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Adopt-A-River Program


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON STATE MARINE BOARD

 

DIVISION 17
ADOPT-A-RIVER PROGRAM

250-017-0000
Purpose
The purpose of this program
is to provide volunteers an opportunity to remove litter and invasive species to
improve the quality of the waters of this state in accordance with ORS 830.055.
Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert.
ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
250-017-0010
Scope
Any applicant or person, as
defined by ORS 174.100(4), may adopt a section of the rivers and waterbodies of
this state for the purpose of picking up and removing litter and invasive species.
Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert.
ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
250-017-0020
Definitions
As used in these rules:
(1) An "applicant" is an individual
or individuals, group, corporation, company, business, partnership, adopting a section
of river or waterbody.
(2) A "spokesperson" is one
individual with the authority to speak on behalf of the applicant.
(3) A "participant" is an individual
or member performing work on the river or waterbody as a representative of the applicant.
(4) “Invasive Species”
are noxious weeds identified by the Oregon Department of Agriculture in OAR chapter
603, division 052 “Quarantine; Noxious Weeds” or the appropriate county
governing body as described in ORS 569.
(5) “Litter” is
any improperly discarded item including but not limited to wastepaper, garbage,
cigarette butts, tires or appliances.
(6) “Director” is
the Director of the State Marine Board or the appointed representative or organization
administering the Adopt-A-River Program.
Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert.
ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
250-017-0030
General Requirements
(1) The spokesperson must submit
a written application to the Director requesting to adopt a river or waterbody
and identifying the intended scope of work.
(2) An "Adopt-a-River" adoption
will be executed between the spokesperson and the Director. The adoption will list
the specific requirements and obligations of both the applicant and the Director.
(3) The section of river or
waterbody being adopted shall be at least two miles in length for litter pickup
work and can include shorelines of lakes and reservoirs. If unique situations exist
then this requirement may be altered if approved by the Director.
(4) The term of the adoption
will be for a period of at least two years.
(5) If more than one applicant
requests the same section of waterbody, the Director may make the selection by earliest
date of application or by a drawing.
(6) Assignment of a specific
section of waterbody shall be at the discretion of the Director.
(7) The Director may consider
factors such as land ownership, sensitive resource values, congestion, and size
of waterway in determining which rivers or waterbody sections will be eligible for
this program.
(8) Subcontracting or assigning
the adopted section by the applicant is prohibited and will result in cancellation
of the adoption.
(9)
The Director may cancel an adoption for any reason including, but not limited to
safety considerations, failure of the applicant to perform and failure of the applicant
or its participants to comply with provisions of the adoption. This cancellation
will be issued in writing.
(10) The spokesperson may cancel the adoption
with 30 days written notice to the Director.
(11) A spokesperson has the
option of renewing the adoption for subsequent terms, subject to the approval of
the Director.
(12) The Director shall not
issue an adoption under this program to any applicant whose objectives and values
are determined to be inconsistent with the public interest and the Marine Board's
charge and responsibilities under Oregon law. To make this determination, the Director
will rely on:
(a) Oregon Marine Board published
mission;
(b) All of the information provided
in the application and any other information considered to be common knowledge of
the general public in the geographic area of the waterbody section to be adopted
and;
(c) Information which may be
requested of the applicant by the Director. This information may include bylaws,
articles of incorporation, or literature of the applicant. Failure to provide such
information upon request may be grounds for denial of an adoption.
(13) If the intended scope of
work, as identified on the written application, includes the removal of invasive
species, the applicant must also complete a noxious weed removal plan and have it
approved by the Director prior to the beginning of any invasive species removal
work.
(a) A noxious weed removal plan
shall include permission by a landowner for a project to proceed, the species of
plant to be removed, the proposed project location, the method of removal, the timing
and frequency of removal, how plant material will be disposed of and how any equipment
used during the project will be decontaminated to prevent the spread of noxious
weeds.
(b) Plans must be completed
with direction from one of the following technical assistance agencies:
(A) Oregon Department of Agriculture;
(B) County Weed Control District;
(C) County Soil and Water Conservation
District, or
(D) Another qualified technical
assistance agency or business pre-approved by the Director.
Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert.
ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

Specific Requirements

250-017-0040
Applicant and Participant
Responsibilities
(1) Each participant will be
required to execute a liability release form reflecting their awareness and acknowledgement
of the potentially hazardous nature of the work involved.
(2) Each participant will be
required to comply with and abide by all laws, rules, and regulations relating to
safety and use of rivers and waterbodies, and such other terms and conditions as
may be required by the Director for special conditions on a particular adopted waterbody
section. Individual participants may be excluded from participation or the adoption
cancelled, at the discretion of the Director for violation of this section.
(3) Adult supervision is required.
Participation by or presence at the work site of individuals under 18 years of age
without adult supervision is not permitted.
(4) Each applicant is required
to conduct at least one safety meeting per year to inform each participant concerning
personal, group and water safety. Each participant is required to attend a safety
briefing before participating in the actual work.
(5) Each applicant is required
to pick up litter a minimum of once a year. More frequent pick up is permissible.
(6) Each applicant will be responsible
for appointing or selecting a spokesperson. The spokesperson's responsibilities
include assuring compliance by participants with safety procedures, proper participant
clothing and footwear, proper parking of vehicle(s), providing a first-aid kit and
adequate drinking water, and arranging transportation of the participants to and
from the work site.
(7) Each participant will be
responsible for placing litter in trash bags furnished by the Director. The applicant
will be responsible for removal of the filled bags and proper disposal. The applicant
agrees to coordinate their litter pickup activity with the designated managing agency
if another federal, state or local agency is party to the agreement.
(8) If removal of large or heavy
items from a river or waterbody is required then prior approval from the Director
must be granted to the applicant before such items are removed.
(9) If the noxious weed removal
plan is approved and a removal activity is scheduled then an applicant is required
to:
(a) Implement the frequency
schedule agreed upon in the conditions of the approved noxious weed removal plan;
(b) Review the approved noxious
weed removal plan elements with participants;
(c) Follow the procedures identified
within the approved noxious weed removal plan when removing noxious weeds from the
site; and
(d) Confirm proper identification
of noxious weeds as outlined in 250-017-0030(13) prior to removal.
Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert.
ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

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