Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF AGRICULTURE

 

DIVISION 95

AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM

603-095-0010

Definitions

Unless otherwise required by the context, as used in this Division:

(1) "Active Channel Erosion" means gullies or channels which at the largest dimension have a cross sectional area of at least one square foot and which occur at the same location for two or more consecutive years.

(2) "Adequate vegetative buffer" means an area that is maintained in vegetative cover that maintains at least 70 percent ground cover.

(3) "Agency of this state" has the meaning given in ORS 568.210(1).

(4) "Agricultural use" means the use of land for the raising or production of livestock or livestock products, poultry or poultry products, milk or milk products, fur-bearing animals; or for the growing of crops such as, but not limited to, grains, small grains, fruit, vegetables, forage grains, nursery stock, Christmas trees; or any other agricultural or horticultural use or animal husbandry or any combination thereof. Wetlands, pasture, and woodlands accompanying land in agricultural use are also defined as in agricultural use.

(5) "Agricultural Water Quality Management Area Plan" or "area plan" means a plan for the prevention and control of water pollution from agricultural activities and soil erosion in a management area whose boundaries have been designated under ORS 568.909.

(6) "Approved Voluntary Water Quality Farm Plan" or "approved voluntary plan" means a Voluntary Water Quality Farm Plan which has been developed according to standards and specifications developed by the department and which has been approved by the Local Management Agency with jurisdiction in the area for which the plan was developed.

(7) "Best Management Practice" means a practice, or combination of practices, that is determined to be the most effective practicable (including technological, economical, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. Best Management Practices may include structural and nonstructural practices, conservation practices, and operation and maintenance procedures.

(8) "Confined Animal Feeding Operation" has the meaning given in ORS 468.687.

(9) "Department" means the state Department of Agriculture.

(10) "Designated Management Agency" means a public agency which possesses the legal authority, technical competence, organizational ability, and financial resources to carry out all or part of the nonpoint source control program as stipulated in an agreement with the Department of Environmental Quality

(11) "District" or "soil and water conservation district" has the meaning given in ORS 568.210.

(12) "Erosion, soil" means the general process by which soils are removed from the surface of the land by the action of water, wind, ice, or gravity.

(13) "Erosion rate, sheet and rill" means the annualized amount of soil material lost from a field or parcel of land due to sheet and rill erosion, expressed in tons of soil eroded per acre per year, and calculated according to the Universal Soil Loss Equation (USLE) or the Revised Universal Soil Loss Equation (RUSLE).

(14) "Erosion, rill" means an erosion process in which numerous small channels only several inches deep are formed and which occurs mainly on recently disturbed soils. The small channels formed by rill erosion would be obliterated by normal smoothing or tillage operations.

(15) "Erosion, sheet" means the removal of a fairly uniform layer of soil from the land surface by runoff water.

(16) "Erosion, streambank" means erosion within a perennial stream or river which is caused by the action of water flowing in a concentrated stream acting against the soil confining its flow.

(17) "Excessive soil loss" means soil loss that is greater than the standards set forth in Oregon Administrative Rules adopted by the Oregon Department of Agriculture to implement any Agricultural Water Quality Management Area Plan adopted pursuant to ORS 568.900 through 568.933. Excessive soil loss may be evidenced by sedimentation on the same parcel of land, on adjoining land, in wetlands or a body of water, or by ephemeral, active channel, or streambank erosion; or by calculations using the USLE or RUSLE showing soil loss exceeding the soil loss tolerance factor.

(18) "Field Office Technical Guide" means the localized document currently used by the soil and water conservation district and developed by the United States Department of Agriculture, Natural Resources Conservation Service which provides:

(a) Soil descriptions;

(b) Sound land use alternatives;

(c) Adequate conservation treatment alternatives;

(d) Standards and specifications of conservation practices;

(e) Conservation cost-return information;

(f) Practice maintenance requirements;

(g) Soil erosion prediction procedures; and

(h) A listing of local natural resource related laws and regulations.

(19) "Formal complaint" means a complaint against a landowner or operator alleging a violation of a requirement of any Water Quality Management Area Plan adopted pursuant to ORS 568.900 through 568.933 at a specific site. The complaint shall be submitted in writing stating the nature and location of the violation and shall be filed with the department or by agreement with the department, with the Local Management Agency with jurisdiction over the site in question.

(20) "Highly erodible lands" means soils with a potential erodibility of eight times the soil loss tolerance factor.

(21) "Informal complaint" means a water pollution complaint, not formally filed with the department.

(22) "Irrigation water discharge" means the release of irrigation return flows to surface waters.

(23) "Land disturbing activity" means any activity not directly related to general farming resulting in a disturbance of the natural condition or vegetative covering of the earth's surface.

(24) "Landowner" includes any landowner, land occupier or operator as defined in ORS 568.903.

(25) "Load allocation" has the meaning given in OAR 340-041-0006(19).

(26) "Local Management Agency" means any agency of this state, including but not limited to a soil and water conservation district, which has been designated by the department through an interagency agreement to undertake activities within a management area whose boundaries have been designated under ORS 568.909.

(27) "Near-stream management area" means the area extending 25 feet as measured along the ground surface from the top of the streambank of a perennial stream or river, or the ordinary high-water mark of a pond or a lake.

(28) "Nonpoint sources" has the meaning given in OAR 340-041-0006(17).

(29) "Operator" has the meaning given in ORS 568.900(2).

(30) "Ordinary high-water mark" means the point on the streambank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other recognizable characteristics.

(31) "Pasture" means land with a permanent, uniform cover of grasses or legumes used for providing forage for livestock. A pasture does not include any area where supplemental forage feeding is provided on a regular basis.

(32) "Perennial stream" means a natural channel in which water flows continuously and which is shown on a United States Geological Survey quadrangle map.

(33) "Point source pollution" means water pollution which emanates from a clearly identifiable discharge point.

(34) "Pollution" or "water pollution" has the meaning given in ORS 468B.005(3).

(35) "Prohibited condition" means a condition of the land which is not allowed under division 95 rules.

(36) "Riparian vegetation" means plant communities consisting of plants dependent upon or tolerant of the presence of water near the ground surface for at least part of the year.

(37) "Runoff" means the portion of rainfall, other precipitation, or irrigation water that leaves a location in the form of surface water.

(38) "RUSLE" means the Revised Universal Soil Loss Equation, which is a method used to estimate soil loss by sheet, rill, and wind erosion.

(39) "Sediment" means soil particles, both mineral and organic, that are in suspension, are being transported, or have been moved from the site of origin by flowing water or gravity.

(40) "Sewage" has the meaning given in ORS 468B.005(4).

(41) "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.

(42) "Soil" means unconsolidated mineral or organic material that overlies bedrock, on the immediate surface of the earth, that serves as a medium for the growth of plants.

(43) "Soil disturbing activity" means any agricultural use resulting in a disturbance of the natural condition of vegetative surface or soil surface exceeding 10,000 square feet in area, including, but not limited to tilling, clearing, grading, excavating, grazing, and feedlot usage, but not including such minor land disturbing activities as home gardens and individual landscaping and maintenance.

(44) "Soil loss" means soil moved from a given site by the forces of erosion and redeposited at another site, on land or in a body of water.

(45) "Soil loss tolerance factor" or "T" means maximum average annual amount of soil loss from erosion, as estimated by the Universal Soil Loss Equation (USLE) or the Revised Universal Soil Loss Equation (RUSLE), and expressed in tons per acre per year, that is allowable on a particular soil. This represents the tons of soil (related to the specific soil series) which can be lost through erosion annually without causing significant degradation of the soil or potential for crop production.

(46) "Streambank" means the boundary of protected waters and wetlands, or the land abutting a channel at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For perennial streams or rivers, the streambank shall be at the ordinary high-water mark.

(47) "Surface drainage field ditch" is a graded ditch for collecting excess water in a field.

(48) "Total Maximum Daily Load" or "TMDL" has the meaning given in OAR 340-041-0006(21).

(49) "USLE" means the Universal Soil Loss Equation, which is a method used to estimate soil loss by sheet, rill, and wind erosion.

(50) "Vegetative cover" means grasses or other low growing plants grown to keep soil from being blown or washed away.

(51) "Voluntary Water Quality Farm Plan" or "voluntary plan" means a plan for the prevention or control of water pollution from agricultural activities and soil erosion for an individual landowner.

(52) "Wasteload allocation" or "WLA" has the meaning given in OAR 340-041-0006(20).

(53) "Wastes" has the meaning given in ORS 468B.005(7) and includes but is not limited to commercial fertilizers, soil amendments, composts, animal wastes, vegetative materials or any other wastes.

(54) "Waste discharge" or "waste discharges" means the discharge of waste, either directly or indirectly, into waters of the state.

(55) "Water" or "waters of the state" has the meaning given in ORS 468B.005(8).

(56) "Water quality limited" has the meaning given in OAR 340-041-0006(30).

(57) "Woodland" means an area with a stand of trees that has a canopy cover as shown on the most recent aerial photographs of at least 50 percent, being at least one acre in size and having a minimum width measured along the ground surface of at least 132 feet.

Stat. Auth.: ORS 561.190 & ORS 568.909
Stats. Implemented: ORS 561.190 & ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96; DOA 22-1999, f. & cert. ef. 10-6-99; DOA 23-1999, f. & cert. ef. 10-6-99

603-095-0020

General Purpose

(1) These rules have been developed to effectuate the implementation of water quality management area plans pursuant to authorities vested in the department through ORS 568.900-568.933.

(2) The purpose of these rules is to outline requirements for landowners conducting agricultural activities in areas for which the department designates boundaries for the purpose of developing and implementing a water quality management area plan pursuant to ORS 568.900-568.933.

Stat. Auth.: ORS 561.020, ORS 561.190 & ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

603-095-0030

General Policies

It is the policy of the department that:

(1) Cooperation between private and public entities be encouraged during implementation of agricultural water quality management area plans for the prevention and control of water pollution from agricultural activities and soil erosion;

(2) Voluntary adoption of best management practices to prevent or control water pollution from agricultural activities and soil erosion be encouraged through education programs, demonstration projects, and availability of technical assistance; and

(3) Enforcement action to achieve compliance with water quality management area plans and rules be pursued only when reasonable attempts at voluntary solutions have failed.

Stat. Auth.: ORS 561.140 & ORS 561.190
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

603-095-0040

Appeals

Any appeals of specific actions required of a landowner or operator by the department under division 095 rules shall be pursued according to the provisions of the appeals process in OAR 603-090-0040.

Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.912
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

Tualatin River Subbasin

603-095-0100

Purpose

(1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Tualatin River subbasin pursuant to authorities vested in the department through ORS 568.900-568.933, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Tualatin River Subbasin Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Tualatin River subbasin, for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 095 rules is expected to aid in the achievement of applicable water quality standards in the Tualatin River subbasin.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

603-095-0120

Geographic and Programmatic Scope

(1) The Tualatin River subbasin includes the drainage area of the Tualatin River upstream from the confluence with the Willamette River near West Linn. The physical boundaries of the Tualatin River 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 Tualatin River subbasin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use or profitability is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Tualatin River subbasin.

(5) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: The Appendix referenced in this rule is not printed in the OAR Compliation. Copies are available from the agency.]

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

603-095-0140

Prohibited Conditions

All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A land occupier shall be responsible for only those prohibited conditions caused by activities conducted on land managed by the landowner or occupier. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. These rules are effective upon adoption unless otherwise indicated.

(1) Sheet and rill erosion: No agricultural land management or soil disturbing activities shall be conducted in such a way that the estimated sheet and rill erosion rate exceeds the soil loss tolerance factor.

(2) Active channel erosion: no agricultural land management or soil disturbing activity shall cause active channel erosion. A land occupier shall be responsible for only that portion of the active channel erosion that is caused by agricultural land management or soil disturbing activities conducted on land managed by the landowner or occupier.

(3) Near-Stream management area:

(a) No agricultural land management or soil disturbing activities within near-stream management areas in agricultural use shall be conducted in a manner that results in the placement or delivery of suspended solids (i.e., nutrients, soil, sediment, manure) into waters of the state. The technical standards to be used to determine compliance with OAR 603-095-0140(3)(a) are:

(A) The affected landowner shall establish and maintain an adequate vegetative buffer, or an equally effective pollution control practice, in the near-stream management area. When a vegetative buffer is established, the plant variety or seed mixture shall be one of those listed in field office technical guide standard 342 (Critical area planting). If any activity disturbs a vegetative buffer in the stream management area, the landowner shall replant or restore the disturbed area to an adequate vegetative buffer as soon as practicable.

(B) Pastures shall comply with field office technical guide standard 528A Prescribed grazing.

(C) Livestock barnyards, feedlots, drylots and other non-pasture areas cannot be located within the near-stream management area unless a barnyard runoff control system meeting field office technical guide standard 312 (Waste management system) is installed and maintained.

(D) Agricultural lands within the near-stream management area that receive manure and other nutrients through application of sludge, commercial fertilizer and other added nutrient inputs shall meet field office technical guide standard 590 (Nutrient management).

(b) Field office technical guide standards referred to in OAR 603-095-0140(3)(a) are those standards that are current as of the date of the adoption of these rules. Copies shall be made available to the public upon request to the department through its central office location.

(c) A landowner shall not be considered out of compliance with OAR 603-095-0140(3)(a) and 603-095-0140(4) if the department determines that a failure to meet the standards is a result of land use or actions by another landowner.

(d) Except for operations governed by the Forest Practices Act, no activities related to the conversion of woodland to non-woodland agricultural uses that require removal of the majority of woody material from a parcel of land such that the land no longer meets the definition of woodland, shall be conducted in a manner which results in the placement of soil, the delivery of sediment, the initiation or aggravation of streambank erosion, or compromises the conditions described in 603-095-0140(3)(a) and 603-095-0140(4).

(e) Limited duration activities related to construction, restoration, or maintenance may be exempted from OAR 603-095-0140(3) subject to prior written approval by the department.

(4) Stream Temperature: By January 1, 2005 agricultural activities along a perennial stream must allow for the natural or managed regeneration and growth of vegetation, consistent with the site capability, that is adequate after sufficient growth, to provide erosion control, streambank stability, and minimization of direct solar heating.

(a) Minimal breaks in shade vegetation for essential management activities are allowed.

(b) Management within the vegetated area is allowed provided it does not compromise achieving the conditions described in 603-095-0140(3)(a) and 603-095-0140(4).

(c) Drainage and irrigation ditches subject to ORS 196.600 to 196.905 (Removal Fill laws) are exempt from 603-095-0140(4).

(5)(a) Irrigation water discharges: no activities shall result in irrigation water discharges to waters of the state during the period May 1 through October 31 annually, except as provided in OAR 603-095-0140(5)(b).

(b) Irrigation water discharges may be allowed upon submittal and written approval by the department of a monitoring program to be conducted by the landowner or operator. Such monitoring program shall provide reasonable assurance that the quality of the irrigation water discharge meets all applicable water quality standards.

(6) Waste discharges:

(a) No person conducting agricultural land management or earth disturbing practices shall cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.

(b) No person conducting agricultural land management or earth disturbing practices shall discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

(c) No person conducting agricultural land management or earth disturbing practices shall violate the conditions of any waste discharge permit issued under ORS 468B.050.

Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96; DOA 3-2004, f. & cert. ef. 1-23-04

603-095-0160

Voluntary Water Quality Farm Plans

(1) Content: Voluntary Water Quality Farm Plans shall be designed to meet criteria in OAR 603-095-0140. At a minimum, Voluntary Water Quality Farm Plans shall include the following information:

(a) General components:

(A) Such maps, aerial photographs, and soil survey, water resource and other natural resource inventory information which may be necessary to develop a Voluntary Water Quality Farm Plan. Such items shall be included to the extent that the information is pertinent and necessary in the formulation of the Voluntary Water Quality Farm Plan to assure it achieves the criteria in OAR 603-095-0140.

(B) A list of fields, crops grown (including typical rotation), and other land uses, with the area in acres for each field or land use; and

(C) Any agreements entered into by the landowner or operator involving any agency providing technical or financial assistance in the completion of the best management practices included in the Voluntary Water Quality Farm Plan.

(b) Depending on the nature of the operation, any or all of the following specific components shall be included in the Voluntary Water Quality Farm Plan. If any of the components do not apply to the operation, the plan shall indicate as such:

(A) Sheet and rill erosion component: a detailed list of proposed practices for each field or land use, showing the Field Office Technical Guide number (as available) for each practice and the date of application, and the estimated rate of soil loss before and after application of the practices for each field.

(B) Active channel erosion component: a detailed list of proposed practices for each field or land use, showing the Field Office Technical Guide number (as available) for each practice and the date of application, and the estimated rate of soil loss before and after application of the practices for each field.

(C) Near-stream management area component:

(i) A list of activities conducted in the near-stream management area; and

(ii) A detailed list of proposed practices for each field or area, showing the Field Office Technical Guide number (as available), and indicating the date of application.

(D) Irrigation discharge component:

(i) Irrigation water: source of water, amount of water used, how it is applied, and how it is stored;

(ii) Drainage system: indicate whether the drainage system is open or closed;

(iii) A list of proposed practices and measures taken to prevent discharge, and indicating the date of application.

(iv) Plans filed with the department pursuant to letters of intent submitted by operators of container nurseries may serve to meet the requirements of the irrigation discharge component of a Voluntary Water Quality Farm Plan, provided that such plans meet other requirements under section (1) and (2) of this rule.

(E) Waste discharge component:

(i) Nature of the waste material;

(ii) Estimated volume of waste handled quarterly;

(iii) Specifications and procedures for waste collection, handling, retention, storage, treatment, and disposal;

(iv) A list of measures taken to prevent discharge, and indicating the date of application.

(2) Preparation:

(a) The landowner or operator may arrange with a Local Management Agency to prepare a Voluntary Water Quality Farm Plan, or may prepare the plan with assistance, or may contract with another person or agency to prepare the plan. If the plan is not prepared by the Local Management Agency:

(A) The Local Management Agency may require certification by a professional soils scientist or soils conservationist, or a registered professional engineer that it meets the standards of the technical guide for conservation plans, and that completion of the best management practices included in the plan will enable the land owner or operator to meet the criteria in OAR 603-095-0140; or

(B) The Local Management Agency may require proof from the preparer of the plan that he or she is qualified to prepare such a plan.

(b) The Local Management Agency may require such additional documentation as is necessary to identify in detail the best management practices listed.

(3) Implementation schedule: Any portion of a Voluntary Water Quality Farm Plan designed to meet the criteria in OAR 603-095-0140 shall allow the owner or operator to phase in installation of best management practices until compliance with OAR 603-095-0140 is accomplished.

(4) Approval:

(a) The Local Management Agency shall approve or disapprove Voluntary Water Quality Farm Plans and plan amendments at its regularly scheduled meeting and shall maintain a record of its actions as part of the meeting minutes. Approved Voluntary Water Quality Farm Plans and plan amendments shall be signed by the chair or the chair's designee. All approved voluntary plans shall meet the criteria in OAR 603-095-0140 and the criteria for plan preparation contained in section (1) and (2) of this rule.

(b) In the event that the Local Management Agency finds that a Voluntary Water Quality Farm Plan or a plan amendment does not meet the criteria in OAR 603-095-0140 or the criteria for plan preparation contained in sections (1) and (2) of this rule, the Local Management Agency shall provide a written explanation, by certified mail, to the landowner or operator who submitted the plan, listing all the deficiencies to be corrected.

(c) Unless the Local Management Agency determines that a more frequent review is necessary, any Voluntary Water Quality Farm Plans or plan amendments approved by a Local Management Agency under subsection (a) of this section shall be approved for a period of three years. At the end of the approval period, if the landowner or operator wants to continue the Voluntary Water Quality Farm Plan or any plan amendments, the Local Management Agency shall review the plan or plan amendment as provided in section (4) of this rule.

(5) Appeal:

(a) Any landowner or operator may request reconsideration of the Local Management Agency's decision to disapprove a Voluntary Water Quality Farm Plan or a plan amendment by submitting a request for a hearing before the next regularly scheduled Local Management Agency meeting. If an appeal is filed, the Local Management Agency shall reconsider its decision at its next regularly scheduled meeting and may either affirm, modify or reverse its previous decision. The purpose of the hearing shall be to present relevant information or evidence that the Local Management Agency's action was not based on an appropriate or adequate evaluation of the voluntary plan or plan amendment. The Local Management Agency shall maintain a record of its action regarding reconsideration as part of the meeting minutes.

(b) A landowner or operator may appeal the Local Management Agency's denial of reconsideration within seven days of the date of the reconsideration decision by filing a hearing request with the department. If the landowner or operator appeals within the prescribed period, the department shall notify the Local Management Agency. The Local Management Agency shall forward its action and rationale to the department within seven days of such notification.

(c) Within seven days of a Local Management Agency's denial of an appeal by a landowner or operator, the Local Management Agency shall notify the department of its action and rationale.

(d) Within 30 days of receiving an appeal request, the department shall schedule a hearing between the landowner or operator, a designated representative of the Local Management Agency, and a representative of the department. The purpose of the hearing shall be to review the Local Management Agency's reconsideration decision. If the representatives of the department and the Local Management Agency can reach agreement, they shall forward a joint recommendation to the Local Management Agency for approval at its next regularly scheduled meeting. The Local Management Agency shall maintain a record of its action as part of its meeting minutes.

(e) If the representatives of the department and the Local Management Agency cannot agree on a joint recommendation, the department may approve or disapprove the Voluntary Water Quality Farm Plan or plan amendment. The department shall forward a copy of its approval decision to the Local Management Agency.

(6) Amendments to an existing plan: Any amendments to an existing Voluntary Water Quality Farm Plan shall be approved by the Local Management Agency in accordance with sections (4) and (5) of this rule.

Stat. Auth.: ORS 561.400 & ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

603-095-0180

Complaints and Investigations

(1) To be considered as a formal complaint, any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of OAR 603-095-0140 shall do so by filing a written complaint with the department. The complaint shall be signed and dated by the complainant and shall:

(a) Indicate the location and description of:

(A) The property and/or waters of the state allegedly being damaged or impacted; or

(B) The property allegedly being managed under conditions violating criteria described in OAR 603-095-0140.

(b) Indicate the nature and extent of damage; and

(c) Identify the alleged sources of pollution.

(2) Each formal complaint shall be evaluated in accordance with the criteria in OAR 603-095-0140 to determine whether an investigation is warranted.

(3) Action initiated by the department: when the department finds an apparent occurrence of agricultural pollution through its own observation, through notification by another agency, or through a formal complaint from an individual, the department shall inform the appropriate Local Management Agency in writing of:

(a) The location and nature of the occurrence;

(b) The location and description of the agricultural operation alleged to be causing the pollution occurrence or where prohibited conditions are alleged to have occurred; and

(c) The nature and extent of damage, if known.

(4) Action by a Local Management Agency

(a) Formal complaints:

(A) By written agreement with the department, the Local Management Agency may receive formal complaints and evaluate and investigate them on behalf of the department;

(B) A Local Management Agency which is authorized by the department to evaluate and investigate formal complaints shall evaluate the formal complaint and investigate it in a timely manner, if warranted. Within 30 days of receipt of a formal complaint, the Local Management Agency also shall inform the department of the status of its investigation of the complaint and provide any information relevant to it;

(C) In the event the Local Management Agency is unable to investigate a formal complaint as per section (2) of this rule, the Local Management Agency shall request assistance from the department. The department shall investigate the complaint.

(b) Informal complaints:

(A) By written agreement with the department, the Local Management Agency may receive informal complaints and investigate them on behalf of the department;

(B) Within 30 days of receipt of an informal complaint, the Local Management Agency also shall inform the department of the status of its investigation of the complaint and provide any relevant information to it.

(5) Actions based on investigation findings:

(a) If the department determines that a violation of OAR 603-095-0140 has occurred and an approved Voluntary Water Quality Farm Plan exists and the operator is making a reasonable effort to comply with the plan:

(A) The department shall inform the landowner and the Local Management Agency of the non-compliance with OAR 603-095-0140; and

(B) The department shall acknowledge the existence of the Voluntary Water Quality Farm Plan and direct the landowner to seek appropriate technical assistance and revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) If the department determines that a violation of OAR 603-095-0140 has occurred and an approved Voluntary Water Quality Farm Plan exists and the operator is not making a reasonable effort to comply with the plan; or

(c) If the department determines that a violation of OAR 603-095-0140 has occurred and an approved Voluntary Water Quality Farm Plan does not exist; or

(d) If the department determines that a landowner has not revised a plan per paragraph (a)(B) of this section within the time specified by the department:

(A) The landowner shall be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120; and

(B) The department shall inform the Local Management Agency of its determination that a violation has occurred.

Stat. Auth.: ORS 568.915, ORS 568.918 & ORS 568.933
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: AD 3-1996, f. & cert. ef. 4-9-96

Umatilla River Subbasin

603-095-0300

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Umatilla Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900-568.933 and 561.190-561.191. The area plan is known as the Umatilla Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Umatilla Agricultural Water Quality Management Area for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Umatilla Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-1999 f. & cert. ef. 10-6-99; DOA 22-2006, f. & cert. ef. 12-21-06

603-095-0320

Geographic and Programmatic Scope

(1) The Umatilla Agricultural Water Quality Management Area includes all land that drains into the Umatilla River and all land in Oregon that drains directly to the Columbia River between the Umatilla River and the Walla Walla River. The physical boundaries of the Umatilla Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Umatilla Agricultural Water Quality Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies (e.g., U.S. Forest Service, U.S. Fish and Wildlife Service), lands which make up the Reservation of the Confederated Tribes of the Umatilla, and activities which are subject to the Forest Practices Act.

(3) The provisions of these rules apply to all agricultural and rural land whether or not in current productive agricultural use.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Umatilla Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Appendix referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-1999 f. & cert. ef. 10-6-99; DOA 22-2006, f. & cert. ef. 12-21-06

603-095-0340

Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use must be in compliance with the following rules. A landowner is responsible for only those conditions caused by activities conducted on land managed by the landowner or operator. Rules will be applied with consideration of agronomic and economic impacts.

(a) These rules do not apply to conditions resulting from unusual weather events or other exceptional circumstances.

(b) Temporary exceptions to the rules are allowed when a specific integrated pest management plan is in place to deal with certain weed, insect pest, or disease problems.

(c) Unless otherwise indicated, the rules below become effective on January 1, 2008.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Soil Erosion and Sediment Control Landowners must control upland soil erosion using technically sound and economically feasible methods.

(a) Landowners must control active channel (gully) erosion to protect against sediment delivery to streams.

(b) On croplands, a landowner may demonstrate intent to comply with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (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.

(c) On rangelands, a landowner may demonstrate intent to comply with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources;

(B) Maintaining sufficient live vegetation cover and plant litter to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

(d) Private roads that traverse rural lands or roads used for agricultural activities must be constructed and maintained such that road surfaces, fill and associated structures are designed and maintained to limit contributing sediment to waters of the state. All roads on agricultural lands not subject to the Oregon Forest Practices Act (OFPA) are subject to this regulation. Homesteads and other non-crop areas must be laid out and managed in a manner that controls soil erosion and prevents delivery of sediments to the stream. Stream crossings, with or without culverts or bridges, must be kept to a minimum, and must be installed and maintained to prevent sediment delivery to the stream. Agricultural lands must be managed to prevent runoff of sediment to public road drainage systems.

(4) Stream-side Area Management:

(a) Agricultural land management activities must not cause streambank instability.

(b) Agricultural land management near streams must include establishment and maintenance of riparian vegetation, vegetative buffers, filter strips, sediment retention structures, or equally effective water pollution control practices, placed so as to prevent sediment, thermal and other pollution of waters of the state.

(c) When establishment or reestablishment of crops occurs near waters of the state during the growing season (March through October), cropping and management systems must be employed that prevent erosion. An adequate vegetative buffer or equally effective erosion control practice must be provided during the winter months (November through March).

(5) Livestock Management:

(a) Pastures and rangeland must be managed to prevent sediment, nutrient and bacterial contributions to waters of the state. Adequate vegetative buffers or filter strips must be installed and maintained, and vegetative cover must be maintained or restored after use as needed to control contaminated runoff or weed infestations. Where appropriate, waste management systems must be installed to collect, store and utilize animal wastes.

(b) Barnyards, feedlots, drylots, confinement and non-pasture areas, and other livestock facilities located near waters of the state must employ an adequate runoff control system, or an equally effective pollution control practice. Where necessary to prevent waste delivery, waste management systems must be installed to collect, store and utilize animal wastes.

(c) Grazing must be done in a manner that does not degrade waters of the state or negatively impact the stability of streambanks. Grazing management systems must be applied that allow for recovery of plants and leaves adequate vegetative cover to ensure streambank stability, reduce sediments entering the stream, and provide stream-side shading consistent with the site. The grazing management system must maintain or develop the desired vegetative cover.

(6) Irrigation Management:

(a) Irrigation systems must be designed and operated to prevent runoff of potential contaminants. Irrigation scheduling must consider such factors as soil conditions, crop, climate and topography.

(b) Overland return flows from irrigation must be managed to prevent the delivery of pollution including water temperature increases to waters of the state.

(7) Nutrient and Farm Chemical Management:

(a) Crop nutrient applications, including manure, sludge and commercial fertilizers, must be done at a time and in a manner that does not pollute waters of the state.

(b) Nutrients and farm chemicals must be stored in a location and condition that makes them unlikely to be carried into the waters of the state by any means.

(8) Channel and Drain Management Whenever major construction, reconstruction or maintenance occurs in ditches and water channels, exclusive of perennial and intermittent streams, they must be designed and maintained with a capacity to handle a greater than normal runoff event with a minimum likelihood of bank erosion or erosion impacts on nearby land areas.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-1999 f. & cert. ef. 10-6-99; DOA 22-2006, f. & cert. ef. 12-21-06

603-095-0380

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0380(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-0380(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0380, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, that landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-1999 f. & cert. ef. 10-6-99; DOA 22-2006, f. & cert. ef. 12-21-06

Upper Grande Ronde River Subbasin

603-095-0400

Purpose

(1) These rules have been developed to effectuate the implementation of a water quality management area plan for the Upper Grande Ronde River subbasin pursuant to authorities vested in the department through ORS 568.900 – 568.933, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Upper Grande Ronde River Subbasin Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Upper Grande Ronde River subbasin, for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Upper Grande Ronde River subbasin.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 23-1999, f. & cert. ef. 10-6-99

603-095-0420

Geographic and Programmatic Scope

(1) The Upper Grande Ronde River subbasin includes the drainage area of the Grande Ronde River from the headwaters to its confluence with the Wallowa River. The physical boundaries of the Upper Grande Ronde River subbasin are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Upper Grande Ronde River subbasin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of activities which are subject to the Forest Practices Act and to the lands of USDA Forest Service and USDI Bureau of Land Management.

(3) Current productive agricultural use or profitability is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Upper Grande Ronde River subbasin.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 23-1999, f. & cert. ef. 10-6-99

603-095-0440

Prohibited Conditions

All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A land occupier shall be responsible for only those prohibited conditions caused by activities conducted on land managed by the landowner or occupier. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated. Limited duration activities may be exempted from these conditions subject to prior approval by the department.

(1) Soil erosion: By January 1, 2003:

(a) No agricultural land management or soil disturbing activity shall cause sheet or rill erosion in excess of the soil loss tolerance factor (T) on cropland, and no agricultural land management or soil disturbing activity shall cause active channel erosion that delivers sediment directly into the waters of the state; or

(b) No agricultural land management or soil disturbing activity shall exceed an alternative standard, approved by the Department, that assures protection of water quality; or

(c) No agricultural land management or soil disturbing activity shall cause a discharge of sediment to the waters of the state in excess of water quality standards.

(2) By January 1, 2003, no agricultural land management or soil disturbing activity shall cause streambanks to breakdown, erode, tension-crack, shear or slump beyond the level that would be anticipated from natural disturbances given existing hydrologic characteristics.

(3) By January 1, 2003, nutrient application rates and timing shall not exceed specific crop requirements. Crop requirements will be based on recommendations from the best available data applicable to a specific site.

(4) By January 1, 2003, construction and maintenance of surface drainage field ditches shall not result in sediment delivery to waters of the state from soil erosion caused by excessive channel slope, unstable channel cross-section or placement of disposed soils.

(5) By January 1, 2003, agricultural activities shall allow the development of riparian vegetation to control water pollution by providing control of erosion, filtering of sediments and nutrients, moderation of solar heating, and infiltration of water into the soil profile. Evaluation of riparian vegetation development will consider site specific capabilities and anticipated levels of natural disturbance. Where cropping or resource protection activities have occurred, an adequate vegetative buffer or equally effective pollution control practice must be in place.

(6) Waste discharges: Effective upon adoption of these rules:

(a) No person conducting agricultural land management or earth disturbing practices shall cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.

(b) No person conducting agricultural land management or earth disturbing practices shall discharge any wastes into any waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule by the Environmental Quality Commission.

(c) No person conducting agricultural land management or earth disturbing practices shall violate the conditions of any waste discharge permit issued pursuant to ORS 468B or ORS 568.

Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 23-1999, f. & cert. ef. 10-6-99

603-095-0460

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an apparent occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will not evaluate or investigate a complaint filed by a person under section (3) unless the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The property and/or waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section (4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0460, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) Actions based on investigation findings: If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner shall be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 23-1999, f. & cert. ef. 10-6-99

Yamhill River Subbasin

603-095-0500

Purpose

(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.

(3) Nothing in the Yamhill River Subbasin Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-0500 to OAR 603-095-0560.

(4) The purpose of these rules is to outline requirements for landowners in the Yamhill River Subbasin for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with Division 095 rules is expected to aid in the achievement of applicable water quality standards in the Yamhill River Subbasin.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2000, f. & cert. ef. 7-12-00

603-095-0520

Geographic and Programmatic Scope

(1) The Yamhill River Subbasin includes the drainage area of the Yamhill River upstream from the confluence with the Willamette River near Dayton. The Chehalem Creek drainage basin and a few other small creeks in Yamhill County which directly feed the Willamette River are also included. The physical boundaries of the Yamhill River Subbasin are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Yamhill River Subbasin in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of lands which make up the Reservation of the Confederated Tribes of Grand Ronde and activities which are subject to the Forest Practices Act.

(3) Current agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Yamhill River Subbasin.

(5) For lands in agricultural use within other Designated Management Agency or state agency jurisdictions, the Department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2000, f. & cert. ef. 7-12-00

603-095-0540

Prevention and Control Measures

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.

(2) Landowners or occupiers shall not apply irrigation water in a manner that results in irrigation water discharge entering waters of the state.

(a) Indicator of non-compliance is irrigation water discharge entering waters of the state.

(3) Placement, Delivery, or Sloughing of Wastes:

(a) Effective upon adoption of these rules,

(A) Except as provided in ORS 468B.050, no person conducting agricultural land management shall:

(i) Cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to be carried into the waters of the state by any means.

(ii) Discharge any wastes into any waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

(B) No person shall violate the conditions of any waste discharge permit issued pursuant to ORS 468B.050 or ORS 568.

(b) Indicators of non-compliance are:

(A) Runoff flowing through areas of high livestock usage and entering waters of the state; or

(B) Livestock waste located in drainage ditches or areas of flooding.

(4) Landowners or occupiers shall prevent crop nutrient applications that result in adverse impacts to waters of the state.

(a) Indicators of non-compliance are:

(A) Nutrients applied to open water; or

(B) Visible trail of compost, ash, or bio-solids to waters of the state.

(5) Landowners or occupiers shall prevent the application of chemicals in combination with irrigation water that results in transport into waters of the state.

(a) Indicator of non-compliance is chemigated water flowing into waters of the state.

(6) Roadways, staging areas, farmsteads, and heavy use areas shall be constructed and maintained to prevent sediment or runoff contaminants from reaching waters of the state. All roads on agricultural lands not subject to the Oregon Forest Practices Act (OFPA) are subject to this regulation. Public roads are excluded from this prevention and control measure.

(a) Indicators of non-compliance are:

(A) Surface runoff from farmsteads, roads, and staging areas that pick up contaminants and flow to waters of the state; or

(B) Visible gully erosion in roads or staging areas.

(7) Landowners or occupiers shall manage streamside areas to allow the establishment, growth, and/or maintenance of riparian vegetation appropriate to the site. Vegetation must be sufficient to provide shade and to protect the streamside area such that it maintains its integrity during high stream flow events such as those events which are reasonably expected to occur following a 25-year, 24-hour storm event.

(a) If any agricultural activity degrades riparian vegetation, the landowner or occupier shall replant or restore the disturbed area to an adequate cover as soon as practical.

(b) Indicator of non-compliance is active streambank sloughing or erosion as a result of tillage, grazing, or destruction of vegetation by the landowner or occupier.

Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2000, f. & cert. ef. 7-12-00; DOA 36-2003, f. & cert. ef. 9-24-03

603-095-0560

Complaints and Investigations

(1) When the Department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the Department may conduct an investigation. The Department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 adopted or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules thereunder may file a complaint with the Department.

(4) The Department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0560(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The property and/or waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-0560(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0560, the Department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) Actions based on investigation findings:

(a) If the Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved Voluntary Plan exists and the landowner or occupier is making a reasonable effort to comply with the plan:

(A) The Department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and

(B) The Department shall acknowledge the existence of the Voluntary Plan and direct the landowner to seek appropriate technical assistance and revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) The landowner shall be subject to the enforcement procedures of the Department outlined in OARs 603-090-0060 through 603-090-0120 if:

(A) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved Voluntary Plan does not exist; or

(B) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved Voluntary Plan exists and the landowner or occupier is not making a reasonable effort to comply with the plan; or

(C) The Department determines that a landowner or occupier has not revised a plan per paragraph (a)(B) of this section within the time specified by the Department.

Stat. Auth.: ORS 568.915, ORS 568.918, & ORS 568.933
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2000, f. & cert. ef. 7-12-00; DOA 36-2003, f. & cert. ef. 9-24-03

Lower Deschutes River Subbasin

603-095-0600

Purpose

(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
Hist.: DOA 16-2000, f. & cert. ef. 6-12-00; DOA 4-2003, f. & cert. ef. 1-7-03

603-095-0620

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 16-2000, f. & cert. ef. 6-12-00

603-095-0640

Prohibited Conditions

(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.

(b) On rangelands, 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) Maintaining sufficient live vegetation cover and plant litter to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

(c) Landowners must control active gully erosion to protect against sediment delivery to streams. 'Active Gully Erosion' means gullies or channels that at the largest dimension have a cross-sectional area of at least one square foot and that occur at the same location for two or more consecutive years of cropping or grazing.

(3) Active Stream Bank Erosion; by January 1, 2005, active streambank erosion is not allowed beyond the amount expected for the specific stream flow regime and channel type. Stream channel modification that extends well beyond the level anticipated from natural disturbance given stream characteristics is not allowed.

(4) Placement, Delivery or Sloughing of Wastes; effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(5) Riparian Vegetation; by January 1, 2005, agricultural management or soil-disturbing activities that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability, are not allowed.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 16-2000, f. & cert. ef. 6-12-00; DOA 4-2003, f. & cert. ef. 1-7-03

603-095-0660

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-0660(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.

(5) As used in section OAR 603-095-0660(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0660, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 568.915, ORS 568.918, - ORS 568.933
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 16-2000, f. & cert. ef. 6-12-00; DOA 4-2003, f. & cert. ef. 1-7-03

Umpqua Basin

603-095-0700

Purpose

(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.

(4) Nothing in the Umpqua Basin Agricultural Water Quality Management Area Plan shall be used to interpret any requirement of OAR 603-095-0010 to OAR 603-095-0760

Statutory Auth.: ORS 561.190-OAR 561.191, OAR 568.909
Stats. Implemented: ORS 568.900 - OAR 568.933
Hist.: DOA 4-2001, f. & cert. ef. 1-10-01

603-095-0720

Geographic and Programmatic Scope

(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
Hist.: DOA 4-2001, f. & cert. ef. 1-10-01

603-095-0740

Conditions

(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
Hist.: DOA 4-2001, f. & cert. ef. 1-10-01

603-095-0760

Complaints and Investigations

(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.

(5) As used in section OAR 603-095-0760(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0760, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Statutory Auth.: ORS 568.915, OAR 568.918, & OAR 568.933

Statutes Implemented: ORS 568.900 - OAR 568.933
Hist.: DOA 4-2001, f. & cert. ef. 1-10-01

North Coast Basin

603-095-0800

Purpose

(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.

(b) Nothing in the North Coast Basin Agricultural Water Quality Management Area Plan shall be:

(A) Construed as an effluent limitation or standard under the federal Water Pollution Control Act 33, USC §§ 1251-1376;

(B) Used to interpret any requirement of OAR 603-095-0800 through 603-095-0860.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.909
Stats. Implemented: ORS 568.900-568.933
Hist.: DOA 21-2000, f. & cert. ef. 7-12-00

603-095-0820

Geographic and Programmatic Scope

(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.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 21-2000, f. & cert. ef. 7-12-00

603-095-0840

Required and Prohibited Conditions

(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).

(3) Drainage and irrigation ditches (channels legally constructed). Effective upon rule adoption.

(a) Construction, maintenance, and use of surface drainage ditches shall not result in sediment delivery to waters of the state from soil erosion caused by excessive channel slope, unstable channel cross section, or placement of disposed soils.

(b) Ditch bank vegetation shall be present to stabilize earthen ditch banks.

(c) Technical criteria to determine compliance with OAR 603-095-0840(3)(a) and (b) are:

(A) Construction and maintenance of drainage and irrigation ditches utilize ditch slope and ditch cross section that are appropriate to the site.

(B) Disposed soils from construction and maintenance of drainage and irrigation ditches are placed such that sediment delivery to waters of the state from the placement of these soils is consistent with natural background sediment delivery from these sites.

(d) Exemptions: Bank vegetation damaged and soils exposed during maintenance (as defined in OAR 141-085-0010(22)) and construction, in accordance with Division of State Lands rules. Bank vegetation must be reestablished as soon as practicable after construction and maintenance are completed. However, sediment delivery to waters of the state shall not result from inappropriate ditch slope and cross section or from placement of disposed soils.

(4) Tide Gates. Effective upon rule adoption. Tide gates shall open and close as designed.

(5) Erosion and Sediment Control. Effective upon rule adoption.

(a) No cropland erosion in excess of the soil loss tolerance factor (T) for the subject field, as determined by the Revised Universal Soil Loss Equation (RUSLE) for soil loss, will occur.

(A) Exceptions: The department shall establish an alternate erosion control standard for croplands which the department determines cannot practically or economically achieve the soil loss tolerance factor. Any alternate erosion control standard for croplands established by the department shall assure that delivery of sediment to adjacent water sources is reduced to the maximum extent practicable.

(b) Private roads that traverse rural lands or private roads used for agricultural activities shall be constructed and maintained such that road surfaces, fill and associated structures are designed and maintained to limit contributing sediment to waters of the state. All private roads on agricultural lands not subject to the Oregon Forest Practices Act are subject to this regulation.

(A) Exceptions: Roads subject to the Oregon Forest Practices Act.

(c) Agricultural lands shall be managed to prevent and control runoff of sediment to public road drainage systems.

(d) Except for operations governed by the Oregon Forest Practices Act, no activities related to the conversion of woodland to non-woodland agricultural uses that require removal of the majority of woody material from a parcel of land, such that the land no longer meets the definition of woodland, shall be conducted in a manner which results in the placement of soil, the delivery of sediment or the sloughing of soil into waters of the state, the initiation or aggravation of streambank erosion, or the loss of a healthy riparian streambank condition as defined in OAR 603-095-0840(2).

(6) Manure, Nutrients, and Other Waste. Effective upon rule adoption.

(a) No person conducting agricultural land management shall cause pollution of any waters of the state or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the state by any means.

(b) No person conducting agricultural land management shall discharge any wastes into the waters of the state if the discharge reduces the quality of such waters below the water quality standards established by rule for such waters by the Environmental Quality Commission.

(c) No person shall violate the conditions of any waste discharge permit issued under ORS 468B.050.

(d) Exceptions: 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.

Stat. Auth.: ORS 568.909
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 21-2000, f. & cert. ef. 7-12-00

603-095-0860

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by 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.

(5) As used in section OAR 603-095-0860, "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0860, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) Actions based on investigation findings:

(a) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Water Quality Farm Plan exists and the landowner or occupier is making a reasonable effort to comply with the plan:

(A) The department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and

(B) The department may acknowledge the existence of the Approved Voluntary Water Quality Farm Plan and direct the landowner to seek appropriate technical assistance and revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) The landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120 if:

(A) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Water Quality Farm Plan does not exist; or

(B) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Water Quality Farm Plan exists and the landowner or occupier is not making a reasonable effort to comply with the plan; or

(C) The department determines that a landowner or occupier has not revised a plan per OAR 603-095-0860(7)(a)(B) within the time specified by the department.

Stat. Auth.: ORS 568.915, ORS 568.918, & ORS 568.933
Stats. Implemented: ORS 568.900 - ORS 568.933

Hist. DOA 21-2000, f. & cert. ef. 7-12-00

Malheur River Basin

603-095-0900

Purpose

(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.

(4) Nothing in the Malheur River Basin Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-0900 to OAR 603-095-0960.

Stat. Auth.: ORS 561.190, ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 6-2001, f. & cert. ef. 3-26-01

603-095-0920

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 6-2001, f. & cert. ef. 3-26-01

603-095-0940

Prohibited Conditions

(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.

(4) Active Streambank Erosion

(a) By January 1, 2006, no person may cause active streambank erosion beyond the level that would be anticipated from natural disturbances given existing hydrologic characteristics.

(5) Riparian Vegetation

(a) By January 1, 2006, no conditions are allowed that prevent the establishment and development of adequate riparian vegetation consistent with vegetative site capability to control water pollution by providing control of erosion, filtering of sediments, moderation of solar heating and infiltration of water into the soil profile.

(6) Range and Pasture Management

(a) By January 1, 2006, vegetative condition on rangelands and pasturelands shall be managed such that the functionality of the watershed is not impaired. Watershed function includes the ability of vegetation to filter sediment, utilize nutrients, control soil erosion, optimize infiltration of water to the soil profile, and minimize the rate and maximize the duration of runoff from precipitation.

(b) A landowner conducting range and pasture management 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.

Stat. Auth.: ORS 561.190, ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 6-2001, f. & cert. ef. 3-26-01

603-095-0960

Complaints and Investigations

(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.

(5) As used in section OAR 603-095-0960(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-0960, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190, ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 6-2001, f. & cert. ef. 3-26-01

North and Middle Forks John Day River

603-095-1000

Purpose

(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.

(4) Nothing in the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan shall be used to interpret any requirement of OAR 603-095-1000 through 603-095-1060.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 16-2002, f. & cert. ef. 6-14-02

603-095-1020

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 16-2002, f. & cert. ef. 6-14-02

603-095-1040

Prevention and Control Measures

(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.

(b) Rule implementation schedule:

(A) OAR 603-095-1040(2) is effective upon adoption;

(B) OAR 603-095-1040(3) through (6) are effective January 1, 2006;

(C) Effective upon adoption of these rules, all landowners or operators should immediately begin technically sound, economically feasible efforts where needed to achieve measurable progress towards compliance with these rules.

(c) These rules may be modified as a result of the biennial review of the progress of implementation of the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Uplands Management:

(a) Cropland, rangeland and pasture condition must allow, within the capability of the site, vegetation sufficient to protect water quality.

(b) Private roads and farmsteads must be in a condition that protects water quality by controlling soil erosion and suspended sediment concentrations in runoff.

(4) Riparian Area Management: Riparian area condition must allow the establishment, growth and active recruitment of riparian vegetation, consistent with the vegetative capability of the site, for protection of water quality.

(5) Irrigation Management: Irrigation must be done in a manner that limits the amount of pollutants in the runoff from the irrigated area.

(6) Livestock Management:

(a) Livestock confinement areas must have an adequate runoff control system or equally effective pollution control practice sufficient to control runoff of sediment and animal waste.

(b) OAR 603-095-1040(6)(a) applies to all livestock confinement areas except those required to have a permit under ORS 468B.050.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 16-2002, f. & cert. ef. 6-14-02

603-095-1060

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an 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.

(5) As used in section OAR 603-095-1060(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1060(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 16-2002, f. & cert. ef. 6-14-02

Hood River

603-095-1100

Purpose

(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.

(4) Nothing in the Hood River Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-1100 to OAR 603-095-1160.

Stat. Auth.: ORS 561.190, ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 7-2001, f. & cert. ef. 3-26-01

603-095-1120

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 7-2001, f. & cert. ef. 3-26-01

603-095-1140

Requirements

(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.

(2) Streamside Vegetation

(a) Effective upon adoption of these rules, agricultural activities must allow the establishment, growth, and maintenance of vegetation along streams. Vegetation must be sufficient to control water pollution by moderating solar heating, minimizing streambank erosion, filtering sediments and nutrients from overland flows, and improving the infiltration of water into the soil profile. The streambank should have sufficient vegetation to resist erosion during high streamflows, such as those reasonably expected to occur once every 25 years.

(3) Waste Management

(a) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

Stat. Auth.: ORS 561.190, ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 7-2001, f. & cert. ef. 3-26-01

603-095-1160

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1160(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1160(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1160, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 & ORS 561.191

Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 7-2001, f. & cert. ef. 3-26-01

Clackamas Subbasin Management Area

603-095-1200

Purpose

(1) The purpose of these rules is to outline requirements for landowners in the Clackamas Subbasin Management Area for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Clackamas Subbasin Management Area.

(2) It is intended that the Clackamas Subbasin Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures.

(3) Failure to comply with any provisions of the Clackamas Subbasin Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of OAR 603-095-1200 through OAR 603-095-1280.

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Clackamas Subbasin Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC §§ 1251 - 1376

(b) Used to interpret any requirement of OAR 603-095-1200 through 603-095-1280.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2001, f. & cert. ef. 6-8-01

603-095-1220

Geographic and Programmatic Scope

(1) The Clackamas Subbasin Management Area includes the drainage area of the Clackamas River upstream from the confluence with the Willamette River near Gladstone. The Abernathy Creek and Beaver Creek/Parrot Creek drainages which flow directly into the Willamette from the east are included in this Management Area. Newland Creek, Boeckman Creek, Seely Ditch, Coffee Lake Creek, and Corral Creek flow directly into the Willamette River and are also included in this Management Area. The physical boundaries of the Clackamas Subbasin Management Area are indicated on the map included as Appendix 1 of these rules. [Appendix not included. See ED. NOTE.]

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Clackamas Subbasin Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Clackamas Subbasin Management Area.

(5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: The Appendix referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2001, f. & cert. ef. 6-8-01

603-095-1240

Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner or operator shall be responsible for only those violations of the following prevention and control measures caused by activities conducted on land managed by the landowner or operator. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated.

(2)(a) Streamside Area Condition. Effective upon rule adoption.

(b) Streamside area conditions shall allow the establishment, growth, and/or maintenance of native or non-native riparian vegetation appropriate to the site capability, that is sufficient to encourage shade and to protect the streamside area during high stream flow events up to and including those expected to occur during or following a 25-year, 24 hour storm event.

(3)(a) Agricultural Waste. Effective upon rule adoption.

(b) No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2001, f. & cert. ef. 6-8-01

603-095-1260

Voluntary Water Quality Farm Plans

(1) Intent: Landowners or operators are encouraged to develop and implement an Approved Voluntary Water Quality Farm Plan (approved voluntary plan). An approved voluntary plan is defined in OAR 603-095-0010(6) and is not the same as a voluntary plan defined in 603-095-0010(51).

(2) In order to be considered for approval, voluntary plans shall be designed to meet criteria in OAR 603-095-1240. At a minimum, Approved Voluntary Water Quality Farm Plans shall include the following information:

(a) General components:

(A) Maps, aerial photographs, and soil survey, water resource and other natural resource inventory information shall be included to the extent that the information is pertinent and necessary in the formulation of the voluntary plan to assure it achieves the criteria in OAR 603-095-1240;

(B) A list of fields, land uses, acres and resource concerns; and

(C) Any agreements entered into by the landowner or operator involving any agency providing technical or financial assistance in the completion of the conservation measures included in the voluntary plan.

(b) Depending on the nature of the operation, any or all of the following specific components shall be included in the voluntary plan. If any of the components do not apply to the operation, the plan shall so indicate:

(A) Erosion prevention and sediment control;

(B) Livestock waste management;

(C) Roads, staging areas and farmstead construction and maintenance;

(D) Streamside area management;

(E)(i) Irrigation management.

(ii) Plans filed with the department pursuant to letters of intent submitted by operators of container nurseries may meet the requirements of the irrigation management component of a voluntary plan, provided that such plans meet other requirements under OAR 603-095-1260(2) and (3).

(3) Preparation:

(a) The landowner or operator may prepare the voluntary plan, arrange with a Local Management Agency to prepare the plan, or may contract with another person or agency to prepare the plan.

(A) The Local Management Agency may require certification by a professional soil scientist or soil conservationist, or a registered professional engineer, that the voluntary plan meets the standards of the USDA Natural Resources Conservation Service technical guide for conservation plans, and that completion of the conservation measures included in the plan will enable the landowner or operator to meet the criteria in OAR 603-095-1240; or

(B) The Local Management Agency may require proof from the preparer of the plan that he or she is qualified to prepare such a plan.

(b) The Local Management Agency may require such additional documentation as is necessary to identify in detail the conservation measures listed.

(4) Implementation schedule: Any portion of a voluntary plan designed to meet the criteria in OAR 603-095-1240 shall provide a schedule of implementation until the relevant criteria in 603-095-1240 are met.

(5) Approval:

(a) The Local Management Agency shall approve or disapprove voluntary plans and any plan amendments at a scheduled meeting and shall maintain a record of its actions as part of the meeting minutes. Approved voluntary plans and plan amendments shall be signed by the chair or the chair's designee. As a condition of approval, all voluntary plans shall meet the criteria in OAR 603-095-1240 and the criteria for plan preparation contained in 603-095-1260(2) and (3).

(b) In the event that the Local Management Agency finds that a voluntary plan or a plan amendment does not meet the criteria in OAR 603-095-1240 or the criteria for plan preparation contained in 603-095-1260(2) and (3), the Local Management Agency shall provide a written explanation, by certified mail, to the landowner or operator who submitted the plan, listing all the deficiencies to be corrected.

(c) Voluntary plans approved under 603-095-1260(5)(a) shall be considered approved until such time as the department adopts new standards or rules applying to approved voluntary plans.

(6) Appeal:

(a) Any landowner or operator may request reconsideration of the Local Management Agency's decision to disapprove a voluntary plan or a plan amendment by submitting a request for a hearing before a scheduled Local Management Agency meeting. If an appeal is filed, the Local Management Agency shall reconsider its decision at its next regularly scheduled meeting and may either affirm, modify or reverse its previous decision. The purpose of the hearing shall be to present relevant information or evidence that the Local Management Agency's action was not based on an appropriate or adequate evaluation of the voluntary plan or plan amendment. The Local Management Agency shall maintain a record of its action regarding reconsideration as part of the meeting minutes.

(b) A landowner or operator may appeal the Local Management Agency's denial of reconsideration within thirty days of the date of the reconsideration decision by filing a hearing request with the department. If the landowner or operator appeals within the prescribed period, the department shall notify the Local Management Agency. The Local Management Agency shall forward its action and rationale to the department within seven days of such notification.

(c) Within thirty (30) days of receiving an appeal request, the department shall schedule a hearing between the landowner or operator, a designated representative of the Local Management Agency, and a representative of the department. The purpose of the hearing shall be to review the Local Management Agency's reconsideration decision. If the representatives of the department and the Local Management Agency can reach agreement, they shall forward a joint recommendation to the Local Management Agency for approval at its next regularly scheduled meeting. The Local Management Agency shall maintain a record of its action as part of its meeting minutes.

(d) If the representatives of the department and the Local Management Agency cannot agree on a joint recommendation, the department may approve or disapprove the voluntary plan or plan amendment. The department shall forward a copy of its decision to the landowner or operator and the Local Management Agency.

(7) Amendments to an existing plan: Any amendments to an existing approved voluntary plan shall be approved by the Local Management Agency in accordance with OAR 603-095-1260(5) and (6).

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2001, f. & cert. ef. 6-8-01

603-095-1280

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural water pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an apparent occurrence of agricultural water pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural water pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1280(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1280(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1280, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to public health or safety.

(7) Actions based on investigation findings:

(a) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is making a reasonable effort to comply with the plan:

(A) The department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and

(B) The department may acknowledge the existence of the approved voluntary plan and direct the landowner to seek appropriate technical assistance and to revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) The landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120 if:

(A) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan does not exist; or

(B) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is not making a reasonable effort to comply with the plan; or

(C) The department determines that a landowner or operator has not revised a plan pursuant to paragraph (a)(B) of this section within the time specified by the department.

Stat. Auth.: ORS 568.915, ORS 568.918 & ORS 568.933
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2001, f. & cert. ef. 6-8-01

Sandy Subbasin Management Area

603-095-1300

Purpose

(1) The purpose of these rules is to outline requirements for landowners in the Sandy Subbasin Management Area for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Sandy Subbasin Management Area.

(2) It is intended that the Sandy Subbasin Agricultural Water Quality Management Area Plan will aid in achieving compliance with these rules through education and promotion of voluntary land management measures.

(3) Failure to comply with any provisions of the Sandy Subbasin Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-090-0000 through 603-090-0120, or of OAR 603-095-1300 through OAR 603-095-1380;

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Sandy Subbasin Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC §§ 1251 - 1376

(b) Used to interpret any requirement of OAR 603-095-1300 through 603-095-1380.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 12-2001, f. & cert. ef. 6-8-01

603-095-1320

Geographic and Programmatic Scope

(1) The Sandy Subbasin Management Area includes the drainage area of the Sandy River upstream from the confluence with the Columbia River near Troutdale. Tanner, Moffett, McCord, Horsetail, Oneonta, Multnomah, Cooepy, Bridal Veil, Young, Latourell and other small creeks which flow directly into the Columbia River are included in this Management Area. The physical boundaries of the Sandy Subbasin Management Area are indicated on the map included as Appendix 1 of these rules. [Appendix not included. See ED. NOTE.]

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Sandy Subbasin Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Sandy Subbasin Management Area.

(5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: The Appendix referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 12-2001, f. & cert. ef. 6-8-01

603-095-1340

Prevention and Control Measures

(1) All landowners or occupiers conducting activities on lands in agricultural use shall be in compliance with the following criteria. A landowner or occupier shall be responsible for only those violations of the following prevention and control measures caused by activities conducted on land managed by the landowner or occupier. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated.

(2) Streamside area condition. Effective upon adoption.

(a) Streamside vegetation management shall allow the establishment, growth, control, and/or maintenance of riparian vegetation (for example: grasses, sedges, shrubs, and trees) appropriate to the site capability that is sufficient to provide shade and protection to the streamside area such that it maintains its integrity during high stream flow events up to and including those expected to occur during or following a 25-year, 24 hour storm event.

(b) Management strategies in the streamside area shall not reduce the control of erosion, lessen filtering of sediment and nutrients, or decrease the infiltration of water into the soil profile.

(3) Agricultural Waste Control. Effective upon rule adoption.

(a) No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

(b) 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/or crossing the waterway.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 12-2001, f. & cert. ef. 6-8-01

603-095-1360

Voluntary Water Quality Farm Plans

(1) Intent: Landowners or operators are encouraged to develop and implement an approved Voluntary Water Quality Farm Plan (approved voluntary plan). An approved voluntary plan is defined in OAR 603-095-0010(6) and is not the same as a voluntary plan defined in 603-095-0010(51).

(2) In order to be considered for approval, voluntary plans shall be designed to meet criteria in OAR 603-095-1340. At a minimum, approved voluntary plans shall include the following information:

(a) General components:

(A) Maps, aerial photographs, and soil survey, water resource and other natural resource inventory information shall be included to the extent that the information is pertinent and necessary in the formulation of the voluntary plan to assure it achieves the criteria in OAR 603-095-1340;

(B) A list of fields, land uses, acres and resource concerns; and

(C) Any agreements entered into by the landowner or operator involving any agency providing technical or financial assistance in the completion of the conservation measures included in the voluntary plan.

(b) Depending on the nature of the operation, any or all of the following specific components shall be included in the voluntary plan. If any of the components do not apply to the operation, the plan shall so indicate:

(A) Erosion prevention and sediment control;

(B) Livestock waste management;

(C) Roads, staging areas and farmstead construction and maintenance;

(D) Streamside area management;

(E)(i) Irrigation management.

(ii) Plans filed with the department pursuant to letters of intent submitted by operators of container nurseries may meet the requirements of the irrigation management component of a voluntary plan, provided that such plans meet other requirements under OAR 603-095-1360(2) and (3).

(F) Nutrient Management.

(G) Pesticide management to minimize off-site transport.

(3) Preparation:

(a) The landowner or operator may prepare the voluntary plan, arrange with a Local Management Agency to prepare the plan, or may contract with another person or agency to prepare the plan.

(A) The Local Management Agency may require certification by a professional soil scientist or soil conservationist, or a registered professional engineer, that the voluntary plan meets the standards of the USDA Natural Resources Conservation Service technical guide for conservation plans, and that completion of the conservation measures included in the plan will enable the landowner or operator to meet the criteria in OAR 603-095-1340; or

(B) The Local Management Agency may require proof from the preparer of the plan that he or she is qualified to prepare such a plan.

(b) The Local Management Agency may require such additional documentation as is necessary to identify in detail the conservation measures listed.

(4) Implementation schedule: Any portion of a voluntary plan designed to meet the criteria in OAR 603-095-1340 shall provide a schedule of implementation until the relevant criteria in OAR 603-095-1340 are met.

(5) Approval:

(a) The Local Management Agency shall approve or disapprove voluntary plans and any plan amendments at a scheduled meeting and shall maintain a record of its actions as part of the meeting minutes. Approved voluntary plans and plan amendments shall be signed by the chair or the chair's designee. As a condition of approval, all voluntary plans shall meet the criteria in OAR 603-095-1340 and the criteria for plan preparation contained in OAR 603-095-1360(2) and (3).

(b) In the event that the Local Management Agency finds that a voluntary plan or a plan amendment does not meet the criteria in OAR 603-095-1340 or the criteria for plan preparation contained in OAR 603-095-1360(2) and (3), the Local Management Agency shall provide a written explanation, by certified mail, to the landowner or operator who submitted the plan, listing all the deficiencies to be corrected.

(c) Voluntary plans approved under 603-095-1360(5)(a) shall be considered approved until such time as the department adopts new standards or rules applying to approved voluntary plans.

(6) Appeal:

(a) Any landowner or operator may request reconsideration of the Local Management Agency's decision to disapprove a voluntary plan or a plan amendment by submitting a request for a hearing before a scheduled Local Management Agency meeting. If an appeal is filed, the Local Management Agency shall reconsider its decision at its next regularly scheduled meeting and may either affirm, modify or reverse its previous decision. The purpose of the hearing shall be to present relevant information or evidence that the Local Management Agency's action was not based on an appropriate or adequate evaluation of the voluntary plan or plan amendment. The Local Management Agency shall maintain a record of its action regarding reconsideration as part of the meeting minutes.

(b) A landowner or operator may appeal the Local Management Agency's denial of reconsideration within thirty days of the date of the reconsideration decision by filing a hearing request with the department. If the landowner or operator appeals within the prescribed period, the department shall notify the Local Management Agency. The Local Management Agency shall forward its action and rationale to the department within seven days of such notification.

(c) Within thirty (30) days of receiving an appeal request, the department shall schedule a hearing between the landowner or operator, a designated representative of the Local Management Agency, and a representative of the department. The purpose of the hearing shall be to review the Local Management Agency's reconsideration decision. If the representatives of the department and the Local Management Agency can reach agreement, they shall forward a joint recommendation to the Local Management Agency for approval at its next regularly scheduled meeting. The Local Management Agency shall maintain a record of its action as part of its meeting minutes.

(d) If the representatives of the department and the Local Management Agency cannot agree on a joint recommendation, the department may approve or disapprove the voluntary plan or plan amendment. The department shall forward a copy of its decision to the landowner or operator and the Local Management Agency.

(7) Amendments to an existing plan: Any amendments to an existing approved voluntary plan shall be approved by the Local Management Agency in accordance with OAR 603-095-1360(5) and (6).

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 & ORS 568.933
Hist.: DOA 12-2001, f. & cert. ef. 6-8-01

603-095-1380

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural water pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an apparent occurrence of agricultural water pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural water pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1380(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1380(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1380, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) Actions based on investigation findings:

(a) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is making a reasonable effort to comply with the plan:

(A) The department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and

(B) The department may acknowledge the existence of the approved voluntary plan and direct the landowner to seek appropriate technical assistance and to revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) The landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120 if:

(A) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan does not exist; or

(B) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is not making a reasonable effort to comply with the plan; or

(C) The department determines that a landowner or operator has not revised a voluntary plan pursuant to OAR 603-095-1380(6)(a)(B) within the time specified by the department.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 12-2001, f. & cert. ef. 6-8-01

Inland Rogue

603-095-1400

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Inland Rogue Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 – 568.933 and 561.190 – 561.191. The area plan is known as the Inland Rogue Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Inland Rogue Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with OAR 603-095-1400 to 603-095-1460 is expected to aid in the achievement of applicable water quality standards in the Inland Rogue Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 – 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1420

Geographic and Programmatic Scope

(1) The Inland Rogue Agricultural Water Quality Management Area includes the drainage area of the Rogue River primarily within the political boundaries of Jackson and Josephine counties. It does not include the drainage area of the Lower Rogue outside the Josephine county boundary. The physical boundaries of the Inland Rogue Agricultural Water Quality Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Inland Rogue Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle, or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies, reservation and tribal trust lands, and activities which are subject to the Forest Practices Act.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Inland Rogue Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies’ or state agency jurisdictions, the Department of Agriculture (department) and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply and to assure that duplication of any services provided, or fees assessed does not occur.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1440

Prohibited Conditions

(1) All landowners or operators conducting activities on lands described above in OAR 603-095-1420(2) shall be in compliance with the following rules. A landowner shall be responsible for only those conditions caused by the activities of the landowner or operator. Rules do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. Limited duration activities may be exempt from these conditions subject to approval by the department.

(2) Excessive Soil Erosion

(a) There shall be no visible evidence of erosion resulting from agricultural management in a location where erosion has contributed or will contribute sediment to waters of the state. Visible evidence of erosion may consist of the following features:

(A) Sheet wash, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely-vegetated ground;

(B) Visibly active gullies, as defined by OAR 603-095-0010(1);

(C) Multiple rills, which have the form of gullies, but are smaller, in cross-sectional area, than one square foot.

(3) Riparian Vegetation Destruction

(a) Agricultural management of riparian areas shall not impede the development and maintenance of adequate riparian vegetation to control water pollution, provide stream channel stability, moderate solar heating, and filter nutrients and sediment from runoff.

(b) This condition is not intended to prohibit riparian grazing where it can be done while managing for riparian vegetation required in OAR 603-095-1440(3)(a).

(c) Constructed ditches that carry only irrigation delivery and drainage water are exempt from conditions described in OAR 603-095-1440(3).

(4) Surface Irrigation Return Flows Runoff of surface irrigation that enters waters of the state shall not exceed water quality standards or cause pollution of the receiving water.

(5) Waste No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 13-2001, f. & cert. ef. 6-8-01; DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

603-095-1460

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933, or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution, or alleging any violation of ORS 568.900 to 568.933, or any rules adopted thereunder, may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1460(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933, or any rules adopted thereunder.

(5) As used in section OAR 603-095-1460(4), “person” does not include any local, state, or federal agency.

(6) Notwithstanding OAR 603-095-1460(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Statutory Authority: ORS 561.190 - 561.191 & 568.912
Statutes Implemented: ORS 568.900 - 568.933
Hist.: DOA 1-2012, f. & cert. ef. 1-12-12; DOA 15-2012, f. & cert. ef. 6-1-12

Coos & Coquille Areas

603-095-1500

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Coos and Coquille Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900-ORS 568.933 and ORS 561.190-ORS 561.191. The area plan is known as the Coos and Coquille Agricultural Water Quality Management Area Plan. Nothing in the Coos and Coquille Agricultural Water Quality Management Area Plan or in OARs 603-095-1500 through 603-095-1560 will allow the department to implement this plan or rules in a manner that is in violation of the U. S. Constitution, the Oregon Constitution or other applicable state laws.

(2) The purpose of these rules is to outline requirements for landowners in the Coos and Coquille Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules (OARs 603-095-1500 through 603-095-1560) is expected to aid in the achievement of applicable water quality standards in the Coos and Coquille Water Quality Management Area.

(3) Failure to comply with any provisions of the Coos and Coquille Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR 603-095-1560;

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Coos and Coquille Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-1500 to OAR 635-095-1560.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2002, f. & cert. ef. 3-7-02

603-095-1520

Geographic and Programmatic Scope

(1) The Coos and Coquille Agricultural Water Quality Management Area is comprised of the Coos and Coquille drainages, the Tenmile drainage, the Twomile drainage, the Fourmile drainage (including the headwaters of South Fork Fourmile Creek), and those lands within Coos County that lie north of the county line west of its junction with Bethel Mountain Road. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Coos and Coquille Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. These rules (OAR 603-095-1500 through OAR 603-095-1560) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Coos and Coquille Agricultural Water Quality Management Area.

(a) Agricultural use does not include the use of land for garden plots primarily used for the cultivation of vegetables, flowers, herbs or fruits for domestic or household use.

(b) The provisions of the Coos and Coquille Agricultural Water Quality Management Area Plan and OARs 603-095-1500 through 603-095-1560 shall not apply to any forest practice conducted on forestland as defined in ORS 527.620.

(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) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: The Appendix referenced in this rule is available from the agency.]

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2002, f. & cert. ef. 3-7-02

603-095-1540

Prohibited Conditions

(1)(a) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities caused by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.

(b) Limited duration activities may be exempt from these conditions subject to prior written approval by the department.

(2) Sediment Management: Effective three years after rule adoption, soil erosion associated with agricultural cultivation shall not deliver sediment sufficient to violate water quality standards.

(3) Nutrient Management: Effective three years after rule adoption, application and storage of manure, commercial fertilizer, and other added nutrient inputs to agricultural lands will be done in a manner that minimizes the introduction of nutrients into waterways.

(4) Pesticide Management: Effective three years after rule adoption, in cranberry production, water storage systems that intercept agricultural drainage containing pesticides and that reapply this water will be designed to minimize percolation of drainage waters to groundwater or overflow of the impoundment to surface waters.

(5) Riparian Management:

(a) Effective three years after rule adoption, management activities in the riparian area will be conducted in a manner that allows the establishment, growth, and maintenance of riparian vegetation consistent with vegetative site capability so as to provide some combination of filtering capacity, sediment trapping, stream bank stability, and shade.

(b) Exemptions shall include stream crossings, access for irrigation equipment and other accepted water dependent agricultural uses when conducted in a manner that minimizes impacts on streambank stability.

(6) Irrigation Management: Effective three years after rule adoption, application (direct, chemigation, and fertigation) and irrigation systems will be managed to minimize runoff and the introduction of nutrients and farm chemicals into waterways.

(7) Waste Management: Effective upon adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2002, f. & cert. ef. 3-7-02

603-095-1560

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1560(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The property and/or waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) Notwithstanding OAR 603-095-1560, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may, is or impends to create an immediate threat to the public health or safety.

(6)(a) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

(b) Enforcement action shall be pursued only when reasonable attempts at voluntary solutions have failed.

(7) The department may not impose a civil penalty on a landowner for a first violation of OAR 603-090-0000 through 603-090-0120, or of OAR 603-095-1500 through 603-095-1560 unless the department:

(a) Has notified the landowner of the violation in writing that describes, with reasonable specificity, the factual basis for the department's determination that a violation has occurred; and

(b) has prescribed a reasonable time for the landowner to correct the violation that may not exceed 30 days after the first notice of violation, unless the violation requires more than 30 days to correct, in which case the department shall specify a reasonable period of time to correct the violation in a plan of correction issued to the landowner.

(8) No notice of violation or period to comply shall be required under subsection (8) of this section if:

(a) The violation is intentional; or

(b) The landowner has received a previous notice of the same or similar violation.

(9) The department, or a designee of the department shall periodically, and in no event less than once biennially, consult with the department of justice to ensure that the actions of the department taken under ORS 568.915 are consistent with section 9, Article I of the Oregon Constitution, and the Fourth Amendment to the United States Constitution.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 11-2002, f. & cert. ef. 3-7-02

Middle Deschutes

 

603-095-1600

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Middle Deschutes Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 -- 568.933 and ORS 561.190 -- 561.191, due to a determination by the Environmental Quality Commission to establish Total Maximum Daily Loads and allocate a load to agricultural nonpoint sources. The area plan is known as the Middle Deschutes Agricultural Water Quality Management Area Plan. After adoption of the TMDLs, these rules will be reviewed and modified as needed to provide reasonable assurance that the load allocations for agriculture will be met.

(2) The purpose of these rules is to outline requirements for landowners in the Middle Deschutes Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Middle Deschutes Agricultural Water Quality Management Area.

(3) Failure to comply with any provisions of the Middle Deschutes Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-090-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR 603-095-1660;

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Middle Deschutes Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-1600 to OAR 635-095-1660.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2001, f. & cert. ef. 9-20-01

603-095-1620

Geographic and Programmatic Scope

(1) The Middle Deschutes Agricultural Water Quality Management Area includes the Trout Creek and Willow Creek drainages, and the area along the eastern side of the Deschutes River between Trout Creek and Crooked River and east of Crooked River between confluence with Deschutes River and Sherwood Canyon to the north and Smith Rock to the south. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules.[Attachment not included. See ED. NOTE.]

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Middle Deschutes Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of Tribal Trust lands or public lands managed by federal agencies.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Middle Deschutes Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Attachments referenced in this rule are available from the agency.]

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2001, f. & cert. ef. 9-20-01

603-095-1640

Requirements

(1) Landowners must comply with OAR 603-095-1640(2) through (6) within the following limitations:

(a) A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from activities by landowners on other lands. A landowner is not responsible for conditions that: are natural, could not have been reasonably anticipated, or that result from unusual weather events or other exceptional circumstances.

(2) Streamside Area:

(a) By January 1, 2005, activities must allow the establishment and development of riparian vegetation, consistent with site capability, for streambank stability and stream shading.

(b) By January 1, 2005, activities must allow the establishment and development of vegetation or the presence of an equally effective erosion control device or practice for filtering out sediments before they enter perennial streams.

(3) Instream structures:

(a) Effective on rule adoption, temporary irrigation diversions must:

(A) Be constructed and operated only during periods of irrigation.

(B) Not hinder channel carrying capacity between November 1 and March 1 to accommodate anticipated or expected seasonal streamflow.

(C) Not increase instream turbidity during operation by more than 10%, compared to a point just upstream of the diversion.

(b) By January 1, 2007, temporary irrigation diversions must not contribute to channel instability.

(4) Waste Management:

(a) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

(5) Irrigation Tailwater:

(a) Effective on rule adoption, irrigation tailwater must not increase the turbidity of the perennial stream into which it drains by more than 10%, compared to a point just upstream of the tailwater discharge.

(6) Nutrients:

(a) Effective on rule adoption, nutrient application rates and timing must not exceed specific crop requirements. Crop nutrients will be based on recommendations from the best available data applicable to a specific site.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933-
Hist.: DOA 20-2001, f. & cert. ef. 9-20-01

603-095-1660

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1660(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1660(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1660, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 20-2001, f. & cert. ef. 9-20-01

Walla Walla

 

603-095-1700

Purpose

(1) These rules have been developed to implement a water quality management area plan for the subbasin pursuant to authorities vested in the department through ORS 568.900-568.933. The area plan is known as the Walla Walla Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Walla Walla Agricultural Water Quality Management Area, for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with Division 95 rules is expected to aid in the achievement of applicable water quality standards in the Walla Walla River Subbasin.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 17-2002, f. & cert. ef. 6-14-02

603-095-1720

Geographic and Programmatic Scope

(1) The Walla Walla Agricultural Water Quality Management Area includes the area in Oregon that drains into the Walla Walla River. The physical boundaries of the Walla Walla River Subbasin are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Walla Walla Agricultural Water Quality Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies and activities that are subject to the Oregon Forest Practices Act.

(3) The provisions of these rules apply to all agricultural land whether or not in current productive agricultural use.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Walla Walla River Subbasin.

(5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: 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
Hist.: DOA 17-2002, f. & cert. ef. 6-14-02

603-095-1740

Prevention and Control Measures

(1) Limitations:

(a) All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-1740 (Prevention and Control Measures).

(A) A landowner or operator shall be responsible for only those conditions caused by activities conducted on land managed by the landowner or operator.

(B) A landowner or operator is not responsible for conditions resulting from unusual weather events or other uncontrollable circumstances.

(C) The Department will allow temporary exceptions when a specific integrated pest management plan is in place to deal with certain weed or pest problems.

(b) These rules may be modified as a result of the biennial review of the progress of implementation of the Walla Walla Agricultural Water Quality Management Area Plan.

(2) Waste Management Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Streamside and Riparian Area Management:

(a) Except as provided in OAR 603-095-1740(3)(b), effective January 1, 2006, streamside area management must allow the establishment, growth and maintenance of riparian vegetation to promote habitat and protect water quality by filtering sediment, stabilizing streambanks, naturally storing water, and providing shade consistent with the vegetative capability of the site.

(b) OAR 603-095-1740(3)(a) does not apply to irrigation water conveyance systems, including, but not limited to, irrigation canals, ditches, laterals, and waterways, such as the Upper Little Walla Walla system, that in the normal course of operation have no return flow into perennial streams where coldwater fish species are present.

(4) Soil Erosion and Sediment Control:

(a) Effective on January 1, 2006, landowners must control upland soil erosion using practical and available methods.

(b) Landowners must control active channel erosion to protect against sediment delivery to streams.

(c) On croplands, a landowner may demonstrate compliance with OAR 603-095-1740(4)(a) by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD) approved conservation plan that meets Resource Management Systems (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.

(d) On rangelands, a landowner may demonstrate compliance with this OAR 603-095-1740(4)(a) by;

(A) Operating consistent with a Soil and Water Conservation District (SWCD) approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources; or

(B) Maintaining sufficient live vegetation cover and plant litter to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 17-2002, f. & cert. ef. 6-14-02

603-095-1760

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 through 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 through 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1760(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 through 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1760(4), "person does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1760(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 -- ORS 561.191, 568.912
Stats Implemented: ORS 568.900 -- ORS 568.933
Hist.: DOA 17-2002, f. & cert. ef. 6-14-02

Wallowa

603-095-1800

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Wallowa Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 -- 568.933. The area plan is known as the Wallowa Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Wallowa Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Wallowa Agricultural Water Quality Management Area.

(3) Failure to comply with any provisions of the Wallowa Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-095-0000 to 603-090-0120, or of OAR 603-095-0010 to OAR 635-095-1860;

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Wallowa Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-1800 to OAR 635-095-1860.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 21-2001, f. & cert. ef. 9-20-01

603-095-1820

Geographic and Programmatic Scope

(1) The Wallowa Agricultural Water Quality Management Area includes Wallowa River, Lower Grande Ronde River and Imnaha River subbasins. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Wallowa Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies and Tribal Trust Lands.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Wallowa Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: 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
Hist.: DOA 21-2001, f. & cert. ef. 9-20-01

603-095-1840

Prohibited Conditions

(1) Limitations. A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated.

(2) Excessive Sheet and Rill Erosion:

(a) By January 1, 2006, soil erosion will be reduced to the "Soil Loss Tolerance Factor" or "T".

(b) For croplands which the department determines cannot practically or economically achieve "T" soil erosion will be reduced to 5 tons per acre per year averaged over the length of the rotation.

(c) Reduction of soil erosion will be calculated by the Revised Universal Soil Loss Equation (RUSLE), with supporting data from the Natural Resource Conservation Service Field Office Technical Guide and similar data from other credible sources.

(3) Excessive Gully Erosion:

(a) By January 1, 2006, no person shall cause conditions on the land that contribute to gully erosion delivering sediment directly to the waters of the state. Gullies are defined as channels which at the largest dimension have a cross sectional area of at least one square foot and which occur at the same location for two or more consecutive years.

(b) No violation of this condition will be deemed to have occurred if the affected landowner has established and maintained a department or local Designated Management Agency approved effective management program. An effective management program shall provide assurance that reasonable steps have been taken to lessen and manage gully formation.

(4) Pollution Control and Waste Management. Effective on rule adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

(5) Streamside Conditions. By January 1, 2006, no person may contribute to conditions that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability.

(6) Irrigation Return Flow:

(a) By January 1, 2006, no person may cause bacteria levels in irrigation tailwater to exceed state water quality standards. When the irrigation water at the point of initial application already exceeds the bacteria standard, then the bacteria level in the tailwater cannot be higher than the level in the irrigation water at the point of initial application.

(b) A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events, natural background levels of bacteria or other exceptional circumstances which could not have been reasonably anticipated.

[Publications: Publications referenced are available from the agency.]

Stat. Auth: ORS 561.190 - 561.191 & ORS 568.909
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 21-2001, f. & cert. ef. 9-20-01

603-095-1860

Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1860(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-1860(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-1860, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 21-2001, f. & cert. ef. 9-20-01

Molalla/Pudding/French Prairie/North Santiam Subbasins

603-095-1900

Purpose

(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.

(4) Nothing in the Molalla/Pudding/French Prairie/North Santiam Subbasins Agricultural Water Quality Management Area Plan shall:

(a) Construed as an effluent limitation or standard under the Federal Water Pollution Control Act, 33 USC §§ 1251-1376

(b) Used to interpret any requirement of OAR 603-095-1900 through 603-095-1980.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 3-2002, f. & cert. ef. 1-18-02

603-095-1920

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 3-2002, f. & cert. ef. 1-18-02

603-095-1940

Prevention and Control Measures

(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.

(5) Irrigation. Effective upon rule adoption. Irrigation systems shall be designed and operated to minimize runoff of potential pollutants. Irrigation scheduling shall be appropriate to each site and consideration shall be given to water use efficiency, off-target minimization, soil conditions, crop, climate and topography.

(6) Waste: Livestock and Other. Effective upon rule adoption.

(a) No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(b) Landowners and operators shall prevent the runoff or leaching of contaminated water from feed and manure storage piles into waters of the state, including but not limited to groundwater.

(7) Nutrients. Effective upon rule adoption. Landowners or operators shall use and apply crop nutrients in a manner that prevents transport into the waters of the state.

(8) Riparian Management Area. Effective upon rule adoption.

(a) A Riparian Management Area (RMA) that allows for the natural or managed development of riparian vegetation and riparian function over time shall be provided along all streams. This shall include the natural or managed establishment and maintenance of riparian vegetation, such as grasses, sedges, shrubs, and trees, appropriate to site capability, and that in the normal course of time will provide shade and protect streambank stability from flows at or below those expected to occur during or following a 25-year, 24 hour storm event.

(b) Sufficient RMA width will be site specific, and may vary by, for example, soil type, size of stream, and agricultural use.

(9) Roads and Staging Areas. Effective upon rule adoption.

(a) Roadways, staging areas, and heavy use areas shall be constructed and maintained to prevent sediment or runoff contaminants from adversely affecting waters of the state.

(b) Exemptions: Public roads and roads subject to the Oregon Forest Practices Act.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 3-2002, f. & cert. ef. 1-18-02

603-095-1960

Voluntary Water Quality Farm Plans

(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.

(b) Depending on the nature of the operation, any or all of the following specific components shall be included in the Voluntary Plan. If any of the components do not apply to the operation, the plan shall so indicate:

(A) Erosion prevention and sediment control.

(B) Livestock waste management.

(C) Roads, staging areas and farmstead construction and maintenance.

(D) Streamside area management.

(E) Irrigation management. Plans filed with the Department pursuant to letters of intent submitted by operators of container nurseries may meet the requirements of the irrigation management component of a Voluntary Plan, provided that such plans meet other requirements under OAR 603-095-1960(1) and (2).

(F) Nutrient management.

(G) Pesticide management to minimize off-site transport.

(H) Chemigated irrigation water.

(3) Preparation:

(a) The landowner or operator may prepare the Voluntary Plan, arrange with a Local Management Agency to prepare the plan, or may contract with another person or agency to prepare the plan.

(A) The Local Management Agency may require certification by a professional soil scientist or soil conservationist, or a registered professional engineer, that it meets the standards of the Natural Resources Conservation Service technical guide for conservation plans, and that completion of the conservation measures included in the plan will enable the landowner or operator to meet the criteria in OAR 603-095-1940; or

(B) The Local Management Agency may require proof from the preparer of the plan that he or she is qualified to prepare such a plan.

(b) The Local Management Agency may require such additional documentation as is necessary to identify in detail the conservation measures listed.

(4) Implementation schedule: Any portion of a Voluntary Plan designed to meet the criteria in OAR 603-095-1940 shall provide a schedule of implementation until full compliance with 603-095-1940 is accomplished.

(5) Approval:

(a) The Local Management Agency shall approve or disapprove Voluntary Plans and plan amendments at a scheduled meeting and shall maintain a record of its actions as part of the meeting minutes. Approved Voluntary Plans and plan amendments shall be signed by the chair or the chair's designee. As a condition of approval, all Voluntary Plans shall meet the criteria in OAR 603-095-1940 and the criteria for plan preparation contained in OAR 603-095-1960(2) and (3).

(b) In the event that the Local Management Agency finds that a Voluntary Plan or a plan amendment does not meet the criteria in OAR 603-095-1940 or the criteria for plan preparation contained in 603-095-1960(2) and (3), the Local Management Agency shall provide a written explanation, by certified mail, to the landowner or operator who submitted the plan, listing all the deficiencies to be corrected.

(c) Voluntary Plans approved under 603-095-1960(5)(a) shall be considered approved until such time as the department adopts new standards or rules applying to Approved Voluntary Plans.

(6) Appeal

(a) Any landowner or operator may request reconsideration of the Local Management Agency's decision to disapprove a Voluntary Plan or a plan amendment by submitting a request for a hearing before a scheduled Local Management Agency meeting. If an appeal is filed, the Local Management Agency shall reconsider its decision at its next regularly scheduled meeting and may either affirm, modify or reverse its previous decision. The purpose of the hearing shall be to present relevant information or evidence that the Local Management Agency's action was not based on an appropriate or adequate evaluation of the Voluntary Plan or plan amendment. The Local Management Agency shall maintain a record of its action regarding reconsideration as part of the meeting minutes.

(b) A landowner or operator may appeal the Local Management Agency's denial of reconsideration within thirty days of the date of the reconsideration decision by filing a hearing request with the Department. If the landowner or operator appeals within the prescribed period, the Department shall notify the Local Management Agency. The Local Management Agency shall forward its action and rationale to the Department within seven days of such notification.

(c) Within thirty (30) days of receiving an appeal request, the Department shall schedule a hearing between the landowner or operator, a designated representative of the Local Management Agency, and a representative of the Department. The purpose of the hearing shall be to review the Local Management Agency's reconsideration decision. If the representatives of the department and the Local Management Agency can reach agreement, they shall forward a joint recommendation to the Local Management Agency for approval at its next regularly scheduled meeting. The Local Management Agency shall maintain a record of its action as part of its meeting minutes.

(d) If the representatives of the Department and the Local Management Agency cannot agree on a joint recommendation, the Department may approve or disapprove the Voluntary Plan or plan amendment. The Department shall forward a copy of its decision to the Local Management Agency.

(7) Amendments to an existing plan: Any amendments to an existing Approved Voluntary Plan shall be approved by the Local Management Agency in accordance with OAR 603-095-1960(5) and (6).

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 3-2002, f. & cert. ef. 1-18-02

603-095-1980

Complaints and Investigations

(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.

(5) Notwithstanding OAR 603-095-1980, the Department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(6) Actions based on investigation findings:

(a) If the Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan exists and the landowner or operator is making a reasonable effort to comply with the plan:

(A) The Department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and

(B) The Department may acknowledge the existence of the Approved Voluntary Plan and direct the landowner to seek appropriate technical assistance and revise the plan and its implementation in a manner necessary to eliminate the violation.

(b) The landowner may be subject to the enforcement procedures of the Department outlined in OARs 603-090-0060 through 603-090-0120 if:

(A) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan does not exist; or

(B) The Department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an Approved Voluntary Plan exists and the landowner or operator is not making a reasonable effort to comply with the plan; or

(C) The Department determines that a landowner or operator has not revised a plan per paragraph (a)(B) of this section within the time specified by the Department.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 3-2002, f. & cert. ef. 1-18-02

Upper Mainstem and South Fork John Day River

603-095-2000

Purpose

(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

Hist.: DOA 5-2003, f. & cert. ef. 1-7-03

603-095-2020

Geographic and Programmatic Scope

(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.

[ED. NOTE: Attachments referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 5-2003, f. & cert. ef. 1-7-03

603-095-2040

Prevention and Control Measures

(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.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provisions of ORS 468B.025 or 468B.050.

(3) Livestock Management: By January 1, 2006, livestock areas shall be managed to control direct discharge of pollutants.

(4) Uplands Management: By January 1, 2006, within the vegetative growth capability of the site, private land and access route management must foster sufficient vegetation to protect water quality by providing infiltration, filtering of sediment and animal wastes, and stabilization of soil.

(5) Streamside Management: By January 1, 2006, management of streamside areas must allow the establishment, growth and active recruitment of vegetation, consistent with the vegetative growth capability of the site, for protection of water quality by filtering sediment, stabilizing streambanks, and providing shade.

(6) Irrigation Management: By January 1, 2006, irrigation must be done in a manner that limits the amount of pollutants entering waters of the state.

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 5-2003, f. & cert. ef. 1-7-03

603-095-2060

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution 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.

(5) As used in section OAR 603-095-2060(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2060(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 569.900 to 568.933 or any rules adopted therefore has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 5-2003, f. & cert. ef. 1-7-03

Southern Willamette Valley

603-095-2100

Purpose

(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.

(4) Nothing in the Southern Willamette Valley Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-2100 to 603-095-2160.

Stat. Auth.: ORS 561.190 - ORS 561.191, 568.912
Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 18-2002, f. & cert. ef. 6-14-02

603-095-2120

Geographic and Programmatic Scope

(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.

[ED. NOTE: 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
Hist.: DOA 18-2002, f. & cert. ef. 6-14-02

603-095-2140

Characteristics to Achieve

(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.

Stat. Auth.: ORS 561.190 - ORS 561.191, 568.912
Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 18-2002, f. & cert. ef. 6-14-02

603-095-2160

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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.

(5) As used in section OAR 603-095-2160(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2160, the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191, 568.912
Stats Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 18-2002, f. & cert. ef. 6-14-02

Mid Coast

603-095-2200

Purpose

(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
Hist.: DOA 22-2002, f. & cert. ef. 9-30-02

603-095-2220

Geographic and Programmatic Scope

(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
Hist.: DOA 22-2002, f. & cert. ef. 9-30-02

603-095-2240

Prevention and Control Measures

(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).

(3) Effective on rule adoption, landowners or operators shall prevent nutrient applications that cause pollution to waters of the state.

(4) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(5) Erosion and Sediment Control:

(a) Effective January 1, 2004, agricultural activities will not cause the following visual indicators of erosion where erosion may cause sediment runoff into waters of the state:

(A) Sheet erosion, noted by visible pedestalling, surface undulations, and/or flute marks on bare or sparsely vegetated ground;

(B) Visible active gullies;

(C) Multiple rills, which have the form of gullies, but are smaller in cross-sectional area than one square foot.

(b) This prevention and control measure applies to farm roads and staging areas, pastures, cropland, and other areas where agricultural activities occur.

(6) By January 1, 2003, landowners must prevent pollution from irrigation return flow to waters of the state.

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-2002, f. & cert. ef. 9-30-02

603-095-2260

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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.

(5) As used in section OAR 603-095-2260(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2260, the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-2002, f. & cert. ef. 9-30-02

Middle Willamette

603-095-2300

Purpose

(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
Hist.: DOA 6-2003, f. & cert. ef. 1-7-03

603-095-2320

Geographic and Programmatic Scope

(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.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 6-2003, f. & cert. ef. 1-7-03

603-095-2340

Prevention and Control Measures

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
Hist.: DOA 6-2003, f. & cert. ef. 1-7-03

603-095-2360

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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.

(5) As used in section OAR 603-095-2360(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2360, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 6-2003, f. & cert. ef. 1-7-03

South Santiam Agricultural Water Quality Management Area

603-095-2400

Purpose

(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
Hist.: DOA 7-2003, f. & cert. ef. 1-7-03

603-095-2420

Geographic and Programmatic Scope

(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.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 7-2003, f. & cert. ef. 1-7-03

603-095-2440

Prevention and Control Measures

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).

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 7-2003, f. & cert. ef. 1-7-03

603-095-2460

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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.

(5) As used in section OAR 603-095-2460(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2460, the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 7-2003, f. & cert. ef. 1-7-03

Middle John Day River Subbasin

603-095-2500

Purpose

(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
Hist.: DOA 21-2003, f. & cert. ef. 7-8-03

603-095-2520

Geographic and Programmatic Scope

(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
Hist.: DOA 21-2003, f. & cert. ef. 7-8-03

603-095-2540

Prevention and Control Measures

(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.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Effective by January 1, 2008, streamside management must allow the establishment, growth, and active recruitment of vegetation, consistent with the vegetative capability of the site, for protection of water quality by filtering sediment, stabilizing streambanks and providing shade.

(4) Effective January 1, 2008, irrigation must be done in a manner that limits the amount of pollutants entering waters of the state in the runoff from the irrigated area.

(5) Livestock Management, by January 1, 2008, areas used to control livestock, with a demonstrated impact on water quality, will be managed to control runoff of sediment or animal waste.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 21-2003, f. & cert. ef. 7-8-03

603-095-2560

Complaints and Investigations

(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.

(5) As used in section OAR 603-095-2560(4), "person does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2560(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 21-2003, f. & cert. ef. 7-8-03

Upper Willamette and Upper Siuslaw Agricultural Water Quality Management Area

603-095-2600

Purpose

(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
Hist.: DOA 23-2003, f. & cert. ef. 7-8-03

603-095-2620

Geographic and Programmatic Scope

(1) The Upper Willamette and Upper Siuslaw Agricultural Water Quality Management Area includes the drainage area of the Long Tom River, Upper Siuslaw River, and several smaller streams that drain directly to the Willamette River. The physical boundaries of the Upper Willamette and Upper Siuslaw 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 Upper Willamette and Upper Siuslaw 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 Upper Willamette and Upper Siuslaw 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
Hist.: DOA 23-2003, f. & cert. ef. 7-8-03

603-095-2640

Prevention and Control Measures

(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 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.

(2) Effective upon rule adoption, agricultural activities shall allow the establishment and development of riparian vegetation along perennial and intermittent streams for streambank stability, shading, and proper riparian function, consistent with site capability.

(a) Legally constructed drainage and irrigation ditches are exempt from OAR 603-095-2640(2).

(3) Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(4) Corralled or enclosed livestock areas will be managed to control runoff of sediment and animal waste. Application and storage of manure will be done in a manner that minimizes the introduction of nutrients and bacteria to waterways.

(5) Effective January 1, 2004, agricultural activities will not cause the following visual indicators of erosion where erosion may cause sediment runoff into waters of the state:

(a) Sheet erosion; noted by scoured surfaces or pedestals of soil at the base of plants on sparsely vegetated or bare ground;

(b) Visible active gullies;

(c) Multiple rills, which have the form of gullies, but are smaller in cross-sectional area than one foot.

(d) This prevention and control measure applies to farm roads and staging areas, pastures, cropland, and other areas where agricultural activities occur.

(6) 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.

(7) Agricultural activities shall not cause pollution from active channel erosion or other means of sediment delivery from intermittent streams and drainage ways.

(8) Roadways, staging areas, and heavy-use areas shall be constructed and maintained to prevent sediment or runoff contaminants from adversely affecting waters of the state.

(a) Exemptions: Public roads and roads subject to the Oregon Forest Practices Act.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 23-2003, f. & cert. ef. 7-8-03

603-095-2660

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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 603-095-2660(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-2660(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2660(4), the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 23-2003, f. & cert. ef. 7-8-03

Owyhee Agricultural Water Quality Management Area

603-095-2700

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Owyhee 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 Owyhee Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Owyhee 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 Owyhee Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 24-2003, f. & cert. ef. 7-8-03

603-095-2720

Geographic and Programmatic Scope

(1) The Owyhee Agricultural Water Quality Management Area includes the portions of the following subbasins that are within the state of Oregon's boundaries: southern portion of the Middle Snake-Payette (USGS HUC 1705011503), Lower Owyhee, Middle Snake-Succor, Crooked-Rattlesnake, Jordan, Middle Owyhee, South Fork Owyhee, East Little Owyhee, and the Upper Quinn. The physical boundaries of the Owyhee 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 Owyhee 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 and Tribal Trust lands.

(3) Current productive agricultural use is not required for the provisions of these rules to apply. For example, highly erodible lands with no present active use are within the purview of these rules.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Owyhee 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 do not occur.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 24-2003, f. & cert. ef. 7-8-03

603-095-2740

Prevention and Control Measures

(1) A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.

(2) Pollution Control and Waste Management: Effective on rule adoption. No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Streamside Conditions. By January 1, 2008, no person may contribute to conditions that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability.

(4) Irrigation Surface Water Return Flow:

(a) After January 1, 2008, 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.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 24-2003, f. & cert. ef. 7-8-03

603-095-2760

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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 603-095-2760(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-2760(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2760(4), the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 24-2003, f. & cert. ef. 7-8-03

Willow Creek

603-095-2800

Purpose

(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 Willow Creek Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Willow Creek Agricultural Water Quality Management Area, for the prevention and control of water pollution from agricultural activities and soil erosion. Compliance with division 95 rules is expected to aid in the achievement of applicable water quality standards in the Willow Creek subbasin.

Stat. Auth.: ORS 561.190 - ORS 561.191,ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 34-2003, f. & cert. ef. 9-24-03

603-095-2820

Geographic and Programmatic Scope

(1) The Willow Creek Agricultural Water Quality Management Area includes the area that drains into Willow Creek or the Columbia River between Willow Creek and the Umatilla River. The physical boundaries of the Willow Creek subbasin 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 Willow Creek Agricultural Water Quality Management Area in agricultural use and agricultural and rural lands which are lying idle or on which management has been deferred, with the exception of public lands managed by federal agencies and activities that are subject to the Oregon Forest Practices Act.

(3) The provisions of these rules apply to all agricultural land whether or not in current productive agricultural use.

(4) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Willow Creek subbasin.

(5) For lands in agricultural use within other Designated Management Agencies or state agency jurisdictions, the department and the appropriate Local Management Agency shall work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

Stat. Auth.: ORS 561.190 - ORS 561.191,ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 34-2003, f. & cert. ef. 9-24-03

603-095-2840

Prevention and Control Measures

(1) Limitations: All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-2840 (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

(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.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Upland Management and Soil Erosion: By January 1, 2008, landowners must control upland soil erosion using practical and available methods.

(a) Landowners must control active channel (gully) erosion to protect against sediment delivery to streams.

(b) On croplands, a landowner may demonstrate compliance with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (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.

(c) On rangelands, a landowner may demonstrate compliance with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources, or

(B) Maintaining sufficient live vegetation cover and plant litter to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

(4) Streamside Management: By January 1, 2008, landowners must promote the establishment and development of adequate riparian vegetation for streambank stability, filtering sediment and shading, consistent with site capability.

(5) Irrigation Management: By January 1, 2008, irrigation must be done in a manner that limits the amount of pollutants in the runoff from the irrigated area or that leaches into groundwater.

Stat. Auth.: ORS 561.190 - ORS 561.191,ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 34-2003, f. & cert. ef. 9-24-03

603-095-2860

Complaints and Investigations

(1) When the Department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution 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 603-095-2860(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-2860(4), "person does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2860(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191,ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 34-2003, f. & cert. ef. 9-24-03

Lower John Day

603-095-2900

Purpose

(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 Lower John Day Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Lower 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 in the Lower John Day subbasin.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 15-2004, f. & cert. ef. 6-17-04

603-095-2920

Geographic and Programmatic Scope

(1) The Lower John Day Agricultural Water Quality Management Area includes the area that drains into the John Day River and its tributaries downstream from but not inclusive of the Butte Creek drainage and all streams flowing into the Columbia River between the Lower Deschutes drainage and the Willow Creek drainage. The physical boundaries of the Lower John Day Agricultural Water Quality 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 Lower John Day 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 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 Lower John Day 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, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 15-2004, f. & cert. ef. 6-17-04

603-095-2940

Prevention and Control Measures

(1) Limitations: All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-2940(2), (3), and (4).

(a) A landowner or operator shall be responsible for water quality resulting from conditions caused by the management of the landowner or operator.

(b) These 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 are used 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.

(d) The capability of a site is the highest ecological status a site can attain given political, social, or economic constraints.

(2) Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Soil Erosion and Sediment Control: By January 1, 2008, landowners must control upland soil erosion using technically sound and economically feasible methods.

(a) On croplands, a landowner may demonstrate compliance with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD) approved conservation plan that meets Resource Management Systems (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.

(b) On rangelands, a landowner may demonstrate compliance with this rule by:

(A) Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources, or

(B) Maintaining sufficient live vegetation cover and plant litter, consistent with site capability, to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or

(C) Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.

(c) Landowners must control active gully erosion to protect against sediment delivery to streams. 'Active Gully Erosion' means gullies or channels that at the largest dimension have a cross sectional area of at least one square foot and that occur at the same location for two or more consecutive years of cropping or grazing.

(4) Streamside Management: By January 1, 2008, management must allow the establishment and improvement, over time, of riparian vegetation for streambank stability, filtering sediment and shading, consistent with site capability.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 15-2004, f. & cert. ef. 6-17-04

603-095-2960

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution 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 603-095-2960(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.

(5) As used in section OAR 603-095-2960(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-2960(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 through 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 15-2004, f. & cert. ef. 6-17-04

Upper Deschutes

603-095-3000

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Upper Deschutes 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 Deschutes Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Upper 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 Upper Deschutes Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 25-2003, f. & cert. ef. 7-8-03

603-095-3020

Geographic and Programmatic Scope

(1) The Upper Deschutes Agricultural Water Quality Management Area consists of the Upper and Little Deschutes Subbasins, as defined by the State of Oregon. Additionally, it includes lands in the Crooked River drainage south of the Crooked River and west of the range line between R12E and R13E in T14S in order to include the entire Crooked River Ranch subdivision. 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 Upper 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 are in Tribal Trust.

(3) The provisions and requirements outlined in these rules may be adopted by reference by Designated Management Agencies with appropriate authority and responsibilities in other geographic areas of the Upper Deschutes Agricultural Water Quality Management Area.

(4) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and 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
Hist.: DOA 25-2003, f. & cert. ef. 7-8-03

603-095-3040

Requirements

(1) Landowners must comply with OAR 603-95-3040(2) through (3) within the following limitations:

(a) A landowner is responsible for only those conditions resulting from activities controllable by the landowner. A landowner is not responsible for conditions resulting from activities on other lands.

(2) Streamside Vegetation

(a) Effective January 1, 2005, agricultural activities must allow the establishment and development of appropriate vegetation along natural and channelized streams, consistent with site capability. Noxious weeds are not appropriate vegetation. Vegetation must be adequate to prevent unnatural streambank erosion, moderate water temperature, and filter sediment and nutrients from surface runoff.

(b) Part (a) does not apply to irrigation water conveyance systems, including but not limited to irrigation canals, ditches, and laterals.

(3) ODA Authority to Control Water Pollution

(a) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 25-2003, f. & cert. ef. 7-8-03

603-095-3060

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3060(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3060(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3060(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 25-2003, f. & cert. ef. 7-8-03

Goose and Summer Lakes Basin

603-095-3100

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Goose and Summer Lakes Basin 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 Goose and Summer Lakes Basin Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Goose and Summer Lakes 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 Goose and Summer Lakes Basin Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-2003, f. & cert. ef. 7-8-03

603-095-3120

Geographic and Programmatic Scope

(1) The Goose and Summer Lakes Basin Agricultural Water Quality Management Area consists of the Goose and Summer Lakes Basin, as defined by the State of Oregon. 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 Goose and Summer Lakes 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 and lands that are held in Tribal Trust.

(3) 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 Goose and Summer Lakes Basin Agricultural Water Quality Management Area.

(4) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and 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
Hist.: DOA 22-2003, f. & cert. ef. 7-8-03

603-095-3140

Requirements

(1) Landowners must comply with OAR 603-95-3140(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.

(2) Streamside Vegetation:

(a) Effective August 1, 2008, management activities will allow the establishment, maintenance, or improvement of streamside vegetation for summer shade and streambank stability, based on site capability.

(b) Part (a) does not apply to flood control practices that have been historically used in the Management Area. These practices include, but are not limited to, the maintenance of flood-control channels, dikes and catch basins.

(c) Part (a) does not apply to irrigation water conveyance systems, including but not limited to irrigation canals, ditches, and laterals.

(3) Waste Management

(a) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-2003, f. & cert. ef. 7-8-03

603-095-3160

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3160(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3160(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3160(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, ORS 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 22-2003, f. & cert. ef. 7-8-03

Burnt River Agricultural Water Quality Management Area

603-095-3200

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Burnt River Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900 - 568.933. The area plan is known as the Burnt River Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Burnt 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 Burnt River Water Quality Management Area.

(3) Failure to comply with any provisions of the Burnt River Agricultural Water Quality Management Area Plan:

(a) Does not constitute a violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010 to 603-095-3260;

(b) Is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Burnt River Agricultural Water Quality Management Area Plan shall be:

(a) Construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) Used to interpret any requirement of OAR 603-095-3200 to 603-095-3260.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 28-2003, f. & cert. ef. 8-4-03

603-095-3220

Geographic and Programmatic Scope

(1) The Burnt River Agricultural Water Quality Management Area includes all the drainage area of the Burnt River, from the headwaters to the confluence with the Snake River. The physical boundaries of the Management Area are indicated on the map included as Appendix 1 of these rules.

(2) Operational boundaries:

(a) All lands within the Burnt 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 are subject to OAR 603-095-0010 to 603-095-0040 and 603-095-3200 to 603-095-3260, except those lands excluded under paragraph (b) of this section.

(b) Lands excluded from OAR 603-095-3220(2)(a) are:

(A) Public lands managed by federal agencies;

(B) Tribal Trust Lands; and

(C) The property owned by Daryl and Barbara Hawes located at 20588 Hwy. 245 (T12S R37E: parts of sections 14, 23, 24, and 25. County tax lot number 2300)

(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 Burnt 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.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - ORS561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 28-2003, f. & cert. ef. 8-4-03

603-095-3240

Prohibited Conditions

(1) A landowner shall be responsible for only those conditions caused by activities conducted on land owned or managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances, which could not have been reasonably anticipated.

(2) Pollution Control and Waste Management. Effective on rule adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Streamside Conditions.

(a) By January 1, 2006, activities will allow the establishment and development of riparian vegetation, consistent with site capability. Site capability will be determined by ODA in consultation with local resource management agencies.

(b) Landowners are not responsible for browsing and grazing by wildlife.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 28-2003, f. & cert. ef. 8-4-03

603-095-3260

Complaints and Investigations

(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 there under 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 there under may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3260(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 there under.

(5) As used in section OAR 603-095-3260(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3260, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 28-2003, f. & cert. ef. 8-4-03

Greater Harney Basin

603-095-3300

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Greater Harney Basin 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 Greater Harney Basin Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Greater Harney 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 Greater Harney Basin Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 35-2003, f. & cert. ef. 9-24-03

603-095-3320

Geographic and Programmatic Scope

(1) The Greater Harney Basin Agricultural Water Quality Management Area consists of the Malheur Lake Basin, as defined by the State of Oregon, with the exclusion of the Thousand Virgin Subbasin. The physical boundaries of the Management Area are indicated on the map included as Attachment 1 of these rules. [Attachment not included. See ED. NOTE.]

(2) Operational boundaries for the land base under the purview of these rules include all lands within the Greater Harney 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 and lands that are held in Tribal Trust.

(3) 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 Greater Harney Basin Agricultural Water Quality Management Area.

(4) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Attachment 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
Hist.: DOA 35-2003, f. & cert. ef. 9-24-03

603-095-3340

Requirements

(1) Landowners must comply with OAR 603-95-3340(2) through (3) within the following limitations. 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.

(2) Desired Streamside Riparian Condition:

(a) Effective January 1, 2006, consistent with site capability, persons shall allow regeneration and growth of riparian vegetation along natural waterways to provide for:

(A) Bank stabilization;

(B) Filtration of sediments and nutrients;

(C) The sustainability of riparian community integrity through spring runoff and larger storm events; and

(D) Shade and aquatic habitat.

(b) Part (a) allows water gaps, livestock watering, and hardened livestock crossings in streams that otherwise have desired streamside riparian conditions.

(c) Part (a) does not apply to natural waterways, such as sloughs and backwater areas, that only hold water for short periods of time during spring runoff.

(d) Technical criteria to determine compliance:

(A) Management activities maintain or improve streambank integrity, with a goal of withstanding a 25-year storm event; and

(B) Ongoing renewal and growth of riparian vegetation demonstrates sustainability and vigor.

(e) Compliance will be determined through objective methods using commonly accepted monitoring protocols.

(f) Definitions that apply specifically to OAR 603-095-3340(2):

(A) Riparian means a wetland transition zone that connects riverine aquatic habitats to upland areas.

(B) Natural waterways are streams or rivers that were created through natural processes. They may be altered by human activities, but not created as a result of human activities. Irrigation ditches that contain water diverted from the main channel are not natural waterways.

(C) Riparian Community Integrity is the sustainability of a healthy and vigorous riparian community over time.

(3) Waste Management Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 35-2003, f. & cert. ef. 9-24-03

603-095-3360

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3360(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3360(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3360, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 35-2003, f. & cert. ef. 9-24-03

Crooked River

603-095-3400

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Crooked River 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 Crooked River Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Crooked 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 Crooked River Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 16-2004, f. & cert. ef. 6-17-04

603-095-3420

Geographic and Programmatic Scope

(1) The Crooked River Agricultural Water Quality Management Area consists of the Crooked River Basin with the following exceptions near the mouth of the Crooked River: 1) lands south of the Crooked River and west of the range line between R12E and R13E in T14S to exclude the entire Crooked River Ranch subdivision, which is in the Upper Deschutes Agricultural Water Quality Management Area, and 2) lands north of the Crooked River and west of Sherwood Canyon near Smith Rock, which are in the Middle Deschutes Agricultural Water Quality Management Area. 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 Crooked 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 lands that are held in Tribal Trust.

(3) 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 Crooked River Agricultural Water Quality Management Area.

(4) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Attachment referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 16-2004, f. & cert. ef. 6-17-04

603-095-3440

Requirements

(1) Landowners must comply with OAR 603-95-3440(2) through (3) within the following limitations. 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.

(2) Streamside Riparian Area Management:

(a) Effective January 1, 2009, agricultural management must allow establishment, growth, and active recruitment of streamside riparian vegetation, consistent with site capability, to moderate solar heating, stabilize streambanks, and filter sediment and nutrients from overland flows.

(b) Except as provided in (a), grazing, weed control, and other common agricultural activities are allowed in riparian areas.

(c) Water gaps and hardened crossings are allowed in streams that otherwise meet conditions required under (a).

(3) Waste Management Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 16-2004, f. & cert. ef. 6-17-04

603-095-3460

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3460(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3460(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3460(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 16-2004, f. & cert. ef. 6-17-04

Curry County Agricultural Water Quality Management Area

603-095-3500

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Curry County 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 Curry County Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Curry County Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules (OARs 603-095-3500 through 603-095-3560) is expected to aid in the achievement of applicable water quality standards in the Curry County Water Quality Management Area.

Stat. Auth.: ORS 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 17-2004, f. & cert. ef. 6-17-04

603-095-3520

Geographic and Programmatic Scope

(1) The Curry County Agricultural Water Quality Management Area is comprised of all Curry County drainages and the Floras Creek drainage that extends into Coos County. 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 Curry County Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. These rules (OAR 603-095-3500 through 603-095-3560) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Curry County Agricultural Water Quality Management Area.

(a) Agricultural use does not include the use of land for garden plots primarily used for the cultivation of vegetables, flowers, herbs, or fruits for non-commercial use.

(b) The provisions of the Curry County Agricultural Water Quality Management Area Plan and OARs 603-095-3500 through 603-095-3560 shall not apply to any forest activity subject to the Oregon Forest Practices Act, ORS 527.610

(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) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Appendix referenced are available from the agency.]

Stat. Auth.: ORS 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 17-2004, f. & cert. ef. 6-17-04

603-095-3540

Unacceptable Conditions

(1) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities controlled by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient or temperature loading.

(2) Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Effective June 3, 2007, agricultural management activities in the riparian area of perennial streams will be conducted in a manner that allows for the establishment, growth, and maintenance of riparian vegetation consistent with vegetative site capability so as to provide streambank stability and shade.

(a) Exemptions from OAR 603-095-3540(3) are:

(A) Stream crossings, access for irrigation equipment and other accepted water dependent agricultural uses when conducted in a manner that minimizes impacts on streambank stability.

(B) Streams that do not support native trout and are inaccessible to anandromous fish because of barriers at their junction with the Pacific Ocean.

(C) This rule is not intended to prohibit riparian grazing where it can done while meeting the above vegetative conditions.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 17-2004, f. & cert. ef. 6-17-04

603-095-3560

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 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 603-095-3560(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-95-3560(4), "person" does not include any local, state, or federal agency.

(6) Notwithstanding OAR 603-095-3560(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 17-2004, f. & cert. ef. 6-17-04

Powder/Brownlee Agricultural Water Quality Management Area

603-095-3600

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Powder/Brownlee Agricultural Water Quality Management Area pursuant to authorities vested in the department through ORS 568.900-568.933. The area plan is known as the Powder/Brownlee Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Powder/Brownlee 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 Powder/Brownlee Agricultural Water Quality Management Area.

(3) Failure to comply with any provisions of the Powder/Brownlee Agricultural Water Quality Management Area Plan:

(a) does not constitute a violation of OAR 603-095-0000 to 603-090-0120, or of 603-095-0010 to 635-095-3660;

(b) is not intended by the department to be evidence of a violation of any federal, state, or local law by any person.

(4) Nothing in the Powder/Brownlee Agricultural Water Quality Management Area Plan shall be:

(a) construed as an effluent limitation or standard under the federal Water Pollution Control Act, 33 USC §§ 1251-1376;

(b) used to interpret any requirement of OAR 603-095-3600 to 635-095-3660.

Statutory Authority: ORS 561.190-561.191, ORS 568.912
Stats. Implemented: ORS 568.900-568.933
Hist.: DOA 1-2004, f. & cert. ef. 1-12-04

603-095-3620

Geographic and Programmatic Scope

(1) The Powder/Brownlee Agricultural Water Quality Management Area includes the portions of the following sub-basins that are within the boundaries of the state of Oregon: the Powder (HUC 17050203) and the Brownlee Reservoir (HUC 17050201). The physical boundaries of the Powder/Brownlee 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 Powder/Brownlee 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 Powder/Brownlee 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.

Statutory Authority: ORS 561.190-561.191, ORS 568.912
Stats. Implemented: ORS 568.900-568.933
Hist.: DOA 1-2004, f. & cert. ef. 1-12-04

603-095-3640

Prevention and Control Measures

(1) A landowner shall be responsible for only those conditions caused by activities conducted on land owned or managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.

(2) Pollution Control and Waste Management: Effective on rule adoption. No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Streamside Conditions

(a) By January 1, 2006, activities will allow the establishment and development of riparian vegetation, consistent with site capability. Site capability will be determined by ODA in consultation with local resource management agencies.

(b) Landowners are not responsible for browsing and grazing by wildlife.

(c) The rule does not specify any activities that must cease and does not require any particular activity to take place.

Statutory Authority: ORS 561.190-561.191, ORS 568.912
Stats. Implemented: ORS 568.900-568.933
Hist.: DOA 1-2004, f. & cert. ef. 1-12-04

603-095-3660

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate 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 603-095-3660(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3660(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3660, the department may investigate at any time any complaint if the Department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Statutory Authority: ORS 561.190-561.191, ORS 568.912
Stats. Implemented: ORS 568.900-568.933
Hist.: DOA 1-2004, f. & cert. ef. 1-12-04

Lower Willamette

603-095-3700

Purpose

(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 Lower Willamette Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Lower Willamette 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 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 4-2004, f. & cert. ef. 1-23-04

603-095-3720

Geographic and Programmatic Scope

(1) The Lower Willamette Agricultural Water Quality Management Area includes the area that drains into the Willamette River between a point due east of Bolton and the confluence with the Columbia River. Also included are areas that drain into the Columbia Slough between a point straight north of Troutdale and the confluence with the Willamette River and the area that drains into Multnomah Slough from the south between the Columbia/Multnomah County line and the confluence with the Willamette River. The physical boundaries of the Lower Willamette 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 Lower Willamette 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 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 4-2004, f. & cert. ef. 1-23-04

603-095-3740

Prevention and Control Measures

(1) All landowners or operators conducting activities on agricultural and rural lands are provided the following exemptions from the requirements of OAR 603-095-3740 (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.

(2) Waste Management: Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

(3) Nutrient Management: Effective upon adoption.

(a) Landowners and operators shall prevent the runoff or leaching of contaminated water from feed and manure storage piles into waters of the state, including but not limited to groundwater.

(b) Landowners or operators shall store, use, and apply crop nutrients in a manner that prevents transport into the waters of the state.

(4) Erosion Management: Effective upon rule adoption, there shall be no visible evidence of erosion resulting from agricultural activities in a location where erosion contributes, or may contribute, sediment to waters of the state.

(a) Visible evidence of erosion consists of one or more of the following features:

(A) Sheet wash, noted by visible pedastalling, surface undulations, and/or flute marks on bare or sparsely-vegetated ground; or

(B) Visibly active gullies, as defined by OAR 603-095-0010(1); or

(C) Multiple rills, which have the form of gullies, but are smaller in cross sectional area than one square foot; or

(D) Visible soil deposition that could enter natural stream areas; or

(E) Streambanks breaking down, eroding, tension-cracking, shearing or slumping beyond the level that would be anticipated from natural disturbances given natural hydrologic characteristics; or

(F) Underground drainage tile outlets either improperly installed or maintained allowing soil or bank erosion to actively occur.

(b) Private roads used for agricultural activities shall be constructed and maintained such that road surfaces, fill, ditch lines, and associated structures are designed and maintained to prevent and control contributing sediment to waters of the state. All private roads not subject to the Oregon Forest Practices Act are subject to this regulation.

(c) Drainage and irrigation ditch construction and maintenance must be done such that:

(A) Ditch slope and ditch cross section are designed for the local soils and minimize erosion;

(B) Placement of disposed soils is done in a manner that prevents reintroduction to waters of the state; and

(C) Other appropriate best management practices are employed when necessary so that sediment delivery is consistent with water quality standards.

(5) Riparian Management: Effective upon rule adoption.

(a) Agricultural activities in Riparian Management Areas will allow for the development of riparian vegetation along streams to provide:

(A) Shade for minimizing solar heating of the stream;

(B) Streambank stability from flows at or below those expected to occur during or following a 25-year, 24-hour storm event;

(C) Filtration, settlement, and biological uptake of sediment, organic material, nutrients, and pesticides in surface runoff by intercepting or slowing overland flow;

(D) Improvement to water storage capacity of the riparian zone; and

(E) Protection of streams from flashy flows by infiltrating runoff and overland flow.

(b) The Riparian Management Area is defined by that area needed to achieve OAR 603-095-3740(5)(a)(A)–(E).

(c) Streams as used in OAR 603-095-3740(5)(a) are those that are identified in the 2001 Metro stream map Regional Land Information System (RLIS) lite stm_line.shp and stm_fill.shp.

(d) Riparian vegetation in OAR 603-095-3740(5) includes grasses, sedges, shrubs and trees that are consistent with site capability.

(e) Riparian area development can be through allowing natural processes to occur or through active management to accelerate achieving OAR 603-095-3740(5)(a)(A)–(E).

(f) Sufficient Riparian Management Area width will be site specific, and may vary by soil type, hydrology, climate, geology, and man-made limitations, and other factors.

(g) Within the entire Riparian Management Area the technical criteria to determine compliance with OAR 603-095-3740(5)(a) are:

(A) Ongoing renewal or establishment of riparian vegetation, especially native.

(B) Where sufficient functions required in OAR 603-095-3740(5)(a) have not been met, at least 50% of each year’s new growth of woody vegetation, both trees and shrubs, is maintained.

(h) Management activities within the Riparian Management Area are allowed provided they do not compromise achieving the conditions described in 603-095-3740(4) and 603-095-3740(5)(a).

(i) Drainage and irrigation ditches are not subject to the riparian management provisions cited above but are subject to OAR 603-095-3740(4).

Stat. Auth: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 4-2004, f. & cert. ef. 1-23-04

603-095-3760

Complaints and Investigations

(1) When the Department receives notice of an alleged occurrence of agricultural pollution it may conduct an investigation. The department will 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 603-095-3760(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3760(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3760(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120.

Stat. Auth: ORS 561.190 - 561.191 & 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 4-2004, f. & cert. ef. 1-23-04

 

Klamath Headwaters Area

603-095-3800

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Klamath Headwaters 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 Klamath Headwaters Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Klamath Headwaters Agricultural Water Quality Management Area to prevent and control water pollution from agricultural activities and soil erosion. Compliance with division 95 rules (OARs 603-095-3800 through 603-095-3860) is expected to aid in the achievement of applicable water quality standards in the Klamath Headwaters Agricultural Water Quality Management Area.

Stat. Auth: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 10-2004, f. & cert. ef. 3-22-04

603-095-3820

Geographic and Programmatic Scope

(1) The Klamath Headwaters Agricultural Water Quality Management Area is comprised of the Upper Klamath Lake drainages, the west Klamath River drainages including the headwaters of Spencer Creek in Klamath County and Jenny, Cottonwood and Colstein Creeks in Jackson County, and excludes the entire Lost River Drainage and the Klamath Project lands on the west side of the Klamath River down to the Keno dam. 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 Klamath Headwaters Agricultural Water Quality Management Area in agricultural use, agricultural and rural lands that are lying idle or on which management has been deferred, and forested lands with agricultural activities, with the exception of public lands managed by federal agencies. These rules (OAR 603-095-3800 through 603-095-3860) will affect any lands in agricultural use on all non-Federal and non-Tribal lands in the Klamath Headwaters Agricultural Water Quality Management Area.

(a) Agricultural use does not include the use of land for garden plots used for the cultivation of vegetables, flowers, herbs, or fruits for non-commercial, personal use.

(b) The provisions of the Klamath Headwaters Agricultural Water Quality Management Area Plan and OARs 603-095-3800 through 603-095-3860 shall not apply to any forest activity subject to the Oregon Forest Practices Act, ORS 527.610.

(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) 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.

Stat. Auth: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 10-2004, f. & cert. ef. 3-22-04

603-095-3840

Unacceptable Conditions

(1) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities caused by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner on other lands. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. A landowner is not responsible for natural increases in nutrient or temperature loading.

(2) Excessive Sheet and Rill Erosion: Effective January 1, 2007. Combined sheet, rill and wind erosion of soil averaged through a crop rotation period shall not be greater than the soil-loss tolerance value (T).

(3) Nonfunctional Riparian Conditions: Effective January 1, 2007.

(a) Agricultural activities must not create riparian conditions that are downward-trending according to Technical Reference 1737-15, 1998, United States Department of Interior, Bureau of Land Management (Proper Functioning Condition) guidelines or that degrade stream shading consistent with site capability.

(b) Agricultural activities must not prevent riparian areas rated as non-functional by Proper Functioning Condition Guidelines from improving consistent with site capability.

(c) Exemptions from OAR 603-095-3840(3)(a) and (b).

(A) Limited duration agricultural activities such as pump installation or livestock crossings provided they do not compromise achieving the conditions described in 603-095-3840(3)(a) and (b).

(B) Constructed irrigation delivery systems, dikes, borrow pits, drainage ditches, and ponds not hydraulically connected to waters of the State.

(d) This rule is not intended to prohibit riparian grazing where it can be managed to meet water quality standards.

(4) Effective upon adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 10-2004, f. & cert. ef. 3-22-04

603-095-3860

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, or through notification by another agency, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 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 603-095-3860(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 603-095-3860(4), "person" does not include any local, state, or federal agency.

(5) Notwithstanding OAR 603-095-3860(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(6) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 10-2004, f. & cert. ef. 3-22-04

Lost River Subbasin

603-095-3900

Purpose

(1) These rules have been developed to implement a water quality management area plan for the Lost River Subbasin 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 Lost River Subbasin Agricultural Water Quality Management Area Plan.

(2) The purpose of these rules is to outline requirements for landowners in the Lost River Subbasin 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 Lost River Subbasin Agricultural Water Quality Management Area.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 18-2004, f. & cert. ef. 6-17-04

603-095-3920

Geographic and Programmatic Scope

(1) The Lost River Subbasin Agricultural Water Quality Management Area is comprised of the Oregon portion of the Lost River subbasin, as defined by the US Geological Survey. 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 Lost River Subbasin 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 Lost River Subbasin Agricultural Water Quality Management Area.

(5) For lands in agricultural use within other Designated Management Agencies' or state agency jurisdictions, the department and the appropriate Local Management Agency will work with these Designated Management Agencies to assure that provisions of these rules apply, and to assure that duplication of any services provided or fees assessed does not occur.

[ED. NOTE: Attachment referenced are available from the agency.]

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 18-2004, f. & cert. ef. 6-17-04

603-095-3940

Requirements

(1)(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. Landowners will not be required to implement practices or management systems that are not practical and effective for their operation. Where a prohibited condition results from the requirement(s) of another government entity, the department will work with the other government entity and the landowner to resolve the condition. As long as the landowner is cooperating with the department in resolving the condition, the department will not assess a civil penalty against the landowner for that condition. Any enforcement action under this provision shall be consistent with the policies described in the water quality management area plan and OAR 603-090-0000(4)(e). The department will consider costs, benefits, and economic feasibility when working with a landowner to resolve a compliance issue. The department will seek input from the local management agency prior to requiring a schedule of corrective practices.

(b) Unless otherwise restricted by state or federal law, conditions resulting from limited duration activities are exempt.

(2) Sheet Rill and Wind Erosion

(a) Combined sheet, rill, and wind erosion of soil, averaged through a crop rotation period, must be less than or equal to T.

(b) If an alternative standard is needed for certain soils, the department and the Klamath SWCD, acting as the Local Management Agency, will request an alternative recommendation from the NRCS State Conservationist for an appropriate erosion control standard.

(3) Streamside Areas:

(a) By December 31, 2005, agricultural activities must allow the establishment or improvement of vegetation to provide bank stability and shading of natural streams consistent with the vegetative capability of the site. Evaluation of vegetation will consider conditions for a stream reach in contiguous ownership.

(b) Except as provided in (a), grazing, weed control, and other common agricultural activities are allowed in riparian areas.

(c) Channel maintenance provided for under ORS 196.600 to 196.905 (Removal Fill laws) is not subject to 603-095-3940(3)(a).

(4) Livestock Waste Management:

(a) Effective on rule adoption, landowners must prevent movement of animal waste into waters of the state from animal handling or feeding operations that concentrate animal waste.

(b) Waste storage and application shall be done in such a way as to keep from exceeding beneficial use for forage and/or crops.

(5) Waste Management Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 18-2004, f. & cert. ef. 6-17-04

603-095-3960

Complaints and Investigations

(1) When the department receives notice of an alleged occurrence of agricultural pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency.

(2) Each notice of an alleged occurrence of agricultural pollution will be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted.

(3) Any person allegedly being damaged or otherwise adversely affected by agricultural pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department.

(4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-3960(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:

(a) The waters of the state allegedly being damaged or impacted; and

(b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder.

(5) As used in section OAR 603-095-3960(4), "person" does not include any local, state or federal agency.

(6) Notwithstanding OAR 603-095-3960(4), the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety.

(7) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred, the landowner may be subject to the enforcement procedures of the department outlined in OARs 603-090-0060 through 603-090-0120.

Stat. Auth.: ORS 561.190 - 561.191, 568.912
Stats. Implemented: ORS 568.900 - 568.933
Hist.: DOA 18-2004, f. & cert. ef. 6-17-04

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​