Ohio Admin. Code 901:13-1-12 - Placing and sloughing

Each

(A) Each owner, operator, or person responsible for agricultural operations shall prevent pollution caused by placing soil directly into or in such a position that it may readily erode or slough into waters of the state. Agricultural operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent sloughing of soil and have caused pollution to waters of the state shall apply and maintain BMPs to prevent soil sloughing from occurring. Agricultural operations shall not use earth disturbing practices, including tillage, immediately adjacent to waters of the state such that the disturbed soil is placed or may readily erode or slough into waters of the state, except for those practices constructed or implemented in accordance with generally accepted agricultural and engineering practices.

(B) Agricultural operations found by the director or the director's designee to have failed to implement best management practices to prevent sloughing of soil and have caused pollution to waters of the state shall apply and maintain best management practices to prevent soil sloughing from occurring as outlined in the "Field Office Technical Guide."

(C) Except for those practices constructed or implemented in accordance with generally accepted agricultural and engineering practices, agricultural operations shall not use earth disturbing practices, including tillage, immediately adjacent to waters of the state such that the disturbed soil is placed or may readily erode or slough into waters of the state.

Notes

Ohio Admin. Code 901:13-1-12

Effective: 8/19/2024
Five Year Review (FYR) Dates: 4/19/2024 and 08/19/2029
Promulgated Under: 119.03
Statutory Authority: 939.02
Rule Amplifies: 939.02
Prior Effective Dates: 11/01/1979, 05/01/1989, 05/07/1992, 12/23/2010, 12/31/2015 (Emer.), 04/01/2016