To amend sections 903.01, 903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code, and to amend Section 640.24 of Am. Sub. H.B. 1 of the 128th General Assembly and Sections 120.01 and 120.02 of Am. Sub. H.B. 119 of the 127th General Assembly, as amended by Am. Sub. H.B. 1 of the 128th General Assembly, to revise the Concentrated Animal Feeding Facilities Law, to specify that certain provisions amended by this act do not become operative until the Administrator of the United States Environmental Protection Agency approves the National Pollutant Discharge Elimination System program submitted by the Director of Agriculture, to extend from January 1, 2010, to July 1, 2010, the termination date of the suspension of statutes and temporary law governing sewage treatment systems that were enacted by Am. Sub. H.B. 119 of the 127th General Assembly and subsequently amended and reenacted by Am. Sub. H.B. 1 of the 128th General Assembly, and to declare an emergency.
SECTION 1. That sections 903.01, 903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code be amended to read as follows:
Sec. 903.01. As used in this chapter:
(A) "Agricultural animal" means any animal generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, and swine; horses; alpacas; llamas; and any other animal included by the director of agriculture by rule. "Agricultural animal" does not include fish or other aquatic animals regardless of whether they are raised at fish hatcheries, fish farms, or other facilities that raise aquatic animals.
(B) "Animal feeding facility" means a lot, building, or structure where both of the following conditions are met:
(1) Agricultural animals have been, are, or will be stabled or confined and fed or maintained there for a total of forty-five days or more in any twelve-month period.
(2) Crops, vegetative forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot, building, or structure.
"Animal feeding facility" also includes land that is owned or leased by or otherwise is under the control of the owner or operator of the lot, building, or structure and on which manure originating from agricultural animals in the lot, building, or structure or a production area is or may be applied.
Two or more animal feeding facilities under common ownership shall be considered to be a single animal feeding facility for the purposes of this chapter if they adjoin each other or if they use a common area or system for the disposal of manure.
(C) "Best management practices" means best management
practices established in rules. Animal feeding operation" has the
same meaning as "animal feeding facility."
(D) "Cattle" includes, but is not limited to, heifers, steers, bulls, and cow and calf pairs.
(E) "Concentrated animal feeding facility" means an animal feeding facility with a total design capacity equal to or more than the number of animals specified in any of the categories in division (M) of this section.
(F) "Concentrated animal feeding operation" means an animal feeding facility that complies with one of the following:
(1) Has a total design capacity equal to or more than the number of animals specified in any of the categories in division (M) of this section;
(2) Satisfies the criteria in division (M), (Q), or (EE)(FF)
of this section;
(3) Is designated by the director of agriculture as a medium or small concentrated animal feeding operation pursuant to rules.
(G) "Discharge" means to add from a point source to waters of the state.
(H) "Federal Water Pollution Control Act" means the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33 U.S.C. 1251 et. seq., as amended, and regulations adopted under it.
(I) "Finalized," with respect to the programs required under division (A)(1) of section 903.02 and division (A)(1) of section 903.03 of the Revised Code, means that all rules that are necessary for the administration of this chapter have been adopted and all employees of the department of agriculture that are necessary for the administration of this chapter have been employed.
(J) "General permit" has the meaning that is established in rules.
(K) "Individual permit" has the meaning that is established in rules.
(L) "Installation permit" means a permit for the installation or modification of a disposal system or any part of a disposal system issued by the director of environmental protection under division (J)(1) of section 6111.03 of the Revised Code.
(M) "Large concentrated animal feeding operation" means an animal feeding facility that stables or confines at least the number of animals specified in any of the following categories:
(1) Seven hundred mature dairy cattle whether milked or dry;
(2) One thousand veal calves;
(3) One thousand cattle other than mature dairy cattle or veal calves;
(4) Two thousand five hundred swine that each weigh fifty-five pounds or more;
(5) Ten thousand swine that each weigh less than fifty-five pounds;
(6) Five hundred horses;
(7) Ten thousand sheep or lambs;
(8) Fifty-five thousand turkeys;
(9) Thirty thousand laying hens or broilers if the animal feeding facility uses a liquid manure handling system;
(10) One hundred twenty-five thousand chickens, other than laying hens, if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(11) Eighty-two thousand laying hens if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(12) Thirty thousand ducks if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(13) Five thousand ducks if the animal feeding facility uses a liquid manure handling system.
(N) "Major concentrated animal feeding facility" means a concentrated animal feeding facility with a total design capacity of more than ten times the number of animals specified in any of the categories in division (M) of this section.
(O) "Manure" means any of the following wastes used in or resulting from the production of agricultural animals or direct agricultural products such as milk or eggs: animal excreta, discarded products, bedding, process waste water, process generated waste water, waste feed, silage drainage, and compost products resulting from mortality composting or the composting of animal excreta.
(P) "Manure storage or treatment facility" means any excavated, diked, or walled structure or combination of structures designed for the biological stabilization, holding, or storage of manure.
(Q) "Medium concentrated animal feeding operation" means an animal feeding facility that satisfies both of the following:
(1) The facility stables or confines the number of animals specified in any of the following categories:
(a) Two hundred to six hundred ninety-nine mature dairy cattle whether milked or dry;
(b) Three hundred to nine hundred ninety-nine veal calves;
(c) Three hundred to nine hundred ninety-nine cattle other than mature dairy cattle or veal calves;
(d) Seven hundred fifty to two thousand four hundred ninety-nine swine that each weigh fifty-five pounds or more;
(e) Three thousand to nine thousand nine hundred ninety-nine swine that each weigh less than fifty-five pounds;
(f) One hundred fifty to four hundred ninety-nine horses;
(g) Three thousand to nine thousand nine hundred ninety-nine sheep or lambs;
(h) Sixteen thousand five hundred to fifty-four thousand nine hundred ninety-nine turkeys;
(i) Nine thousand to twenty-nine thousand nine hundred ninety-nine laying hens or broilers if the animal feeding facility uses a liquid manure handling system;
(j) Thirty-seven thousand five hundred to one hundred twenty-four thousand nine hundred ninety-nine chickens, other than laying hens, if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(k) Twenty-five thousand to eighty-one thousand nine hundred ninety-nine laying hens if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(l) Ten thousand to twenty-nine thousand nine hundred ninety-nine ducks if the animal feeding facility uses a manure handling system that is not a liquid manure handling system;
(m) One thousand five hundred to four thousand nine hundred ninety-nine ducks if the animal feeding facility uses a liquid manure handling system.
(2) The facility does one of the following:
(a) Discharges pollutants into waters of the United States through a ditch constructed by humans, a flushing system constructed by humans, or another similar device constructed by humans;
(b) Discharges pollutants directly into waters of the United States that originate outside of and that pass over, across, or through the facility or otherwise come into direct contact with the animals at the facility.
"Medium concentrated animal feeding operation" includes an animal feeding facility that is designated by the director as a medium concentrated animal feeding operation pursuant to rules.
(R) "Mortality composting" means the controlled decomposition of organic solid material consisting of dead animals that stabilizes the organic fraction of the material.
(S) "NPDES permit" means a permit issued under the national pollutant discharge elimination system established in section 402 of the Federal Water Pollution Control Act and includes the renewal of such a permit. "NPDES permit" includes the federally enforceable provisions of a permit to operate into which NPDES permit provisions have been incorporated.
(T) "Permit" includes an initial, renewed, or modified permit to install, permit to operate, NPDES permit, and installation permit unless expressly stated otherwise.
(U) "Permit to install" means a permit issued under section 903.02 of the Revised Code.
(V) "Permit to operate" means a permit issued or renewed under section 903.03 of the Revised Code and includes incorporated NPDES permit provisions, if applicable.
(W) "Person" means any legal entity defined as a person under
has the same meaning as in
section 1.59 of the Revised Code, and
also includes the state, any political
subdivision of the state,
any interstate body created by compact,
the United States, or any
department, agency, or instrumentality
of any of those entities.
(X) "Point source" has the same meaning as in the Federal Water Pollution Control Act.
(Y) "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials except those regulated under the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste, including manure, discharged into water. "Pollutant" does not include either of the following:
(1) Sewage from vessels;
(2) Water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well that is used either to facilitate production or for disposal purposes is approved by the state and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources.
(Z) "Process generated waste water" means water that is directly or indirectly used in the operation of an animal feeding facility for any of the following:
(1) Spillage or overflow from animal watering systems;
(2) Washing, cleaning, or flushing pens, barns, manure pits, or other areas of an animal feeding facility;
(3) Direct contact swimming, washing, or spray cooling of animals;
(4) Dust control.
(Z)(AA) "Process waste water" means any process generated
waste water and any precipitation, including rain or snow, that
comes into contact with manure, litter, bedding, or any other raw
material or intermediate or final material or product used in or
resulting from the production of animals or direct products such
as milk or eggs.
(AA)(BB) "Production area" means any of the following
components of an animal feeding facility:
(1) Animal confinement areas, including, but not limited to, open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, animal walkways, and stables;
(2) Manure storage areas, including, but not limited to, manure storage or treatment facilities;
(3) Raw material storage areas, including, but not limited to, feed silos, silage bunkers, commodity buildings, and bedding materials;
(4) Waste containment areas, including, but not limited to, any of the following:
(a) An egg washing or egg processing facility;
(b) An area used in the storage, handling, treatment, or disposal of mortalities;
(c) Settling basins, runoff ponds, liquid impoundments, and areas within berms and diversions that are designed and maintained to separate uncontaminated storm water runoff from contaminated water and to contain and treat contaminated storm water runoff.
(BB)(CC) "Public meeting" means a nonadversarial public
hearing at which a person may present written or oral statements
for the director of agriculture's consideration and includes
public hearings held under section 6111.12 of the Revised Code.
(CC)(DD) "Review compliance certificate" means a certificate
issued under section 903.04 of the Revised Code.
(DD)(EE) "Rule" means a rule adopted under section 903.10 of
the Revised Code.
(EE)(FF) "Small concentrated animal feeding operation" means
an animal feeding facility that is not a large or medium
concentrated animal feeding operation and that is designated by
the director as a small concentrated animal feeding operation
pursuant to rules.
(FF)(GG) "Waters of the state" has the same meaning as in
section 6111.01 of the Revised Code.
Sec. 903.02. (A)(1) Not later than one hundred eighty days after March 15, 2001, the director of agriculture shall prepare a program for the issuance of permits to install under this section.
(2) On and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall modify an existing or construct a new concentrated animal feeding facility without first obtaining a permit to install issued by the director under this section.
(B) The director or the director's authorized representative may help an applicant for a permit to install during the permitting process by providing guidance and technical assistance.
(C) An applicant for a permit to install shall submit an application to the director on a form that the director prescribes and provides together with a fee in an amount established by rule. The applicant shall include with the application all of the following information:
(1) The name and address of the applicant, of all partners if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers and directors if
the applicant is a corporation, and of any other person who has a
right to control or in fact controls management of the applicant
or the selection of officers, directors, or managers of the
applicant;. As used in division (C)(1) of this section, "control"
means the power, directly or indirectly, to direct the management
and policies of the applicant through the ownership of voting
securities, by contract, through a right of approval or
disapproval, or otherwise unless the power is held by a chartered
lending institution as a result of debt liability.
(2) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain;
(3) Designs and plans for the proposed construction of the concentrated animal feeding facility that include the proposed location of the construction, design and construction plans and specifications, anticipated beginning and ending dates for work performed, and any other information that the director requires by rule;
(4) In the case of an application for a concentrated animal feeding facility that meets the criteria established in sections 307.204 and 505.266 of the Revised Code, written statements from the board of county commissioners of the county and the board of township trustees of the township in which the concentrated animal feeding facility would be located certifying that, in accordance with those sections, the applicant has provided the boards with the required written notification and that final recommendations were selected regarding improvements, if any, to county or township infrastructure that are needed as a result of the new or expanded concentrated animal feeding facility and the costs of those improvements;
(5) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of water utilized, and a statement identifying the source for the water;
(6) Information concerning the applicant's past compliance
with
the Federal Water Pollution Control Act laws pertaining to
environmental protection that is required to be provided under
section 903.05 of the Revised Code, if applicable;
(7) Any other information required by rule.
Information required to be included in an application for the modification of a permit to install, together with the applicable fee amount, shall be established in rules.
(D) The director shall issue permits to install in accordance with section 903.09 of the Revised Code. The director shall deny a permit to install if either of the following applies:
(1) The permit application contains misleading or false information.
(2) The designs and plans fail to conform to best management practices.
Additional grounds for the denial of a permit to install shall be those established in this chapter and rules.
(E) A permit to install shall expire after a period specified by the director unless the applicant has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time. The director may extend the expiration date of a permit to install upon request of the applicant.
(F) The director may modify, suspend, or revoke a permit to install in accordance with rules.
(G) Nothing in this chapter affects section 1521.16 of the Revised Code.
(H) The owner or operator of a concentrated animal feeding facility who proposes to make a major operational change at the facility shall submit an application for approval of the change to the director in accordance with rules.
Sec. 903.03. (A)(1) Not later than one hundred eighty days
after
the effective date of this section
March 15, 2001, the
director of agriculture shall prepare a program for the issuance
of permits to operate under this section.
(2) Except for a concentrated animal feeding facility that is operating under an installation permit or a review compliance certificate, on and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall own or operate a concentrated animal feeding facility without a permit to operate issued by the director under this section.
(B) The director or the director's authorized representative may help an applicant for a permit to operate during the permitting process by providing guidance and technical assistance.
(C) An applicant for a permit to operate shall submit a fee in an amount established by rule together with, except as otherwise provided in division (E) of this section, an application to the director on a form that the director prescribes and provides. The applicant shall include with the application all of the following information:
(1) The name and address of the applicant, of all partners if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers and directors if
the applicant is a corporation, and of any other person who has a
right to control or in fact controls management of the applicant
or the selection of officers, directors, or managers of the
applicant;. As used in division (C)(1) of this section, "control"
has the same meaning as in division (C)(1) of section 903.02 of
the Revised Code.
(2) Information concerning the applicant's past compliance
with
the Federal Water Pollution Control Act laws pertaining to
environmental protection that is required to be provided under
section 903.05 of the Revised Code, if applicable;
(3) A manure management plan for the concentrated animal feeding facility that conforms to best management practices regarding the handling, storage, transportation, and land application of manure generated at the facility and that contains any other information required by rule;
(4) An insect and rodent control plan for the concentrated animal feeding facility that conforms to best management practices and is prepared in accordance with section 903.06 of the Revised Code;
(5) In the case of an application for a major concentrated animal feeding facility, written proof that the person who would be responsible for the supervision of the management and handling of manure at the facility has been issued a livestock manager certification in accordance with section 903.07 of the Revised Code or will obtain a livestock manager certification prior to applying any manure to land.
(D) The director shall issue permits to operate in accordance with section 903.09 of the Revised Code. The director shall deny a permit to operate if either of the following applies:
(1) The permit application contains misleading or false information;
(2) The manure management plan or insect and rodent control plan fails to conform to best management practices.
Additional grounds for the denial of a permit to operate shall be those established in this chapter and in rules.
(E) The director shall issue general permits to operate for categories of concentrated animal feeding facilities that will apply in lieu of individual permits to operate, provided that each category of facilities meets all of the criteria established in rules for general permits to operate. A person who is required to obtain a permit to operate shall submit to the director a notice of the person's intent to be covered under an existing general permit or, at the person's option, shall submit an application for an individual permit to operate. Upon receipt of a notice of intent to be covered under an existing general permit, the director shall notify the applicant in writing that the person is covered by the general permit if the person satisfies the criteria established in rules for eligibility for such coverage. If the person is ineligible for coverage under the general permit, the director shall require the submission of an application for an individual permit to operate.
(F) A permit to operate shall be valid for a period of five years.
(G) A permit to operate may be renewed. An application for renewal of a permit to operate shall be submitted to the director at least one hundred eighty days prior to the expiration date of the permit to operate and shall comply with the requirements governing applications for permits to operate that are established under this section and by rules, including requirements pertaining to public notice and participation.
(H) The director may modify, suspend, or revoke a permit to operate in accordance with rules.
(I) The owner or operator of a concentrated animal feeding facility who proposes to make a major operational change at the facility shall submit an application for approval of the change to the director in accordance with rules.
Sec. 903.04. (A) As used in this section, "existing concentrated animal feeding facility" or "existing facility" means a concentrated animal feeding facility that was in existence prior to the date on which the director of agriculture has finalized the program required under division (A)(1) of section 903.03 of the Revised Code and that has received an installation permit prior to that date.
(B) On and after the date on which the director of agriculture has finalized the program required under division (A)(1) of section 903.02 of the Revised Code, the authority to enforce terms and conditions of installation permits that previously were issued to animal feeding facilities shall be transferred from the director of environmental protection to the director of agriculture. Thereafter, the director of environmental protection shall have no authority to enforce the terms and conditions of those installation permits. On and after the date on which the director of agriculture has finalized the program required under division (A)(1) of section 903.02 of the Revised Code, an installation permit concerning which enforcement authority has been transferred shall be deemed to have been issued under this section.
(C) A person to whom an installation permit has been issued by the director of environmental protection prior to the date on which the director of agriculture has finalized the program required under division (A)(1) of section 903.03 of the Revised Code may continue to operate under that permit until either of the following occurs:
(1) The installation permit is terminated through the denial of a review compliance certificate under division (F) of this section.
(2) The person is required under division (H) of this section to obtain a permit to operate.
(D) Except as otherwise provided in this division, on and after the date that is two years after the date on which the director has finalized the program required under division (A)(1) of section 903.03 of the Revised Code, and until the issuance of a permit to operate, no person shall own or operate an existing concentrated animal feeding facility unless the person holds a review compliance certificate.
This division does not apply to a person who has made a timely submittal of the information required under division (E)(2) of this section and who is waiting for the director to issue or deny a review compliance certificate. Such a person may continue the operation of the existing concentrated animal feeding facility until, if applicable, the director issues an order denying the review compliance certificate.
(E) Not later than two years after the date on which the director has finalized the program required under division (A)(1) of section 903.03 of the Revised Code, both of the following apply:
(1) The director shall review the installation permit that previously was issued to an existing concentrated animal feeding facility and shall inspect the facility to determine if it is in compliance with that permit.
(2) Except as otherwise provided in division (E)(2) of this section, the owner or operator of an existing concentrated animal feeding facility shall furnish all of the following to the director on a form prescribed by the director:
(a) The name and address of the owner, of all partners if the
owner is a partnership, of all members if the owner is a limited
liability company, or of all officers and directors if the owner
is a corporation, and of any other person who has a right to
control or in fact controls management of the facility or the
selection of officers, directors, or managers of the facility;. As
used in division (E)(2)(a) of this section, "control" has the same
meaning as in division (C)(1) of section 903.02 of the Revised
Code.
(b) The type of livestock and number of animals that the facility has the design capacity to raise or maintain;
(c) A manure management plan for the facility that conforms to best management practices regarding the handling, storage, transportation, and land application of manure generated at the facility and that contains any other information required by rule. However, if a manure management plan submitted under division (E)(2)(c) of this section does not conform with best management practices regarding the handling, storage, transportation, and land application of manure generated at the facility, the director nevertheless shall deem the plan to conform with best management practices if the owner or operator does all of the following:
(i) Performs a phosphorous index risk assessment procedure or a phosphorous soil test risk assessment procedure in accordance with rules;
(ii) Demonstrates that the facility cannot comply with best management practices before the date on which the review compliance certificate is to be issued;
(iii) Includes in the manure management plan an implementation plan under which the facility will comply with best management practices on or before December 31, 2006.
(d) An insect and rodent control plan for the facility that conforms to best management practices and is prepared in accordance with section 903.06 of the Revised Code;
(e) In the case of a major concentrated animal feeding facility, written proof that the person who would be responsible for the supervision of the management and handling of manure at the facility has been issued a livestock manager certification in accordance with section 903.07 of the Revised Code.
The owner or operator need not furnish any information otherwise required under division (E)(2) of this section if that information is included in the installation permit that was issued for the existing facility.
(F) After a review of the existing installation permit, an inspection of the facility, and a review of the information furnished under division (E)(2) of this section, and upon determining that the existing facility is being operated in a manner that protects the waters of the state and minimizes the presence and negative effects of insects and rodents at the facility and in surrounding areas, the director shall issue an order issuing a review compliance certificate to the facility. In issuing the certificate, the director shall consider technical feasibility and economic costs. The director shall not require a significant capital expenditure, as defined by rule, by the facility before issuing a certificate.
The director may issue an order denying a review compliance certificate if the facility's insect and rodent control plan or manure management plan does not conform to best management practices and the requirements established in section 903.06 of the Revised Code and in rules. The denial of a review compliance certificate terminates the existing installation permit that was issued to the facility.
The issuance of a review compliance certificate shall not require public notice or a public meeting. However, notice shall be provided to persons who own property that is contiguous to the production area of the concentrated animal feeding facility for which the review compliance certificate is to be issued. Such persons may submit written comments to the director within a time established by the director.
The issuance of a review compliance certificate shall not be subject to appeal under Chapter 119. or sections 3745.04 to 3745.06 of the Revised Code. The denial or revocation of a review compliance certificate or the amendment of an installation permit resulting from a certificate may be challenged by the applicant in an administrative hearing in accordance with Chapter 119. of the Revised Code, except that section 119.12 of the Revised Code does not apply. An order of the director that denies or revokes a certificate or amends an installation permit as a result of a certificate may be appealed to the environmental review appeals commission under sections 3745.04 to 3745.06 of the Revised Code.
(G) Upon the issuance of a review compliance certificate, the certificate automatically shall merge and become a part of the previously issued installation permit. If any of the terms and conditions of the installation permit and the review compliance certificate are in conflict, the terms and conditions of the review compliance certificate are controlling.
(H)(1) A review compliance certificate is valid for a period of five years. Not later than one hundred eighty days prior to the expiration date of the review compliance certificate, the owner or operator shall apply for a permit to operate.
(2) The director may revoke a review compliance certificate issued to an existing facility after the director has issued an order as a result of a hearing held under Chapter 119. of the Revised Code in which the facility has been found to be in violation of the terms and conditions of the review compliance certificate. An existing facility whose review compliance certificate is revoked shall obtain a permit to operate and, if applicable, a NPDES permit in order to resume operating.
(I) An existing facility that is issued a review compliance certificate shall comply with the previously issued installation permit, as amended by the certificate.
Sec. 903.05. (A) Each application for a permit to install or permit to operate a concentrated animal feeding facility that is submitted by an applicant who has not owned or operated a concentrated animal feeding facility in this state for at least two of the five years immediately preceding the submission of the application shall be accompanied by all of the following:
(1) A listing of all animal feeding facilities that the owner
or operator of the proposed new or modified concentrated animal
feeding facility applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code owns, has owned, has operated, or is operating in
this state;
(2) A listing of the animal feeding facilities that the owner
or operator applicant or any person identified by the applicant
under division (C)(1) of section 903.02 or 903.03 of the Revised
Code owns, has owned, has operated, or is operating elsewhere in
the United States and that are regulated under the Federal Water
Pollution Control Act together with a listing of the animal
feeding facilities that the owner or operator applicant or any
such person owns, has owned, has operated, or is operating outside
the United States;
(3) A listing of all administrative enforcement orders issued
to the owner or operator applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code, all civil actions in which the
owner or operator
applicant or any such person was determined by the trier of fact
to be liable in damages or was the subject of injunctive relief or
another type of civil relief, and all criminal actions in which
the owner or operator applicant or any such person pleaded guilty
or was convicted, during the five years immediately preceding the
submission of the application, in connection with any violation of
the federal Federal Water Pollution Control Act, the "Safe
Drinking Water Act," as defined in section 6109.01 of the Revised
Code, or any other applicable state laws pertaining to
environmental protection that was alleged to have occurred or to
be occurring at any animal feeding facility that the owner or
operator applicant or any such person owns, has owned, has
operated, or is operating in the United States or with any
violation of the environmental laws of another country that was
alleged to have occurred or to be occurring at any animal feeding
facility that the
owner or operator applicant or any such person
owns, has owned, has operated, or is operating outside the United
States.
The lists of animal feeding facilities owned or operated by
the owner or operator applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code within or outside this state or outside the United
States shall include, respectively, all such facilities owned or
operated by the owner or operator applicant or any such person
during the five-year period immediately preceding the submission
of the application.
(B) If the applicant for a permit to install or permit to
operate or any person identified by the applicant under division
(C)(1) of section 903.02 or 903.03 of the Revised Code has been
involved in any prior activity involving the operation of an
animal feeding facility, the director of agriculture may deny the
application if the director finds from the application, the
information submitted under divisions (A)(1) to (3) of this
section, pertinent information submitted to the director, and
other pertinent information obtained by the director at the
director's discretion that the applicant and persons associated
with the applicant any such person, in the operation of animal
feeding facilities, have a history of substantial noncompliance
with the Federal Water Pollution Control Act, the "Safe Drinking
Water Act," as defined in section 6109.01 of the Revised Code, any
other applicable state laws pertaining to environmental
protection, or the environmental laws of another country that
indicates that the applicant or any such person lacks sufficient
reliability, expertise, and competence to operate the proposed new
or modified concentrated animal feeding facility in substantial
compliance with this chapter and rules adopted under it.
(C) A person who seeks to acquire or operate a concentrated animal feeding facility that has been issued an installation permit that has been transferred from the director of environmental protection to the director of agriculture, a permit to install, or a permit to operate shall submit to the director the information specified in divisions (A)(1) to (3) of this section prior to the transfer of the permit. The permit shall not be transferred as otherwise provided in division (I) of section 903.09 of the Revised Code if the director finds from the information submitted under divisions (A)(1) to (3) of this section, pertinent information submitted to the director, and other pertinent information obtained by the director at the director's discretion that the person, in the operation of animal feeding facilities, has a history of substantial noncompliance with the Federal Water Pollution Control Act, the "Safe Drinking Water Act," as defined in section 6109.01 of the Revised Code, any other applicable state laws pertaining to environmental protection, or the environmental laws of another country that indicates that the person lacks sufficient reliability, expertise, and competence to operate the concentrated animal feeding facility in substantial compliance with this chapter and rules adopted under it.
(D) An owner or operator of a concentrated animal feeding facility that has been issued an installation permit that has been transferred from the director of environmental protection to the director of agriculture, a permit to install, or a permit to operate shall submit to the director notice of any proposed change in the persons identified to the director under division (C)(1) of section 903.02 or 903.03 of the Revised Code, as applicable. The director may deny approval of the proposed change if the director finds from the information submitted under divisions (A)(1) to (3) of this section, pertinent information submitted to the director, and other pertinent information obtained by the director at the director's discretion that the proposed person, in the operation of animal feeding facilities, has a history of substantial noncompliance with the Federal Water Pollution Control Act, the "Safe Drinking Water Act," as defined in section 6109.01 of the Revised Code, any other applicable state laws pertaining to environmental protection, or the environmental laws of another country that indicates that the person lacks sufficient reliability, expertise, and competence to operate the concentrated animal feeding facility in substantial compliance with this chapter and rules adopted under it.
Sec. 903.06. (A) As used in this section, "plan" means an insect and rodent control plan prepared under this section.
(B) An owner or operator of a concentrated animal feeding facility shall prepare and submit to the director of agriculture in accordance with rules an insect and rodent control plan designed to minimize the presence and negative effects of insects and rodents at the concentrated animal feeding facility and in surrounding areas, including land on which manure is stored or applied. The plan shall conform to best management practices established in rules. The director shall approve or deny the plan within the time period established in rules by the director and may require modification of the plan at that time or a later time in accordance with rules.
(C) On and after the date that is established in rules by the director, no person shall own or operate a concentrated animal feeding facility unless an insect and rodent control plan for the facility has been approved by the director. The owner or operator of a concentrated animal feeding facility shall not violate the facility's insect and rodent control plan.
(D) The director shall enforce an insect and rodent control plan in accordance with rules and shall assess a civil penalty in accordance with rules and section 903.16 of the Revised Code against an owner or operator of a concentrated animal feeding facility who owns or operates it without a plan approved by the director or who violates the facility's plan.
Sec. 903.07. (A) On and after the date that is established in rules by the director of agriculture, both of the following apply:
(1) The management and handling of manure at a major concentrated animal feeding facility, including the land application of manure or the removal of manure from a manure storage or treatment facility, shall be conducted only by or under the supervision of a person holding a livestock manager certification issued under this section. A person managing or handling manure who is acting under the instructions and control of a person holding a livestock manager certification is considered to be under the supervision of the certificate holder if the certificate holder is responsible for the actions of the person and is available when needed even though the certificate holder is not physically present at the time of the manure management or handling.
(2) No person shall transport and land apply annually or buy, sell, or land apply annually the volume of manure established in rules adopted by the director under division (E)(5) of section 903.10 of the Revised Code unless the person holds a livestock manager certification issued under this section.
(B) The director shall issue a livestock manager certification to a person who has submitted a complete application for certification on a form prescribed and provided by the director, together with the appropriate application fee, and who has completed successfully the required training and has passed the required examination. The director may suspend or revoke a livestock manager certification and may reinstate a suspended or revoked livestock manager certification in accordance with rules.
(C) Information required to be included in an application for
a livestock manager certification, the amount of the application
fee,
and requirements regarding training and the examination,
requirements governing the management and handling of manure,
including the land application of manure, and requirements
governing the keeping of records regarding the handling of manure,
including the land application of manure, shall be established in
rules.
Sec. 903.08. (A)(1) The director of agriculture is authorized to participate in the national pollutant discharge elimination system in accordance with the Federal Water Pollution Control Act. Not later than one hundred eighty days after March 15, 2001, the director shall prepare a state program in accordance with 40 C.F.R. 123.21 for point sources that are subject to this section and shall submit the program to the United States environmental protection agency for approval.
(2) On and after the date on which the United States
environmental protection agency approves the state program
submitted under division (A)(1) of this section, the authority to
enforce terms and conditions of NPDES permits previously issued
under division (J) of section 6111.03 or under section 6111.035 of
the Revised Code for the discharging, transporting, or handling of
storm water from an animal feeding facility or of manure
pollutants from concentrated animal feeding operations is
transferred from the director of environmental protection to the
director of agriculture. Thereafter, the director of
environmental protection shall have no authority to enforce the
terms and conditions of those NPDES permits. After the transfer
of authority under division (A)(2) of this section, the NPDES
permits concerning which authority has been transferred shall be
considered to have been issued under this section.
(B)(1) On and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under this section, no
person shall discharge manure pollutants from a point source
concentrated animal feeding operation into waters of the state
without first obtaining a NPDES permit issued by the director of
agriculture under this section. Any person that is required by the
Federal Water Pollution Control Act to obtain a permit for the
discharge of manure pollutants from a concentrated animal feeding
operation shall apply to the director for an individual NPDES
permit or for coverage under a general NPDES permit. The director
is authorized to issue, revoke, modify, or deny such an individual
permit or issue, revoke, or deny coverage under a general permit
in compliance with all requirements of the Federal Water Pollution
Control Act. Violation of division (B)(1) of this section is
hereby declared to be a public nuisance for purposes of state
enforcement of this section.
(2) Persons that have been issued a permit by the director of
environmental protection under division (J) of section 6111.03 of
the Revised Code for the discharge of manure pollutants from a
concentrated animal feeding operation into the waters of the state
prior to the date on which the United States environmental
protection agency approves the NPDES program submitted by the
director of agriculture under this section may continue to
operate
under that permit until it expires or is modified or revoked. Such
a permit shall be enforced by the director of agriculture upon the
transfer of authority to enforce the terms and conditions of the
permit under division (A)(2) of this section.
(C)(1) On and after the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under this section, no person shall discharge storm water resulting from an animal feeding facility without first obtaining a NPDES permit issued by the director of agriculture in accordance with rules when such a permit is required by the Federal Water Pollution Control Act. Violation of division (C)(1) of this section is hereby declared to be a public nuisance for purposes of state enforcement of this section.
(2) Persons that have been issued a NPDES permit by the director of environmental protection under Chapter 6111. of the Revised Code for the discharge of storm water from an animal feeding facility prior to the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under this section may continue to operate under that permit until it expires or is modified or revoked. Such a permit shall be enforced by the director of agriculture upon the transfer of authority to enforce the terms and conditions of the permit under division (A)(2) of this section.
(D) In accordance with rules, an applicant for a NPDES permit issued under this section shall submit a fee in an amount established by rule together with, except as otherwise provided in division (F) of this section, an application for the permit to the director of agriculture on a form prescribed by the director. The application shall include any information required by rule. The director or the director's authorized representative may help an applicant for a NPDES permit during the application process by providing guidance and technical assistance.
(E) The director of agriculture shall issue NPDES permits in accordance with this section and section 903.09 of the Revised Code. The director shall deny an application for a NPDES permit if any of the following applies:
(1) The application contains misleading or false information.
(2) The administrator of the United States environmental protection agency objects in writing to the issuance of the NPDES permit in accordance with section 402(d) of the Federal Water Pollution Control Act.
(3) The director determines that the proposed discharge or source would conflict with an areawide waste treatment management plan adopted in accordance with section 208 of the Federal Water Pollution Control Act.
Additional grounds for the denial of a NPDES permit shall be those established in this chapter and rules.
(F) To the extent consistent with the Federal Water Pollution Control Act, the director of agriculture shall issue general NPDES permits that will apply in lieu of individual NPDES permits for categories of point sources for which the director determines that all of the following apply:
(1) Any discharges authorized by a general permit will have only minimal cumulative adverse effects on the environment when the discharges are considered collectively and individually.
(2) The discharges are more appropriately authorized by a general permit than by an individual permit.
(3) Each category of point sources satisfies the criteria established in rules.
A person who is required to obtain a NPDES permit shall submit to the director a notice of the person's intent to be covered under an existing general permit or, at the person's option, an application for an individual NPDES permit. Upon receipt of a notice of intent for coverage under an existing general permit, the director shall notify the applicant in writing that the person is covered by the general permit if the person satisfies the criteria established in rules for eligibility for such coverage. If the person is ineligible for coverage under the general permit, the director shall require the submission of an application for an individual NPDES permit.
(G) The director of agriculture shall establish terms and conditions of NPDES permits in accordance with rules. Terms and conditions shall be designed to achieve and maintain full compliance with national effluent limitations, national standards of performance for new sources, the most current water quality standards adopted under section 6111.041 of the Revised Code, the most current antidegradation policy adopted under section 6111.12 of the Revised Code, and other requirements of the Federal Water Pollution Control Act. In establishing the terms and conditions of a NPDES permit, the director, to the extent consistent with that act, shall consider technical feasibility and economic costs and shall allow a reasonable period of time for coming into compliance with the permit.
(H) An animal feeding facility that is required to obtain both a NPDES permit and a permit to operate shall be issued a single permit to operate incorporating the terms and conditions established by both permits. The permit to operate expressly shall designate the terms and conditions required under the NPDES program as federally enforceable. All other provisions are enforceable under state law only and expressly shall be designated accordingly.
(I) A NPDES permit may be issued under this section for a period not to exceed five years.
(J) A NPDES permit issued under this section may be renewed. An application for renewal of a NPDES permit shall be submitted to the director of agriculture at least one hundred eighty days prior to the expiration date of the permit and shall comply with the requirements governing applications for NPDES permits established under this section and by rule.
(K)(1) No person shall make any false statement, representation, or certification in an application for a NPDES permit or in any form, notice, or report required to be submitted to the director pursuant to terms and conditions established in a NPDES permit issued under this section.
(2) No person shall render inaccurate any monitoring method or device that is required under the terms and conditions of a NPDES permit issued under this section.
(L) The director may modify, suspend, or revoke a NPDES permit issued under this section for cause as established by rule. No NPDES permit issued under this section shall be modified, suspended, or revoked without a written order stating the findings that led to the modification, suspension, or revocation. In addition, the permittee has a right to an administrative hearing in accordance with Chapter 119. of the Revised Code, except that section 119.12 of the Revised Code does not apply. Further, an order of the director modifying, suspending, or revoking a NPDES permit may be appealed to the environmental review appeals commission under sections 3745.04 to 3745.06 of the Revised Code.
(M)(1) No person shall violate any effluent limitation established by rule.
(2) No person shall violate any other provision of a NPDES permit issued under this section.
(3) Compliance with a NPDES permit issued under this section constitutes compliance with this section.
(N) This section, including the state program authorized in division (A)(1) of this section, shall be administered in a manner consistent with the Federal Water Pollution Control Act.
Sec. 903.081. (A) For purposes of section 903.08 of the
Revised Code, no person shall issue approve all or portions of a
NPDES permit if the person receives or has received during the two
years prior to the receipt of an application for a NPDES permit a
significant portion of income from any NPDES permittee or any
applicant for a NPDES permit. In addition, no person who, may
serve on a board or commission that approves all or portions of a
NPDES permit, including taking such action pursuant to an appeal
of
an action regarding a NPDES permit, has the authority to
require or to order the director of agriculture to vacate or
modify a NPDES permit shall require or order the director to
vacate or modify a NPDES permit if the person receives or has
received during the two years prior to serving on the board or
commission or to the filing of the appeal a significant portion
of income from any NPDES permittee or any applicant for a NPDES
permit.
(B) As used in this section:
(1) "Significant portion of income" means ten per cent or more of gross personal income in a calendar year or fifty per cent or more of gross personal income in a calendar year if the recipient of the income is more than sixty years of age and is receiving that portion of income under retirement benefits, including a pension or similar arrangement.
(2) "Income" includes retirement benefits, consultant fees, and stock dividends. "Income" does not include mutual fund payments or other diversified investments for which the recipient does not know the identity of the primary sources of the income.
(3) "Permittee" and "applicant for a NPDES permit" does not include any department or agency of the state.
Sec. 903.082. (A) The director of agriculture may determine
that an animal feeding facility that is not a medium concentrated
animal feeding operation or small concentrated animal feeding
operation as defined in section 903.01 of the Revised Code
facility nevertheless shall be required to be permitted as a
medium or small concentrated animal feeding operation apply for
and receive a permit to operate when all of the following apply:
(1) The director has received from the chief of the division
of soil and water resources in the department of natural resources
a copy of an order issued under section 1511.02 of the Revised
Code that specifies that the animal feeding facility has caused
agricultural pollution by failure to comply with standards
established under that section and that the animal feeding
facility therefore should be required to be permitted as a
medium
or small concentrated animal feeding operation facility.
(2) The director or the director's authorized representative has inspected the animal feeding facility.
(3) The director or the director's authorized representative finds that the facility is not being operated in a manner that protects the waters of the state.
(B) If an animal feeding facility is required to be permitted
in accordance with this section, the owner or operator of the
facility shall apply to the director for a permit to operate as a
concentrated animal feeding operation. In a situation in which
best management practices cannot be implemented without modifying
the existing animal feeding facility, the owner or operator of the
facility also shall apply for a permit to install for the
facility.
(C) In the case of an animal feeding facility for which a permit to operate is required under this section, a permit to operate shall not be required after the end of the five-year term of the permit if the problems that caused the facility to be required to obtain the permit have been corrected to the director's satisfaction.
Sec. 903.09. (A) Prior to issuing or modifying a permit to install, permit to operate, or NPDES permit, the director of agriculture shall issue a draft permit. The director or the director's representative shall mail notice of the issuance of a draft permit to the applicant and shall publish the notice once in a newspaper of general circulation in the county in which the concentrated animal feeding facility or discharger is located or proposed to be located. The director shall mail notice of the issuance of a draft permit and a copy of the draft permit to the board of county commissioners of the county and the board of township trustees of the township in which the concentrated animal feeding facility or discharger is located or proposed to be located. The director or the director's representative also shall provide notice of the issuance of a draft NPDES permit to any other persons that are entitled to notice under the Federal Water Pollution Control Act. Notice of the issuance of a draft permit to install, permit to operate, or NPDES permit shall include the address where written comments concerning the draft permit may be submitted and the period of time during which comments will be accepted as established by rule.
If the director receives written comments in an amount that demonstrates significant public interest, as defined by rule, in the draft permit, the director shall schedule one public meeting to provide information to the public and to hear comments pertinent to the draft permit. The notice of the public meeting shall be provided in the same manner as the notice of the issuance of the draft permit.
(B) If a person is required to obtain both a permit to install and a permit to operate, including any permit to operate with NPDES provisions, and public meetings are required for both permits, the public meetings for the permits shall be combined.
(C) The director shall apply the antidegradation policy adopted under section 6111.12 of the Revised Code to permits issued under this chapter to the same degree and under the same circumstances as it applies to permits issued under Chapter 6111. of the Revised Code. The director shall hold one public meeting to consider antidegradation issues when such a meeting is required by the antidegradation policy. When allowed by the antidegradation policy, the director shall hold the public meeting on antidegradation issues concurrently with any public meeting held for the draft permit.
(D) The director or the director's representative shall publish notice of the issuance of a final permit to install, permit to operate, or NPDES permit once in a newspaper of general circulation in the county in which the concentrated animal feeding facility or discharger is located.
(E) Failure of the director to provide notice or a public
meeting shall invalidate a permit only if the failure is raised
by, and was relied upon to the detriment of, a person that is
entitled to appeal the permit. Notice or a public meeting is not
required for the modification of a permit made with the consent of
the permittee for the correction of typographical errors.
(F) The denial, modification, suspension, or revocation of a permit to install, permit to operate, or NPDES permit without the consent of the applicant or permittee shall be preceded by a proposed action stating the director's intention to issue an order with respect to the permit and the reasons for it.
The director shall mail to the applicant or the permittee notice of the director's proposed action to deny, modify, suspend, or revoke a permit to install, permit to operate, or NPDES permit. The director shall publish the notice once in a newspaper of general circulation in the county in which the concentrated animal feeding facility or concentrated animal feeding operation is located or proposed to be located. The director shall mail a copy of the notice of the proposed action to the board of county commissioners of the county and to the board of township trustees of the township in which the concentrated animal feeding facility or concentrated animal feeding operation is located or proposed to be located. The director also shall provide notice of the director's proposed action to deny, modify, suspend, or revoke a permit to install, permit to operate, or NPDES permit to any other person that is entitled to notice under the Federal Water Pollution Control Act. The notice of the director's proposed action to deny, modify, suspend, or revoke a permit to install, permit to operate, or NPDES permit shall include the address where written comments concerning the director's proposed action may be submitted and the period of time during which comments will be accepted as established by rule. If the director receives written comments in an amount that demonstrates significant public interest, as defined by rule, the director shall schedule one public meeting to provide information to the public and to hear comments pertinent to the proposed action. The notice of the public meeting shall be provided in the same manner as the notice of the director's proposed action.
The director shall not issue an order that makes the proposed action final until the applicant or permittee has had an opportunity for an adjudication hearing in accordance with Chapter 119. of the Revised Code, except that section 119.12 of the Revised Code does not apply. An order of the director that finalizes the proposed action or an order issuing a permit without a prior proposed action may be appealed to the environmental review appeals commission under sections 3745.04 to 3745.06 of the Revised Code.
(G)(1) The director shall issue an order issuing or denying an application for a permit to operate that contains NPDES provisions or for a NPDES permit, as well as any application for a permit to install that is submitted simultaneously, not later than one hundred eighty days after receiving the application.
(2) In the case of an application for a permit to install or permit to operate that is not connected with an application for a NPDES permit, the director shall issue or propose to deny the permit not later than ninety days after receiving the application. If the director has proposed to deny the permit to install or permit to operate under division (G)(2) of this section, the director shall issue an order denying the permit or, if the director decides against the proposed denial, issuing the permit not later than one hundred eighty days after receiving the application. If the director denies the permit, the director shall notify the applicant in writing of the reason for the denial.
(H) All rulemaking and the issuance of civil penalties under this chapter shall comply with Chapter 119. of the Revised Code.
(I) Upon the transfer of ownership of an animal feeding facility for which a permit to install, an installation permit, a review compliance certificate, or a permit to operate that contains no NPDES provisions has been issued, the permit or certificate shall be transferred to the new owner of the animal feeding facility except as provided in division (C) of section 903.05 of the Revised Code. In the case of the transfer of ownership of a point source for which a NPDES permit or a permit to operate that contains NPDES provisions has been issued, the permit shall be transferred in accordance with rules.
(J) Applications for installation permits for animal feeding facilities pending before the director of environmental protection on the date on which the director of agriculture has finalized the programs required under division (A)(1) of section 903.02 and division (A)(1) of section 903.03 of the Revised Code shall be transferred to the director of agriculture. In the case of an applicant who is required to obtain a permit to install and a permit to operate under sections 903.02 and 903.03, respectively, of the Revised Code, the director of agriculture shall process the pending application for an installation permit as an application for a permit to install and a permit to operate.
(K) Applications for NPDES permits for either of the following that are pending before the director of environmental protection on the date on which the United States environmental protection agency approves the NPDES program submitted by the director of agriculture under section 903.08 of the Revised Code shall be transferred to the director of agriculture:
(1) The discharge of manure pollutants from a concentrated
animal feeding operation;
(2) The discharge of storm water resulting from an animal
feeding facility.
In
In the case of an applicant who is required to obtain a NPDES permit under section 903.08 of the Revised Code, the director of agriculture shall process the pending application as an application for a NPDES permit under that section.
Sec. 903.10. The director of agriculture shall may adopt
rules in accordance with Chapter 119. of the Revised Code that do
all of the following:
(A) Establish all of the following concerning permits to install and permits to operate:
(1) A description of what constitutes a modification of a concentrated animal feeding facility;
(2) A description of what constitutes a major operational change at a concentrated animal feeding facility;
(3) The amount of the fee that must be submitted with each permit application and each application for a permit modification;
(3)(4) Information that must be included in the designs and
plans required to be submitted with an application for a permit to
install and criteria for approving, disapproving, or requiring
modification of the designs and plans;
(4)(5) Information that must be included in a manure
management plan required to be submitted with an application for a
permit to operate;
(5)(6) Information that must be included in an application
for the modification of an installation permit, a permit to
install, or a permit to operate;
(6)(7) Information that must be included in an application
for approval of a major operational change at a concentrated
animal feeding facility;
(8) Any additional information that must be included with a permit application;
(7)(9) Procedures for the issuance, denial, modification,
transfer, suspension, and revocation of permits to install and
permits to operate, including general permits;
(8)(10) Procedures for the approval or denial of an
application for approval of a major operational change at a
concentrated animal feeding facility;
(11) Grounds for the denial, modification, suspension, or revocation of permits to install and permits to operate in addition to the grounds established in division (D) of section 903.02 and division (D) of section 903.03 of the Revised Code;
(9)(12) Grounds for the denial of an application for approval
of a major operational change at a concentrated animal feeding
facility;
(13) A requirement that a person that is required to obtain both a permit to install and a permit to operate submit applications for those permits simultaneously;
(10)(14) A definition of "general permit to operate" that
establishes categories of concentrated animal feeding facilities
to be covered under such a permit and a definition of "individual
permit to operate" together with the criteria for issuing a
general permit to operate and the criteria for determining a
person's eligibility to operate under a general permit to operate.
(B) Establish all of the following for the purposes of review compliance certificates issued under section 903.04 of the Revised Code:
(1) The form of a certificate;
(2) Criteria for what constitutes a significant capital expenditure under division (D) of that section;
(3) Deadlines and procedures for submitting information under division (E)(2) of that section.
(C) Establish best management practices that minimize water pollution, odors, insects, and rodents, that govern the land application of manure that originated at a concentrated animal feeding facility, and that govern all of the following activities that occur at a concentrated animal feeding facility:
(1) Manure management, including the storage, handling, transportation, and land application of manure. Rules adopted under division (C)(1) of this section shall include practices that prevent surface and ground water contamination caused by the storage of manure or the land application of manure and prevent the contamination of water in drainage tiles that may be caused by that application.
(2) Disposal of dead livestock;
(3) Any other activity that the director considers appropriate.
Best management practices established in rules adopted under
division (C) of this section shall not conflict with best
management practices established in rules that have been adopted
under any other section of the Revised Code and that are in effect
on March 15, 2001. The rules adopted under division (C) of this
section shall establish guidelines that require owners or
operators of concentrated animal feeding facilities to consult
with and work with local officials, including boards of county
commissioners and boards of township trustees, in addressing
issues related to local government infrastructure needs and the
financing of that infrastructure.
(D) Establish all of the following concerning insect and rodent control plans required under section 903.06 of the Revised Code:
(1) The information to be included in an insect and rodent control plan;
(2) Criteria for approving, disapproving, or requiring modification of an insect and rodent control plan;
(3) Criteria for determining compliance with or violation of an insect and rodent control plan;
(4) Procedures and standards for monitoring insect and rodent control plans;
(5) Procedures and standards for enforcing insect and rodent control plans at concentrated animal feeding facilities at which insects or rodents constitute a nuisance or adversely affect public health;
(6) The amount of civil penalties for violation of an insect and rodent control plan assessed by the director of agriculture under division (B) of section 903.16 of the Revised Code, provided that the rules adopted under division (D)(6) of this section shall not establish a civil penalty of more than ten thousand dollars for a violation involving a concentrated animal feeding facility that is not a major concentrated animal feeding facility and shall not establish a civil penalty of more than twenty-five thousand dollars for a violation involving a major concentrated animal feeding facility;
(7) The time period within which the director must approve or deny an insect and rodent control plan after receiving it;
(8) Any other provisions necessary to administer and enforce section 903.12 of the Revised Code.
(E) Establish all of the following concerning livestock
manager
certification certifications required under section 903.07
of the Revised Code:
(1) The information to be included in an application for a livestock manager certification and the amount of the application fee;
(2) The content of the training required to be completed and of the examination required to be passed by an applicant for a livestock manager certification. The training shall include and the examination shall test the applicant's knowledge of information on topics that include calculating nutrient values in manure, devising and implementing a plan for the land application of manure, removing manure held in a manure storage or treatment facility, and following best management practices established in rules for disposal of dead animals and manure management, including practices that control odor and protect the environment. The director may specify other types of recognized training programs that, if completed, are considered to satisfy the training and examination requirement.
(3) Criteria and procedures for the issuance, denial, suspension, revocation, or reinstatement of a livestock manager certification;
(4) The length of time during which livestock manager certifications will be valid and procedures for their renewal;
(5) The volume of manure that must be transported and land applied annually or the volume of manure that must be bought, sold, or land applied annually by a person in order for the person to be required to obtain a livestock manager certification under division (A)(2) of section 903.07 of the Revised Code;
(6) Requirements governing the management and handling of manure, including the land application of manure;
(7) Requirements governing the keeping of records regarding the handling of manure, including the land application of manure;
(8) Any other provisions necessary to administer and enforce section 903.07 of the Revised Code.
(F) Establish all of the following concerning NPDES permits:
(1) The designation of concentrated animal feeding operations
that are subject to NPDES permit requirements under section 903.08
of the Revised Code. This designation shall include only those
point sources for which the issuance of NPDES permits is required
under the Federal Water Pollution Control Act.;
(2) Effluent limitations governing discharges into waters of the state that are authorized by permits;
(3) Variances from effluent limitations and other permit requirements to the extent that the variances are consistent with the Federal Water Pollution Control Act;
(4) Terms and conditions to be included in a permit, including, as applicable, best management practices; installation of discharge or water quality monitoring methods or equipment; creation and retention of records; submission of periodic reports; schedules of compliance; net volume, net weight, and, where necessary, concentration and mass loading limits of manure that may be discharged into waters of the state; and authorized duration and frequency of any discharges into waters of the state;
(5) Procedures for the submission of applications for permits and notices of intent to be covered by general permits, including information that must be included in the applications and notices;
(6) The amount of the fee that must be submitted with an application for a permit;
(7) Procedures for processing permit applications, including public notice and participation requirements;
(8) Procedures for notifying the United States environmental protection agency of the submission of permit applications, the director's action on those applications, and any other reasonable and relevant information;
(9) Procedures for notifying and receiving and responding to recommendations from other states whose waters may be affected by the issuance of a permit;
(10) Procedures for the transfer of permits to new owners or operators;
(11) Grounds and procedures for the issuance, denial, modification, suspension, or revocation of permits, including general permits;
(12) A definition of "general NPDES permit" that establishes categories of point sources to be covered under such a permit and a definition of "individual NPDES permit" together with the criteria for issuing a general NPDES permit and the criteria for determining a person's eligibility to discharge under a general NPDES permit.
The rules adopted under division (F) of this section shall be consistent with the requirements of the Federal Water Pollution Control Act.
(G) Establish public notice and participation requirements, in addition to the procedures established in rules adopted under division (F)(7) of this section, for the issuance, denial, modification, transfer, suspension, and revocation of permits to install, permits to operate, and NPDES permits consistent with section 903.09 of the Revised Code, including a definition of what constitutes significant public interest for the purposes of divisions (A) and (F) of section 903.09 of the Revised Code and procedures for public meetings. The rules shall require that information that is presented at such a public meeting be limited to the criteria that are applicable to the permit application that is the subject of the public meeting.
(H) Establish the amount of civil penalties assessed by the director of agriculture under division (B) of section 903.16 of the Revised Code for violation of the terms and conditions of a permit to install, permit to operate, or review compliance certificate, provided that the rules adopted under this division shall not establish a civil penalty of more than ten thousand dollars per day for each violation;
(I) Establish procedures for the protection of trade secrets from public disclosure. The procedures shall authorize the release of trade secrets to officers, employees, or authorized representatives of the state, another state, or the United States when necessary for an enforcement action brought under this chapter or when otherwise required by the Federal Water Pollution Control Act. The rules shall require at least ten days' written notice to the person to whom a trade secret applies prior to the release of the trade secret. Rules adopted under this division do not apply to any information that is contained in applications, including attachments, for NPDES permits and that is required to be submitted under section 903.08 of the Revised Code or rules adopted under division (F) of this section.
(J) Establish any other provisions necessary to administer and enforce this chapter.
Sec. 903.15. (A) A person who is aggrieved or adversely
affected by an alleged nuisance related to a concentrated animal
feeding facility may submit a complaint to the director of
agriculture
alleging that the nuisance exists regarding a
concentrated animal feeding facility or the discharge of a
pollutant from an animal feeding operation. The complaint may be
made orally or in writing. If the complaint is made in writing, it
shall be signed by the person making it and dated.
(B) After receiving a written, signed, and dated complaint,
the director shall, or after receiving an oral complaint the
director may, cause an investigation to be conducted to determine
if the owner or operator of the concentrated animal feeding
facility is complying with a this chapter, rules adopted under
it, or any terms and conditions of any permit or review
compliance certificate issued under it or to determine if a
discharge of a pollutant is occurring or has occurred at the
animal feeding operation.
(C)(1) If, upon completion of the investigation, the director
determines that the owner or operator is in compliance with
a
this chapter, rules adopted under it, or any terms and conditions
of any permit or review compliance certificate issued under it or
determines that a discharge of a pollutant is not occurring or has
not occurred at the animal feeding operation, the director shall
dismiss the complaint and notify the complainant and the owner or
operator of the concentrated animal feeding facility or animal
feeding operation, whichever is applicable, of the dismissal.
(2) If the director determines that the owner or operator is
not in compliance with a permit or review compliance certificate
this chapter, rules adopted under it, or any terms and conditions
of any permit issued under it or determines that a discharge of a
pollutant is occurring or has occurred at the animal feeding
operation, the director shall proceed in accordance with section
903.16 or 903.17 of the Revised Code, or both, as applicable.
Sec. 903.16. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against an
owner or operator of a concentrated animal feeding facility if the
director or the director's authorized representative determines
that the owner or operator is not in compliance with section
903.02, 903.03, or 903.04 or division (A) of section 903.07 of the
Revised Code, the terms and conditions of a permit to install,
permit to operate, or review compliance certificate issued for the
concentrated animal feeding facility, including the requirements
established under division (C) of section 903.06 or division (A)
of section 903.07 of the Revised Code, or rules adopted under
division (A), (B), (C), (D), (E), or (J) of section 903.10 of the
Revised Code. However, the director may impose a civil penalty
only if all of the following occur:
(1) The owner or operator is notified in writing of the deficiencies resulting in noncompliance, the actions that the owner or operator must take to correct the deficiencies, and the time period within which the owner or operator must correct the deficiencies and attain compliance.
(2) After the time period specified in the notice has elapsed, the director or the director's duly authorized representative has inspected the concentrated animal feeding facility, determined that the owner or operator is still not in compliance, and issued a notice of an adjudication hearing.
(3) The director affords the owner or operator an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the owner or operator is not in compliance or the imposition of the civil penalty, or both. However, the owner or operator may waive the right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived or if, after an adjudication hearing, the director determines that a violation has occurred or is occurring, the director may issue an order requiring compliance and assess the civil penalty. The order and the assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.
Civil penalties shall be assessed under this division as follows:
(1) A person who has violated section 903.02, 903.03, or 903.04 of the Revised Code, the terms and conditions of a permit to install, permit to operate, or review compliance certificate, or rules adopted under division (A), (B), (C), (D), (E), or (J) of section 903.10 of the Revised Code shall pay a civil penalty in an amount established in rules unless the violation is of the requirements established under division (C) of section 903.06 or division (A) of section 903.07 of the Revised Code.
(2) A person who has violated the requirements established under division (C) of section 903.06 of the Revised Code shall pay a civil penalty in an amount established in rules for each violation. Each seven-day period during which a violation continues constitutes a separate violation.
(3) A person who has violated the requirements established under division (A) of section 903.07 of the Revised Code shall pay a civil penalty of not more than ten thousand dollars for each violation. Each thirty-day period during which a violation continues constitutes a separate violation.
(C) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court of
competent jurisdiction against any person violating or threatening
to violate section 903.02, 903.03, or 903.04 or division (A) of
section 903.07 of the Revised Code; the terms and conditions of a
permit to install, permit to operate, or review compliance
certificate, including the requirements established under division
(C) of section 903.06
or division (A) of section 903.07 of the
Revised Code; rules adopted under division (A), (B), (C), (D),
(E), or (J) of section 903.10 of the Revised Code; or an order
issued under division (B) of this section or division (B) of
section 903.07 of the Revised Code.
(D)(1) In lieu of seeking civil penalties under division (A)
of this section, the director may request the attorney general, in
writing, to bring an action for a civil penalty in a court of
competent jurisdiction against any person that has violated or is
violating division (A) of section 903.07 of the Revised Code or
the terms and conditions of a permit to install, permit to
operate, or review compliance certificate, including the
requirements established under division (C) of section 903.06 or
division (A) of section 903.07 of the Revised Code.
(2) The director may request the attorney general, in writing, to bring an action for a civil penalty in a court of competent jurisdiction against any person that has violated or is violating section 903.02, 903.03, or 903.04 of the Revised Code, rules adopted under division (A), (B), (C), (D), (E), or (J) of section 903.10 of the Revised Code, or an order issued under division (B) of this section or division (B) of section 903.07 of the Revised Code.
(3) A person who has committed a violation for which the attorney general may bring an action for a civil penalty under division (D)(1) or (2) of this section shall pay a civil penalty of not more than ten thousand dollars per violation. Each day that a violation continues constitutes a separate violation.
(E) In addition to any other penalties imposed under this section, the director may impose an administrative penalty against an owner or operator of a concentrated animal feeding facility if the director or the director's authorized representative determines that the owner or operator is not in compliance with best management practices that are established in rules adopted under division (C) or (D) of section 903.10 of the Revised Code or in the permit to install, permit to operate, or review compliance certificate issued for the facility. The administrative penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination under this division, the director's imposition of an administrative penalty under this division, or both. The director's determination and the imposition of the administrative penalty may be appealed in accordance with section 119.12 of the Revised Code.
Sec. 903.17. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against an
owner or operator of
a point source an animal feeding operation if
the director or the director's authorized representative
determines that the owner or operator is not in compliance with
section 903.08 of the Revised Code, the terms and conditions of a
NPDES permit, the NPDES provisions of a permit to operate, or
rules adopted under division (F) of section 903.10 of the Revised
Code. However, the director may impose a civil penalty only if
all of the following occur:
(1) The owner or operator is notified in writing of the deficiencies resulting in noncompliance, the actions that the owner or operator must take to correct the deficiencies, and the time period within which the owner or operator must correct the deficiencies and attain compliance.
(2) After the time period specified in the notice has
elapsed, the director or the director's duly authorized
representative has inspected the point source animal feeding
operation, determined that the owner or operator is still not in
compliance, and issued a notice of violation to require
corrective actions.
(3) The director affords the owner or operator an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the owner or operator is not in compliance or the imposition of the civil penalty, or both. However, the owner or operator may waive the right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived or if, after an adjudication hearing, the director determines that a violation has occurred or is occurring, the director may issue an order and assess a civil penalty of not more than ten thousand dollars per violation against the violator. For purposes of determining the civil penalty, each day that a violation continues constitutes a separate and distinct violation. The order and the assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.
(C) To the extent consistent with the Federal Water Pollution Control Act, the director shall consider technical feasibility and economic costs in issuing orders under this section.
(D)(1) The attorney general, upon the written request of the director, shall bring an action for an injunction in any court of competent jurisdiction against any person violating or threatening to violate section 903.08 of the Revised Code, the terms and conditions of a NPDES permit, the NPDES provisions of a permit to operate, rules adopted under division (F) of section 903.10 of the Revised Code, or an order issued under division (B) of this section.
(2) In lieu of seeking civil penalties under division (A) of this section, the director may request, in writing, the attorney general to bring an action for a civil penalty of not more than ten thousand dollars per violation in a court of competent jurisdiction against any person that has violated or is violating section 903.08 of the Revised Code, the terms and conditions of a NPDES permit, the NPDES provisions of a permit to operate, rules adopted under division (F) of section 903.10 of the Revised Code, or an order issued under division (B) of this section. For purposes of determining the civil penalty to be assessed under division (B) of this section, each day that a violation continues constitutes a separate and distinct violation.
(E) In addition to any other penalties imposed under this section, the director may impose an administrative penalty against an owner or operator of an animal feeding operation if the director or the director's authorized representative determines that the owner or operator has discharged pollutants into waters of the state in violation of section 903.08 of the Revised Code or the terms and conditions of a NPDES permit or the NPDES provisions of the permit to operate issued for the operation. The administrative penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination under this division, the director's imposition of an administrative penalty under this division, or both. The director's determination and the imposition of the administrative penalty may be appealed in accordance with section 119.12 of the Revised Code.
Sec. 6111.03. The director of environmental protection may do any of the following:
(A) Develop plans and programs for the prevention, control, and abatement of new or existing pollution of the waters of the state;
(B) Advise, consult, and cooperate with other agencies of the state, the federal government, other states, and interstate agencies and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter. Before adopting, amending, or rescinding a standard or rule pursuant to division (G) of this section or section 6111.041 or 6111.042 of the Revised Code, the director shall do all of the following:
(1) Mail notice to each statewide organization that the director determines represents persons who would be affected by the proposed standard or rule, amendment thereto, or rescission thereof at least thirty-five days before any public hearing thereon;
(2) Mail a copy of each proposed standard or rule, amendment thereto, or rescission thereof to any person who requests a copy, within five days after receipt of the request therefor;
(3) Consult with appropriate state and local government agencies or their representatives, including statewide organizations of local government officials, industrial representatives, and other interested persons.
Although the director is expected to discharge these duties diligently, failure to mail any such notice or copy or to so consult with any person shall not invalidate any proceeding or action of the director.
(C) Administer grants from the federal government and from other sources, public or private, for carrying out any of its functions, all such moneys to be deposited in the state treasury and kept by the treasurer of state in a separate fund subject to the lawful orders of the director;
(D) Administer state grants for the construction of sewage and waste collection and treatment works;
(E) Encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution, and the causes, prevention, control, and abatement thereof, that are advisable and necessary for the discharge of the director's duties under this chapter;
(F) Collect and disseminate information relating to water pollution and prevention, control, and abatement thereof;
(G) Adopt, amend, and rescind rules in accordance with Chapter 119. of the Revised Code governing the procedure for hearings, the filing of reports, the issuance of permits, the issuance of industrial water pollution control certificates, and all other matters relating to procedure;
(H) Issue, modify, or revoke orders to prevent, control, or abate water pollution by such means as the following:
(1) Prohibiting or abating discharges of sewage, industrial waste, or other wastes into the waters of the state;
(2) Requiring the construction of new disposal systems or any parts thereof, or the modification, extension, or alteration of existing disposal systems or any parts thereof;
(3) Prohibiting additional connections to or extensions of a sewerage system when the connections or extensions would result in an increase in the polluting properties of the effluent from the system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted under sections 6111.01 to 6111.05 of the Revised Code or term or condition of a permit.
In the making of those orders, wherever compliance with a rule adopted under section 6111.042 of the Revised Code is not involved, consistent with the Federal Water Pollution Control Act, the director shall give consideration to, and base the determination on, evidence relating to the technical feasibility and economic reasonableness of complying with those orders and to evidence relating to conditions calculated to result from compliance with those orders, and their relation to benefits to the people of the state to be derived from such compliance in accomplishing the purposes of this chapter.
(I) Review plans, specifications, or other data relative to disposal systems or any part thereof in connection with the issuance of orders, permits, and industrial water pollution control certificates under this chapter;
(J)(1) Issue, revoke, modify, or deny sludge management
permits and permits for the discharge of sewage, industrial waste,
or other wastes into the waters of the state, and for the
installation or modification of disposal systems or any parts
thereof in compliance with all requirements of the Federal Water
Pollution Control Act and mandatory regulations adopted
thereunder, including regulations adopted under section 405 of the
Federal Water Pollution Control Act, and set terms and conditions
of permits, including schedules of compliance, where necessary.
Any person who discharges, transports, or handles storm water from
an animal feeding facility, as defined in section 903.01 of the
Revised Code, or manure pollutants from a concentrated animal
feeding operation, as both terms are defined in that section, is
not required to obtain a permit under division (J)(1) of this
section for the installation or modification of a disposal system
involving manure pollutants or storm water or any parts of such a
system on and after the date on which the director of agriculture
has finalized the program required under division (A)(1) of
section 903.02 of the Revised Code. In addition, any person who
discharges, transports, or handles storm water from an animal
feeding facility, as defined in section 903.01 of the revised code
Revised Code, or manure pollutants from a concentrated animal
feeding operation, as both terms are defined in that section, is
not required to obtain a permit under division (J)(1) of this
section for the discharge of storm water from an animal feeding
facility or manure pollutants from a concentrated animal feeding
operation on and after the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code.
Any permit terms and conditions set by the director shall be designed to achieve and maintain full compliance with the national effluent limitations, national standards of performance for new sources, and national toxic and pretreatment effluent standards set under that act, and any other mandatory requirements of that act that are imposed by regulation of the administrator of the United States environmental protection agency. If an applicant for a sludge management permit also applies for a related permit for the discharge of sewage, industrial waste, or other wastes into the waters of the state, the director may combine the two permits and issue one permit to the applicant.
A sludge management permit is not required for an entity that treats or transports sewage sludge or for a sanitary landfill when all of the following apply:
(a) The entity or sanitary landfill does not generate the sewage sludge.
(b) Prior to receipt at the sanitary landfill, the entity has ensured that the sewage sludge meets the requirements established in rules adopted by the director under section 3734.02 of the Revised Code concerning disposal of municipal solid waste in a sanitary landfill.
(c) Disposal of the sewage sludge occurs at a sanitary landfill that complies with rules adopted by the director under section 3734.02 of the Revised Code.
As used in division (J)(1) of this section, "sanitary landfill" means a sanitary landfill facility, as defined in rules adopted under section 3734.02 of the Revised Code, that is licensed as a solid waste facility under section 3734.05 of the Revised Code.
(2) An application for a permit or renewal thereof shall be denied if any of the following applies:
(a) The secretary of the army determines in writing that anchorage or navigation would be substantially impaired thereby;
(b) The director determines that the proposed discharge or source would conflict with an areawide waste treatment management plan adopted in accordance with section 208 of the Federal Water Pollution Control Act;
(c) The administrator of the United States environmental protection agency objects in writing to the issuance or renewal of the permit in accordance with section 402 (d) of the Federal Water Pollution Control Act;
(d) The application is for the discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste into the waters of the United States.
(3) To achieve and maintain applicable standards of quality for the waters of the state adopted pursuant to section 6111.041 of the Revised Code, the director shall impose, where necessary and appropriate, as conditions of each permit, water quality related effluent limitations in accordance with sections 301, 302, 306, 307, and 405 of the Federal Water Pollution Control Act and, to the extent consistent with that act, shall give consideration to, and base the determination on, evidence relating to the technical feasibility and economic reasonableness of removing the polluting properties from those wastes and to evidence relating to conditions calculated to result from that action and their relation to benefits to the people of the state and to accomplishment of the purposes of this chapter.
(4) Where a discharge having a thermal component from a source that is constructed or modified on or after October 18, 1972, meets national or state effluent limitations or more stringent permit conditions designed to achieve and maintain compliance with applicable standards of quality for the waters of the state, which limitations or conditions will ensure protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in or on the body of water into which the discharge is made, taking into account the interaction of the thermal component with sewage, industrial waste, or other wastes, the director shall not impose any more stringent limitation on the thermal component of the discharge, as a condition of a permit or renewal thereof for the discharge, during a ten-year period beginning on the date of completion of the construction or modification of the source, or during the period of depreciation or amortization of the source for the purpose of section 167 or 169 of the Internal Revenue Code of 1954, whichever period ends first.
(5) The director shall specify in permits for the discharge of sewage, industrial waste, and other wastes, the net volume, net weight, duration, frequency, and, where necessary, concentration of the sewage, industrial waste, and other wastes that may be discharged into the waters of the state. The director shall specify in those permits and in sludge management permits that the permit is conditioned upon payment of applicable fees as required by section 3745.11 of the Revised Code and upon the right of the director's authorized representatives to enter upon the premises of the person to whom the permit has been issued for the purpose of determining compliance with this chapter, rules adopted thereunder, or the terms and conditions of a permit, order, or other determination. The director shall issue or deny an application for a sludge management permit or a permit for a new discharge, for the installation or modification of a disposal system, or for the renewal of a permit, within one hundred eighty days of the date on which a complete application with all plans, specifications, construction schedules, and other pertinent information required by the director is received.
(6) The director may condition permits upon the installation of discharge or water quality monitoring equipment or devices and the filing of periodic reports on the amounts and contents of discharges and the quality of receiving waters that the director prescribes. The director shall condition each permit for a government-owned disposal system or any other "treatment works" as defined in the Federal Water Pollution Control Act upon the reporting of new introductions of industrial waste or other wastes and substantial changes in volume or character thereof being introduced into those systems or works from "industrial users" as defined in section 502 of that act, as necessary to comply with section 402(b)(8) of that act; upon the identification of the character and volume of pollutants subject to pretreatment standards being introduced into the system or works; and upon the existence of a program to ensure compliance with pretreatment standards by "industrial users" of the system or works. In requiring monitoring devices and reports, the director, to the extent consistent with the Federal Water Pollution Control Act, shall give consideration to technical feasibility and economic reasonableness and shall allow reasonable time for compliance.
(7) A permit may be issued for a period not to exceed five years and may be renewed upon application for renewal and upon a finding by the director that the permit holder is making satisfactory progress toward the achievement of all applicable standards and has complied with the terms and conditions of the existing permit. A permit may be modified, suspended, or revoked for cause, including, but not limited to, violation of any condition of the permit, obtaining a permit by misrepresentation or failure to disclose fully all relevant facts of the permitted discharge or of the sludge use, storage, treatment, or disposal practice, or changes in any condition that requires either a temporary or permanent reduction or elimination of the permitted activity. No application shall be denied or permit revoked or modified without a written order stating the findings upon which the denial, revocation, or modification is based. A copy of the order shall be sent to the applicant or permit holder by certified mail.
(K) Institute or cause to be instituted in any court of competent jurisdiction proceedings to compel compliance with this chapter or with the orders of the director issued under this chapter, or to ensure compliance with sections 204(b), 307, 308, and 405 of the Federal Water Pollution Control Act;
(L) Issue, deny, revoke, or modify industrial water pollution control certificates;
(M) Certify to the government of the United States or any agency thereof that an industrial water pollution control facility is in conformity with the state program or requirements for the control of water pollution whenever the certification may be required for a taxpayer under the Internal Revenue Code of the United States, as amended;
(N) Issue, modify, and revoke orders requiring any "industrial user" of any publicly owned "treatment works" as defined in sections 212(2) and 502(18) of the Federal Water Pollution Control Act to comply with pretreatment standards; establish and maintain records; make reports; install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods; sample discharges in accordance with methods, at locations, at intervals, and in a manner that the director determines; and provide other information that is necessary to ascertain whether or not there is compliance with toxic and pretreatment effluent standards. In issuing, modifying, and revoking those orders, the director, to the extent consistent with the Federal Water Pollution Control Act, shall give consideration to technical feasibility and economic reasonableness and shall allow reasonable time for compliance.
(O) Exercise all incidental powers necessary to carry out the purposes of this chapter;
(P) Certify or deny certification to any applicant for a federal license or permit to conduct any activity that may result in any discharge into the waters of the state that the discharge will comply with the Federal Water Pollution Control Act;
(Q) Administer and enforce the publicly owned treatment works pretreatment program in accordance with the Federal Water Pollution Control Act. In the administration of that program, the director may do any of the following:
(1) Apply and enforce pretreatment standards;
(2) Approve and deny requests for approval of publicly owned treatment works pretreatment programs, oversee those programs, and implement, in whole or in part, those programs under any of the following conditions:
(a) The director has denied a request for approval of the publicly owned treatment works pretreatment program;
(b) The director has revoked the publicly owned treatment works pretreatment program;
(c) There is no pretreatment program currently being implemented by the publicly owned treatment works;
(d) The publicly owned treatment works has requested the director to implement, in whole or in part, the pretreatment program.
(3) Require that a publicly owned treatment works pretreatment program be incorporated in a permit issued to a publicly owned treatment works as required by the Federal Water Pollution Control Act, require compliance by publicly owned treatment works with those programs, and require compliance by industrial users with pretreatment standards;
(4) Approve and deny requests for authority to modify categorical pretreatment standards to reflect removal of pollutants achieved by publicly owned treatment works;
(5) Deny and recommend approval of requests for fundamentally different factors variances submitted by industrial users;
(6) Make determinations on categorization of industrial users;
(7) Adopt, amend, or rescind rules and issue, modify, or revoke orders necessary for the administration and enforcement of the publicly owned treatment works pretreatment program.
Any approval of a publicly owned treatment works pretreatment program may contain any terms and conditions, including schedules of compliance, that are necessary to achieve compliance with this chapter.
(R) Except as otherwise provided in this division, adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures, methods, and equipment and other requirements for equipment to prevent and contain discharges of oil and hazardous substances into the waters of the state. The rules shall be consistent with and equivalent in scope, content, and coverage to section 311(j)(1)(c) of the Federal Water Pollution Control Act and regulations adopted under it. The director shall not adopt rules under this division relating to discharges of oil from oil production facilities and oil drilling and workover facilities as those terms are defined in that act and regulations adopted under it.
(S)(1) Administer and enforce a program for the regulation of sludge management in this state. In administering the program, the director, in addition to exercising the authority provided in any other applicable sections of this chapter, may do any of the following:
(a) Develop plans and programs for the disposal and utilization of sludge and sludge materials;
(b) Encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to the disposal and use of sludge and sludge materials and the impact of sludge and sludge materials on land located in the state and on the air and waters of the state;
(c) Collect and disseminate information relating to the disposal and use of sludge and sludge materials and the impact of sludge and sludge materials on land located in the state and on the air and waters of the state;
(d) Issue, modify, or revoke orders to prevent, control, or abate the use and disposal of sludge and sludge materials or the effects of the use of sludge and sludge materials on land located in the state and on the air and waters of the state;
(e) Adopt and enforce, modify, or rescind rules necessary for the implementation of division (S) of this section. The rules reasonably shall protect public health and the environment, encourage the beneficial reuse of sludge and sludge materials, and minimize the creation of nuisance odors.
The director may specify in sludge management permits the net volume, net weight, quality, and pollutant concentration of the sludge or sludge materials that may be used, stored, treated, or disposed of, and the manner and frequency of the use, storage, treatment, or disposal, to protect public health and the environment from adverse effects relating to those activities. The director shall impose other terms and conditions to protect public health and the environment, minimize the creation of nuisance odors, and achieve compliance with this chapter and rules adopted under it and, in doing so, shall consider whether the terms and conditions are consistent with the goal of encouraging the beneficial reuse of sludge and sludge materials.
The director may condition permits on the implementation of treatment, storage, disposal, distribution, or application management methods and the filing of periodic reports on the amounts, composition, and quality of sludge and sludge materials that are disposed of, used, treated, or stored.
An approval of a treatment works sludge disposal program may contain any terms and conditions, including schedules of compliance, necessary to achieve compliance with this chapter and rules adopted under it.
(2) As a part of the program established under division (S)(1) of this section, the director has exclusive authority to regulate sewage sludge management in this state. For purposes of division (S)(2) of this section, that program shall be consistent with section 405 of the Federal Water Pollution Control Act and regulations adopted under it and with this section, except that the director may adopt rules under division (S) of this section that establish requirements that are more stringent than section 405 of the Federal Water Pollution Control Act and regulations adopted under it with regard to monitoring sewage sludge and sewage sludge materials and establishing acceptable sewage sludge management practices and pollutant levels in sewage sludge and sewage sludge materials.
This chapter authorizes the state to participate in any national sludge management program and the national pollutant discharge elimination system, to administer and enforce the publicly owned treatment works pretreatment program, and to issue permits for the discharge of dredged or fill materials, in accordance with the Federal Water Pollution Control Act. This chapter shall be administered, consistent with the laws of this state and federal law, in the same manner that the Federal Water Pollution Control Act is required to be administered.
This section does not apply to animal waste disposal systems
and related management and conservation practices subject to rules
adopted pursuant to division (E)(4) of section 1511.02 of the
Revised Code. However, until the date on which the United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under section 903.08 of
the Revised Code, this exclusion does not apply to animal waste
treatment works having a controlled direct discharge to the waters
of the state or any concentrated animal feeding operation, as
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which
the United States environmental protection agency approves the
NPDES program submitted by the director of agriculture under
section 903.08 of the Revised Code, this section does not apply to
storm water from an animal feeding facility, as defined in section
903.01 of the Revised Code, or to manure pollutants discharged
from a concentrated animal feeding operation, as both terms are
defined in that section. Neither of these exclusions applies to
the discharge of animal waste into a publicly owned treatment
works.
SECTION 2. That existing sections 903.01, 903.02, 903.03, 903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code are hereby repealed.
SECTION 3. The amendments by this act of divisions (C)(1) and (H) of section 903.02; divisions (A), (C)(1), and (I) of section 903.03; divisions (D) and (E)(2)(a) of section 903.04; sections 903.05, 903.06, and 903.07; divisions (A)(2) to (14) and (E) of section 903.10; section 903.16; and division (E) of section 903.17 of the Revised Code become operative on the date on which the Administrator of the United States Environmental Protection Agency approves the National Pollutant Discharge Elimination System program submitted by the Director of Agriculture under section 903.08 of the Revised Code as amended by this act.
SECTION 4. That Section 640.24 of Am. Sub. H.B. 1 of the 128th General Assembly be amended to read as follows:
Sec. 640.24. Sections 640.22 and 640.23 take effect on
January July 1, 2010.
SECTION 5. That existing Section 640.24 of Am. Sub. H.B. 1 of the 128th General Assembly is hereby repealed.
SECTION 6. That Sections 120.01 and 120.02 of Am. Sub. H.B. 119 of the 127th General Assembly, as amended by Am. Sub. H.B. 1 of the 128th General Assembly, be amended to read as follows:
Sec. 120.01. During the period beginning July 1, 2007, and
expiring January July 1, 2010, the operation of sections 3718.02,
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and
6111.441 of the Revised Code is suspended. On
January
July 1,
2010, sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08,
3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code, in
either their present form or as they are
later amended by this
act or any other act, again become operational.
Sec. 120.02. (A)(1) Effective July 2, 2007, the rules adopted by the Public Health Council under section 3718.02 of the Revised Code that took effect on January 1, 2007, are not valid. Not later than July 2, 2007, the Director of Health shall adopt rules that are identical to the rules adopted by the Public Health Council that were in effect prior to January 1, 2007, and were codified in Chapter 3701-29 of the Administrative Code, except the rules in that chapter that established requirements for separation distances from a water table and soil absorption requirements.
At the same time that the Public Health Council adopts the rules required under division (A)(2) of this section, the Director shall rescind the rules adopted under this division.
The adoption and rescission of rules under this division are not subject to section 119.03 of the Revised Code. However, the Director shall file the adoption and rescission of the rules in accordance with section 119.04 of the Revised Code. Upon that filing, the adoption and rescission of the rules take immediate effect.
(2) Not later than thirty days after the effective date of this section as enacted by Am. Sub. H.B. 119 of the 127th General Assembly and notwithstanding any provision of law to the contrary, the Public Health Council shall rescind rules adopted by the Council under section 3718.02 of the Revised Code, that took effect on January 1, 2007. At the same time as those rules are rescinded, the Council shall adopt rules that are identical to the rules adopted by the Council that were in effect prior to January 1, 2007, and were codified in Chapter 3701-29 of the Administrative Code, except the rules in that Chapter that established requirements for separation distances from a water table and soil absorption requirements. Instead, a board of health or the authority having the duties of a board of health shall adopt standards establishing requirements for separation distances from a water table and soil absorption requirements based on the water table and soils in the applicable health district for purposes of the installation and operation of household sewage treatment systems and small flow on-site sewage treatment systems in the applicable health district.
The rescission and adoption of rules under this division are not subject to section 119.03 of the Revised Code. However, the Public Health Council shall file the rules in accordance with section 119.04 of the Revised Code. Upon that filing, the rules take immediate effect.
(B) A local board of health or the authority having the duties of a board of health may adopt standards for use in the health district that are more stringent than the rules adopted under division (A)(1) or (2) of this section, provided that the board of health or authority having the duties of a board of health in adopting such standards considers the economic impact of those standards on property owners, the state of available technology, and the nature and economics of the available alternatives. If a board of health or authority having the duties of a board of health adopts standards that are more stringent than the rules adopted under division (A)(1) or (2) of this section, the board or authority shall send a copy of the standards to the Department of Health.
(C)(1) A board of health or the authority having the duties of a board of health shall approve or deny the use of household sewage treatment systems and small flow on-site sewage treatment systems in the applicable health district. In approving or denying a household sewage treatment system or a small flow on-site sewage treatment system for use in the health district, the board or authority shall consider the economic impact of the system on property owners, the state of available technology, and the nature and economics of the available alternatives, ensure that a system will not create a public health nuisance, and require a system to comply with the requirements established in divisions (C)(2) and (3) of this section.
(2) Notwithstanding any rule adopted by the Director of Health or the Public Health Council or standard adopted by a board of health or the authority having the duties of a board of health governing the installation and operation of sewage treatment systems, a board of health or the authority having the duties of a board of health shall ensure that the design and installation of a soil absorption system prevents public health nuisances. To the extent determined necessary by a board of health or the authority having the duties of a board of health, a sewage treatment system that is installed after the effective date of this section as enacted by Am. Sub. H.B. 119 of the 127th General Assembly shall not discharge to a ditch, stream, pond, lake, natural or artificial waterway, drain tile, other surface water, or the surface of the ground unless authorized by a national pollutant discharge elimination system (NPDES) permit issued under Chapter 6111. of the Revised Code and rules adopted under it. In addition, a sewage treatment system shall not discharge to an abandoned well, a drainage well, a dry well or cesspool, a sinkhole, or another connection to ground water. As a condition to the issuance of a permit to operate a system, a board of health or the authority having the duties of a board of health shall require a service contract for any sewage treatment system that is subject to an NPDES permit to the extent required by the Environmental Protection Agency. If classified as a class V injection well, a household sewage treatment system serving a two- or three-family dwelling or a small flow on-site sewage treatment system shall comply with 40 C.F.R. 144, as published in the July 1, 2005, Code of Federal Regulations and with the registration requirements established in rule 3745-34-13 of the Administrative Code.
(3) Notwithstanding any rule adopted by the Director of Health or the Public Health Council or standard adopted by a board of health or the authority having the duties of a board of health governing the installation and operation of household sewage treatment systems, all septic tanks, other disposal component tanks, dosing tanks, pump vaults, household sewage disposal system holding tanks and privy vaults, or other applicable sewage disposal system components manufactured after the effective date of this section as enacted by Am. Sub. H.B. 119 of the 127th General Assembly and used in this state shall be watertight and structurally sound.
(4) For purposes of division (C) of this section, "economic impact" means all of the following with respect to the approval or denial of a household sewage treatment system or small flow on-site sewage treatment system, as applicable:
(a) The cost of a proposed system;
(b) The cost of an alternative system that will not create a public health nuisance;
(c) A comparison of the costs of repairing a system as opposed to replacing the system with a new system;
(d) The value of the dwelling or facility, as applicable, that the system services as indicated in the most recent tax duplicate.
(D)(1) Notwithstanding any rule adopted by the Director of Health or the Public Health Council governing the installation and operation of household sewage treatment systems, a board of health or the authority having the duties of a board of health may establish and collect fees for the purposes of this section.
(2) In addition to the fees that are authorized to be established under division (D)(1) of this section, there is hereby levied an application fee of twenty-five dollars for a sewage treatment system installation permit. A board of health or the authority having the duties of a board of health shall collect the fee on behalf of the Department of Health and forward the fee to the Department to be deposited in the state treasury to the credit of the Sewage Treatment System Innovation Fund, which is hereby created. Not more than seventy-five per cent of the money in the Fund shall be used by the Department to administer the sewage treatment system program, and not less than twenty-five per cent of the money in the Fund shall be used to establish a grant program in cooperation with boards of health to fund the installation and evaluation of new technology pilot projects. In the selection of the pilot projects, the Director of Health shall consult with the Sewage Treatment System Technical Advisory Committee created in section 3718.03 of the Revised Code.
(E) Not later than one year after the installation of a household sewage treatment system, a board of health or the authority having the duties of a board of health shall inspect the system to ensure that it is not a public health nuisance.
(F) The Department of Health may file an injunctive action against a board of health or the authority having the duties of a board of health that allows a household sewage treatment system or small flow on-site sewage treatment system to cause a public health nuisance, provided that the Department provides reasonable notice to the board or authority and allows for the opportunity to abate the nuisance prior to the action.
(G) The Environmental Protection Agency shall not require a board of health or the authority having the duties of a board of health to enter into a memorandum of understanding or any other agreement with the Agency regarding the issuance of NPDES permits for off-lot sewage treatment systems. Instead, a representative of a board of health or the authority having the duties of a board of health may meet with a person who intends to install such a system to determine the feasibility of the system and refer the person to the Agency to secure an NPDES permit for the system if needed. The Environmental Protection Agency, within ninety days or as quickly as possible after the effective date of this section as enacted by Am. Sub. H.B. 119 of the 127th General Assembly, shall seek a revision to the general NPDES permit, issued pursuant to the federal Water Pollution Control Act as defined in section 6111.01 of the Revised Code, in order not to require a memorandum of understanding with a board of health or the authority having the duties of a board of health and that allows a property owner to seek coverage under the general NPDES permit for purposes of this division. A board of health or the authority having the duties of a board of health voluntarily may enter into a memorandum of understanding with the Environmental Protection Agency to implement the general NPDES permit. In the interim, the Agency shall work with boards of health or authorities having the duties of boards of health and with property owners in order to facilitate the owners' securing an NPDES permit in counties without a memorandum of understanding.
(H) Notwithstanding any rule adopted by the Director of Health or the Public Health Council governing the installation and operation of household sewage treatment systems, a board of health or the authority having the duties of a board of health that, prior to the effective date of this section, has obtained authority from the Department of Health and the Environmental Protection Agency to regulate small flow on-site sewage treatment systems may continue to regulate such systems on and after the effective date of this section as enacted by Am. Sub. H.B. 119 of the 127th General Assembly. A board of health or the authority having the duties of a board of health that has not obtained such authority may request the authority from the Department of Health and the Environmental Protection Agency in the manner provided by law.
(I) Because the rules adopted by the Public Health Council under section 3718.02 of the Revised Code that were effective on January 1, 2007, have been rescinded by operation of this section, the references to those rules in section 3718.021 of the Revised Code are not operable. Instead, notwithstanding any other provisions of this section, the Director of Health or the Public Health Council, as applicable, shall provide for the implementation of section 3718.021 of the Revised Code in the rules that are required to be adopted under division (A) of this section.
(J) The Department of Health in cooperation with a board of health or the authority having the duties of a board of health shall assess the familiarity of the board's or authority's staff with the best practices in the use of sewage treatment systems and conduct appropriate training to educate the board's or authority's staff in those best practices and in the use of any new sewage treatment system technology that is recommended for use by the Sewage Treatment System Technical Advisory Committee created in section 3718.03 of the Revised Code.
(K)(1) As used in this section, "household sewage treatment system," "small flow on-site sewage treatment system," and "sewage treatment system" have the same meanings as in section 3718.01 of the Revised Code.
(2) For the purposes of this section, "household sewage treatment system" is deemed to mean "household sewage disposal system" as necessary for the operation of this section.
(3) For purposes of this section, a public health nuisance shall be deemed to exist when an inspection conducted by a board of health documents odor, color, or other visual manifestations of raw or poorly treated sewage and either of the following applies:
(a) Water samples exceed five thousand fecal coliform counts per one hundred milliliters (either MPN or MF) in two or more samples when five or fewer samples are collected or in more than twenty per cent of the samples when more than five samples are taken.
(b) Water samples exceed five hundred seventy-six E. Coli counts per one hundred milliliters in two or more samples when five or fewer samples are collected or in more than twenty per cent of the samples when more than five samples are taken.
(L) Neither the Director of Health or the Public Health
Council shall adopt rules prior to January July 1, 2010, that
modify or change the requirements established by this section.
(M) This section expires on the effective date of the rules
that are to be adopted under section 3718.02 of the Revised Code
when that section becomes operational on January July 1, 2010,
pursuant to Section 120.01 of Am. Sub. H.B. 119 of the 127th
General Assembly, as amended."
SECTION 7. That existing Sections 120.01 and 120.02 of Am. Sub. H.B. 119 of the 127th General Assembly, as amended by Am. Sub. H.B. 1 of the 128th General Assembly, are hereby repealed.
SECTION 8. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to expedite the process of receiving approval from the Administrator of the United States Environmental Protection Agency for the Director of Agriculture to administer certain national pollutant discharge elimination system permits and to provide for the extension of temporary provisions governing sewage treatment systems to provide time for the General Assembly to craft new requirements pertaining to those systems. Therefore, this act shall go into immediate effect.