justicedao/ipfs_state_laws huggingface dataset:
603-095-0120 Geographic and Programmatic Scope (1) The Tualatin River Watershed Agricultural Water Quality Management Area includes the drainage area of the Tualatin River upstream from the confluence with the Willamette River near West Linn. The physical boundaries of the Tualatin River Watershed are mapped in Appendix A of these rules. (2) Operational boundaries for the land base under the purview of these rules include all lands within the Tualatin River Watershed Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands lying idle or on which management has been deferred, and forested lands with agricultural activities, except for public lands managed by federal agencies, Tribal Trust lands, and activities subject to the Oregon Forest Practices Act (ORS Chapter 527). (3) Current productive agricultural use or profitability is not required for the provisions of these rules to apply. (4) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply and that any services or fees are not duplicated. [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 4-2015, f. & cert. ef. 1-29-15 AD 3-1996, f. & cert. ef. 4-9-96
603-095-0180 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, notification by another agency, or other means, the department may conduct an investigation. The department may coordinate inspection activities with the appropriate Local Management Agency (as defined in ORS 568.906). (2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 through 568.933, or any rules adopted thereunder, to determine whether an investigation is warranted. (3) Any person alleging any violation of ORS 568.900 through 568.933, or any rules adopted thereunder, may file a complaint with the department. (4) The department will evaluate and may investigate a complaint filed by a person under section OAR 603-095-0180(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 603-095-0180(4) “person” does not include any local, state, or federal agency. (6) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120. Appendix A: Map. [Appendix not included. See ED. NOTE.] [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 - 561.191 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 4-2015, f. & cert. ef. 1-29-15 AD 3-1996, f. & cert. ef. 4-9-96
603-095-0300 Purpose - Umatilla (1) These rules have been developed to implement a water quality management area plan for the Umatilla 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 Umatilla Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Umatilla Agricultural Water Quality Management Area for the prevention and control of 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 Umatilla 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 17-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 22-2006, f. & cert. ef. 12-21-06 DOA 22-1999, f. & cert. ef. 10-6-99
603-095-0320 Geographic and Programmatic Scope (1) The Umatilla Agricultural Water Quality Management Area includes all land that drains into the Umatilla River and all land in Oregon that drains directly to the Columbia River between the Umatilla River and the Walla Walla River. The physical boundaries of the Umatilla 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 Umatilla Agricultural Water Quality Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies (e.g., U.S. Forest Service, U.S. Fish and Wildlife Service), lands which make up the Reservation of the Confederated Tribes of the Umatilla, and activities which are subject to the Forest Practices Act. (3) The provisions of these rules apply to all agricultural and rural land whether or not in current productive agricultural use. (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 Umatilla 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 will 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: Appendix 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 22-2006, f. & cert. ef. 12-21-06 DOA 22-1999, f. & cert. ef. 10-6-99
603-095-0380 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 will 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 603-095-0380(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 603-095-0380(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0380, 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 through 568.933 or any rules adopted thereunder has occurred, that 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 22-2006, f. & cert. ef. 12-21-06 DOA 22-1999, f. & cert. ef. 10-6-99
603-095-0400 Purpose – Upper Grande Ronde River Subbasin (1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Upper Grande Ronde River subbasin pursuant to authorities vested in the department through ORS 568.900–568.933, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Upper Grande Ronde River Subbasin Agricultural Water Quality Management Area Plan. (2) The purpose of these rules is to outline requirements for landowners in the Upper Grande Ronde River subbasin, for the prevention and control of 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 Grande Ronde River subbasin. Statutory/Other Authority: ORS 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 19-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 23-1999, f. & cert. ef. 10-6-99
603-095-0420 Geographic and Programmatic Scope (1) The Upper Grande Ronde River subbasin includes the drainage area of the Grande Ronde River from the headwaters to its confluence with the Wallowa River. The physical boundaries of the Upper Grande Ronde River subbasin 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 Upper Grande Ronde River subbasin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of activities which are subject to the Forest Practices Act and to the lands of USDA Forest Service and USDI Bureau of Land Management. (3) Current productive agricultural use or profitability is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are 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 Upper Grande Ronde River subbasin. Statutory/Other Authority: ORS 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 23-1999, f. & cert. ef. 10-6-99
603-095-0440 Required Prevention and Control Measures All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A land occupier shall be responsible for only those prohibited conditions caused by activities conducted on land managed by the landowner or occupier. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances, which could not have been reasonably anticipated. Limited duration activities may be exempted from these conditions subject to prior approval by the department. (1) No agricultural land management or soil disturbing activity shall cause streambanks to breakdown, erode, tension-crack, shear or slump beyond the level that would be anticipated from natural disturbances given existing hydrologic characteristics. (2) Nutrient application rates and timing shall not exceed specific crop requirements. Crop requirements will be based on recommendations from the best available data applicable to a specific site. (3) Construction and maintenance of surface drainage field ditches shall not result in sediment delivery to waters of the state from soil erosion caused by excessive channel slope, unstable channel cross-section or placement of disposed soils. (4) Agricultural activities shall allow the development of riparian vegetation to control water pollution by providing control of erosion, filtering of sediments and nutrients, moderation of solar heating, and infiltration of water into the soil profile. Evaluation of riparian vegetation development will consider site-specific capabilities and anticipated levels of natural disturbance. Where cropping or resource protection activities have occurred, an adequate vegetative buffer or equally effective pollution control practice must be in place. (5) Waste discharges: Effective upon adoption of these rules: (a) No person conducting agricultural land management or earth disturbing practices shall cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means (b) No person conducting agricultural land management or earth disturbing practices shall discharge any wastes into any waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule by the Environmental Quality Commission. (c) No person conducting agricultural land management or earth disturbing practices shall violate the conditions of any waste discharge permit issued pursuant to ORS 468B or ORS 568. Statutory/Other Authority: ORS 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 20-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 20-2025, amend filed 09/23/2025, effective 09/23/2025 DOA 23-1999, f. & cert. ef. 10-6-99
603-095-0460 Complaints and Investigations (1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, 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 apparent 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 not evaluate or investigate a complaint filed by a person under section (3) unless the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The property and/or 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 (4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0460, 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) Actions based on investigation findings: If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner shall be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120. Statutory/Other Authority: ORS 568.912 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 23-1999, f. & cert. ef. 10-6-99
603-095-0500 Purpose – Yamhill River Subbasin (1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Yamhill River Subbasin pursuant to authorities vested in the Department through ORS 568.900–568.933. The area plan is known as the Yamhill River Subbasin Agricultural Water Quality Management Area Plan and is described in a guidance document that accompanies these rules. (2) Failure to comply with any provisions of the Yamhill River Subbasin 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 603-095-0560; (b) Is not intended by the Department to be evidence of a violation of any federal, state, or local law by any person. (3) Nothing in the Yamhill River Subbasin 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 603-095-0500 to 603-095-0560. (4) The purpose of these rules is to outline requirements for landowners in the Yamhill River Subbasin for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 095 rules is expected to aid in the achievement of applicable water quality standards in the Yamhill River Subbasin. Statutory/Other Authority: ORS 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 21-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 20-2000, f. & cert. ef. 7-12-00
603-095-0520 Geographic and Programmatic Scope (1) The Yamhill River Subbasin includes the drainage area of the Yamhill River upstream from the confluence with the Willamette River near Dayton. The Chehalem Creek drainage basin and a few other small creeks in Yamhill County which directly feed the Willamette River are also included. The physical boundaries of the Yamhill River Subbasin 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 Yamhill River Subbasin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of lands which make up the Reservation of the Confederated Tribes of Grand Ronde and activities which are subject to the Forest Practices Act. (3) Current 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 Yamhill River Subbasin. (5) For lands in agricultural use within other Designated Management Agency 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 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 20-2000, f. & cert. ef. 7-12-00
603-095-0560 Complaints and Investigations (1) When the Department receives notice of an alleged occurrence of agricultural 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 alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 adopted 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 thereunder may file a complaint with the Department. (4) The Department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0560(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The property and/or 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 603-095-0560(4), "person" does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-0560, 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) 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 occupier 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 shall acknowledge the existence of the 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 shall 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 occupier is not making a reasonable effort to comply with the plan; or (C) The Department determines that a landowner or occupier has not revised a plan per paragraph (a)(B) of this section within the time specified by the Department. Statutory/Other Authority: ORS 568.915, 568.918 & 568.933 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 36-2003, f. & cert. ef. 9-24-03 DOA 20-2000, f. & cert. ef. 7-12-00
603-095-0600 Purpose – Lower Deschutes (1) These rules have been developed to implement a water quality management area plan for the Lower Deschutes Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900–568.933 and 561.190–561.191, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Lower Deschutes Agricultural Water Quality Management Area Plan. After adoption of the TMDLs, these rules will be reviewed and modified as needed to provide reasonable assurance that the load allocations for agriculture will be met. (2) The purpose of these rules is to outline requirements for landowners in the Lower Deschutes 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 Lower Deschutes Agricultural Water Quality Management Area. Statutory/Other Authority: ORS 561.190 - 561.191 & 568.909 Statutes/Other Implemented: ORS 568.900 - 568.933 History: DOA 23-2026, minor correction filed 02/25/2026, effective 02/25/2026 DOA 4-2003, f. & cert. ef. 1-7-03 DOA 16-2000, f. & cert. ef. 6-12-00