Prevention and Control Measures
(1)All landowners or operators conducting activities on lands in agricultural use shall comply with the following criteria. A landowner shall be responsible for only those conditions caused by activities conducted on land controlled by the landowner. A landowner is not responsible for violations of the Prevention and Control Measures resulting from actions by another landowner. Conditions resulting from unusual weather events (equaling or exceeding a 25-year, 24-hour storm event) or other exceptional circumstances are not the responsibility of the landowner. Limited duration activities may be exempted from these conditions subject to prior written approval by the department.
(2)Effective upon rule adoption, agricultural activities shall allow the establishment and development of riparian vegetation along perennial and intermittent streams for streambank stability, shading, and proper riparian function, consistent with site capability. Legally constructed drainage and irrigation ditches are exempt from OAR 603-095-2640 (Prevention and Control Measures)(2).
(3)Effective upon rule adoption, no person subject to these rules shall violate any provision of ORS 468B.025 (Prohibited activities) or 468B.050 (Water quality permit).
(4)Corralled or enclosed livestock areas will be managed to control runoff of sediment and animal waste. Application and storage of manure will be done in a manner that minimizes the introduction of nutrients and bacteria to waterways.
(5)Effective January 1, 2004, agricultural activities will not cause the following visual indicators of erosion where erosion may cause sediment runoff into waters of the state:
(a)Sheet erosion; noted by scoured surfaces or pedestals of soil at the base of plants on sparsely vegetated or bare ground;
(b)Visible active gullies;
(c)Multiple rills, which have the form of gullies, but are smaller in cross-sectional area than one foot.
(d)This prevention and control measure applies to farm roads and staging areas, pastures, cropland, and other areas where agricultural activities occur.
(6)Construction, maintenance, and use of surface drainage field ditches or surface irrigation field ditches shall cause no pollutant delivery to waters of the state from soil erosion induced by excessive channel slope, unstable channel cross section or placement of disposed spoils.
(7)Agricultural activities shall not cause pollution from active channel erosion or other means of sediment delivery from intermittent streams and drainage ways.
(8)Roadways, staging areas, and heavy-use areas shall be constructed and maintained to prevent sediment or runoff contaminants from adversely affecting waters of the state. Exemptions: Public roads and roads subject to the Oregon Forest Practices Act.
Rule 603-095-2640 — Prevention and Control Measures,