Prevention and Control Measures
(a)All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-1040 (Prevention and Control Measures) (Prevention and Control Measure).
(A)A landowner or operator shall be responsible for water quality resulting from conditions caused by the management of the landowner or operator.
(B)Rules do not apply to conditions resulting from unusual weather events or other circumstances not within the reasonable control of the landowner or operator. Reasonable control of the landowner means that technically sound and economically feasible measures must be available to address conditions described in Prevention and Control Measures.
(b)Rule implementation schedule:
(A)OAR 603-095-1040 (Prevention and Control Measures)(2) is effective upon adoption;
(B)OAR 603-095-1040 (Prevention and Control Measures)(3) through (6) are effective January 1, 2006;
(C)Effective upon adoption of these rules, all landowners or operators should immediately begin technically sound, economically feasible efforts where needed to achieve measurable progress towards compliance with these rules.
(c)These rules may be modified as a result of the biennial review of the progress of implementation of the North and Middle Forks John Day River Agricultural Water Quality Management Area Plan.
(2)Waste Management: Effective on rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 (Prohibited activities) or 468B.050 (Water quality permit).
(a)Cropland, rangeland and pasture condition must allow, within the capability of the site, vegetation sufficient to protect water quality.
(b)Private roads and farmsteads must be in a condition that protects water quality by controlling soil erosion and suspended sediment concentrations in runoff.
(4)Riparian Area Management: Riparian area condition must allow the establishment, growth and active recruitment of riparian vegetation, consistent with the vegetative capability of the site, for protection of water quality.
(5)Irrigation Management: Irrigation must be done in a manner that limits the amount of pollutants in the runoff from the irrigated area.
(a)Livestock confinement areas must have an adequate runoff control system or equally effective pollution control practice sufficient to control runoff of sediment and animal waste.
(b)OAR 603-095-1040 (Prevention and Control Measures)(6)(a) applies to all livestock confinement areas except those required to have a permit under ORS 468B.050 (Water quality permit).
Rule 603-095-1040 — Prevention and Control Measures,