OAR 603-095-0940: Required Prevention and Control Measures

(1) All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by agricultural activities conducted on land controlled by the landowner. A landowner is not responsible for prohibited conditions resulting from actions by another landowner. Conditions resulting from unusual weather events (equalling or exceeding a 25-year storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior approval by the department. The intent of these rules, in accordance with the Clean Water Act, is to protect clean water while also maintaining the economic viability of individual farming enterprises. (2) Placement, Delivery, or Sloughing of Wastes: Effective upon adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or 468B.050. (3) Irrigation Surface Water Return Flow: (a) After January 1, 2006, irrigation surface water return flow to waters of the state shall not cause an excessive, systematic, or persistent increase in sediment levels already present in the receiving waters, except where the return flows do not cause the receiving waters to exceed established sediment standards. (b) A landowner conducting irrigation activities in accordance with a plan approved in writing by the department or its designee shall be deemed to be in compliance with this rule. (4) Active Streambank Erosion: By January 1, 2006, no person may cause active streambank erosion beyond the level that would be anticipated from natural disturbances given existing hydrologic characteristics. (5) Riparian Vegetation: By January 1, 2006, no conditions are allowed that prevent the establishment and development of adequate riparian vegetation consistent with vegetative site capability to control water pollution by providing control of erosion, filtering of sediments, moderation of solar heating and infiltration of water into the soil profile. (6) Range and Pasture Management: (a) By January 1, 2006, vegetative condition on rangelands and pasturelands shall be managed such that the functionality of the watershed is not impaired. Watershed function includes the ability of vegetation to filter sediment, utilize nutrients, control soil erosion, optimize infiltration of water to the soil profile, and minimize the rate and maximize the duration of runoff from precipitation. (b) A landowner conducting range and pasture management activities in accordance with a plan approved in writing by the department or its designee shall be deemed to be in compliance with this rule.