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Section 936.08 | Assessments.

...(A) For the purpose of a marketing program established under this chapter, the council may levy assessments on retailers at the time of purchase of odorized propane by a retailer from a wholesale distributor. The council shall base the assessments on the volume of odorized propane purchased by the retailer from the wholesale distributor. (B) A marketing program shall require a refund of assessments collected under ...

Section 936.09 | Fund for marketing program.

...f the Revised Code to the department of agriculture. The council shall file the financial statement with the department not more than one hundred fifty days after the end of each fiscal year. (E) The council shall use money in the fund or deposited in a bank to promote the common good, welfare, and advancement of the propane industry, including, but not limited to, all of the following activities and programs: (1...

Section 936.10 | Suspension of all or part of program.

...(A) The director of agriculture temporarily may suspend the operation of a marketing program, or any part of a program, established under this chapter for any reason upon recommendation by the propane council for a period of not more than twelve consecutive months. (B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty-five or ten per cent of the retailers in...

Section 936.11 | Termination of program.

...(A) When retailers favor termination of a marketing program established under this chapter, the propane council shall terminate all operations of the program. (B)(1) Except as provided in division (B)(2) of this section, upon termination of a program, the council shall return any remaining unobligated money to the retailers who paid the assessments levied under section 936.08 of the Revised Code during the immediat...

Section 936.12 | Enforcement.

...The propane council may institute an action at law or in equity that appears necessary to enforce compliance with this chapter, a procedure established under it, or a marketing program established under it.

Section 936.13 | Violation.

...No retailer shall knowingly fail or refuse to withhold or remit any assessment levied under section 936.08 of the Revised Code.

Section 936.99 | Penalty.

...Whoever violates section 936.13 of the Revised Code is guilty of a misdemeanor of the fourth degree.

Section 939.01 | Definitions.

...eveloped 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 ...

Section 939.02 | Powers and duties of director of agriculture.

...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 ...

Section 939.03 | Operation and management plan; nuisances; complaint.

...gement plan approved by the director of agriculture or the director's designee under section 939.02 of the Revised Code or by the supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code. (B) A person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so orally or by submitting a written, signed, and dated complaint to the dir...

Section 939.04 | Composting of dead animals.

...osting plan required by the director of agriculture under division (A)(2) of section 939.02 of the Revised Code. If the person's proposed composting plan is disapproved by the supervisors of the appropriate soil and water conservation district under division (S)(3) of section 940.06 of the Revised Code, the person may appeal the plan disapproval to the director, who shall afford the person a hearing. Following the he...

Section 939.05 | Cooperative agreements with supervisors of soil and water conservation district.

...The director of agriculture, subject to approval of the terms of the agreement by the Ohio soil and water conservation commission, shall enter into cooperative agreements with the supervisors of a soil and water conservation district desiring to enter into those agreements pursuant to section 940.06 of the Revised Code. The agreements shall be entered into to obtain compliance with rules of the director pertaining to...

Section 939.06 | Director may enter into contracts or agreements.

...The director of agriculture may do any of the following: (A) Enter into contracts or agreements with any agency of the United States government, or any other public or private agency, or organization, for the performance of the prescribed duties of the department of agriculture under this chapter and Chapter 940. of the Revised Code or for accomplishing cooperative projects within the scope of those duties; (B) Ent...

Section 939.07 | Assessment of corrective actions and penalties.

...(A)(1) The director of agriculture may propose to require corrective actions and assess a civil penalty against the owner or operator of agricultural land or an animal feeding operation if the director or the director's designee determines that the owner or operator is doing one of the following: (a) Not complying with a standard established in rules adopted under division (E)(1) of section 939.02 of the Revised Cod...

Section 939.08 | Application of manure in the western basin.

... event of an emergency, the director of agriculture or the director's designee provides written consent and the manure application is made in accordance with procedures established in the United States department of agriculture natural resources conservation service practice standard code 590 prepared for this state. (C)(1) Upon receiving a complaint by any person or upon receiving information that would indicate a ...

Section 939.09 | Penalty for unlawful application of manure in the western basin.

...on (D) of this section, the director of agriculture may assess a civil penalty against a person that violates section 939.08 of the Revised Code. The director may impose a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the person violated section 939.08 of the Revised Code. The perso...

Section 939.10 | Agricultural pollution abatement fund.

...hall be administered by the director of agriculture. The fund may be used to pay costs incurred by the department of agriculture under division (E) of section 939.07 of the Revised Code in investigating, mitigating, minimizing, removing, or abating any pollution of the waters of the state caused by agricultural pollution or an unauthorized release, spill, or discharge of manure into or upon the environment that requi...

Section 940.01 | Definitions.

...As used in this chapter: (A) "Soil and water conservation district" means a district organized in accordance with this chapter. (B) "Supervisor" means one of the members of the governing body of a district. (C) "Landowner," "owner," or "owner of land" means an owner of record as shown by the records in the office of the county recorder. With respect to an improvement or a proposed improvement, "landowner," "...

Section 940.02 | Ohio soil and water conservation commission; powers and duties.

...hereby established in the department of agriculture the Ohio soil and water conservation commission. The commission shall consist of seven members of equal status and authority, six of whom shall be appointed by the governor with the advice and consent of the senate, and one of whom shall be designated by resolution of the board of directors of the Ohio federation of soil and water conservation districts. The directo...

Section 940.03 | County to have district coextensive with its geographic area.

...Each county shall have a soil and water conservation district coextensive with the geographic area of the county, and each district shall constitute a political subdivision of this state.

Section 940.04 | Soil and water conservation district supervisors.

...Each soil and water conservation district shall be administered by a board consisting of the five supervisors. Elections of supervisors shall be conducted by the Ohio soil and water conservation commission pursuant to rules it adopts under Chapter 119. of the Revised Code. The term of each supervisor shall be for three years. Due notice of election of supervisors shall be given by the commission. Successors to fill u...

Section 940.05 | Governing body of district.

...(A) The board of supervisors of a soil and water conservation district shall consist of five supervisors, as provided for in section 940.04 of the Revised Code. (B) The board shall organize annually by selecting a chairperson, a secretary, and a treasurer. It shall designate one of its members as fiscal agent. A majority of the board shall constitute a quorum. The concurrence of a majority of the board in any matte...

Section 940.06 | Supervisors of soil and water conservation district; additional powers.

...nts or contracts with the department of agriculture for the determination, implementation, inspection, and funding of agricultural pollution abatement measures whereby landowners, operators, managers, and developers may meet adopted state standards for a quality environment, except that failure of a board to negotiate an agreement or contract with the department authorizes the department to implement the required pro...

Section 940.07 | Defense of tort actions.

...(A) As used in this section: (1) "Judgment" includes a consent judgment. (2) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons. (B) Except as provided in divisions (C) and (D) of this section, the provisions of Chapter 2744. of the Revised Code apply to soil and wate...

Section 940.08 | Supervisors to employ assistants and personnel and acquire materials, equipment, supplies and offices.

...The board of supervisors of a soil and water conservation district may employ assistants and such other employees as it considers necessary and may provide for the payment of the reasonable compensation of such assistants and employees and expenses incurred by them in the discharge of their duties from the special fund established for the district pursuant to section 940.12 of the Revised Code. District employees a...