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Ohio Laws and Rules
Cost share monies from the state may be available to assist landowners in installing needed best management practices which abate animal waste pollution, soil erosion or degradation of the waters of the state by soil sediment including pollutants attached thereto. Best management practices specified as eligible for cost sharing must require expenditures that are likely to exceed the economic returns to the owner or operator.
(A) The state, through the division, may offer to share the cost of establishing eligible best management practices up to fifteen 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 fifteen thousand dollars per person per year, whichever is smaller. The maximum of fifteen 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 waste storage structures;
(b) Settling basins and filter strips;
(c) Critical area seeding and fencing;
(d) Off stream watering and stream crossing stabilization;
(e) Roofing and gutters;
(f) Water diversions;
(g) Grass waterways;
(h) Water and sediment control basins;
(i) Erosion control structures;
(j) Wetland treatment facilities;
(k) Composting facilities; and
(l) Other practices as approved by the Ohio soil and water conservation commission.
(2) Restrictions on use of cost share funds include:
(a) Eligible practices which, through natural causes, have lost their effectiveness, shall qualify for further financial assistance. However, cost share monies will not be awarded to reestablish previously installed practices which have deteriorated due to operator negligence or mismanagement.
(b) Surface mined lands and oil and gas well drilling areas must have been reclaimed and be in active agricultural production or silvicultural uses as determined by the district in order to be eligible for cost sharing on needed conservation practices.
(c) Cost share funds may only be used for those practices necessary to control agricultural pollution as determined by the district with the approval of the chief. Eligibility consists of those pollution control practices needed to directly control animal waste discharges and/or soil erosion exceeding “T” in order to meet standards in rules 1501:15-5-02 to 1501:15-5-12 and 1501:15-5-18 of the Administrative Code.
(d) Cost share funds will be available only to owners and operators with a current operation and management plan.
(3) The chief, 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 fifteen thousand dollars. Information about eligible practices will be maintained by the division and included in updates of its administrative procedures handbook available in district offices.
(B) All practices must meet the standards and specifications listed in the “Field Office Technical Guide”, which is available to all Ohio County Soil and Water Conservation Districts, where applicable. If the “Field Office Technical Guide” does not apply, practices must meet standards and specifications approved by the chief.
(C) A person may use a more elaborate or expensive practice if the district certifies that the practice will meet agricultural pollution abatement standards; however, cost-share grants shall be based upon the estimated cost of the least expensive acceptable practice.
(D) Operating procedures.
(1) Practice installation.
(a) Design, construction and operation and management plans for a best management practice shall be prepared by the technical representative of the district or design, construction and operation and management plans prepared by other agencies, private individuals, or firms shall be approved by the technical representative of the district prior to implementation.
(b) The degree of supervision of implementation of best management practice needed for certification of the completed practice shall be determined and provided at the district level.
(2) Cost-share payment. Upon notification of the completion of a cost-share practice by the owner or operator, the technical representative of the district shall inspect the practice and, if it is found adequate, shall certify the practice to the district board as meeting the standards and specifications in the “Field Office Technical Guide,” or approved by the chief for those practices for which the United States natural resources conservation service has no standards and specifications. If such practice is found deficient in one or more areas, the district representative shall inform the owner, operator or person responsible for such deficiencies and allow a reasonable time for correction as predicted by funding deadlines.
(3) Maintenance 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 and maintain such practices for their useful life as determined by the district. Failure to care for and maintain the practices shall obligate the owner or operator to full repayment to the division.
(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 district 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 or silvicultural 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 district shall monitor the maintenance of best management practices established with cost-share monies in cooperation with the division. The district shall immediately report to the division any failure to maintain such practices, or conversion of such land to other uses than an agricultural production or silvicultural operation, thereby subjecting a person to recovery of cost-share monies in accordance with paragraphs (D)(3)(a), (D)(3)(b) and (D)(3)(c) of this rule.
(e) Upon receipt of a report from a district pursuant to paragraph (D)(3)(d) of this rule, the chief, after any further investigation deemed necessary and determination that such recovery is legitimate, shall proceed to recover the cost-share monies. Any person required to maintain such practices established with cost-share monies pursuant to paragraphs (D)(3)(a), (D)(3)(b) and (D)(3)(c) of this rule shall be afforded a period of thirty days to reply regarding their intentions. Pursuant to Section 131.02 of the Revised Code, or other appropriate means, the chief shall proceed with recovery of the cost-share monies upon failure to reply within thirty days, upon a negative reply, or upon the failure to act in accordance with the stated intentions acceptable to the chief.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 6/1/00