reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0060 - Action by the Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director may issue a proposed order approving, approving with conditions or
			 denying a plat application. The director may grant or deny an application no
			 later than the 90th day from after the date of publication of the notice
			 referred to in OAR 603-082-0030(2). The 90 day time period may be extended for
			 a reasonable period of time at the request of the applicant and approval of the
			 department.
(2) The proposed order
			 shall include or be accompanied by the following:
(a) A caption with the name of the
			 department, the name of the claimant and a case number if used;
(b) A statement describing the purpose and
			 effect of the proposed order, and the factual and legal basis for it, including
			 citation to the statutes and rules relied upon;
(c) A statement of the claimant's right to
			 challenge the proposed order by requesting a hearing, and that the request must
			 meet the following requirements:
(A) A
			 request for hearing must identify the matter appealed by the claimant's name,
			 the date of the proposed order and the department's case number, if
			 any;
(B) A request for a hearing
			 must explain how the claimant considers the proposed order to be legally or
			 factually incorrect.
(C) To be
			 timely, a request for a hearing must be received by the department by the close
			 of business on the 30th day after the date of the proposed order.
(d) A statement of additional
			 rights and risks of the claimant, including at least the following:
(A) A statement informing the claimant that
			 if a request for hearing is not received by the department by the established
			 date, the claimant will have waived the right to a hearing and the proposed
			 order will be final.
(B) A hearing
			 in response to a request will be limited to the issues raised in the
			 request;
(C) The claimant has the
			 right to be represented by an attorney, but if the claimant is an agency, a
			 corporation or an unincorporated association, the claimant must be represented
			 by an attorney.
(e) How
			 to get more information and the department staff member and address or
			 facsimile number to which a request for hearing must be sent.
(f) A hearing shall be conducted pursuant to
			 ORS 183.415 et seq.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0070 - Transfer of Plats

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sales,
			 leases, assignments, conveyances, relinquishments and other transfers of oyster
			 plantations and claims, or parts thereof, or of plats for the cultivation of
			 oysters, clams or mussels may be made by reference to the plat filed as
			 provided in ORS 622.210 to
			 622.300 and
			 622.320. The heirs, successors,
			 assignees and lessees of those plats are entitled to continued possession of
			 such plats by compliance with ORS
			 622.210 to
			 622.300 and
			 622.320.
(2) A person proposing to sell, lease,
			 assign, convey, relinquish or otherwise transfer an oyster plantation claim or
			 a plat for the cultivation of oysters, clams or mussels shall provide the
			 department notice of such transaction within 30 days of the effective date of
			 the transaction.
(3) The filing of
			 such a notice, if other than a relinquishment, shall be accompanied by a claim
			 or plat certificate reissuance fee established in ORS
			 622.340(3) for
			 each affected claim or plat.
(4)
			 The failure to provide the notice required by subsection (2) of this section
			 shall result in the department holding the lessor of record of the claim or
			 plat responsible for compliance with the provisions of ORS
			 622.210 to
			 622.360 and all provisions of
			 the lease grant certificate.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  622.340
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0080 - Annual Fees and Taxes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Persons using state lands for cultivating oysters, clams or mussels shall pay
			 annual cultivation fees and use taxes quarterly to the department. Fees and
			 taxes become delinquent 30 days after the end of the quarter. Use taxes shall
			 be in the amount established by ORS
			 622.290(1).
(2) Annual cultivation fees and use taxes
			 shall be assessed in lieu of property taxes, lease fees or rental charges for
			 the use of lands upon which oysters, clams or mussels are grown and
			 harvested.
Stat. Auth.: ORS
				  561.190
Stats. Implemented: ORS
				  622.290
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0090 - Withdrawal of Unproductive and Abandoned Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules of procedure in OAR
			 603-082-0090 are in addition to the procedural requirements of the Attorney
			 General's Model Rules of Procedure, codified at OAR 137-003-0501 to
			 137-003-0692. In the case of conflict, this division controls over the Model
			 Rules, unless the Model Rules establish a mandatory requirement.
(2) The director may issue a proposed order
			 withdrawing any portion of a plat from a claimant if the director finds the
			 portion of the plat is unproductive or abandoned as described in ORS
			 622.280 and OAR 603-082-0090(3).
			 The proposed order shall include or be accompanied by the following:
(a) A caption with the name of the
			 department, the name of the claimant and a case number if used;
(b) A short and plain statement describing
			 the purpose and effect of the proposed order, and the factual and legal basis
			 for it, including citation to the statutes and rules relied upon;
(c) A statement of the claimant's right to
			 challenge the proposed order by requesting a hearing, and that the request must
			 meet the following requirements:
(A) A
			 request for hearing must identify the matter appealed by the claimant's name,
			 the date of the proposed order and the department's case number, if
			 any;
(B) A request for a hearing
			 must explain how the claimant considers the proposed order to be legally or
			 factually incorrect.
(C) To be
			 timely, a request for a hearing must be received by the department by the close
			 of business on the 30th day after the date of the proposed order.
(d) A statement of additional
			 rights and risks of the claimant, including at least the following:
(A) A statement informing the claimant that
			 if a request for hearing is not received by the department by the established
			 date, the claimant will have waived the right to a hearing and the proposed
			 order will be final.
(B) A hearing
			 in response to a request will be limited to the issues raised in the
			 request;
(C) The claimant has the
			 right to be represented by an attorney, but if the claimant is an agency, a
			 corporation or an unincorporated association, the claimant must be represented
			 by an attorney.
(e) How
			 to get more information and the department staff member and address or
			 facsimile number to which a request for hearing must be sent.
(f) A hearing shall be conducted pursuant to
			 ORS 183.415 et seq.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 82 - OYSTER, CLAM AND MUSSEL LEASES › Section 603-082-0100 - Scheduling, Notice and Conduct of Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall provide notice of
			 the hearing containing at least the following information:
(a) If the claimant or the claimant's
			 representative fails to appear at the time and place specified for the hearing,
			 the department's file or files on the matter automatically become part of the
			 record as prima facie evidence in support of the Order, and the Hearing Officer
			 will decide the case based on that record;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0000 - Preamble

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 568.900 to
			 568.933 authorizes the Oregon
			 Department of Agriculture to develop and carry out an agricultural water
			 quality management area plan for agricultural and rural lands where a water
			 quality management plan is required by state or federal law. In executing this
			 responsibility, the department develops, adopts, and periodically modifies
			 programs to effectuate agricultural water quality management area plans in the
			 applicable geographic areas.
(2)
			 These administrative rules establish policies, guidelines, and specific
			 requirements for the development and content of agricultural water quality
			 management area plans and rules, requirements of agricultural water quality
			 management area plans and rules for applicable geographic areas, the process of
			 landowner appeal of specific required actions, and enforcement procedures to be
			 followed by the department.
(3)
			 Agricultural water quality management area plans are plans that comprehensively
			 outline measures that will be taken to prevent and control water pollution from
			 agricultural activities and soil erosion on agricultural and rural lands
			 located in a management area which requires such a plan and for which
			 boundaries have been established by the department.
(4) Agricultural water quality management
			 area rules are adopted by the department to implement an agricultural water
			 quality management area plan. Area rules are the only enforceable aspect of an
			 agricultural water quality management area plan.
(5) It is the policy of the department that:
(a) Cooperation between private and public
			 entities be encouraged during the development and implementation of water
			 quality management area plans;
(b)
			 To the full extent possible, pollution prevention activities be the focus of
			 water quality management area plans;
(c) Voluntary adoption of land management
			 activities be encouraged through education and demonstration programs to
			 achieve the goals and objectives of water quality management area
			 plans;
(d) Enforceable mechanisms
			 be available to address water pollution problems where voluntary compliance is
			 not achieved;
(e) Enforcement
			 action be pursued only when reasonable attempts at voluntary solutions have
			 failed; and
(f) Measures required
			 of individual landowners under agricultural water quality management area rules
			 provide as much flexibility as reasonably possible.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless other required by the context, as used in this
				Division:
(1) "Agency of this state"
			 has the meaning given in ORS
			 568.210(1).
(2) "Area Plan" or "Agricultural Water
			 Quality Management Area Plan" means a plan for the prevention and control of
			 water pollution from agricultural activities and soil erosion in a management
			 area the boundaries of which have been designated under ORS
			 568.909.
(3) "Area Rules" or "Agricultural Water
			 Quality Management Area Rules" are administrative rules adopted by the state
			 Department of Agriculture, in consultation with the state Board of Agriculture,
			 for the implementation of the Area Plan adopted under ORS
			 568.909.
(4) "Board" means the state Board of
			 Agriculture.
(5) "Department" means
			 the state Department of Agriculture.
(6) "Director" means the director of the
			 state Department of Agriculture.
(7) "Individual Water Quality Management
			 Plan" means a plan for the prevention or control of water pollution for an
			 individual landowner.
(8)
			 "Landowner" includes any landowner, land occupier or operator as defined in ORS
			 568.903.
(9) "Local Management Agency" means any
			 agency of this state, including but not limited to a soil and water
			 conservation district, which has been designated by the department to undertake
			 activities within a management area whose boundaries have been designated under
			 ORS 568.909.
(10) "Local Management Area Advisory
			 Committee" means a committee established by the department under OAR
			 603-090-0020.
(11) "Operator" has
			 the meaning given in ORS
			 568.900(2).
(12) "Pollution" or "water pollution" has the
			 meaning given in ORS 468B.005.
(13) "Water" or "the waters of the state" has
			 the meaning given in ORS
			 468B.005.
Statutory/Other Authority: ORS 561 & ORS
				  568.900 -
				  568.933
Statutes/Other Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0020 - Local Water Quality Management Area Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 shall establish a local water quality management area advisory committee for
			 each water quality management area established under these rules. The local
			 water quality management area advisory committee shall represent a balance of
			 affected persons. The local water quality management area advisory committee
			 must provide an opportunity for a high level of citizen involvement in the
			 development and implementation of the agricultural water quality management
			 area plan and rules. The members of each local water quality management area
			 advisory committee shall be appointed by the director in consultation with the
			 board. The director and board shall consider the recommendations, if any, of
			 the designated local management agency when making advisory committee
			 appointments.
(2) A local water
			 quality management area advisory committee shall consist of not more than
			 twelve members, unless otherwise determined by the director in consultation
			 with the board.
(3) A local water
			 quality management area advisory committee shall be composed primarily of
			 landowners in the affected local agricultural water quality management area.
			 Membership may include, but is not limited to:
(a) State Board of Agriculture
			 representatives;
(b) Persons
			 serving on local soil and water conservation districts;
(c) Private landowners;
(d) Representatives of local, state and
			 federal boards, commissions and agencies;
(e) Members of Indian tribes;
(f) Members of the public;
(g) Persons associated with
			 industry;
(h) Members of academic,
			 scientific and professional communities;
(i) Public and special interest
			 groups.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0030 - Requirements of Agricultural Water Quality Management Area Plan and Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Agricultural
			 water quality management area plans must describe a program to achieve the
			 water quality goals and standards necessary to protect designated beneficial
			 uses related to water quality, as required by state and federal law. An area
			 plan shall include but not be limited to a description of the geographical area
			 and physical setting to which the area plan applies, a listing of water quality
			 issues of concern, a listing of current designated beneficial uses that are
			 being adversely affected, a statement that the goal of the area plan is to
			 prevent and control water pollution from agricultural activities and soil
			 erosion and to achieve applicable water quality standards, a statement of the
			 water quality objectives of the area plan, a description of the pollution
			 prevention and control measures deemed necessary by the department to achieve
			 the goal, a schedule for implementation of the necessary measures that is
			 adequate to meet applicable dates established by law, guidelines for public
			 participation, and a strategy for ensuring that the necessary measures are
			 implemented.
(2) Agricultural water
			 quality management area rules are the only enforceable aspect of an area plan.
			 Area rules must be sufficient to assure that landowners in compliance with the
			 area rules will prevent and control water pollution from agricultural
			 activities and soil erosion. Some level of erosion and runoff can occur on
			 agricultural and rural lands but must be within the limitations established by
			 existing water quality laws.
Stat. Auth.: ORS 561 &
				  568.900 -
				  568.933
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0040 - Specific Action Requirements - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 568.912, a landowner subject to
			 agricultural water quality management area rules may be required to undertake
			 certain specific actions. The required specific actions may but need not be
			 incorporated into an individual water quality management plan. A landowner may
			 appeal a specific action requirement by filing a formal request for alternate
			 measures as provided in OAR 603-090-0050.
(2) Prior to filing a formal request for
			 alternate measures, a landowner may informally consult with the department
			 regarding the specific actions required to comply with the agricultural water
			 quality management area rules. Such consultation, however, shall not extend the
			 time periods required for filing a formal request.
(3) A general requirement for an individual
			 water quality management plan may not be appealed under this
			 provision.
Stat. Auth.: ORS 561 &
				  568.900 -
				  568.933
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0050 - Request for Alternate Measures - Filing, Content, and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for
			 alternate measures shall be made in writing and filed with the director. The
			 request may be filed at anytime.
(2) A request shall include a detailed
			 description of proposed alternate measures and sufficient information to
			 determine whether the request satisfies the requirements of section (3) of this
			 rule.
(3) A request for alternate
			 measures shall be approved if the director, following consultation with other
			 agencies as appropriate, finds that the alternate measures will provide a level
			 of water quality protection equivalent to that which is provided by the
			 specific actions required to comply with the agricultural water quality
			 management area rules.
(4) The
			 director shall determine whether to allow a request for alternate measures
			 within 60 days after the request is received unless the landowner agrees to
			 extend the period or the director makes a determination that a longer period of
			 time is required to obtain sufficient information to evaluate the request. If
			 the request is filed while an enforcement action is pending, this 60 day period
			 shall not begin to run until the enforcement action has been concluded. The
			 enforcement action shall not be considered concluded if an appeal is pending or
			 Civil Penalties remain unpaid.
(5)
			 The director's decision to approve or deny a request for alternate measures
			 shall be in writing and shall be an order in contested case issued in a manner
			 consistent with the provisions of ORS
			 183.415,
			 568.900 to
			 568.933, and OAR chapter
			 137.
Statutory/Other Authority: ORS 561 & ORS
				  568.900 -
				  568.933
Statutes/Other Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0070 - Consolidation of Enforcement Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
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 a landowner may be consolidated into a single
				proceeding.
Stat. Auth.: ORS 561 &
				  568.900 -
				  568.933
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0080 - Enforcement Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Notice of
			 Noncompliance:
(a) Shall inform the landowner
			 of the violation, including a reference to a particular statute, administrative
			 rule(s) or order involved, the location of the violation when appropriate, and
			 the consequences of the violation or future violations;
(b) Shall direct the subject landowner to
			 perform those actions necessary to comply with the water quality management
			 area rules and orders made pursuant to the area rules:
(c) Shall specify a reasonable period of time
			 by which compliance is to be achieved not to exceed 30 days after the date of
			 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) Shall be issued by
			 the director or the director's designee;
(e) Shall be in writing and shall be served
			 personally or by registered or certified mail;
(f) Shall in all cases also be mailed or
			 delivered to the legal owner of the property;
(g) Shall be a proposed order issued in a
			 manner consistent with the provisions of ORS
			 183.415,
			 568.900 to
			 568.933, and OAR chapter
			 137;
(h) Shall include a statement
			 of the person's right to request a hearing within 30 days from the date of
			 receipt of the notice and an explanation of how a hearing may be requested;
			 and
(i) Shall include a statement
			 that the Notice of Noncompliance becomes a final order unless the person to
			 whom it is issued makes a written request for a hearing within 30 days from the
			 date of receipt of the notice.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0090 - Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
All formal hearings requested by the respondent concerning a
				request for alternate measures, Notice of Noncompliance, Plan of Correction, or
				Civil Penalty assessment shall be conducted in accordance with applicable
				contested case procedures as outlined in ORS chapter 183 and OAR chapter
				137.
Statutory/Other Authority: ORS 561 & ORS
				  568.900 -
				  568.933
Statutes/Other Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0100 - Entry of Order, Appeal Rights, and Payment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a person
			 having received a notice of civil penalty assessment fails to request a hearing
			 as specified in OAR 603-090-0090, or if after the hearing the person is found
			 to be in violation of the provisions of these rules, an order may be entered by
			 the department assessing a civil penalty.
(2) The order shall be signed by the director
			 or the director's designee.
(3) If
			 the order is not appealed, any penalty is due and payable ten business days
			 after the order imposing the civil penalty becomes final by operation of law or
			 on appeal.
(4) When an order
			 assessing civil penalty becomes final by operation of law or on appeal and the
			 amount of the penalty is not paid within 10 days after the order becomes final,
			 the order may be recorded with the county clerk in any county of this state as
			 provided by ORS 183.090(6) and
			 proceedings to enforce the order may be initiated in accordance with ORS
			 183.090(12).
Stat. Auth.: ORS 561 &
				  568.900 -
				  568.933
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0110 - Civil Penalty Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to any other penalty provided by law, the department may assess a
			 civil penalty against a landowner for failing to comply with the requirements
			 of agricultural water quality management area rules adopted under ORS
			 568.900 to
			 568.933 including orders to
			 implement the area rules. The amount of civil penalty shall be determined using
			 the two matrices contained in OAR 603-090-0120 in conjunction with the formula
			 contained in OAR 603-090-0120(4). The amount of the initial civil penalty may
			 not exceed $2,500 and any subsequent civil penalties for a repeat occurrence
			 may not exceed $10,000 per violation.
(2) Prior to assessment of a civil penalty
			 for a violation, the department shall provide a notice of noncompliance to the
			 landowner. No advance notice or period to achieve compliance prior to
			 assessment of a civil penalty shall be required under section (1) of this rule
			 and the department may issue a notice of civil penalty assessment if:
(a) The violation is intentional;
			 or
(b) The landowner has received a
			 previous notice of the same or similar violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 90 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-090-0120 - Civil Penalty Determination Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
In determining the amount of a civil penalty to be assessed for
				any violation of the requirements of agricultural water quality management area
				rules adopted under ORS
				568.900 to
				568.933, the department shall
				apply the following procedure:
(1)
			 Determine the magnitude of the violation as specified in OAR
			 603-090-0110(4).
(2) Determine the
			 gravity of effect pertinent to the violation as specified in OAR
			 603-090-0110(5).
(3) Using the
			 magnitude of the violation and the gravity of effect identified, and depending
			 on whether it is the first or a repeat violation, determine the base penalty
			 (B) by reference to the appropriate matrix contained in this rule. [Table not
			 included. See ED. NOTE.]
(4)
			 Calculate the amount of the civil penalty to be assessed utilizing the formula:
			 B + [(.1 X B) (P + H + R)] = Penalty Amount where:
(a) B = Base penalty is the primary penalty
			 for a given violation derived from the appropriate matrix contained in OAR
			 603-090-0120;
(b) P = Past
			 occurrence of violations of the requirements of water quality management area
			 rules adopted under ORS
			 568.900 to 568.993. P will be
			 weighted from 0 to 6 in the following manner:
(A) 0= no prior violation or insufficient
			 evidence on which to base a finding;
(B) 1 = past occurrence of a Category III
			 violation;
(C) 2 = past occurrence
			 of a Category II violation or two category III violations;
(D) 3 = past occurrence of a Category I
			 violation, two Category II violations, or three Category III
			 violations:
(E) 4 = past occurrence
			 of two Category I violations, three Category II violations or four Category III
			 violations;
(F) 5 = past occurrence
			 of three Category I violations, four Category II violations, or five or more
			 Category III violations;
(G) 6 =
			 past occurrence of more than three Category I violations or five or more
			 Category II violations.
(c) H = History of the person in taking all
			 feasible steps or procedures necessary and appropriate to prevent or correct a
			 violation. H will be weighted from -2 to 2 in the following way:
(A) -2 = the person took all feasible steps
			 to correct any prior violations:
(B) 0 = there is no prior history or
			 insufficient information on which to base a finding;
(C) 1 = the person took some, but not all
			 feasible steps to correct prior violations;
(D) 2 = the person took no action to correct
			 prior violations.
(d) R
			 = Preventability of the violation and whether negligence or misconduct was
			 involved. R will be weighted from -2 to 7 in the following way:
(A) -2 = the person's actions determined to
			 be violative were unavoidable;
(B)
			 0 = information is insufficient to make any finding;
(C) 3 = the person's actions determined to be
			 violative were reasonably avoidable;
(D) 7 = the person's actions were flagrant or
			 reckless.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0020 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to effectuate the implementation of water quality
			 management area plans pursuant to authorities vested in the department through
			 ORS 568.900-568.933.
(2) The purpose of these rules is to outline
			 requirements for landowners conducting agricultural activities in areas for
			 which the department designates boundaries for the purpose of developing and
			 implementing a water quality management area plan pursuant to ORS
			 568.900-568.933.
Stat. Auth.: ORS
				  561.020, ORS
				  561.190 & ORS
				  568.909
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0030 - General Policies

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the department that:
(1) Cooperation between private and public
			 entities be encouraged during implementation of agricultural water quality
			 management area plans for the prevention and control of water pollution from
			 agricultural activities and soil erosion;
(2) Voluntary adoption of best management
			 practices to prevent or control water pollution from agricultural activities
			 and soil erosion be encouraged through education programs, demonstration
			 projects, and availability of technical assistance; and
(3) Enforcement action to achieve compliance
			 with water quality management area plans and rules be pursued only when
			 reasonable attempts at voluntary solutions have failed.
Stat. Auth.: ORS
				  561.140 & ORS
				  561.190
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0040 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
Any appeals of specific actions required of a landowner or
				operator by the department under division 095 rules shall be pursued according
				to the provisions of the appeals process in OAR 603-090-0040.
Stat. Auth.: ORS
				  568.912
Stats. Implemented: ORS
				  568.912
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to help implement a water quality management area plan for
			 the Tualatin River Watershed Agricultural Water Quality Management Area
			 pursuant to authorities vested in the Oregon Department of Agriculture
			 (department) through ORS
			 568.900-568.933 and
			 561.190-561.191. The plan is known as
			 the Tualatin River Watershed Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is
			 to provide requirements for landowners and operators (as defined in ORS
			 568.903) in the Tualatin River
			 Watershed Agricultural Water Quality Management Area to prevent and control
			 water pollution from agricultural activities and soil erosion and to meet water
			 quality standards.
Stat. Auth.: ORS
				  561.190 - 561.561.191 &
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0120 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191 &
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0140 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All landowners or operators conducting activities on lands
				described in OAR 603-095-0120(2) and (3) must comply with the following rules:
				A landowner or operator is responsible for only those conditions caused by
				activities conducted on land managed by the landowner or operator. These rules
				do not apply to conditions resulting from unusual weather events or other
				exceptional circumstances that could not have been reasonably anticipated.
(1) Erosion:
(a) There must be no visible evidence of
			 erosion resulting from agricultural activities in a location where the eroded
			 sediment could enter waters of the state.
(b) Visible evidence of erosion consists of
			 one or more of the following features:
(A)
			 Sheet wash, noted by visible pedestalling, surface undulations, and/or flute
			 marks on bare or sparsely-vegetated ground; or
(B) Active gullies, as described in OAR
			 603-095-0010(1); or
(C) Multiple
			 rills, which have the form of gullies but are smaller in cross section than one
			 square foot; or
(D) Soil
			 deposition that could enter surface water; or
(E) Streambanks breaking down, eroding,
			 tension-cracking, shearing, or slumping beyond the level that would be
			 anticipated from natural disturbances given natural hydrologic characteristics;
			 or
(F) Underground drainage tile
			 outlets that contribute to soil or bank erosion.
(c) Private roads used for agricultural
			 activities, including road surfaces, fill, ditch lines, and associated
			 structures, must not contribute sediment to waters of the state. All private
			 roads used for agricultural activities not subject to the Oregon Forest
			 Practices Act are subject to this regulation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  561.400 & ORS
				  568.909
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0180 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0320 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Appendix referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191,
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0340 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All landowners or operators conducting activities on lands in agricultural use
			 must be in compliance with the following rules. A landowner is responsible for
			 only those conditions caused by activities conducted on land managed by the
			 landowner or operator. Rules will be applied with consideration of agronomic
			 and economic impacts.
(a) These rules do not
			 apply to conditions resulting from unusual weather events or other exceptional
			 circumstances.
(b) Temporary
			 exceptions to the rules are allowed when a specific integrated pest management
			 plan is in place to deal with certain weed, insect pest, or disease
			 problems.
(c) Unless otherwise
			 indicated, the rules below become effective on January 1, 2008.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0380 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  568.909
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0420 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  568.909
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0440 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
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)
			 Soil erosion: By January 1, 2003:
(a) No
			 agricultural land management or soil disturbing activity shall cause sheet or
			 rill erosion in excess of the soil loss tolerance factor (T) on cropland, and
			 no agricultural land management or soil disturbing activity shall cause active
			 channel erosion that delivers sediment directly into the waters of the state;
			 or
(b) No agricultural land
			 management or soil disturbing activity shall exceed an alternative standard,
			 approved by the Department, that assures protection of water quality;
			 or
(c) No agricultural land
			 management or soil disturbing activity shall cause a discharge of sediment to
			 the waters of the state in excess of water quality standards.