As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 152

Representatives Reinhard, Aslanides 

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A BILL

To amend sections 307.204, 505.266, 903.01, 903.02,

1

903.04, 903.08, 903.09, 903.10, 903.16, and 903.20

2

and to enact sections 903.081 and 903.082 of the

3

Revised Code to revise the statutes governing

4

animal feeding facilities.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 307.204, 505.266, 903.01, 903.02,	6
903.04, 903.08, 903.09, 903.10, 903.16, and 903.20 be amended and	7
sections 903.081 and 903.082 of the Revised Code be enacted to	8
read as follows:	9

Sec. 307.204.  (A) As used in this section:

10

(1) "Animal unit," "concentratedConcentrated animal feeding	11
facility," and "major concentrated animal feeding facility" have	12
the same meanings as in section 903.01 of the Revised Code.	13

(2) "Facility" means a proposed new or expanded major	14
concentrated animal feeding facility.	15

(3) "Improvement" means the construction, modification, or	16
both of county infrastructure.	17

(B) A person who proposes to do any of the following shall	18
provide written notification as required under division (C) of	19
this section to the board of county commissioners of the county in	20
which a facility is or is to be located:	21

(1) Establish a new major concentrated animal feeding	22
facility;	23

(2) Increase the number of animal units of design capacity of	24
an existing major concentrated animal feeding facility by ten per	25
cent or more in excess of the design capacity set forth in the	26
current permit for construction or modification of the facility or	27
for installation or modification of the disposal system for manure	28
at the facility issued under section 903.02 or division (J) of	29
section 6111.03 of the Revised Code, as applicable;	30

(3) Increase the number of animal units of design capacity of	31
an existing concentrated animal feeding facility by ten per cent	32
or more in excess of the design capacity set forth in the current	33
permit for construction or modification of the facility or for	34
installation or modification of the disposal system for manure at	35
the facility issued under section 903.02 or division (J) of	36
section 6111.03 of the Revised Code, as applicable, and to a	37
design capacity of more than ten thousand animal unitstimes the	38
number of animals specified in any of the categories in division	39
(H) of section 903.01 of the Revised Code.	40

(C) The person shall notify the board in writing by certified	41
mail of the proposed construction or expansion of the facility and	42
include the following information:	43

(1) The anticipated travel routes of motor vehicles to and	44
from the facility;	45

(2) The anticipated number and weights of motor vehicles	46
traveling to and from the facility.	47

(D) At the request of the board, the county engineer may	48
review the written notification and advise the board on both of	49
the following:	50

(1) Improvements and maintenance of improvements that are	51
reasonably needed in order to accommodate the impact on county	52
infrastructure that is anticipated as a result of the facility,	53
including increased travel or the types of vehicles on county	54
roads;	55

(2) The projected costs of the improvements and maintenance.

56

Not later than ten days after receiving the written	57
notification, the board may request the person to provide	58
additional reasonable and relevant information regarding the	59
impact of the facility on county infrastructure. The person shall	60
provide the information not later than ten days after the request	61
is made.	62

(E)(1) Not later than thirty days after the initial written	63
notification is received by the board, the board shall submit to	64
the person its recommendations, if any, concerning the	65
improvements that will be needed as a result of the facility and	66
the cost of those improvements.	67

(2) Not later than fifteen days after receipt of the board's	68
recommendations, the person shall notify the board either that the	69
person agrees with the recommendations and will implement them or	70
that the person is submitting reasonable alternative	71
recommendations or modifications to the board. If the person	72
agrees with the recommendations, they shall be considered to be	73
the board's final recommendations.	74

(3) If the board receives alternative recommendations or	75
modifications under division (E)(2) of this section, the board	76
shall select final recommendations and submit them to the person	77
not later than thirty days after the receipt of the alternative	78
recommendations or modifications.	79

(F) The board shall prepare a written, dated statement	80
certifying that the written notification required under this	81
section was submitted and that final recommendations were selected	82
regarding needed improvements and the costs of those improvements.	83
The board shall provide the person with the original of the	84
statement so that the person can include it with the application	85
for a permit to install for the facility as required under	86
division (C)(4) of section 903.02 of the Revised Code. The board	87
shall retain a copy of the statement for its records.	88

(G) The person shall construct, modify, and maintain or	89
finance the construction, modification, and maintenance of	90
improvements as provided in the board's final recommendations and	91
with the approval and oversight of the county engineer. If the	92
person fails to do so, the board shall notify the person by	93
certified mail that the board intends to initiate mediation with	94
the person if the person remains out of compliance with the final	95
recommendations.	96

The board shall allow sufficient time for the person to apply	97
for and proceed to obtain, for the purpose of financing the	98
construction, modification, or maintenance of the improvements,	99
exemptions from taxation under sections 5709.63, 5709.632,	100
5709.73, and 5709.78 of the Revised Code or state or federal	101
grants that may be available.	102

If the person remains out of compliance with the final	103
recommendations, the board may initiate mediation with the person	104
in order to resolve the differences between them. If mediation	105
fails to resolve the differences, the board and the person first	106
shall attempt to resolve the differences through any legal	107
remedies before seeking redress through a court of common pleas.	108

(H) If the person subsequently submits an application under	109
section 903.02 of the Revised Code for a permit to modify the	110
facility, or if the routes of travel to or from the facility	111
change for any reason other than road construction conducted by	112
the county, the board or the person may request that additional	113
information be provided in writing and shall proceed as provided	114
in this section for the notification and recommendation	115
proceedings.	116

Sec. 505.266.  (A) As used in this section:

117

(1) "Animal unit," "concentratedConcentrated animal feeding	118
facility," and "major concentrated animal feeding facility" have	119
the same meanings as in section 903.01 of the Revised Code.	120

(2) "Facility" means a proposed new or expanded major	121
concentrated animal feeding facility.	122

(3) "Improvement" means the construction, modification, or	123
both of township infrastructure.	124

(B) A person who proposes to do any of the following shall	125
provide written notification as required under division (C) of	126
this section to the board of township trustees of the township in	127
which a facility is or is to be located:	128

(1) Establish a new major concentrated animal feeding	129
facility;	130

(2) Increase the number of animal units of design capacity of	131
an existing major concentrated animal feeding facility by ten per	132
cent or more in excess of the design capacity set forth in the	133
current permit for construction or modification of the facility or	134
for installation or modification of the disposal system for manure	135
at the facility issued under section 903.02 or division (J) of	136
section 6111.03 of the Revised Code, as applicable;	137

(3) Increase the number of animal units of design capacity of	138
an existing concentrated animal feeding facility by ten per cent	139
or more in excess of the design capacity set forth in the current	140
permit for construction or modification of the facility or for	141
installation or modification of the disposal system for manure at	142
the facility issued under section 903.02 or division (J) of	143
section 6111.03 of the Revised Code, as applicable, and to a	144
design capacity of more than ten thousand animal unitstimes the	145
number of animals specified in any of the categories in division	146
(M) of section 903.01 of the Revised Code.	147

(C) The person shall notify the board in writing by certified	148
mail of the proposed construction or expansion of the facility and	149
include the following information:	150

(1) The anticipated travel routes of motor vehicles to and	151
from the facility;	152

(2) The anticipated number and weights of motor vehicles	153
traveling to and from the facility.	154

(D) At the request of the board, the county engineer may	155
review the written notification and advise the board on both of	156
the following:	157

(1) Improvements and maintenance of improvements that are	158
reasonably needed in order to accommodate the impact on township	159
infrastructure that is anticipated as a result of the facility,	160
including increased travel or the types of vehicles on township	161
roads;	162

(2) The projected costs of the improvements and maintenance.

163

Not later than ten days after receiving the written	164
notification, the board may request the person to provide	165
additional reasonable and relevant information regarding the	166
impact of the facility on township infrastructure. The person	167
shall provide the information not later than ten days after the	168
request is made.	169

(E)(1) Not later than thirty days after the initial written	170
notification is received by the board, the board shall submit to	171
the person its recommendations, if any, concerning the	172
improvements that will be needed as a result of the facility and	173
the cost of those improvements.	174

(2) Not later than fifteen days after receipt of the board's	175
recommendations, the person shall notify the board either that the	176
person agrees with the recommendations and will implement them or	177
that the person is submitting reasonable alternative	178
recommendations or modifications to the board. If the person	179
agrees with the recommendations, they shall be considered to be	180
the board's final recommendations.	181

(3) If the board receives alternative recommendations or	182
modifications under division (E)(2) of this section, the board	183
shall select final recommendations and submit them to the person	184
not later than thirty days after the receipt of the alternative	185
recommendations or modifications.	186

(F) The board shall prepare a written, dated statement	187
certifying that the written notification required under this	188
section was submitted and that final recommendations were selected	189
regarding needed improvements and the costs of those improvements.	190
The board shall provide the person with the original of the	191
statement so that the person can include it with the application	192
for a permit to install for the facility as required under	193
division (C)(4) of section 903.02 of the Revised Code. The board	194
shall retain a copy of the statement for its records.	195

(G) The person shall construct, modify, and maintain or	196
finance the construction, modification, and maintenance of	197
improvements as provided in the board's final recommendations and	198
with the approval and oversight of the county engineer. If the	199
person fails to do so, the board shall notify the person by	200
certified mail that the board intends to initiate mediation with	201
the person if the person remains out of compliance with the final	202
recommendations.	203

The board shall allow sufficient time for the person to apply	204
for and proceed to obtain, for the purpose of financing the	205
construction, modification, or maintenance of the improvements,	206
exemptions from taxation under sections 5709.63, 5709.632,	207
5709.73, and 5709.78 of the Revised Code or state or federal	208
grants that may be available.	209

If the person remains out of compliance with the final	210
recommendations, the board may initiate mediation with the person	211
in order to resolve the differences between them. If mediation	212
fails to resolve the differences, the board and the person first	213
shall attempt to resolve the differences through any legal	214
remedies before seeking redress through a court of common pleas.	215

(H) If the person subsequently submits an application under	216
section 903.02 of the Revised Code for a permit to modify the	217
facility, or if the routes of travel to or from the facility	218
change for any reason other than road construction conducted by	219
the township, the board or the person may request that additional	220
information be provided in writing and shall proceed as provided	221
in this section for the notification and recommendation	222
proceedings.	223

Sec. 903.01.  As used in this chapter:

224

(A) "Agricultural animal" means any animal generally used for	225
food or in the production of food, including cattle, sheep, goats,	226
rabbits, poultry, and swine; horses; and any other animal included	227
by the director of agriculture by rule. "Agricultural animal" does	228
not include fish or other aquatic animals regardless of whether	229
they are raised at fish hatcheries, fish farms, or other	230
facilities that raise aquatic animals.	231

(B) "Animal feeding facility" means a lot, or building, or	232
structure where both of the following conditions are met:	233

(1) Animals, other than aquaticAgricultural animals, have	234
been, are, or will be stabled or confined and fed or maintained	235
there for a total of forty-five days or more in any twelve-month	236
period.	237

(2) Crops, vegetative forage growth, or post-harvest residues	238
are not sustained in the normal growing season over any portion of	239
the lot, building, or structure.	240

"Animal feeding facility" also includes land that is owned or	241
leased by or otherwise is under the control of the owner or	242
operator of the lot, building, or structure and on which manure	243
originating from agricultural animals in the lot, building, or	244
structure or a production area is applied. "Animal feeding	245
facility" does not include a hatchery, fish farm, or other	246
facility that raises aquatic animals.	247

Two or more animal feeding facilities under common ownership	248
shall be considered to be a single animal feeding facility for the	249
purposes of this chapter if they adjoin each other or if they use	250
a common area or system for the disposal of wastesmanure storage	251
or treatment facility.	252

(C) "Animal unit" means a unit of measurement calculated by	253
adding the following numbers:	254

(1) The number of slaughter and feeder cattle multiplied by	255
one;	256

(2) The number of mature dairy cattle whether milked or dry	257
multiplied by one and four-tenths;	258

(3) The number of swine each weighing over fifty-five pounds	259
multiplied by four-tenths;	260

(4) The number of horses multiplied by two;

261

(5) The number of sheep or lambs multiplied by one-tenth;

262

(6) The number of turkeys multiplied by two-hundredths;

263

(7) The number of laying hens or broilers multiplied by	264
one-hundredth;	265

(8) The number of ducks multiplied by two-tenths.

266

(D) "Best management practices" means best management	267
practices established in rules.	268

(D) "Cattle" includes, but is not limited to, heifers,	269
steers, bulls, and cow and calf pairs.	270

(E) "Concentrated animal feeding facility" means an animal	271
feeding facility with a total design capacity ofequal to or more	272
than one thousand animal unitsthe number of animals specified in	273
any of the categories in division (M) of this section.	274

(F) "Concentrated animal feeding operation" has the same	275
meaning as in regulations adopted by the United States	276
environmental protection agency under the Federal Water Pollution	277
Control Actmeans an animal feeding facility that complies with	278
one of the following:	279

(1) Has a total design capacity equal to or more than the	280
number of animals specified in any of the categories in division	281
(M) of this section;	282

(2) Satisfies the criteria in division (M),(Q), or (EE) of	283
this section;	284

(3) Is designated by the director of agriculture as a medium	285
or small concentrated animal feeding operation pursuant to rules;	286

(4) Is required to be permitted as a medium or small	287
concentrated animal feeding operation under section 903.082 of the	288
Revised Code.	289

(G) "Discharge" means to add from a point source to waters of	290
the state.	291

(H) "Federal Water Pollution Control Act" means the "Federal	292
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33	293
U.S.C. 1251 et. seq., as amended, and regulations adopted under	294
it.	295

(I) "Finalized," with respect to the programs required under	296
division (A)(1) of section 903.02 and division (A)(1) of section	297
903.03 of the Revised Code, means that all rules that are	298
necessary for the administration of this chapter have been adopted	299
and all employees of the department of agriculture that are	300
necessary for the administration of this chapter have been	301
employed.	302

(J) "General permit" has the meaning that is established in	303
rules.	304

(K) "Individual permit" has the meaning that is established	305
in rules.	306

(L) "Installation permit" means a permit for the installation	307
or modification of a disposal system or any part of a disposal	308
system issued by the director of environmental protection under	309
division (J)(1) of section 6111.03 of the Revised Code.	310

(M) "Large concentrated animal feeding operation" means an	311
animal feeding facility that stables or confines at least the	312
number of animals specified in any of the following categories:	313

(1) Seven hundred mature dairy cattle whether milked or dry;

314

(2) One thousand veal calves;

315

(3) One thousand cattle other than mature dairy cattle or	316
veal calves;	317

(4)Two thousand five hundred swine that each weigh fifty-five	318
pounds or more;	319

(5) Ten thousand swine that each weigh less than fifty-five	320
pounds;	321

(6) Five hundred horses;

322

(7) Ten thousand sheep or lambs;

323

(8) Fifty-five thousand turkeys;

324

(9) Thirty thousand laying hens or broilers if the animal	325
feeding facility uses a liquid manure handling system;	326

(10) One hundred twenty-five thousand chickens, other than	327
laying hens, if the animal feeding facility uses a manure handling	328
system that is not a liquid manure handling system;	329

(11) Eighty-two thousand laying hens if the animal feeding	330
facility uses a manure handling system that is not a liquid manure	331
handling system;	332

(12) Thirty thousand ducks if the animal feeding facility	333
uses a manure handling system that is not a liquid manure handling	334
system;	335

(13) Five thousand ducks if the animal feeding facility uses	336
a liquid manure handling system.	337

(N) "Major concentrated animal feeding facility" means a	338
concentrated animal feeding facility with a total design capacity	339
of more than ten thousand animal unitstimes the number of animals	340
specified in any of the categories in division (M) of this	341
section.	342

(N)(O) "Manure" means any of the following wastes used in or	343
resulting from the production of agricultural animals or direct	344
agricultural products such as milk or eggs: animal excreta,	345
discarded products, bedding, process waste water, process	346
generated waste water, waste feed, silage drainage, and compost	347
products resulting from mortality composting or the composting of	348
animal excreta.	349

(O)(P) "Manure storage or treatment facility" means any	350
excavated, diked, or walled structure or combination of structures	351
designed for the biological stabilization, holding, or storage of	352
manure.	353

(P)(Q) "Medium concentrated animal feeding operation" means	354
an animal feeding facility that satisfies both of the following:	355

(1) The facility stables or confines the number of animals	356
specified in any of the following categories:	357

(a) Two hundred to six hundred ninety-nine mature dairy	358
cattle whether milked or dry;	359

(b) Three hundred to nine hundred ninety nine veal calves;

360

(c) Three hundred to nine hundred ninety nine cattle other	361
than mature dairy cattle or veal calves;	362

(d) Seven hundred fifty to two thousand four hundred ninety	363
nine swine that each weigh fifty-five pounds or more;	364

(e) Three thousand to nine thousand nine hundred ninety-nine	365
swine that each weigh less than fifty-five pounds;	366

(f) One hundred fifty to four hundred ninety-nine horses;

367

(g) Three thousand to nine thousand nine hundred ninety-nine	368
sheep or lambs;	369

(h) Sixteen thousand five hundred to fifty-four thousand nine	370
hundred ninety-nine turkeys;	371

(i) Nine thousand to twenty-nine thousand nine hundred	372
ninety-nine laying hens or broilers if the animal feeding facility	373
uses a liquid manure handling system;	374

(j) Thirty-seven thousand five hundred to one hundred	375
twenty-four thousand nine hundred ninety-nine chickens, other than	376
laying hens, if the animal feeding facility uses a manure handling	377
system that is not a liquid manure handling system;	378

(k) Twenty-five thousand to eighty-one thousand nine hundred	379
ninety-nine laying hens if the animal feeding facility uses a	380
manure handling system that is not a liquid manure handling	381
system;	382

(l) Ten thousand to twenty-nine thousand nine hundred	383
ninety-nine ducks if the animal feeding facility uses a manure	384
handling system that is not a liquid manure handling system;	385

(m) One thousand five hundred to four thousand nine hundred	386
ninety-nine ducks if the animal feeding facility uses a liquid	387
manure handling system.	388

(2) The facility does one of the following:

389

(a) Discharges pollutants into waters of the United States	390
through an artificial ditch, an artificial flushing system, or an	391
other similar artificial device;	392

(b) Discharges pollutants directly into waters of the United	393
States that originate outside of and that pass over, across, or	394
through the facility or otherwise come into direct contact with	395
the animals at the facility.	396

"Medium concentrated animal feeding operation" includes an	397
animal feeding facility that is designated by the director as a	398
medium concentrated animal feeding operation pursuant to rules or	399
that is required to be permitted as a medium concentrated animal	400
feeding operation under section 903.082 of the Revised Code.	401

(R) "Mortality composting" means the controlled decomposition	402
of organic solid material consisting of dead animals that	403
stabilizes the organic fraction of the material.	404

(Q)(S) "NPDES permit" means a permit issued under the	405
national pollutant discharge elimination system established in	406
section 402 of the Federal Water Pollution Control Act and	407
includes the renewal of such a permit. "NPDES permit" includes the	408
federally enforceable provisions of a permit to operate into which	409
NPDES permit provisions have been incorporated.	410

(R)(T) "Permit" includes an initial, renewed, or modified	411
permit to install, permit to operate, NPDES permit, and	412
installation permit unless expressly stated otherwise.	413

(S)(U) "Permit to install" means a permit issued under	414
section 903.02 of the Revised Code.	415

(T)(V) "Permit to operate" means a permit issued or renewed	416
under section 903.03 of the Revised Code and includes incorporated	417
NPDES permit provisions, if applicable.	418

(U)(W) "Person" means any legal entity defined as a person	419
under section 1.59 of the Revised Code, the state, any political	420
subdivision of the state, any interstate body created by compact,	421
the United States, or any department, agency, or instrumentality	422
of any of those entities.	423

(V)(X) "Point source" has the same meaning as in the Federal	424
Water Pollution Control Act.	425

(W)(Y) "Process generated waste water" means water that is	426
directly or indirectly used in the operation of an animal feeding	427
facility for any of the following:	428

(1) Spillage or overflow from animal watering systems;

429

(2) Washing, cleaning, or flushing pens, barns, manure pits,	430
or other areas of an animal feeding facility;	431

(3) Direct contact swimming, washing, or spray cooling of	432
animals;	433

(4) Dust control.

434

(X)(Z) "Process waste water" means any process generated	435
waste water and any precipitation, including rain or snow, that	436
comes into contact with manure, litter, bedding, or any other raw	437
material or intermediate or final material or product used in or	438
resulting from the production of animals or direct products such	439
as milk or eggs.	440

(Y)(AA) "Production area" means any of the following	441
components of an animal feeding facility:	442

(1) Animal confinement areas, including, but not limited to,	443
open lots, housed lots, feedlots, confinement houses, stall barns,	444
free stall barns, milkrooms, milking centers, cowyards, barnyards,	445
medication pens, animal walkways, and stables;	446

(2) Manure storage areas, including, but not limited to,	447
manure storage or treatment facilities;	448

(3) Raw material storage areas, including, but not limited	449
to, feed silos, silage bunkers, commodity buildings, and bedding	450
materials;	451

(4) Waste containment areas, including, but not limited to,	452
any of the following:	453

(a) An egg washing or egg processing facility;

454

(b) An area used in the storage, handling, treatment, or	455
disposal of mortalities;	456

(c) Settling basins, runoff ponds, liquid impoundments, and	457
areas within berms and diversions that are designed and maintained	458
to separate uncontaminated storm water runoff from contaminated	459
water and to contain and treat contaminated storm water runoff.	460

(BB) "Public meeting" means a nonadversarial public hearing	461
at which a person may present written or oral statements for the	462
director of agriculture's consideration and includes public	463
hearings held under section 6111.12 of the Revised Code.	464

(Z)(CC) "Review compliance certificate" means a certificate	465
issued under section 903.04 of the Revised Code.	466

(AA)(DD) "Rule" means a rule adopted under section 903.10 of	467
the Revised Code.	468

(BB)(EE) "Small concentrated animal feeding operation" means	469
an animal feeding facility that is not a large or medium	470
concentrated animal feeding operation and that is designated by	471
the director as a small concentrated animal feeding operation	472
pursuant to rules adopted under section 903.08 of the Revised Code	473
or is permitted as a small concentrated animal feeding operation	474
under section 903.082 of the Revised Code.	475

(FF) "Waters of the state" has the same meaning as in section	476
6111.01 of the Revised Code.	477

Sec. 903.02.  (A)(1) Not later than one hundred eighty days	478
after the effective date of this sectionMarch 15, 2001, the	479
director of agriculture shall prepare a program for the issuance	480
of permits to install under this section.	481

(2) On and after the date on which the director has finalized	482
the program required under division (A)(1) of this section, no	483
person shall modify an existing or construct a new concentrated	484
animal feeding facility without first obtaining a permit to	485
install issued by the director under this section.	486

(B) The director or the director's authorized representative	487
may help an applicant for a permit to install during the	488
permitting process by providing guidance and technical assistance.	489

(C) An applicant for a permit to install shall submit an	490
application to the director on a form that the director prescribes	491
and provides together with a fee in an amount established by rule.	492
The applicant shall include with the application all of the	493
following information:	494

(1) The name and address of the applicant, of all partners if	495
the applicant is a partnership or of all officers and directors if	496
the applicant is a corporation, and of any other person who has a	497
right to control or in fact controls management of the applicant	498
or the selection of officers, directors, or managers of the	499
applicant;	500

(2) The type of livestock and the number of animal units	501
animals that the concentrated animal feeding facility would have	502
the design capacity to raise or maintain;	503

(3) Designs and plans for the proposed construction of the	504
concentrated animal feeding facility that include the proposed	505
location of the construction, design and construction plans and	506
specifications, anticipated beginning and ending dates for work	507
performed, and any other information that the director requires by	508
rule;	509

(4) In the case of an application for a concentrated animal	510
feeding facility that meets the criteria established in sections	511
307.204 and 505.266 of the Revised Code, written statements from	512
the board of county commissioners of the county and the board of	513
township trustees of the township in which the concentrated animal	514
feeding facility would be located certifying that, in accordance	515
with those sections, the applicant has provided the boards with	516
the required written notification and that final recommendations	517
were selected regarding improvements, if any, to county or	518
township infrastructure that are needed as a result of the new or	519
expanded concentrated animal feeding facility and the costs of	520
those improvements;	521

(5) A statement of the quantity of water that the	522
concentrated animal feeding facility will utilize on an average	523
daily and annual basis, a detailed description of the basis for	524
the calculation utilized in determining the quantity of water	525
utilized, and a statement identifying the source for the water;	526

(6) Information concerning the applicant's past compliance	527
with the Federal Water Pollution Control Act required to be	528
provided under section 903.05 of the Revised Code, if applicable;	529

(7) Any other information required by rule.

530

Information required to be included in an application for the	531
modification of a permit to install, together with the applicable	532
fee amount, shall be established in rules.	533

(D) The director shall issue permits to install in accordance	534
with section 903.09 of the Revised Code. The director shall deny a	535
permit to install if either of the following applies:	536

(1) The permit application contains misleading or false	537
information.	538

(2) The designs and plans fail to conform to best management	539
practices.	540

Additional grounds for the denial of a permit to install	541
shall be those established in this chapter and rules.	542

(E) A permit to install shall expire after a period specified	543
by the director unless the applicant has undertaken a continuing	544
program of construction or has entered into a binding contractual	545
obligation to undertake and complete a continuing program of	546
construction within a reasonable time. The director may extend the	547
expiration date of a permit to install upon request of the	548
applicant.	549

(F) The director may modify, suspend, or revoke a permit to	550
install in accordance with rules.	551

(G) Nothing in this chapter affects section 1521.16 of the	552
Revised Code.	553

Sec. 903.04.  (A) As used in this section, "existing	554
concentrated animal feeding facility" or "existing facility" means	555
a concentrated animal feeding facility that was in existence prior	556
to the date on which the director of agriculture has finalized the	557
program required under division (A)(1) of section 903.03 of the	558
Revised Code and that has received an installation permit prior to	559
that date.	560

(B) On and after the date on which the director of	561
agriculture has finalized the program required under division	562
(A)(1) of section 903.02 of the Revised Code, the authority to	563
enforce terms and conditions of installation permits that	564
previously were issued to animal feeding facilities shall be	565
transferred from the director of environmental protection to the	566
director of agriculture. Thereafter, the director of environmental	567
protection shall have no authority to enforce the terms and	568
conditions of those installation permits. On and after the date on	569
which the director of agriculture has finalized the program	570
required under division (A)(1) of section 903.02 of the Revised	571
Code, an installation permit concerning which enforcement	572
authority has been transferred shall be deemed to have been issued	573
under this section.	574

(C) A person to whom an installation permit has been issued	575
by the director of environmental protection prior to the date on	576
which the director of agriculture has finalized the program	577
required under division (A)(1) of section 903.03 of the Revised	578
Code may continue to operate under that permit until either of the	579
following occurs:	580

(1) The installation permit is terminated through the denial	581
of a review compliance certificate under division (F) of this	582
section.	583

(2) The person is required under division (H) of this section	584
to obtain a permit to operate.	585

(D) Except as otherwise provided in this division, on and	586
after the date that is two years after the date on which the	587
director has finalized the program required under division (A)(1)	588
of section 903.03 of the Revised Code, and until the issuance of a	589
permit to operate, no person shall operate an existing	590
concentrated animal feeding facility unless the person holds a	591
review compliance certificate.	592

This division does not apply to a person who has made a	593
timely submittal of the information required under division (E)(2)	594
of this section and who is waiting for the director to issue or	595
deny a review compliance certificate. Such a person may continue	596
the operation of the existing concentrated animal feeding facility	597
until, if applicable, the director issues an order denying the	598
review compliance certificate.	599

(E) Not later than two years after the date on which the	600
director has finalized the program required under division (A)(1)	601
of section 903.03 of the Revised Code, both of the following	602
apply:	603

(1) The director shall review the installation permit that	604
previously was issued to an existing concentrated animal feeding	605
facility and shall inspect the facility to determine if it is in	606
compliance with that permit.	607

(2) Except as otherwise provided in division (E)(2) of this	608
section, the owner or operator of an existing concentrated animal	609
feeding facility shall furnish all of the following to the	610
director on a form prescribed by the director:	611

(a) The name and address of the owner, of all partners if the	612
owner is a partnership or of all officers and directors if the	613
owner is a corporation, and of any other person who has a right to	614
control or in fact controls management of the facility or the	615
selection of officers, directors, or managers of the facility;	616

(b) The type of livestock and number of animal unitsanimals	617
that the facility has the design capacity to raise or maintain;	618

(c) A manure management plan for the facility that conforms	619
to best management practices regarding the handling, storage,	620
transportation, and land application of manure generated at the	621
facility and that contains any other information required by rule;	622

(d) An insect and rodent control plan for the facility that	623
conforms to best management practices and is prepared in	624
accordance with section 903.06 of the Revised Code;	625

(e) In the case of a major concentrated animal feeding	626
facility, written proof that the person who would be responsible	627
for the supervision of the management and handling of manure at	628
the facility has been issued a livestock manager certification in	629
accordance with section 903.07 of the Revised Code.	630

The owner or operator need not furnish any information	631
otherwise required under division (E)(2) of this section if that	632
information is included in the installation permit that was issued	633
for the existing facility.	634

(F) After a review of the existing installation permit, an	635
inspection of the facility, and a review of the information	636
furnished under division (E)(2) of this section, and upon	637
determining that the existing facility is being operated in a	638
manner that protects the waters of the state and minimizes the	639
presence and negative effects of insects and rodents at the	640
facility and in surrounding areas, the director shall issue an	641
order issuing a review compliance certificate to the facility. In	642
issuing the certificate, the director shall consider technical	643
feasibility and economic costs. The director shall not require a	644
significant capital expenditure, as defined by rule, by the	645
facility before issuing a certificate.	646

The director may issue an order denying a review compliance	647
certificate if the facility's insect and rodent control plan or	648
manure management plan does not conform to best management	649
practices and the requirements established in section 903.06 of	650
the Revised Code and in rules. The denial of a review compliance	651
certificate terminates the existing installation permit that was	652
issued to the facility.	653

The issuance of a review compliance certificate shall not	654
require public notice or a public meeting. However, notice shall	655
be provided to persons who own property that is contiguous to the	656
production area of the concentrated animal feeding facility for	657
which the review compliance certificate is to be issued. Such	658
persons may submit written comments to the director within a time	659
established by the director.	660

The issuance of a review compliance certificate shall not be	661
subject to appeal under Chapter 119. or sections 3745.04 to	662
3745.06 of the Revised Code. The denial or revocation of a review	663
compliance certificate or the amendment of an installation permit	664
resulting from a certificate may be challenged by the applicant in	665
an administrative hearing in accordance with Chapter 119. of the	666
Revised Code, except that section 119.12 of the Revised Code does	667
not apply. An order of the director that denies or revokes a	668
certificate or amends an installation permit as a result of a	669
certificate may be appealed to the environmental review appeals	670
commission under sections 3745.04 to 3745.06 of the Revised Code.	671

(G) Upon the issuance of a review compliance certificate, the	672
certificate automatically shall merge and become a part of the	673
previously issued installation permit. If any of the terms and	674
conditions of the installation permit and the review compliance	675
certificate are in conflict, the terms and conditions of the	676
review compliance certificate are controlling.	677

(H)(1) A review compliance certificate is valid for a period	678
of five years. Not later than one hundred eighty days prior to the	679
expiration date of the review compliance certificate, the owner or	680
operator shall apply for a permit to operate.	681

(2) The director may revoke a review compliance certificate	682
issued to an existing facility after the director has issued an	683
order as a result of a hearing held under Chapter 119. of the	684
Revised Code in which the facility has been found to be in	685
violation of the terms and conditions of the review compliance	686
certificate. An existing facility whose review compliance	687
certificate is revoked shall obtain a permit to operate and, if	688
applicable, a NPDES permit in order to resume operating.	689

(I) An existing facility that is issued a review compliance	690
certificate shall comply with the previously issued installation	691
permit, as amended by the certificate.	692

Sec. 903.08.  (A)(1) The director of agriculture is	693
authorized to participate in the national pollutant discharge	694
elimination system in accordance with the Federal Water Pollution	695
Control Act. Not later than one hundred eighty days after the	696
effective date of this sectionMarch 15, 2001, the director shall	697
prepare a state program in accordance with 40 C.F.R. 123.21 for	698
point sources that are subject to this section and shall submit	699
the program to the United States environmental protection agency	700
for approval.	701

(2) On and after the date on which the United States	702
environmental protection agency approves the state program	703
submitted under division (A)(1) of this section, the authority to	704
enforce terms and conditions of NPDES permits previously issued	705
under division (J) of section 6111.03 or under section 6111.035 of	706
the Revised Code for the discharging, transporting, or handling of	707
storm water from an animal feeding facility or of manure is	708
transferred from the director of environmental protection to the	709
director of agriculture. Thereafter, the director of environmental	710
protection shall have no authority to enforce the terms and	711
conditions of those NPDES permits. After the transfer of authority	712
under division (A)(2) of this section, the NPDES permits	713
concerning which authority has been transferred shall be	714
considered to have been issued under this section.	715

(B)(1) On and after the date on which the United States	716
environmental protection agency approves the NPDES program	717
submitted by the director of agriculture under this section, no	718
person shall discharge manure from a point source into waters of	719
the state without first obtainingthe owner or operator of a	720
concentrated animal feeding operation shall apply for an	721
individual NPDES permit or for coverage under a general NPDES	722
permit issued by the director of agriculture under this section.	723
However, if an owner or operator of a concentrated animal feeding	724
operation receives notice from the director that the director has	725
determined that the concentrated animal feeding operation has no	726
potential to discharge manure, the owner or operator is not	727
required to apply for an individual NPDES permit or for coverage	728
under a general NPDES permit for that operation. The director's	729
determination shall be made in accordance with rules. Violation of	730
division (B)(1) of this section is hereby declared to be a public	731
nuisance for purposes of state enforcement of this section.	732

(2) Persons that have been issued a permit by the director of	733
environmental protection under division (J) of section 6111.03 of	734
the Revised Code for the discharge of manure prior to the date on	735
which the United States environmental protection agency approves	736
the NPDES program submitted by the director of agriculture under	737
this section may continue to operate under that permit until it	738
expires or is modified or revoked. Such a permit shall be enforced	739
by the director of agriculture upon the transfer of authority to	740
enforce the terms and conditions of the permit under division	741
(A)(2) of this section.	742

(C)(1) On and after the date on which the United States	743
environmental protection agency approves the NPDES program	744
submitted by the director of agriculture under this section, no	745
person shall discharge storm water resulting from an animal	746
feeding facility without first obtaining a NPDES permit issued by	747
the director of agriculture in accordance with rules when such a	748
permit is required by the Federal Water Pollution Control Act.	749
Violation of division (C)(1) of this section is hereby declared to	750
be a public nuisance for purposes of state enforcement of this	751
section.	752

(2) Persons that have been issued a NPDES permit by the	753
director of environmental protection under Chapter 6111. of the	754
Revised Code for the discharge of storm water from an animal	755
feeding facility prior to the date on which the United States	756
environmental protection agency approves the NPDES program	757
submitted by the director of agriculture under this section may	758
continue to operate under that permit until it expires or is	759
modified or revoked. Such a permit shall be enforced by the	760
director of agriculture upon the transfer of authority to enforce	761
the terms and conditions of the permit under division (A)(2) of	762
this section.	763

(D) In accordance with rules, an applicant for a NPDES permit	764
issued under this section shall submit a fee in an amount	765
established by rule together with, except as otherwise provided in	766
division (F) of this section, an application for the permit to the	767
director of agriculture on a form prescribed by the director. The	768
application shall include any information required by rule. The	769
director or the director's authorized representative may help an	770
applicant for a NPDES permit during the application process by	771
providing guidance and technical assistance.	772

(E) The director of agriculture shall issue NPDES permits in	773
accordance with this section and section 903.09 of the Revised	774
Code. The director shall deny an application for a NPDES permit if	775
any of the following applies:	776

(1) The application contains misleading or false information.

777

(2) The administrator of the United States environmental	778
protection agency objects in writing to the issuance of the NPDES	779
permit in accordance with section 402(d) of the Federal Water	780
Pollution Control Act.	781

(3) The director determines that the proposed discharge or	782
source would conflict with an areawide waste treatment management	783
plan adopted in accordance with section 208 of the Federal Water	784
Pollution Control Act.	785

Additional grounds for the denial of a NPDES permit shall be	786
those established in this chapter and rules.	787

(F) To the extent consistent with the Federal Water Pollution	788
Control Act, the director of agriculture shall issue general NPDES	789
permits that will apply in lieu of individual NPDES permits for	790
categories of point sources for which the director determines that	791
all of the following apply:	792

(1) Any discharges authorized by a general permit will have	793
only minimal cumulative adverse effects on the environment when	794
the discharges are considered collectively and individually.	795

(2) The discharges are more appropriately authorized by a	796
general permit than by an individual permit.	797

(3) Each category of point sources satisfies the criteria	798
established in rules.	799

A person who is required to obtain a NPDES permit shall	800
submit to the director a notice of the person's intent to be	801
covered under an existing general permit or, at the person's	802
option, an application for an individual NPDES permit. Upon	803
receipt of a notice of intent for coverage under an existing	804
general permit, the director shall notify the applicant in writing	805
that the person is covered by the general permit if the person	806
satisfies the criteria established in rules for eligibility for	807
such coverage. If the person is ineligible for coverage under the	808
general permit, the director shall require the submission of an	809
application for an individual NPDES permit.	810

(G) The director of agriculture shall establish terms and	811
conditions of NPDES permits in accordance with rules. Terms and	812
conditions shall be designed to achieve and maintain full	813
compliance with national effluent limitations, national standards	814
of performance for new sources, the most current water quality	815
standards adopted under section 6111.041 of the Revised Code, the	816
most current antidegradation policy adopted under section 6111.12	817
of the Revised Code, and other requirements of the Federal Water	818
Pollution Control Act. In establishing the terms and conditions of	819
a NPDES permit, the director, to the extent consistent with that	820
act, shall consider technical feasibility and economic costs and	821
shall allow a reasonable period of time for coming into compliance	822
with the permit.	823

(H) An animal feeding facility that is required to obtain	824
both a NPDES permit and a permit to operate shall be issued a	825
single permit to operate incorporating the terms and conditions	826
established by both permits. The permit to operate expressly shall	827
designate the terms and conditions required under the NPDES	828
program as federally enforceable. All other provisions are	829
enforceable under state law only and expressly shall be designated	830
accordingly.	831

(I) A NPDES permit may be issued under this section for a	832
period not to exceed five years.	833

(J) A NPDES permit issued under this section may be renewed.	834
An application for renewal of a NPDES permit shall be submitted to	835
the director of agriculture at least one hundred eighty days prior	836
to the expiration date of the permit and shall comply with the	837
requirements governing applications for NPDES permits established	838
under this section and by rule.	839

(K)(1) No person shall make any false statement,	840
representation, or certification in an application for a NPDES	841
permit or in any form, notice, or report required to be submitted	842
to the director pursuant to terms and conditions established in a	843
NPDES permit issued under this section.	844

(2) No person shall render inaccurate any monitoring method	845
or device that is required under the terms and conditions of a	846
NPDES permit issued under this section.	847

(L) The director may modify, suspend, or revoke a NPDES	848
permit issued under this section for cause as established by rule.	849
No NPDES permit issued under this section shall be modified,	850
suspended, or revoked without a written order stating the findings	851
that led to the modification, suspension, or revocation. In	852
addition, the permittee has a right to an administrative hearing	853
in accordance with Chapter 119. of the Revised Code, except that	854
section 119.12 of the Revised Code does not apply. Further, an	855
order of the director modifying, suspending, or revoking a NPDES	856
permit may be appealed to the environmental review appeals	857
commission under sections 3745.04 to 3745.06 of the Revised Code.	858

(M)(1) No person shall violate any effluent limitation	859
established by rule.	860

(2) No person shall violate any other provision of a NPDES	861
permit issued under this section.	862

(3) Compliance with a NPDES permit issued under this section	863
constitutes compliance with this section.	864

(N) This section, including the state program authorized in	865
division (A)(1) of this section, shall be administered in a manner	866
consistent with the Federal Water Pollution Control Act.	867

Sec. 903.081. (A) For purposes of section 903.08 of the	868
Revised Code, no person shall issue a NPDES permit if the person	869
receives or has received during the two years prior to the receipt	870
of an application for an NPDES permit a significant portion of	871
income from a NPDES permittee or an applicant for a NPDES permit.	872
In addition, no person who, pursuant to an appeal of an action	873
regarding a NPDES permit, has the authority to require the	874
director of agriculture to issue or modify a NPDES permit shall	875
require the director to issue or modify a NPDES permit if the	876
person receives or has received during the two years prior to the	877
filing of the appeal a significant portion of income from a NPDES	878
permittee or an applicant for a NPDES permit.	879

(B) As used in this section:

880

(1) "Significant portion of income" means ten per cent or	881
more of gross personal income in a calendar year or fifty per cent	882
or more of gross personal income in a calendar year if the	883
recipient of the income is more than sixty years of age and is	884
receiving that portion of income under retirement benefits,	885
including a pension or similar arrangement.	886

(2) "Income" includes retirement benefits, consultant fees,	887
and stock dividends. "Income" does not include mutual fund	888
payments or other diversified investments for which the recipient	889
does not know the identity of the primary sources of the income.	890

(3) "Permittee" and "applicant for a NPDES permit" does not	891
include any department or agency of the state.	892

Sec. 903.082. (A) Notwithstanding divisions (Q) and (EE) of	893
section 903.01 of the Revised Code, the director of agriculture	894
may determine that an animal feeding facility shall be required to	895
be permitted as a medium or small concentrated animal feeding	896
operation when all of the following apply:	897

(1) The director has received a written notification from the	898
chief of the division of soil and water conservation in the	899
department of natural resources that specifies that the animal	900
feeding facility has a record of noncompliance with Chapter 1511.	901
of the Revised Code and rules adopted under it.	902

(2) The director or the director's authorized representative	903
has inspected the animal feeding facility.	904

(3) The director or the director's authorized representative	905
finds that the facility is not being operated in a manner that	906
protects the waters of the state.	907

(B) If an animal feeding facility is required to be permitted	908
in accordance with this section, the owner or operator of the	909
facility shall apply to the director for an individual NPDES	910
permit or for coverage under a general NPDES permit and shall	911
apply for a permit to install, permit to operate, or both,	912
whichever is applicable, to operate as a concentrated animal	913
feeding operation.	914

Sec. 903.09. (a)(A) Prior to issuing or modifying a permit to	915
install, permit to operate, or NPDES permit, the director of	916
agriculture shall issue a draft permit. The director or the	917
director's representative shall mail notice of the issuance of a	918
draft permit to the applicant and shall publish the notice once in	919
a newspaper of general circulation in the county in which the	920
concentrated animal feeding facility or discharger is located or	921
proposed to be located. The director shall mail notice of the	922
issuance of a draft permit and a copy of the draft permit to the	923
board of county commissioners of the county and the board of	924
township trustees of the township in which the concentrated animal	925
feeding facility or discharger is located or proposed to be	926
located. The director or the director's representative also shall	927
provide notice of the issuance of a draft NPDES to any other	928
persons that are entitled to notice under the Federal Water	929
Pollution Control Act. Notice of the issuance of a draft permit to	930
install, permit to operate, or NPDES permit shall include the	931
address where written comments concerning the draft permit may be	932
submitted and the period of time during which comments will be	933
accepted as established by rule.	934

If the director receives written comments in an amount that	935
demonstrates significant public interest, as defined by rule, in	936
the draft permit, the director shall schedule one public meeting	937
to provide information to the public and to hear comments	938
pertinent to the draft permit. The notice of the public meeting	939
shall be provided in the same manner as the notice of the issuance	940
of the draft permit.	941

(B) If a person is required to obtain both a permit to	942
install and a permit to operate, including any permit to operate	943
with NPDES provisions, and public meetings are required for both	944
permits, the public meetings for the permits shall be combined.	945

(C) The director shall apply the antidegradation policy	946
adopted under section 6111.12 of the Revised Code to permits	947
issued under this chapter to the same degree and under the same	948
circumstances as it applies to permits issued under Chapter 6111.	949
of the Revised Code. The director shall hold one public meeting to	950
consider antidegradation issues when such a meeting is required by	951
the antidegradation policy. When allowed by the antidegradation	952
policy, the director shall hold the public meeting on	953
antidegradation issues concurrently with any public meeting held	954
for the draft permit.	955

(D) The director or the director's representative shall	956
publish notice of the issuance of a final permit to install,	957
permit to operate, or NPDES permit once in a newspaper of general	958
circulation in the county in which the concentrated animal feeding	959
facility or discharger is located.	960

(E) Failure of the director to provide notice or a public	961
meeting shall invalidate a permit only if the failure is raised	962
by, and was relied upon to the detriment of, a person that is	963
entitled to appeal the permit. Notice or a public meeting is not	964
required for the modification of a permit made with the consent of	965
the permittee for the correction of typographical errors.	966

(F) The denial, modification, suspension, or revocation of a	967
permit to install, permit to operate, or NPDES permit without the	968
consent of the applicant or permittee shall be preceded by a	969
proposed action stating the director's intention to issue an order	970
with respect to the permit and the reasons for it. The	971

The director shall mail to the applicant or the permittee	972
notice of the director's proposed action to deny, suspend, or	973
revoke a permit to install, permit to operate, or NPDES permit.	974
The director shall publish the notice once in a newspaper of	975
general circulation in the county in which the concentrated animal	976
feeding facility or concentrated animal feeding operation is	977
located or proposed to be located. The director shall mail a copy	978
of the notice of the proposed action to the board of county	979
commissioners of the county and to the board of township trustees	980
of the township in which the concentrated animal feeding facility	981
or concentrated animal feeding operation is located or proposed to	982
be located. The director also shall provide notice of the	983
director's proposed action to deny, suspend, or revoke a permit to	984
install, permit to operate, or NPDES permit to any other person	985
that is entitled to notice under the Federal Water Pollution	986
Control Act. The notice of the director's proposed action to deny,	987
suspend, or revoke a permit to install, permit to operate, or	988
NPDES permit shall include the address where written comments	989
concerning the director's proposed action may be submitted and the	990
period of time during which comments will be accepted as	991
established by rule. If the director receives written comments in	992
an amount that demonstrates significant public interest, as	993
defined by rule, the director shall schedule one public meeting to	994
provide information to the public and to hear comments pertinent	995
to the proposed action. The notice of the public meeting shall be	996
provided in the same manner as the notice of the director's	997
proposed action.	998

The director shall not issue an order that makes the proposed	999
action final until the applicant or permittee has had an	1000
opportunity for an adjudication hearing in accordance with Chapter	1001
119. of the Revised Code, except that section 119.12 of the	1002
Revised Code does not apply. An order of the director that	1003
finalizes the proposed action or an order issuing a permit without	1004
a prior proposed action may be appealed to the environmental	1005
review appeals commission under sections 3745.04 to 3745.06 of the	1006
Revised Code.	1007

(G)(1) The director shall issue an order issuing or denying	1008
an application for a permit to operate that contains NPDES	1009
provisions or for a NPDES permit, as well as any application for a	1010
permit to install that is submitted simultaneously, not later than	1011
one hundred eighty days after receiving the application.	1012

(2) In the case of an application for a permit to install or	1013
permit to operate that is not connected with an application for a	1014
NPDES permit, the director shall issue or propose to deny the	1015
permit not later than ninety days after receiving the application.	1016
If the director has proposed to deny the permit to install or	1017
permit to operate under division (G)(2) of this section, the	1018
director shall issue an order denying the permit or, if the	1019
director decides against the proposed denial, issuing the permit	1020
not later than one hundred eighty days after receiving the	1021
application. If the director denies the permit, the director shall	1022
notify the applicant in writing of the reason for the denial.	1023

(H) All rulemaking and the issuance of civil penalties under	1024
this chapter shall comply with Chapter 119. of the Revised Code.	1025

(I) Upon the transfer of ownership of an animal feeding	1026
facility for which a permit to install, an installation permit, a	1027
review compliance certificate, or a permit to operate that	1028
contains no NPDES provisions has been issued, the permit or	1029
certificate shall be transferred to the new owner of the animal	1030
feeding facility except as provided in division (C) of section	1031
903.05 of the Revised Code. In the case of the transfer of	1032
ownership of a point source for which a NPDES permit or a permit	1033
to operate that contains NPDES provisions has been issued, the	1034
permit shall be transferred in accordance with rules.	1035

(J) Applications for installation permits for animal feeding	1036
facilities pending before the director of environmental protection	1037
on the date on which the director of agriculture has finalized the	1038
programs required under division (A)(1) of section 903.02 and	1039
division (A)(1) of section 903.03 of the Revised Code shall be	1040
transferred to the director of agriculture. In the case of an	1041
applicant who is required to obtain a permit to install and a	1042
permit to operate under sections 903.02 and 903.03, respectively,	1043
of the Revised Code, the director of agriculture shall process the	1044
pending application for an installation permit as an application	1045
for a permit to install and a permit to operate.	1046

(K) Applications for NPDES permits for either of the	1047
following that are pending before the director of environmental	1048
protection on the date on which the United States environmental	1049
protection agency approves the NPDES program submitted by the	1050
director of agriculture under section 903.08 of the Revised Code	1051
shall be transferred to the director of agriculture:	1052

(1) The discharge of manure;

1053

(2) The discharge of storm water resulting from an animal	1054
feeding facility. In the case of an applicant who is required to	1055
obtain a NPDES permit under section 903.08 of the Revised Code,	1056
the director of agriculture shall process the pending application	1057
as an application for a NPDES permit under that section.	1058

Sec. 903.10.  The director of agriculture shall adopt rules	1059
in accordance with Chapter 119. of the Revised Code that do all of	1060
the following:	1061

(A) Establish all of the following concerning permits to	1062
install and permits to operate:	1063

(1) A description of what constitutes a modification of a	1064
concentrated animal feeding facility;	1065

(2) The amount of the fee that must be submitted with each	1066
permit application and each application for a permit modification;	1067

(3) Information that must be included in the designs and	1068
plans required to be submitted with an application for a permit to	1069
install and criteria for approving, disapproving, or requiring	1070
modification of the designs and plans;	1071

(4) Information that must be included in a manure management	1072
plan required to be submitted with an application for a permit to	1073
operate;	1074

(5) Information that must be included in an application for	1075
the modification of an installation permit, a permit to install,	1076
or a permit to operate;	1077

(6) Any additional information that must be included with a	1078
permit application;	1079

(7) Procedures for the issuance, denial, modification,	1080
transfer, suspension, and revocation of permits to install and	1081
permits to operate, including general permits;	1082

(8) Grounds for the denial, modification, suspension, or	1083
revocation of permits to install and permits to operate in	1084
addition to the grounds established in division (D) of section	1085
903.02 and division (D) of section 903.03 of the Revised Code;	1086

(9) A requirement that a person that is required to obtain	1087
both a permit to install and a permit to operate submit	1088
applications for those permits simultaneously;	1089

(10) A definition of "general permit to operate" that	1090
establishes categories of concentrated animal feeding facilities	1091
to be covered under such a permit and a definition of "individual	1092
permit to operate" together with the criteria for issuing a	1093
general permit to operate and the criteria for determining a	1094
person's eligibility to operate under a general permit to operate.	1095

(B) Establish all of the following for the purposes of review	1096
compliance certificates issued under section 903.04 of the Revised	1097
Code:	1098

(1) The form of a certificate;

1099

(2) Criteria for what constitutes a significant capital	1100
expenditure under division (D) of that section;	1101

(3) Deadlines and procedures for submitting information under	1102
division (E)(2) of that section.	1103

(C) Establish best management practices that minimize water	1104
pollution, odors, insects, and rodents, that govern the land	1105
application of manure that originated at a concentrated animal	1106
feeding facility, and that govern all of the following activities	1107
that occur at a concentrated animal feeding facility:	1108

(1) Manure management, including the storage, handling,	1109
transportation, and land application of manure. Rules adopted	1110
under division (C)(1) of this section shall include practices that	1111
prevent surface and ground water contamination caused by the	1112
storage of manure or the land application of manure and prevent	1113
the contamination of water in drainage tiles that may be caused by	1114
that application.	1115

(2) Disposal of dead livestock;

1116

(3) Any other activity that the director considers	1117
appropriate.	1118

Best management practices established in rules adopted under	1119
division (C) of this section shall not conflict with best	1120
management practices established in rules that have been adopted	1121
under any other section of the Revised Code and that are in effect	1122
on the effective date of this sectionMarch 15, 2001. The rules	1123
adopted under division (C) of this section shall establish	1124
guidelines that require owners or operators of concentrated animal	1125
feeding facilities to consult with and work with local officials,	1126
including boards of county commissioners and boards of township	1127
trustees, in addressing issues related to local government	1128
infrastructure needs and the financing of that infrastructure.	1129

(D) Establish all of the following concerning insect and	1130
rodent control plans required under section 903.06 of the Revised	1131
Code:	1132

(1) The information to be included in an insect and rodent	1133
control plan;	1134

(2) Criteria for approving, disapproving, or requiring	1135
modification of an insect and rodent control plan;	1136

(3) Criteria for determining compliance with or violation of	1137
an insect and rodent control plan;	1138

(4) Procedures and standards for monitoring insect and rodent	1139
control plans;	1140

(5) Procedures and standards for enforcing insect and rodent	1141
control plans at concentrated animal feeding facilities at which	1142
insects or rodents constitute a nuisance or adversely affect	1143
public health;	1144

(6) The amount of civil penalties for violation of an insect	1145
and rodent control plan assessed by the director of agriculture	1146
under division (B) of section 903.16 of the Revised Code, provided	1147
that the rules adopted under division (D)(6) of this section shall	1148
not establish a civil penalty of more than ten thousand dollars	1149
for a violation involving a concentrated animal feeding facility	1150
with a total design capacity of ten thousand or fewer animal units	1151
that is not a major concentrated animal feeding facility and shall	1152
not establish a civil penalty of more than twenty-five thousand	1153
dollars for a violation involving a major concentrated animal	1154
feeding facility;	1155

(7) The time period within which the director must approve or	1156
deny an insect and rodent control plan after receiving it;	1157

(8) Any other provisions necessary to administer and enforce	1158
section 903.12 of the Revised Code.	1159

(E) Establish all of the following concerning livestock	1160
manager certification required under section 903.07 of the Revised	1161
Code:	1162

(1) The information to be included in an application for a	1163
livestock manager certification and the amount of the application	1164
fee;	1165

(2) The content of the training required to be completed and	1166
of the examination required to be passed by an applicant for a	1167
livestock manager certification. The training shall include and	1168
the examination shall test the applicant's knowledge of	1169
information on topics that include calculating nutrient values in	1170
manure, devising and implementing a plan for the land application	1171
of manure, removing manure held in a manure storage or treatment	1172
facility, and following best management practices established in	1173
rules for disposal of dead animals and manure management,	1174
including practices that control odor and protect the environment.	1175
The director may specify other types of recognized training	1176
programs that, if completed, are considered to satisfy the	1177
training and examination requirement.	1178

(3) Criteria and procedures for the issuance, denial,	1179
suspension, revocation, or reinstatement of a livestock manager	1180
certification;	1181

(4) The length of time during which livestock manager	1182
certifications will be valid and procedures for their renewal;	1183

(5) The volume of manure that must be transported, bought, or	1184
sold annually by a person in order for the person to be required	1185
to obtain a livestock manager certification under division (A)(2)	1186
of section 903.07 of the Revised Code;	1187

(6) Any other provisions necessary to administer and enforce	1188
section 903.07 of the Revised Code.	1189

(F) Establish all of the following concerning NPDES permits:

1190

(1) The designation of concentrated animal feeding operations	1191
that are subject to NPDES permit requirements under section 903.08	1192
of the Revised Code. This designation shall include only those	1193
point sources for which the issuance of NPDES permits is required	1194
under the Federal Water Pollution Control Act.	1195

(2) Effluent limitations governing discharges into waters of	1196
the state that are authorized by permits;	1197

(3) Variances from effluent limitations and other permit	1198
requirements to the extent that the variances are consistent with	1199
the Federal Water Pollution Control Act;	1200

(4) Terms and conditions to be included in a permit,	1201
including, as applicable, best management practices; installation	1202
of discharge or water quality monitoring methods or equipment;	1203
creation and retention of records; submission of periodic reports;	1204
schedules of compliance; net volume, net weight, and, where	1205
necessary, concentration and mass loading limits of manure that	1206
may be discharged into waters of the state; and authorized	1207
duration and frequency of any discharges into waters of the state;	1208

(5) Procedures for the submission of applications for permits	1209
and notices of intent to be covered by general permits, including	1210
information that must be included in the applications and notices;	1211

(6) The amount of the fee that must be submitted with an	1212
application for a permit;	1213

(7) Procedures for processing permit applications, including	1214
public notice and participation requirements;	1215

(8) Procedures for notifying the United States environmental	1216
protection agency of the submission of permit applications, the	1217
director's action on those applications, and any other reasonable	1218
and relevant information;	1219

(9) Procedures for notifying and receiving and responding to	1220
recommendations from other states whose waters may be affected by	1221
the issuance of a permit;	1222

(10) Procedures for the transfer of permits to new owners or	1223
operators;	1224

(11) Grounds and procedures for the issuance, denial,	1225
modification, suspension, or revocation of permits, including	1226
general permits;	1227

(12) A definition of "general NPDES permit" that establishes	1228
categories of point sources to be covered under such a permit and	1229
a definition of "individual NPDES permit" together with the	1230
criteria for issuing a general NPDES permit and the criteria for	1231
determining a person's eligibility to discharge under a general	1232
NPDES permit.	1233

The rules adopted under division (F) of this section shall be	1234
consistent with the requirements of the Federal Water Pollution	1235
Control Act.	1236

(G) Establish public notice and participation requirements,	1237
in addition to the procedures established in rules adopted under	1238
division (F)(7) of this section, for the issuance, denial,	1239
modification, transfer, suspension, and revocation of permits to	1240
install, permits to operate, and NPDES permits consistent with	1241
section 903.09 of the Revised Code, including a definition of what	1242
constitutes significant public interest for the purposes of	1243
divisiondivisions (A) and (F) of section 903.09 of the Revised	1244
Code and procedures for public meetings. The rules shall require	1245
that information that is presented at such a public meeting be	1246
limited to the criteria that are applicable to the permit	1247
application that is the subject of the public meeting.	1248

(H) Establish the amount of civil penalties assessed by the	1249
director of agriculture under division (B) of section 903.16 of	1250
the Revised Code for violation of the terms and conditions of a	1251
permit to install, permit to operate, or review compliance	1252
certificate, provided that the rules adopted under this division	1253
shall not establish a civil penalty of more than ten thousand	1254
dollars per day for each violation;	1255

(I) Establish procedures for the protection of trade secrets	1256
from public disclosure. The procedures shall authorize the release	1257
of trade secrets to officers, employees, or authorized	1258
representatives of the state, another state, or the United States	1259
when necessary for an enforcement action brought under this	1260
chapter or when otherwise required by the Federal Water Pollution	1261
Control Act. The rules shall require at least ten days' written	1262
notice to the person to whom a trade secret applies prior to the	1263
release of the trade secret. Rules adopted under this division do	1264
not apply to any information that is contained in applications,	1265
including attachments, for NPDES permits and that is required to	1266
be submitted under section 903.08 of the Revised Code or rules	1267
adopted under division (F) of this section.	1268

(J) Establish any other provisions necessary to administer	1269
and enforce this chapter.	1270

Sec. 903.16.  (A) The director of agriculture may propose to	1271
require corrective actions and assess a civil penalty against an	1272
owner or operator of a concentrated animal feeding facility if the	1273
director or the director's authorized representative determines	1274
that the owner or operator is not in compliance with section	1275
903.02, 903.03, or 903.04 of the Revised Code, the terms and	1276
conditions of a permit to install, permit to operate, or review	1277
compliance certificate issued for the concentrated animal feeding	1278
facility, including the requirements established under division	1279
(C) of section 903.06 or division (A) of section 903.07 of the	1280
Revised Code, or rules adopted under division (A) of section	1281
903.10 of the Revised Code. However, the director may impose a	1282
civil penalty only if all of the following occur:	1283

(1) The owner or operator is notified in writing of the	1284
deficiencies resulting in noncompliance, the actions that the	1285
owner or operator must take to correct the deficiencies, and the	1286
time period within which the owner or operator must correct the	1287
deficiencies and attain compliance.	1288

(2) After the time period specified in the notice has	1289
elapsed, the director or the director's duly authorized	1290
representative has inspected the concentrated animal feeding	1291
facility, determined that the owner or operator is still not in	1292
compliance, and issued a notice of an adjudication hearing.	1293

(3) The director affords the owner or operator an opportunity	1294
for an adjudication hearing under Chapter 119. of the Revised Code	1295
to challenge the director's determination that the owner or	1296
operator is not in compliance or the imposition of the civil	1297
penalty, or both. However, the owner or operator may waive the	1298
right to an adjudication hearing.	1299

(B) If the opportunity for an adjudication hearing is waived	1300
or if, after an adjudication hearing, the director determines that	1301
a violation has occurred or is occurring, the director may issue	1302
an order requiring compliance and assess the civil penalty. The	1303
order and the assessment of the civil penalty may be appealed in	1304
accordance with section 119.12 of the Revised Code.	1305

Civil penalties shall be assessed under this division as	1306
follows:	1307

(1) A person who has violated section 903.02, 903.03, or	1308
903.04 of the Revised Code, the terms and conditions of a permit	1309
to install, permit to operate, or review compliance certificate,	1310
or rules adopted under division (A) of section 903.10 of the	1311
Revised Code shall pay a civil penalty in an amount established in	1312
rules unless the violation is of the requirements established	1313
under division (C) of section 903.06 or division (A) of section	1314
903.07 of the Revised Code.	1315

(2) A person who has violated the requirements established	1316
under division (C) of section 903.06 of the Revised Code shall pay	1317
a civil penalty in an amount established in rules for each	1318
violation. Each seven-day period during which a violation	1319
continues constitutes a separate violation.	1320

(3) A person who has violated the requirements established	1321
under division (A) of section 903.07 of the Revised Code shall pay	1322
a civil penalty of not more than ten thousand dollars for each	1323
violation. Each thirty-day period during which a violation	1324
continues constitutes a separate violation.	1325

(C) The attorney general, upon the written request of the	1326
director, shall bring an action for an injunction in any court of	1327
competent jurisdiction against any person violating or threatening	1328
to violate section 903.02, 903.03, or 903.04 of the Revised Code;	1329
the terms and conditions of a permit to install, permit to	1330
operate, or review compliance certificate, including the	1331
requirements established division (C) of section 903.06 or	1332
division (A) of section 903.07 of the Revised Code; rules adopted	1333
under division (A) of section 903.10 of the Revised Code; or an	1334
order issued under division (B) of this section.	1335

(D)(1) In lieu of seeking civil penalties under division (A)	1336
of this section, the director may request the attorney general, in	1337
writing, to bring an action for a civil penalty in a court of	1338
competent jurisdiction against any person that has violated or is	1339
violating the terms and conditions of a permit to install, permit	1340
to operate, or review compliance certificate, including the	1341
requirements established under division (C) of section 903.06 or	1342
division (A) of section 903.07 of the Revised Code.	1343

(2) The director may request the attorney general, in	1344
writing, to bring an action for a civil penalty in a court of	1345
competent jurisdiction against any person that has violated or is	1346
violating section 903.02, 903.03, or 903.04 of the Revised Code,	1347
rules adopted under division (A) of section 903.10 of the Revised	1348
Code, or an order issued under division (B) of this section.	1349

(3) A person who has committed a violation for which the	1350
attorney general may bring an action for a civil penalty under	1351
division (D)(1) or (2) of this section shall pay a civil penalty	1352
of not more than ten thousand dollars per violation. Each day that	1353
a violation continues constitutes a separate violation.	1354

Sec. 903.20.  (A) There is hereby created the concentrated	1355
animal feeding facility advisory committee consisting of the	1356
directors of agriculture, development, environmental protection,	1357
and natural resources and the dean of the college of food,	1358
agricultural, and environmental sciences of the Ohio state	1359
university, or their designees, as members ex officio, and sixteen	1360
members to be appointed by the director of agriculture. Of the	1361
appointed members, one shall be an elected local government	1362
official whose jurisdiction has a concentrated animal feeding	1363
facility located in it at the time that the official is appointed	1364
to the committee, one shall be a person who is licensed to	1365
practice veterinary medicine under Chapter 4741. of the Revised	1366
Code, one shall represent the interests of poultry producers, one	1367
shall represent the interests of swine producers, one shall	1368
represent the interests of dairy farmers, one shall represent the	1369
interests of beef cattle producers, one shall represent the	1370
interests of sheep producers, one shall represent the interests of	1371
drinking water utilities, one shall represent the interests of	1372
wastewater utilities, one shall represent the Ohio environmental	1373
health association, two shall represent the interests of statewide	1374
environmental advocacy organizations, and four shall represent the	1375
interests of the public. Prior to making the appointment of the	1376
member who is an elected local government official, the director	1377
shall solicit a list of suggested candidates from the appropriate	1378
statewide associations that represent the interests of local	1379
governments. Prior to making an appointment of a member	1380
representing the interests of poultry, swine, beef cattle, or	1381
sheep producers or dairy farmers, the director shall solicit from	1382
the appropriate statewide trade associations a list of suggested	1383
candidates to represent the interests of the species category on	1384
the committee. The members representing the public shall not be	1385
owners or operators of concentrated animal feeding facilities or	1386
associated with such facilities by contract.	1387

Not later than thirty days after the effective date of this	1388
sectionMarch 15, 2001, the director shall make appointments to	1389
the committee. Of the initial appointments, six shall be for terms	1390
ending one year after the effective date of this sectionMarch 15,	1391
2001, five shall be for terms ending two years after the effective	1392
date of this sectionMarch 15, 2001, and five shall be for terms	1393
ending three years after the effective date of this sectionMarch	1394
15, 2001. Thereafter, terms of office shall be for three years,	1395
with each term ending on the same day of the same month as did the	1396
term that it succeeds. Each member shall hold office from the date	1397
of appointment until the end of the term for which the member was	1398
appointed. Members may be reappointed. Vacancies shall be filled	1399
in the manner provided for original appointments. Any member	1400
appointed to fill a vacancy occurring prior to the expiration date	1401
of the term for which the member's predecessor was appointed shall	1402
hold office for the remainder of that term. A member shall	1403
continue in office subsequent to the expiration date of the	1404
member's term until the member's successor takes office or until a	1405
period of sixty days has elapsed, whichever occurs first.	1406

The committee shall meet at times that the chairperson or a	1407
majority of the committee members considers appropriate, provided	1408
that no meeting shall be held on the call of the chairperson	1409
unless at least seven days' written notice first is provided to	1410
all members of the committee. At the first meeting of the	1411
committee in each calendar year, the director of agriculture shall	1412
designate one member of the committee to serve as its chairperson	1413
and one member to serve as its vice-chairperson. A majority vote	1414
of the members of the committee is necessary to take action on any	1415
matter. A vacancy on the committee does not impair the right of	1416
the other members to exercise all of the committee's powers.	1417

Serving as an appointed member of the committee does not	1418
constitute holding a public office or position of employment under	1419
the laws of this state and does not constitute grounds for removal	1420
of public officers or employees from their offices or positions of	1421
employment. The director of agriculture, after notice and a public	1422
meeting, may remove any appointed member of the committee for	1423
misfeasance, nonfeasance, or malfeasance in office.	1424

Appointed members of the committee shall serve without	1425
compensation for attending committee meetings. Members of the	1426
committee shall be reimbursed for their actual and necessary	1427
expenses incurred in the performance of official duties as members	1428
of the committee.	1429

(B) The committee may do either or both of the following:

1430

(1) Adopt rules or procedures governing the conduct of its	1431
internal affairs;	1432

(2) Request from the director of agriculture, and the	1433
director shall provide, meeting space, staff support, services,	1434
and data to enable it to carry out its functions.	1435

(C) The committee shall do all of the following:

1436

(1) Advise the director of agriculture in the administration	1437
of this chapter;	1438

(2) Keep abreast of advances in manure management practices	1439
and annually advise the directors of agriculture, environmental	1440
protection, and natural resources of the recent advances in those	1441
areas and regarding the need for amending what constitutes best	1442
management practices;	1443

(3) In consultation with the director of agriculture, prepare	1444
and, upon request, distribute written materials designed to assist	1445
persons who propose to establish a new or modify an existing	1446
concentrated animal feeding facility in applying for a permit to	1447
install or permit to operate. The materials also shall include	1448
information stating that, in addition to obtaining a permit to	1449
operate, it may be necessary to obtain a NPDES permit for the	1450
discharge of manure or storm water. In addition, the written	1451
materials shall include information on the meaning of a "complete	1452
application" for all of the permits, information on the public	1453
meeting process in connection with the relevant permits issued	1454
under this chapter, and a summary of the antidegradation policy	1455
established under section 6111.12 of the Revised Code together	1456
with an indication of the possibility that the owner's or	1457
operator's proposed new or modified disposal system for manure or	1458
discharges may be subject to that policy.	1459

(4) Not later than twelve months after the effective date of	1460
this section, conduct an examination of the scientific	1461
appropriateness of the definition of "animal unit" in section	1462
903.01 of the Revised Code and prepare and submit to the general	1463
assembly, the governor, and the directors of agriculture,	1464
environmental protection, and natural resources the committee's	1465
findings and any recommendations for legislative changes in that	1466
definition that are necessary or appropriate to reflect on a more	1467
scientific basis manure generation rates among livestock species	1468
and types of concentrated animal feeding facilities.	1469

(D) Section 101.84Sections 101.82 to 101.87 of the Revised	1470
Code doesdo not apply to the committee.	1471

Section 2. That existing sections 307.204, 505.266, 903.01,	1472
903.02, 903.04, 903.08, 903.09, 903.10, 903.16, and 903.20 of the	1473
Revised Code are hereby repealed.	1474