OAR 340-051-0007: Implementation of OAR 340-051

(1) Oregon Department of Agriculture Authority. Pursuant to ORS 468B.200 through 468B.230 and the Memorandum of Understanding between the Environmental Quality Commission and Oregon Department of Agriculture (October 2002), the Oregon Department of Agriculture is authorized to implement the provisions of OAR 340, division 051 consistent with OAR 603, division 074 Confined Animal Feeding Operation Program. (2) Certification of Plans and Specifications. In lieu of Department approval of plans and specifications as required by OAR 340-051-0015, the Department will accept certification by a licensed engineer that waste water control facilities specified in subsection (2)(a) of this rule were designed and constructed in compliance with OAR 340-051-0055 through 340-051-0070. (a) Certifications may only be made for: (A) Earthen impoundments, conveyances, and animal holding areas; (B) Earthen-floored buildings and animal travel lanes between buildings in the production area; and (C) Primary storage structures for liquid and solid manure. For purpose of this paragraph, a primary storage structure is any storage structure intended to hold an operation’s waste for a period of five or more days. (b) Certifications must be submitted on forms approved by the Department. (c) Certification in lieu of Department approval is not allowed for waste water control facilities using experimental or unproven treatment methods or technology and may be disallowed for any other facility if the Department determines that the nature of the facility or operation is such that Department review is needed to ensure protection of waters of the state. (3) Exclusion from Department Approval. Construction or modification of waste water control facilities, other than impoundments, conveyances, holding areas, buildings and animal travel lanes within the production area, and primary storage structures, are not subject to design or post-construction review and approval requirements unless the Department determines that the nature of the facility is such that review is needed to ensure protection of waters of the state.