Or. Admin. Code § 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

Notes

Or. Admin. Code § 603-095-0700

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

Statutory Auth.: ORS 561.190-OAR 561.191, OAR 568.909

Stats. Implemented: ORS 568.900 - OAR 568.933