Current through Register Vol. 63, No. 12, December 1, 2024
(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
