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.
