Ohio Revised Code Search
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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... |
Section 940.09 | Donated sick leave program; procedure.
...(A) As used in this section: (1) "Receiving employee" means an employee of a soil and water conservation district who receives donated sick leave as authorized by this section. (2) "Donating employee" means an employee of a soil and water conservation district who donates sick leave as authorized by this section. (3) "Paid leave" has the same meaning as in section 124.391 of the Revised Code. (4) "Full-time e... |
Section 940.10 | Sale of unneeded personal property of district.
...(A) When the board of supervisors of a soil and water conservation district find, by resolution, that the district has personal property, including motor vehicles acquired for the use of district officers, road machinery, equipment, tools, or supplies, that is not needed for public use, or is obsolete or unfit for the use for which it was acquired, the board may sell such property at public auction or by sealed bid t... |
Section 940.11 | Policies for soil and water conservation district credit card accounts.
...(A) Not later than three months after November 2, 2018, the board of supervisors of a soil and water conservation district that hold a credit card account on November 2, 2018, shall adopt a written policy for the use of credit card accounts. Otherwise, the board shall adopt a written policy before first holding a credit card account. The policy shall include provisions addressing all of the following: (1) The mem... |
Section 940.111 | Acceptance of payments by financial transaction devices.
...(A) As used in this section: (1) "Financial transaction device" includes a credit card, debit card, charge card, or prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications or any other device or method for making an electronic payment or t... |
Section 940.12 | Levy of tax within ten-mill limitation.
...The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the poli... |
Section 940.13 | Prosecuting attorney is legal adviser.
...(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions in the prosecuting attorney's official capacity. The board of supervisors of a district may also employ such attorneys as may be necessary o... |
Section 940.14 | Infringement of rights.
...This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources. |
Section 940.15 | Payments to local soil and water conservation districts.
...funds appropriated to the department of agriculture and the soil and water conservation district assistance fund created in this section, there shall be paid in each calendar year to each soil and water conservation district a matching amount not to exceed one dollar for each one dollar received by a district as follows: (1) In accordance with section 940.12 of the Revised Code; (2) From tax levies in excess of the... |
Section 940.16 | Advance of moneys from soil and water conservation fund; repayment.
...A board of county commissioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of the cost of surveys and plans, appraisals, estimates of cost, land options, and other incidental expenses of constructing works of improvemen... |
Section 940.17 | Sharing costs of improvement by conservation district.
...The director of agriculture, upon recommendation by the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil and water conservation district. The state share shall be paid from moneys appropriated for such purposes. The state share authorized under th... |
Section 940.19 | Petition to supervisors for construction of conservation improvement.
...(A) An owner of land that is located in a soil and water conservation district may file a petition with the board of supervisors of the district requesting the construction of a conservation work of improvement. Prior to filing a petition, the petitioner shall consult with the district to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition. (B) The peti... |
Section 940.20 | Notice of hearing on proposed improvement.
...vice in the United States department of agriculture that is involved with the district together with any other people that the board considers to be necessary to the proceedings. (D) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code. |
Section 940.21 | View of site of proposed improvement.
...(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means that the board determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues... |
Section 940.22 | Preliminary report on proposed improvement; alternate proposals; review by engineer.
...er who is employed by the department of agriculture or by the natural resources conservation service in the United States department of agriculture and who is responsible for providing technical assistance to the district or from any other registered professional engineer selected by the board of supervisors. |
Section 940.23 | Hearing on petition; objections by affected landowners.
...(A) On the date and at the time established by the board of supervisors for the hearing on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following: (1) Present the board's preliminary report on the proposed improvement; (2) Hear any comments or evidence offered by any landowner for or against the proposed improvement. (B) If necessary... |