S. B. No. 150 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 150

Senators Hite, Peterson

A BILL

To amend sections 903.25, 905.31, 905.32, 905.34,

905.36, 905.39, 905.41, 905.45, 905.46, 905.47,

905.48, 905.49, 905.50, 905.99, 907.111, 921.06,

921.11, 921.16, 941.14, 953.22, 1511.01, 1511.02,

1511.021, 1511.022, 1511.07, 1511.071, 1515.01,

1515.02, 1515.08, 3717.53, 3734.02, and 3734.029;

to amend for the purpose of adopting new section

numbers as indicated in parentheses sections

905.501 (905.503), 1511.021 (1511.022), and

1511.022 (1511.024); and to enact new sections

905.501 and 1511.021 and sections 905.321,

905.322, 905.502, and 1511.023 of the Revised Code

to revise the law governing the abatement of

agricultural pollution, to require a person that

applies fertilizer for the purposes of

agricultural production to be certified to do so

by the Director of Agriculture, to provide for an

agricultural pesticide-use category on commercial

and private pesticide applicator licenses, and to

make other changes to the Agricultural Additives,

Lime, and Fertilizer Law.

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

Section 1. That sections 903.25, 905.31, 905.32, 905.34,	22
905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48, 905.49,	23
905.50, 905.99, 907.111, 921.06, 921.11, 921.16, 941.14, 953.22,	24
1511.01, 1511.02, 1511.021, 1511.022, 1511.07, 1511.071, 1515.01,	25
1515.02, 1515.08, 3717.53, 3734.02, and 3734.029 be amended,	26
sections 905.501 (905.503), 1511.021 (1511.022), and 1511.022	27
(1511.024) be amended for the purpose of adopting new section	28
numbers as indicated in parentheses, and new sections 905.501 and	29
1511.021 and sections 905.321, 905.322, 905.502, and 1511.023 of	30
the Revised Code be enacted to read as follows:	31

Sec. 903.25. An owner or operator of an animal feeding	32
facility who holds a permit to install, a permit to operate, a	33
review compliance certificate, or a NPDES permit or who is	34
operating under an operation and management plan, as defined in	35
section 1511.01 of the Revised Code, ~~approved by the chief of the~~	36
~~division of soil and water resources in the department of natural~~	37
~~resources under section 1511.02 of the Revised Code or by the~~	38
~~supervisors of the appropriate soil and water conservation~~	39
~~district under section 1515.08 of the Revised Code~~ shall not be	40
required by any political subdivision of the state or any officer,	41
employee, agency, board, commission, department, or other	42
instrumentality of a political subdivision to obtain a license,	43
permit, or other approval pertaining to manure, insects or	44
rodents, odor, or siting requirements for installation of an	45
animal feeding facility.	46

Sec. 905.31. As used in sections 905.31 to ~~905.501~~905.503	47
of the Revised Code:	48

(A) "Applicant" means the person who applies for the license	49
or requests registration of a fertilizer.	50

(B) "Brand name" means a name or expression, design, or	51
trademark used in connection with one or several grades of any	52
type of fertilizer.	53

(C) "Bulk fertilizer" means any type of fertilizer in solid,	54
liquid, or gaseous state, or any combination thereof, in a	55
nonpackaged form.	56

(D) "Distribute" means to offer for sale, sell, barter, or	57
otherwise supply fertilizer for other than manufacturing purposes.	58

(E) "Fertilizer" means any substance containing nitrogen,	59
phosphorus, or potassium or any recognized plant nutrient element	60
or compound that is used for its plant nutrient content or for	61
compounding mixed fertilizers. Lime, limestone, marl, unground	62
bone, water, and unmanipulated animal and vegetable manures are	63
excepted unless mixed with fertilizer materials.	64

(F) "Grade" means the percentages of total nitrogen,	65
available phosphorus or available phosphate (P2O5), and soluble	66
potassium or soluble potash (K2O) stated in the same terms, order,	67
and percentage as in guaranteed analysis.	68

(G) "Guaranteed analysis" means:

(1) The minimum percentages of plant nutrients claimed in the	70
following order and form:	71

Total Nitrogen (N)	per cent	72
Available phosphate (P2O5)	per cent	73
Soluble Potash (K2O)	per cent	74

(2) Guaranteed analysis includes, in the following order:

(a) For bone and tankage, total phosphorus (P) or phosphate	76
(P2O5);	77

(b) For basic slag and unacidulated phosphatic materials,	78
available and total phosphorus (P) or phosphate (P2O5) and the	79
degree of fineness;	80

(c) Additional plant nutrients guaranteed expressed as	81
percentage of elements in the order and form as prescribed by	82
rules adopted by the director of agriculture.	83

(H) "Label" means any written or printed matter on the	84
package or tag attached to it or on the pertinent delivery and	85
billing invoice.	86

(I) "Manufacture" means to process, granulate, blend, mix, or	87
alter the composition of fertilizers for distribution.	88

(J) "Mixed fertilizer" means any combination or mixture of	89
fertilizer designed for use, or claimed to have value, in	90
promoting plant growth, including fertilizer pesticide mixtures.	91

(K) "Net weight" means the weight of a commodity excluding	92
any packaging in pounds or metric equivalent, as determined by a	93
sealed weighing device or other means prescribed by rules adopted	94
by the director.	95

(L) "Packaged fertilizer" means any type of fertilizer in	96
closed containers of not over one hundred pounds or metric	97
equivalent.	98

(M) "Per cent" or "percentage" means the percentage of	99
weight.	100

(N) "Person" includes any partnership, association, firm,	101
corporation, company, society, individual or combination of	102
individuals, institution, park, or public agency administered by	103
the state or any subdivision of the state.	104

(O) "Product name" means a coined or specific designation	105
applied to an individual fertilizer material or mixture of a fixed	106
composition and derivation.	107

(P) "Sale" means exchange of ownership or transfer of	108
custody.	109

(Q) "Official sample" means the sample of fertilizer taken	110
and designated as official by the director.	111

(R) "Specialty fertilizer" means any fertilizer designed,	112
labeled, and distributed for uses other than the production of	113
commercial crops.	114

(S) "Ton" means a net weight of two thousand pounds.

115

(T) "Unmanipulated manure" means any substance composed	116
primarily of excreta, plant remains, or mixtures of such	117
substances that have not been processed in any manner.	118

(U) "Fertilizer material" includes any of the following:

119

(1) A material containing not more than one of the following	120
primary plant nutrients:	121

(a) Nitrogen (N);

122

(b) Phosphorus (P);

123

124

(2) A material that has not less than eighty-five per cent of	125
its plant nutrient content composed of a single chemical	126
compound.;	127

(3) A material that is derived from a residue or by-product	128
of a plant or animal or a natural material deposit and has been	129
processed in such a way that its plant nutrients content has not	130
been materially changed except by purification and concentration.	131

(V) "Custom mixed fertilizer" means a fertilizer that is not	132
premixed, but that is blended specifically to meet the nutrient	133
needs of one specific customer.	134

(W) "Director" or "director of agriculture" means the	135
director of agriculture or the director's designee.	136

(X) "Lot" means an identifiable quantity of fertilizer that	137
may be used as an official sample.	138

(Y) "Unit" means twenty pounds of fertilizer or one per cent	139
of a ton.	140

(Z) ~~"Metric ton" means a measure of weight equal to one~~	141
~~thousand kilograms.~~	142

~~(AA)~~ "Anhydrous ammonia equipment" means, with regard to the	143
handling or storage of anhydrous ammonia, a container or	144
containers with a maximum capacity of not more than four thousand	145
nine hundred ninety-nine gallons or any appurtenances, pumps,	146
compressors, or interconnecting pipes associated with such a	147
container or containers. "Anhydrous ammonia equipment" does not	148
include equipment for the manufacture of anhydrous ammonia or the	149
storage of anhydrous ammonia either underground or in refrigerated	150
structures.	151

~~(BB)~~(AA) "Anhydrous ammonia system" or "system" means, with	152
regard to the handling or storage of anhydrous ammonia, a	153
container or containers with a minimum capacity of not less than	154
five thousand gallons or any appurtenances, pumps, compressors, or	155
interconnecting pipes associated with such a container or	156
containers. "Anhydrous ammonia system" does not include equipment	157
for the manufacture of anhydrous ammonia or the storage of	158
anhydrous ammonia either underground or in refrigerated	159
structures.	160

(BB) "Agricultural production" means the cultivation,	161
primarily for sale, of plants or any parts of plants on more than	162
ten acres unless the cultivation is excluded from the term by the	163
director in rules.	164

(CC) "Rule" means a rule adopted under section 905.322,	165
905.40, or 905.44 of the Revised Code, as applicable.	166

Sec. 905.32. (A) No person shall manufacture or distribute	167
in this state any type of fertilizer until a license to	168
manufacture or distribute has been obtained by the manufacturer or	169
distributor from the department of agriculture upon payment of a	170
five-dollar fee:	171

(1) For each fixed (permanent) location at which fertilizer	172
is manufactured in this state;	173

(2) For each mobile unit used to manufacture fertilizer in	174
this state;	175

(3) For each location out of the state from which fertilizer	176
is distributed ininto this state ~~to nonlicensees~~;	177

(4) For each location in this state from which fertilizer is	178
distributed in this state.	179

All licenses shall be valid for one year beginning on the	180
first day of December of a calendar year through the thirtieth day	181
of November of the following calendar year. A renewal application	182
for a license shall be submitted no later than the thirtieth day	183
of November each year. A person who submits a renewal application	184
for a license after the thirtieth day of November shall include	185
with the application a late filing fee of ten dollars.	186

(B) An application for a license shall include:

187

(1) The name and address of the licensee;

188

(2) The name and address of each bulk distribution point in	189
the state, not licensed for fertilizer manufacture and	190
distribution.	191

The name and address shown on the license shall be shown on	192
all labels, pertinent invoices, and bulk storage for fertilizers	193
distributed by the licensee in this state.	194

(C) The licensee shall inform the director of agriculture in	195
writing of additional distribution points established during the	196
period of the license.	197

(D) All money collected under this section shall be credited	198
to the pesticide, fertilizer, and lime program fund created in	199
section 921.22 of the Revised Code.	200

Sec. 905.321. (A) As used in this section, "directly	201
supervised" means the application of a fertilizer for purposes of	202
agricultural production by a person who is acting under the	203
instructions and control, as defined in rules, of a person who is	204
certified under this section and employed by the same employer as	205
the person who is applying the fertilizer.	206

(B) On and after the date that is three years after the	207
effective date of this section, no person shall apply fertilizer	208
for the purposes of agricultural production unless that person has	209
been certified to do so by the director of agriculture under this	210
section and rules or is directly supervised by a person who is so	211
certified.	212

(C) A person shall be certified to apply fertilizer for	213
purposes of agricultural production in accordance with rules. A	214
person that has been so certified shall comply with requirements	215
and procedures established in those rules.	216

(D) A person that has been licensed as a commercial	217
applicator under section 921.06 of the Revised Code or as a	218
private applicator under section 921.11 of the Revised Code and	219
that is applying to be certified under this section shall not be	220
required to pay the application fee for certification established	221
in rules adopted under section 905.322 of the Revised Code.	222

Sec. 905.322. (A) The director of agriculture shall adopt	223
rules in accordance with Chapter 119. of the Revised Code that do	224
both of the following:	225

(1) Establish all of the following concerning certifications	226
that are required by section 905.321 of the Revised Code:	227

(a) The amount of the fee that must be submitted with an	228
application for certification, if applicable;	229

(b) Information that must be included with an application for	230
certification;	231

(c) Procedures for the issuance, renewal, and denial of	232
certifications;	233

(d) Grounds for the denial of certifications;

234

(e) Requirements and procedures governing training that must	235
be successfully completed in order for a person to be certified;	236

(f) Requirements for the maintenance of records by a person	237
that is certified.	238

(2) Establish requirements and procedures with which a	239
licensee or registrant must comply when filing an annual tonnage	240
report under section 905.36 of the Revised Code, including the	241
date on which the report must be filed.	242

(B) The director may adopt rules in accordance with Chapter	243
119. of the Revised Code that establish both of the following:	244

(1) Any type of cultivation that is excluded from the	245
definition of "agricultural production" in section 905.31 of the	246
Revised Code;	247

(2) A definition of what constitutes "under the instructions	248
and control" as used in the definition of "directly supervised" in	249
section 905.321 of the Revised Code.	250

Sec. 905.34. No distributor shall be required to obtain a	251
license ~~if the manufacturer is licensed~~ under division (A) of	252
section 905.32 of the Revised Code~~; or~~to distribute fertilizer if	253
the ~~manufacturer or distributor~~fertilizer is registered under	254
division (A) of section 905.33 of the Revised Code.	255

Sec. 905.36. (A) A licensee or registrant~~, except~~	256
~~registrants who package specialty fertilizers only in containers~~	257
~~of ten pounds or less,~~ shall pay the director of agriculture ~~for~~	258
~~all fertilizers distributed in this state~~ an inspection fee ~~at the~~	259
~~rate~~ of twenty-five cents per ton ~~or twenty-eight cents per metric~~	260
~~ton. Licensees and registrants shall specify on an invoice whether~~	261
~~the per ton inspection fee has been paid or whether payment of the~~	262
~~fee is the responsibility of the purchaser of the fertilizer. The~~	263
~~payment of this inspection fee by a licensee or registrant shall~~	264
~~exempt all other persons from the payment of this fee~~for all of	265
the following, as applicable:	266

(1) All fertilizer that the licensee distributes in this	267
state to a person that has not been issued a license under section	268
905.32 of the Revised Code;	269

(2) If the licensee is certified under section 905.321 of the	270
Revised Code, all fertilizer that the licensee applies in this	271
state for purposes of agricultural production;	272

(3) All fertilizer that the registrant distributes in this	273
state.	274

However, the inspection fee does not apply to packaged	275
fertilizers that are in containers of ten pounds or less.	276

(B) Every licensee or registrant shall file with the director	277
an annual tonnage report ~~that includes the number of net tons or~~	278
~~metric tons of fertilizer distributed to nonlicensees or~~	279
~~nonregistrants in this state by grade; packaged; bulk, dry or~~	280
~~liquid~~in accordance with rules. The report shall be filed on or	281
before the ~~thirtieth day of November of each calendar year and~~	282
~~shall include data from the period beginning on the first day of~~	283
~~November of the year preceding the year in which the report is due~~	284
~~through the thirty-first day of October of the year in which the~~	285
~~report is due~~date specified in rules. The licensee or registrant,	286
~~except registrants who package specialty fertilizers only in~~	287
~~containers of ten pounds or less,~~ shall include with ~~this~~	288
~~statement~~the report the inspection fee at the rate stated in	289
division (A) of this section. For a tonnage report that is not	290
filed or payment of inspection fees that is not made on or before	291
the ~~thirtieth day of November of the applicable calendar year~~date	292
specified in rules, a penalty of fifty dollars or ten per cent of	293
the amount due, whichever is greater, shall be assessed against	294
the licensee or registrant. The amount of fees due, plus penalty,	295
shall constitute a debt and become the basis of a judgment against	296
the licensee or registrant. For tonnage reports found to be	297
incorrect, a penalty of fifteen per cent of the amount due shall	298
be assessed against the licensee or registrant and shall	299
constitute a debt and become the basis of a judgment against the	300
licensee or registrant.	301

(C) No information furnished under this section shall be	302
disclosed by any employee of the department of agriculture in such	303
a way as to divulge the operation of any person required to make	304
such a report. The filing by a licensee or registrant of a ~~sales~~	305
~~volume~~ tonnage ~~statement~~report required by division (B) of this	306
section thereby grants permission to the director to verify the	307
same with the records of the licensee or registrant.	308

(D) All money collected under this section shall be credited	309
to the pesticide, fertilizer, and lime program fund created in	310
section 921.22 of the Revised Code.	311

Sec. 905.39. (A) The director of agriculture shall inspect	312
and sample any fertilizer within the state to such an extent as	313
the director considers necessary and make an analysis where need	314
is indicated to determine whether the fertilizer is in compliance	315
with sections 905.31 to ~~905.50~~905.503 of the Revised Code and ~~the~~	316
rules ~~adopted under those sections~~. The director may enter upon	317
any public or private premises or conveyances during regular	318
business hours in order to have access to fertilizer subject to	319
sections 905.31 to ~~905.50~~905.503 of the Revised Code and ~~the~~	320
rules ~~adopted under those sections~~.	321

(B) The director shall maintain the services necessary to	322
effectively administer and enforce sections 905.31 to ~~905.50~~	323
905.503 of the Revised Code and ~~the~~ rules ~~adopted under those~~	324
~~sections~~. The methods of sampling and analysis shall be those	325
adopted by the association of official analytical chemists or	326
other sources prescribed by the director.	327

(C) The results of official analysis of any sample of	328
fertilizer found to be in violation of any provisions of sections	329
905.31 to ~~905.50~~905.503 of the Revised Code or any rule ~~adopted~~	330
~~under those sections,~~ shall be forwarded to the licensee or	331
registrant. A licensee or registrant may request a portion of any	332
such sample, provided that the request is made not more than	333
thirty days after the date of the analysis report.	334

(D) Analytical tolerances shall be governed by rules ~~adopted~~	335
~~by the director~~.	336

(E) If the director is denied access to any premises where	337
access is sought for the purpose of inspection and sampling, the	338
director may apply to any court of competent jurisdiction for a	339
search warrant authorizing access to the premises for that	340
purpose. The court, upon application, may issue the search warrant	341
for the purpose requested.	342

Sec. 905.41. (A) A storage facility for anhydrous ammonia	343
that is used for agricultural purposes shall be designed and	344
constructed in accordance with rules ~~adopted under section 905.40~~	345
~~of the Revised Code~~. On and after ~~the effective date of this~~	346
~~section~~September 10, 2012, no person shall construct a storage	347
facility for anhydrous ammonia that is used for agricultural	348
purposes without applying for and receiving approval of the design	349
of the facility and approval to construct the facility from the	350
director of agriculture in accordance with ~~those~~ rules.	351

(B) Upon the submission of an application to the director for	352
the approval of the design and construction of a storage facility	353
for anhydrous ammonia that is used for agricultural purposes in	354
accordance with rules ~~adopted under section 905.40 of the Revised~~	355
~~Code~~, the applicant shall submit written notification of the	356
application to all of the following:	357

(1) The board of township trustees of the township or the	358
legislative authority of the municipal corporation, as applicable,	359
in which the storage facility is proposed to be located;	360

(2) The county sheriff, or the police chief of the police	361
department of a municipal corporation, township, or township or	362
joint township police district, as applicable, with jurisdiction	363
over the location where the storage facility is proposed to be	364
located;	365

(3) The fire chief of the fire department with jurisdiction	366
over the location where the storage facility is proposed to be	367
located.	368

(C) Prior to approving or disapproving a storage facility for	369
anhydrous ammonia that is used for agricultural purposes, the	370
director may take into consideration any past violations of an	371
applicable state or federal law pertaining to environmental	372
protection or the environmental laws of another country or any	373
conviction of or guilty plea to a violation of section 901.511 of	374
the Revised Code or a felony drug offense as defined in section	375
2925.01 of the Revised Code related to the use and storage of	376
chemicals used for agriculture by the owner of the storage	377
facility.	378

Sec. 905.45. (A) The director of agriculture may ~~revoke the~~	379
~~registration of any grade and brand name of fertilizer or any~~	380
~~license, or may suspend any registration or license, or may refuse~~	381
~~to register any grade and brand name of fertilizer, or to license~~	382
~~any applicant, upon a finding supported by substantial evidence~~	383
~~that the registrant, licensee, or applicant has violated any~~	384
~~provision of sections 905.31 to 905.50 of the Revised Code, or any~~	385
~~rules adopted under those sections. No~~do any of the following	386
upon a finding supported by substantial evidence that a	387
registrant, licensee, certificate holder, or applicant has	388
violated any provision of sections 905.31 to 905.503 of the	389
Revised Code or any rules:	390

(1) Revoke the registration of any grade and brand name of	391
fertilizer;	392

(2) Revoke any license or certificate;

393

(3) Suspend any registration, license, or certificate;

394

(4) Refuse to register any grade and brand name of	395
fertilizer;	396

(5) Refuse to license or certify any applicant.

397

(B)(1) Except as provided in division (B)(2) of this section,	398
no registration or, license, or certificate shall be refused,	399
suspended, or revoked, as applicable, until the registrant,	400
licensee, certificate holder, or applicant has been given an	401
opportunity to appear at an adjudication hearing conducted in	402
accordance with Chapter 119. of the Revised Code.	403

(2) The director immediately may suspend a registration,	404
license, or certificate, prior to a hearing, when the director	405
believes that a fertilizer or the application of the fertilizer	406
poses an immediate hazard to human or animal health or a hazard to	407
the environment. Not later than thirty days after suspending the	408
registration, license, or certificate, the director shall	409
determine whether the fertilizer or application of the fertilizer	410
poses such a hazard. If the director determines that no hazard	411
exists, the director shall lift the suspension of the	412
registration, license, or certificate. If the director determines	413
that a hazard exists, the director shall revoke the registration,	414
license, or certificate in accordance with Chapter 119. of the	415
Revised Code.	416

Sec. 905.46. The director of agriculture may issue an order	417
to the owner or custodian of any lot of fertilizer requiring it to	418
be held at a designated place when the director has found the	419
fertilizer to have been offered or exposed for sale in violation	420
of sections 905.31 to ~~905.50~~905.503 of the Revised Code, or any	421
rule ~~adopted under those sections~~. A fertilizer shall be held	422
until a release in writing is issued by the director. A release	423
shall not be issued until sections 905.31 to ~~905.50~~905.503 of the	424
Revised Code, and ~~the~~ rules ~~adopted under those sections,~~ are	425
complied with and until all costs and expenses incurred in	426
connection with the violation have been paid by the manufacturer,	427
distributor, licensee, or registrant.	428

Sec. 905.47. Any lot of fertilizer not in compliance with	429
sections 905.31 to ~~905.50~~905.503 of the Revised Code, or any rule	430
~~adopted under those sections,~~ is subject to seizure on complaint	431
of the director of agriculture to a court of competent	432
jurisdiction in the county in which the fertilizer is located. The	433
court upon a finding that the fertilizer is in violation of	434
sections 905.31 to ~~905.50~~905.503 of the Revised Code, or any rule	435
~~adopted under those sections,~~ shall order the condemnation of the	436
fertilizer, and it shall be disposed of in a manner consistent	437
with the laws of this state. The court shall not order the	438
condemnation of the fertilizer without first giving the	439
manufacturer or distributor an opportunity to reprocess or relabel	440
the fertilizer to bring it into compliance with sections 905.31 to	441
~~905.50~~905.503 of the Revised Code, and ~~the~~ rules ~~adopted under~~	442
~~those sections~~.	443

Sec. 905.48. In addition to the remedies provided and	444
irrespective of whether or not there exists any adequate remedy at	445
law, the director of agriculture may apply to the court of common	446
pleas in the county wherein any of the provisions of sections	447
905.31 to ~~905.50~~905.503 of the Revised Code, are being violated	448
for a temporary or permanent injunction restraining any person	449
from ~~such~~the violation.	450

Sec. 905.49. Nothing in sections 905.31 to ~~905.50~~905.503 of	451
the Revised Code, shall be considered either to restrict the	452
distribution of fertilizers to each other by importers or	453
manufacturers, who mix fertilizer materials for distribution, or	454
to prevent the free and unrestricted shipment of fertilizer to	455
manufacturers who are licensed or have registered their specialty	456
fertilizer grades and brand names as required by sections 905.31	457
to ~~905.50~~905.503 of the Revised Code.	458

Sec. 905.50. If the director of agriculture has taken an	459
official sample of a fertilizer or mixed fertilizer and determined	460
that it constitutes mislabeled fertilizer pursuant to rules	461
~~adopted under section 905.40 or 905.44 of the Revised Code, as~~	462
~~applicable~~, the person who labeled the fertilizer or mixed	463
fertilizer shall pay a penalty to the consumer of the mislabeled	464
fertilizer or, if the consumer cannot be determined with	465
reasonable diligence or is not available, to the director to be	466
credited to the pesticide, fertilizer, and lime program fund	467
created under section 921.22 of the Revised Code. The amount of	468
the penalty shall be calculated in accordance with either division	469
(A) or (B) of this section, whichever method of calculation yields	470
the largest amount.	471

(A)(1) A penalty required to be paid under this section may	472
be calculated as follows:	473

(a) Five dollars for each percentage point of total nitrogen	474
or phosphorus in the fertilizer that is below the percentage of	475
nitrogen or phosphorus guaranteed on the label, multiplied by the	476
number of tons of mislabeled fertilizer that have been sold to the	477
consumer;	478

(b) Three dollars for each percentage point of potash in the	479
fertilizer that is below the percentage of potash guaranteed on	480
the label, multiplied by the number of tons of mislabeled	481
fertilizer that have been sold to the consumer.	482

(2) In the case of a fertilizer that contains a quantity of	483
nitrogen, phosphorus, or potash that is more than five percentage	484
points below the percentages guaranteed on the label, the	485
penalties calculated under division (A)(1) of this section shall	486
be tripled.	487

(3) No penalty calculated under division (A) of this section	488
shall be less than twenty-five dollars.	489

(B) A penalty required to be paid under this section may be	490
calculated by multiplying the market value of one unit of the	491
mislabeled fertilizer by the number of units of the mislabeled	492
fertilizer that have been sold to the consumer.	493

(C) Upon making a determination under this section that a	494
person has mislabeled fertilizer or mixed fertilizer, the director	495
shall determine the parties to whom the penalty imposed by this	496
section is required to be paid and, in accordance with division	497
(A) or (B) of this section, as applicable, shall calculate the	498
amount of the penalty required to be paid to each such party.	499
After completing those determinations and calculations, the	500
director shall issue to the person who allegedly mislabeled the	501
fertilizer or mixed fertilizer a notice of violation. The notice	502
shall be accompanied by an order requiring, and specifying the	503
manner of, payment of the penalty imposed by this section to the	504
parties in the amounts set forth in the determinations and	505
calculations required by this division. The order shall be issued	506
in accordance with Chapter 119. of the Revised Code.	507

No person shall violate a term or condition of an order	508
issued under this division.	509

Sec. 905.501. Whenever the director of agriculture has cause	510
to believe that a person has violated, or is violating, sections	511
905.31 to 905.503 of the Revised Code or rules or an order issued	512
under those sections or rules, the director may conduct a hearing	513
in accordance with Chapter 119. of the Revised Code to determine	514
whether a violation has occurred. If the director determines that	515
a violation has occurred, the director may require the violator to	516
pay a civil penalty in accordance with the schedule of civil	517
penalties established in rules. Each day of violation constitutes	518
a separate violation.	519

Sec. 905.502. Nothing in sections 905.31 to 905.502 of the	520
Revised Code or rules shall be construed to require the director	521
of agriculture to report any findings to the appropriate	522
prosecuting authority for proceedings in the prosecution of, or	523
issue any order or institute any enforcement procedure for, a	524
violation of sections 905.31 to 905.502 of the Revised Code or	525
rules when the director believes that the public interest will be	526
best served by a suitable written notice of warning. A person who	527
receives a written notice of warning may respond in writing to the	528
notice.	529

~~Sec. 905.501.~~ Sec. 905.503. (A) As used in this section:

530

(1) "Political subdivision" means a county, township, or	531
municipal corporation and any other body corporate and politic	532
that is responsible for government activities in a geographic area	533
smaller than that of the state.	534

(2) "Local legislation" includes, but is not limited to, an	535
ordinance, resolution, regulation, rule, motion, or amendment that	536
is enacted or adopted by a political subdivision.	537

(B)(1) No political subdivision shall regulate the	538
registration, packaging, labeling, sale, storage, distribution,	539
use, or application of fertilizer, or require a person licensed or	540
registered under sections 905.31 to 905.99 of the Revised Code to	541
obtain a license or permit to operate in a manner described in	542
those sections, or to satisfy any other condition except as	543
provided by a statute or rule of this state or of the United	544
States.	545

(2) No political subdivision shall enact, adopt, or continue	546
in effect local legislation relating to the registration,	547
packaging, labeling, sale, storage, distribution, use, or	548
application of fertilizers.	549

Sec. 905.99. Whoever violates ~~section 905.02, 905.04,~~	550
~~905.08, 905.11, 905.32, 905.33, 905.331, 905.35, 905.36, 905.40,~~	551
~~905.42, 905.43, 905.44, 905.45, 905.50, 905.52, 905.54, 905.55,~~	552
~~905.59, 905.60, or 905.61 of the Revised Code~~this chapter or	553
rules adopted under it is guilty of a misdemeanor of the ~~second~~	554
third degree ~~for~~on a first offense~~. On each subsequent offense~~	555
~~the offender is guilty of~~, a misdemeanor of the second degree on a	556
second offense, and a misdemeanor of the first degree on a third	557
or subsequent offense.	558

Sec. 907.111. (A) The department of agriculture has sole and	559
exclusive authority to regulate the registration, labeling, sale,	560
storage, transportation, distribution, notification of use, use,	561
and planting of seed within the state. The regulation of seed is a	562
matter of general statewide interest that requires uniform	563
statewide regulation, and this chapter and rules adopted under it	564
constitute a comprehensive plan with respect to all aspects of the	565
regulation of seed within this state.	566

(B) No political subdivision shall do any of the following:

567

(1) Regulate the registration, labeling, sale, storage,	568
transportation, distribution, notification of use, use, or	569
planting of seed;	570

(2) Require a person who has been issued a permit or license	571
under this chapter to obtain a permit or license to operate in a	572
manner described in this chapter or to satisfy any other condition	573
except as provided by a statute or rule of this state or of the	574
United States;	575

(3) Require a person who has registered a legume innoculant	576
under this chapter to register that innoculant in a manner	577
described in this chapter or to satisfy any other condition except	578
as provided by a statute or rule of this state or of the United	579
States.	580

(C) No political subdivision shall enact, adopt, or continue	581
in effect local legislation relating to the permitting or	582
licensure of any person who is required to obtain a permit or	583
license under this chapter or to the registration, labeling, sale,	584
storage, transportation, distribution, notification of use, use,	585
or planting of seed.	586

(D) As used in this section, "political subdivision" and	587
"local legislation" have the same meanings as in section ~~905.501~~	588
905.503 of the Revised Code.	589

Sec. 921.06. (A)(1) No individual shall do any of the	590
following without having a commercial applicator license issued by	591
the director of agriculture:	592

(a) Apply pesticides for a pesticide business without direct	593
supervision;	594

(b) Apply pesticides as part of the individual's duties while	595
acting as an employee of the United States government, a state,	596
county, township, or municipal corporation, or a park district,	597
port authority, or sanitary district created under Chapter 1545.,	598
4582., or 6115. of the Revised Code, respectively;	599

(c) Apply restricted use pesticides. Division (A)(1)(c) of	600
this section does not apply to a private applicator or an	601
immediate family member or a subordinate employee of a private	602
applicator who is acting under the direct supervision of that	603
private applicator.	604

(d) If the individual is the owner of a business other than a	605
pesticide business or an employee of such an owner, apply	606
pesticides at any of the following publicly accessible sites that	607
are located on the property:	608

(i) Food service operations that are licensed under Chapter	609
3717. of the Revised Code;	610

(ii) Retail food establishments that are licensed under	611
Chapter 3717. of the Revised Code;	612

(iii) Golf courses;

613

(iv) Rental properties of more than four apartment units at	614
one location;	615

(v) Hospitals or medical facilities as defined in section	616
3701.01 of the Revised Code;	617

(vi) Child day-care centers or school child day-care centers	618
as defined in section 5104.01 of the Revised Code;	619

(vii) Facilities owned or operated by a school district	620
established under Chapter 3311. of the Revised Code, including an	621
~~education~~educational service center, a community school	622
established under Chapter 3314. of the Revised Code, or a	623
chartered or nonchartered nonpublic school that meets minimum	624
standards established by the state board of education;	625

(viii) Colleges as defined in section 3365.01 of the Revised	626
Code;	627

(ix) Food processing establishments as defined in section	628
3715.021 of the Revised Code;	629

(x) Any other site designated by rule.

630

(e) Conduct authorized diagnostic inspections.

631

(2) Divisions (A)(1)(a) to (d) of this section do not apply	632
to an individual who is acting as a trained serviceperson under	633
the direct supervision of a commercial applicator.	634

(3) Licenses shall be issued for a period of time established	635
by rule and shall be renewed in accordance with deadlines	636
established by rule. The fee for each such license shall be	637
established by rule. If a license is not issued or renewed, the	638
application fee shall be retained by the state as payment for the	639
reasonable expense of processing the application. The director	640
shall by rule classify by pesticide-use category licenses to be	641
issued under this section. A single license may include more than	642
one pesticide-use category. No individual shall be required to pay	643
an additional license fee if the individual is licensed for more	644
than one category.	645

The fee for each license or renewal does not apply to an	646
applicant who is an employee of the department of agriculture	647
whose job duties require licensure as a commercial applicator as a	648
condition of employment.	649

(B) Application for a commercial applicator license shall be	650
made on a form prescribed by the director. Each application for a	651
license shall state the pesticide-use category or categories of	652
license for which the applicant is applying and other information	653
that the director determines essential to the administration of	654
this chapter.	655

(C) If the director finds that the applicant is competent to	656
apply pesticides and conduct diagnostic inspections and that the	657
applicant has passed both the general examination and each	658
applicable pesticide-use category examination as required under	659
division (A) of section 921.12 of the Revised Code, the director	660
shall issue a commercial applicator license limited to the	661
pesticide-use category or categories for which the applicant is	662
found to be competent. If the director rejects an application, the	663
director may explain why the application was rejected, describe	664
the additional requirements necessary for the applicant to obtain	665
a license, and return the application. The applicant may resubmit	666
the application without payment of any additional fee.	667

(D)(1) A person who is a commercial applicator shall be	668
deemed to hold a private applicator's license for purposes of	669
applying pesticides on agricultural commodities that are produced	670
by the commercial applicator.	671

(2) A commercial applicator shall apply pesticides only in	672
the pesticide-use category or categories in which the applicator	673
is licensed under this chapter.	674

(E) If a commercial applicator has been certified under	675
section 905.321 of the Revised Code and applicable rules, the	676
director shall indicate on the applicator's license an	677
agricultural nutrient pesticide-use category. As used in this	678
division, "agricultural nutrient" means fertilizer as defined in	679
section 905.31 of the Revised Code.	680

(F) All money collected under this section shall be credited	681
to the pesticide, fertilizer, and lime program fund created in	682
section 921.22 of the Revised Code.	683

Sec. 921.11. (A)(1) No individual shall apply restricted use	684
pesticides unless the individual is one of the following:	685

(a) Licensed under section 921.06 of the Revised Code;

686

(b) Licensed under division (B) of this section;

687

(c) A trained serviceperson who is acting under the direct	688
supervision of a commercial applicator;	689

(d) An immediate family member or a subordinate employee of a	690
private applicator who is acting under the direct supervision of	691
that private applicator.	692

(2) No individual shall directly supervise the application of	693
a restricted use pesticide unless the individual is one of the	694
following:	695

(a) Licensed under section 921.06 of the Revised Code;

696

(b) Licensed under division (B) of this section.

697

(B) The director of agriculture shall adopt rules to	698
establish standards and procedures for the licensure of private	699
applicators. An individual shall apply for a private applicator	700
license to the director, on forms prescribed by the director. The	701
individual shall include in the application the pesticide-use	702
category or categories of the license for which the individual is	703
applying and any other information that the director determines is	704
essential to the administration of this chapter. The fee for each	705
license shall be established by rule. Licenses shall be issued for	706
a period of time established by rule and shall be renewed in	707
accordance with deadlines established by rule. If a license is not	708
issued or renewed, the state shall retain any fee submitted as	709
payment for reasonable expenses of processing the application.	710

(C) An individual who is licensed under this section shall	711
use or directly supervise the use of a restricted use pesticide	712
only for the purpose of producing agricultural commodities on	713
property that is owned or rented by the individual or the	714
individual's employer.	715

(D) If a private applicator has been certified under section	716
905.321 of the Revised Code and applicable rules, the director	717
shall indicate on the applicator's license an agricultural	718
nutrient pesticide-use category. As used in this division,	719
"agricultural nutrient" means fertilizer as defined in section	720
905.31 of the Revised Code.	721

(E) All money collected under this section shall be credited	722
to the pesticide, fertilizer, and lime program fund created in	723
section 921.22 of the Revised Code.	724

Sec. 921.16. (A) The director of agriculture shall adopt	725
rules the director determines necessary for the effective	726
enforcement and administration of this chapter. The rules may	727
relate to, but are not limited to, the time, place, manner, and	728
methods of application, materials, and amounts and concentrations	729
of application of pesticides, may restrict or prohibit the use of	730
pesticides in designated areas during specified periods of time,	731
and shall encompass all reasonable factors that the director	732
determines necessary to minimize or prevent damage to the	733
environment. In addition, the rules shall establish the deadlines	734
and time periods for registration, registration renewal, late	735
registration renewal, and failure to register under section 921.02	736
of the Revised Code; the fees for registration, registration	737
renewal, late registration renewal, and failure to register under	738
section 921.02 of the Revised Code that shall apply until the fees	739
that are established under that section take effect on January 1,	740
2007; and the fees, deadlines, and time periods for licensure and	741
license renewal under sections 921.06, 921.09, 921.11, and 921.13	742
of the Revised Code.	743

(B) The director shall adopt rules that establish a schedule	744
of civil penalties for violations of this chapter, or any rule or	745
order adopted or issued under it, provided that the civil penalty	746
for a first violation shall not exceed five thousand dollars and	747
the civil penalty for each subsequent violation shall not exceed	748
ten thousand dollars. In determining the amount of a civil penalty	749
for a violation, the director shall consider factors relevant to	750
the severity of the violation, including past violations and the	751
amount of actual or potential damage to the environment or to	752
human beings. All money collected under this division shall be	753
credited to the pesticide, fertilizer, and lime program fund	754
created in section 921.22 of the Revised Code.	755

(C) The director shall adopt rules that set forth the	756
conditions under which the director:	757

(1) Requires that notice or posting be given of a proposed	758
application of a pesticide;	759

(2) Requires inspection, condemnation, or repair of equipment	760
used to apply a pesticide;	761

(3) Will suspend, revoke, or refuse to issue any pesticide	762
registration for a violation of this chapter;	763

(4) Requires safe handling, transportation, storage, display,	764
distribution, and disposal of pesticides and their containers;	765

(5) Ensures the protection of the health and safety of	766
agricultural workers storing, handling, or applying pesticides,	767
and all residents of agricultural labor camps, as that term is	768
defined in section 3733.41 of the Revised Code, who are living or	769
working in the vicinity of pesticide-treated areas;	770

(6) Requires a record to be kept of all pesticide	771
applications made by each commercial applicator and by any trained	772
serviceperson acting under the commercial applicator's direct	773
supervision and of all restricted use pesticide applications made	774
by each private applicator and by any immediate family member or	775
subordinate employee of that private applicator who is acting	776
under the private applicator's direct supervision as required	777
under section 921.14 of the Revised Code;	778

(7) Determines the pesticide-use categories of diagnostic	779
inspections that must be conducted by a commercial applicator;	780

(8) Requires a record to be kept of all diagnostic	781
inspections conducted by each commercial applicator and by any	782
trained service person.	783

(D) The director shall prescribe standards for the licensure	784
of applicators of pesticides consistent with those prescribed by	785
the federal act and the regulations adopted under it or prescribe	786
standards that are more restrictive than those prescribed by the	787
federal act and the regulations adopted under it. The standards	788
may relate to the use of a pesticide or to an individual's	789
pesticide-use category.	790

The director shall take into consideration standards of the	791
United States environmental protection agency.	792

(E) The director may adopt rules setting forth the conditions	793
under which the director will:	794

(1) Collect and examine samples of pesticides or devices;

795

(2) Specify classes of devices that shall be subject to this	796
chapter;	797

(3) Prescribe other necessary registration information.

798

(F) The director may adopt rules that do either or both of	799
the following:	800

(1) Designate, in addition to those restricted uses so	801
classified by the administrator of the United States environmental	802
protection agency, restricted uses of pesticides for the state or	803
for designated areas within the state and, if the director	804
considers it necessary, to further restrict such use;	805

(2) Define what constitutes "acting under the instructions	806
and control of a commercial applicator" as used in the definition	807
of "direct supervision" in division (Q)(1) of section 921.01 of	808
the Revised Code. In adopting a rule under division (F)(2) of this	809
section, the director shall consider the factors associated with	810
the use of pesticide in the various pesticide-use categories.	811
Based on consideration of the factors, the director may define	812
"acting under the instructions and control of a commercial	813
applicator" to include communications between a commercial	814
applicator and a trained serviceperson that are conducted via	815
landline telephone or a means of wireless communication. Any rules	816
adopted under division (F)(2) of this section shall be drafted in	817
consultation with representatives of the pesticide industry.	818

(G) Except as provided in division (D) of this section, the	819
director shall not adopt any rule under this chapter that is	820
inconsistent with the requirements of the federal act and	821
regulations adopted thereunder.	822

(H) The director, after notice and opportunity for hearing,	823
may declare as a pest any form of plant or animal life, other than	824
human beings and other than bacteria, viruses, and other	825
microorganisms on or in living human beings or other living	826
animals, that is injurious to health or the environment.	827

(I) The director may make reports to the United States	828
environmental protection agency, in the form and containing the	829
information the agency may require.	830

(J) The director shall adopt rules for the application, use,	831
storage, and disposal of pesticides if, in the director's	832
judgment, existing programs of the United States environmental	833
protection agency necessitate such rules or pesticide labels do	834
not sufficiently address issues or situations identified by the	835
department of agriculture or interested state agencies.	836

(K) The director shall adopt rules establishing all of the	837
following:	838

(1) Standards, requirements, and procedures for the	839
examination and re-examination of commercial applicators and	840
private applicators;	841

(2) With respect to training programs that the director may	842
require commercial applicators and private applicators to	843
complete:	844

(a) Standards and requirements that a training program must	845
satisfy in order to be offered by the director or the director's	846
representative or in order to be approved by the director if a	847
third party wishes to offer it;	848

(b) Eligibility standards and requirements that must be	849
satisfied by third parties who wish to provide the training	850
programs;	851

(c) Procedures that third parties must follow in order to	852
submit a proposed training program to the director for approval;	853

(d) Criteria that the director must consider when determining	854
whether to authorize a commercial applicator or private applicator	855
to participate in a training program instead of being required to	856
pass a re-examination.;	857

(3) Training requirements for a trained serviceperson;

858

(4) Pesticide-use categories for commercial applicator	859
licenses and private applicator licenses, including an	860
agricultural nutrient pesticide-use category. As used in division	861
(K)(4) of this section, "agricultural nutrient" means fertilizer	862
as defined in section 905.31 of the Revised Code.	863

(L) The director shall adopt all rules under this chapter in	864
accordance with Chapter 119. of the Revised Code.	865

Sec. 941.14. (A) The owner shall burn the body of an animal	866
that has died of, or been destroyed because of, a dangerously	867
infectious or contagious disease, bury it not less than four feet	868
under the surface of the ground, dissolve it by alkaline	869
hydrolysis, remove it in a watertight tank to a rendering	870
establishment, or otherwise dispose of it in accordance with	871
section 953.26 or ~~1511.022~~1511.024 of the Revised Code within	872
twenty-four hours after knowledge thereof or after notice in	873
writing from the department of agriculture.	874

(B) The owner of premises that contain a dead animal shall	875
burn the body of the animal, bury it not less than four feet	876
beneath the surface of the ground, dissolve it by alkaline	877
hydrolysis, remove it in a watertight tank to a rendering	878
establishment, or otherwise dispose of it in accordance with	879
section 953.26 or ~~1511.022~~1511.024 of the Revised Code within a	880
reasonable time after knowledge thereof or after notice in writing	881
from the department or from the township trustees of the township	882
in which the owner's premises are located.	883

(C) Notwithstanding division (A) or (B) of this section, the	884
director of agriculture, in written notice sent to the owner of a	885
dead animal, may require the owner to employ a specific method of	886
disposition of the body, including burning, burying, rendering,	887
composting, or alkaline hydrolysis, when that method does not	888
conflict with any law or rule governing the disposal of infectious	889
wastes and, in the director's judgment, is necessary for purposes	890
of animal disease control. No person shall fail to employ the	891
method of disposition required under this division.	892

(D) The director, in written notice sent to the owner of a	893
dead animal, may prohibit the owner from transporting the body of	894
the dead animal on any street or highway if that prohibition does	895
not conflict with any law or rule governing the transportation of	896
infectious wastes and, in the director's judgment, is necessary	897
for purposes of animal disease control. No person shall fail to	898
comply with a prohibition issued under this division.	899

(E) As used in this section, "infectious wastes" has the same	900
meaning as in section 3734.01 of the Revised Code, and "street" or	901
"highway" has the same meaning as in section 4511.01 of the	902
Revised Code.	903

Sec. 953.22. (A) No person shall engage in the business of	904
disposing of, picking up, rendering, or collecting raw rendering	905
material or transporting the material to a composting facility	906
without a license to do so from the department of agriculture.	907

(B) This chapter does not apply to any of the following:

908

(1) A farmer who slaughters the farmer's own animals, raised	909
by the farmer on the farmer's own farm, processes the farmer's own	910
meat therefrom, and disposes of the farmer's raw rendering	911
material only by delivery to a person licensed under section	912
953.23 of the Revised Code;	913

(2) A person whose only connection with raw rendering	914
material is curing hides and skins;	915

(3) A person whose only connection with raw rendering	916
material is operating a pet cemetery;	917

(4) A person who is conducting composting, as defined in	918
section 1511.01 of the Revised Code, in accordance with section	919
~~1511.022~~1511.024 of the Revised Code;	920

(5) A person whose only connection with raw rendering	921
material is trapping wild animals in accordance with a nuisance	922
wild animal permit issued by the chief of the division of wildlife	923
in the department of natural resources under rules adopted	924
pursuant to section 1531.08 of the Revised Code;	925

(6) A county dog warden or animal control officer who	926
transports raw rendering material only for disposal purposes.	927

Sec. 1511.01. For the purposes of this chapter:

928

(A) "Conservation" means the wise use and management of	929
natural resources.	930

(B) "Critical natural resource area" means an area identified	931
by the director of natural resources in which occurs a natural	932
resource that requires special management because of its	933
importance to the well-being of the surrounding communities, the	934
region, or the state.	935

(C) "Pollution abatement practice" means any ~~erosion control~~	936
~~or animal waste~~agricultural pollution abatement facility,	937
structure, or procedure and the operation and management	938
associated with it as contained in operation and management plans	939
~~developed or approved by the chief of the division of soil and~~	940
~~water resources or by soil and water conservation districts~~	941
~~established under Chapter 1515. of the Revised Code~~.	942

(D) "Agricultural pollution" means failure to use management	943
or conservation practices in ~~farming or silvicultural~~agricultural	944
operations to abate wind or water erosion of the soil or to abate	945
the degradation of the waters of the state by ~~animal waste or~~ soil	946
sediment, ~~including substances attached thereto~~nutrients, manure,	947
animal bedding, wash waters, waste feed, or silage drainage.	948

(E) "Waters of the state" means all streams, lakes, ponds,	949
wetlands, watercourses, waterways, wells, springs, irrigation	950
systems, drainage systems, and all other bodies or accumulations	951
of water, surface and underground, natural or artificial,	952
regardless of the depth of the strata in which underground water	953
is located, that are situated wholly or partly within, or border	954
upon, this state or are within its jurisdiction, except those	955
private waters that do not combine or effect a junction with	956
natural surface or underground waters.	957

(F) "Operation and management plan" means a written ~~record,~~	958
~~developed or approved by the district board of supervisors or the~~	959
~~chief, for the owner or operator of agricultural land or a~~	960
~~concentrated animal feeding operation that contains implementation~~	961
~~schedules and operational procedures for a level of management and~~	962
~~pollution abatement practices that will abate the degradation of~~	963
~~the waters of the state by animal waste and by soil sediment~~	964
~~including attached pollutants~~plan developed under section	965
1511.021 of the Revised Code, including a plan required by an	966
order issued by the chief of the division of soil and water	967
resources under division (G) of section 1511.02 of the Revised	968
Code.	969

(G) ~~"Animal waste"~~"Manure" means animal excreta~~, discarded~~	970
~~products, bedding, wash waters, waste feed, and silage drainage.~~	971
~~"Animal waste" also includes the compost products resulting from~~	972
~~the composting of dead animals in operations subject to section~~	973
~~1511.022 of the Revised Code when either of the following applies:~~	974

~~(1) The composting is conducted by the person who raises the~~	975
~~animals and the compost product is used in agricultural operations~~	976
~~owned or operated by that person, regardless of whether the person~~	977
~~owns the animals;~~	978

~~(2) The composting is conducted by the person who owns the~~	979
~~animals, but does not raise them and the compost product is used~~	980
~~in agricultural operations either by a person who raises the~~	981
~~animals or by a person who raises grain that is used to feed them~~	982
~~and that is supplied by the owner of the animals~~.	983

(H) "Composting" means the controlled decomposition of	984
organic solid material consisting of dead animals that stabilizes	985
the organic fraction of the material.	986

(I) "Nutrient" means a primary chemical element that is	987
essential to plant nutrition.	988

(J) "Nutrient management plan" means a component of an	989
operation and management plan that contains implementation	990
schedules and operating procedures specific to nutrient	991
management.	992

(K) "Animal feeding operation" means an agricultural	993
operation where agricultural animals that are capable of producing	994
at least three hundred fifty tons or one hundred thousand gallons	995
of manure in a calendar year are kept and raised in confined	996
areas. "Animal feeding operation" does not include a facility that	997
is issued any type of permit by the department of agriculture or	998
the environmental protection agency.	999

(L) "Soil and water conservation district" has the same	1000
meaning as in section 1515.01 of the Revised Code.	1001

Sec. 1511.02. The chief of the division of soil and water	1002
resources, subject to the approval of the director of natural	1003
resources, shall do all of the following:	1004

(A) Provide administrative leadership to ~~local~~ soil and water	1005
conservation districts in planning, budgeting, staffing, and	1006
administering district programs and the training of district	1007
supervisors and personnel in their duties, responsibilities, and	1008
authorities as prescribed in this chapter and Chapter 1515. of the	1009
Revised Code;	1010

(B) Administer this chapter and Chapter 1515. of the Revised	1011
Code pertaining to state responsibilities and provide staff	1012
assistance to the Ohio soil and water conservation commission in	1013
exercising its statutory responsibilities;	1014

(C) Assist in expediting state responsibilities for watershed	1015
development and other natural resource conservation works of	1016
improvement;	1017

(D) Coordinate the development and implementation of	1018
cooperative programs and working agreements between ~~local~~ soil and	1019
water conservation districts and divisions or sections of the	1020
department of natural resources, or other agencies of local,	1021
state, and federal government;	1022

(E) Subject to the approval of the Ohio soil and water	1023
conservation commission, adopt, amend, or rescind rules pursuant	1024
to Chapter 119. of the Revised Code. Rules adopted pursuant to	1025
this section:	1026

(1) Shall establish technically feasible and economically	1027
reasonable standards to achieve a level of management and	1028
conservation practices in ~~farming or silvicultural~~agricultural	1029
operations that will abate wind or water erosion of the soil or	1030
abate the degradation of the waters of the state by ~~animal waste~~	1031
~~or by soil sediment including substances attached thereto,~~	1032
agricultural pollution and establish criteria for determination of	1033
the acceptability of such management and conservation practices;	1034

(2) Shall establish technically feasible and economically	1035
reasonable standards to achieve a level of management and	1036
conservation practices that will abate wind or water erosion of	1037
the soil or abate the degradation of the waters of the state by	1038
soil sediment in conjunction with land grading, excavating,	1039
filling, or other soil-disturbing activities on land used or being	1040
developed for nonfarm commercial, industrial, residential, or	1041
other nonfarm purposes, and establish criteria for determination	1042
of the acceptability of such management and conservation	1043
practices. The standards shall be designed to implement applicable	1044
areawide waste treatment management plans prepared under section	1045
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	1046
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	1047
shall not apply in any municipal corporation or county that adopts	1048
ordinances or rules pertaining to sediment control, nor to lands	1049
being used in a strip mine operation as defined in section 1513.01	1050
of the Revised Code, nor to lands being used in a surface mining	1051
operation as defined in section 1514.01 of the Revised Code.	1052

(3) May recommend criteria and procedures for the approval of	1053
urban sediment pollution abatement plans and issuance of permits	1054
prior to any grading, excavating, filling, or other whole or	1055
partial disturbance of five or more contiguous acres of land owned	1056
by one person or operated as one development unit and require	1057
implementation of such a plan. Areas of less than five contiguous	1058
acres are not exempt from compliance with other provisions of this	1059
chapter and rules adopted under them.	1060

(4) Shall establish procedures for administration of rules	1061
for agricultural pollution abatement and urban sediment pollution	1062
abatement and for enforcement of rules for agricultural pollution	1063
abatement;	1064

(5) Shall specify the pollution abatement practices eligible	1065
for state cost sharing and determine the conditions for	1066
eligibility, the construction standards and specifications, the	1067
useful life, the maintenance requirements, and the limits of cost	1068
sharing for those practices. Eligible practices shall be limited	1069
to practices that address agricultural ~~or silvicultural~~ operations	1070
and that require expenditures that are likely to exceed the	1071
economic returns to the owner or operator and that abate soil	1072
erosion or degradation of the waters of the state by ~~animal waste~~	1073
~~or soil sediment including pollutants attached thereto~~	1074
agricultural pollution.	1075

(6) Shall establish procedures for administering grants to	1076
owners or operators of agricultural land or ~~concentrated~~ animal	1077
feeding operations for the implementation of operation and	1078
management plans;	1079

(7) Shall establish procedures for administering grants to	1080
soil and water conservation districts for urban sediment pollution	1081
abatement programs, specify the types of projects eligible for	1082
grants, establish limits on the availability of grants, and	1083
establish requirements governing the execution of projects to	1084
encourage the reduction of erosion and sedimentation associated	1085
with soil-disturbing activities;	1086

(8) Shall do all of the following with regard to composting	1087
conducted in conjunction with agricultural operations:	1088

(a) Provide for the distribution of educational material	1089
concerning composting to the offices of the Ohio cooperative	1090
extension service for the purposes of section ~~1511.022~~1511.024 of	1091
the Revised Code;	1092

(b) Establish methods, techniques, or practices for	1093
composting dead animals, or particular types of dead animals, that	1094
are to be used at such operations, as the chief considers to be	1095
necessary or appropriate;	1096

(c) Establish requirements and procedures governing the	1097
review and approval or disapproval of composting plans by the	1098
supervisors of soil and water conservation districts under	1099
division ~~(Q)~~(P) of section 1515.08 of the Revised Code.	1100

(9) Shall be adopted, amended, or rescinded after the chief	1101
does all of the following:	1102

(a) Mails notice to each statewide organization that the	1103
chief determines represents persons or local governmental agencies	1104
who would be affected by the proposed rule, amendment thereto, or	1105
rescission thereof at least thirty-five days before any public	1106
hearing thereon;	1107

(b) Mails a copy of each proposed rule, amendment thereto, or	1108
rescission thereof to any person who requests a copy, within five	1109
days after receipt of the request;	1110

(c) Consults with appropriate state and local governmental	1111
agencies or their representatives, including statewide	1112
organizations of local governmental officials, industrial	1113
representatives, and other interested persons;	1114

(d) If the rule relates to agricultural pollution abatement,	1115
develops an economic impact statement concerning the effect of the	1116
proposed rule or amendment.	1117

(10) Shall not conflict with air or water quality standards	1118
adopted pursuant to section 3704.03 or 6111.041 of the Revised	1119
Code. Compliance with rules adopted pursuant to this section does	1120
not affect liability for noncompliance with air or water quality	1121
standards adopted pursuant to section 3704.03 or 6111.041 of the	1122
Revised Code. The application of a level of management and	1123
conservation practices recommended under this section to control	1124
windblown soil from farming operations creates a presumption of	1125
compliance with section 3704.03 of the Revised Code as that	1126
section applies to windblown soil.	1127

(11) Insofar as the rules relate to urban sediment pollution,	1128
shall not be applicable in a municipal corporation or county that	1129
adopts ordinances or rules for urban sediment control, except that	1130
a municipal corporation or county that adopts such ordinances or	1131
rules may receive moneys for urban sediment control that are	1132
disbursed by the board of supervisors of the applicable soil and	1133
water conservation district under division (N) of section 1515.08	1134
of the Revised Code. The rules shall not exempt any person from	1135
compliance with municipal ordinances enacted pursuant to Section 3	1136
of Article XVIII, Ohio Constitution.	1137

(F) Cost share with landowners on practices established	1138
pursuant to division (E)(5) of this section as moneys are	1139
appropriated and available for that purpose. Any practice for	1140
which cost share is provided shall be maintained for its useful	1141
life. Failure to maintain a cost share practice for its useful	1142
life shall subject the landowner to full repayment to the	1143
division.	1144

(G) Issue orders requiring compliance with any rule adopted	1145
under division (E)(1) of this section or with section ~~1511.022~~	1146
1511.024 of the Revised Code. Before the chief issues an order,	1147
the chief shall afford each person allegedly liable an	1148
adjudication hearing under Chapter 119. of the Revised Code. The	1149
chief may require in an order that a person who has caused	1150
agricultural pollution by failure to comply with the standards	1151
established under division (E)(1) of this section operate under an	1152
operation and management plan ~~approved by the chief under this~~	1153
~~section~~. The chief shall require in an order that a person who has	1154
failed to comply with division (A) of section ~~1511.022~~1511.024 of	1155
the Revised Code prepare a composting plan in accordance with	1156
rules adopted under division (E)(10)(c) of this section and	1157
operate in accordance with that plan or that a person who has	1158
failed to operate in accordance with such a plan begin to operate	1159
in accordance with it. Each order shall be issued in writing and	1160
contain a finding by the chief of the facts upon which the order	1161
is based and the standard that is not being met.	1162

(H) Employ field assistants and such other employees as are	1163
necessary for the performance of the work prescribed by Chapter	1164
1515. of the Revised Code, for performance of work of the	1165
division, and as agreed to under working agreements or contractual	1166
arrangements with ~~local~~ soil and water conservation districts,	1167
prescribe their duties, and fix their compensation in accordance	1168
with such schedules as are provided by law for the compensation of	1169
state employees.	1170

All employees of the division, unless specifically exempted	1171
by law, shall be employed subject to the classified civil service	1172
laws in force at the time of employment.	1173

(I) In connection with new or relocated projects involving	1174
highways, underground cables, pipelines, railroads, and other	1175
improvements affecting soil and water resources, including surface	1176
and subsurface drainage:	1177

(1) Provide engineering service as is mutually agreeable to	1178
the Ohio soil and water conservation commission and the director	1179
of natural resources to aid in the design and installation of soil	1180
and water conservation practices as a necessary component of such	1181
projects;	1182

(2) Maintain close liaison between the owners of lands on	1183
which the projects are executed, ~~local~~ soil and water conservation	1184
districts, and authorities responsible for such projects;	1185

(3) Review plans for such projects to ensure their compliance	1186
with standards developed under division (E) of this section in	1187
cooperation with the department of transportation or with any	1188
other interested agency that is engaged in soil or water	1189
conservation projects in the state in order to minimize adverse	1190
impacts on soil and water resources adjacent to or otherwise	1191
affected by these projects;	1192

(4) Recommend measures to retard erosion and protect soil and	1193
water resources through the installation of water impoundment or	1194
other soil and water conservation practices;	1195

(5) Cooperate with other agencies and subdivisions of the	1196
state to protect the agricultural status of rural lands adjacent	1197
to such projects and control adverse impacts on soil and water	1198
resources.	1199

(J) Collect, analyze, inventory, and interpret all available	1200
information pertaining to the origin, distribution, extent, use,	1201
and conservation of the soil resources of the state;	1202

(K) Prepare and maintain up-to-date reports, maps, and other	1203
materials pertaining to the soil resources of the state and their	1204
use and make that information available to governmental agencies,	1205
public officials, conservation entities, and the public;	1206

(L) Provide soil and water conservation districts with	1207
technical assistance including on-site soil investigations and	1208
soil interpretation reports on the suitability or limitations of	1209
soil to support a particular use or to plan soil conservation	1210
measures. The assistance shall be upon such terms as are mutually	1211
agreeable to the districts and the department of natural	1212
resources.	1213

(M) Assist local government officials in utilizing land use	1214
planning and zoning, current agricultural use value assessment,	1215
development reviews, and land management activities;	1216

~~(N) When necessary for the purposes of this chapter or~~	1217
~~Chapter 1515. of the Revised Code, develop or approve operation~~	1218
~~and management plans~~.	1219

This section does not restrict ~~the excrement of domestic or~~	1220
~~farm animals~~manure defecated on land outside ~~a concentrated~~an	1221
animal feeding operation or runoff therefrom into the waters of	1222
the state.	1223

Sec. 1511.021. (A) Any of the following may develop an	1224
operation and management plan in accordance with the standards	1225
established in rules adopted under division (E)(1) of section	1226
1511.02 of the Revised Code for a person who owns or operates	1227
agricultural land or an animal feeding operation:	1228

(1) The chief of the division of soil and water resources;

1229

(2) The supervisors of the soil and water conservation	1230
district in which the agricultural land or animal feeding	1231
operation is located;	1232

(3) A designee of the chief.

1233

(B) If a designee of the chief develops an operation and	1234
management plan under division (A) of this section, the chief	1235
shall approve the plan prior to its implementation.	1236

(C) In addition to the standards established in rules adopted	1237
under division (E)(1) of section 1511.02 of the Revised Code, an	1238
operation and management plan shall include implementation	1239
schedules and operational procedures for a level of management and	1240
pollution abatement practices that will abate degradation of the	1241
waters of the state caused by agricultural pollution. An operation	1242
and management plan may include a nutrient management plan.	1243

~~Sec. 1511.021.~~ Sec. 1511.022. (A) Any person who owns or operates	1244
agricultural land or ~~a concentrated~~an animal feeding operation	1245
may ~~develop and~~ operate under an operation and management plan	1246
~~approved by the chief of the division of soil and water resources~~	1247
~~under section 1511.02 of the Revised Code or by the supervisors of~~	1248
~~the local soil and water conservation district under section~~	1249
~~1515.08 of the Revised Code~~.	1250

(B) Any person who wishes to make a complaint regarding	1251
nuisances involving agricultural pollution may do so orally or by	1252
submitting a written, signed, and dated complaint to the chief of	1253
the division of soil and water resources or to the chief's	1254
designee. After receiving an oral complaint, the chief or the	1255
chief's designee may cause an investigation to be conducted to	1256
determine whether agricultural pollution has occurred or is	1257
imminent. After receiving a written, signed, and dated complaint,	1258
the chief or the chief's designee shall cause such an	1259
investigation to be conducted.	1260

(C) In a private civil action for nuisances involving	1261
agricultural pollution, it is an affirmative defense if the person	1262
owning, operating, or otherwise responsible for agricultural land	1263
or ~~a concentrated~~an animal feeding operation is operating under	1264
and in substantial compliance with an ~~approved~~ operation and	1265
management plan ~~developed under division (A) of this section, with~~	1266
~~an operation and management plan developed by the chief under~~	1267
~~section 1511.02 of the Revised Code or by the supervisors of the~~	1268
~~local soil and water conservation district under section 1515.08~~	1269
~~of the Revised Code, or with an operation and management plan~~	1270
~~required by an order issued by the chief under division (G) of~~	1271
~~section 1511.02 of the Revised Code~~. Nothing in this section is in	1272
derogation of the authority granted to the chief in division (E)	1273
of section 1511.02 and in section 1511.07 of the Revised Code.	1274

Sec. 1511.023. (A) Except as provided in division (B) of	1275
this section, the director of natural resources, an employee of	1276
the department of natural resources, the supervisors of a soil and	1277
water conservation district, an employee of a district, and a	1278
contractor of the department or a district shall not disclose	1279
either of the following:	1280

(1) Information, including data from geographic information	1281
systems and global positioning systems, provided by a person who	1282
owns or operates agricultural land or an animal feeding operation	1283
and operates under an operation and management plan;	1284

(2) Information gathered as a result of an inspection of	1285
agricultural land or an animal feeding operation to determine	1286
whether the person who owns or operates the land or operation is	1287
in compliance with an operation and management plan.	1288

(B) The director or the supervisors of a district may release	1289
or disclose information specified in division (A) of this section	1290
to a person or a federal, state, or local agency working in	1291
cooperation with the chief of the division of soil and water	1292
resources or the supervisors in the development of an operation	1293
and management plan or an inspection to determine compliance with	1294
such a plan if the director or supervisors determine that the	1295
person or federal, state, or local agency will not subsequently	1296
disclose the information to another person.	1297

~~Sec. 1511.022.~~ Sec. 1511.024. (A) Any person who owns or operates	1298
an agricultural operation, or owns the animals raised by the owner	1299
or operator of an agricultural operation, and who wishes to	1300
conduct composting of dead animals resulting from the agricultural	1301
operation shall do both of the following:	1302

(1) Participate in an educational course concerning	1303
composting conducted by the Ohio cooperative extension service and	1304
obtain a certificate of completion for the course;	1305

(2) Use the appropriate method, technique, or practice of	1306
composting established in rules adopted under division (E)(8) of	1307
section 1511.02 of the Revised Code.	1308

(B) Any person who fails to comply with division (A) of this	1309
section shall prepare and operate under a composting plan in	1310
accordance with an order issued by the chief of the division of	1311
soil and water resources under division (G) of section 1511.02 of	1312
the Revised Code. If the person's proposed composting plan is	1313
disapproved by the board of supervisors of the appropriate soil	1314
and water conservation district under division ~~(Q)~~(P)(3) of	1315
section 1515.08 of the Revised Code, the person may appeal the	1316
plan disapproval to the chief, who shall afford the person a	1317
hearing. Following the hearing, the chief shall uphold the plan	1318
disapproval or reverse it. If the chief reverses the disapproval,	1319
the plan shall be deemed approved.	1320

Sec. 1511.07. (A)(1) No person shall fail to comply with an	1321
order of the chief of the division of soil and water resources	1322
issued pursuant to division (G) of section 1511.02 of the Revised	1323
Code.	1324

(2) In addition to the remedies provided and irrespective of	1325
whether an adequate remedy at law exists, the chief may apply to	1326
the court of common pleas in the county where a violation of a	1327
standard established under division (E)(1) or (8)(b) of section	1328
1511.02 of the Revised Code causes pollution of the waters of the	1329
state for an order to compel the violator to cease the violation	1330
and to remove the agricultural pollutant or to comply with the	1331
rules adopted under division (E)(8)(b) of that section, as	1332
appropriate.	1333

(3) In addition to the remedies provided and irrespective of	1334
whether an adequate remedy at law exists, whenever the chief	1335
officially determines that an emergency exists because of	1336
agricultural pollution or an unauthorized release, spill, or	1337
discharge of ~~animal waste~~manure, or a violation of a rule adopted	1338
under division (E)(8)(b) of section 1511.02 of the Revised Code,	1339
that causes pollution of the waters of the state, the chief may,	1340
without notice or hearing, issue an order reciting the existence	1341
of the emergency and requiring that necessary action be taken to	1342
meet the emergency. The order shall be effective immediately. Any	1343
person to whom the order is directed shall comply with the order	1344
immediately, but on application to the chief shall be afforded a	1345
hearing as soon as possible, but not later than twenty days after	1346
making the application. On the basis of the hearing, the chief	1347
shall continue the order in effect, revoke it, or modify it. No	1348
emergency order shall remain in effect for more than sixty days	1349
after its issuance. If a person to whom an order is issued does	1350
not comply with the order within a reasonable period, as	1351
determined by the chief, the chief or the chief's designee may	1352
enter upon private or public lands and take action to mitigate,	1353
minimize, remove, or abate the agricultural pollution, release,	1354
spill, discharge, or conditions caused by the violation of the	1355
rule.	1356

(B) The attorney general, upon the written request of the	1357
chief, shall bring appropriate legal action in Franklin county	1358
against any person who fails to comply with an order of the chief	1359
issued pursuant to division (G) of section 1511.02 of the Revised	1360
Code.	1361

Sec. 1511.071. There is hereby created in the state treasury	1362
the agricultural pollution abatement fund, which shall be	1363
administered by the chief of the division of soil and water	1364
resources. The fund may be used to pay costs incurred by the	1365
division under division (A)(3) of section 1511.07 of the Revised	1366
Code in investigating, mitigating, minimizing, removing, or	1367
abating any pollution of the waters of the state caused by	1368
agricultural pollution or an unauthorized release, spill, or	1369
discharge of ~~animal waste~~manure into or upon the environment that	1370
requires emergency action to protect the public health.	1371

Any person responsible for causing or allowing agricultural	1372
pollution or an unauthorized release, spill, or discharge is	1373
liable to the chief for any costs incurred by the division and	1374
soil and water conservation districts in investigating,	1375
mitigating, minimizing, removing, or abating the agricultural	1376
pollution or release, spill, or discharge, regardless of whether	1377
those costs were paid out of the agricultural pollution abatement	1378
fund or any other fund of the division or a district. Upon the	1379
request of the chief, the attorney general shall bring a civil	1380
action against the responsible person to recover those costs.	1381
Moneys recovered under this section shall be paid into the	1382
agricultural pollution abatement fund.	1383

Sec. 1515.01. As used in this chapter:

1384

(A) "Soil and water conservation district" means a district	1385
organized in accordance with this chapter.	1386

(B) "Supervisor" means one of the members of the governing	1387
body of a district.	1388

(C) "Landowner," "owner," or "owner of land" means an owner	1389
of record as shown by the records in the office of the county	1390
recorder. With respect to an improvement or a proposed	1391
improvement, "landowner," "owner," or "owner of land" also	1392
includes any public corporation and the director of any	1393
department, office, or institution of the state that is affected	1394
by the improvement or that would be affected by the proposed	1395
improvement, but that does not own any right, title, estate, or	1396
interest in or to any real property.	1397

(D) "Land occupier" or "occupier of land" means any person,	1398
firm, or corporation that controls the use of land whether as	1399
landowner, lessee, renter, or tenant.	1400

(E) "Due notice" means notice published at least twice,	1401
stating time and place, with an interval of at least thirteen days	1402
between the two publication dates, in a newspaper of general	1403
circulation within a soil and water conservation district.	1404

(F) "Agricultural pollution" ~~means failure to use management~~	1405
~~or conservation practices in farming or silvicultural operations~~	1406
~~to abate wind or water erosion of the soil or to abate the~~	1407
~~degradation of the waters of the state by animal waste or soil~~	1408
~~sediment including substances attached thereto~~has the same	1409
meaning as in section 1511.01 of the Revised Code.	1410

(G) "Urban sediment pollution" means failure to use	1411
management or conservation practices to abate wind or water	1412
erosion of the soil or to abate the degradation of the waters of	1413
the state by soil sediment in conjunction with land grading,	1414
excavating, filling, or other soil disturbing activities on land	1415
used or being developed for nonfarm commercial, industrial,	1416
residential, or other nonfarm purposes, except lands being used in	1417
a strip mine operation as defined in section 1513.01 of the	1418
Revised Code and except lands being used in a surface mining	1419
operation as defined in section 1514.01 of the Revised Code.	1420

(H) "Uniform assessment" means an assessment that is both of	1421
the following:	1422

(1) Based upon a complete appraisal of each parcel of land,	1423
together with all improvements thereon, within a project area and	1424
of the benefits or damages brought about as a result of the	1425
project that is determined by criteria applied equally to all	1426
parcels within the project area;	1427

(2) Levied upon the parcels at a uniform rate on the basis of	1428
the appraisal.	1429

(I) "Varied assessment" means any assessment that does not	1430
meet the criteria established in division (H) of this section.	1431

(J) "Project area" means an area determined and certified by	1432
the supervisors of a soil and water conservation district under	1433
section 1515.19 of the Revised Code.	1434

(K) "Benefit" or "benefits" means advantages to land and	1435
owners, to public corporations, and to the state resulting from	1436
drainage, conservation, control, and management of water and from	1437
environmental, wildlife, and recreational improvements. "Benefit"	1438
or "benefits" includes, but is not limited to, any of the	1439
following factors:	1440

(1) Elimination or reduction of damage from flooding;

1441

(2) Removal of water conditions that jeopardize public	1442
health, safety, or welfare;	1443

(3) Increased value of land resulting from an improvement;

1444

(4) Use of water for irrigation, storage, regulation of	1445
stream flow, soil conservation, water supply, or any other	1446
incidental purpose;	1447

(5) Providing an outlet for the accelerated runoff from	1448
artificial drainage if a stream, watercourse, channel, or ditch	1449
that is under improvement is called upon to discharge functions	1450
for which it was not designed. Uplands that have been removed from	1451
their natural state by deforestation, cultivation, artificial	1452
drainage, urban development, or other human methods shall be	1453
considered to be benefited by an improvement that is required to	1454
dispose of the accelerated flow of water from the uplands.	1455

(L) "Improvement" or "conservation works of improvement"	1456
means an improvement that is made under the authority established	1457
in division (C) of section 1515.08 of the Revised Code.	1458

(M) "Land" has the same meaning as in section 6131.01 of the	1459
Revised Code.	1460

Sec. 1515.02. There is hereby established in the department	1461
of natural resources the Ohio soil and water conservation	1462
commission. The commission shall consist of seven members of equal	1463
status and authority, ~~four~~six of whom shall be appointed by the	1464
governor with the advice and consent of the senate, and one of	1465
whom shall be designated by resolution of the board of directors	1466
of the Ohio federation of soil and water conservation districts.	1467
The ~~other two members shall be the director~~directors of	1468
agriculture, environmental protection, and natural resources and	1469
the vice-president for agricultural administration of the Ohio	1470
state university~~. The director of natural resources may~~	1471
~~participate in the deliberations~~or their designees may serve as	1472
ex officio members of the commission, but without the power to	1473
vote. A vacancy in the office of an appointed member shall be	1474
filled by the governor, with the advice and consent of the senate.	1475
Any member appointed to fill a vacancy occurring prior to the	1476
expiration of the term for which the member's predecessor was	1477
appointed shall hold office for the remainder of that term. Of the	1478
appointed members, ~~two~~four shall be farmers and all shall be	1479
persons who have a knowledge of or interest in soil- and	1480
water-related topics and the natural resources of the state. Not	1481
more than ~~two~~three of the appointed members shall be members of	1482
the same political party.	1483

Terms of office of the member designated by the board of	1484
directors of the federation and the members appointed by the	1485
governor shall be for four years, commencing on the first day of	1486
July and ending on the thirtieth day of June.	1487

Each appointed member shall hold office from the date of	1488
appointment until the end of the term for which the member was	1489
appointed. Any appointed member shall continue in office	1490
subsequent to the expiration date of the member's term until the	1491
member's successor takes office, or until a period of sixty days	1492
has elapsed, whichever occurs first.	1493

The commission shall organize by selecting from its members a	1494
chairperson and a vice-chairperson. The commission shall hold at	1495
least one regular meeting in each quarter of each calendar year	1496
and shall keep a record of its proceedings, which shall be open to	1497
the public for inspection. Special meetings may be called by the	1498
chairperson and shall be called by the chairperson upon receipt of	1499
a written request signed by two or more members of the commission.	1500
Written notice of the time and place of each meeting shall be sent	1501
to each member of the commission. A majority of the commission	1502
shall constitute a quorum.	1503

The commission may adopt rules as necessary to carry out the	1504
purposes of this chapter, subject to Chapter 119. of the Revised	1505
Code.	1506

The governor may remove any appointed member of the	1507
commission at any time for inefficiency, neglect of duty, or	1508
malfeasance in office, after giving to the member a copy of the	1509
charges against the member and an opportunity to be heard publicly	1510
in person or by counsel in the member's defense. Any such act of	1511
removal by the governor is final. A statement of the findings of	1512
the governor, the reason for the governor's action, and the	1513
answer, if any, of the member shall be filed by the governor with	1514
the secretary of state and shall be open to public inspection.	1515

All members of the commission shall be reimbursed for the	1516
necessary expenses incurred by them in the performance of their	1517
duties as members.	1518

Upon recommendation by the commission, the director of	1519
natural resources shall designate an executive secretary and	1520
provide staff necessary to carry out the powers and duties of the	1521
commission. ~~The commission may utilize the services of such staff~~	1522
~~members in the college of agriculture of the Ohio state university~~	1523
~~as may be agreed upon by the commission and the college.~~	1524

The commission shall do all of the following:

1525

(A) Determine distribution of funds under section 1515.14 of	1526
the Revised Code, recommend to the director of natural resources	1527
and other agencies the levels of appropriations to special funds	1528
established to assist soil and water conservation districts, and	1529
recommend the amount of federal funds to be requested and policies	1530
for the use of such funds in support of soil and water	1531
conservation district programs;	1532

(B) Assist in keeping the supervisors of soil and water	1533
conservation districts informed of their powers and duties,	1534
program opportunities, and the activities and experience of all	1535
other districts, and facilitate the interchange of advice,	1536
experience, and cooperation between the districts;	1537

(C) Seek the cooperation and assistance of the federal	1538
government or any of its agencies, and of agencies of this state,	1539
in the work of the districts;	1540

(D) Adopt appropriate rules governing the conduct of	1541
elections provided for in this chapter, subject to Chapter 119. of	1542
the Revised Code, provided that only owners and occupiers of lands	1543
situated within the boundaries of the districts or proposed	1544
districts to which the elections apply shall be eligible to vote	1545
in the elections;	1546

(E) Recommend to the director priorities for planning and	1547
construction of small watershed projects, and make recommendations	1548
to the director concerning coordination of programs as proposed	1549
and implemented in agreements with soil and water conservation	1550
districts;	1551

(F) Recommend to the director, the governor, and the general	1552
assembly programs and legislation with respect to the operations	1553
of soil and water conservation districts that will encourage	1554
proper soil, water, and other natural resource management and	1555
promote the economic and social development of the state.	1556

Sec. 1515.08. The supervisors of a soil and water	1557
conservation district have the following powers in addition to	1558
their other powers:	1559

(A) To conduct surveys, investigations, and research relating	1560
to the character of soil erosion, floodwater and sediment damages,	1561
and the preventive and control measures and works of improvement	1562
for flood prevention and the conservation, development,	1563
utilization, and disposal of water needed within the district, and	1564
to publish the results of those surveys, investigations, or	1565
research, provided that no district shall initiate any research	1566
program except in cooperation or after consultation with the Ohio	1567
agricultural research and development center;	1568

(B) To develop plans for the conservation of soil resources,	1569
for the control and prevention of soil erosion, and for works of	1570
improvement for flood prevention and the conservation,	1571
development, utilization, and disposal of water within the	1572
district, and to publish those plans and information;	1573

(C) To implement, construct, repair, maintain, and operate	1574
preventive and control measures and other works of improvement for	1575
natural resource conservation and development and flood	1576
prevention, and the conservation, development, utilization, and	1577
disposal of water within the district on lands owned or controlled	1578
by this state or any of its agencies and on any other lands within	1579
the district, which works may include any facilities authorized	1580
under state or federal programs, and to acquire, by purchase or	1581
gift, to hold, encumber, or dispose of, and to lease real and	1582
personal property or interests in such property for those	1583
purposes;	1584

(D) To cooperate or enter into agreements with any occupier	1585
of lands within the district in the carrying on of natural	1586
resource conservation operations and works of improvement for	1587
flood prevention and the conservation, development, utilization,	1588
and management of natural resources within the district, subject	1589
to such conditions as the supervisors consider necessary;	1590

(E) To accept donations, gifts, grants, and contributions in	1591
money, service, materials, or otherwise, and to use or expend them	1592
according to their terms;	1593

(F) To adopt, amend, and rescind rules to carry into effect	1594
the purposes and powers of the district;	1595

(G) To sue and plead in the name of the district, and be sued	1596
and impleaded in the name of the district, with respect to its	1597
contracts and, as indicated in section 1515.081 of the Revised	1598
Code, certain torts of its officers, employees, or agents acting	1599
within the scope of their employment or official responsibilities,	1600
or with respect to the enforcement of its obligations and	1601
covenants made under this chapter;	1602

(H) To make and enter into all contracts, leases, and	1603
agreements and execute all instruments necessary or incidental to	1604
the performance of the duties and the execution of the powers of	1605
the district under this chapter, provided that all of the	1606
following apply:	1607

(1) Except as provided in section 307.86 of the Revised Code	1608
regarding expenditures by boards of county commissioners, when the	1609
cost under any such contract, lease, or agreement, other than	1610
compensation for personal services or rental of office space,	1611
involves an expenditure of more than the amount established in	1612
that section regarding expenditures by boards of county	1613
commissioners, the supervisors shall make a written contract with	1614
the lowest and best bidder after advertisement, for not less than	1615
two nor more than four consecutive weeks preceding the day of the	1616
opening of bids, in a newspaper of general circulation within the	1617
district or as provided in section 7.16 of the Revised Code and in	1618
such other publications as the supervisors determine. The notice	1619
shall state the general character of the work and materials to be	1620
furnished, the place where plans and specifications may be	1621
examined, and the time and place of receiving bids.	1622

(2) Each bid for a contract shall contain the full name of	1623
every person interested in it.	1624

(3) Each bid for a contract for the construction, demolition,	1625
alteration, repair, or reconstruction of an improvement shall meet	1626
the requirements of section 153.54 of the Revised Code.	1627

(4) Each bid for a contract, other than a contract for the	1628
construction, demolition, alteration, repair, or reconstruction of	1629
an improvement, at the discretion of the supervisors, may be	1630
accompanied by a bond or certified check on a solvent bank in an	1631
amount not to exceed five per cent of the bid, conditioned that,	1632
if the bid is accepted, a contract shall be entered into.	1633

(5) The supervisors may reject any and all bids.

1634

(I) To make agreements with the department of natural	1635
resources giving it control over lands of the district for the	1636
purpose of construction of improvements by the department under	1637
section 1501.011 of the Revised Code;	1638

(J) To charge, alter, and collect rentals and other charges	1639
for the use or services of any works of the district;	1640

(K) To enter, either in person or by designated	1641
representatives, upon lands, private or public, in the necessary	1642
discharge of their duties;	1643

(L) To enter into agreements or contracts with the department	1644
for the determination, implementation, inspection, and funding of	1645
agricultural pollution abatement and urban sediment pollution	1646
abatement measures whereby landowners, operators, managers, and	1647
developers may meet adopted state standards for a quality	1648
environment, except that failure of a district board of	1649
supervisors to negotiate an agreement or contract with the	1650
department shall authorize the division of soil and water	1651
resources to implement the required program;	1652

(M) To conduct demonstrations and provide information to the	1653
public regarding practices and methods for natural resource	1654
conservation, development, and utilization;	1655

(N) To enter into contracts or agreements with the chief of	1656
the division of soil and water resources to implement and	1657
administer a program for urban sediment pollution abatement and to	1658
receive and expend moneys provided by the chief for that purpose;	1659

(O) To develop operation and management plans~~, as defined in~~	1660
under section ~~1511.01~~1511.021 of the Revised Code, as necessary;	1661

(P) ~~To determine whether operation and management plans~~	1662
~~developed under division (A) of section 1511.021 of the Revised~~	1663
~~Code comply with the standards established under division (E)(1)~~	1664
~~of section 1511.02 of the Revised Code and to approve or~~	1665
~~disapprove the plans, based on such compliance. If an operation~~	1666
~~and management plan is disapproved, the board shall provide a~~	1667
~~written explanation to the person who submitted the plan. The~~	1668
~~person may appeal the plan disapproval to the chief, who shall~~	1669
~~afford the person a hearing. Following the hearing, the chief~~	1670
~~shall uphold the plan disapproval or reverse it. If the chief~~	1671
~~reverses the plan disapproval, the plan shall be deemed approved~~	1672
~~under this division. In the event that any person operating or~~	1673
~~owning agricultural land or a concentrated animal feeding~~	1674
~~operation in accordance with an approved operation and management~~	1675
~~plan who, in good faith, is following that plan, causes~~	1676
~~agricultural pollution, the plan shall be revised in a fashion~~	1677
~~necessary to mitigate the agricultural pollution, as determined~~	1678
~~and approved by the board of supervisors of the soil and water~~	1679
~~conservation district.~~	1680

~~(Q)~~ With regard to composting conducted in conjunction with	1681
agricultural operations, to do all of the following:	1682

(1) Upon request or upon their own initiative, inspect	1683
composting at any such operation to determine whether the	1684
composting is being conducted in accordance with section ~~1511.022~~	1685
1511.024 of the Revised Code;	1686

(2) If the board determines that composting is not being so	1687
conducted, request the chief to issue an order under division (G)	1688
of section 1511.02 of the Revised Code requiring the person who is	1689
conducting the composting to prepare a composting plan in	1690
accordance with rules adopted under division (E)(8)(c) of that	1691
section and to operate in accordance with that plan or to operate	1692
in accordance with a previously prepared plan, as applicable;	1693

(3) In accordance with rules adopted under division (E)(8)(c)	1694
of section 1511.02 of the Revised Code, review and approve or	1695
disapprove any such composting plan. If a plan is disapproved, the	1696
board shall provide a written explanation to the person who	1697
submitted the plan.	1698

As used in division ~~(Q)~~(P) of this section, "composting" has	1699
the same meaning as in section 1511.01 of the Revised Code.	1700

~~(R)~~(Q) With regard to conservation activities that are	1701
conducted in conjunction with agricultural operations, to assist	1702
the county auditor, upon request, in determining whether a	1703
conservation activity is a conservation practice for purposes of	1704
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	1705
Revised Code.	1706

As used in this division, "conservation practice" has the	1707
same meaning as in section 5713.30 of the Revised Code.	1708

~~(S)~~(R) To do all acts necessary or proper to carry out the	1709
powers granted in this chapter.	1710

The director of natural resources shall make recommendations	1711
to reduce the adverse environmental effects of each project that a	1712
soil and water conservation district plans to undertake under	1713
division (A), (B), (C), or (D) of this section and that will be	1714
funded in whole or in part by moneys authorized under section	1715
1515.16 of the Revised Code and shall disapprove any such project	1716
that the director finds will adversely affect the environment	1717
without equal or greater benefit to the public. The director's	1718
disapproval or recommendations, upon the request of the district	1719
filed in accordance with rules adopted by the Ohio soil and water	1720
conservation commission, shall be reviewed by the commission,	1721
which may confirm the director's decision, modify it, or add	1722
recommendations to or approve a project the director has	1723
disapproved.	1724

Any instrument by which real property is acquired pursuant to	1725
this section shall identify the agency of the state that has the	1726
use and benefit of the real property as specified in section	1727
5301.012 of the Revised Code.	1728

Sec. 3717.53. (A) As used in this section:

1729

(1) "Food nutrition information" includes, but is not limited	1730
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,	1731
potassium, protein, vitamin, mineral, allergen, and sodium content	1732
of food. "Food nutrition information" also includes the	1733
designation of food as healthy or unhealthy.	1734

(2) "Political subdivision" and "local legislation" have the	1735
same meanings as in section ~~905.501~~905.503 of the Revised Code.	1736

(3) "Consumer incentive item" means any licensed media	1737
character, toy, game, trading card, contest, point accumulation,	1738
club membership, admission ticket, token, code or password for	1739
digital access, coupon, voucher, incentive, crayons, coloring	1740
placemat, or other premium, prize, or consumer product that is	1741
associated with a meal served by or acquired from a food service	1742
operation.	1743

(B) The director of agriculture has sole and exclusive	1744
authority in this state to regulate the provision of food	1745
nutrition information and consumer incentive items at food service	1746
operations. The director may adopt rules for that purpose in	1747
accordance with Chapter 119. of the Revised Code, including rules	1748
that establish a schedule of civil penalties for violations of	1749
this section and rules adopted under it. Subject to the approval	1750
of the joint committee on agency rule review, portions of the	1751
rules may be adopted by referencing all or any part of any federal	1752
regulations pertaining to the provision of food nutrition	1753
information and consumer incentive items.	1754

The regulation of the provision of food nutrition information	1755
and consumer incentive items at food service operations and how	1756
food service operations are characterized are matters of general	1757
statewide interest that require statewide regulation, and rules	1758
adopted under this section constitute a comprehensive plan with	1759
respect to all aspects of the regulation of the provision of food	1760
nutrition information and consumer incentive items at food service	1761
operations in this state. Rules adopted under this section shall	1762
be applied uniformly throughout this state.	1763

1764

(1) Enact, adopt, or continue in effect local legislation	1765
relating to the provision or nonprovision of food nutrition	1766
information or consumer incentive items at food service	1767
operations;	1768

(2) Condition a license, a permit, or regulatory approval on	1769
the provision or nonprovision of food nutrition information or	1770
consumer incentive items at food service operations;	1771

(3) Ban, prohibit, or otherwise restrict food at food service	1772
operations based on the food nutrition information or on the	1773
provision or nonprovision of consumer incentive items;	1774

(4) Condition a license, a permit, or regulatory approval for	1775
a food service operation on the existence or nonexistence of	1776
food-based health disparities;	1777

(5) Where food service operations are permitted to operate,	1778
ban, prohibit, or otherwise restrict a food service operation	1779
based on the existence or nonexistence of food-based health	1780
disparities as recognized by the department of health, the	1781
national institute of health, or the centers for disease control.	1782

Sec. 3734.02. (A) The director of environmental protection,	1783
in accordance with Chapter 119. of the Revised Code, shall adopt	1784
and may amend, suspend, or rescind rules having uniform	1785
application throughout the state governing solid waste facilities	1786
and the inspections of and issuance of permits and licenses for	1787
all solid waste facilities in order to ensure that the facilities	1788
will be located, maintained, and operated, and will undergo	1789
closure and post-closure care, in a sanitary manner so as not to	1790
create a nuisance, cause or contribute to water pollution, create	1791
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	1792
257.3-8, as amended. The rules may include, without limitation,	1793
financial assurance requirements for closure and post-closure care	1794
and corrective action and requirements for taking corrective	1795
action in the event of the surface or subsurface discharge or	1796
migration of explosive gases or leachate from a solid waste	1797
facility, or of ground water contamination resulting from the	1798
transfer or disposal of solid wastes at a facility, beyond the	1799
boundaries of any area within a facility that is operating or is	1800
undergoing closure or post-closure care where solid wastes were	1801
disposed of or are being disposed of. The rules shall not concern	1802
or relate to personnel policies, salaries, wages, fringe benefits,	1803
or other conditions of employment of employees of persons owning	1804
or operating solid waste facilities. The director, in accordance	1805
with Chapter 119. of the Revised Code, shall adopt and may amend,	1806
suspend, or rescind rules governing the issuance, modification,	1807
revocation, suspension, or denial of variances from the director's	1808
solid waste rules, including, without limitation, rules adopted	1809
under this chapter governing the management of scrap tires.	1810

Variances shall be issued, modified, revoked, suspended, or	1811
rescinded in accordance with this division, rules adopted under	1812
it, and Chapter 3745. of the Revised Code. The director may order	1813
the person to whom a variance is issued to take such action within	1814
such time as the director may determine to be appropriate and	1815
reasonable to prevent the creation of a nuisance or a hazard to	1816
the public health or safety or the environment. Applications for	1817
variances shall contain such detail plans, specifications, and	1818
information regarding objectives, procedures, controls, and other	1819
pertinent data as the director may require. The director shall	1820
grant a variance only if the applicant demonstrates to the	1821
director's satisfaction that construction and operation of the	1822
solid waste facility in the manner allowed by the variance and any	1823
terms or conditions imposed as part of the variance will not	1824
create a nuisance or a hazard to the public health or safety or	1825
the environment. In granting any variance, the director shall	1826
state the specific provision or provisions whose terms are to be	1827
varied and also shall state specific terms or conditions imposed	1828
upon the applicant in place of the provision or provisions. The	1829
director may hold a public hearing on an application for a	1830
variance or renewal of a variance at a location in the county	1831
where the operations that are the subject of the application for	1832
the variance are conducted. The director shall give not less than	1833
twenty days' notice of the hearing to the applicant by certified	1834
mail or by another type of mail accompanied by a receipt and shall	1835
publish at least one notice of the hearing in a newspaper with	1836
general circulation in the county where the hearing is to be held.	1837
The director shall make available for public inspection at the	1838
principal office of the environmental protection agency a current	1839
list of pending applications for variances and a current schedule	1840
of pending variance hearings. The director shall make a complete	1841
stenographic record of testimony and other evidence submitted at	1842
the hearing. Within ten days after the hearing, the director shall	1843
make a written determination to issue, renew, or deny the variance	1844
and shall enter the determination and the basis for it into the	1845
record of the hearing. The director shall issue, renew, or deny an	1846
application for a variance or renewal of a variance within six	1847
months of the date upon which the director receives a complete	1848
application with all pertinent information and data required. No	1849
variance shall be issued, revoked, modified, or denied until the	1850
director has considered the relative interests of the applicant,	1851
other persons and property affected by the variance, and the	1852
general public. Any variance granted under this division shall be	1853
for a period specified by the director and may be renewed from	1854
time to time on such terms and for such periods as the director	1855
determines to be appropriate. No application shall be denied and	1856
no variance shall be revoked or modified without a written order	1857
stating the findings upon which the denial, revocation, or	1858
modification is based. A copy of the order shall be sent to the	1859
applicant or variance holder by certified mail or by another type	1860
of mail accompanied by a receipt.	1861

(B) The director shall prescribe and furnish the forms	1862
necessary to administer and enforce this chapter. The director may	1863
cooperate with and enter into agreements with other state, local,	1864
or federal agencies to carry out the purposes of this chapter. The	1865
director may exercise all incidental powers necessary to carry out	1866
the purposes of this chapter.	1867

The director may use moneys in the infectious waste	1868
management fund created in section 3734.021 of the Revised Code	1869
exclusively for administering and enforcing the provisions of this	1870
chapter governing the management of infectious wastes.	1871

(C) Except as provided in this division and divisions (N)(2)	1872
and (3) of this section, no person shall establish a new solid	1873
waste facility or infectious waste treatment facility, or modify	1874
an existing solid waste facility or infectious waste treatment	1875
facility, without submitting an application for a permit with	1876
accompanying detail plans, specifications, and information	1877
regarding the facility and method of operation and receiving a	1878
permit issued by the director, except that no permit shall be	1879
required under this division to install or operate a solid waste	1880
facility for sewage sludge treatment or disposal when the	1881
treatment or disposal is authorized by a current permit issued	1882
under Chapter 3704. or 6111. of the Revised Code.	1883

No person shall continue to operate a solid waste facility	1884
for which the director has denied a permit for which an	1885
application was required under division (A)(3) of section 3734.05	1886
of the Revised Code, or for which the director has disapproved	1887
plans and specifications required to be filed by an order issued	1888
under division (A)(5) of that section, after the date prescribed	1889
for commencement of closure of the facility in the order issued	1890
under division (A)(6) of section 3734.05 of the Revised Code	1891
denying the permit application or approval.	1892

On and after the effective date of the rules adopted under	1893
division (A) of this section and division (D) of section 3734.12	1894
of the Revised Code governing solid waste transfer facilities, no	1895
person shall establish a new, or modify an existing, solid waste	1896
transfer facility without first submitting an application for a	1897
permit with accompanying engineering detail plans, specifications,	1898
and information regarding the facility and its method of operation	1899
to the director and receiving a permit issued by the director.	1900

No person shall establish a new compost facility or continue	1901
to operate an existing compost facility that accepts exclusively	1902
source separated yard wastes without submitting a completed	1903
registration for the facility to the director in accordance with	1904
rules adopted under divisions (A) and (N)(3) of this section.	1905

This division does not apply to a generator of infectious	1906
wastes that does any of the following:	1907

(1) Treats, by methods, techniques, and practices established	1908
by rules adopted under division (B)(2)(a) of section 3734.021 of	1909
the Revised Code, any of the following:	1910

(a) Infectious wastes that are generated on any premises that	1911
are owned or operated by the generator;	1912

(b) Infectious wastes that are generated by a generator who	1913
has staff privileges at a hospital as defined in section 3727.01	1914
of the Revised Code;	1915

(c) Infectious wastes that are generated in providing care to	1916
a patient by an emergency medical services organization as defined	1917
in section 4765.01 of the Revised Code.	1918

(2) Holds a license or renewal of a license to operate a	1919
crematory facility issued under Chapter 4717. and a permit issued	1920
under Chapter 3704. of the Revised Code;	1921

(3) Treats or disposes of dead animals or parts thereof, or	1922
the blood of animals, and is subject to any of the following:	1923

(a) Inspection under the "Federal Meat Inspection Act," 81	1924
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	1925

(b) Chapter 918. of the Revised Code;

1926

1927

(D) Neither this chapter nor any rules adopted under it apply	1928
to single-family residential premises; to infectious wastes	1929
generated by individuals for purposes of their own care or	1930
treatment; to the temporary storage of solid wastes, other than	1931
scrap tires, prior to their collection for disposal; to the	1932
storage of one hundred or fewer scrap tires unless they are stored	1933
in such a manner that, in the judgment of the director or the	1934
board of health of the health district in which the scrap tires	1935
are stored, the storage causes a nuisance, a hazard to public	1936
health or safety, or a fire hazard; or to the collection of solid	1937
wastes, other than scrap tires, by a political subdivision or a	1938
person holding a franchise or license from a political subdivision	1939
of the state; to composting, as defined in section 1511.01 of the	1940
Revised Code, conducted in accordance with section ~~1511.022~~	1941
1511.024 of the Revised Code; or to any person who is licensed to	1942
transport raw rendering material to a compost facility pursuant to	1943
section 953.23 of the Revised Code.	1944

(E)(1) As used in this division:

1945

(a) "On-site facility" means a facility that stores, treats,	1946
or disposes of hazardous waste that is generated on the premises	1947
of the facility.	1948

(b) "Off-site facility" means a facility that stores, treats,	1949
or disposes of hazardous waste that is generated off the premises	1950
of the facility and includes such a facility that is also an	1951
on-site facility.	1952

1953

(i) An on-site facility that also receives hazardous waste	1954
from other premises owned by the same person who generates the	1955
waste on the facility premises;	1956

(ii) An off-site facility operated so that all of the	1957
hazardous waste it receives is generated on one or more premises	1958
owned by the person who owns the facility;	1959

(iii) An on-site facility that also receives hazardous waste	1960
that is transported uninterruptedly and directly to the facility	1961
through a pipeline from a generator who is not the owner of the	1962
facility.	1963

(2) Except as provided in division (E)(3) of this section, no	1964
person shall establish or operate a hazardous waste facility, or	1965
use a solid waste facility for the storage, treatment, or disposal	1966
of any hazardous waste, without a hazardous waste facility	1967
installation and operation permit issued in accordance with	1968
section 3734.05 of the Revised Code and subject to the payment of	1969
an application fee not to exceed one thousand five hundred	1970
dollars, payable upon application for a hazardous waste facility	1971
installation and operation permit and upon application for a	1972
renewal permit issued under division (H) of section 3734.05 of the	1973
Revised Code, to be credited to the hazardous waste facility	1974
management fund created in section 3734.18 of the Revised Code.	1975
The term of a hazardous waste facility installation and operation	1976
permit shall not exceed ten years.	1977

In addition to the application fee, there is hereby levied an	1978
annual permit fee to be paid by the permit holder upon the	1979
anniversaries of the date of issuance of the hazardous waste	1980
facility installation and operation permit and of any subsequent	1981
renewal permits and to be credited to the hazardous waste facility	1982
management fund. Annual permit fees totaling forty thousand	1983
dollars or more for any one facility may be paid on a quarterly	1984
basis with the first quarterly payment each year being due on the	1985
anniversary of the date of issuance of the hazardous waste	1986
facility installation and operation permit and of any subsequent	1987
renewal permits. The annual permit fee shall be determined for	1988
each permit holder by the director in accordance with the	1989
following schedule:	1990

TYPE OF BASIC			1991
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	1992
Storage facility using:			1993
Containers	On-site, off-site, and		1994
	satellite	$ 500	1995
Tanks	On-site, off-site, and		1996
	satellite	500	1997
Waste pile	On-site, off-site, and		1998
	satellite	3,000	1999
Surface impoundment	On-site and satellite	8,000	2000
	Off-site	10,000	2001
Disposal facility using:			2002
Deep well injection	On-site and satellite	15,000	2003
	Off-site	25,000	2004
Landfill	On-site and satellite	25,000	2005
	Off-site	40,000	2006
Land application	On-site and satellite	2,500	2007
	Off-site	5,000	2008
Surface impoundment	On-site and satellite	10,000	2009
	Off-site	20,000	2010
Treatment facility using:			2011
Tanks	On-site, off-site, and		2012
	satellite	700	2013
Surface impoundment	On-site and satellite	8,000	2014
	Off-site	10,000	2015
Incinerator	On-site and satellite	5,000	2016
	Off-site	10,000	2017
Other forms			2018
of treatment	On-site, off-site, and		2019
	satellite	1,000	2020

A hazardous waste disposal facility that disposes of	2021
hazardous waste by deep well injection and that pays the annual	2022
permit fee established in section 6111.046 of the Revised Code is	2023
not subject to the permit fee established in this division for	2024
disposal facilities using deep well injection unless the director	2025
determines that the facility is not in compliance with applicable	2026
requirements established under this chapter and rules adopted	2027
under it.	2028

In determining the annual permit fee required by this	2029
section, the director shall not require additional payments for	2030
multiple units of the same method of storage, treatment, or	2031
disposal or for individual units that are used for both storage	2032
and treatment. A facility using more than one method of storage,	2033
treatment, or disposal shall pay the permit fee indicated by the	2034
schedule for each such method.	2035

The director shall not require the payment of that portion of	2036
an annual permit fee of any permit holder that would apply to a	2037
hazardous waste management unit for which a permit has been	2038
issued, but for which construction has not yet commenced. Once	2039
construction has commenced, the director shall require the payment	2040
of a part of the appropriate fee indicated by the schedule that	2041
bears the same relationship to the total fee that the number of	2042
days remaining until the next anniversary date at which payment of	2043
the annual permit fee is due bears to three hundred sixty-five.	2044

The director, by rules adopted in accordance with Chapters	2045
119. and 3745. of the Revised Code, shall prescribe procedures for	2046
collecting the annual permit fee established by this division and	2047
may prescribe other requirements necessary to carry out this	2048
division.	2049

(3) The prohibition against establishing or operating a	2050
hazardous waste facility without a hazardous waste facility	2051
installation and operation permit does not apply to either of the	2052
following:	2053

(a) A facility that is operating in accordance with a permit	2054
renewal issued under division (H) of section 3734.05 of the	2055
Revised Code, a revision issued under division (I) of that section	2056
as it existed prior to August 20, 1996, or a modification issued	2057
by the director under division (I) of that section on and after	2058
August 20, 1996;	2059

(b) Except as provided in division (J) of section 3734.05 of	2060
the Revised Code, a facility that will operate or is operating in	2061
accordance with a permit by rule, or that is not subject to permit	2062
requirements, under rules adopted by the director. In accordance	2063
with Chapter 119. of the Revised Code, the director shall adopt,	2064
and subsequently may amend, suspend, or rescind, rules for the	2065
purposes of division (E)(3)(b) of this section. Any rules so	2066
adopted shall be consistent with and equivalent to regulations	2067
pertaining to interim status adopted under the "Resource	2068
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	2069
6921, as amended, except as otherwise provided in this chapter.	2070

If a modification is requested or proposed for a facility	2071
described in division (E)(3)(a) or (b) of this section, division	2072
(I)(7) of section 3734.05 of the Revised Code applies.	2073

(F) No person shall store, treat, or dispose of hazardous	2074
waste identified or listed under this chapter and rules adopted	2075
under it, regardless of whether generated on or off the premises	2076
where the waste is stored, treated, or disposed of, or transport	2077
or cause to be transported any hazardous waste identified or	2078
listed under this chapter and rules adopted under it to any other	2079
premises, except at or to any of the following:	2080

(1) A hazardous waste facility operating under a permit	2081
issued in accordance with this chapter;	2082

(2) A facility in another state operating under a license or	2083
permit issued in accordance with the "Resource Conservation and	2084
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	2085
amended;	2086

(3) A facility in another nation operating in accordance with	2087
the laws of that nation;	2088

(4) A facility holding a permit issued pursuant to Title I of	2089
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	2090
Stat. 1052, 33 U.S.C.A. 1401, as amended;	2091

(5) A hazardous waste facility as described in division	2092
(E)(3)(a) or (b) of this section.	2093

(G) The director, by order, may exempt any person generating,	2094
collecting, storing, treating, disposing of, or transporting solid	2095
wastes, infectious wastes, or hazardous waste, or processing solid	2096
wastes that consist of scrap tires, in such quantities or under	2097
such circumstances that, in the determination of the director, are	2098
unlikely to adversely affect the public health or safety or the	2099
environment from any requirement to obtain a registration	2100
certificate, permit, or license or comply with the manifest system	2101
or other requirements of this chapter. Such an exemption shall be	2102
consistent with and equivalent to any regulations adopted by the	2103
administrator of the United States environmental protection agency	2104
under the "Resource Conservation and Recovery Act of 1976," 90	2105
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	2106
provided in this chapter.	2107

(H) No person shall engage in filling, grading, excavating,	2108
building, drilling, or mining on land where a hazardous waste	2109
facility, or a solid waste facility, was operated without prior	2110
authorization from the director, who shall establish the procedure	2111
for granting such authorization by rules adopted in accordance	2112
with Chapter 119. of the Revised Code.	2113

A public utility that has main or distribution lines above or	2114
below the land surface located on an easement or right-of-way	2115
across land where a solid waste facility was operated may engage	2116
in any such activity within the easement or right-of-way without	2117
prior authorization from the director for purposes of performing	2118
emergency repair or emergency replacement of its lines; of the	2119
poles, towers, foundations, or other structures supporting or	2120
sustaining any such lines; or of the appurtenances to those	2121
structures, necessary to restore or maintain existing public	2122
utility service. A public utility may enter upon any such easement	2123
or right-of-way without prior authorization from the director for	2124
purposes of performing necessary or routine maintenance of those	2125
portions of its existing lines; of the existing poles, towers,	2126
foundations, or other structures sustaining or supporting its	2127
lines; or of the appurtenances to any such supporting or	2128
sustaining structure, located on or above the land surface on any	2129
such easement or right-of-way. Within twenty-four hours after	2130
commencing any such emergency repair, replacement, or maintenance	2131
work, the public utility shall notify the director or the	2132
director's authorized representative of those activities and shall	2133
provide such information regarding those activities as the	2134
director or the director's representative may request. Upon	2135
completion of the emergency repair, replacement, or maintenance	2136
activities, the public utility shall restore any land of the solid	2137
waste facility disturbed by those activities to the condition	2138
existing prior to the commencement of those activities.	2139

(I) No owner or operator of a hazardous waste facility, in	2140
the operation of the facility, shall cause, permit, or allow the	2141
emission therefrom of any particulate matter, dust, fumes, gas,	2142
mist, smoke, vapor, or odorous substance that, in the opinion of	2143
the director, unreasonably interferes with the comfortable	2144
enjoyment of life or property by persons living or working in the	2145
vicinity of the facility, or that is injurious to public health.	2146
Any such action is hereby declared to be a public nuisance.	2147

(J) Notwithstanding any other provision of this chapter, in	2148
the event the director finds an imminent and substantial danger to	2149
public health or safety or the environment that creates an	2150
emergency situation requiring the immediate treatment, storage, or	2151
disposal of hazardous waste, the director may issue a temporary	2152
emergency permit to allow the treatment, storage, or disposal of	2153
the hazardous waste at a facility that is not otherwise authorized	2154
by a hazardous waste facility installation and operation permit to	2155
treat, store, or dispose of the waste. The emergency permit shall	2156
not exceed ninety days in duration and shall not be renewed. The	2157
director shall adopt, and may amend, suspend, or rescind, rules in	2158
accordance with Chapter 119. of the Revised Code governing the	2159
issuance, modification, revocation, and denial of emergency	2160
permits.	2161

(K) Except for infectious wastes generated by a person who	2162
produces fewer than fifty pounds of infectious wastes at a	2163
premises during any one month, no owner or operator of a sanitary	2164
landfill shall knowingly accept for disposal, or dispose of, any	2165
infectious wastes that have not been treated to render them	2166
noninfectious.	2167

(L) The director, in accordance with Chapter 119. of the	2168
Revised Code, shall adopt, and may amend, suspend, or rescind,	2169
rules having uniform application throughout the state establishing	2170
a training and certification program that shall be required for	2171
employees of boards of health who are responsible for enforcing	2172
the solid waste and infectious waste provisions of this chapter	2173
and rules adopted under them and for persons who are responsible	2174
for the operation of solid waste facilities or infectious waste	2175
treatment facilities. The rules shall provide all of the	2176
following, without limitation:	2177

(1) The program shall be administered by the director and	2178
shall consist of a course on new solid waste and infectious waste	2179
technologies, enforcement procedures, and rules;	2180

(2) The course shall be offered on an annual basis;

2181

(3) Those persons who are required to take the course under	2182
division (L) of this section shall do so triennially;	2183

(4) Persons who successfully complete the course shall be	2184
certified by the director;	2185

(5) Certification shall be required for all employees of	2186
boards of health who are responsible for enforcing the solid waste	2187
or infectious waste provisions of this chapter and rules adopted	2188
under them and for all persons who are responsible for the	2189
operation of solid waste facilities or infectious waste treatment	2190
facilities;	2191

(6)(a) All employees of a board of health who, on the	2192
effective date of the rules adopted under this division, are	2193
responsible for enforcing the solid waste or infectious waste	2194
provisions of this chapter and the rules adopted under them shall	2195
complete the course and be certified by the director not later	2196
than January 1, 1995;	2197

(b) All employees of a board of health who, after the	2198
effective date of the rules adopted under division (L) of this	2199
section, become responsible for enforcing the solid waste or	2200
infectious waste provisions of this chapter and rules adopted	2201
under them and who do not hold a current and valid certification	2202
from the director at that time shall complete the course and be	2203
certified by the director within two years after becoming	2204
responsible for performing those activities.	2205

No person shall fail to obtain the certification required	2206
under this division.	2207

(M) The director shall not issue a permit under section	2208
3734.05 of the Revised Code to establish a solid waste facility,	2209
or to modify a solid waste facility operating on December 21,	2210
1988, in a manner that expands the disposal capacity or geographic	2211
area covered by the facility, that is or is to be located within	2212
the boundaries of a state park established or dedicated under	2213
Chapter 1541. of the Revised Code, a state park purchase area	2214
established under section 1541.02 of the Revised Code, any unit of	2215
the national park system, or any property that lies within the	2216
boundaries of a national park or recreation area, but that has not	2217
been acquired or is not administered by the secretary of the	2218
United States department of the interior, located in this state,	2219
or any candidate area located in this state and identified for	2220
potential inclusion in the national park system in the edition of	2221
the "national park system plan" submitted under paragraph (b) of	2222
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	2223
U.S.C.A. 1a-5, as amended, current at the time of filing of the	2224
application for the permit, unless the facility or proposed	2225
facility is or is to be used exclusively for the disposal of solid	2226
wastes generated within the park or recreation area and the	2227
director determines that the facility or proposed facility will	2228
not degrade any of the natural or cultural resources of the park	2229
or recreation area. The director shall not issue a variance under	2230
division (A) of this section and rules adopted under it, or issue	2231
an exemption order under division (G) of this section, that would	2232
authorize any such establishment or expansion of a solid waste	2233
facility within the boundaries of any such park or recreation	2234
area, state park purchase area, or candidate area, other than a	2235
solid waste facility exclusively for the disposal of solid wastes	2236
generated within the park or recreation area when the director	2237
determines that the facility will not degrade any of the natural	2238
or cultural resources of the park or recreation area.	2239

(N)(1) The rules adopted under division (A) of this section,	2240
other than those governing variances, do not apply to scrap tire	2241
collection, storage, monocell, monofill, and recovery facilities.	2242
Those facilities are subject to and governed by rules adopted	2243
under sections 3734.70 to 3734.73 of the Revised Code, as	2244
applicable.	2245

(2) Division (C) of this section does not apply to scrap tire	2246
collection, storage, monocell, monofill, and recovery facilities.	2247
The establishment and modification of those facilities are subject	2248
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	2249
Code, as applicable.	2250

(3) The director may adopt, amend, suspend, or rescind rules	2251
under division (A) of this section creating an alternative system	2252
for authorizing the establishment, operation, or modification of a	2253
solid waste compost facility in lieu of the requirement that a	2254
person seeking to establish, operate, or modify a solid waste	2255
compost facility apply for and receive a permit under division (C)	2256
of this section and section 3734.05 of the Revised Code and a	2257
license under division (A)(1) of that section. The rules may	2258
include requirements governing, without limitation, the	2259
classification of solid waste compost facilities, the submittal of	2260
operating records for solid waste compost facilities, and the	2261
creation of a registration or notification system in lieu of the	2262
issuance of permits and licenses for solid waste compost	2263
facilities. The rules shall specify the applicability of divisions	2264
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	2265
Code to a solid waste compost facility.	2266

(O)(1) As used in this division, "secondary aluminum waste"	2267
means waste material or byproducts, when disposed of, containing	2268
aluminum generated from secondary aluminum smelting operations and	2269
consisting of dross, salt cake, baghouse dust associated with	2270
aluminum recycling furnace operations, or dry-milled wastes.	2271

(2) The owner or operator of a sanitary landfill shall not	2272
dispose of municipal solid waste that has been commingled with	2273
secondary aluminum waste.	2274

(3) The owner or operator of a sanitary landfill may dispose	2275
of secondary aluminum waste, but only in a monocell or monofill	2276
that has been permitted for that purpose in accordance with this	2277
chapter and rules adopted under it.	2278

Sec. 3734.029. (A)(1) Except as otherwise provided in	2279
division (A)(2) of this section, the standards of quality for	2280
compost products established in rules adopted under division (A)	2281
of section 3734.028 of the Revised Code apply to compost products	2282
produced by a facility composting dead animals that is subject to	2283
section ~~1511.022~~1511.024 of the Revised Code in addition to	2284
compost products produced by facilities subject to this chapter.	2285

(2) The standards of quality established in rules adopted	2286
under division (A) of section 3734.028 of the Revised Code do not	2287
apply to the use, distribution for use, or giving away of the	2288
compost products produced by a composting facility subject to	2289
section ~~1511.022~~1511.024 of the Revised Code when either of the	2290
following applies:	2291

(a) The composting is conducted by the person who raises the	2292
animals and the compost product is used in agricultural operations	2293
owned or operated by that person, regardless of whether the person	2294
owns the animals;.	2295

(b) The composting is conducted by the person who owns the	2296
animals, but does not raise them and the compost product is used	2297
in agricultural operations either by a person who raises the	2298
animals or by a person who raises grain that is used to feed them	2299
and that is supplied by the owner of the animals.	2300

(B) No owner or operator of a composting facility that is	2301
subject to regulation under section ~~1511.022~~1511.024 of the	2302
Revised Code shall sell or offer for sale at retail or wholesale,	2303
distribute for use, or give away any compost product that does not	2304
comply with the standard of quality applicable under division (A)	2305
of this section for the use for which the product is being sold,	2306
offered for sale, distributed, or given away.	2307

No person shall violate this division.

2308

Section 2. That existing sections 903.25, 905.31, 905.32,	2309
905.34, 905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48,	2310
905.49, 905.50, 905.501, 905.99, 907.111, 921.06, 921.11, 921.16,	2311
941.14, 953.22, 1511.01, 1511.02, 1511.021, 1511.022, 1511.07,	2312
1511.071, 1515.01, 1515.02, 1515.08, 3717.53, 3734.02, and	2313
3734.029 of the Revised Code are hereby repealed.	2314

Section 3. (A) In accordance with the amendment of section	2315
1515.02 of the Revised Code by this act, the Governor shall	2316
appoint two additional members to the Ohio Soil and Water	2317
Conservation Commission established in that section, as amended by	2318
this act, not later than thirty days after the effective date of	2319
this section as follows:	2320

(1) One member shall be appointed for a term ending June 30,	2321
2015.	2322

(2) One member shall be appointed for a term ending June 30,	2323
2016.	2324

Thereafter, terms of office for the additional members shall	2325
be for four years, each term ending on the same day of the same	2326
month of the year as did the term that it succeeds. Those	2327
additional members may be reappointed in accordance with section	2328
1515.02 of the Revised Code, as amended by this act.	2329

(B) The Soil and Water Conservation Commission established in	2330
section 1515.02 of the Revised Code, as amended by this act, is a	2331
continuation of the Soil and Water Conservation Commission	2332
established in that section prior to its amendment by this act.	2333