Section 939.08 | Application of manure in the western basin.
(A) Except as provided in division (B) of this section, no person in the western basin shall surface apply manure under any of the following circumstances:
(1) On snow-covered or frozen soil;
(2) When the top two inches of soil are saturated from precipitation;
(3) When the local weather forecast for the application area contains greater than a fifty per cent chance of precipitation exceeding one-half inch in a twenty-four-hour period.
(B) Division (A) of this section does not apply if a person in the western basin applies manure under any of the following circumstances:
(1) The manure is injected into the ground.
(2) The manure is incorporated within twenty-four hours of surface application.
(3) The manure is applied onto a growing crop.
(4) In the 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 violation of this section, the director or the director's designee may investigate or make inquiries into any alleged failure to comply with this section.
(2) After receiving a complaint by any person or upon receiving information that would indicate a violation of this section, the director or the director's designee may enter at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged failure to comply with this section.
(3) If an individual denies access to the individual's property, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes of this section.
(4) The court shall issue the search warrant for the purposes requested if there is probable cause to believe that the person is not in compliance with this section. The finding of probable cause may be based on hearsay, provided that there is a reasonable basis for believing that the source of the hearsay is credible.
(D) This section does not affect any restrictions established in Chapter 903. of the Revised Code or otherwise apply to those entities or facilities that are permitted as concentrated animal feeding facilities under that chapter.
(E) As used in this section, "western basin" has the same meaning as in section 905.326 of the Revised Code.
Available Versions of this Section
- January 1, 2016 – House Bill 64, 131st General Assembly [ View January 1, 2016 Version ]