Ohio Code 939.01 – Definitions
As used in this chapter:
Terms Used In Ohio Code 939.01
- Agricultural pollution: means failure to use management or conservation practices in farming operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by residual farm products, manure, or soil sediment, including attached substances. See Ohio Code 939.01
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Animal feeding operation: means the production area, as defined in section 903. See Ohio Code 939.01
- Best management practices: includes structural and nonstructural practices, conservation practices, and operation and maintenance procedures. See Ohio Code 939.01
- Composting: means the controlled decomposition of organic solid material consisting of dead animals that stabilizes the organic fraction of the material. See Ohio Code 939.01
- Conservation: means the wise use and management of natural resources. See Ohio Code 939.01
- 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.
- Manure: means animal excreta. See Ohio Code 939.01
- Ohio soil and water conservation commission: means the Ohio soil and water conservation commission established in section 940. See Ohio Code 939.01
- Operation and management plan: means a written record, developed or approved by the director of agriculture, the director's designee, or the board of supervisors of a soil and water conservation district, for the owner or operator of agricultural land or an animal feeding operation that contains both of the following:
(1) Implementation schedules and operational procedures for a level of management and pollution abatement practices that will abate the degradation of the waters of the state by residual farm products, manure, and soil sediment, including attached pollutants;
(2) Best management practices that are to be used by the owner or operator. See Ohio Code 939.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Residual farm products: means bedding, wash waters, waste feed, and silage drainage. See Ohio Code 939.01
- state: means the state of Ohio. See Ohio Code 1.59
- Waters of the state: means all streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, that are situated wholly or partly within, or border on, this state or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters. See Ohio Code 939.01
(A) “Agricultural pollution” means failure to use management or conservation practices in farming operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by residual farm products, manure, or soil sediment, including attached substances.
(B) “Animal feeding operation” means the production area, as defined in section 903.01 of the Revised Code, of an agricultural operation where agricultural animals are kept and raised in confined areas. “Animal feeding operation” does not include a facility that possesses a permit issued under Chapter 903. or division (J) of section 6111.03 of the Revised Code.
(C) “Best management practices” means practices or a combination of practices that are determined to be the most effective and practicable means of preventing or reducing agricultural pollution sources to a level compatible with the attainment of applicable water quality standards. “Best management practices” includes structural and nonstructural practices, conservation practices, and operation and maintenance procedures.
(D) “Composting” means the controlled decomposition of organic solid material consisting of dead animals that stabilizes the organic fraction of the material.
(E) “Conservation” means the wise use and management of natural resources.
(F) “Manure” means animal excreta.
(G) “Ohio soil and water conservation commission” means the Ohio soil and water conservation commission established in section 940.02 of the Revised Code.
(H) “Operation and management plan” means a written record, developed or approved by the director of agriculture, the director’s designee, or the board of supervisors of a soil and water conservation district, for the owner or operator of agricultural land or an animal feeding operation that contains both of the following:
(1) Implementation schedules and operational procedures for a level of management and pollution abatement practices that will abate the degradation of the waters of the state by residual farm products, manure, and soil sediment, including attached pollutants;
(2) Best management practices that are to be used by the owner or operator.
(I) “Pollution abatement practice” means any erosion control, residual farm products, or manure pollution abatement facility, structure, or procedure and the operation and management associated with it as contained in an operation and management plan.
(J) “Residual farm products” means bedding, wash waters, waste feed, and silage drainage. “Residual farm products” also includes the compost products resulting from the composting of dead animals in operations subject to section 939.04 of the Revised Code when either of the following applies:
(1) The composting is conducted by the person who raises the animals and the compost product is used in agricultural operations owned or operated by that person regardless of whether the person owns the animals.
(2) The composting is conducted by the person who owns the animals, but does not raise them and the compost product is used in agricultural operations either by a person who raises the animals or by a person who raises grain that is used to feed them and that is supplied by the owner of the animals.
(K) “Soil and water conservation district” has the same meaning as in section 940.01 of the Revised Code.
(L) “Waters of the state” means all streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, that are situated wholly or partly within, or border on, this state or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.