Ohio § 939.02

§ 939.02.

The director of agriculture shall do all of the following: (A) Provide administrative leadership to soil and water conservation districts in planning,

budgeting, staffing, and administering district programs and the training of district

supervisors and personnel in their duties, responsibilities, and authorities as prescribed

in this chapter and Chapter 940. of the Revised Code; (B) Administer this chapter and Chapter 940. of the Revised Code pertaining to state

responsibilities and provide staff assistance to the Ohio soil and water conservation

commission in exercising its statutory responsibilities; (C) Assist in expediting state responsibilities for watershed development and other soil

and water conservation works of improvement, including assisting in watershed planning

and management under section 940.41 of the Revised Code ; (D) Coordinate or support the development and implementation of cooperative programs

and working agreements between soil and water conservation districts and the department

of agriculture, department of natural resources, environmental protection agency,

or other agencies of local, state, and federal government.  The cooperative programs and working agreements shall be for the support of farm,

rural, suburban, and urban conservation programs. (E) Subject to the approval of the Ohio soil and water conservation commission, adopt

rules in accordance with Chapter 119. of the Revised Code that do or comply with all

of the following: (1) Establish technically feasible and economically reasonable standards to achieve a

level of management and conservation practices in farming operations that will abate

wind or water erosion of the soil or abate the degradation of the waters of the state

by residual farm products, manure, or soil sediment, including attached substances,

and establish criteria for determination of the acceptability of such management and

conservation practices; (2) Establish procedures for administration of rules for agricultural pollution abatement

and for enforcement of those rules; (3) Specify the pollution abatement practices eligible for state cost sharing and determine

the conditions for eligibility, the construction standards and specifications, the

useful life, the maintenance requirements, and the limits of cost sharing for those

practices.  Eligible practices shall be limited to practices that address agricultural operations

and that require expenditures that are likely to exceed the economic returns to the

owner or operator and that abate soil erosion or degradation of the waters of the

state by residual farm products, manure, or soil sediment, including attached pollutants. (4) Establish procedures for administering grants to owners or operators of agricultural

land or animal feeding operations for the implementation of operation and management

plans; (5) Do both of the following with regard to composting conducted in conjunction with

agricultural operations: (a) Establish methods, techniques, or practices for composting dead animals, or particular

types of dead animals, that are to be used at such operations, as the director considers

to be necessary or appropriate; (b) Establish requirements and procedures governing the review and approval or disapproval

of composting plans by the supervisors of soil and water conservation districts under division (S) of section 940.06 of the Revised Code . (6) Establish best management practices for inclusion in operation and management plans; (7) Establish the amount of civil penalties assessed by the director under division (A) of section 939.07 of the Revised Code for violation of rules adopted under division (E) of this section; (8) Not conflict with air or water quality standards adopted pursuant to section 3704.03 or 6111.041 of the Revised Code .  Compliance with rules adopted under this section does not affect liability for noncompliance

with air or water quality standards adopted pursuant to section 3704.03 or 6111.041 of the Revised Code .  The application of a level of management and conservation practices recommended

under this section to control windblown soil from farming operations creates a presumption

of compliance with section 3704.03 of the Revised Code as that section applies to windblown soil. (F) Cost share with landowners on practices established pursuant to division (E)(3) of

this section as moneys are appropriated and available for that purpose.  Any practice for which cost share is provided shall be maintained for its useful

life.  Failure to maintain a cost share practice for its useful life shall subject the

landowner to full repayment to the department. (G) Employ field assistants and other employees that are necessary for the performance

of the work prescribed by Chapter 940. of the Revised Code, for performance of work

of the department under this chapter, and as agreed to under working agreements or

contractual arrangements with soil and water conservation districts, prescribe their

duties, and fix their compensation in accordance with schedules that are provided

by law for the compensation of state employees.  All such employees of the department, unless specifically exempted by law, shall

be employed subject to the classified civil service laws in force at the time of employment. (H) In connection with new or relocated projects involving highways, underground cables,

pipelines, railroads, and other improvements affecting soil and water resources, including

surface and subsurface drainage: (1) Provide engineering services that are mutually agreeable to the Ohio soil and water

conservation commission and the director to aid in the design and installation of

soil and water conservation practices as a necessary component of such projects; (2) Maintain close liaison between the owners of lands on which the projects are executed,

soil and water conservation districts, and authorities responsible for such projects; (3) Review plans for such projects to ensure their compliance with standards developed

under division (E) of this section in cooperation with the department of transportation

or with any other interested agency that is engaged in soil or water conservation

projects in the state in order to minimize adverse impacts on soil and water resources

adjacent to or otherwise affected by these projects; (4) Recommend measures to retard erosion and protect soil and water resources through

the installation of water impoundment or other soil and water conservation practices; (5) Cooperate with other agencies and subdivisions of the state to protect the agricultural

status of rural lands adjacent to such projects and control adverse impacts on soil

and water resources. (I) Collect, analyze, inventory, and interpret all available information pertaining to

the origin, distribution, extent, use, and conservation of the soil resources of the

state; (J) Prepare and maintain up-to-date reports, maps, and other materials pertaining to

the soil resources of the state and their use and make that information available

to governmental agencies, public officials, conservation entities, and the public; (K) Provide soil and water conservation districts with technical assistance including

on-site soil investigations and soil interpretation reports on the suitability or

limitations of soil to support a particular use or to plan soil conservation measures.  The assistance shall be on terms that are mutually agreeable to the districts and

the department of agriculture. (L) Assist local government officials in utilizing land use planning and zoning, current

agricultural use value assessment, development reviews, and land management activities; (M) When necessary for the purposes of this chapter or Chapter 940. of the Revised Code,

develop or approve operation and management plans.  The director may designate an employee of the department to develop or approve operation

and management plans in lieu of the director. This section does not restrict the manure of domestic or farm animals defecated on

land outside an animal feeding operation or runoff from that land into the waters

of the state.