OAR 603-095-0540: Required 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. 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 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. 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. 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. 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.