reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1160 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent 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 603-095-1160(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 603-095-1200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to outline requirements for landowners in the Clackamas Subbasin
			 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
			 Clackamas Subbasin Management Area.
(2) It is intended that the Clackamas
			 Subbasin Agricultural Water Quality Management Area Plan will aid in achieving
			 compliance with these rules through education and promotion of voluntary land
			 management measures.
(3) Failure to
			 comply with any provisions of the Clackamas Subbasin Agricultural Water Quality
			 Management Area Plan:
(a) Does not constitute
			 a violation of OAR 603-090-0000 through 603-090-0120, or of OAR 603-095-1200
			 through OAR 603-095-1280.
(b) Is
			 not intended by the department to be evidence of a violation of any federal,
			 state, or local law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1220 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Clackamas Subbasin Management Area
			 includes the drainage area of the Clackamas River upstream from the confluence
			 with the Willamette River near Gladstone. The Abernathy Creek and Beaver
			 Creek/Parrot Creek drainages which flow directly into the Willamette from the
			 east are included in this Management Area. Newland Creek, Boeckman Creek, Seely
			 Ditch, Coffee Lake Creek, and Corral Creek flow directly into the Willamette
			 River and are also included in this Management Area. The physical boundaries of
			 the Clackamas Subbasin Management Area are indicated on the map included as
			 Appendix 1 of these rules. [Appendix not included. See ED. NOTE.]
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Clackamas
			 Subbasin Management Area in agricultural use and agricultural and rural lands
			 which are lying idle or on which management has been deferred, and forested
			 lands with agricultural activities, with the exception of public lands managed
			 by federal agencies and activities which are subject to the Forest Practices
			 Act.
(3) Current productive
			 agricultural use is not required for the provisions of these rules to apply.
			 For example, highly erodible lands with no present active use are within the
			 purview of these rules.
(4) The
			 provisions and requirements outlined in these rules may be adopted by reference
			 by Designated Management Agencies with appropriate authority and
			 responsibilities in other geographic areas of the Clackamas Subbasin Management
			 Area.
(5) For lands in agricultural
			 use within other Designated Management Agencies or state agency jurisdictions,
			 the department and the appropriate Local Management Agency shall work with
			 these Designated Management Agencies to assure that provisions of these rules
			 apply and to assure that duplication of any services provided or fees assessed
			 does not occur.
The Appendix referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1240 - 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
			 shall be in compliance with the following criteria. A landowner or operator
			 shall be responsible for only those violations of the following prevention and
			 control measures caused by activities conducted on land managed by the
			 landowner or operator. Criteria do not apply to conditions resulting from
			 unusual weather events or other exceptional circumstances which could not have
			 been reasonably anticipated.
(2)
(a) Streamside Area Condition. Effective upon
			 rule adoption.
(b) Streamside area
			 conditions shall allow the establishment, growth, and/or maintenance of native
			 or non-native riparian vegetation appropriate to the site capability, that is
			 sufficient to encourage shade and to protect the streamside area during high
			 stream flow events up to and including those expected to occur during or
			 following a 25-year, 24 hour storm event.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1260 - Voluntary Water Quality Farm Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intent: Landowners or operators are
			 encouraged to develop and implement an Approved Voluntary Water Quality Farm
			 Plan (approved voluntary plan). An approved voluntary plan is defined in OAR
			 603-095-0010(6) and is not the same as a voluntary plan defined in
			 603-095-0010(51).
(2) In order to
			 be considered for approval, voluntary plans shall be designed to meet criteria
			 in OAR 603-095-1240. At a minimum, Approved Voluntary Water Quality Farm Plans
			 shall include the following information:
(a)
			 General components:
(A) Maps, aerial
			 photographs, and soil survey, water resource and other natural resource
			 inventory information shall be included to the extent that the information is
			 pertinent and necessary in the formulation of the voluntary plan to assure it
			 achieves the criteria in OAR 603-095-1240;
(B) A list of fields, land uses, acres and
			 resource concerns; and
(C) Any
			 agreements entered into by the landowner or operator involving any agency
			 providing technical or financial assistance in the completion of the
			 conservation measures included in the voluntary plan.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1280 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent occurrence of agricultural
			 water pollution through a written complaint, its own observation, or through
			 notification by another agency, the department may conduct an investigation.
			 The department may, at its discretion, coordinate inspection activities with
			 the appropriate Local Management Agency.
(2) Each notice of an apparent occurrence of
			 agricultural water pollution shall be evaluated in accordance with the criteria
			 in ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural water pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-1280(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 603-095-1300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to outline requirements for landowners in the Sandy Subbasin
			 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
			 Sandy Subbasin Management Area.
(2)
			 It is intended that the Sandy Subbasin Agricultural Water Quality Management
			 Area Plan will aid in achieving compliance with these rules through education
			 and promotion of voluntary land management measures.
(3) Failure to comply with any provisions of
			 the Sandy Subbasin Agricultural Water Quality Management Area Plan:
(a) Does not constitute a violation of OAR
			 603-090-0000 through 603-090-0120, or of OAR 603-095-1300 through OAR
			 603-095-1380;
(b) Is not intended
			 by the department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1320 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Sandy Subbasin Management Area
			 includes the drainage area of the Sandy River upstream from the confluence with
			 the Columbia River near Troutdale. Tanner, Moffett, McCord, Horsetail, Oneonta,
			 Multnomah, Cooepy, Bridal Veil, Young, Latourell and other small creeks which
			 flow directly into the Columbia River are included in this Management Area. The
			 physical boundaries of the Sandy Subbasin Management Area are indicated on the
			 map included as Appendix 1 of these rules. [Appendix not included. See ED.
			 NOTE.]
(2) Operational boundaries
			 for the land base under the purview of these rules include all lands within the
			 Sandy Subbasin Management Area in agricultural use and agricultural and rural
			 lands which are lying idle or on which management has been deferred, and
			 forested lands with agricultural activities, with the exception of public lands
			 managed by federal agencies and activities which are subject to the Forest
			 Practices Act.
(3) Current
			 productive agricultural use is not required for the provisions of these rules
			 to apply. For example, highly erodible lands with no present active use are
			 within the purview of these rules.
(4) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Sandy Subbasin Management Area.
(5) For lands in agricultural use within
			 other Designated Management Agencies or state agency jurisdictions, the
			 department and the appropriate Local Management Agency shall work with these
			 Designated Management Agencies to assure that provisions of these rules apply
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
The Appendix referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1340 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All landowners or occupiers conducting activities on lands in agricultural use
			 shall be in compliance with the following criteria. A landowner or occupier
			 shall be responsible for only those violations of the following prevention and
			 control measures 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.
(2)
			 Streamside area condition. Effective upon adoption.
(a) Streamside vegetation management shall
			 allow the establishment, growth, control, and/or maintenance of riparian
			 vegetation (for example: grasses, sedges, shrubs, and trees) appropriate to the
			 site capability that is sufficient to provide shade and protection to the
			 streamside area such that it maintains its integrity during high stream flow
			 events up to and including those expected to occur during or following a
			 25-year, 24 hour storm event.
(b)
			 Management strategies in the streamside area shall not reduce the control of
			 erosion, lessen filtering of sediment and nutrients, or decrease the
			 infiltration of water into the soil profile.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1360 - Voluntary Water Quality Farm Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intent: Landowners or operators are
			 encouraged to develop and implement an approved Voluntary Water Quality Farm
			 Plan (approved voluntary plan). An approved voluntary plan is defined in OAR
			 603-095-0010(6) and is not the same as a voluntary plan defined in
			 603-095-0010(51).
(2) In order to
			 be considered for approval, voluntary plans shall be designed to meet criteria
			 in OAR 603-095-1340. At a minimum, approved voluntary plans shall include the
			 following information:
(a) General
			 components:
(A) Maps, aerial photographs, and
			 soil survey, water resource and other natural resource inventory information
			 shall be included to the extent that the information is pertinent and necessary
			 in the formulation of the voluntary plan to assure it achieves the criteria in
			 OAR 603-095-1340;
(B) A list of
			 fields, land uses, acres and resource concerns; and
(C) Any agreements entered into by the
			 landowner or operator involving any agency providing technical or financial
			 assistance in the completion of the conservation measures included in the
			 voluntary plan.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1380 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent occurrence of agricultural
			 water 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 apparent occurrence of
			 agricultural water pollution shall be evaluated in accordance with the criteria
			 in ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural water pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-1380(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 603-095-1400 - 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
			 Inland Rogue 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 Inland Rogue Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Inland Rogue Agricultural Water Quality
			 Management Area to prevent and control water pollution from agricultural
			 activities and soil erosion. Compliance with OAR 603-095-1400 to 603-095-1460
			 is expected to aid in the achievement of applicable water quality standards in
			 the Inland Rogue 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 603-095-1420 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Inland Rogue Agricultural Water
			 Quality Management Area includes the drainage area of the Rogue River primarily
			 within the political boundaries of Jackson and Josephine counties. It does not
			 include the drainage area of the Lower Rogue outside the Josephine county
			 boundary. The physical boundaries of the Inland Rogue 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 Inland Rogue Agricultural Water Quality Management Area in
			 agricultural use, agricultural and rural lands that are lying idle, or on which
			 management has been deferred, and forested lands with agricultural activities,
			 with the exception of public lands managed by federal agencies, reservation and
			 tribal trust lands, and activities which are subject to the Forest Practices
			 Act.
(3) Current productive
			 agricultural use is not required for the provisions of these rules to apply.
			 For example, highly erodible lands with no present active use are within the
			 purview of these rules.
(4) The
			 provisions and requirements outlined in these rules may be adopted by reference
			 by Designated Management Agencies with appropriate authority and
			 responsibilities in other geographic areas of the Inland Rogue Agricultural
			 Water Quality Management Area.
(5)
			 For lands in agricultural use within other Designated Management Agencies' or
			 state agency jurisdictions, the Department of Agriculture (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.
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 603-095-1440 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 landowners or operators conducting activities on lands described above in OAR
			 603-095-1420(2) shall be in compliance with the following rules. A landowner
			 shall be responsible for only those conditions caused by the activities of the
			 landowner or operator. Rules do not apply to conditions resulting from unusual
			 weather events or other exceptional circumstances that could not have been
			 reasonably anticipated. Limited duration activities may be exempt from these
			 conditions subject to approval by the department.
(2) Excessive Soil Erosion
(a) There shall be no visible evidence of
			 erosion resulting from agricultural management in a location where erosion has
			 contributed or will contribute sediment to waters of the state. Visible
			 evidence of erosion may consist of the following features:
(A) Sheet wash, noted by visible
			 pedestalling, surface undulations, and/or flute marks on bare or
			 sparsely-vegetated ground;
(B)
			 Visibly active gullies, as defined by OAR 603-095-0010(1);
(C) Multiple rills, which have the form of
			 gullies, but are smaller, in cross-sectional area, than one square
			 foot.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1460 - 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 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 603-095-1460(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 603-095-1500 - 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
			 Coos and Coquille Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900-ORS
			 568.933 and ORS
			 561.190-ORS
			 561.191. The area plan is known
			 as the Coos and Coquille Agricultural Water Quality Management Area Plan.
			 Nothing in the Coos and Coquille Agricultural Water Quality Management Area
			 Plan or in OARs 603-095-1500 through 603-095-1560 will allow the department to
			 implement this plan or rules in a manner that is in violation of the U. S.
			 Constitution, the Oregon Constitution or other applicable state laws.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Coos and Coquille Agricultural Water Quality
			 Management Area to prevent and control water pollution from agricultural
			 activities and soil erosion. Compliance with division 95 rules (OARs
			 603-095-1500 through 603-095-1560) is expected to aid in the achievement of
			 applicable water quality standards in the Coos and Coquille Water Quality
			 Management Area.
(3) Failure to
			 comply with any provisions of the Coos and Coquille Agricultural Water Quality
			 Management Area Plan:
(a) Does not constitute
			 a violation of OAR 603-090-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR
			 603-095-1560;
(b) Is not intended
			 by the department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1520 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Coos and Coquille Agricultural Water
			 Quality Management Area is comprised of the Coos and Coquille drainages, the
			 Tenmile drainage, the Twomile drainage, the Fourmile drainage (including the
			 headwaters of South Fork Fourmile Creek), and those lands within Coos County
			 that lie north of the county line west of its junction with Bethel Mountain
			 Road. The physical boundaries of the 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 Coos and Coquille
			 Agricultural Water Quality Management Area in agricultural use, agricultural
			 and rural lands that are lying idle or on which management has been deferred,
			 and forested lands with agricultural activities, with the exception of public
			 lands managed by federal agencies. These rules (OAR 603-095-1500 through OAR
			 603-095-1560) will affect any lands in agricultural use on all non-Federal and
			 non-Tribal lands in the Coos and Coquille Agricultural Water Quality Management
			 Area.
(a) Agricultural use does not include
			 the use of land for garden plots primarily used for the cultivation of
			 vegetables, flowers, herbs or fruits for domestic or household use.
(b) The provisions of the Coos and Coquille
			 Agricultural Water Quality Management Area Plan and OARs 603-095-1500 through
			 603-095-1560 shall not apply to any forest practice conducted on forestland as
			 defined in ORS 527.620.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1540 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) All landowners or operators conducting
			 activities on lands in agricultural use will comply with the following
			 criteria. A landowner is responsible for only those conditions resulting from
			 activities caused by the landowner. A landowner is not responsible for
			 conditions resulting from actions by another landowner. A landowner is not
			 responsible for conditions resulting from unusual weather events or other
			 exceptional circumstances that could not have been reasonably
			 anticipated.
(b) Limited duration
			 activities may be exempt from these conditions subject to prior written
			 approval by the department.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1560 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent 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 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 603-095-1560(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.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1600 - 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
			 Middle Deschutes Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900 -- 568.933 and ORS
			 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 Middle 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 Middle 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 Middle
			 Deschutes Agricultural Water Quality Management Area.
(3) Failure to comply with any provisions of
			 the Middle Deschutes Agricultural Water Quality Management Area Plan:
(a) Does not constitute a violation of OAR
			 603-090-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR
			 603-095-1660;
(b) Is not intended
			 by the department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1620 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Middle Deschutes Agricultural Water
			 Quality Management Area includes the Trout Creek and Willow Creek drainages,
			 and the area along the eastern side of the Deschutes River between Trout Creek
			 and Crooked River and east of Crooked River between confluence with Deschutes
			 River and Sherwood Canyon to the north and Smith Rock to the south. The
			 physical boundaries of the Management Area are indicated on the map included as
Attachment 1
of these rules.[Attachment not included. See ED.
			 NOTE.]
(2) Operational boundaries
			 for the land base under the purview of these rules include all lands within the
			 Middle Deschutes Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forested lands with agricultural activities, with the
			 exception of Tribal Trust lands or public lands managed by federal
			 agencies.
(3) Current productive
			 agricultural use is not required for the provisions of these rules to apply.
			 For example, highly erodible lands with no present active use are within the
			 purview of these rules.
(4) The
			 provisions and requirements outlined in these rules may be adopted by reference
			 by Designated Management Agencies with appropriate authority and
			 responsibilities in other geographic areas of the Middle Deschutes 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.
Attachments referenced in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1640 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-095-1640(2) through (6) within the following limitations:
(a) A landowner is responsible for only those
			 conditions resulting from activities controlled by the landowner. A landowner
			 is not responsible for conditions resulting from activities by landowners on
			 other lands. A landowner is not responsible for conditions that: are natural,
			 could not have been reasonably anticipated, or that result from unusual weather
			 events or other exceptional circumstances.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1660 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent 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 603-095-1660(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 603-095-1700 - 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
			 subbasin pursuant to authorities vested in the department through ORS
			 568.900-568.933. The area plan is known
			 as the Walla Walla Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Walla Walla 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
			 Walla Walla River Subbasin.
Stat. Auth.: ORS
				  561.190 -- ORS
				  561.191,
				  568.912
Stats Implemented: ORS
				  568.900 -- ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1720 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Walla Walla Agricultural Water
			 Quality Management Area includes the area in Oregon that drains into the Walla
			 Walla River. The physical boundaries of the Walla Walla 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
			 Walla Walla 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
			 and activities that are subject to the Oregon Forest Practices Act.
(3) The provisions of these rules apply to
			 all agricultural 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 Walla Walla River Subbasin.
(5) For lands in agricultural use within
			 other Designated Management Agencies or state agency jurisdictions, the
			 department and the appropriate Local Management Agency shall work with these
			 Designated Management Agencies to assure that provisions of these rules apply,
			 and to assure that duplication of any services provided or fees assessed does
			 not occur.
Appendix referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -- ORS
				  561.191,
				  568.912
Stats Implemented: ORS
				  568.900 -- ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1740 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Limitations:
(a) All landowners or operators
			 conducting activities on agricultural lands are provided the following
			 exemptions from the requirements of OAR 603-095-1740 (Prevention and Control
			 Measures).
(A) A landowner or operator shall
			 be responsible for only those conditions caused by activities conducted on land
			 managed by the landowner or operator.
(B) A landowner or operator is not
			 responsible for conditions resulting from unusual weather events or other
			 uncontrollable circumstances.
(C)
			 The Department will allow temporary exceptions when a specific integrated pest
			 management plan is in place to deal with certain weed or pest
			 problems.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1760 - 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 shall 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 allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or 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 or
			 investigate a complaint filed by a person under section OAR 603-095-1760(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 through
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1800 - 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
			 Wallowa Agricultural Water Quality Management Area pursuant to authorities
			 vested in the department through ORS
			 568.900 -- 568.933. The area
			 plan is known as the Wallowa Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Wallowa 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
			 Wallowa Agricultural Water Quality Management Area.
(3) Failure to comply with any provisions of
			 the Wallowa Agricultural Water Quality Management Area Plan:
(a) Does not constitute a violation of OAR
			 603-095-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR
			 635-095-1860;
(b) Is not intended
			 by the department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1820 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Wallowa Agricultural Water Quality
			 Management Area includes Wallowa River, Lower Grande Ronde River and Imnaha
			 River subbasins. The physical boundaries of the 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 Wallowa
			 Agricultural Water Quality Management Area in agricultural use, agricultural
			 and rural lands that are lying idle or on which management has been deferred,
			 and forested lands with agricultural activities, with the exception of public
			 lands managed by federal agencies and Tribal Trust Lands.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply. For example, highly
			 erodible lands with no present active use are within the purview of these
			 rules.
(4) The provisions and
			 requirements outlined in these rules may be adopted by reference by Designated
			 Management Agencies with appropriate authority and responsibilities in other
			 geographic areas of the Wallowa Agricultural Water Quality Management
			 Area.
(5) For lands in agricultural
			 use within other Designated Management Agencies' or state agency jurisdictions,
			 the department and the appropriate Local Management Agency shall work with
			 these Designated Management Agencies to assure that provisions of these rules
			 apply, and to assure that duplication of any services provided or fees assessed
			 does not occur.
Appendices referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & ORS
				  568.912
Stats. Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1840 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Limitations. A landowner shall be responsible for only those conditions caused
			 by activities conducted on land managed by the landowner. Criteria do not apply
			 to conditions resulting from unusual weather events or other exceptional
			 circumstances which could not have been reasonably anticipated.
(2) Excessive Sheet and Rill Erosion:
(a) By January 1, 2006, soil erosion will be
			 reduced to the "Soil Loss Tolerance Factor" or "T".
(b) For croplands which the department
			 determines cannot practically or economically achieve "T" soil erosion will be
			 reduced to 5 tons per acre per year averaged over the length of the
			 rotation.
(c) Reduction of soil
			 erosion will be calculated by the Revised Universal Soil Loss Equation (RUSLE),
			 with supporting data from the Natural Resource Conservation Service Field
			 Office Technical Guide and similar data from other credible sources.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1860 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When the department receives notice of an apparent 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 603-095-1860(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.