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Coos Soil and Water Conservation District |
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Frequently asked questions about the SB 1010 Coos and Coquille Agricultural Water Quality Management Area (AgWQM) Plan
"Who does the SB 1010 Coos and Coquille AgWQM Plan apply to?" The Coos and Coquille Agricultural Water Quality Management Plan (and rules) applies to all lands in agricultural use, and forested lands with agricultural activities. Exceptions include Federal and Tribal lands, and household gardens primarily used for vegetables and flowers. "What are the geographical boundaries of the Coos and Coquille Plan?" The Coos and Coquille AgWQM Plan covers the land within the Coos and Coquille river drainages, the Tenmile drainage, the Twomile drainage, and the Fourmile drainage, including the headwaters of South Fork Fourmile Creek, and those lands within Coos County that lie north of the county line west of its junction with Bethel Mountain Road. "Why is agriculture being singled out and required to implement water quality plans?" SB1010 was developed by the legislature to provide a means to show that the agriculture industry is able to address several Federal and state mandates that relate to water quality. These mandates include the Federal Clean Water act, the Coastal Nonpoint Source Control Program, and the Drinking Water Protection Act. Agriculture (through SB 1010 plan), Forestry (through the Forest Practices Act), and cities (through storm water management plans) are all required to improve and protect water quality. "Do SB 1010 plans apply to non-point or point source pollution?" SB 1010 requires the Oregon Department of Agriculture to address agricultural water pollution whether it comes from a single, obvious entry point (point source), or a not so obvious entry point such as stream bank erosion along a particular creed (non-point). AgWQM Plans are designed to identify and address water pollution from many different agricultural sources, therefore, they apply to both point and non-point source pollution. "Are landowners required to pay a $200 fee under SB 1010?" NO. SB 1010 authorizes a $200 per landowner fee, however, given that the department has received general funds from the legislature to implement the water quality program, the department has never instituted this fee mechanism. The 2001 legislature made it very clear, through SB 51, that the fee mechanism cannot be put into place without specific legislative approval. "Does this plan require fencing out livestock from all my streams and riparian areas?" NO. Riparian fencing is NOT required by the Coos and Coquille AgWQM Plan and rules. It has been identified as merely one of the many approaches for management of riparian areas to control water pollution. "Why are rules needed to implement Agricultural Water Quality Plans?" Essentially, SB1010 provides a broad outline for an agricultural water quality program and provides authority for ODA to develop this plan. The plan and rules compliment each other. The plan provides an overall proactive strategy that the department will follow to identify for landowners potential problems and suggest nonregulatory solutions to the problems. The rules provide an enforceable backstop when blatant, flagrant problems are not being resolved. The combination of the plan and rules is designed to provide a program that can reduce water pollution from agricultural sources and can address water quality requirements. "Does DEQ or the federal government then become the enforcer?" The enforcement authority rests with the Oregon Department of Agriculture. Under Senate Bills 1010 and 502, the legislature made a decision that, when it comes to agriculture and water quality, they preferred that authority belong to ODA "Does SB 1010 expand ODA's authority to enter private lands for determining violations?" NO. The provisions in SB1010 for entry upon land must reflect existing state and federal law. It is ODA policy to ensure that if a complaint is made, a fair investigation is conducted. In all investigations, the landowner will be contacted. If there is reasonable cause to believe that a violation exists, and access is denied, then ODA will pursue a warrant to enter property. "If regulation is on a complaint basis, what about frivolous complaints?" Provisions are included in the plan that do not allow for frivolous complaints. For the Oregon Department of Agriculture to investigate a complaint it must be a formal complaint. Formal complaints must be signed, dated, and accuse a specific violation at a specific location. Informal and anonymous complaints may be sent, but the Department is not required to investigate them. "Will dairy farmers have more restrictions under this rule making process than they already have under Confined Animal Feeding Operations (CAFO)?" Dairies will not be under any new programmatic responsibilities associated with their CAFO permit. Dairies should take note of other practices, outside of CAFO permit regulations that might be detrimental to water quality such as soil erosion. "How do landowners or land managers get help or more information?" The Coos Soil and Water Conservation District is the Local Management Agency for the Coos and Coquille AgWQM Plan. The District is not regulatory. District staff will provide technical assistance and advise on ways to comply with the Coos and Coquille AgWQM plan and rules. District staff also coordinate public outreach and education related to the plan. The Oregon Department of Agriculture Natural Resources Division can be reached at (503) 986-4700. |
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