Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 568.912
Stats. Implemented: ORS 568.900 - ORS 568.933
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