As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 141 5
1999-2000 6
SENATORS MUMPER-DRAKE-WHITE-KEARNS 7
REPRESENTATIVES VESPER-BUCHY-ASLANIDES-COLLIER-WIDENER- 9
NETZLEY-KRUPINSKI-HOOD-STAPLETON-EVANS-FLANNERY-BARNES 10
_________________________________________________________________ 12
A B I L L
To amend sections 1511.02, 1511.021, 1511.022, 14
1511.07, 1511.071, 1515.08, 3745.04, 6111.03, 15
6111.035, 6111.04, 6111.44, and 6111.45 and to 16
enact sections 307.204, 505.266, 903.01 to 17
903.20, and 903.99 of the Revised Code to 19
transfer authority to issue permits for the 20
construction of new or modification of existing 21
concentrated animal feeding facilities from the 22
Director of Environmental Protection to the
Director of Agriculture, to provide for the 24
regulation of concentrated animal feeding 25
facilities and concentrated animal feeding
operations, to transfer authority to issue 26
national pollutant discharge elimination system 27
permits for concentrated animal feeding
operations and certain other entities from the 29
Director of Environmental Protection to the 30
Director of Agriculture, to require certain
existing concentrated animal feeding facilities 31
to obtain review compliance certificates, and to
make an appropriation. 32
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 1511.02, 1511.021, 1511.022, 36
2
1511.07, 1511.071, 1515.08, 3745.04, 6111.03, 6111.035, 6111.04, 38
6111.44, and 6111.45 be amended and sections 307.204, 505.266, 39
903.01, 903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 41
903.09, 903.10, 903.11, 903.12, 903.13, 903.14, 903.15, 903.16, 42
903.17, 903.18, 903.19, 903.20, and 903.99 of the Revised Code be 43
enacted to read as follows:
Sec. 307.204. (A) AS USED IN THIS SECTION: 45
(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING FACILITY," 48
AND "MAJOR CONCENTRATED ANIMAL FEEDING FACILITY" HAVE THE SAME 50
MEANINGS AS IN SECTION 903.01 OF THE REVISED CODE.
(2) "FACILITY" MEANS A PROPOSED NEW OR EXPANDED MAJOR 52
CONCENTRATED ANIMAL FEEDING FACILITY. 53
(3) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR 55
BOTH OF COUNTY INFRASTRUCTURE. 56
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL 58
PROVIDE WRITTEN NOTIFICATION AS REQUIRED UNDER DIVISION (C) OF 59
THIS SECTION TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 60
IN WHICH A FACILITY IS OR IS TO BE LOCATED: 62
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING 64
FACILITY;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 66
OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING FACILITY BY TEN 67
PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN 68
THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE 69
FACILITY OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL 70
SYSTEM FOR MANURE AT THE FACILITY ISSUED UNDER SECTION 903.02 OR 71
DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS 72
APPLICABLE;
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 74
OF AN EXISTING CONCENTRATED ANIMAL FEEDING FACILITY BY TEN PER 75
CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE 76
CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE FACILITY 77
OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR 78
MANURE AT THE FACILITY ISSUED UNDER SECTION 903.02 OR DIVISION 80
3
(J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO 81
A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 82
(C) THE PERSON SHALL NOTIFY THE BOARD IN WRITING BY 86
CERTIFIED MAIL OF THE PROPOSED CONSTRUCTION OR EXPANSION OF THE 87
FACILITY AND INCLUDE THE FOLLOWING INFORMATION: 88
(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND 90
FROM THE FACILITY; 91
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES 93
TRAVELING TO AND FROM THE FACILITY. 94
(D) AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY 96
REVIEW THE WRITTEN NOTIFICATION AND ADVISE THE BOARD ON BOTH OF 98
THE FOLLOWING:
(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE 100
REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON COUNTY 101
INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE FACILITY, 102
INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON COUNTY 103
ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND 105
MAINTENANCE.
NOT LATER THAN TEN DAYS AFTER RECEIVING THE WRITTEN 107
NOTIFICATION, THE BOARD MAY REQUEST THE PERSON TO PROVIDE 110
ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING THE 111
IMPACT OF THE FACILITY ON COUNTY INFRASTRUCTURE. THE PERSON
SHALL PROVIDE THE INFORMATION NOT LATER THAN TEN DAYS AFTER THE 112
REQUEST IS MADE. 113
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL 115
WRITTEN NOTIFICATION IS RECEIVED BY THE BOARD, THE BOARD SHALL 117
SUBMIT TO THE PERSON ITS RECOMMENDATIONS, IF ANY, CONCERNING THE
IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE FACILITY AND 119
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
4
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 WRITTEN NOTIFICATION REQUIRED UNDER THIS 137
SECTION WAS SUBMITTED AND THAT FINAL RECOMMENDATIONS WERE 139
SELECTED REGARDING NEEDED IMPROVEMENTS AND THE COSTS OF THOSE 140
IMPROVEMENTS. THE BOARD SHALL PROVIDE THE PERSON WITH THE 141
ORIGINAL OF THE STATEMENT SO THAT THE PERSON CAN INCLUDE IT WITH 142
THE APPLICATION FOR A PERMIT TO INSTALL FOR THE FACILITY AS 143
REQUIRED UNDER DIVISION (C)(4) OF SECTION 903.02 OF THE REVISED 144
CODE. THE BOARD SHALL RETAIN A COPY OF THE STATEMENT FOR ITS 145
RECORDS.
(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR 147
FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF 148
IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND 149
WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE 150
PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY 151
CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH 152
THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 153
RECOMMENDATIONS. 154
THE BOARD SHALL ALLOW SUFFICIENT TIME FOR THE PERSON TO 157
APPLY FOR AND PROCEED TO OBTAIN, FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION, MODIFICATION, OR MAINTENANCE OF THE IMPROVEMENTS, 158
EXEMPTIONS FROM TAXATION UNDER SECTIONS 5709.63, 5709.632, 160
5709.73, AND 5709.78 OF THE REVISED CODE OR STATE OR FEDERAL
GRANTS THAT MAY BE AVAILABLE. 162
IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 164
RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON 165
5
IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION 166
FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST 167
SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL 169
REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS. 170
(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION 172
UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY 173
THE FACILITY, OR IF THE ROUTES OF TRAVEL TO OR FROM THE FACILITY 175
CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY 176
THE COUNTY, THE BOARD OR THE PERSON MAY REQUEST THAT ADDITIONAL 177
INFORMATION BE PROVIDED IN WRITING AND SHALL PROCEED AS PROVIDED 179
IN THIS SECTION FOR THE NOTIFICATION AND RECOMMENDATION 180
PROCEEDINGS.
Sec. 505.266. (A) AS USED IN THIS SECTION: 182
(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING FACILITY," 184
AND "MAJOR CONCENTRATED ANIMAL FEEDING FACILITY" HAVE THE SAME 185
MEANINGS AS IN SECTION 903.01 OF THE REVISED CODE. 186
(2) "FACILITY" MEANS A PROPOSED NEW OR EXPANDED MAJOR 188
CONCENTRATED ANIMAL FEEDING FACILITY. 189
(3) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR 191
BOTH OF TOWNSHIP INFRASTRUCTURE. 192
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL 194
PROVIDE WRITTEN NOTIFICATION AS REQUIRED UNDER DIVISION (C) OF 195
THIS SECTION TO THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN 196
WHICH A FACILITY IS OR IS TO BE LOCATED: 197
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING 199
FACILITY;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 201
OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING FACILITY BY TEN 202
PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN 203
THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE 204
FACILITY OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL 205
SYSTEM FOR MANURE AT THE FACILITY ISSUED UNDER SECTION 903.02 OR 206
DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS 207
APPLICABLE;
6
(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY 209
OF AN EXISTING CONCENTRATED ANIMAL FEEDING FACILITY BY TEN PER 210
CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE 211
CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE FACILITY 212
OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR 213
MANURE AT THE FACILITY ISSUED UNDER SECTION 903.02 OR DIVISION 214
(J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO 215
A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS. 217
(C) THE PERSON SHALL NOTIFY THE BOARD IN WRITING BY 219
CERTIFIED MAIL OF THE PROPOSED CONSTRUCTION OR EXPANSION OF THE 221
FACILITY AND INCLUDE THE FOLLOWING INFORMATION:
(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND 223
FROM THE FACILITY; 224
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES 226
TRAVELING TO AND FROM THE FACILITY. 227
(D) AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY 230
REVIEW THE WRITTEN NOTIFICATION AND ADVISE THE BOARD ON BOTH OF 231
THE FOLLOWING:
(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE 233
REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON TOWNSHIP 234
INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE FACILITY, 235
INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON TOWNSHIP 236
ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND 238
MAINTENANCE.
NOT LATER THAN TEN DAYS AFTER RECEIVING THE WRITTEN 240
NOTIFICATION, THE BOARD MAY REQUEST THE PERSON TO PROVIDE 243
ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING THE
IMPACT OF THE FACILITY ON TOWNSHIP INFRASTRUCTURE. THE PERSON 244
SHALL PROVIDE THE INFORMATION NOT LATER THAN TEN DAYS AFTER THE 245
REQUEST IS MADE.
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL 247
WRITTEN NOTIFICATION IS RECEIVED BY THE BOARD, THE BOARD SHALL 249
SUBMIT TO THE PERSON ITS RECOMMENDATIONS, IF ANY, CONCERNING THE
7
IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE FACILITY AND 251
THE COST OF THOSE IMPROVEMENTS. 252
(2) NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE 254
BOARD'S RECOMMENDATIONS, THE PERSON SHALL NOTIFY THE BOARD EITHER 255
THAT THE PERSON AGREES WITH THE RECOMMENDATIONS AND WILL 256
IMPLEMENT THEM OR THAT THE PERSON IS SUBMITTING REASONABLE 257
ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS TO THE BOARD. IF 258
THE PERSON AGREES WITH THE RECOMMENDATIONS, THEY SHALL BE 259
CONSIDERED TO BE THE BOARD'S FINAL RECOMMENDATIONS. 260
(3) IF THE BOARD RECEIVES ALTERNATIVE RECOMMENDATIONS OR 262
MODIFICATIONS UNDER DIVISION (E)(2) OF THIS SECTION, THE BOARD 263
SHALL SELECT FINAL RECOMMENDATIONS AND SUBMIT THEM TO THE PERSON 264
NOT LATER THAN THIRTY DAYS AFTER THE RECEIPT OF THE ALTERNATIVE 266
RECOMMENDATIONS OR MODIFICATIONS.
(F) THE BOARD SHALL PREPARE A WRITTEN, DATED STATEMENT 268
CERTIFYING THAT THE WRITTEN NOTIFICATION REQUIRED UNDER THIS 269
SECTION WAS SUBMITTED AND THAT FINAL RECOMMENDATIONS WERE 271
SELECTED REGARDING NEEDED IMPROVEMENTS AND THE COSTS OF THOSE 272
IMPROVEMENTS. THE BOARD SHALL PROVIDE THE PERSON WITH THE 273
ORIGINAL OF THE STATEMENT SO THAT THE PERSON CAN INCLUDE IT WITH 274
THE APPLICATION FOR A PERMIT TO INSTALL FOR THE FACILITY AS 275
REQUIRED UNDER DIVISION (C)(4) OF SECTION 903.02 OF THE REVISED 276
CODE. THE BOARD SHALL RETAIN A COPY OF THE STATEMENT FOR ITS 278
RECORDS.
(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR 280
FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF 281
IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND 282
WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE 283
PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY 284
CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH 285
THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 286
RECOMMENDATIONS. 287
THE BOARD SHALL ALLOW SUFFICIENT TIME FOR THE PERSON TO 290
APPLY FOR AND PROCEED TO OBTAIN, FOR THE PURPOSE OF FINANCING THE
8
CONSTRUCTION, MODIFICATION, OR MAINTENANCE OF THE IMPROVEMENTS, 291
EXEMPTIONS FROM TAXATION UNDER SECTIONS 5709.63, 5709.632, 293
5709.73, AND 5709.78 OF THE REVISED CODE OR STATE OR FEDERAL
GRANTS THAT MAY BE AVAILABLE. 295
IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL 297
RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON 298
IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION 299
FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST 300
SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL 301
REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS. 302
(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION 304
UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY 305
THE FACILITY, OR IF THE ROUTES OF TRAVEL TO OR FROM THE FACILITY 307
CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY 308
THE TOWNSHIP, THE BOARD OR THE PERSON MAY REQUEST THAT ADDITIONAL 309
INFORMATION BE PROVIDED IN WRITING AND SHALL PROCEED AS PROVIDED 311
IN THIS SECTION FOR THE NOTIFICATION AND RECOMMENDATION
PROCEEDINGS. 312
Sec. 903.01. AS USED IN THIS CHAPTER: 314
(A) "AGRICULTURAL ANIMAL" MEANS ANY ANIMAL GENERALLY USED 317
FOR FOOD OR IN THE PRODUCTION OF FOOD, INCLUDING CATTLE, SHEEP, 318
GOATS, RABBITS, POULTRY, AND SWINE; HORSES; AND ANY OTHER ANIMAL 319
INCLUDED BY THE DIRECTOR OF AGRICULTURE BY RULE. 320
(B) "ANIMAL FEEDING FACILITY" MEANS A LOT, OR BUILDING, OR 322
STRUCTURE WHERE BOTH OF THE FOLLOWING CONDITIONS ARE MET: 325
(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, 327
OR WILL BE STABLED OR CONFINED AND FED OR MAINTAINED THERE FOR A 328
TOTAL OF FORTY-FIVE DAYS OR MORE IN ANY TWELVE-MONTH PERIOD. 329
(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST 331
RESIDUES ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON OVER ANY 332
PORTION OF THE LOT, BUILDING, OR STRUCTURE. 333
"ANIMAL FEEDING FACILITY" ALSO INCLUDES LAND THAT IS OWNED 335
OR LEASED BY THE OWNER OR OPERATOR OF THE LOT, BUILDING, OR 336
STRUCTURE AND ON WHICH MANURE ORIGINATING FROM THE LOT, BUILDING, 337
9
OR STRUCTURE IS APPLIED. "ANIMAL FEEDING FACILITY" DOES NOT 338
INCLUDE A HATCHERY, FISH FARM, OR OTHER FACILITY THAT RAISES 339
AQUATIC ANIMALS. 340
TWO OR MORE ANIMAL FEEDING FACILITIES UNDER COMMON 342
OWNERSHIP SHALL BE CONSIDERED TO BE A SINGLE ANIMAL FEEDING 344
FACILITY FOR THE PURPOSES OF THIS CHAPTER IF THEY ADJOIN EACH
OTHER OR IF THEY USE A COMMON AREA OR SYSTEM FOR THE DISPOSAL OF 346
WASTES.
(C) "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT CALCULATED 349
BY ADDING THE FOLLOWING NUMBERS: 350
(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED 352
BY ONE; 353
(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR 355
DRY MULTIPLIED BY ONE AND FOUR-TENTHS; 356
(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE 358
POUNDS MULTIPLIED BY FOUR-TENTHS; 359
(4) THE NUMBER OF HORSES MULTIPLIED BY TWO; 361
(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH; 363
(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS; 365
(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY 367
ONE-HUNDREDTH; 368
(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS. 370
(D) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT 372
PRACTICES ESTABLISHED IN RULES. 374
(E) "CONCENTRATED ANIMAL FEEDING FACILITY" MEANS AN 376
ANIMAL FEEDING FACILITY WITH A TOTAL DESIGN CAPACITY OF MORE THAN 378
ONE THOUSAND ANIMAL UNITS. 379
(F) "CONCENTRATED ANIMAL FEEDING OPERATION" HAS THE SAME 381
MEANING AS IN REGULATIONS ADOPTED BY THE UNITED STATES 382
ENVIRONMENTAL PROTECTION AGENCY UNDER THE FEDERAL WATER POLLUTION 383
CONTROL ACT. 384
(G) "DISCHARGE" MEANS TO ADD FROM A POINT SOURCE TO WATERS 386
OF THE STATE. 388
(H) "FEDERAL WATER POLLUTION CONTROL ACT" MEANS THE 392
10
"FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972," 86 393
STAT. 816, 33 U.S.C. 1251 ET. SEQ., AS AMENDED, AND REGULATIONS 395
ADOPTED UNDER IT.
(I) "FINALIZED," WITH RESPECT TO THE PROGRAMS REQUIRED 397
UNDER DIVISION (A)(1) OF SECTION 903.02 AND DIVISION (A)(1) OF 398
SECTION 903.03 OF THE REVISED CODE, MEANS THAT ALL RULES THAT ARE 400
NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER HAVE BEEN 402
ADOPTED AND ALL EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE THAT 403
ARE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER HAVE BEEN 404
EMPLOYED.
(J) "GENERAL PERMIT" HAS THE MEANING THAT IS ESTABLISHED 406
IN RULES. 407
(K) "INDIVIDUAL PERMIT" HAS THE MEANING THAT IS 409
ESTABLISHED IN RULES. 410
(L) "INSTALLATION PERMIT" MEANS A PERMIT FOR THE 412
INSTALLATION OR MODIFICATION OF A DISPOSAL SYSTEM OR ANY PART OF 414
A DISPOSAL SYSTEM ISSUED BY THE DIRECTOR OF ENVIRONMENTAL 416
PROTECTION UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE 417
REVISED CODE.
(M) "MAJOR CONCENTRATED ANIMAL FEEDING FACILITY" MEANS A 419
CONCENTRATED ANIMAL FEEDING FACILITY WITH A TOTAL DESIGN CAPACITY 420
OF MORE THAN TEN THOUSAND ANIMAL UNITS. 421
(N) "MANURE" MEANS ANY OF THE FOLLOWING WASTES USED IN OR 423
RESULTING FROM THE PRODUCTION OF AGRICULTURAL ANIMALS OR DIRECT 425
AGRICULTURAL PRODUCTS SUCH AS MILK OR EGGS: ANIMAL EXCRETA, 426
DISCARDED PRODUCTS, BEDDING, PROCESS WASTE WATER, PROCESS 427
GENERATED WASTE WATER, WASTE FEED, SILAGE DRAINAGE, AND COMPOST 429
PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE COMPOSTING OF 430
ANIMAL EXCRETA.
(O) "MANURE STORAGE OR TREATMENT FACILITY" MEANS ANY 433
EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF
STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING, OR 435
STORAGE OF MANURE.
(P) "MORTALITY COMPOSTING" MEANS THE CONTROLLED 437
11
DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD 438
ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE MATERIAL. 440
(Q) "NPDES PERMIT" MEANS A PERMIT ISSUED UNDER THE 442
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ESTABLISHED IN 444
SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND 446
INCLUDES THE RENEWAL OF SUCH A PERMIT. "NPDES PERMIT" INCLUDES 448
THE FEDERALLY ENFORCEABLE PROVISIONS OF A PERMIT TO OPERATE INTO 449
WHICH NPDES PERMIT PROVISIONS HAVE BEEN INCORPORATED. 450
(R) "PERMIT" INCLUDES AN INITIAL, RENEWED, OR MODIFIED 452
PERMIT TO INSTALL, PERMIT TO OPERATE, NPDES PERMIT, AND 453
INSTALLATION PERMIT UNLESS EXPRESSLY STATED OTHERWISE. 454
(S) "PERMIT TO INSTALL" MEANS A PERMIT ISSUED UNDER 456
SECTION 903.02 OF THE REVISED CODE. 458
(T) "PERMIT TO OPERATE" MEANS A PERMIT ISSUED OR RENEWED 460
UNDER SECTION 903.03 OF THE REVISED CODE AND INCLUDES 462
INCORPORATED NPDES PERMIT PROVISIONS, IF APPLICABLE. 464
(U) "PERSON" MEANS ANY LEGAL ENTITY DEFINED AS A PERSON 466
UNDER SECTION 1.59 OF THE REVISED CODE, THE STATE, ANY POLITICAL 468
SUBDIVISION OF THE STATE, ANY INTERSTATE BODY CREATED BY COMPACT, 469
THE UNITED STATES, OR ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY 471
OF ANY OF THOSE ENTITIES. 472
(V) "POINT SOURCE" HAS THE SAME MEANING AS IN THE FEDERAL 475
WATER POLLUTION CONTROL ACT. 476
(W) "PROCESS GENERATED WASTE WATER" MEANS WATER THAT IS 478
DIRECTLY OR INDIRECTLY USED IN THE OPERATION OF AN ANIMAL FEEDING 480
FACILITY FOR ANY OF THE FOLLOWING: 482
(1) SPILLAGE OR OVERFLOW FROM ANIMAL WATERING SYSTEMS; 485
(2) WASHING, CLEANING, OR FLUSHING PENS, BARNS, MANURE 487
PITS, OR OTHER AREAS OF AN ANIMAL FEEDING FACILITY; 488
(3) DIRECT CONTACT SWIMMING, WASHING, OR SPRAY COOLING OF 490
ANIMALS; 491
(4) DUST CONTROL. 493
(X) "PROCESS WASTE WATER" MEANS ANY PROCESS GENERATED 495
WASTE WATER AND ANY PRECIPITATION, INCLUDING RAIN OR SNOW, THAT 496
12
COMES INTO CONTACT WITH MANURE, LITTER, BEDDING, OR ANY OTHER RAW 498
MATERIAL OR INTERMEDIATE OR FINAL MATERIAL OR PRODUCT USED IN OR 499
RESULTING FROM THE PRODUCTION OF ANIMALS OR DIRECT PRODUCTS SUCH 500
AS MILK OR EGGS.
(Y) "PUBLIC MEETING" MEANS A NONADVERSARIAL PUBLIC HEARING 502
AT WHICH A PERSON MAY PRESENT WRITTEN OR ORAL STATEMENTS FOR THE 503
DIRECTOR OF AGRICULTURE'S CONSIDERATION AND INCLUDES PUBLIC 504
HEARINGS HELD UNDER SECTION 6111.12 OF THE REVISED CODE. 505
(Z) "REVIEW COMPLIANCE CERTIFICATE" MEANS A CERTIFICATE 507
ISSUED UNDER SECTION 903.04 OF THE REVISED CODE. 508
(AA) "RULE" MEANS A RULE ADOPTED UNDER SECTION 903.10 OF 510
THE REVISED CODE.
(BB) "WATERS OF THE STATE" HAS THE SAME MEANING AS IN 512
SECTION 6111.01 OF THE REVISED CODE. 513
Sec. 903.02. (A)(1) NOT LATER THAN ONE HUNDRED EIGHTY 515
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF 517
AGRICULTURE SHALL PREPARE A PROGRAM FOR THE ISSUANCE OF PERMITS 518
TO INSTALL UNDER THIS SECTION.
(2) ON AND AFTER THE DATE ON WHICH THE DIRECTOR HAS 521
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF THIS 522
SECTION, NO PERSON SHALL MODIFY AN EXISTING OR CONSTRUCT A NEW 523
CONCENTRATED ANIMAL FEEDING FACILITY WITHOUT FIRST OBTAINING A 524
PERMIT TO INSTALL ISSUED BY THE DIRECTOR UNDER THIS SECTION. 525
(B) THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 528
REPRESENTATIVE MAY HELP AN APPLICANT FOR A PERMIT TO INSTALL 529
DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND TECHNICAL 530
ASSISTANCE.
(C) AN APPLICANT FOR A PERMIT TO INSTALL SHALL SUBMIT AN 533
APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR 534
PRESCRIBES AND PROVIDES TOGETHER WITH A FEE IN AN AMOUNT 535
ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE WITH THE 536
APPLICATION ALL OF THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS 539
IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS AND 540
13
DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER 541
PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT 542
OF THE APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR 543
MANAGERS OF THE APPLICANT;
(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL UNITS 546
THAT THE CONCENTRATED ANIMAL FEEDING FACILITY WOULD HAVE THE
DESIGN CAPACITY TO RAISE OR MAINTAIN; 548
(3) DESIGNS AND PLANS FOR THE PROPOSED CONSTRUCTION OF THE 551
CONCENTRATED ANIMAL FEEDING FACILITY THAT INCLUDE THE PROPOSED 552
LOCATION OF THE CONSTRUCTION, DESIGN AND CONSTRUCTION PLANS AND 553
SPECIFICATIONS, ANTICIPATED BEGINNING AND ENDING DATES FOR WORK 554
PERFORMED, AND ANY OTHER INFORMATION THAT THE DIRECTOR REQUIRES 555
BY RULE;
(4) IN THE CASE OF AN APPLICATION FOR A CONCENTRATED 557
ANIMAL FEEDING FACILITY THAT MEETS THE CRITERIA ESTABLISHED IN 558
SECTIONS 307.204 AND 505.266 OF THE REVISED CODE, WRITTEN 561
STATEMENTS FROM THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY 562
AND THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE 563
CONCENTRATED ANIMAL FEEDING FACILITY WOULD BE LOCATED CERTIFYING 564
THAT, IN ACCORDANCE WITH THOSE SECTIONS, THE APPLICANT HAS 566
PROVIDED THE BOARDS WITH THE REQUIRED WRITTEN NOTIFICATION AND
THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING IMPROVEMENTS, 567
IF ANY, TO COUNTY OR TOWNSHIP INFRASTRUCTURE THAT ARE NEEDED AS A 568
RESULT OF THE NEW OR EXPANDED CONCENTRATED ANIMAL FEEDING 569
FACILITY AND THE COSTS OF THOSE IMPROVEMENTS; 570
(5) A STATEMENT OF THE QUANTITY OF WATER THAT THE 573
CONCENTRATED ANIMAL FEEDING FACILITY WILL UTILIZE ON AN AVERAGE 574
DAILY AND ANNUAL BASIS, A DETAILED DESCRIPTION OF THE BASIS FOR 575
THE CALCULATION UTILIZED IN DETERMINING THE QUANTITY OF WATER 576
UTILIZED, AND A STATEMENT IDENTIFYING THE SOURCE FOR THE WATER; 577
(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE 579
WITH THE FEDERAL WATER POLLUTION CONTROL ACT REQUIRED TO BE 585
PROVIDED UNDER SECTION 903.05 OF THE REVISED CODE, IF APPLICABLE; 586
(7) ANY OTHER INFORMATION REQUIRED BY RULE. 588
14
INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR 590
THE MODIFICATION OF A PERMIT TO INSTALL, TOGETHER WITH THE 591
APPLICABLE FEE AMOUNT, SHALL BE ESTABLISHED IN RULES. 592
(D) THE DIRECTOR SHALL ISSUE PERMITS TO INSTALL IN 594
ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE. THE DIRECTOR 595
SHALL DENY A PERMIT TO INSTALL IF EITHER OF THE FOLLOWING 596
APPLIES:
(1) THE PERMIT APPLICATION CONTAINS MISLEADING OR FALSE 599
INFORMATION.
(2) THE DESIGNS AND PLANS FAIL TO CONFORM TO BEST 601
MANAGEMENT PRACTICES. 602
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT TO INSTALL 604
SHALL BE THOSE ESTABLISHED IN THIS CHAPTER AND RULES. 605
(E) A PERMIT TO INSTALL SHALL EXPIRE AFTER A PERIOD 607
SPECIFIED BY THE DIRECTOR UNLESS THE APPLICANT HAS UNDERTAKEN A 609
CONTINUING PROGRAM OF CONSTRUCTION OR HAS ENTERED INTO A BINDING 610
CONTRACTUAL OBLIGATION TO UNDERTAKE AND COMPLETE A CONTINUING 611
PROGRAM OF CONSTRUCTION WITHIN A REASONABLE TIME. THE DIRECTOR 612
MAY EXTEND THE EXPIRATION DATE OF A PERMIT TO INSTALL UPON 613
REQUEST OF THE APPLICANT. 614
(F) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A PERMIT 616
TO INSTALL IN ACCORDANCE WITH RULES. 617
(G) NOTHING IN THIS CHAPTER AFFECTS SECTION 1521.16 OF THE 619
REVISED CODE.
Sec. 903.03. (A)(1) NOT LATER THAN ONE HUNDRED EIGHTY 621
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF 622
AGRICULTURE SHALL PREPARE A PROGRAM FOR THE ISSUANCE OF PERMITS 623
TO OPERATE UNDER THIS SECTION.
(2) EXCEPT FOR A CONCENTRATED ANIMAL FEEDING FACILITY THAT 625
IS OPERATING UNDER AN INSTALLATION PERMIT OR A REVIEW COMPLIANCE 626
CERTIFICATE, ON AND AFTER THE DATE ON WHICH THE DIRECTOR HAS 627
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF THIS 628
SECTION, NO PERSON SHALL OPERATE A CONCENTRATED ANIMAL FEEDING 629
FACILITY WITHOUT A PERMIT TO OPERATE ISSUED BY THE DIRECTOR UNDER 631
15
THIS SECTION.
(B) THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 633
REPRESENTATIVE MAY HELP AN APPLICANT FOR A PERMIT TO OPERATE 635
DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND TECHNICAL 636
ASSISTANCE.
(C) AN APPLICANT FOR A PERMIT TO OPERATE SHALL SUBMIT A 638
FEE IN AN AMOUNT ESTABLISHED BY RULE TOGETHER WITH, EXCEPT AS 640
OTHERWISE PROVIDED IN DIVISION (E) OF THIS SECTION, AN 641
APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR 642
PRESCRIBES AND PROVIDES. THE APPLICANT SHALL INCLUDE WITH THE 643
APPLICATION ALL OF THE FOLLOWING INFORMATION: 644
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS 646
IF THE APPLICANT IS A PARTNERSHIP OR ALL OFFICERS AND DIRECTORS 647
IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER PERSON WHO 648
HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE 649
APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF 650
THE APPLICANT;
(2) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE 652
WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT IS REQUIRED TO 654
BE PROVIDED UNDER SECTION 903.05 OF THE REVISED CODE, IF
APPLICABLE; 655
(3) A MANURE MANAGEMENT PLAN FOR THE CONCENTRATED ANIMAL 657
FEEDING FACILITY THAT CONFORMS TO BEST MANAGEMENT PRACTICES 658
REGARDING THE HANDLING, STORAGE, TRANSPORTATION, AND LAND 659
APPLICATION OF MANURE GENERATED AT THE FACILITY AND THAT CONTAINS 660
ANY OTHER INFORMATION REQUIRED BY RULE; 661
(4) AN INSECT AND RODENT CONTROL PLAN FOR THE CONCENTRATED 663
ANIMAL FEEDING FACILITY THAT CONFORMS TO BEST MANAGEMENT 664
PRACTICES AND IS PREPARED IN ACCORDANCE WITH SECTION 903.06 OF 665
THE REVISED CODE;
(5) IN THE CASE OF AN APPLICATION FOR A MAJOR CONCENTRATED 667
ANIMAL FEEDING FACILITY, WRITTEN PROOF THAT THE PERSON WHO WOULD 668
BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING 669
OF MANURE AT THE FACILITY HAS BEEN ISSUED A LIVESTOCK MANAGER 670
16
CERTIFICATION IN ACCORDANCE WITH SECTION 903.07 OF THE REVISED 671
CODE OR WILL OBTAIN A LIVESTOCK MANAGER CERTIFICATION PRIOR TO 672
APPLYING ANY MANURE TO LAND. 673
(D) THE DIRECTOR SHALL ISSUE PERMITS TO OPERATE IN 675
ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE. THE DIRECTOR 676
SHALL DENY A PERMIT TO OPERATE IF EITHER OF THE FOLLOWING 678
APPLIES:
(1) THE PERMIT APPLICATION CONTAINS MISLEADING OR FALSE 680
INFORMATION; 681
(2) THE MANURE MANAGEMENT PLAN OR INSECT AND RODENT 683
CONTROL PLAN FAILS TO CONFORM TO BEST MANAGEMENT PRACTICES. 684
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT TO OPERATE 686
SHALL BE THOSE ESTABLISHED IN THIS CHAPTER AND IN RULES. 687
(E) THE DIRECTOR SHALL ISSUE GENERAL PERMITS TO OPERATE 690
FOR CATEGORIES OF CONCENTRATED ANIMAL FEEDING FACILITIES THAT 691
WILL APPLY IN LIEU OF INDIVIDUAL PERMITS TO OPERATE, PROVIDED
THAT EACH CATEGORY OF FACILITIES MEETS ALL OF THE CRITERIA 693
ESTABLISHED IN RULES FOR GENERAL PERMITS TO OPERATE. A PERSON 694
WHO IS REQUIRED TO OBTAIN A PERMIT TO OPERATE SHALL SUBMIT TO THE 695
DIRECTOR A NOTICE OF THE PERSON'S INTENT TO BE COVERED UNDER AN 696
EXISTING GENERAL PERMIT OR, AT THE PERSON'S OPTION, SHALL SUBMIT 697
AN APPLICATION FOR AN INDIVIDUAL PERMIT TO OPERATE. UPON RECEIPT 698
OF A NOTICE OF INTENT TO BE COVERED UNDER AN EXISTING GENERAL 699
PERMIT, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN WRITING THAT 700
THE PERSON IS COVERED BY THE GENERAL PERMIT IF THE PERSON 701
SATISFIES THE CRITERIA ESTABLISHED IN RULES FOR ELIGIBILITY FOR 702
SUCH COVERAGE. IF THE PERSON IS INELIGIBLE FOR COVERAGE UNDER 703
THE GENERAL PERMIT, THE DIRECTOR SHALL REQUIRE THE SUBMISSION OF 704
AN APPLICATION FOR AN INDIVIDUAL PERMIT TO OPERATE. 705
(F) A PERMIT TO OPERATE SHALL BE VALID FOR A PERIOD OF 707
FIVE YEARS. 708
(G) A PERMIT TO OPERATE MAY BE RENEWED. AN APPLICATION 710
FOR RENEWAL OF A PERMIT TO OPERATE SHALL BE SUBMITTED TO THE 711
DIRECTOR AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION 712
17
DATE OF THE PERMIT TO OPERATE AND SHALL COMPLY WITH THE 713
REQUIREMENTS GOVERNING APPLICATIONS FOR PERMITS TO OPERATE THAT 714
ARE ESTABLISHED UNDER THIS SECTION AND BY RULES, INCLUDING 715
REQUIREMENTS PERTAINING TO PUBLIC NOTICE AND PARTICIPATION. 716
(H) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A PERMIT 718
TO OPERATE IN ACCORDANCE WITH RULES. 719
Sec. 903.04. (A) AS USED IN THIS SECTION, "EXISTING 721
CONCENTRATED ANIMAL FEEDING FACILITY" OR "EXISTING FACILITY" 722
MEANS A CONCENTRATED ANIMAL FEEDING FACILITY THAT WAS IN 723
EXISTENCE PRIOR TO THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE 724
HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF 725
SECTION 903.03 OF THE REVISED CODE AND THAT HAS RECEIVED AN 726
INSTALLATION PERMIT PRIOR TO THAT DATE. 728
(B) ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF 730
AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION 731
(A)(1) OF SECTION 903.02 OF THE REVISED CODE, THE AUTHORITY TO 733
ENFORCE TERMS AND CONDITIONS OF INSTALLATION PERMITS THAT 734
PREVIOUSLY WERE ISSUED TO ANIMAL FEEDING FACILITIES SHALL BE
TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE 736
DIRECTOR OF AGRICULTURE. THEREAFTER, THE DIRECTOR OF 737
ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE 738
TERMS AND CONDITIONS OF THOSE INSTALLATION PERMITS. ON AND AFTER 739
THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS FINALIZED THE 740
PROGRAM REQUIRED UNDER DIVISION (A)(1) OF SECTION 903.02 OF THE 741
REVISED CODE, AN INSTALLATION PERMIT CONCERNING WHICH ENFORCEMENT 743
AUTHORITY HAS BEEN TRANSFERRED SHALL BE DEEMED TO HAVE BEEN 744
ISSUED UNDER THIS SECTION.
(C) A PERSON TO WHOM AN INSTALLATION PERMIT HAS BEEN 746
ISSUED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION PRIOR TO THE 748
DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS FINALIZED THE 749
PROGRAM REQUIRED UNDER DIVISION (A)(1) OF SECTION 903.03 OF THE 750
REVISED CODE MAY CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL 751
EITHER OF THE FOLLOWING OCCURS: 752
(1) THE INSTALLATION PERMIT IS TERMINATED THROUGH THE 754
18
DENIAL OF A REVIEW COMPLIANCE CERTIFICATE UNDER DIVISION (F) OF 755
THIS SECTION. 756
(2) THE PERSON IS REQUIRED UNDER DIVISION (H) OF THIS 758
SECTION TO OBTAIN A PERMIT TO OPERATE. 760
(D) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, ON AND 762
AFTER THE DATE THAT IS TWO YEARS AFTER THE DATE ON WHICH THE 763
DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) 764
OF SECTION 903.03 OF THE REVISED CODE, AND UNTIL THE ISSUANCE OF 765
A PERMIT TO OPERATE, NO PERSON SHALL OPERATE AN EXISTING 766
CONCENTRATED ANIMAL FEEDING FACILITY UNLESS THE PERSON HOLDS A 767
REVIEW COMPLIANCE CERTIFICATE. 768
THIS DIVISION DOES NOT APPLY TO A PERSON WHO HAS MADE A 770
TIMELY SUBMITTAL OF THE INFORMATION REQUIRED UNDER DIVISION 771
(E)(2) OF THIS SECTION AND WHO IS WAITING FOR THE DIRECTOR TO 772
ISSUE OR DENY A REVIEW COMPLIANCE CERTIFICATE. SUCH A PERSON MAY 773
CONTINUE THE OPERATION OF THE EXISTING CONCENTRATED ANIMAL 774
FEEDING FACILITY UNTIL, IF APPLICABLE, THE DIRECTOR ISSUES AN 775
ORDER DENYING THE REVIEW COMPLIANCE CERTIFICATE. 776
(E) NOT LATER THAN TWO YEARS AFTER THE DATE ON WHICH THE 778
DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) 779
OF SECTION 903.03 OF THE REVISED CODE, BOTH OF THE FOLLOWING 780
APPLY:
(1) THE DIRECTOR SHALL REVIEW THE INSTALLATION PERMIT THAT 782
PREVIOUSLY WAS ISSUED TO AN EXISTING CONCENTRATED ANIMAL FEEDING 783
FACILITY AND SHALL INSPECT THE FACILITY TO DETERMINE IF IT IS IN 784
COMPLIANCE WITH THAT PERMIT.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(2) OF 786
THIS SECTION, THE OWNER OR OPERATOR OF AN EXISTING CONCENTRATED 787
ANIMAL FEEDING FACILITY SHALL FURNISH ALL OF THE FOLLOWING TO THE 789
DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR: 790
(a) THE NAME AND ADDRESS OF THE OWNER, OF ALL PARTNERS IF 792
THE OWNER IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF 794
THE OWNER IS A CORPORATION, AND OF ANY OTHER PERSON WHO HAS A 796
RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE FACILITY 797
19
OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF THE 798
FACILITY;
(b) THE TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS THAT 800
THE FACILITY HAS THE DESIGN CAPACITY TO RAISE OR MAINTAIN; 801
(c) A MANURE MANAGEMENT PLAN FOR THE FACILITY THAT 803
CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, 805
STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED 806
AT THE FACILITY AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED 807
BY RULE; 808
(d) AN INSECT AND RODENT CONTROL PLAN FOR THE FACILITY 810
THAT CONFORMS TO BEST MANAGEMENT PRACTICES AND IS PREPARED IN 812
ACCORDANCE WITH SECTION 903.06 OF THE REVISED CODE;
(e) IN THE CASE OF A MAJOR CONCENTRATED ANIMAL FEEDING 814
FACILITY, WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE 815
FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE AT 817
THE FACILITY HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION IN 818
ACCORDANCE WITH SECTION 903.07 OF THE REVISED CODE.
THE OWNER OR OPERATOR NEED NOT FURNISH ANY INFORMATION 820
OTHERWISE REQUIRED UNDER DIVISION (E)(2) OF THIS SECTION IF THAT 821
INFORMATION IS INCLUDED IN THE INSTALLATION PERMIT THAT WAS 822
ISSUED FOR THE EXISTING FACILITY. 823
(F) AFTER A REVIEW OF THE EXISTING INSTALLATION PERMIT, AN 825
INSPECTION OF THE FACILITY, AND A REVIEW OF THE INFORMATION 826
FURNISHED UNDER DIVISION (E)(2) OF THIS SECTION, AND UPON 827
DETERMINING THAT THE EXISTING FACILITY IS BEING OPERATED IN A 828
MANNER THAT PROTECTS THE WATERS OF THE STATE AND MINIMIZES THE 830
PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS AT THE 831
FACILITY AND IN SURROUNDING AREAS, THE DIRECTOR SHALL ISSUE AN 832
ORDER ISSUING A REVIEW COMPLIANCE CERTIFICATE TO THE FACILITY. 833
IN ISSUING THE CERTIFICATE, THE DIRECTOR SHALL CONSIDER TECHNICAL 834
FEASIBILITY AND ECONOMIC COSTS. THE DIRECTOR SHALL NOT REQUIRE A 835
SIGNIFICANT CAPITAL EXPENDITURE, AS DEFINED BY RULE, BY THE 836
FACILITY BEFORE ISSUING A CERTIFICATE. 837
THE DIRECTOR MAY ISSUE AN ORDER DENYING A REVIEW COMPLIANCE 839
20
CERTIFICATE IF THE FACILITY'S INSECT AND RODENT CONTROL PLAN OR 840
MANURE MANAGEMENT PLAN DOES NOT CONFORM TO BEST MANAGEMENT 841
PRACTICES AND THE REQUIREMENTS ESTABLISHED IN SECTION 903.06 OF 842
THE REVISED CODE AND IN RULES. THE DENIAL OF A REVIEW COMPLIANCE 843
CERTIFICATE TERMINATES THE EXISTING INSTALLATION PERMIT THAT WAS 844
ISSUED TO THE FACILITY.
THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE SHALL NOT 846
REQUIRE PUBLIC NOTICE OR A PUBLIC MEETING. HOWEVER, NOTICE SHALL 847
BE PROVIDED TO PERSONS WHO OWN PROPERTY THAT IS CONTIGUOUS TO THE 848
CONCENTRATED ANIMAL FEEDING FACILITY FOR WHICH THE REVIEW 849
COMPLIANCE CERTIFICATE IS TO BE ISSUED. SUCH PERSONS MAY SUBMIT 850
WRITTEN COMMENTS TO THE DIRECTOR WITHIN A TIME ESTABLISHED BY THE 851
DIRECTOR.
THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE SHALL NOT 853
BE SUBJECT TO APPEAL UNDER CHAPTER 119. OR SECTIONS 3745.04 TO 854
3745.06 OF THE REVISED CODE. THE DENIAL OR REVOCATION OF A 855
REVIEW COMPLIANCE CERTIFICATE OR THE AMENDMENT OF AN INSTALLATION 856
PERMIT RESULTING FROM A CERTIFICATE MAY BE CHALLENGED BY THE
APPLICANT IN AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH CHAPTER 857
119. OF THE REVISED CODE, EXCEPT THAT SECTION 119.12 OF THE 859
REVISED CODE DOES NOT APPLY. AN ORDER OF THE DIRECTOR THAT 860
DENIES OR REVOKES A CERTIFICATE OR AMENDS AN INSTALLATION PERMIT 861
AS A RESULT OF A CERTIFICATE MAY BE APPEALED TO THE ENVIRONMENTAL 862
REVIEW APPEALS COMMISSION UNDER SECTIONS 3745.04 TO 3745.06 OF 863
THE REVISED CODE. 864
(G) UPON THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE, 866
THE CERTIFICATE AUTOMATICALLY SHALL MERGE AND BECOME A PART OF 867
THE PREVIOUSLY ISSUED INSTALLATION PERMIT. IF ANY OF THE TERMS 869
AND CONDITIONS OF THE INSTALLATION PERMIT AND THE REVIEW
COMPLIANCE CERTIFICATE ARE IN CONFLICT, THE TERMS AND CONDITIONS 870
OF THE REVIEW COMPLIANCE CERTIFICATE ARE CONTROLLING. 871
(H)(1) A REVIEW COMPLIANCE CERTIFICATE IS VALID FOR A 873
PERIOD OF FIVE YEARS. NOT LATER THAN ONE HUNDRED EIGHTY DAYS 874
PRIOR TO THE EXPIRATION DATE OF THE REVIEW COMPLIANCE 875
21
CERTIFICATE, THE OWNER OR OPERATOR SHALL APPLY FOR A PERMIT TO 876
OPERATE.
(2) THE DIRECTOR MAY REVOKE A REVIEW COMPLIANCE 878
CERTIFICATE ISSUED TO AN EXISTING FACILITY AFTER THE DIRECTOR HAS 879
ISSUED AN ORDER AS A RESULT OF A HEARING HELD UNDER CHAPTER 119. 881
OF THE REVISED CODE IN WHICH THE FACILITY HAS BEEN FOUND TO BE IN 883
VIOLATION OF THE TERMS AND CONDITIONS OF THE REVIEW COMPLIANCE 884
CERTIFICATE. AN EXISTING FACILITY WHOSE REVIEW COMPLIANCE 885
CERTIFICATE IS REVOKED SHALL OBTAIN A PERMIT TO OPERATE AND, IF 886
APPLICABLE, A NPDES PERMIT IN ORDER TO RESUME OPERATING. 887
(I) AN EXISTING FACILITY THAT IS ISSUED A REVIEW 889
COMPLIANCE CERTIFICATE SHALL COMPLY WITH THE PREVIOUSLY ISSUED 890
INSTALLATION PERMIT, AS AMENDED BY THE CERTIFICATE. 891
Sec. 903.05. (A) EACH APPLICATION FOR A PERMIT TO INSTALL 893
OR PERMIT TO OPERATE THAT IS SUBMITTED BY AN APPLICANT WHO HAS 895
NOT OPERATED A CONCENTRATED ANIMAL FEEDING FACILITY IN THIS STATE 896
FOR AT LEAST TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE 897
SUBMISSION OF THE APPLICATION SHALL BE ACCOMPANIED BY ALL OF THE 899
FOLLOWING:
(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING 901
FACILITIES THAT THE OWNER OR OPERATOR OF THE PROPOSED NEW OR 902
MODIFIED CONCENTRATED ANIMAL FEEDING FACILITY HAS OPERATED OR IS 904
OPERATING IN THIS STATE; 905
(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING 907
FACILITIES THAT THE OWNER OR OPERATOR HAS OPERATED OR IS 908
OPERATING ELSEWHERE IN THE UNITED STATES AND THAT ARE REGULATED 909
UNDER THE FEDERAL WATER POLLUTION CONTROL ACT TOGETHER WITH A 911
LISTING OF THE CONCENTRATED ANIMAL FEEDING FACILITIES THAT THE 912
OWNER OR OPERATOR HAS OPERATED OR IS OPERATING OUTSIDE THE UNITED 914
STATES;
(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT ORDERS 917
ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL ACTIONS IN WHICH THE 918
OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO BE 919
LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR
22
ANOTHER TYPE OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH 920
THE OWNER OR OPERATOR PLEADED GUILTY OR WAS CONVICTED, DURING THE 922
FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE
APPLICATION, IN CONNECTION WITH ANY VIOLATION OF THE FEDERAL 925
WATER POLLUTION CONTROL ACT, THE "SAFE DRINKING WATER ACT," AS 927
DEFINED IN SECTION 6109.01 OF THE REVISED CODE, OR ANY OTHER 928
APPLICABLE STATE LAWS PERTAINING TO ENVIRONMENTAL PROTECTION THAT 931
WAS ALLEGED TO HAVE OCCURRED OR TO BE OCCURRING AT ANY 932
CONCENTRATED ANIMAL FEEDING FACILITY THAT THE OWNER OR OPERATOR 933
HAS OPERATED OR IS OPERATING IN THE UNITED STATES OR WITH ANY 934
VIOLATION OF THE ENVIRONMENTAL LAWS OF ANOTHER COUNTRY THAT WAS 935
ALLEGED TO HAVE OCCURRED OR TO BE OCCURRING AT ANY CONCENTRATED 937
ANIMAL FEEDING FACILITY THAT THE OWNER OR OPERATOR HAS OPERATED
OR IS OPERATING OUTSIDE THE UNITED STATES. 939
THE LISTS OF CONCENTRATED ANIMAL FEEDING FACILITIES 941
OPERATED BY THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE OR 942
OUTSIDE THE UNITED STATES SHALL INCLUDE, RESPECTIVELY, ALL SUCH 944
FACILITIES OPERATED BY THE OWNER OR OPERATOR DURING THE FIVE-YEAR 945
PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION. 946
(B) IF THE APPLICANT FOR A PERMIT TO INSTALL OR PERMIT TO 949
OPERATE HAS BEEN INVOLVED IN ANY PRIOR ACTIVITY INVOLVING THE 950
OPERATION OF A CONCENTRATED ANIMAL FEEDING FACILITY, THE DIRECTOR 951
OF AGRICULTURE MAY DENY THE APPLICATION IF THE DIRECTOR FINDS 953
FROM THE APPLICATION, THE INFORMATION SUBMITTED UNDER DIVISIONS 954
(A)(1) TO (3) OF THIS SECTION, PERTINENT INFORMATION SUBMITTED TO 956
THE DIRECTOR, AND OTHER PERTINENT INFORMATION OBTAINED BY THE 957
DIRECTOR AT THE DIRECTOR'S DISCRETION THAT THE APPLICANT AND 958
PERSONS ASSOCIATED WITH THE APPLICANT, IN THE OPERATION OF 959
CONCENTRATED ANIMAL FEEDING FACILITIES, HAVE A HISTORY OF 960
SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION 961
CONTROL ACT, THE "SAFE DRINKING WATER ACT," AS DEFINED IN SECTION 964
6109.01 OF THE REVISED CODE, ANY OTHER APPLICABLE STATE LAWS 966
PERTAINING TO ENVIRONMENTAL PROTECTION, OR THE ENVIRONMENTAL LAWS 967
OF ANOTHER COUNTRY THAT INDICATES THAT THE APPLICANT LACKS 968
23
SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE
PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING FACILITY IN 969
SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER AND RULES ADOPTED UNDER 970
IT.
(C) A PERSON WHO SEEKS TO ACQUIRE A CONCENTRATED ANIMAL 972
FEEDING FACILITY THAT HAS BEEN ISSUED AN INSTALLATION PERMIT THAT 974
HAS BEEN TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL
PROTECTION TO THE DIRECTOR OF AGRICULTURE, A PERMIT TO INSTALL, 975
OR A PERMIT TO OPERATE SHALL SUBMIT TO THE DIRECTOR THE 978
INFORMATION SPECIFIED IN DIVISIONS (A)(1) TO (3) OF THIS SECTION 980
PRIOR TO THE TRANSFER OF THE PERMIT. THE PERMIT SHALL NOT BE
TRANSFERRED AS OTHERWISE PROVIDED IN DIVISION (I) OF SECTION 982
903.09 OF THE REVISED CODE IF THE DIRECTOR FINDS FROM THE 983
INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS 984
SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND 985
OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE
DIRECTOR'S DISCRETION THAT THE PERSON, IN THE OPERATION OF 987
CONCENTRATED ANIMAL FEEDING FACILITIES, HAS A HISTORY OF 988
SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION 989
CONTROL ACT, THE "SAFE DRINKING WATER ACT," AS DEFINED IN SECTION 992
6109.01 OF THE REVISED CODE, ANY OTHER APPLICABLE STATE LAWS 993
PERTAINING TO ENVIRONMENTAL PROTECTION, OR THE ENVIRONMENTAL LAWS 994
OF ANOTHER COUNTRY THAT INDICATES THAT THE PERSON LACKS
SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE 996
CONCENTRATED ANIMAL FEEDING FACILITY IN SUBSTANTIAL COMPLIANCE 997
WITH THIS CHAPTER AND RULES ADOPTED UNDER IT. 998
Sec. 903.06. (A) AS USED IN THIS SECTION, "PLAN" MEANS AN 1,001
INSECT AND RODENT CONTROL PLAN PREPARED UNDER THIS SECTION. 1,002
(B) AN OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING 1,005
FACILITY SHALL PREPARE AND SUBMIT TO THE DIRECTOR OF AGRICULTURE 1,006
IN ACCORDANCE WITH RULES AN INSECT AND RODENT CONTROL PLAN 1,008
DESIGNED TO MINIMIZE THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS 1,009
AND RODENTS AT THE CONCENTRATED ANIMAL FEEDING FACILITY AND IN 1,010
SURROUNDING AREAS, INCLUDING LAND ON WHICH MANURE IS STORED OR 1,011
24
APPLIED. THE PLAN SHALL CONFORM TO BEST MANAGEMENT PRACTICES 1,012
ESTABLISHED IN RULES. THE DIRECTOR SHALL APPROVE OR DENY THE 1,013
PLAN WITHIN THE TIME PERIOD ESTABLISHED IN RULES BY THE DIRECTOR 1,014
AND MAY REQUIRE MODIFICATION OF THE PLAN AT THAT TIME OR A LATER 1,016
TIME IN ACCORDANCE WITH RULES. 1,017
(C) ON AND AFTER THE DATE THAT IS ESTABLISHED IN RULES BY 1,020
THE DIRECTOR, NO PERSON SHALL OWN OR OPERATE A CONCENTRATED 1,021
ANIMAL FEEDING FACILITY UNLESS AN INSECT AND RODENT CONTROL PLAN 1,022
FOR THE FACILITY HAS BEEN APPROVED BY THE DIRECTOR. THE OWNER OR 1,024
OPERATOR OF A CONCENTRATED ANIMAL FEEDING FACILITY SHALL NOT
VIOLATE THE FACILITY'S INSECT AND RODENT CONTROL PLAN. 1,025
(D) THE DIRECTOR SHALL ENFORCE AN INSECT AND RODENT 1,028
CONTROL PLAN IN ACCORDANCE WITH RULES AND SHALL ASSESS A CIVIL 1,029
PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.16 OF THE 1,031
REVISED CODE AGAINST AN OWNER OR OPERATOR OF A CONCENTRATED 1,033
ANIMAL FEEDING FACILITY WHO OPERATES IT WITHOUT A PLAN APPROVED 1,034
BY THE DIRECTOR OR WHO VIOLATES THE FACILITY'S PLAN. 1,036
Sec. 903.07. (A) ON AND AFTER THE DATE THAT IS 1,038
ESTABLISHED IN RULES BY THE DIRECTOR OF AGRICULTURE, BOTH OF THE 1,039
FOLLOWING APPLY: 1,040
(1) THE MANAGEMENT AND HANDLING OF MANURE AT A MAJOR 1,043
CONCENTRATED ANIMAL FEEDING FACILITY, INCLUDING THE LAND 1,044
APPLICATION OF MANURE OR THE REMOVAL OF MANURE FROM A MANURE 1,046
STORAGE OR TREATMENT FACILITY, SHALL BE CONDUCTED ONLY BY OR
UNDER THE SUPERVISION OF A PERSON HOLDING A LIVESTOCK MANAGER 1,048
CERTIFICATION ISSUED UNDER THIS SECTION. A PERSON MANAGING OR 1,049
HANDLING MANURE WHO IS ACTING UNDER THE INSTRUCTIONS AND CONTROL 1,051
OF A PERSON HOLDING A LIVESTOCK MANAGER CERTIFICATION IS 1,052
CONSIDERED TO BE UNDER THE SUPERVISION OF THE CERTIFICATE HOLDER 1,053
IF THE CERTIFICATE HOLDER IS RESPONSIBLE FOR THE ACTIONS OF THE 1,054
PERSON AND IS AVAILABLE WHEN NEEDED EVEN THOUGH THE CERTIFICATE 1,055
HOLDER IS NOT PHYSICALLY PRESENT AT THE TIME OF THE MANURE 1,056
MANAGEMENT OR HANDLING. 1,057
(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL ANNUALLY THE 1,060
25
VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR
UNDER DIVISION (E)(5) OF SECTION 903.10 OF THE REVISED CODE 1,062
UNLESS THE PERSON HOLDS A LIVESTOCK MANAGER CERTIFICATION ISSUED 1,063
UNDER THIS SECTION. 1,064
(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER 1,066
CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE 1,067
APPLICATION FOR CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED 1,068
BY THE DIRECTOR, TOGETHER WITH THE APPROPRIATE APPLICATION FEE, 1,069
AND WHO HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS 1,070
PASSED THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR 1,071
REVOKE A LIVESTOCK MANAGER CERTIFICATION AND MAY REINSTATE A 1,073
SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN
ACCORDANCE WITH RULES. 1,074
(C) INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION 1,077
FOR A LIVESTOCK MANAGER CERTIFICATION, THE AMOUNT OF THE 1,078
APPLICATION FEE, AND REQUIREMENTS REGARDING TRAINING AND THE 1,079
EXAMINATION SHALL BE ESTABLISHED IN RULES. 1,080
Sec. 903.08. (A)(1) THE DIRECTOR OF AGRICULTURE IS 1,083
AUTHORIZED TO PARTICIPATE IN THE NATIONAL POLLUTANT DISCHARGE 1,084
ELIMINATION SYSTEM IN ACCORDANCE WITH THE FEDERAL WATER POLLUTION 1,085
CONTROL ACT. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 1,087
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL PREPARE A 1,088
STATE PROGRAM IN ACCORDANCE WITH 40 C.F.R. 123.21 FOR POINT 1,089
SOURCES THAT ARE SUBJECT TO THIS SECTION AND SHALL SUBMIT THE 1,090
PROGRAM TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR 1,091
APPROVAL.
(2) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 1,093
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE STATE PROGRAM 1,095
SUBMITTED UNDER DIVISION (A)(1) OF THIS SECTION, THE AUTHORITY TO 1,096
ENFORCE TERMS AND CONDITIONS OF NPDES PERMITS PREVIOUSLY ISSUED 1,097
UNDER DIVISION (J) OF SECTION 6111.03 OR UNDER SECTION 6111.035 1,099
OF THE REVISED CODE FOR THE DISCHARGING, TRANSPORTING, OR 1,100
HANDLING OF STORM WATER FROM AN ANIMAL FEEDING FACILITY OR OF 1,101
MANURE IS TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL 1,102
26
PROTECTION TO THE DIRECTOR OF AGRICULTURE. THEREAFTER, THE 1,103
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO 1,104
ENFORCE THE TERMS AND CONDITIONS OF THOSE NPDES PERMITS. AFTER 1,105
THE TRANSFER OF AUTHORITY UNDER DIVISION (A)(2) OF THIS SECTION, 1,106
THE NPDES PERMITS CONCERNING WHICH AUTHORITY HAS BEEN TRANSFERRED 1,107
SHALL BE CONSIDERED TO HAVE BEEN ISSUED UNDER THIS SECTION. 1,109
(B)(1) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 1,112
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 1,113
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO 1,114
PERSON SHALL DISCHARGE MANURE FROM A POINT SOURCE INTO WATERS OF 1,115
THE STATE WITHOUT FIRST OBTAINING A NPDES PERMIT ISSUED BY THE 1,117
DIRECTOR OF AGRICULTURE UNDER THIS SECTION. VIOLATION OF
DIVISION (B)(1) OF THIS SECTION IS HEREBY DECLARED TO BE A PUBLIC 1,118
NUISANCE FOR PURPOSES OF STATE ENFORCEMENT OF THIS SECTION. 1,119
(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR 1,121
OF ENVIRONMENTAL PROTECTION UNDER DIVISION (J) OF SECTION 6111.03 1,122
OF THE REVISED CODE FOR THE DISCHARGE OF MANURE PRIOR TO THE DATE 1,124
ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1,125
APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF 1,126
AGRICULTURE UNDER THIS SECTION MAY CONTINUE TO OPERATE UNDER THAT 1,128
PERMIT UNTIL IT EXPIRES OR IS MODIFIED OR REVOKED. SUCH A PERMIT 1,129
SHALL BE ENFORCED BY THE DIRECTOR OF AGRICULTURE UPON THE 1,130
TRANSFER OF AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THE 1,131
PERMIT UNDER DIVISION (A)(2) OF THIS SECTION. 1,132
(C)(1) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 1,135
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 1,136
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO
PERSON SHALL DISCHARGE STORM WATER RESULTING FROM AN ANIMAL 1,137
FEEDING FACILITY WITHOUT FIRST OBTAINING A NPDES PERMIT ISSUED BY 1,139
THE DIRECTOR OF AGRICULTURE IN ACCORDANCE WITH RULES WHEN SUCH A 1,140
PERMIT IS REQUIRED BY THE FEDERAL WATER POLLUTION CONTROL ACT. 1,143
VIOLATION OF DIVISION (C)(1) OF THIS SECTION IS HEREBY DECLARED 1,144
TO BE A PUBLIC NUISANCE FOR PURPOSES OF STATE ENFORCEMENT OF THIS 1,145
SECTION.
27
(2) PERSONS THAT HAVE BEEN ISSUED A NPDES PERMIT BY THE 1,147
DIRECTOR OF ENVIRONMENTAL PROTECTION UNDER CHAPTER 6111. OF THE 1,149
REVISED CODE FOR THE DISCHARGE OF STORM WATER FROM AN ANIMAL 1,151
FEEDING FACILITY PRIOR TO THE DATE ON WHICH THE UNITED STATES 1,153
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 1,154
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY 1,155
CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS 1,156
MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE 1,157
DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE 1,158
THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (A)(2) OF 1,159
THIS SECTION. 1,160
(D) IN ACCORDANCE WITH RULES, AN APPLICANT FOR A NPDES 1,162
PERMIT ISSUED UNDER THIS SECTION SHALL SUBMIT A FEE IN AN AMOUNT 1,164
ESTABLISHED BY RULE TOGETHER WITH, EXCEPT AS OTHERWISE PROVIDED 1,165
IN DIVISION (F) OF THIS SECTION, AN APPLICATION FOR THE PERMIT TO 1,167
THE DIRECTOR OF AGRICULTURE ON A FORM PRESCRIBED BY THE DIRECTOR. 1,168
THE APPLICATION SHALL INCLUDE ANY INFORMATION REQUIRED BY RULE. 1,170
THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY HELP 1,172
AN APPLICANT FOR A NPDES PERMIT DURING THE APPLICATION PROCESS BY 1,173
PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.
(E) THE DIRECTOR OF AGRICULTURE SHALL ISSUE NPDES PERMITS 1,176
IN ACCORDANCE WITH THIS SECTION AND SECTION 903.09 OF THE REVISED 1,177
CODE. THE DIRECTOR SHALL DENY AN APPLICATION FOR A NPDES PERMIT 1,178
IF ANY OF THE FOLLOWING APPLIES:
(1) THE APPLICATION CONTAINS MISLEADING OR FALSE 1,180
INFORMATION. 1,181
(2) THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL 1,183
PROTECTION AGENCY OBJECTS IN WRITING TO THE ISSUANCE OF THE NPDES 1,184
PERMIT IN ACCORDANCE WITH SECTION 402(d) OF THE FEDERAL WATER 1,187
POLLUTION CONTROL ACT.
(3) THE DIRECTOR DETERMINES THAT THE PROPOSED DISCHARGE OR 1,190
SOURCE WOULD CONFLICT WITH AN AREAWIDE WASTE TREATMENT MANAGEMENT 1,191
PLAN ADOPTED IN ACCORDANCE WITH SECTION 208 OF THE FEDERAL WATER 1,193
POLLUTION CONTROL ACT.
28
ADDITIONAL GROUNDS FOR THE DENIAL OF A NPDES PERMIT SHALL 1,195
BE THOSE ESTABLISHED IN THIS CHAPTER AND RULES. 1,196
(F) TO THE EXTENT CONSISTENT WITH THE FEDERAL WATER 1,199
POLLUTION CONTROL ACT, THE DIRECTOR OF AGRICULTURE SHALL ISSUE 1,200
GENERAL NPDES PERMITS THAT WILL APPLY IN LIEU OF INDIVIDUAL NPDES 1,202
PERMITS FOR CATEGORIES OF POINT SOURCES FOR WHICH THE DIRECTOR 1,203
DETERMINES THAT ALL OF THE FOLLOWING APPLY: 1,204
(1) ANY DISCHARGES AUTHORIZED BY A GENERAL PERMIT WILL 1,206
HAVE ONLY MINIMAL CUMULATIVE ADVERSE EFFECTS ON THE ENVIRONMENT 1,207
WHEN THE DISCHARGES ARE CONSIDERED COLLECTIVELY AND INDIVIDUALLY. 1,208
(2) THE DISCHARGES ARE MORE APPROPRIATELY AUTHORIZED BY A 1,210
GENERAL PERMIT THAN BY AN INDIVIDUAL PERMIT. 1,211
(3) EACH CATEGORY OF POINT SOURCES SATISFIES THE CRITERIA 1,213
ESTABLISHED IN RULES. 1,214
A PERSON WHO IS REQUIRED TO OBTAIN A NPDES PERMIT SHALL 1,216
SUBMIT TO THE DIRECTOR A NOTICE OF THE PERSON'S INTENT TO BE 1,219
COVERED UNDER AN EXISTING GENERAL PERMIT OR, AT THE PERSON'S 1,220
OPTION, AN APPLICATION FOR AN INDIVIDUAL NPDES PERMIT. UPON 1,221
RECEIPT OF A NOTICE OF INTENT FOR COVERAGE UNDER AN EXISTING 1,222
GENERAL PERMIT, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN 1,224
WRITING THAT THE PERSON IS COVERED BY THE GENERAL PERMIT IF THE 1,225
PERSON SATISFIES THE CRITERIA ESTABLISHED IN RULES FOR 1,226
ELIGIBILITY FOR SUCH COVERAGE. IF THE PERSON IS INELIGIBLE FOR 1,227
COVERAGE UNDER THE GENERAL PERMIT, THE DIRECTOR SHALL REQUIRE THE 1,228
SUBMISSION OF AN APPLICATION FOR AN INDIVIDUAL NPDES PERMIT. 1,229
(G) THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH TERMS AND 1,231
CONDITIONS OF NPDES PERMITS IN ACCORDANCE WITH RULES. TERMS AND 1,232
CONDITIONS SHALL BE DESIGNED TO ACHIEVE AND MAINTAIN FULL 1,233
COMPLIANCE WITH NATIONAL EFFLUENT LIMITATIONS, NATIONAL STANDARDS 1,235
OF PERFORMANCE FOR NEW SOURCES, THE MOST CURRENT WATER QUALITY 1,236
STANDARDS ADOPTED UNDER SECTION 6111.041 OF THE REVISED CODE, THE
MOST CURRENT ANTIDEGRADATION POLICY ADOPTED UNDER SECTION 6111.12 1,237
OF THE REVISED CODE, AND OTHER REQUIREMENTS OF THE FEDERAL WATER 1,239
POLLUTION CONTROL ACT. IN ESTABLISHING THE TERMS AND CONDITIONS 1,241
29
OF A NPDES PERMIT, THE DIRECTOR, TO THE EXTENT CONSISTENT WITH 1,242
THAT ACT, SHALL CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS 1,243
AND SHALL ALLOW A REASONABLE PERIOD OF TIME FOR COMING INTO 1,244
COMPLIANCE WITH THE PERMIT.
(H) AN ANIMAL FEEDING FACILITY THAT IS REQUIRED TO OBTAIN 1,246
BOTH A NPDES PERMIT AND A PERMIT TO OPERATE SHALL BE ISSUED A 1,248
SINGLE PERMIT TO OPERATE INCORPORATING THE TERMS AND CONDITIONS 1,249
ESTABLISHED BY BOTH PERMITS. THE PERMIT TO OPERATE EXPRESSLY 1,250
SHALL DESIGNATE THE TERMS AND CONDITIONS REQUIRED UNDER THE NPDES 1,251
PROGRAM AS FEDERALLY ENFORCEABLE. ALL OTHER PROVISIONS ARE 1,252
ENFORCEABLE UNDER STATE LAW ONLY AND EXPRESSLY SHALL BE 1,253
DESIGNATED ACCORDINGLY.
(I) A NPDES PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A 1,256
PERIOD NOT TO EXCEED FIVE YEARS. 1,257
(J) A NPDES PERMIT ISSUED UNDER THIS SECTION MAY BE 1,259
RENEWED. AN APPLICATION FOR RENEWAL OF A NPDES PERMIT SHALL BE 1,261
SUBMITTED TO THE DIRECTOR OF AGRICULTURE AT LEAST ONE HUNDRED 1,262
EIGHTY DAYS PRIOR TO THE EXPIRATION DATE OF THE PERMIT AND SHALL 1,264
COMPLY WITH THE REQUIREMENTS GOVERNING APPLICATIONS FOR NPDES 1,265
PERMITS ESTABLISHED UNDER THIS SECTION AND BY RULE. 1,266
(K)(1) NO PERSON SHALL MAKE ANY FALSE STATEMENT, 1,268
REPRESENTATION, OR CERTIFICATION IN AN APPLICATION FOR A NPDES 1,270
PERMIT OR IN ANY FORM, NOTICE, OR REPORT REQUIRED TO BE SUBMITTED 1,271
TO THE DIRECTOR PURSUANT TO TERMS AND CONDITIONS ESTABLISHED IN A 1,273
NPDES PERMIT ISSUED UNDER THIS SECTION. 1,274
(2) NO PERSON SHALL RENDER INACCURATE ANY MONITORING 1,276
METHOD OR DEVICE THAT IS REQUIRED UNDER THE TERMS AND CONDITIONS 1,277
OF A NPDES PERMIT ISSUED UNDER THIS SECTION. 1,279
(L) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A NPDES 1,282
PERMIT ISSUED UNDER THIS SECTION FOR CAUSE AS ESTABLISHED BY 1,283
RULE. NO NPDES PERMIT ISSUED UNDER THIS SECTION SHALL BE 1,284
MODIFIED, SUSPENDED, OR REVOKED WITHOUT A WRITTEN ORDER STATING 1,285
THE FINDINGS THAT LED TO THE MODIFICATION, SUSPENSION, OR 1,286
REVOCATION. IN ADDITION, THE PERMITTEE HAS A RIGHT TO AN 1,288
30
ADMINISTRATIVE HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,289
REVISED CODE, EXCEPT THAT SECTION 119.12 OF THE REVISED CODE DOES 1,290
NOT APPLY. FURTHER, AN ORDER OF THE DIRECTOR MODIFYING, 1,291
SUSPENDING, OR REVOKING A NPDES PERMIT MAY BE APPEALED TO THE 1,292
ENVIRONMENTAL REVIEW APPEALS COMMISSION UNDER SECTIONS 3745.04 TO 1,293
3745.06 OF THE REVISED CODE. 1,294
(M)(1) NO PERSON SHALL VIOLATE ANY EFFLUENT LIMITATION 1,296
ESTABLISHED BY RULE. 1,297
(2) NO PERSON SHALL VIOLATE ANY OTHER PROVISION OF A NPDES 1,299
PERMIT ISSUED UNDER THIS SECTION. 1,301
(3) COMPLIANCE WITH A NPDES PERMIT ISSUED UNDER THIS 1,304
SECTION CONSTITUTES COMPLIANCE WITH THIS SECTION.
(N) THIS SECTION, INCLUDING THE STATE PROGRAM AUTHORIZED 1,306
IN DIVISION (A)(1) OF THIS SECTION, SHALL BE ADMINISTERED IN A 1,307
MANNER CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT. 1,309
Sec. 903.09. (A) PRIOR TO ISSUING OR MODIFYING A PERMIT TO 1,311
INSTALL, PERMIT TO OPERATE, OR NPDES PERMIT, THE DIRECTOR OF 1,312
AGRICULTURE SHALL ISSUE A DRAFT PERMIT. THE DIRECTOR OR THE 1,313
DIRECTOR'S REPRESENTATIVE SHALL MAIL NOTICE OF THE ISSUANCE OF A 1,314
DRAFT PERMIT TO THE APPLICANT AND SHALL PUBLISH THE NOTICE ONCE 1,315
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE 1,316
CONCENTRATED ANIMAL FEEDING FACILITY OR DISCHARGER IS LOCATED OR 1,317
PROPOSED TO BE LOCATED. THE DIRECTOR SHALL MAIL NOTICE OF THE 1,318
ISSUANCE OF A DRAFT PERMIT AND A COPY OF THE DRAFT PERMIT TO THE 1,319
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF 1,320
TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE CONCENTRATED 1,321
ANIMAL FEEDING FACILITY OR DISCHARGER IS LOCATED OR PROPOSED TO 1,322
BE LOCATED. THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE ALSO 1,325
SHALL PROVIDE NOTICE OF THE ISSUANCE OF A DRAFT NPDES TO ANY 1,326
OTHER PERSONS THAT ARE ENTITLED TO NOTICE UNDER THE FEDERAL WATER 1,327
POLLUTION CONTROL ACT. NOTICE OF THE ISSUANCE OF A DRAFT PERMIT 1,329
TO INSTALL, PERMIT TO OPERATE, OR NPDES PERMIT SHALL INCLUDE THE 1,330
ADDRESS WHERE WRITTEN COMMENTS CONCERNING THE DRAFT PERMIT MAY BE 1,331
SUBMITTED AND THE PERIOD OF TIME DURING WHICH COMMENTS WILL BE 1,333
31
ACCEPTED AS ESTABLISHED BY RULE.
IF THE DIRECTOR RECEIVES WRITTEN COMMENTS IN AN AMOUNT THAT 1,335
DEMONSTRATES SIGNIFICANT PUBLIC INTEREST, AS DEFINED BY RULE, IN 1,336
THE DRAFT PERMIT, THE DIRECTOR SHALL SCHEDULE ONE PUBLIC MEETING 1,337
TO PROVIDE INFORMATION TO THE PUBLIC AND TO HEAR COMMENTS 1,338
PERTINENT TO THE DRAFT PERMIT. THE NOTICE OF THE PUBLIC MEETING 1,341
SHALL BE PROVIDED IN THE SAME MANNER AS THE NOTICE OF THE
ISSUANCE OF THE DRAFT PERMIT. 1,342
(B) IF A PERSON IS REQUIRED TO OBTAIN BOTH A PERMIT TO 1,344
INSTALL AND A PERMIT TO OPERATE, INCLUDING ANY PERMIT TO OPERATE 1,345
WITH NPDES PROVISIONS, AND PUBLIC MEETINGS ARE REQUIRED FOR BOTH 1,346
PERMITS, THE PUBLIC MEETINGS FOR THE PERMITS SHALL BE COMBINED. 1,347
(C) THE DIRECTOR SHALL APPLY THE ANTIDEGRADATION POLICY 1,350
ADOPTED UNDER SECTION 6111.12 OF THE REVISED CODE TO PERMITS 1,351
ISSUED UNDER THIS CHAPTER TO THE SAME DEGREE AND UNDER THE SAME 1,352
CIRCUMSTANCES AS IT APPLIES TO PERMITS ISSUED UNDER CHAPTER 6111. 1,353
OF THE REVISED CODE. THE DIRECTOR SHALL HOLD ONE PUBLIC MEETING 1,356
TO CONSIDER ANTIDEGRADATION ISSUES WHEN SUCH A MEETING IS 1,357
REQUIRED BY THE ANTIDEGRADATION POLICY. WHEN ALLOWED BY THE 1,358
ANTIDEGRADATION POLICY, THE DIRECTOR SHALL HOLD THE PUBLIC 1,359
MEETING ON ANTIDEGRADATION ISSUES CONCURRENTLY WITH ANY PUBLIC 1,360
MEETING HELD FOR THE DRAFT PERMIT.
(D) THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE SHALL 1,362
PUBLISH NOTICE OF THE ISSUANCE OF A FINAL PERMIT TO INSTALL, 1,364
PERMIT TO OPERATE, OR NPDES PERMIT ONCE IN A NEWSPAPER OF GENERAL 1,365
CIRCULATION IN THE COUNTY IN WHICH THE CONCENTRATED ANIMAL 1,366
FEEDING FACILITY OR DISCHARGER IS LOCATED. 1,367
(E) FAILURE OF THE DIRECTOR TO PROVIDE NOTICE OR A PUBLIC 1,369
MEETING SHALL INVALIDATE A PERMIT ONLY IF THE FAILURE IS RAISED 1,370
BY, AND WAS RELIED UPON TO THE DETRIMENT OF, A PERSON THAT IS 1,372
ENTITLED TO APPEAL THE PERMIT. NOTICE OR A PUBLIC MEETING IS NOT 1,373
REQUIRED FOR THE MODIFICATION OF A PERMIT MADE WITH THE CONSENT 1,374
OF THE PERMITTEE FOR THE CORRECTION OF TYPOGRAPHICAL ERRORS. 1,375
(F) THE DENIAL, MODIFICATION, SUSPENSION, OR REVOCATION OF 1,377
32
A PERMIT TO INSTALL, PERMIT TO OPERATE, OR NPDES PERMIT WITHOUT 1,378
THE CONSENT OF THE APPLICANT OR PERMITTEE SHALL BE PRECEDED BY A 1,379
PROPOSED ACTION STATING THE DIRECTOR'S INTENTION TO ISSUE AN 1,380
ORDER WITH RESPECT TO THE PERMIT AND THE REASONS FOR IT. THE 1,382
DIRECTOR SHALL NOT ISSUE AN ORDER THAT MAKES THE PROPOSED ACTION 1,383
FINAL UNTIL THE APPLICANT OR PERMITTEE HAS HAD AN OPPORTUNITY FOR 1,385
AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,386
REVISED CODE, EXCEPT THAT SECTION 119.12 OF THE REVISED CODE DOES 1,389
NOT APPLY. AN ORDER OF THE DIRECTOR THAT FINALIZES THE PROPOSED 1,391
ACTION OR AN ORDER ISSUING A PERMIT WITHOUT A PRIOR PROPOSED 1,392
ACTION MAY BE APPEALED TO THE ENVIRONMENTAL REVIEW APPEALS 1,393
COMMISSION UNDER SECTIONS 3745.04 TO 3745.06 OF THE REVISED CODE. 1,394
(G)(1) THE DIRECTOR SHALL ISSUE AN ORDER ISSUING OR 1,396
DENYING AN APPLICATION FOR A PERMIT TO OPERATE THAT CONTAINS 1,397
NPDES PROVISIONS OR FOR A NPDES PERMIT, AS WELL AS ANY 1,398
APPLICATION FOR A PERMIT TO INSTALL THAT IS SUBMITTED 1,399
SIMULTANEOUSLY, NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER 1,400
RECEIVING THE APPLICATION.
(2) IN THE CASE OF AN APPLICATION FOR A PERMIT TO INSTALL 1,402
OR PERMIT TO OPERATE THAT IS NOT CONNECTED WITH AN APPLICATION 1,403
FOR A NPDES PERMIT, THE DIRECTOR SHALL ISSUE OR PROPOSE TO DENY 1,404
THE PERMIT NOT LATER THAN NINETY DAYS AFTER RECEIVING THE 1,405
APPLICATION. IF THE DIRECTOR HAS PROPOSED TO DENY THE PERMIT TO 1,407
INSTALL OR PERMIT TO OPERATE UNDER DIVISION (G)(2) OF THIS 1,408
SECTION, THE DIRECTOR SHALL ISSUE AN ORDER DENYING THE PERMIT OR, 1,409
IF THE DIRECTOR DECIDES AGAINST THE PROPOSED DENIAL, ISSUING THE 1,410
PERMIT NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER RECEIVING THE 1,411
APPLICATION. IF THE DIRECTOR DENIES THE PERMIT, THE DIRECTOR 1,412
SHALL NOTIFY THE APPLICANT IN WRITING OF THE REASON FOR THE 1,413
DENIAL.
(H) ALL RULEMAKING AND THE ISSUANCE OF CIVIL PENALTIES 1,416
UNDER THIS CHAPTER SHALL COMPLY WITH CHAPTER 119. OF THE REVISED 1,417
CODE.
(I) UPON THE TRANSFER OF OWNERSHIP OF AN ANIMAL FEEDING 1,419
33
FACILITY FOR WHICH A PERMIT TO INSTALL, AN INSTALLATION PERMIT, A 1,421
REVIEW COMPLIANCE CERTIFICATE, OR A PERMIT TO OPERATE THAT 1,423
CONTAINS NO NPDES PROVISIONS HAS BEEN ISSUED, THE PERMIT OR 1,424
CERTIFICATE SHALL BE TRANSFERRED TO THE NEW OWNER OF THE ANIMAL 1,426
FEEDING FACILITY EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 1,428
903.05 OF THE REVISED CODE. IN THE CASE OF THE TRANSFER OF 1,430
OWNERSHIP OF A POINT SOURCE FOR WHICH A NPDES PERMIT OR A PERMIT 1,431
TO OPERATE THAT CONTAINS NPDES PROVISIONS HAS BEEN ISSUED, THE 1,432
PERMIT SHALL BE TRANSFERRED IN ACCORDANCE WITH RULES.
(J) APPLICATIONS FOR INSTALLATION PERMITS FOR ANIMAL 1,434
FEEDING FACILITIES PENDING BEFORE THE DIRECTOR OF ENVIRONMENTAL 1,436
PROTECTION ON THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS 1,437
FINALIZED THE PROGRAMS REQUIRED UNDER DIVISION (A)(1) OF SECTION 1,438
903.02 AND DIVISION (A)(1) OF SECTION 903.03 OF THE REVISED CODE 1,440
SHALL BE TRANSFERRED TO THE DIRECTOR OF AGRICULTURE. IN THE CASE 1,441
OF AN APPLICANT WHO IS REQUIRED TO OBTAIN A PERMIT TO INSTALL AND 1,443
A PERMIT TO OPERATE UNDER SECTIONS 903.02 AND 903.03, 1,445
RESPECTIVELY, OF THE REVISED CODE, THE DIRECTOR OF AGRICULTURE 1,447
SHALL PROCESS THE PENDING APPLICATION FOR AN INSTALLATION PERMIT
AS AN APPLICATION FOR A PERMIT TO INSTALL AND A PERMIT TO 1,449
OPERATE.
(K) APPLICATIONS FOR NPDES PERMITS FOR EITHER OF THE 1,451
FOLLOWING THAT ARE PENDING BEFORE THE DIRECTOR OF ENVIRONMENTAL 1,454
PROTECTION ON THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL 1,456
PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE 1,457
DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF THE REVISED CODE 1,459
SHALL BE TRANSFERRED TO THE DIRECTOR OF AGRICULTURE: 1,460
(1) THE DISCHARGE OF MANURE; 1,462
(2) THE DISCHARGE OF STORM WATER RESULTING FROM AN ANIMAL 1,464
FEEDING FACILITY. IN THE CASE OF AN APPLICANT WHO IS REQUIRED TO 1,467
OBTAIN A NPDES PERMIT UNDER SECTION 903.08 OF THE REVISED CODE, 1,468
THE DIRECTOR OF AGRICULTURE SHALL PROCESS THE PENDING APPLICATION 1,470
AS AN APPLICATION FOR A NPDES PERMIT UNDER THAT SECTION. 1,471
Sec. 903.10. THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES 1,474
34
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO ALL 1,475
OF THE FOLLOWING:
(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS TO 1,477
INSTALL AND PERMITS TO OPERATE: 1,478
(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION OF A 1,481
CONCENTRATED ANIMAL FEEDING FACILITY;
(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH EACH 1,484
PERMIT APPLICATION AND EACH APPLICATION FOR A PERMIT
MODIFICATION; 1,485
(3) INFORMATION THAT MUST BE INCLUDED IN THE DESIGNS AND 1,488
PLANS REQUIRED TO BE SUBMITTED WITH AN APPLICATION FOR A PERMIT 1,489
TO INSTALL AND CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING 1,490
MODIFICATION OF THE DESIGNS AND PLANS;
(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE 1,492
MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH AN APPLICATION FOR 1,494
A PERMIT TO OPERATE;
(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION 1,496
FOR THE MODIFICATION OF AN INSTALLATION PERMIT, A PERMIT TO 1,497
INSTALL, OR A PERMIT TO OPERATE; 1,498
(6) ANY ADDITIONAL INFORMATION THAT MUST BE INCLUDED WITH 1,501
A PERMIT APPLICATION;
(7) PROCEDURES FOR THE ISSUANCE, DENIAL, MODIFICATION, 1,503
TRANSFER, SUSPENSION, AND REVOCATION OF PERMITS TO INSTALL AND 1,504
PERMITS TO OPERATE, INCLUDING GENERAL PERMITS; 1,505
(8) GROUNDS FOR THE DENIAL, MODIFICATION, SUSPENSION, OR 1,507
REVOCATION OF PERMITS TO INSTALL AND PERMITS TO OPERATE IN 1,508
ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION (D) OF SECTION 1,509
903.02 AND DIVISION (D) OF SECTION 903.03 OF THE REVISED CODE; 1,511
(9) A REQUIREMENT THAT A PERSON THAT IS REQUIRED TO OBTAIN 1,513
BOTH A PERMIT TO INSTALL AND A PERMIT TO OPERATE SUBMIT 1,514
APPLICATIONS FOR THOSE PERMITS SIMULTANEOUSLY; 1,515
(10) A DEFINITION OF "GENERAL PERMIT TO OPERATE" THAT 1,517
ESTABLISHES CATEGORIES OF CONCENTRATED ANIMAL FEEDING FACILITIES 1,518
TO BE COVERED UNDER SUCH A PERMIT AND A DEFINITION OF "INDIVIDUAL 1,519
35
PERMIT TO OPERATE" TOGETHER WITH THE CRITERIA FOR ISSUING A 1,520
GENERAL PERMIT TO OPERATE AND THE CRITERIA FOR DETERMINING A 1,521
PERSON'S ELIGIBILITY TO OPERATE UNDER A GENERAL PERMIT TO 1,522
OPERATE.
(B) ESTABLISH ALL OF THE FOLLOWING FOR THE PURPOSES OF 1,525
REVIEW COMPLIANCE CERTIFICATES ISSUED UNDER SECTION 903.04 OF THE 1,526
REVISED CODE:
(1) THE FORM OF A CERTIFICATE; 1,528
(2) CRITERIA FOR WHAT CONSTITUTES A SIGNIFICANT CAPITAL 1,530
EXPENDITURE UNDER DIVISION (D) OF THAT SECTION; 1,531
(3) DEADLINES AND PROCEDURES FOR SUBMITTING INFORMATION 1,533
UNDER DIVISION (E)(2) OF THAT SECTION. 1,534
(C) ESTABLISH BEST MANAGEMENT PRACTICES THAT MINIMIZE 1,537
WATER POLLUTION, ODORS, INSECTS, AND RODENTS, THAT GOVERN THE
LAND APPLICATION OF MANURE THAT ORIGINATED AT A CONCENTRATED 1,538
ANIMAL FEEDING FACILITY, AND THAT GOVERN ALL OF THE FOLLOWING 1,540
ACTIVITIES THAT OCCUR AT A CONCENTRATED ANIMAL FEEDING FACILITY: 1,541
(1) MANURE MANAGEMENT, INCLUDING THE STORAGE, HANDLING, 1,544
TRANSPORTATION, AND LAND APPLICATION OF MANURE. RULES ADOPTED 1,545
UNDER DIVISION (C)(1) OF THIS SECTION SHALL INCLUDE PRACTICES 1,547
THAT PREVENT SURFACE AND GROUND WATER CONTAMINATION CAUSED BY THE 1,548
STORAGE OF MANURE OR THE LAND APPLICATION OF MANURE AND PREVENT 1,550
THE CONTAMINATION OF WATER IN DRAINAGE TILES THAT MAY BE CAUSED 1,551
BY THAT APPLICATION.
(2) DISPOSAL OF DEAD LIVESTOCK; 1,553
(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS 1,555
APPROPRIATE. 1,556
BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED 1,558
UNDER DIVISION (C) OF THIS SECTION SHALL NOT CONFLICT WITH BEST 1,560
MANAGEMENT PRACTICES ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED 1,561
UNDER ANY OTHER SECTION OF THE REVISED CODE AND THAT ARE IN 1,563
EFFECT ON THE EFFECTIVE DATE OF THIS SECTION. THE RULES ADOPTED 1,565
UNDER DIVISION (C) OF THIS SECTION SHALL ESTABLISH GUIDELINES 1,566
THAT REQUIRE OWNERS OR OPERATORS OF CONCENTRATED ANIMAL FEEDING 1,567
36
FACILITIES TO CONSULT WITH AND WORK WITH LOCAL OFFICIALS, 1,568
INCLUDING BOARDS OF COUNTY COMMISSIONERS AND BOARDS OF TOWNSHIP 1,569
TRUSTEES, IN ADDRESSING ISSUES RELATED TO LOCAL GOVERNMENT 1,570
INFRASTRUCTURE NEEDS AND THE FINANCING OF THAT INFRASTRUCTURE. 1,571
(D) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND 1,573
RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.06 OF THE REVISED 1,575
CODE: 1,576
(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND RODENT 1,579
CONTROL PLAN;
(2) CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING 1,582
MODIFICATION OF AN INSECT AND RODENT CONTROL PLAN; 1,583
(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR VIOLATION 1,586
OF AN INSECT AND RODENT CONTROL PLAN;
(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND 1,588
RODENT CONTROL PLANS; 1,589
(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND 1,591
RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING FACILITIES AT 1,593
WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY
AFFECT PUBLIC HEALTH; 1,594
(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN 1,596
INSECT AND RODENT CONTROL PLAN ASSESSED BY THE DIRECTOR OF 1,597
AGRICULTURE UNDER DIVISION (B) OF SECTION 903.16 OF THE REVISED 1,600
CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION (D)(6) OF 1,601
THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TEN 1,602
THOUSAND DOLLARS FOR A VIOLATION INVOLVING A CONCENTRATED ANIMAL
FEEDING FACILITY WITH A TOTAL DESIGN CAPACITY OF TEN THOUSAND OR 1,603
FEWER ANIMAL UNITS AND SHALL NOT ESTABLISH A CIVIL PENALTY OF 1,604
MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING 1,605
A MAJOR CONCENTRATED ANIMAL FEEDING FACILITY; 1,606
(7) THE TIME PERIOD WITHIN WHICH THE DIRECTOR MUST APPROVE 1,608
OR DENY AN INSECT AND RODENT CONTROL PLAN AFTER RECEIVING IT; 1,609
(8) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND 1,611
ENFORCE SECTION 903.12 OF THE REVISED CODE. 1,612
(E) ESTABLISH ALL OF THE FOLLOWING CONCERNING LIVESTOCK 1,615
37
MANAGER CERTIFICATION REQUIRED UNDER SECTION 903.07 OF THE 1,618
REVISED CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR A 1,621
LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT OF THE APPLICATION 1,622
FEE;
(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED 1,624
AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR 1,625
A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING SHALL INCLUDE 1,627
AND THE EXAMINATION SHALL TEST THE APPLICANT'S KNOWLEDGE OF 1,628
INFORMATION ON TOPICS THAT INCLUDE CALCULATING NUTRIENT VALUES IN 1,629
MANURE, DEVISING AND IMPLEMENTING A PLAN FOR THE LAND APPLICATION 1,630
OF MANURE, REMOVING MANURE HELD IN A MANURE STORAGE OR TREATMENT 1,631
FACILITY, AND FOLLOWING BEST MANAGEMENT PRACTICES ESTABLISHED IN 1,633
RULES FOR DISPOSAL OF DEAD ANIMALS AND MANURE MANAGEMENT, 1,634
INCLUDING PRACTICES THAT CONTROL ODOR AND PROTECT THE 1,635
ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER TYPES OF RECOGNIZED 1,636
TRAINING PROGRAMS THAT, IF COMPLETED, ARE CONSIDERED TO SATISFY 1,637
THE TRAINING AND EXAMINATION REQUIREMENT. 1,638
(3) CRITERIA AND PROCEDURES FOR THE ISSUANCE, DENIAL, 1,640
SUSPENSION, REVOCATION, OR REINSTATEMENT OF A LIVESTOCK MANAGER 1,643
CERTIFICATION;
(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER 1,645
CERTIFICATIONS WILL BE VALID AND PROCEDURES FOR THEIR RENEWAL; 1,647
(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, 1,649
OR SOLD ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE 1,650
REQUIRED TO OBTAIN A LIVESTOCK MANAGER CERTIFICATION UNDER 1,651
DIVISION (A)(2) OF SECTION 903.07 OF THE REVISED CODE; 1,652
(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND 1,654
ENFORCE SECTION 903.07 OF THE REVISED CODE. 1,657
(F) ESTABLISH ALL OF THE FOLLOWING CONCERNING NPDES 1,659
PERMITS: 1,660
(1) THE DESIGNATION OF CONCENTRATED ANIMAL FEEDING 1,662
OPERATIONS THAT ARE SUBJECT TO NPDES PERMIT REQUIREMENTS UNDER 1,664
SECTION 903.08 OF THE REVISED CODE. THIS DESIGNATION SHALL 1,665
38
INCLUDE ONLY THOSE POINT SOURCES FOR WHICH THE ISSUANCE OF NPDES 1,667
PERMITS IS REQUIRED UNDER THE FEDERAL WATER POLLUTION CONTROL 1,668
ACT.
(2) EFFLUENT LIMITATIONS GOVERNING DISCHARGES INTO WATERS 1,671
OF THE STATE THAT ARE AUTHORIZED BY PERMITS;
(3) VARIANCES FROM EFFLUENT LIMITATIONS AND OTHER PERMIT 1,673
REQUIREMENTS TO THE EXTENT THAT THE VARIANCES ARE CONSISTENT WITH 1,674
THE FEDERAL WATER POLLUTION CONTROL ACT; 1,676
(4) TERMS AND CONDITIONS TO BE INCLUDED IN A PERMIT, 1,678
INCLUDING, AS APPLICABLE, BEST MANAGEMENT PRACTICES; INSTALLATION 1,679
OF DISCHARGE OR WATER QUALITY MONITORING METHODS OR EQUIPMENT; 1,680
CREATION AND RETENTION OF RECORDS; SUBMISSION OF PERIODIC 1,681
REPORTS; SCHEDULES OF COMPLIANCE; NET VOLUME, NET WEIGHT, AND, 1,682
WHERE NECESSARY, CONCENTRATION AND MASS LOADING LIMITS OF MANURE 1,683
THAT MAY BE DISCHARGED INTO WATERS OF THE STATE; AND AUTHORIZED 1,685
DURATION AND FREQUENCY OF ANY DISCHARGES INTO WATERS OF THE 1,686
STATE;
(5) PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR 1,688
PERMITS AND NOTICES OF INTENT TO BE COVERED BY GENERAL PERMITS, 1,689
INCLUDING INFORMATION THAT MUST BE INCLUDED IN THE APPLICATIONS 1,691
AND NOTICES;
(6) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN 1,693
APPLICATION FOR A PERMIT; 1,694
(7) PROCEDURES FOR PROCESSING PERMIT APPLICATIONS, 1,696
INCLUDING PUBLIC NOTICE AND PARTICIPATION REQUIREMENTS; 1,697
(8) PROCEDURES FOR NOTIFYING THE UNITED STATES 1,699
ENVIRONMENTAL PROTECTION AGENCY OF THE SUBMISSION OF PERMIT 1,701
APPLICATIONS, THE DIRECTOR'S ACTION ON THOSE APPLICATIONS, AND 1,702
ANY OTHER REASONABLE AND RELEVANT INFORMATION; 1,703
(9) PROCEDURES FOR NOTIFYING AND RECEIVING AND RESPONDING 1,705
TO RECOMMENDATIONS FROM OTHER STATES WHOSE WATERS MAY BE AFFECTED 1,707
BY THE ISSUANCE OF A PERMIT;
(10) PROCEDURES FOR THE TRANSFER OF PERMITS TO NEW OWNERS 1,709
OR OPERATORS; 1,710
39
(11) GROUNDS AND PROCEDURES FOR THE ISSUANCE, DENIAL, 1,712
MODIFICATION, SUSPENSION, OR REVOCATION OF PERMITS, INCLUDING 1,713
GENERAL PERMITS;
(12) A DEFINITION OF "GENERAL NPDES PERMIT" THAT 1,715
ESTABLISHES CATEGORIES OF POINT SOURCES TO BE COVERED UNDER SUCH 1,716
A PERMIT AND A DEFINITION OF "INDIVIDUAL NPDES PERMIT" TOGETHER 1,717
WITH THE CRITERIA FOR ISSUING A GENERAL NPDES PERMIT AND THE 1,718
CRITERIA FOR DETERMINING A PERSON'S ELIGIBILITY TO DISCHARGE 1,719
UNDER A GENERAL NPDES PERMIT. 1,720
THE RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION SHALL 1,722
BE CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL WATER 1,724
POLLUTION CONTROL ACT. 1,725
(G) ESTABLISH PUBLIC NOTICE AND PARTICIPATION 1,727
REQUIREMENTS, IN ADDITION TO THE PROCEDURES ESTABLISHED IN RULES 1,729
ADOPTED UNDER DIVISION (F)(7) OF THIS SECTION, FOR THE ISSUANCE, 1,730
DENIAL, MODIFICATION, TRANSFER, SUSPENSION, AND REVOCATION OF 1,731
PERMITS TO INSTALL, PERMITS TO OPERATE, AND NPDES PERMITS 1,732
CONSISTENT WITH SECTION 903.09 OF THE REVISED CODE, INCLUDING A 1,733
DEFINITION OF WHAT CONSTITUTES SIGNIFICANT PUBLIC INTEREST FOR 1,734
THE PURPOSES OF DIVISION (A) OF SECTION 903.09 OF THE REVISED 1,735
CODE AND PROCEDURES FOR PUBLIC MEETINGS. THE RULES SHALL REQUIRE 1,737
THAT INFORMATION THAT IS PRESENTED AT SUCH A PUBLIC MEETING BE 1,739
LIMITED TO THE CRITERIA THAT ARE APPLICABLE TO THE PERMIT 1,740
APPLICATION THAT IS THE SUBJECT OF THE PUBLIC MEETING. 1,741
(H) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED BY 1,743
THE DIRECTOR OF AGRICULTURE UNDER DIVISION (B) OF SECTION 903.16 1,745
OF THE REVISED CODE FOR VIOLATION OF THE TERMS AND CONDITIONS OF
A PERMIT TO INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE 1,746
CERTIFICATE, PROVIDED THAT THE RULES ADOPTED UNDER THIS DIVISION 1,748
SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TEN THOUSAND 1,749
DOLLARS PER DAY FOR EACH VIOLATION;
(I) ESTABLISH PROCEDURES FOR THE PROTECTION OF TRADE 1,751
SECRETS FROM PUBLIC DISCLOSURE. THE PROCEDURES SHALL AUTHORIZE 1,752
THE RELEASE OF TRADE SECRETS TO OFFICERS, EMPLOYEES, OR 1,753
40
AUTHORIZED REPRESENTATIVES OF THE STATE, ANOTHER STATE, OR THE 1,754
UNITED STATES WHEN NECESSARY FOR AN ENFORCEMENT ACTION BROUGHT 1,756
UNDER THIS CHAPTER OR WHEN OTHERWISE REQUIRED BY THE FEDERAL 1,757
WATER POLLUTION CONTROL ACT. THE RULES SHALL REQUIRE AT LEAST 1,759
TEN DAYS' WRITTEN NOTICE TO THE PERSON TO WHOM A TRADE SECRET 1,760
APPLIES PRIOR TO THE RELEASE OF THE TRADE SECRET. RULES ADOPTED
UNDER THIS DIVISION DO NOT APPLY TO ANY INFORMATION THAT IS 1,761
CONTAINED IN APPLICATIONS, INCLUDING ATTACHMENTS, FOR NPDES 1,763
PERMITS AND THAT IS REQUIRED TO BE SUBMITTED UNDER SECTION 903.08 1,764
OF THE REVISED CODE OR RULES ADOPTED UNDER DIVISION (F) OF THIS 1,765
SECTION.
(J) ESTABLISH ANY OTHER PROVISIONS NECESSARY TO ADMINISTER 1,768
AND ENFORCE THIS CHAPTER. 1,769
Sec. 903.11. (A) THE DIRECTOR OF AGRICULTURE MAY ENTER 1,771
INTO CONTRACTS OR AGREEMENTS TO CARRY OUT THE PURPOSES OF THIS 1,774
CHAPTER WITH ANY PUBLIC OR PRIVATE PERSON, INCLUDING THE OHIO 1,776
STATE UNIVERSITY EXTENSION SERVICE, THE NATURAL RESOURCES 1,777
CONSERVATION SERVICE IN THE UNITED STATES DEPARTMENT OF 1,779
AGRICULTURE, THE ENVIRONMENTAL PROTECTION AGENCY, THE DIVISION OF 1,780
SOIL AND WATER CONSERVATION IN THE DEPARTMENT OF NATURAL 1,782
RESOURCES, AND SOIL AND WATER CONSERVATION DISTRICTS ESTABLISHED 1,783
UNDER CHAPTER 1515. OF THE REVISED CODE. HOWEVER, THE DIRECTOR 1,784
SHALL NOT ENTER INTO A CONTRACT OR AGREEMENT WITH A PRIVATE 1,785
PERSON FOR THE REVIEW OF APPLICATIONS FOR PERMITS TO INSTALL, 1,787
PERMITS TO OPERATE, NPDES PERMITS, OR REVIEW COMPLIANCE 1,788
CERTIFICATES THAT ARE ISSUED UNDER THIS CHAPTER OR FOR THE 1,789
INSPECTION OF A FACILITY REGULATED UNDER THIS CHAPTER OR WITH ANY 1,790
PERSON FOR THE ISSUANCE OF ANY OF THOSE PERMITS OR CERTIFICATES 1,791
OR FOR THE ENFORCEMENT OF THIS CHAPTER AND RULES ADOPTED UNDER 1,792
IT.
(B) THE DIRECTOR MAY ADMINISTER GRANTS AND LOANS USING 1,794
MONEYS FROM THE FEDERAL GOVERNMENT AND OTHER SOURCES, PUBLIC OR 1,796
PRIVATE, FOR CARRYING OUT ANY OF THE DIRECTOR'S FUNCTIONS. 1,797
NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT THE
41
ELIGIBILITY OF OWNERS OR OPERATORS OF ANIMAL FEEDING FACILITIES 1,799
OR OTHER AGRICULTURAL ENTERPRISES TO RECEIVE MONEYS FROM THE 1,800
WATER POLLUTION CONTROL LOAN FUND ESTABLISHED UNDER SECTION 1,801
6111.036 OF THE REVISED CODE AND THE NONPOINT SOURCE POLLUTION 1,803
MANAGEMENT FUND ESTABLISHED UNDER SECTION 6111.037 OF THE REVISED 1,804
CODE.
THE DIRECTOR OF AGRICULTURE SHALL PROVIDE THE DIRECTOR OF 1,806
ENVIRONMENTAL PROTECTION WITH WRITTEN RECOMMENDATIONS FOR 1,807
PROVIDING FINANCIAL ASSISTANCE FROM THOSE FUNDS TO AGRICULTURAL 1,808
ENTERPRISES. THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL 1,809
CONSIDER THE RECOMMENDATIONS IN DEVELOPING PRIORITIES FOR 1,810
PROVIDING FINANCIAL ASSISTANCE FROM THE FUNDS. 1,811
Sec. 903.12. (A) THE DIRECTOR OF AGRICULTURE OR THE 1,813
DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY 1,814
ENTER ON ANY PUBLIC OR PRIVATE PROPERTY, REAL OR PERSONAL, TO 1,816
MAKE INVESTIGATIONS AND INSPECTIONS, INCLUDING THE SAMPLING OF 1,817
DISCHARGES AND THE INSPECTION OF DISCHARGE MONITORING EQUIPMENT, 1,818
OR TO OTHERWISE EXECUTE DUTIES THAT ARE NECESSARY FOR THE 1,820
ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE DIRECTOR OR 1,821
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY 1,822
EXAMINE AND COPY ANY RECORDS PERTAINING TO DISCHARGES THAT ARE
SUBJECT TO THIS CHAPTER OR ANY RECORDS THAT ARE REQUIRED TO BE 1,823
MAINTAINED BY THE TERMS AND CONDITIONS OF A PERMIT OR REVIEW 1,824
COMPLIANCE CERTIFICATE ISSUED UNDER THIS CHAPTER. IF REFUSED 1,826
ENTRY, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE 1,827
MAY APPLY FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION 1,828
MAY ISSUE AN APPROPRIATE WARRANT. 1,829
(B) NO PERSON TO WHOM A PERMIT OR REVIEW COMPLIANCE 1,831
CERTIFICATE HAS BEEN ISSUED UNDER THIS CHAPTER SHALL REFUSE ENTRY 1,833
TO THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE OR 1,834
PURPOSELY HINDER OR THWART THE DIRECTOR OR THE DIRECTOR'S
AUTHORIZED REPRESENTATIVE IN THE EXERCISE OF ANY AUTHORITY 1,835
GRANTED UNDER DIVISION (A) OF THIS SECTION. 1,836
Sec. 903.13. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED 1,838
42
NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A 1,839
CONCENTRATED ANIMAL FEEDING FACILITY, IT IS AN AFFIRMATIVE 1,840
DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE RESPONSIBLE 1,842
FOR THE CONCENTRATED ANIMAL FEEDING FACILITY IS IN COMPLIANCE 1,843
WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN THE INSTALLATION
PERMIT, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE 1,844
ISSUED FOR THE CONCENTRATED ANIMAL FEEDING FACILITY AND THE 1,845
AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL 1,846
LAWS GOVERNING NUISANCES. 1,847
Sec. 903.14. PRIOR TO FILING A PRIVATE CIVIL ACTION FOR AN 1,850
ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT
A CONCENTRATED ANIMAL FEEDING FACILITY, THE PARTIES TO THE 1,852
DISPUTE SHALL SUBMIT THE DISPUTE TO AN ARBITRATOR FOR NONBINDING 1,853
ARBITRATION. THE PARTIES SHALL PAY THE ARBITRATOR A REASONABLE
COMPENSATION BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE 1,854
RENDERED. THE COST OF THE ARBITRATOR'S SERVICES SHALL BE DIVIDED 1,855
PROPORTIONATELY AMONG THE PARTIES. 1,856
IF THE DECISION REACHED BY THE ARBITRATOR IS NOT ACCEPTED 1,858
BY ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE A 1,860
CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN
SUBMITTED TO NONBINDING ARBITRATION. NO ORAL OR WRITTEN 1,861
STATEMENT PREPARED FOR OR MADE IN THE NONBINDING ARBITRATION BY 1,863
THE ARBITRATOR OR ANY OF THE PARTIES, INCLUDING ANY MENTAL 1,864
IMPRESSION, RECOMMENDATION, OR DECISION BY THE ARBITRATOR, IS 1,865
SUBJECT TO DISCOVERY OR ADMISSIBLE INTO EVIDENCE IN ANY 1,866
LITIGATION OR PROCEEDING FOR ANY PURPOSE, INCLUDING IMPEACHMENT. 1,867
THE ARBITRATOR SHALL BE DISQUALIFIED AS A WITNESS, CONSULTANT, OR 1,868
EXPERT ON ANY SUBJECT THAT IS RELATED TO THE ARBITRATION. 1,869
Sec. 903.15. (A) A PERSON WHO IS AGGRIEVED OR ADVERSELY 1,872
AFFECTED BY AN ALLEGED NUISANCE RELATED TO A CONCENTRATED ANIMAL 1,873
FEEDING FACILITY MAY SUBMIT A COMPLAINT TO THE DIRECTOR OF 1,874
AGRICULTURE ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT MAY 1,875
BE MADE ORALLY OR IN WRITING. IF THE COMPLAINT IS MADE IN 1,876
WRITING, IT SHALL BE SIGNED BY THE PERSON MAKING IT AND DATED. 1,877
43
(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED 1,879
COMPLAINT, THE DIRECTOR SHALL, OR AFTER RECEIVING AN ORAL 1,880
COMPLAINT THE DIRECTOR MAY, CAUSE AN INVESTIGATION TO BE 1,881
CONDUCTED TO DETERMINE IF THE OWNER OR OPERATOR OF THE 1,882
CONCENTRATED ANIMAL FEEDING FACILITY IS COMPLYING WITH A PERMIT 1,883
OR REVIEW COMPLIANCE CERTIFICATE.
(C)(1) IF, UPON COMPLETION OF THE INVESTIGATION, THE 1,886
DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR IS IN COMPLIANCE 1,887
WITH A PERMIT OR REVIEW COMPLIANCE CERTIFICATE, THE DIRECTOR 1,889
SHALL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND THE 1,890
OWNER OR OPERATOR OF THE DISMISSAL.
(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR 1,893
IS NOT IN COMPLIANCE WITH A PERMIT OR REVIEW COMPLIANCE 1,894
CERTIFICATE, THE DIRECTOR SHALL PROCEED IN ACCORDANCE WITH 1,895
SECTION 903.16 OR 903.17 OF THE REVISED CODE, OR BOTH, AS 1,896
APPLICABLE.
Sec. 903.16. (A) THE DIRECTOR OF AGRICULTURE MAY PROPOSE 1,898
TO REQUIRE CORRECTIVE ACTIONS AND ASSESS A CIVIL PENALTY AGAINST 1,899
AN OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING FACILITY IF 1,900
THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE 1,901
DETERMINES THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE WITH 1,902
THE TERMS AND CONDITIONS OF A PERMIT TO INSTALL, PERMIT TO 1,903
OPERATE, OR REVIEW COMPLIANCE CERTIFICATE ISSUED FOR THE 1,904
CONCENTRATED ANIMAL FEEDING FACILITY, INCLUDING THE REQUIREMENTS 1,905
ESTABLISHED UNDER DIVISION (C) OF SECTION 903.06 OR DIVISION (A) 1,906
OF SECTION 903.07 OF THE REVISED CODE. HOWEVER, THE DIRECTOR MAY 1,908
IMPOSE A CIVIL PENALTY ONLY IF ALL OF THE FOLLOWING OCCUR: 1,909
(1) THE OWNER OR OPERATOR IS NOTIFIED IN WRITING OF THE 1,911
DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE 1,912
OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE 1,913
TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE 1,914
DEFICIENCIES AND ATTAIN COMPLIANCE. 1,915
(2) AFTER THE TIME PERIOD SPECIFIED IN THE NOTICE HAS 1,917
ELAPSED, THE DIRECTOR OR THE DIRECTOR'S DULY AUTHORIZED 1,918
44
REPRESENTATIVE HAS INSPECTED THE CONCENTRATED ANIMAL FEEDING 1,919
FACILITY, DETERMINED THAT THE OWNER OR OPERATOR IS STILL NOT IN 1,920
COMPLIANCE, AND ISSUED A NOTICE OF AN ADJUDICATION HEARING. 1,921
(3) THE DIRECTOR AFFORDS THE OWNER OR OPERATOR AN 1,923
OPPORTUNITY FOR AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE 1,924
REVISED CODE TO CHALLENGE THE DIRECTOR'S DETERMINATION THAT THE 1,926
OWNER OR OPERATOR IS NOT IN COMPLIANCE OR THE IMPOSITION OF THE 1,927
CIVIL PENALTY, OR BOTH. HOWEVER, THE OWNER OR OPERATOR MAY WAIVE 1,929
THE RIGHT TO AN ADJUDICATION HEARING. 1,930
(B) IF THE OPPORTUNITY FOR AN ADJUDICATION HEARING IS 1,932
WAIVED OR IF, AFTER AN ADJUDICATION HEARING, THE DIRECTOR 1,934
DETERMINES THAT A VIOLATION HAS OCCURRED OR IS OCCURRING, THE 1,935
DIRECTOR MAY ISSUE AN ORDER REQUIRING COMPLIANCE AND ASSESS THE 1,936
CIVIL PENALTY. THE ORDER AND THE ASSESSMENT OF THE CIVIL PENALTY 1,938
MAY BE APPEALED IN ACCORDANCE WITH SECTION 119.12 OF THE REVISED 1,939
CODE.
CIVIL PENALTIES SHALL BE ASSESSED UNDER THIS DIVISION AS 1,941
FOLLOWS: 1,942
(1) A PERSON WHO HAS VIOLATED THE TERMS AND CONDITIONS OF 1,944
A PERMIT TO INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE 1,945
CERTIFICATE SHALL PAY A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN 1,946
RULES UNLESS THE VIOLATION IS OF THE REQUIREMENTS ESTABLISHED 1,948
UNDER DIVISION (C) OF SECTION 903.06 OR DIVISION (A) OF SECTION 1,949
903.07 OF THE REVISED CODE. 1,950
(2) A PERSON WHO HAS VIOLATED THE REQUIREMENTS ESTABLISHED 1,952
UNDER DIVISION (C) OF SECTION 903.06 OF THE REVISED CODE SHALL 1,954
PAY A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES FOR EACH 1,955
VIOLATION. EACH SEVEN-DAY PERIOD DURING WHICH A VIOLATION 1,957
CONTINUES CONSTITUTES A SEPARATE VIOLATION. 1,958
(3) A PERSON WHO HAS VIOLATED THE REQUIREMENTS ESTABLISHED 1,960
UNDER DIVISION (A) OF SECTION 903.07 OF THE REVISED CODE SHALL 1,962
PAY A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR 1,963
EACH VIOLATION. EACH THIRTY-DAY PERIOD DURING WHICH A VIOLATION 1,964
CONTINUES CONSTITUTES A SEPARATE VIOLATION. 1,965
45
(C) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF THE 1,967
DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY COURT OF 1,969
COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR
THREATENING TO VIOLATE SECTION 903.02, 903.03, OR 903.04 OF THE 1,971
REVISED CODE; THE TERMS AND CONDITIONS OF A PERMIT TO INSTALL, 1,973
PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE, INCLUDING 1,974
THE REQUIREMENTS ESTABLISHED DIVISION (C) OF SECTION 903.06 OR 1,975
DIVISION (A) OF SECTION 903.07 OF THE REVISED CODE; RULES ADOPTED 1,977
UNDER DIVISION (A) OF SECTION 903.10 OF THE REVISED CODE; OR AN 1,978
ORDER ISSUED UNDER DIVISION (B) OF THIS SECTION. 1,980
(D)(1) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION 1,983
(A) OF THIS SECTION, THE DIRECTOR MAY REQUEST THE ATTORNEY 1,984
GENERAL, IN WRITING, TO BRING AN ACTION FOR A CIVIL PENALTY IN A 1,985
COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS 1,986
VIOLATED OR IS VIOLATING THE TERMS AND CONDITIONS OF A PERMIT TO 1,987
INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE, 1,988
INCLUDING THE REQUIREMENTS ESTABLISHED UNDER DIVISION (C) OF 1,989
SECTION 903.06 OR DIVISION (A) OF SECTION 903.07 OF THE REVISED 1,991
CODE.
(2) THE DIRECTOR MAY REQUEST THE ATTORNEY GENERAL, IN 1,993
WRITING, TO BRING AN ACTION FOR A CIVIL PENALTY IN A COURT OF 1,994
COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS 1,995
VIOLATING SECTION 903.02, 903.03, OR 903.04 OF THE REVISED CODE, 1,996
RULES ADOPTED UNDER DIVISION (A) OF SECTION 903.10 OF THE REVISED 1,998
CODE, OR AN ORDER ISSUED UNDER DIVISION (B) OF THIS SECTION. 1,999
(3) A PERSON WHO HAS COMMITTED A VIOLATION FOR WHICH THE 2,001
ATTORNEY GENERAL MAY BRING AN ACTION FOR A CIVIL PENALTY UNDER 2,002
DIVISION (D)(1) OR (2) OF THIS SECTION SHALL PAY A CIVIL PENALTY 2,003
OF NOT MORE THAN TEN THOUSAND DOLLARS PER VIOLATION. EACH DAY 2,005
THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION. 2,006
Sec. 903.17. (A) THE DIRECTOR OF AGRICULTURE MAY PROPOSE 2,009
TO REQUIRE CORRECTIVE ACTIONS AND ASSESS A CIVIL PENALTY AGAINST 2,010
AN OWNER OR OPERATOR OF A POINT SOURCE IF THE DIRECTOR OR THE 2,011
DIRECTOR'S AUTHORIZED REPRESENTATIVE DETERMINES THAT THE OWNER OR 2,012
46
OPERATOR IS NOT IN COMPLIANCE WITH SECTION 903.08 OF THE REVISED 2,013
CODE, THE TERMS AND CONDITIONS OF A NPDES PERMIT, THE NPDES 2,016
PROVISIONS OF A PERMIT TO OPERATE, OR RULES ADOPTED UNDER 2,017
DIVISION (F) OF SECTION 903.10 OF THE REVISED CODE. HOWEVER, THE 2,018
DIRECTOR MAY IMPOSE A CIVIL PENALTY ONLY IF ALL OF THE FOLLOWING 2,020
OCCUR:
(1) THE OWNER OR OPERATOR IS NOTIFIED IN WRITING OF THE 2,023
DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE 2,024
OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE 2,025
TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE 2,026
DEFICIENCIES AND ATTAIN COMPLIANCE. 2,027
(2) AFTER THE TIME PERIOD SPECIFIED IN THE NOTICE HAS 2,029
ELAPSED, THE DIRECTOR OR THE DIRECTOR'S DULY AUTHORIZED 2,030
REPRESENTATIVE HAS INSPECTED THE POINT SOURCE, DETERMINED THAT 2,032
THE OWNER OR OPERATOR IS STILL NOT IN COMPLIANCE, AND ISSUED A
NOTICE OF VIOLATION TO REQUIRE CORRECTIVE ACTIONS. 2,033
(3) THE DIRECTOR AFFORDS THE OWNER OR OPERATOR AN 2,035
OPPORTUNITY FOR AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE 2,036
REVISED CODE TO CHALLENGE THE DIRECTOR'S DETERMINATION THAT THE 2,038
OWNER OR OPERATOR IS NOT IN COMPLIANCE OR THE IMPOSITION OF THE 2,039
CIVIL PENALTY, OR BOTH. HOWEVER, THE OWNER OR OPERATOR MAY WAIVE 2,041
THE RIGHT TO AN ADJUDICATION HEARING. 2,042
(B) IF THE OPPORTUNITY FOR AN ADJUDICATION HEARING IS 2,044
WAIVED OR IF, AFTER AN ADJUDICATION HEARING, THE DIRECTOR 2,045
DETERMINES THAT A VIOLATION HAS OCCURRED OR IS OCCURRING, THE 2,046
DIRECTOR MAY ISSUE AN ORDER AND ASSESS A CIVIL PENALTY OF NOT 2,047
MORE THAN TEN THOUSAND DOLLARS PER VIOLATION AGAINST THE 2,048
VIOLATOR. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY, EACH 2,049
DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND
DISTINCT VIOLATION. THE ORDER AND THE ASSESSMENT OF THE CIVIL 2,052
PENALTY MAY BE APPEALED IN ACCORDANCE WITH SECTION 119.12 OF THE 2,053
REVISED CODE.
(C) TO THE EXTENT CONSISTENT WITH THE FEDERAL WATER 2,058
POLLUTION CONTROL ACT, THE DIRECTOR SHALL CONSIDER TECHNICAL 2,059
47
FEASIBILITY AND ECONOMIC COSTS IN ISSUING ORDERS UNDER THIS 2,060
SECTION.
(D)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF 2,062
THE DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY 2,063
COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR 2,064
THREATENING TO VIOLATE SECTION 903.08 OF THE REVISED CODE, THE 2,066
TERMS AND CONDITIONS OF A NPDES PERMIT, THE NPDES PROVISIONS OF A 2,067
PERMIT TO OPERATE, RULES ADOPTED UNDER DIVISION (F) OF SECTION 2,070
903.10 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (B) 2,071
OF THIS SECTION.
(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION (A) 2,073
OF THIS SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE 2,074
ATTORNEY GENERAL TO BRING AN ACTION FOR A CIVIL PENALTY OF NOT 2,075
MORE THAN TEN THOUSAND DOLLARS PER VIOLATION IN A COURT OF 2,076
COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS 2,077
VIOLATING SECTION 903.08 OF THE REVISED CODE, THE TERMS AND 2,078
CONDITIONS OF A NPDES PERMIT, THE NPDES PROVISIONS OF A PERMIT TO 2,079
OPERATE, RULES ADOPTED UNDER DIVISION (F) OF SECTION 903.10 OF 2,081
THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (B) OF THIS 2,084
SECTION. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY TO BE 2,085
ASSESSED UNDER DIVISION (B) OF THIS SECTION, EACH DAY THAT A 2,086
VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT 2,087
VIOLATION.
Sec. 903.18. (A) NOTWITHSTANDING SECTIONS 903.16 AND 2,089
903.17 OF THE REVISED CODE, IF THE DIRECTOR OF AGRICULTURE 2,091
DETERMINES THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ACTION TO 2,092
PROTECT THE PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT, THE 2,093
DIRECTOR MAY ISSUE AN ORDER, WITHOUT NOTICE OR ADJUDICATION
HEARING, STATING THE EXISTENCE OF THE EMERGENCY AND REQUIRING 2,095
THAT ACTION BE TAKEN THAT IS NECESSARY TO MEET THE EMERGENCY. 2,096
THE ORDER SHALL TAKE EFFECT IMMEDIATELY. A PERSON TO WHOM THE 2,097
ORDER IS DIRECTED SHALL COMPLY IMMEDIATELY, BUT ON APPLICATION TO 2,098
THE DIRECTOR SHALL BE AFFORDED AN ADJUDICATION HEARING IN
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE AS SOON AS 2,100
48
POSSIBLE AND NOT LATER THAN THIRTY DAYS AFTER APPLICATION. ON 2,101
THE BASIS OF THE HEARING, THE DIRECTOR SHALL CONTINUE THE ORDER 2,102
IN EFFECT, REVOKE IT, OR MODIFY IT. THE DIRECTOR'S ORDER IS 2,104
APPEALABLE IN ACCORDANCE WITH SECTION 119.12 OF THE REVISED CODE. 2,106
NO EMERGENCY ORDER SHALL REMAIN IN EFFECT FOR MORE THAN ONE 2,107
HUNDRED TWENTY DAYS AFTER ITS ISSUANCE. 2,108
(B) A PERSON THAT IS RESPONSIBLE FOR CAUSING OR ALLOWING 2,110
THE UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF MANURE THAT 2,112
REQUIRES EMERGENCY ACTION TO PROTECT PUBLIC HEALTH OR SAFETY OR 2,113
THE ENVIRONMENT IS LIABLE TO THE DIRECTOR FOR THE COSTS INCURRED 2,114
IN INVESTIGATING, MITIGATING, MINIMIZING, REMOVING, OR ABATING 2,115
THE SPILL, RELEASE, OR DISCHARGE. UPON REQUEST OF THE DIRECTOR, 2,116
THE ATTORNEY GENERAL SHALL BRING A CIVIL ACTION AGAINST THE 2,117
RESPONSIBLE PERSON OR PERSONS TO RECOVER THOSE COSTS. MONEYS
RECOVERED UNDER THIS DIVISION SHALL BE PAID INTO THE STATE 2,118
TREASURY TO THE CREDIT OF THE LIVESTOCK MANAGEMENT FUND. 2,120
Sec. 903.19. ALL MONEY COLLECTED BY THE DIRECTOR OF 2,122
AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02, 903.03, 2,123
903.07, AND 903.08 OF THE REVISED CODE, ALL MONEY COLLECTED FROM 2,127
CIVIL PENALTIES UNDER SECTIONS 903.16 AND 903.17 OF THE REVISED 2,130
CODE, AND ALL MONEY COLLECTED UNDER DIVISION (B) OF SECTION
903.18 OF THE REVISED CODE SHALL BE DEPOSITED IN THE LIVESTOCK 2,132
MANAGEMENT FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. 2,133
MONEY CREDITED TO THE FUND SHALL BE USED SOLELY IN THE 2,134
ADMINISTRATION OF THIS CHAPTER. 2,135
Sec. 903.20. (A) THERE IS HEREBY CREATED THE CONCENTRATED 2,138
ANIMAL FEEDING FACILITY ADVISORY COMMITTEE CONSISTING OF THE 2,139
DIRECTORS OF AGRICULTURE, DEVELOPMENT, ENVIRONMENTAL PROTECTION, 2,141
AND NATURAL RESOURCES AND THE DEAN OF THE COLLEGE OF FOOD, 2,143
AGRICULTURAL, AND ENVIRONMENTAL SCIENCES OF THE OHIO STATE 2,144
UNIVERSITY, OR THEIR DESIGNEES, AS MEMBERS EX OFFICIO, AND
SIXTEEN MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE. 2,145
OF THE APPOINTED MEMBERS, ONE SHALL BE AN ELECTED LOCAL 2,148
GOVERNMENT OFFICIAL WHOSE JURISDICTION HAS A CONCENTRATED ANIMAL 2,149
49
FEEDING FACILITY LOCATED IN IT AT THE TIME THAT THE OFFICIAL IS 2,150
APPOINTED TO THE COMMITTEE, ONE SHALL BE A PERSON WHO IS LICENSED 2,151
TO PRACTICE VETERINARY MEDICINE UNDER CHAPTER 4741. OF THE 2,152
REVISED CODE, ONE SHALL REPRESENT THE INTERESTS OF POULTRY 2,153
PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS, 2,154
ONE SHALL REPRESENT THE INTERESTS OF DAIRY FARMERS, ONE SHALL 2,156
REPRESENT THE INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL
REPRESENT THE INTERESTS OF SHEEP PRODUCERS, ONE SHALL REPRESENT 2,157
THE INTERESTS OF DRINKING WATER UTILITIES, ONE SHALL REPRESENT 2,159
THE INTERESTS OF WASTEWATER UTILITIES, ONE SHALL REPRESENT THE 2,160
OHIO ENVIRONMENTAL HEALTH ASSOCIATION, TWO SHALL REPRESENT THE 2,161
INTERESTS OF STATEWIDE ENVIRONMENTAL ADVOCACY ORGANIZATIONS, AND 2,163
FOUR SHALL REPRESENT THE INTERESTS OF THE PUBLIC. PRIOR TO 2,166
MAKING THE APPOINTMENT OF THE MEMBER WHO IS AN ELECTED LOCAL 2,167
GOVERNMENT OFFICIAL, THE DIRECTOR SHALL SOLICIT A LIST OF 2,168
SUGGESTED CANDIDATES FROM THE APPROPRIATE STATEWIDE ASSOCIATIONS 2,169
THAT REPRESENT THE INTERESTS OF LOCAL GOVERNMENTS. PRIOR TO 2,171
MAKING AN APPOINTMENT OF A MEMBER REPRESENTING THE INTERESTS OF 2,172
POULTRY, SWINE, BEEF CATTLE, OR SHEEP PRODUCERS OR DAIRY FARMERS,
THE DIRECTOR SHALL SOLICIT FROM THE APPROPRIATE STATEWIDE TRADE 2,174
ASSOCIATIONS A LIST OF SUGGESTED CANDIDATES TO REPRESENT THE 2,175
INTERESTS OF THE SPECIES CATEGORY ON THE COMMITTEE. THE MEMBERS 2,176
REPRESENTING THE PUBLIC SHALL NOT BE OWNERS OR OPERATORS OF 2,177
CONCENTRATED ANIMAL FEEDING FACILITIES OR ASSOCIATED WITH SUCH 2,179
FACILITIES BY CONTRACT. 2,180
NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS 2,183
SECTION, THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE COMMITTEE. 2,184
OF THE INITIAL APPOINTMENTS, SIX SHALL BE FOR TERMS ENDING ONE 2,185
YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, FIVE SHALL BE FOR 2,186
TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, 2,187
AND FIVE SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE 2,188
EFFECTIVE DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE 2,189
SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY 2,190
OF THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER 2,191
50
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 2,192
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 2,193
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 2,194
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 2,195
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 2,196
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 2,197
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 2,198
OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 2,199
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. 2,200
THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR A 2,203
MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE, PROVIDED 2,204
THAT NO MEETING SHALL BE HELD ON THE CALL OF THE CHAIRPERSON 2,205
UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS PROVIDED TO 2,206
ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING OF THE 2,207
COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF AGRICULTURE 2,208
SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE AS ITS 2,209
CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS VICE-CHAIRPERSON. A 2,210
MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE IS NECESSARY TO 2,211
TAKE ACTION ON ANY MATTER. A VACANCY ON THE COMMITTEE DOES NOT 2,212
IMPAIR THE RIGHT OF THE OTHER MEMBERS TO EXERCISE ALL OF THE 2,213
COMMITTEE'S POWERS.
SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT 2,215
CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT 2,216
UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR 2,217
REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR 2,218
POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER 2,219
NOTICE AND A PUBLIC MEETING, MAY REMOVE ANY APPOINTED MEMBER OF 2,220
THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN 2,221
OFFICE. 2,222
APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 2,224
COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE 2,225
COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY 2,226
EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS 2,227
51
MEMBERS OF THE COMMITTEE. 2,228
(B) THE COMMITTEE MAY DO EITHER OR BOTH OF THE FOLLOWING: 2,231
(1) ADOPT RULES OR PROCEDURES GOVERNING THE CONDUCT OF ITS 2,234
INTERNAL AFFAIRS;
(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE 2,236
DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, 2,237
AND DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS. 2,238
(C) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING: 2,241
(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE 2,243
ADMINISTRATION OF THIS CHAPTER; 2,244
(2) KEEP ABREAST OF ADVANCES IN MANURE MANAGEMENT 2,247
PRACTICES AND ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE, 2,248
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF THE RECENT 2,250
ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT
CONSTITUTES BEST MANAGEMENT PRACTICES; 2,251
(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, 2,253
PREPARE AND, UPON REQUEST, DISTRIBUTE WRITTEN MATERIALS DESIGNED 2,255
TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A NEW OR MODIFY AN 2,256
EXISTING CONCENTRATED ANIMAL FEEDING FACILITY IN APPLYING FOR A 2,257
PERMIT TO INSTALL OR PERMIT TO OPERATE. THE MATERIALS ALSO SHALL 2,260
INCLUDE INFORMATION STATING THAT, IN ADDITION TO OBTAINING A 2,261
PERMIT TO OPERATE, IT MAY BE NECESSARY TO OBTAIN A NPDES PERMIT 2,262
FOR THE DISCHARGE OF MANURE OR STORM WATER. IN ADDITION, THE 2,264
WRITTEN MATERIALS SHALL INCLUDE INFORMATION ON THE MEANING OF A 2,265
"COMPLETE APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON THE 2,266
PUBLIC MEETING PROCESS IN CONNECTION WITH THE RELEVANT PERMITS 2,268
ISSUED UNDER THIS CHAPTER, AND A SUMMARY OF THE ANTIDEGRADATION
POLICY ESTABLISHED UNDER SECTION 6111.12 OF THE REVISED CODE 2,271
TOGETHER WITH AN INDICATION OF THE POSSIBILITY THAT THE OWNER'S 2,273
OR OPERATOR'S PROPOSED NEW OR MODIFIED DISPOSAL SYSTEM FOR MANURE 2,274
OR DISCHARGES MAY BE SUBJECT TO THAT POLICY.
(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE 2,276
OF THIS SECTION, CONDUCT AN EXAMINATION OF THE SCIENTIFIC 2,277
APPROPRIATENESS OF THE DEFINITION OF "ANIMAL UNIT" IN SECTION 2,279
52
903.01 OF THE REVISED CODE AND PREPARE AND SUBMIT TO THE GENERAL
ASSEMBLY, THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, 2,280
ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES THE COMMITTEE'S 2,281
FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES IN THAT 2,282
DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO REFLECT ON A MORE 2,284
SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES
AND TYPES OF CONCENTRATED ANIMAL FEEDING FACILITIES. 2,285
(D) SECTION 101.84 OF THE REVISED CODE DOES NOT APPLY TO 2,287
THE COMMITTEE.
Sec. 903.99. (A) WHOEVER VIOLATES DIVISION (A)(2) OF 2,290
SECTION 903.02 OR DIVISION (A)(2) OF SECTION 903.03 OF THE 2,291
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE ON A 2,293
FIRST OFFENSE, A MISDEMEANOR OF THE SECOND DEGREE ON A SECOND 2,294
OFFENSE, AND A MISDEMEANOR OF THE FIRST DEGREE ON A THIRD OR 2,295
SUBSEQUENT OFFENSE. EACH TEN-DAY PERIOD THAT THE OFFENSE 2,296
CONTINUES CONSTITUTES A SEPARATE OFFENSE. 2,297
(B) WHOEVER VIOLATES THE TERMS AND CONDITIONS OF A PERMIT 2,301
TO INSTALL ISSUED UNDER SECTION 903.02 OF THE REVISED CODE OR OF 2,302
A PERMIT TO OPERATE ISSUED UNDER SECTION 903.03 OF THE REVISED 2,303
CODE, DIVISION (B)(1), (C)(1), OR (M)(1) OR (2) OF SECTION 903.08 2,306
OF THE REVISED CODE, OR THE NPDES PROVISIONS OF A PERMIT TO 2,307
OPERATE SHALL BE FINED NOT MORE THAN TWENTY-FIVE THOUSAND 2,309
DOLLARS. EACH DAY OF VIOLATION CONSTITUTES A SEPARATE OFFENSE. 2,310
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (K) OF SECTION 2,312
903.08 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 2,315
TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES
A SEPARATE OFFENSE. 2,316
Sec. 1511.02. The chief of the division of soil and water 2,325
conservation, subject to the approval of the director of natural 2,326
resources, shall do all of the following: 2,327
(A) Provide administrative leadership to local soil and 2,329
water conservation districts in planning, budgeting, staffing, 2,330
and administering district programs and the training of district 2,331
supervisors and personnel in their duties, responsibilities, and 2,332
53
authorities as prescribed in this chapter and Chapter 1515. of 2,333
the Revised Code; 2,334
(B) Administer this chapter and Chapter 1515. of the 2,336
Revised Code pertaining to state responsibilities and provide 2,337
staff assistance to the Ohio soil and water conservation 2,338
commission in exercising its statutory responsibilities; 2,339
(C) Assist in expediting state responsibilities for 2,341
watershed development and other natural resource conservation 2,342
works of improvement; 2,343
(D) Coordinate the development and implementation of 2,345
cooperative programs and working agreements between local soil 2,346
and water conservation districts and divisions or sections of the 2,347
department of natural resources, or other agencies of local, 2,348
state, and federal government; 2,349
(E) Subject to the approval of the Ohio soil and water 2,351
conservation commission, adopt, amend, or rescind rules pursuant 2,352
to Chapter 119. of the Revised Code. Rules adopted pursuant to 2,353
this section: 2,354
(1) Shall establish technically feasible and economically 2,356
reasonable standards to achieve a level of management and 2,357
conservation practices in farming or silvicultural operations 2,358
that will abate wind or water erosion of the soil or abate the 2,359
degradation of the waters of the state by animal waste or by soil 2,360
sediment including substances attached thereto, and establish 2,361
criteria for determination of the acceptability of such 2,362
management and conservation practices; 2,363
(2) Shall establish technically feasible and economically 2,365
reasonable standards to achieve a level of management and 2,366
conservation practices that will abate wind or water erosion of 2,367
the soil or abate the degradation of the waters of the state by 2,368
soil sediment in conjunction with land grading, excavating, 2,369
filling, or other soil-disturbing activities on land used or 2,370
being developed for nonfarm commercial, industrial, residential, 2,371
or other nonfarm purposes, and establish criteria for 2,372
54
determination of the acceptability of such management and 2,373
conservation practices. The standards shall be designed to 2,374
implement applicable areawide waste treatment management plans 2,375
prepared under section 208 of the "Federal Water Pollution 2,376
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended. 2,377
The standards and criteria shall not apply in any municipal 2,378
corporation or county that adopts ordinances or rules pertaining 2,379
to sediment control, nor to lands being used in a strip mine 2,380
operation as defined in section 1513.01 of the Revised Code, nor 2,381
to lands being used in a surface mining operation as defined in 2,382
section 1514.01 of the Revised Code. 2,383
(3) May recommend criteria and procedures for the approval 2,385
of urban sediment pollution abatement plans and issuance of 2,386
permits prior to any grading, excavating, filling, or other whole 2,387
or partial disturbance of five or more contiguous acres of land 2,388
owned by one person or operated as one development unit and 2,389
require implementation of such a plan. Areas of less than five 2,390
contiguous acres are not exempt from compliance with other 2,391
provisions of this chapter and rules adopted under them. 2,392
(4) Shall establish procedures for administration of rules 2,394
for agricultural pollution abatement and urban sediment pollution 2,395
abatement and for enforcement of rules for agricultural pollution 2,396
abatement; 2,397
(5) Shall specify the pollution abatement practices 2,399
eligible for state cost sharing and determine the conditions for 2,400
eligibility, the construction standards and specifications, the 2,401
useful life, the maintenance requirements, and the limits of cost 2,402
sharing for those practices. Eligible practices shall be limited 2,403
to practices that address agricultural or silvicultural 2,404
operations and that require expenditures that are likely to 2,405
exceed the economic returns to the owner or operator and that 2,406
abate soil erosion or degradation of the waters of the state by 2,407
animal waste or soil sediment including pollutants attached 2,408
thereto. 2,409
55
(6) Until June 1, 1996, shall specify the multiflora rose 2,411
control practices eligible for state cost sharing, the conditions 2,412
of eligibility for state cost sharing, the limits of cost sharing 2,413
for those practices, specifications for carrying out those 2,414
practices to ensure effective control of the multiflora rose and 2,415
to safeguard the health and safety of human beings and domestic 2,416
animals and the environment, and the contract provisions to be 2,417
included in cost-sharing agreements with landowners; 2,418
(7) Until June 1, 1996, shall establish procedures for 2,420
administering grants to soil and water conservation districts for 2,421
control of multiflora rose; 2,422
(8) Shall establish procedures for administering grants to 2,424
owners or operators of agricultural land or concentrated animal 2,425
feeding operations for the implementation of operation and 2,426
management plans; 2,427
(9) Shall establish procedures for administering grants to 2,429
soil and water conservation districts for urban sediment 2,430
pollution abatement programs, specify the types of projects 2,431
eligible for grants, establish limits on the availability of 2,432
grants, and establish requirements governing the execution of 2,433
projects to encourage the reduction of erosion and sedimentation 2,434
associated with soil-disturbing activities; 2,435
(10) Shall do all of the following with regard to 2,437
composting conducted in conjunction with agricultural operations: 2,438
(a) Provide for the distribution of educational material 2,440
concerning composting to the offices of the Ohio cooperative 2,441
extension service for the purposes of section 1511.022 of the 2,442
Revised Code; 2,443
(b) Establish methods, techniques, or practices for 2,445
composting dead animals, or particular types of dead animals, 2,446
that are to be used at such operations, as the chief considers to 2,447
be necessary or appropriate; 2,448
(c) Establish requirements and procedures governing the 2,450
review and approval or disapproval of composting plans by the 2,451
56
supervisors of soil and water conservation districts under 2,452
division (U) of section 1515.08 of the Revised Code. 2,453
(11) Shall be adopted, amended, or rescinded after the 2,455
chief does all of the following: 2,456
(a) Mails notice to each statewide organization that the 2,458
chief determines represents persons or local governmental 2,459
agencies who would be affected by the proposed rule, amendment 2,460
thereto, or rescission thereof at least thirty-five days before 2,461
any public hearing thereon; 2,462
(b) Mails a copy of each proposed rule, amendment thereto, 2,464
or rescission thereof to any person who requests a copy, within 2,465
five days after receipt of the request; 2,466
(c) Consults with appropriate state and local governmental 2,468
agencies or their representatives, including statewide 2,469
organizations of local governmental officials, industrial 2,470
representatives, and other interested persons; 2,471
(d) If the rule relates to agricultural pollution 2,473
abatement, develops an economic impact statement concerning the 2,474
effect of the proposed rule or amendment. 2,475
(12) Shall not conflict with air or water quality 2,477
standards adopted pursuant to section 3704.03 or 6111.041 of the 2,478
Revised Code. Compliance with rules adopted pursuant to this 2,479
section does not affect liability for noncompliance with air or 2,481
water quality standards adopted pursuant to section 3704.03 or 2,482
6111.041 of the Revised Code. The application of a level of 2,483
management and conservation practices recommended under this 2,484
section to control windblown soil from farming operations creates 2,485
a presumption of compliance with section 3704.03 of the Revised 2,488
Code as that section applies to windblown soil.
(13) Insofar as the rules relate to urban sediment 2,490
pollution, shall not be applicable in a municipal corporation or 2,491
county that adopts ordinances or rules for urban sediment 2,492
control, except that a municipal corporation or county that 2,493
adopts such ordinances or rules may receive moneys for urban 2,494
57
sediment control that are disbursed by the board of supervisors 2,495
of the applicable soil and water conservation district under 2,496
division (R) of section 1515.08 of the Revised Code. The rules 2,497
shall not exempt any person from compliance with municipal 2,498
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio 2,499
Constitution. 2,500
(F) Cost share with landowners on practices established 2,502
pursuant to division (E)(5) of this section as moneys are 2,503
appropriated and available for that purpose. Any practice for 2,504
which cost share is provided shall be maintained for its useful 2,505
life. Failure to maintain a cost share practice for its useful 2,506
life shall subject the landowner to full repayment to the 2,507
division. 2,508
(G) Issue orders requiring compliance with any rule 2,510
adopted under division (E)(1) of this section or with section 2,511
1511.022 of the Revised Code. Before the chief issues an order, 2,512
the chief shall afford each person allegedly liable an 2,513
adjudication hearing under Chapter 119. of the Revised Code. The 2,514
chief may require in an order that a person who has caused 2,515
agricultural pollution by failure to comply with the standards 2,516
established under division (E)(1) of this section operate under 2,517
an operation and management plan approved by the chief under this 2,518
section. The chief shall require in an order that a person who 2,519
has failed to comply with division (A) of section 1511.022 of the 2,520
Revised Code prepare a composting plan in accordance with rules 2,521
adopted under division (E)(10)(c) of this section and operate in 2,522
accordance with that plan or that a person who has failed to 2,523
operate in accordance with such a plan begin to operate in 2,524
accordance with it. Each order shall be issued in writing and 2,525
contain a finding by the chief of the facts upon which the order 2,526
is based and the standard that is not being met. 2,527
(H) Refrain from issuing any order requiring a pollution 2,529
abatement practice that is eligible for cost sharing under 2,530
division (E)(5) of this section unless public funds are available 2,531
58
for cost sharing on those practices at not less than seventy-five 2,532
per cent of the cost, but not more than fifteen thousand dollars 2,533
per person per year for practices for abating agricultural 2,534
pollution. The fifteen thousand dollar per person per year limit 2,535
may be waived by majority vote of the Ohio soil and water 2,536
conservation commission. 2,537
(I) Employ field assistants and such other employees as 2,539
are necessary for the performance of the work prescribed by 2,540
Chapter 1515. of the Revised Code, for performance of work of the 2,541
division, and as agreed to under working agreements or 2,542
contractual arrangements with local soil and water conservation 2,543
districts, prescribe their duties, and fix their compensation in 2,544
accordance with such schedules as are provided by law for the 2,545
compensation of state employees. 2,546
All employees of the division, unless specifically exempted 2,548
by law, shall be employed subject to the classified civil service 2,549
laws in force at the time of employment. 2,550
(J)(I) In connection with new or relocated projects 2,552
involving highways, underground cables, pipelines, railroads, and 2,553
other improvements affecting soil and water resources, including 2,554
surface and subsurface drainage: 2,555
(1) Provide engineering service as is mutually agreeable 2,557
to the Ohio soil and water conservation commission and the 2,558
director to aid in the design and installation of soil and water 2,559
conservation practices as a necessary component of such projects; 2,560
(2) Maintain close liaison between the owners of lands on 2,562
which the projects are executed, local soil and water 2,563
conservation districts, and authorities responsible for such 2,564
projects; 2,565
(3) Review plans for such projects to ensure their 2,567
compliance with standards developed under division (E) of this 2,568
section in cooperation with the department of transportation or 2,569
with any other interested agency that is engaged in soil or water 2,570
conservation projects in the state in order to minimize adverse 2,571
59
impacts on soil and water resources adjacent to or otherwise 2,572
affected by these projects; 2,573
(4) Recommend measures to retard erosion and protect soil 2,575
and water resources through the installation of water impoundment 2,576
or other soil and water conservation practices; 2,577
(5) Cooperate with other agencies and subdivisions of the 2,579
state to protect the agricultural status of rural lands adjacent 2,580
to such projects and control adverse impacts on soil and water 2,581
resources. 2,582
(K)(J) Collect, analyze, inventory, and interpret all 2,584
available information pertaining to the origin, distribution, 2,585
extent, use, and conservation of the soil resources of the state; 2,586
(L)(K) Prepare and maintain up-to-date reports, maps, and 2,588
other materials pertaining to the soil resources of the state and 2,589
their use and make that information available to governmental 2,590
agencies, public officials, conservation entities, and the 2,591
public; 2,592
(M)(L) Provide soil and water conservation districts with 2,594
technical assistance including on-site soil investigations and 2,595
soil interpretation reports on the suitability or limitations of 2,596
soil to support a particular use or to plan soil conservation 2,597
measures. The assistance shall be upon such terms as are 2,598
mutually agreeable to the districts and the department of natural 2,599
resources. 2,600
(N)(M) Assist local government officials in utilizing land 2,602
use planning and zoning, current agricultural use value 2,603
assessment, development reviews, and land management activities; 2,604
(O)(N) When necessary for the purposes of this chapter or 2,606
Chapter 1515. of the Revised Code, develop or approve operation 2,607
and management plans. 2,608
This section does not restrict the excrement of domestic or 2,610
farm animals defecated on land outside a concentrated animal 2,611
feeding operation or runoff therefrom into the waters of the 2,612
state. 2,613
60
Sec. 1511.021. (A) Any person who owns or operates 2,622
agricultural land or a concentrated animal feeding operation may 2,623
develop and operate under an operation and management plan 2,624
approved by the chief of the division of soil and water 2,625
conservation under section 1511.02 of the Revised Code or by the 2,626
supervisors of the local soil and water conservation district 2,627
under section 1515.08 of the Revised Code. 2,628
(B) Any person who wishes to make a complaint regarding 2,630
nuisances involving agricultural pollution may do so only by 2,632
submitting a written, signed, and dated complaint to the chief or 2,633
to his THE CHIEF'S designee.
(C) In a private civil action for nuisances involving 2,635
agricultural pollution, it is an affirmative defense if the 2,636
person owning, operating, or otherwise responsible for 2,637
agricultural land or a concentrated animal feeding operation is 2,638
operating under and in substantial compliance with an approved 2,639
operation and management plan developed under division (A) of 2,640
this section, with an operation and management plan developed by 2,641
the chief under section 1511.02 of the Revised Code or by the 2,642
supervisors of the local soil and water conservation district 2,643
under section 1515.08 of the Revised Code, or with an operation 2,644
and management plan required by an order issued by the chief 2,645
under division (G) of section 1511.02 of the Revised Code. 2,646
Nothing in this section is in derogation of the authority granted 2,647
to the chief in division (E) of section 1511.02 and in section 2,648
1511.07 of the Revised Code or to the director of environmental 2,649
protection in Chapter 6111. of the Revised Code. 2,650
Sec. 1511.022. (A) Any person who owns or operates an 2,659
agricultural operation, or owns the animals raised by the owner 2,660
or operator of an agricultural operation, and who wishes to 2,661
conduct composting of dead animals resulting from the 2,662
agricultural operation shall do both of the following: 2,663
(1) Participate in an educational course concerning 2,665
composting conducted by the Ohio cooperative extension service 2,666
61
and obtain a certificate of completion for the course; 2,667
(2) Use the appropriate method, technique, or practice of 2,669
composting established in rules adopted under division (E)(10) of 2,670
section 1511.02 of the Revised Code. 2,671
(B) Any person who fails to comply with division (A) of 2,673
this section shall prepare and operate under a composting plan in 2,674
accordance with an order issued by the chief of the division of 2,675
soil and water conservation under division (H)(G) of section 2,676
1511.02 of the Revised Code. If the person's proposed composting 2,677
plan is disapproved by the board of supervisors of the 2,678
appropriate soil and water conservation district under division 2,679
(U)(3) of section 1515.08 of the Revised Code, the person may 2,681
appeal the plan disapproval to the chief, who shall afford the 2,682
person a hearing. Following the hearing, the chief shall uphold 2,683
the plan disapproval or reverse it. If the chief reverses the 2,684
disapproval, the plan shall be deemed approved. 2,685
Sec. 1511.07. (A)(1) No person shall fail to comply with 2,693
an order of the chief of the division of soil and water 2,694
conservation issued pursuant to division (G) of section 1511.02 2,695
of the Revised Code. 2,696
(2) In addition to the remedies provided and irrespective 2,698
of whether an adequate remedy at law exists, the chief may apply 2,699
to the court of common pleas in the county where a violation of a 2,700
standard established under division (E)(1) or (10)(b) of section 2,701
1511.02 of the Revised Code causes pollution of the waters of the 2,702
state and constitutes a danger to public health for an order to 2,703
compel the violator to cease the violation and to remove the 2,704
agricultural pollutant or to comply with the rules adopted under 2,705
division (E)(10)(b) of that section, as appropriate. 2,706
(3) In addition to the remedies provided and irrespective 2,708
of whether an adequate remedy at law exists, whenever the chief 2,709
officially determines that an emergency exists because of an 2,710
unauthorized release, spill, or discharge of animal waste, or a 2,711
violation of a rule adopted under division (E)(10)(b) of section 2,712
62
1511.02 of the Revised Code, that causes pollution of the waters 2,713
of the state and requires immediate action to protect the public 2,714
health, he THE CHIEF may, without notice or hearing, issue an 2,716
order reciting the existence of the emergency and requiring that 2,718
necessary action be taken to meet the emergency. The order shall 2,719
be effective immediately. Any person to whom the order is 2,720
directed shall comply with the order immediately, but on 2,721
application to the chief shall be afforded a hearing as soon as 2,722
possible, but not later than twenty days after making the 2,723
application. On the basis of the hearing, the chief shall 2,724
continue the order in effect, revoke it, or modify it. No 2,725
emergency order shall remain in effect for more than sixty days 2,726
after its issuance. If a person to whom an order is issued does 2,727
not comply with the order within a reasonable period, as 2,728
determined by the chief, the chief or his THE CHIEF'S designee 2,729
may enter upon private or public lands and take action to 2,731
mitigate, minimize, remove, or abate the release, spill, 2,732
discharge, or conditions caused by the violation of the rule. 2,733
(B) The attorney general, upon the written request of the 2,735
chief, shall bring appropriate legal action in Franklin county 2,736
against any person who fails to comply with an order of the chief 2,737
issued pursuant to division (G) of section 1511.02 of the Revised 2,738
Code. 2,739
Sec. 1511.071. There is hereby created in the state 2,748
treasury the agricultural pollution abatement fund, which shall 2,749
be administered by the chief of the division of soil and water 2,750
conservation. The fund may be used to pay costs incurred by the 2,751
division under division (A)(3) of section 1511.07 of the Revised 2,752
Code in investigating, mitigating, minimizing, removing, or 2,753
abating any pollution of the waters of the state caused by an 2,754
unauthorized release, spill, or discharge of animal waste into or 2,755
upon the environment that requires emergency action to protect 2,756
the public health. 2,757
Any person responsible for causing or allowing an 2,759
63
unauthorized release, spill, or discharge is liable to the chief 2,760
for any costs incurred by the division AND SOIL AND WATER 2,761
CONSERVATION DISTRICTS in investigating, mitigating, minimizing, 2,763
removing, or abating the release, spill, or discharge, regardless 2,764
of whether those costs were paid out of the agricultural 2,765
pollution abatement fund or any other fund of the division OR A 2,766
DISTRICT. Upon the request of the chief, the attorney general 2,768
shall bring a civil action against the responsible person to 2,769
recover those costs. Moneys recovered under this section shall 2,770
be paid into the agricultural pollution abatement fund.
Sec. 1515.08. The supervisors of a soil and water 2,779
conservation district have the following powers in addition to 2,780
their other powers: 2,781
(A) To conduct surveys, investigations, and research 2,783
relating to the character of soil erosion, floodwater and 2,784
sediment damages, and the preventive and control measures and 2,785
works of improvement for flood prevention and the conservation, 2,786
development, utilization, and disposal of water needed within the 2,787
district, and to publish the results of those surveys, 2,788
investigations, or research, provided that no district shall 2,789
initiate any research program except in cooperation or after 2,790
consultation with the Ohio agricultural research and development 2,791
center; 2,792
(B) To develop plans for the conservation of soil 2,794
resources, for the control and prevention of soil erosion, and 2,795
for works of improvement for flood prevention and the 2,796
conservation, development, utilization, and disposal of water 2,797
within the district, and to publish those plans and information; 2,798
(C) To implement, construct, repair, maintain, and operate 2,800
preventive and control measures and other works of improvement 2,801
for natural resource conservation and development and flood 2,802
prevention, and the conservation, development, utilization, and 2,803
disposal of water within the district on lands owned or 2,804
controlled by this state or any of its agencies and on any other 2,805
64
lands within the district, which works may include any facilities 2,806
authorized under state or federal programs, and to acquire, by 2,807
purchase or gift, to hold, encumber, or dispose of, and to lease 2,808
real and personal property or interests in such property for 2,809
those purposes; 2,810
(D) To cooperate or enter into agreements with any 2,812
occupier of lands within the district in the carrying on of 2,813
natural resource conservation operations and works of improvement 2,814
for flood prevention and the conservation, development, 2,815
utilization, and management of natural resources within the 2,816
district, subject to such conditions as the supervisors consider 2,817
necessary; 2,818
(E) To accept donations, gifts, grants, and contributions 2,820
in money, service, materials, or otherwise, and to use or expend 2,821
them according to their terms; 2,822
(F) To adopt, amend, and rescind rules to carry into 2,824
effect the purposes and powers of the district; 2,825
(G) To sue and plead in the name of the district, and be 2,827
sued and impleaded in the name of the district, with respect to 2,828
its contracts and, as indicated in section 1515.081 of the 2,829
Revised Code, certain torts of its officers, employees, or agents 2,830
acting within the scope of their employment or official 2,831
responsibilities, or with respect to the enforcement of its 2,832
obligations and covenants made under this chapter; 2,833
(H) To make and enter into all contracts, leases, and 2,835
agreements and execute all instruments necessary or incidental to 2,836
the performance of the duties and the execution of the powers of 2,837
the district under this chapter, provided that all of the 2,838
following apply: 2,839
(1) Except as provided in section 307.86 of the Revised 2,841
Code regarding expenditures by boards of county commissioners, 2,842
when the cost under any such contract, lease, or agreement, other 2,844
than compensation for personal services or rental of office 2,845
space, involves an expenditure of more than the amount
65
established in that section regarding expenditures by boards of 2,847
county commissioners, the supervisors shall make a written
contract with the lowest and best bidder after advertisement, for 2,849
not less than two nor more than four consecutive weeks preceding 2,850
the day of the opening of bids, in a newspaper of general 2,851
circulation within the district and in such other publications as 2,852
the supervisors determine. The notice shall state the general 2,853
character of the work and materials to be furnished, the place 2,854
where plans and specifications may be examined, and the time and 2,855
place of receiving bids. 2,856
(2) Each bid for a contract shall contain the full name of 2,858
every person interested in it;. 2,859
(3) Each bid for a contract for the construction, 2,861
demolition, alteration, repair, or reconstruction of an 2,862
improvement shall meet the requirements of section 153.54 of the 2,863
Revised Code;. 2,864
(4) Each bid for a contract, other than a contract for the 2,866
construction, demolition, alteration, repair, or reconstruction 2,867
of an improvement, at the discretion of the supervisors, may be 2,868
accompanied by a bond or certified check on a solvent bank in an 2,869
amount not to exceed five per cent of the bid, conditioned that, 2,870
if the bid is accepted, a contract shall be entered into;. 2,871
(5) The supervisors may reject any and all bids. 2,873
(I) To make agreements with the department of natural 2,875
resources giving it control over lands of the district for the 2,876
purpose of construction of improvements by the department under 2,877
section 1501.011 of the Revised Code; 2,878
(J) To charge, alter, and collect rentals and other 2,880
charges for the use or services of any works of the district; 2,881
(K) To enter, either in person or by designated 2,883
representatives, upon lands, private or public, in the necessary 2,884
discharge of their duties; 2,885
(L) To enter into agreements or contracts with the 2,887
department for the determination, implementation, inspection, and 2,888
66
funding of agricultural pollution abatement and urban sediment 2,889
pollution abatement measures whereby landowners, operators, 2,890
managers, and developers may meet adopted state standards for a 2,891
quality environment, except that failure of a district board of 2,892
supervisors to negotiate an agreement or contract with the 2,893
department shall authorize the division of soil and water 2,894
conservation to implement the required program; 2,895
(M) To conduct demonstrations and provide information to 2,897
the public regarding practices and methods for natural resource 2,898
conservation, development, and utilization; 2,899
(N) Until June 1, 1996, to conduct surveys and 2,901
investigations relating to the incidence of the multiflora rose 2,902
within the district and of the nature and extent of the adverse 2,903
effects of the multiflora rose on agriculture, forestry, 2,904
recreation, and other beneficial land uses; 2,905
(O) Until June 1, 1996, to develop plans for the control 2,907
of the multiflora rose within the district and to publish those 2,908
plans and information related to control of the multiflora rose; 2,909
(P) Until June 1, 1996, to enter into contracts or 2,911
agreements with the chief of the division of soil and water 2,912
conservation to implement and administer a program for control of 2,913
the multiflora rose and to receive and expend funds provided by 2,914
the chief for that purpose; 2,915
(Q) Until June 1, 1996, to enter into cost-sharing 2,917
agreements with landowners for control of the multiflora rose. 2,918
Before entering into any such agreement, the board of supervisors 2,919
shall determine that the landowner's application meets the 2,920
eligibility criteria established under division (E)(6) of section 2,921
1511.02 of the Revised Code. The cost-sharing agreements shall 2,922
contain the contract provisions required by the rules adopted 2,923
under that division and such other provisions as the board of 2,924
supervisors considers appropriate to ensure effective control of 2,925
the multiflora rose. 2,926
(R) To enter into contracts or agreements with the chief 2,928
67
to implement and administer a program for urban sediment 2,929
pollution abatement and to receive and expend moneys provided by 2,930
the chief for that purpose; 2,931
(S) To develop operation and management plans, as defined 2,933
in section 1511.01 of the Revised Code, as necessary; 2,934
(T) To determine whether operation and management plans 2,936
developed under division (A) of section 1511.021 of the Revised 2,937
Code comply with the standards established under division (E)(1) 2,938
of section 1511.02 of the Revised Code and to approve or 2,939
disapprove the plans, based on such compliance. If an operation 2,940
and management plan is disapproved, the board shall provide a 2,941
written explanation to the person who submitted the plan. The 2,942
person may appeal the plan disapproval to the chief, who shall 2,943
afford the person a hearing. Following the hearing, the chief 2,944
shall uphold the plan disapproval or reverse it. If the chief 2,945
reverses the plan disapproval, the plan shall be deemed approved 2,946
under this division. In the event that any person operating or 2,947
owning agricultural land or a concentrated animal feeding 2,948
operation in accordance with an approved operation and management 2,949
plan who, in good faith, is following that plan, causes 2,950
agricultural pollution, the plan shall be revised in a fashion 2,951
necessary to mitigate the agricultural pollution, as determined 2,952
and approved by the board of supervisors of the soil and water 2,953
conservation district. 2,954
(U) With regard to composting conducted in conjunction 2,956
with agricultural operations, to do all of the following: 2,957
(1) Upon request or upon their own initiative, inspect 2,959
composting at any such operation to determine whether the 2,960
composting is being conducted in accordance with section 1511.022 2,961
of the Revised Code; 2,962
(2) If the board determines that composting is not being 2,964
so conducted, request the chief to issue an order under division 2,965
(H)(G) of section 1511.02 of the Revised Code requiring the 2,966
person who is conducting the composting to prepare a composting 2,968
68
plan in accordance with rules adopted under division (E)(10)(c) 2,969
of that section and to operate in accordance with that plan or to 2,970
operate in accordance with a previously prepared plan, as 2,971
applicable;
(3) In accordance with rules adopted under division 2,973
(E)(10)(c) of section 1511.02 of the Revised Code, review and 2,974
approve or disapprove any such composting plan. If a plan is 2,975
disapproved, the board shall provide a written explanation to the 2,976
person who submitted the plan. 2,977
As used in division (U) of this section, "composting" has 2,980
the same meaning as in section 1511.01 of the Revised Code.
(V) To do all acts necessary or proper to carry out the 2,982
powers granted in this chapter. 2,983
The director of natural resources shall make 2,985
recommendations to reduce the adverse environmental effects of 2,986
each project that a soil and water conservation district plans to 2,987
undertake under division (A), (B), (C), or (D) of this section 2,988
and that will be funded in whole or in part by moneys authorized 2,989
under section 1515.16 of the Revised Code and shall disapprove 2,990
any such project that the director finds will adversely affect 2,992
the environment without equal or greater benefit to the public. 2,993
The director's disapproval or recommendations, upon the request 2,994
of the district filed in accordance with rules adopted by the 2,995
Ohio soil and water conservation commission, shall be reviewed by 2,996
the commission, which may confirm the director's decision, modify 2,997
it, or add recommendations to or approve a project the director 2,998
has disapproved. 2,999
Any instrument by which real property is acquired pursuant 3,001
to this section shall identify the agency of the state that has 3,002
the use and benefit of the real property as specified in section 3,003
5301.012 of the Revised Code.
Sec. 3745.04. As used in this section, "any person" means 3,012
any individual, any partnership, corporation, association, or 3,013
other legal entity, or any political subdivision, 3,014
69
instrumentality, or agency of a state, whether or not the 3,015
individual or legal entity is an applicant for or holder of a 3,016
license, permit, or variance from the environmental protection 3,017
agency, and includes any department, agency, or instrumentality 3,018
of the federal government that is an applicant for or holder of a 3,019
license, permit, or variance from the environmental protection 3,020
agency. 3,021
As used in this section, "action" or "act" includes the 3,023
adoption, modification, or repeal of a rule or standard, the 3,024
issuance, modification, or revocation of any lawful order other 3,025
than an emergency order, and the issuance, denial, modification, 3,026
or revocation of a license, permit, lease, variance, or 3,027
certificate, or the approval or disapproval of plans and 3,028
specifications pursuant to law or rules adopted thereunder. 3,029
Any person who was a party to a proceeding before the 3,031
director may participate in an appeal to the environmental review 3,032
appeals commission for an order vacating or modifying the action 3,034
of the director of environmental protection or local board of 3,035
health, or ordering the director or board of health to perform an 3,036
act. The environmental review appeals commission has exclusive 3,037
original jurisdiction over any matter which THAT may, under this 3,038
section, be brought before it. 3,040
The person so appealing to the commission shall be known as 3,043
appellant, and the director and any party to a proceeding
substantially supporting the finding from which the appeal is 3,044
taken shall be known as appellee, except that when an appeal 3,045
involves a license to operate a disposal site or facility, the 3,046
local board of health or the director of environmental 3,047
protection, and any party to a proceeding substantially 3,048
supporting the finding from which the appeal is taken, shall, as 3,049
appropriate, be known as the appellee. Appellant and appellee 3,050
shall be deemed to be parties to the appeal. 3,051
The appeal shall be in writing and shall set forth the 3,053
action complained of and the grounds upon which the appeal is 3,054
70
based. 3,055
The appeal shall be filed with the board COMMISSION within 3,057
thirty days after notice of the action. Notice of the filing of 3,058
the appeal shall be filed with the appellee within three days 3,059
after the appeal is filed with the commission. 3,060
The appeal shall be accompanied by a filing fee of forty 3,062
dollars, which the commission, in its discretion, may waive in 3,064
cases of extreme hardship. 3,065
Within seven days after receipt of the notice of appeal, 3,067
the director or local board of health shall prepare and certify 3,068
to the commission a record of the proceedings out of which the 3,070
appeal arises, including all documents and correspondence, and a 3,071
transcript of all testimony. 3,072
Upon the filing of the appeal, the commission shall fix the 3,075
time and place at which the hearing on the appeal will be held. 3,076
The commission shall give appellant and the appellee at least ten 3,078
days' written notice thereof by certified mail. The commission 3,079
shall hold the hearing within thirty days after the notice of 3,080
appeal is filed. The commission may postpone or continue any 3,081
hearing upon its own motion or upon application of appellant or 3,083
of the appellee.
The filing of an appeal does not automatically suspend or 3,085
stay execution of the action appealed from. Upon application by 3,086
the appellant, the commission may suspend or stay such execution 3,088
pending immediate determination of the appeal without 3,089
interruption by continuances, other than for unavoidable 3,090
circumstances. 3,091
AS USED IN THIS SECTION AND SECTIONS 3745.05 AND 3745.06 OF 3,093
THE REVISED CODE, "DIRECTOR OF ENVIRONMENTAL PROTECTION" AND 3,094
"DIRECTOR" ARE DEEMED TO INCLUDE THE DIRECTOR OF AGRICULTURE AND 3,095
"ENVIRONMENTAL PROTECTION AGENCY" IS DEEMED TO INCLUDE THE
DEPARTMENT OF AGRICULTURE WITH RESPECT TO ACTIONS THAT ARE 3,096
APPEALABLE TO THE COMMISSION UNDER CHAPTER 903. OF THE REVISED 3,097
CODE.
71
Sec. 6111.03. The director of environmental protection may 3,107
do any of the following:
(A) Develop plans and programs for the prevention, 3,109
control, and abatement of new or existing pollution of the waters 3,110
of the state; 3,111
(B) Advise, consult, and cooperate with other agencies of 3,113
the state, the federal government, other states, and interstate 3,114
agencies and with affected groups, political subdivisions, and 3,115
industries in furtherance of the purposes of this chapter. 3,116
Before adopting, amending, or rescinding a standard or rule 3,117
pursuant to division (G) of this section or section 6111.041 or 3,119
6111.042 of the Revised Code, the director shall do all of the
following:
(1) Mail notice to each statewide organization that the 3,121
director determines represents persons who would be affected by 3,122
the proposed standard or rule, amendment thereto, or rescission 3,123
thereof at least thirty-five days before any public hearing 3,124
thereon;
(2) Mail a copy of each proposed standard or rule, 3,126
amendment thereto, or rescission thereof to any person who 3,127
requests a copy, within five days after receipt of the request 3,128
therefor;
(3) Consult with appropriate state and local government 3,130
agencies or their representatives, including statewide 3,131
organizations of local government officials, industrial 3,132
representatives, and other interested persons. 3,133
Although the director is expected to discharge these duties 3,136
diligently, failure to mail any such notice or copy or to so 3,137
consult with any person shall not invalidate any proceeding or 3,138
action of the director. 3,139
(C) Administer grants from the federal government and from 3,141
other sources, public or private, for carrying out any of its 3,142
functions, all such moneys to be deposited in the state treasury 3,143
and kept by the treasurer of state in a separate fund subject to 3,144
72
the lawful orders of the director; 3,145
(D) Administer state grants for the construction of sewage 3,147
and waste collection and treatment works; 3,148
(E) Encourage, participate in, or conduct studies, 3,150
investigations, research, and demonstrations relating to water 3,151
pollution, and the causes, prevention, control, and abatement 3,152
thereof, that are advisable and necessary for the discharge of 3,154
THE DIRECTOR'S duties under this chapter; 3,155
(F) Collect and disseminate information relating to water 3,157
pollution and prevention, control, and abatement thereof; 3,158
(G) Adopt, amend, and rescind rules in accordance with 3,160
Chapter 119. of the Revised Code governing the procedure for 3,161
hearings, the filing of reports, the issuance of permits, the 3,162
issuance of industrial water pollution control certificates, and 3,163
all other matters relating to procedure; 3,164
(H) Issue, modify, or revoke orders to prevent, control, 3,166
or abate water pollution by such means as the following: 3,168
(1) Prohibiting or abating discharges of sewage, 3,170
industrial waste, or other wastes into the waters of the state; 3,171
(2) Requiring the construction of new disposal systems or 3,173
any parts thereof, or the modification, extension, or alteration 3,174
of existing disposal systems or any parts thereof; 3,175
(3) Prohibiting additional connections to or extensions of 3,177
a sewerage system when the connections or extensions would result 3,179
in an increase in the polluting properties of the effluent from 3,180
the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted 3,182
under sections 6111.01 to 6111.05 of the Revised Code or term or 3,186
condition of a permit.
In the making of those orders, wherever compliance with a 3,188
rule adopted under section 6111.042 of the Revised Code is not 3,189
involved, consistent with the Federal Water Pollution Control 3,190
Act, the director shall give consideration to, and base the 3,192
determination on, evidence relating to the technical feasibility 3,193
73
and economic reasonableness of complying with those orders and to 3,194
evidence relating to conditions calculated to result from 3,195
compliance with those orders, and their relation to benefits to 3,196
the people of the state to be derived from such compliance in 3,197
accomplishing the purposes of this chapter. 3,198
(I) Review plans, specifications, or other data relative 3,200
to disposal systems or any part thereof in connection with the 3,201
issuance of orders, permits, and industrial water pollution 3,202
control certificates under this chapter; 3,203
(J)(1) Issue, revoke, modify, or deny sludge management 3,205
permits and permits for the discharge of sewage, industrial 3,209
waste, or other wastes into the waters of the state, and for the 3,210
installation or modification of disposal systems or any parts 3,211
thereof in compliance with all requirements of the Federal Water 3,212
Pollution Control Act and mandatory regulations adopted 3,213
thereunder, including regulations adopted under section 405 of 3,214
the Federal Water Pollution Control Act, and set terms and 3,215
conditions of permits, including schedules of compliance, where 3,216
necessary. The ANY PERSON WHO DISCHARGES, TRANSPORTS, OR HANDLES 3,218
STORM WATER FROM AN ANIMAL FEEDING FACILITY, AS DEFINED IN 3,219
SECTION 903.01 OF THE REVISED CODE, OR MANURE, AS DEFINED IN THAT 3,220
SECTION, IS NOT REQUIRED TO OBTAIN A PERMIT UNDER DIVISION (J)(1) 3,222
OF THIS SECTION FOR THE INSTALLATION OR MODIFICATION OF A 3,223
DISPOSAL SYSTEM INVOLVING MANURE OR STORM WATER OR ANY PARTS OF 3,224
SUCH A SYSTEM ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF 3,225
AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION 3,226
(A)(1) OF SECTION 903.02 OF THE REVISED CODE. IN ADDITION, ANY 3,227
PERSON WHO DISCHARGES, TRANSPORTS, OR HANDLES STORM WATER FROM AN 3,228
ANIMAL FEEDING FACILITY, AS DEFINED IN SECTION 903.01 OF THE 3,229
REVISED CODE, OR MANURE, AS DEFINED IN THAT SECTION, IS NOT 3,230
REQUIRED TO OBTAIN A PERMIT UNDER DIVISION (J)(1) OF THIS SECTION 3,231
FOR THE DISCHARGE OF STORM WATER OR MANURE ON AND AFTER THE DATE 3,232
ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 3,233
APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF 3,235
74
AGRICULTURE UNDER SECTION 903.08 OF THE REVISED CODE. 3,236
ANY PERMIT terms and conditions SET BY THE DIRECTOR shall 3,238
be designed to achieve and maintain full compliance with the 3,240
national effluent limitations, national standards of performance 3,241
for new sources, and national toxic and pretreatment effluent 3,242
standards set under that act, and any other mandatory 3,243
requirements of that act that are imposed by regulation of the 3,244
administrator of the United States environmental protection 3,245
agency. If an applicant for a sludge management permit also 3,246
applies for a related permit for the discharge of sewage, 3,247
industrial waste, or other wastes into the waters of the state,
the director may combine the two permits and issue one permit to 3,248
the applicant.
A sludge management permit is not required for an entity 3,250
that treats or transports sewage sludge or for a sanitary 3,251
landfill when all of the following apply: 3,252
(a) The entity or sanitary landfill does not generate the 3,254
sewage sludge. 3,255
(b) Prior to receipt at the sanitary landfill, the entity 3,257
has ensured that the sewage sludge meets the requirements 3,258
established in rules adopted by the director under section 3,259
3734.02 of the Revised Code concerning disposal of municipal 3,260
solid waste in a sanitary landfill. 3,262
(c) Disposal of the sewage sludge occurs at a sanitary 3,264
landfill that complies with rules adopted by the director under 3,265
section 3734.02 of the Revised Code. 3,266
As used in division (J)(1) of this section, "sanitary 3,268
landfill" means a sanitary landfill facility, as defined in rules 3,269
adopted under section 3734.02 of the Revised Code, that is 3,270
licensed as a solid waste facility under section 3734.05 of the 3,271
Revised Code.
(2) An application for a permit or renewal thereof shall 3,274
be denied if any of the following applies:
(a) The secretary of the army determines in writing that 3,276
75
anchorage or navigation would be substantially impaired thereby; 3,277
(b) The director determines that the proposed discharge or 3,279
source would conflict with an areawide waste treatment management 3,281
plan adopted in accordance with section 208 of the Federal Water 3,282
Pollution Control Act;
(c) The administrator of the United States environmental 3,284
protection agency objects in writing to the issuance or renewal 3,285
of the permit in accordance with section 402 (d) of the Federal 3,286
Water Pollution Control Act; 3,287
(d) The application is for the discharge of any 3,289
radiological, chemical, or biological warfare agent or high-level 3,291
radioactive waste into the waters of the United States. 3,292
(3) To achieve and maintain applicable standards of 3,294
quality for the waters of the state adopted pursuant to section 3,295
6111.041 of the Revised Code, the director shall impose, where 3,296
necessary and appropriate, as conditions of each permit, water 3,297
quality related effluent limitations in accordance with sections 3,298
301, 302, 306, 307, and 405 of the Federal Water Pollution 3,300
Control Act and, to extend THE EXTENT consistent with that act, 3,302
shall give consideration to, and base the determination on, 3,304
evidence relating to the technical feasibility and economic 3,305
reasonableness of removing the polluting properties from those 3,306
wastes and to evidence relating to conditions calculated to 3,307
result from that action and their relation to benefits to the 3,308
people of the state and to accomplishment of the purposes of this 3,309
chapter.
(4) Where a discharge having a thermal component from a 3,311
source that is constructed or modified on or after October 18, 3,312
1972, meets national or state effluent limitations or more 3,313
stringent permit conditions designed to achieve and maintain 3,314
compliance with applicable standards of quality for the waters of 3,315
the state, which limitations or conditions will ensure protection 3,316
and propagation of a balanced, indigenous population of 3,317
shellfish, fish, and wildlife in or on the body of water into 3,318
76
which the discharge is made, taking into account the interaction 3,319
of the thermal component with sewage, industrial waste, or other 3,320
wastes, the director shall not impose any more stringent 3,321
limitation on the thermal component of the discharge, as a 3,322
condition of a permit or renewal thereof for the discharge, 3,323
during a ten-year period beginning on the date of completion of 3,324
the construction or modification of the source, or during the 3,325
period of depreciation or amortization of the source for the 3,326
purpose of section 167 or 169 of the Internal Revenue Code of 3,327
1954, whichever period ends first. 3,328
(5) The director shall specify in permits for the 3,330
discharge of sewage, industrial waste, and other wastes, the net 3,331
volume, net weight, duration, frequency, and, where necessary, 3,332
concentration of the sewage, industrial waste, and other wastes 3,333
that may be discharged into the waters of the state. The 3,334
director shall specify in those permits and in sludge management 3,335
permits that the permit is conditioned upon payment of applicable 3,337
fees as required by section 3745.11 of the Revised Code and upon 3,338
the right of the director's authorized representatives to enter 3,339
upon the premises of the person to whom the permit has been 3,340
issued for the purpose of determining compliance with this
chapter, rules adopted thereunder, or the terms and conditions of 3,341
a permit, order, or other determination. The director shall 3,342
issue or deny an application for a sludge management permit or a 3,343
permit for a new discharge, for the installation or modification 3,345
of a disposal system, or for the renewal of a permit, within one 3,346
hundred eighty days of the date on which a complete application 3,347
with all plans, specifications, construction schedules, and other 3,348
pertinent information required by the director is received. 3,349
(6) The director may condition permits upon the 3,353
installation of discharge or water quality monitoring equipment 3,354
or devices and the filing of periodic reports on the amounts and 3,355
contents of discharges and the quality of receiving waters that 3,356
the director prescribes. The director shall condition each 3,358
77
permit for a government-owned disposal system or any other 3,359
"treatment works" as defined in the Federal Water Pollution 3,360
Control Act upon the reporting of new introductions of industrial 3,361
waste or other wastes and substantial changes in volume or 3,362
character thereof being introduced into those systems or works 3,363
from "industrial users" as defined in section 502 of that act, as 3,364
necessary to comply with section 402(b)(8) of that act; upon the 3,365
identification of the character and volume of pollutants subject 3,366
to pretreatment standards being introduced into the system or 3,367
works; and upon the existence of a program to ensure compliance 3,368
with pretreatment standards by "industrial users" of the system 3,369
or works. In requiring monitoring devices and reports, the 3,370
director, to the extent consistent with the Federal Water 3,371
Pollution Control Act, shall give consideration to technical 3,373
feasibility and economic reasonableness and shall allow 3,374
reasonable time for compliance.
(7) A permit may be issued for a period not to exceed five 3,376
years and may be renewed upon application for renewal and upon a 3,378
finding by the director that the permit holder is making 3,379
satisfactory progress toward the achievement of all applicable 3,380
standards and has complied with the terms and conditions of the 3,381
existing permit. A permit may be modified, suspended, or revoked 3,382
for cause, including, but not limited to, violation of any 3,383
condition of the permit, obtaining a permit by misrepresentation 3,384
or failure to disclose fully all relevant facts of the permitted 3,385
discharge or of the sludge use, storage, treatment, or disposal 3,387
practice, or changes in any condition that requires either a 3,388
temporary or permanent reduction or elimination of the permitted 3,389
activity. No application shall be denied or permit revoked or 3,391
modified without a written order stating the findings upon which 3,392
the denial, revocation, or modification is based. A copy of the 3,393
order shall be sent to the applicant or permit holder by 3,394
certified mail.
(K) Institute or cause to be instituted in any court of 3,396
78
competent jurisdiction proceedings to compel compliance with this 3,398
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307, 308, 3,400
and 405 of the Federal Water Pollution Control Act; 3,402
(L) Issue, deny, revoke, or modify industrial water 3,404
pollution control certificates; 3,405
(M) Certify to the government of the United States or any 3,407
agency thereof that an industrial water pollution control 3,408
facility is in conformity with the state program or requirements 3,409
for the control of water pollution whenever the certification may 3,410
be required for a taxpayer under the Internal Revenue Code of the 3,411
United States, as amended; 3,412
(N) Issue, modify, and revoke orders requiring any 3,414
"industrial user" of any publicly owned "treatment works" as 3,415
defined in sections 212(2) and 508 502(18) of the Federal Water 3,417
Pollution Control Act to comply with pretreatment standards; 3,418
establish and maintain records; make reports; install, use, and 3,419
maintain monitoring equipment or methods, including, where 3,420
appropriate, biological monitoring methods; sample discharges in 3,421
accordance with methods, at locations, at intervals, and in a 3,423
manner that the director determines; and provide other 3,425
information that is necessary to ascertain whether or not there 3,427
is compliance with toxic and pretreatment effluent standards. In 3,428
issuing, modifying, and revoking those orders, the director, to 3,429
the extent consistent with the Federal Water Pollution Control 3,430
Act, shall give consideration to technical feasibility and 3,431
economic reasonableness and shall allow reasonable time for 3,432
compliance.
(O) Exercise all incidental powers necessary to carry out 3,434
the purposes of this chapter; 3,435
(P) Certify or deny certification to any applicant for a 3,437
federal license or permit to conduct any activity that may result 3,439
in any discharge into the waters of the state that the discharge 3,440
will comply with the Federal Water Pollution Control Act; 3,441
79
(Q) Administer and enforce the publicly owned treatment 3,443
works pretreatment program in accordance with the Federal Water 3,444
Pollution Control Act. In the administration of that program, 3,445
the director may do any of the following: 3,447
(1) Apply and enforce pretreatment standards; 3,449
(2) Approve and deny requests for approval of publicly 3,451
owned treatment works pretreatment programs, oversee those 3,452
programs, and implement, in whole or in part, those programs 3,453
under any of the following conditions: 3,454
(a) The director has denied a request for approval of the 3,456
publicly owned treatment works pretreatment program; 3,457
(b) The director has revoked the publicly owned treatment 3,459
works pretreatment program; 3,460
(c) There is no pretreatment program currently being 3,462
implemented by the publicly owned treatment works; 3,463
(d) The publicly owned treatment works has requested the 3,465
director to implement, in whole or in part, the pretreatment 3,466
program. 3,467
(3) Require that a publicly owned treatment works 3,469
pretreatment program be incorporated in a permit issued to a 3,470
publicly owned treatment works as required by the Federal Water 3,471
Pollution Control Act, require compliance by publicly owned 3,472
treatment works with those programs, and require compliance by 3,473
industrial users with pretreatment standards; 3,474
(4) Approve and deny requests for authority to modify 3,476
categorical pretreatment standards to reflect removal of 3,477
pollutants achieved by publicly owned treatment works; 3,478
(5) Deny and recommend approval of requests for 3,480
fundamentally different factors variances submitted by industrial 3,481
users; 3,482
(6) Make determinations on categorization of industrial 3,484
users; 3,485
(7) Adopt, amend, or rescind rules and issue, modify, or 3,487
revoke orders necessary for the administration and enforcement of 3,488
80
the publicly owned treatment works pretreatment program. 3,489
Any approval of a publicly owned treatment works 3,491
pretreatment program may contain any terms and conditions, 3,492
including schedules of compliance, that are necessary to achieve 3,493
compliance with this chapter. 3,494
(R) Except as otherwise provided in this division, adopt 3,497
rules in accordance with Chapter 119. of the Revised Code 3,499
establishing procedures, methods, and equipment and other 3,500
requirements for equipment to prevent and contain discharges of 3,501
oil and hazardous substances into the waters of the state. The 3,502
rules shall be consistent with and equivalent in scope, content, 3,503
and coverage to section 311(j)(1)(c) of the Federal Water 3,504
Pollution Control Act and regulations adopted under it. The 3,505
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling 3,506
and workover facilities as those terms are defined in that act 3,507
and regulations adopted under it. 3,508
(S)(1) Administer and enforce a program for the regulation 3,511
of sludge management in this state. In administering the 3,514
program, the director, in addition to exercising the authority 3,515
provided in any other applicable sections of this chapter, may do 3,516
any of the following:
(a) Develop plans and programs for the disposal and 3,518
utilization of sludge and sludge materials; 3,519
(b) Encourage, participate in, or conduct studies, 3,521
investigations, research, and demonstrations relating to the 3,522
disposal and use of sludge and sludge materials and the impact of 3,524
sludge and sludge materials on land located in the state and on
the air and waters of the state; 3,525
(c) Collect and disseminate information relating to the 3,527
disposal and use of sludge and sludge materials and the impact of 3,529
sludge and sludge materials on land located in the state and on
the air and waters of the state; 3,530
(d) Issue, modify, or revoke orders to prevent, control, 3,532
81
or abate the use and disposal of sludge and sludge materials or 3,533
the effects of the use of sludge and sludge materials on land 3,534
located in the state and on the air and waters of the state; 3,536
(e) Adopt and enforce, modify, or rescind rules necessary 3,538
for the implementation of division (S) of this section. The 3,539
rules reasonably shall protect public health and the environment, 3,540
encourage the beneficial reuse of sludge and sludge materials, 3,541
and minimize the creation of nuisance odors. 3,542
The director may specify in sludge management permits the 3,545
net volume, net weight, quality, and pollutant concentration of 3,547
the sludge or sludge materials that may be used, stored, treated, 3,548
or disposed of, and the manner and frequency of the use, storage, 3,550
treatment, or disposal, to protect public health and the
environment from adverse effects relating to those activities. 3,551
The director shall impose other terms and conditions to protect 3,552
public health and the environment, minimize the creation of 3,553
nuisance odors, and achieve compliance with this chapter and 3,554
rules adopted under it and, in doing so, shall consider whether 3,555
the terms and conditions are consistent with the goal of 3,556
encouraging the beneficial reuse of sludge and sludge materials. 3,557
The director may condition permits on the implementation of 3,560
treatment, storage, disposal, distribution, or application
management methods and the filing of periodic reports on the 3,561
amounts, composition, and quality of sludge and sludge materials 3,562
that are disposed of, used, treated, or stored. 3,563
An approval of a treatment works sludge disposal program 3,565
may contain any terms and conditions, including schedules of 3,566
compliance, necessary to achieve compliance with this chapter and 3,568
rules adopted under it.
(2) As a part of the program established under division 3,570
(S)(1) of this section, the director has exclusive authority to 3,571
regulate sewage sludge management in this state. For purposes of 3,572
division (S)(2) of this section, that program shall be consistent 3,573
with section 405 of the Federal Water Pollution Control Act and 3,575
82
regulations adopted under it and with this section, except that 3,576
the director may adopt rules under division (S) of this section
that establish requirements that are more stringent than section 3,577
405 of the Federal Water Pollution Control Act and regulations 3,579
adopted under it with regard to monitoring sewage sludge and 3,580
sewage sludge materials and establishing acceptable sewage sludge
management practices and pollutant levels in sewage sludge and 3,581
sewage sludge materials. 3,582
This chapter authorizes the state to participate in any 3,584
national sludge management program and the national pollutant 3,585
discharge elimination system, to administer and enforce the 3,588
publicly owned treatment works pretreatment program, and to issue 3,589
permits for the discharge of dredged or fill materials, in 3,590
accordance with the Federal Water Pollution Control Act. This 3,591
chapter shall be administered, consistent with the laws of this 3,592
state and federal law, in the same manner that the Federal Water 3,593
Pollution Control Act is required to be administered. 3,594
This section does not apply to animal waste treatment or 3,596
disposal works SYSTEMS and related management and conservation 3,597
practices subject to rules adopted pursuant to division (E)(4) of 3,599
section 1511.02 of the Revised Code and involving less than one 3,600
thousand animal units, as "animal units" is defined in the United 3,601
States environmental protection agency regulations. This 3,604
exclusion does not apply to animal waste treatment works having a 3,605
controlled direct discharge to the waters of the state or. 3,606
HOWEVER, UNTIL THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL 3,608
PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE 3,610
DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF THE REVISED CODE, 3,611
THIS EXCLUSION DOES NOT APPLY TO ANIMAL WASTE TREATMENT WORKS 3,613
HAVING A CONTROLLED DIRECT DISCHARGE TO THE WATERS OF THE STATE. 3,614
ON and AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL 3,615
PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE 3,617
DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF THE REVISED CODE, 3,618
THIS SECTION DOES NOT APPLY TO STORM WATER FROM AN ANIMAL FEEDING 3,621
83
FACILITY, AS DEFINED IN SECTION 903.01 OF THE REVISED CODE, OR TO 3,622
MANURE, AS DEFINED IN THAT SECTION. NEITHER OF THESE EXCLUSIONS 3,623
APPLIES to the discharge of animal waste into a publicly owned 3,625
treatment works.
Sec. 6111.035. (A) The director of environmental 3,634
protection, consistent with the "Federal Water Pollution Control 3,635
Act" and the regulations adopted thereunder, without application 3,636
therefor, may issue, modify, revoke, or terminate a general 3,637
permit under this chapter for both of the following: 3,638
(1) Discharge of stormwater; the discharge of liquids, 3,640
sediments, solids, or water-borne mining related waste, such as, 3,641
but not limited to, acids, metallic cations, or their salts, from 3,642
coal mining and reclamation operations as defined in section 3,643
1513.01 of the Revised Code; or treatment works whose discharge 3,644
would have de minimis impact on the waters of the state receiving 3,645
the discharge; 3,646
(2) Installation or modification of disposal systems or 3,648
any parts thereof, including disposal systems for stormwater or 3,649
for coal mining and reclamation operations as defined in section 3,650
1513.01 of the Revised Code. 3,651
A general permit shall apply to a class or category of 3,653
discharges or disposal systems or to persons conducting similar 3,654
activities, within any area of the state, including the entire 3,655
state. 3,656
A general permit shall not be issued unless the director 3,658
determines that the discharges authorized by the permit will have 3,659
only minimal cumulative adverse effects on the environment when 3,660
the discharges are considered collectively and individually and 3,661
if, in the opinion of the director, the discharges, 3,662
installations, or modifications authorized by the permit are more 3,663
appropriately authorized by a general permit than by an 3,664
individual permit. 3,665
A general permit shall be issued subject to applicable 3,667
mandatory provisions and may be issued subject to any applicable 3,668
84
permissive provision of the Federal Water Pollution Control Act 3,669
and the regulations adopted thereunder. 3,670
The director, at his THE DIRECTOR'S discretion, may require 3,672
any person authorized to discharge or to install or modify a 3,674
disposal system under a general permit to apply for and obtain an 3,675
individual permit for the discharge, installation, or 3,676
modification. When a particular discharge, installation, or 3,677
modification is subject to an individual permit, a general permit 3,678
shall not apply to that discharge, installation, or modification 3,679
until the individual permit is revoked, terminated, or modified 3,680
to exclude the discharge, installation, or modification. 3,681
(B) Notwithstanding any requirement under Chapter 119. of 3,683
the Revised Code concerning the manner in which notice of a 3,684
permit action is provided, the director shall not be required to 3,685
provide certified mail notice to persons subject to the issuance, 3,686
modification, revocation, or termination of a general permit 3,687
under division (A) of this section. 3,688
Notwithstanding section 3745.07 of the Revised Code 3,690
concerning the location of newspapers in which notice NOTICES of 3,691
permit actions are published, the director shall cause notice of 3,693
the issuance, modification, revocation, or termination of a 3,694
general permit to be published in the newspapers of general 3,695
circulation determined by the director to provide reasonable 3,696
notice to persons affected by the permit action in the geographic 3,697
area covered by the general permit within the time periods 3,698
prescribed by section 3745.07 of the Revised Code. Any notice 3,699
under this section or section 3745.07 of the Revised Code 3,700
concerning the issuance, modification, revocation, or termination 3,701
of a general permit shall include the full text of the permit 3,702
action. The director may take other appropriate measures, such 3,703
as press releases and notice to trade journals, associations, and 3,704
other persons known to the director to desire notification, in 3,705
order to provide notice of his THE DIRECTOR'S actions concerning 3,706
the issuance, modification, revocation, or termination of a 3,708
85
general permit; however, the failure to provide such notice shall 3,709
not invalidate any general permit. 3,710
(C) Notwithstanding any other provision of the Revised 3,712
Code, a person subject to the proposed issuance, modification, 3,713
revocation, or termination of a general permit under division (A) 3,714
of this section may request an adjudication hearing pursuant to 3,715
section 119.07 of the Revised Code concerning the proposed action 3,716
within thirty days after publication of the notice of the 3,717
proposed action in newspapers of general circulation pursuant to 3,718
division (B) of this section. This division shall not be 3,719
interpreted to affect the authority of the director to take 3,720
actions on general permits in forms other than proposed general 3,721
permits. 3,722
(D) The director may exercise all incidental powers 3,724
required to carry out this section, including, without 3,725
limitation, the adoption, amendment, and rescission of rules to 3,726
implement a general permit program for classes or categories of 3,727
dischargers or disposal systems. 3,728
(E) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 3,730
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 3,732
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF 3,733
THE REVISED CODE, THIS SECTION DOES NOT APPLY TO STORM WATER FROM 3,734
AN ANIMAL FEEDING FACILITY, AS DEFINED IN SECTION 903.01 OF THE 3,736
REVISED CODE, OR TO MANURE, AS DEFINED IN THAT SECTION. 3,738
(F) As used in this section, "Federal Water Pollution 3,740
Control Act" means the "Federal Water Pollution Control Act 3,741
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended 3,742
by the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 3,743
1251, the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 3,744
1254, the "Municipal Wastewater Treatment Construction Grant 3,745
Amendments of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the 3,746
"Water Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251. 3,747
Sec. 6111.04. (A) Both of the following apply except as 3,761
otherwise provided in division (A) or (F) of this section: 3,762
86
(1) No person shall cause pollution or place or cause to 3,765
be placed any sewage, sludge, sludge materials, industrial waste, 3,766
or other wastes in a location where they cause pollution of any 3,767
waters of the state. 3,768
(2) Such an action prohibited under division (A)(1) of 3,770
this section is hereby declared to be a public nuisance. 3,772
Divisions (A)(1) and (2) of this section do not apply if 3,774
the person causing pollution or placing or causing to be placed 3,775
wastes in a location in which they cause pollution of any waters 3,776
of the state holds a valid, unexpired permit, or renewal of a 3,778
permit, governing the causing or placement as provided in 3,779
sections 6111.01 to 6111.08 of the Revised Code or if the 3,780
person's application for renewal of such a permit is pending. 3,781
(B) If the director administers a sludge management 3,783
program pursuant to division (S) of section 6111.03 of the 3,784
Revised Code, both of the following apply except as otherwise 3,785
provided in division (B) or (F) of this section: 3,787
(1) No person, in the course of sludge management, shall 3,789
place on land located in the state or release into the air of the 3,790
state any sludge or sludge materials. 3,791
(2) An action prohibited under division (B)(1) of this 3,793
section is hereby declared to be a public nuisance. 3,794
Divisions (B)(1) and (2) of this section do not apply if 3,796
the person placing or releasing the sludge or sludge materials 3,798
holds a valid, unexpired permit, or renewal of a permit, 3,799
governing the placement or release as provided in sections 3,800
6111.01 to 6111.08 of the Revised Code or if the person's
application for renewal of such a permit is pending. 3,801
(C) No person to whom a permit has been issued shall place 3,803
or discharge, or cause to be placed or discharged, in any waters 3,804
of the state any sewage, sludge, sludge materials, industrial 3,805
waste, or other wastes in excess of the permissive discharges 3,806
specified under the an existing permit without first receiving a 3,807
permit from the director to do so. 3,809
87
the therefor 3,811
(D) No person to whom a sludge management permit has been 3,813
issued shall place on the land or release into the air of the 3,814
state any sludge or sludge materials in excess of the permissive 3,815
amounts specified under the existing sludge management permit 3,816
without first receiving a modification of the existing sludge 3,817
management permit or a new sludge management permit to do so from 3,818
the director. 3,819
(E) The director may require the submission of plans, 3,821
specifications, and other information that the director considers 3,823
relevant in connection with the issuance of permits.
(F) This section does not apply to any of the following: 3,825
(1) Waters used in washing sand, gravel, other aggregates, 3,827
or mineral products when the washing and the ultimate disposal of 3,830
the water used in the washing, including any sewage, industrial 3,831
waste, or other wastes contained in the waters, are entirely 3,833
confined to the land under the control of the person engaged in 3,834
the recovery and processing of the sand, gravel, other 3,835
aggregates, or mineral products and do not result in the
pollution of waters of the state; 3,836
(2) Water, gas, or other material injected into a well to 3,838
facilitate, or that is incidental to, the production of oil, gas, 3,841
artificial brine, or water derived in association with oil or gas 3,842
production and disposed of in a well, in compliance with a permit 3,843
issued under Chapter 1509. of the Revised Code, or sewage,
industrial waste, or other wastes injected into a well in 3,844
compliance with an injection well operating permit. Division 3,845
(F)(2) of this section does not authorize, without a permit, any 3,847
discharge that is prohibited by, or for which a permit is 3,848
required by, regulation of the United States environmental 3,849
protection agency.
(3) Application of any materials to land for agricultural 3,851
purposes or runoff of those the materials from that application 3,853
or pollution by animal waste or soil sediment, including attached 3,854
88
substances, resulting from farming, silvicultural, or earthmoving 3,855
activities regulated by Chapter 307. or 1515. of the Revised 3,857
Code. Division (F)(3) of this section does not authorize, 3,858
without a permit, any discharge from a treatment works for 3,859
treating animal wastes having a controlled direct discharge into 3,860
the waters of the state or any discharge that is prohibited by, 3,861
or for which a permit is required by, regulation of the United 3,862
States environmental protection agency.; 3,863
(4) The excrement of domestic and farm animals defecated 3,865
on land or runoff therefrom into any waters of the state. 3,866
Division (F)(4) of this section does not authorize, without a 3,868
permit, any discharge that is prohibited by, or for which a 3,869
permit is required by, regulation of the United States 3,870
environmental protection agency.;
(5) ON AND AFTER THE DATE ON WHICH THE UNITED STATES 3,872
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM 3,873
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF 3,874
THE REVISED CODE, STORM WATER FROM AN ANIMAL FEEDING FACILITY, AS 3,876
DEFINED IN SECTION 903.01 OF THE REVISED CODE, OR MANURE, AS
DEFINED IN THAT SECTION; 3,877
(6) The discharge of sewage, industrial waste, or other 3,879
wastes into a sewerage system tributary to a treatment works. 3,880
Division (F)(5) of this section does not authorize any discharge 3,882
into a publicly owned treatment works in violation of a 3,883
pretreatment program applicable to the publicly owned treatment 3,884
works.
(6)(7) Septic tanks or any other disposal systems for the 3,886
disposal or treatment of sewage from single-family, two-family, 3,887
or three-family dwellings in compliance with the sanitary code 3,888
and section 3707.01 of the Revised Code. Division (F)(6) of this 3,890
section does not authorize, without a permit, any discharge that 3,891
is prohibited by, or for which a permit is required by, 3,892
regulation of the United States environmental protection agency. 3,893
(7)(8) Exceptional quality sludge generated outside of 3,895
89
this state and contained in bags or other containers not greater 3,897
than one hundred pounds in capacity. As used in division (F)(7) 3,898
of this section, "exceptional quality sludge" has the same 3,899
meaning as in division (Y) of section 3745.11 of the Revised 3,900
Code.
(G) The holder of a permit issued under section 402 (a) of 3,902
the Federal Water Pollution Control Act need not obtain a permit 3,903
for a discharge authorized by the permit until its expiration 3,905
date. The director shall administer and enforce those permits 3,907
within this state and may modify their terms and conditions in 3,909
accordance with division (J) of section 6111.03 of the Revised 3,910
Code.
Sec. 6111.44. (A) Except as otherwise provided in 3,919
DIVISION (B) OF THIS SECTION, IN section 6111.14 of the Revised 3,921
Code, or in rules adopted under division (G) of section 6111.03 3,922
of the Revised Code, no municipal corporation, county, public 3,923
institution, corporation, or officer or employee thereof or other 3,924
person shall provide or install sewerage or treatment works for 3,925
sewage, sludge, or sludge materials disposal or treatment or make 3,926
a change in any sewerage or treatment works until the plans 3,927
therefor have been submitted to and approved by the director of 3,928
environmental protection. Sections 6111.44 to 6111.46 of the 3,929
Revised Code apply to sewerage and treatment works of a municipal 3,931
corporation or part thereof, an unincorporated community, a 3,932
county sewer district, or other land outside of a municipal 3,933
corporation or any publicly or privately owned building or group 3,934
of buildings or place, used for the assemblage, entertainment, 3,935
recreation, education, correction, hospitalization, housing, or 3,936
employment of persons, but do not apply to sewerage or treatment 3,937
works installed or to be installed for the use of a private 3,938
residence or dwelling, or to animal waste treatment or disposal 3,939
works and related management and conservation practices that are 3,940
subject to rules adopted pursuant to division (E)(4) of section 3,941
1511.02 of the Revised Code and involving less than one thousand 3,942
90
animal units as animal units are defined in the United States 3,943
environmental protection agency regulations. This exclusion does 3,944
not apply to animal waste treatment works having a controlled 3,945
direct discharge to waters of the state. 3,946
In granting an approval, the director may stipulate 3,948
modifications, conditions, and rules that the public health and 3,950
prevention of pollution may require. Any action taken by the 3,951
director shall be a matter of public record and shall be entered 3,952
in the director's journal. Each period of thirty days that a 3,954
violation of this section continues, after a conviction for the 3,955
violation, constitutes a separate offense. 3,956
(B) SECTIONS 6111.45 AND 6111.46 OF THE REVISED CODE AND 3,960
DIVISION (A) OF THIS SECTION DO NOT APPLY TO ANY OF THE 3,962
FOLLOWING:
(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR TO 3,965
BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR DWELLING; 3,966
(2) ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF 3,968
AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION 3,969
(A)(1) OF SECTION 903.02 OF THE REVISED CODE, SEWERAGE SYSTEMS, 3,970
TREATMENT WORKS, OR DISPOSAL SYSTEMS FOR STORM WATER FROM AN 3,972
ANIMAL FEEDING FACILITY OR MANURE, AS "ANIMAL FEEDING FACILITY" 3,973
AND "MANURE" ARE DEFINED IN SECTION 903.01 OF THE REVISED CODE; 3,974
(3) ANIMAL WASTE TREATMENT OR DISPOSAL WORKS AND RELATED 3,976
MANAGEMENT AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES 3,977
ADOPTED UNDER DIVISION (E)(2) OF SECTION 1511.02 OF THE REVISED 3,980
CODE AND INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS, AS
"ANIMAL UNIT" IS DEFINED IN THE UNITED STATES ENVIRONMENTAL 3,981
PROTECTION AGENCY REGULATIONS. 3,983
THE EXCLUSIONS ESTABLISHED IN DIVISIONS (B)(2) AND (3) OF 3,985
THIS SECTION DO NOT APPLY TO ANIMAL WASTE TREATMENT OR DISPOSAL 3,986
WORKS HAVING A CONTROLLED DIRECT DISCHARGE TO THE WATERS OF THE 3,987
STATE UNTIL THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE 3,988
FINALIZES THE PROGRAM REQUIRED UNDER SECTION 903.02 OF THE 3,989
REVISED CODE. THE EXCLUSIONS ESTABLISHED IN DIVISIONS (B)(2) AND 3,991
91
(3) OF THIS SECTION ALSO DO NOT APPLY TO THE CONSTRUCTION OR 3,992
INSTALLATION OF DISPOSAL SYSTEMS, AS DEFINED IN SECTION 6111.01 3,993
OF THE REVISED CODE, THAT ARE LOCATED AT AN ANIMAL FEEDING 3,995
FACILITY AND THAT STORE, TREAT, OR DISCHARGE WASTEWATERS THAT DO 3,996
NOT INCLUDE STORM WATER OR MANURE OR THAT DISCHARGE TO A PUBLICLY 3,997
OWNED TREATMENT WORKS.
Sec. 6111.45. No municipal corporation, county, public 4,006
institution, corporation, or officer or employee thereof or other 4,008
person shall establish as proprietor, agent, employee, lessee, or 4,009
tenant, any garbage disposal plant, shop, factory, mill, 4,010
industrial establishment, process, trade, or business in the 4,011
operation of which an industrial waste is produced, or make a
change in or enlargement of a garbage disposal plant, shop, 4,012
factory, mill, industrial establishment, process, trade, or 4,013
business whereby an industrial waste is produced or materially 4,014
increased or changed in character, or install works for the 4,015
treatment or disposal of any such waste until the plans for the 4,016
disposal of the waste have been submitted to and approved by the 4,018
director of environmental protection. As used in sections 4,019
6111.44 to 6111.46 of the Revised Code, "industrial waste" means 4,020
sludge or sludge materials or a water-carried or liquid waste 4,022
resulting from any process of industry, manufacture, trade, or 4,024
business or development of any natural resource, BUT DOES NOT 4,025
INCLUDE STORM WATER FROM ANY ANIMAL FEEDING FACILITY, AS DEFINED 4,027
IN SECTION 903.01 OF THE REVISED CODE, OR MANURE, AS DEFINED IN
THAT SECTION. In granting an approval, the agency may stipulate 4,029
modifications, conditions, and rules that the public health and 4,031
welfare may require. Any action taken by the director shall be a 4,032
matter of public record and shall be entered in the director's 4,033
journal. Each period of thirty days that a violation of this 4,035
section continues, after a conviction of the violation, 4,036
constitutes a separate offense. 4,037
Section 2. That existing sections 1511.02, 1511.021, 4,039
1511.022, 1511.07, 1511.071, 1515.08, 3745.04, 6111.03, 6111.035, 4,040
92
6111.04, 6111.44 and 6111.45 of the Revised Code are hereby 4,042
repealed.
Section 3. All items in this section are hereby 4,044
appropriated as designated out of any moneys in the state 4,045
treasury to the credit of the General Revenue Fund and the State 4,046
Special Revenue Fund Group. For all appropriations made in this 4,047
act, those in the first column are for fiscal year 2000 and those 4,049
in the second column are for fiscal year 2001. The
appropriations made in this act are in addition to any other 4,050
appropriations made for the 1999-2001 biennium. 4,051
AGR DEPARTMENT OF AGRICULTURE 4,053
General Revenue Fund 4,055
GRF 700-414 Concentrated Animal 4,058
Feeding Facility
Advisory Committee $ 0 $ 25,000 4,060
GRF 700-418 Livestock Regulation 4,062
Program $ 0 $ 1,700,000 4,064
TOTAL GRF General Revenue Fund $ 0 $ 1,725,000 4,067
State Special Revenue Fund Group 4,068
5L8 700-604 Livestock Management 4,070
Fund $ 0 $ 250,000 4,072
TOTAL SSR State Special Revenue 4,073
Fund Group $ 0 $ 250,000 4,076
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,975,000 4,079
Within the limits set forth in this act, the Director of 4,082
Budget and Management shall establish accounts indicating the 4,083
source and amount of funds for each appropriation made in this 4,084
act and shall determine the form and manner in which 4,085
appropriation accounts shall be maintained. Expenditures from 4,086
appropriations contained in this act shall be accounted for as 4,087
though made in Am. Sub. H.B. 283 of the 123rd General Assembly. 4,088
The appropriations made in this act are subject to all 4,090
provisions of Am. Sub. H.B. 283 of the 123rd General Assembly 4,092
that are generally applicable to such appropriations. 4,093
93
Section 4. (A) As used in this section, "concentrated 4,095
animal feeding operations," "animal feeding facilities," and 4,096
"manure" have the same meanings as in section 903.01 of the 4,097
Revised Code, as enacted by this act. 4,098
(B) On the date on which the Director of Agriculture has 4,100
finalized the program required under division (A)(1) of section 4,102
903.02 of the Revised Code, as enacted by this act, the Director 4,104
of Environmental Protection shall provide the Director of 4,105
Agriculture with both of the following: 4,106
(1) Copies of all permits issued under division (J)(1) of 4,109
section 6111.03 of the Revised Code for the installation of 4,110
disposal systems for concentrated animal feeding operations, 4,111
animal feeding facilities, or manure that were issued on or 4,114
before that date together with any related information that the 4,115
Director of Agriculture requests; 4,116
(2) All permit applications and accompanying information 4,118
that were submitted under division (J)(1) of section 6111.03 of 4,119
the Revised Code prior to the date specified in division (B) of 4,120
this section for the installation of disposal systems identified 4,121
in that division.
(C) On the date on which the United States Environmental 4,123
Protection Agency approves the NPDES program submitted by the 4,124
Director of Agriculture under section 903.08 of the Revised Code, 4,125
as enacted by this act, the Director of Environmental Protection 4,126
shall provide the Director of Agriculture with both of the 4,127
following: 4,128
(1) Copies of all permits issued under division (J)(1) of 4,130
section 6111.03 of the Revised Code for the discharge of manure 4,132
and the discharge of storm water from concentrated animal feeding 4,133
operations or animal feeding facilities that were issued on or 4,134
before that date together with any related information that the 4,135
Director of Agriculture requests;
(2) All permit applications and accompanying information 4,137
that were submitted under division (J)(1) of section 6111.03 of 4,138
94
the Revised Code prior to the date specified in division (C) of 4,139
this section for the activities identified in that division. 4,140
Section 5. The codified and uncodified sections of law 4,142
contained in this act are subject to the referendum. Therefore, 4,144
under Ohio Constitution, Article II, Section 1c and section 1.471 4,145
of the Revised Code, the codified and uncodified sections of law 4,146
contained in this act take effect on the ninety-first day after 4,147
this act is filed with the Secretary of State. If, however, a 4,148
referendum petition is filed against the sections, the sections, 4,149
unless rejected at the referendum, take effect at the earliest
time permitted by law. 4,150
Section 6. The amendments of this act to divisions (F)(3) 4,154
and (4) of section 6111.04 of the Revised Code are not operative 4,155
until the date on which the United States Environmental 4,156
Protection Agency approves the NPDES program submitted by the 4,157
Director of Agriculture under section 903.08 of the Revised Code 4,158
as enacted by this act. Until that time, the Director of 4,159
Environmental Protection shall continue to administer that 4,160
section as it existed immediately prior to the effective date of 4,161
this act. The exclusions established in divisions (B)(2) and (3) 4,162
of section 6111.44 of the Revised Code, as amended by this act, 4,163
shall not apply to animal waste treatment or disposal works
having a controlled direct discharge to the waters of the state 4,164
until the date on which the Director of Agriculture finalizes the 4,165
program required under section 903.02 of the Revised Code as 4,166
enacted by this act. The exclusions established in divisions 4,167
(B)(2) and (3) of section 6111.44 of the Revised Code, as amended 4,168
by this act, also do not apply to the construction or 4,169
installation of disposal systems, as defined in section 6111.01 4,170
of the Revised Code, that are located at an animal feeding 4,171
facility and that store, treat, or discharge wastewaters that do 4,172
not include storm water or manure or that discharge to a publicly 4,173
owned treatment works. 4,174
As used in this section, "animal feeding facility" and 4,176
95
"manure" have the meanings established in section 903.01 of the 4,177
Revised Code, as enacted by this act. 4,178
Section 7. Section 1511.021 of the Revised Code is 4,181
presented in this act as a composite of the section as amended by 4,182
both Am. Sub. S.B. 182 and Am. Sub. S.B. 226 of the 120th General 4,183
Assembly, with the new language of neither of the acts shown in 4,185
capital letters. Section 1511.07 of the Revised Code is 4,186
presented in this act as a composite of the section as amended by 4,187
both Am. Sub. S.B. 73 and Am. Sub. S.B. 226 of the 120th General 4,188
Assembly, with the new language of neither of the acts shown in 4,190
capital letters. Section 6111.04 of the Revised Code is 4,191
presented in this act as a composite of the section as amended by 4,192
both Am. Sub. H.B. 197 and S.B. 198 of the 123rd General 4,193
Assembly, with the new language of neither of the acts shown in 4,194
capital letters. This is in recognition of the principle stated 4,196
in division (B) of section 1.52 of the Revised Code that such 4,197
amendments are to be harmonized where not substantively 4,198
irreconcilable and constitutes a legislative finding that such is 4,199
the resulting version in effect prior to the effective date of 4,200
this act.