As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 141 5
1999-2000 6
SENATORS MUMPER-DRAKE-WHITE-KEARNS 8
_________________________________________________________________ 10
A B I L L
To amend sections 1511.021, 3745.04, 6111.03, 12
6111.035, 6111.036, 6111.04, and 6111.44 and to 13
enact sections 307.203, 505.266, 903.01, 903.02, 14
903.021, 903.03 to 903.18, and 903.99 of the 15
Revised Code to transfer authority to issue 17
permits for the construction of new or 18
modification of existing concentrated animal
feeding operations from the Director of 19
Environmental Protection to the Director of 20
Agriculture, to provide for the regulation of 21
concentrated animal feeding operations, to 23
transfer authority to issue national pollutant
discharge elimination system permits for 24
agricultural operations and certain other 25
entities from the Director of Environmental
Protection to the Director of Agriculture, to 26
require certain existing concentrated animal
feeding operations to obtain review compliance 27
certificates, and to make an appropriation. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 1511.021, 3745.04, 6111.03, 32
6111.035, 6111.036, 6111.04, and 6111.44 be amended and sections 34
307.203, 505.266, 903.01, 903.02, 903.021, 903.03, 903.04, 35
903.05, 903.06, 903.07, 903.08, 903.09, 903.10, 903.11, 903.12, 36
903.13, 903.14, 903.15, 903.16, 903.17, 903.18, and 903.99 of the 37
Revised Code be enacted to read as follows: 38
2
Sec. 307.203. (A) AS USED IN THIS SECTION: 40
(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING 43
OPERATION," AND "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" 45
HAVE THE SAME MEANINGS AS IN SECTION 903.01 OF THE REVISED CODE.
(2) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR 47
BOTH OF COUNTY INFRASTRUCTURE. 48
(3) "OPERATION" MEANS A PROPOSED NEW OR EXPANDED MAJOR 50
CONCENTRATED ANIMAL FEEDING OPERATION. 51
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL 53
MEET WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN 55
WHICH AN OPERATION IS OR IS TO BE LOCATED: 56
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING 58
OPERATION;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 60
OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN 61
PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN 62
THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE 63
OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL 64
SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR 65
DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS 66
APPLICABLE;
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 68
OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER 69
CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE 70
CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION 71
OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR 72
MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION 74
(J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO 75
A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 76
(C) IN ORDER TO INITIATE A MEETING WITH THE BOARD, THE 78
PERSON SHALL NOTIFY THE BOARD OF THE PROPOSED CONSTRUCTION OR 80
EXPANSION OF THE OPERATION NOT LATER THAN TEN DAYS PRIOR TO A 81
REGULAR OR SPECIAL SESSION OF THE BOARD. THE PERSON ALSO SHALL 82
SUBMIT THE FOLLOWING INFORMATION: 83
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(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND 85
FROM THE OPERATION; 86
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES 88
TRAVELING TO AND FROM THE OPERATION. 89
IF THE BOARD RECEIVES A TIMELY NOTICE UNDER THIS DIVISION, 91
IT SHALL SCHEDULE THE MEETING. 92
THE MEETING WITH THE BOARD MAY BE CONDUCTED JOINTLY WITH 94
THE MEETING WITH THE BOARD OF TOWNSHIP TRUSTEES THAT IS REQUIRED 95
UNDER SECTION 505.266 OF THE REVISED CODE. SUCH A JOINT MEETING 96
SHALL BE CONDUCTED NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF 97
THE NOTICE REQUIRED UNDER THIS DIVISION. 98
(D) AT THE MEETING, THE BOARD AND THE PERSON SHALL DISCUSS 100
THE POTENTIAL IMPACTS OF THE OPERATION ON COUNTY INFRASTRUCTURE. 101
AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY ATTEND THE 102
MEETING AND ADVISE THE BOARD ON BOTH OF THE FOLLOWING: 103
(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE 105
REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON COUNTY 106
INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE OPERATION, 107
INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON COUNTY 108
ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND 110
MAINTENANCE.
FOLLOWING THE MEETING, THE BOARD MAY REQUEST THE PERSON TO 112
PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING 113
THE IMPACT OF THE OPERATION ON COUNTY INFRASTRUCTURE. THE PERSON 114
SHALL RESPOND IN A TIMELY MANNER. 115
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE MEETING, THE 117
BOARD SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS CONCERNING 118
THE IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE OPERATION 119
AND THE COST OF THOSE IMPROVEMENTS. 120
(2) NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE 122
BOARD'S RECOMMENDATIONS, THE PERSON SHALL NOTIFY THE BOARD EITHER 123
THAT THE PERSON AGREES WITH THE RECOMMENDATIONS AND WILL 124
IMPLEMENT THEM OR THAT THE PERSON IS SUBMITTING REASONABLE 125
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ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS TO THE BOARD. IF 126
THE PERSON AGREES WITH THE RECOMMENDATIONS, THEY SHALL BE 127
CONSIDERED TO BE THE BOARD'S FINAL RECOMMENDATIONS. 128
(3) IF THE BOARD RECEIVES ALTERNATIVE RECOMMENDATIONS OR 130
MODIFICATIONS UNDER DIVISION (E)(2) OF THIS SECTION, THE BOARD 131
SHALL SELECT FINAL RECOMMENDATIONS AND SUBMIT THEM TO THE PERSON 132
NOT LATER THAN THIRTY DAYS AFTER THE RECEIPT OF THE ALTERNATIVE 134
RECOMMENDATIONS OR MODIFICATIONS.
(F) THE BOARD SHALL PREPARE A WRITTEN, DATED STATEMENT 136
CERTIFYING THAT THE MEETING REQUIRED UNDER THIS SECTION OCCURRED 137
AND THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING NEEDED 138
IMPROVEMENTS AND THE COSTS OF THOSE IMPROVEMENTS. THE BOARD 139
SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO 140
THAT THE PERSON CAN INCLUDE IT WITH THE APPLICATION FOR A PERMIT 141
FOR THE OPERATION AS REQUIRED UNDER DIVISION (D)(8) OF SECTION 142
903.02 OF THE REVISED CODE. THE BOARD SHALL RETAIN A COPY OF THE 143
STATEMENT FOR ITS RECORDS. 144
(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR 146
FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF 147
IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND 148
WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE 149
PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY 150
CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH 151
THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 152
RECOMMENDATIONS. 153
IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 155
RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON 156
IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION 157
FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST 158
SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL 160
REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS. 161
(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION 163
UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY 164
THE OPERATION, OR IF THE ROUTES OF TRAVEL TO OR FROM THE 166
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OPERATION CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION 167
CONDUCTED BY THE COUNTY, THE BOARD OR THE PERSON MAY REQUEST A 168
MEETING AND SHALL PROCEED AS PROVIDED IN THIS SECTION FOR THE 169
ORIGINAL MEETING. 170
Sec. 505.266. (A) AS USED IN THIS SECTION: 172
(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING 174
OPERATION," AND "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" 175
HAVE THE SAME MEANINGS AS IN SECTION 903.01 OF THE REVISED CODE. 176
(2) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR 178
BOTH OF TOWNSHIP INFRASTRUCTURE. 179
(3) "OPERATION" MEANS A PROPOSED NEW OR EXPANDED MAJOR 181
CONCENTRATED ANIMAL FEEDING OPERATION. 182
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL 184
MEET WITH THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH 185
AN OPERATION IS OR IS TO BE LOCATED: 186
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING 188
OPERATION;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 190
OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN 191
PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN 192
THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE 193
OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL 194
SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR 195
DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS 196
APPLICABLE;
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 198
OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER 199
CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE 200
CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION 201
OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR 202
MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION 203
(J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO 204
A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 206
(C) IN ORDER TO INITIATE A MEETING WITH THE BOARD, THE 209
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PERSON SHALL NOTIFY THE BOARD OF THE PROPOSED CONSTRUCTION OR 210
EXPANSION OF THE OPERATION NOT LATER THAN TEN DAYS PRIOR TO A 211
REGULAR OR SPECIAL SESSION OF THE BOARD. THE PERSON ALSO SHALL 213
SUBMIT THE FOLLOWING INFORMATION:
(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND 215
FROM THE OPERATION; 216
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES 218
TRAVELING TO AND FROM THE OPERATION. 219
IF THE BOARD RECEIVES A TIMELY NOTICE UNDER THIS DIVISION, 221
IT SHALL SCHEDULE THE MEETING. 222
THE MEETING WITH THE BOARD MAY BE CONDUCTED JOINTLY WITH 224
THE MEETING WITH THE BOARD OF COUNTY COMMISSIONERS THAT IS 225
REQUIRED UNDER SECTION 307.203 OF THE REVISED CODE. SUCH A JOINT 226
MEETING SHALL BE CONDUCTED NOT LATER THAN THIRTY DAYS AFTER 228
RECEIPT OF THE NOTICE REQUIRED UNDER THIS DIVISION. 229
(D) AT THE MEETING, THE BOARD AND THE PERSON SHALL DISCUSS 231
THE POTENTIAL IMPACTS OF THE OPERATION ON TOWNSHIP 232
INFRASTRUCTURE. AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER 233
MAY ATTEND THE MEETING AND ADVISE THE BOARD ON BOTH OF THE 234
FOLLOWING:
(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE 236
REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON TOWNSHIP 237
INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE OPERATION, 238
INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON TOWNSHIP 239
ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND 241
MAINTENANCE.
FOLLOWING THE MEETING, THE BOARD MAY REQUEST THE PERSON TO 243
PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING 244
THE IMPACT OF THE OPERATION ON TOWNSHIP INFRASTRUCTURE. THE 245
PERSON SHALL RESPOND IN A TIMELY MANNER. 246
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE MEETING, THE 248
BOARD SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS CONCERNING 249
THE IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE OPERATION 250
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AND THE COST OF THOSE IMPROVEMENTS. 251
(2) NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE 253
BOARD'S RECOMMENDATIONS, THE PERSON SHALL NOTIFY THE BOARD EITHER 254
THAT THE PERSON AGREES WITH THE RECOMMENDATIONS AND WILL 255
IMPLEMENT THEM OR THAT THE PERSON IS SUBMITTING REASONABLE 256
ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS TO THE BOARD. IF 257
THE PERSON AGREES WITH THE RECOMMENDATIONS, THEY SHALL BE 258
CONSIDERED TO BE THE BOARD'S FINAL RECOMMENDATIONS. 259
(3) IF THE BOARD RECEIVES ALTERNATIVE RECOMMENDATIONS OR 261
MODIFICATIONS UNDER DIVISION (E)(2) OF THIS SECTION, THE BOARD 262
SHALL SELECT FINAL RECOMMENDATIONS AND SUBMIT THEM TO THE PERSON 263
NOT LATER THAN THIRTY DAYS AFTER THE RECEIPT OF THE ALTERNATIVE 265
RECOMMENDATIONS OR MODIFICATIONS.
(F) THE BOARD SHALL PREPARE A WRITTEN, DATED STATEMENT 267
CERTIFYING THAT THE MEETING REQUIRED UNDER THIS SECTION OCCURRED 268
AND THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING NEEDED 269
IMPROVEMENTS AND THE COSTS OF THOSE IMPROVEMENTS. THE BOARD 270
SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO 271
THAT THE PERSON CAN INCLUDE IT WITH THE APPLICATION FOR A PERMIT 272
FOR THE OPERATION AS REQUIRED UNDER DIVISION (D)(8) OF SECTION 273
903.02 OF THE REVISED CODE. THE BOARD SHALL RETAIN A COPY OF THE 274
STATEMENT FOR ITS RECORDS. 276
(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR 278
FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF 279
IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND 280
WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE 281
PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY 282
CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH 283
THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 284
RECOMMENDATIONS. 285
IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 287
RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON 288
IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION 289
FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST 290
8
SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL 291
REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS. 292
(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION 294
UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY 295
THE OPERATION, OR IF THE ROUTES OF TRAVEL TO OR FROM THE 297
OPERATION CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION 298
CONDUCTED BY THE TOWNSHIP, THE BOARD OR THE PERSON MAY REQUEST A 299
MEETING AND SHALL PROCEED AS PROVIDED IN THIS SECTION FOR THE 300
ORIGINAL MEETING.
Sec. 903.01. AS USED IN THIS CHAPTER: 302
(A) "AGRICULTURAL OPERATION" MEANS THE ACTIVITIES OF 304
FARMING; RANCHING; AQUACULTURE; APICULTURE; HORTICULTURE; 307
VITICULTURE; ANIMAL HUSBANDRY, INCLUDING THE CARE AND RAISING OF 308
LIVESTOCK, EQUINE, AND FUR-BEARING ANIMALS; POULTRY HUSBANDRY AND 309
THE PRODUCTION OF POULTRY; DAIRY PRODUCTION; THE PRODUCTION OF 310
FIELD CROPS, TOBACCO, FRUITS, VEGETABLES, NURSERY STOCK, 311
ORNAMENTAL SHRUBS, ORNAMENTAL TREES, FLOWERS, SOD, OR MUSHROOMS; 312
TIMBER; PASTURAGE; ANY COMBINATION OF THOSE ACTIVITIES; AND THE 313
PROCESSING, DRYING, STORAGE, AND MARKETING OF AGRICULTURAL
PRODUCTS WHEN THOSE ACTIVITIES ARE CONDUCTED IN CONJUNCTION WITH, 314
BUT ARE SECONDARY TO, SUCH HUSBANDRY OR PRODUCTION. 315
"AGRICULTURAL OPERATION" DOES NOT INCLUDE NONAGRICULTURAL 316
ACTIVITIES THAT OCCUR AT AGRICULTURAL FACILITIES SUCH AS THE 317
OPERATION OF SEPTIC SYSTEMS AND THE RELEASE OF WASTE WATERS FROM 318
THE TREATMENT OF WATER SUPPLIES. 319
(B) "AGRICULTURAL POLLUTANT" MEANS ANY POLLUTANT, AS 321
DEFINED IN THE FEDERAL WATER POLLUTION CONTROL ACT, THAT IS 326
DISCHARGED BY AN AGRICULTURAL OPERATION OR MANURE FROM ANY 327
SOURCE.
(C) "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT CALCULATED 330
BY ADDING THE FOLLOWING NUMBERS: 331
(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED 333
BY ONE; 334
(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR 336
9
DRY MULTIPLIED BY ONE AND FOUR-TENTHS; 337
(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE 339
POUNDS MULTIPLIED BY FOUR-TENTHS; 340
(4) THE NUMBER OF HORSES MULTIPLIED BY TWO; 342
(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH; 344
(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS; 346
(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY 348
ONE-HUNDREDTH; 349
(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS. 351
(D) "CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A SITE, 353
TRACT OF LAND, BUILDING, OR STRUCTURE TO WHICH ALL OF THE 355
FOLLOWING APPLY:
(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, 357
OR WILL BE STABLED OR CONFINED, AND FED OR MAINTAINED, THERE FOR 358
A TOTAL OF FORTY-FIVE DAYS OR MORE DURING ANY TWELVE-MONTH 359
PERIOD.
(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST 361
RESIDUES ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON ON ANY 362
PORTION OF THE SITE OR TRACT OF LAND ON WHICH ARE LOCATED 363
BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED. 364
(3) BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED 366
OR CONFINED ON THE SITE OR TRACT OF LAND, TOGETHER WITH BUILDINGS 367
OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON 368
ADJOINING SITES OR TRACTS OF LAND OR ON SITES OR TRACTS OF LAND 369
WITH WHICH IS SHARED A COMMON WASTE DISPOSAL SYSTEM, HAVE A TOTAL 370
DESIGN CAPACITY OF MORE THAN ONE THOUSAND ANIMAL UNITS. 371
(E) UNLESS THE CONTEXT INDICATES OTHERWISE, "DISCHARGE" 373
MEANS THE ADDITION OF AGRICULTURAL POLLUTANTS FROM A POINT SOURCE 374
INTO WATERS OF THE STATE. 375
(F) "FEDERAL WATER POLLUTION CONTROL ACT" MEANS THE 379
"FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972," 86 380
STAT. 816, 33 U.S.C. 1251 ET. SEQ., AS AMENDED, AND REGULATIONS 382
ADOPTED UNDER IT.
(G) "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A 384
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CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN 385
CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 386
(H) "MANURE" MEANS ANIMAL EXCRETA, DISCARDED PRODUCTS, 389
BEDDING, PROCESS WASTE WATER, PROCESS GENERATED WASTE WATER,
WASTE FEED, SILAGE DRAINAGE, AND COMPOST PRODUCTS RESULTING FROM 391
MORTALITY COMPOSTING OR THE COMPOSTING OF ANIMAL EXCRETA. 392
(I) "MANURE STORAGE OR TREATMENT FACILITY" MEANS ANY 395
EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF
STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING, OR 397
STORAGE OF MANURE.
(J) "MORTALITY COMPOSTING" MEANS THE CONTROLLED 399
DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD 400
ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE MATERIAL. 402
(K) "NPDES PERMIT" MEANS A PERMIT ISSUED UNDER THE 404
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ESTABLISHED IN 406
SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND 408
INCLUDES THE RENEWAL OF SUCH A PERMIT. 409
(L) "PERSON" MEANS ANY LEGAL ENTITY DEFINED AS A PERSON 411
UNDER SECTION 1.59 OF THE REVISED CODE, THE STATE, ANY POLITICAL 413
SUBDIVISION OF THE STATE, ANY INTERSTATE BODY CREATED BY COMPACT, 414
THE UNITED STATES, OR ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY 416
OF ANY OF THOSE ENTITIES. 417
(M) "POINT SOURCE" HAS THE SAME MEANING AS IN THE FEDERAL 420
WATER POLLUTION CONTROL ACT. 421
(N) "RULE" MEANS A RULE ADOPTED UNDER SECTION 903.05 OF 423
THE REVISED CODE.
(O) "WATERS OF THE STATE" HAS THE SAME MEANING AS IN 425
SECTION 6111.01 OF THE REVISED CODE. 426
Sec. 903.02. (A) AS USED IN THIS SECTION: 428
(1) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT 430
PRACTICES ESTABLISHED IN RULES. 431
(2) "OPERATION" MEANS A PROPOSED NEW OR MODIFIED 433
CONCENTRATED ANIMAL FEEDING OPERATION. 434
(3) "PERMIT" MEANS AN INITIAL PERMIT OR PERMIT 436
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MODIFICATION ISSUED UNDER THIS SECTION UNLESS OTHERWISE 438
INDICATED.
(B)(1) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 440
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL 441
PREPARE A STATE PROGRAM FOR THE ISSUANCE OF PERMITS UNDER THIS 442
SECTION.
(2) ON AND AFTER THE DATE ON WHICH THE DIRECTOR HAS 445
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS 446
SECTION, NO PERSON SHALL MODIFY AN EXISTING OR CONSTRUCT A NEW 447
CONCENTRATED ANIMAL FEEDING OPERATION WITHOUT OBTAINING A PERMIT 448
ISSUED BY THE DIRECTOR UNDER THIS SECTION. 449
(C) THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 452
REPRESENTATIVE MAY HELP AN APPLICANT FOR A PERMIT DURING THE 453
PERMITTING PROCESS BY PROVIDING GUIDANCE AND TECHNICAL 454
ASSISTANCE.
(D) AN APPLICANT FOR AN INITIAL PERMIT SHALL SUBMIT AN 457
APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR 458
PRESCRIBES AND PROVIDES TOGETHER WITH A FEE IN AN AMOUNT 459
ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE WITH THE 460
APPLICATION ALL OF THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS 463
IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS AND 464
DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER 465
PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT 466
OF THE APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR 467
MANAGERS OF THE APPLICANT;
(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL UNITS 470
THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR 471
MAINTAIN;
(3) DESIGN AND ENGINEERING PLANS FOR THE PROPOSED 473
CONSTRUCTION OF THE OPERATION THAT INCLUDE THE PROPOSED LOCATION 475
OF THE CONSTRUCTION, DESIGN AND ENGINEERING CONSTRUCTION PLANS 476
AND SPECIFICATIONS, ANTICIPATED BEGINNING AND ENDING DATES FOR 477
WORK PERFORMED, AND ANY OTHER INFORMATION THAT THE DIRECTOR 478
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REQUIRES BY RULE;
(4) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT 480
CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, 481
STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED 483
AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED 484
BY RULE;
(5) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION 487
PREPARED IN ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE; 489
(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE 492
WITH THE FEDERAL WATER POLLUTION CONTROL ACT REQUIRED TO BE 497
PROVIDED UNDER SECTION 903.03 OF THE REVISED CODE, IF APPLICABLE; 499
(7) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT 502
WOULD HAVE A TOTAL DESIGN CAPACITY TO RAISE OR MAINTAIN MORE THAN 503
TEN THOUSAND ANIMAL UNITS, WRITTEN PROOF THAT THE PERSON WHO 504
WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND
HANDLING OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK 506
MANAGER CERTIFICATION IN ACCORDANCE WITH SECTION 903.07 OF THE 508
REVISED CODE; 509
(8) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT 512
MEETS THE CRITERIA ESTABLISHED IN SECTIONS 307.203 AND 505.266 OF
THE REVISED CODE, WRITTEN STATEMENTS FROM THE BOARD OF COUNTY 515
COMMISSIONERS OF THE COUNTY AND THE BOARD OF TOWNSHIP TRUSTEES OF 516
THE TOWNSHIP IN WHICH THE OPERATION WOULD BE LOCATED CERTIFYING 517
THAT, IN ACCORDANCE WITH THOSE SECTIONS, THE APPLICANT HAS MET 518
AND DISCUSSED WITH THE BOARDS THE POTENTIAL IMPACT OF THE NEW OR 520
EXPANDED OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE 521
COUNTY;
(9) A STATEMENT OF THE QUANTITY OF WATER THAT THE 524
OPERATION WILL UTILIZE ON AN AVERAGE DAILY AND ANNUAL BASIS, A 525
DETAILED DESCRIPTION OF THE BASIS FOR THE CALCULATION UTILIZED IN 526
DETERMINING THE QUANTITY OF WATER UTILIZED, AND A STATEMENT 527
IDENTIFYING THE SOURCE FOR THE WATER;
(10) ANY OTHER INFORMATION REQUIRED BY RULE. 529
INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A 531
13
PERMIT MODIFICATION, TOGETHER WITH THE APPLICABLE FEE AMOUNT, 532
SHALL BE ESTABLISHED IN RULES. 533
(E) PRIOR TO ISSUING A PERMIT TO MODIFY AN EXISTING OR 535
CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING OPERATION UNDER THIS 537
SECTION, THE DIRECTOR SHALL ISSUE A DRAFT PERMIT. NOTICE OF THE 538
ISSUANCE OF THE DRAFT PERMIT SHALL BE PUBLISHED ONCE IN 539
NEWSPAPERS OF GENERAL CIRCULATION DETERMINED BY THE DIRECTOR TO 540
PROVIDE REASONABLE NOTICE TO PERSONS THAT MAY BE AFFECTED BY THE 541
ISSUANCE OF THE PERMIT. THE DIRECTOR ALSO MAY SUBMIT NOTICE TO 542
TRADE JOURNALS FOR PUBLICATION. FURTHER, THE DIRECTOR MAY NOTIFY 543
DIRECTLY BY MAIL OR OTHERWISE TRADE ASSOCIATIONS AND OTHER 544
PERSONS THAT MAY BE INTERESTED IN THE ISSUANCE OF THE PERMIT. 545
THE NOTICE SHALL INCLUDE THE ADDRESS WHERE WRITTEN COMMENTS 547
CONCERNING THE DRAFT PERMIT MAY BE SUBMITTED AND THE PERIOD OF 548
TIME DURING WHICH COMMENTS WILL BE ACCEPTED. IF THE DIRECTOR 549
RECEIVES WRITTEN COMMENTS IN AN AMOUNT THAT DEMONSTRATES 550
SIGNIFICANT PUBLIC INTEREST, AS DEFINED BY RULE, IN THE DRAFT 552
PERMIT, THE DIRECTOR SHALL SCHEDULE A PUBLIC MEETING OR A PUBLIC 553
HEARING. THE PUBLIC MEETING OR HEARING SHALL BE HELD NOT LATER 554
THAN THIRTY DAYS AFTER THE EXPIRATION OF THE PUBLIC COMMENT
PERIOD. NOTICE OF THE PUBLIC MEETING OR HEARING SHALL BE 555
PROVIDED IN THE SAME MANNER AS THE NOTICE OF THE ISSUANCE OF THE 556
DRAFT PERMIT AND SHALL BE PROVIDED NOT LATER THAN FOURTEEN DAYS 557
PRIOR TO THE MEETING OR HEARING. 558
FAILURE OF THE DIRECTOR TO PROVIDE NOTICE UNDER THIS 560
DIVISION DOES NOT INVALIDATE A PERMIT ISSUED UNDER THIS SECTION. 561
(F) NOT LATER THAN NINETY DAYS AFTER RECEIVING A PERMIT 564
APPLICATION, THE DIRECTOR SHALL ISSUE OR DENY THE PERMIT, EXCEPT 565
THAT IF THE OPERATION ALSO IS REQUIRED TO OBTAIN A NPDES PERMIT 568
UNDER SECTION 903.04 OF THE REVISED CODE, THE DIRECTOR SHALL 570
ISSUE OR DENY THE PERMIT REQUIRED UNDER THIS SECTION NOT LATER 571
THAN ONE HUNDRED EIGHTY DAYS AFTER RECEIVING THE PERMIT
APPLICATION. IF THE PERMIT IS DENIED, THE DIRECTOR SHALL NOTIFY 573
THE APPLICANT IN WRITING OF THE REASON FOR THE DENIAL. 574
14
THE DIRECTOR SHALL DENY A PERMIT IF EITHER OF THE FOLLOWING 577
APPLIES:
(1) THE PERMIT APPLICATION CONTAINS INCOMPLETE, 579
MISLEADING, OR FALSE INFORMATION. 580
(2) THE DESIGN AND ENGINEERING PLANS, MANURE MANAGEMENT 583
PLAN, OR INSECT AND RODENT CONTROL PLAN FAILS TO CONFORM TO BEST 584
MANAGEMENT PRACTICES.
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE 586
THOSE ESTABLISHED IN THIS CHAPTER AND RULES. 587
(G) A PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A PERIOD 590
NOT TO EXCEED FIVE YEARS.
(H) A PERMIT ISSUED UNDER THIS SECTION MAY BE RENEWED. AN 592
APPLICATION FOR RENEWAL OF A PERMIT SHALL BE SUBMITTED TO THE 593
DIRECTOR AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION 594
DATE OF THE PERMIT AND SHALL COMPLY WITH THE REQUIREMENTS 595
GOVERNING APPLICATIONS FOR PERMITS ESTABLISHED UNDER THIS SECTION 596
AND BY RULE. 597
(I) THE DIRECTOR MAY SUSPEND OR REVOKE A PERMIT IN 599
ACCORDANCE WITH RULES. 600
(J) WHEN OWNERSHIP OF AN OPERATION FOR WHICH A PERMIT HAS 602
BEEN ISSUED UNDER THIS SECTION OR AN INSTALLATION PERMIT HAS BEEN 603
ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED 605
CODE IS TRANSFERRED, THE PERMIT OR INSTALLATION PERMIT IS 606
TRANSFERABLE TO THE NEW OWNER OF THE OPERATION EXCEPT AS PROVIDED 607
IN DIVISION (C) OF SECTION 903.03 OF THE REVISED CODE. THE NEW 608
OWNER IS NOT REQUIRED TO APPLY FOR A PERMIT SOLELY BECAUSE 610
OWNERSHIP OF THE OPERATION HAS BEEN TRANSFERRED.
(K) THE ISSUANCE, DENIAL, SUSPENSION, OR REVOCATION OF A 612
PERMIT BY THE DIRECTOR MAY BE APPEALED TO THE ENVIRONMENTAL 613
REVIEW APPEALS COMMISSION AS PROVIDED IN SECTIONS 3745.04 TO 614
3745.06 OF THE REVISED CODE. 615
(L) NOTHING IN THIS CHAPTER AFFECTS SECTION 1521.16 OF THE 617
REVISED CODE.
Sec. 903.021. (A) AS USED IN THIS SECTION, "EXISTING 619
15
CONCENTRATED ANIMAL FEEDING OPERATION" OR "EXISTING OPERATION" 620
MEANS A CONCENTRATED ANIMAL FEEDING OPERATION THAT WAS IN 621
EXISTENCE PRIOR TO THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE 622
HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF 623
SECTION 903.02 OF THE REVISED CODE AND THAT HAS RECEIVED A PERMIT 625
TO INSTALL UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE 627
REVISED CODE PRIOR TO THAT DATE. 628
(B) ON AND AFTER TWO YEARS AFTER THE DATE ON WHICH THE 630
DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) 631
OF SECTION 903.02 OF THE REVISED CODE, NO PERSON SHALL OPERATE AN 632
EXISTING CONCENTRATED ANIMAL FEEDING OPERATION WITHOUT A REVIEW 633
COMPLIANCE CERTIFICATE ISSUED UNDER THIS SECTION. 634
NOT LATER THAN TWO YEARS AFTER THE DATE ON WHICH THE 636
DIRECTOR HAS FINALIZED THE PROGRAM, BOTH OF THE FOLLOWING APPLY: 637
(1) THE DIRECTOR SHALL REVIEW THE PERMIT TO INSTALL THAT 639
WAS ISSUED TO AN EXISTING OPERATION UNDER DIVISION (J)(1) OF 640
SECTION 6111.01 OF THE REVISED CODE AND SHALL INSPECT THE 641
OPERATION TO DETERMINE IF IT IS IN COMPLIANCE WITH THAT PERMIT. 642
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 644
THIS SECTION, THE OWNER OR OPERATOR OF AN EXISTING OPERATION 645
SHALL FURNISH ALL OF THE FOLLOWING TO THE DIRECTOR ON A FORM
PRESCRIBED BY THE DIRECTOR: 646
(a) THE NAME AND ADDRESS OF THE OWNER, OF ALL PARTNERS IF 648
THE OWNER IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF 649
THE OWNER IS A CORPORATION, AND OF ANY OTHER PERSON WHO HAS A 650
RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE OPERATION 651
OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF THE 652
OPERATION;
(b) THE TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS THAT 654
THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR 655
MAINTAIN;
(c) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT 657
CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, 658
STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED
16
AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED 659
BY RULE; 660
(d) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION 662
PREPARED IN ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE; 663
(e) IN THE CASE OF A MAJOR CONCENTRATED ANIMAL FEEDING 665
OPERATION, WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE 666
FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE AT 667
THE OPERATION HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION
IN ACCORDANCE WITH SECTION 903.07 OF THE REVISED CODE. 668
THE OWNER OR OPERATOR NEED NOT FURNISH ANY INFORMATION 670
OTHERWISE REQUIRED UNDER DIVISION (B)(2) OF THIS SECTION IF THAT 671
INFORMATION IS INCLUDED IN THE PERMIT TO INSTALL THAT WAS ISSUED 672
FOR THE EXISTING OPERATION. 673
(C) AFTER A REVIEW OF THE EXISTING PERMIT TO INSTALL, AN 675
INSPECTION OF THE OPERATION, AND A REVIEW OF THE INFORMATION 676
FURNISHED UNDER DIVISION (B)(2) OF THIS SECTION, AND UPON 677
DETERMINING THAT THE EXISTING OPERATION IS BEING OPERATED IN A 678
MANNER THAT PROTECTS THE WATERS OF THE STATE AND MINIMIZES THE 679
PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS AT THE
OPERATION AND IN SURROUNDING AREAS, THE DIRECTOR SHALL ISSUE A 680
REVIEW COMPLIANCE CERTIFICATE TO THE OPERATION. IN ISSUING THE 681
CERTIFICATE, THE DIRECTOR SHALL CONSIDER TECHNICAL FEASIBILITY 682
AND ECONOMIC COSTS. THE DIRECTOR SHALL NOT REQUIRE A SIGNIFICANT 683
CAPITAL EXPENDITURE, AS DEFINED BY RULE, BY THE OPERATION BEFORE 684
ISSUING A CERTIFICATE. 685
(D)(1) A REVIEW COMPLIANCE CERTIFICATE IS VALID FOR A 687
PERIOD NOT TO EXCEED FIVE YEARS. THE DIRECTOR SHALL RENEW THE 688
CERTIFICATE ISSUED TO AN EXISTING OPERATION UNLESS A COURT WITH 689
COMPETENT JURISDICTION HAS FINALLY DETERMINED THAT THE OPERATION 690
HAS VIOLATED THIS CHAPTER OR RULES ADOPTED UNDER IT DURING THE 691
IMMEDIATELY PRECEDING FIVE-YEAR PERIOD. 692
(2) THE DIRECTOR MAY REVOKE A CERTIFICATE ISSUED TO AN 694
EXISTING OPERATION IF A COURT WITH COMPETENT JURISDICTION HAS 695
FINALLY DETERMINED THAT THE OPERATION HAS VIOLATED THIS CHAPTER 696
17
OR RULES ADOPTED UNDER IT DURING THE IMMEDIATELY PRECEDING 697
FIVE-YEAR PERIOD. AN EXISTING OPERATION WHOSE CERTIFICATE WAS 698
REVOKED SHALL OBTAIN A PERMIT UNDER SECTION 903.02 AND, IF 699
APPLICABLE, SECTION 903.04 OF THE REVISED CODE IN ORDER TO RESUME 701
OPERATIONS. 702
(E) AN EXISTING OPERATION THAT IS ISSUED A CERTIFICATE 704
UNDER THIS SECTION SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS. 705
(F)(1) A REVIEW COMPLIANCE CERTIFICATE SHALL NOT BE 707
CONSIDERED A NEW PERMIT OR A MODIFICATION OF AN EXISTING PERMIT 708
REQUIRING PUBLIC NOTICE OR HEARING. 709
(2) THE ISSUANCE OF A CERTIFICATE IS NOT SUBJECT TO APPEAL 711
UNDER CHAPTER 119. OR SECTIONS 3745.04 TO 3745.06 OF THE REVISED 713
CODE.
Sec. 903.03. (A) EACH APPLICATION FOR A PERMIT ISSUED 715
UNDER SECTION 903.02 OF THE REVISED CODE THAT IS SUBMITTED BY AN 716
APPLICANT WHO HAS NOT OPERATED A CONCENTRATED ANIMAL FEEDING 718
OPERATION IN THIS STATE FOR AT LEAST TWO OF THE FIVE YEARS 719
IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION SHALL BE 720
ACCOMPANIED BY ALL OF THE FOLLOWING: 721
(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING 723
OPERATIONS THAT THE OWNER OR OPERATOR OF THE PROPOSED NEW OR 724
MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION HAS OPERATED OR IS 726
OPERATING IN THIS STATE; 727
(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING 729
OPERATIONS THAT THE OWNER OR OPERATOR HAS OPERATED OR IS 730
OPERATING ELSEWHERE IN THE UNITED STATES AND THAT ARE REGULATED 731
UNDER THE FEDERAL WATER POLLUTION CONTROL ACT; 732
(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT ORDERS 735
ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL ACTIONS IN WHICH THE 736
OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO BE 737
LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR
ANOTHER TYPE OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH 738
THE OWNER OR OPERATOR PLEADED GUILTY OR WAS CONVICTED, DURING THE 740
FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE
18
APPLICATION, IN CONNECTION WITH ANY VIOLATION OF THE FEDERAL 743
WATER POLLUTION CONTROL ACT THAT WAS ALLEGED TO HAVE OCCURRED OR 745
TO BE OCCURRING AT ANY CONCENTRATED ANIMAL FEEDING OPERATION THAT 746
THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING IN THE UNITED 747
STATES.
THE LISTS OF CONCENTRATED ANIMAL FEEDING OPERATIONS 749
OPERATED BY THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE 750
SHALL INCLUDE, RESPECTIVELY, ALL SUCH OPERATIONS OPERATED BY THE 752
OWNER OR OPERATOR DURING THE FIVE-YEAR PERIOD IMMEDIATELY 753
PRECEDING THE SUBMISSION OF THE APPLICATION.
(B) IF THE APPLICANT FOR A PERMIT HAS BEEN INVOLVED IN ANY 757
PRIOR ACTIVITY INVOLVING THE OPERATION OF A CONCENTRATED ANIMAL 758
FEEDING OPERATION, THE DIRECTOR OF AGRICULTURE MAY DENY THE 760
APPLICATION IF THE DIRECTOR FINDS FROM THE APPLICATION, THE 761
INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS 762
SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND 763
OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE 764
DIRECTOR'S DISCRETION THAT THE APPLICANT AND PERSONS ASSOCIATED 765
WITH THE APPLICANT, IN THE OPERATION OF CONCENTRATED ANIMAL 766
FEEDING OPERATIONS, HAVE A HISTORY OF SUBSTANTIAL NONCOMPLIANCE 767
WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT INDICATES THAT 769
THE APPLICANT LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND 771
COMPETENCE TO OPERATE THE PROPOSED NEW OR MODIFIED CONCENTRATED 772
ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE WITH THIS 773
CHAPTER AND RULES ADOPTED UNDER IT.
(C) A PERSON WHO SEEKS TO ACQUIRE A CONCENTRATED ANIMAL 775
FEEDING OPERATION THAT HAS BEEN ISSUED A PERMIT UNDER THIS 776
CHAPTER SHALL SUBMIT TO THE DIRECTOR THE INFORMATION SPECIFIED IN 777
DIVISIONS (A)(1) TO (3) OF THIS SECTION PRIOR TO THE TRANSFER OF 779
THE PERMIT. THE PERMIT SHALL NOT BE TRANSFERRED AS OTHERWISE 780
PROVIDED IN DIVISION (J) OF SECTION 903.02 OR DIVISION (L) OF 781
SECTION 903.04 OF THE REVISED CODE IF THE DIRECTOR FINDS FROM THE 783
INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS 784
SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND 785
19
OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE
DIRECTOR'S DISCRETION THAT THE PERSON, IN THE OPERATION OF 787
CONCENTRATED ANIMAL FEEDING OPERATIONS, HAS A HISTORY OF 788
SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION 789
CONTROL ACT THAT INDICATES THAT THE PERSON LACKS SUFFICIENT 791
RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE 792
CONCENTRATED ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE 793
WITH THIS CHAPTER AND RULES ADOPTED UNDER IT. 794
Sec. 903.04. (A)(1) ON AND AFTER THE DATE ON WHICH THE 797
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES 798
PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS
SECTION, NO PERSON SHALL DISCHARGE AN AGRICULTURAL POLLUTANT FROM 799
A POINT SOURCE INTO WATERS OF THE STATE WITHOUT OBTAINING A NPDES 800
PERMIT ISSUED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION. 801
(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR 803
OF ENVIRONMENTAL PROTECTION UNDER DIVISION (J) OF SECTION 6111.03 804
OF THE REVISED CODE FOR THE DISCHARGE OF AGRICULTURAL POLLUTANTS 806
FROM A POINT SOURCE PRIOR TO THE DATE ON WHICH THE UNITED STATES 807
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 808
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY 809
CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS 810
MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE 811
DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE 812
THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (M)(2) OF 813
THIS SECTION. 814
(B)(1) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 817
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 818
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO
PERSON SHALL DISCHARGE STORM WATER RESULTING FROM AN AGRICULTURAL 819
OPERATION WITHOUT A NPDES PERMIT ISSUED BY THE DIRECTOR OF 820
AGRICULTURE AS REQUIRED BY RULES AND THE FEDERAL WATER POLLUTION 822
CONTROL ACT. 823
(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR 825
OF ENVIRONMENTAL PROTECTION UNDER CHAPTER 6111. OF THE REVISED 827
20
CODE FOR THE DISCHARGE OF STORM WATER RESULTING FROM AN 828
AGRICULTURAL OPERATION PRIOR TO THE DATE ON WHICH THE UNITED 829
STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 830
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY 831
CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS 832
MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE 833
DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE 834
THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (M)(2) OF 835
THIS SECTION. 836
(C) THE DIRECTOR OF AGRICULTURE SHALL ISSUE GENERAL NPDES 839
PERMITS IN LIEU OF INDIVIDUAL PERMITS FOR POINT SOURCES THAT ARE 840
SUBJECT TO THIS SECTION WHERE PRACTICAL AND TO THE EXTENT 841
CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT. 843
(D) THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH TERMS AND 845
CONDITIONS OF NPDES PERMITS IN ACCORDANCE WITH RULES. TERMS AND 846
CONDITIONS SHALL BE DESIGNED TO ACHIEVE AND MAINTAIN FULL 847
COMPLIANCE WITH NATIONAL EFFLUENT LIMITATIONS, NATIONAL STANDARDS 849
OF PERFORMANCE FOR NEW SOURCES, THE MOST CURRENT WATER QUALITY 850
STANDARDS ADOPTED UNDER SECTION 6111.041 OF THE REVISED CODE, THE
MOST CURRENT ANTIDEGRADATION POLICY ESTABLISHED BY RULE, AND 851
OTHER REQUIREMENTS OF THE FEDERAL WATER POLLUTION CONTROL ACT. 854
IN ESTABLISHING THE TERMS AND CONDITIONS OF A PERMIT, THE 855
DIRECTOR, TO THE EXTENT CONSISTENT WITH THAT ACT, SHALL CONSIDER 856
TECHNICAL FEASIBILITY AND ECONOMIC COSTS AND SHALL ALLOW A 857
REASONABLE PERIOD OF TIME FOR COMING INTO COMPLIANCE WITH THE 858
PERMIT.
(E)(1) NO PERSON SHALL VIOLATE ANY EFFLUENT LIMITATION 860
ESTABLISHED BY RULE. 861
(2) NO PERSON SHALL VIOLATE ANY OTHER PROVISION OF A NPDES 863
PERMIT ISSUED UNDER THIS SECTION. 865
(3) COMPLIANCE WITH A NPDES PERMIT ISSUED UNDER THIS 868
SECTION CONSTITUTES COMPLIANCE WITH THIS SECTION.
(F) IN ACCORDANCE WITH RULES, AN APPLICANT FOR A NPDES 870
PERMIT ISSUED UNDER THIS SECTION SHALL SUBMIT AN APPLICATION FOR 872
21
THE PERMIT TO THE DIRECTOR OF AGRICULTURE ON A FORM PRESCRIBED BY 873
THE DIRECTOR TOGETHER WITH A FEE IN AN AMOUNT ESTABLISHED BY 874
RULE. THE APPLICATION SHALL INCLUDE ANY INFORMATION REQUIRED BY 876
RULE. THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE 877
MAY ASSIST AN APPLICANT FOR A NPDES PERMIT DURING THE APPLICATION 878
PROCESS BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE. 879
(G) THE DIRECTOR OF AGRICULTURE SHALL ISSUE OR DENY AN 881
APPLICATION FOR A NPDES PERMIT UNDER THIS SECTION WITHIN ONE 882
HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE DIRECTOR RECEIVES 883
THE APPLICATION FOR THE PERMIT. THE DIRECTOR SHALL DENY AN 884
APPLICATION IF ANY OF THE FOLLOWING APPLIES: 886
(1) THE APPLICATION CONTAINS MISLEADING OR FALSE 888
INFORMATION. 889
(2) THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL 891
PROTECTION AGENCY OBJECTS IN WRITING TO THE ISSUANCE OF THE 892
PERMIT IN ACCORDANCE WITH SECTION 402(d) OF THE FEDERAL WATER 895
POLLUTION CONTROL ACT.
(3) THE DIRECTOR DETERMINES THAT THE PROPOSED DISCHARGE OR 898
SOURCE WOULD CONFLICT WITH AN AREAWIDE WASTE TREATMENT MANAGEMENT 899
PLAN ADOPTED IN ACCORDANCE WITH SECTION 208 OF THE FEDERAL WATER 901
POLLUTION CONTROL ACT.
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE 903
THOSE ESTABLISHED IN THIS CHAPTER AND RULES. 904
(H) A NPDES PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A 907
PERIOD NOT TO EXCEED FIVE YEARS. 908
(I) A NPDES PERMIT ISSUED UNDER THIS SECTION MAY BE 910
RENEWED. AN APPLICATION FOR RENEWAL OF A NPDES PERMIT SHALL BE 912
SUBMITTED TO THE DIRECTOR OF AGRICULTURE AT LEAST ONE HUNDRED 913
EIGHTY DAYS PRIOR TO THE EXPIRATION DATE OF THE PERMIT AND SHALL 915
COMPLY WITH THE REQUIREMENTS GOVERNING APPLICATIONS FOR NPDES 916
PERMITS ESTABLISHED UNDER THIS SECTION AND BY RULE. AN 917
APPLICATION FOR RENEWAL SHALL BE ISSUED OR DENIED IN ACCORDANCE 918
WITH DIVISION (G) OF THIS SECTION.
(J)(1) NO PERSON SHALL MAKE ANY FALSE STATEMENT, 920
22
REPRESENTATION, OR CERTIFICATION IN AN APPLICATION FOR A NPDES 922
PERMIT OR PERMIT RENEWAL OR IN ANY FORM, NOTICE, OR REPORT 923
REQUIRED TO BE SUBMITTED TO THE DIRECTOR PURSUANT TO TERMS AND 925
CONDITIONS ESTABLISHED IN A NPDES PERMIT ISSUED UNDER THIS 926
SECTION. VIOLATION OF DIVISION (J)(1) OF THIS SECTION IS NOT
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE. 927
(2) NO PERSON SHALL RENDER INACCURATE ANY MONITORING 929
METHOD OR DEVICE THAT IS REQUIRED UNDER THE TERMS AND CONDITIONS 930
OF A NPDES PERMIT ISSUED UNDER THIS SECTION. 932
(K) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A NPDES 935
PERMIT ISSUED UNDER THIS SECTION FOR CAUSE AS ESTABLISHED BY 936
RULE. NO NPDES PERMIT ISSUED UNDER THIS SECTION SHALL BE 937
MODIFIED, SUSPENDED, OR REVOKED WITHOUT A WRITTEN ORDER STATING 938
THE FINDINGS THAT LED TO THE MODIFICATION, SUSPENSION, OR 939
REVOCATION. A COPY OF THE ORDER SHALL BE SENT BY CERTIFIED MAIL 940
TO THE PERSON TO WHICH THE NPDES PERMIT WAS ISSUED. 941
(L) EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 903.03 943
OF THE REVISED CODE, A NPDES PERMIT MAY BE TRANSFERRED UPON THE 944
SALE OF THE AGRICULTURAL OPERATION OR OTHER FACILITY FOR WHICH IT 946
WAS ISSUED TO THE NEW OWNER OR OPERATOR OF THE AGRICULTURAL 947
OPERATION OR FACILITY IN ACCORDANCE WITH RULES. 948
(M)(1) THE DIRECTOR OF AGRICULTURE IS AUTHORIZED TO 950
PARTICIPATE IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION 951
SYSTEM IN ACCORDANCE WITH THE FEDERAL WATER POLLUTION CONTROL 953
ACT. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE 954
DATE OF THIS SECTION, THE DIRECTOR SHALL PREPARE A STATE PROGRAM 955
IN ACCORDANCE WITH 40 C.F.R. 123.21 FOR POINT SOURCES THAT ARE 956
SUBJECT TO THIS SECTION AND SHALL SUBMIT THE PROGRAM TO THE 957
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR APPROVAL. 958
(2) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 960
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE STATE PROGRAM 962
SUBMITTED UNDER DIVISION (M)(1) OF THIS SECTION, THE AUTHORITY TO 963
ENFORCE TERMS AND CONDITIONS OF NPDES PERMITS PREVIOUSLY ISSUED 964
UNDER DIVISION (J) OF SECTION 6111.03 OR UNDER SECTION 6111.035 966
23
OF THE REVISED CODE TO AGRICULTURAL OPERATIONS OR TO ANY OTHER 968
PERSON WHO DISCHARGES, TRANSPORTS, OR OTHERWISE HANDLES MANURE IS 969
TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE 970
DIRECTOR OF AGRICULTURE. THEREAFTER, THE DIRECTOR OF 971
ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE 972
TERMS AND CONDITIONS OF THOSE PERMITS. AFTER THE TRANSFER OF 973
AUTHORITY UNDER DIVISION (M)(2) OF THIS SECTION, THE NPDES 974
PERMITS CONCERNING WHICH AUTHORITY HAS BEEN TRANSFERRED SHALL BE 975
CONSIDERED TO HAVE BEEN ISSUED UNDER THIS SECTION. 977
(N) THIS SECTION, INCLUDING THE STATE PROGRAM AUTHORIZED 979
IN DIVISION (M)(1) OF THIS SECTION, SHALL BE ADMINISTERED IN A 980
MANNER CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT. 982
(O) THE ISSUANCE, DENIAL, MODIFICATION, SUSPENSION, OR 984
REVOCATION OF A PERMIT BY THE DIRECTOR MAY BE APPEALED TO THE 985
ENVIRONMENTAL REVIEW APPEALS COMMISSION AS PROVIDED IN SECTIONS 986
3745.04 TO 3745.06 OF THE REVISED CODE. 987
Sec. 903.05. THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES 990
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO ALL 991
OF THE FOLLOWING:
(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING LIVESTOCK 994
MANAGER CERTIFICATION REQUIRED UNDER SECTION 903.07 OF THE 997
REVISED CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR A 1,000
LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT OF THE APPLICATION 1,001
FEE;
(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED 1,003
AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR 1,004
A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING SHALL INCLUDE 1,006
AND THE EXAMINATION SHALL TEST THE APPLICANT'S KNOWLEDGE OF 1,007
INFORMATION ON TOPICS THAT INCLUDE, WITHOUT LIMITATION, 1,008
CALCULATING NUTRIENT VALUES IN MANURE, DEVISING AND IMPLEMENTING 1,009
A PLAN FOR THE LAND APPLICATION OF MANURE, REMOVING MANURE HELD 1,010
IN A MANURE STORAGE OR TREATMENT FACILITY, AND FOLLOWING BEST 1,011
MANAGEMENT PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD 1,012
24
ANIMALS AND MANURE MANAGEMENT, INCLUDING PRACTICES THAT CONTROL 1,014
ODOR AND PROTECT THE ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER 1,015
TYPES OF RECOGNIZED TRAINING PROGRAMS THAT, IF COMPLETED, ARE 1,016
CONSIDERED TO SATISFY THE TRAINING AND EXAMINATION REQUIREMENT. 1,017
(3) CRITERIA AND PROCEDURES FOR THE DENIAL, SUSPENSION, 1,019
REVOCATION, OR REINSTATEMENT OF A LIVESTOCK MANAGER 1,021
CERTIFICATION;
(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER 1,023
CERTIFICATIONS WILL BE VALID AND PROCEDURES FOR THEIR RENEWAL; 1,025
(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, 1,027
OR SOLD ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE 1,028
REQUIRED TO OBTAIN A LIVESTOCK MANAGER CERTIFICATION UNDER 1,029
DIVISION (A)(2) OF SECTION 903.07 OF THE REVISED CODE; 1,030
(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND 1,032
ENFORCE SECTION 903.07 OF THE REVISED CODE. 1,035
(B) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND 1,037
RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.09 OF THE REVISED 1,039
CODE: 1,040
(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND RODENT 1,043
CONTROL PLAN;
(2) CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING 1,046
MODIFICATION OF AN INSECT AND RODENT CONTROL PLAN; 1,047
(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR VIOLATION 1,050
OF AN INSECT AND RODENT CONTROL PLAN;
(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND 1,052
RODENT CONTROL PLANS; 1,053
(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND 1,055
RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING OPERATIONS AT 1,057
WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY
AFFECT PUBLIC HEALTH; 1,058
(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN 1,060
INSECT AND RODENT CONTROL PLAN ASSESSED UNDER SECTION 903.14 OF 1,061
THE REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION 1,062
(B)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF 1,063
25
MORE THAN TEN THOUSAND DOLLARS FOR A VIOLATION INVOLVING A 1,064
CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN 1,065
CAPACITY OF TEN THOUSAND OR FEWER ANIMAL UNITS AND SHALL NOT 1,066
ESTABLISH A CIVIL PENALTY OF MORE THAN TWENTY-FIVE THOUSAND 1,067
DOLLARS FOR A VIOLATION INVOLVING A MAJOR CONCENTRATED ANIMAL
FEEDING OPERATION. 1,068
(C) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS 1,070
ISSUED UNDER SECTION 903.02 OF THE REVISED CODE: 1,073
(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION OF A 1,076
CONCENTRATED ANIMAL FEEDING OPERATION;
(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN 1,079
INITIAL PERMIT APPLICATION AND AN APPLICATION FOR A PERMIT
MODIFICATION; 1,080
(3) INFORMATION THAT MUST BE INCLUDED IN DESIGN AND 1,083
ENGINEERING PLANS REQUIRED TO BE SUBMITTED WITH THE PERMIT 1,084
APPLICATION AND CRITERIA FOR APPROVING, DISAPPROVING, OR 1,085
REQUIRING MODIFICATION OF THE PLANS;
(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE 1,087
MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH A PERMIT 1,088
APPLICATION; 1,089
(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION 1,091
FOR THE MODIFICATION OF A PERMIT THAT INITIALLY WAS ISSUED UNDER 1,092
DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE 1,094
INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL 1,095
FEEDING OPERATION AND OF A PERMIT THAT INITIALLY WAS ISSUED UNDER 1,096
SECTION 903.02 OF THE REVISED CODE; 1,097
(6) ANY ADDITIONAL INFORMATION THAT MUST BE INCLUDED WITH 1,100
A PERMIT APPLICATION;
(7) A DEFINITION OF WHAT CONSTITUTES SIGNIFICANT PUBLIC 1,102
INTEREST FOR THE PURPOSES OF DIVISION (E) OF SECTION 903.02 OF 1,103
THE REVISED CODE AND PROCEDURES FOR PUBLIC MEETINGS AND PUBLIC 1,104
HEARINGS HELD UNDER THAT DIVISION. THE RULES SHALL PROVIDE THAT 1,107
INFORMATION PRESENTED AT SUCH A PUBLIC MEETING OR HEARING BE 1,108
LIMITED TO THE CRITERIA DETERMINED BY THE DIRECTOR TO BE 1,109
26
ESSENTIAL TO THE ISSUANCE OF THE PERMIT THAT IS THE SUBJECT OF 1,110
THE PUBLIC MEETING OR HEARING.
(8) GROUNDS FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A 1,113
PERMIT IN ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION (F) OF 1,114
SECTION 903.02 OF THE REVISED CODE. 1,116
(D) ESTABLISH BEST MANAGEMENT PRACTICES THAT MINIMIZE 1,119
WATER POLLUTION, ODORS, INSECTS, AND RODENTS AND THAT GOVERN ALL
OF THE FOLLOWING ACTIVITIES THAT OCCUR AT A CONCENTRATED ANIMAL 1,121
FEEDING OPERATION:
(1) MANURE MANAGEMENT, INCLUDING, WITHOUT LIMITATION, THE 1,124
STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF
MANURE. RULES ADOPTED UNDER DIVISION (D)(1) OF THIS SECTION 1,126
SHALL INCLUDE PRACTICES THAT PREVENT GROUND WATER CONTAMINATION 1,128
CAUSED BY THE LAND APPLICATION OF MANURE OR THE CONTAMINATION OF 1,129
WATER IN DRAINAGE TILES THAT MAY BE CAUSED BY THAT APPLICATION. 1,130
(2) DISPOSAL OF DEAD LIVESTOCK; 1,132
(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS 1,134
APPROPRIATE. 1,135
BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED 1,137
UNDER DIVISION (D) OF THIS SECTION SHALL NOT CONFLICT WITH BEST 1,139
MANAGEMENT PRACTICES ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED 1,140
UNDER ANY OTHER SECTION OF THE REVISED CODE AND THAT ARE IN 1,142
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION. 1,143
(E) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED UNDER 1,145
SECTION 903.14 OF THE REVISED CODE FOR VIOLATION OF THE TERMS OF 1,146
A PERMIT, PROVIDED THAT THE RULES ADOPTED UNDER THIS DIVISION 1,147
SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TEN THOUSAND 1,148
DOLLARS FOR EACH VIOLATION;
(F) ESTABLISH ALL OF THE FOLLOWING CONCERNING NPDES 1,150
PERMITS ISSUED UNDER SECTION 903.04 OF THE REVISED CODE: 1,151
(1) A LIST OF THE CATEGORIES OF POINT SOURCES THAT 1,153
DISCHARGE AGRICULTURAL POLLUTANTS OR STORM WATER INTO WATERS OF 1,154
THE STATE THAT ARE SUBJECT TO PERMIT REQUIREMENTS UNDER THAT 1,155
SECTION. THE CATEGORIES SHALL INCLUDE ONLY POINT SOURCES FOR 1,156
27
WHICH THE ISSUANCE OF NPDES PERMITS IS REQUIRED UNDER THE FEDERAL 1,157
WATER POLLUTION CONTROL ACT. 1,158
(2) EFFLUENT LIMITATIONS GOVERNING DISCHARGES INTO WATERS 1,161
OF THE STATE THAT ARE AUTHORIZED BY PERMITS;
(3) VARIANCES FROM EFFLUENT LIMITATIONS AND OTHER PERMIT 1,163
REQUIREMENTS TO THE EXTENT THAT THE VARIANCES ARE CONSISTENT WITH 1,164
THE FEDERAL WATER POLLUTION CONTROL ACT; 1,166
(4) TERMS AND CONDITIONS TO BE INCLUDED IN A PERMIT, 1,168
INCLUDING, AS APPLICABLE, BEST MANAGEMENT PRACTICES; INSTALLATION 1,169
OF DISCHARGE OR WATER QUALITY MONITORING METHODS OR EQUIPMENT; 1,170
CREATION AND RETENTION OF RECORDS; SUBMISSION OF PERIODIC 1,171
REPORTS; SCHEDULES OF COMPLIANCE; NET VOLUME, NET WEIGHT, AND, 1,172
WHERE NECESSARY, CONCENTRATION AND MASS LOADING LIMITS OF 1,173
AGRICULTURAL POLLUTANTS THAT MAY BE DISCHARGED INTO WATERS OF THE 1,175
STATE; AND AUTHORIZED DURATION AND FREQUENCY OF ANY DISCHARGES 1,176
INTO WATERS OF THE STATE;
(5) PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR 1,178
PERMITS, INCLUDING INFORMATION THAT MUST BE INCLUDED IN THE 1,179
APPLICATIONS. THE RULES SHALL INCLUDE PROVISIONS DIRECTING A 1,180
PERSON WHO IS REQUIRED TO OBTAIN BOTH A PERMIT UNDER SECTION 1,181
903.02 AND A NPDES PERMIT UNDER SECTION 903.04 OF THE REVISED 1,183
CODE TO SUBMIT APPLICATIONS FOR THOSE PERMITS SIMULTANEOUSLY. 1,184
(6) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN 1,186
APPLICATION FOR A PERMIT; 1,187
(7) PROCEDURES FOR PROCESSING PERMIT APPLICATIONS, 1,189
INCLUDING PUBLIC NOTICE AND PARTICIPATION REQUIREMENTS. IF A 1,190
PERSON IS REQUIRED TO OBTAIN BOTH A PERMIT UNDER SECTION 903.02 1,191
AND A NPDES PERMIT UNDER SECTION 903.04 OF THE REVISED CODE AND 1,194
THE DIRECTOR DETERMINES THAT PUBLIC HEARINGS ARE NECESSARY FOR
BOTH PERMITS, THE HEARINGS FOR THE PERMITS SHALL BE COMBINED AND 1,195
SHALL ADDRESS THE ISSUANCE OF BOTH PERMITS. 1,197
(8) AN ANTIDEGRADATION POLICY CONSISTENT WITH THE 1,199
ANTIDEGRADATION POLICY THAT IS REQUIRED TO BE ESTABLISHED UNDER 1,200
SECTION 6111.12 OF THE REVISED CODE. THE ANTIDEGRADATION POLICY 1,202
28
ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F)(8) OF THIS 1,203
SECTION ALSO SHALL APPLY TO PERMITS ISSUED UNDER SECTION 903.02 1,204
OF THE REVISED CODE IF THE DIRECTOR DETERMINES THAT THE 1,205
APPLICATION IS NECESSARY IN ORDER TO COMPLY WITH THE POLICY THAT 1,206
IS REQUIRED TO BE ESTABLISHED UNDER SECTION 6111.12 OF THE
REVISED CODE.
(9) PROCEDURES FOR NOTIFYING THE UNITED STATES 1,208
ENVIRONMENTAL PROTECTION AGENCY OF THE SUBMISSION OF PERMIT 1,210
APPLICATIONS, THE DIRECTOR'S ACTION ON THOSE APPLICATIONS, AND 1,211
ANY OTHER REASONABLE AND RELEVANT INFORMATION; 1,212
(10) PROCEDURES FOR NOTIFYING AND RECEIVING AND RESPONDING 1,214
TO RECOMMENDATIONS FROM OTHER STATES WHOSE WATERS MAY BE AFFECTED 1,216
BY THE ISSUANCE OF A PERMIT;
(11) PROCEDURES FOR THE TRANSFER OF PERMITS TO NEW OWNERS 1,218
OR OPERATORS; 1,219
(12) GROUNDS AND PROCEDURES FOR THE DENIAL, MODIFICATION, 1,221
SUSPENSION, OR REVOCATION OF PERMITS. 1,222
THE RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION SHALL 1,224
BE CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL WATER 1,226
POLLUTION CONTROL ACT. 1,227
(G) ESTABLISH PROCEDURES FOR THE PROTECTION OF TRADE 1,229
SECRETS FROM PUBLIC DISCLOSURE. THE PROCEDURES SHALL AUTHORIZE 1,230
THE RELEASE OF TRADE SECRETS TO OFFICERS, EMPLOYEES, OR 1,231
AUTHORIZED REPRESENTATIVES OF THE STATE, ANOTHER STATE, OR THE 1,232
UNITED STATES WHEN NECESSARY FOR AN ENFORCEMENT ACTION BROUGHT 1,234
UNDER THIS CHAPTER OR WHEN OTHERWISE REQUIRED BY THE FEDERAL 1,235
WATER POLLUTION CONTROL ACT. THE RULES SHALL REQUIRE AT LEAST 1,237
TEN DAYS' WRITTEN NOTICE TO THE PERSON TO WHOM A TRADE SECRET 1,238
APPLIES PRIOR TO THE RELEASE OF THE TRADE SECRET. RULES ADOPTED
UNDER THIS DIVISION DO NOT APPLY TO ANY INFORMATION THAT IS 1,239
CONTAINED IN APPLICATIONS, INCLUDING ATTACHMENTS, FOR NPDES 1,241
PERMITS AND THAT IS REQUIRED TO BE SUBMITTED UNDER SECTION 903.04 1,242
OF THE REVISED CODE OR RULES ADOPTED UNDER DIVISION (F) OF THIS 1,243
SECTION.
29
(H) ESTABLISH BOTH OF THE FOLLOWING FOR THE PURPOSES OF 1,246
REVIEW COMPLIANCE CERTIFICATES ISSUED UNDER SECTION 903.021 OF 1,247
THE REVISED CODE:
(1) THE FORM OF A CERTIFICATE; 1,249
(2) CRITERIA FOR WHAT CONSTITUTES A SIGNIFICANT CAPITAL 1,251
EXPENDITURE UNDER DIVISION (C) OF THAT SECTION. 1,252
(I) ESTABLISH ANY OTHER PROVISIONS NECESSARY TO ADMINISTER 1,255
AND ENFORCE THIS CHAPTER. 1,256
Sec. 903.06. (A) THE DIRECTOR OF AGRICULTURE OR THE 1,258
DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY 1,259
ENTER ON ANY PUBLIC OR PRIVATE PROPERTY, REAL OR PERSONAL, TO 1,261
MAKE INVESTIGATIONS AND INSPECTIONS, INCLUDING THE SAMPLING OF 1,262
DISCHARGES AND THE INSPECTION OF DISCHARGE MONITORING EQUIPMENT, 1,263
OR TO OTHERWISE EXECUTE DUTIES THAT ARE NECESSARY FOR THE 1,265
ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE DIRECTOR OR 1,266
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY 1,267
EXAMINE AND COPY ANY RECORDS PERTAINING TO DISCHARGES THAT ARE
SUBJECT TO THIS CHAPTER OR ANY RECORDS THAT ARE REQUIRED TO BE 1,268
MAINTAINED BY THE TERMS AND CONDITIONS OF A NPDES PERMIT ISSUED 1,269
UNDER SECTION 903.04 OF THE REVISED CODE. IF REFUSED ENTRY, THE 1,271
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY APPLY
FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION MAY ISSUE 1,272
AN APPROPRIATE WARRANT. 1,273
(B) NO PERSON TO WHOM A PERMIT HAS BEEN ISSUED UNDER THIS 1,275
CHAPTER SHALL REFUSE ENTRY TO THE DIRECTOR OR THE DIRECTOR'S 1,276
AUTHORIZED REPRESENTATIVE OR PURPOSELY HINDER OR THWART THE 1,277
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE IN THE 1,278
EXERCISE OF ANY AUTHORITY GRANTED UNDER DIVISION (A) OF THIS 1,279
SECTION.
Sec. 903.07. (A) ON AND AFTER THE DATE THAT IS EIGHTEEN 1,281
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, BOTH OF THE 1,282
FOLLOWING APPLY:
(1) THE MANAGEMENT AND HANDLING OF MANURE AT A MAJOR 1,285
CONCENTRATED ANIMAL FEEDING OPERATION, INCLUDING, WITHOUT 1,286
30
LIMITATION, THE LAND APPLICATION OF MANURE OR THE REMOVAL OF 1,287
MANURE FROM A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE 1,288
CONDUCTED ONLY BY OR UNDER THE SUPERVISION OF A PERSON HOLDING A 1,290
VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION. 1,291
A PERSON MANAGING OR HANDLING MANURE WHO IS ACTING UNDER THE 1,293
INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A VALID LIVESTOCK 1,294
MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE SUPERVISION 1,295
OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER IS 1,296
RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE WHEN 1,297
NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT PHYSICALLY 1,298
PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR HANDLING. 1,299
(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL ANNUALLY THE 1,302
VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF
AGRICULTURE UNDER DIVISION (A)(5) OF SECTION 903.05 OF THE 1,304
REVISED CODE UNLESS THE PERSON HOLDS A VALID LIVESTOCK MANAGER 1,305
CERTIFICATION ISSUED UNDER THIS SECTION. 1,306
(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER 1,308
CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE 1,309
APPLICATION FOR CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED 1,310
BY THE DIRECTOR, TOGETHER WITH THE APPROPRIATE APPLICATION FEE, 1,311
AND WHO HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS 1,312
PASSED THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR 1,313
REVOKE A LIVESTOCK MANAGER CERTIFICATION AND MAY REINSTATE A 1,315
SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN
ACCORDANCE WITH RULES. 1,316
(C) INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION 1,319
FOR A LIVESTOCK MANAGER CERTIFICATION, THE AMOUNT OF THE 1,320
APPLICATION FEE, AND REQUIREMENTS REGARDING TRAINING AND THE 1,321
EXAMINATION SHALL BE ESTABLISHED IN RULES. 1,322
Sec. 903.08. (A) THE DIRECTOR OF AGRICULTURE MAY ENTER 1,324
INTO CONTRACTS OR AGREEMENTS TO CARRY OUT THE PURPOSES OF THIS 1,327
CHAPTER WITH ANY PERSON OR PUBLIC OR PRIVATE ORGANIZATION, 1,328
INCLUDING, WITHOUT LIMITATION, THE OHIO STATE UNIVERSITY 1,330
EXTENSION SERVICE, THE NATURAL RESOURCES CONSERVATION SERVICE IN 1,331
31
THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE ENVIRONMENTAL 1,334
PROTECTION AGENCY, THE DIVISION OF SOIL AND WATER CONSERVATION IN 1,335
THE DEPARTMENT OF NATURAL RESOURCES, AND SOIL AND WATER 1,336
CONSERVATION DISTRICTS ESTABLISHED UNDER CHAPTER 1515. OF THE 1,337
REVISED CODE. HOWEVER, THE DIRECTOR SHALL NOT ENTER INTO A 1,338
CONTRACT OR AGREEMENT UNDER THIS DIVISION FOR THE REVIEW OF 1,340
APPLICATIONS FOR NPDES PERMITS SUBMITTED UNDER SECTION 903.04 OF 1,341
THE REVISED CODE OR FOR THE ISSUANCE OF THOSE PERMITS. 1,342
(B) THE DIRECTOR MAY ADMINISTER GRANTS AND LOANS USING 1,344
MONEYS FROM THE FEDERAL GOVERNMENT AND OTHER SOURCES, PUBLIC OR 1,346
PRIVATE, FOR CARRYING OUT ANY OF THE DIRECTOR'S FUNCTIONS, 1,347
INCLUDING MONEYS FROM THE WATER POLLUTION CONTROL FUND 1,348
ESTABLISHED UNDER SECTION 6111.036 OF THE REVISED CODE AND THE 1,350
NONPOINT SOURCE POLLUTION MANAGEMENT FUND ESTABLISHED UNDER
SECTION 6111.037 OF THE REVISED CODE. 1,351
Sec. 903.09. (A) AS USED IN THIS SECTION: 1,353
(1) "OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING 1,355
OPERATION. 1,356
(2) "OWNER" INCLUDES AN OWNER OR OPERATOR OF A 1,358
CONCENTRATED ANIMAL FEEDING OPERATION. 1,359
(3) "PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN 1,361
PREPARED UNDER THIS SECTION. 1,362
(B) AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION 1,365
SHALL PREPARE AND SUBMIT TO THE DIRECTOR OF AGRICULTURE IN 1,366
ACCORDANCE WITH RULES AN INSECT AND RODENT CONTROL PLAN DESIGNED 1,368
TO MINIMIZE THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND 1,369
RODENTS AT THE OPERATION AND IN SURROUNDING AREAS, INCLUDING, 1,370
WITHOUT LIMITATION, LAND ON WHICH MANURE IS STORED OR APPLIED. 1,371
THE PLAN SHALL CONFORM TO BEST MANAGEMENT PRACTICES ESTABLISHED 1,372
IN RULES. THE DIRECTOR SHALL APPROVE OR DENY THE PLAN NOT LATER 1,373
THAN THIRTY DAYS FOLLOWING ITS RECEIPT AND MAY REQUIRE 1,375
MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN
ACCORDANCE WITH RULES. 1,376
(C) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER 1,379
32
THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL OWN OR
OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNLESS AN INSECT 1,380
AND RODENT CONTROL PLAN FOR THE OPERATION HAS BEEN APPROVED BY 1,382
THE DIRECTOR.
(D) THE DIRECTOR SHALL ENFORCE AN INSECT AND RODENT 1,385
CONTROL PLAN IN ACCORDANCE WITH RULES AND SHALL ASSESS A CIVIL 1,386
PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.14 OF THE 1,388
REVISED CODE AGAINST AN OWNER OF A CONCENTRATED ANIMAL FEEDING 1,390
OPERATION WHO OPERATES IT WITHOUT A PLAN APPROVED BY THE DIRECTOR 1,392
OR WHO VIOLATES THE OPERATION'S PLAN. 1,393
Sec. 903.10. ALL MONEY COLLECTED BY THE DIRECTOR OF 1,395
AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02, 903.04, 1,396
AND 903.07 OF THE REVISED CODE AND FROM CIVIL PENALTIES UNDER 1,400
SECTIONS 903.11 AND 903.14 TO 903.16 OF THE REVISED CODE, AND ALL 1,402
MONEY COLLECTED UNDER DIVISION (B) OF SECTION 903.17 OF THE 1,403
REVISED CODE SHALL BE DEPOSITED IN THE LIVESTOCK MANAGEMENT FUND, 1,404
WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO 1,405
THE FUND SHALL BE USED SOLELY IN THE ADMINISTRATION OF THIS 1,407
CHAPTER.
Sec. 903.11. (A) A PERSON WHO IS AGGRIEVED OR ADVERSELY 1,410
AFFECTED BY AN ALLEGED NUISANCE RELATED TO A CONCENTRATED ANIMAL 1,411
FEEDING OPERATION MAY SUBMIT A COMPLAINT TO THE DIRECTOR OF 1,412
AGRICULTURE ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT MAY 1,413
BE MADE ORALLY OR IN WRITING. IF THE COMPLAINT IS MADE IN 1,414
WRITING, IT SHALL BE SIGNED BY THE PERSON MAKING IT AND DATED. 1,415
(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED 1,417
COMPLAINT, THE DIRECTOR SHALL, OR AFTER RECEIVING AN ORAL 1,418
COMPLAINT THE DIRECTOR MAY, CAUSE AN INVESTIGATION TO BE 1,419
CONDUCTED TO DETERMINE IF THE OWNER OR OPERATOR OF THE 1,420
CONCENTRATED ANIMAL FEEDING OPERATION IS COMPLYING WITH A PERMIT 1,421
ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT PRACTICES 1,422
ESTABLISHED IN RULES.
(C)(1) IF, UPON COMPLETION OF THE INVESTIGATION, THE 1,425
DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR IS IN COMPLIANCE 1,426
33
WITH A PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT 1,427
PRACTICES, THE DIRECTOR SHALL DISMISS THE COMPLAINT AND NOTIFY 1,428
THE COMPLAINANT AND THE OWNER OR OPERATOR OF THE DISMISSAL. 1,429
(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR 1,432
IS NOT IN COMPLIANCE WITH A PERMIT ISSUED UNDER THIS CHAPTER OR
WITH BEST MANAGEMENT PRACTICES, BOTH OF THE FOLLOWING APPLY: 1,434
(a) THE DIRECTOR SHALL ISSUE AN ORDER IN ACCORDANCE WITH 1,437
CHAPTER 119. OF THE REVISED CODE THAT DESCRIBES THE DEFICIENCIES 1,438
RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE OWNER OR 1,439
OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE TIME 1,440
PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE 1,441
DEFICIENCIES AND ATTAIN COMPLIANCE WITH THE PERMIT OR WITH BEST
MANAGEMENT PRACTICES. 1,442
(b) THE DIRECTOR MAY CONDUCT AN ADJUDICATION HEARING IN 1,444
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE 1,448
ISSUE OF COMPLIANCE WITH THE PERMIT OR WITH BEST MANAGEMENT 1,449
PRACTICES. IF THE ADJUDICATION HEARING CONFIRMS THE DIRECTOR'S 1,450
DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, 1,452
THE DIRECTOR MAY ASSESS A CIVIL PENALTY AGAINST THE OWNER OR 1,453
OPERATOR IN AN AMOUNT ESTABLISHED IN RULES. THE OWNER OR
OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING. 1,454
(D) IF THE OWNER OR OPERATOR FAILS TO ATTAIN COMPLIANCE 1,457
WITHIN THE TIME PERIOD SPECIFIED IN THE ORDER, THE DIRECTOR SHALL 1,458
CONDUCT AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. 1,459
OF THE REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH A 1,461
PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT
PRACTICES. IF THE ADJUDICATION HEARING CONFIRMS THE DIRECTOR'S 1,463
DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, 1,464
THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE OWNER OR 1,465
OPERATOR IN AN AMOUNT ESTABLISHED IN RULES. THE OWNER OR
OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING. 1,466
Sec. 903.12. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED 1,468
NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A 1,469
CONCENTRATED ANIMAL FEEDING OPERATION, IT IS AN AFFIRMATIVE 1,470
34
DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE RESPONSIBLE 1,472
FOR THE CONCENTRATED ANIMAL FEEDING OPERATION IS IN COMPLIANCE 1,473
WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES AND THE
AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL 1,474
LAWS GOVERNING NUISANCES. 1,475
Sec. 903.13. PRIOR TO FILING A PRIVATE CIVIL ACTION FOR AN 1,478
ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT
A CONCENTRATED ANIMAL FEEDING OPERATION, THE PARTIES TO THE 1,480
DISPUTE SHALL SUBMIT THE DISPUTE TO AN ARBITRATOR FOR NONBINDING 1,481
ARBITRATION. THE PARTIES SHALL PAY THE ARBITRATOR A REASONABLE
COMPENSATION BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE 1,482
RENDERED. THE COST OF THE ARBITRATOR'S SERVICES SHALL BE DIVIDED 1,483
PROPORTIONATELY AMONG THE PARTIES. 1,484
IF THE DECISION REACHED BY THE ARBITRATOR IS NOT ACCEPTED 1,486
BY ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE A 1,488
CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN
SUBMITTED TO NONBINDING ARBITRATION. NO ORAL OR WRITTEN 1,489
STATEMENT PREPARED FOR OR MADE IN THE NONBINDING ARBITRATION BY 1,491
THE ARBITRATOR OR ANY OF THE PARTIES, INCLUDING ANY MENTAL 1,492
IMPRESSION, RECOMMENDATION, OR DECISION BY THE ARBITRATOR, IS 1,493
SUBJECT TO DISCOVERY OR ADMISSIBLE INTO EVIDENCE IN ANY 1,494
LITIGATION OR PROCEEDING FOR ANY PURPOSE, INCLUDING IMPEACHMENT. 1,495
THE ARBITRATOR SHALL BE DISQUALIFIED AS A WITNESS, CONSULTANT, OR 1,496
EXPERT ON ANY SUBJECT THAT IS RELATED TO THE ARBITRATION. 1,497
Sec. 903.14. WHENEVER THE DIRECTOR OF AGRICULTURE, OR THE 1,499
DIRECTOR'S AUTHORIZED REPRESENTATIVE, HAS CAUSE TO BELIEVE THAT 1,500
ANY PERSON HAS VIOLATED, OR IS VIOLATING, DIVISION (A) OF SECTION 1,502
903.07 OR DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE, THE 1,505
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY CONDUCT 1,506
AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,509
REVISED CODE TO DETERMINE IF A VIOLATION HAS OCCURRED. IF THE 1,511
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE DETERMINES 1,512
THAT THE PERSON HAS VIOLATED OR IS VIOLATING DIVISION (A) OF 1,514
SECTION 903.07 OR DIVISION (C) OF SECTION 903.09 OF THE REVISED 1,517
35
CODE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE 1,518
PERSON. THE OWNER OR OPERATOR MAY WAIVE THE RIGHT TO SUCH AN 1,519
ADJUDICATION HEARING.
A PERSON WHO HAS VIOLATED DIVISION (A) OF SECTION 903.07 OF 1,522
THE REVISED CODE SHALL PAY A CIVIL PENALTY OF NOT MORE THAN TEN 1,524
THOUSAND DOLLARS FOR EACH VIOLATION. A PERSON WHO HAS VIOLATED 1,525
DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE SHALL PAY, FOR 1,527
EACH VIOLATION, A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN 1,528
RULES. IN THE CASE OF A VIOLATION OF DIVISION (A) OF SECTION 1,530
903.07 OF THE REVISED CODE, EACH THIRTY-DAY PERIOD DURING WHICH 1,533
THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION. IN THE 1,534
CASE OF A VIOLATION OF DIVISION (C) OF SECTION 903.09 OF THE 1,536
REVISED CODE, EACH SEVEN-DAY PERIOD DURING WHICH THE VIOLATION 1,538
CONTINUES CONSTITUTES A SEPARATE VIOLATION. 1,539
Sec. 903.15. (A)(1) AS USED IN DIVISION (A) OF THIS 1,541
SECTION, "PERMIT" MEANS A PERMIT FOR THE INSTALLATION OF A 1,543
DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION ISSUED 1,544
UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE 1,545
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, A REVIEW COMPLIANCE 1,546
CERTIFICATE ISSUED UNDER SECTION 903.021 OF THE REVISED CODE, OR 1,547
A PERMIT ISSUED UNDER SECTION 903.02 OF THE REVISED CODE. 1,548
(2) THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE WITH AN 1,550
ADJUDICATION HEARING CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF 1,551
THE REVISED CODE, MAY ISSUE, MODIFY, OR REVOKE ORDERS AND ASSESS 1,553
CIVIL PENALTIES TO ENSURE THAT THE OWNER OR OPERATOR OF A 1,554
CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT HAS BEEN 1,555
ISSUED COMPLIES WITH THE TERMS OF THE PERMIT, INCLUDING, BUT NOT 1,556
LIMITED TO, THE MANURE MANAGEMENT PLAN AND THE INSECT AND RODENT 1,557
CONTROL PLAN. THE AMOUNT OF THE CIVIL PENALTIES SHALL BE 1,558
ESTABLISHED IN RULES.
DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO 1,560
ENFORCEMENT OF REQUIREMENTS GOVERNING LIVESTOCK MANAGER 1,561
CERTIFICATION. THOSE REQUIREMENTS SHALL BE ENFORCED IN 1,562
ACCORDANCE WITH SECTIONS 903.07 AND 903.14 OF THE REVISED CODE. 1,564
36
(B) ON THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS 1,566
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF SECTION 1,567
903.02 OF THE REVISED CODE, THE AUTHORITY TO ENFORCE TERMS AND 1,569
CONDITIONS OF PERMITS ISSUED PRIOR TO THAT DATE UNDER DIVISION 1,571
(J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE 1,572
INSTALLATION OF DISPOSAL SYSTEMS FOR AGRICULTURAL POLLUTANTS 1,574
SHALL BE TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL 1,575
PROTECTION TO THE DIRECTOR OF AGRICULTURE. ON AND AFTER THAT 1,576
DATE, THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO 1,578
AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THOSE PERMITS. 1,579
(C)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF 1,581
THE DIRECTOR OF AGRICULTURE, SHALL BRING AN ACTION FOR AN 1,582
INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION AGAINST ANY 1,583
PERSON VIOLATING OR THREATENING TO VIOLATE SECTION 903.02 OF THE 1,585
REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED 1,587
UNDER DIVISION (C) OF SECTION 903.05 OF THE REVISED CODE, OR AN 1,588
ORDER ISSUED UNDER DIVISION (A)(2) OF THIS SECTION. THE COURT 1,590
SHALL GRANT AN INJUNCTION RESTRAINING THE PERSON FROM THE 1,591
VIOLATION OR THREATENED VIOLATION IF THE ACTIVITY ENDANGERS 1,592
PUBLIC HEALTH OR THE ENVIRONMENT.
(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION 1,594
(A)(2) OF THIS SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE 1,595
ATTORNEY GENERAL TO BRING AN ACTION FOR A CIVIL PENALTY OF NOT 1,596
MORE THAN TEN THOUSAND DOLLARS PER VIOLATION IN A COURT OF 1,597
COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS 1,598
VIOLATING SECTION 903.02 OF THE REVISED CODE, A PERMIT ISSUED 1,599
UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (C) OF SECTION 1,600
903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION 1,602
(A)(2) OF THIS SECTION. FOR PURPOSES OF DETERMINING THE CIVIL 1,603
PENALTY TO BE ASSESSED UNDER DIVISION (C)(2) OF THIS SECTION, 1,604
EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND 1,605
DISTINCT VIOLATION.
Sec. 903.16. (A) THE DIRECTOR OF AGRICULTURE OR THE 1,607
DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY ISSUE, MODIFY, OR REVOKE 1,608
37
ORDERS IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 1,609
REQUIRING COMPLIANCE WITH SECTION 903.04 OF THE REVISED CODE, A 1,611
PERMIT ISSUED UNDER THAT SECTION, OR RULES ADOPTED UNDER DIVISION 1,612
(F) OF SECTION 903.05 OF THE REVISED CODE. TO THE EXTENT 1,613
CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT, THE 1,615
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL 1,616
CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS IN ISSUING 1,617
ORDERS UNDER THIS DIVISION AND SHALL ALLOW A REASONABLE PERIOD OF 1,618
TIME FOR COMING INTO COMPLIANCE WITH AN ORDER. NO PERSON SHALL 1,619
VIOLATE AN ORDER ISSUED UNDER THIS DIVISION. 1,620
(B) IF THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 1,622
REPRESENTATIVE HAS REASON TO BELIEVE THAT ANY PERSON HAS VIOLATED 1,624
OR IS VIOLATING SECTION 903.04 OF THE REVISED CODE, A PERMIT 1,626
ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (F) OF 1,627
SECTION 903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER 1,628
DIVISION (A) OF THIS SECTION, THE DIRECTOR OR THE DIRECTOR'S 1,629
AUTHORIZED REPRESENTATIVE MAY CONDUCT AN ADJUDICATION HEARING IN 1,630
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE 1,632
WHETHER A VIOLATION HAS OCCURRED OR IS OCCURRING. THE OWNER OR 1,633
OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING. IF 1,634
THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE 1,635
DETERMINES THAT A VIOLATION HAS OCCURRED OR IS OCCURRING, THE 1,636
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL ASSESS 1,637
A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER 1,638
VIOLATION AGAINST THE VIOLATOR. FOR PURPOSES OF DETERMINING THE 1,639
CIVIL PENALTY TO BE ASSESSED UNDER THIS DIVISION, EACH DAY THAT A 1,641
VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT 1,642
VIOLATION.
(C)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF 1,644
THE DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY 1,645
COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR 1,646
THREATENING TO VIOLATE SECTION 903.04 OF THE REVISED CODE, A 1,647
PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION 1,648
(F) OF SECTION 903.05 OF THE REVISED CODE, OR AN ORDER ISSUED 1,649
38
UNDER DIVISION (A) OF THIS SECTION. THE COURT SHALL GRANT AN 1,650
INJUNCTION RESTRAINING THE PERSON FROM THE VIOLATION OR 1,652
THREATENED VIOLATION IF THE ACTIVITY ENDANGERS PUBLIC HEALTH OR 1,654
THE ENVIRONMENT.
(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION (B) 1,656
OF THIS SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE 1,657
ATTORNEY GENERAL TO BRING AN ACTION FOR A CIVIL PENALTY OF NOT 1,658
MORE THAN TEN THOUSAND DOLLARS PER VIOLATION IN A COURT OF 1,659
COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS 1,660
VIOLATING SECTION 903.04 OF THE REVISED CODE, A PERMIT ISSUED 1,661
UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (F) OF SECTION 1,662
903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (A) 1,664
OF THIS SECTION. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY 1,666
TO BE ASSESSED UNDER DIVISION (C)(2) OF THIS SECTION, EACH DAY 1,667
THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT 1,668
VIOLATION.
Sec. 903.17. (A) NOTWITHSTANDING SECTIONS 903.15 AND 1,670
903.16 OF THE REVISED CODE, IF THE DIRECTOR OF AGRICULTURE 1,672
DETERMINES THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ACTION TO 1,673
PROTECT THE PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT, THE 1,674
DIRECTOR MAY ISSUE AN ORDER, WITHOUT NOTICE OR HEARING, STATING
THE EXISTENCE OF THE EMERGENCY AND REQUIRING THAT ACTION BE TAKEN 1,675
THAT IS NECESSARY TO MEET THE EMERGENCY. THE ORDER SHALL TAKE 1,676
EFFECT IMMEDIATELY. A PERSON TO WHOM THE ORDER IS DIRECTED SHALL 1,677
COMPLY IMMEDIATELY, BUT ON APPLICATION TO THE DIRECTOR SHALL BE 1,678
AFFORDED A HEARING AS SOON AS POSSIBLE AND NOT LATER THAN THIRTY 1,679
DAYS AFTER APPLICATION. ON THE BASIS OF THE HEARING, THE 1,680
DIRECTOR SHALL CONTINUE THE ORDER IN EFFECT, REVOKE IT, OR MODIFY
IT. NO EMERGENCY ORDER SHALL REMAIN IN EFFECT FOR MORE THAN ONE 1,681
HUNDRED TWENTY DAYS AFTER ITS ISSUANCE. 1,682
(B) A PERSON THAT IS RESPONSIBLE FOR CAUSING OR ALLOWING 1,684
THE UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF AGRICULTURAL 1,685
POLLUTANTS THAT REQUIRES EMERGENCY ACTION TO PROTECT PUBLIC 1,686
HEALTH OR SAFETY OR THE ENVIRONMENT IS LIABLE TO THE DIRECTOR FOR 1,687
39
THE COSTS INCURRED IN INVESTIGATING, MITIGATING, MINIMIZING, 1,688
REMOVING, OR ABATING THE SPILL, RELEASE, OR DISCHARGE. UPON 1,689
REQUEST OF THE DIRECTOR, THE ATTORNEY GENERAL SHALL BRING A CIVIL 1,690
ACTION AGAINST THE RESPONSIBLE PERSON OR PERSONS TO RECOVER THOSE 1,691
COSTS. MONEYS RECOVERED UNDER THIS DIVISION SHALL BE PAID INTO 1,692
THE STATE TREASURY TO THE CREDIT OF THE LIVESTOCK MANAGEMENT 1,693
FUND. 1,694
Sec. 903.18. (A) THERE IS HEREBY CREATED THE CONCENTRATED 1,697
ANIMAL FEEDING OPERATION ADVISORY COMMITTEE CONSISTING OF THE 1,698
DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL 1,700
RESOURCES AND THE DEAN OF THE COLLEGE OF FOOD, AGRICULTURAL, AND 1,701
ENVIRONMENTAL SCIENCES OF THE OHIO STATE UNIVERSITY, OR THEIR 1,702
DESIGNEES, AS MEMBERS EX OFFICIO, AND NINE MEMBERS TO BE 1,703
APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE APPOINTED 1,704
MEMBERS, ONE SHALL REPRESENT THE INTERESTS OF POULTRY PRODUCERS, 1,705
ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS, ONE SHALL 1,706
REPRESENT THE INTERESTS OF DAIRY FARMERS, ONE SHALL REPRESENT THE 1,707
INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL REPRESENT THE 1,708
INTERESTS OF SHEEP PRODUCERS, AND FOUR SHALL REPRESENT THE
INTERESTS OF THE PUBLIC. PRIOR TO MAKING AN APPOINTMENT OF A 1,710
MEMBER REPRESENTING THE INTERESTS OF POULTRY, SWINE, BEEF CATTLE, 1,711
OR SHEEP PRODUCERS OR DAIRY FARMERS, THE DIRECTOR SHALL SOLICIT 1,712
FROM THE APPROPRIATE STATEWIDE TRADE ASSOCIATIONS A LIST OF 1,713
SUGGESTED CANDIDATES TO REPRESENT THE INTERESTS OF THE SPECIES
CATEGORY ON THE COMMITTEE. THE MEMBERS REPRESENTING THE PUBLIC 1,715
SHALL NOT BE OWNERS OR OPERATORS OF CONCENTRATED ANIMAL FEEDING 1,716
OPERATIONS OR ASSOCIATED WITH SUCH OPERATIONS BY CONTRACT. 1,717
NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 1,720
SECTION, THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE COMMITTEE. 1,721
OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR TERMS ENDING ONE 1,722
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THREE SHALL BE FOR 1,723
TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, 1,724
AND THREE SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE 1,725
EFFECTIVE DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE 1,726
40
SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY 1,727
OF THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER 1,728
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,729
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 1,730
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 1,731
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 1,732
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 1,733
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 1,734
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 1,735
OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 1,736
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 1,737
THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR A 1,740
MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE, PROVIDED 1,741
THAT NO MEETING SHALL BE HELD ON THE CALL OF THE CHAIRPERSON 1,742
UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS PROVIDED TO 1,743
ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING OF THE 1,744
COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF AGRICULTURE 1,745
SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE AS ITS 1,746
CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS VICE-CHAIRPERSON. A 1,747
MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE IS NECESSARY TO 1,748
TAKE ACTION ON ANY MATTER. A VACANCY ON THE COMMITTEE DOES NOT 1,749
IMPAIR THE RIGHT OF THE OTHER MEMBERS TO EXERCISE ALL OF THE 1,750
COMMITTEE'S POWERS.
SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT 1,752
CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT 1,753
UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR 1,754
REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR 1,755
POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER 1,756
NOTICE AND A PUBLIC HEARING, MAY REMOVE ANY APPOINTED MEMBER OF 1,757
THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN 1,758
OFFICE. 1,759
APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 1,761
COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE 1,762
41
COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY 1,763
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS 1,764
MEMBERS OF THE COMMITTEE. 1,765
(B) THE COMMITTEE MAY DO EITHER OR BOTH OF THE FOLLOWING: 1,768
(1) ADOPT RULES OR PROCEDURES GOVERNING THE CONDUCT OF ITS 1,771
INTERNAL AFFAIRS;
(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE 1,773
DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, 1,774
AND DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS. 1,775
(C) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING: 1,778
(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE 1,780
ADMINISTRATION OF THIS CHAPTER; 1,781
(2) KEEP ABREAST OF ADVANCES IN MANURE MANAGEMENT 1,784
PRACTICES AND ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE, 1,785
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF THE RECENT 1,787
ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT
CONSTITUTES BEST MANAGEMENT PRACTICES; 1,788
(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, 1,790
PREPARE AND, UPON REQUEST, DISTRIBUTE WRITTEN MATERIALS DESIGNED 1,792
TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A NEW OR MODIFY AN 1,793
EXISTING CONCENTRATED ANIMAL FEEDING OPERATION IN APPLYING FOR A 1,794
PERMIT UNDER SECTION 903.02 OF THE REVISED CODE. THE MATERIALS 1,797
ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO
OBTAINING THAT PERMIT, IT MAY BE NECESSARY TO OBTAIN A NPDES 1,799
PERMIT UNDER SECTION 903.04 OF THE REVISED CODE FOR THE DISCHARGE 1,800
OF AGRICULTURAL POLLUTANTS OR STORM WATER. IN ADDITION, THE 1,801
WRITTEN MATERIALS SHALL INCLUDE INFORMATION ON THE MEANING OF A 1,802
"COMPLETE APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON THE 1,803
PUBLIC HEARING PROCESS IN CONNECTION WITH THE RELEVANT PERMITS 1,805
ISSUED UNDER THIS CHAPTER, AND A SUMMARY OF THE ANTIDEGRADATION
POLICY ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F)(8) OF 1,807
SECTION 903.05 OF THE REVISED CODE TOGETHER WITH AN INDICATION OF 1,808
THE POSSIBILITY THAT THE OWNER'S OR OPERATOR'S PROPOSED NEW OR 1,810
MODIFIED DISPOSAL SYSTEM FOR MANURE OR DISCHARGES MAY BE SUBJECT 1,811
42
TO THAT POLICY.
(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE 1,813
OF THIS SECTION, CONDUCT AN EXAMINATION OF THE SCIENTIFIC 1,814
APPROPRIATENESS OF THE DEFINITION OF "ANIMAL UNIT" IN SECTION 1,816
903.01 OF THE REVISED CODE AND PREPARE AND SUBMIT TO THE GENERAL
ASSEMBLY, THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, 1,817
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES THE COMMITTEE'S 1,818
FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES IN THAT 1,819
DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO REFLECT ON A MORE 1,821
SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES
AND TYPES OF CONCENTRATED ANIMAL FEEDING OPERATIONS. 1,822
(D) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 1,824
THE COMMITTEE.
Sec. 903.99. (A) WHOEVER VIOLATES DIVISION (B)(2) OF 1,827
SECTION 903.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF 1,830
THE THIRD DEGREE ON A FIRST OFFENSE, A MISDEMEANOR OF THE SECOND 1,831
DEGREE ON A SECOND OFFENSE, AND A MISDEMEANOR OF THE FIRST DEGREE 1,832
ON A THIRD OR SUBSEQUENT OFFENSE. EACH TEN-DAY PERIOD THAT THE 1,833
OFFENSE CONTINUES CONSTITUTES A SEPARATE OFFENSE. 1,834
(B) WHOEVER VIOLATES DIVISION (A)(1), (B)(1), OR (E)(1) OF 1,837
SECTION 903.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 1,838
TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES 1,840
A SEPARATE OFFENSE. 1,841
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (J) OF SECTION 1,843
903.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 1,846
TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES
A SEPARATE OFFENSE. 1,847
Sec. 1511.021. (A) Any person who owns or operates 1,856
agricultural land or a concentrated animal feeding operation may 1,857
develop and operate under an operation and management plan 1,858
approved by the chief of the division of soil and water 1,859
conservation under section 1511.02 of the Revised Code or by the 1,860
supervisors of the local soil and water conservation district 1,861
under section 1515.08 of the Revised Code. 1,862
43
(B) Any person who wishes to make a complaint regarding 1,864
nuisances involving agricultural pollution may do so only by 1,866
submitting a written, signed, and dated complaint to the chief or 1,867
to his THE CHIEF'S designee.
(C) In a private civil action for nuisances involving 1,869
agricultural pollution, it is an affirmative defense if the 1,870
person owning, operating, or otherwise responsible for 1,871
agricultural land or a concentrated animal feeding operation is 1,872
operating under and in substantial compliance with an approved 1,873
operation and management plan developed under division (A) of 1,874
this section, with an operation and management plan developed by 1,875
the chief under section 1511.02 of the Revised Code or by the 1,876
supervisors of the local soil and water conservation district 1,877
under section 1515.08 of the Revised Code, or with an operation 1,878
and management plan required by an order issued by the chief 1,879
under division (G) of section 1511.02 of the Revised Code. 1,880
Nothing in this section is in derogation of the authority granted 1,881
to the chief in division (E) of section 1511.02 and in section 1,882
1511.07 of the Revised Code or to the director of environmental 1,883
protection in Chapter 6111. of the Revised Code. 1,884
Sec. 3745.04. As used in this section, "any person" means 1,893
any individual, any partnership, corporation, association, or 1,894
other legal entity, or any political subdivision, 1,895
instrumentality, or agency of a state, whether or not the 1,896
individual or legal entity is an applicant for or holder of a 1,897
license, permit, or variance from the environmental protection 1,898
agency, and includes any department, agency, or instrumentality 1,899
of the federal government that is an applicant for or holder of a 1,900
license, permit, or variance from the environmental protection 1,901
agency. 1,902
As used in this section, "action" or "act" includes the 1,904
adoption, modification, or repeal of a rule or standard, the 1,905
issuance, modification, or revocation of any lawful order other 1,906
than an emergency order, and the issuance, denial, modification, 1,907
44
or revocation of a license, permit, lease, variance, or 1,908
certificate, or the approval or disapproval of plans and 1,909
specifications pursuant to law or rules adopted thereunder. 1,910
Any person who was a party to a proceeding before the 1,912
director may participate in an appeal to the environmental review 1,913
appeals commission for an order vacating or modifying the action 1,915
of the director of environmental protection or local board of 1,916
health, or ordering the director or board of health to perform an 1,917
act. The environmental review appeals commission has exclusive 1,918
original jurisdiction over any matter which THAT may, under this 1,919
section, be brought before it. 1,921
The person so appealing to the commission shall be known as 1,924
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is 1,925
taken shall be known as appellee, except that when an appeal 1,926
involves a license to operate a disposal site or facility, the 1,927
local board of health or the director of environmental 1,928
protection, and any party to a proceeding substantially 1,929
supporting the finding from which the appeal is taken, shall, as 1,930
appropriate, be known as the appellee. Appellant and appellee 1,931
shall be deemed to be parties to the appeal. 1,932
The appeal shall be in writing and shall set forth the 1,934
action complained of and the grounds upon which the appeal is 1,935
based. 1,936
The appeal shall be filed with the board COMMISSION within 1,938
thirty days after notice of the action. Notice of the filing of 1,939
the appeal shall be filed with the appellee within three days 1,940
after the appeal is filed with the commission. 1,941
The appeal shall be accompanied by a filing fee of forty 1,943
dollars, which the commission, in its discretion, may waive in 1,945
cases of extreme hardship. 1,946
Within seven days after receipt of the notice of appeal, 1,948
the director or local board of health shall prepare and certify 1,949
to the commission a record of the proceedings out of which the 1,951
45
appeal arises, including all documents and correspondence, and a 1,952
transcript of all testimony. 1,953
Upon the filing of the appeal, the commission shall fix the 1,956
time and place at which the hearing on the appeal will be held. 1,957
The commission shall give appellant and the appellee at least ten 1,959
days' written notice thereof by certified mail. The commission 1,960
shall hold the hearing within thirty days after the notice of 1,961
appeal is filed. The commission may postpone or continue any 1,962
hearing upon its own motion or upon application of appellant or 1,964
of the appellee.
The filing of an appeal does not automatically suspend or 1,966
stay execution of the action appealed from. Upon application by 1,967
the appellant, the commission may suspend or stay such execution 1,969
pending immediate determination of the appeal without 1,970
interruption by continuances, other than for unavoidable 1,971
circumstances. 1,972
AS USED IN THIS SECTION AND SECTIONS 3745.05 AND 3745.06 OF 1,974
THE REVISED CODE, "DIRECTOR OF ENVIRONMENTAL PROTECTION" AND 1,975
"DIRECTOR" ARE DEEMED TO INCLUDE THE DIRECTOR OF AGRICULTURE AND 1,976
"ENVIRONMENTAL PROTECTION AGENCY" IS DEEMED TO INCLUDE THE
DEPARTMENT OF AGRICULTURE FOR PURPOSES OF CHAPTER 903. OF THE 1,977
REVISED CODE.
Sec. 6111.03. The director of environmental protection may 1,987
do any of the following:
(A) Develop plans and programs for the prevention, 1,989
control, and abatement of new or existing pollution of the waters 1,990
of the state; 1,991
(B) Advise, consult, and cooperate with other agencies of 1,993
the state, the federal government, other states, and interstate 1,994
agencies and with affected groups, political subdivisions, and 1,995
industries in furtherance of the purposes of this chapter. 1,996
Before adopting, amending, or rescinding a standard or rule 1,997
pursuant to division (G) of this section or section 6111.041 or 1,999
6111.042 of the Revised Code, the director shall do all of the
46
following:
(1) Mail notice to each statewide organization that the 2,001
director determines represents persons who would be affected by 2,002
the proposed standard or rule, amendment thereto, or rescission 2,003
thereof at least thirty-five days before any public hearing 2,004
thereon;
(2) Mail a copy of each proposed standard or rule, 2,006
amendment thereto, or rescission thereof to any person who 2,007
requests a copy, within five days after receipt of the request 2,008
therefor;
(3) Consult with appropriate state and local government 2,010
agencies or their representatives, including statewide 2,011
organizations of local government officials, industrial 2,012
representatives, and other interested persons. 2,013
Although the director is expected to discharge these duties 2,016
diligently, failure to mail any such notice or copy or to so 2,017
consult with any person shall not invalidate any proceeding or 2,018
action of the director. 2,019
(C) Administer grants from the federal government and from 2,021
other sources, public or private, for carrying out any of its 2,022
functions, all such moneys to be deposited in the state treasury 2,023
and kept by the treasurer of state in a separate fund subject to 2,024
the lawful orders of the director; 2,025
(D) Administer state grants for the construction of sewage 2,027
and waste collection and treatment works; 2,028
(E) Encourage, participate in, or conduct studies, 2,030
investigations, research, and demonstrations relating to water 2,031
pollution, and the causes, prevention, control, and abatement 2,032
thereof, that are advisable and necessary for the discharge of 2,034
THE DIRECTOR'S duties under this chapter; 2,035
(F) Collect and disseminate information relating to water 2,037
pollution and prevention, control, and abatement thereof; 2,038
(G) Adopt, amend, and rescind rules in accordance with 2,040
Chapter 119. of the Revised Code governing the procedure for 2,041
47
hearings, the filing of reports, the issuance of permits, the 2,042
issuance of industrial water pollution control certificates, and 2,043
all other matters relating to procedure; 2,044
(H) Issue, modify, or revoke orders to prevent, control, 2,046
or abate water pollution by such means as the following: 2,048
(1) Prohibiting or abating discharges of sewage, 2,050
industrial waste, or other wastes into the waters of the state; 2,051
(2) Requiring the construction of new disposal systems or 2,053
any parts thereof, or the modification, extension, or alteration 2,054
of existing disposal systems or any parts thereof; 2,055
(3) Prohibiting additional connections to or extensions of 2,057
a sewerage system when the connections or extensions would result 2,059
in an increase in the polluting properties of the effluent from 2,060
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 2,062
under sections 6111.01 to 6111.05 of the Revised Code or term or 2,066
condition of a permit.
In the making of those orders, wherever compliance with a 2,068
rule adopted under section 6111.042 of the Revised Code is not 2,069
involved, consistent with the Federal Water Pollution Control 2,070
Act, the director shall give consideration to, and base the 2,072
determination on, evidence relating to the technical feasibility 2,073
and economic reasonableness of complying with those orders and to 2,074
evidence relating to conditions calculated to result from 2,075
compliance with those orders, and their relation to benefits to 2,076
the people of the state to be derived from such compliance in 2,077
accomplishing the purposes of this chapter. 2,078
(I) Review plans, specifications, or other data relative 2,080
to disposal systems or any part thereof in connection with the 2,081
issuance of orders, permits, and industrial water pollution 2,082
control certificates under this chapter; 2,083
(J)(1) Issue, revoke, modify, or deny sludge management 2,085
permits and permits for the discharge of sewage, industrial 2,089
waste, or other wastes into the waters of the state, and for the 2,090
48
installation or modification of disposal systems or any parts 2,091
thereof in compliance with all requirements of the Federal Water 2,092
Pollution Control Act and mandatory regulations adopted 2,093
thereunder, including regulations adopted under section 405 of 2,094
the Federal Water Pollution Control Act, and set terms and 2,095
conditions of permits, including schedules of compliance, where 2,096
necessary. The OWNER OR OPERATOR OF AN AGRICULTURAL OPERATION, 2,097
AS DEFINED IN SECTION 903.01 OF THE REVISED CODE, OR ANY OTHER 2,098
PERSON WHO DISCHARGES, TRANSPORTS, OR OTHERWISE HANDLES MANURE IS 2,099
NOT REQUIRED TO OBTAIN A PERMIT UNDER DIVISION (J)(1) OF THIS 2,100
SECTION FOR THE INSTALLATION OR MODIFICATION OF A DISPOSAL SYSTEM 2,101
OR ANY PARTS OF SUCH A SYSTEM ON AND AFTER THE DATE ON WHICH THE 2,102
DIRECTOR OF AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER
DIVISION (B)(1) OF SECTION 903.02 OF THE REVISED CODE OR A 2,104
DISCHARGE PERMIT UNDER DIVISION (J)(1) OF THIS SECTION ON AND 2,105
AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL 2,106
PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE 2,107
DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF THE REVISED CODE.
ANY PERMIT terms and conditions SET BY THE DIRECTOR shall 2,109
be designed to achieve and maintain full compliance with the 2,111
national effluent limitations, national standards of performance 2,112
for new sources, and national toxic and pretreatment effluent 2,113
standards set under that act, and any other mandatory 2,114
requirements of that act that are imposed by regulation of the 2,115
administrator of the United States environmental protection 2,116
agency. If an applicant for a sludge management permit also 2,117
applies for a related permit for the discharge of sewage, 2,118
industrial waste, or other wastes into the waters of the state,
the director may combine the two permits and issue one permit to 2,119
the applicant.
A sludge management permit is not required for an entity 2,121
that treats or transports sewage sludge or for a sanitary 2,122
landfill when all of the following apply: 2,123
(a) The entity or sanitary landfill does not generate the 2,125
49
sewage sludge. 2,126
(b) Prior to receipt at the sanitary landfill, the entity 2,128
has ensured that the sewage sludge meets the requirements 2,129
established in rules adopted by the director under section 2,130
3734.02 of the Revised Code concerning disposal of municipal 2,131
solid waste in a sanitary landfill. 2,133
(c) Disposal of the sewage sludge occurs at a sanitary 2,135
landfill that complies with rules adopted by the director under 2,136
section 3734.02 of the Revised Code. 2,137
As used in division (J)(1) of this section, "sanitary 2,139
landfill" means a sanitary landfill facility, as defined in rules 2,140
adopted under section 3734.02 of the Revised Code, that is 2,141
licensed as a solid waste facility under section 3734.05 of the 2,142
Revised Code.
(2) An application for a permit or renewal thereof shall 2,145
be denied if any of the following applies:
(a) The secretary of the army determines in writing that 2,147
anchorage or navigation would be substantially impaired thereby; 2,148
(b) The director determines that the proposed discharge or 2,150
source would conflict with an areawide waste treatment management 2,152
plan adopted in accordance with section 208 of the Federal Water 2,153
Pollution Control Act;
(c) The administrator of the United States environmental 2,155
protection agency objects in writing to the issuance or renewal 2,156
of the permit in accordance with section 402 (d) of the Federal 2,157
Water Pollution Control Act; 2,158
(d) The application is for the discharge of any 2,160
radiological, chemical, or biological warfare agent or high-level 2,162
radioactive waste into the waters of the United States. 2,163
(3) To achieve and maintain applicable standards of 2,165
quality for the waters of the state adopted pursuant to section 2,166
6111.041 of the Revised Code, the director shall impose, where 2,167
necessary and appropriate, as conditions of each permit, water 2,168
quality related effluent limitations in accordance with sections 2,169
50
301, 302, 306, 307, and 405 of the Federal Water Pollution 2,171
Control Act and, to extend THE EXTENT consistent with that act, 2,173
shall give consideration to, and base the determination on, 2,175
evidence relating to the technical feasibility and economic 2,176
reasonableness of removing the polluting properties from those 2,177
wastes and to evidence relating to conditions calculated to 2,178
result from that action and their relation to benefits to the 2,179
people of the state and to accomplishment of the purposes of this 2,180
chapter.
(4) Where a discharge having a thermal component from a 2,182
source that is constructed or modified on or after October 18, 2,183
1972, meets national or state effluent limitations or more 2,184
stringent permit conditions designed to achieve and maintain 2,185
compliance with applicable standards of quality for the waters of 2,186
the state, which limitations or conditions will ensure protection 2,187
and propagation of a balanced, indigenous population of 2,188
shellfish, fish, and wildlife in or on the body of water into 2,189
which the discharge is made, taking into account the interaction 2,190
of the thermal component with sewage, industrial waste, or other 2,191
wastes, the director shall not impose any more stringent 2,192
limitation on the thermal component of the discharge, as a 2,193
condition of a permit or renewal thereof for the discharge, 2,194
during a ten-year period beginning on the date of completion of 2,195
the construction or modification of the source, or during the 2,196
period of depreciation or amortization of the source for the 2,197
purpose of section 167 or 169 of the Internal Revenue Code of 2,198
1954, whichever period ends first. 2,199
(5) The director shall specify in permits for the 2,201
discharge of sewage, industrial waste, and other wastes, the net 2,202
volume, net weight, duration, frequency, and, where necessary, 2,203
concentration of the sewage, industrial waste, and other wastes 2,204
that may be discharged into the waters of the state. The 2,205
director shall specify in those permits and in sludge management 2,206
permits that the permit is conditioned upon payment of applicable 2,208
51
fees as required by section 3745.11 of the Revised Code and upon 2,209
the right of the director's authorized representatives to enter 2,210
upon the premises of the person to whom the permit has been 2,211
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 2,212
a permit, order, or other determination. The director shall 2,213
issue or deny an application for a sludge management permit or a 2,214
permit for a new discharge, for the installation or modification 2,216
of a disposal system, or for the renewal of a permit, within one 2,217
hundred eighty days of the date on which a complete application 2,218
with all plans, specifications, construction schedules, and other 2,219
pertinent information required by the director is received. 2,220
(6) The director may condition permits upon the 2,224
installation of discharge or water quality monitoring equipment 2,225
or devices and the filing of periodic reports on the amounts and 2,226
contents of discharges and the quality of receiving waters that 2,227
the director prescribes. The director shall condition each 2,229
permit for a government-owned disposal system or any other 2,230
"treatment works" as defined in the Federal Water Pollution 2,231
Control Act upon the reporting of new introductions of industrial 2,232
waste or other wastes and substantial changes in volume or 2,233
character thereof being introduced into those systems or works 2,234
from "industrial users" as defined in section 502 of that act, as 2,235
necessary to comply with section 402(b)(8) of that act; upon the 2,236
identification of the character and volume of pollutants subject 2,237
to pretreatment standards being introduced into the system or 2,238
works; and upon the existence of a program to ensure compliance 2,239
with pretreatment standards by "industrial users" of the system 2,240
or works. In requiring monitoring devices and reports, the 2,241
director, to the extent consistent with the Federal Water 2,242
Pollution Control Act, shall give consideration to technical 2,244
feasibility and economic reasonableness and shall allow 2,245
reasonable time for compliance.
(7) A permit may be issued for a period not to exceed five 2,247
52
years and may be renewed upon application for renewal and upon a 2,249
finding by the director that the permit holder is making 2,250
satisfactory progress toward the achievement of all applicable 2,251
standards and has complied with the terms and conditions of the 2,252
existing permit. A permit may be modified, suspended, or revoked 2,253
for cause, including, but not limited to, violation of any 2,254
condition of the permit, obtaining a permit by misrepresentation 2,255
or failure to disclose fully all relevant facts of the permitted 2,256
discharge or of the sludge use, storage, treatment, or disposal 2,258
practice, or changes in any condition that requires either a 2,259
temporary or permanent reduction or elimination of the permitted 2,260
activity. No application shall be denied or permit revoked or 2,262
modified without a written order stating the findings upon which 2,263
the denial, revocation, or modification is based. A copy of the 2,264
order shall be sent to the applicant or permit holder by 2,265
certified mail.
(K) Institute or cause to be instituted in any court of 2,267
competent jurisdiction proceedings to compel compliance with this 2,269
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, 308, 2,271
and 405 of the Federal Water Pollution Control Act; 2,273
(L) Issue, deny, revoke, or modify industrial water 2,275
pollution control certificates; 2,276
(M) Certify to the government of the United States or any 2,278
agency thereof that an industrial water pollution control 2,279
facility is in conformity with the state program or requirements 2,280
for the control of water pollution whenever the certification may 2,281
be required for a taxpayer under the Internal Revenue Code of the 2,282
United States, as amended; 2,283
(N) Issue, modify, and revoke orders requiring any 2,285
"industrial user" of any publicly owned "treatment works" as 2,286
defined in sections 212(2) and 508 502(18) of the Federal Water 2,288
Pollution Control Act to comply with pretreatment standards; 2,289
establish and maintain records; make reports; install, use, and 2,290
53
maintain monitoring equipment or methods, including, where 2,291
appropriate, biological monitoring methods; sample discharges in 2,292
accordance with methods, at locations, at intervals, and in a 2,294
manner that the director determines; and provide other 2,296
information that is necessary to ascertain whether or not there 2,298
is compliance with toxic and pretreatment effluent standards. In 2,299
issuing, modifying, and revoking those orders, the director, to 2,300
the extent consistent with the Federal Water Pollution Control 2,301
Act, shall give consideration to technical feasibility and 2,302
economic reasonableness and shall allow reasonable time for 2,303
compliance.
(O) Exercise all incidental powers necessary to carry out 2,305
the purposes of this chapter; 2,306
(P) Certify or deny certification to any applicant for a 2,308
federal license or permit to conduct any activity that may result 2,310
in any discharge into the waters of the state that the discharge 2,311
will comply with the Federal Water Pollution Control Act; 2,312
(Q) Administer and enforce the publicly owned treatment 2,314
works pretreatment program in accordance with the Federal Water 2,315
Pollution Control Act. In the administration of that program, 2,316
the director may do any of the following: 2,318
(1) Apply and enforce pretreatment standards; 2,320
(2) Approve and deny requests for approval of publicly 2,322
owned treatment works pretreatment programs, oversee those 2,323
programs, and implement, in whole or in part, those programs 2,324
under any of the following conditions: 2,325
(a) The director has denied a request for approval of the 2,327
publicly owned treatment works pretreatment program; 2,328
(b) The director has revoked the publicly owned treatment 2,330
works pretreatment program; 2,331
(c) There is no pretreatment program currently being 2,333
implemented by the publicly owned treatment works; 2,334
(d) The publicly owned treatment works has requested the 2,336
director to implement, in whole or in part, the pretreatment 2,337
54
program. 2,338
(3) Require that a publicly owned treatment works 2,340
pretreatment program be incorporated in a permit issued to a 2,341
publicly owned treatment works as required by the Federal Water 2,342
Pollution Control Act, require compliance by publicly owned 2,343
treatment works with those programs, and require compliance by 2,344
industrial users with pretreatment standards; 2,345
(4) Approve and deny requests for authority to modify 2,347
categorical pretreatment standards to reflect removal of 2,348
pollutants achieved by publicly owned treatment works; 2,349
(5) Deny and recommend approval of requests for 2,351
fundamentally different factors variances submitted by industrial 2,352
users; 2,353
(6) Make determinations on categorization of industrial 2,355
users; 2,356
(7) Adopt, amend, or rescind rules and issue, modify, or 2,358
revoke orders necessary for the administration and enforcement of 2,359
the publicly owned treatment works pretreatment program. 2,360
Any approval of a publicly owned treatment works 2,362
pretreatment program may contain any terms and conditions, 2,363
including schedules of compliance, that are necessary to achieve 2,364
compliance with this chapter. 2,365
(R) Except as otherwise provided in this division, adopt 2,368
rules in accordance with Chapter 119. of the Revised Code 2,370
establishing procedures, methods, and equipment and other 2,371
requirements for equipment to prevent and contain discharges of 2,372
oil and hazardous substances into the waters of the state. The 2,373
rules shall be consistent with and equivalent in scope, content, 2,374
and coverage to section 311(j)(1)(c) of the Federal Water 2,375
Pollution Control Act and regulations adopted under it. The 2,376
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 2,377
and workover facilities as those terms are defined in that act 2,378
and regulations adopted under it. 2,379
55
(S)(1) Administer and enforce a program for the regulation 2,382
of sludge management in this state. In administering the 2,385
program, the director, in addition to exercising the authority 2,386
provided in any other applicable sections of this chapter, may do 2,387
any of the following:
(a) Develop plans and programs for the disposal and 2,389
utilization of sludge and sludge materials; 2,390
(b) Encourage, participate in, or conduct studies, 2,392
investigations, research, and demonstrations relating to the 2,393
disposal and use of sludge and sludge materials and the impact of 2,395
sludge and sludge materials on land located in the state and on
the air and waters of the state; 2,396
(c) Collect and disseminate information relating to the 2,398
disposal and use of sludge and sludge materials and the impact of 2,400
sludge and sludge materials on land located in the state and on
the air and waters of the state; 2,401
(d) Issue, modify, or revoke orders to prevent, control, 2,403
or abate the use and disposal of sludge and sludge materials or 2,404
the effects of the use of sludge and sludge materials on land 2,405
located in the state and on the air and waters of the state; 2,407
(e) Adopt and enforce, modify, or rescind rules necessary 2,409
for the implementation of division (S) of this section. The 2,410
rules reasonably shall protect public health and the environment, 2,411
encourage the beneficial reuse of sludge and sludge materials, 2,412
and minimize the creation of nuisance odors. 2,413
The director may specify in sludge management permits the 2,416
net volume, net weight, quality, and pollutant concentration of 2,418
the sludge or sludge materials that may be used, stored, treated, 2,419
or disposed of, and the manner and frequency of the use, storage, 2,421
treatment, or disposal, to protect public health and the
environment from adverse effects relating to those activities. 2,422
The director shall impose other terms and conditions to protect 2,423
public health and the environment, minimize the creation of 2,424
nuisance odors, and achieve compliance with this chapter and 2,425
56
rules adopted under it and, in doing so, shall consider whether 2,426
the terms and conditions are consistent with the goal of 2,427
encouraging the beneficial reuse of sludge and sludge materials. 2,428
The director may condition permits on the implementation of 2,431
treatment, storage, disposal, distribution, or application
management methods and the filing of periodic reports on the 2,432
amounts, composition, and quality of sludge and sludge materials 2,433
that are disposed of, used, treated, or stored. 2,434
An approval of a treatment works sludge disposal program 2,436
may contain any terms and conditions, including schedules of 2,437
compliance, necessary to achieve compliance with this chapter and 2,439
rules adopted under it.
(2) As a part of the program established under division 2,441
(S)(1) of this section, the director has exclusive authority to 2,442
regulate sewage sludge management in this state. For purposes of 2,443
division (S)(2) of this section, that program shall be consistent 2,444
with section 405 of the Federal Water Pollution Control Act and 2,446
regulations adopted under it and with this section, except that 2,447
the director may adopt rules under division (S) of this section
that establish requirements that are more stringent than section 2,448
405 of the Federal Water Pollution Control Act and regulations 2,450
adopted under it with regard to monitoring sewage sludge and 2,451
sewage sludge materials and establishing acceptable sewage sludge
management practices and pollutant levels in sewage sludge and 2,452
sewage sludge materials. 2,453
This chapter authorizes the state to participate in any 2,455
national sludge management program and the national pollutant 2,456
discharge elimination system, to administer and enforce the 2,459
publicly owned treatment works pretreatment program, and to issue 2,460
permits for the discharge of dredged or fill materials, in 2,461
accordance with the Federal Water Pollution Control Act. This 2,462
chapter shall be administered, consistent with the laws of this 2,463
state and federal law, in the same manner that the Federal Water 2,464
Pollution Control Act is required to be administered. 2,465
57
This section does not apply to animal waste treatment or 2,467
disposal works SYSTEMS and related management and conservation 2,468
practices subject to rules adopted pursuant to division (E)(4) of 2,470
section 1511.02 of the Revised Code and involving less than one 2,471
thousand animal units, as "animal units" is defined in the United 2,472
States environmental protection agency regulations SECTION 903.01 2,474
OF THE REVISED CODE. This exclusion does not apply to animal 2,476
waste treatment works having a controlled direct discharge to the 2,477
waters of the state or to the discharge of animal waste into a 2,478
publicly owned treatment works.
ON AND AFTER THE DATE ON WHICH THE UNITED STATES 2,480
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 2,482
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF 2,483
THE REVISED CODE, THIS SECTION DOES NOT APPLY TO ANY PERSON WHO 2,484
DISCHARGES AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 2,485
OF THE REVISED CODE, OR TO THE DISCHARGE OF STORM WATER FROM AN 2,486
AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION. 2,487
Sec. 6111.035. (A) The director of environmental 2,496
protection, consistent with the "Federal Water Pollution Control 2,497
Act" and the regulations adopted thereunder, without application 2,498
therefor, may issue, modify, revoke, or terminate a general 2,499
permit under this chapter for both of the following: 2,500
(1) Discharge of stormwater; the discharge of liquids, 2,502
sediments, solids, or water-borne mining related waste, such as, 2,503
but not limited to, acids, metallic cations, or their salts, from 2,504
coal mining and reclamation operations as defined in section 2,505
1513.01 of the Revised Code; or treatment works whose discharge 2,506
would have de minimis impact on the waters of the state receiving 2,507
the discharge; 2,508
(2) Installation or modification of disposal systems or 2,510
any parts thereof, including disposal systems for stormwater or 2,511
for coal mining and reclamation operations as defined in section 2,512
1513.01 of the Revised Code. 2,513
A general permit shall apply to a class or category of 2,515
58
discharges or disposal systems or to persons conducting similar 2,516
activities, within any area of the state, including the entire 2,517
state. 2,518
A general permit shall not be issued unless the director 2,520
determines that the discharges authorized by the permit will have 2,521
only minimal cumulative adverse effects on the environment when 2,522
the discharges are considered collectively and individually and 2,523
if, in the opinion of the director, the discharges, 2,524
installations, or modifications authorized by the permit are more 2,525
appropriately authorized by a general permit than by an 2,526
individual permit. 2,527
A general permit shall be issued subject to applicable 2,529
mandatory provisions and may be issued subject to any applicable 2,530
permissive provision of the Federal Water Pollution Control Act 2,531
and the regulations adopted thereunder. 2,532
The director, at his THE DIRECTOR'S discretion, may require 2,534
any person authorized to discharge or to install or modify a 2,536
disposal system under a general permit to apply for and obtain an 2,537
individual permit for the discharge, installation, or 2,538
modification. When a particular discharge, installation, or 2,539
modification is subject to an individual permit, a general permit 2,540
shall not apply to that discharge, installation, or modification 2,541
until the individual permit is revoked, terminated, or modified 2,542
to exclude the discharge, installation, or modification. 2,543
(B) Notwithstanding any requirement under Chapter 119. of 2,545
the Revised Code concerning the manner in which notice of a 2,546
permit action is provided, the director shall not be required to 2,547
provide certified mail notice to persons subject to the issuance, 2,548
modification, revocation, or termination of a general permit 2,549
under division (A) of this section. 2,550
Notwithstanding section 3745.07 of the Revised Code 2,552
concerning the location of newspapers in which notice NOTICES of 2,553
permit actions are published, the director shall cause notice of 2,555
the issuance, modification, revocation, or termination of a 2,556
59
general permit to be published in the newspapers of general 2,557
circulation determined by the director to provide reasonable 2,558
notice to persons affected by the permit action in the geographic 2,559
area covered by the general permit within the time periods 2,560
prescribed by section 3745.07 of the Revised Code. Any notice 2,561
under this section or section 3745.07 of the Revised Code 2,562
concerning the issuance, modification, revocation, or termination 2,563
of a general permit shall include the full text of the permit 2,564
action. The director may take other appropriate measures, such 2,565
as press releases and notice to trade journals, associations, and 2,566
other persons known to the director to desire notification, in 2,567
order to provide notice of his THE DIRECTOR'S actions concerning 2,568
the issuance, modification, revocation, or termination of a 2,570
general permit; however, the failure to provide such notice shall 2,571
not invalidate any general permit. 2,572
(C) Notwithstanding any other provision of the Revised 2,574
Code, a person subject to the proposed issuance, modification, 2,575
revocation, or termination of a general permit under division (A) 2,576
of this section may request an adjudication hearing pursuant to 2,577
section 119.07 of the Revised Code concerning the proposed action 2,578
within thirty days after publication of the notice of the 2,579
proposed action in newspapers of general circulation pursuant to 2,580
division (B) of this section. This division shall not be 2,581
interpreted to affect the authority of the director to take 2,582
actions on general permits in forms other than proposed general 2,583
permits. 2,584
(D) The director may exercise all incidental powers 2,586
required to carry out this section, including, without 2,587
limitation, the adoption, amendment, and rescission of rules to 2,588
implement a general permit program for classes or categories of 2,589
dischargers or disposal systems. 2,590
(E) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 2,592
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 2,594
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF 2,595
60
THE REVISED CODE, THIS SECTION DOES NOT APPLY TO ANY PERSON WHO 2,596
DISCHARGES AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 2,597
OF THE REVISED CODE, OR TO THE DISCHARGE OF STORM WATER FROM AN 2,598
AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION. 2,599
(F) As used in this section, "Federal Water Pollution 2,601
Control Act" means the "Federal Water Pollution Control Act 2,602
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended 2,603
by the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 2,604
1251, the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 2,605
1254, the "Municipal Wastewater Treatment Construction Grant 2,606
Amendments of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the 2,607
"Water Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251. 2,608
Sec. 6111.036. (A) There is hereby created the water 2,617
pollution control loan fund to provide financial, technical, and 2,618
administrative assistance for the following purposes: 2,619
(1) Construction of publicly owned wastewater treatment 2,621
works, as "construction" and "treatment works" are defined in 2,622
section 212 of the "Federal Water Pollution Control Act," by 2,623
municipal corporations, other political subdivisions, and 2,624
interstate agencies having territory in this state; 2,625
(2) Implementation of nonpoint source pollution management 2,627
programs under section 319 of that act; 2,628
(3) Development and implementation of estuary conservation 2,630
and management programs under section 320 of that act. 2,631
To the extent they are otherwise allowable as determined by 2,633
the director of environmental protection, the purposes identified 2,634
under division (A) of this section are intended to include 2,635
activities benefiting the waters of the state that are authorized 2,636
under Chapter 3746. of the Revised Code. 2,637
The fund shall be administered by the director consistent 2,639
with the "Federal Water Pollution Control Act"; regulations 2,640
adopted under it, including, without limitation, regulations 2,641
establishing public participation requirements applicable to the 2,642
providing of financial assistance; this section; and rules 2,643
61
adopted under division (O) of this section. 2,644
Moneys in the water pollution control loan fund shall be 2,646
separate and apart from and not a part of the state treasury or 2,647
of the other funds of the Ohio water development authority. 2,648
Subject to the terms of the agreements provided for in divisions 2,649
(B), (C), (D), and (F) of this section, moneys in the fund shall 2,650
be held in trust by the Ohio water development authority for the 2,651
purposes of this section, shall be kept in the same manner that 2,652
funds of the authority are kept under section 6121.11 of the 2,653
Revised Code, and may be invested in the same manner that funds 2,654
of the authority are invested under section 6121.12 of the 2,655
Revised Code. No withdrawals or disbursements shall be made from 2,656
the water pollution control loan fund without the written 2,657
authorization of the director or his THE DIRECTOR'S designated 2,658
representative. The manner of authorization for any withdrawals 2,660
or disbursements from the fund to be made by the authority shall 2,661
be established in the agreements authorized under division (C) of 2,662
this section.
(B) The director may enter into agreements to receive and 2,664
assign moneys credited or to be credited to the water pollution 2,665
control loan fund. The director may reserve capitalization grant 2,666
moneys allotted to the state under sections 601 and 604(c)(2) of 2,667
the "Federal Water Pollution Control Act" for the other purposes 2,668
authorized for the use of capitalization grant moneys under 2,669
sections 603(d)(7) and 604(b) of that act. 2,670
(C) The director shall ensure that fiscal controls are 2,672
established for prudent administration of the water pollution 2,673
control loan fund. For that purpose, the director and the Ohio 2,674
water development authority shall enter into any necessary and 2,675
appropriate agreements under which the authority may perform or 2,676
provide any of the following: 2,677
(1) Fiscal controls and accounting procedures governing 2,679
fund balances, receipts, and disbursements; 2,680
(2) Administration of loan accounts; 2,682
62
(3) Maintaining, managing, and investing moneys in the 2,684
fund. 2,685
Any agreement entered into under this division shall 2,687
provide for the payment of reasonable fees to the Ohio water 2,688
development authority for any services it performs under the 2,689
agreement and may provide for reasonable fees for the assistance 2,690
of financial or accounting advisors. Payments of any such fees 2,691
to the authority may be made from the water pollution control 2,692
loan fund to the extent authorized by division (H)(7) of this 2,693
section or from the water pollution control loan administrative 2,694
fund created in division (E) of this section. The authority may 2,695
enter into loan agreements with the director and recipients of 2,696
financial assistance from the fund as provided in this section. 2,697
(D) The water pollution control loan fund shall consist of 2,699
the moneys credited to it from all capitalization grants received 2,700
under sections 601 and 604(c)(2) of the "Federal Water Pollution 2,701
Control Act," all moneys received as capitalization grants under 2,702
section 205(m) of that act, all matching moneys credited to the 2,703
fund arising from nonfederal sources, all payments of principal 2,704
and interest for loans made from the fund, and all investment 2,705
earnings on moneys held in the fund. On or before the date on 2,706
which a quarterly capitalization grant payment will be received 2,707
under that act, matching moneys equal to at least twenty per cent 2,708
of the quarterly capitalization grant payment shall be credited 2,709
to the fund. The Ohio water development authority may make 2,710
moneys available to the director for the purpose of providing the 2,711
matching moneys required by this division, subject to such terms 2,712
as the director and the authority consider appropriate, and may 2,713
pledge moneys that are held by the authority to secure the 2,714
payment of bonds or notes issued by the authority to provide 2,715
those matching moneys. The authority may make moneys available 2,716
to the director for that purpose from any funds now or hereafter 2,717
available to the authority from any source, including, without 2,718
limitation, the proceeds of bonds or notes heretofore or 2,719
63
hereafter issued by the authority under Chapter 6121. of the 2,720
Revised Code. Matching moneys made available to the director by 2,721
the authority from the proceeds of any such bonds or notes shall 2,722
be made available subject to the terms of the trust agreements 2,723
relating to the bonds or notes. Any such matching moneys shall 2,724
be made available to the director pursuant to a written agreement 2,725
between the director and the authority that contains such terms 2,726
as the director and the authority consider appropriate, 2,727
including, without limitation, a provision providing for 2,728
repayment to the authority of those matching moneys from moneys 2,729
deposited in the water pollution control loan fund, including, 2,730
without limitation, the proceeds of bonds or notes issued by the 2,731
authority for the benefit of the fund and payments of principal 2,732
and interest on loans made from the fund, or from any other 2,733
sources now or hereafter available to the director for the 2,734
repayment of those matching moneys. 2,735
(E) All moneys credited to the water pollution control 2,737
loan fund, all interest earned on moneys in the fund, and all 2,738
payments of principal and interest for loans made from the fund 2,739
shall be dedicated in perpetuity and used and reused solely for 2,740
the purposes set forth in division (A) of this section, except as 2,741
otherwise provided in division (D) or (F) of this section. The 2,742
director may establish and collect fees to be paid by recipients 2,743
of financial assistance under this section, and all moneys 2,744
arising from the fees shall be credited to the water pollution 2,745
control loan administrative fund, which is hereby created in the 2,746
state treasury, and shall be used to defray the costs of 2,747
administering this section. 2,748
(F) The director and the Ohio water development authority 2,750
shall enter into trust agreements to enable the authority to 2,751
issue and refund bonds or notes for the sole benefit of the water 2,752
pollution control loan fund, including, without limitation, the 2,753
raising of the matching moneys required by division (D) of this 2,754
section. These agreements may authorize the pledge of moneys 2,755
64
accruing to the fund from payments of principal and interest on 2,756
loans made from the fund adequate to secure bonds or notes, the 2,757
proceeds of which bonds or notes shall be for the sole benefit of 2,758
the water pollution control loan fund. The agreements may 2,759
contain such terms as the director and the authority consider 2,760
reasonable and proper for the security of the bondholders or 2,761
noteholders. 2,762
(G) The director shall enter into binding commitments to 2,764
provide financial assistance from the water pollution control 2,765
loan fund in an amount equal to one hundred twenty per cent of 2,766
the amount of each capitalization grant payment received, within 2,767
one year after receiving each such grant payment. The director 2,768
shall provide the financial assistance in compliance with this 2,769
section and rules adopted under division (O) of this section. The 2,771
director shall ensure that all moneys credited to the fund are 2,772
disbursed in an expeditious and timely manner. During the second 2,773
year of operation of the water pollution control loan program, 2,774
the director also shall ensure that not less than twenty-five per 2,775
cent of the financial assistance provided under this section 2,776
during that year is provided for the purpose of division (H)(2) 2,777
of this section for the purchase or refinancing of debt 2,778
obligations incurred after March 7, 1985, but not later than July 2,779
1, 1988, except that if the amount of money reserved during the 2,780
second year of operation of the program for the purchase or 2,781
refinancing of those debt obligations exceeds the amount required 2,782
for the projects that are eligible to receive financial 2,783
assistance for that purpose, the director shall distribute the 2,784
excess moneys in accordance with the current priority system and 2,785
list prepared under division (I) of this section to provide 2,786
financial assistance for projects that otherwise would not 2,787
receive assistance in that year.
(H) Moneys credited to the water pollution control loan 2,789
fund shall be used only for the following purposes: 2,790
(1) To make loans, subject to all of the following 2,792
65
conditions: 2,793
(a) The loans are made at or below market rates of 2,795
interest, including, without limitation, interest free loans;. 2,796
(b) Periodic payments of principal and interest shall 2,798
commence not later than one year after completion of the project, 2,799
and all loans shall be fully amortized not later than twenty 2,800
years after project completion;. 2,801
(c) Each recipient of a loan shall establish a dedicated 2,803
source of revenue for repayment of the loan;. 2,804
(d) All payments of principal and interest on the loans 2,806
shall be credited to the fund, except as otherwise provided in 2,807
division (D) or (F) of this section. 2,808
(2) To purchase or refinance at or below market rates of 2,810
interest debt obligations incurred after March 7, 1985, by 2,811
municipal corporations, other political subdivisions, and 2,812
interstate agencies having territory in the state; 2,813
(3) To guarantee or purchase insurance for debt 2,815
obligations of municipal corporations, other political 2,816
subdivisions, and interstate agencies having territory within the 2,817
state when the guarantee or insurance would improve the 2,818
borrower's access to credit markets or would reduce the interest 2,819
rate paid on those obligations; 2,820
(4) As a source of revenue or security for the payment of 2,822
principal and interest on general obligation or revenue bonds or 2,823
notes issued by this state if the proceeds of the sale of the 2,824
bonds or notes will be deposited in the fund; 2,825
(5) To provide loan guarantees for revolving loan funds 2,827
established by municipal corporations and other political 2,828
subdivisions that are similar to the water pollution control loan 2,829
fund; 2,830
(6) To earn interest on moneys credited to the fund; 2,832
(7) To pay the reasonable costs of administering the fund 2,834
and this section, except that cumulative expenditures from the 2,835
fund for administrative costs shall not at any time exceed four 2,836
66
per cent of the total amount of the capitalization grants 2,837
received. 2,838
(I) The director periodically shall prepare in accordance 2,840
with rules adopted under division (O) of this section a state 2,841
priority system and list ranking assistance proposals principally 2,842
on the basis of their relative water quality and public health 2,843
benefits and the financial need of the applicants for assistance. 2,844
Assistance for proposed activities from the water pollution 2,845
control loan fund shall be limited to those activities appearing 2,846
on that priority list and shall be awarded based upon their 2,847
priority sequence on the list and the applicants' readiness to 2,848
proceed with their proposed activities. The director annually 2,849
shall prepare and circulate for public review and comment a plan 2,850
that defines the goals and intended uses of the fund, as required 2,851
by section 606(c) of the "Federal Water Pollution Control Act." 2,852
(J) Financial assistance from the water pollution control 2,854
loan fund first shall be used to ensure maintenance of progress, 2,855
as determined by the governor, toward compliance with enforceable 2,856
deadlines, goals, and requirements under the "Federal Water 2,857
Pollution Control Act" that are pertinent to the purposes of the 2,858
fund set forth in divisions (A)(1) to (3) of this section, 2,859
including, without limitation, the municipal compliance deadline 2,860
under that act. 2,861
(K) The director may provide financial assistance from the 2,863
water pollution control loan fund for a publicly owned treatment 2,864
works project only after determining that: 2,865
(1) Sewerage systems tributary to the treatment works are 2,867
not subject to excessive infiltration and inflow; 2,868
(2) The applicant for financial assistance has the legal, 2,870
institutional, managerial, and financial capability to construct, 2,871
operate, and maintain its publicly owned treatment works; 2,872
(3) The applicant will implement a financial management 2,874
plan that includes, without limitation, provisions for 2,875
satisfactory repayment of the financial assistance, a 2,876
67
proportional user charge system to pay the operation, 2,877
maintenance, and replacement expenses of the project, and, if 2,878
appropriate in the director's judgment, an adequate capital 2,879
improvements fund; 2,880
(4) The proposed disposal system of which the project is a 2,882
part is economically and nonmonetarily cost-effective, based upon 2,883
an evaluation of feasible alternatives that meet the waste water 2,884
treatment needs of the planning area in which the proposed 2,885
project is located; 2,886
(5) Based upon the environmental review conducted by the 2,888
director under division (L) of this section, there are no 2,889
significant adverse environmental effects resulting from the 2,890
proposed disposal system and the system has been selected from 2,891
among environmentally sound alternatives; 2,892
(6) Public participation has occurred during the process 2,894
of planning the project in compliance with applicable 2,895
requirements under the "Federal Water Pollution Control Act"; 2,896
(7) The applicant has submitted a facilities plan for the 2,898
project that meets the applicable program requirements and that 2,899
has been approved by the director; 2,900
(8) The application meets the requirements of this section 2,902
and rules adopted under division (O) of this section and is 2,903
consistent with the intent of Title VI of the "Federal Water 2,904
Pollution Control Act" and regulations adopted under it; 2,905
(9) The application meets such other requirements as the 2,907
director considers necessary or appropriate to protect the 2,908
environment or ensure the financial integrity of the fund while 2,909
implementing this section. 2,910
(L) The director shall perform and document for public 2,912
review an independent, comprehensive environmental review of the 2,913
assistance proposal for each activity receiving financial 2,914
assistance under this section. The review shall serve as the 2,915
basis for the determinations to be made under division (K)(5) or 2,916
(Q)(4) of this section, as applicable, and may include, without 2,917
68
limitation, an environmental assessment, any necessary 2,918
supplemental studies, and an enforceable mitigation plan. The 2,919
director may establish environmental impact mitigation terms or 2,920
conditions for the implementation of an assistance proposal, 2,921
including, without limitation, the installation or modification 2,922
of a disposal system, in his THE DIRECTOR'S approval of the plans 2,924
for the installation or modification as authorized by section 2,925
6111.44 of the Revised Code or through other legally enforceable 2,926
means. The review shall be conducted in accordance with 2,927
applicable rules adopted under division (O) of this section. 2,928
(M) The director, consistent with this section and 2,930
applicable rules adopted under division (O) of this section, may 2,931
enter into any agreement with an applicant that is necessary or 2,932
appropriate to provide assistance from the water pollution 2,933
control loan fund. Based upon his THE DIRECTOR'S review of an 2,934
assistance proposal, including, without limitation, approval for 2,936
the project under section 6111.44 of the Revised Code, the 2,937
environmental review conducted under division (L) of this 2,938
section, and the other requirements of this section and rules 2,939
adopted under it, the director may establish in the agreement 2,940
terms and conditions of the assistance to be offered to an 2,941
applicant. In addition to any other available remedies, the 2,942
director may terminate, suspend, or require immediate repayment 2,943
of financial assistance provided under this section to, or take 2,944
any other enforcement action available under this chapter 2,945
against, a recipient of financial assistance under this section 2,946
who defaults on any payment required in the agreement for 2,947
financial assistance or otherwise violates a term or condition of 2,948
the agreement or of the plan approval for the project under 2,949
section 6111.44 of the Revised Code. 2,950
(N) Based upon the director's judgment as to the financial 2,952
need of the applicant and as to what constitutes the most 2,953
effective allocation of funds to achieve statewide water 2,954
pollution control objectives, the director may establish the 2,955
69
terms, conditions, and amount of financial assistance to be 2,956
offered to an applicant from the water pollution control loan 2,957
fund. The director, to the extent consistent with the water 2,958
quality improvement priorities reflected in the current priority 2,959
system and list prepared under division (I) of this section and 2,960
with the long-term financial integrity of the fund, shall ensure 2,961
each year that financial assistance in an amount equal to the 2,962
cost of the assistance proposals of applicants having a high 2,963
level of economic need that are on the current priority list and 2,964
for which funding is available in that year is made available 2,965
from the fund to those applicants at an interest rate that is 2,966
lower than that offered to other applicants for financial 2,967
assistance from the fund for assistance proposals that are on the 2,968
current priority list and for which funding is available in that 2,969
year. 2,970
The director shall determine the economic need of 2,972
applicants for financial assistance in accordance with uniform 2,973
criteria established in rules adopted under division (O) of this 2,974
section. 2,975
(O) The director may adopt rules in accordance with 2,977
Chapter 119. of the Revised Code for the implementation and 2,978
administration of this section and section 6111.037 of the 2,979
Revised Code. Any such rules governing the planning, design, and 2,980
construction of water pollution control projects, establishing an 2,981
environmental review process, establishing requirements for the 2,982
preparation of environmental impact reports and mitigation plans, 2,983
governing the establishment of priority systems for providing 2,984
financial assistance under this section and section 6111.037 of 2,985
the Revised Code, and governing the terms and conditions of 2,986
assistance, shall be consistent with the intent of Titles II and 2,987
VI and sections 319 and 320 of the "Federal Water Pollution 2,988
Control Act." The rules governing the establishment of priority 2,989
systems for financial assistance and governing terms and 2,990
conditions of assistance shall provide for the most effective 2,991
70
allocation of moneys from the water pollution control loan fund 2,992
to achieve water quality and public health objectives throughout 2,993
the state as determined by the director. 2,994
(P)(1) For the purpose of this section, appealable actions 2,996
of the director pursuant to section 3745.04 of the Revised Code 2,997
are limited to the following: 2,998
(a) Approval of draft priority systems, draft priority 3,000
lists, and draft written program administration policies; 3,001
(b) Approval or disapproval of project facility plans 3,003
under division (K)(7) of this section; 3,004
(c) Approval or disapproval of plans and specifications 3,006
for a project under section 6111.44 of the Revised Code and 3,007
issuance of a permit to install in connection with a project 3,008
pursuant to rules adopted under section 6111.03 of the Revised 3,009
Code; 3,010
(d) Approval or disapproval of an application for 3,012
assistance. 3,013
(2) Notwithstanding section 119.06 of the Revised Code, 3,015
the director may take final action described in division 3,016
(P)(1)(a), (b), (c), or (d) of this section without holding an 3,017
adjudication hearing in connection with the action and without 3,018
first issuing a proposed action under section 3745.07 of the 3,019
Revised Code. 3,020
(3) Each action described in divisions (P)(1)(a), (b), 3,022
(c), and (d) of this section is a separate and discrete action of 3,023
the director. Appeals of any such action are limited to the 3,024
issues concerning the specific action appealed, and the appeal 3,025
shall not include issues determined under the scope of any prior 3,026
action. 3,027
(Q) The director may provide financial assistance for the 3,029
implementation of a nonpoint source management program activity 3,030
only after determining all of the following: 3,031
(1) The activity is consistent with the state's nonpoint 3,033
source management program; 3,034
71
(2) The applicant has the legal, institutional, 3,036
managerial, and financial capability to implement, operate, and 3,037
maintain the activity; 3,038
(3) The cost of the activity is reasonable considering 3,040
monetary and nonmonetary factors; 3,041
(4) Based on the environmental review conducted by the 3,043
director under division (L) of this section, the activity will 3,044
not result in significant adverse environmental impacts; 3,045
(5) The application meets the requirements of this section 3,047
and rules adopted under division (O) of this section and is 3,048
consistent with the intent of Title VI of the "Federal Water 3,049
Pollution Control Act" and regulations adopted under it; 3,050
(6) The applicant will implement a financial management 3,052
plan, including, without limitation, provisions for satisfactory 3,053
repayment of the financial assistance; 3,054
(7) The application meets such other requirements as the 3,056
director considers necessary or appropriate to protect the 3,057
environment and ensure the financial integrity of the fund while 3,058
implementing this section. 3,059
(R) THE DIRECTOR MAY ENTER INTO AGREEMENTS TO MAKE 3,061
PASSTHROUGH GRANTS OF MONEYS CREDITED TO THE FUND TO THE DIRECTOR 3,062
OF AGRICULTURE FOR THE PURPOSES OF DIVISION (B) OF SECTION 903.08 3,063
OF THE REVISED CODE. 3,064
(S) As used in this section, "Federal Water Pollution 3,066
Control Act" means the "Federal Water Pollution Control Act 3,067
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended 3,068
by the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 3,069
1251, the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 3,070
1254, the "Municipal Wastewater Treatment Construction Grant 3,071
Amendments of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the 3,072
"Water Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251. 3,073
Sec. 6111.04. (A) Both of the following apply except as 3,082
otherwise provided in division (A) or (F) of this section: 3,083
(1) No person shall cause pollution or place or cause to 3,086
72
be placed any sewage, sludge, sludge materials, industrial waste, 3,087
or other wastes in a location where they cause pollution of any 3,088
waters of the state. 3,089
(2) An action prohibited under division (A)(1) of this 3,091
section is hereby declared to be a public nuisance. 3,093
Divisions (A)(1) and (2) of this section do not apply if 3,095
the person causing pollution or placing or causing to be placed 3,096
wastes in a location in which they cause pollution of any waters 3,097
of the state holds a valid, unexpired permit, or renewal of a 3,099
permit, governing the causing or placement as provided in 3,100
sections 6111.01 to 6111.08 of the Revised Code or if the 3,101
person's application for renewal of such a permit is pending. 3,102
(B) If the director administers a sludge management 3,104
program pursuant to division (S) of section 6111.03 of the 3,105
Revised Code, both of the following apply except as otherwise 3,106
provided in division (B) or (F) of this section: 3,108
(1) No person, in the course of sludge management, shall 3,110
place on land located in the state or release into the air of the 3,111
state any sludge or sludge materials. 3,112
(2) An action prohibited under division (B)(1) of this 3,114
section is hereby declared to be a public nuisance. 3,115
Divisions (B)(1) and (2) of this section do not apply if 3,117
the person placing or releasing the sludge or sludge materials 3,119
holds a valid, unexpired permit, or renewal of a permit, 3,120
governing the placement or release as provided in sections 3,121
6111.01 to 6111.08 of the Revised Code or if the person's
application for renewal of such a permit is pending. 3,122
(C) No person to whom a permit has been issued shall place 3,124
or discharge, or cause to be placed or discharged, in any waters 3,125
of the state any sewage, sludge, sludge materials, industrial 3,126
waste, or other wastes in excess of the permissive discharges 3,127
specified under the existing permit without first receiving a 3,128
permit from the director to do so. 3,130
(D) No person to whom a sludge management permit has been 3,132
73
issued shall place on the land or release into the air of the 3,133
state any sludge or sludge materials in excess of the permissive 3,134
amounts specified under the existing sludge management permit 3,135
without first receiving a modification of the existing sludge 3,136
management permit or a new sludge management permit to do so from 3,137
the director. 3,138
(E) The director may require the submission of plans, 3,140
specifications, and other information that the director considers 3,142
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following: 3,144
(1) Waters used in washing sand, gravel, other aggregates, 3,146
or mineral products when the washing and the ultimate disposal of 3,149
the water used in the washing, including any sewage, industrial 3,150
waste, or other wastes contained in the waters, are entirely 3,152
confined to the land under the control of the person engaged in 3,153
the recovery and processing of the sand, gravel, other 3,154
aggregates, or mineral products and do not result in the
pollution of waters of the state; 3,155
(2) Water, gas, or other material injected into a well to 3,157
facilitate, or that is incidental to, the production of oil, gas, 3,160
artificial brine, or water derived in association with oil or gas 3,161
production and disposed of in a well, in compliance with a permit 3,162
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in 3,163
compliance with an injection well operating permit. Division 3,164
(F)(2) of this section does not authorize, without a permit, any 3,166
discharge that is prohibited by, or for which a permit is 3,167
required by, regulation of the United States environmental 3,168
protection agency.
(3) Application of any materials to land for agricultural 3,170
purposes or runoff of those materials from that application or 3,172
pollution by animal waste or soil sediment, including attached 3,173
substances, resulting from farming, silvicultural, or earthmoving 3,174
activities regulated by Chapter 307. or 1515. of the Revised 3,176
74
Code. Division (F)(3) of this section does not authorize, 3,177
without a permit, any discharge from a treatment works for 3,178
treating animal wastes having a controlled direct discharge into 3,179
the waters of the state or any discharge that is prohibited by, 3,180
or for which a permit is required by, regulation of the United 3,181
States environmental protection agency.; 3,182
(4) The excrement of domestic and farm animals defecated 3,184
on land or runoff therefrom into any waters of the state. 3,185
Division (F)(4) of this section does not authorize, without a 3,187
permit, any discharge that is prohibited by, or for which a 3,188
permit is required by, regulation of the United States 3,189
environmental protection agency. ON AND AFTER THE DATE ON WHICH 3,190
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE 3,192
NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER 3,193
SECTION 903.04 OF THE REVISED CODE, AGRICULTURAL POLLUTANTS, AS 3,194
DEFINED IN SECTION 903.01 OF THE REVISED CODE, OR STORM WATER 3,195
FROM AN AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION; 3,196
(5) The discharge of sewage, industrial waste, or other 3,198
wastes into a sewerage system tributary to a treatment works. 3,199
Division (F)(5) of this section does not authorize any discharge 3,201
into a publicly owned treatment works in violation of a 3,202
pretreatment program applicable to the publicly owned treatment 3,203
works.
(6) Septic tanks or any other disposal systems for the 3,205
disposal or treatment of sewage from single-family, two-family, 3,206
or three-family dwellings in compliance with the sanitary code 3,207
and section 1541.21 or 3707.01 of the Revised Code. Division 3,208
(F)(6) of this section does not authorize, without a permit, any 3,210
discharge that is prohibited by, or for which a permit is 3,211
required by, regulation of the United States environmental 3,212
protection agency.
(7) Exceptional quality sludge generated outside of this 3,214
state and contained in bags or other containers not greater than 3,215
one hundred pounds in capacity. As used in division (F)(7) of 3,216
75
this section, "exceptional quality sludge" has the same meaning 3,217
as in division (Y) of section 3745.11 of the Revised Code. 3,218
(G) The holder of a permit issued under section 402 (a) of 3,220
the Federal Water Pollution Control Act need not obtain a permit 3,221
for a discharge authorized by the permit until its expiration 3,223
date. The director shall administer and enforce those permits 3,225
within this state and may modify their terms and conditions in 3,227
accordance with division (J) of section 6111.03 of the Revised 3,228
Code.
Sec. 6111.44. (A) Except as otherwise provided in 3,237
DIVISION (B) OF THIS SECTION, IN section 6111.14 of the Revised 3,239
Code, or in rules adopted under division (G) of section 6111.03 3,240
of the Revised Code, no municipal corporation, county, public 3,241
institution, corporation, or officer or employee thereof or other 3,242
person shall provide or install sewerage or treatment works for 3,243
sewage, sludge, or sludge materials disposal or treatment or make 3,244
a change in any sewerage or treatment works until the plans 3,245
therefor have been submitted to and approved by the director of 3,246
environmental protection. Sections 6111.44 to 6111.46 of the 3,247
Revised Code apply to sewerage and treatment works of a municipal 3,249
corporation or part thereof, an unincorporated community, a 3,250
county sewer district, or other land outside of a municipal 3,251
corporation or any publicly or privately owned building or group 3,252
of buildings or place, used for the assemblage, entertainment, 3,253
recreation, education, correction, hospitalization, housing, or 3,254
employment of persons, but do not apply to sewerage or treatment 3,255
works installed or to be installed for the use of a private 3,256
residence or dwelling, or to animal waste treatment or disposal 3,257
works and related management and conservation practices that are 3,258
subject to rules adopted pursuant to division (E)(4) of section 3,259
1511.02 of the Revised Code and involving less than one thousand 3,260
animal units as animal units are defined in the United States 3,261
environmental protection agency regulations. This exclusion does 3,262
not apply to animal waste treatment works having a controlled 3,263
76
direct discharge to waters of the state. 3,264
In granting an approval, the director may stipulate 3,266
modifications, conditions, and rules that the public health and 3,268
prevention of pollution may require. Any action taken by the 3,269
director shall be a matter of public record and shall be entered 3,270
in the director's journal. Each period of thirty days that a 3,272
violation of this section continues, after a conviction for the 3,273
violation, constitutes a separate offense. 3,274
(B) SECTIONS 6111.45 AND 6111.46 OF THE REVISED CODE AND 3,278
DIVISION (A) OF THIS SECTION DO NOT APPLY TO ANY OF THE 3,280
FOLLOWING:
(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR TO 3,283
BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR DWELLING; 3,284
(2) ANIMAL WASTE DISPOSAL SYSTEMS AND RELATED MANAGEMENT 3,286
AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES ADOPTED 3,287
UNDER DIVISION (E)(4) OF SECTION 1511.02 OF THE REVISED CODE AND 3,290
INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS AS DEFINED IN 3,291
SECTION 903.01 OF THE REVISED CODE; 3,293
(3) AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 3,296
OF THE REVISED CODE, OR STORM WATER FROM AN AGRICULTURAL
OPERATION, AS DEFINED IN THAT SECTION. 3,297
Section 2. That existing sections 1511.021, 3745.04, 3,299
6111.03, 6111.035, 6111.036, 6111.04, and 6111.44 of the Revised 3,300
Code are hereby repealed. 3,301
Section 3. The amendments to section 6111.04 of the 3,303
Revised Code by this act are operative on and after the date on 3,304
which the United States Environmental Protection Agency approves 3,305
the NPDES program submitted by the Director of Agriculture under 3,306
section 903.04 of the Revised Code as enacted by this act.
Section 4. All items in this section are hereby 3,308
appropriated as designated out of any moneys in the state 3,309
treasury to the credit of the General Revenue Fund and the State 3,310
Special Revenue Fund Group. For all appropriations made in this 3,311
act, those in the first column are for fiscal year 2000 and those 3,313
77
in the second column are for fiscal year 2001. The
appropriations made in this act are in addition to any other 3,314
appropriations made for the 1999-2001 biennium. 3,315
AGR DEPARTMENT OF AGRICULTURE 3,317
General Revenue Fund 3,319
GRF 700-414 Concentrated Animal 3,322
Feeding Operation
Advisory Committee $ 0 $ 25,000 3,324
GRF 700-418 Livestock Regulation 3,326
Program $ 0 $ 1,700,000 3,328
TOTAL GRF General Revenue Fund $ 0 $ 1,725,000 3,331
State Special Revenue Fund Group 3,332
5L8 700-604 Livestock Management 3,334
Fund $ 0 $ 250,000 3,336
TOTAL SSR State Special Revenue 3,337
Fund Group $ 0 $ 250,000 3,340
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,975,000 3,343
Within the limits set forth in this act, the Director of 3,346
Budget and Management shall establish accounts indicating the 3,347
source and amount of funds for each appropriation made in this 3,348
act and shall determine the form and manner in which 3,349
appropriation accounts shall be maintained. Expenditures from 3,350
appropriations contained in this act shall be accounted for as 3,351
though made in Am. Sub. H.B. 283 of the 123rd General Assembly. 3,352
The appropriations made in this act are subject to all 3,354
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 3,356
that are generally applicable to such appropriations. 3,357
Section 5. (A) As used in this section, "agricultural 3,359
operation" and "agricultural pollutant" have the same meanings as 3,362
in section 903.01 of the Revised Code, as enacted by this act. 3,363
(B) On the date on which the Director of Agriculture has 3,365
finalized the program required under division (B)(1) of section 3,367
903.02 of the Revised Code, as enacted by this act, the Director 3,369
of Environmental Protection shall provide the Director of 3,370
78
Agriculture with both of the following: 3,371
(1) Copies of all permits issued under division (J)(1) of 3,374
section 6111.03 of the Revised Code for the installation of 3,375
disposal systems for agricultural operations that were issued on 3,376
or before that date together with any related information that 3,378
the Director of Agriculture requests; 3,379
(2) All permit applications and accompanying information 3,381
that were submitted under division (J)(1) of section 6111.03 of 3,382
the Revised Code prior to the date specified in division (B) of 3,383
this section for the installation of disposal systems identified 3,384
in that division.
(C) On the date on which the United States Environmental 3,386
Protection Agency approves the NPDES program submitted by the 3,387
Director of Agriculture under section 903.04 of the Revised Code, 3,388
as enacted by this act, the Director of Environmental Protection 3,389
shall provide the Director of Agriculture with both of the 3,390
following: 3,391
(1) Copies of all permits issued under division (J)(1) of 3,393
section 6111.03 of the Revised Code for the discharge of 3,394
agricultural pollutants and the discharge of storm water from 3,395
agricultural operations that were issued on or before that date 3,396
together with any related information that the Director of 3,397
Agriculture requests;
(2) All permit applications and accompanying information 3,399
that were submitted under division (J)(1) of section 6111.03 of 3,400
the Revised Code prior to the date specified in division (C) of 3,401
this section for the activities identified in that division. 3,402
Section 6. The codified and uncodified sections of law 3,404
contained in this act are subject to the referendum. Therefore, 3,406
under Ohio Constitution, Article II, Section 1c and section 1.471 3,407
of the Revised Code, the codified and uncodified sections of law 3,408
contained in this act take effect on the ninety-first day after 3,409
this act is filed with the Secretary of State. If, however, a 3,410
referendum petition is filed against the sections, the sections, 3,411
79
unless rejected at the referendum, take effect at the earliest
time permitted by law. 3,412
Section 7. Section 1511.021 of the Revised Code is 3,414
presented in this act as a composite of the section as amended by 3,415
both Am. Sub. S.B. 182 and Am. Sub. S.B. 226 of the 120th General 3,416
Assembly, with the new language of neither of the acts shown in 3,418
capital letters. This is in recognition of the principle stated 3,419
in division (B) of section 1.52 of the Revised Code that such 3,420
amendments are to be harmonized where not substantively 3,421
irreconcilable and constitutes a legislative finding that such is 3,422
the resulting version in effect prior to the effective date of 3,423
this act.