OAR 603-074-0010
Definitions
(1)
“Annual fee” means that fee required each year of operation for each confined animal feeding operation with a national pollutant discharge elimination system (NPDES) permit or a water pollution control facilities (WPCF) waste disposal permit including, but not limited to, that fee required under ORS 561.255 (Permits for confined animal feeding operations or concentrated animal feeding operations) as amended by HB 2061 (2019).(2)
“Compliance” means meeting the requirements of ORS Chapter 468 (Environmental Quality Generally) or 468B or any rule, order, or permit adopted thereunder and relating to the control and prevention of water pollution from an animal feeding operation, a concentrated animal feeding operation, or a confined animal feeding operation.(3)
“Confined animal feeding operation (CAFO)” means:(a)
The concentrated confined feeding or holding of animals or poultry, including but not limited to horse, cattle, sheep, or swine feeding areas, dairy confinement areas, slaughterhouse or shipping terminal holding pens, poultry and egg production facilities and fur farms;(A)
In buildings or in pens or lots where the surface has been prepared with concrete, rock or fibrous material to support animals in wet weather; or(B)
That have wastewater treatment works; or(C)
That discharge any wastes into waters of the state.(b)
An animal feeding operation that is subject to regulation as a concentrated animal feeding operation pursuant to 40 CFR § 122.23.(4)
“Department” means the Oregon Department of Agriculture or the Oregon Department of Environmental Quality.(5)
“Director” means the director of the Oregon Department of Agriculture or the director of the Oregon Department of Environmental Quality.(6)
“Flagrant violation” means any violation where the respondent had actual knowledge of the law and knowingly committed the violation.(7)
“Formal enforcement action” means any order of the director or the director’s designee that is issued to a respondent in connection with a violation and requires the respondent to cease the violation, refrain from further violations, pay a civil penalty, or take other actions with respect to the violation. Formal enforcement actions include, but are not limited to, notices of noncompliance, civil penalty assessment, compliance schedules and stipulated or consent orders.(8)
“General Permit” means CAFO NPDES General Permit #01-2016 (issued October 1, 2003) or CAFO WPCF General Permit #01-2015 (issued October 1, 2015) or any CAFO general permit subsequently issued.(9)
“General permitted confined animal feeding operation” means:(a)
A small confined animal feeding operation that is registered to a general NPDES or WPCF permit and has less than 200 dairy cattle, less than 300 cattle, or less than a number of animals of other species as described in the attached table under a small operation;(b)
A medium confined animal feeding operation that is registered to a general NPDES or WPCF permit and has between 200 and 699 mature dairy cattle, between 300 and 999 cattle, or numbers of animals of other species as described in the attached table for a medium operation;(c)
A large Tier I confined animal feeding operation that is registered to a general NPDES or WPCF permit and has between 700 and 2,499 mature dairy cows, between 1,000 and 3,499 cattle, or numbers of other species described in the attached table for a Tier I large confined animal feeding operation; or is a large livestock auction yard or large seasonal feedlot; or(d)
A large Tier II confined animal feeding operation that is registered to a general NPDES or WPCF permit and has 2,500 or more mature dairy cows, 3,500 or more cattle, or numbers of other species described in the attached table for a Tier II large confined animal feeding operation.(10)
“Individual Permit” means an NPDES Permit or a WPCF Permit issued to a confined animal feeding operation.(11)
“Individual Permitted confined animal feeding operation” means:(a)
A Tier I confined animal feeding operation that is registered to an individual NPDES or WPCF permit and has no more than 9,999 mature dairy cows, no more than 12, 249 cattle, or nor more than the number of animals of other species described in the attached table for a Tier I individual confined animal feeding operation; or(b)
A Tier II confined animal feeding operation that is registered to an individual NPDES or WPCF permit and that has 10,000 or more mature dairy cows, 12,250 or more cattle, or more than the number of other species described in the attached table for a Tier II individual confined animal feeding operation.(13)
“Livestock auction market” means a place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis.(14)
“Manure” means manure, bedding, compost and raw materials or other materials commingled with manure or set aside for disposal.(15)
“Navigable waters” means all navigable waters of the United States and their tributaries; interstate waters; and interstate lakes, rivers, and streams that are used by interstate travelers for recreation of other purposes or from which fish or shellfish are take and sold in interstate commerce or that are used for industrial purposes by industries in interstate commerce.(17)
“New confined animal feeding operation” means a newly constructed confined animal feeding operation that has never been permitted or a confined animal feeding operation that is not newly constructed but which is not currently permitted under either an individual or a general NPDES or WPCF permit but from which pollutants may discharge into navigable waters or into waters of the state.(18)
“NPDES Permit” means a waste discharge permit issued in accordance with the National Pollutant Discharge Elimination System authorized by the Federal Act, and OAR chapter 340, division 045.(19)
“Order” has the meaning given in ORS 183.310 (Definitions for chapter)(5).(20)
“Person” means the United States and agencies thereof, any state, any individual, public or private corporation, political subdivision, governmental agency, municipality, co-partnership, association, firm, trust, estate or any other legal entity whatever.(21)
“Past occurrence of violations,” as used in OAR 603-074-0080 (Civil Penalty Determination Procedure)(4), means any violation for which a notice of noncompliance or assessment of civil penalty was issued within the preceding ten years. It does not include a violation if the notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.(22)
“Pollution” or “water pollution” has the meaning given in ORS 468B.005 (Definitions for water pollution control laws)(3).(23)
“Previous notice of the same or similar violation,” as used in OAR 603-074-0070 (Civil Penalty Assessment)(2), means a notice of noncompliance or assessment of civil penalties for the same or a similar type of violation that was issued within the preceding five years. It includes a notice for the same or a similar type of violation that is the subject of a pending appeal. It does not include a notice that has been withdrawn or successfully appealed.(24)
“Process wastewater” or “process wastes” means water directly or indirectly used in the operation of the CAFO for any or all of the following: spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits, or other CAFO facilities; direct contact swimming, washing, or spray cooling of animals; or dust control. Process wastewater or process wastes also includes any water that comes into contact with any raw materials, products, or byproducts including manure, litter, feed, milk, eggs, or bedding.(25)
“Production area” means that part of a CAFO that includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes but is not limited to open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes but is not limited to lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes but is not limited to feed silos, silage bunkers, and bedding materials. The waste containment areas include but are not limited to settling basins, and areas within berms and diversions that separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of animal mortalities.(26)
“Reckless” means conduct by a person who is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exist. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of care a reasonable person would observe in that situation.(27)
“Repeat violation” as used in OAR 603-074-0080 (Civil Penalty Determination Procedure)(3), means the recurrence of the same type of violation for which a notice of noncompliance or assessment of civil penalty was issued within the preceding ten years. It does not include a violation if the previous notice is the subject of a pending appeal or if the notice has been withdrawn or successfully appealed.(28)
“Respondent” means a person to whom a formal enforcement action is directed.(29)
“Rule” has the meaning given in ORS 183.310 (Definitions for chapter)(8).(30)
“Seasonal Feedlot” means a CAFO which confines animals for six months or less duration and that may or may not have waste water control facilities.(31)
“Violation” means the failure to comply with any requirement of ORS Chapter 468 (Environmental Quality Generally) or 468B, or any rule, order or permit adopted thereunder and relating to the control and prevention of pollution of the waters of the state from a confined animal feeding operation. Each day a violation continues after the time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.(32)
“Wastewater disposal system,” “wastewater treatment works,” or “waste water control facility” means a “disposal system” or “treatment works” as defined in ORS 468B.005 (Definitions for water pollution control laws) that may cause pollution of surface water or groundwater and is used for collecting, conveying, treating, stabilizing or storing manure, litter, process wastewater, or contaminated production area drainage (e.g., silage leachate, contaminated storm water runoff, etc.) at confined animal feeding operations.(33)
“Wastes” has the meaning given in ORS 468B.005 (Definitions for water pollution control laws)(7).(34)
“Water” or “the waters of the state” has the meaning given in ORS 468B.005 (Definitions for water pollution control laws)(8).(35)
“WPCF Permit” means a Water Pollution Control Facilities Permit to construct and operate a disposal system with no discharge to navigable waters.
Source:
Rule 603-074-0010 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-074-0010.