Or. Admin. Code § 603-095-1540

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-095-1540 - Prohibited Conditions

(1)

(a) All landowners or operators conducting activities on lands in agricultural use will comply with the following criteria. A landowner is responsible for only those conditions resulting from activities caused by the landowner. A landowner is not responsible for conditions resulting from actions by another landowner. A landowner is not responsible for conditions resulting from unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.

(b) Limited duration activities may be exempt from these conditions subject to prior written approval by the department.

(2) Sediment Management: Effective three years after rule adoption, soil erosion associated with agricultural cultivation shall not deliver sediment sufficient to violate water quality standards.

(3) Nutrient Management: Effective three years after rule adoption, application and storage of manure, commercial fertilizer, and other added nutrient inputs to agricultural lands will be done in a manner that minimizes the introduction of nutrients into waterways.

(4) Pesticide Management: Effective three years after rule adoption, in cranberry production, water storage systems that intercept agricultural drainage containing pesticides and that reapply this water will be designed to minimize percolation of drainage waters to groundwater or overflow of the impoundment to surface waters.

(5) Riparian Management:

(a) Effective three years after rule adoption, management activities in the riparian area will be conducted in a manner that allows the establishment, growth, and maintenance of riparian vegetation consistent with vegetative site capability so as to provide some combination of filtering capacity, sediment trapping, stream bank stability, and shade.

(b) Exemptions shall include stream crossings, access for irrigation equipment and other accepted water dependent agricultural uses when conducted in a manner that minimizes impacts on streambank stability.

(6) Irrigation Management: Effective three years after rule adoption, application (direct, chemigation, and fertigation) and irrigation systems will be managed to minimize runoff and the introduction of nutrients and farm chemicals into waterways.

(7) Waste Management: Effective upon adoption, no person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

Or. Admin. Code § 603-095-1540

DOA 11-2002, f. & cert. ef. 3-7-02

Stat. Auth.: ORS 561.190 - ORS 561.191 & ORS 568.912

Stats. Implemented: ORS 568.900 - ORS 568.933