Current through Register Vol. 63, No. 9, September 1, 2024
(1) A "professional soil classifier" means
any professional in good standing with the Soil Science Society of America
(SSSA) who the SSSA has certified to have met its requirements that existed as
of October 1, 2011 for:
(a) Certified
Professional Soil Classifier; or
(b) Certified Professional Soil Scientist,
and who has been determined by an independent panel of soils professionals as
defined in section (8) of this rule to have:
(A) Completed five semester hours in soil
genesis, morphology and classification;
(B) At least five years of field experience
in soils classification and mapping that meets National Cooperative Soil Survey
standards, as maintained by the NRCS, or three years of field experience if the
applicant holds an MS or PhD degree; and
(C) Demonstrated competence in practicing
soils classification and mapping without direct supervision, based on published
SSSA standards.
(2) The department will develop, update
quarterly and post a list of professional soil classifiers (henceforth 'soils
professionals') who are qualified to perform soils assessments under this rule.
(a) Qualified soils professionals shall
include those individuals who have either met the requirements of subsection
(1)(a) of this section or the requirements of subsection (1)(b) of this section
as determined by a majority vote of an independent panel of soils
professionals.
(A) A person must apply to the
department for initial inclusion on the list described in section (2) of this
rule.
(B) Qualified soils
professionals must reapply to the department for listing on a biennial
basis.
(b) A soils
assessment auditing committee as defined in section (9) of this rule will
periodically reevaluate qualifications of soils professionals by auditing soils
assessments, considering sample department reviews and field checks as
described in section (6) of this rule and verifying continued good standing of
soils professionals with the SSSA.
(A) When
reviewing applications for relisting, the department will consider the
recommendations of the auditing committee and make final determinations as to
the continued qualifications of soils professionals to perform soils
assessments under this rule.
(B)
The department will re-approve soils professionals for listing when audits,
sample reviews and field checks reveal a pattern of demonstrated competence in
practicing soils classification and mapping consistent with paragraph (1)(b)(C)
of this rule, and when the SSSA verifies that the soils professional is in good
standing with the SSSA.
(3) A person requesting a soils assessment
shall:
(a) Choose a soils professional from
the posted list described in section (2) of this rule:
(b) Privately contract for a soils assessment
to be prepared; and
(c) On
completion of the soils assessment, submit to the department payment of the
non-refundable administrative fee established by the department as provided in
statute to meet department costs to administer this rule.
(4) On completion of the soils assessment,
the selected soils professional shall submit to the department:
(a) A Soils Assessment Submittal Form that
includes the property owner's and soils professional's authorized signatures
and a liability waiver for the department; and
(b) A soils assessment that is soundly and
scientifically based and that meets reporting requirements as established by
the department.
(5) The
department shall deposit fees collected under this rule in the Soils Assessment
Fund established under Oregon Laws 2010, chapter 44, section 2.
(6) The department shall review the soils
assessment by:
(a) Performing completeness
checks for consistency with reporting requirements for all submitted soils
assessments; and
(b) Performing
sample reviews and field checks for some submitted soils assessments, as
follows:
(A) The department shall arrange for
a person who meets the qualifications of 'professional soil classifier' in
section (1) of this rule to conduct systematic sample reviews and field checks
of soils assessments and make recommendations to the department as to whether
they are soundly and scientifically based.
(B) Within 30 days of the receipt of a soils
assessment subject to review under this subsection that the department
determines to be complete pursuant to subsection (a) of this section, the
department shall determine whether the soils assessment is soundly and
scientifically based. Where soils assessments are determined not to be soundly
and scientifically based, the department will provide an opportunity to the
soils professional to correct any noted deficiencies. Where noted deficiencies
are not corrected to the satisfaction of the department, the department will
provide written notification of the noted deficiencies to the soils
professional, property owner and person who requested the soils
assessment.
(7)
(a) A
soils assessment produced under this rule is not a public record, as defined in
ORS 192.410, unless the person
requesting the assessment utilizes the assessment in a land use proceeding. If
the person decides to utilize a soils assessment produced under this section in
a land use proceeding, the person shall inform the department and consent to
the release by the department of certified copies of all assessments produced
under this section regarding the land to the local government conducting the
land use proceeding. The department may not disclose a soils assessment prior
to its utilization in a land use proceeding as described in this rule without
written consent of the person paying the fee for the assessment and the
property owner.
(b) On receipt of
written consent, the department shall release to the local government all soils
assessments produced under this rule as well as any department notifications
provided under section (6) of this rule regarding land to which the land use
proceeding applies.
(8)
As used in this rule, "Independent panel of soils professionals" means a
committee of three professionals appointed by the department that, quarterly or
as needed, reviews and makes determinations regarding the qualifications of
individuals seeking to be listed as soils professionals to perform soils
analyses.
(a) Such panel shall consist of:
(A) A member of the SSSA;
(B) The Oregon State Soil Scientist;
and
(C) An Oregon college or
university soils professional.
(b) Panel members shall meet the
qualifications of professional soil classifiers as defined in this rule or
shall have experience mapping and teaching soil genesis, morphology and
classification in a college or university setting.
(c) The department's farm and forest lands
specialist shall serve as staff to the panel.
(d) In reviewing qualifications of applicants
with respect to required semester hours of academic study under paragraph
(1)(b)(A) of this rule, panel members may adjust for differences in academic
calendars.
(9) As used
in this rule, "Soils assessment auditing committee" means a group of three
professionals that, annually or as needed, reviews and makes recommendations to
the department regarding the continuing qualifications of soils professionals
to perform soils analyses under this rule.
(a) Committee members shall be appointed by
the independent panel of soils professionals and shall meet the qualifications
of professional soil classifier as defined in section (1) of this
rule.
(b) The department's farm and
forest lands specialist shall serve as staff to the committee.
(10) As used in this rule,
"person" shall have the meaning set forth in ORS
197.015(18).
Stat. Auth.: ORS
197.040
Stats. Implemented: ORS
197.015,
197.040,
197.230,
197.245,
215.203,
215.211,
215.212,
215.243 &
215.700 -
215.710
