| Section 1. That sections 903.01, 903.02, 903.03, 903.04,
| 24 |
|
903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10,
| 25 |
|
903.15, 903.16, 903.17, and 6111.03 of the Revised Code be amended
| 26 |
|
to read as follows: | 27 |
| (A) "Agricultural animal" means any animal generally used for
| 29 |
|
food or in the production of food, including cattle, sheep, goats,
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|
rabbits, poultry, and swine; horses; alpacas; llamas; and any
| 31 |
|
other animal included by the director of agriculture by rule.
| 32 |
|
"Agricultural animal" does not include fish or other aquatic
| 33 |
|
animals regardless of whether they are raised at fish hatcheries,
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|
fish farms, or other facilities that raise aquatic animals.
| 35 |
| (O) "Manure" means any of the following wastes used in or
| 123 |
|
resulting from the production of agricultural animals or direct
| 124 |
|
agricultural products such as milk or eggs: animal excreta,
| 125 |
|
discarded products, bedding, process waste water, process
| 126 |
|
generated waste water, waste feed, silage drainage, and compost
| 127 |
|
products resulting from mortality composting or the composting of
| 128 |
|
animal excreta.
| 129 |
(W) "Person" means any legal entity defined as a person under | 198 |
has the same meaning as in
section 1.59 of the Revised Code,and | 199 |
|
also includes the state, any political
subdivision of the state, | 200 |
|
any interstate body created by compact,
the United States, or any | 201 |
|
department, agency, or instrumentality
of any of those entities.
| 202 |
| (Y) "Pollutant" means dredged spoil, solid waste, incinerator
| 205 |
|
residue, filter backwash, sewage, garbage, sewage sludge,
| 206 |
|
munitions, chemical wastes, biological materials, radioactive
| 207 |
|
materials except those regulated under the "Atomic Energy Act of
| 208 |
|
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or
| 209 |
|
discarded equipment, rock, sand, cellar dirt, and industrial,
| 210 |
|
municipal, and agricultural waste, including manure, discharged
| 211 |
|
into water. "Pollutant" does not include either of the following: | 212 |
| (2) Water, gas, or other material that is injected into a
| 214 |
|
well to facilitate production of oil or gas, or water derived in
| 215 |
|
association with oil and gas production and disposed of in a well,
| 216 |
|
if the well that is used either to facilitate production or for
| 217 |
|
disposal purposes is approved by the state and if the state
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|
determines that the injection or disposal will not result in the
| 219 |
|
degradation of ground or surface water resources. | 220 |
| (1) Animal confinement areas, including, but not limited to,
| 238 |
|
open lots, housed lots, feedlots, confinement houses, stall barns,
| 239 |
|
free stall barns, milkrooms, milking centers, cowyards, barnyards,
| 240 |
|
medication pens, animal walkways, and stables;
| 241 |
| (1) The name and address of the applicant, of all partners if
| 287 |
|
the applicant is a partnership, of all members if the applicant is
| 288 |
|
a limited liability company, or of all officers and directors if
| 289 |
|
the applicant is a corporation, and of any other person who has a
| 290 |
|
right to control or in fact controls management of the applicant
| 291 |
|
or the selection of officers, directors, or managers of the
| 292 |
applicant;. As used in division (C)(1) of this section, "control"
| 293 |
|
means the power, directly or indirectly, to direct the management
| 294 |
|
and policies of the applicant through the ownership of voting
| 295 |
|
securities, by contract, through a right of approval or
| 296 |
|
disapproval, or otherwise unless the power is held by a chartered
| 297 |
|
lending institution as a result of debt liability. | 298 |
| (4) In the case of an application for a concentrated animal
| 308 |
|
feeding facility that meets the criteria established in sections
| 309 |
|
307.204 and 505.266 of the Revised Code, written statements from
| 310 |
|
the board of county commissioners of the county and the board of
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|
township trustees of the township in which the concentrated animal
| 312 |
|
feeding facility would be located certifying that, in accordance
| 313 |
|
with those sections, the applicant has provided the boards with
| 314 |
|
the required written notification and that final recommendations
| 315 |
|
were selected regarding improvements, if any, to county or
| 316 |
|
township infrastructure that are needed as a result of the new or
| 317 |
|
expanded concentrated animal feeding facility and the costs of
| 318 |
|
those improvements;
| 319 |
| (1) The name and address of the applicant, of all partners if
| 377 |
|
the applicant is a partnership, of all members if the applicant is
| 378 |
|
a limited liability company, or of all officers and directors if
| 379 |
|
the applicant is a corporation, and of any other person who has a
| 380 |
|
right to control or in fact controls management of the applicant
| 381 |
|
or the selection of officers, directors, or managers of the
| 382 |
applicant;. As used in division (C)(1) of this section, "control"
| 383 |
|
has the same meaning as in division (C)(1) of section 903.02 of
| 384 |
|
the Revised Code. | 385 |
| (E) The director shall issue general permits to operate for
| 415 |
|
categories of concentrated animal feeding facilities that will
| 416 |
|
apply in lieu of individual permits to operate, provided that each
| 417 |
|
category of facilities meets all of the criteria established in
| 418 |
|
rules for general permits to operate. A person who is required to
| 419 |
|
obtain a permit to operate shall submit to the director a notice
| 420 |
|
of the person's intent to be covered under an existing general
| 421 |
|
permit or, at the person's option, shall submit an application for
| 422 |
|
an individual permit to operate. Upon receipt of a notice of
| 423 |
|
intent to be covered under an existing general permit, the
| 424 |
|
director shall notify the applicant in writing that the person is
| 425 |
|
covered by the general permit if the person satisfies the criteria
| 426 |
|
established in rules for eligibility for such coverage. If the
| 427 |
|
person is ineligible for coverage under the general permit, the
| 428 |
|
director shall require the submission of an application for an
| 429 |
|
individual permit to operate.
| 430 |
| (B) On and after the date on which the director of
| 453 |
|
agriculture has finalized the program required under division
| 454 |
|
(A)(1) of section 903.02 of the Revised Code, the authority to
| 455 |
|
enforce terms and conditions of installation permits that
| 456 |
|
previously were issued to animal feeding facilities shall be
| 457 |
|
transferred from the director of environmental protection to the
| 458 |
|
director of agriculture. Thereafter, the director of environmental
| 459 |
|
protection shall have no authority to enforce the terms and
| 460 |
|
conditions of those installation permits. On and after the date on
| 461 |
|
which the director of agriculture has finalized the program
| 462 |
|
required under division (A)(1) of section 903.02 of the Revised
| 463 |
|
Code, an installation permit concerning which enforcement
| 464 |
|
authority has been transferred shall be deemed to have been issued
| 465 |
|
under this section.
| 466 |
| (D) Except as otherwise provided in this division, on and
| 478 |
|
after the date that is two years after the date on which the
| 479 |
|
director has finalized the program required under division (A)(1)
| 480 |
|
of section 903.03 of the Revised Code, and until the issuance of a
| 481 |
|
permit to operate, no person shall own or operate an existing
| 482 |
|
concentrated animal feeding facility unless the person holds a
| 483 |
|
review compliance certificate.
| 484 |
| This division does not apply to a person who has made a
| 485 |
|
timely submittal of the information required under division (E)(2)
| 486 |
|
of this section and who is waiting for the director to issue or
| 487 |
|
deny a review compliance certificate. Such a person may continue
| 488 |
|
the operation of the existing concentrated animal feeding facility
| 489 |
|
until, if applicable, the director issues an order denying the
| 490 |
|
review compliance certificate.
| 491 |
| (a) The name and address of the owner, of all partners if the
| 504 |
|
owner is a partnership, of all members if the owner is a limited
| 505 |
|
liability company, or of all officers and directors if the owner
| 506 |
|
is a corporation, and of any other person who has a right to
| 507 |
|
control or in fact controls management of the facility or the
| 508 |
selection of officers, directors, or managers of the facility;. As
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|
used in division (E)(2)(a) of this section, "control" has the same
| 510 |
|
meaning as in division (C)(1) of section 903.02 of the Revised
| 511 |
|
Code. | 512 |
| (c) A manure management plan for the facility that conforms
| 515 |
|
to best management practices regarding the handling, storage,
| 516 |
|
transportation, and land application of manure generated at the
| 517 |
|
facility and that contains any other information required by rule.
| 518 |
|
However, if a manure management plan submitted under division
| 519 |
|
(E)(2)(c) of this section does not conform with best management
| 520 |
|
practices regarding the handling, storage, transportation, and
| 521 |
|
land application of manure generated at the facility, the director
| 522 |
|
nevertheless shall deem the plan to conform with best management
| 523 |
|
practices if the owner or operator does all of the following:
| 524 |
| (F) After a review of the existing installation permit, an
| 546 |
|
inspection of the facility, and a review of the information
| 547 |
|
furnished under division (E)(2) of this section, and upon
| 548 |
|
determining that the existing facility is being operated in a
| 549 |
|
manner that protects the waters of the state and minimizes the
| 550 |
|
presence and negative effects of insects and rodents at the
| 551 |
|
facility and in surrounding areas, the director shall issue an
| 552 |
|
order issuing a review compliance certificate to the facility. In
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|
issuing the certificate, the director shall consider technical
| 554 |
|
feasibility and economic costs. The director shall not require a
| 555 |
|
significant capital expenditure, as defined by rule, by the
| 556 |
|
facility before issuing a certificate.
| 557 |
| The issuance of a review compliance certificate shall not be
| 572 |
|
subject to appeal under Chapter 119. or sections 3745.04 to
| 573 |
|
3745.06 of the Revised Code. The denial or revocation of a review
| 574 |
|
compliance certificate or the amendment of an installation permit
| 575 |
|
resulting from a certificate may be challenged by the applicant in
| 576 |
|
an administrative hearing in accordance with Chapter 119. of the
| 577 |
|
Revised Code, except that section 119.12 of the Revised Code does
| 578 |
|
not apply. An order of the director that denies or revokes a
| 579 |
|
certificate or amends an installation permit as a result of a
| 580 |
|
certificate may be appealed to the environmental review appeals
| 581 |
|
commission under sections 3745.04 to 3745.06 of the Revised Code.
| 582 |
| (2) The director may revoke a review compliance certificate
| 593 |
|
issued to an existing facility after the director has issued an
| 594 |
|
order as a result of a hearing held under Chapter 119. of the
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|
Revised Code in which the facility has been found to be in
| 596 |
|
violation of the terms and conditions of the review compliance
| 597 |
|
certificate. An existing facility whose review compliance
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|
certificate is revoked shall obtain a permit to operate and, if
| 599 |
|
applicable, a NPDES permit in order to resume operating.
| 600 |
(2) A listing of the animal feeding facilities that the owner
| 616 |
or operatorapplicant or any person identified by the applicant
| 617 |
|
under division (C)(1) of section 903.02 or 903.03 of the Revised
| 618 |
|
Code owns, has owned, has operated, or is operating elsewhere in
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|
the United States and that are regulated under the Federal Water
| 620 |
|
Pollution Control Act together with a listing of the animal
| 621 |
feeding facilities that the owner or operatorapplicant or any
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|
such person owns, has owned, has operated, or is operating outside
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|
the United States;
| 624 |
| (3) A listing of all administrative enforcement orders issued
| 625 |
to the owner or operatorapplicant or any person identified by the
| 626 |
|
applicant under division (C)(1) of section 903.02 or 903.03 of the
| 627 |
Revised Code, all civil actions in which the
owner or operator | 628 |
| applicant or any such person was determined by the trier of fact
| 629 |
|
to be liable in damages or was the subject of injunctive relief or
| 630 |
|
another type of civil relief, and all criminal actions in which
| 631 |
the owner or operatorapplicant or any such person pleaded guilty
| 632 |
|
or was convicted, during the five years immediately preceding the
| 633 |
|
submission of the application, in connection with any violation of
| 634 |
the federalFederal Water Pollution Control Act, the "Safe
| 635 |
|
Drinking Water Act," as defined in section 6109.01 of the Revised
| 636 |
|
Code, or any other applicable state laws pertaining to
| 637 |
|
environmental protection that was alleged to have occurred or to
| 638 |
be occurring at any animal feeding facility that the owner or
| 639 |
operatorapplicant or any such person owns, has owned, has
| 640 |
|
operated, or is operating in the United States or with any
| 641 |
|
violation of the environmental laws of another country that was
| 642 |
|
alleged to have occurred or to be occurring at any animal feeding
| 643 |
facility that the
owner or operatorapplicant or any such person
| 644 |
|
owns, has owned, has operated, or is operating outside the United
| 645 |
|
States.
| 646 |
| The lists of animal feeding facilities owned or operated by
| 647 |
the owner or operatorapplicant or any person identified by the
| 648 |
|
applicant under division (C)(1) of section 903.02 or 903.03 of the
| 649 |
|
Revised Code within or outside this state or outside the United
| 650 |
|
States shall include, respectively, all such facilities owned or | 651 |
operated by the owner or operatorapplicant or any such person | 652 |
|
during the five-year period immediately preceding the submission
| 653 |
|
of the application.
| 654 |
| (B) If the applicant for a permit to install or permit to
| 655 |
|
operate or any person identified by the applicant under division
| 656 |
|
(C)(1) of section 903.02 or 903.03 of the Revised Code has been
| 657 |
|
involved in any prior activity involving the operation of an
| 658 |
|
animal feeding facility, the director of agriculture may deny the
| 659 |
|
application if the director finds from the application, the
| 660 |
|
information submitted under divisions (A)(1) to (3) of this
| 661 |
|
section, pertinent information submitted to the director, and
| 662 |
|
other pertinent information obtained by the director at the
| 663 |
director's discretion that the applicant and persons associated
| 664 |
with the applicantany such person, in the operation of animal
| 665 |
|
feeding facilities, have a history of substantial noncompliance
| 666 |
|
with the Federal Water Pollution Control Act, the "Safe Drinking
| 667 |
|
Water Act," as defined in section 6109.01 of the Revised Code, any
| 668 |
|
other applicable state laws pertaining to environmental
| 669 |
|
protection, or the environmental laws of another country that
| 670 |
|
indicates that the applicant or any such person lacks sufficient
| 671 |
|
reliability, expertise, and competence to operate the proposed new
| 672 |
|
or modified concentrated animal feeding facility in substantial
| 673 |
|
compliance with this chapter and rules adopted under it.
| 674 |
| (C) A person who seeks to acquire or operate a concentrated
| 675 |
|
animal feeding facility that has been issued an installation
| 676 |
|
permit that has been transferred from the director of
| 677 |
|
environmental protection to the director of agriculture, a permit
| 678 |
|
to install, or a permit to operate shall submit to the director
| 679 |
|
the information specified in divisions (A)(1) to (3) of this
| 680 |
|
section prior to the transfer of the permit. The permit shall not
| 681 |
|
be transferred as otherwise provided in division (I) of section
| 682 |
|
903.09 of the Revised Code if the director finds from the
| 683 |
|
information submitted under divisions (A)(1) to (3) of this
| 684 |
|
section, pertinent information submitted to the director, and
| 685 |
|
other pertinent information obtained by the director at the
| 686 |
|
director's discretion that the person, in the operation of animal
| 687 |
|
feeding facilities, has a history of substantial noncompliance
| 688 |
|
with the Federal Water Pollution Control Act, the "Safe Drinking
| 689 |
|
Water Act," as defined in section 6109.01 of the Revised Code, any
| 690 |
|
other applicable state laws pertaining to environmental
| 691 |
|
protection, or the environmental laws of another country that
| 692 |
|
indicates that the person lacks sufficient reliability, expertise,
| 693 |
|
and competence to operate the concentrated animal feeding facility
| 694 |
|
in substantial compliance with this chapter and rules adopted
| 695 |
|
under it.
| 696 |
| (D) An owner or operator of a concentrated animal feeding
| 697 |
|
facility that has been issued an installation permit that has been
| 698 |
|
transferred from the director of environmental protection to the
| 699 |
|
director of agriculture, a permit to install, or a permit to
| 700 |
|
operate shall submit to the director notice of any proposed change
| 701 |
|
in the persons identified to the director under division (C)(1) of
| 702 |
|
section 903.02 or 903.03 of the Revised Code, as applicable. The
| 703 |
|
director may deny approval of the proposed change if the director
| 704 |
|
finds from the information submitted under divisions (A)(1) to (3)
| 705 |
|
of this section, pertinent information submitted to the director,
| 706 |
|
and other pertinent information obtained by the director at the
| 707 |
|
director's discretion that the proposed person, in the operation
| 708 |
|
of animal feeding facilities, has a history of substantial
| 709 |
|
noncompliance with the Federal Water Pollution Control Act, the
| 710 |
|
"Safe Drinking Water Act," as defined in section 6109.01 of the
| 711 |
|
Revised Code, any other applicable state laws pertaining to
| 712 |
|
environmental protection, or the environmental laws of another
| 713 |
|
country that indicates that the person lacks sufficient
| 714 |
|
reliability, expertise, and competence to operate the concentrated
| 715 |
|
animal feeding facility in substantial compliance with this
| 716 |
|
chapter and rules adopted under it. | 717 |
| (B) An owner or operator of a concentrated animal feeding
| 720 |
|
facility shall prepare and submit to the director of agriculture
| 721 |
|
in accordance with rules an insect and rodent control plan
| 722 |
|
designed to minimize the presence and negative effects of insects
| 723 |
|
and rodents at the concentrated animal feeding facility and in
| 724 |
|
surrounding areas, including land on which manure is stored or
| 725 |
|
applied. The plan shall conform to best management practices
| 726 |
|
established in rules. The director shall approve or deny the plan
| 727 |
|
within the time period established in rules by the director and
| 728 |
|
may require modification of the plan at that time or a later time
| 729 |
|
in accordance with rules.
| 730 |
| (1) The management and handling of manure at a major
| 746 |
|
concentrated animal feeding facility, including the land
| 747 |
|
application of manure or the removal of manure from a manure
| 748 |
|
storage or treatment facility, shall be conducted only by or under
| 749 |
|
the supervision of a person holding a livestock manager
| 750 |
|
certification issued under this section. A person managing or
| 751 |
|
handling manure who is acting under the instructions and control
| 752 |
|
of a person holding a livestock manager certification is
| 753 |
|
considered to be under the supervision of the certificate holder
| 754 |
|
if the certificate holder is responsible for the actions of the
| 755 |
|
person and is available when needed even though the certificate
| 756 |
|
holder is not physically present at the time of the manure
| 757 |
|
management or handling.
| 758 |
| (B) The director shall issue a livestock manager
| 764 |
|
certification to a person who has submitted a complete application
| 765 |
|
for certification on a form prescribed and provided by the
| 766 |
|
director, together with the appropriate application fee, and who
| 767 |
|
has completed successfully the required training and has passed
| 768 |
|
the required examination. The director may suspend or revoke a
| 769 |
|
livestock manager certification and may reinstate a suspended or
| 770 |
|
revoked livestock manager certification in accordance with rules.
| 771 |
| (C) Information required to be included in an application for
| 772 |
|
a livestock manager certification, the amount of the application
| 773 |
fee,
and requirements regarding training and the examination,
| 774 |
|
requirements governing the management and handling of manure,
| 775 |
|
including the land application of manure, and requirements
| 776 |
|
governing the keeping of records regarding the handling of manure,
| 777 |
|
including the land application of manure, shall be established in
| 778 |
|
rules.
| 779 |
| Sec. 903.08. (A)(1) The director of agriculture is
| 780 |
|
authorized to participate in the national pollutant discharge
| 781 |
|
elimination system in accordance with the Federal Water Pollution
| 782 |
|
Control Act. Not later than one hundred eighty days after March
| 783 |
|
15, 2001, the director shall prepare a state program in accordance
| 784 |
|
with 40 C.F.R. 123.21 for point sources that are subject to this
| 785 |
|
section and shall submit the program to the United States
| 786 |
|
environmental protection agency for approval.
| 787 |
| (2) On and after the date on which the United States
| 788 |
|
environmental protection agency approves the state program
| 789 |
|
submitted under division (A)(1) of this section, the authority to
| 790 |
|
enforce terms and conditions of NPDES permits previously issued
| 791 |
|
under division (J) of section 6111.03 or under section 6111.035 of
| 792 |
|
the Revised Code for the discharging, transporting, or handling of
| 793 |
storm water from an animal feeding facility or of manure | 794 |
| pollutants from concentrated animal feeding operations is
| 795 |
|
transferred from the director of environmental protection to the
| 796 |
|
director of agriculture. Thereafter, the director of
| 797 |
|
environmental protection shall have no authority to enforce the
| 798 |
|
terms and conditions of those NPDES permits. After the transfer
| 799 |
|
of authority under division (A)(2) of this section, the NPDES
| 800 |
|
permits concerning which authority has been transferred shall be
| 801 |
|
considered to have been issued under this section.
| 802 |
| (B)(1) On and after the date on which the United States
| 803 |
|
environmental protection agency approves the NPDES program
| 804 |
|
submitted by the director of agriculture under this section, no
| 805 |
person shall discharge manurepollutants from a point source | 806 |
| concentrated animal feeding operation into waters of the state
| 807 |
|
without first obtaining a NPDES permit issued by the director of
| 808 |
|
agriculture under this section. Any person that is required by the
| 809 |
|
Federal Water Pollution Control Act to obtain a permit for the
| 810 |
discharge of manurepollutants from a concentrated animal feeding
| 811 |
|
operation shall apply to the director for an individual NPDES
| 812 |
|
permit or for coverage under a general NPDES permit. The director
| 813 |
|
is authorized to issue, revoke, modify, or deny such an individual
| 814 |
|
permit or issue, revoke, or deny coverage under a general permit
| 815 |
|
in compliance with all requirements of the Federal Water Pollution
| 816 |
|
Control Act. Violation of division (B)(1) of this section is
| 817 |
|
hereby declared to be a public nuisance for purposes of state
| 818 |
|
enforcement of this section.
| 819 |
| (2) Persons that have been issued a permit by the director of
| 820 |
|
environmental protection under division (J) of section 6111.03 of
| 821 |
the Revised Code for the discharge of manurepollutants from a
| 822 |
|
concentrated animal feeding operation into the waters of the state | 823 |
|
prior to the date on which the United States environmental
| 824 |
|
protection agency approves the NPDES program submitted by the
| 825 |
|
director of agriculture under this section may continue to
operate
| 826 |
|
under that permit until it expires or is modified or revoked. Such
| 827 |
|
a permit shall be enforced by the director of agriculture upon the
| 828 |
|
transfer of authority to enforce the terms and conditions of the
| 829 |
|
permit under division (A)(2) of this section.
| 830 |
| (C)(1) On and after the date on which the United States
| 831 |
|
environmental protection agency approves the NPDES program
| 832 |
|
submitted by the director of agriculture under this section, no
| 833 |
|
person shall discharge storm water resulting from an animal
| 834 |
|
feeding facility without first obtaining a NPDES permit issued by
| 835 |
|
the director of agriculture in accordance with rules when such a
| 836 |
|
permit is required by the Federal Water Pollution Control Act.
| 837 |
|
Violation of division (C)(1) of this section is hereby declared to
| 838 |
|
be a public nuisance for purposes of state enforcement of this
| 839 |
|
section.
| 840 |
| (2) Persons that have been issued a NPDES permit by the
| 841 |
|
director of environmental protection under Chapter 6111. of the
| 842 |
|
Revised Code for the discharge of storm water from an animal
| 843 |
|
feeding facility prior to the date on which the United States
| 844 |
|
environmental protection agency approves the NPDES program
| 845 |
|
submitted by the director of agriculture under this section may
| 846 |
|
continue to operate under that permit until it expires or is
| 847 |
|
modified or revoked. Such a permit shall be enforced by the
| 848 |
|
director of agriculture upon the transfer of authority to enforce
| 849 |
|
the terms and conditions of the permit under division (A)(2) of
| 850 |
|
this section.
| 851 |
| (D) In accordance with rules, an applicant for a NPDES permit
| 852 |
|
issued under this section shall submit a fee in an amount
| 853 |
|
established by rule together with, except as otherwise provided in
| 854 |
|
division (F) of this section, an application for the permit to the
| 855 |
|
director of agriculture on a form prescribed by the director. The
| 856 |
|
application shall include any information required by rule. The
| 857 |
|
director or the director's authorized representative may help an
| 858 |
|
applicant for a NPDES permit during the application process by
| 859 |
|
providing guidance and technical assistance.
| 860 |
| A person who is required to obtain a NPDES permit shall
| 888 |
|
submit to the director a notice of the person's intent to be
| 889 |
|
covered under an existing general permit or, at the person's
| 890 |
|
option, an application for an individual NPDES permit. Upon
| 891 |
|
receipt of a notice of intent for coverage under an existing
| 892 |
|
general permit, the director shall notify the applicant in writing
| 893 |
|
that the person is covered by the general permit if the person
| 894 |
|
satisfies the criteria established in rules for eligibility for
| 895 |
|
such coverage. If the person is ineligible for coverage under the
| 896 |
|
general permit, the director shall require the submission of an
| 897 |
|
application for an individual NPDES permit.
| 898 |
| (G) The director of agriculture shall establish terms and
| 899 |
|
conditions of NPDES permits in accordance with rules. Terms and
| 900 |
|
conditions shall be designed to achieve and maintain full
| 901 |
|
compliance with national effluent limitations, national standards
| 902 |
|
of performance for new sources, the most current water quality
| 903 |
|
standards adopted under section 6111.041 of the Revised Code, the
| 904 |
|
most current antidegradation policy adopted under section 6111.12
| 905 |
|
of the Revised Code, and other requirements of the Federal Water
| 906 |
|
Pollution Control Act. In establishing the terms and conditions of
| 907 |
|
a NPDES permit, the director, to the extent consistent with that
| 908 |
|
act, shall consider technical feasibility and economic costs and
| 909 |
|
shall allow a reasonable period of time for coming into compliance
| 910 |
|
with the permit.
| 911 |
| (L) The director may modify, suspend, or revoke a NPDES
| 936 |
|
permit issued under this section for cause as established by rule.
| 937 |
|
No NPDES permit issued under this section shall be modified,
| 938 |
|
suspended, or revoked without a written order stating the findings
| 939 |
|
that led to the modification, suspension, or revocation. In
| 940 |
|
addition, the permittee has a right to an administrative hearing
| 941 |
|
in accordance with Chapter 119. of the Revised Code, except that
| 942 |
|
section 119.12 of the Revised Code does not apply. Further, an
| 943 |
|
order of the director modifying, suspending, or revoking a NPDES
| 944 |
|
permit may be appealed to the environmental review appeals
| 945 |
|
commission under sections 3745.04 to 3745.06 of the Revised Code.
| 946 |
| Sec. 903.081. (A) For purposes of section 903.08 of the
| 956 |
Revised Code, no person shall issueapprove all or portions of a
| 957 |
|
NPDES permit if the person receives or has received during the two
| 958 |
|
years prior to the receipt of an application for a NPDES permit a
| 959 |
|
significant portion of income from any NPDES permittee or any
| 960 |
applicant for a NPDES permit. In addition, no person who,may
| 961 |
|
serve on a board or commission that approves all or portions of a
| 962 |
|
NPDES permit, including taking such action pursuant to an appeal
| 963 |
of
an action regarding a NPDES permit, has the authority to
| 964 |
require or to order the director of agriculture to vacate or
| 965 |
modify a NPDES permit shall require or order the director to
| 966 |
vacate or modify a NPDES permit if the person receives or has
| 967 |
|
received during the two years prior to serving on the board or
| 968 |
|
commission or to the filing of the appeal a significant portion
| 969 |
|
of income from any NPDES permittee or any applicant for a NPDES
| 970 |
|
permit.
| 971 |
| (1) The director has received from the chief of the division | 992 |
|
of soil and water resources in the department of natural resources | 993 |
|
a copy of an order issued under section 1511.02 of the Revised | 994 |
|
Code that specifies that the animal feeding facility has caused | 995 |
|
agricultural pollution by failure to comply with standards | 996 |
|
established under that section and that the animal feeding | 997 |
facility therefore should be required to be permitted as a
medium | 998 |
or small concentrated animal feeding operationfacility. | 999 |
(B) If an animal feeding facility is required to be permitted | 1005 |
in accordance with this section, the owner or operator of the | 1006 |
facility shall apply to the director for a permit to operate as a | 1007 |
concentrated animal feeding operation. In a situation in which | 1008 |
|
best management practices cannot be implemented without modifying | 1009 |
|
the existing animal feeding facility, the owner or operator of the | 1010 |
facility also shall apply for a permit to install for the | 1011 |
|
facility. | 1012 |
| Sec. 903.09. (A) Prior to issuing or modifying a permit to
| 1019 |
|
install, permit to operate, or NPDES permit, the director of
| 1020 |
|
agriculture shall issue a draft permit. The director or the
| 1021 |
|
director's representative shall mail notice of the issuance of a
| 1022 |
|
draft permit to the applicant and shall publish the notice once in
| 1023 |
|
a newspaper of general circulation in the county in which the
| 1024 |
|
concentrated animal feeding facility or discharger is located or
| 1025 |
|
proposed to be located. The director shall mail notice of the
| 1026 |
|
issuance of a draft permit and a copy of the draft permit to the
| 1027 |
|
board of county commissioners of the county and the board of
| 1028 |
|
township trustees of the township in which the concentrated animal
| 1029 |
|
feeding facility or discharger is located or proposed to be
| 1030 |
|
located. The director or the director's representative also shall
| 1031 |
|
provide notice of the issuance of a draft NPDES permit to any
| 1032 |
|
other persons that are entitled to notice under the Federal Water
| 1033 |
|
Pollution Control Act. Notice of the issuance of a draft permit
| 1034 |
|
to install, permit to operate, or NPDES permit shall include the
| 1035 |
|
address where written comments concerning the draft permit may be
| 1036 |
|
submitted and the period of time during which comments will be
| 1037 |
|
accepted as established by rule.
| 1038 |
| (C) The director shall apply the antidegradation policy
| 1050 |
|
adopted under section 6111.12 of the Revised Code to permits
| 1051 |
|
issued under this chapter to the same degree and under the same
| 1052 |
|
circumstances as it applies to permits issued under Chapter 6111.
| 1053 |
|
of the Revised Code. The director shall hold one public meeting
| 1054 |
|
to consider antidegradation issues when such a meeting is required
| 1055 |
|
by the antidegradation policy. When allowed by the antidegradation
| 1056 |
|
policy, the director shall hold the public meeting on
| 1057 |
|
antidegradation issues concurrently with any public meeting held
| 1058 |
|
for the draft permit.
| 1059 |
| The director shall mail to the applicant or the permittee
| 1076 |
|
notice of the director's proposed action to deny, modify, suspend,
| 1077 |
|
or revoke a permit to install, permit to operate, or NPDES permit.
| 1078 |
|
The director shall publish the notice once in a newspaper of
| 1079 |
|
general circulation in the county in which the concentrated animal
| 1080 |
|
feeding facility or concentrated animal feeding operation is
| 1081 |
|
located or proposed to be located. The director shall mail a copy
| 1082 |
|
of the notice of the proposed action to the board of county
| 1083 |
|
commissioners of the county and to the board of township trustees
| 1084 |
|
of the township in which the concentrated animal feeding facility
| 1085 |
|
or concentrated animal feeding operation is located or proposed to
| 1086 |
|
be located. The director also shall provide notice of the
| 1087 |
|
director's proposed action to deny, modify, suspend, or revoke a
| 1088 |
|
permit to install, permit to operate, or NPDES permit to any other
| 1089 |
|
person that is entitled to notice under the Federal Water
| 1090 |
|
Pollution Control Act. The notice of the director's proposed
| 1091 |
|
action to deny, modify, suspend, or revoke a permit to install,
| 1092 |
|
permit to operate, or NPDES permit shall include the address where
| 1093 |
|
written comments concerning the director's proposed action may be
| 1094 |
|
submitted and the period of time during which comments will be
| 1095 |
|
accepted as established by rule. If the director receives written
| 1096 |
|
comments in an amount that demonstrates significant public
| 1097 |
|
interest, as defined by rule, the director shall schedule one
| 1098 |
|
public meeting to provide information to the public and to hear
| 1099 |
|
comments pertinent to the proposed action. The notice of the
| 1100 |
|
public meeting shall be provided in the same manner as the notice
| 1101 |
|
of the director's proposed action.
| 1102 |
| The director shall not issue an order that makes the proposed
| 1103 |
|
action final until the applicant or permittee has had an
| 1104 |
|
opportunity for an adjudication hearing in accordance with Chapter
| 1105 |
|
119. of the Revised Code, except that section 119.12 of the
| 1106 |
|
Revised Code does not apply. An order of the director that
| 1107 |
|
finalizes the proposed action or an order issuing a permit without
| 1108 |
|
a prior proposed action may be appealed to the environmental
| 1109 |
|
review appeals commission under sections 3745.04 to 3745.06 of the
| 1110 |
|
Revised Code.
| 1111 |
| (2) In the case of an application for a permit to install or
| 1117 |
|
permit to operate that is not connected with an application for a
| 1118 |
|
NPDES permit, the director shall issue or propose to deny the
| 1119 |
|
permit not later than ninety days after receiving the application.
| 1120 |
|
If the director has proposed to deny the permit to install or
| 1121 |
|
permit to operate under division (G)(2) of this section, the
| 1122 |
|
director shall issue an order denying the permit or, if the
| 1123 |
|
director decides against the proposed denial, issuing the permit
| 1124 |
|
not later than one hundred eighty days after receiving the
| 1125 |
|
application. If the director denies the permit, the director shall
| 1126 |
|
notify the applicant in writing of the reason for the denial.
| 1127 |
| (I) Upon the transfer of ownership of an animal feeding
| 1130 |
|
facility for which a permit to install, an installation permit, a
| 1131 |
|
review compliance certificate, or a permit to operate that
| 1132 |
|
contains no NPDES provisions has been issued, the permit or
| 1133 |
|
certificate shall be transferred to the new owner of the animal
| 1134 |
|
feeding facility except as provided in division (C) of section
| 1135 |
|
903.05 of the Revised Code. In the case of the transfer of
| 1136 |
|
ownership of a point source for which a NPDES permit or a permit
| 1137 |
|
to operate that contains NPDES provisions has been issued, the
| 1138 |
|
permit shall be transferred in accordance with rules.
| 1139 |
| (J) Applications for installation permits for animal feeding
| 1140 |
|
facilities pending before the director of environmental protection
| 1141 |
|
on the date on which the director of agriculture has finalized the
| 1142 |
|
programs required under division (A)(1) of section 903.02 and
| 1143 |
|
division (A)(1) of section 903.03 of the Revised Code shall be
| 1144 |
|
transferred to the director of agriculture. In the case of an
| 1145 |
|
applicant who is required to obtain a permit to install and a
| 1146 |
|
permit to operate under sections 903.02 and 903.03, respectively,
| 1147 |
|
of the Revised Code, the director of agriculture shall process the
| 1148 |
|
pending application for an installation permit as an application
| 1149 |
|
for a permit to install and a permit to operate.
| 1150 |
| Best management practices established in rules adopted under
| 1236 |
|
division (C) of this section shall not conflict with best
| 1237 |
|
management practices established in rules that have been adopted
| 1238 |
under any other section of the Revised Code and that are in effect
| 1239 |
on March 15, 2001. The rules adopted under division (C) of this
| 1240 |
|
section shall establish guidelines that require owners or
| 1241 |
|
operators of concentrated animal feeding facilities to consult
| 1242 |
|
with and work with local officials, including boards of county
| 1243 |
|
commissioners and boards of township trustees, in addressing
| 1244 |
|
issues related to local government infrastructure needs and the
| 1245 |
|
financing of that infrastructure.
| 1246 |
| (6) The amount of civil penalties for violation of an insect
| 1262 |
|
and rodent control plan assessed by the director of agriculture
| 1263 |
|
under division (B) of section 903.16 of the Revised Code, provided
| 1264 |
|
that the rules adopted under division (D)(6) of this section shall
| 1265 |
|
not establish a civil penalty of more than ten thousand dollars
| 1266 |
|
for a violation involving a concentrated animal feeding facility
| 1267 |
|
that is not a major concentrated animal feeding facility and shall
| 1268 |
|
not establish a civil penalty of more than twenty-five thousand
| 1269 |
|
dollars for a violation involving a major concentrated animal
| 1270 |
|
feeding facility;
| 1271 |
| (2) The content of the training required to be completed and
| 1282 |
|
of the examination required to be passed by an applicant for a
| 1283 |
|
livestock manager certification. The training shall include and
| 1284 |
|
the examination shall test the applicant's knowledge of
| 1285 |
|
information on topics that include calculating nutrient values in
| 1286 |
|
manure, devising and implementing a plan for the land application
| 1287 |
|
of manure, removing manure held in a manure storage or treatment
| 1288 |
|
facility, and following best management practices established in
| 1289 |
|
rules for disposal of dead animals and manure management,
| 1290 |
|
including practices that control odor and protect the environment.
| 1291 |
|
The director may specify other types of recognized training
| 1292 |
|
programs that, if completed, are considered to satisfy the
| 1293 |
|
training and examination requirement.
| 1294 |
| (4) Terms and conditions to be included in a permit,
| 1322 |
|
including, as applicable, best management practices; installation
| 1323 |
|
of discharge or water quality monitoring methods or equipment;
| 1324 |
|
creation and retention of records; submission of periodic reports;
| 1325 |
|
schedules of compliance; net volume, net weight, and, where
| 1326 |
|
necessary, concentration and mass loading limits of manure that
| 1327 |
|
may be discharged into waters of the state; and authorized
| 1328 |
|
duration and frequency of any discharges into waters of the state;
| 1329 |
| (G) Establish public notice and participation requirements,
| 1358 |
|
in addition to the procedures established in rules adopted under
| 1359 |
|
division (F)(7) of this section, for the issuance, denial,
| 1360 |
|
modification, transfer, suspension, and revocation of permits to
| 1361 |
|
install, permits to operate, and NPDES permits consistent with
| 1362 |
|
section 903.09 of the Revised Code, including a definition of what
| 1363 |
|
constitutes significant public interest for the purposes of
| 1364 |
|
divisions (A) and (F) of section 903.09 of the Revised Code and
| 1365 |
|
procedures for public meetings. The rules shall require that
| 1366 |
|
information that is presented at such a public meeting be limited
| 1367 |
|
to the criteria that are applicable to the permit application that
| 1368 |
|
is the subject of the public meeting.
| 1369 |
| (H) Establish the amount of civil penalties assessed by the
| 1370 |
|
director of agriculture under division (B) of section 903.16 of
| 1371 |
|
the Revised Code for violation of the terms and conditions of a
| 1372 |
|
permit to install, permit to operate, or review compliance
| 1373 |
|
certificate, provided that the rules adopted under this division
| 1374 |
|
shall not establish a civil penalty of more than ten thousand
| 1375 |
|
dollars per day for each violation;
| 1376 |
| (I) Establish procedures for the protection of trade secrets
| 1377 |
|
from public disclosure. The procedures shall authorize the release
| 1378 |
|
of trade secrets to officers, employees, or authorized
| 1379 |
|
representatives of the state, another state, or the United States
| 1380 |
|
when necessary for an enforcement action brought under this
| 1381 |
|
chapter or when otherwise required by the Federal Water Pollution
| 1382 |
|
Control Act. The rules shall require at least ten days' written
| 1383 |
|
notice to the person to whom a trade secret applies prior to the
| 1384 |
|
release of the trade secret. Rules adopted under this division do
| 1385 |
|
not apply to any information that is contained in applications,
| 1386 |
|
including attachments, for NPDES permits and that is required to
| 1387 |
|
be submitted under section 903.08 of the Revised Code or rules
| 1388 |
|
adopted under division (F) of this section.
| 1389 |
Sec. 903.15. (A) A person who is aggrieved or adversely
| 1392 |
affected by an alleged nuisance related to a concentrated animal
| 1393 |
feeding facility may submit a complaint to the director of
| 1394 |
agriculture
alleging that the nuisance existsregarding a
| 1395 |
|
concentrated animal feeding facility or the discharge of a
| 1396 |
|
pollutant from an animal feeding operation. The complaint may be
| 1397 |
|
made orally or in writing. If the complaint is made in writing, it
| 1398 |
|
shall be signed by the person making it and dated.
| 1399 |
| (B) After receiving a written, signed, and dated complaint,
| 1400 |
|
the director shall, or after receiving an oral complaint the
| 1401 |
|
director may, cause an investigation to be conducted to determine
| 1402 |
|
if the owner or operator of the concentrated animal feeding
| 1403 |
facility is complying with athis chapter, rules adopted under
| 1404 |
it, or any terms and conditions of any permit or review
| 1405 |
compliance certificateissued under it or to determine if a
| 1406 |
|
discharge of a pollutant is occurring or has occurred at the
| 1407 |
|
animal feeding operation.
| 1408 |
| (C)(1) If, upon completion of the investigation, the director
| 1409 |
determines that the owner or operator is in compliance with
a | 1410 |
| this chapter, rules adopted under it, or any terms and conditions
| 1411 |
of any permit or review compliance certificateissued under it or
| 1412 |
|
determines that a discharge of a pollutant is not occurring or has
| 1413 |
|
not occurred at the animal feeding operation, the director shall
| 1414 |
|
dismiss the complaint and notify the complainant and the owner or
| 1415 |
|
operator of the concentrated animal feeding facility or animal
| 1416 |
|
feeding operation, whichever is applicable, of the dismissal.
| 1417 |
| (2) If the director determines that the owner or operator is
| 1418 |
not in compliance with a permit or review compliance certificate | 1419 |
| this chapter, rules adopted under it, or any terms and conditions
| 1420 |
|
of any permit issued under it or determines that a discharge of a
| 1421 |
|
pollutant is occurring or has occurred at the animal feeding
| 1422 |
|
operation, the director shall proceed in accordance with section
| 1423 |
|
903.16 or 903.17 of the Revised Code, or both, as applicable.
| 1424 |
| Sec. 903.16. (A) The director of agriculture may propose to
| 1425 |
|
require corrective actions and assess a civil penalty against an
| 1426 |
|
owner or operator of a concentrated animal feeding facility if the
| 1427 |
|
director or the director's authorized representative determines
| 1428 |
|
that the owner or operator is not in compliance with section
| 1429 |
|
903.02, 903.03, or 903.04 or division (A) of section 903.07 of the
| 1430 |
|
Revised Code, the terms and conditions of a permit to install,
| 1431 |
|
permit to operate, or review compliance certificate issued for the
| 1432 |
|
concentrated animal feeding facility, including the requirements
| 1433 |
established under division (C) of section 903.06 or division (A)
| 1434 |
of section 903.07 of the Revised Code, or rules adopted under
| 1435 |
|
division (A), (B), (C), (D), (E), or (J) of section 903.10 of the
| 1436 |
|
Revised Code. However, the director may impose a civil penalty
| 1437 |
|
only if all of the following occur:
| 1438 |
| (1) A person who has violated section 903.02, 903.03, or
| 1463 |
|
903.04 of the Revised Code, the terms and conditions of a permit
| 1464 |
|
to install, permit to operate, or review compliance certificate,
| 1465 |
|
or rules adopted under division (A), (B), (C), (D), (E), or (J) of
| 1466 |
|
section 903.10 of the Revised Code shall pay a civil penalty in an
| 1467 |
|
amount established in rules unless the violation is of the
| 1468 |
|
requirements established under division (C) of section 903.06 or
| 1469 |
|
division (A) of section 903.07 of the Revised Code.
| 1470 |
| (C) The attorney general, upon the written request of the
| 1481 |
|
director, shall bring an action for an injunction in any court of
| 1482 |
|
competent jurisdiction against any person violating or threatening
| 1483 |
|
to violate section 903.02, 903.03, or 903.04 or division (A) of
| 1484 |
|
section 903.07 of the Revised Code; the terms and conditions of a
| 1485 |
|
permit to install, permit to operate, or review compliance
| 1486 |
|
certificate, including the requirements established under division
| 1487 |
(C) of section 903.06
or division (A) of section 903.07 of the
| 1488 |
|
Revised Code; rules adopted under division (A), (B), (C), (D),
| 1489 |
|
(E), or (J) of section 903.10 of the Revised Code; or an order
| 1490 |
|
issued under division (B) of this section or division (B) of
| 1491 |
|
section 903.07 of the Revised Code.
| 1492 |
| (D)(1) In lieu of seeking civil penalties under division (A)
| 1493 |
|
of this section, the director may request the attorney general, in
| 1494 |
|
writing, to bring an action for a civil penalty in a court of
| 1495 |
|
competent jurisdiction against any person that has violated or is
| 1496 |
|
violating division (A) of section 903.07 of the Revised Code or | 1497 |
|
the terms and conditions of a permit to install, permit to
| 1498 |
|
operate, or review compliance certificate, including the
| 1499 |
requirements established under division (C) of section 903.06 or
| 1500 |
division (A) of section 903.07 of the Revised Code.
| 1501 |
| (2) The director may request the attorney general, in
| 1502 |
|
writing, to bring an action for a civil penalty in a court of
| 1503 |
|
competent jurisdiction against any person that has violated or is
| 1504 |
|
violating section 903.02, 903.03, or 903.04 of the Revised Code,
| 1505 |
|
rules adopted under division (A), (B), (C), (D), (E), or (J) of
| 1506 |
|
section 903.10 of the Revised Code, or an order issued under
| 1507 |
|
division (B) of this section or division (B) of section 903.07 of
| 1508 |
|
the Revised Code.
| 1509 |
| (E) In addition to any other penalties imposed under this | 1515 |
|
section, the director may impose an administrative penalty against | 1516 |
|
an owner or operator of a concentrated animal feeding facility if | 1517 |
|
the director or the director's authorized representative | 1518 |
|
determines that the owner or operator is not in compliance with | 1519 |
|
best management practices that are established in rules adopted | 1520 |
|
under division (C) or (D) of section 903.10 of the Revised Code or | 1521 |
|
in the permit to install, permit to operate, or review compliance | 1522 |
|
certificate issued for the facility. The administrative penalty | 1523 |
|
shall not exceed five thousand dollars. | 1524 |
| The director shall afford the owner or operator an | 1525 |
|
opportunity for an adjudication hearing under Chapter 119. of the | 1526 |
|
Revised Code to challenge the director's determination under this | 1527 |
|
division, the director's imposition of an administrative penalty | 1528 |
|
under this division, or both. The director's determination and the | 1529 |
|
imposition of the administrative penalty may be appealed in | 1530 |
|
accordance with section 119.12 of the Revised Code. | 1531 |
| Sec. 903.17. (A) The director of agriculture may propose to
| 1532 |
|
require corrective actions and assess a civil penalty against an
| 1533 |
owner or operator of
a point sourcean animal feeding operation if
| 1534 |
|
the director or the director's authorized representative
| 1535 |
|
determines that the owner or operator is not in compliance with
| 1536 |
|
section 903.08 of the Revised Code, the terms and conditions of a
| 1537 |
|
NPDES permit, the NPDES provisions of a permit to operate, or
| 1538 |
|
rules adopted under division (F) of section 903.10 of the Revised
| 1539 |
|
Code. However, the director may impose a civil penalty only if
| 1540 |
|
all of the following occur:
| 1541 |
| (B) If the opportunity for an adjudication hearing is waived
| 1559 |
|
or if, after an adjudication hearing, the director determines that
| 1560 |
|
a violation has occurred or is occurring, the director may issue
| 1561 |
|
an order and assess a civil penalty of not more than ten thousand
| 1562 |
|
dollars per violation against the violator. For purposes of
| 1563 |
|
determining the civil penalty, each day that a violation continues
| 1564 |
|
constitutes a separate and distinct violation. The order and the
| 1565 |
|
assessment of the civil penalty may be appealed in accordance with
| 1566 |
|
section 119.12 of the Revised Code.
| 1567 |
| (D)(1) The attorney general, upon the written request of the
| 1571 |
|
director, shall bring an action for an injunction in any court of
| 1572 |
|
competent jurisdiction against any person violating or threatening
| 1573 |
|
to violate section 903.08 of the Revised Code, the terms and
| 1574 |
|
conditions of a NPDES permit, the NPDES provisions of a permit to
| 1575 |
|
operate, rules adopted under division (F) of section 903.10 of the
| 1576 |
|
Revised Code, or an order issued under division (B) of this
| 1577 |
|
section.
| 1578 |
| (2) In lieu of seeking civil penalties under division (A) of
| 1579 |
|
this section, the director may request, in writing, the attorney
| 1580 |
|
general to bring an action for a civil penalty of not more than
| 1581 |
|
ten thousand dollars per violation in a court of competent
| 1582 |
|
jurisdiction against any person that has violated or is violating
| 1583 |
|
section 903.08 of the Revised Code, the terms and conditions of a
| 1584 |
|
NPDES permit, the NPDES provisions of a permit to operate, rules
| 1585 |
|
adopted under division (F) of section 903.10 of the Revised Code,
| 1586 |
|
or an order issued under division (B) of this section. For
| 1587 |
|
purposes of determining the civil penalty to be assessed under
| 1588 |
|
division (B) of this section, each day that a violation continues
| 1589 |
|
constitutes a separate and distinct violation.
| 1590 |
| (E) In addition to any other penalties imposed under this | 1591 |
|
section, the director may impose an administrative penalty against | 1592 |
|
an owner or operator of an animal feeding operation if the | 1593 |
|
director or the director's authorized representative determines | 1594 |
|
that the owner or operator has discharged pollutants into waters | 1595 |
|
of the state in violation of section 903.08 of the Revised Code or | 1596 |
|
the terms and conditions of a NPDES permit or the NPDES provisions | 1597 |
|
of the permit to operate issued for the operation. The | 1598 |
|
administrative penalty shall not exceed five thousand dollars. | 1599 |
| The director shall afford the owner or operator an | 1600 |
|
opportunity for an adjudication hearing under Chapter 119. of the | 1601 |
|
Revised Code to challenge the director's determination under this | 1602 |
|
division, the director's imposition of an administrative penalty | 1603 |
|
under this division, or both. The director's determination and the | 1604 |
|
imposition of the administrative penalty may be appealed in | 1605 |
|
accordance with section 119.12 of the Revised Code. | 1606 |
| (B) Advise, consult, and cooperate with other agencies of the
| 1612 |
|
state, the federal government, other states, and interstate
| 1613 |
|
agencies and with affected groups, political subdivisions, and
| 1614 |
|
industries in furtherance of the purposes of this chapter. Before
| 1615 |
|
adopting, amending, or rescinding a standard or rule pursuant to
| 1616 |
|
division (G) of this section or section 6111.041 or 6111.042 of
| 1617 |
|
the Revised Code, the director shall do all of the following:
| 1618 |
| (E) Encourage, participate in, or conduct studies,
| 1642 |
|
investigations, research, and demonstrations relating to water
| 1643 |
|
pollution, and the causes, prevention, control, and abatement
| 1644 |
|
thereof, that are advisable and necessary for the discharge of the
| 1645 |
|
director's duties under this chapter;
| 1646 |
| In the making of those orders, wherever compliance with a
| 1668 |
|
rule adopted under section 6111.042 of the Revised Code is not
| 1669 |
|
involved, consistent with the Federal Water Pollution Control Act,
| 1670 |
|
the director shall give consideration to, and base the
| 1671 |
|
determination on, evidence relating to the technical feasibility
| 1672 |
|
and economic reasonableness of complying with those orders and to
| 1673 |
|
evidence relating to conditions calculated to result from
| 1674 |
|
compliance with those orders, and their relation to benefits to
| 1675 |
|
the people of the state to be derived from such compliance in
| 1676 |
|
accomplishing the purposes of this chapter.
| 1677 |
| (J)(1) Issue, revoke, modify, or deny sludge management
| 1682 |
|
permits and permits for the discharge of sewage, industrial waste,
| 1683 |
|
or other wastes into the waters of the state, and for the
| 1684 |
|
installation or modification of disposal systems or any parts
| 1685 |
|
thereof in compliance with all requirements of the Federal Water
| 1686 |
|
Pollution Control Act and mandatory regulations adopted
| 1687 |
|
thereunder, including regulations adopted under section 405 of the
| 1688 |
|
Federal Water Pollution Control Act, and set terms and conditions
| 1689 |
|
of permits, including schedules of compliance, where necessary.
| 1690 |
|
Any person who discharges, transports, or handles storm water from
| 1691 |
|
an animal feeding facility, as defined in section 903.01 of the
| 1692 |
Revised Code, or manurepollutants from a concentrated animal
| 1693 |
|
feeding operation, as both terms are defined in that section, is
| 1694 |
|
not required to obtain a permit under division (J)(1) of this
| 1695 |
|
section for the installation or modification of a disposal system
| 1696 |
involving manurepollutants or storm water or any parts of such a
| 1697 |
|
system on and after the date on which the director of agriculture
| 1698 |
|
has finalized the program required under division (A)(1) of
| 1699 |
|
section 903.02 of the Revised Code. In addition, any person who
| 1700 |
|
discharges, transports, or handles storm water from an animal
| 1701 |
feeding facility, as defined in section 903.01 of the revised code | 1702 |
Revised Code, or manurepollutants from a concentrated animal
| 1703 |
|
feeding operation, as both terms are defined in that section, is
| 1704 |
|
not required to obtain a permit under division (J)(1) of this
| 1705 |
|
section for the discharge of storm water from an animal feeding
| 1706 |
facility or manurepollutants from a concentrated animal feeding
| 1707 |
|
operation on and after the date on which the United States
| 1708 |
|
environmental protection agency approves the NPDES program
| 1709 |
|
submitted by the director of agriculture under section 903.08 of
| 1710 |
|
the Revised Code.
| 1711 |
| Any permit terms and conditions set by the director shall be
| 1712 |
|
designed to achieve and maintain full compliance with the national
| 1713 |
|
effluent limitations, national standards of performance for new
| 1714 |
|
sources, and national toxic and pretreatment effluent standards
| 1715 |
|
set under that act, and any other mandatory requirements of that
| 1716 |
|
act that are imposed by regulation of the administrator of the
| 1717 |
|
United States environmental protection agency. If an applicant for
| 1718 |
|
a sludge management permit also applies for a related permit for
| 1719 |
|
the discharge of sewage, industrial waste, or other wastes into
| 1720 |
|
the waters of the state, the director may combine the two permits
| 1721 |
|
and issue one permit to the applicant.
| 1722 |
| (3) To achieve and maintain applicable standards of quality
| 1756 |
|
for the waters of the state adopted pursuant to section 6111.041
| 1757 |
|
of the Revised Code, the director shall impose, where necessary
| 1758 |
|
and appropriate, as conditions of each permit, water quality
| 1759 |
|
related effluent limitations in accordance with sections 301, 302,
| 1760 |
|
306, 307, and 405 of the Federal Water Pollution Control Act and,
| 1761 |
|
to the extent consistent with that act, shall give consideration
| 1762 |
|
to, and base the determination on, evidence relating to the
| 1763 |
|
technical feasibility and economic reasonableness of removing the
| 1764 |
|
polluting properties from those wastes and to evidence relating to
| 1765 |
|
conditions calculated to result from that action and their
| 1766 |
|
relation to benefits to the people of the state and to
| 1767 |
|
accomplishment of the purposes of this chapter.
| 1768 |
| (4) Where a discharge having a thermal component from a
| 1769 |
|
source that is constructed or modified on or after October 18,
| 1770 |
|
1972, meets national or state effluent limitations or more
| 1771 |
|
stringent permit conditions designed to achieve and maintain
| 1772 |
|
compliance with applicable standards of quality for the waters of
| 1773 |
|
the state, which limitations or conditions will ensure protection
| 1774 |
|
and propagation of a balanced, indigenous population of shellfish,
| 1775 |
|
fish, and wildlife in or on the body of water into which the
| 1776 |
|
discharge is made, taking into account the interaction of the
| 1777 |
|
thermal component with sewage, industrial waste, or other wastes,
| 1778 |
|
the director shall not impose any more stringent limitation on the
| 1779 |
|
thermal component of the discharge, as a condition of a permit or
| 1780 |
|
renewal thereof for the discharge, during a ten-year period
| 1781 |
|
beginning on the date of completion of the construction or
| 1782 |
|
modification of the source, or during the period of depreciation
| 1783 |
|
or amortization of the source for the purpose of section 167 or
| 1784 |
|
169 of the Internal Revenue Code of 1954, whichever period ends
| 1785 |
|
first.
| 1786 |
| (5) The director shall specify in permits for the discharge
| 1787 |
|
of sewage, industrial waste, and other wastes, the net volume, net
| 1788 |
|
weight, duration, frequency, and, where necessary, concentration
| 1789 |
|
of the sewage, industrial waste, and other wastes that may be
| 1790 |
|
discharged into the waters of the state. The director shall
| 1791 |
|
specify in those permits and in sludge management permits that the
| 1792 |
|
permit is conditioned upon payment of applicable fees as required
| 1793 |
|
by section 3745.11 of the Revised Code and upon the right of the
| 1794 |
|
director's authorized representatives to enter upon the premises
| 1795 |
|
of the person to whom the permit has been issued for the purpose
| 1796 |
|
of determining compliance with this chapter, rules adopted
| 1797 |
|
thereunder, or the terms and conditions of a permit, order, or
| 1798 |
|
other determination. The director shall issue or deny an
| 1799 |
|
application for a sludge management permit or a permit for a new
| 1800 |
|
discharge, for the installation or modification of a disposal
| 1801 |
|
system, or for the renewal of a permit, within one hundred eighty
| 1802 |
|
days of the date on which a complete application with all plans,
| 1803 |
|
specifications, construction schedules, and other pertinent
| 1804 |
|
information required by the director is received.
| 1805 |
| (6) The director may condition permits upon the installation
| 1806 |
|
of discharge or water quality monitoring equipment or devices and
| 1807 |
|
the filing of periodic reports on the amounts and contents of
| 1808 |
|
discharges and the quality of receiving waters that the director
| 1809 |
|
prescribes. The director shall condition each permit for a
| 1810 |
|
government-owned disposal system or any other "treatment works" as
| 1811 |
|
defined in the Federal Water Pollution Control Act upon the
| 1812 |
|
reporting of new introductions of industrial waste or other wastes
| 1813 |
|
and substantial changes in volume or character thereof being
| 1814 |
|
introduced into those systems or works from "industrial users" as
| 1815 |
|
defined in section 502 of that act, as necessary to comply with
| 1816 |
|
section 402(b)(8) of that act; upon the identification of the
| 1817 |
|
character and volume of pollutants subject to pretreatment
| 1818 |
|
standards being introduced into the system or works; and upon the
| 1819 |
|
existence of a program to ensure compliance with pretreatment
| 1820 |
|
standards by "industrial users" of the system or works. In
| 1821 |
|
requiring monitoring devices and reports, the director, to the
| 1822 |
|
extent consistent with the Federal Water Pollution Control Act,
| 1823 |
|
shall give consideration to technical feasibility and economic
| 1824 |
|
reasonableness and shall allow reasonable time for compliance.
| 1825 |
| (7) A permit may be issued for a period not to exceed five
| 1826 |
|
years and may be renewed upon application for renewal and upon a
| 1827 |
|
finding by the director that the permit holder is making
| 1828 |
|
satisfactory progress toward the achievement of all applicable
| 1829 |
|
standards and has complied with the terms and conditions of the
| 1830 |
|
existing permit. A permit may be modified, suspended, or revoked
| 1831 |
|
for cause, including, but not limited to, violation of any
| 1832 |
|
condition of the permit, obtaining a permit by misrepresentation
| 1833 |
|
or failure to disclose fully all relevant facts of the permitted
| 1834 |
|
discharge or of the sludge use, storage, treatment, or disposal
| 1835 |
|
practice, or changes in any condition that requires either a
| 1836 |
|
temporary or permanent reduction or elimination of the permitted
| 1837 |
|
activity. No application shall be denied or permit revoked or
| 1838 |
|
modified without a written order stating the findings upon which
| 1839 |
|
the denial, revocation, or modification is based. A copy of the
| 1840 |
|
order shall be sent to the applicant or permit holder by certified
| 1841 |
|
mail.
| 1842 |
| (N) Issue, modify, and revoke orders requiring any
| 1856 |
|
"industrial user" of any publicly owned "treatment works" as
| 1857 |
|
defined in sections 212(2) and 502(18) of the Federal Water
| 1858 |
|
Pollution Control Act to comply with pretreatment standards;
| 1859 |
|
establish and maintain records; make reports; install, use, and
| 1860 |
|
maintain monitoring equipment or methods, including, where
| 1861 |
|
appropriate, biological monitoring methods; sample discharges in
| 1862 |
|
accordance with methods, at locations, at intervals, and in a
| 1863 |
|
manner that the director determines; and provide other information
| 1864 |
|
that is necessary to ascertain whether or not there is compliance
| 1865 |
|
with toxic and pretreatment effluent standards. In issuing,
| 1866 |
|
modifying, and revoking those orders, the director, to the extent
| 1867 |
|
consistent with the Federal Water Pollution Control Act, shall
| 1868 |
|
give consideration to technical feasibility and economic
| 1869 |
|
reasonableness and shall allow reasonable time for compliance.
| 1870 |
| (R) Except as otherwise provided in this division, adopt
| 1915 |
|
rules in accordance with Chapter 119. of the Revised Code
| 1916 |
|
establishing procedures, methods, and equipment and other
| 1917 |
|
requirements for equipment to prevent and contain discharges of
| 1918 |
|
oil and hazardous substances into the waters of the state. The
| 1919 |
|
rules shall be consistent with and equivalent in scope, content,
| 1920 |
|
and coverage to section 311(j)(1)(c) of the Federal Water
| 1921 |
|
Pollution Control Act and regulations adopted under it. The
| 1922 |
|
director shall not adopt rules under this division relating to
| 1923 |
|
discharges of oil from oil production facilities and oil drilling
| 1924 |
|
and workover facilities as those terms are defined in that act and
| 1925 |
|
regulations adopted under it.
| 1926 |
| The director may specify in sludge management permits the net
| 1952 |
|
volume, net weight, quality, and pollutant concentration of the
| 1953 |
|
sludge or sludge materials that may be used, stored, treated, or
| 1954 |
|
disposed of, and the manner and frequency of the use, storage,
| 1955 |
|
treatment, or disposal, to protect public health and the
| 1956 |
|
environment from adverse effects relating to those activities. The
| 1957 |
|
director shall impose other terms and conditions to protect public
| 1958 |
|
health and the environment, minimize the creation of nuisance
| 1959 |
|
odors, and achieve compliance with this chapter and rules adopted
| 1960 |
|
under it and, in doing so, shall consider whether the terms and
| 1961 |
|
conditions are consistent with the goal of encouraging the
| 1962 |
|
beneficial reuse of sludge and sludge materials.
| 1963 |
| The director may condition permits on the implementation of
| 1964 |
|
treatment, storage, disposal, distribution, or application
| 1965 |
|
management methods and the filing of periodic reports on the
| 1966 |
|
amounts, composition, and quality of sludge and sludge materials
| 1967 |
|
that are disposed of, used, treated, or stored.
| 1968 |
| (2) As a part of the program established under division
| 1973 |
|
(S)(1) of this section, the director has exclusive authority to
| 1974 |
|
regulate sewage sludge management in this state. For purposes of
| 1975 |
|
division (S)(2) of this section, that program shall be consistent
| 1976 |
|
with section 405 of the Federal Water Pollution Control Act and
| 1977 |
|
regulations adopted under it and with this section, except that
| 1978 |
|
the director may adopt rules under division (S) of this section
| 1979 |
|
that establish requirements that are more stringent than section
| 1980 |
|
405 of the Federal Water Pollution Control Act and regulations
| 1981 |
|
adopted under it with regard to monitoring sewage sludge and
| 1982 |
|
sewage sludge materials and establishing acceptable sewage sludge
| 1983 |
|
management practices and pollutant levels in sewage sludge and
| 1984 |
|
sewage sludge materials.
| 1985 |
| This chapter authorizes the state to participate in any
| 1986 |
|
national sludge management program and the national pollutant
| 1987 |
|
discharge elimination system, to administer and enforce the
| 1988 |
|
publicly owned treatment works pretreatment program, and to issue
| 1989 |
|
permits for the discharge of dredged or fill materials, in
| 1990 |
|
accordance with the Federal Water Pollution Control Act. This
| 1991 |
|
chapter shall be administered, consistent with the laws of this
| 1992 |
|
state and federal law, in the same manner that the Federal Water
| 1993 |
|
Pollution Control Act is required to be administered.
| 1994 |
| This section does not apply to animal waste disposal systems
| 1995 |
|
and related management and conservation practices subject to rules
| 1996 |
|
adopted pursuant to division (E)(4) of section 1511.02 of the
| 1997 |
|
Revised Code. However, until the date on which the United States
| 1998 |
|
environmental protection agency approves the NPDES program
| 1999 |
|
submitted by the director of agriculture under section 903.08 of
| 2000 |
|
the Revised Code, this exclusion does not apply to animal waste
| 2001 |
|
treatment works having a controlled direct discharge to the waters
| 2002 |
|
of the state or any concentrated animal feeding operation, as
| 2003 |
|
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which
| 2004 |
|
the United States environmental protection agency approves the
| 2005 |
|
NPDES program submitted by the director of agriculture under
| 2006 |
|
section 903.08 of the Revised Code, this section does not apply to
| 2007 |
|
storm water from an animal feeding facility, as defined in section
| 2008 |
903.01 of the Revised Code, or to manurepollutants discharged
| 2009 |
|
from a concentrated animal feeding operation, as both terms are | 2010 |
|
defined in that section. Neither of these exclusions applies to
| 2011 |
|
the discharge of animal waste into a publicly owned treatment
| 2012 |
|
works.
| 2013 |
| Section 2. That existing sections 903.01, 903.02, 903.03,
| 2014 |
|
903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09,
| 2015 |
|
903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code
| 2016 |
|
are hereby repealed.
| 2017 |
| Section 3. The amendments by this act of divisions (C)(1) and | 2018 |
|
(H) of section 903.02; divisions (A), (C)(1), and (I) of section | 2019 |
|
903.03; divisions (D) and (E)(2)(a) of section 903.04; sections | 2020 |
|
903.05, 903.06, and 903.07; divisions (A)(2) to (14) and (E) of | 2021 |
|
section 903.10; section 903.16; and division (E) of section 903.17 | 2022 |
|
of the Revised Code become operative on the date on which the | 2023 |
|
Administrator of the United States Environmental Protection Agency | 2024 |
|
approves the National Pollutant Discharge Elimination System | 2025 |
|
program submitted by the Director of Agriculture under section | 2026 |
|
903.08 of the Revised Code as amended by this act. | 2027 |
| Sec. 120.01. During the period beginning July 1, 2007, and | 2037 |
expiring JanuaryJuly 1, 2010, the operation of sections 3718.02, | 2038 |
|
3718.05, 3718.06, 3718.07, 3718.08, 3718.09, 3718.10, 3718.99, and | 2039 |
6111.441 of the Revised Code is suspended. On
JanuaryJuly 1, | 2040 |
|
2010, sections 3718.02, 3718.05, 3718.06, 3718.07, 3718.08, | 2041 |
|
3718.09, 3718.10, 3718.99, and 6111.441 of the Revised Code, in | 2042 |
either their present form or as they are
later amended by this | 2043 |
|
act or any other act, again become operational. | 2044 |
| Sec. 120.02. (A)(1) Effective July 2, 2007, the rules adopted | 2045 |
|
by the Public Health Council under section 3718.02 of the Revised | 2046 |
|
Code that took effect on January 1, 2007, are not valid. Not later | 2047 |
|
than July 2, 2007, the Director of Health shall adopt rules that | 2048 |
|
are identical to the rules adopted by the Public Health Council | 2049 |
|
that were in effect prior to January 1, 2007, and were codified in | 2050 |
|
Chapter 3701-29 of the Administrative Code, except the rules in | 2051 |
|
that chapter that established requirements for separation | 2052 |
|
distances from a water table and soil absorption requirements. | 2053 |
| (2) Not later than thirty days after the effective date of | 2063 |
|
this section as enacted by Am. Sub. H.B. 119 of the 127th General | 2064 |
|
Assembly and notwithstanding any provision of law to the contrary, | 2065 |
|
the Public Health Council shall rescind rules adopted by the | 2066 |
|
Council under section 3718.02 of the Revised Code, that took | 2067 |
|
effect on January 1, 2007. At the same time as those rules are | 2068 |
|
rescinded, the Council shall adopt rules that are identical to the | 2069 |
|
rules adopted by the Council that were in effect prior to January | 2070 |
|
1, 2007, and were codified in Chapter 3701-29 of the | 2071 |
|
Administrative Code, except the rules in that Chapter that | 2072 |
|
established requirements for separation distances from a water | 2073 |
|
table and soil absorption requirements. Instead, a board of health | 2074 |
|
or the authority having the duties of a board of health shall | 2075 |
|
adopt standards establishing requirements for separation distances | 2076 |
|
from a water table and soil absorption requirements based on the | 2077 |
|
water table and soils in the applicable health district for | 2078 |
|
purposes of the installation and operation of household sewage | 2079 |
|
treatment systems and small flow on-site sewage treatment systems | 2080 |
|
in the applicable health district. | 2081 |
| (B) A local board of health or the authority having the | 2087 |
|
duties of a board of health may adopt standards for use in the | 2088 |
|
health district that are more stringent than the rules adopted | 2089 |
|
under division (A)(1) or (2) of this section, provided that the | 2090 |
|
board of health or authority having the duties of a board of | 2091 |
|
health in adopting such standards considers the economic impact of | 2092 |
|
those standards on property owners, the state of available | 2093 |
|
technology, and the nature and economics of the available | 2094 |
|
alternatives. If a board of health or authority having the duties | 2095 |
|
of a board of health adopts standards that are more stringent than | 2096 |
|
the rules adopted under division (A)(1) or (2) of this section, | 2097 |
|
the board or authority shall send a copy of the standards to the | 2098 |
|
Department of Health. | 2099 |
| (C)(1) A board of health or the authority having the duties | 2100 |
|
of a board of health shall approve or deny the use of household | 2101 |
|
sewage treatment systems and small flow on-site sewage treatment | 2102 |
|
systems in the applicable health district. In approving or denying | 2103 |
|
a household sewage treatment system or a small flow on-site sewage | 2104 |
|
treatment system for use in the health district, the board or | 2105 |
|
authority shall consider the economic impact of the system on | 2106 |
|
property owners, the state of available technology, and the nature | 2107 |
|
and economics of the available alternatives, ensure that a system | 2108 |
|
will not create a public health nuisance, and require a system to | 2109 |
|
comply with the requirements established in divisions (C)(2) and | 2110 |
|
(3) of this section. | 2111 |
| (2) Notwithstanding any rule adopted by the Director of | 2112 |
|
Health or the Public Health Council or standard adopted by a board | 2113 |
|
of health or the authority having the duties of a board of health | 2114 |
|
governing the installation and operation of sewage treatment | 2115 |
|
systems, a board of health or the authority having the duties of a | 2116 |
|
board of health shall ensure that the design and installation of a | 2117 |
|
soil absorption system prevents public health nuisances. To the | 2118 |
|
extent determined necessary by a board of health or the authority | 2119 |
|
having the duties of a board of health, a sewage treatment system | 2120 |
|
that is installed after the effective date of this section as | 2121 |
|
enacted by Am. Sub. H.B. 119 of the 127th General Assembly shall | 2122 |
|
not discharge to a ditch, stream, pond, lake, natural or | 2123 |
|
artificial waterway, drain tile, other surface water, or the | 2124 |
|
surface of the ground unless authorized by a national pollutant | 2125 |
|
discharge elimination system (NPDES) permit issued under Chapter | 2126 |
|
6111. of the Revised Code and rules adopted under it. In addition, | 2127 |
|
a sewage treatment system shall not discharge to an abandoned | 2128 |
|
well, a drainage well, a dry well or cesspool, a sinkhole, or | 2129 |
|
another connection to ground water. As a condition to the issuance | 2130 |
|
of a permit to operate a system, a board of health or the | 2131 |
|
authority having the duties of a board of health shall require a | 2132 |
|
service contract for any sewage treatment system that is subject | 2133 |
|
to an NPDES permit to the extent required by the Environmental | 2134 |
|
Protection Agency. If classified as a class V injection well, a | 2135 |
|
household sewage treatment system serving a two- or three-family | 2136 |
|
dwelling or a small flow on-site sewage treatment system shall | 2137 |
|
comply with 40 C.F.R. 144, as published in the July 1, 2005, Code | 2138 |
|
of Federal Regulations and with the registration requirements | 2139 |
|
established in rule 3745-34-13 of the Administrative Code. | 2140 |
| (3) Notwithstanding any rule adopted by the Director of | 2141 |
|
Health or the Public Health Council or standard adopted by a board | 2142 |
|
of health or the authority having the duties of a board of health | 2143 |
|
governing the installation and operation of household sewage | 2144 |
|
treatment systems, all septic tanks, other disposal component | 2145 |
|
tanks, dosing tanks, pump vaults, household sewage disposal system | 2146 |
|
holding tanks and privy vaults, or other applicable sewage | 2147 |
|
disposal system components manufactured after the effective date | 2148 |
|
of this section as enacted by Am. Sub. H.B. 119 of the 127th | 2149 |
|
General Assembly and used in this state shall be watertight and | 2150 |
|
structurally sound. | 2151 |
| (2) In addition to the fees that are authorized to be | 2169 |
|
established under division (D)(1) of this section, there is hereby | 2170 |
|
levied an application fee of twenty-five dollars for a sewage | 2171 |
|
treatment system installation permit. A board of health or the | 2172 |
|
authority having the duties of a board of health shall collect the | 2173 |
|
fee on behalf of the Department of Health and forward the fee to | 2174 |
|
the Department to be deposited in the state treasury to the credit | 2175 |
|
of the Sewage Treatment System Innovation Fund, which is hereby | 2176 |
|
created. Not more than seventy-five per cent of the money in the | 2177 |
|
Fund shall be used by the Department to administer the sewage | 2178 |
|
treatment system program, and not less than twenty-five per cent | 2179 |
|
of the money in the Fund shall be used to establish a grant | 2180 |
|
program in cooperation with boards of health to fund the | 2181 |
|
installation and evaluation of new technology pilot projects. In | 2182 |
|
the selection of the pilot projects, the Director of Health shall | 2183 |
|
consult with the Sewage Treatment System Technical Advisory | 2184 |
|
Committee created in section 3718.03 of the Revised Code. | 2185 |
| (G) The Environmental Protection Agency shall not require a | 2197 |
|
board of health or the authority having the duties of a board of | 2198 |
|
health to enter into a memorandum of understanding or any other | 2199 |
|
agreement with the Agency regarding the issuance of NPDES permits | 2200 |
|
for off-lot sewage treatment systems. Instead, a representative of | 2201 |
|
a board of health or the authority having the duties of a board of | 2202 |
|
health may meet with a person who intends to install such a system | 2203 |
|
to determine the feasibility of the system and refer the person to | 2204 |
|
the Agency to secure an NPDES permit for the system if needed. The | 2205 |
|
Environmental Protection Agency, within ninety days or as quickly | 2206 |
|
as possible after the effective date of this section as enacted by | 2207 |
|
Am. Sub. H.B. 119 of the 127th General Assembly, shall seek a | 2208 |
|
revision to the general NPDES permit, issued pursuant to the | 2209 |
|
federal Water Pollution Control Act as defined in section 6111.01 | 2210 |
|
of the Revised Code, in order not to require a memorandum of | 2211 |
|
understanding with a board of health or the authority having the | 2212 |
|
duties of a board of health and that allows a property owner to | 2213 |
|
seek coverage under the general NPDES permit for purposes of this | 2214 |
|
division. A board of health or the authority having the duties of | 2215 |
|
a board of health voluntarily may enter into a memorandum of | 2216 |
|
understanding with the Environmental Protection Agency to | 2217 |
|
implement the general NPDES permit. In the interim, the Agency | 2218 |
|
shall work with boards of health or authorities having the duties | 2219 |
|
of boards of health and with property owners in order to | 2220 |
|
facilitate the owners' securing an NPDES permit in counties | 2221 |
|
without a memorandum of understanding. | 2222 |
| (H) Notwithstanding any rule adopted by the Director of | 2223 |
|
Health or the Public Health Council governing the installation and | 2224 |
|
operation of household sewage treatment systems, a board of health | 2225 |
|
or the authority having the duties of a board of health that, | 2226 |
|
prior to the effective date of this section, has obtained | 2227 |
|
authority from the Department of Health and the Environmental | 2228 |
|
Protection Agency to regulate small flow on-site sewage treatment | 2229 |
|
systems may continue to regulate such systems on and after the | 2230 |
|
effective date of this section as enacted by Am. Sub. H.B. 119 of | 2231 |
|
the 127th General Assembly. A board of health or the authority | 2232 |
|
having the duties of a board of health that has not obtained such | 2233 |
|
authority may request the authority from the Department of Health | 2234 |
|
and the Environmental Protection Agency in the manner provided by | 2235 |
|
law. | 2236 |
| (I) Because the rules adopted by the Public Health Council | 2237 |
|
under section 3718.02 of the Revised Code that were effective on | 2238 |
|
January 1, 2007, have been rescinded by operation of this section, | 2239 |
|
the references to those rules in section 3718.021 of the Revised | 2240 |
|
Code are not operable. Instead, notwithstanding any other | 2241 |
|
provisions of this section, the Director of Health or the Public | 2242 |
|
Health Council, as applicable, shall provide for the | 2243 |
|
implementation of section 3718.021 of the Revised Code in the | 2244 |
|
rules that are required to be adopted under division (A) of this | 2245 |
|
section. | 2246 |
| (J) The Department of Health in cooperation with a board of | 2247 |
|
health or the authority having the duties of a board of health | 2248 |
|
shall assess the familiarity of the board's or authority's staff | 2249 |
|
with the best practices in the use of sewage treatment systems and | 2250 |
|
conduct appropriate training to educate the board's or authority's | 2251 |
|
staff in those best practices and in the use of any new sewage | 2252 |
|
treatment system technology that is recommended for use by the | 2253 |
|
Sewage Treatment System Technical Advisory Committee created in | 2254 |
|
section 3718.03 of the Revised Code. | 2255 |
| Section 8. This act is hereby declared to be an emergency
| 2287 |
|
measure necessary for the immediate preservation of the public
| 2288 |
|
peace, health, and safety. The reason for such necessity is to
| 2289 |
|
expedite the process of receiving approval from the Administrator
| 2290 |
|
of the United States Environmental Protection Agency for the
| 2291 |
|
Director of Agriculture to administer certain national pollutant
| 2292 |
|
discharge elimination system permits and to provide for the | 2293 |
|
extension of temporary provisions governing sewage treatment | 2294 |
|
systems to provide time for the General Assembly to craft new | 2295 |
|
requirements pertaining to those systems. Therefore, this act | 2296 |
|
shall go
into immediate effect. | 2297 |