Ohio Administrative Code
Title 901:13 - Water Pollution and Soil Erosion
Chapter 901:13-1 - Abatement
Section 901:13-1-14 - Agricultural pollution abatement cost sharing
Universal Citation: OH Admin Code 901:13-1-14
Current through all regulations passed and filed through September 16, 2024
The department may assist landowners in installing needed best management practices which abate soil erosion or degradation of the waters of the state by residual farm products, manure, or soil sediment, including pollutants attached thereto.
(A) The department may offer to share the cost of establishing eligible best management practices up to fifty thousand dollars per person per year. If other public funds are involved in cost sharing to establish an eligible best management practice or practices, state funds can be used only to the extent that the combined public funds amount to no more than seventy-five per cent of the cost of establishing the best management practice or practices, or not more than fifty thousand dollars per person per year, whichever is smaller. The maximum of fifty thousand dollars of public funds per person per year limit may be waived by majority vote of the Ohio soil and water conservation commission.
(1) Eligible
practices include but are not limited to:
(a)
Animal manure storage and treatment systems;
(b) Critical area
seeding and fencing;
(c) Off stream watering
and stream crossing stabilization;
(d) Roofing and
gutters;
(e) Water
diversions;
(f) Grass
waterways;
(g) Water and sediment
control basins;
(h) Erosion control
structures;
(i) Wetland treatment
facilities;
(j) Composting
facilities;
(k) Access
roads;
(l) Heavy use
protection pad;
(m) Drainage water
management structures; and
(n) Other practices as
approved by the Ohio soil and water conservation commission.
(2) Restrictions on use of cost
share funds include:
(a)
Cost sharing shall be available for previously
installed eligible practices which have lost their effectiveness through
natural causes. However, cost sharing will not be available for previously
installed eligible practices which have lost their effectiveness due to
operator negligence or mismanagement.
(b) Surface mined lands and oil and gas well
drilling areas must have been reclaimed and currently
used
in agricultural production
as determined by the director or the
director's designee in order to be eligible for cost sharing on needed
conservation practices.
(c) The
director or the director's designee may only use cost share funds for those
practices necessary to control agricultural pollution. Eligibility consists of
those pollution control practices needed to directly control animal manure
discharges and/or soil erosion exceeding permissible
soil loss in order to meet
standards outlined in this chapter.
(d)
Eligible best management practices for cost sharing
must require expenditures that are likely to exceed the economic returns to the
owner or operator.
(e)
All practices must meet the standards and
specifications listed in the "Field Office Technical Guide," or other methods
approved by the director or the director's designee.
(3) The director, subject to approval of the
Ohio soil and water conservation commission, shall determine best management
practices eligible for cost sharing, percentage rates of cost sharing for each
best management practice and the maximum amount of cost sharing for each best
management practice up to a maximum of fifty thousand
dollars.
(4)
If approved by
the director or the director's designee, a person may use a more elaborate or
expensive practice; however, cost-share grants shall be based upon the
estimated cost of the least expensive acceptable practice.
(B) Operating procedures.
(1) Practice
installation.
(a) Design, construction and
operation and management plans shall be submitted to the director or the
director's designee for approval prior to implementation.
(b) The director or the director's designee
shall inspect practice installation.
(2) Cost-share payment. Once a project has an
approved cost-share application and installation is approved by the director or
the director's designee, cost-share payment shall be granted.
(3) Maintenance and management of cost-shared
best management practices.
(a) Best management
practices installed with cost-share monies are to be maintained in good
operating condition to assure continued effective control of agricultural
pollution. Applicants for cost sharing must agree to care for, manage, and
maintain such practices for their useful life as noted in the cost-share
agreement. Failure to care for, manage, and maintain the practices shall
obligate the owner or operator to full repayment to the department.
(b) If the land on which best management
practices have been established with cost-share monies is sold, the new owner
shall be responsible for maintaining the practices in good operating condition
for their remaining useful life. The director or the director's designee shall
inform the new owner of the responsibility to maintain and operate cost-shared
practices.
(c) If the land on which
best management practices were established with cost- share monies is sold for
or converted to other uses than an agricultural production operation, the state
may recover the cost-share monies paid for such practices from the cost-share
recipient on a prorated basis, considering the useful life of the
practice.
(d) The director or the
director's designee shall monitor the management and maintenance of best
management practices established with cost-share monies. Any failure to manage
or maintain such practices, or conversion of such land to other uses than an
agricultural production operation, shall immediately be reported to the
department thereby subjecting a person to recovery of cost-share monies in
accordance with this rule.
(e)
Pursuant to section
131.02 of the Revised Code, the
director may proceed to recover any cost share funds that recovery is deemed
warranted.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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