Terms Used In Ohio Code > Chapter 939 - Soil and Water Conservation

• 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
• 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.
• Best management practices: includes structural and nonstructural practices, conservation practices, and operation and maintenance procedures. See Ohio Code 939.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• 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.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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
• Residual farm products: means bedding, wash waters, waste feed, and silage drainage. See Ohio Code 939.01
• Rule: includes regulation. 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
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• 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