Terms Used In Ohio Code > Chapter 903 - Concentrated Animal Feeding Facilities

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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 facility: means a lot, building, or structure where both of the following conditions are met:

  (1) Agricultural animals have been, are, or will be stabled or confined and fed or maintained there for a total of forty-five days or more in any twelve-month period. See Ohio Code 903.01

• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Cattle: includes , but is not limited to, heifers, steers, bulls, and cow and calf pairs. See Ohio Code 903.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concentrated animal feeding facility: means an animal feeding facility with a total design capacity equal to or more than the number of animals specified in any of the categories in division (M) of this section. See Ohio Code 903.01
• Concentrated animal feeding operation: means an animal feeding facility that complies with one of the following:

  (1) Has a total design capacity equal to or more than the number of animals specified in any of the categories in division (M) of this section;

  (2) Satisfies the criteria in division (M), (Q), or (EE) of this section;

  (3) Is designated by the director of agriculture as a medium or small concentrated animal feeding operation pursuant to rules. See Ohio Code 903.01

• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Discharge: means to add from a point source to waters of the state. See Ohio Code 903.01
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Federal Water Pollution Control Act: means the "Federal Water Pollution Control Act Amendments of 1972" 86 Stat. See Ohio Code 903.01
• General permit: has the meaning that is established in rules. See Ohio Code 903.01
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Individual permit: has the meaning that is established in rules. See Ohio Code 903.01
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation permit: means a permit for the installation or modification of a disposal system or any part of a disposal system issued by the director of environmental protection under division (J)(1) of section 6111. See Ohio Code 903.01
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Major concentrated animal feeding facility: means a concentrated animal feeding facility with a total design capacity of more than ten times the number of animals specified in any of the categories in division (M) of this section. See Ohio Code 903.01
• Manure: means any of the following wastes used in or resulting from the production of agricultural animals or direct agricultural products such as milk or eggs: animal excreta, discarded products, bedding, process waste water, process generated waste water, waste feed, silage drainage, and compost products resulting from mortality composting or the composting of animal excreta. See Ohio Code 903.01
• Manure storage or treatment facility: means any excavated, diked, or walled structure or combination of structures designed for the biological stabilization, holding, or storage of manure. See Ohio Code 903.01
• Medium concentrated animal feeding operation: includes an animal feeding facility that is designated by the director as a medium concentrated animal feeding operation pursuant to rules. See Ohio Code 903.01
• Mortality composting: means the controlled decomposition of organic solid material consisting of dead animals that stabilizes the organic fraction of the material. See Ohio Code 903.01
• NPDES permit: includes the federally enforceable provisions of a permit to operate into which NPDES permit provisions have been incorporated. See Ohio Code 903.01
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: includes an initial, renewed, or modified permit to install, permit to operate, NPDES permit, and installation permit unless expressly stated otherwise. See Ohio Code 903.01
• Permit to install: means a permit issued under section 903. See Ohio Code 903.01
• Permit to operate: means a permit issued or renewed under section 903. See Ohio Code 903.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Pollutant: means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials except those regulated under the "Atomic Energy Act of 1954" 68 Stat. See Ohio Code 903.01
• Process generated waste water: means water that is directly or indirectly used in the operation of an animal feeding facility for any of the following:

  (1) Spillage or overflow from animal watering systems;

  (2) Washing, cleaning, or flushing pens, barns, manure pits, or other areas of an animal feeding facility;

  (3) Direct contact swimming, washing, or spray cooling of animals;

  (4) Dust control. See Ohio Code 903.01

• Process waste water: means any process generated waste water and any precipitation, including rain or snow, that comes into contact with manure, litter, bedding, or any other raw material or intermediate or final material or product used in or resulting from the production of animals or direct products such as milk or eggs. See Ohio Code 903.01
• Production area: means any of the following components of an animal feeding facility:

  (1) Animal confinement areas, including, but not limited to, open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, animal walkways, and stables;

  (2) Manure storage areas, including, but not limited to, manure storage or treatment facilities;

  (3) Raw material storage areas, including, but not limited to, feed silos, silage bunkers, commodity buildings, and bedding materials;

  (4) Waste containment areas, including, but not limited to, any of the following:

  (a) An egg washing or egg processing facility;

  (b) An area used in the storage, handling, treatment, or disposal of mortalities;

  (c) Settling basins, runoff ponds, liquid impoundments, and areas within berms and diversions that are designed and maintained to separate uncontaminated storm water runoff from contaminated water and to contain and treat contaminated storm water runoff. See Ohio Code 903.01

• Property: means real and personal property. See Ohio Code 1.59
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public meeting: means a nonadversarial public hearing at which a person may present written or oral statements for the director of agriculture's consideration and includes public hearings held under section 6111. See Ohio Code 903.01
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rule: means a rule adopted under section 903. See Ohio Code 903.01
• Small concentrated animal feeding operation: means an animal feeding facility that is not a large or medium concentrated animal feeding operation and that is designated by the director as a small concentrated animal feeding operation pursuant to rules. See Ohio Code 903.01
• state: means the state of Ohio. See Ohio Code 1.59
• United States: includes all the states. See Ohio Code 1.59
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02