, and natural resources for the purpose of meeting human and ecological needs in a sustainable manner. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0400 Application Review (1) Applications will be reviewed jointly by the Departments. (2) Application review will include a review of the past record of compliance with applicable laws and regulations regarding land use and management. (3) The Departments will accept applications at any time and will review applications in a reasonable time, normally within 90 days. (4) For applications covering lands in both agriculture and forest use, the Departments will designate one of the Departments to be the primary contact for development of the agreement, with both Departments approving the agreement. (5) The Department(s) will consult with appropriate state and federal agencies and other conservation partners regarding potential issues related to their responsibilities and expertise. (6) The Department(s) and landowner will work jointly to develop a draft stewardship agreement. This will include a site visit with the landowner. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0600 Stewardship Agreement (1) The agreement will include the landowner’s commitment to: (a) Implement the activities and monitoring identified in this agreement for enhancing conservation, restoration, and improvement of fish and wildlife habitat or water quality. (b) Comply with and manage beyond relevant habitat and water quality rules and statutes. (c) Allow audits and assist with the process, as appropriate. (2) The agreement will identify the activities and monitoring that will be done for conservation, restoration, and improvement of fish and wildlife habitat or water quality. (3) The agreement will include the Departments’ commitment to: (a) Accept the agreement as demonstrating compliance with state regulatory requirements if the agreement demonstrates such compliance. (b) Provide specific assistance or incentives that may include: information about conservation programs, certification for marketing purposes, technical assistance, coordination with other agencies to resolve issues. (c) Strive to match participants with resources suitable to meet landowner objectives. (4) For lands subject to the Oregon Forest Practices Act, the stewardship agreement may include sufficient detail to meet the requirements for: (a) Written plans under ORS 527.670(3), OAR 629-605-0170, and 629-605-173; (b) Fifteen-day waiting periods under OAR 629-605-0150(1), except as provided by ORS 527.670(9) for aerial chemical applications; (c) Notification consistent with OAR 629-605-0140 and 629-605-0150; and (d) Other administrative rules and statutes related to notification, such as for fire protection, taxation, safety, water withdrawals, or public subscriptions. (5) Landowners may have active forest operations on lands that are part of a proposed stewardship agreement. If so, the stewardship agreement will immediately apply those operations when the stewardship agreement is finalized. (6) Department access to stewardship agreement lands is limited to reviews and audits for which landowners have provided authority. Landowners may also choose to authorize additional limited access to lands under the stewardship agreement for purposes of biological effectiveness monitoring. (7) The agreement will include the frequency of audits, which will be established based on the Departments’ evaluation of the relative complexity of the management plan and the terms of the stewardship agreement. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0700 Decision Authority (1) The State Forester is delegated full authority by the Board of Forestry to implement the provisions of ORS 541.423, including but not limited to review of management plans and preparation and approval of stewardship agreements. (2) Prior to approving a stewardship agreement, the Departments will provide public notice and 21 days for comment on the proposed agreement. (3) When the Departments determine that comments from the review process are adequately addressed, the stewardship agreement will be approved. (4) The Departments will give notice of approval, termination, and revisions of a stewardship agreement to each other, to the Oregon Department of Fish and Wildlife, and to the Oregon Watershed Enhancement Board. (5) If the management plan includes potential chemical application operations related to forest operations, the State Forester will give notice of approval of a stewardship agreement to: (a) Any person with surface water rights pursuant to ORS Chapter 537 who, under the provisions of 527.670(6), has previously requested in writing from the State Forester copies of notifications and written plans for chemical application operations within ten upstream miles of the water right location; and (b) The community water system manager of any community water system where the surface water drainage area upstream of the intake is 100 square miles or less and the management plan includes potential aerial chemical application operations within 100 feet, or ground-based chemical application operations within 50 feet, of the Type D or domestic use portions of Type F streams that provide water used by the community water system. (6) The Departments will notify persons who submitted timely comments of the approval of a stewardship agreement. Any person who submitted timely comments and who is adversely affected by the operations conducted under an approved or amended stewardship agreement may file a written request for a hearing to the appropriate Department. (7) As provided for in ORS 568.912 and 527.700(1) and (2) a landowner may appeal an order denying approval of a stewardship agreement. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0800 Stewardship Agreement Audits (1) The Department(s) will conduct periodic audits with the landowner on lands under a stewardship agreement. (2) The landowner will provide authorization for the Department (or its designated agent) that is party to the stewardship agreement to conduct periodic audits on lands subject to the stewardship agreement to determine whether the management plan is being implemented and whether the stewardship agreement should be continued, revised, or discontinued. (3) For the purpose of the stewardship agreement rules, an audit means a review of land management and resource sites identified in the stewardship agreement to determine if the terms and conditions of the stewardship agreement are being met. (4) The frequency and the number of audits may vary based on the Departments’ evaluation of the relative complexity of the management plan, the terms of the stewardship agreement, or the performance observed during previous audits. (5) Audits will be conducted at least once every three years. Landowners may request additional audits to help them assess their performance under the stewardship agreement or to provide an annual government certification of their operation. (6) The Departments will provide an audit report to the landowner within a reasonable period, normally 45 days, with recommendations for needed revisions to the stewardship agreement. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-0900 Revising Stewardship Agreements (1) The landowner and the Departments will cooperatively revise the stewardship agreement if: (a) The landowner requests a revision; (b) An audit report recommends revising the stewardship agreement; (c) Any portion of the land changes ownership resulting in that land being removed from the stewardship agreement as per 603-110-1000(3). (2) All revisions to the stewardship agreement are subject to the review process outlined in 603-110-0700(2) and (3). Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-1000 Terminating Stewardship Agreements (1) The appropriate Department will issue a written notice to terminate a stewardship agreement when: (a) The landowner is negligent in meeting the terms of the stewardship agreement; (b) The landowner willfully disregards the terms of the stewardship agreement; or (c) The State Forester or Department of Agriculture and landowner fail to reach agreement about revisions required under OAR 603-110-0900 within a reasonable period, normally 45 days. (d) Failure to comply with Federal environmental laws could be criteria for terminating or suspending a stewardship agreement. (2) The written notice to terminate the stewardship agreement will state the conditions under section 603-110-1000(1) of this rule that exist and what, if any, remedies are necessary to avoid the termination. (3) Any parcel of land that is sold or transferred to another landowner will immediately cease to be included in the stewardship agreement. (4) Upon receiving a written notice to terminate the stewardship agreement, the landowner will suspend all portions of operations requiring written plans under the Forest Practices Act until written plans have been submitted and reviewed. (5) The landowner may terminate the agreement after providing written notice to the lead Department for the agreement. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-110-1100 Periodic Review of Program (1) An interagency review of the Departments’ implementation of the stewardship agreement program will be produced biennially, and presented to the Board of Forestry and Board of Agriculture. This report will include: (a) A description of the agreements approved; (b) Areas of concern regarding implementation of the program; (c) A review of the coordination between the two Departments; (d) Recommendations to revise or modify the program; (e) A review of program effectiveness for enhancing fish and wildlife habitat and water quality. (2) An advisory group, including the Oregon Department of Fish and Wildlife, and other interested/involved parties, will be utilized to assist the Departments in conducting the biennial review. Statutory/Other Authority: ORS 541.423 Statutes/Other Implemented: ORS 541.423 History: DOA 20-2006, f. & cert. ef. 11-21-06
603-111-0010 Posting of Gasoline Excise Taxes at Retail Gas Stations Definitions (1) “Gas Station” means a place of business where gasoline is sold as a fuel for motor vehicles. (2) “CFP” means the ODEQ Clean Fuels Program adopted by rule pursuant to ORS 468A.266 and OAR 340-253-000 – OAR 234-253-8100. (3) “Director” means the Director of the Oregon Department of Agriculture or his or her designee. (4) “Motor Vehicle” means a self-propelled vehicle, such as a car or truck, that is powered primarily by a spark ignition internal combustion engine, is used for transporting people or goods, and is registered for operation on public roads. (5) “ODA” means the Oregon Department of Agriculture. (6) “ODEQ” means the Oregon Department of Environmental Quality. (7) “Reasonable Customer’s Point of View” means the perspective of a person: (a) standing outside the vehicle using a fuel nozzle at a gas station operating pursuant to ORS 480.345; or (b) seated in the driver’s side of the vehicle during refueling at all other gas stations. Statutory/Other Authority: ORS 646.932 Statutes/Other Implemented: ORS 646.932 History: DOA 22-2018, adopt filed 08/01/2018, effective 08/01/2018
603-111-0020 Posting of Gasoline Taxes Posting of Gasoline Excise Taxes (1) Gas stations must post the following gasoline excise tax information either on or near the gasoline dispensers, on the point of sale receipt, or the customer’s periodic invoice: (a) the current federal gasoline excise tax; (b) the current state gasoline excise tax; (c) the current local gasoline excise tax; and (d) the combined total federal, state, and local gasoline excise tax. (2) If the gasoline excise tax information is posted on or near the gasoline dispensers, then the sign or label must be: (a) large enough in size to be readily seen from a reasonable customer’s point of view; (b) printed in a font of sufficient size and contrast so that it is legible from a reasonable customer’s point of view; and (c) be located so as to be readily seen from a reasonable customer’s point of view. (3) If the gasoline excise tax information is printed either on the customer’s receipt or a customer’s periodic invoice, then the gasoline excise tax information must be printed in a font of equivalent size to the sales information displayed on receipt or invoice. Statutory/Other Authority: ORS 646.932 Statutes/Other Implemented: ORS 646932 History: DOA 22-2018, adopt filed 08/01/2018, effective 08/01/2018
603-111-0030 Option to Post the Cost per Gallon of the CFP Option to Post the Cost per Gallon of the CFP. (1) Posting the cost per gallon of the CFP at a gas station is optional. (2) If the owner or operator of a gas station posts the cost per gallon of the CFP at a gas station then the owner or operator must post; (a) the cost per gallon of the CFP, as published on ODEQ’s website and as updated by ODEQ no later than April 15thof each year; and (b) the concurrent total greenhouse gas reduction attributable to the CFP, as published on ODEQ’s website and as updated by ODEQ no later than April 15thof each year. (4) ODA shall furnish the formula, the cost per gallon of the CFP, and the total greenhouse gas reduction attributable to the CFP to gas station owners or operators who wish to post this material at their respective gas stations, upon written request from such owners or operators. Statutory/Other Authority: ORS 646.932 Statutes/Other Implemented: ORS 468A.271, ORS 646.932 History: DOA 22-2018, adopt filed 08/01/2018, effective 08/01/2018
603-111-0040 Enforcement Proceedings; Civil Penalties Enforcement Proceedings; Civil Penalties (1) Each violation of any provision of ORS 646.932 or rules implementing that provision is a separate and distinct violation, and, in cases of continuing violations, each day's continuance is a separate and distinct violation. Notwithstanding, the ODA may consolidate proceedings involving multiple violations against the same person or entity into a single proceeding. (2) Hearings shall be conducted as contested case hearings pursuant to the applicable provisions of ORS 183.413 to 183.471 and OAR 137-003-0501 to 137-003-0700. (3) A civil penalty imposed under ORS 646.932 and these regulations may be remitted or reduced at the Director's discretion upon such terms and conditions that are proper and consistent with public safety and welfare. (4) Civil penalties shall be assessed in accordance with ORS 183.745 according to the following schedule based upon enforcement history; (A) First violation: Notice of Non-Compliance. (B) Second violation: A Notice of Violation. (C) Third violation: A monetary civil penalty of $50. (D) Subsequent violations: A monetary civil penalty of $100 per violation. Statutory/Other Authority: ORS 646.932 Statutes/Other Implemented: ORS 646.932 History: DOA 22-2018, adopt filed 08/01/2018, effective 08/01/2018
604-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Chewings Fescue and Creeping Red Fescue commission will give notice of the intended action. (1) In the Secretary of State’s Bulletin, referred to in ORS 183.360, at least 21 days before the effective date of the rule; (2) By mailing a copy of the notice to persons on the Oregon Chewings Fescue and Creeping Red Fescue Commission’s mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule; (3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and (4) By mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) Associations with an interest in Commission’s rulemaking and publications whose readers have an interest in the Commission’s activities; and (c) Newspapers in primary production regions of the commodities represented by the commission. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: CRFC 1-2001, f. & cert. ef. 6-12-01 CFC 13, f. & ef. 10-27-77
604-010-0005 Definitions As used in OAR 604-010-0011 and 604-010-0015, unless otherwise required by context: (1) "Person" means any individual, corporation, association, partnership, and joint stock company. (2) "Commission" means the Fine Fescue Commission. (3) "Casual Sale" means any sale or sales of Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, made by the producer direct to the consumer where the total accumulated sales during a calendar year is not more than 100 pounds. (4) "First Purchaser" means any person who buys Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, from the producer in the first instance, or handler who received the seed in the first instance from the producer for resale or processing. (5) "Producer" means a person or other legal entity producing Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, for market, whether as landowner, landlord, tenant, sharecropper, or otherwise. (6) "Handler" means any producer, processor, or distributor, or other person engaged in the handling or marketing of or dealing in Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass seed, whether as an owner, agent, employee, broker, or otherwise. (7) "Fescue" means Chewings Fescue seed or Creeping Red Fescue seed. (8) “Highland Bentgrass” means Highland Bentgrass seed (Agrostis castellana). Statutory/Other Authority: ORS 576 & SB 946 (2011) Statutes/Other Implemented: ORS 576 & SB 946 (2011) History: CRFC 2-2011, f. & cert. ef. 10-7-11 CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11 CRFC 1-2001, f. & cert. ef. 6-12-01 CFC 3, f. 9-27-57 CFC 1, f. 5-1-56, ef. 4-26-56
604-010-0011 Assessments (1) Any person who is a first purchaser (or who otherwise is required to pay an assessment to the Oregon Fine Fescue Commission) for all purchases made on or after April 1, 2002, shall deduct and withhold an assessment of one percent (1%) of the price per pound of seed purchased from the price paid to the producer thereof for all Fescue seed grown in Oregon. (2) Any person who is a first purchaser (or who otherwise is required to pay an assessment to the Oregon Fine Fescue Commission) shall deduct and withhold an assessment of $1.75 for each 100 pounds on a clean seed basis from the price paid to the producer thereof, on and after July 1, 2010, for Highland Bentgrass seed or any commodity or mixture which contains more than 50 percent of Highland Bentgrass seed. Statutory/Other Authority: ORS 576 & SB 946 (2011) Statutes/Other Implemented: 576.325 - 576.375 & SB 946 (2011) History: CRFC 2-2011, f. & cert. ef. 10-7-11 CRFC 1-2011(Temp), f. & cert. ef. 6-30-11 thru 11-22-11 CRFC 1-2002, f. 3-25-02, cert. ef. 4-1-02 CFC 1-1995, f. & cert. ef. 11-29-95 Reverted to CFC 1-1989, f. 6-15-89, cert. ef. 7-1-89 CFC 1-1991(Temp), f. 7-30-91, cert. ef. 8-1-91 CFC 1-1989, f. 6-15-89, cert. ef. 7-1-89 CFC 1-1988, f. 7-1-88, cert. ef. 8-1-88 CFC 1-1979, f. 6-7-79, ef. 7-1-79 CFC 12, f. 7-6-70, ef. 7-1-70 CFC 11, f. 6-25-65, ef. 7-1-65 CFC 10, f. 6-18-64 CFC 8, f. 4-5-63, ef. 7-1-63 CFC 6, f. & ef. 11-7-62