Ohio Revised Code Search
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Section 902.04 | Purpose of loans, debts, bonds.
... send written notice to the director of agriculture and the director of development either by certified mail or, if the issuing authority has record of an internet identifier of record associated with the director, by ordinary mail and by that internet identifier of record advising of the proposed delivery of the bonds, the amount thereof, the proposed lessee of the project or person to whom the proceeds of the bonds... |
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Section 902.05 | Provisions of bond proceedings.
...The bond proceedings may contain provisions which shall be part of the contract with the bondholders as to: (A) Determinations by the issuing authority that the project to be financed thereunder is a project, as defined in this chapter, and is consistent with the purposes of Section 13 of Article VIII, Ohio Constitution, and such determinations shall be conclusive as to the validity and enforceability of the bonds i... |
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Section 902.06 | Determinations of agricultural financing commission.
...f time any borrower has been engaged in agriculture; (2) The net income or net worth of any borrower; and (3) The availability or feasability of alternative financing methods for any borrower. (C) The type and amount of collateral, security or credit enhancement to be provided to assure repayment of loans or of bonds; (D) The amounts and types of insurance coverage required on projects and loans; (E) Any other m... |
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Section 902.07 | Trust agreement or indenture of mortgage provisions.
...(A) In the discretion of the issuing authority, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state. (B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinanc... |
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Section 902.08 | Loans to or through lending institution.
...(A) An issuer may make and contract to make loans to or through lending institutions to finance a project on such terms and conditions as the issuer shall determine, and all lending institutions are hereby authorized to borrow from any issuer in accordance with this section. (B) An issuer may purchase and contract to purchase from lending institutions loans or other evidence of debt to finance a project on such term... |
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Section 902.09 | Protection and enforcement of rights of bondholder and trustees.
...(A) Any holder of bonds issued pursuant to this chapter or a trustee under a trust agreement or indenture of mortgage entered into pursuant to section 902.07 of the Revised Code, except to the extent that their rights are restricted by the bond proceedings or by the terms of the bonds, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond pro... |
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Section 902.10 | Bonds are lawful investments.
...All bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this... |
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Section 902.11 | Property subject to taxes and zoning, planning and building regulations.
...(A) Any real or personal property, or both, of an issuer that is acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, and leased or subleased under authority of this chapter shall be subject to ad valorem, sales, use, and franchise taxes and to zoning, planning, and building regulations and fees, to the same extent and in the same manner as if the lessee-user o... |
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Section 902.12 | Special assessments.
...When a special assessment is made on real property owned by an issuer and leased under authority of this chapter, the installments of the assessment shall be paid by the lessee of such real property so long as such property is leased and any installment thereof remaining unpaid at the termination of any such lease shall thereafter be paid by the issuer so long as such property is owned by it. |
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Section 903.01 | Concentrated animal feeding facility definitions.
...ther animal included by the director of agriculture by rule. "Agricultural animal" does not include fish or other aquatic animals regardless of whether they are raised at fish hatcheries, fish farms, or other facilities that raise aquatic animals. (B) "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 stab... |
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Section 903.02 | Program for issuance of permits to install [see Section 3 of H.B. 363 of the 128th General Assembly].
... after March 15, 2001, the director of agriculture shall prepare a program for the issuance of permits to install under this section. (2) On and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall modify an existing or construct a new concentrated animal feeding facility without first obtaining a permit to install issued by the direct... |
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Section 903.03 | Program for issuance of permits to operate [see Section 3 of H.B. 363 of the 128th General Assembly].
...s after March 15, 2001, the director of agriculture shall prepare a program for the issuance of permits to operate under this section. (2) Except for a concentrated animal feeding facility that is operating under an installation permit, on and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall own or operate a concentrated animal feeding fac... |
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Section 903.05 | Application for a permit to install or permit to operate [see Section 3 of H.B. 363 of the 128th General Assembly].
...nimal feeding facility, the director of agriculture may, except as provided in division (E) of this section, deny the application if the director finds from the application, the information submitted under divisions (A)(1) to (3) of this section, pertinent information submitted to the director, and other pertinent information obtained by the director at the director's discretion that the applicant and any such person... |
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Section 903.06 | Insect and rodent control plan [see Section 3 of H.B. 363 of the 128th General Assembly].
...l prepare and submit to the director of agriculture in accordance with rules an insect and rodent control plan designed to minimize the presence and negative effects of insects and rodents at the concentrated animal feeding facility and in surrounding areas, including land on which manure is stored or applied. The plan shall conform to best management practices established in rules. The director shall approve o... |
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Section 903.07 | Livestock manager certification [see Section 3 of H.B. 363 of the 128th General Assembly].
...established in rules by the director of agriculture, both of the following apply: (1) The management and handling of manure at a major concentrated animal feeding facility, including the land application of manure or the removal of manure from a manure storage or treatment facility, shall be conducted only by or under the supervision of a person holding a livestock manager certification issued under this section. A... |
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Section 903.08 | Participating in national pollutant discharge elimination system.
...(A)(1) The director of agriculture is authorized to participate in the national pollutant discharge elimination system in accordance with the Federal Water Pollution Control Act. Not later than one hundred eighty days after March 15, 2001, the director shall prepare a state program in accordance with 40 C.F.R. 123.21 for point sources that are subject to this section and shall submit the program to the United S... |
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Section 903.081 | Permits not to be granted.
...(A) For purposes of section 903.08 of the Revised Code, no person shall approve all or portions of a NPDES permit if the person receives or has received during the two years prior to the receipt of an application for a NPDES permit a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. In addition, no person may serve on a board or commission that approves all or portions ... |
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Section 903.082 | Determination of size of concentrated animal feeding facility by director.
...(A) The director of agriculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply: (1) The director has specified a corrective action to be taken under section 939.07 of the Revised Code. (2) The director or the director's authorized representative has inspected ... |
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Section 903.09 | Issuance of draft permits.
...erate, or NPDES permit, the director of agriculture shall issue a draft permit. The director or the director's representative shall mail notice of the issuance of a draft permit to the applicant and shall publish the notice once in a newspaper of general circulation in the county in which the concentrated animal feeding facility or discharger is located or proposed to be located. The director shall mail notice of the... |
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Section 903.11 | Contracts or agreements to carry out purposes of chapter.
...(A) The director of agriculture may enter into contracts or agreements to carry out the purposes of this chapter with any public or private person, including OSU extension, the natural resources conservation service in the United States department of agriculture, the environmental protection agency, and soil and water conservation districts established under Chapter 940. of the Revised Code. However, the director sha... |
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Section 903.12 | Right of entry for investigations and inspections.
...(A) The director of agriculture or the director's authorized representative at reasonable times may enter on any public or private property, real or personal, to make investigations and inspections, including the sampling of discharges and the inspection of discharge monitoring equipment, or to otherwise execute duties that are necessary for the administration and enforcement of this chapter. The director or the dire... |
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Section 903.13 | Affirmative defenses in private civil action for nuisance.
...In a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, it is an affirmative defense if the person owning, operating, or otherwise responsible for the concentrated animal feeding facility is in compliance with best management practices established in the installation permit or permit to operate issued for the concentrated animal feeding... |
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Section 903.14 | Submission to nonbinding arbitration prior to filing private civil action for nuisance.
...Prior to filing a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, the parties to the dispute shall submit the dispute to an arbitrator for nonbinding arbitration. The parties shall pay the arbitrator a reasonable compensation based on the extent and duration of actual service rendered. The cost of the arbitrator's services shall be d... |
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Section 903.15 | Submitting complaint to director.
... submit a complaint to the director of agriculture regarding a concentrated animal feeding facility or the discharge of a pollutant from an animal feeding operation. The complaint may be made orally or in writing. If the complaint is made in writing, it shall be signed by the person making it and dated. (B) After receiving a written, signed, and dated complaint, the director shall, or after receiving an oral... |
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Section 903.16 | Requiring corrective actions and assessing civil penalties [see Section 3 of H.B. 363 of the 128th General Assembly].
...(A) The director of agriculture may propose to require corrective actions and assess a civil penalty against an owner or operator of a concentrated animal feeding facility if the director or the director's authorized representative determines that the owner or operator is not in compliance with section 903.02 or 903.03 or division (A) of section 903.07 of the Revised Code, the terms and conditions of a permit to inst... |