OAR 603-095-1380: Complaints and Investigations

(1) When the department receives notice of an apparent occurrence of agricultural water pollution through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation. The department may, at its discretion, coordinate inspection activities with the appropriate Local Management Agency. (2) Each notice of an apparent occurrence of agricultural water pollution shall be evaluated in accordance with the criteria in ORS 568.900 to 568.933 or any rules adopted thereunder to determine whether an investigation is warranted. (3) Any person allegedly being damaged or otherwise adversely affected by agricultural water pollution or alleging any violation of ORS 568.900 to 568.933 or any rules adopted thereunder may file a complaint with the department. (4) The department will evaluate or investigate a complaint filed by a person under section OAR 603-095-1380(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of: (a) The waters of the state allegedly being damaged or impacted; and (b) The property allegedly being managed under conditions violating criteria described in ORS 568.900 to 568.933 or any rules adopted thereunder. (5) As used in section OAR 603-095-1380(4), “person” does not include any local, state or federal agency. (6) Notwithstanding OAR 603-095-1380, the department may investigate at any time any complaint if the department determines that the violation alleged in the complaint may present an immediate threat to the public health or safety. (7) Actions based on investigation findings: (a) If the department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is making a reasonable effort to comply with the plan: (A) The department shall inform the landowner of the non-compliance with ORS 568.900 to 568.933 or any rules adopted thereunder; and (B) The department may acknowledge the existence of the approved voluntary plan and direct the landowner to seek appropriate technical assistance and to revise the plan and its implementation in a manner necessary to eliminate the violation. (b) The landowner may be subject to the enforcement procedures of the department outlined in OAR 603-090-0060 through 603-090-0120 if: (A) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan does not exist; or (B) The department determines that a violation of ORS 568.900 to 568.933 or any rules adopted thereunder has occurred and an approved voluntary plan exists and the landowner or operator is not making a reasonable effort to comply with the plan; or (C) The department determines that a landowner or operator has not revised a voluntary plan pursuant to OAR 603-095-1380(6)(a)(B) within the time specified by the department.