Or. Admin. R. 603-095-5005
(1) The operational boundary for the agricultural land subject to these area rules is in Appendix A and includes all agricultural land within the LUBGWMA that is not otherwise subject to a National Pollution Discharge Elimination System or Water Pollution Control Facility permit issued by the Oregon Department of Agriculture or the Oregon Department of Environmental Quality.
(2) Unless otherwise required by law, these area rules do not apply to land owned or managed by federal agencies, land that makes up the Reservation of the Confederated Tribes of the Umatilla Indian Reservation, and land or activities subject to the Oregon Forest Practices Act.
(3) A landowner conducting agricultural activities on land in agricultural use within the LUBGWMA shall employ best practicable management practices to implement these area rules according to the site-specific attributes and needs of each agricultural operation.
(4) The provisions of these area rules apply to all agricultural land whether or not in current productive agricultural use.
(5) These area rules do not authorize violation of any federal, state, or local law or regulation.
(6) These area rules do not constitute a National Pollutant Discharge Elimination System Permit or Water Pollution Control Facilities Permit issued pursuant to the Federal Clean Water Act (33 USC §1251 et seq.) or ORS 468B.050. Compliance with these area rules does not exempt a landowner from the Federal Clean Water Act or state water pollution control laws.
(7) The fact that it is necessary to halt or reduce activities contributing to the placement of wastes into waters of the state shall not be a defense for violation of these area rules.
(8) The requirements in these area rules do not authorize the commission of any act causing injury to property of another or protect the landowner from liabilities under other federal, state, county, or local laws.
(9) These area rules do not apply to conditions resulting from unusual weather events or other exceptional circumstances beyond the reasonable control of the landowner. Beyond the reasonable control of the landowner means that technically sound and economically feasible measures are not available or adequate to address conditions described in these area rules.
[ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]
ORS 561.191 & ORS 568.900-933
ORS 568.900-933 & 468B.025(1)