Prevention and Control Measures
(1)Limitations: All landowners or operators conducting activities on agricultural lands are provided the following exemptions from the requirements of OAR 603-095-2940 (Prevention and Control Measures)(2), (3) and (4).
(a)A landowner or operator shall be responsible for water quality resulting from conditions caused by the management of the landowner or operator.
(b)These 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 are used to address conditions described in Prevention and Control Measures.
(c)The Department may allow temporary exceptions when a specific integrated pest management plan is in place to deal with certain weed or pest problems.
(d)The capability of a site is the highest ecological status a site can attain given political, social, or economic constraints.
(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).
(3)Soil Erosion and Sediment Control: By January 1, 2008, landowners must control upland soil erosion using technically sound and economically feasible methods.
(a)On croplands, a landowner may demonstrate compliance with this rule by:
(A)Operating consistent with a Soil and Water Conservation District (SWCD) approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources; or
(B)Operating in accordance with an SWCD-approved plan for Highly Erodible Lands (HEL) developed for the purpose of complying with the current US Department of Agriculture (USDA) farm program legislation; and farming non-HEL cropland in a manner that meets the requirements of an approved USDA HEL compliance plan for similar cropland soils in the county; or
(C)Farming such that the predicted sheet and rill erosion rate does not exceed 5 tons/acre/year, as estimated by the Revised Universal Soil Loss Equation (RUSLE); or
(D)Constructing and maintaining terraces, sediment basins, or other structures sufficient to keep eroding soil out of streams.
(b)On rangelands, a landowner may demonstrate compliance with this rule by:
(A)Operating consistent with a Soil and Water Conservation District (SWCD)-approved conservation plan that meets Resource Management Systems (RMS) quality criteria for soil and water resources; or
(B)Maintaining sufficient live vegetation cover and plant litter, consistent with site capability, to capture precipitation, slow the movement of water, increase infiltration, and reduce excessive movement of soil off the site; or
(C)Minimizing visible signs of erosion, such as pedestal or rill formation and areas of sediment accumulation.
(c)Landowners must control active gully erosion to protect against sediment delivery to streams. ’Active Gully Erosion’ means gullies or channels that at the largest dimension have a cross sectional area of at least one square foot and that occur at the same location for two or more consecutive years of cropping or grazing.
(4)Streamside Management: By January 1, 2008, management must allow the establishment and improvement, over time, of riparian vegetation for streambank stability, filtering sediment and shading, consistent with site capability.
Rule 603-095-2940 — Prevention and Control Measures,