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State
Oregon
OAR Chapter 17 Oregon State Marine Board ADOPT-A-RIVER PROGRAM


The Oregon Administrative Rules contain OARs filed through April 14, 2006

OREGON STATE MARINE BOARD

DIVISION 17

ADOPT-A-RIVER PROGRAM

250-017-0000

Purpose

The purpose of this program is to provide citizens of Oregon an opportunity to control litter and improve the quality of the waters of this state in accordance with Chapter 54, Oregon Laws 1993.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.055
Hist.: MB 1-1994, f. & cert. ef. 2-23-94

250-017-0010

Scope

Any person, as defined by ORS 174.100(4) and these rules, may adopt a section of the rivers and waterways of this state for the purpose of picking up and removing litter and trash.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.055
Hist.: MB 1-1994, f. & cert. ef. 2-23-94

250-017-0020

Definitions

As used in these rules:

(1) A "person" is defined as including individuals, corporations, associations, firms, partnerships, and joint stock companies.

(2) An "applicant" is defined as the individual, group, or person adopting the section of river or waterway.

(3) A "spokesperson" is defined as the individual chosen by an applicant group to represent the group.

(4) A "participant" is defined as an individual or member of an applicant group actually performing work on the river or waterway under this program.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.055
Hist.: MB 1-1994, f. & cert. ef. 2-23-94

250-017-0030

General Requirements

(1) The applicant's spokesperson must apply in writing to the Director of the Marine Board for the river or waterway being adopted.

(2) An "Adopt-a-River" permit will be executed by the applicant's spokesperson and the Marine Board. The permit will list the specific requirements and obligations of both the applicant and/or its participants and the Marine Board.

(3) For designated sections of rivers or waterways that flow through National Forests, BLM resource areas, or other specified state or federal lands, a three party cooperative agreement will be issued.

(4) The section of river or waterway being adopted shall be at least two miles in length for litter pickup work. (If there are unique or unusual situations or features having to do with litter pickup on a specific river or waterway section the Director may modify this minimum.)

(5) The term of the permit will be for a period of at least two years.

(6) If more than one applicant requests the same section of waterway, the Director may make the selection by earliest date of application or by a drawing.

(7) Assignment of a specific section of waterway shall be at the discretion of the Director.

(8) The Director may consider factors such as land ownership, sensitive resource values, congestion, and size of waterway in determining which rivers or waterway sections will be eligible for this program.

(9) Subcontracting or assigning the adopted section by the applicant is prohibited and will result in cancellation of the permit.

(10) The Director may cancel a permit 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 permit. This cancellation will be issued in writing.

(11) The applicant may cancel the permit with 30 days written notice to the Marine Board.

(12) An applicant has the option of renewing the permit for subsequent terms, subject to the approval of the Director.

(13) The Director shall not issue a permit 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 waterway section to be adopted;

(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 a permit.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.055
Hist.: MB 1-1994, f. & cert. ef. 2-23-94

Specific Requirements
250-017-0040

Applicant Organization and Participant Responsibilities

(1) Each participant will be required to execute a liability release form reflecting the participant's 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 waterways, and such other terms and conditions as may be required by the Director for special conditions on a particular adopted waterway section. Individual participants may be excluded from participation or the permit 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 group participant will be responsible

for placing litter in trashbags furnished by the Board. 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.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.055
Hist.: MB 1-1994, f. & cert. ef. 2-23-94