justicedao/ipfs_state_laws huggingface dataset:
603-074-0014 Adoption of General Permits (1) General permits may be issued by agency order or through rulemaking. A complete copy of each general permit is available for inspection at the Oregon Department of Agriculture, Natural Resources Division, 635 Capitol St. NE, Salem, Oregon. (2) Any person owning or operating a CAFO, or owning the land on which a CAFO is to be constructed, has a duty to obtain, as applicable, coverage under the Oregon CAFO General permit (NPDES number 01 or WPCF number 01) or coverage under an individual NPDES or individual WPCF Permit. (3) Any person owning or operating a CAFO, or owning the land on which a CAFO is to be constructed, must submit a complete application package for a CAFO permit according to the following schedule: (a) All newly proposed CAFOs: Newly proposed CAFOs, must submit a complete application described in OAR 603-074-0012(4) at least 180 days prior to the time that the CAFO intends to commence operation. (b) Existing unpermitted CAFOs that met the previous definition of concentrated animal feeding operations (AFO)s: CAFOs that were defined as concentrated under federal regulations in effect prior to April 14, 2003, or those existing CAFOs required to be permitted under ORS 468B.050 or ORS 468B.215 must submit a complete application described in OAR 603-074-0012(4) immediately. (c) AFOs designated by the director: AFOs designated by the director as a concentrated AFO must submit a complete application described in OAR 603-074-0012(4) no later than 90 days after receiving notice of designation. (4) The Department may not issue a general NPDES or WPCF permit to a new large CAFO that: (a) Is located in a GWMA; and (b) Applies manure, litter, or process wastewater to land within the GWMA. Statutory/Other Authority: 468B.035, ORS 468B.050, 468B.217, 561.190 & 561.191 Statutes/Other Implemented: ORS 468B.050, 561.191 & ORS 468B.200-468B.230 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03
603-074-0016 Complaint Evaluation (1) "Complaint" means information provided by a complainant concerning possible violations of ORS Chapter 468 or 468B or any rule, order, or permit adopted thereunder and relating to the control and prevention of water pollution from a CAFO. (2) If the Department finds, upon investigation of the complaint, that the complaint was groundless and made for the purposes of harassing the person against whom the complaint was filed, the Department may refuse to consider future complaints made by the complainant. Such a determination may include an evaluation of: (a) Relationship between the person against whom the complaint was filed and complainant; (b) Number and validity of previous complaints filed by complainant against the same person; and (c) Frequency of complaints filed by complainant against the person. Statutory/Other Authority: ORS 561.190 & 561.191 Statutes/Other Implemented: ORS 468B.225 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 28-2001, f. & cert. ef. 12-31-01
603-074-0019 Water Supply Plan (1) A WSP shall identify all sources of the water that will be used to supply the level and duration of the water needs of the CAFO, including any ancillary operations of the CAFO, as described in the application, including but not limited to: irrigation; livestock watering, cooling, or cleaning; facility washing, cleaning, or flushing; milk and food processing; and dust control. (2) A WSP for a CAFO that uses stockwater as described in ORS 537.545(1)(a) must use animal water consumption guidelines provided by the Department in section (5) of this rule, to estimate the gallons per day that the CAFO will use. (3) After receiving a WSP described in section (1) of this rule , the Department shall request that OWRD review the WSP to determine whether the water uses identified in the WSP are legally authorized and allowable. (4) The Department may condition a permit under ORS 468B.050 on the recommendation of OWRD on one or more of the following: (a) Requiring a CAFO that uses stockwater, as described in ORS 537.545(1)(a), or a person renewing a permit under ORS 468B.050 for a CAFO to: (A) Install water metering and submetering devices concerning a new or expanding production area; and (B) Maintain quarterly water use data that OWRD may inspect annually, upon request by OWRD. (b) Prohibiting an expanding CAFO within a critical ground water area designated by order or pursuant to ORS 537.730 from increasing the CAFO’s use of water per day under the exemption described in ORS 537.545(1)(a) by more than the limit described in ORS 537.545(1)(a). (5)(a)Animal Water Consumption Guidelines - These are general animal water consumption guideline numbers used for the purposes of determining stockwater consumption needs, but the agency acknowledges the priority to protect animal welfare. (b)Type of animal and drinking water consumption (gallons per day) (A) BEEF (i) Bull, 20.6 (ii) Lactating, 20 (iii) Gestating, 17.5 (iv) Calf, 10 (v) Feeder cattle, 24 (B) Dairy (i) Bull, 20 (ii) Milking cow, 54 (iii) Dry cow, 15 (iv) Heifer, 10 (v) Calf, 10 (C) Swine (i) Boar, 6 (ii) Sow, 6 (iii) Weaner, 2 (iv) Feeder, 3 (D) Chicken (i) Broiler, 203.4/1000 birds (ii) Layer, 84.5/1000 birds (iii) Breeder, 85/1000 birds (iv) Pullet, 48/1000 birds (E) Turkeys (i) 15-21 week, 300.9/1000 birds (ii) 1-7 week, 118.3/1000 birds (F) Sheep/goats (i) Ram, 2 (ii) Gestating, 2.5 (iii) Lactating, 3.5 (iv) Lamb/kid, 3.5 (G) Equine (i) Horses, 21.7 (ii) Donkeys, 15.6 (iii) Mules, 15.6 (H) Others – Consult with ODA (6) A person that renews a WPCF or NPDES Permit shall attest upon renewal of the permit that the WSP for the CAFO that was previously approved by OWRD under section (3) of this rule is accurate and reflective of the operation. Statutory/Other Authority: ORS 561.190, 561.191, 468B.050 & 468B.216 Statutes/Other Implemented: 468B.050, 468B.216 & ORS 468B.215 History: DOA 19-2024, adopt filed 09/25/2024, effective 09/25/2024
603-074-0020 Permit Fees (1) Each CAFO operating under an NPDES or WPCF Permit is subject to a two-part fee consisting of the new permit application fee and annual fee as described in this rule. (2) A person submitting an application for an NPDES or WPCF CAFO Permit must, at the time of application, submit the amount equal to the new permit application fee. (3) The amount of the new permit application fee shall be as follows: (a) General permitted small CAFO: $100. (b) General permitted medium CAFO: $150. (c) General permitted large Tier I and Tier II CAFOs: $300. (d) Individual permitted Tier I and Tier II CAFOs: $15,000. (e) See table in OAR 603-074-011. (4) The annual fee shall be paid to the Department as follows: (a) For the first year, immediately prior to permit issuance upon receipt of an invoice from the Department, (b) For any person owning or operating a CAFO under an NPDES or WPCF Permit, no later than June 30 th of each calendar year, for as long as the NPDES or WPCF Permit is active. (5) The amount of the annual fee shall be as follows: (a) General permitted small CAFO: $125. (b) General permitted medium CAFO: $250. (c) General permitted large Tier I CAFO: $400. (d) General permitted large Tier II CAFO: $900. (e) Individual permitted Tier I CAFO: $3,500. (f) Individual permitted Tier II CAFO: $10,000. (g) See table in OAR 603-074-0011. (6) Any person proposing to transfer a NPDES Permit or a WPCF Permit to another person, as provided in OAR 340-045-0040, shall submit a transfer fee of $200 at the time a transfer application is submitted to the Department. (7) All fees must be made payable to the Oregon Department of Agriculture. Statutory/Other Authority: ORS 561.190, 561.191, 561.255 & 468B.215 Statutes/Other Implemented: 561.255 & 468B.215 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 27-2019, amend filed 12/23/2019, effective 12/23/2019 DOA 22-2011, f. & cert. ef. 10-18-11 DOA 12-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12 DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03 DOA 28-2001, f. & cert. ef. 12-31-01 Reverted to AD 8-1994, f. & cert. ef. 7-26-94 DOA 15-2001(Temp), f. & cert. ef. 7-2-01 thru 12-28-01 AD 8-1994, f. & cert. ef. 7-26-94 AD 12-1990, f. & cert. ef. 6-4-90
603-074-0030 Multiple Violations; Consolidation of Enforcement Proceedings Notwithstanding that each and every violation is a separate and distinct offense, and in cases of continuing violations, that each day’s continuance is a separate and distinct violation unless otherwise determined by the Department, proceedings for the assessment of multiple civil penalties for multiple violations against the same person may be consolidated into a single proceeding. Statutory/Other Authority: ORS 468B.217, 468B.230, 561.190 & 561.191 Statutes/Other Implemented: 468B.230 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 AD 8-1994, f. & cert. ef. 7-26-94
603-074-0040 Enforcement Actions Enforcement options include the following: (1) A Notice of Noncompliance, which: (a) Informs the person of the violation, including a reference to a particular statute, administrative rules or order involved, the location of the violation when appropriate, and the consequences of the violation or future violations; (b) Directs the person to perform those actions necessary to comply with the particular statute, administrative rules or orders involved; (c) Specifies a reasonable period of time by which compliance is to be achieved not to exceed 30 business days after the person receives the notice, or if the violation requires more than 30 days to correct, a period of time contained in a plan of correction acceptable to the Department; (d) Is issued by the director or the director's designee; (e) Is in writing and must be served personally or by registered or certified mail; (2) A Plan of Correction, which: (a) Includes a statement of the actions that must be taken by the person to eliminate the violation and shall include a schedule stating the time by which each of the actions is required to be accomplished to achieve compliance; (b) May include requirements for the person to report the completion of specific actions; (c) Is in writing and must be sent to the person by registered or certified mail or served personally; (d) In all cases must be mailed or delivered to the legal owner of the property. (3) The Department shall make a reasonable attempt to consult with the person in the development of a plan of correction. (4) Failure to perform any of the requirements of a plan of correction may be considered by the Department to be a failure to correct the violation within the period of time set for correction by the Department. (5) A Notice of Civil Penalty Assessment, which is described in OAR 603-074-0070. Statutory/Other Authority: ORS 468B.217, 468B.230, 561.190 & 561.191 Statutes/Other Implemented: 468B.230 History: DOA 19-2024, amend filed 09/25/2024, effective 09/25/2024 DOA 30-2003, f. 9-11-03, cert. ef. 10-1-03 AD 8-1994, f. & cert. ef. 7-26-94
603-075-0005 Purpose These rules implement the agricultural mediation programs provided in ORS 36.252 – 268 (agricultural mediation services) and ORS 36.280 – 283 (mediation of disputes related to farming practices) and describe the process for the mediation programs offered by the Department, including but not limited to: eligibility for programs, application process, selection of mediation service providers for the programs, fees, methods of advertising the availability of mediation services and data collection. Statutory/Other Authority: ORS 561 & ORS 36.280-283 Statutes/Other Implemented: ORS 36.210 & ORS 36.252-268 History: DOA 22-2019, amend filed 11/26/2019, effective 11/26/2019 DOA 1-2017, f. & cert. ef. 1-17-17 AD 14-1990, f. & cert. ef. 7-3-90
603-075-0010 Definitions As used in these regulations, unless the context requires otherwise: (1) “Agricultural Producer” means a person engaged in the production of livestock, poultry, field crops, fruit, dairy, furbearing animals, Christmas trees, vermiculture products, food fish or other animal and vegetable matter or any other person, as determined by the Department, who is engaged in agricultural production. (2) “Coordinator” means the Director of Agriculture or a designee of the Department of Agriculture. (3) “Department” means the Oregon Department of Agriculture. (4) “Farm” means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock. (5) “Farm Laborer” means a person or persons that work for an agricultural producer for pay or as an unpaid intern. (6) “Farming Practice” means a mode of operation on a farm that: is or may be used on a farm of a similar nature; is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money; is or may become a generally accepted, reasonable and prudent method in conjunction with farm use; complies with applicable laws; and is done in a reasonable and prudent manner. (7) “Mediation” means a process in which a mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or representative of a party until such time as a resolution is agreed to by the parties or the mediation process is terminated. (8) “Mediation program” means a program through which mediation is made available and includes as provided in ORS 36.252 – 268 or ORS 36.280 – 283. (9) “Mediation Service Provider” means a person or company selected by the coordinator to provide mediation under ORS 36.250 to 36.280. (10) “Mediator” means a third party who performs mediation services. The term “mediator” includes agents and employees of the mediator or mediation program. (11) “Party” means an individual, entity or group taking part in mediation as a disputant. (12) “Person” means the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate, or any other legal entity. (13) “Representative” means a person or persons that represents an individual, entity or organized group, including but not limited to an attorney. (14) “USDA Certified Agricultural Mediation Program” is the official United States Department of Agriculture certified agricultural mediation program for Oregon. Statutory/Other Authority: ORS 561 & ORS 36.280-283 Statutes/Other Implemented: ORS 36.252 - 36.268 History: DOA 22-2019, amend filed 11/26/2019, effective 11/26/2019 DOA 1-2017, f. & cert. ef. 1-17-17
603-075-0016 Eligibility for Mediation Programs The program coordinator will determine the eligibility of an applicant for the mediation programs consistent with ORS 36.256 (agricultural mediation services) or ORS 36.280 (disputes related to interference with farming practices), after review of an application for mediation services to determine whether mediation is appropriate as provided by the requirements for each program. Statutory/Other Authority: ORS 36.280 & ORS 36.256 History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0020 Process for Selection of Mediation Service (1) The coordinator shall select such mediation service provider(s) for the mediation programs based upon the following criteria: (a) The number of formally mediated cases and hours of formal mediation completed; (b) The number of continuing education credits obtained during the last two calendar years; (c) Demonstrated ability to provide mediation services in the geographical area, which the mediation service proposes to provide its services; (d) Expertise of the mediator in the subject area giving rise to the dispute; (e) Availability of the mediator to timely mediate a dispute; (f) Skills important to successful mediation; (g) Knowledge of current agricultural, legal, and financial issues; and (h) Other, as determined by the coordinator. (2) The coordinator may revoke or withdraw the selection of a mediation service if it is later determined that the above criteria have not been or are not being adequately met. (3) Coordinator shall review the list of contracted mediators at the beginning of every biennium to determine if additional mediators need to be procured for the roster. Statutory/Other Authority: ORS 36.280 & 36.252 History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0025 Method of Advertising Mediation Services (1) The coordinator shall prepare and publish informational material describing the mediation programs, including but not limited to description of the mediation services, costs to participants, hourly fees charged by mediator or mediator service, background information on mediators, manner of application and other information. (2) Information material shall be posted on the Department’s website and distributed to agricultural organizations and any other entity who make a request for such materials. (3) The coordinator may use other appropriate means of advertising of the mediation program, including but not limited to, print and electronic media, posters and other means of public information. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 36.210 History: DOA 22-2019, amend filed 11/26/2019, effective 11/26/2019 DOA 1-2017, f. & cert. ef. 1-17-17 AD 14-1990, f. & cert. ef. 7-3-90
603-075-0030 Application for Mediation (1) A person involved in a dispute may request mediation services by submitting a request to the Department on a form provided by the Department. (2) The Department shall, within ten business days of the receipt of a request for mediation services, give written notice of receipt of the request to the parties or representative of the parties, to the dispute. (3) Process for assigning a mediator is as described in 603-075-0045 and 603-075-0050. Statutory/Other Authority: ORS 36.280 Statutes/Other Implemented: ORS 36.252 & 36.256 History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0035 Confidentiality of Mediation and Materials used in Mediation (1) All mediations conducted are subject to the confidentiality requirements set forth in ORS 36.262 or ORS 36.283. In addition, except as provided in subsection (3), all memoranda, work products, and other materials contained in the case files of a mediator, a mediation service provider, or the Department, that are created for, or used in a mediation are confidential and not subject to disclosure consistent with ORS 192.345(16). (2) Breach of confidentiality by a mediator or mediation service provider shall be cause for revocation of a mediator’s approval or cancellation of a mediation services’ contract; and may be subject to civil penalties. (3) A mediation agreement reached between the parties is not confidential unless the parties otherwise agree in writing. Statutory/Other Authority: ORS 36.262 Statutes/Other Implemented: 36.283 & ORS 192.345 (16) History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0040 Reporting Procedures (1) The coordinator will prepare for the Director of Agriculture an annual evaluation report. (2) The coordinator will prepare the evaluation report to reflect the mediation activities for the fiscal year. (3) The coordinator shall keep documents according to the retention schedule and in accordance with the exemptions from public records disclosure under ORS 192.345(16). Statutory/Other Authority: ORS 192.345 (16) Statutes/Other Implemented: ORS 561 History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0045 FARMING PRACTICES MEDIATION (1) This program is intended for farmer to farmer disputes wherein a person engaged in a farming practice has a reasonable belief that the planting, growing, or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the person responsible for the planting, growing, or harvesting disputes that it might interfere with or is interfering with the farming practice. (a) If the Department facilitates mediation services for a Farming Practices Mediation; including the collection of fees for the payment of the mediator, such fees may not exceed $2,500; however, the parties and mediator may agree to continue the mediation upon making separate arrangements for the payment of further fees. (b) At the option of the department, fees may be established at an amount reasonably necessary to cover the cost of administration of the mediation program. (c) The party requesting the mediation is responsible for paying the costs and fees unless both parties agree to divide the costs and fees. (d) Unless the parties agree to a shorter time, the mediator shall conduct at least four hours of mediation proceedings to attempt to reach resolution of the dispute. (e) If the initiating party requests and is referred to the USDA mediation program and the other party chooses to have the mediation conducted through the use of the department’s mediation program, the party choosing the ODA program will pay all costs and fees. Per ORS 36.280(2) (2) The coordinator will review mediation service requests to determine eligibility for the program. If a dispute is eligible for the farming practices mediation, the coordinator shall notify the parties or representatives of the parties, that the request is accepted by the Department and forward the written requests for mediation services to the mediation service provider requested; or if appropriate, refer the parties to the United States Department of Agriculture for the purpose of participating in a certified state agricultural mediation program. Statutory/Other Authority: ORS 36.280 Statutes/Other Implemented: 36.252 History: DOA 22-2019, adopt filed 11/26/2019, effective 11/26/2019
603-075-0050 AGRICULTURE MEDIATION (1) This program is intended for disputes directly related to activities of the Department and agricultural issues under the jurisdiction of the Department; that do not fall under the Farming Practices Mediation program. (a) The Department may charge reasonable fees necessary to cover the cost of mediation services. Such fees shall be calculated by determining the costs, including administrative overhead, for providing mediation service. (b) At the option of the Department, fees may be established at an amount reasonably necessary to cover the cost of administration of the mediation program. (c) The fees to be charged per party shall be reviewed at the beginning of each biennium by the coordinator to determine the appropriateness of such fees and whether the fees should be increased or decreased based upon the overall financial status of the program. (d) Individuals may apply for a fee waiver. (2) The coordinator will review mediation service requests to determine eligibility for the program. If the dispute is eligible for the agriculture mediation program, the coordinator shall notify the parties or the representatives of the parties, that the request for mediation is accepted by the Department and forward the written request for mediation services to the mediator service provider chosen by the coordinator; unless a party requests a specific service provider. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: 36.252, 36.256, 36.268 & ORS 36.210 History: DOA 22-2019, amend filed 11/26/2019, effective 11/26/2019 DOA 1-2017, f. & cert. ef. 1-17-17 AD 14-1990, f. & cert. ef. 7-3-90