- (1) When the department receives notice of an alleged occurrence of pollution resulting from agricultural activities on agricultural land within the LUBGWMA through a written complaint, its own observation, through notification by another agency, or by other means, the department may conduct an investigation.
(2) Each notice of an alleged occurrence of pollution resulting from agricultural activities on agricultural land within the LUBGWMA shall be evaluated in accordance with the criteria in ORS 468B.025, ORS 568.900 to 568.933 and OAR 603-095-5000 – 5065 to determine whether an investigation is warranted.
(3) Any person allegedly being damaged or otherwise adversely affected by pollution resulting from agricultural activities on agricultural land within the LUBGWMA or alleging any violation of ORS 468B.025, ORS 568.900 to 568.933 or OAR 603-095-5000 – 5065 may file a complaint with the department.
(4) The department will evaluate or investigate a complaint filed by a person under OAR 603-095-0380(3) if the complaint is in writing, signed and dated by the complainant and indicates the location and description of:
(a) The waters of the state allegedly being damaged or impacted; and
(b) The property allegedly being managed under conditions violating ORS 468B.025, ORS 568.900 to 568.933 or OAR 603-095-5000 – 5065.
(5) As used in section (4) of this section, “person” does not include any local, state or federal agency.
(6) If the department determines that a violation of ORS 468B.025, ORS 568.900 through 568.933 or OAR 603-095-5000 – 5065 has occurred, the department may proceed with the enforcement procedures provided in OAR 603-090-0060 through 603-090-0120.
Statutory/Other Authority
ORS 561.191 & ORS 568.900-933
Statutes/Other Implemented
ORS 568.900-933 & 468B.025(1)
History
DOA 94-2026, adopt filed 03/13/2026, effective 03/13/2026