As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 141 5
1999-2000 6
SENATOR MUMPER 8
_________________________________________________________________ 10
A B I L L
To amend sections 1521.01, 5516.061, 6111.03, 12
6111.04, and 6111.44 and to enact sections 14
307.203, 903.01 to 903.15, 903.99, and 1521.19 of
the Revised Code to transfer authority to issue 16
permits for the construction of new or 17
modification of existing concentrated animal
feeding operations from the Director of 18
Environmental Protection to the Director of 19
Agriculture, to provide for the regulation of 20
concentrated animal feeding operations, and to 21
make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 1521.01, 5516.061, 6111.03, 25
6111.04, and 6111.44 be amended and sections 307.203, 903.01, 27
903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 903.09, 28
903.10, 903.11, 903.12, 903.13, 903.14, 903.15, 903.99, and 29
1521.19 of the Revised Code be enacted to read as follows: 31
Sec. 307.203. (A) AS USED IN THIS SECTION, "ANIMAL UNIT," 33
"CONCENTRATED ANIMAL FEEDING OPERATION," AND "MAJOR CONCENTRATED 34
ANIMAL FEEDING OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 36
903.01 OF THE REVISED CODE.
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL 38
MEET WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE 39
BOARD OF TRUSTEES OF THE TOWNSHIP IN WHICH A PROPOSED NEW OR 40
EXPANDED MAJOR CONCENTRATED ANIMAL FEEDING OPERATION IS OR IS TO 41
BE LOCATED:
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(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING 43
OPERATION;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 45
OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN 46
PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN 47
THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE 48
OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL 49
SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR 50
DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS 51
APPLICABLE;
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 53
OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER 54
CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE 55
CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION 56
OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR 57
MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION 59
(J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO 60
A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 61
THE MEETING SHALL OCCUR BEFORE THE APPLICANT FILES THE 63
APPLICATION FOR A PERMIT FOR THE CONSTRUCTION OR MODIFICATION OF 64
THE OPERATION UNDER SECTION 903.02 OF THE REVISED CODE. THE 65
MEETING WITH THE BOARD OF COUNTY COMMISSIONERS MAY BE CONDUCTED 66
SEPARATELY FROM THE MEETING WITH THE BOARD OF TOWNSHIP TRUSTEES. 67
AT THE MEETING, THE BOARDS AND THE PERSON SHALL DISCUSS THE 68
POTENTIAL IMPACT OF THE PROPOSED NEW OR EXPANDED OPERATION ON 69
COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY. THE BOARDS SHALL
PREPARE A WRITTEN, DATED STATEMENT IN DUPLICATE CERTIFYING THAT 70
THE MEETING AND DISCUSSION TOOK PLACE AND MAY ADD ANY COMMENTS TO 71
THE STATEMENT THAT THE BOARDS CONSIDER APPROPRIATE. THE BOARDS 72
SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO 73
THAT IT CAN BE INCLUDED WITH THE PERMIT APPLICATION AND SHALL 74
RETAIN THE COPY IN THE BOARDS' RECORDS.
Sec. 903.01. AS USED IN THIS CHAPTER: 76
(A) "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT CALCULATED 79
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BY ADDING THE FOLLOWING NUMBERS: 80
(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED 82
BY ONE; 83
(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR 85
DRY MULTIPLIED BY ONE AND FOUR-TENTHS; 86
(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE 88
POUNDS MULTIPLIED BY FOUR-TENTHS; 89
(4) THE NUMBER OF HORSES MULTIPLIED BY TWO; 91
(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH; 93
(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS; 95
(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY 97
ONE-HUNDREDTH; 98
(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS. 100
(B) "CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A SITE, 102
TRACT OF LAND, BUILDING, OR STRUCTURE TO WHICH ALL OF THE 104
FOLLOWING APPLY:
(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, 106
OR WILL BE STABLED OR CONFINED, AND FED OR MAINTAINED, THERE FOR 107
A TOTAL OF FORTY-FIVE DAYS OR MORE DURING ANY TWELVE-MONTH 108
PERIOD.
(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST 110
RESIDUES ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON ON ANY 111
PORTION OF THE SITE OR TRACT OF LAND ON WHICH ARE LOCATED 112
BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED. 113
(3) BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED 115
OR CONFINED ON THE SITE OR TRACT OF LAND, TOGETHER WITH BUILDINGS 116
OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON 117
ADJOINING SITES OR TRACTS OF LAND OR ON SITES OR TRACTS OF LAND 118
WITH WHICH IS SHARED A COMMON WASTE DISPOSAL SYSTEM, HAVE A TOTAL 119
DESIGN CAPACITY OF MORE THAN ONE THOUSAND ANIMAL UNITS. 120
(C) "FEDERAL WATER POLLUTION CONTROL ACT" MEANS THE 127
"FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972," 86 133
STAT. 816, 33 U.S.C. 1251 ET. SEQ., AS AMENDED, AND REGULATIONS 135
ADOPTED UNDER IT.
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(D) "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A 137
CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN 138
CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 139
(E) "MANURE" MEANS ANIMAL EXCRETA, DISCARDED PRODUCTS, 142
BEDDING, WASH WATERS, WASTE FEED, SILAGE DRAINAGE, AND COMPOST 143
PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE COMPOSTING OF 144
ANIMAL EXCRETA.
(F) "MANURE STORAGE OR TREATMENT FACILITY" MEANS ANY 147
EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF
STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING, OR 149
STORAGE OF MANURE.
(G) "MORTALITY COMPOSTING" MEANS THE CONTROLLED 151
DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD 152
ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE MATERIAL. 154
Sec. 903.02. (A) AS USED IN THIS SECTION: 156
(1) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT 158
PRACTICES ESTABLISHED IN RULES. 159
(2) "OPERATION" MEANS A PROPOSED NEW OR MODIFIED 161
CONCENTRATED ANIMAL FEEDING OPERATION. 162
(3) "PERMIT" MEANS AN INITIAL PERMIT OR PERMIT 164
MODIFICATION ISSUED UNDER THIS SECTION UNLESS OTHERWISE 166
INDICATED.
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO 169
PERSON SHALL MODIFY AN EXISTING OR CONSTRUCT A NEW CONCENTRATED 170
ANIMAL FEEDING OPERATION WITHOUT OBTAINING A PERMIT ISSUED BY THE 171
DIRECTOR OF AGRICULTURE UNDER THIS SECTION. 172
(C) THE DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY HELP AN 175
APPLICANT FOR A PERMIT DURING THE PERMITTING PROCESS BY PROVIDING 176
GUIDANCE AND TECHNICAL ASSISTANCE. 177
(D) AN APPLICANT FOR AN INITIAL PERMIT SHALL SUBMIT AN 180
APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR 181
PRESCRIBES AND PROVIDES, TOGETHER WITH A FEE IN AN AMOUNT 182
ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE WITH THE 183
APPLICATION ALL OF THE FOLLOWING INFORMATION:
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(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS 186
IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS AND 187
DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER 188
PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT 189
OF THE APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR 190
MANAGERS OF THE APPLICANT;
(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL UNITS 193
THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR 194
MAINTAIN;
(3) DESIGN AND ENGINEERING PLANS FOR THE PROPOSED 196
CONSTRUCTION OF THE OPERATION THAT INCLUDE THE PROPOSED LOCATION 198
OF THE CONSTRUCTION, DESIGN AND ENGINEERING CONSTRUCTION PLANS 199
AND SPECIFICATIONS, ANTICIPATED BEGINNING AND ENDING DATES FOR 200
WORK PERFORMED, AND ANY OTHER INFORMATION THAT THE DIRECTOR 201
REQUIRES BY RULE;
(4) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT 203
CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, 204
STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED 206
AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED 207
BY RULE;
(5) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION 210
PREPARED IN ACCORDANCE WITH SECTION 903.08 OF THE REVISED CODE; 212
(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE 215
WITH THE FEDERAL WATER POLLUTION CONTROL ACT REQUIRED TO BE 220
PROVIDED UNDER SECTION 903.03 OF THE REVISED CODE, IF APPLICABLE; 222
(7) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT 225
WOULD HAVE A TOTAL DESIGN CAPACITY TO RAISE OR MAINTAIN MORE THAN 226
TEN THOUSAND ANIMAL UNITS, WRITTEN PROOF THAT THE PERSON WHO 227
WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND
HANDLING OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK 229
MANAGER CERTIFICATION IN ACCORDANCE WITH SECTION 903.06 OF THE 231
REVISED CODE; 232
(8) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT 235
MEETS THE CRITERIA ESTABLISHED IN SECTION 307.203 OF THE REVISED 236
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CODE, A WRITTEN STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS 238
OF THE COUNTY AND THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP 239
IN WHICH THE OPERATION WOULD BE LOCATED CERTIFYING THAT, IN 240
ACCORDANCE WITH THAT SECTION, THE APPLICANT HAS MET AND DISCUSSED 242
WITH THE BOARDS THE POTENTIAL IMPACT OF THE NEW OR EXPANDED 243
OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY; 244
(9) ANY OTHER INFORMATION REQUIRED BY RULE. 246
INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A 248
PERMIT MODIFICATION, TOGETHER WITH THE APPLICABLE FEE AMOUNT, 249
SHALL BE ESTABLISHED IN RULES. 250
(E) NOT LATER THAN NINETY DAYS AFTER RECEIVING A PERMIT 253
APPLICATION, THE DIRECTOR SHALL ISSUE OR DENY THE PERMIT. IF THE 254
PERMIT IS DENIED, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN 255
WRITING OF THE REASON FOR THE DENIAL. 256
THE DIRECTOR SHALL DENY A PERMIT IF ANY OF THE FOLLOWING 259
APPLIES:
(1) THE PERMIT APPLICATION CONTAINS INCOMPLETE, 261
MISLEADING, OR FALSE INFORMATION. 262
(2) THE DESIGN AND ENGINEERING PLANS, MANURE MANAGEMENT 265
PLAN, OR INSECT AND RODENT CONTROL PLAN FAILS TO CONFORM TO BEST 266
MANAGEMENT PRACTICES.
(3) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER 268
THE EFFECTIVE DATE OF THIS SECTION, THE CHIEF OF THE DIVISION OF 269
WATER IN THE DEPARTMENT OF NATURAL RESOURCES HAS NOT APPROVED A 270
HYDROGEOLOGIC REPORT FOR THE OPERATION IN ACCORDANCE WITH SECTION 271
1521.19 OF THE REVISED CODE, IF APPLICABLE. 273
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE 275
THOSE ESTABLISHED IN THIS CHAPTER AND RULES. 276
(F) THE DIRECTOR MAY SUSPEND OR REVOKE A PERMIT IN 278
ACCORDANCE WITH RULES. 279
(G) UPON ISSUING A PERMIT FOR AN OPERATION, THE DIRECTOR 282
OF AGRICULTURE PROMPTLY SHALL NOTIFY THE DIRECTOR OF 283
ENVIRONMENTAL PROTECTION OF THE ISSUANCE. UPON REQUEST BY THE 284
DIRECTOR OF ENVIRONMENTAL PROTECTION, THE DIRECTOR OF AGRICULTURE 285
7
SHALL FORWARD TO THE DIRECTOR OF ENVIRONMENTAL PROTECTION ALL OR 287
PART OF THE INFORMATION CONTAINED IN THE PERMIT APPLICATION SO 288
THAT THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY DETERMINE IF 289
THE OPERATION ALSO REQUIRES A PERMIT UNDER SECTION 6111.03 OF THE 290
REVISED CODE FOR THE DISCHARGE OF WASTE INTO THE WATERS OF THIS 292
STATE OR UNDER SECTION 6111.035 OF THE REVISED CODE FOR THE 294
DISCHARGE OF STORM WATER. 295
(H) WHEN OWNERSHIP OF AN OPERATION FOR WHICH A PERMIT HAS 297
BEEN ISSUED UNDER THIS SECTION OR AN INSTALLATION PERMIT HAS BEEN 298
ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED 300
CODE IS TRANSFERRED, THE PERMIT OR INSTALLATION PERMIT IS 301
TRANSFERABLE TO THE NEW OWNER OF THE OPERATION. THE NEW OWNER IS 302
NOT REQUIRED TO APPLY FOR A PERMIT SOLELY BECAUSE OWNERSHIP OF 304
THE OPERATION HAS BEEN TRANSFERRED.
Sec. 903.03. (A) EACH APPLICATION FOR A PERMIT ISSUED 306
UNDER SECTION 903.02 OF THE REVISED CODE THAT IS SUBMITTED BY AN 307
APPLICANT WHO HAS NOT OPERATED A CONCENTRATED ANIMAL FEEDING 309
OPERATION IN THIS STATE FOR AT LEAST TWO OF THE FIVE YEARS 310
IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION SHALL BE 311
ACCOMPANIED BY ALL OF THE FOLLOWING: 312
(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING 314
OPERATIONS THAT THE OWNER OR OPERATOR OF THE PROPOSED NEW OR 315
MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION HAS OPERATED OR IS 317
OPERATING IN THIS STATE; 318
(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING 320
OPERATIONS THAT THE OWNER OR OPERATOR HAS OPERATED OR IS 321
OPERATING ELSEWHERE IN THE UNITED STATES AND THAT ARE ARE 322
REGULATED UNDER THE FEDERAL WATER POLLUTION CONTROL ACT; 323
(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT ORDERS 326
ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL ACTIONS IN WHICH THE 327
OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO BE 328
LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR
ANOTHER TYPE OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH 329
THE OWNER OR OPERATOR PLEADED GUILTY OR WAS CONVICTED, DURING THE 331
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FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE
APPLICATION, IN CONNECTION WITH ANY VIOLATION OF THE FEDERAL 334
WATER POLLUTION CONTROL ACT THAT WAS ALLEGED TO HAVE OCCURRED OR 336
TO BE OCCURRING AT ANY CONCENTRATED ANIMAL FEEDING OPERATION THAT 337
THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING IN THE UNITED 338
STATES.
THE LISTS OF CONCENTRATED ANIMAL FEEDING OPERATIONS 340
OPERATED BY THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE 341
SHALL INCLUDE, RESPECTIVELY, ALL SUCH OPERATIONS OPERATED BY THE 343
OWNER OR OPERATOR DURING THE FIVE-YEAR PERIOD IMMEDIATELY 344
PRECEDING THE SUBMISSION OF THE APPLICATION.
(B) IF THE APPLICANT FOR A PERMIT HAS BEEN INVOLVED IN ANY 348
PRIOR ACTIVITY INVOLVING THE OPERATION OF A CONCENTRATED ANIMAL 349
FEEDING OPERATION, THE DIRECTOR OF AGRICULTURE MAY DENY THE 351
APPLICATION IF THE DIRECTOR FINDS FROM THE APPLICATION, THE 352
INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS 353
SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND 354
OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE 355
DIRECTOR'S DISCRETION, THAT THE APPLICANT AND PERSONS ASSOCIATED 356
WITH THE APPLICANT, IN THE OPERATION OF CONCENTRATED ANIMAL 357
FEEDING OPERATIONS, HAVE A HISTORY OF SUBSTANTIAL NONCOMPLIANCE 358
WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT INDICATES THAT 360
THE APPLICANT LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND 362
COMPETENCE TO OPERATE THE PROPOSED NEW OR MODIFIED CONCENTRATED 363
ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE WITH THIS 364
CHAPTER, CHAPTER 6111. OF THE REVISED CODE, AND RULES ADOPTED 365
UNDER THEM.
Sec. 903.04. THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES 368
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO ALL 371
OF THE FOLLOWING: 372
(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING LIVESTOCK 375
MANAGER CERTIFICATION REQUIRED UNDER SECTION 903.06 OF THE 378
REVISED CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR A 381
9
LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT OF THE APPLICATION 382
FEE;
(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED 384
AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR 385
A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING SHALL INCLUDE 387
AND THE EXAMINATION SHALL TEST THE APPLICANT'S KNOWLEDGE OF 388
INFORMATION ON TOPICS THAT INCLUDE, WITHOUT LIMITATION, 389
CALCULATING NUTRIENT VALUES IN MANURE, DEVISING AND IMPLEMENTING 390
A PLAN FOR THE LAND APPLICATION OF MANURE, REMOVING MANURE HELD 391
IN A MANURE STORAGE OR TREATMENT FACILITY, AND FOLLOWING BEST 392
MANAGEMENT PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD 393
ANIMALS AND MANURE MANAGEMENT, INCLUDING PRACTICES THAT CONTROL 395
ODOR AND PROTECT THE ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER 396
TYPES OF RECOGNIZED TRAINING PROGRAMS THAT, IF COMPLETED, ARE 397
CONSIDERED TO SATISFY THE TRAINING AND EXAMINATION REQUIREMENT. 398
(3) CRITERIA AND PROCEDURES FOR THE DENIAL, SUSPENSION, 400
REVOCATION, OR REINSTATEMENT OF A LIVESTOCK MANAGER 402
CERTIFICATION;
(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER 404
CERTIFICATIONS WILL BE VALID AND PROCEDURES FOR THEIR RENEWAL; 406
(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, 408
OR SOLD ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE 409
REQUIRED TO OBTAIN A LIVESTOCK MANAGER CERTIFICATION UNDER 410
DIVISION (A)(2) OF SECTION 903.06 OF THE REVISED CODE; 411
(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND 413
ENFORCE SECTION 903.06 OF THE REVISED CODE. 416
(B) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND 418
RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.08 OF THE REVISED 420
CODE: 421
(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND RODENT 424
CONTROL PLAN;
(2) CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING 427
MODIFICATION OF AN INSECT AND RODENT CONTROL PLAN; 428
(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR VIOLATION 431
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OF AN INSECT AND RODENT CONTROL PLAN;
(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND 433
RODENT CONTROL PLANS; 434
(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND 436
RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING OPERATIONS AT 438
WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY
AFFECT PUBLIC HEALTH; 439
(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN 441
INSECT AND RODENT CONTROL PLAN ASSESSED UNDER SECTION 903.13 OF 442
THE REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION 443
(B)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF 444
MORE THAN FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING A 445
CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN 446
CAPACITY OF TEN THOUSAND OR FEWER ANIMAL UNITS AND SHALL NOT 447
ESTABLISH A CIVIL PENALTY OF MORE THAN TWENTY-FIVE THOUSAND 448
DOLLARS FOR A VIOLATION INVOLVING A MAJOR CONCENTRATED ANIMAL
FEEDING OPERATION. 449
(C) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS 451
ISSUED UNDER SECTION 903.02 OF THE REVISED CODE: 454
(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION OF A 457
CONCENTRATED ANIMAL FEEDING OPERATION;
(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN 460
INITIAL PERMIT APPLICATION AND AN APPLICATION FOR A PERMIT
MODIFICATION; 461
(3) INFORMATION THAT MUST BE INCLUDED IN DESIGN AND 464
ENGINEERING PLANS REQUIRED TO BE SUBMITTED WITH THE PERMIT 465
APPLICATION AND CRITERIA FOR APPROVING, DISAPPROVING, OR 466
REQUIRING MODIFICATION OF THE PLANS;
(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE 468
MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH A PERMIT 469
APPLICATION; 470
(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION 472
FOR THE MODIFICATION OF A PERMIT THAT INITIALLY WAS ISSUED UNDER 473
DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE 475
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INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL 476
FEEDING OPERATION AND OF A PERMIT THAT INITIALLY WAS ISSUED UNDER 477
SECTION 903.02 OF THE REVISED CODE; 478
(6) ANY ADDITIONAL INFORMATION THAT MUST BE INCLUDED WITH 481
A PERMIT APPLICATION;
(7) GROUNDS FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A 484
PERMIT IN ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION (E) OF 485
SECTION 903.02 OF THE REVISED CODE. 487
(D) ESTABLISH BEST MANAGEMENT PRACTICES GOVERNING ALL OF 490
THE FOLLOWING ACTIVITIES THAT OCCUR AT A CONCENTRATED ANIMAL 491
FEEDING OPERATION:
(1) MANURE MANAGEMENT, INCLUDING, WITHOUT LIMITATION, THE 494
STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF
MANURE, TOGETHER WITH METHODS FOR MINIMIZING ODORS, INSECTS, AND 495
RODENTS ASSOCIATED WITH MANURE; 496
(2) DISPOSAL OF DEAD LIVESTOCK; 498
(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS 500
APPROPRIATE. 501
BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED 503
UNDER DIVISION (D) OF THIS SECTION SHALL NOT CONFLICT WITH BEST 505
MANAGEMENT PRACTICES ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED 506
UNDER ANY OTHER SECTION OF THE REVISED CODE AND THAT ARE IN 508
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION. 509
(E) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED UNDER 511
SECTION 903.15 OF THE REVISED CODE FOR VIOLATION OF THE TERMS OF 512
A PERMIT;
(F) ESTABLISH ANY OTHER PROVISIONS NECESSARY TO ADMINISTER 515
AND ENFORCE THIS CHAPTER. 516
Sec. 903.05. THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S 519
AUTHORIZED REPRESENTATIVE MAY ENTER UPON ANY PUBLIC OR PRIVATE 520
PROPERTY, REAL OR PERSONAL, TO MAKE INVESTIGATIONS AND 521
INSPECTIONS OR TO OTHERWISE DISCHARGE DUTIES NECESSARY FOR THE 522
ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. IF REFUSED
ENTRY, THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE MAY APPLY 523
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FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION MAY ISSUE 524
AN APPROPRIATE WARRANT. 525
Sec. 903.06. (A) ON AND AFTER THE DATE THAT IS EIGHTEEN 527
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, BOTH OF THE 528
FOLLOWING APPLY:
(1) THE MANAGEMENT AND HANDLING OF MANURE AT A MAJOR 531
CONCENTRATED ANIMAL FEEDING OPERATION, INCLUDING, WITHOUT 532
LIMITATION, THE LAND APPLICATION OF MANURE OR THE REMOVAL OF 533
MANURE FROM A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE 534
CONDUCTED ONLY BY OR UNDER THE SUPERVISION OF A PERSON HOLDING A 536
VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION. 537
A PERSON MANAGING OR HANDLING MANURE WHO IS ACTING UNDER THE 539
INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A VALID LIVESTOCK 540
MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE SUPERVISION 541
OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER IS 542
RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE WHEN 543
NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT PHYSICALLY 544
PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR HANDLING. 545
(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL ANNUALLY THE 548
VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF
AGRICULTURE UNDER DIVISION (A)(5) OF SECTION 903.04 OF THE 550
REVISED CODE UNLESS THE PERSON HOLDS A VALID LIVESTOCK MANAGER 551
CERTIFICATION ISSUED UNDER THIS SECTION. 552
(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER 554
CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE 555
APPLICATION FOR CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED 556
BY THE DIRECTOR, TOGETHER WITH THE APPROPRIATE APPLICATION FEE, 557
AND WHO HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS 558
PASSED THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR 559
REVOKE A LIVESTOCK MANAGER CERTIFICATION AND MAY REINSTATE A 561
SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN
ACCORDANCE WITH RULES. 562
(C) INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION 565
FOR A LIVESTOCK MANAGER CERTIFICATION, THE AMOUNT OF THE 566
13
APPLICATION FEE, AND REQUIREMENTS REGARDING TRAINING AND THE 567
EXAMINATION SHALL BE ESTABLISHED IN RULES. 568
Sec. 903.07. THE DIRECTOR OF AGRICULTURE MAY ENTER INTO 570
CONTRACTS OR AGREEMENTS TO CARRY OUT THE PURPOSES OF THIS CHAPTER 572
WITH ANY PERSON, GOVERNMENTAL AGENCY, OR PUBLIC OR PRIVATE 573
ORGANIZATION, INCLUDING, WITHOUT LIMITATION, THE OHIO STATE 575
UNIVERSITY EXTENSION SERVICE, THE NATURAL RESOURCES CONSERVATION 576
SERVICE IN THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE 579
DIVISION OF SOIL AND WATER CONSERVATION IN THE DEPARTMENT OF
NATURAL RESOURCES, AND SOIL AND WATER CONSERVATION DISTRICTS 581
ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED CODE. 582
Sec. 903.08. (A) AS USED IN THIS SECTION: 584
(1) "OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING 586
OPERATION. 587
(2) "OWNER" INCLUDES AN OWNER OR OPERATOR OF A 589
CONCENTRATED ANIMAL FEEDING OPERATION. 590
(3) "PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN 592
PREPARED UNDER THIS SECTION. 593
(B) AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION 596
SHALL PREPARE AND SUBMIT TO THE DIRECTOR OF AGRICULTURE IN 597
ACCORDANCE WITH RULES AN INSECT AND RODENT CONTROL PLAN DESIGNED 599
TO MINIMIZE THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND 600
RODENTS AT THE OPERATION AND IN SURROUNDING AREAS, INCLUDING, 601
WITHOUT LIMITATION, LAND ON WHICH MANURE IS STORED OR APPLIED. 602
THE PLAN SHALL CONFORM TO BEST MANAGEMENT PRACTICES ESTABLISHED 603
IN RULES. THE DIRECTOR SHALL APPROVE OR DENY THE PLAN NOT LATER 604
THAN THIRTY DAYS FOLLOWING ITS RECEIPT AND MAY REQUIRE 606
MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN
ACCORDANCE WITH RULES. 607
(C) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER 610
THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL OWN OR
OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNLESS AN INSECT 611
AND RODENT CONTROL PLAN FOR THE OPERATION HAS BEEN APPROVED BY 613
THE DIRECTOR.
14
(D) THE DIRECTOR SHALL ENFORCE AN INSECT AND RODENT 616
CONTROL PLAN IN ACCORDANCE WITH RULES AND MAY ASSESS A CIVIL 617
PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.13 OF THE 619
REVISED CODE AGAINST AN OWNER OF A CONCENTRATED ANIMAL FEEDING 621
OPERATION WHO OPERATES IT WITHOUT A PLAN APPROVED BY THE DIRECTOR 623
OR WHO VIOLATES THE OPERATION'S PLAN. 624
Sec. 903.09. ALL MONEY COLLECTED BY THE DIRECTOR OF 626
AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02 AND 627
903.06 OF THE REVISED CODE AND FROM CIVIL PENALTIES UNDER SECTION 630
903.13 OF THE REVISED CODE SHALL BE DEPOSITED IN THE LIVESTOCK 633
MANAGEMENT FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 634
MONEY CREDITED TO THE FUND SHALL BE USED SOLELY IN THE 635
ADMINISTRATION OF THIS CHAPTER. 636
Sec. 903.10. (A) A PERSON WHO IS AGGRIEVED OR ADVERSELY 639
AFFECTED BY AN ALLEGED NUISANCE RELATED TO A CONCENTRATED ANIMAL 640
FEEDING OPERATION MAY SUBMIT A COMPLAINT TO THE DIRECTOR OF 641
AGRICULTURE ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT 642
SHALL BE IN WRITING, SIGNED BY THE PERSON MAKING IT, AND DATED. 643
(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED 645
COMPLAINT, THE DIRECTOR SHALL CAUSE AN INVESTIGATION TO BE 647
CONDUCTED TO DETERMINE IF THE OWNER OR OPERATOR OF THE 648
CONCENTRATED ANIMAL FEEDING OPERATION IS COMPLYING WITH BEST 649
MANAGEMENT PRACTICES ESTABLISHED IN RULES. IF INFORMATION 650
OBTAINED DURING THE INVESTIGATION REASONABLY LEADS THE DIRECTOR 651
OR THE DIRECTOR'S DESIGNEE TO BELIEVE THAT THE SITUATION 652
COMPLAINED OF MAY INVOLVE A VIOLATION OF THE FEDERAL WATER 656
POLLUTION CONTROL ACT, THE DIRECTOR SHALL SO NOTIFY THE DIRECTOR 659
OF ENVIRONMENTAL PROTECTION.
(C)(1) IF, UPON COMPLETION OF THE INVESTIGATION, THE 662
DIRECTOR OF AGRICULTURE DETERMINES THAT THE OWNER OR OPERATOR IS 663
IN COMPLIANCE WITH BEST MANAGEMENT PRACTICES, THE DIRECTOR SHALL 664
DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND THE OWNER OR 665
OPERATOR OF THE DISMISSAL.
(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR 668
15
IS NOT IN COMPLIANCE, BOTH OF THE FOLLOWING APPLY: 669
(a) THE DIRECTOR SHALL ISSUE AN ORDER THAT DESCRIBES THE 672
DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE 673
OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE 674
TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE 675
DEFICIENCIES AND ATTAIN COMPLIANCE WITH BEST MANAGEMENT
PRACTICES. 676
(b) THE DIRECTOR MAY CONDUCT AN ADJUDICATION IN ACCORDANCE 678
WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE ISSUE OF 681
COMPLIANCE WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION 682
CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR 683
IS NOT IN COMPLIANCE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY 684
AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES. 685
(D) IF THE OWNER OR OPERATOR FAILS TO ATTAIN COMPLIANCE 688
WITHIN THE TIME PERIOD SPECIFIED IN THE ORDER, THE DIRECTOR SHALL 689
CONDUCT AN ADJUDICATION IN ACCORDANCE WITH CHAPTER 119. OF THE 691
REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH BEST 693
MANAGEMENT PRACTICES. IF THE ADJUDICATION CONFIRMS THE 694
DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN 695
COMPLIANCE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE 696
OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES.
Sec. 903.11. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED 698
NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A 699
CONCENTRATED ANIMAL FEEDING OPERATION, IT IS AN AFFIRMATIVE 700
DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE RESPONSIBLE 702
FOR THE CONCENTRATED ANIMAL FEEDING OPERATION IS IN COMPLIANCE 703
WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES AND THE
AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL 704
LAWS GOVERNING NUISANCES. 705
Sec. 903.12. PRIOR TO FILING A PRIVATE CIVIL ACTION FOR AN 708
ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT
A CONCENTRATED ANIMAL FEEDING OPERATION, THE PARTIES TO THE 710
DISPUTE SHALL SUBMIT THE DISPUTE TO A MEDIATOR FOR MEDIATION. 711
THE PARTIES SHALL PAY THE MEDIATOR A REASONABLE COMPENSATION 712
16
BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE RENDERED. THE 713
COST OF THE MEDIATOR'S SERVICES SHALL BE DIVIDED PROPORTIONATELY 714
AMONG THE PARTIES.
IF THE DECISION REACHED BY THE MEDIATOR IS NOT ACCEPTED BY 717
ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE A 718
CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN
SUBMITTED TO NONBINDING MEDIATION. THE DECISION OF THE MEDIATOR 719
IS NOT ADMISSIBLE INTO EVIDENCE AT TRIAL. 720
Sec. 903.13. WHENEVER THE DIRECTOR OF AGRICULTURE, OR THE 722
DIRECTOR'S DESIGNEE, HAS CAUSE TO BELIEVE THAT ANY PERSON HAS 723
VIOLATED, OR IS VIOLATING, DIVISION (A) OF SECTION 903.06 OR 725
DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE, THE DIRECTOR 728
OR THE DIRECTOR'S DESIGNEE MAY CONDUCT AN ADJUDICATION IN 729
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF 732
A VIOLATION HAS OCCURRED. IF THE DIRECTOR OR THE DIRECTOR'S 733
DESIGNEE DETERMINES THAT THE PERSON HAS VIOLATED OR IS VIOLATING 734
DIVISION (A) OF SECTION 903.06 OR DIVISION (C) OF SECTION 903.08 737
OF THE REVISED CODE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY 739
AGAINST THE PERSON.
A PERSON WHO HAS VIOLATED DIVISION (A) OF SECTION 903.06 OF 742
THE REVISED CODE SHALL PAY A CIVIL PENALTY OF NOT MORE THAN FIVE 745
THOUSAND DOLLARS FOR EACH VIOLATION. A PERSON WHO HAS VIOLATED 746
DIVISION (C) OF SECTION 903.08 OF THE REVISED CODE SHALL PAY, FOR 749
EACH VIOLATION, A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN 750
RULES. IN THE CASE OF A VIOLATION OF DIVISION (A) OF SECTION 752
903.06 OF THE REVISED CODE, EACH THIRTY-DAY PERIOD DURING WHICH 755
THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION. IN THE 756
CASE OF A VIOLATION OF DIVISION (C) OF SECTION 903.08 OF THE 758
REVISED CODE, EACH SEVEN-DAY PERIOD DURING WHICH THE VIOLATION 760
CONTINUES CONSTITUTES A SEPARATE VIOLATION. 761
Sec. 903.14. (A)(1) AS USED IN DIVISION (A) OF THIS 763
SECTION, "PERMIT" MEANS A PERMIT FOR THE INSTALLATION OF A 765
DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION ISSUED 766
UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE 767
17
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR A PERMIT ISSUED 768
UNDER SECTION 903.02 OF THE REVISED CODE. 769
(2) THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE WITH AN 771
ADJUDICATION CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE 773
REVISED CODE, MAY ISSUE, MODIFY, OR REVOKE ORDERS AND ASSESS 774
CIVIL PENALTIES TO ENSURE THAT THE OWNER OR OPERATOR OF A 775
CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT HAS BEEN 776
ISSUED COMPLIES WITH THE TERMS OF THE PERMIT, INCLUDING, BUT NOT 777
LIMITED TO, THE MANURE MANAGEMENT PLAN. THE AMOUNT OF THE CIVIL 778
PENALTIES SHALL BE ESTABLISHED IN RULES.
DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO 780
ENFORCEMENT OF REQUIREMENTS GOVERNING LIVESTOCK MANAGER 781
CERTIFICATION AND INSECT AND RODENT CONTROL PLANS. THOSE 782
REQUIREMENTS SHALL BE ENFORCED IN ACCORDANCE WITH SECTIONS 903.06 783
AND 903.08, RESPECTIVELY, AND SECTION 903.13 OF THE REVISED CODE. 784
(B) ON THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY 786
TO ENFORCE TERMS AND CONDITIONS OF PERMITS ISSUED PRIOR TO THE 787
EFFECTIVE DATE OF THIS SECTION UNDER DIVISION (J)(1) OF SECTION 789
6111.03 OF THE REVISED CODE FOR THE INSTALLATION OF DISPOSAL 791
SYSTEMS AT CONCENTRATED ANIMAL FEEDING OPERATIONS SHALL BE 792
TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE 793
DIRECTOR OF AGRICULTURE. ON AND AFTER THE EFFECTIVE DATE OF THIS 794
SECTION, THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO 795
AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THOSE PERMITS, 796
EXCEPT FOR ENFORCEMENT NECESSARY TO ENSURE COMPLIANCE WITH THE 798
FEDERAL WATER POLLUTION CONTROL ACT. 802
Sec. 903.15. (A) THERE IS HEREBY CREATED THE CONCENTRATED 805
ANIMAL FEEDING OPERATION ADVISORY COMMITTEE CONSISTING OF THE 806
DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL 807
RESOURCES, AND THE DEAN OF THE COLLEGE OF FOOD, AGRICULTURAL, AND 808
ENVIRONMENTAL SCIENCES OF THE OHIO STATE UNIVERSITY, OR THEIR 809
DESIGNEES, AS MEMBERS EX OFFICIO, AND SEVEN MEMBERS TO BE 811
APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE APPOINTED 812
MEMBERS, ONE SHALL REPRESENT THE INTERESTS OF POULTRY PRODUCERS, 813
18
ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS, ONE SHALL 814
REPRESENT THE INTERESTS OF DAIRY FARMERS, ONE SHALL REPRESENT THE 815
INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL REPRESENT THE 816
INTERESTS OF SHEEP PRODUCERS, AND TWO SHALL REPRESENT THE
INTERESTS OF THE PUBLIC. PRIOR TO MAKING AN APPOINTMENT OF A 818
MEMBER REPRESENTING THE INTERESTS OF POULTRY, SWINE, BEEF CATTLE, 819
OR SHEEP PRODUCERS OR DAIRY FARMERS, THE DIRECTOR SHALL SOLICIT 820
FROM THE APPROPRIATE STATEWIDE TRADE ASSOCIATIONS A LIST OF 821
SUGGESTED CANDIDATES TO REPRESENT THE INTERESTS OF THE SPECIES
CATEGORY ON THE COMMITTEE. 822
NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 825
SECTION, THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE COMMITTEE. 826
OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR TERMS ENDING ONE 827
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, TWO SHALL BE FOR 828
TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, 829
AND TWO SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE EFFECTIVE 830
DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE SHALL BE FOR 831
THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME 832
MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD 833
OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR 834
WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. 835
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL 836
APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING 837
PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S 838
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF 839
THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE 840
EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR 841
TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, 842
WHICHEVER OCCURS FIRST.
THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR A 845
MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE, PROVIDED 846
THAT NO MEETING SHALL BE HELD ON THE CALL OF THE CHAIRPERSON 847
UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS PROVIDED TO 848
ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING OF THE 849
19
COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF AGRICULTURE 850
SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE AS ITS 851
CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS VICE-CHAIRPERSON. A 852
MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE IS NECESSARY TO 853
TAKE ACTION ON ANY MATTER. A VACANCY ON THE COMMITTEE DOES NOT 854
IMPAIR THE RIGHT OF THE OTHER MEMBERS TO EXERCISE ALL OF THE 855
COMMITTEE'S POWERS.
SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT 857
CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT 858
UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR 859
REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR 860
POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER 861
NOTICE AND A PUBLIC HEARING, MAY REMOVE ANY APPOINTED MEMBER OF 862
THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN 863
OFFICE. 864
APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 866
COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE 867
COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY 868
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS 869
MEMBERS OF THE COMMITTEE. 870
(B) THE COMMITTEE MAY DO EITHER OR BOTH OF THE FOLLOWING: 873
(1) ADOPT, AMEND, AND RESCIND RULES OR PROCEDURES 875
GOVERNING THE CONDUCT OF ITS INTERNAL AFFAIRS; 876
(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE 878
DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, 879
AND DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS. 880
(C) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING: 883
(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE 885
ADMINISTRATION OF THIS CHAPTER; 886
(2) KEEP ABREAST OF ADVANCES IN MANURE MANAGEMENT 889
PRACTICES AND ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE, 890
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF THE RECENT 892
ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT
CONSTITUTES BEST MANAGEMENT PRACTICES; 893
20
(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, 895
PREPARE AND, UPON REQUEST, DISTRIBUTE WRITTEN MATERIALS DESIGNED 897
TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A NEW OR MODIFY AN 898
EXISTING CONCENTRATED ANIMAL FEEDING OPERATION IN APPLYING FOR A 899
PERMIT UNDER SECTION 903.02 OF THE REVISED CODE. THE MATERIALS 902
ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO
OBTAINING THAT PERMIT, IT MAY BE NECESSARY TO OBTAIN A PERMIT TO 904
DISCHARGE UNDER DIVISION (J) OF SECTION 6111.03 OF THE REVISED 906
CODE FOR THE DISCHARGE OF SANITARY SEWAGE, LIVESTOCK PRODUCT 907
PROCESSING WASTES, OR STORM WATER INTO THE WATERS OF THE STATE AS 908
WELL AS A GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF THE 910
REVISED CODE GOVERNING STORM WATER. IN ADDITION, THE WRITTEN 912
MATERIALS SHALL INCLUDE INFORMATION ON THE MEANING OF A "COMPLETE 913
APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON THE PUBLIC 915
HEARING PROCESS IN CONNECTION WITH THE RELEVANT PERMITS ISSUED 916
UNDER CHAPTER 6111. OF THE REVISED CODE, AND A SUMMARY OF THE 917
ANTIDEGRADATION POLICY ESTABLISHED UNDER SECTION 6111.12 OF THE 919
REVISED CODE TOGETHER WITH AN INDICATION OF THE POSSIBILITY THAT 920
THE OWNER'S OR OPERATOR'S PROPOSED NEW OR MODIFIED DISPOSAL 922
SYSTEM FOR MANURE OR DISCHARGES MAY BE SUBJECT TO THAT POLICY.
(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE 924
OF THIS SECTION, CONDUCT AN EXAMINATION OF THE SCIENTIFIC 925
APPROPRIATENESS OF THE DEFINITION OF "ANIMAL UNIT" IN SECTION 927
903.01 OF THE REVISED CODE AND PREPARE AND SUBMIT TO THE GENERAL
ASSEMBLY, THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, 928
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES THE COMMITTEE'S 929
FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES IN THAT 930
DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO REFLECT ON A MORE 932
SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES
AND TYPES OF CONCENTRATED ANIMAL FEEDING OPERATIONS. 933
(D) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 935
THE COMMITTEE.
Sec. 903.99. WHOEVER VIOLATES DIVISION (B) OF SECTION 938
903.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE 941
21
THIRD DEGREE ON A FIRST OFFENSE, A MISDEMEANOR OF THE SECOND 942
DEGREE ON A SECOND OFFENSE, AND A MISDEMEANOR OF THE FIRST DEGREE 943
ON A THIRD OR SUBSEQUENT OFFENSE. EACH TEN-DAY PERIOD THAT THE 944
OFFENSE CONTINUES CONSTITUTES A SEPARATE OFFENSE. 945
Sec. 1521.01. As used in sections 1521.01 to 1521.05 and 954
1521.13 to 1521.18 1521.19 of the Revised Code: 955
(A) "Consumptive use," "diversion," "Lake Erie drainage 957
basin," "other great lakes states and provinces," "water 958
resources," and "waters of the state" have the same meanings as 959
in section 1501.30 of the Revised Code. 960
(B) "Well" means any excavation, regardless of design or 962
method of construction, created for any of the following 963
purposes: 964
(1) Removing ground water from or recharging water into an 966
aquifer, excluding subsurface drainage systems installed to 967
enhance agricultural crop production or urban or suburban 968
landscape management or to control seepage in dams, dikes, and 969
levees; 970
(2) Determining the quantity, quality, level, or movement 972
of ground water in or the stratigraphy of an aquifer, excluding 973
borings for instrumentation in dams, dikes, levees, or highway 974
embankments; 975
(3) Removing or exchanging heat from ground water, 977
excluding horizontal trenches that are installed for water source 978
heat pump systems. 979
(C) "Aquifer" means a consolidated or unconsolidated 981
geologic formation or series of formations that are hydraulically 982
interconnected and that have the ability to receive, store, or 983
transmit water. 984
(D) "Ground water" means all water occurring in an 986
aquifer. 987
(E) "Ground water stress area" means a definable 989
geographic area in which ground water quantity is being affected 990
by human activity or natural forces to the extent that continuous 991
22
availability of supply is jeopardized by withdrawals. 992
(F) "Person" has the same meaning as in section 1.59 of 994
the Revised Code and also includes the United States, the state, 995
any political subdivision of the state, and any department, 996
division, board, commission, agency, or instrumentality of the 997
United States, the state, or a political subdivision of the 998
state. 999
(G) "State agency" or "agency of the state" has the same 1,001
meaning as "agency" in section 111.15 of the Revised Code. 1,002
(H) "Development" means any artificial change to improved 1,005
or unimproved real estate, including the construction of 1,006
buildings and other structures, any substantial improvement of a 1,007
structure, and mining, dredging, filling, grading, paving, 1,008
excavating, and drilling operations. 1,009
(I) "Floodplain" means the area adjoining any river, 1,011
stream, watercourse, or lake that has been or may be covered by 1,012
flood water. 1,013
(J) "Floodplain management" means the implementation of an 1,015
overall program of corrective and preventive measures for 1,016
reducing flood damage, including the collection and dissemination 1,017
of flood information, construction of flood control works, 1,018
nonstructural flood damage reduction techniques, and adoption of 1,019
rules, ordinances, or resolutions governing development in 1,020
floodplains. 1,021
(K) "One-hundred-year flood" means a flood having a one 1,023
per cent chance of being equaled or exceeded in any given year. 1,024
(L) "One-hundred-year floodplain" means that portion of a 1,026
floodplain inundated by a one-hundred-year flood. 1,027
(M) "Structure" means a walled and roofed building, 1,029
including, without limitation, gas or liquid storage tanks, 1,030
mobile homes, and manufactured homes. 1,031
(N) "Substantial improvement" means any reconstruction, 1,033
rehabilitation, addition, or other improvement of a structure, 1,034
the cost of which equals or exceeds fifty per cent of the market 1,035
23
value of the structure before the start of construction of the 1,036
improvement. "Substantial improvement" includes repairs to 1,037
structures that have incurred substantial damage regardless of 1,038
the actual repair work performed. "Substantial improvement" does 1,039
not include either of the following: 1,040
(1) Any project for the improvement of a structure to 1,042
correct existing violations of state or local health, sanitary, 1,043
or safety code specifications that have been identified by the 1,044
state or local code enforcement official having jurisdiction and 1,045
that are the minimum necessary to ensure safe living conditions; 1,046
(2) Any alteration of an historic structure designated or 1,048
listed pursuant to federal or state law, provided that the 1,049
alteration will not preclude the structure's continued listing or 1,050
designation as an historic structure. 1,051
Sec. 1521.19. (A) AS USED IN THIS SECTION: 1,053
(1) "CONCENTRATED ANIMAL FEEDING OPERATION" HAS THE SAME 1,055
MEANING AS IN SECTION 903.01 OF THE REVISED CODE. 1,058
(2) "POTENTIOMETRIC SURFACE" MEANS AN IMAGINARY SURFACE 1,060
REPRESENTING THE TOTAL HEAD OF GROUND WATER WITHIN AN AQUIFER AND 1,061
DEFINED BY THE LEVEL TO WHICH WATER WILL RISE IN CASED WELLS. 1,063
(3) "STATIC GROUND WATER LEVEL" MEANS THE DISTANCE FROM 1,065
THE GROUND SURFACE TO THE GROUND WATER LEVEL WITHIN A WELL THAT 1,066
IS NOT BEING AFFECTED BY PUMPING. 1,067
(4) "RADIUS OF INFLUENCE" MEANS THE AREA SURROUNDING THE 1,069
PROPOSED GROUND WATER WITHDRAWAL WELLS OF A PROPOSED NEW 1,070
CONCENTRATED ANIMAL FEEDING OPERATION WITHIN WHICH STATIC GROUND 1,072
WATER LEVELS OF EXISTING WELLS MAY BE AFFECTED BY THE PROPOSED 1,073
WELLS' WITHDRAWAL OF GROUND WATER.
(B) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER 1,076
THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OR OPERATOR OF A 1,077
PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION THAT WOULD 1,078
HAVE A GROUND WATER WITHDRAWAL CAPACITY GREATER THAN ONE HUNDRED 1,079
THOUSAND GALLONS PER DAY WHO HAS APPLIED FOR A PERMIT FOR THE 1,080
PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION UNDER SECTION 1,081
24
903.02 OF THE REVISED CODE SHALL SUBMIT TO THE CHIEF OF THE 1,085
DIVISION OF WATER FOR APPROVAL A WORK PLAN FOR COMPLETING A 1,086
HYDROGEOLOGIC REPORT. THE WORK PLAN SHALL INCLUDE ALL OF THE 1,087
FOLLOWING INFORMATION:
(1) THE RADIUS OF INFLUENCE WITHIN WHICH STATIC GROUND 1,090
WATER LEVELS OF EXISTING WELLS WILL BE MEASURED. IN DETERMINING 1,091
THE RADIUS OF INFLUENCE, THE WORK PLAN SHALL TAKE INTO ACCOUNT 1,092
THE GEOLOGY OF THE SITE, THE LOCATION AND PROXIMITY OF 1,093
SURROUNDING WELLS, KNOWN PHYSICAL PROPERTIES OF THE AQUIFERS
INVOLVED, THE PUMPING RATE OF THE PROPOSED GROUND WATER 1,094
WITHDRAWAL WELLS, AND ANY OTHER FACTORS THAT THE CHIEF CONSIDERS 1,095
IMPORTANT. 1,096
(2) A LIST OF THE ENTITIES THAT HAVE A CAPACITY TO 1,098
WITHDRAW MORE THAN ONE HUNDRED THOUSAND GALLONS PER DAY OF GROUND 1,100
WATER WITHIN THE RADIUS OF INFLUENCE;
(3) THE TYPE AND SCALE OF THE TOPOGRAPHIC MAPS TO BE 1,102
SUBMITTED IN THE HYDROGEOLOGIC REPORT; 1,103
(4) A DESCRIPTION OF THE GENERAL GEOGRAPHIC DISTRIBUTION 1,105
OF WELLS WITHIN THE RADIUS OF INFLUENCE THAT SHOULD HAVE THE 1,106
STATIC GROUND WATER LEVELS MEASURED AND THE METHODOLOGY USED TO 1,107
DETERMINE THE DISTRIBUTION; 1,108
(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS 1,110
NECESSARY. 1,111
THE CHIEF SHALL REVIEW AND EITHER APPROVE THE WORK PLAN OR 1,113
RETURN IT WITH A DESCRIPTION OF ITS DEFICIENCIES TO THE OWNER OR 1,114
OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING 1,115
OPERATION NOT LATER THAN FOURTEEN DAYS AFTER ITS RECEIPT. IF THE 1,117
CHIEF RETURNS THE WORK PLAN, THE OWNER OR OPERATOR OF THE
PROPOSED NEW CONCENTRATED ANIMAL FEEDING OPERATION SHALL REVISE 1,119
AND RESUBMIT THE WORK PLAN AND OBTAIN THE CHIEF'S APPROVAL BEFORE 1,120
PROCEEDING WITH THE HYDROGEOLOGIC REPORT REQUIRED UNDER DIVISION 1,121
(C) OF THIS SECTION. IN THE SOLE DISCRETION OF THE CHIEF OR THE 1,122
CHIEF'S REPRESENTATIVE, THE CHIEF OR THE CHIEF'S REPRESENTATIVE 1,123
MAY ASSIST, AT THE REQUEST OF THE OWNER OR OPERATOR, THE OWNER OR 1,124
25
OPERATOR WITH THE DESIGN AND IMPLEMENTATION OF THE WORK PLAN. 1,126
PRIOR TO SUBMITTING THE HYDROGEOLOGIC REPORT, THE OWNER OR 1,128
OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL FEEDING 1,129
OPERATION SHALL MAKE A GOOD FAITH EFFORT TO MEASURE THE STATIC 1,130
GROUND WATER LEVELS OF WELLS WITHIN THE RADIUS OF INFLUENCE IN 1,132
ACCORDANCE WITH THE APPROVED WORK PLAN. THE CHIEF SHALL 1,133
DETERMINE WHAT CONSTITUTES A GOOD FAITH EFFORT. 1,134
(C) BASED ON THE INFORMATION IN THE APPROVED WORK PLAN, 1,137
THE OWNER OR OPERATOR OF THE PROPOSED NEW CONCENTRATED ANIMAL 1,138
FEEDING OPERATION SHALL PREPARE AND SUBMIT TO THE CHIEF FOR 1,139
REVIEW A HYDROGEOLOGIC REPORT. THE REPORT SHALL INCLUDE ALL OF 1,140
THE FOLLOWING:
(1) TOPOGRAPHIC MAPS SHOWING THE LOCATION AND 1,142
IDENTIFICATION NUMBER OF THE WELLS WITHIN THE RADIUS OF INFLUENCE 1,144
THAT ARE PHYSICALLY ACCESSIBLE OR IN WHICH STATIC GROUND WATER 1,145
LEVELS HAVE BEEN MEASURED;
(2) IN THE CASE OF WELLS WITHIN THE RADIUS OF INFLUENCE IN 1,148
WHICH STATIC GROUND WATER LEVELS HAVE BEEN MEASURED, STATIC 1,149
GROUND WATER LEVEL DATA IN A TABULAR FORM, INCLUDING, WITHOUT 1,150
LIMITATION, THE DATE AND TIME OF THE STATIC GROUND WATER LEVEL 1,151
MEASUREMENT, THE ADDRESS AT WHICH THE WELL IS LOCATED, THE WELL 1,152
IDENTIFICATION NUMBER, AND THE STATIC GROUND WATER LEVEL
MEASUREMENT IN THE WELL; 1,153
(3) A POTENTIOMETRIC SURFACE MAP OF THE AREA WITHIN THE 1,155
RADIUS OF INFLUENCE THAT HAS BEEN CONSTRUCTED USING THE STATIC 1,156
GROUND WATER LEVEL MEASUREMENTS; 1,157
(4) A BRIEF DESCRIPTION OF THE CHARACTERISTICS OF AQUIFERS 1,160
THAT ARE LIKELY TO BE IMPACTED BY THE PROPOSED NEW CONCENTRATED 1,161
ANIMAL FEEDING OPERATION'S WITHDRAWAL OF GROUND WATER; 1,162
(5) ANY OTHER INFORMATION THAT THE CHIEF CONSIDERS 1,164
NECESSARY. 1,165
THE CHIEF SHALL REVIEW AND EITHER APPROVE THE HYDROGEOLOGIC 1,167
REPORT OR RETURN IT WITH A DESCRIPTION OF ITS DEFICIENCIES NOT 1,169
LATER THAN FOURTEEN DAYS AFTER ITS RECEIPT. IF THE CHIEF RETURNS 1,170
26
THE REPORT, THE OWNER OR OPERATOR OF THE PROPOSED NEW 1,171
CONCENTRATED ANIMAL FEEDING OPERATION SHALL REVISE AND RESUBMIT 1,172
THE REPORT. UPON APPROVING A HYDROGEOLOGIC REPORT FOR A PROPOSED 1,173
NEW CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT IS 1,174
REQUIRED UNDER SECTION 903.02 OF THE REVISED CODE, THE CHIEF 1,177
SHALL NOTIFY THE DIRECTOR OF AGRICULTURE OF THE APPROVAL IN 1,178
WRITING. THE REPORT SHALL BE CONSIDERED THE FINAL HYDROGEOLOGIC 1,179
REPORT UPON ITS APPROVAL BY THE CHIEF. 1,180
(D) THE CHIEF MAY ADOPT, AMEND, AND RESCIND RULES IN 1,183
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ARE 1,185
NECESSARY FOR IMPLEMENTATION OF THIS SECTION. 1,186
Sec. 5516.061. No advertising device shall be erected 1,195
outside of urban areas between six hundred sixty feet and three 1,196
thousand feet of the right-of-way of the main traveled way of a 1,197
highway on the interstate or primary system if such THE device 1,198
would be visible from such THE main traveled way, except the 1,200
following:
(A) Directional and official signs and notices that 1,203
conform to rules adopted by the director of transportation; 1,205
(B) Signs advertising the sale or lease of the property 1,207
upon which they are located; 1,208
(C) Advertising devices indicating the name of the 1,210
business, activities, or profession conducted on such THE 1,211
property or that identify the goods produced, GOODS sold, or 1,212
services rendered on such THE property and that conform to rules 1,213
adopted by the director; 1,214
(D) Signs lawfully in existence on October 22, 1965, that 1,216
the director, subject to the approval of the secretary of the 1,217
United States department of transportation, has determined to be 1,218
landmark signs, including signs on farm structures or natural 1,219
surfaces, which THAT are of historic or artistic significance; 1,221
(E) SIGNS THAT ADVISE THE PUBLIC THAT AGRICULTURAL 1,223
ACTIVITIES OCCUR ON THE PROPERTY WHERE THE SIGN IS LOCATED. 1,224
Any advertising device lawfully in existence prior to 1,226
27
November 28, 1975, or lawfully on any highway made a part of the 1,228
interstate or primary system on or after that date, the erection 1,229
of which would be illegal under this section, is nonconforming, 1,230
and may be maintained subject to the permit provisions of section 1,231
5516.10 of the Revised Code.
As used in this section, "urban area" means an urbanized 1,233
area or an urban place as designated by the bureau of the census 1,234
having a population of five thousand or more, and within 1,235
boundaries approved by the United States secretary of 1,237
transportation.
Sec. 6111.03. The director of environmental protection may 1,247
do any of the following:
(A) Develop plans and programs for the prevention, 1,249
control, and abatement of new or existing pollution of the waters 1,250
of the state; 1,251
(B) Advise, consult, and cooperate with other agencies of 1,253
the state, the federal government, other states, and interstate 1,254
agencies and with affected groups, political subdivisions, and 1,255
industries in furtherance of the purposes of this chapter. 1,256
Before adopting, amending, or rescinding a standard or rule 1,257
pursuant to division (G) of this section or section 6111.041 or 1,259
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that he THE 1,261
DIRECTOR determines represents persons who would be affected by 1,262
the proposed standard or rule, amendment thereto, or rescission 1,263
thereof at least thirty-five days before any public hearing 1,264
thereon;
(2) Mail a copy of each proposed standard or rule, 1,266
amendment thereto, or rescission thereof to any person who 1,267
requests a copy, within five days after receipt of the request 1,268
therefor;
(3) Consult with appropriate state and local government 1,270
agencies or their representatives, including statewide 1,271
28
organizations of local government officials, industrial 1,272
representatives, and other interested persons. 1,273
Although the director is expected to diligently discharge 1,275
these duties DILIGENTLY, failure to mail any such notice or copy 1,276
or to so consult with any person shall not invalidate any 1,278
proceeding or action of the director. 1,279
(C) Administer grants from the federal government and from 1,281
other sources, public or private, for carrying out any of its 1,282
functions, all such moneys to be deposited in the state treasury 1,283
and kept by the treasurer of state in a separate fund subject to 1,284
the lawful orders of the director; 1,285
(D) Administer state grants for the construction of sewage 1,287
and waste collection and treatment works; 1,288
(E) Encourage, participate in, or conduct studies, 1,290
investigations, research, and demonstrations relating to water 1,291
pollution, and the causes, prevention, control, and abatement 1,292
thereof, as is ARE advisable and necessary for the discharge of 1,293
his THE DIRECTOR'S duties under this chapter; 1,295
(F) Collect and disseminate information relating to water 1,297
pollution and prevention, control, and abatement thereof; 1,298
(G) Adopt, amend, and rescind rules in accordance with 1,300
Chapter 119. of the Revised Code governing the procedure for 1,301
hearings, the filing of reports, the issuance of permits, the 1,302
issuance of industrial water pollution control certificates, and 1,303
all other matters relating to procedure; 1,304
(H) Issue, modify, or revoke orders to prevent, control, 1,306
or abate water pollution as follows: 1,307
(1) Prohibiting or abating discharges of sewage, 1,309
industrial waste, or other wastes into the waters of the state; 1,310
(2) Requiring the construction of new disposal systems or 1,312
any parts thereof, or the modification, extension, or alteration 1,313
of existing disposal systems or any parts thereof; 1,314
(3) Prohibiting additional connections to or extensions of 1,316
a sewerage system when the connections or extensions would result 1,318
29
in an increase in the polluting properties of the effluent from 1,319
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 1,321
under section 6111.041 or 6111.042 of the Revised Code, or term 1,322
or condition of a permit. 1,323
In the making of those orders, wherever compliance with a 1,325
rule adopted under section 6111.042 of the Revised Code is not 1,326
involved, consistent with the "Federal Water Pollution Control 1,327
Act," the director shall give consideration to, and base his THE 1,329
determination on, evidence relating to the technical feasibility 1,330
and economic reasonableness of complying with those orders and to 1,331
evidence relating to conditions calculated to result from 1,332
compliance with those orders, and their relation to benefits to 1,333
the people of the state to be derived from such compliance in 1,334
accomplishing the purposes of this chapter. 1,335
(I) Review plans, specifications, or other data relative 1,337
to disposal systems or any part thereof in connection with the 1,338
issuance of orders, permits, and industrial water pollution 1,339
control certificates under this chapter; 1,340
(J)(1) Issue, revoke, modify, or deny permits for the 1,342
discharge of sewage, industrial waste, or other wastes into the 1,343
waters of the state, and for the installation or modification of 1,344
disposal systems or any parts thereof in compliance with all 1,345
requirements of the "Federal Water Pollution Control Act" and 1,346
mandatory regulations adopted thereunder, and set terms and 1,347
conditions of permits, including schedules of compliance, where 1,348
necessary. The OWNER OR OPERATOR OF A CONCENTRATED ANIMAL 1,350
FEEDING OPERATION THAT IS SUBJECT TO CHAPTER 903. OF THE REVISED 1,353
CODE IS NOT REQUIRED TO OBTAIN AN INSTALLATION PERMIT UNDER 1,355
DIVISION (J)(1) OF THIS SECTION, BUT MAY BE REQUIRED BY THE 1,357
DIRECTOR TO OBTAIN A PERMIT FOR THE DISCHARGE OF SEWAGE, 1,358
INDUSTRIAL WASTE, OR OTHER WASTE OR TO COMPLY WITH THE
REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER SECTION 6111.035 OF 1,360
THE REVISED CODE, AS APPLICABLE. 1,361
30
ANY PERMIT terms and conditions SET BY THE DIRECTOR shall 1,364
be designed to achieve and maintain full compliance with the 1,365
national effluent limitations, national standards of performance 1,366
for new sources, and national toxic and pretreatment effluent 1,367
standards set under that act, and any other mandatory 1,368
requirements of that act that are imposed by regulation of the 1,369
administrator of the United States environmental protection 1,370
agency. An application for a permit or renewal thereof shall be 1,371
denied if any of the following applies:
(1)(a) The secretary of the army determines in writing 1,373
that anchorage or navigation would be substantially impaired 1,374
thereby;
(2)(b) The director determines that the proposed discharge 1,376
or source would conflict with an area wide AREAWIDE waste 1,377
treatment management plan adopted in accordance with section 208 1,378
of the "Federal Water Pollution Control Act"; 1,379
(3)(c) The administrator of the United States 1,381
environmental protection agency objects in writing to the 1,382
issuance or renewal of the permit in accordance with section 402 1,383
(d) of the "Federal Water Pollution Control Act"; 1,384
(4)(d) The application is for the discharge of any 1,386
radiological, chemical, or biological warfare agent, or 1,387
high-level radioactive waste into the waters of the United 1,388
States. 1,389
(2) To achieve and maintain applicable standards of 1,391
quality for the waters of the state adopted pursuant to section 1,392
6111.041 of the Revised Code, the director shall impose, where 1,393
necessary and appropriate, as conditions of each permit, water 1,394
quality related effluent limitations in accordance with sections 1,395
301, 302, 306, and 307 of the "Federal Water Pollution Control 1,396
Act" and, to the extent consistent with that act, shall give 1,397
consideration to, and base his THE determination on, evidence 1,398
relating to the technical feasibility and economic reasonableness 1,399
of removing the polluting properties from those wastes and to 1,400
31
evidence relating to conditions calculated to result from that 1,401
action and their relation to benefits to the people of the state 1,402
and to accomplishment of the purposes of this chapter. 1,403
(3) Where a discharge having a thermal component from a 1,405
source that is constructed or modified on or after October 18, 1,406
1972, meets national or state effluent limitations or more 1,407
stringent permit conditions designed to achieve and maintain 1,408
compliance with applicable standards of quality for the waters of 1,409
the state, which limitations or conditions will ensure protection 1,410
and propagation of a balanced, indigenous population of 1,411
shellfish, fish, and wildlife in or on the body of water into 1,412
which the discharge is made, taking into account the interaction 1,413
of the thermal component with sewage, industrial waste, or other 1,414
wastes, the director shall not impose any more stringent 1,415
limitation on the thermal component of the discharge, as a 1,416
condition of a permit or renewal thereof for the discharge, 1,417
during a ten-year period beginning on the date of completion of 1,418
the construction or modification of the source, or during the 1,419
period of depreciation or amortization of the source for the 1,420
purpose of section 167 or 169 of the Internal Revenue Code of 1,421
1954, whichever period ends first. 1,422
(4) The director shall specify in permits for the 1,424
discharge of sewage, industrial waste, and other wastes, the net 1,425
volume, net weight, duration, frequency, and, where necessary, 1,426
concentration of the sewage, industrial waste, and other wastes 1,427
that may be discharged into the waters of the state. The 1,428
director shall specify in those permits that the permit is 1,429
conditioned upon payment of applicable fees as required by 1,430
section 3745.11 of the Revised Code and upon the right of his THE 1,431
DIRECTOR'S authorized representatives to enter upon the premises 1,432
of the person to whom the permit has been issued for the purpose 1,433
of determining compliance with this chapter, rules adopted 1,434
thereunder, or the terms and conditions of a permit, order, or 1,435
other determination. The director shall issue or deny an 1,436
32
application for a permit for a new discharge, for the 1,437
installation or modification of a disposal system, or for renewal 1,438
of a permit, within one hundred eighty days of the date on which 1,439
he receives a complete application with all plans,
specifications, construction schedules, and other pertinent 1,440
information required by the director IS RECEIVED. The 1,441
(5) THE director may condition permits upon the 1,444
installation of discharge or water quality monitoring equipment 1,445
or devices and the filing of such periodic reports on the amounts 1,446
and contents of discharges and the quality of receiving waters as 1,447
THAT the director prescribes. The director shall condition each 1,449
permit for a government-owned disposal system or any other 1,450
publicly owned "treatment works" as defined in the "Federal Water 1,451
Pollution Control Act" upon the reporting of new introductions of 1,452
industrial waste or other wastes and substantial changes in 1,453
volume or character thereof being introduced into those systems 1,454
or works from "industrial users" as defined in section 502 of 1,455
that act, as necessary to comply with section 402(b)(8) of that 1,456
act; upon the identification of the character and volume of 1,457
pollutants subject to pretreatment standards being introduced 1,458
into the system or works; and upon the existence of a program to 1,459
ensure compliance with pretreatment standards by "industrial 1,460
users" of the system or works. In requiring monitoring devices 1,461
and reports, the director, to the extent consistent with the 1,462
"Federal Water Pollution Control Act," shall give consideration 1,464
to technical feasibility and economic reasonableness and shall 1,465
allow reasonable time for compliance. A
(6) A permit may be issued for a period not to exceed five 1,468
years, and may be renewed upon application for renewal and upon a 1,469
finding by the director that the permit holder is making 1,470
satisfactory progress toward the achievement of all applicable 1,471
standards and has complied with the terms and conditions of the 1,472
existing permit. A permit may be modified, suspended, or revoked 1,473
for cause, including, but not limited to, violation of any 1,474
33
condition of the permit, obtaining a permit by misrepresentation 1,475
or failure to disclose fully all relevant facts, or changes in 1,476
any condition that requires either a temporary or permanent 1,477
reduction or elimination of the permitted discharge. No 1,478
application shall be denied or permit revoked or modified without 1,479
a written order stating the findings upon which the denial, 1,480
revocation, or modification is based. A copy of the order shall 1,481
be sent to the applicant or permit holder by certified mail. 1,482
(K) Institute or cause to be instituted in any court of 1,484
competent jurisdiction proceedings to compel compliance with this 1,486
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, and 1,487
308 of the "Federal Water Pollution Control Act"; 1,488
(L) Issue, deny, revoke, or modify industrial water 1,490
pollution control certificates; 1,491
(M) Certify to the government of the United States or any 1,493
agency thereof that an industrial water pollution control 1,494
facility is in conformity with the state program or requirements 1,495
for control of water pollution whenever the certification may be 1,496
required for a taxpayer under the Internal Revenue Code of the 1,497
United States, as amended; 1,498
(N) Issue, modify, and revoke orders requiring any 1,500
"industrial user" of any publicly owned "treatment works" as 1,501
defined in sections 212(2) and 502(18) of the "Federal Water 1,502
Pollution Control Act" to comply with pretreatment standards; 1,503
establish and maintain records; make reports; install, use, and 1,504
maintain monitoring equipment or methods, including, where 1,505
appropriate, biological monitoring methods; sample discharges in 1,506
accordance with such THE methods, at such THE locations, at such 1,508
THE intervals, and in such THE manner as THAT the director 1,510
determines; and provide such other information as THAT is 1,511
necessary to ascertain whether or not there is compliance with 1,513
toxic and pretreatment effluent standards. In issuing, 1,514
modifying, and revoking those orders, the director, to the extent 1,515
34
consistent with the "Federal Water Pollution Control Act," shall 1,516
give consideration to technical feasibility and economic 1,517
reasonableness and shall allow reasonable time for compliance. 1,518
(O) Exercise all incidental powers necessary to carry out 1,520
the purposes of this chapter; 1,521
(P) Certify or deny certification to any applicant for a 1,523
federal license or permit to conduct any activity that may result 1,525
in any discharge into the waters of the state that the discharge 1,526
will comply with the "Federal Water Pollution Control Act"; 1,527
(Q) Administer and enforce the publicly owned treatment 1,529
works pretreatment program in accordance with the "Federal Water 1,530
Pollution Control Act." In the administration of that program, 1,531
the director may do any of the following: 1,533
(1) Apply and enforce pretreatment standards; 1,535
(2) Approve and deny requests for approval of publicly 1,537
owned treatment works pretreatment programs, oversee those 1,538
programs, and implement, in whole or in part, those programs 1,539
under any of the following conditions: 1,540
(a) The director has denied a request for approval of the 1,542
publicly owned treatment works pretreatment program; 1,543
(b) The director has revoked the publicly owned treatment 1,545
works pretreatment program; 1,546
(c) There is no pretreatment program currently being 1,548
implemented by the publicly owned treatment works; 1,549
(d) The publicly owned treatment works has requested the 1,551
director to implement, in whole or in part, the pretreatment 1,552
program. 1,553
(3) Require that a publicly owned treatment works 1,555
pretreatment program be incorporated in a permit issued to a 1,556
publicly owned treatment works as required by the "Federal Water 1,557
Pollution Control Act," require compliance by publicly owned 1,558
treatment works with those programs, and require compliance by 1,559
industrial users with pretreatment standards; 1,560
(4) Approve and deny requests for authority to modify 1,562
35
categorical pretreatment standards to reflect removal of 1,563
pollutants achieved by publicly owned treatment works; 1,564
(5) Deny and recommend approval of requests for 1,566
fundamentally different factors variances submitted by industrial 1,567
users; 1,568
(6) Make determinations on categorization of industrial 1,570
users; 1,571
(7) Adopt, amend, or rescind rules and issue, modify, or 1,573
revoke orders necessary for the administration and enforcement of 1,574
the publicly owned treatment works pretreatment program. 1,575
Any approval of a publicly owned treatment works 1,577
pretreatment program may contain any terms and conditions, 1,578
including schedules of compliance, that are necessary to achieve 1,579
compliance with this chapter. 1,580
(R) Except as otherwise provied PROVIDED in this division, 1,582
adopt rules in accordance with Chapter 119. of the Revised Code 1,585
establishing procedures, methods, and equipment and other 1,586
requirements for equipment to prevent and contain discharges of 1,587
oil and hazardous substances into the waters of the state. The 1,588
rules shall be consistent with and equivalent in scope, content, 1,589
and coverage to section 311(j)(1)(c) of the "Federal Water 1,590
Pollution Control Act" and regulations adopted under it. The 1,591
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 1,592
and workover facilities as those terms are defined in that act 1,593
and regulations adopted under it. 1,594
This chapter authorizes the state to participate in the 1,596
national pollutant discharge elimination system, to administer 1,597
and enforce the publicly owned treatment works pretreatment 1,598
program, and to issue permits for the discharge of dredged or 1,599
fill materials, in accordance with the "Federal Water Pollution 1,600
Control Act." This chapter shall be administered, consistent 1,601
with the laws of this state and federal law, in the same manner 1,602
that the "Federal Water Pollution Control Act" is required to be 1,603
36
administered. 1,604
This section does not apply to animal waste treatment or 1,606
disposal works SYSTEMS and related management and conservation 1,607
practices subject to rules adopted pursuant to division (E)(4) of 1,609
section 1511.02 of the Revised Code and involving less than one 1,610
thousand animal units, as "animal units" is defined in the United 1,611
States environmental protection agency regulations SECTION 903.01 1,613
OF THE REVISED CODE. This exclusion does not apply to animal 1,615
waste treatment works DISPOSAL SYSTEMS having a controlled direct 1,617
discharge to the waters of the state or to the discharge of
animal waste into a publicly owned treatment works. 1,618
Sec. 6111.04. No person shall cause pollution or place or 1,627
cause to be placed any sewage, industrial waste, or other wastes 1,628
in a location where they cause pollution of any waters of the 1,629
state, and any. ANY such action is hereby declared to be a 1,631
public nuisance, except in such cases where the director of 1,632
environmental protection has issued a valid and unexpired permit, 1,633
or renewal thereof, as provided in sections 6111.01 to 6111.08 of 1,634
the Revised Code, or an application for renewal is pending. 1,635
No person to whom a permit has been issued shall place or 1,637
discharge, or cause to be placed or discharged, in any waters of 1,638
the state any sewage, industrial waste, or other wastes in excess 1,639
of the permissive discharges specified under such THE existing 1,640
permit without first receiving a permit from the director to do 1,642
so.
No person who is discharging or causing the discharge of 1,644
any sewage, industrial waste, or other wastes into the waters of 1,645
the state shall continue or cause the continuance of such THE 1,646
discharge, without first obtaining a permit therefore THEREFOR 1,647
issued by the director. The director shall prescribe by rule a 1,648
reasonable filing period within which applications may be filed 1,649
to obtain permits for existing discharges that have not been 1,650
authorized by A permit. 1,651
The director may require the submission of such plans, 1,653
37
specifications, and other information as he deems THAT THE 1,654
DIRECTOR CONSIDERS relevant in connection with the issuance of 1,655
permits.
This section does not apply to ANY OF THE FOLLOWING: 1,657
(A) Waters used in washing sand, gravel, other aggregates, 1,659
or mineral products, when such THE washing and the ultimate 1,661
disposal of the water used in such THE washing, including any 1,662
sewage, industrial waste, or other wastes contained in such THE 1,663
waters, are entirely confined to the land under the control of 1,665
the person engaged in the recovery and processing of such THE 1,666
sand, gravel, other aggregates, or mineral products, and do not 1,667
result in the pollution of waters of the state; 1,668
(B) Water, gas, or other material injected into a well to 1,670
facilitate, or which THAT is incidental to, the production of 1,671
oil, gas, artificial brine, or water derived in association with 1,673
oil or gas production and disposed of in a well, in compliance 1,674
with a permit issued under Chapter 1509. of the Revised Code, or 1,675
sewage, industrial waste, or other wastes injected into a well in 1,676
compliance with an injection well operating permit. This 1,677
division does not authorize, without a permit, any discharge that 1,678
is prohibited by, or for which a permit is required by, 1,679
regulation of the United States environmental protection agency. 1,680
(C) Application of any materials to land for agricultural 1,682
purposes or runoff of such THOSE materials from such THAT 1,684
application or pollution by animal waste or soil sediment, 1,685
including attached substances, resulting from farming, 1,686
silvicultural, or earthmoving activities regulated by Chapter 1,687
307. or 1515. of the Revised Code. This division does not 1,688
authorize, without a permit, any discharge from a treatment works 1,689
for treating animal wastes having a controlled direct discharge 1,690
into the waters of the state, or any discharge that is prohibited 1,691
by, or for which a permit is required by, regulation of the 1,692
United States environmental protection agency. 1,693
(D) The excrement of domestic and farm animals defecated 1,695
38
on land or runoff therefrom into any waters of the state. This 1,696
division does not authorize, without a permit, any discharge that 1,697
is prohibited by, or for which a permit is required by, SECTION 1,698
6111.03 OF THE REVISED CODE OR regulation of the United States 1,700
environmental protection agency.
(E) The discharge of sewage, industrial waste, or other 1,702
wastes into a sewerage system tributary to a treatment works. 1,703
This division does not authorize any discharge into a publicly 1,704
owned treatment works in violation of a pretreatment program 1,705
applicable to such THE publicly owned treatment works. 1,706
(F) Septic tanks or any other disposal systems for the 1,708
disposal or treatment of sewage from single-family, two-family, 1,709
or three-family dwellings in compliance with the sanitary code 1,710
and section 1541.21 or 3707.01 of the Revised Code. This 1,711
division does not authorize, without a permit, any discharge that 1,712
is prohibited by, or for which a permit is required by, 1,713
regulation of the United States environmental protection agency. 1,714
The holder of a permit issued under section 402 (a) of the 1,716
"Federal Water Pollution Control Act" need not obtain a permit 1,717
for a discharge authorized by such THAT permit until its 1,718
expiration date. The director of environmental protection shall 1,720
administer and enforce such permits within this state, and may 1,721
modify the terms and conditions thereof in accordance with 1,722
division (J) of section 6111.03 of the Revised Code. 1,723
Sec. 6111.44. (A) Except as otherwise provided in 1,732
DIVISION (B) OF THIS SECTION, IN section 6111.14 of the Revised 1,734
Code, or in rules adopted under division (G) of section 6111.03 1,735
of the Revised Code, no municipal corporation, county, public 1,736
institution, corporation, or officer or employee thereof, or 1,737
other person shall provide or install sewerage or treatment works 1,738
for sewage disposal, or make a change in any sewerage or sewage 1,739
treatment works until the plans therefor have been submitted to 1,740
and approved by the director of environmental protection. 1,741
Sections 6111.44 to 6111.46 of the Revised Code apply to sewerage 1,742
39
and treatment works for sewage of a municipal corporation or part 1,743
thereof, an unincorporated community, a county sewer district, or 1,744
other land outside of a municipal corporation or any publicly or 1,745
privately owned building or group of buildings or place, used for 1,746
the assemblage, entertainment, recreation, education, correction, 1,747
hospitalization, housing, or employment of persons, but do not 1,748
apply to sewerage or treatment works for sewage installed or to 1,749
be installed for the use of a private residence or dwelling, or 1,750
to animal waste treatment or disposal works and related 1,751
management and conservation practices subject to rules adopted 1,752
pursuant to division (E)(4) of section 1511.02 of the Revised 1,753
Code and involving less than one thousand animal units as animal 1,754
units are defined in the United States environmental protection 1,755
agency regulations. This exclusion does not apply to animal 1,756
waste treatment works having a controlled direct discharge to 1,757
waters of the state. 1,758
In granting an approval, the director of environmental 1,760
protection may stipulate such modifications, conditions, and 1,761
rules as THAT the public health and prevention of pollution may 1,762
require. Any action taken by the director shall be a matter of 1,763
public record and shall be entered in his THE DIRECTOR'S journal. 1,765
Each period of thirty days that a violation of this section 1,766
continues, after a conviction for such THE violation, constitutes 1,767
a separate offense. 1,768
(B) SECTIONS 6111.45 AND 6111.46 OF THE REVISED CODE AND 1,772
DIVISION (A) OF THIS SECTION DO NOT APPLY TO ANY OF THE 1,774
FOLLOWING:
(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR TO 1,777
BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR DWELLING; 1,778
(2) ANIMAL WASTE DISPOSAL SYSTEMS AND RELATED MANAGEMENT 1,780
AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES ADOPTED 1,781
UNDER DIVISION (E)(4) OF SECTION 1511.02 OF THE REVISED CODE AND 1,784
INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS AS DEFINED IN 1,785
SECTION 903.01 OF THE REVISED CODE. THE EXCLUSION ESTABLISHED 1,788
40
UNDER DIVISION (B)(2) OF THIS SECTION DOES NOT APPLY TO ANIMAL 1,790
WASTE DISPOSAL SYSTEMS HAVING A CONTROLLED DIRECT DISCHARGE TO 1,791
WATERS OF THE STATE.
(3) CONCENTRATED ANIMAL FEEDING OPERATIONS FOR WHICH A 1,793
PERMIT IS REQUIRED UNDER SECTION 903.02 OF THE REVISED CODE. THE 1,796
EXCLUSION ESTABLISHED UNDER DIVISION (B)(3) OF THIS SECTION DOES 1,798
NOT RELIEVE THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL 1,799
FEEDING OPERATION FROM ANY REQUIREMENT TO OBTAIN A PERMIT FOR THE 1,800
DISCHARGE OF SEWAGE, INDUSTRIAL WASTE, OR OTHER WASTE UNDER 1,801
DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE OR TO 1,804
COMPLY WITH THE REQUIREMENTS OF A GENERAL PERMIT ISSUED UNDER 1,805
SECTION 6111.035 OF THE REVISED CODE, AS APPLICABLE. 1,807
Section 2. That existing sections 1521.01, 5516.061, 1,809
6111.03, 6111.04, and 6111.44 of the Revised Code are hereby 1,810
repealed.
Section 3. All items in this section are hereby 1,812
appropriated as designated out of any moneys in the state 1,813
treasury to the credit of the General Revenue Fund. For all 1,814
appropriations made in this act, those in the first column are 1,816
for fiscal year 2000 and those in the second column are for 1,817
fiscal year 2001. The appropriations made in this act are in 1,818
addition to any other appropriations made for the 1999-2001 1,819
biennium.
AGR DEPARTMENT OF AGRICULTURE 1,821
General Revenue Fund 1,823
GRF 700-414 Concentrated Animal 1,826
Feeding Operation
Advisory Committee $ 25,000 $ 25,000 1,828
TOTAL GRF General Revenue Fund $ 25,000 $ 25,000 1,831
TOTAL ALL BUDGET FUND GROUPS $ 25,000 $ 25,000 1,834
Within the limits set forth in this act, the Director of 1,837
Budget and Management shall establish accounts indicating the 1,838
source and amount of funds for each appropriation made in this 1,839
act and shall determine the form and manner in which 1,840
41
appropriation accounts shall be maintained. Expenditures from 1,841
appropriations contained in this act shall be accounted for as 1,842
though made in Sub. H.B. 283 of the 123rd General Assembly. 1,844
The appropriations made in this act are subject to all 1,846
provisions of Sub. H.B. 283 of the 123rd General Assembly that 1,848
are generally applicable to such appropriations. 1,849
Section 4. As used in this section, "concentrated animal 1,851
feeding operation" has the same meaning as in section 903.01 of 1,852
the Revised Code, as enacted by this act. 1,853
On the effective date of this act, the Director of 1,855
Environmental Protection shall provide the Director of 1,856
Agriculture with copies of all permits issued under division 1,857
(J)(1) of section 6111.03 of the Revised Code for the 1,858
installation of disposal systems at concentrated animal feeding 1,859
operations that are operating on that date together with any 1,860
related information that the Director of Agriculture requests. 1,861
Section 5. The codified and uncodified sections of law 1,863
contained in this act are not subject to the referendum. 1,864
Therefore, under Ohio Constitution, Article II, Section 1d and 1,865
section 1.471 of the Revised Code, the codified and uncodified 1,866
sections of law contained in this act go into immediate effect 1,867
when this act becomes law. 1,868