reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1900 - 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
			 Molalla/Pudding/French Prairie/North Santiam Subbasins for the prevention and
			 control of water pollution from agricultural activities and soil erosion.
			 Compliance with division 095 rules is expected to aid in the achievement of
			 applicable water quality standards in the Molalla/Pudding/French Prairie/North
			 Santiam Subbasins.
(2) It is
			 intended that the Molalla/Pudding/French Prairie/North Santiam Subbasins
			 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 Molalla/Pudding/French Prairie/North Santiam
			 Subbasins Agricultural Water Quality Management Area Plan:
(a) Does not constitute a violation of OAR
			 603-090-0000 to 603-090-0120, or of OAR 603-095-1900 to 603-095-1980;
(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 603-095-1920 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Molalla/Pudding/French Prairie/North
			 Santiam Subbasins includes the drainage areas of the Molalla, Pudding, North
			 Santiam, and Santiam Rivers. In the area known as French Prairie, all the
			 creeks and drainages between the towns of Saint Paul and Donald that flow
			 directly into the Willamette River are also part of this management area. The
			 Willamette River is the western boundary. The physical boundaries of the
			 Molalla/Pudding/French Prairie/ North Santiam Subbasins 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
			 Molalla/Pudding/French Prairie/North Santiam Subbasins 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 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 Molalla/Pudding/French Prairie/North Santiam
			 Subbasins.
(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 603-095-1940 - 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)
			 Chemigated Irrigation Water. Effective upon rule adoption. Landowners or
			 operators shall use the application of chemicals in combination with irrigation
			 water in a manner that does not adversely impact waters of the state.
(3) Surface Drainage and Irrigation Ditches.
			 Effective upon rule adoption. Construction, maintenance, and use of surface
			 drainage field ditches or surface irrigation field ditches shall cause no
			 pollutant delivery to waters of the state from soil erosion induced by
			 excessive channel slope, unstable channel cross section or placement of
			 disposed spoils.
(4) Erosion
			 Prevention and Sediment Control. Effective upon rule adoption. Soil erosion
			 rate shall not exceed five tons per acre per year between October 1 and
			 September 30 if the resulting sediment has access to and enters the waters of
			 the state. The erosion rate will be determined using standard scientific
			 methods.
(a) Visual on-site indicators for
			 erosion to surface water include sheet and rill erosion that combines to a
			 concentrated flow that runs into a waterway or road ditch, or any waters of the
			 state.
(b) Other visual indicators
			 include sediment deposition from overland flow in channels that are carrying or
			 connected to waters of the state. Field measurements may include depth of sheet
			 and rill erosion on the field and by inspection of exposed roots from soil
			 erosion.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-1960 - Voluntary Water Quality Farm Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Intent: Landowners or operators are
			 encouraged but are not required to develop and implement an Approved Voluntary
			 Water Quality Farm Plan (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 603-095-1940. 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 603-095-1940;
(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 603-095-1980 - 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 603-095-1980(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.
(c) As used in section
			 OAR 603-095-1980(4), "person" does not include any local, state or federal
			 agency.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2000 - 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
			 Upper Mainstem and South Fork John Day 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. The area plan is known
			 as the Upper Mainstem and South Fork John Day Agricultural Water Quality
			 Management Area Plan.
(2) The
			 purpose of these rules is to outline requirements for landowners in the Upper
			 Mainstem and South Fork John Day 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 Upper Mainstem and
			 South Fork John Day River Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191 & ORS
				  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 603-095-2020 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Upper Mainstem and South Fork John
			 Day River Management Area include the area that drains into the John Day River
			 upstream of Picture Gorge. The physical boundaries of the Management Area are
			 indicated on the map included as Attachment 1 of these rules.
(2) Operational boundaries for the land base
			 under the purview of these rules include all lands within the 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.
(4) The provisions and
			 requirements outlined in these rules may be adopted by reference by Designated
			 Management Agencies with appropriate authority and responsibilities in the
			 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 does
			 not occur.
Attachments referenced are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 -
				  561.191 & ORS
				  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 603-095-2040 - 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 603-095-2040(2)-(6) (Prevention and
			 Control Measures).
(A) A landowner or
			 operator shall be responsible for water quality caused only by conditions on
			 land managed by the landowner or operator.
(B) Criteria 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 603-095-2060 - 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 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 603-095-2060(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 603-095-2100 - 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
			 Southern Willamette Valley 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 Southern Willamette Valley Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Southern Willamette
			 Valley 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 Southern Willamette Valley Agricultural Water Quality
			 Management Area.
(3) Failure to
			 comply with any provisions of the Southern Willamette Valley 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 603-095-2160;
(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 603-095-2120 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Southern Willamette Valley
			 Agricultural Water Quality Management Area includes the drainage area of the
			 McKenzie River, Middle Fork of the Willamette River, Coast Fork of the
			 Willamette River, and Willamette River mainstem upstream from the confluence
			 with the McKenzie River near Eugene. The physical boundaries of the Southern
			 Willamette Valley 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 Southern
			 Willamette Valley Agricultural Water Quality Management Area in agricultural
			 use, agricultural and rural lands that are lying idle or on which management
			 has been deferred, and forest 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 Southern Willamette Valley 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 603-095-2140 - Characteristics to Achieve

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 activities conducted on land controlled by the
			 landowner. A landowner is not responsible for violations of the characteristics
			 to achieve resulting from actions by another landowner. Conditions resulting
			 from unusual weather events (equaling or exceeding a 25-year, 24-hour 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 written approval by the department.
(2) Waste: Effective upon rule adoption, no
			 person subject to these rules shall violate any provision of ORS
			 468B.025 or
			 468B.050.
(3) Riparian areas: By January 1, 2004,
			 agricultural management shall allow establishment and maintenance of vegetation
			 along perennial streams consistent with the capability of the site to provide
			 riparian functions necessary to help moderate solar heating and for streambanks
			 to withstand flows resulting from a 25-year, 24-hour storm event.
(4) Erosion and Nutrients:
(a) By January 1, 2004, soil erosion from
			 agricultural activities shall not exceed the tolerable soil loss T.
(b) By January 1, 2004, landowners or
			 operators shall prevent pollution from irrigation surface water return flow to
			 waters of the state.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2160 - 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
			 investigation 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 603-095-2160(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 603-095-2200 - 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
			 Mid Coast 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 Mid Coast Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the Mid Coast 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 Mid Coast
			 Agricultural Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191 & ORS
				  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 603-095-2220 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Mid Coast Agricultural Water Quality
			 Management Area includes the drainage area of the Salmon, Siletz, Yaquina,
			 Alsea, Yachats, Siuslaw, Siltcoos Rivers, and Tahkenitch Lake, as well as other
			 small streams between these watersheds that drain directly to the Pacific
			 Ocean. The physical boundaries of the Mid Coast 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
			 Mid Coast Agricultural Water Quality Management Area in agricultural use,
			 agricultural and rural lands that are lying idle or on which management has
			 been deferred, and forest 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 Mid Coast 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.
Stat. Auth.: ORS
				  561.190 -
				  561.191 & ORS
				  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 603-095-2240 - 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 comply with the following criteria. A landowner shall be responsible for
			 only those conditions caused by activities conducted on land controlled by the
			 landowner. A landowner is not responsible for violations of Prevention and
			 Control Measures resulting from actions by another landowner. Conditions
			 resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour
			 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.
(2) Near-Stream Management Areas. Effective
			 January 1, 2005:
(a) Agricultural activities
			 must allow for the establishment and development of riparian vegetation
			 consistent with site capability. Vegetation must be sufficient to provide the
			 following riparian functions: shade, streambank integrity during stream flows
			 following a 25-year storm event, and filtration of nutrients and
			 sediment.
(b) Exemptions:
(A) Levees and dikes are exempt from OAR
			 603-095-2240(2)(a) 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 water bodies is through pumps shall be exempt from OAR
			 603-095-2240(2)(a).
(C) Access to
			 natural waterways for stream crossings and livestock watering are allowed
			 provided OAR 603-095-2240(2)(a) is met.
(D) Legally constructed drainage and
			 irrigation ditches as defined in Division of State Lands Rules and ditches
			 subject to Division of State Lands fill-removal laws are exempt from OAR
			 603-095-2240(2).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2260 - 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
			 investigation 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 603-095-2260(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 603-095-2300 - 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 Willamette 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 Middle Willamette Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Middle Willamette
			 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 Willamette Agricultural Water Quality
			 Management Area.
Stat. Auth: ORS
				  561.190 -
				  561.191, ORS
				  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 603-095-2320 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Middle Willamette Agricultural Water
			 Quality Management Area includes the drainage area of the Marys River,
			 Luckiamute River, Ash Creek, Dixon Creek, Frazier Creek, Rickreall Creek, and
			 Glen Creek, as well as several smaller streams that drain directly to the
			 Willamette River. The physical boundaries of the Middle Willamette 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 Middle Willamette Agricultural Water Quality Management Area in
			 agricultural use, agricultural and rural lands that are lying idle or on which
			 management has been deferred, and forest 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 Middle Willamette 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 -
				  561.191, ORS
				  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 603-095-2340 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
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 activities conducted on land
				controlled by the landowner. A landowner is not responsible for violations of
				the Prevention and Control Measures resulting from actions by another
				landowner. Conditions resulting from unusual weather events (equaling or
				exceeding a 25-year, 24-hour 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 written approval by the
				department.
(1) Effective upon rule
			 adoption, no person subject to these rules shall violate any provision of ORS
			 468B.025 or
			 468B.050.
(2) By January 1, 2003, agricultural
			 activities shall allow the growth and establishment of vegetation along
			 perennial streams consistent with site capability to promote infiltration of
			 overland flow, streambank stability and provide moderation of solar heating.
			 Minimal breaks in shade vegetation for essential management activities are
			 considered appropriate.
Stat. Auth: ORS
				  561.190 -
				  561.191, ORS
				  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 603-095-2360 - 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
			 investigation 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 603-095-2360(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 603-095-2400 - 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
			 South Santiam 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 South Santiam Agricultural Water Quality Management Area Plan.
(2) The purpose of these rules is to outline
			 requirements for landowners in the South Santiam 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 South
			 Santiam Agricultural Water Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  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 603-095-2420 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The South Santiam Agricultural Water
			 Quality Management Area includes the drainage area of the South Santiam River,
			 Calapooia River, and several smaller streams that drain directly to the
			 Willamette River. The physical boundaries of the South Santiam 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 South Santiam Agricultural Water Quality Management Area in
			 agricultural use, agricultural and rural lands that are lying idle or on which
			 management has been deferred, and forest 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 South Santiam 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 -
				  561.191, ORS
				  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 603-095-2440 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
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 activities conducted on land
				controlled by the landowner. A landowner is not responsible for violations of
				the Prevention and Control Measures resulting from actions by another
				landowner. Conditions resulting from unusual weather events (equaling or
				exceeding a 25-year, 24-hour 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 written approval by the
				department.
(1) Effective upon rule
			 adoption, no person subject to these rules shall violate any provision of ORS
			 468B.025 or
			 468B.050.
(2) By January 1, 2003, agricultural
			 activities along perennial streams shall allow for the establishment and
			 maintenance of riparian vegetation consistent with site capability that
			 promotes infiltration of overland flows, moderation of solar heating, and
			 streambank stability.
(a) Minimal breaks in
			 shade vegetation for essential management activities are considered
			 appropriate.
(b) Management within
			 the riparian area is allowed provided it does not compromise achieving the
			 conditions described in (1)(b).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-2460 - 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
			 investigation 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 603-095-2460(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 603-095-2500 - 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 Middle John Day Agricultural Water Quality Management Area
			 Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Middle John Day
			 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.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  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 603-095-2520 - Geographic and Programmatic Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Middle John Day Agricultural Water
			 Quality Management Area includes the area that drains into the John Day River
			 between the Wheeler-Gilliam county line and the upstream end of Picture Gorge.
			 The physical boundaries of the Middle John Day Agricultural Water Quality
			 Management Area are indicated on the map included as an attachment to these
			 rules.
(2) Operational boundaries
			 for the land base under the purview of these rules include all agricultural and
			 rural lands within the Middle John Day Agricultural Water Quality Management
			 Area 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) 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.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  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 603-095-2540 - Prevention and Control Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Limitations: All landowners or operators conducting activities on agricultural
			 and rural lands are provided the following exemptions from the requirements of
			 OAR 603-095-2540 (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) Rules do not apply to conditions
			 resulting from unusual weather events or other circumstances not within the
			 reasonable control of the landowner or operator. Within the 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.
(c) The
			 Department may 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 603-095-2560 - 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 complain, 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 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 603-095-2560(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 603-095-2600 - 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
			 Upper Willamette and Upper Siuslaw 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 Upper Willamette and Upper Siuslaw Agricultural Water Quality Management
			 Area Plan.
(2) The purpose of these
			 rules is to outline requirements for landowners in the Upper Willamette and
			 Upper Siuslaw 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 Upper Willamette and Upper Siuslaw Agricultural Water
			 Quality Management Area.
Stat. Auth.: ORS
				  561.190 -
				  561.191, ORS
				  568.912
Stats. Implemented: ORS
				  568.900 -
				  568.933