As Passed by the House

125th General Assembly Regular Session 2003-2004

Am. Sub. H. B. No. 152

Representatives Reinhard, Aslanides, Setzer, Niehaus, Gibbs, Distel, C. Evans, Schlichter, Faber, Carmichael, Widener, Walcher, Blasdel, Buehrer, Callender, Carano, Cates, Clancy, Collier, Core, Daniels, DeBose, DeWine, Fessler, Flowers, Hagan, Hartnett, Harwood, Hollister, Hoops, Hughes, Husted, Kearns, Key, McGregor, S. Patton, T. Patton, Peterson, Raga, Schmidt, Schneider, Seaver, Seitz, J. Stewart, Taylor, Webster, Wolpert 

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A BILL

To amend sections 307.204, 505.266, 903.01, 903.02,

1

903.04, 903.07, 903.08, 903.09, 903.10, 903.16,

2

903.20, 6111.03, 6111.04, and 6111.44 and to enact

3

sections 903.081 and 903.082 of the Revised Code

4

to revise the statutes governing animal feeding

5

facilities.

6

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

Section 1. That sections 307.204, 505.266, 903.01, 903.02,	7
903.04, 903.07, 903.08, 903.09, 903.10, 903.16, 903.20, 6111.03,	8
6111.04, and 6111.44 be amended and sections 903.081 and 903.082	9
of the Revised Code be enacted to read as follows:	10

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

11

(1) "Animal unit," "concentratedConcentrated animal feeding	12
facility," and "major concentrated animal feeding facility" have	13
the same meanings as in section 903.01 of the Revised Code.	14

(2) "Facility" means a proposed new or expanded major	15
concentrated animal feeding facility.	16

(3) "Improvement" means the construction, modification, or	17
both of county infrastructure.	18

(B) A person who proposes to do any of the following shall	19
provide written notification as required under division (C) of	20
this section to the board of county commissioners of the county in	21
which a facility is or is to be located:	22

(1) Establish a new major concentrated animal feeding	23
facility;	24

(2) Increase the number of animal units of design capacity of	25
an existing major concentrated animal feeding facility by ten per	26
cent or more in excess of the design capacity set forth in the	27
current permit for construction or modification of the facility or	28
for installation or modification of the disposal system for manure	29
at the facility issued under section 903.02 or division (J) of	30
section 6111.03 of the Revised Code, as applicable;	31

(3) Increase the number of animal units of design capacity of	32
an existing concentrated animal feeding facility by ten per cent	33
or more in excess of the design capacity set forth in the current	34
permit for construction or modification of the facility or for	35
installation or modification of the disposal system for manure at	36
the facility issued under section 903.02 or division (J) of	37
section 6111.03 of the Revised Code, as applicable, and to a	38
design capacity of more than ten thousand animal unitstimes the	39
number of animals specified in any of the categories in division	40
(H) of section 903.01 of the Revised Code.	41

(C) The person shall notify the board in writing by certified	42
mail of the proposed construction or expansion of the facility and	43
include the following information:	44

(1) The anticipated travel routes of motor vehicles to and	45
from the facility;	46

(2) The anticipated number and weights of motor vehicles	47
traveling to and from the facility.	48

(D) At the request of the board, the county engineer may	49
review the written notification and advise the board on both of	50
the following:	51

(1) Improvements and maintenance of improvements that are	52
reasonably needed in order to accommodate the impact on county	53
infrastructure that is anticipated as a result of the facility,	54
including increased travel or the types of vehicles on county	55
roads;	56

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

57

Not later than ten days after receiving the written	58
notification, the board may request the person to provide	59
additional reasonable and relevant information regarding the	60
impact of the facility on county infrastructure. The person shall	61
provide the information not later than ten days after the request	62
is made.	63

(E)(1) Not later than thirty days after the initial written	64
notification is received by the board, the board shall submit to	65
the person its recommendations, if any, concerning the	66
improvements that will be needed as a result of the facility and	67
the cost of those improvements.	68

(2) Not later than fifteen days after receipt of the board's	69
recommendations, the person shall notify the board either that the	70
person agrees with the recommendations and will implement them or	71
that the person is submitting reasonable alternative	72
recommendations or modifications to the board. If the person	73
agrees with the recommendations, they shall be considered to be	74
the board's final recommendations.	75

(3) If the board receives alternative recommendations or	76
modifications under division (E)(2) of this section, the board	77
shall select final recommendations and submit them to the person	78
not later than thirty days after the receipt of the alternative	79
recommendations or modifications.	80

(F) The board shall prepare a written, dated statement	81
certifying that the written notification required under this	82
section was submitted and that final recommendations were selected	83
regarding needed improvements and the costs of those improvements.	84
The board shall provide the person with the original of the	85
statement so that the person can include it with the application	86
for a permit to install for the facility as required under	87
division (C)(4) of section 903.02 of the Revised Code. The board	88
shall retain a copy of the statement for its records.	89

(G) The person shall construct, modify, and maintain or	90
finance the construction, modification, and maintenance of	91
improvements as provided in the board's final recommendations and	92
with the approval and oversight of the county engineer. If the	93
person fails to do so, the board shall notify the person by	94
certified mail that the board intends to initiate mediation with	95
the person if the person remains out of compliance with the final	96
recommendations.	97

The board shall allow sufficient time for the person to apply	98
for and proceed to obtain, for the purpose of financing the	99
construction, modification, or maintenance of the improvements,	100
exemptions from taxation under sections 5709.63, 5709.632,	101
5709.73, and 5709.78 of the Revised Code or state or federal	102
grants that may be available.	103

If the person remains out of compliance with the final	104
recommendations, the board may initiate mediation with the person	105
in order to resolve the differences between them. If mediation	106
fails to resolve the differences, the board and the person first	107
shall attempt to resolve the differences through any legal	108
remedies before seeking redress through a court of common pleas.	109

(H) If the person subsequently submits an application under	110
section 903.02 of the Revised Code for a permit to modify the	111
facility, or if the routes of travel to or from the facility	112
change for any reason other than road construction conducted by	113
the county, the board or the person may request that additional	114
information be provided in writing and shall proceed as provided	115
in this section for the notification and recommendation	116
proceedings.	117

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

118

(1) "Animal unit," "concentratedConcentrated animal feeding	119
facility," and "major concentrated animal feeding facility" have	120
the same meanings as in section 903.01 of the Revised Code.	121

(2) "Facility" means a proposed new or expanded major	122
concentrated animal feeding facility.	123

(3) "Improvement" means the construction, modification, or	124
both of township infrastructure.	125

(B) A person who proposes to do any of the following shall	126
provide written notification as required under division (C) of	127
this section to the board of township trustees of the township in	128
which a facility is or is to be located:	129

(1) Establish a new major concentrated animal feeding	130
facility;	131

(2) Increase the number of animal units of design capacity of	132
an existing major concentrated animal feeding facility by ten per	133
cent or more in excess of the design capacity set forth in the	134
current permit for construction or modification of the facility or	135
for installation or modification of the disposal system for manure	136
at the facility issued under section 903.02 or division (J) of	137
section 6111.03 of the Revised Code, as applicable;	138

(3) Increase the number of animal units of design capacity of	139
an existing concentrated animal feeding facility by ten per cent	140
or more in excess of the design capacity set forth in the current	141
permit for construction or modification of the facility or for	142
installation or modification of the disposal system for manure at	143
the facility issued under section 903.02 or division (J) of	144
section 6111.03 of the Revised Code, as applicable, and to a	145
design capacity of more than ten thousand animal unitstimes the	146
number of animals specified in any of the categories in division	147
(M) of section 903.01 of the Revised Code.	148

(C) The person shall notify the board in writing by certified	149
mail of the proposed construction or expansion of the facility and	150
include the following information:	151

(1) The anticipated travel routes of motor vehicles to and	152
from the facility;	153

(2) The anticipated number and weights of motor vehicles	154
traveling to and from the facility.	155

(D) At the request of the board, the county engineer may	156
review the written notification and advise the board on both of	157
the following:	158

(1) Improvements and maintenance of improvements that are	159
reasonably needed in order to accommodate the impact on township	160
infrastructure that is anticipated as a result of the facility,	161
including increased travel or the types of vehicles on township	162
roads;	163

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

164

Not later than ten days after receiving the written	165
notification, the board may request the person to provide	166
additional reasonable and relevant information regarding the	167
impact of the facility on township infrastructure. The person	168
shall provide the information not later than ten days after the	169
request is made.	170

(E)(1) Not later than thirty days after the initial written	171
notification is received by the board, the board shall submit to	172
the person its recommendations, if any, concerning the	173
improvements that will be needed as a result of the facility and	174
the cost of those improvements.	175

(2) Not later than fifteen days after receipt of the board's	176
recommendations, the person shall notify the board either that the	177
person agrees with the recommendations and will implement them or	178
that the person is submitting reasonable alternative	179
recommendations or modifications to the board. If the person	180
agrees with the recommendations, they shall be considered to be	181
the board's final recommendations.	182

(3) If the board receives alternative recommendations or	183
modifications under division (E)(2) of this section, the board	184
shall select final recommendations and submit them to the person	185
not later than thirty days after the receipt of the alternative	186
recommendations or modifications.	187

(F) The board shall prepare a written, dated statement	188
certifying that the written notification required under this	189
section was submitted and that final recommendations were selected	190
regarding needed improvements and the costs of those improvements.	191
The board shall provide the person with the original of the	192
statement so that the person can include it with the application	193
for a permit to install for the facility as required under	194
division (C)(4) of section 903.02 of the Revised Code. The board	195
shall retain a copy of the statement for its records.	196

(G) The person shall construct, modify, and maintain or	197
finance the construction, modification, and maintenance of	198
improvements as provided in the board's final recommendations and	199
with the approval and oversight of the county engineer. If the	200
person fails to do so, the board shall notify the person by	201
certified mail that the board intends to initiate mediation with	202
the person if the person remains out of compliance with the final	203
recommendations.	204

The board shall allow sufficient time for the person to apply	205
for and proceed to obtain, for the purpose of financing the	206
construction, modification, or maintenance of the improvements,	207
exemptions from taxation under sections 5709.63, 5709.632,	208
5709.73, and 5709.78 of the Revised Code or state or federal	209
grants that may be available.	210

If the person remains out of compliance with the final	211
recommendations, the board may initiate mediation with the person	212
in order to resolve the differences between them. If mediation	213
fails to resolve the differences, the board and the person first	214
shall attempt to resolve the differences through any legal	215
remedies before seeking redress through a court of common pleas.	216

(H) If the person subsequently submits an application under	217
section 903.02 of the Revised Code for a permit to modify the	218
facility, or if the routes of travel to or from the facility	219
change for any reason other than road construction conducted by	220
the township, the board or the person may request that additional	221
information be provided in writing and shall proceed as provided	222
in this section for the notification and recommendation	223
proceedings.	224

Sec. 903.01.  As used in this chapter:

225

(A) "Agricultural animal" means any animal generally used for	226
food or in the production of food, including cattle, sheep, goats,	227
rabbits, poultry, and swine; horses; and any other animal included	228
by the director of agriculture by rule. "Agricultural animal" does	229
not include fish or other aquatic animals regardless of whether	230
they are raised at fish hatcheries, fish farms, or other	231
facilities that raise aquatic animals.	232

(B) "Animal feeding facility" means a lot, or building, or	233
structure where both of the following conditions are met:	234

(1) Animals, other than aquaticAgricultural animals, have	235
been, are, or will be stabled or confined and fed or maintained	236
there for a total of forty-five days or more in any twelve-month	237
period.	238

(2) Crops, vegetative forage growth, or post-harvest residues	239
are not sustained in the normal growing season over any portion of	240
the lot, building, or structure.	241

"Animal feeding facility" also includes land that is owned or	242
leased by or otherwise is under the control of the owner or	243
operator of the lot, building, or structure and on which manure	244
originating from agricultural animals in the lot, building, or	245
structure or a production area is or may be applied. "Animal	246
feeding facility" does not include a hatchery, fish farm, or other	247
facility that raises aquatic animals.	248

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

(G) "Discharge" means to add from a point source to waters of	287
the state.	288

(H) "Federal Water Pollution Control Act" means the "Federal	289
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33	290
U.S.C. 1251 et. seq., as amended, and regulations adopted under	291
it.	292

(I) "Finalized," with respect to the programs required under	293
division (A)(1) of section 903.02 and division (A)(1) of section	294
903.03 of the Revised Code, means that all rules that are	295
necessary for the administration of this chapter have been adopted	296
and all employees of the department of agriculture that are	297
necessary for the administration of this chapter have been	298
employed.	299

(J) "General permit" has the meaning that is established in	300
rules.	301

(K) "Individual permit" has the meaning that is established	302
in rules.	303

(L) "Installation permit" means a permit for the installation	304
or modification of a disposal system or any part of a disposal	305
system issued by the director of environmental protection under	306
division (J)(1) of section 6111.03 of the Revised Code.	307

(M) "Large concentrated animal feeding operation" means an	308
animal feeding facility that stables or confines at least the	309
number of animals specified in any of the following categories:	310

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

311

(2) One thousand veal calves;

312

(3) One thousand cattle other than mature dairy cattle or	313
veal calves;	314

(4) Two thousand five hundred swine that each weigh	315
fifty-five pounds or more;	316

(5) Ten thousand swine that each weigh less than fifty-five	317
pounds;	318

(6) Five hundred horses;

319

(7) Ten thousand sheep or lambs;

320

(8) Fifty-five thousand turkeys;

321

(9) Thirty thousand laying hens or broilers if the animal	322
feeding facility uses a liquid manure handling system;	323

(10) One hundred twenty-five thousand chickens, other than	324
laying hens, if the animal feeding facility uses a manure handling	325
system that is not a liquid manure handling system;	326

(11) Eighty-two thousand laying hens if the animal feeding	327
facility uses a manure handling system that is not a liquid manure	328
handling system;	329

(12) Thirty thousand ducks if the animal feeding facility	330
uses a manure handling system that is not a liquid manure handling	331
system;	332

(13) Five thousand ducks if the animal feeding facility uses	333
a liquid manure handling system.	334

(N) "Major concentrated animal feeding facility" means a	335
concentrated animal feeding facility with a total design capacity	336
of more than ten thousand animal unitstimes the number of animals	337
specified in any of the categories in division (M) of this	338
section.	339

(N)(O) "Manure" means any of the following wastes used in or	340
resulting from the production of agricultural animals or direct	341
agricultural products such as milk or eggs: animal excreta,	342
discarded products, bedding, process waste water, process	343
generated waste water, waste feed, silage drainage, and compost	344
products resulting from mortality composting or the composting of	345
animal excreta.	346

(O)(P) "Manure storage or treatment facility" means any	347
excavated, diked, or walled structure or combination of structures	348
designed for the biological stabilization, holding, or storage of	349
manure.	350

(P)(Q) "Medium concentrated animal feeding operation" means	351
an animal feeding facility that satisfies both of the following:	352

(1) The facility stables or confines the number of animals	353
specified in any of the following categories:	354

(a) Two hundred to six hundred ninety-nine mature dairy	355
cattle whether milked or dry;	356

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

357

(c) Three hundred to nine hundred ninety-nine cattle other	358
than mature dairy cattle or veal calves;	359

(d) Seven hundred fifty to two thousand four hundred	360
ninety-nine swine that each weigh fifty-five pounds or more;	361

(e) Three thousand to nine thousand nine hundred ninety-nine	362
swine that each weigh less than fifty-five pounds;	363

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

364

(g) Three thousand to nine thousand nine hundred ninety-nine	365
sheep or lambs;	366

(h) Sixteen thousand five hundred to fifty-four thousand nine	367
hundred ninety-nine turkeys;	368

(i) Nine thousand to twenty-nine thousand nine hundred	369
ninety-nine laying hens or broilers if the animal feeding facility	370
uses a liquid manure handling system;	371

(j) Thirty-seven thousand five hundred to one hundred	372
twenty-four thousand nine hundred ninety-nine chickens, other than	373
laying hens, if the animal feeding facility uses a manure handling	374
system that is not a liquid manure handling system;	375

(k) Twenty-five thousand to eighty-one thousand nine hundred	376
ninety-nine laying hens if the animal feeding facility uses a	377
manure handling system that is not a liquid manure handling	378
system;	379

(l) Ten thousand to twenty-nine thousand nine hundred	380
ninety-nine ducks if the animal feeding facility uses a manure	381
handling system that is not a liquid manure handling system;	382

(m) One thousand five hundred to four thousand nine hundred	383
ninety-nine ducks if the animal feeding facility uses a liquid	384
manure handling system.	385

(2) The facility does one of the following:

386

(a) Discharges pollutants into waters of the United States	387
through a ditch constructed by humans, a flushing system	388
constructed by humans, or another similar device constructed by	389
humans;	390

(b) Discharges pollutants directly into waters of the United	391
States that originate outside of and that pass over, across, or	392
through the facility or otherwise come into direct contact with	393
the animals at the facility.	394

"Medium concentrated animal feeding operation" includes an	395
animal feeding facility that is designated by the director as a	396
medium concentrated animal feeding operation pursuant to rules.	397

(R) "Mortality composting" means the controlled decomposition	398
of organic solid material consisting of dead animals that	399
stabilizes the organic fraction of the material.	400

(Q)(S) "NPDES permit" means a permit issued under the	401
national pollutant discharge elimination system established in	402
section 402 of the Federal Water Pollution Control Act and	403
includes the renewal of such a permit. "NPDES permit" includes the	404
federally enforceable provisions of a permit to operate into which	405
NPDES permit provisions have been incorporated.	406

(R)(T) "Permit" includes an initial, renewed, or modified	407
permit to install, permit to operate, NPDES permit, and	408
installation permit unless expressly stated otherwise.	409

(S)(U) "Permit to install" means a permit issued under	410
section 903.02 of the Revised Code.	411

(T)(V) "Permit to operate" means a permit issued or renewed	412
under section 903.03 of the Revised Code and includes incorporated	413
NPDES permit provisions, if applicable.	414

(U)(W) "Person" means any legal entity defined as a person	415
under section 1.59 of the Revised Code, the state, any political	416
subdivision of the state, any interstate body created by compact,	417
the United States, or any department, agency, or instrumentality	418
of any of those entities.	419

(V)(X) "Point source" has the same meaning as in the Federal	420
Water Pollution Control Act.	421

(W)(Y) "Process generated waste water" means water that is	422
directly or indirectly used in the operation of an animal feeding	423
facility for any of the following:	424

(1) Spillage or overflow from animal watering systems;

425

(2) Washing, cleaning, or flushing pens, barns, manure pits,	426
or other areas of an animal feeding facility;	427

(3) Direct contact swimming, washing, or spray cooling of	428
animals;	429

(4) Dust control.

430

(X)(Z) "Process waste water" means any process generated	431
waste water and any precipitation, including rain or snow, that	432
comes into contact with manure, litter, bedding, or any other raw	433
material or intermediate or final material or product used in or	434
resulting from the production of animals or direct products such	435
as milk or eggs.	436

(Y)(AA) "Production area" means any of the following	437
components of an animal feeding facility:	438

(1) Animal confinement areas, including, but not limited to,	439
open lots, housed lots, feedlots, confinement houses, stall barns,	440
free stall barns, milkrooms, milking centers, cowyards, barnyards,	441
medication pens, animal walkways, and stables;	442

(2) Manure storage areas, including, but not limited to,	443
manure storage or treatment facilities;	444

(3) Raw material storage areas, including, but not limited	445
to, feed silos, silage bunkers, commodity buildings, and bedding	446
materials;	447

(4) Waste containment areas, including, but not limited to,	448
any of the following:	449

(a) An egg washing or egg processing facility;

450

(b) An area used in the storage, handling, treatment, or	451
disposal of mortalities;	452

(c) Settling basins, runoff ponds, liquid impoundments, and	453
areas within berms and diversions that are designed and maintained	454
to separate uncontaminated storm water runoff from contaminated	455
water and to contain and treat contaminated storm water runoff.	456

(BB) "Public meeting" means a nonadversarial public hearing	457
at which a person may present written or oral statements for the	458
director of agriculture's consideration and includes public	459
hearings held under section 6111.12 of the Revised Code.	460

(Z)(CC) "Review compliance certificate" means a certificate	461
issued under section 903.04 of the Revised Code.	462

(AA)(DD) "Rule" means a rule adopted under section 903.10 of	463
the Revised Code.	464

(BB)(EE) "Small concentrated animal feeding operation" means	465
an animal feeding facility that is not a large or medium	466
concentrated animal feeding operation and that is designated by	467
the director as a small concentrated animal feeding operation	468
pursuant to rules.	469

(FF) "Waters of the state" has the same meaning as in section	470
6111.01 of the Revised Code.	471

Sec. 903.02.  (A)(1) Not later than one hundred eighty days	472
after the effective date of this sectionMarch 15, 2001, the	473
director of agriculture shall prepare a program for the issuance	474
of permits to install under this section.	475

(2) On and after the date on which the director has finalized	476
the program required under division (A)(1) of this section, no	477
person shall modify an existing or construct a new concentrated	478
animal feeding facility without first obtaining a permit to	479
install issued by the director under this section.	480

(B) The director or the director's authorized representative	481
may help an applicant for a permit to install during the	482
permitting process by providing guidance and technical assistance.	483

(C) An applicant for a permit to install shall submit an	484
application to the director on a form that the director prescribes	485
and provides together with a fee in an amount established by rule.	486
The applicant shall include with the application all of the	487
following information:	488

(1) The name and address of the applicant, of all partners if	489
the applicant is a partnership or of all officers and directors if	490
the applicant is a corporation, and of any other person who has a	491
right to control or in fact controls management of the applicant	492
or the selection of officers, directors, or managers of the	493
applicant;	494

(2) The type of livestock and the number of animal units	495
animals that the concentrated animal feeding facility would have	496
the design capacity to raise or maintain;	497

(3) Designs and plans for the proposed construction of the	498
concentrated animal feeding facility that include the proposed	499
location of the construction, design and construction plans and	500
specifications, anticipated beginning and ending dates for work	501
performed, and any other information that the director requires by	502
rule;	503

(4) In the case of an application for a concentrated animal	504
feeding facility that meets the criteria established in sections	505
307.204 and 505.266 of the Revised Code, written statements from	506
the board of county commissioners of the county and the board of	507
township trustees of the township in which the concentrated animal	508
feeding facility would be located certifying that, in accordance	509
with those sections, the applicant has provided the boards with	510
the required written notification and that final recommendations	511
were selected regarding improvements, if any, to county or	512
township infrastructure that are needed as a result of the new or	513
expanded concentrated animal feeding facility and the costs of	514
those improvements;	515

(5) A statement of the quantity of water that the	516
concentrated animal feeding facility will utilize on an average	517
daily and annual basis, a detailed description of the basis for	518
the calculation utilized in determining the quantity of water	519
utilized, and a statement identifying the source for the water;	520

(6) Information concerning the applicant's past compliance	521
with the Federal Water Pollution Control Act required to be	522
provided under section 903.05 of the Revised Code, if applicable;	523

(7) Any other information required by rule.

524

Information required to be included in an application for the	525
modification of a permit to install, together with the applicable	526
fee amount, shall be established in rules.	527

(D) The director shall issue permits to install in accordance	528
with section 903.09 of the Revised Code. The director shall deny a	529
permit to install if either of the following applies:	530

(1) The permit application contains misleading or false	531
information.	532

(2) The designs and plans fail to conform to best management	533
practices.	534

Additional grounds for the denial of a permit to install	535
shall be those established in this chapter and rules.	536

(E) A permit to install shall expire after a period specified	537
by the director unless the applicant has undertaken a continuing	538
program of construction or has entered into a binding contractual	539
obligation to undertake and complete a continuing program of	540
construction within a reasonable time. The director may extend the	541
expiration date of a permit to install upon request of the	542
applicant.	543

(F) The director may modify, suspend, or revoke a permit to	544
install in accordance with rules.	545

(G) Nothing in this chapter affects section 1521.16 of the	546
Revised Code.	547

Sec. 903.04.  (A) As used in this section, "existing	548
concentrated animal feeding facility" or "existing facility" means	549
a concentrated animal feeding facility that was in existence prior	550
to the date on which the director of agriculture has finalized the	551
program required under division (A)(1) of section 903.03 of the	552
Revised Code and that has received an installation permit prior to	553
that date.	554

(B) On and after the date on which the director of	555
agriculture has finalized the program required under division	556
(A)(1) of section 903.02 of the Revised Code, the authority to	557
enforce terms and conditions of installation permits that	558
previously were issued to animal feeding facilities shall be	559
transferred from the director of environmental protection to the	560
director of agriculture. Thereafter, the director of environmental	561
protection shall have no authority to enforce the terms and	562
conditions of those installation permits. On and after the date on	563
which the director of agriculture has finalized the program	564
required under division (A)(1) of section 903.02 of the Revised	565
Code, an installation permit concerning which enforcement	566
authority has been transferred shall be deemed to have been issued	567
under this section.	568

(C) A person to whom an installation permit has been issued	569
by the director of environmental protection prior to the date on	570
which the director of agriculture has finalized the program	571
required under division (A)(1) of section 903.03 of the Revised	572
Code may continue to operate under that permit until either of the	573
following occurs:	574

(1) The installation permit is terminated through the denial	575
of a review compliance certificate under division (F) of this	576
section.	577

(2) The person is required under division (H) of this section	578
to obtain a permit to operate.	579

(D) Except as otherwise provided in this division, on and	580
after the date that is two years after the date on which the	581
director has finalized the program required under division (A)(1)	582
of section 903.03 of the Revised Code, and until the issuance of a	583
permit to operate, no person shall operate an existing	584
concentrated animal feeding facility unless the person holds a	585
review compliance certificate.	586

This division does not apply to a person who has made a	587
timely submittal of the information required under division (E)(2)	588
of this section and who is waiting for the director to issue or	589
deny a review compliance certificate. Such a person may continue	590
the operation of the existing concentrated animal feeding facility	591
until, if applicable, the director issues an order denying the	592
review compliance certificate.	593

(E) Not later than two years after the date on which the	594
director has finalized the program required under division (A)(1)	595
of section 903.03 of the Revised Code, both of the following	596
apply:	597

(1) The director shall review the installation permit that	598
previously was issued to an existing concentrated animal feeding	599
facility and shall inspect the facility to determine if it is in	600
compliance with that permit.	601

(2) Except as otherwise provided in division (E)(2) of this	602
section, the owner or operator of an existing concentrated animal	603
feeding facility shall furnish all of the following to the	604
director on a form prescribed by the director:	605

(a) The name and address of the owner, of all partners if the	606
owner is a partnership or of all officers and directors if the	607
owner is a corporation, and of any other person who has a right to	608
control or in fact controls management of the facility or the	609
selection of officers, directors, or managers of the facility;	610

(b) The type of livestock and number of animal unitsanimals	611
that the facility has the design capacity to raise or maintain;	612

(c) A manure management plan for the facility that conforms	613
to best management practices regarding the handling, storage,	614
transportation, and land application of manure generated at the	615
facility and that contains any other information required by rule;	616

(d) An insect and rodent control plan for the facility that	617
conforms to best management practices and is prepared in	618
accordance with section 903.06 of the Revised Code;	619

(e) In the case of a major concentrated animal feeding	620
facility, written proof that the person who would be responsible	621
for the supervision of the management and handling of manure at	622
the facility has been issued a livestock manager certification in	623
accordance with section 903.07 of the Revised Code.	624

The owner or operator need not furnish any information	625
otherwise required under division (E)(2) of this section if that	626
information is included in the installation permit that was issued	627
for the existing facility.	628

(F) After a review of the existing installation permit, an	629
inspection of the facility, and a review of the information	630
furnished under division (E)(2) of this section, and upon	631
determining that the existing facility is being operated in a	632
manner that protects the waters of the state and minimizes the	633
presence and negative effects of insects and rodents at the	634
facility and in surrounding areas, the director shall issue an	635
order issuing a review compliance certificate to the facility. In	636
issuing the certificate, the director shall consider technical	637
feasibility and economic costs. The director shall not require a	638
significant capital expenditure, as defined by rule, by the	639
facility before issuing a certificate.	640

The director may issue an order denying a review compliance	641
certificate if the facility's insect and rodent control plan or	642
manure management plan does not conform to best management	643
practices and the requirements established in section 903.06 of	644
the Revised Code and in rules. The denial of a review compliance	645
certificate terminates the existing installation permit that was	646
issued to the facility.	647

The issuance of a review compliance certificate shall not	648
require public notice or a public meeting. However, notice shall	649
be provided to persons who own property that is contiguous to the	650
production area of the concentrated animal feeding facility for	651
which the review compliance certificate is to be issued. Such	652
persons may submit written comments to the director within a time	653
established by the director.	654

The issuance of a review compliance certificate shall not be	655
subject to appeal under Chapter 119. or sections 3745.04 to	656
3745.06 of the Revised Code. The denial or revocation of a review	657
compliance certificate or the amendment of an installation permit	658
resulting from a certificate may be challenged by the applicant in	659
an administrative hearing in accordance with Chapter 119. of the	660
Revised Code, except that section 119.12 of the Revised Code does	661
not apply. An order of the director that denies or revokes a	662
certificate or amends an installation permit as a result of a	663
certificate may be appealed to the environmental review appeals	664
commission under sections 3745.04 to 3745.06 of the Revised Code.	665

(G) Upon the issuance of a review compliance certificate, the	666
certificate automatically shall merge and become a part of the	667
previously issued installation permit. If any of the terms and	668
conditions of the installation permit and the review compliance	669
certificate are in conflict, the terms and conditions of the	670
review compliance certificate are controlling.	671

(H)(1) A review compliance certificate is valid for a period	672
of five years. Not later than one hundred eighty days prior to the	673
expiration date of the review compliance certificate, the owner or	674
operator shall apply for a permit to operate.	675

(2) The director may revoke a review compliance certificate	676
issued to an existing facility after the director has issued an	677
order as a result of a hearing held under Chapter 119. of the	678
Revised Code in which the facility has been found to be in	679
violation of the terms and conditions of the review compliance	680
certificate. An existing facility whose review compliance	681
certificate is revoked shall obtain a permit to operate and, if	682
applicable, a NPDES permit in order to resume operating.	683

(I) An existing facility that is issued a review compliance	684
certificate shall comply with the previously issued installation	685
permit, as amended by the certificate.	686

Sec. 903.07.  (A) On and after the date that is established	687
in rules by the director of agriculture, both of the following	688
apply:	689

(1) The management and handling of manure at a major	690
concentrated animal feeding facility, including the land	691
application of manure or the removal of manure from a manure	692
storage or treatment facility, shall be conducted only by or under	693
the supervision of a person holding a livestock manager	694
certification issued under this section. A person managing or	695
handling manure who is acting under the instructions and control	696
of a person holding a livestock manager certification is	697
considered to be under the supervision of the certificate holder	698
if the certificate holder is responsible for the actions of the	699
person and is available when needed even though the certificate	700
holder is not physically present at the time of the manure	701
management or handling.	702

(2) No person shall transport,and land apply annually or	703
buy, or sell, or land apply annually the volume of manure	704
established in rules adopted by the director under division (E)(5)	705
of section 903.10 of the Revised Code unless the person holds a	706
livestock manager certification issued under this section.	707

(B) The director shall issue a livestock manager	708
certification to a person who has submitted a complete application	709
for certification on a form prescribed and provided by the	710
director, together with the appropriate application fee, and who	711
has completed successfully the required training and has passed	712
the required examination. The director may suspend or revoke a	713
livestock manager certification and may reinstate a suspended or	714
revoked livestock manager certification in accordance with rules.	715

(C) Information required to be included in an application for	716
a livestock manager certification, the amount of the application	717
fee, and requirements regarding training and the examination shall	718
be established in rules.	719

Sec. 903.08.  (A)(1) The director of agriculture is	720
authorized to participate in the national pollutant discharge	721
elimination system in accordance with the Federal Water Pollution	722
Control Act. Not later than one hundred eighty days after the	723
effective date of this sectionMarch 15, 2001, the director shall	724
prepare a state program in accordance with 40 C.F.R. 123.21 for	725
point sources that are subject to this section and shall submit	726
the program to the United States environmental protection agency	727
for approval.	728

(2) On and after the date on which the United States	729
environmental protection agency approves the state program	730
submitted under division (A)(1) of this section, the authority to	731
enforce terms and conditions of NPDES permits previously issued	732
under division (J) of section 6111.03 or under section 6111.035 of	733
the Revised Code for the discharging, transporting, or handling of	734
storm water from an animal feeding facility or of manure is	735
transferred from the director of environmental protection to the	736
director of agriculture. Thereafter, the director of environmental	737
protection shall have no authority to enforce the terms and	738
conditions of those NPDES permits. After the transfer of authority	739
under division (A)(2) of this section, the NPDES permits	740
concerning which authority has been transferred shall be	741
considered to have been issued under this section.	742

(B)(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 manure from a point source into waters of	746
the state without first obtaining a NPDES permit issued by the	747
director of agriculture under this section. The owner or operator	748
of a concentrated animal feeding operation shall apply to the	749
director for an individual NPDES permit or for coverage under a	750
general NPDES permit issued by the director of agriculture under	751
this section. A concentrated animal feeding operation is deemed to	752
be a point source that discharges manure into the waters of the	753
state unless the director has determined that the concentrated	754
animal feeding operation has no potential to discharge manure into	755
the waters of the state. If an owner or operator of a concentrated	756
animal feeding operation receives notice from the director that	757
the director has determined that the concentrated animal feeding	758
operation has no potential to discharge manure, the owner or	759
operator is not required to apply for an individual NPDES permit	760
or for coverage under a general NPDES permit for that operation.	761
The director's determination shall be made in accordance with	762
rules. Violation of division (B)(1) of this section is hereby	763
declared to be a public nuisance for purposes of state enforcement	764
of this section.	765

(2) Persons that have been issued a permit by the director of	766
environmental protection under division (J) of section 6111.03 of	767
the Revised Code for the discharge of manure prior to the date on	768
which the United States environmental protection agency approves	769
the NPDES program submitted by the director of agriculture under	770
this section may continue to operate under that permit until it	771
expires or is modified or revoked. Such a permit shall be enforced	772
by the director of agriculture upon the transfer of authority to	773
enforce the terms and conditions of the permit under division	774
(A)(2) of this section.	775

(C)(1) On and after the date on which the United States	776
environmental protection agency approves the NPDES program	777
submitted by the director of agriculture under this section, no	778
person shall discharge storm water resulting from an animal	779
feeding facility without first obtaining a NPDES permit issued by	780
the director of agriculture in accordance with rules when such a	781
permit is required by the Federal Water Pollution Control Act.	782
Violation of division (C)(1) of this section is hereby declared to	783
be a public nuisance for purposes of state enforcement of this	784
section.	785

(2) Persons that have been issued a NPDES permit by the	786
director of environmental protection under Chapter 6111. of the	787
Revised Code for the discharge of storm water from an animal	788
feeding facility prior to the date on which the United States	789
environmental protection agency approves the NPDES program	790
submitted by the director of agriculture under this section may	791
continue to operate under that permit until it expires or is	792
modified or revoked. Such a permit shall be enforced by the	793
director of agriculture upon the transfer of authority to enforce	794
the terms and conditions of the permit under division (A)(2) of	795
this section.	796

(D) In accordance with rules, an applicant for a NPDES permit	797
issued under this section shall submit a fee in an amount	798
established by rule together with, except as otherwise provided in	799
division (F) of this section, an application for the permit to the	800
director of agriculture on a form prescribed by the director. The	801
application shall include any information required by rule. The	802
director or the director's authorized representative may help an	803
applicant for a NPDES permit during the application process by	804
providing guidance and technical assistance.	805

(E) The director of agriculture shall issue NPDES permits in	806
accordance with this section and section 903.09 of the Revised	807
Code. The director shall deny an application for a NPDES permit if	808
any of the following applies:	809

(1) The application contains misleading or false information.

810

(2) The administrator of the United States environmental	811
protection agency objects in writing to the issuance of the NPDES	812
permit in accordance with section 402(d) of the Federal Water	813
Pollution Control Act.	814

(3) The director determines that the proposed discharge or	815
source would conflict with an areawide waste treatment management	816
plan adopted in accordance with section 208 of the Federal Water	817
Pollution Control Act.	818

Additional grounds for the denial of a NPDES permit shall be	819
those established in this chapter and rules.	820

(F) To the extent consistent with the Federal Water Pollution	821
Control Act, the director of agriculture shall issue general NPDES	822
permits that will apply in lieu of individual NPDES permits for	823
categories of point sources for which the director determines that	824
all of the following apply:	825

(1) Any discharges authorized by a general permit will have	826
only minimal cumulative adverse effects on the environment when	827
the discharges are considered collectively and individually.	828

(2) The discharges are more appropriately authorized by a	829
general permit than by an individual permit.	830

(3) Each category of point sources satisfies the criteria	831
established in rules.	832

A person who is required to obtain a NPDES permit shall	833
submit to the director a notice of the person's intent to be	834
covered under an existing general permit or, at the person's	835
option, an application for an individual NPDES permit. Upon	836
receipt of a notice of intent for coverage under an existing	837
general permit, the director shall notify the applicant in writing	838
that the person is covered by the general permit if the person	839
satisfies the criteria established in rules for eligibility for	840
such coverage. If the person is ineligible for coverage under the	841
general permit, the director shall require the submission of an	842
application for an individual NPDES permit.	843

(G) The director of agriculture shall establish terms and	844
conditions of NPDES permits in accordance with rules. Terms and	845
conditions shall be designed to achieve and maintain full	846
compliance with national effluent limitations, national standards	847
of performance for new sources, the most current water quality	848
standards adopted under section 6111.041 of the Revised Code, the	849
most current antidegradation policy adopted under section 6111.12	850
of the Revised Code, and other requirements of the Federal Water	851
Pollution Control Act. In establishing the terms and conditions of	852
a NPDES permit, the director, to the extent consistent with that	853
act, shall consider technical feasibility and economic costs and	854
shall allow a reasonable period of time for coming into compliance	855
with the permit.	856

(H) An animal feeding facility that is required to obtain	857
both a NPDES permit and a permit to operate shall be issued a	858
single permit to operate incorporating the terms and conditions	859
established by both permits. The permit to operate expressly shall	860
designate the terms and conditions required under the NPDES	861
program as federally enforceable. All other provisions are	862
enforceable under state law only and expressly shall be designated	863
accordingly.	864

(I) A NPDES permit may be issued under this section for a	865
period not to exceed five years.	866

(J) A NPDES permit issued under this section may be renewed.	867
An application for renewal of a NPDES permit shall be submitted to	868
the director of agriculture at least one hundred eighty days prior	869
to the expiration date of the permit and shall comply with the	870
requirements governing applications for NPDES permits established	871
under this section and by rule.	872

(K)(1) No person shall make any false statement,	873
representation, or certification in an application for a NPDES	874
permit or in any form, notice, or report required to be submitted	875
to the director pursuant to terms and conditions established in a	876
NPDES permit issued under this section.	877

(2) No person shall render inaccurate any monitoring method	878
or device that is required under the terms and conditions of a	879
NPDES permit issued under this section.	880

(L) The director may modify, suspend, or revoke a NPDES	881
permit issued under this section for cause as established by rule.	882
No NPDES permit issued under this section shall be modified,	883
suspended, or revoked without a written order stating the findings	884
that led to the modification, suspension, or revocation. In	885
addition, the permittee has a right to an administrative hearing	886
in accordance with Chapter 119. of the Revised Code, except that	887
section 119.12 of the Revised Code does not apply. Further, an	888
order of the director modifying, suspending, or revoking a NPDES	889
permit may be appealed to the environmental review appeals	890
commission under sections 3745.04 to 3745.06 of the Revised Code.	891

(M)(1) No person shall violate any effluent limitation	892
established by rule.	893

(2) No person shall violate any other provision of a NPDES	894
permit issued under this section.	895

(3) Compliance with a NPDES permit issued under this section	896
constitutes compliance with this section.	897

(N) This section, including the state program authorized in	898
division (A)(1) of this section, shall be administered in a manner	899
consistent with the Federal Water Pollution Control Act.	900

Sec. 903.081. (A) For purposes of section 903.08 of the	901
Revised Code, no person shall issue a NPDES permit if the person	902
receives or has received during the two years prior to the receipt	903
of an application for a NPDES permit a significant portion of	904
income from any NPDES permittee or any applicant for a NPDES	905
permit. In addition, no person who, pursuant to an appeal of an	906
action regarding a NPDES permit, has the authority to require or	907
to order the director of agriculture to vacate or modify a NPDES	908
permit shall require or order the director to vacate or modify a	909
NPDES permit if the person receives or has received during the two	910
years prior to the filing of the appeal a significant portion of	911
income from any NPDES permittee or any applicant for a NPDES	912
permit.	913

(B) As used in this section:

914

(1) "Significant portion of income" means ten per cent or	915
more of gross personal income in a calendar year or fifty per cent	916
or more of gross personal income in a calendar year if the	917
recipient of the income is more than sixty years of age and is	918
receiving that portion of income under retirement benefits,	919
including a pension or similar arrangement.	920

(2) "Income" includes retirement benefits, consultant fees,	921
and stock dividends. "Income" does not include mutual fund	922
payments or other diversified investments for which the recipient	923
does not know the identity of the primary sources of the income.	924

(3) "Permittee" and "applicant for a NPDES permit" does not	925
include any department or agency of the state.	926

Sec. 903.082. (A) The director of agriculture may determine	927
that an animal feeding facility that is not a medium concentrated	928
animal feeding operation or small concentrated animal feeding	929
operation as defined in section 903.01 of the Revised Code	930
nevertheless shall be required to be permitted as a medium or	931
small concentrated animal feeding operation when all of the	932
following apply:	933

(1) The director has received from the chief of the division	934
of soil and water conservation in the department of natural	935
resources a copy of an order issued under section 1511.02 of the	936
Revised Code that specifies that the animal feeding facility has	937
caused agricultural pollution by failure to comply with standards	938
established under that section and that the animal feeding	939
facility therefore should be required to be permitted as a medium	940
or small concentrated animal feeding operation.	941

(2) The director or the director's authorized representative	942
has inspected the animal feeding facility.	943

(3) The director or the director's authorized representative	944
finds that the facility is not being operated in a manner that	945
protects the waters of the state.	946

(B) If an animal feeding facility is required to be permitted	947
in accordance with this section, the owner or operator of the	948
facility shall apply to the director for a permit to operate as a	949
concentrated animal feeding operation. In a situation in which	950
best management practices cannot be implemented without modifying	951
the existing animal feeding facility, the owner or operator of the	952
facility also shall apply for a permit to install for the	953
facility.	954

(C) In the case of an animal feeding facility for which a	955
permit to operate is required under this section, a permit to	956
operate shall not be required after the end of the five-year term	957
of the permit if the problems that caused the facility to be	958
required to obtain the permit have been corrected to the	959
director's satisfaction.	960

Sec. 903.09. (a)(A) Prior to issuing or modifying a permit to	961
install, permit to operate, or NPDES permit, the director of	962
agriculture shall issue a draft permit. The director or the	963
director's representative shall mail notice of the issuance of a	964
draft permit to the applicant and shall publish the notice once in	965
a newspaper of general circulation in the county in which the	966
concentrated animal feeding facility or discharger is located or	967
proposed to be located. The director shall mail notice of the	968
issuance of a draft permit and a copy of the draft permit to the	969
board of county commissioners of the county and the board of	970
township trustees of the township in which the concentrated animal	971
feeding facility or discharger is located or proposed to be	972
located. The director or the director's representative also shall	973
provide notice of the issuance of a draft NPDES permit to any	974
other persons that are entitled to notice under the Federal Water	975
Pollution Control Act. Notice of the issuance of a draft permit to	976
install, permit to operate, or NPDES permit shall include the	977
address where written comments concerning the draft permit may be	978
submitted and the period of time during which comments will be	979
accepted as established by rule.	980

If the director receives written comments in an amount that	981
demonstrates significant public interest, as defined by rule, in	982
the draft permit, the director shall schedule one public meeting	983
to provide information to the public and to hear comments	984
pertinent to the draft permit. The notice of the public meeting	985
shall be provided in the same manner as the notice of the issuance	986
of the draft permit.	987

(B) If a person is required to obtain both a permit to	988
install and a permit to operate, including any permit to operate	989
with NPDES provisions, and public meetings are required for both	990
permits, the public meetings for the permits shall be combined.	991

(C) The director shall apply the antidegradation policy	992
adopted under section 6111.12 of the Revised Code to permits	993
issued under this chapter to the same degree and under the same	994
circumstances as it applies to permits issued under Chapter 6111.	995
of the Revised Code. The director shall hold one public meeting to	996
consider antidegradation issues when such a meeting is required by	997
the antidegradation policy. When allowed by the antidegradation	998
policy, the director shall hold the public meeting on	999
antidegradation issues concurrently with any public meeting held	1000
for the draft permit.	1001

(D) The director or the director's representative shall	1002
publish notice of the issuance of a final permit to install,	1003
permit to operate, or NPDES permit once in a newspaper of general	1004
circulation in the county in which the concentrated animal feeding	1005
facility or discharger is located.	1006

(E) Failure of the director to provide notice or a public	1007
meeting shall invalidate a permit only if the failure is raised	1008
by, and was relied upon to the detriment of, a person that is	1009
entitled to appeal the permit. Notice or a public meeting is not	1010
required for the modification of a permit made with the consent of	1011
the permittee for the correction of typographical errors.	1012

(F) The denial, modification, suspension, or revocation of a	1013
permit to install, permit to operate, or NPDES permit without the	1014
consent of the applicant or permittee shall be preceded by a	1015
proposed action stating the director's intention to issue an order	1016
with respect to the permit and the reasons for it. The	1017

The director shall mail to the applicant or the permittee	1018
notice of the director's proposed action to deny, suspend, or	1019
revoke a permit to install, permit to operate, or NPDES permit.	1020
The director shall publish the notice once in a newspaper of	1021
general circulation in the county in which the concentrated animal	1022
feeding facility or concentrated animal feeding operation is	1023
located or proposed to be located. The director shall mail a copy	1024
of the notice of the proposed action to the board of county	1025
commissioners of the county and to the board of township trustees	1026
of the township in which the concentrated animal feeding facility	1027
or concentrated animal feeding operation is located or proposed to	1028
be located. The director also shall provide notice of the	1029
director's proposed action to deny, suspend, or revoke a permit to	1030
install, permit to operate, or NPDES permit to any other person	1031
that is entitled to notice under the Federal Water Pollution	1032
Control Act. The notice of the director's proposed action to deny,	1033
suspend, or revoke a permit to install, permit to operate, or	1034
NPDES permit shall include the address where written comments	1035
concerning the director's proposed action may be submitted and the	1036
period of time during which comments will be accepted as	1037
established by rule. If the director receives written comments in	1038
an amount that demonstrates significant public interest, as	1039
defined by rule, the director shall schedule one public meeting to	1040
provide information to the public and to hear comments pertinent	1041
to the proposed action. The notice of the public meeting shall be	1042
provided in the same manner as the notice of the director's	1043
proposed action.	1044

The director shall not issue an order that makes the proposed	1045
action final until the applicant or permittee has had an	1046
opportunity for an adjudication hearing in accordance with Chapter	1047
119. of the Revised Code, except that section 119.12 of the	1048
Revised Code does not apply. An order of the director that	1049
finalizes the proposed action or an order issuing a permit without	1050
a prior proposed action may be appealed to the environmental	1051
review appeals commission under sections 3745.04 to 3745.06 of the	1052
Revised Code.	1053

(G)(1) The director shall issue an order issuing or denying	1054
an application for a permit to operate that contains NPDES	1055
provisions or for a NPDES permit, as well as any application for a	1056
permit to install that is submitted simultaneously, not later than	1057
one hundred eighty days after receiving the application.	1058

(2) In the case of an application for a permit to install or	1059
permit to operate that is not connected with an application for a	1060
NPDES permit, the director shall issue or propose to deny the	1061
permit not later than ninety days after receiving the application.	1062
If the director has proposed to deny the permit to install or	1063
permit to operate under division (G)(2) of this section, the	1064
director shall issue an order denying the permit or, if the	1065
director decides against the proposed denial, issuing the permit	1066
not later than one hundred eighty days after receiving the	1067
application. If the director denies the permit, the director shall	1068
notify the applicant in writing of the reason for the denial.	1069

(H) All rulemaking and the issuance of civil penalties under	1070
this chapter shall comply with Chapter 119. of the Revised Code.	1071

(I) Upon the transfer of ownership of an animal feeding	1072
facility for which a permit to install, an installation permit, a	1073
review compliance certificate, or a permit to operate that	1074
contains no NPDES provisions has been issued, the permit or	1075
certificate shall be transferred to the new owner of the animal	1076
feeding facility except as provided in division (C) of section	1077
903.05 of the Revised Code. In the case of the transfer of	1078
ownership of a point source for which a NPDES permit or a permit	1079
to operate that contains NPDES provisions has been issued, the	1080
permit shall be transferred in accordance with rules.	1081

(J) Applications for installation permits for animal feeding	1082
facilities pending before the director of environmental protection	1083
on the date on which the director of agriculture has finalized the	1084
programs required under division (A)(1) of section 903.02 and	1085
division (A)(1) of section 903.03 of the Revised Code shall be	1086
transferred to the director of agriculture. In the case of an	1087
applicant who is required to obtain a permit to install and a	1088
permit to operate under sections 903.02 and 903.03, respectively,	1089
of the Revised Code, the director of agriculture shall process the	1090
pending application for an installation permit as an application	1091
for a permit to install and a permit to operate.	1092

(K) Applications for NPDES permits for either of the	1093
following that are pending before the director of environmental	1094
protection on the date on which the United States environmental	1095
protection agency approves the NPDES program submitted by the	1096
director of agriculture under section 903.08 of the Revised Code	1097
shall be transferred to the director of agriculture:	1098

(1) The discharge of manure;

1099

(2) The discharge of storm water resulting from an animal	1100
feeding facility. In the case of an applicant who is required to	1101
obtain a NPDES permit under section 903.08 of the Revised Code,	1102
the director of agriculture shall process the pending application	1103
as an application for a NPDES permit under that section.	1104

Sec. 903.10.  The director of agriculture shall adopt rules	1105
in accordance with Chapter 119. of the Revised Code that do all of	1106
the following:	1107

(A) Establish all of the following concerning permits to	1108
install and permits to operate:	1109

(1) A description of what constitutes a modification of a	1110
concentrated animal feeding facility;	1111

(2) The amount of the fee that must be submitted with each	1112
permit application and each application for a permit modification;	1113

(3) Information that must be included in the designs and	1114
plans required to be submitted with an application for a permit to	1115
install and criteria for approving, disapproving, or requiring	1116
modification of the designs and plans;	1117

(4) Information that must be included in a manure management	1118
plan required to be submitted with an application for a permit to	1119
operate;	1120

(5) Information that must be included in an application for	1121
the modification of an installation permit, a permit to install,	1122
or a permit to operate;	1123

(6) Any additional information that must be included with a	1124
permit application;	1125

(7) Procedures for the issuance, denial, modification,	1126
transfer, suspension, and revocation of permits to install and	1127
permits to operate, including general permits;	1128

(8) Grounds for the denial, modification, suspension, or	1129
revocation of permits to install and permits to operate in	1130
addition to the grounds established in division (D) of section	1131
903.02 and division (D) of section 903.03 of the Revised Code;	1132

(9) A requirement that a person that is required to obtain	1133
both a permit to install and a permit to operate submit	1134
applications for those permits simultaneously;	1135

(10) A definition of "general permit to operate" that	1136
establishes categories of concentrated animal feeding facilities	1137
to be covered under such a permit and a definition of "individual	1138
permit to operate" together with the criteria for issuing a	1139
general permit to operate and the criteria for determining a	1140
person's eligibility to operate under a general permit to operate.	1141

(B) Establish all of the following for the purposes of review	1142
compliance certificates issued under section 903.04 of the Revised	1143
Code:	1144

(1) The form of a certificate;

1145

(2) Criteria for what constitutes a significant capital	1146
expenditure under division (D) of that section;	1147

(3) Deadlines and procedures for submitting information under	1148
division (E)(2) of that section.	1149

(C) Establish best management practices that minimize water	1150
pollution, odors, insects, and rodents, that govern the land	1151
application of manure that originated at a concentrated animal	1152
feeding facility, and that govern all of the following activities	1153
that occur at a concentrated animal feeding facility:	1154

(1) Manure management, including the storage, handling,	1155
transportation, and land application of manure. Rules adopted	1156
under division (C)(1) of this section shall include practices that	1157
prevent surface and ground water contamination caused by the	1158
storage of manure or the land application of manure and prevent	1159
the contamination of water in drainage tiles that may be caused by	1160
that application.	1161

(2) Disposal of dead livestock;

1162

(3) Any other activity that the director considers	1163
appropriate.	1164

Best management practices established in rules adopted under	1165
division (C) of this section shall not conflict with best	1166
management practices established in rules that have been adopted	1167
under any other section of the Revised Code and that are in effect	1168
on the effective date of this sectionMarch 15, 2001. The rules	1169
adopted under division (C) of this section shall establish	1170
guidelines that require owners or operators of concentrated animal	1171
feeding facilities to consult with and work with local officials,	1172
including boards of county commissioners and boards of township	1173
trustees, in addressing issues related to local government	1174
infrastructure needs and the financing of that infrastructure.	1175

(D) Establish all of the following concerning insect and	1176
rodent control plans required under section 903.06 of the Revised	1177
Code:	1178

(1) The information to be included in an insect and rodent	1179
control plan;	1180

(2) Criteria for approving, disapproving, or requiring	1181
modification of an insect and rodent control plan;	1182

(3) Criteria for determining compliance with or violation of	1183
an insect and rodent control plan;	1184

(4) Procedures and standards for monitoring insect and rodent	1185
control plans;	1186

(5) Procedures and standards for enforcing insect and rodent	1187
control plans at concentrated animal feeding facilities at which	1188
insects or rodents constitute a nuisance or adversely affect	1189
public health;	1190

(6) The amount of civil penalties for violation of an insect	1191
and rodent control plan assessed by the director of agriculture	1192
under division (B) of section 903.16 of the Revised Code, provided	1193
that the rules adopted under division (D)(6) of this section shall	1194
not establish a civil penalty of more than ten thousand dollars	1195
for a violation involving a concentrated animal feeding facility	1196
with a total design capacity of ten thousand or fewer animal units	1197
that is not a major concentrated animal feeding facility and shall	1198
not establish a civil penalty of more than twenty-five thousand	1199
dollars for a violation involving a major concentrated animal	1200
feeding facility;	1201

(7) The time period within which the director must approve or	1202
deny an insect and rodent control plan after receiving it;	1203

(8) Any other provisions necessary to administer and enforce	1204
section 903.12 of the Revised Code.	1205

(E) Establish all of the following concerning livestock	1206
manager certification required under section 903.07 of the Revised	1207
Code:	1208

(1) The information to be included in an application for a	1209
livestock manager certification and the amount of the application	1210
fee;	1211

(2) The content of the training required to be completed and	1212
of the examination required to be passed by an applicant for a	1213
livestock manager certification. The training shall include and	1214
the examination shall test the applicant's knowledge of	1215
information on topics that include calculating nutrient values in	1216
manure, devising and implementing a plan for the land application	1217
of manure, removing manure held in a manure storage or treatment	1218
facility, and following best management practices established in	1219
rules for disposal of dead animals and manure management,	1220
including practices that control odor and protect the environment.	1221
The director may specify other types of recognized training	1222
programs that, if completed, are considered to satisfy the	1223
training and examination requirement.	1224

(3) Criteria and procedures for the issuance, denial,	1225
suspension, revocation, or reinstatement of a livestock manager	1226
certification;	1227

(4) The length of time during which livestock manager	1228
certifications will be valid and procedures for their renewal;	1229

(5) The volume of manure that must be transported,and land	1230
applied annually or the volume of manure that must be bought, or	1231
sold, or land applied annually by a person in order for the person	1232
to be required to obtain a livestock manager certification under	1233
division (A)(2) of section 903.07 of the Revised Code;	1234

(6) Any other provisions necessary to administer and enforce	1235
section 903.07 of the Revised Code.	1236

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

1237

(1) The designation of concentrated animal feeding operations	1238
that are subject to NPDES permit requirements under section 903.08	1239
of the Revised Code. This designation shall include only those	1240
point sources for which the issuance of NPDES permits is required	1241
under the Federal Water Pollution Control Act.	1242

(2) Effluent limitations governing discharges into waters of	1243
the state that are authorized by permits;	1244

(3) Variances from effluent limitations and other permit	1245
requirements to the extent that the variances are consistent with	1246
the Federal Water Pollution Control Act;	1247

(4) Terms and conditions to be included in a permit,	1248
including, as applicable, best management practices; installation	1249
of discharge or water quality monitoring methods or equipment;	1250
creation and retention of records; submission of periodic reports;	1251
schedules of compliance; net volume, net weight, and, where	1252
necessary, concentration and mass loading limits of manure that	1253
may be discharged into waters of the state; and authorized	1254
duration and frequency of any discharges into waters of the state;	1255

(5) Procedures for the submission of applications for permits	1256
and notices of intent to be covered by general permits, including	1257
information that must be included in the applications and notices;	1258

(6) The amount of the fee that must be submitted with an	1259
application for a permit;	1260

(7) Procedures for processing permit applications, including	1261
public notice and participation requirements;	1262

(8) Procedures for notifying the United States environmental	1263
protection agency of the submission of permit applications, the	1264
director's action on those applications, and any other reasonable	1265
and relevant information;	1266

(9) Procedures for notifying and receiving and responding to	1267
recommendations from other states whose waters may be affected by	1268
the issuance of a permit;	1269

(10) Procedures for the transfer of permits to new owners or	1270
operators;	1271

(11) Grounds and procedures for the issuance, denial,	1272
modification, suspension, or revocation of permits, including	1273
general permits;	1274

(12) A definition of "general NPDES permit" that establishes	1275
categories of point sources to be covered under such a permit and	1276
a definition of "individual NPDES permit" together with the	1277
criteria for issuing a general NPDES permit and the criteria for	1278
determining a person's eligibility to discharge under a general	1279
NPDES permit.	1280

The rules adopted under division (F) of this section shall be	1281
consistent with the requirements of the Federal Water Pollution	1282
Control Act.	1283

(G) Establish public notice and participation requirements,	1284
in addition to the procedures established in rules adopted under	1285
division (F)(7) of this section, for the issuance, denial,	1286
modification, transfer, suspension, and revocation of permits to	1287
install, permits to operate, and NPDES permits consistent with	1288
section 903.09 of the Revised Code, including a definition of what	1289
constitutes significant public interest for the purposes of	1290
divisiondivisions (A) and (F) of section 903.09 of the Revised	1291
Code and procedures for public meetings. The rules shall require	1292
that information that is presented at such a public meeting be	1293
limited to the criteria that are applicable to the permit	1294
application that is the subject of the public meeting.	1295

(H) Establish the amount of civil penalties assessed by the	1296
director of agriculture under division (B) of section 903.16 of	1297
the Revised Code for violation of the terms and conditions of a	1298
permit to install, permit to operate, or review compliance	1299
certificate, provided that the rules adopted under this division	1300
shall not establish a civil penalty of more than ten thousand	1301
dollars per day for each violation;	1302

(I) Establish procedures for the protection of trade secrets	1303
from public disclosure. The procedures shall authorize the release	1304
of trade secrets to officers, employees, or authorized	1305
representatives of the state, another state, or the United States	1306
when necessary for an enforcement action brought under this	1307
chapter or when otherwise required by the Federal Water Pollution	1308
Control Act. The rules shall require at least ten days' written	1309
notice to the person to whom a trade secret applies prior to the	1310
release of the trade secret. Rules adopted under this division do	1311
not apply to any information that is contained in applications,	1312
including attachments, for NPDES permits and that is required to	1313
be submitted under section 903.08 of the Revised Code or rules	1314
adopted under division (F) of this section.	1315

(J) Establish any other provisions necessary to administer	1316
and enforce this chapter.	1317

Sec. 903.16.  (A) The director of agriculture may propose to	1318
require corrective actions and assess a civil penalty against an	1319
owner or operator of a concentrated animal feeding facility if the	1320
director or the director's authorized representative determines	1321
that the owner or operator is not in compliance with section	1322
903.02, 903.03, or 903.04 of the Revised Code, the terms and	1323
conditions of a permit to install, permit to operate, or review	1324
compliance certificate issued for the concentrated animal feeding	1325
facility, including the requirements established under division	1326
(C) of section 903.06 or division (A) of section 903.07 of the	1327
Revised Code, or rules adopted under division (A) of section	1328
903.10 of the Revised Code. However, the director may impose a	1329
civil penalty only if all of the following occur:	1330

(1) The owner or operator is notified in writing of the	1331
deficiencies resulting in noncompliance, the actions that the	1332
owner or operator must take to correct the deficiencies, and the	1333
time period within which the owner or operator must correct the	1334
deficiencies and attain compliance.	1335

(2) After the time period specified in the notice has	1336
elapsed, the director or the director's duly authorized	1337
representative has inspected the concentrated animal feeding	1338
facility, determined that the owner or operator is still not in	1339
compliance, and issued a notice of an adjudication hearing.	1340

(3) The director affords the owner or operator an opportunity	1341
for an adjudication hearing under Chapter 119. of the Revised Code	1342
to challenge the director's determination that the owner or	1343
operator is not in compliance or the imposition of the civil	1344
penalty, or both. However, the owner or operator may waive the	1345
right to an adjudication hearing.	1346

(B) If the opportunity for an adjudication hearing is waived	1347
or if, after an adjudication hearing, the director determines that	1348
a violation has occurred or is occurring, the director may issue	1349
an order requiring compliance and assess the civil penalty. The	1350
order and the assessment of the civil penalty may be appealed in	1351
accordance with section 119.12 of the Revised Code.	1352

Civil penalties shall be assessed under this division as	1353
follows:	1354

(1) A person who has violated section 903.02, 903.03, or	1355
903.04 of the Revised Code, the terms and conditions of a permit	1356
to install, permit to operate, or review compliance certificate,	1357
or rules adopted under division (A) of section 903.10 of the	1358
Revised Code shall pay a civil penalty in an amount established in	1359
rules unless the violation is of the requirements established	1360
under division (C) of section 903.06 or division (A) of section	1361
903.07 of the Revised Code.	1362

(2) A person who has violated the requirements established	1363
under division (C) of section 903.06 of the Revised Code shall pay	1364
a civil penalty in an amount established in rules for each	1365
violation. Each seven-day period during which a violation	1366
continues constitutes a separate violation.	1367

(3) A person who has violated the requirements established	1368
under division (A) of section 903.07 of the Revised Code shall pay	1369
a civil penalty of not more than ten thousand dollars for each	1370
violation. Each thirty-day period during which a violation	1371
continues constitutes a separate violation.	1372

(C) The attorney general, upon the written request of the	1373
director, shall bring an action for an injunction in any court of	1374
competent jurisdiction against any person violating or threatening	1375
to violate section 903.02, 903.03, or 903.04 of the Revised Code;	1376
the terms and conditions of a permit to install, permit to	1377
operate, or review compliance certificate, including the	1378
requirements established under division (C) of section 903.06 or	1379
division (A) of section 903.07 of the Revised Code; rules adopted	1380
under division (A) of section 903.10 of the Revised Code; or an	1381
order issued under division (B) of this section.	1382

(D)(1) In lieu of seeking civil penalties under division (A)	1383
of this section, the director may request the attorney general, in	1384
writing, to bring an action for a civil penalty in a court of	1385
competent jurisdiction against any person that has violated or is	1386
violating the terms and conditions of a permit to install, permit	1387
to operate, or review compliance certificate, including the	1388
requirements established under division (C) of section 903.06 or	1389
division (A) of section 903.07 of the Revised Code.	1390

(2) The director may request the attorney general, in	1391
writing, to bring an action for a civil penalty in a court of	1392
competent jurisdiction against any person that has violated or is	1393
violating section 903.02, 903.03, or 903.04 of the Revised Code,	1394
rules adopted under division (A) of section 903.10 of the Revised	1395
Code, or an order issued under division (B) of this section.	1396

(3) A person who has committed a violation for which the	1397
attorney general may bring an action for a civil penalty under	1398
division (D)(1) or (2) of this section shall pay a civil penalty	1399
of not more than ten thousand dollars per violation. Each day that	1400
a violation continues constitutes a separate violation.	1401

Sec. 903.20.  (A) There is hereby created the concentrated	1402
animal feeding facility advisory committee consisting of the	1403
directors of agriculture, development, environmental protection,	1404
and natural resources and the dean of the college of food,	1405
agricultural, and environmental sciences of the Ohio state	1406
university, or their designees, as members ex officio, and sixteen	1407
members to be appointed by the director of agriculture. Of the	1408
appointed members, one shall be an elected local government	1409
official whose jurisdiction has a concentrated animal feeding	1410
facility located in it at the time that the official is appointed	1411
to the committee, one shall be a person who is licensed to	1412
practice veterinary medicine under Chapter 4741. of the Revised	1413
Code, one shall represent the interests of poultry producers, one	1414
shall represent the interests of swine producers, one shall	1415
represent the interests of dairy farmers, one shall represent the	1416
interests of beef cattle producers, one shall represent the	1417
interests of sheep producers, one shall represent the interests of	1418
drinking water utilities, one shall represent the interests of	1419
wastewater utilities, one shall represent the Ohio environmental	1420
health association, two shall represent the interests of statewide	1421
environmental advocacy organizations, and four shall represent the	1422
interests of the public. Prior to making the appointment of the	1423
member who is an elected local government official, the director	1424
shall solicit a list of suggested candidates from the appropriate	1425
statewide associations that represent the interests of local	1426
governments. Prior to making an appointment of a member	1427
representing the interests of poultry, swine, beef cattle, or	1428
sheep producers or dairy farmers, the director shall solicit from	1429
the appropriate statewide trade associations a list of suggested	1430
candidates to represent the interests of the species category on	1431
the committee. The members representing the public shall not be	1432
owners or operators of concentrated animal feeding facilities or	1433
associated with such facilities by contract.	1434

Not later than thirty days after the effective date of this	1435
sectionMarch 15, 2001, the director shall make appointments to	1436
the committee. Of the initial appointments, six shall be for terms	1437
ending one year after the effective date of this sectionMarch 15,	1438
2001, five shall be for terms ending two years after the effective	1439
date of this sectionMarch 15, 2001, and five shall be for terms	1440
ending three years after the effective date of this sectionMarch	1441
15, 2001. Thereafter, terms of office shall be for three years,	1442
with each term ending on the same day of the same month as did the	1443
term that it succeeds. Each member shall hold office from the date	1444
of appointment until the end of the term for which the member was	1445
appointed. Members may be reappointed. Vacancies shall be filled	1446
in the manner provided for original appointments. Any member	1447
appointed to fill a vacancy occurring prior to the expiration date	1448
of the term for which the member's predecessor was appointed shall	1449
hold office for the remainder of that term. A member shall	1450
continue in office subsequent to the expiration date of the	1451
member's term until the member's successor takes office or until a	1452
period of sixty days has elapsed, whichever occurs first.	1453

The committee shall meet at times that the chairperson or a	1454
majority of the committee members considers appropriate, provided	1455
that no meeting shall be held on the call of the chairperson	1456
unless at least seven days' written notice first is provided to	1457
all members of the committee. At the first meeting of the	1458
committee in each calendar year, the director of agriculture shall	1459
designate one member of the committee to serve as its chairperson	1460
and one member to serve as its vice-chairperson. A majority vote	1461
of the members of the committee is necessary to take action on any	1462
matter. A vacancy on the committee does not impair the right of	1463
the other members to exercise all of the committee's powers.	1464

Serving as an appointed member of the committee does not	1465
constitute holding a public office or position of employment under	1466
the laws of this state and does not constitute grounds for removal	1467
of public officers or employees from their offices or positions of	1468
employment. The director of agriculture, after notice and a public	1469
meeting, may remove any appointed member of the committee for	1470
misfeasance, nonfeasance, or malfeasance in office.	1471

Appointed members of the committee shall serve without	1472
compensation for attending committee meetings. Members of the	1473
committee shall be reimbursed for their actual and necessary	1474
expenses incurred in the performance of official duties as members	1475
of the committee.	1476

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

1477

(1) Adopt rules or procedures governing the conduct of its	1478
internal affairs;	1479

(2) Request from the director of agriculture, and the	1480
director shall provide, meeting space, staff support, services,	1481
and data to enable it to carry out its functions.	1482

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

1483

(1) Advise the director of agriculture in the administration	1484
of this chapter;	1485

(2) Keep abreast of advances in manure management practices	1486
and annually advise the directors of agriculture, environmental	1487
protection, and natural resources of the recent advances in those	1488
areas and regarding the need for amending what constitutes best	1489
management practices;	1490

(3) In consultation with the director of agriculture, prepare	1491
and, upon request, distribute written materials designed to assist	1492
persons who propose to establish a new or modify an existing	1493
concentrated animal feeding facility in applying for a permit to	1494
install or permit to operate. The materials also shall include	1495
information stating that, in addition to obtaining a permit to	1496
operate, it may be necessary to obtain a NPDES permit for the	1497
discharge of manure or storm water. In addition, the written	1498
materials shall include information on the meaning of a "complete	1499
application" for all of the permits, information on the public	1500
meeting process in connection with the relevant permits issued	1501
under this chapter, and a summary of the antidegradation policy	1502
established under section 6111.12 of the Revised Code together	1503
with an indication of the possibility that the owner's or	1504
operator's proposed new or modified disposal system for manure or	1505
discharges may be subject to that policy.	1506

(4) Not later than twelve months after the effective date of	1507
this section, conduct an examination of the scientific	1508
appropriateness of the definition of "animal unit" in section	1509
903.01 of the Revised Code and prepare and submit to the general	1510
assembly, the governor, and the directors of agriculture,	1511
environmental protection, and natural resources the committee's	1512
findings and any recommendations for legislative changes in that	1513
definition that are necessary or appropriate to reflect on a more	1514
scientific basis manure generation rates among livestock species	1515
and types of concentrated animal feeding facilities.	1516

(D) Section 101.84Sections 101.82 to 101.87 of the Revised	1517
Code doesdo not apply to the committee.	1518

Sec. 6111.03.  The director of environmental protection may	1519
do any of the following:	1520

(A) Develop plans and programs for the prevention, control,	1521
and abatement of new or existing pollution of the waters of the	1522
state;	1523

(B) Advise, consult, and cooperate with other agencies of the	1524
state, the federal government, other states, and interstate	1525
agencies and with affected groups, political subdivisions, and	1526
industries in furtherance of the purposes of this chapter. Before	1527
adopting, amending, or rescinding a standard or rule pursuant to	1528
division (G) of this section or section 6111.041 or 6111.042 of	1529
the Revised Code, the director shall do all of the following:	1530

(1) Mail notice to each statewide organization that the	1531
director determines represents persons who would be affected by	1532
the proposed standard or rule, amendment thereto, or rescission	1533
thereof at least thirty-five days before any public hearing	1534
thereon;	1535

(2) Mail a copy of each proposed standard or rule, amendment	1536
thereto, or rescission thereof to any person who requests a copy,	1537
within five days after receipt of the request therefor;	1538

(3) Consult with appropriate state and local government	1539
agencies or their representatives, including statewide	1540
organizations of local government officials, industrial	1541
representatives, and other interested persons.	1542

Although the director is expected to discharge these duties	1543
diligently, failure to mail any such notice or copy or to so	1544
consult with any person shall not invalidate any proceeding or	1545
action of the director.	1546

(C) Administer grants from the federal government and from	1547
other sources, public or private, for carrying out any of its	1548
functions, all such moneys to be deposited in the state treasury	1549
and kept by the treasurer of state in a separate fund subject to	1550
the lawful orders of the director;	1551

(D) Administer state grants for the construction of sewage	1552
and waste collection and treatment works;	1553

(E) Encourage, participate in, or conduct studies,	1554
investigations, research, and demonstrations relating to water	1555
pollution, and the causes, prevention, control, and abatement	1556
thereof, that are advisable and necessary for the discharge of the	1557
director's duties under this chapter;	1558

(F) Collect and disseminate information relating to water	1559
pollution and prevention, control, and abatement thereof;	1560

(G) Adopt, amend, and rescind rules in accordance with	1561
Chapter 119. of the Revised Code governing the procedure for	1562
hearings, the filing of reports, the issuance of permits, the	1563
issuance of industrial water pollution control certificates, and	1564
all other matters relating to procedure;	1565

(H) Issue, modify, or revoke orders to prevent, control, or	1566
abate water pollution by such means as the following:	1567

(1) Prohibiting or abating discharges of sewage, industrial	1568
waste, or other wastes into the waters of the state;	1569

(2) Requiring the construction of new disposal systems or any	1570
parts thereof, or the modification, extension, or alteration of	1571
existing disposal systems or any parts thereof;	1572

(3) Prohibiting additional connections to or extensions of a	1573
sewerage system when the connections or extensions would result in	1574
an increase in the polluting properties of the effluent from the	1575
system when discharged into any waters of the state;	1576

(4) Requiring compliance with any standard or rule adopted	1577
under sections 6111.01 to 6111.05 of the Revised Code or term or	1578
condition of a permit.	1579

In the making of those orders, wherever compliance with a	1580
rule adopted under section 6111.042 of the Revised Code is not	1581
involved, consistent with the Federal Water Pollution Control Act,	1582
the director shall give consideration to, and base the	1583
determination on, evidence relating to the technical feasibility	1584
and economic reasonableness of complying with those orders and to	1585
evidence relating to conditions calculated to result from	1586
compliance with those orders, and their relation to benefits to	1587
the people of the state to be derived from such compliance in	1588
accomplishing the purposes of this chapter.	1589

(I) Review plans, specifications, or other data relative to	1590
disposal systems or any part thereof in connection with the	1591
issuance of orders, permits, and industrial water pollution	1592
control certificates under this chapter;	1593

(J)(1) Issue, revoke, modify, or deny sludge management	1594
permits and permits for the discharge of sewage, industrial waste,	1595
or other wastes into the waters of the state, and for the	1596
installation or modification of disposal systems or any parts	1597
thereof in compliance with all requirements of the Federal Water	1598
Pollution Control Act and mandatory regulations adopted	1599
thereunder, including regulations adopted under section 405 of the	1600
Federal Water Pollution Control Act, and set terms and conditions	1601
of permits, including schedules of compliance, where necessary.	1602
Any person who discharges, transports, or handles storm water from	1603
an animal feeding facility, as defined in section 903.01 of the	1604
Revised Code, or manure, as defined in that section, is not	1605
required to obtain a permit under division (J)(1) of this section	1606
for the installation or modification of a disposal system	1607
involving manure or storm water or any parts of such a system on	1608
and after the date on which the director of agriculture has	1609
finalized the program required under division (A)(1) of section	1610
903.02 of the Revised Code. In addition, any person who	1611
discharges, transports, or handles storm water from an animal	1612
feeding facility, as defined in section 903.01 of the revised	1613
code, or manure, as defined in that section, is not required to	1614
obtain a permit under division (J)(1) of this section for the	1615
discharge of storm water or manure on and after the date on which	1616
the United States environmental protection agency approves the	1617
NPDES program submitted by the director of agriculture under	1618
section 903.08 of the Revised Code.	1619

Any permit terms and conditions set by the director shall be	1620
designed to achieve and maintain full compliance with the national	1621
effluent limitations, national standards of performance for new	1622
sources, and national toxic and pretreatment effluent standards	1623
set under that act, and any other mandatory requirements of that	1624
act that are imposed by regulation of the administrator of the	1625
United States environmental protection agency. If an applicant for	1626
a sludge management permit also applies for a related permit for	1627
the discharge of sewage, industrial waste, or other wastes into	1628
the waters of the state, the director may combine the two permits	1629
and issue one permit to the applicant.	1630

A sludge management permit is not required for an entity that	1631
treats or transports sewage sludge or for a sanitary landfill when	1632
all of the following apply:	1633

(a) The entity or sanitary landfill does not generate the	1634
sewage sludge.	1635

(b) Prior to receipt at the sanitary landfill, the entity has	1636
ensured that the sewage sludge meets the requirements established	1637
in rules adopted by the director under section 3734.02 of the	1638
Revised Code concerning disposal of municipal solid waste in a	1639
sanitary landfill.	1640

(c) Disposal of the sewage sludge occurs at a sanitary	1641
landfill that complies with rules adopted by the director under	1642
section 3734.02 of the Revised Code.	1643

As used in division (J)(1) of this section, "sanitary	1644
landfill" means a sanitary landfill facility, as defined in rules	1645
adopted under section 3734.02 of the Revised Code, that is	1646
licensed as a solid waste facility under section 3734.05 of the	1647
Revised Code.	1648

(2) An application for a permit or renewal thereof shall be	1649
denied if any of the following applies:	1650

(a) The secretary of the army determines in writing that	1651
anchorage or navigation would be substantially impaired thereby;	1652

(b) The director determines that the proposed discharge or	1653
source would conflict with an areawide waste treatment management	1654
plan adopted in accordance with section 208 of the Federal Water	1655
Pollution Control Act;	1656

(c) The administrator of the United States environmental	1657
protection agency objects in writing to the issuance or renewal of	1658
the permit in accordance with section 402 (d) of the Federal Water	1659
Pollution Control Act;	1660

(d) The application is for the discharge of any radiological,	1661
chemical, or biological warfare agent or high-level radioactive	1662
waste into the waters of the United States.	1663

(3) To achieve and maintain applicable standards of quality	1664
for the waters of the state adopted pursuant to section 6111.041	1665
of the Revised Code, the director shall impose, where necessary	1666
and appropriate, as conditions of each permit, water quality	1667
related effluent limitations in accordance with sections 301, 302,	1668
306, 307, and 405 of the Federal Water Pollution Control Act and,	1669
to the extent consistent with that act, shall give consideration	1670
to, and base the determination on, evidence relating to the	1671
technical feasibility and economic reasonableness of removing the	1672
polluting properties from those wastes and to evidence relating to	1673
conditions calculated to result from that action and their	1674
relation to benefits to the people of the state and to	1675
accomplishment of the purposes of this chapter.	1676

(4) Where a discharge having a thermal component from a	1677
source that is constructed or modified on or after October 18,	1678
1972, meets national or state effluent limitations or more	1679
stringent permit conditions designed to achieve and maintain	1680
compliance with applicable standards of quality for the waters of	1681
the state, which limitations or conditions will ensure protection	1682
and propagation of a balanced, indigenous population of shellfish,	1683
fish, and wildlife in or on the body of water into which the	1684
discharge is made, taking into account the interaction of the	1685
thermal component with sewage, industrial waste, or other wastes,	1686
the director shall not impose any more stringent limitation on the	1687
thermal component of the discharge, as a condition of a permit or	1688
renewal thereof for the discharge, during a ten-year period	1689
beginning on the date of completion of the construction or	1690
modification of the source, or during the period of depreciation	1691
or amortization of the source for the purpose of section 167 or	1692
169 of the Internal Revenue Code of 1954, whichever period ends	1693
first.	1694

(5) The director shall specify in permits for the discharge	1695
of sewage, industrial waste, and other wastes, the net volume, net	1696
weight, duration, frequency, and, where necessary, concentration	1697
of the sewage, industrial waste, and other wastes that may be	1698
discharged into the waters of the state. The director shall	1699
specify in those permits and in sludge management permits that the	1700
permit is conditioned upon payment of applicable fees as required	1701
by section 3745.11 of the Revised Code and upon the right of the	1702
director's authorized representatives to enter upon the premises	1703
of the person to whom the permit has been issued for the purpose	1704
of determining compliance with this chapter, rules adopted	1705
thereunder, or the terms and conditions of a permit, order, or	1706
other determination. The director shall issue or deny an	1707
application for a sludge management permit or a permit for a new	1708
discharge, for the installation or modification of a disposal	1709
system, or for the renewal of a permit, within one hundred eighty	1710
days of the date on which a complete application with all plans,	1711
specifications, construction schedules, and other pertinent	1712
information required by the director is received.	1713

(6) The director may condition permits upon the installation	1714
of discharge or water quality monitoring equipment or devices and	1715
the filing of periodic reports on the amounts and contents of	1716
discharges and the quality of receiving waters that the director	1717
prescribes. The director shall condition each permit for a	1718
government-owned disposal system or any other "treatment works" as	1719
defined in the Federal Water Pollution Control Act upon the	1720
reporting of new introductions of industrial waste or other wastes	1721
and substantial changes in volume or character thereof being	1722
introduced into those systems or works from "industrial users" as	1723
defined in section 502 of that act, as necessary to comply with	1724
section 402(b)(8) of that act; upon the identification of the	1725
character and volume of pollutants subject to pretreatment	1726
standards being introduced into the system or works; and upon the	1727
existence of a program to ensure compliance with pretreatment	1728
standards by "industrial users" of the system or works. In	1729
requiring monitoring devices and reports, the director, to the	1730
extent consistent with the Federal Water Pollution Control Act,	1731
shall give consideration to technical feasibility and economic	1732
reasonableness and shall allow reasonable time for compliance.	1733

(7) A permit may be issued for a period not to exceed five	1734
years and may be renewed upon application for renewal and upon a	1735
finding by the director that the permit holder is making	1736
satisfactory progress toward the achievement of all applicable	1737
standards and has complied with the terms and conditions of the	1738
existing permit. A permit may be modified, suspended, or revoked	1739
for cause, including, but not limited to, violation of any	1740
condition of the permit, obtaining a permit by misrepresentation	1741
or failure to disclose fully all relevant facts of the permitted	1742
discharge or of the sludge use, storage, treatment, or disposal	1743
practice, or changes in any condition that requires either a	1744
temporary or permanent reduction or elimination of the permitted	1745
activity. No application shall be denied or permit revoked or	1746
modified without a written order stating the findings upon which	1747
the denial, revocation, or modification is based. A copy of the	1748
order shall be sent to the applicant or permit holder by certified	1749
mail.	1750

(K) Institute or cause to be instituted in any court of	1751
competent jurisdiction proceedings to compel compliance with this	1752
chapter or with the orders of the director issued under this	1753
chapter, or to ensure compliance with sections 204(b), 307, 308,	1754
and 405 of the Federal Water Pollution Control Act;	1755

(L) Issue, deny, revoke, or modify industrial water pollution	1756
control certificates;	1757

(M) Certify to the government of the United States or any	1758
agency thereof that an industrial water pollution control facility	1759
is in conformity with the state program or requirements for the	1760
control of water pollution whenever the certification may be	1761
required for a taxpayer under the Internal Revenue Code of the	1762
United States, as amended;	1763

(N) Issue, modify, and revoke orders requiring any	1764
"industrial user" of any publicly owned "treatment works" as	1765
defined in sections 212(2) and 502(18) of the Federal Water	1766
Pollution Control Act to comply with pretreatment standards;	1767
establish and maintain records; make reports; install, use, and	1768
maintain monitoring equipment or methods, including, where	1769
appropriate, biological monitoring methods; sample discharges in	1770
accordance with methods, at locations, at intervals, and in a	1771
manner that the director determines; and provide other information	1772
that is necessary to ascertain whether or not there is compliance	1773
with toxic and pretreatment effluent standards. In issuing,	1774
modifying, and revoking those orders, the director, to the extent	1775
consistent with the Federal Water Pollution Control Act, shall	1776
give consideration to technical feasibility and economic	1777
reasonableness and shall allow reasonable time for compliance.	1778

(O) Exercise all incidental powers necessary to carry out the	1779
purposes of this chapter;	1780

(P) Certify or deny certification to any applicant for a	1781
federal license or permit to conduct any activity that may result	1782
in any discharge into the waters of the state that the discharge	1783
will comply with the Federal Water Pollution Control Act;	1784

(Q) Administer and enforce the publicly owned treatment works	1785
pretreatment program in accordance with the Federal Water	1786
Pollution Control Act. In the administration of that program, the	1787
director may do any of the following:	1788

(1) Apply and enforce pretreatment standards;

1789

(2) Approve and deny requests for approval of publicly owned	1790
treatment works pretreatment programs, oversee those programs, and	1791
implement, in whole or in part, those programs under any of the	1792
following conditions:	1793

(a) The director has denied a request for approval of the	1794
publicly owned treatment works pretreatment program;	1795

(b) The director has revoked the publicly owned treatment	1796
works pretreatment program;	1797

(c) There is no pretreatment program currently being	1798
implemented by the publicly owned treatment works;	1799

(d) The publicly owned treatment works has requested the	1800
director to implement, in whole or in part, the pretreatment	1801
program.	1802

(3) Require that a publicly owned treatment works	1803
pretreatment program be incorporated in a permit issued to a	1804
publicly owned treatment works as required by the Federal Water	1805
Pollution Control Act, require compliance by publicly owned	1806
treatment works with those programs, and require compliance by	1807
industrial users with pretreatment standards;	1808

(4) Approve and deny requests for authority to modify	1809
categorical pretreatment standards to reflect removal of	1810
pollutants achieved by publicly owned treatment works;	1811

(5) Deny and recommend approval of requests for fundamentally	1812
different factors variances submitted by industrial users;	1813

(6) Make determinations on categorization of industrial	1814
users;	1815

(7) Adopt, amend, or rescind rules and issue, modify, or	1816
revoke orders necessary for the administration and enforcement of	1817
the publicly owned treatment works pretreatment program.	1818

Any approval of a publicly owned treatment works pretreatment	1819
program may contain any terms and conditions, including schedules	1820
of compliance, that are necessary to achieve compliance with this	1821
chapter.	1822

(R) Except as otherwise provided in this division, adopt	1823
rules in accordance with Chapter 119. of the Revised Code	1824
establishing procedures, methods, and equipment and other	1825
requirements for equipment to prevent and contain discharges of	1826
oil and hazardous substances into the waters of the state. The	1827
rules shall be consistent with and equivalent in scope, content,	1828
and coverage to section 311(j)(1)(c) of the Federal Water	1829
Pollution Control Act and regulations adopted under it. The	1830
director shall not adopt rules under this division relating to	1831
discharges of oil from oil production facilities and oil drilling	1832
and workover facilities as those terms are defined in that act and	1833
regulations adopted under it.	1834

(S)(1) Administer and enforce a program for the regulation of	1835
sludge management in this state. In administering the program, the	1836
director, in addition to exercising the authority provided in any	1837
other applicable sections of this chapter, may do any of the	1838
following:	1839

(a) Develop plans and programs for the disposal and	1840
utilization of sludge and sludge materials;	1841

(b) Encourage, participate in, or conduct studies,	1842
investigations, research, and demonstrations relating to the	1843
disposal and use of sludge and sludge materials and the impact of	1844
sludge and sludge materials on land located in the state and on	1845
the air and waters of the state;	1846

(c) Collect and disseminate information relating to the	1847
disposal and use of sludge and sludge materials and the impact of	1848
sludge and sludge materials on land located in the state and on	1849
the air and waters of the state;	1850

(d) Issue, modify, or revoke orders to prevent, control, or	1851
abate the use and disposal of sludge and sludge materials or the	1852
effects of the use of sludge and sludge materials on land located	1853
in the state and on the air and waters of the state;	1854

(e) Adopt and enforce, modify, or rescind rules necessary for	1855
the implementation of division (S) of this section. The rules	1856
reasonably shall protect public health and the environment,	1857
encourage the beneficial reuse of sludge and sludge materials, and	1858
minimize the creation of nuisance odors.	1859

The director may specify in sludge management permits the net	1860
volume, net weight, quality, and pollutant concentration of the	1861
sludge or sludge materials that may be used, stored, treated, or	1862
disposed of, and the manner and frequency of the use, storage,	1863
treatment, or disposal, to protect public health and the	1864
environment from adverse effects relating to those activities. The	1865
director shall impose other terms and conditions to protect public	1866
health and the environment, minimize the creation of nuisance	1867
odors, and achieve compliance with this chapter and rules adopted	1868
under it and, in doing so, shall consider whether the terms and	1869
conditions are consistent with the goal of encouraging the	1870
beneficial reuse of sludge and sludge materials.	1871

The director may condition permits on the implementation of	1872
treatment, storage, disposal, distribution, or application	1873
management methods and the filing of periodic reports on the	1874
amounts, composition, and quality of sludge and sludge materials	1875
that are disposed of, used, treated, or stored.	1876

An approval of a treatment works sludge disposal program may	1877
contain any terms and conditions, including schedules of	1878
compliance, necessary to achieve compliance with this chapter and	1879
rules adopted under it.	1880

(2) As a part of the program established under division	1881
(S)(1) of this section, the director has exclusive authority to	1882
regulate sewage sludge management in this state. For purposes of	1883
division (S)(2) of this section, that program shall be consistent	1884
with section 405 of the Federal Water Pollution Control Act and	1885
regulations adopted under it and with this section, except that	1886
the director may adopt rules under division (S) of this section	1887
that establish requirements that are more stringent than section	1888
405 of the Federal Water Pollution Control Act and regulations	1889
adopted under it with regard to monitoring sewage sludge and	1890
sewage sludge materials and establishing acceptable sewage sludge	1891
management practices and pollutant levels in sewage sludge and	1892
sewage sludge materials.	1893

This chapter authorizes the state to participate in any	1894
national sludge management program and the national pollutant	1895
discharge elimination system, to administer and enforce the	1896
publicly owned treatment works pretreatment program, and to issue	1897
permits for the discharge of dredged or fill materials, in	1898
accordance with the Federal Water Pollution Control Act. This	1899
chapter shall be administered, consistent with the laws of this	1900
state and federal law, in the same manner that the Federal Water	1901
Pollution Control Act is required to be administered.	1902

This section does not apply to animal waste disposal systems	1903
and related management and conservation practices subject to rules	1904
adopted pursuant to division (E)(4) of section 1511.02 of the	1905
Revised Code and involving less than one thousand animal units, as	1906
"animal units" is defined in the United States environmental	1907
protection agency regulations. However, until the date on which	1908
the United States environmental protection agency approves the	1909
NPDES program submitted by the director of agriculture under	1910
section 903.08 of the Revised Code, this exclusion does not apply	1911
to animal waste treatment works having a controlled direct	1912
discharge to the waters of the state or any concentrated animal	1913
feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and	1914
after the date on which the United States environmental protection	1915
agency approves the NPDES program submitted by the director of	1916
agriculture under section 903.08 of the Revised Code, this section	1917
does not apply to storm water from an animal feeding facility, as	1918
defined in section 903.01 of the Revised Code, or to manure, as	1919
defined in that section. Neither of these exclusions applies to	1920
the discharge of animal waste into a publicly owned treatment	1921
works.	1922

Sec. 6111.04.  (A) Both of the following apply except as	1923
otherwise provided in division (A) or (F) of this section:	1924

(1) No person shall cause pollution or place or cause to be	1925
placed any sewage, sludge, sludge materials, industrial waste, or	1926
other wastes in a location where they cause pollution of any	1927
waters of the state.	1928

(2) Such an action prohibited under division (A)(1) of this	1929
section is hereby declared to be a public nuisance.	1930

Divisions (A)(1) and (2) of this section do not apply if the	1931
person causing pollution or placing or causing to be placed wastes	1932
in a location in which they cause pollution of any waters of the	1933
state holds a valid, unexpired permit, or renewal of a permit,	1934
governing the causing or placement as provided in sections 6111.01	1935
to 6111.08 of the Revised Code or if the person's application for	1936
renewal of such a permit is pending.	1937

(B) If the director administers a sludge management program	1938
pursuant to division (S) of section 6111.03 of the Revised Code,	1939
both of the following apply except as otherwise provided in	1940
division (B) or (F) of this section:	1941

(1) No person, in the course of sludge management, shall	1942
place on land located in the state or release into the air of the	1943
state any sludge or sludge materials.	1944

(2) An action prohibited under division (B)(1) of this	1945
section is hereby declared to be a public nuisance.	1946

Divisions (B)(1) and (2) of this section do not apply if the	1947
person placing or releasing the sludge or sludge materials holds a	1948
valid, unexpired permit, or renewal of a permit, governing the	1949
placement or release as provided in sections 6111.01 to 6111.08 of	1950
the Revised Code or if the person's application for renewal of	1951
such a permit is pending.	1952

(C) No person to whom a permit has been issued shall place or	1953
discharge, or cause to be placed or discharged, in any waters of	1954
the state any sewage, sludge, sludge materials, industrial waste,	1955
or other wastes in excess of the permissive discharges specified	1956
under an existing permit without first receiving a permit from the	1957
director to do so.	1958

(D) No person to whom a sludge management permit has been	1959
issued shall place on the land or release into the air of the	1960
state any sludge or sludge materials in excess of the permissive	1961
amounts specified under the existing sludge management permit	1962
without first receiving a modification of the existing sludge	1963
management permit or a new sludge management permit to do so from	1964
the director.	1965

(E) The director may require the submission of plans,	1966
specifications, and other information that the director considers	1967
relevant in connection with the issuance of permits.	1968

(F) This section does not apply to any of the following:

1969

(1) Waters used in washing sand, gravel, other aggregates, or	1970
mineral products when the washing and the ultimate disposal of the	1971
water used in the washing, including any sewage, industrial waste,	1972
or other wastes contained in the waters, are entirely confined to	1973
the land under the control of the person engaged in the recovery	1974
and processing of the sand, gravel, other aggregates, or mineral	1975
products and do not result in the pollution of waters of the	1976
state;	1977

(2) Water, gas, or other material injected into a well to	1978
facilitate, or that is incidental to, the production of oil, gas,	1979
artificial brine, or water derived in association with oil or gas	1980
production and disposed of in a well, in compliance with a permit	1981
issued under Chapter 1509. of the Revised Code, or sewage,	1982
industrial waste, or other wastes injected into a well in	1983
compliance with an injection well operating permit. Division	1984
(F)(2) of this section does not authorize, without a permit, any	1985
discharge that is prohibited by, or for which a permit is required	1986
by, regulation of the United States environmental protection	1987
agency.	1988

(3) Application of any materials to land for agricultural	1989
purposes or runoff of the materials from that application or	1990
pollution by animal waste or soil sediment, including attached	1991
substances, resulting from farming, silvicultural, or earthmoving	1992
activities regulated by Chapter 307. or 1515. of the Revised Code;	1993

(4) The excrement of domestic and farm animals defecated on	1994
land or runoff therefrom into any waters of the state;	1995

(5) On and after the date on which the United States	1996
environmental protection agency approves the NPDES program	1997
submitted by the director of agriculture under section 903.08 of	1998
the Revised Code, storm water from an animal feeding facility, as	1999
defined in section 903.01 of the Revised Code, or manure, as	2000
defined in that section;	2001

(6) The discharge of sewage, industrial waste, or other	2002
wastes into a sewerage system tributary to a treatment works.	2003
Division (F)(5)(6) of this section does not authorize any	2004
discharge into a publicly owned treatment works in violation of a	2005
pretreatment program applicable to the publicly owned treatment	2006
works.	2007

(7) Septic tanks or any other disposal systems for the	2008
disposal or treatment of sewage from single-family, two-family, or	2009
three-family dwellings in compliance with the sanitary code and	2010
section 3707.01 of the Revised Code. Division (F)(6)(7) of this	2011
section does not authorize, without a permit, any discharge that	2012
is prohibited by, or for which a permit is required by, regulation	2013
of the United States environmental protection agency.	2014

(8) Exceptional quality sludge generated outside of this	2015
state and contained in bags or other containers not greater than	2016
one hundred pounds in capacity. As used in division (F)(7)(8) of	2017
this section, "exceptional quality sludge" has the same meaning as	2018
in division (Y) of section 3745.11 of the Revised Code.	2019

(G) The holder of a permit issued under section 402 (a) of	2020
the Federal Water Pollution Control Act need not obtain a permit	2021
for a discharge authorized by the permit until its expiration	2022
date. The director shall administer and enforce those permits	2023
within this state and may modify their terms and conditions in	2024
accordance with division (J) of section 6111.03 of the Revised	2025
Code.	2026

Sec. 6111.44.  (A) Except as otherwise provided in division	2027
(B) of this section, in section 6111.14 of the Revised Code, or in	2028
rules adopted under division (G) of section 6111.03 of the Revised	2029
Code, no municipal corporation, county, public institution,	2030
corporation, or officer or employee thereof or other person shall	2031
provide or install sewerage or treatment works for sewage, sludge,	2032
or sludge materials disposal or treatment or make a change in any	2033
sewerage or treatment works until the plans therefor have been	2034
submitted to and approved by the director of environmental	2035
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	2036
to sewerage and treatment works of a municipal corporation or part	2037
thereof, an unincorporated community, a county sewer district, or	2038
other land outside of a municipal corporation or any publicly or	2039
privately owned building or group of buildings or place, used for	2040
the assemblage, entertainment, recreation, education, correction,	2041
hospitalization, housing, or employment of persons.	2042

In granting an approval, the director may stipulate	2043
modifications, conditions, and rules that the public health and	2044
prevention of pollution may require. Any action taken by the	2045
director shall be a matter of public record and shall be entered	2046
in the director's journal. Each period of thirty days that a	2047
violation of this section continues, after a conviction for the	2048
violation, constitutes a separate offense.	2049

(B) Sections 6111.45 and 6111.46 of the Revised Code and	2050
division (A) of this section do not apply to any of the following:	2051

(1) Sewerage or treatment works for sewage installed or to be	2052
installed for the use of a private residence or dwelling;	2053

(2) On and after the date on which the director of	2054
agriculture has finalized the program required under division	2055
(A)(1) of section 903.02 of the Revised Code, sewerageSewerage	2056
systems, treatment works, or disposal systems for storm water from	2057
an animal feeding facility or manure, as "animal feeding facility"	2058
and "manure" are defined in section 903.01 of the Revised Code;	2059

(3) Animal waste treatment or disposal works and related	2060
management and conservation practices that are subject to rules	2061
adopted under division (E)(2) of section 1511.02 of the Revised	2062
Code and involving less than one thousand animal units, as "animal	2063
unit" is defined in the United States environmental protection	2064
agency regulations.	2065

The exclusions established in divisions (B)(2) and (3) of	2066
this section do not apply to animal waste treatment or disposal	2067
works having a controlled direct discharge to the waters of the	2068
state until the date on which the director of agriculture	2069
finalizes the program required under section 903.02 of the Revised	2070
Code. The exclusions established in divisions (B)(2) and (3) of	2071
this section also do not apply to the construction or installation	2072
of disposal systems, as defined in section 6111.01 of the Revised	2073
Code, that are located at an animal feeding facility and that	2074
store, treat, or discharge wastewaters that do not include storm	2075
water or manure or that discharge to a publicly owned treatment	2076
works.	2077

Section 2. That existing sections 307.204, 505.266, 903.01,	2078
903.02, 903.04, 903.07, 903.08, 903.09, 903.10, 903.16, 903.20,	2079
6111.03, 6111.04, and 6111.44 of the Revised Code are hereby	2080
repealed.	2081