SENATORS Mumper, Carnes, Austria, DiDonato, Prentiss, Schuring, Wachtmann, Armbruster, Blessing, Harris, Stivers, Spada, White, Jacobson

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, 903.082, and 903.25 of the

4

Revised Code to revise the statutes governing

5

animal feeding 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, 903.082, and	9
903.25 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	616
rule;. However, if a manure management plan submitted under	617
division (E)(2)(c) of this section does not conform with best	618
management practices regarding the handling, storage,	619
transportation, and land application of manure generated at the	620
facility, the director nevertheless shall deem the plan to conform	621
with best management practices if the owner or operator does all	622
of the following:	623

(i) Performs a phosphorous index risk assessment procedure or	624
a phosphorous soil test risk assessment procedure in accordance	625
with rules;	626

(ii) Demonstrates that the facility cannot comply with best	627
management practices before the date on which the review	628
compliance certificate is to be issued;	629

(iii) Includes in the manure management plan an	630
implementation plan under which the facility will comply with best	631
management practices on or before December 31, 2006.	632

(d) An insect and rodent control plan for the facility that	633
conforms to best management practices and is prepared in	634
accordance with section 903.06 of the Revised Code;	635

(e) In the case of a major concentrated animal feeding	636
facility, written proof that the person who would be responsible	637
for the supervision of the management and handling of manure at	638
the facility has been issued a livestock manager certification in	639
accordance with section 903.07 of the Revised Code.	640

The owner or operator need not furnish any information	641
otherwise required under division (E)(2) of this section if that	642
information is included in the installation permit that was issued	643
for the existing facility.	644

(F) After a review of the existing installation permit, an	645
inspection of the facility, and a review of the information	646
furnished under division (E)(2) of this section, and upon	647
determining that the existing facility is being operated in a	648
manner that protects the waters of the state and minimizes the	649
presence and negative effects of insects and rodents at the	650
facility and in surrounding areas, the director shall issue an	651
order issuing a review compliance certificate to the facility. In	652
issuing the certificate, the director shall consider technical	653
feasibility and economic costs. The director shall not require a	654
significant capital expenditure, as defined by rule, by the	655
facility before issuing a certificate.	656

The director may issue an order denying a review compliance	657
certificate if the facility's insect and rodent control plan or	658
manure management plan does not conform to best management	659
practices and the requirements established in section 903.06 of	660
the Revised Code and in rules. The denial of a review compliance	661
certificate terminates the existing installation permit that was	662
issued to the facility.	663

The issuance of a review compliance certificate shall not	664
require public notice or a public meeting. However, notice shall	665
be provided to persons who own property that is contiguous to the	666
production area of the concentrated animal feeding facility for	667
which the review compliance certificate is to be issued. Such	668
persons may submit written comments to the director within a time	669
established by the director.	670

The issuance of a review compliance certificate shall not be	671
subject to appeal under Chapter 119. or sections 3745.04 to	672
3745.06 of the Revised Code. The denial or revocation of a review	673
compliance certificate or the amendment of an installation permit	674
resulting from a certificate may be challenged by the applicant in	675
an administrative hearing in accordance with Chapter 119. of the	676
Revised Code, except that section 119.12 of the Revised Code does	677
not apply. An order of the director that denies or revokes a	678
certificate or amends an installation permit as a result of a	679
certificate may be appealed to the environmental review appeals	680
commission under sections 3745.04 to 3745.06 of the Revised Code.	681

(G) Upon the issuance of a review compliance certificate, the	682
certificate automatically shall merge and become a part of the	683
previously issued installation permit. If any of the terms and	684
conditions of the installation permit and the review compliance	685
certificate are in conflict, the terms and conditions of the	686
review compliance certificate are controlling.	687

(H)(1) A review compliance certificate is valid for a period	688
of five years. Not later than one hundred eighty days prior to the	689
expiration date of the review compliance certificate, the owner or	690
operator shall apply for a permit to operate.	691

(2) The director may revoke a review compliance certificate	692
issued to an existing facility after the director has issued an	693
order as a result of a hearing held under Chapter 119. of the	694
Revised Code in which the facility has been found to be in	695
violation of the terms and conditions of the review compliance	696
certificate. An existing facility whose review compliance	697
certificate is revoked shall obtain a permit to operate and, if	698
applicable, a NPDES permit in order to resume operating.	699

(I) An existing facility that is issued a review compliance	700
certificate shall comply with the previously issued installation	701
permit, as amended by the certificate.	702

Sec. 903.07.  (A) On and after the date that is established	703
in rules by the director of agriculture, both of the following	704
apply:	705

(1) The management and handling of manure at a major	706
concentrated animal feeding facility, including the land	707
application of manure or the removal of manure from a manure	708
storage or treatment facility, shall be conducted only by or under	709
the supervision of a person holding a livestock manager	710
certification issued under this section. A person managing or	711
handling manure who is acting under the instructions and control	712
of a person holding a livestock manager certification is	713
considered to be under the supervision of the certificate holder	714
if the certificate holder is responsible for the actions of the	715
person and is available when needed even though the certificate	716
holder is not physically present at the time of the manure	717
management or handling.	718

(2) No person shall transport,and land apply annually or	719
buy, or sell, or land apply annually the volume of manure	720
established in rules adopted by the director under division (E)(5)	721
of section 903.10 of the Revised Code unless the person holds a	722
livestock manager certification issued under this section.	723

(B) The director shall issue a livestock manager	724
certification to a person who has submitted a complete application	725
for certification on a form prescribed and provided by the	726
director, together with the appropriate application fee, and who	727
has completed successfully the required training and has passed	728
the required examination. The director may suspend or revoke a	729
livestock manager certification and may reinstate a suspended or	730
revoked livestock manager certification in accordance with rules.	731

(C) Information required to be included in an application for	732
a livestock manager certification, the amount of the application	733
fee, and requirements regarding training and the examination shall	734
be established in rules.	735

Sec. 903.08.  (A)(1) The director of agriculture is	736
authorized to participate in the national pollutant discharge	737
elimination system in accordance with the Federal Water Pollution	738
Control Act. Not later than one hundred eighty days after the	739
effective date of this sectionMarch 15, 2001, the director shall	740
prepare a state program in accordance with 40 C.F.R. 123.21 for	741
point sources that are subject to this section and shall submit	742
the program to the United States environmental protection agency	743
for approval.	744

(2) On and after the date on which the United States	745
environmental protection agency approves the state program	746
submitted under division (A)(1) of this section, the authority to	747
enforce terms and conditions of NPDES permits previously issued	748
under division (J) of section 6111.03 or under section 6111.035 of	749
the Revised Code for the discharging, transporting, or handling of	750
storm water from an animal feeding facility or of manure is	751
transferred from the director of environmental protection to the	752
director of agriculture. Thereafter, the director of environmental	753
protection shall have no authority to enforce the terms and	754
conditions of those NPDES permits. After the transfer of authority	755
under division (A)(2) of this section, the NPDES permits	756
concerning which authority has been transferred shall be	757
considered to have been issued under this section.	758

(B)(1) On and after the date on which the United States	759
environmental protection agency approves the NPDES program	760
submitted by the director of agriculture under this section, no	761
person shall discharge manure from a point source into waters of	762
the state without first obtaining a NPDES permit issued by the	763
director of agriculture under this section. The owner or operator	764
of a concentrated animal feeding operation shall apply to the	765
director for an individual NPDES permit or for coverage under a	766
general NPDES permit issued by the director of agriculture under	767
this section. A concentrated animal feeding operation is deemed to	768
be a point source that discharges manure into the waters of the	769
state unless the director has determined that the concentrated	770
animal feeding operation has no potential to discharge manure into	771
the waters of the state. If an owner or operator of a concentrated	772
animal feeding operation receives notice from the director that	773
the director has determined that the concentrated animal feeding	774
operation has no potential to discharge manure, the owner or	775
operator is not required to apply for an individual NPDES permit	776
or for coverage under a general NPDES permit for that operation.	777
The director's determination shall be made in accordance with	778
rules. Violation of division (B)(1) of this section is hereby	779
declared to be a public nuisance for purposes of state enforcement	780
of this section.	781

(2) Persons that have been issued a permit by the director of	782
environmental protection under division (J) of section 6111.03 of	783
the Revised Code for the discharge of manure prior to the date on	784
which the United States environmental protection agency approves	785
the NPDES program submitted by the director of agriculture under	786
this section may continue to operate under that permit until it	787
expires or is modified or revoked. Such a permit shall be enforced	788
by the director of agriculture upon the transfer of authority to	789
enforce the terms and conditions of the permit under division	790
(A)(2) of this section.	791

(C)(1) On and after the date on which the United States	792
environmental protection agency approves the NPDES program	793
submitted by the director of agriculture under this section, no	794
person shall discharge storm water resulting from an animal	795
feeding facility without first obtaining a NPDES permit issued by	796
the director of agriculture in accordance with rules when such a	797
permit is required by the Federal Water Pollution Control Act.	798
Violation of division (C)(1) of this section is hereby declared to	799
be a public nuisance for purposes of state enforcement of this	800
section.	801

(2) Persons that have been issued a NPDES permit by the	802
director of environmental protection under Chapter 6111. of the	803
Revised Code for the discharge of storm water from an animal	804
feeding facility prior to the date on which the United States	805
environmental protection agency approves the NPDES program	806
submitted by the director of agriculture under this section may	807
continue to operate under that permit until it expires or is	808
modified or revoked. Such a permit shall be enforced by the	809
director of agriculture upon the transfer of authority to enforce	810
the terms and conditions of the permit under division (A)(2) of	811
this section.	812

(D) In accordance with rules, an applicant for a NPDES permit	813
issued under this section shall submit a fee in an amount	814
established by rule together with, except as otherwise provided in	815
division (F) of this section, an application for the permit to the	816
director of agriculture on a form prescribed by the director. The	817
application shall include any information required by rule. The	818
director or the director's authorized representative may help an	819
applicant for a NPDES permit during the application process by	820
providing guidance and technical assistance.	821

(E) The director of agriculture shall issue NPDES permits in	822
accordance with this section and section 903.09 of the Revised	823
Code. The director shall deny an application for a NPDES permit if	824
any of the following applies:	825

(1) The application contains misleading or false information.

826

(2) The administrator of the United States environmental	827
protection agency objects in writing to the issuance of the NPDES	828
permit in accordance with section 402(d) of the Federal Water	829
Pollution Control Act.	830

(3) The director determines that the proposed discharge or	831
source would conflict with an areawide waste treatment management	832
plan adopted in accordance with section 208 of the Federal Water	833
Pollution Control Act.	834

Additional grounds for the denial of a NPDES permit shall be	835
those established in this chapter and rules.	836

(F) To the extent consistent with the Federal Water Pollution	837
Control Act, the director of agriculture shall issue general NPDES	838
permits that will apply in lieu of individual NPDES permits for	839
categories of point sources for which the director determines that	840
all of the following apply:	841

(1) Any discharges authorized by a general permit will have	842
only minimal cumulative adverse effects on the environment when	843
the discharges are considered collectively and individually.	844

(2) The discharges are more appropriately authorized by a	845
general permit than by an individual permit.	846

(3) Each category of point sources satisfies the criteria	847
established in rules.	848

A person who is required to obtain a NPDES permit shall	849
submit to the director a notice of the person's intent to be	850
covered under an existing general permit or, at the person's	851
option, an application for an individual NPDES permit. Upon	852
receipt of a notice of intent for coverage under an existing	853
general permit, the director shall notify the applicant in writing	854
that the person is covered by the general permit if the person	855
satisfies the criteria established in rules for eligibility for	856
such coverage. If the person is ineligible for coverage under the	857
general permit, the director shall require the submission of an	858
application for an individual NPDES permit.	859

(G) The director of agriculture shall establish terms and	860
conditions of NPDES permits in accordance with rules. Terms and	861
conditions shall be designed to achieve and maintain full	862
compliance with national effluent limitations, national standards	863
of performance for new sources, the most current water quality	864
standards adopted under section 6111.041 of the Revised Code, the	865
most current antidegradation policy adopted under section 6111.12	866
of the Revised Code, and other requirements of the Federal Water	867
Pollution Control Act. In establishing the terms and conditions of	868
a NPDES permit, the director, to the extent consistent with that	869
act, shall consider technical feasibility and economic costs and	870
shall allow a reasonable period of time for coming into compliance	871
with the permit.	872

(H) An animal feeding facility that is required to obtain	873
both a NPDES permit and a permit to operate shall be issued a	874
single permit to operate incorporating the terms and conditions	875
established by both permits. The permit to operate expressly shall	876
designate the terms and conditions required under the NPDES	877
program as federally enforceable. All other provisions are	878
enforceable under state law only and expressly shall be designated	879
accordingly.	880

(I) A NPDES permit may be issued under this section for a	881
period not to exceed five years.	882

(J) A NPDES permit issued under this section may be renewed.	883
An application for renewal of a NPDES permit shall be submitted to	884
the director of agriculture at least one hundred eighty days prior	885
to the expiration date of the permit and shall comply with the	886
requirements governing applications for NPDES permits established	887
under this section and by rule.	888

(K)(1) No person shall make any false statement,	889
representation, or certification in an application for a NPDES	890
permit or in any form, notice, or report required to be submitted	891
to the director pursuant to terms and conditions established in a	892
NPDES permit issued under this section.	893

(2) No person shall render inaccurate any monitoring method	894
or device that is required under the terms and conditions of a	895
NPDES permit issued under this section.	896

(L) The director may modify, suspend, or revoke a NPDES	897
permit issued under this section for cause as established by rule.	898
No NPDES permit issued under this section shall be modified,	899
suspended, or revoked without a written order stating the findings	900
that led to the modification, suspension, or revocation. In	901
addition, the permittee has a right to an administrative hearing	902
in accordance with Chapter 119. of the Revised Code, except that	903
section 119.12 of the Revised Code does not apply. Further, an	904
order of the director modifying, suspending, or revoking a NPDES	905
permit may be appealed to the environmental review appeals	906
commission under sections 3745.04 to 3745.06 of the Revised Code.	907

(M)(1) No person shall violate any effluent limitation	908
established by rule.	909

(2) No person shall violate any other provision of a NPDES	910
permit issued under this section.	911

(3) Compliance with a NPDES permit issued under this section	912
constitutes compliance with this section.	913

(N) This section, including the state program authorized in	914
division (A)(1) of this section, shall be administered in a manner	915
consistent with the Federal Water Pollution Control Act.	916

Sec. 903.081. (A) For purposes of section 903.08 of the	917
Revised Code, no person shall issue a NPDES permit if the person	918
receives or has received during the two years prior to the receipt	919
of an application for a NPDES permit a significant portion of	920
income from any NPDES permittee or any applicant for a NPDES	921
permit. In addition, no person who, pursuant to an appeal of an	922
action regarding a NPDES permit, has the authority to require or	923
to order the director of agriculture to vacate or modify a NPDES	924
permit shall require or order the director to vacate or modify a	925
NPDES permit if the person receives or has received during the two	926
years prior to the filing of the appeal a significant portion of	927
income from any NPDES permittee or any applicant for a NPDES	928
permit.	929

(B) As used in this section:

930

(1) "Significant portion of income" means ten per cent or	931
more of gross personal income in a calendar year or fifty per cent	932
or more of gross personal income in a calendar year if the	933
recipient of the income is more than sixty years of age and is	934
receiving that portion of income under retirement benefits,	935
including a pension or similar arrangement.	936

(2) "Income" includes retirement benefits, consultant fees,	937
and stock dividends. "Income" does not include mutual fund	938
payments or other diversified investments for which the recipient	939
does not know the identity of the primary sources of the income.	940

(3) "Permittee" and "applicant for a NPDES permit" does not	941
include any department or agency of the state.	942

Sec. 903.082. (A) The director of agriculture may determine	943
that an animal feeding facility that is not a medium concentrated	944
animal feeding operation or small concentrated animal feeding	945
operation as defined in section 903.01 of the Revised Code	946
nevertheless shall be required to be permitted as a medium or	947
small concentrated animal feeding operation when all of the	948
following apply:	949

(1) The director has received from the chief of the division	950
of soil and water conservation in the department of natural	951
resources a copy of an order issued under section 1511.02 of the	952
Revised Code that specifies that the animal feeding facility has	953
caused agricultural pollution by failure to comply with standards	954
established under that section and that the animal feeding	955
facility therefore should be required to be permitted as a medium	956
or small concentrated animal feeding operation.	957

(2) The director or the director's authorized representative	958
has inspected the animal feeding facility.	959

(3) The director or the director's authorized representative	960
finds that the facility is not being operated in a manner that	961
protects the waters of the state.	962

(B) If an animal feeding facility is required to be permitted	963
in accordance with this section, the owner or operator of the	964
facility shall apply to the director for a permit to operate as a	965
concentrated animal feeding operation. In a situation in which	966
best management practices cannot be implemented without modifying	967
the existing animal feeding facility, the owner or operator of the	968
facility also shall apply for a permit to install for the	969
facility.	970

(C) In the case of an animal feeding facility for which a	971
permit to operate is required under this section, a permit to	972
operate shall not be required after the end of the five-year term	973
of the permit if the problems that caused the facility to be	974
required to obtain the permit have been corrected to the	975
director's satisfaction.	976

Sec. 903.09. (a)(A) Prior to issuing or modifying a permit to	977
install, permit to operate, or NPDES permit, the director of	978
agriculture shall issue a draft permit. The director or the	979
director's representative shall mail notice of the issuance of a	980
draft permit to the applicant and shall publish the notice once in	981
a newspaper of general circulation in the county in which the	982
concentrated animal feeding facility or discharger is located or	983
proposed to be located. The director shall mail notice of the	984
issuance of a draft permit and a copy of the draft permit to the	985
board of county commissioners of the county and the board of	986
township trustees of the township in which the concentrated animal	987
feeding facility or discharger is located or proposed to be	988
located. The director or the director's representative also shall	989
provide notice of the issuance of a draft NPDES permit to any	990
other persons that are entitled to notice under the Federal Water	991
Pollution Control Act. Notice of the issuance of a draft permit to	992
install, permit to operate, or NPDES permit shall include the	993
address where written comments concerning the draft permit may be	994
submitted and the period of time during which comments will be	995
accepted as established by rule.	996

If the director receives written comments in an amount that	997
demonstrates significant public interest, as defined by rule, in	998
the draft permit, the director shall schedule one public meeting	999
to provide information to the public and to hear comments	1000
pertinent to the draft permit. The notice of the public meeting	1001
shall be provided in the same manner as the notice of the issuance	1002
of the draft permit.	1003

(B) If a person is required to obtain both a permit to	1004
install and a permit to operate, including any permit to operate	1005
with NPDES provisions, and public meetings are required for both	1006
permits, the public meetings for the permits shall be combined.	1007

(C) The director shall apply the antidegradation policy	1008
adopted under section 6111.12 of the Revised Code to permits	1009
issued under this chapter to the same degree and under the same	1010
circumstances as it applies to permits issued under Chapter 6111.	1011
of the Revised Code. The director shall hold one public meeting to	1012
consider antidegradation issues when such a meeting is required by	1013
the antidegradation policy. When allowed by the antidegradation	1014
policy, the director shall hold the public meeting on	1015
antidegradation issues concurrently with any public meeting held	1016
for the draft permit.	1017

(D) The director or the director's representative shall	1018
publish notice of the issuance of a final permit to install,	1019
permit to operate, or NPDES permit once in a newspaper of general	1020
circulation in the county in which the concentrated animal feeding	1021
facility or discharger is located.	1022

(E) Failure of the director to provide notice or a public	1023
meeting shall invalidate a permit only if the failure is raised	1024
by, and was relied upon to the detriment of, a person that is	1025
entitled to appeal the permit. Notice or a public meeting is not	1026
required for the modification of a permit made with the consent of	1027
the permittee for the correction of typographical errors.	1028

(F) The denial, modification, suspension, or revocation of a	1029
permit to install, permit to operate, or NPDES permit without the	1030
consent of the applicant or permittee shall be preceded by a	1031
proposed action stating the director's intention to issue an order	1032
with respect to the permit and the reasons for it. The	1033

The director shall mail to the applicant or the permittee	1034
notice of the director's proposed action to deny, suspend, or	1035
revoke a permit to install, permit to operate, or NPDES permit.	1036
The director shall publish the notice once in a newspaper of	1037
general circulation in the county in which the concentrated animal	1038
feeding facility or concentrated animal feeding operation is	1039
located or proposed to be located. The director shall mail a copy	1040
of the notice of the proposed action to the board of county	1041
commissioners of the county and to the board of township trustees	1042
of the township in which the concentrated animal feeding facility	1043
or concentrated animal feeding operation is located or proposed to	1044
be located. The director also shall provide notice of the	1045
director's proposed action to deny, suspend, or revoke a permit to	1046
install, permit to operate, or NPDES permit to any other person	1047
that is entitled to notice under the Federal Water Pollution	1048
Control Act. The notice of the director's proposed action to deny,	1049
suspend, or revoke a permit to install, permit to operate, or	1050
NPDES permit shall include the address where written comments	1051
concerning the director's proposed action may be submitted and the	1052
period of time during which comments will be accepted as	1053
established by rule. If the director receives written comments in	1054
an amount that demonstrates significant public interest, as	1055
defined by rule, the director shall schedule one public meeting to	1056
provide information to the public and to hear comments pertinent	1057
to the proposed action. The notice of the public meeting shall be	1058
provided in the same manner as the notice of the director's	1059
proposed action.	1060

The director shall not issue an order that makes the proposed	1061
action final until the applicant or permittee has had an	1062
opportunity for an adjudication hearing in accordance with Chapter	1063
119. of the Revised Code, except that section 119.12 of the	1064
Revised Code does not apply. An order of the director that	1065
finalizes the proposed action or an order issuing a permit without	1066
a prior proposed action may be appealed to the environmental	1067
review appeals commission under sections 3745.04 to 3745.06 of the	1068
Revised Code.	1069

(G)(1) The director shall issue an order issuing or denying	1070
an application for a permit to operate that contains NPDES	1071
provisions or for a NPDES permit, as well as any application for a	1072
permit to install that is submitted simultaneously, not later than	1073
one hundred eighty days after receiving the application.	1074

(2) In the case of an application for a permit to install or	1075
permit to operate that is not connected with an application for a	1076
NPDES permit, the director shall issue or propose to deny the	1077
permit not later than ninety days after receiving the application.	1078
If the director has proposed to deny the permit to install or	1079
permit to operate under division (G)(2) of this section, the	1080
director shall issue an order denying the permit or, if the	1081
director decides against the proposed denial, issuing the permit	1082
not later than one hundred eighty days after receiving the	1083
application. If the director denies the permit, the director shall	1084
notify the applicant in writing of the reason for the denial.	1085

(H) All rulemaking and the issuance of civil penalties under	1086
this chapter shall comply with Chapter 119. of the Revised Code.	1087

(I) Upon the transfer of ownership of an animal feeding	1088
facility for which a permit to install, an installation permit, a	1089
review compliance certificate, or a permit to operate that	1090
contains no NPDES provisions has been issued, the permit or	1091
certificate shall be transferred to the new owner of the animal	1092
feeding facility except as provided in division (C) of section	1093
903.05 of the Revised Code. In the case of the transfer of	1094
ownership of a point source for which a NPDES permit or a permit	1095
to operate that contains NPDES provisions has been issued, the	1096
permit shall be transferred in accordance with rules.	1097

(J) Applications for installation permits for animal feeding	1098
facilities pending before the director of environmental protection	1099
on the date on which the director of agriculture has finalized the	1100
programs required under division (A)(1) of section 903.02 and	1101
division (A)(1) of section 903.03 of the Revised Code shall be	1102
transferred to the director of agriculture. In the case of an	1103
applicant who is required to obtain a permit to install and a	1104
permit to operate under sections 903.02 and 903.03, respectively,	1105
of the Revised Code, the director of agriculture shall process the	1106
pending application for an installation permit as an application	1107
for a permit to install and a permit to operate.	1108

(K) Applications for NPDES permits for either of the	1109
following that are pending before the director of environmental	1110
protection on the date on which the United States environmental	1111
protection agency approves the NPDES program submitted by the	1112
director of agriculture under section 903.08 of the Revised Code	1113
shall be transferred to the director of agriculture:	1114

(1) The discharge of manure;

1115

(2) The discharge of storm water resulting from an animal	1116
feeding facility. In the case of an applicant who is required to	1117
obtain a NPDES permit under section 903.08 of the Revised Code,	1118
the director of agriculture shall process the pending application	1119
as an application for a NPDES permit under that section.	1120

Sec. 903.10.  The director of agriculture shall adopt rules	1121
in accordance with Chapter 119. of the Revised Code that do all of	1122
the following:	1123

(A) Establish all of the following concerning permits to	1124
install and permits to operate:	1125

(1) A description of what constitutes a modification of a	1126
concentrated animal feeding facility;	1127

(2) The amount of the fee that must be submitted with each	1128
permit application and each application for a permit modification;	1129

(3) Information that must be included in the designs and	1130
plans required to be submitted with an application for a permit to	1131
install and criteria for approving, disapproving, or requiring	1132
modification of the designs and plans;	1133

(4) Information that must be included in a manure management	1134
plan required to be submitted with an application for a permit to	1135
operate;	1136

(5) Information that must be included in an application for	1137
the modification of an installation permit, a permit to install,	1138
or a permit to operate;	1139

(6) Any additional information that must be included with a	1140
permit application;	1141

(7) Procedures for the issuance, denial, modification,	1142
transfer, suspension, and revocation of permits to install and	1143
permits to operate, including general permits;	1144

(8) Grounds for the denial, modification, suspension, or	1145
revocation of permits to install and permits to operate in	1146
addition to the grounds established in division (D) of section	1147
903.02 and division (D) of section 903.03 of the Revised Code;	1148

(9) A requirement that a person that is required to obtain	1149
both a permit to install and a permit to operate submit	1150
applications for those permits simultaneously;	1151

(10) A definition of "general permit to operate" that	1152
establishes categories of concentrated animal feeding facilities	1153
to be covered under such a permit and a definition of "individual	1154
permit to operate" together with the criteria for issuing a	1155
general permit to operate and the criteria for determining a	1156
person's eligibility to operate under a general permit to operate.	1157

(B) Establish all of the following for the purposes of review	1158
compliance certificates issued under section 903.04 of the Revised	1159
Code:	1160

(1) The form of a certificate;

1161

(2) Criteria for what constitutes a significant capital	1162
expenditure under division (D) of that section;	1163

(3) Deadlines and procedures for submitting information under	1164
division (E)(2) of that section.	1165

(C) Establish best management practices that minimize water	1166
pollution, odors, insects, and rodents, that govern the land	1167
application of manure that originated at a concentrated animal	1168
feeding facility, and that govern all of the following activities	1169
that occur at a concentrated animal feeding facility:	1170

(1) Manure management, including the storage, handling,	1171
transportation, and land application of manure. Rules adopted	1172
under division (C)(1) of this section shall include practices that	1173
prevent surface and ground water contamination caused by the	1174
storage of manure or the land application of manure and prevent	1175
the contamination of water in drainage tiles that may be caused by	1176
that application.	1177

(2) Disposal of dead livestock;

1178

(3) Any other activity that the director considers	1179
appropriate.	1180

Best management practices established in rules adopted under	1181
division (C) of this section shall not conflict with best	1182
management practices established in rules that have been adopted	1183
under any other section of the Revised Code and that are in effect	1184
on the effective date of this sectionMarch 15, 2001. The rules	1185
adopted under division (C) of this section shall establish	1186
guidelines that require owners or operators of concentrated animal	1187
feeding facilities to consult with and work with local officials,	1188
including boards of county commissioners and boards of township	1189
trustees, in addressing issues related to local government	1190
infrastructure needs and the financing of that infrastructure.	1191

(D) Establish all of the following concerning insect and	1192
rodent control plans required under section 903.06 of the Revised	1193
Code:	1194

(1) The information to be included in an insect and rodent	1195
control plan;	1196

(2) Criteria for approving, disapproving, or requiring	1197
modification of an insect and rodent control plan;	1198

(3) Criteria for determining compliance with or violation of	1199
an insect and rodent control plan;	1200

(4) Procedures and standards for monitoring insect and rodent	1201
control plans;	1202

(5) Procedures and standards for enforcing insect and rodent	1203
control plans at concentrated animal feeding facilities at which	1204
insects or rodents constitute a nuisance or adversely affect	1205
public health;	1206

(6) The amount of civil penalties for violation of an insect	1207
and rodent control plan assessed by the director of agriculture	1208
under division (B) of section 903.16 of the Revised Code, provided	1209
that the rules adopted under division (D)(6) of this section shall	1210
not establish a civil penalty of more than ten thousand dollars	1211
for a violation involving a concentrated animal feeding facility	1212
with a total design capacity of ten thousand or fewer animal units	1213
that is not a major concentrated animal feeding facility and shall	1214
not establish a civil penalty of more than twenty-five thousand	1215
dollars for a violation involving a major concentrated animal	1216
feeding facility;	1217

(7) The time period within which the director must approve or	1218
deny an insect and rodent control plan after receiving it;	1219

(8) Any other provisions necessary to administer and enforce	1220
section 903.12 of the Revised Code.	1221

(E) Establish all of the following concerning livestock	1222
manager certification required under section 903.07 of the Revised	1223
Code:	1224

(1) The information to be included in an application for a	1225
livestock manager certification and the amount of the application	1226
fee;	1227

(2) The content of the training required to be completed and	1228
of the examination required to be passed by an applicant for a	1229
livestock manager certification. The training shall include and	1230
the examination shall test the applicant's knowledge of	1231
information on topics that include calculating nutrient values in	1232
manure, devising and implementing a plan for the land application	1233
of manure, removing manure held in a manure storage or treatment	1234
facility, and following best management practices established in	1235
rules for disposal of dead animals and manure management,	1236
including practices that control odor and protect the environment.	1237
The director may specify other types of recognized training	1238
programs that, if completed, are considered to satisfy the	1239
training and examination requirement.	1240

(3) Criteria and procedures for the issuance, denial,	1241
suspension, revocation, or reinstatement of a livestock manager	1242
certification;	1243

(4) The length of time during which livestock manager	1244
certifications will be valid and procedures for their renewal;	1245

(5) The volume of manure that must be transported,and land	1246
applied annually or the volume of manure that must be bought, or	1247
sold, or land applied annually by a person in order for the person	1248
to be required to obtain a livestock manager certification under	1249
division (A)(2) of section 903.07 of the Revised Code;	1250

(6) Any other provisions necessary to administer and enforce	1251
section 903.07 of the Revised Code.	1252

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

1253

(1) The designation of concentrated animal feeding operations	1254
that are subject to NPDES permit requirements under section 903.08	1255
of the Revised Code. This designation shall include only those	1256
point sources for which the issuance of NPDES permits is required	1257
under the Federal Water Pollution Control Act.	1258

(2) Effluent limitations governing discharges into waters of	1259
the state that are authorized by permits;	1260

(3) Variances from effluent limitations and other permit	1261
requirements to the extent that the variances are consistent with	1262
the Federal Water Pollution Control Act;	1263

(4) Terms and conditions to be included in a permit,	1264
including, as applicable, best management practices; installation	1265
of discharge or water quality monitoring methods or equipment;	1266
creation and retention of records; submission of periodic reports;	1267
schedules of compliance; net volume, net weight, and, where	1268
necessary, concentration and mass loading limits of manure that	1269
may be discharged into waters of the state; and authorized	1270
duration and frequency of any discharges into waters of the state;	1271

(5) Procedures for the submission of applications for permits	1272
and notices of intent to be covered by general permits, including	1273
information that must be included in the applications and notices;	1274

(6) The amount of the fee that must be submitted with an	1275
application for a permit;	1276

(7) Procedures for processing permit applications, including	1277
public notice and participation requirements;	1278

(8) Procedures for notifying the United States environmental	1279
protection agency of the submission of permit applications, the	1280
director's action on those applications, and any other reasonable	1281
and relevant information;	1282

(9) Procedures for notifying and receiving and responding to	1283
recommendations from other states whose waters may be affected by	1284
the issuance of a permit;	1285

(10) Procedures for the transfer of permits to new owners or	1286
operators;	1287

(11) Grounds and procedures for the issuance, denial,	1288
modification, suspension, or revocation of permits, including	1289
general permits;	1290

(12) A definition of "general NPDES permit" that establishes	1291
categories of point sources to be covered under such a permit and	1292
a definition of "individual NPDES permit" together with the	1293
criteria for issuing a general NPDES permit and the criteria for	1294
determining a person's eligibility to discharge under a general	1295
NPDES permit.	1296

The rules adopted under division (F) of this section shall be	1297
consistent with the requirements of the Federal Water Pollution	1298
Control Act.	1299

(G) Establish public notice and participation requirements,	1300
in addition to the procedures established in rules adopted under	1301
division (F)(7) of this section, for the issuance, denial,	1302
modification, transfer, suspension, and revocation of permits to	1303
install, permits to operate, and NPDES permits consistent with	1304
section 903.09 of the Revised Code, including a definition of what	1305
constitutes significant public interest for the purposes of	1306
divisiondivisions (A) and (F) of section 903.09 of the Revised	1307
Code and procedures for public meetings. The rules shall require	1308
that information that is presented at such a public meeting be	1309
limited to the criteria that are applicable to the permit	1310
application that is the subject of the public meeting.	1311

(H) Establish the amount of civil penalties assessed by the	1312
director of agriculture under division (B) of section 903.16 of	1313
the Revised Code for violation of the terms and conditions of a	1314
permit to install, permit to operate, or review compliance	1315
certificate, provided that the rules adopted under this division	1316
shall not establish a civil penalty of more than ten thousand	1317
dollars per day for each violation;	1318

(I) Establish procedures for the protection of trade secrets	1319
from public disclosure. The procedures shall authorize the release	1320
of trade secrets to officers, employees, or authorized	1321
representatives of the state, another state, or the United States	1322
when necessary for an enforcement action brought under this	1323
chapter or when otherwise required by the Federal Water Pollution	1324
Control Act. The rules shall require at least ten days' written	1325
notice to the person to whom a trade secret applies prior to the	1326
release of the trade secret. Rules adopted under this division do	1327
not apply to any information that is contained in applications,	1328
including attachments, for NPDES permits and that is required to	1329
be submitted under section 903.08 of the Revised Code or rules	1330
adopted under division (F) of this section.	1331

(J) Establish any other provisions necessary to administer	1332
and enforce this chapter.	1333

Sec. 903.16.  (A) The director of agriculture may propose to	1334
require corrective actions and assess a civil penalty against an	1335
owner or operator of a concentrated animal feeding facility if the	1336
director or the director's authorized representative determines	1337
that the owner or operator is not in compliance with section	1338
903.02, 903.03, or 903.04 of the Revised Code, the terms and	1339
conditions of a permit to install, permit to operate, or review	1340
compliance certificate issued for the concentrated animal feeding	1341
facility, including the requirements established under division	1342
(C) of section 903.06 or division (A) of section 903.07 of the	1343
Revised Code, or rules adopted under division (A) of section	1344
903.10 of the Revised Code. However, the director may impose a	1345
civil penalty only if all of the following occur:	1346

(1) The owner or operator is notified in writing of the	1347
deficiencies resulting in noncompliance, the actions that the	1348
owner or operator must take to correct the deficiencies, and the	1349
time period within which the owner or operator must correct the	1350
deficiencies and attain compliance.	1351

(2) After the time period specified in the notice has	1352
elapsed, the director or the director's duly authorized	1353
representative has inspected the concentrated animal feeding	1354
facility, determined that the owner or operator is still not in	1355
compliance, and issued a notice of an adjudication hearing.	1356

(3) The director affords the owner or operator an opportunity	1357
for an adjudication hearing under Chapter 119. of the Revised Code	1358
to challenge the director's determination that the owner or	1359
operator is not in compliance or the imposition of the civil	1360
penalty, or both. However, the owner or operator may waive the	1361
right to an adjudication hearing.	1362

(B) If the opportunity for an adjudication hearing is waived	1363
or if, after an adjudication hearing, the director determines that	1364
a violation has occurred or is occurring, the director may issue	1365
an order requiring compliance and assess the civil penalty. The	1366
order and the assessment of the civil penalty may be appealed in	1367
accordance with section 119.12 of the Revised Code.	1368

Civil penalties shall be assessed under this division as	1369
follows:	1370

(1) A person who has violated section 903.02, 903.03, or	1371
903.04 of the Revised Code, the terms and conditions of a permit	1372
to install, permit to operate, or review compliance certificate,	1373
or rules adopted under division (A) of section 903.10 of the	1374
Revised Code shall pay a civil penalty in an amount established in	1375
rules unless the violation is of the requirements established	1376
under division (C) of section 903.06 or division (A) of section	1377
903.07 of the Revised Code.	1378

(2) A person who has violated the requirements established	1379
under division (C) of section 903.06 of the Revised Code shall pay	1380
a civil penalty in an amount established in rules for each	1381
violation. Each seven-day period during which a violation	1382
continues constitutes a separate violation.	1383

(3) A person who has violated the requirements established	1384
under division (A) of section 903.07 of the Revised Code shall pay	1385
a civil penalty of not more than ten thousand dollars for each	1386
violation. Each thirty-day period during which a violation	1387
continues constitutes a separate violation.	1388

(C) The attorney general, upon the written request of the	1389
director, shall bring an action for an injunction in any court of	1390
competent jurisdiction against any person violating or threatening	1391
to violate section 903.02, 903.03, or 903.04 of the Revised Code;	1392
the terms and conditions of a permit to install, permit to	1393
operate, or review compliance certificate, including the	1394
requirements established under division (C) of section 903.06 or	1395
division (A) of section 903.07 of the Revised Code; rules adopted	1396
under division (A) of section 903.10 of the Revised Code; or an	1397
order issued under division (B) of this section.	1398

(D)(1) In lieu of seeking civil penalties under division (A)	1399
of this section, the director may request the attorney general, in	1400
writing, to bring an action for a civil penalty in a court of	1401
competent jurisdiction against any person that has violated or is	1402
violating the terms and conditions of a permit to install, permit	1403
to operate, or review compliance certificate, including the	1404
requirements established under division (C) of section 903.06 or	1405
division (A) of section 903.07 of the Revised Code.	1406

(2) The director may request the attorney general, in	1407
writing, to bring an action for a civil penalty in a court of	1408
competent jurisdiction against any person that has violated or is	1409
violating section 903.02, 903.03, or 903.04 of the Revised Code,	1410
rules adopted under division (A) of section 903.10 of the Revised	1411
Code, or an order issued under division (B) of this section.	1412

(3) A person who has committed a violation for which the	1413
attorney general may bring an action for a civil penalty under	1414
division (D)(1) or (2) of this section shall pay a civil penalty	1415
of not more than ten thousand dollars per violation. Each day that	1416
a violation continues constitutes a separate violation.	1417

Sec. 903.20.  (A) There is hereby created the concentrated	1418
animal feeding facility advisory committee consisting of the	1419
directors of agriculture, development, environmental protection,	1420
and natural resources and the dean of the college of food,	1421
agricultural, and environmental sciences of the Ohio state	1422
university, or their designees, as members ex officio, and sixteen	1423
members to be appointed by the director of agriculture. Of the	1424
appointed members, one shall be an elected local government	1425
official whose jurisdiction has a concentrated animal feeding	1426
facility located in it at the time that the official is appointed	1427
to the committee, one shall be a person who is licensed to	1428
practice veterinary medicine under Chapter 4741. of the Revised	1429
Code, one shall represent the interests of poultry producers, one	1430
shall represent the interests of swine producers, one shall	1431
represent the interests of dairy farmers, one shall represent the	1432
interests of beef cattle producers, one shall represent the	1433
interests of sheep producers, one shall represent the interests of	1434
drinking water utilities, one shall represent the interests of	1435
wastewater utilities, one shall represent the Ohio environmental	1436
health association, two shall represent the interests of statewide	1437
environmental advocacy organizations, and four shall represent the	1438
interests of the public. Prior to making the appointment of the	1439
member who is an elected local government official, the director	1440
shall solicit a list of suggested candidates from the appropriate	1441
statewide associations that represent the interests of local	1442
governments. Prior to making an appointment of a member	1443
representing the interests of poultry, swine, beef cattle, or	1444
sheep producers or dairy farmers, the director shall solicit from	1445
the appropriate statewide trade associations a list of suggested	1446
candidates to represent the interests of the species category on	1447
the committee. The members representing the public shall not be	1448
owners or operators of concentrated animal feeding facilities or	1449
associated with such facilities by contract.	1450

Not later than thirty days after the effective date of this	1451
sectionMarch 15, 2001, the director shall make appointments to	1452
the committee. Of the initial appointments, six shall be for terms	1453
ending one year after the effective date of this sectionMarch 15,	1454
2001, five shall be for terms ending two years after the effective	1455
date of this sectionMarch 15, 2001, and five shall be for terms	1456
ending three years after the effective date of this sectionMarch	1457
15, 2001. Thereafter, terms of office shall be for three years,	1458
with each term ending on the same day of the same month as did the	1459
term that it succeeds. Each member shall hold office from the date	1460
of appointment until the end of the term for which the member was	1461
appointed. Members may be reappointed. Vacancies shall be filled	1462
in the manner provided for original appointments. Any member	1463
appointed to fill a vacancy occurring prior to the expiration date	1464
of the term for which the member's predecessor was appointed shall	1465
hold office for the remainder of that term. A member shall	1466
continue in office subsequent to the expiration date of the	1467
member's term until the member's successor takes office or until a	1468
period of sixty days has elapsed, whichever occurs first.	1469

The committee shall meet at times that the chairperson or a	1470
majority of the committee members considers appropriate, provided	1471
that no meeting shall be held on the call of the chairperson	1472
unless at least seven days' written notice first is provided to	1473
all members of the committee. At the first meeting of the	1474
committee in each calendar year, the director of agriculture shall	1475
designate one member of the committee to serve as its chairperson	1476
and one member to serve as its vice-chairperson. A majority vote	1477
of the members of the committee is necessary to take action on any	1478
matter. A vacancy on the committee does not impair the right of	1479
the other members to exercise all of the committee's powers.	1480

Serving as an appointed member of the committee does not	1481
constitute holding a public office or position of employment under	1482
the laws of this state and does not constitute grounds for removal	1483
of public officers or employees from their offices or positions of	1484
employment. The director of agriculture, after notice and a public	1485
meeting, may remove any appointed member of the committee for	1486
misfeasance, nonfeasance, or malfeasance in office.	1487

Appointed members of the committee shall serve without	1488
compensation for attending committee meetings. Members of the	1489
committee shall be reimbursed for their actual and necessary	1490
expenses incurred in the performance of official duties as members	1491
of the committee.	1492

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

1493

(1) Adopt rules or procedures governing the conduct of its	1494
internal affairs;	1495

(2) Request from the director of agriculture, and the	1496
director shall provide, meeting space, staff support, services,	1497
and data to enable it to carry out its functions.	1498

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

1499

(1) Advise the director of agriculture in the administration	1500
of this chapter;	1501

(2) Keep abreast of advances in manure management practices	1502
and annually advise the directors of agriculture, environmental	1503
protection, and natural resources of the recent advances in those	1504
areas and regarding the need for amending what constitutes best	1505
management practices;	1506

(3) In consultation with the director of agriculture, prepare	1507
and, upon request, distribute written materials designed to assist	1508
persons who propose to establish a new or modify an existing	1509
concentrated animal feeding facility in applying for a permit to	1510
install or permit to operate. The materials also shall include	1511
information stating that, in addition to obtaining a permit to	1512
operate, it may be necessary to obtain a NPDES permit for the	1513
discharge of manure or storm water. In addition, the written	1514
materials shall include information on the meaning of a "complete	1515
application" for all of the permits, information on the public	1516
meeting process in connection with the relevant permits issued	1517
under this chapter, and a summary of the antidegradation policy	1518
established under section 6111.12 of the Revised Code together	1519
with an indication of the possibility that the owner's or	1520
operator's proposed new or modified disposal system for manure or	1521
discharges may be subject to that policy.	1522

(4) Not later than twelve months after the effective date of	1523
this section, conduct an examination of the scientific	1524
appropriateness of the definition of "animal unit" in section	1525
903.01 of the Revised Code and prepare and submit to the general	1526
assembly, the governor, and the directors of agriculture,	1527
environmental protection, and natural resources the committee's	1528
findings and any recommendations for legislative changes in that	1529
definition that are necessary or appropriate to reflect on a more	1530
scientific basis manure generation rates among livestock species	1531
and types of concentrated animal feeding facilities.	1532

(D) Section 101.84Sections 101.82 to 101.87 of the Revised	1533
Code doesdo not apply to the committee.	1534

Sec. 903.25. An owner or operator of an animal feeding	1535
facility who holds a permit to install, a permit to operate, a	1536
review compliance certificate, or a NPDES permit or who is	1537
operating under an operation and management plan, as defined in	1538
section 1511.01 of the Revised Code, approved by the chief of the	1539
division of soil and water conservation in the department of	1540
natural resources under section 1511.02 of the Revised Code or by	1541
the supervisors of the appropriate soil and water conservation	1542
district under section 1515.08 of the Revised Code shall not be	1543
required by any political subdivision of the state or any officer,	1544
employee, agency, board, commission, department, or other	1545
instrumentality of a political subdivision to obtain a license,	1546
permit, or other approval pertaining to manure, insects or	1547
rodents, odor, or siting requirements for installation of an	1548
animal feeding facility.	1549

Sec. 6111.03.  The director of environmental protection may	1550
do any of the following:	1551

(A) Develop plans and programs for the prevention, control,	1552
and abatement of new or existing pollution of the waters of the	1553
state;	1554

(B) Advise, consult, and cooperate with other agencies of the	1555
state, the federal government, other states, and interstate	1556
agencies and with affected groups, political subdivisions, and	1557
industries in furtherance of the purposes of this chapter. Before	1558
adopting, amending, or rescinding a standard or rule pursuant to	1559
division (G) of this section or section 6111.041 or 6111.042 of	1560
the Revised Code, the director shall do all of the following:	1561

(1) Mail notice to each statewide organization that the	1562
director determines represents persons who would be affected by	1563
the proposed standard or rule, amendment thereto, or rescission	1564
thereof at least thirty-five days before any public hearing	1565
thereon;	1566

(2) Mail a copy of each proposed standard or rule, amendment	1567
thereto, or rescission thereof to any person who requests a copy,	1568
within five days after receipt of the request therefor;	1569

(3) Consult with appropriate state and local government	1570
agencies or their representatives, including statewide	1571
organizations of local government officials, industrial	1572
representatives, and other interested persons.	1573

Although the director is expected to discharge these duties	1574
diligently, failure to mail any such notice or copy or to so	1575
consult with any person shall not invalidate any proceeding or	1576
action of the director.	1577

(C) Administer grants from the federal government and from	1578
other sources, public or private, for carrying out any of its	1579
functions, all such moneys to be deposited in the state treasury	1580
and kept by the treasurer of state in a separate fund subject to	1581
the lawful orders of the director;	1582

(D) Administer state grants for the construction of sewage	1583
and waste collection and treatment works;	1584

(E) Encourage, participate in, or conduct studies,	1585
investigations, research, and demonstrations relating to water	1586
pollution, and the causes, prevention, control, and abatement	1587
thereof, that are advisable and necessary for the discharge of the	1588
director's duties under this chapter;	1589

(F) Collect and disseminate information relating to water	1590
pollution and prevention, control, and abatement thereof;	1591

(G) Adopt, amend, and rescind rules in accordance with	1592
Chapter 119. of the Revised Code governing the procedure for	1593
hearings, the filing of reports, the issuance of permits, the	1594
issuance of industrial water pollution control certificates, and	1595
all other matters relating to procedure;	1596

(H) Issue, modify, or revoke orders to prevent, control, or	1597
abate water pollution by such means as the following:	1598

(1) Prohibiting or abating discharges of sewage, industrial	1599
waste, or other wastes into the waters of the state;	1600

(2) Requiring the construction of new disposal systems or any	1601
parts thereof, or the modification, extension, or alteration of	1602
existing disposal systems or any parts thereof;	1603

(3) Prohibiting additional connections to or extensions of a	1604
sewerage system when the connections or extensions would result in	1605
an increase in the polluting properties of the effluent from the	1606
system when discharged into any waters of the state;	1607

(4) Requiring compliance with any standard or rule adopted	1608
under sections 6111.01 to 6111.05 of the Revised Code or term or	1609
condition of a permit.	1610

In the making of those orders, wherever compliance with a	1611
rule adopted under section 6111.042 of the Revised Code is not	1612
involved, consistent with the Federal Water Pollution Control Act,	1613
the director shall give consideration to, and base the	1614
determination on, evidence relating to the technical feasibility	1615
and economic reasonableness of complying with those orders and to	1616
evidence relating to conditions calculated to result from	1617
compliance with those orders, and their relation to benefits to	1618
the people of the state to be derived from such compliance in	1619
accomplishing the purposes of this chapter.	1620

(I) Review plans, specifications, or other data relative to	1621
disposal systems or any part thereof in connection with the	1622
issuance of orders, permits, and industrial water pollution	1623
control certificates under this chapter;	1624

(J)(1) Issue, revoke, modify, or deny sludge management	1625
permits and permits for the discharge of sewage, industrial waste,	1626
or other wastes into the waters of the state, and for the	1627
installation or modification of disposal systems or any parts	1628
thereof in compliance with all requirements of the Federal Water	1629
Pollution Control Act and mandatory regulations adopted	1630
thereunder, including regulations adopted under section 405 of the	1631
Federal Water Pollution Control Act, and set terms and conditions	1632
of permits, including schedules of compliance, where necessary.	1633
Any person who discharges, transports, or handles storm water from	1634
an animal feeding facility, as defined in section 903.01 of the	1635
Revised Code, or manure, as defined in that section, is not	1636
required to obtain a permit under division (J)(1) of this section	1637
for the installation or modification of a disposal system	1638
involving manure or storm water or any parts of such a system on	1639
and after the date on which the director of agriculture has	1640
finalized the program required under division (A)(1) of section	1641
903.02 of the Revised Code. In addition, any person who	1642
discharges, transports, or handles storm water from an animal	1643
feeding facility, as defined in section 903.01 of the revised	1644
code, or manure, as defined in that section, is not required to	1645
obtain a permit under division (J)(1) of this section for the	1646
discharge of storm water or manure on and after the date on which	1647
the United States environmental protection agency approves the	1648
NPDES program submitted by the director of agriculture under	1649
section 903.08 of the Revised Code.	1650

Any permit terms and conditions set by the director shall be	1651
designed to achieve and maintain full compliance with the national	1652
effluent limitations, national standards of performance for new	1653
sources, and national toxic and pretreatment effluent standards	1654
set under that act, and any other mandatory requirements of that	1655
act that are imposed by regulation of the administrator of the	1656
United States environmental protection agency. If an applicant for	1657
a sludge management permit also applies for a related permit for	1658
the discharge of sewage, industrial waste, or other wastes into	1659
the waters of the state, the director may combine the two permits	1660
and issue one permit to the applicant.	1661

A sludge management permit is not required for an entity that	1662
treats or transports sewage sludge or for a sanitary landfill when	1663
all of the following apply:	1664

(a) The entity or sanitary landfill does not generate the	1665
sewage sludge.	1666

(b) Prior to receipt at the sanitary landfill, the entity has	1667
ensured that the sewage sludge meets the requirements established	1668
in rules adopted by the director under section 3734.02 of the	1669
Revised Code concerning disposal of municipal solid waste in a	1670
sanitary landfill.	1671

(c) Disposal of the sewage sludge occurs at a sanitary	1672
landfill that complies with rules adopted by the director under	1673
section 3734.02 of the Revised Code.	1674

As used in division (J)(1) of this section, "sanitary	1675
landfill" means a sanitary landfill facility, as defined in rules	1676
adopted under section 3734.02 of the Revised Code, that is	1677
licensed as a solid waste facility under section 3734.05 of the	1678
Revised Code.	1679

(2) An application for a permit or renewal thereof shall be	1680
denied if any of the following applies:	1681

(a) The secretary of the army determines in writing that	1682
anchorage or navigation would be substantially impaired thereby;	1683

(b) The director determines that the proposed discharge or	1684
source would conflict with an areawide waste treatment management	1685
plan adopted in accordance with section 208 of the Federal Water	1686
Pollution Control Act;	1687

(c) The administrator of the United States environmental	1688
protection agency objects in writing to the issuance or renewal of	1689
the permit in accordance with section 402 (d) of the Federal Water	1690
Pollution Control Act;	1691

(d) The application is for the discharge of any radiological,	1692
chemical, or biological warfare agent or high-level radioactive	1693
waste into the waters of the United States.	1694

(3) To achieve and maintain applicable standards of quality	1695
for the waters of the state adopted pursuant to section 6111.041	1696
of the Revised Code, the director shall impose, where necessary	1697
and appropriate, as conditions of each permit, water quality	1698
related effluent limitations in accordance with sections 301, 302,	1699
306, 307, and 405 of the Federal Water Pollution Control Act and,	1700
to the extent consistent with that act, shall give consideration	1701
to, and base the determination on, evidence relating to the	1702
technical feasibility and economic reasonableness of removing the	1703
polluting properties from those wastes and to evidence relating to	1704
conditions calculated to result from that action and their	1705
relation to benefits to the people of the state and to	1706
accomplishment of the purposes of this chapter.	1707

(4) Where a discharge having a thermal component from a	1708
source that is constructed or modified on or after October 18,	1709
1972, meets national or state effluent limitations or more	1710
stringent permit conditions designed to achieve and maintain	1711
compliance with applicable standards of quality for the waters of	1712
the state, which limitations or conditions will ensure protection	1713
and propagation of a balanced, indigenous population of shellfish,	1714
fish, and wildlife in or on the body of water into which the	1715
discharge is made, taking into account the interaction of the	1716
thermal component with sewage, industrial waste, or other wastes,	1717
the director shall not impose any more stringent limitation on the	1718
thermal component of the discharge, as a condition of a permit or	1719
renewal thereof for the discharge, during a ten-year period	1720
beginning on the date of completion of the construction or	1721
modification of the source, or during the period of depreciation	1722
or amortization of the source for the purpose of section 167 or	1723
169 of the Internal Revenue Code of 1954, whichever period ends	1724
first.	1725

(5) The director shall specify in permits for the discharge	1726
of sewage, industrial waste, and other wastes, the net volume, net	1727
weight, duration, frequency, and, where necessary, concentration	1728
of the sewage, industrial waste, and other wastes that may be	1729
discharged into the waters of the state. The director shall	1730
specify in those permits and in sludge management permits that the	1731
permit is conditioned upon payment of applicable fees as required	1732
by section 3745.11 of the Revised Code and upon the right of the	1733
director's authorized representatives to enter upon the premises	1734
of the person to whom the permit has been issued for the purpose	1735
of determining compliance with this chapter, rules adopted	1736
thereunder, or the terms and conditions of a permit, order, or	1737
other determination. The director shall issue or deny an	1738
application for a sludge management permit or a permit for a new	1739
discharge, for the installation or modification of a disposal	1740
system, or for the renewal of a permit, within one hundred eighty	1741
days of the date on which a complete application with all plans,	1742
specifications, construction schedules, and other pertinent	1743
information required by the director is received.	1744

(6) The director may condition permits upon the installation	1745
of discharge or water quality monitoring equipment or devices and	1746
the filing of periodic reports on the amounts and contents of	1747
discharges and the quality of receiving waters that the director	1748
prescribes. The director shall condition each permit for a	1749
government-owned disposal system or any other "treatment works" as	1750
defined in the Federal Water Pollution Control Act upon the	1751
reporting of new introductions of industrial waste or other wastes	1752
and substantial changes in volume or character thereof being	1753
introduced into those systems or works from "industrial users" as	1754
defined in section 502 of that act, as necessary to comply with	1755
section 402(b)(8) of that act; upon the identification of the	1756
character and volume of pollutants subject to pretreatment	1757
standards being introduced into the system or works; and upon the	1758
existence of a program to ensure compliance with pretreatment	1759
standards by "industrial users" of the system or works. In	1760
requiring monitoring devices and reports, the director, to the	1761
extent consistent with the Federal Water Pollution Control Act,	1762
shall give consideration to technical feasibility and economic	1763
reasonableness and shall allow reasonable time for compliance.	1764

(7) A permit may be issued for a period not to exceed five	1765
years and may be renewed upon application for renewal and upon a	1766
finding by the director that the permit holder is making	1767
satisfactory progress toward the achievement of all applicable	1768
standards and has complied with the terms and conditions of the	1769
existing permit. A permit may be modified, suspended, or revoked	1770
for cause, including, but not limited to, violation of any	1771
condition of the permit, obtaining a permit by misrepresentation	1772
or failure to disclose fully all relevant facts of the permitted	1773
discharge or of the sludge use, storage, treatment, or disposal	1774
practice, or changes in any condition that requires either a	1775
temporary or permanent reduction or elimination of the permitted	1776
activity. No application shall be denied or permit revoked or	1777
modified without a written order stating the findings upon which	1778
the denial, revocation, or modification is based. A copy of the	1779
order shall be sent to the applicant or permit holder by certified	1780
mail.	1781

(K) Institute or cause to be instituted in any court of	1782
competent jurisdiction proceedings to compel compliance with this	1783
chapter or with the orders of the director issued under this	1784
chapter, or to ensure compliance with sections 204(b), 307, 308,	1785
and 405 of the Federal Water Pollution Control Act;	1786

(L) Issue, deny, revoke, or modify industrial water pollution	1787
control certificates;	1788

(M) Certify to the government of the United States or any	1789
agency thereof that an industrial water pollution control facility	1790
is in conformity with the state program or requirements for the	1791
control of water pollution whenever the certification may be	1792
required for a taxpayer under the Internal Revenue Code of the	1793
United States, as amended;	1794

(N) Issue, modify, and revoke orders requiring any	1795
"industrial user" of any publicly owned "treatment works" as	1796
defined in sections 212(2) and 502(18) of the Federal Water	1797
Pollution Control Act to comply with pretreatment standards;	1798
establish and maintain records; make reports; install, use, and	1799
maintain monitoring equipment or methods, including, where	1800
appropriate, biological monitoring methods; sample discharges in	1801
accordance with methods, at locations, at intervals, and in a	1802
manner that the director determines; and provide other information	1803
that is necessary to ascertain whether or not there is compliance	1804
with toxic and pretreatment effluent standards. In issuing,	1805
modifying, and revoking those orders, the director, to the extent	1806
consistent with the Federal Water Pollution Control Act, shall	1807
give consideration to technical feasibility and economic	1808
reasonableness and shall allow reasonable time for compliance.	1809

(O) Exercise all incidental powers necessary to carry out the	1810
purposes of this chapter;	1811

(P) Certify or deny certification to any applicant for a	1812
federal license or permit to conduct any activity that may result	1813
in any discharge into the waters of the state that the discharge	1814
will comply with the Federal Water Pollution Control Act;	1815

(Q) Administer and enforce the publicly owned treatment works	1816
pretreatment program in accordance with the Federal Water	1817
Pollution Control Act. In the administration of that program, the	1818
director may do any of the following:	1819

(1) Apply and enforce pretreatment standards;

1820

(2) Approve and deny requests for approval of publicly owned	1821
treatment works pretreatment programs, oversee those programs, and	1822
implement, in whole or in part, those programs under any of the	1823
following conditions:	1824

(a) The director has denied a request for approval of the	1825
publicly owned treatment works pretreatment program;	1826

(b) The director has revoked the publicly owned treatment	1827
works pretreatment program;	1828

(c) There is no pretreatment program currently being	1829
implemented by the publicly owned treatment works;	1830

(d) The publicly owned treatment works has requested the	1831
director to implement, in whole or in part, the pretreatment	1832
program.	1833

(3) Require that a publicly owned treatment works	1834
pretreatment program be incorporated in a permit issued to a	1835
publicly owned treatment works as required by the Federal Water	1836
Pollution Control Act, require compliance by publicly owned	1837
treatment works with those programs, and require compliance by	1838
industrial users with pretreatment standards;	1839

(4) Approve and deny requests for authority to modify	1840
categorical pretreatment standards to reflect removal of	1841
pollutants achieved by publicly owned treatment works;	1842

(5) Deny and recommend approval of requests for fundamentally	1843
different factors variances submitted by industrial users;	1844

(6) Make determinations on categorization of industrial	1845
users;	1846

(7) Adopt, amend, or rescind rules and issue, modify, or	1847
revoke orders necessary for the administration and enforcement of	1848
the publicly owned treatment works pretreatment program.	1849

Any approval of a publicly owned treatment works pretreatment	1850
program may contain any terms and conditions, including schedules	1851
of compliance, that are necessary to achieve compliance with this	1852
chapter.	1853

(R) Except as otherwise provided in this division, adopt	1854
rules in accordance with Chapter 119. of the Revised Code	1855
establishing procedures, methods, and equipment and other	1856
requirements for equipment to prevent and contain discharges of	1857
oil and hazardous substances into the waters of the state. The	1858
rules shall be consistent with and equivalent in scope, content,	1859
and coverage to section 311(j)(1)(c) of the Federal Water	1860
Pollution Control Act and regulations adopted under it. The	1861
director shall not adopt rules under this division relating to	1862
discharges of oil from oil production facilities and oil drilling	1863
and workover facilities as those terms are defined in that act and	1864
regulations adopted under it.	1865

(S)(1) Administer and enforce a program for the regulation of	1866
sludge management in this state. In administering the program, the	1867
director, in addition to exercising the authority provided in any	1868
other applicable sections of this chapter, may do any of the	1869
following:	1870

(a) Develop plans and programs for the disposal and	1871
utilization of sludge and sludge materials;	1872

(b) Encourage, participate in, or conduct studies,	1873
investigations, research, and demonstrations relating to the	1874
disposal and use of sludge and sludge materials and the impact of	1875
sludge and sludge materials on land located in the state and on	1876
the air and waters of the state;	1877

(c) Collect and disseminate information relating to the	1878
disposal and use of sludge and sludge materials and the impact of	1879
sludge and sludge materials on land located in the state and on	1880
the air and waters of the state;	1881

(d) Issue, modify, or revoke orders to prevent, control, or	1882
abate the use and disposal of sludge and sludge materials or the	1883
effects of the use of sludge and sludge materials on land located	1884
in the state and on the air and waters of the state;	1885

(e) Adopt and enforce, modify, or rescind rules necessary for	1886
the implementation of division (S) of this section. The rules	1887
reasonably shall protect public health and the environment,	1888
encourage the beneficial reuse of sludge and sludge materials, and	1889
minimize the creation of nuisance odors.	1890

The director may specify in sludge management permits the net	1891
volume, net weight, quality, and pollutant concentration of the	1892
sludge or sludge materials that may be used, stored, treated, or	1893
disposed of, and the manner and frequency of the use, storage,	1894
treatment, or disposal, to protect public health and the	1895
environment from adverse effects relating to those activities. The	1896
director shall impose other terms and conditions to protect public	1897
health and the environment, minimize the creation of nuisance	1898
odors, and achieve compliance with this chapter and rules adopted	1899
under it and, in doing so, shall consider whether the terms and	1900
conditions are consistent with the goal of encouraging the	1901
beneficial reuse of sludge and sludge materials.	1902

The director may condition permits on the implementation of	1903
treatment, storage, disposal, distribution, or application	1904
management methods and the filing of periodic reports on the	1905
amounts, composition, and quality of sludge and sludge materials	1906
that are disposed of, used, treated, or stored.	1907

An approval of a treatment works sludge disposal program may	1908
contain any terms and conditions, including schedules of	1909
compliance, necessary to achieve compliance with this chapter and	1910
rules adopted under it.	1911

(2) As a part of the program established under division	1912
(S)(1) of this section, the director has exclusive authority to	1913
regulate sewage sludge management in this state. For purposes of	1914
division (S)(2) of this section, that program shall be consistent	1915
with section 405 of the Federal Water Pollution Control Act and	1916
regulations adopted under it and with this section, except that	1917
the director may adopt rules under division (S) of this section	1918
that establish requirements that are more stringent than section	1919
405 of the Federal Water Pollution Control Act and regulations	1920
adopted under it with regard to monitoring sewage sludge and	1921
sewage sludge materials and establishing acceptable sewage sludge	1922
management practices and pollutant levels in sewage sludge and	1923
sewage sludge materials.	1924

This chapter authorizes the state to participate in any	1925
national sludge management program and the national pollutant	1926
discharge elimination system, to administer and enforce the	1927
publicly owned treatment works pretreatment program, and to issue	1928
permits for the discharge of dredged or fill materials, in	1929
accordance with the Federal Water Pollution Control Act. This	1930
chapter shall be administered, consistent with the laws of this	1931
state and federal law, in the same manner that the Federal Water	1932
Pollution Control Act is required to be administered.	1933

This section does not apply to animal waste disposal systems	1934
and related management and conservation practices subject to rules	1935
adopted pursuant to division (E)(4) of section 1511.02 of the	1936
Revised Code and involving less than one thousand animal units, as	1937
"animal units" is defined in the United States environmental	1938
protection agency regulations. However, until the date on which	1939
the United States environmental protection agency approves the	1940
NPDES program submitted by the director of agriculture under	1941
section 903.08 of the Revised Code, this exclusion does not apply	1942
to animal waste treatment works having a controlled direct	1943
discharge to the waters of the state or any concentrated animal	1944
feeding operation, as defined in 40 C.F.R. 122.23(b)(2). On and	1945
after the date on which the United States environmental protection	1946
agency approves the NPDES program submitted by the director of	1947
agriculture under section 903.08 of the Revised Code, this section	1948
does not apply to storm water from an animal feeding facility, as	1949
defined in section 903.01 of the Revised Code, or to manure, as	1950
defined in that section. Neither of these exclusions applies to	1951
the discharge of animal waste into a publicly owned treatment	1952
works.	1953

Sec. 6111.04.  (A) Both of the following apply except as	1954
otherwise provided in division (A) or (F) of this section:	1955

(1) No person shall cause pollution or place or cause to be	1956
placed any sewage, sludge, sludge materials, industrial waste, or	1957
other wastes in a location where they cause pollution of any	1958
waters of the state.	1959

(2) Such an action prohibited under division (A)(1) of this	1960
section is hereby declared to be a public nuisance.	1961

Divisions (A)(1) and (2) of this section do not apply if the	1962
person causing pollution or placing or causing to be placed wastes	1963
in a location in which they cause pollution of any waters of the	1964
state holds a valid, unexpired permit, or renewal of a permit,	1965
governing the causing or placement as provided in sections 6111.01	1966
to 6111.08 of the Revised Code or if the person's application for	1967
renewal of such a permit is pending.	1968

(B) If the director administers a sludge management program	1969
pursuant to division (S) of section 6111.03 of the Revised Code,	1970
both of the following apply except as otherwise provided in	1971
division (B) or (F) of this section:	1972

(1) No person, in the course of sludge management, shall	1973
place on land located in the state or release into the air of the	1974
state any sludge or sludge materials.	1975

(2) An action prohibited under division (B)(1) of this	1976
section is hereby declared to be a public nuisance.	1977

Divisions (B)(1) and (2) of this section do not apply if the	1978
person placing or releasing the sludge or sludge materials holds a	1979
valid, unexpired permit, or renewal of a permit, governing the	1980
placement or release as provided in sections 6111.01 to 6111.08 of	1981
the Revised Code or if the person's application for renewal of	1982
such a permit is pending.	1983

(C) No person to whom a permit has been issued shall place or	1984
discharge, or cause to be placed or discharged, in any waters of	1985
the state any sewage, sludge, sludge materials, industrial waste,	1986
or other wastes in excess of the permissive discharges specified	1987
under an existing permit without first receiving a permit from the	1988
director to do so.	1989

(D) No person to whom a sludge management permit has been	1990
issued shall place on the land or release into the air of the	1991
state any sludge or sludge materials in excess of the permissive	1992
amounts specified under the existing sludge management permit	1993
without first receiving a modification of the existing sludge	1994
management permit or a new sludge management permit to do so from	1995
the director.	1996

(E) The director may require the submission of plans,	1997
specifications, and other information that the director considers	1998
relevant in connection with the issuance of permits.	1999

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

2000

(1) Waters used in washing sand, gravel, other aggregates, or	2001
mineral products when the washing and the ultimate disposal of the	2002
water used in the washing, including any sewage, industrial waste,	2003
or other wastes contained in the waters, are entirely confined to	2004
the land under the control of the person engaged in the recovery	2005
and processing of the sand, gravel, other aggregates, or mineral	2006
products and do not result in the pollution of waters of the	2007
state;	2008

(2) Water, gas, or other material injected into a well to	2009
facilitate, or that is incidental to, the production of oil, gas,	2010
artificial brine, or water derived in association with oil or gas	2011
production and disposed of in a well, in compliance with a permit	2012
issued under Chapter 1509. of the Revised Code, or sewage,	2013
industrial waste, or other wastes injected into a well in	2014
compliance with an injection well operating permit. Division	2015
(F)(2) of this section does not authorize, without a permit, any	2016
discharge that is prohibited by, or for which a permit is required	2017
by, regulation of the United States environmental protection	2018
agency.	2019

(3) Application of any materials to land for agricultural	2020
purposes or runoff of the materials from that application or	2021
pollution by animal waste or soil sediment, including attached	2022
substances, resulting from farming, silvicultural, or earthmoving	2023
activities regulated by Chapter 307. or 1515. of the Revised Code;	2024

(4) The excrement of domestic and farm animals defecated on	2025
land or runoff therefrom into any waters of the state;	2026

(5) On and after the date on which the United States	2027
environmental protection agency approves the NPDES program	2028
submitted by the director of agriculture under section 903.08 of	2029
the Revised Code, storm water from an animal feeding facility, as	2030
defined in section 903.01 of the Revised Code, or manure, as	2031
defined in that section;	2032

(6) The discharge of sewage, industrial waste, or other	2033
wastes into a sewerage system tributary to a treatment works.	2034
Division (F)(5)(6) of this section does not authorize any	2035
discharge into a publicly owned treatment works in violation of a	2036
pretreatment program applicable to the publicly owned treatment	2037
works.	2038

(7) Septic tanks or any other disposal systems for the	2039
disposal or treatment of sewage from single-family, two-family, or	2040
three-family dwellings in compliance with the sanitary code and	2041
section 3707.01 of the Revised Code. Division (F)(6)(7) of this	2042
section does not authorize, without a permit, any discharge that	2043
is prohibited by, or for which a permit is required by, regulation	2044
of the United States environmental protection agency.	2045

(8) Exceptional quality sludge generated outside of this	2046
state and contained in bags or other containers not greater than	2047
one hundred pounds in capacity. As used in division (F)(7)(8) of	2048
this section, "exceptional quality sludge" has the same meaning as	2049
in division (Y) of section 3745.11 of the Revised Code.	2050

(G) The holder of a permit issued under section 402 (a) of	2051
the Federal Water Pollution Control Act need not obtain a permit	2052
for a discharge authorized by the permit until its expiration	2053
date. The director shall administer and enforce those permits	2054
within this state and may modify their terms and conditions in	2055
accordance with division (J) of section 6111.03 of the Revised	2056
Code.	2057

Sec. 6111.44.  (A) Except as otherwise provided in division	2058
(B) of this section, in section 6111.14 of the Revised Code, or in	2059
rules adopted under division (G) of section 6111.03 of the Revised	2060
Code, no municipal corporation, county, public institution,	2061
corporation, or officer or employee thereof or other person shall	2062
provide or install sewerage or treatment works for sewage, sludge,	2063
or sludge materials disposal or treatment or make a change in any	2064
sewerage or treatment works until the plans therefor have been	2065
submitted to and approved by the director of environmental	2066
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	2067
to sewerage and treatment works of a municipal corporation or part	2068
thereof, an unincorporated community, a county sewer district, or	2069
other land outside of a municipal corporation or any publicly or	2070
privately owned building or group of buildings or place, used for	2071
the assemblage, entertainment, recreation, education, correction,	2072
hospitalization, housing, or employment of persons.	2073

In granting an approval, the director may stipulate	2074
modifications, conditions, and rules that the public health and	2075
prevention of pollution may require. Any action taken by the	2076
director shall be a matter of public record and shall be entered	2077
in the director's journal. Each period of thirty days that a	2078
violation of this section continues, after a conviction for the	2079
violation, constitutes a separate offense.	2080

(B) Sections 6111.45 and 6111.46 of the Revised Code and	2081
division (A) of this section do not apply to any of the following:	2082

(1) Sewerage or treatment works for sewage installed or to be	2083
installed for the use of a private residence or dwelling;	2084

(2) On and after the date on which the director of	2085
agriculture has finalized the program required under division	2086
(A)(1) of section 903.02 of the Revised Code, sewerageSewerage	2087
systems, treatment works, or disposal systems for storm water from	2088
an animal feeding facility or manure, as "animal feeding facility"	2089
and "manure" are defined in section 903.01 of the Revised Code;	2090

(3) Animal waste treatment or disposal works and related	2091
management and conservation practices that are subject to rules	2092
adopted under division (E)(2) of section 1511.02 of the Revised	2093
Code and involving less than one thousand animal units, as "animal	2094
unit" is defined in the United States environmental protection	2095
agency regulations.	2096

The exclusions established in divisions (B)(2) and (3) of	2097
this section do not apply to animal waste treatment or disposal	2098
works having a controlled direct discharge to the waters of the	2099
state until the date on which the director of agriculture	2100
finalizes the program required under section 903.02 of the Revised	2101
Code. The exclusions established in divisions (B)(2) and (3) of	2102
this section also do not apply to the construction or installation	2103
of disposal systems, as defined in section 6111.01 of the Revised	2104
Code, that are located at an animal feeding facility and that	2105
store, treat, or discharge wastewaters that do not include storm	2106
water or manure or that discharge to a publicly owned treatment	2107
works.	2108

Section 2. That existing sections 307.204, 505.266, 903.01,	2109
903.02, 903.04, 903.07, 903.08, 903.09, 903.10, 903.16, 903.20,	2110
6111.03, 6111.04, and 6111.44 of the Revised Code are hereby	2111
repealed.	2112