Ohio Code 905.326 – Application of fertilizer in western basin
(A)(1) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer under either of the following circumstances:
Terms Used In Ohio Code 905.326
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means real and personal property. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(a) On snow-covered or frozen soil;
(b) When the top two inches of soil are saturated from precipitation.
(2) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer in a granular form when the local weather forecast for the application area contains greater than a fifty per cent chance of precipitation exceeding one inch in a twelve-hour period.
(B) Division (A) of this section does not apply if a person in the western basin applies fertilizer under any of the following circumstances:
(1) The fertilizer is injected into the ground.
(2) The fertilizer is incorporated within twenty-four hours of surface application.
(3) The fertilizer is applied onto a growing crop.
(C)(1) Upon receiving a complaint by any person or upon receiving information that would indicate a violation of this section, the director or the director’s designee may investigate or make inquiries into any alleged failure to comply with this section.
(2) After receiving a complaint by any person or upon receiving information that would indicate a violation of this section, the director or the director’s designee may enter at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged failure to comply with this section.
(3) If an individual denies access to the director or the director’s designee, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes of this section.
(4) The court shall issue the search warrant for the purposes requested if there is probable cause to believe that the person is not in compliance with this section. The finding of probable cause may be based on hearsay, provided that there is a reasonable basis for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established in Chapter 903 of the Revised Code or otherwise apply to those entities or facilities that are permitted as concentrated animal feeding facilities under that chapter.
(E) As used in this section, “western basin” means land in the state that is located in the following watersheds identified by the specified United States geological survey hydrologic unit code:
(1) St. Marys watershed, hydrologic unit code 04100004;
(2) Auglaize watershed, hydrologic unit code 04100007;
(3) Blanchard watershed, hydrologic unit code 04100008;
(4) Sandusky watershed, hydrologic unit code 04100011;
(5) Cedar-Portage watershed, hydrologic unit code 04100010;
(6) Lower Maumee watershed, hydrologic unit code 04100009;
(7) Upper Maumee watershed, hydrologic unit code 04100005;
(8) Tiffin watershed, hydrologic unit code 04100006;
(9) St. Joseph watershed, hydrologic unit code 04100003;
(10) Ottawa watershed, hydrologic unit code 04100001;
(11) River Raisin watershed, hydrologic unit code 04100002.
(F) Notwithstanding section 905.31 of the Revised Code, as used in this section, “fertilizer” means nitrogen or phosphorous.