Or. Admin. Code § 603-095-1840

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-095-1840 - Prohibited Conditions

(1) Limitations. A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events or other exceptional circumstances which could not have been reasonably anticipated.

(2) Excessive Sheet and Rill Erosion:

(a) By January 1, 2006, soil erosion will be reduced to the "Soil Loss Tolerance Factor" or "T".

(b) For croplands which the department determines cannot practically or economically achieve "T" soil erosion will be reduced to 5 tons per acre per year averaged over the length of the rotation.

(c) Reduction of soil erosion will be calculated by the Revised Universal Soil Loss Equation (RUSLE), with supporting data from the Natural Resource Conservation Service Field Office Technical Guide and similar data from other credible sources.

(3) Excessive Gully Erosion:

(a) By January 1, 2006, no person shall cause conditions on the land that contribute to gully erosion delivering sediment directly to the waters of the state. Gullies are defined as channels which at the largest dimension have a cross sectional area of at least one square foot and which occur at the same location for two or more consecutive years.

(b) No violation of this condition will be deemed to have occurred if the affected landowner has established and maintained a department or local Designated Management Agency approved effective management program. An effective management program shall provide assurance that reasonable steps have been taken to lessen and manage gully formation.

(4) Pollution Control and Waste Management. Effective on rule adoption: No person subject to these rules shall violate any provision of ORS 468B.025 or ORS 468B.050.

(5) Streamside Conditions. By January 1, 2006, no person may contribute to conditions that preclude establishment and development of adequate riparian vegetation for streambank stability and shading, consistent with site capability.

(6) Irrigation Return Flow:

(a) By January 1, 2006, no person may cause bacteria levels in irrigation tailwater to exceed state water quality standards. When the irrigation water at the point of initial application already exceeds the bacteria standard, then the bacteria level in the tailwater cannot be higher than the level in the irrigation water at the point of initial application.

(b) A landowner shall be responsible for only those conditions caused by activities conducted on land managed by the landowner. Criteria do not apply to conditions resulting from unusual weather events, natural background levels of bacteria or other exceptional circumstances which could not have been reasonably anticipated.

Or. Admin. Code § 603-095-1840

DOA 21-2001, f. & cert. ef. 9-20-01

Publications: Publications referenced are available from the agency.

Stat. Auth: ORS 561.190 - 561.191 & ORS 568.909

Stats. Implemented: ORS 568.900 - 568.933