OAR 603-095-1360: Voluntary Water Quality Farm Plans

(1) Intent: Landowners or operators are encouraged to develop and implement an approved Voluntary Water Quality Farm Plan (approved voluntary plan). An approved voluntary plan is defined in OAR 603-095-0010(6) and is not the same as a voluntary plan defined in 603-095-0010(51). (2) In order to be considered for approval, voluntary plans shall be designed to meet criteria in OAR 603-095-1340. At a minimum, approved voluntary plans shall include the following information: (a) General components: (A) Maps, aerial photographs, and soil survey, water resource and other natural resource inventory information shall be included to the extent that the information is pertinent and necessary in the formulation of the voluntary plan to assure it achieves the criteria in OAR 603-095-1340; (B) A list of fields, land uses, acres and resource concerns; and (C) Any agreements entered into by the landowner or operator involving any agency providing technical or financial assistance in the completion of the conservation measures included in the voluntary plan. (b) Depending on the nature of the operation, any or all of the following specific components shall be included in the voluntary plan. If any of the components do not apply to the operation, the plan shall so indicate: (A) Erosion prevention and sediment control; (B) Livestock waste management; (C) Roads, staging areas and farmstead construction and maintenance; (D) Streamside area management; (E)(i) Irrigation management. (ii) Plans filed with the department pursuant to letters of intent submitted by operators of container nurseries may meet the requirements of the irrigation management component of a voluntary plan, provided that such plans meet other requirements under OAR 603-095-1360(2) and (3). (F) Nutrient Management. (G) Pesticide management to minimize off-site transport. (3) Preparation: (a) The landowner or operator may prepare the voluntary plan, arrange with a Local Management Agency to prepare the plan, or may contract with another person or agency to prepare the plan. (A) The Local Management Agency may require certification by a professional soil scientist or soil conservationist, or a registered professional engineer, that the voluntary plan meets the standards of the USDA Natural Resources Conservation Service technical guide for conservation plans, and that completion of the conservation measures included in the plan will enable the landowner or operator to meet the criteria in OAR 603-095-1340; or (B) The Local Management Agency may require proof from the preparer of the plan that he or she is qualified to prepare such a plan. (b) The Local Management Agency may require such additional documentation as is necessary to identify in detail the conservation measures listed. (4) Implementation schedule: Any portion of a voluntary plan designed to meet the criteria in OAR 603-095-1340 shall provide a schedule of implementation until the relevant criteria in 603-095-1340 are met. (5) Approval: (a) The Local Management Agency shall approve or disapprove voluntary plans and any plan amendments at a scheduled meeting and shall maintain a record of its actions as part of the meeting minutes. Approved voluntary plans and plan amendments shall be signed by the chair or the chair’s designee. As a condition of approval, all voluntary plans shall meet the criteria in OAR 603-095-1340 and the criteria for plan preparation contained in 603-095-1360(2) and (3). (b) In the event that the Local Management Agency finds that a voluntary plan or a plan amendment does not meet the criteria in OAR 603-095-1340 or the criteria for plan preparation contained in 603-095-1360(2) and (3), the Local Management Agency shall provide a written explanation, by certified mail, to the landowner or operator who submitted the plan, listing all the deficiencies to be corrected. (c) Voluntary plans approved under 603-095-1360(5)(a) shall be considered approved until such time as the department adopts new standards or rules applying to approved voluntary plans. (6) Appeal: (a) Any landowner or operator may request reconsideration of the Local Management Agency’s decision to disapprove a voluntary plan or a plan amendment by submitting a request for a hearing before a scheduled Local Management Agency meeting. If an appeal is filed, the Local Management Agency shall reconsider its decision at its next regularly scheduled meeting and may either affirm, modify or reverse its previous decision. The purpose of the hearing shall be to present relevant information or evidence that the Local Management Agency’s action was not based on an appropriate or adequate evaluation of the voluntary plan or plan amendment. The Local Management Agency shall maintain a record of its action regarding reconsideration as part of the meeting minutes. (b) A landowner or operator may appeal the Local Management Agency’s denial of reconsideration within thirty days of the date of the reconsideration decision by filing a hearing request with the department. If the landowner or operator appeals within the prescribed period, the department shall notify the Local Management Agency. The Local Management Agency shall forward its action and rationale to the department within seven days of such notification. (c) Within thirty (30) days of receiving an appeal request, the department shall schedule a hearing between the landowner or operator, a designated representative of the Local Management Agency, and a representative of the department. The purpose of the hearing shall be to review the Local Management Agency’s reconsideration decision. If the representatives of the department and the Local Management Agency can reach agreement, they shall forward a joint recommendation to the Local Management Agency for approval at its next regularly scheduled meeting. The Local Management Agency shall maintain a record of its action as part of its meeting minutes. (d) If the representatives of the department and the Local Management Agency cannot agree on a joint recommendation, the department may approve or disapprove the voluntary plan or plan amendment. The department shall forward a copy of its decision to the landowner or operator and the Local Management Agency. (7) Amendments to an existing plan: Any amendments to an existing approved voluntary plan shall be approved by the Local Management Agency in accordance with OAR 603-095-1360(5) and (6).