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.