reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0460 - 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, notification by
			 another agency, or by other means, the department may conduct an investigation.
			 The department may, at its discretion, coordinate inspection activities with
			 the appropriate Local Management Agency.
(2) Each notice of an apparent occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will not evaluate or
			 investigate a complaint filed by a person under section (3) unless the
			 complaint is in writing, signed and dated by the complainant and indicates the
			 location and description of:
(a) The property
			 and/or waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed
			 under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0500 - 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 Yamhill River Subbasin pursuant to authorities
			 vested in the Department through ORS
			 568.900-568.933. The area plan is known
			 as the Yamhill River Subbasin Agricultural Water Quality Management Area Plan
			 and is described in a guidance document that accompanies these rules.
(2) Failure to comply with any provisions of
			 the Yamhill River Subbasin Agricultural Water Quality Management Area Plan:
(a) Does not constitute a violation of OAR
			 603-090-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR
			 603-095-0560;
(b) Is not intended
			 by the Department to be evidence of a violation of any federal, state, or local
			 law by any person.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0520 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Yamhill River Subbasin includes the
			 drainage area of the Yamhill River upstream from the confluence with the
			 Willamette River near Dayton. The Chehalem Creek drainage basin and a few other
			 small creeks in Yamhill County which directly feed the Willamette River are
			 also included. The physical boundaries of the Yamhill River Subbasin are
			 indicated on the map included as Appendix 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the Yamhill River
			 Subbasin in agricultural use and agricultural and rural lands which are lying
			 idle or on which management has been deferred, with the exception of lands
			 which make up the Reservation of the Confederated Tribes of Grand Ronde and
			 activities which are subject to the Forest Practices Act.
(3) Current agricultural use is not required
			 for the provisions of these rules to apply. For example, highly erodible lands
			 with no present active use are within the purview of these rules.
(4) The provisions and requirements outlined
			 in these rules may be adopted by reference by Designated Management Agencies
			 with appropriate authority and responsibilities in other geographic areas of
			 the Yamhill River Subbasin.
(5) For
			 lands in agricultural use within other Designated Management Agency or state
			 agency jurisdictions, the Department and the appropriate Local Management
			 Agency shall work with these Designated Management Agencies to assure that
			 provisions of these rules apply and to assure that duplication of any services
			 provided or fees assessed does not occur.
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 603-095-0540 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
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.
(1) Erosion prevention and sediment control:
(a) Landowners or occupiers shall prevent
			 sheet and rill erosion in excess of four times the tolerable soil loss (T)
			 leaving the property or being transported to streams.
(b) By January 1, 2005, landowners or
			 occupiers shall prevent sheet and rill erosion in excess of two times the
			 tolerable soil loss (T) leaving the property or being transported to
			 streams.
(c) Sediment from sheet
			 and rill, gully, or drainage way erosion shall not reduce the quality of waters
			 below the water quality standards established by rule for such waters by the
			 Environmental Quality Commission.
(d) Indicators of non-compliance for (a)
			 through (c) above are:
(A) Visible soil
			 deposition that could enter natural stream areas;
(B) Visible sloughing from drainage ways as a
			 result of livestock grazing, tillage, or human destruction of riparian
			 vegetation; or
(C) Underground
			 drainage tile outlets either improperly installed or maintained allowing soil
			 or bank erosion to actively occur.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0560 - 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, or through
			 notification by another agency, the Department may conduct an investigation.
			 The Department may, at its discretion, coordinate inspection activities with
			 the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 adopted or any rules
			 adopted thereunder to determine whether an investigation is
			 warranted.
(3) Any person allegedly
			 being damaged or otherwise adversely affected by agricultural pollution or
			 alleging any violation of ORS
			 568.900 to
			 568.933 or any rules thereunder
			 may file a complaint with the Department.
(4) The Department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-0560(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 property and/or waters of the state allegedly being damaged or impacted;
			 and
(b) The property allegedly
			 being managed under conditions violating criteria described in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0600 - 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
			 Lower 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 Lower Deschutes Agricultural Water Quality Management Area Plan. After
			 adoption of the TMDLs, these rules will be reviewed and modified as needed to
			 provide reasonable assurance that the load allocations for agriculture will be
			 met.
(2) The purpose of these rules
			 is to outline requirements for landowners in the Lower Deschutes Agricultural
			 Water Quality Management Area to prevent and control water pollution from
			 agricultural activities and soil erosion. Compliance with division 95 rules is
			 expected to aid in the achievement of applicable water quality standards in the
			 Lower Deschutes Agricultural Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & 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 603-095-0620 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Lower Deschutes Agricultural Water
			 Quality Management Area includes the drainage area of the Deschutes River
			 downstream from its confluence with Trout Creek to its confluence with the
			 Columbia River near the city of The Dalles. It also includes all Oregon lands
			 draining to the Columbia River between the Hood River drainage and the John Day
			 Basin. 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 Lower 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 public
			 lands managed by federal agencies and lands that make up the Reservation of the
			 Confederated Tribes of the Warm Springs.
(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 Lower 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.
The Appendix referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS
				  561.190 - ORS
				  561.191 & 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 603-095-0640 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 landowners or operators conducting activities on lands in agricultural use will
			 comply with the following criteria. Implementation of these rules will begin
			 upon adoption and will be fully implemented by the dates listed below. A
			 landowner is responsible for only those conditions caused by agricultural
			 activities conducted on land controlled by the landowner. A landowner is not
			 responsible for prohibited conditions resulting from actions by another
			 landowner. Conditions resulting from unusual weather events or other
			 exceptional circumstances are not the responsibility of the
			 landowner.
(2) Soil Erosion on
			 Uplands; effective on rule adoption, landowners must control soil erosion on
			 uplands using practical and available methods.
(a) On croplands, a landowner may demonstrate
			 compliance with OAR 603-095-0640(2) by:
(A)
			 Operating consistent with a Soil and Water Conservation District
			 (SWCD)-approved conservation plan that meets Resource Management System (RMS)
			 quality criteria for soil and water resources; or
(B) Operating in accordance with an
			 SWCD-approved plan for Highly Erodible Lands (HEL) developed for the purpose of
			 complying with the current US Department of Agriculture (USDA) farm program
			 legislation; and farming non-HEL cropland in a manner that meets the
			 requirements of an approved USDA HEL compliance plan for similar cropland soils
			 in the county; or
(C) Farming such
			 that the predicted sheet and rill erosion rate does not exceed 5
			 tons/acre/year, as estimated by the Revised Universal Soil Loss Equation
			 (RUSLE); or
(D) Constructing and
			 maintaining terraces, sediment basins, or other structures sufficient to keep
			 eroding soil out of streams.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0660 - 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 603-095-0660(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 603-095-0700 - 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
			 Umpqua Basin 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 Umpqua Basin 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. Nothing in the Umpqua Basin Agricultural Water Quality Management Area
			 Plan or rules adopted by the department 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) It is intended that the Umpqua Basin
			 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 Umpqua Basin 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
			 603-095-0760;
(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 603-095-0720 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Umpqua Basin includes the drainage
			 area for the South Umpqua, the North Umpqua, the mainstem Umpqua and the Smith
			 River. The physical boundaries of the Umpqua basin 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 Umpqua Basin 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 (BLM, USFS and USFWS), 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 Umpqua Basin.
(5) For lands in
			 agricultural use within other Designated Management Agencies' or state agency
			 jurisdictions, the department and the appropriate Local Management Agency shall
			 work with these Designated Management Agencies to assure that provisions of
			 these rules apply, and to assure that duplication of any services provided or
			 fees assessed does not occur.
Statutory Auth.: ORS
				  561.190-561.191, OAR 568.909 & OAR
				  568.927
Stats. Implemented: ORS
				  568.900 - OAR
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0740 - Conditions

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 is responsible for only
			 those conditions caused by agricultural activities conducted by the landowner.
			 A landowner is not responsible for unacceptable conditions resulting from the
			 actions of another landowner or occupier. Conditions resulting from unusual
			 weather events or other exceptional circumstances are not the responsibility of
			 the landowner.
(2) Unless otherwise
			 noted, these rules are effective one year after adoption.
(3) Substantial amounts of sediment (i.e. in
			 excess of water quality standards for sedimentation) moving from agricultural
			 lands into waters of the state as a result of agricultural activities is
			 identified as an unacceptable condition. Offstream ponds which do not
			 contribute to the downstream system under normal weather conditions are exempt
			 as they are often used to trap and contain sediment.
(4) Substantial amounts of phosphorous (i.e.
			 in excess of water quality standards) moving from agricultural lands into
			 waters of the state as a result of agricultural activities is identified as an
			 unacceptable condition.
(5)
			 Substantial amounts of bacteria (i.e. in excess of water quality standards)
			 moving from agricultural lands into waters of the state as a result of
			 agricultural activities is identified as an unacceptable condition. Off stream
			 ponds which do not contribute to waters where public exposure is possible are
			 exempt from this rule.
(6)
			 Agricultural management or soil-disturbing activities that preclude
			 establishment and development of adequate riparian vegetation for streambank
			 stability and shading, consistent with site capability, along a perennial
			 stream which has a site potential for such vegetation is considered an
			 unacceptable condition. Minimal breaks in shade vegetation for essential
			 management activities are considered appropriate.
(7) Irrigation practices that contribute
			 significant amounts of warmed surface water (more than 3% of water pumped
			 during any one irrigation setting to return as surface runoff to a stream) back
			 into a stream are considered an unacceptable condition.
(8) Effective upon adoption, no person
			 subject to these rules shall violate any provision of ORS
			 468B.025 or ORS
			 468B.050.
Statutory Auth.: ORS
				  561.190-561.191, OAR 568.909, & OAR
				  568.912
Stats. Implemented: ORS
				  568.900 - OAR
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0760 - 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 603-095-0760(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 603-095-0800 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 have been developed to effectuate a water quality management area plan for the
			 North Coast Basin pursuant to authorities vested in the department through ORS
			 561.190-561.191 and
			 568.900-568.933. Development of this
			 plan is due to a determination by the Environmental Quality Commission to
			 establish Total Maximum Daily Loads (TMDL) and allocate loads to agricultural
			 water pollution sources. This plan also contributes to the state's program to
			 restore and protect coastal waters in response to the federal Coastal Zone
			 Management Act. The area plan is known as the North Coast Basin Agricultural
			 Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the North Coast Basin Agricultural Water Quality
			 Management Area for the prevention and control of water pollution from
			 agricultural activities and soil erosion. Compliance with these rules is
			 expected to aid in the achievement of applicable water quality standards in the
			 North Coast Basin.
(a) Failure to comply with
			 any provisions of the North Coast Basin 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
			 635-095-0860;
(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 603-095-0820 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The physical boundaries of North Coast
			 Basin subject to these rules are indicated on the map included as
Appendix A
of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the North Coast Basin
			 in agricultural use, 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 Oregon 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 North Coast Basin.
(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
				  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 603-095-0840 - Required and Prohibited Conditions

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
			 required and prohibited conditions 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 that
			 could not have been reasonably anticipated.
(2) Healthy Riparian Streambank Condition.
			 Effective upon rule adoption.
(a) Allow the
			 natural and managed regeneration and growth of riparian vegetation -- trees,
			 shrubs, grasses, and sedges -- along natural waterways (as defined in OAR
			 141-085-0010(27)) to provide shade to moderate water temperatures and bank
			 stability to maintain erosion near background levels.
(b) The technical criteria to determine
			 compliance with OAR 603-095-0840(2)(a) are:
(A) Ongoing renewal of riparian vegetation
			 that depends on natural processes (including processes such as seed fall, seed
			 bank in soil, or sprouting from roots, rhizomes, or dormant crowns) is
			 evident.
(B) Ongoing growth of
			 riparian vegetation that has a high probability of remaining or becoming
			 vigorous and healthy is evident.
(C) Management activities minimize the
			 degradation of established native vegetation while allowing for the presence of
			 nonnative vegetation.
(D)
			 Management activities maintain at least 50% of each year's new growth of woody
			 vegetation -- both trees and shrubs.
(E) Management activities are conducted in a
			 manner so as to maintain streambank integrity through 25-year storm
			 events.
(c) Exemptions:
(A) Levees and dikes are exempt from the
			 Healthy Riparian Streambank Condition OAR 603-095-0840(2)(a) and (b), except
			 for areas on the river-side of these structures that are not part of the
			 structures and which can be vegetated without violating U.S. Army Corps of
			 Engineers vegetation standards.
(B)
			 Drainage areas where the only connection to other waterbodies are through pumps
			 shall be exempt from the Healthy Riparian Streambank Condition OAR
			 603-095-0840(2)(a) and (b).
(C)
			 Access to natural waterways for livestock watering and stream crossings are
			 allowed such that livestock use is limited to only the amount of time necessary
			 for watering and crossing the waterway.
(D) Drainage and irrigation ditches managed
			 in compliance with OAR 603-095-0840(3) are exempt from the Healthy Riparian
			 Streambank Condition 603-095-0840(2)(a) and (b).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0860 - 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 any other means, the department may
			 conduct an investigation. The department may, at its discretion, coordinate
			 inspection activities with the appropriate Local Management Agency.
(2) Each notice of an alleged occurrence of
			 agricultural pollution shall be evaluated in accordance with the criteria in
			 ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-0860(3) if
			 the complaint is in writing, signed and dated by the complainant and indicates
			 the location and description of:
(a) The
			 property and 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 603-095-0900 - 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
			 Malheur River Basin Agricultural Water Quality Management Area pursuant to
			 authorities vested in the department through ORS
			 568.900 -- 568.933 and ORS
			 561.190 -- 561.191. The area
			 plan is known as the Malheur River Basin Agricultural Water Quality Management
			 Area Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Malheur River Basin
			 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 Malheur River Basin Water Quality Management
			 Area.
(3) Failure to comply with
			 any provisions of the Malheur River Basin 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
			 603-095-0960;
(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 603-095-0920 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Malheur River Basin Agricultural
			 Water Quality Management Area includes the drainage area of the Malheur River
			 and all its tributaries from the headwaters to the mouth, and the Moores Hollow
			 and Jacobsen Gulch 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 Malheur River
			 Basin 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.
(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 Malheur River Basin 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.
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
Stats Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0940 - Prohibited Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 landowners or operators conducting activities on lands in agricultural use
			 shall comply with the following criteria. A landowner shall be responsible for
			 only those conditions caused by agricultural activities conducted on land
			 controlled by the landowner. A landowner is not responsible for prohibited
			 conditions resulting from actions by another landowner. Conditions resulting
			 from unusual weather events (equalling or exceeding a 25-year storm event) or
			 other exceptional circumstances are not the responsibility of the landowner.
			 Limited duration activities may be exempted from these conditions subject to
			 prior approval by the department. The intent of these rules, in accordance with
			 the Clean Water Act, is to protect clean water while also maintaining the
			 economic viability of individual farming enterprises.
(2) Placement, Delivery, or Sloughing of
			 Wastes: Effective upon adoption:
No person subject to these rules shall violate any provision of
				ORS 468B.025 or ORS
				468B.050.
(3) Irrigation Surface Water Return Flow
(a) After January 1, 2006, irrigation surface
			 water return flow to waters of the state shall not cause an excessive,
			 systematic, or persistent increase in sediment levels already present in the
			 receiving waters, except where the return flows do not cause the receiving
			 waters to exceed established sediment standards.
(b) A landowner conducting irrigation
			 activities in accordance with a plan approved in writing by the department or
			 its designee shall be deemed to be in compliance with this rule.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-0960 - 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
			 investigation activities with the appropriate Local Management
			 Agency.
(2) Each notice of an
			 apparent occurrence of agricultural pollution shall be evaluated in accordance
			 with the criteria in ORS
			 568.900 to
			 568.933 or any rules adopted
			 thereunder to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or
			 otherwise adversely affected by agricultural pollution or alleging any
			 violation of ORS 568.900 to
			 568.933 or any rules adopted
			 thereunder may file a complaint with the department.
(4) The department will evaluate or
			 investigate a complaint filed by a person under section OAR 603-095-0960(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 603-095-1000 - 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 pursuant
			 to authorities vested in the department through ORS
			 568.900-568.933. The area plan is known
			 as the North and Middle Forks John Day River Agricultural Water Quality
			 Management Area Plan.
(2) The
			 purpose of these rules is to outline requirements for landowners in the North
			 and Middle Forks John Day River 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 North and Middle Forks John Day River
			 subbasins.
(3) Failure to comply
			 with any provisions of the North and Middle Forks John Day River Agricultural
			 Water Quality Management Area Plan:
(a) Does
			 not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of 603
			 095-0010 through 603-095-1060;
(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 603-095-1020 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The North and Middle Forks John Day River
			 Agricultural Water Quality Management Area includes the area that drains into
			 the North and Middle Forks of the John Day River upstream from the confluence
			 with the mainstem John Day River near Kimberly. The physical boundaries of the
			 North and Middle Forks John Day River 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 North and Middle
			 Forks John Day River subbasins 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 (USFS and BLM) and
			 activities that are subject to the Oregon Forest Practices Act.
(3) Current productive agricultural use is
			 not required for the provisions of these rules to apply. For example, fallow
			 croplands or rested pastures 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 North and Middle Forks John Day River
			 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.
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 603-095-1040 - 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 603-095-1040 (Prevention and Control
			 Measure).
(A) A landowner or operator shall
			 be responsible for water quality resulting from conditions caused by the
			 management of the landowner or operator.
(B) Rules do not apply to conditions
			 resulting from unusual weather events or other circumstances not within the
			 reasonable control of the landowner or operator. Reasonable control of the
			 landowner means that technically sound and economically feasible measures must
			 be available to address conditions described in Prevention and Control
			 Measures.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1060 - 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 apparent 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 603-095-1060(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 603-095-1100 - 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
			 Hood River 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 Hood River 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 Hood River Agricultural Water
			 Quality Management Area to prevent and control water pollution from
			 agricultural activities and soil erosion. Compliance with Division 95 rules is
			 expected to aid in the achievement of applicable water quality standards in the
			 Hood River Agricultural Water Quality Management Area.
(3) Failure to comply with any provisions of
			 the Hood River 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
			 603-095-1160;
(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 603-095-1120 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Hood River Agricultural Water Quality
			 Management Area is comprised of the Hood River drainage and all other Oregon
			 lands draining to the Columbia River between and including Eagle Creek to the
			 west and Fir Mountain to the east. 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 Hood River
			 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.
(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 Hood River 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.
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
Stats Implemented: ORS
				  568.900 - ORS
				  568.933
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1140 - Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowners must
			 comply with OAR 603-95-1140(2) through (3) 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.