Or. Admin. Code § 603-090-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-090-0050 - Request for Alternate Measures - Filing, Content, and Approval

(1) A request for alternate measures shall be made in writing and filed with the director. The request may be filed at anytime.

(2) A request shall include a detailed description of proposed alternate measures and sufficient information to determine whether the request satisfies the requirements of section (3) of this rule.

(3) A request for alternate measures shall be approved if the director, following consultation with other agencies as appropriate, finds that the alternate measures will provide a level of water quality protection equivalent to that which is provided by the specific actions required to comply with the agricultural water quality management area rules.

(4) The director shall determine whether to allow a request for alternate measures within 60 days after the request is received unless the landowner agrees to extend the period or the director makes a determination that a longer period of time is required to obtain sufficient information to evaluate the request. If the request is filed while an enforcement action is pending, this 60 day period shall not begin to run until the enforcement action has been concluded. The enforcement action shall not be considered concluded if an appeal is pending or Civil Penalties remain unpaid.

(5) The director's decision to approve or deny a request for alternate measures shall be in writing and shall be an order in contested case issued in a manner consistent with the provisions of ORS 183.415, 568.900 to 568.933, and OAR chapter 137.

Or. Admin. Code § 603-090-0050

AD 9-1994, f. & cert. ef. 7-26-94; DOA 16-2006, f. & cert. ef. 9-15-06; DOA 21-2022, amend filed 08/17/2022, effective 8/17/2022

Statutory/Other Authority: ORS 561 & ORS 568.900 - 568.933

Statutes/Other Implemented: ORS 568.900 - 568.933