KRS 224.71-100: Definitions for KRS 224.71-100 to 224.71-140.

As used in KRS 224.71-100 to 224.71-140, unless the context requires otherwise:

(1) "Agriculture operation" 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,

situated on ten (10) contiguous acres or more of land used for the production of

livestock, livestock products, poultry, poultry products, milk, milk products, or

silviculture products, or f or the growing of crops such as, but not limited to,

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) "Bad actor" means any person engaged in agriculture operations, who receives

written notification of documented water pollution and of the agriculture water

quality plan needed to prevent water pollution, and is provided technical assista nce,

and financial assistance when possible, to implement the agriculture water quality

plan, but still refuses or fails to comply with the requirements of the agriculture

water quality plan;

(3) "Best management practices" means, for agriculture operation s, 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 and the Soil and Water Conservation Commission. Best

management practices shall establish a minimum level of acceptable quality for

planning, siting, designing, installing, operating, and maintaining these practices;

(4) "Conservation plan" means a plan, provided by the United States Department of

Agriculture Natural Resources Conservation Service and the Soil and Water

Conservation Commission, describing best land management practices, including an

installation schedule and maintenance program, which when completely

implemented, will improve and maintain soil, water, and related plant and animal

resources of the land;

(5) "Compliance plan" means a conservation plan containing best management

practices developed for persons engaged in agriculture operations by the United

States Department of Agriculture Natural Resource s Conservation Services, in

conjunction with local conservation districts as required for eligibility under the

Federal Food Security Act;

(6) "Forest stewardship management plan" means a plan developed by the cabinet's

Division of Forestry, the cabinet's Division of Conservation, the Department of Fish

and Wildlife Resources, and the United States Department of Agriculture Natural

Resources Conservation Service which establishes practices for a person engaged in

agriculture operations to manage forest lands in accordance with sound silvicultural

principles;

(7) "Conservation district" means a subdivision of state government organized pursuant

to KRS Chapter 262 for the specific purpose of assisting persons engaged in

agriculture operations and land users in solving soil and water resources problems,

setting priorities for conservation work to be accomplished, and coordinating the

federal, state, and local resources to carry out these programs;

(8) "Groundwater" means subsurface water occurring in the zone of saturation beneath

the water table and any perched water zones below the B soil horizon;

(9) "Water priority protection region" means an area specifically delineated where

water pollution from agriculture operations has been scientifically documented;

(10) "Agriculture water quality plan" means a document incorporating the conservation

plan, compliance plan, or forest stewardship management plan as necessary to

prevent groundwater and surface water pollution from an agriculture operation;

(11) "Surface wat er" 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 conn ection with the surface. Effluent ditches and

lagoons used for waste treatment which are situated on property owned, leased, or

under valid easement by a permitted discharger shall not be considered to be surface

waters of the Commonwealth;

(12) "Soil and Water Conservation Commission" means the commission created in KRS

146.090 for the purpose of administering the organization of conservation districts;

and

(13) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or

any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species.