Or. Admin. Code § 603-090-0050 - Request for Alternate Measures - Filing, Content, and Approval
(1) A request for
alternate measures shall be made in writing and filed with the director. The
request may be filed at anytime.
(2) A request shall include a detailed
description of proposed alternate measures and sufficient information to
determine whether the request satisfies the requirements of section (3) of this
rule.
(3) A request for alternate
measures shall be approved if the director, following consultation with other
agencies as appropriate, finds that the alternate measures will provide a level
of water quality protection equivalent to that which is provided by the
specific actions required to comply with the agricultural water quality
management area rules.
(4) The
director shall determine whether to allow a request for alternate measures
within 60 days after the request is received unless the landowner agrees to
extend the period or the director makes a determination that a longer period of
time is required to obtain sufficient information to evaluate the request. If
the request is filed while an enforcement action is pending, this 60 day period
shall not begin to run until the enforcement action has been concluded. The
enforcement action shall not be considered concluded if an appeal is pending or
Civil Penalties remain unpaid.
(5)
The director's decision to approve or deny a request for alternate measures
shall be in writing and shall be an order in contested case issued in a manner
consistent with the provisions of ORS
183.415,
568.900 to
568.933, and OAR chapter
137.
Notes
Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933
Statutes/Other Implemented: ORS 568.900 - 568.933
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.