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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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