justicedao/ipfs_state_laws huggingface dataset:
603-095-1980 Complaints and Investigations (1) When the Department receives notice of an apparent occurrence of agricultural water pollution through a written complaint, its own observation, or through notification by another agency, the Department may conduct an investigation. The Department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an apparent occurrence of agricultural water pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural water pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the Department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1980(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (c) As used in section OAR 603-095-1980(4), “person” does not include any local, state or federal agency. (5) Notwithstanding OAR 603-095-1980, the Department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (6) Actions based on investigation findings: (a) If the Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan exists and the landowner or operator is making a reasonable effort to comply with the plan: (A) The Department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and (B) The Department may acknowledge the existence of the Approved Voluntary Plan and direct the landowner to seek appropriate technical assistance and revise the plan and its implementation in a manner necessary to eliminate the violation. (b) The landowner may be subject to the enforcement procedures of the Department outlined in OARs 603-090-0060 through 603-090-0120 if: (A) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan does not exist; or (B) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan exists and the landowner or operator is not making a reasonable effort to comply with the plan; or (C) The Department determines that a landowner or operator has not revised a plan per paragraph (a)(B) of this section within the time specified by the Department. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 3-2002, f. & cert. ef. 1-18-02
603-095-2000 Purpose - Upper Mainstem and South Fork John Day River (1) These rules have been developed to implement a water quality management area plan for the Upper Mainstem and South Fork John Day River Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191. The area plan is known as the Upper Mainstem and South Fork John Day Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Upper Mainstem and South Fork John Day River Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Upper Mainstem and South Fork John Day River Water Quality Management Area. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 51-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 5-2003, f. & cert. ef. 1-7-03
603-095-2020 Geographic and Programmatic Scope (1) The Upper Mainstem and South Fork John Day River Management Area include the area that drains into the John Day River upstream of Picture Gorge. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. (3) Current productive agricultural use is not required for the provisions of these rules to apply. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in the Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided does not occur. [ED. NOTE: Attachments referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 5-2003, f. & cert. ef. 1-7-03
603-095-2040 Required Prevention and Control Measures (1) Limitations. All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-2040(2)–(6) (Prevention and Control Measures). (a) A landowner or operator shall be responsible for water quality caused only by conditions on land managed by the landowner or operator. (b) Criteria do not apply to conditions resulting from unusual weather events or other circumstances not within the reasonable control of the landowner or operator. Reasonable control of the landowner means that technically sound and economically feasible measures must be available to address conditions described in Prevention and Control Measures. (2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provisions of ORS 468B.025 or 468B.050. (3) Livestock Management: By January 1, 2006, livestock areas shall be managed to control direct discharge of pollutants. (4) Uplands Management: By January 1, 2006, within the vegetative growth capability of the site, private land and access route management must foster sufficient vegetation to protect water quality by providing infiltration, filtering of sediment and animal wastes, and stabilization of soil. (5) Streamside Management: By January 1, 2006, management of streamside areas must allow the establishment, growth and active recruitment of vegetation, consistent with the vegetative growth capability of the site, for protection of water quality by filtering sediment, stabilizing streambanks, and providing shade. (6) Irrigation Management: By January 1, 2006, irrigation must be done in a manner that limits the amount of pollutants entering waters of the state. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 52-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 5-2003, f. & cert. ef. 1-7-03
603-095-2060 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-2060(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-2060(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-2060(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 569.900 to 568.933 or any rules adopted therefore has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 5-2003, f. & cert. ef. 1-7-03
603-095-2100 Purpose – Southern Willamette Valley (1) These rules have been developed to implement a water quality management area plan for the Southern Willamette Valley Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191. The area plan is known as the Southern Willamette Valley Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Southern Willamette Valley Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Southern Willamette Valley Agricultural Water Quality Management Area. (3) Failure to comply with any provisions of the Southern Willamette Valley Agricultural Water Quality Management Area Plan: (a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of 603-095-0010 to 603-095-2160; (b) Is not intended by the Department to be evidence of a violation of any federal, state, or local law by any person. (4) Nothing in the Southern Willamette Valley Agricultural Water Quality Management Area Plan shall be: (a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC § 1251–1376; (b) Used to interpret any requirement of OAR 603-095-2100 to 603-095-2160. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 53-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 18-2002, f. & cert. ef. 6-14-02
603-095-2120 Geographic and Programmatic Scope (1) The Southern Willamette Valley Agricultural Water Quality Management Area includes the drainage area of the McKenzie River, Middle Fork of the Willamette River, Coast Fork of the Willamette River, and Willamette River mainstem upstream from the confluence with the McKenzie River near Eugene. The physical boundaries of the Southern Willamette Valley Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Southern Willamette Valley Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forest lands with agricultural activities, with the exception of public lands managed by federal agencies. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Southern Willamette Valley Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 18-2002, f. & cert. ef. 6-14-02
603-095-2140 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by activities conducted on land controlled by the landowner. A landowner is not responsible for violations of the characteristics to achieve resulting from actions by another landowner. Conditions resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior written approval by the department. (2) Waste: Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Riparian areas: By January 1, 2004, agricultural management shall allow establishment and maintenance of vegetation along perennial streams consistent with the capability of the site to provide riparian functions necessary to help moderate solar heating and for streambanks to withstand flows resulting from a 25-year, 24-hour storm event. (4) Erosion and Nutrients: (a) By January 1, 2004, soil erosion from agricultural activities shall not exceed the tolerable soil loss T. (b) By January 1, 2004, landowners or operators shall prevent pollution from irrigation surface water return flow to waters of the state. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 54-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 18-2002, f. & cert. ef. 6-14-02
603-095-2160 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate investigation activities with the appropriate Local Management Agency. (2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-2160(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-2160(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-2160, the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 18-2002, f. & cert. ef. 6-14-02
603-095-2200 Purpose – Mid Coast (1) These rules have been developed to implement a water quality management area plan for the Mid Coast Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191. The area plan is known as the Mid Coast Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Mid Coast Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Mid Coast Agricultural Water Quality Management Area. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 55-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 22-2002, f. & cert. ef. 9-30-02
603-095-2220 Geographic and Programmatic Scope (1) The Mid Coast Agricultural Water Quality Management Area includes the drainage area of the Salmon, Siletz, Yaquina, Alsea, Yachats, Siuslaw, Siltcoos Rivers, and Tahkenitch Lake, as well as other small streams between these watersheds that drain directly to the Pacific Ocean. The physical boundaries of the Mid Coast Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Mid Coast Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forest lands with agricultural activities, with the exception of public lands managed by federal agencies. (3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules. (4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Mid Coast Agricultural Water Quality Management Area. (5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 22-2002, f. & cert. ef. 9-30-02
603-095-2240 Required Prevention and Control Measures (1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by activities conducted on land controlled by the landowner. A landowner is not responsible for violations of Prevention and Control Measures resulting from actions by another landowner. Conditions resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior approval by the department. (2) Near-Stream Management Areas. Effective January 1, 2005: (a) Agricultural activities must allow for the establishment and development of riparian vegetation consistent with site capability. Vegetation must be sufficient to provide the following riparian functions: shade, streambank integrity during stream flows following a 25-year storm event, and filtration of nutrients and sediment. (b) Exemptions: (A) Levees and dikes are exempt from OAR 603-095-2240(2)(a) except for areas on the river-side of these structures that are not part of the structures and which can be vegetated without violating U.S. Army Corps of Engineers vegetation standards. (B) Drainage areas where the only connection to other water bodies is through pumps shall be exempt from OAR 603-095-2240(2)(a). (C) Access to natural waterways for stream crossings and livestock watering are allowed provided OAR 603-095-2240(2)(a) is met. (D) Legally constructed drainage and irrigation ditches as defined in Division of State Lands Rules and ditches subject to Division of State Lands fill-removal laws are exempt from OAR 603-095-2240(2). (3) Effective on rule adoption, landowners or operators shall prevent nutrient applications that cause pollution to waters of the state. (4) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (5) Erosion and Sediment Control: (a) Effective January 1, 2004, agricultural activities will not cause the following visual indicators of erosion where erosion may cause sediment runoff into waters of the state: (A) Sheet erosion, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely vegetated ground; (B) Visible active gullies; (C) Multiple rills, which have the form of gullies, but are smaller in cross-sectional area than one square foot. (b) This prevention and control measure applies to farm roads and staging areas, pastures, cropland, and other areas where agricultural activities occur. (6) By January 1, 2003, landowners must prevent pollution from irrigation return flow to waters of the state. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 56-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 22-2002, f. & cert. ef. 9-30-02