Kentucky Administrative Regulations › Title 416 - SOIL AND WATER CONSERVATION COMMISSION › Chapter 1 - Administration › Section 416 KAR 1:001 - Definitions for 416 KAR Chapter 1

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.080 - 146.115, 224.71-100 - 224.71-140,
				262.610 - 262.660
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.110 and 146.115
				authorizes the Soil and Water Conservation Commission to promulgate
				administrative regulations governing administration of the Kentucky Soil
				Erosion and Water Quality Cost-share Fund. KRS 262.660 authorizes the Soil and
				Water Conservation Commission to promulgate administrative regulations
				governing the administration of the Equipment Revolving Loan Fund as expressed
				in KRS 262.610 through 262.650. This administrative regulation establishes
				definitions for terms used in 416 KAR Chapter 1.
Section 1. Definitions.
(1) "Agricultural or silvicultural
			 production" means any farm operation on a tract of land, including all
			 income-producing improvements and farm dwellings, together with other farm
			 buildings and structures incident to the operation and maintenance of the farm,
			 used for the production of livestock, livestock products, poultry, poultry
			 products, milk, milk products, or silviculture products, or for the growing of
			 crops such as tobacco, corn, soybeans, small grains, fruit, and vegetables; or
			 devoted to and meeting the requirements and qualifications for payments to
			 agriculture programs under an agreement with the state or federal
			 government.
(2) "Agriculture water
			 quality plan" is defined by KRS 224.71-100(10).
(3) "Animal waste" means feces, urine, or
			 other excrement, digestive emission, urea, or similar substance emitted by
			 animals, including from any form of livestock, poultry, or fish. This includes
			 animal waste that is mixed or commingled with bedding, compost, feed, soil, or
			 any other material typically found with this waste.
(4) "Applicant" for purposes of  416 KAR 1:010, means a person who applies for cost-share assistance from the Kentucky
			 Soil Erosion and Water Quality Cost-share Fund.
(5) "Available funds" means moneys budgeted,
			 unobligated, and distributed to the commission for the purposes of KRS 146.115.
(6) "Best management
			 practices" means, for agricultural or silvicultural production, the most
			 effective, practical, and economical means of reducing and preventing water
			 pollution provided by the United States Department of Agriculture Natural
			 Resources Conservation Service or the Soil and Water Conservation
			 Commission.
(7) "Case file" means
			 the collection of materials that are assembled and maintained for each
			 application for cost-share assistance.
(8) "Conservation district" or "district" is
			 defined by KRS 262.010(3).
(9)
			 "Cost-share assistance" means cost-share funds awarded by the commission from
			 the Kentucky Soil Erosion and Water Quality Cost-share Fund.
(10) "Direct aid" means appropriated funds
			 awarded to conservation districts by the commission.
(11) "District supervisor" means a member of
			 the governing board of a conservation district.
(12) "Division" means the Kentucky Division
			 of Conservation.
(13) "Eligible
			 land" means land on which agricultural or silvicultural production is being
			 conducted.
(14) "Equipment" means
			 heavy or specialized equipment purchased through the Equipment Revolving Loan
			 Program for the purpose of conserving soil resources, the prevention and
			 control of soil erosion, or the conservation and protection of water resources
			 related to those purposes.
(15)
			 "Groundwater" means subsurface water occurring in the zone of saturation
			 beneath the water table and any perched water zones below the B soil
			 horizon.
(16) "Infrastructure" is
			 defined by KRS 262.010(5).
(17)
			 "Performance and maintenance agreement" means a written agreement between an
			 eligible person and the district in which the eligible person agrees to
			 implement and to maintain the best management practices for which cost-share
			 assistance is being awarded.
(18)
			 "Primary applicant":
(a) For purposes of 416
			 KAR 1:020, means:
1. A conservation district
			 applying on its own for equipment;
2. The person applying jointly with a
			 conservation district for equipment; or
3. A conservation district applying for
			 infrastructure; and
(b)
			 Means the entity responsible for monthly payments, insurance, liability, and
			 operational and reporting requirements.
(19) "Program year" means the period from
			 July 1 to June 30.
(20) "Soil and
			 Water Conservation Commission" or "commission" means the commission established
			 by KRS 146.090.
(21) "Surface
			 water":
(a) Means those waters having
			 well-defined banks and beds, either constantly or intermittently flowing; lakes
			 and impounded waters, marshes, and wetlands; and any subterranean waters
			 flowing in well-defined channels and having a demonstrable hydrologic
			 connection with the surface; and
(b) Does not mean effluent ditches and
			 lagoons used for waste treatment that are situated on property owned, leased,
			 or under valid easement by a permitted discharger.
(22) "Surplus equipment" means heavy or
			 specialized equipment that is no longer needed or has become unsuitable for use
			 by the district.
(23) "Water
			 priority protection region" means an area specifically delineated where water
			 pollution from agricultural or silvicultural production has been scientifically
			 documented.
(24) "Watershed" means
			 all the area from which all drainage passes a given point downstream.