To amend sections 1511.021, 3745.04, 6111.03, 6111.035, 6111.036, 6111.04, and 6111.44 and to enact sections 307.203, 505.266, 903.01, 903.02, 903.021, 903.03 to 903.18, and 903.99 of the Revised Code to transfer authority to issue permits for the construction of new or modification of existing concentrated animal feeding operations from the Director of Environmental Protection to the Director of Agriculture, to provide for the regulation of concentrated animal feeding operations, to transfer authority to issue national pollutant discharge elimination system permits for agricultural operations and certain other entities from the Director of Environmental Protection to the Director of Agriculture, to require certain existing concentrated animal feeding operations to obtain review compliance certificates, and to make an appropriation.

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

Sec. 307.203. (A) AS USED IN THIS SECTION:

(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING OPERATION," AND "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 903.01 of the Revised Code.

(2) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR BOTH OF COUNTY INFRASTRUCTURE.

(3) "OPERATION" MEANS A PROPOSED NEW OR EXPANDED MAJOR CONCENTRATED ANIMAL FEEDING OPERATION.

(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL MEET WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH AN OPERATION IS OR IS TO BE LOCATED:

(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING OPERATION;

(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 of the Revised Code, AS APPLICABLE;

(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 of the Revised Code, AS APPLICABLE, AND TO A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS.

(C) IN ORDER TO INITIATE A MEETING WITH THE BOARD, THE PERSON SHALL NOTIFY THE BOARD OF THE PROPOSED CONSTRUCTION OR EXPANSION OF THE OPERATION NOT LATER THAN TEN DAYS PRIOR TO A REGULAR OR SPECIAL SESSION OF THE BOARD. THE PERSON ALSO SHALL SUBMIT THE FOLLOWING INFORMATION:

(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND FROM THE OPERATION;

(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES TRAVELING TO AND FROM THE OPERATION.

IF THE BOARD RECEIVES A TIMELY NOTICE UNDER THIS DIVISION, IT SHALL SCHEDULE THE MEETING.

THE MEETING WITH THE BOARD MAY BE CONDUCTED JOINTLY WITH THE MEETING WITH THE BOARD OF TOWNSHIP TRUSTEES THAT IS REQUIRED UNDER SECTION 505.266 OF THE REVISED CODE. SUCH A JOINT MEETING SHALL BE CONDUCTED NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE REQUIRED UNDER THIS DIVISION.

(D) AT THE MEETING, THE BOARD AND THE PERSON SHALL DISCUSS THE POTENTIAL IMPACTS OF THE OPERATION ON COUNTY INFRASTRUCTURE. AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY ATTEND THE MEETING AND ADVISE THE BOARD ON BOTH OF THE FOLLOWING:

(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON COUNTY INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE OPERATION, INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON COUNTY ROADS;

(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND MAINTENANCE.

FOLLOWING THE MEETING, THE BOARD MAY REQUEST THE PERSON TO PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING THE IMPACT OF THE OPERATION ON COUNTY INFRASTRUCTURE. THE PERSON SHALL RESPOND IN A TIMELY MANNER.

(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE MEETING, THE BOARD SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS CONCERNING THE IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE OPERATION AND THE COST OF THOSE IMPROVEMENTS.

(2) NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE BOARD'S RECOMMENDATIONS, THE PERSON SHALL NOTIFY THE BOARD EITHER THAT THE PERSON AGREES WITH THE RECOMMENDATIONS AND WILL IMPLEMENT THEM OR THAT THE PERSON IS SUBMITTING REASONABLE ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS TO THE BOARD. IF THE PERSON AGREES WITH THE RECOMMENDATIONS, THEY SHALL BE CONSIDERED TO BE THE BOARD'S FINAL RECOMMENDATIONS.

(3) IF THE BOARD RECEIVES ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS UNDER DIVISION (E)(2) OF THIS SECTION, THE BOARD SHALL SELECT FINAL RECOMMENDATIONS AND SUBMIT THEM TO THE PERSON NOT LATER THAN THIRTY DAYS AFTER THE RECEIPT OF THE ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS.

(F) THE BOARD SHALL PREPARE A WRITTEN, DATED STATEMENT CERTIFYING THAT THE MEETING REQUIRED UNDER THIS SECTION OCCURRED AND THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING NEEDED IMPROVEMENTS AND THE COSTS OF THOSE IMPROVEMENTS. THE BOARD SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO THAT THE PERSON CAN INCLUDE IT WITH THE APPLICATION FOR A PERMIT FOR THE OPERATION AS REQUIRED UNDER DIVISION (D)(8) OF SECTION 903.02 OF THE REVISED CODE. THE BOARD SHALL RETAIN A COPY OF THE STATEMENT FOR ITS RECORDS.

(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL RECOMMENDATIONS.

IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS.

(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY THE OPERATION, OR IF THE ROUTES OF TRAVEL TO OR FROM THE OPERATION CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY THE COUNTY, THE BOARD OR THE PERSON MAY REQUEST A MEETING AND SHALL PROCEED AS PROVIDED IN THIS SECTION FOR THE ORIGINAL MEETING.

Sec. 505.266. (A) AS USED IN THIS SECTION:

(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING OPERATION," AND "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 903.01 OF THE REVISED CODE.

(2) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR BOTH OF TOWNSHIP INFRASTRUCTURE.

(3) "OPERATION" MEANS A PROPOSED NEW OR EXPANDED MAJOR CONCENTRATED ANIMAL FEEDING OPERATION.

(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL MEET WITH THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH AN OPERATION IS OR IS TO BE LOCATED:

(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING OPERATION;

(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING MAJOR CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE;

(3) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION BY TEN PER CENT OR MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR MODIFICATION OF THE OPERATION OR FOR INSTALLATION OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE OPERATION ISSUED UNDER SECTION 903.02 OR DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE, AS APPLICABLE, AND TO A DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS.

(C) IN ORDER TO INITIATE A MEETING WITH THE BOARD, THE PERSON SHALL NOTIFY THE BOARD OF THE PROPOSED CONSTRUCTION OR EXPANSION OF THE OPERATION NOT LATER THAN TEN DAYS PRIOR TO A REGULAR OR SPECIAL SESSION OF THE BOARD. THE PERSON ALSO SHALL SUBMIT THE FOLLOWING INFORMATION:

(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND FROM THE OPERATION;

(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES TRAVELING TO AND FROM THE OPERATION.

IF THE BOARD RECEIVES A TIMELY NOTICE UNDER THIS DIVISION, IT SHALL SCHEDULE THE MEETING.

THE MEETING WITH THE BOARD MAY BE CONDUCTED JOINTLY WITH THE MEETING WITH THE BOARD OF COUNTY COMMISSIONERS THAT IS REQUIRED UNDER SECTION 307.203 OF THE REVISED CODE. SUCH A JOINT MEETING SHALL BE CONDUCTED NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE REQUIRED UNDER THIS DIVISION.

(D) AT THE MEETING, THE BOARD AND THE PERSON SHALL DISCUSS THE POTENTIAL IMPACTS OF THE OPERATION ON TOWNSHIP INFRASTRUCTURE. AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY ATTEND THE MEETING AND ADVISE THE BOARD ON BOTH OF THE FOLLOWING:

(1) IMPROVEMENTS AND MAINTENANCE OF IMPROVEMENTS THAT ARE REASONABLY NEEDED IN ORDER TO ACCOMMODATE THE IMPACT ON TOWNSHIP INFRASTRUCTURE THAT IS ANTICIPATED AS A RESULT OF THE OPERATION, INCLUDING INCREASED TRAVEL OR THE TYPES OF VEHICLES ON TOWNSHIP ROADS;

(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND MAINTENANCE.

FOLLOWING THE MEETING, THE BOARD MAY REQUEST THE PERSON TO PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING THE IMPACT OF THE OPERATION ON TOWNSHIP INFRASTRUCTURE. THE PERSON SHALL RESPOND IN A TIMELY MANNER.

(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE MEETING, THE BOARD SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS CONCERNING THE IMPROVEMENTS THAT WILL BE NEEDED AS A RESULT OF THE OPERATION AND THE COST OF THOSE IMPROVEMENTS.

(2) NOT LATER THAN FIFTEEN DAYS AFTER RECEIPT OF THE BOARD'S RECOMMENDATIONS, THE PERSON SHALL NOTIFY THE BOARD EITHER THAT THE PERSON AGREES WITH THE RECOMMENDATIONS AND WILL IMPLEMENT THEM OR THAT THE PERSON IS SUBMITTING REASONABLE ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS TO THE BOARD. IF THE PERSON AGREES WITH THE RECOMMENDATIONS, THEY SHALL BE CONSIDERED TO BE THE BOARD'S FINAL RECOMMENDATIONS.

(3) IF THE BOARD RECEIVES ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS UNDER DIVISION (E)(2) OF THIS SECTION, THE BOARD SHALL SELECT FINAL RECOMMENDATIONS AND SUBMIT THEM TO THE PERSON NOT LATER THAN THIRTY DAYS AFTER THE RECEIPT OF THE ALTERNATIVE RECOMMENDATIONS OR MODIFICATIONS.

(F) THE BOARD SHALL PREPARE A WRITTEN, DATED STATEMENT CERTIFYING THAT THE MEETING REQUIRED UNDER THIS SECTION OCCURRED AND THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING NEEDED IMPROVEMENTS AND THE COSTS OF THOSE IMPROVEMENTS. THE BOARD SHALL PROVIDE THE PERSON WITH THE ORIGINAL OF THE STATEMENT SO THAT THE PERSON CAN INCLUDE IT WITH THE APPLICATION FOR A PERMIT FOR THE OPERATION AS REQUIRED UNDER DIVISION (D)(8) OF SECTION 903.02 OF THE REVISED CODE. THE BOARD SHALL RETAIN A COPY OF THE STATEMENT FOR ITS RECORDS.

(G) THE PERSON SHALL CONSTRUCT, MODIFY, AND MAINTAIN OR FINANCE THE CONSTRUCTION, MODIFICATION, AND MAINTENANCE OF IMPROVEMENTS AS PROVIDED IN THE BOARD'S FINAL RECOMMENDATIONS AND WITH THE APPROVAL AND OVERSIGHT OF THE COUNTY ENGINEER. IF THE PERSON FAILS TO DO SO, THE BOARD SHALL NOTIFY THE PERSON BY CERTIFIED MAIL THAT THE BOARD INTENDS TO INITIATE MEDIATION WITH THE PERSON IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL RECOMMENDATIONS.

IF THE PERSON REMAINS OUT OF COMPLIANCE WITH THE FINAL RECOMMENDATIONS, THE BOARD MAY INITIATE MEDIATION WITH THE PERSON IN ORDER TO RESOLVE THE DIFFERENCES BETWEEN THEM. IF MEDIATION FAILS TO RESOLVE THE DIFFERENCES, THE BOARD AND THE PERSON FIRST SHALL ATTEMPT TO RESOLVE THE DIFFERENCES THROUGH ANY LEGAL REMEDIES BEFORE SEEKING REDRESS THROUGH A COURT OF COMMON PLEAS.

(H) IF THE PERSON SUBSEQUENTLY SUBMITS AN APPLICATION UNDER SECTION 903.02 OF THE REVISED CODE FOR A PERMIT TO MODIFY THE OPERATION, OR IF THE ROUTES OF TRAVEL TO OR FROM THE OPERATION CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY THE TOWNSHIP, THE BOARD OR THE PERSON MAY REQUEST A MEETING AND SHALL PROCEED AS PROVIDED IN THIS SECTION FOR THE ORIGINAL MEETING.

Sec. 903.01. AS USED IN THIS CHAPTER:

(A) "AGRICULTURAL OPERATION" MEANS THE ACTIVITIES OF FARMING; RANCHING; AQUACULTURE; APICULTURE; HORTICULTURE; VITICULTURE; ANIMAL HUSBANDRY, INCLUDING THE CARE AND RAISING OF LIVESTOCK, EQUINE, AND FUR-BEARING ANIMALS; POULTRY HUSBANDRY AND THE PRODUCTION OF POULTRY; DAIRY PRODUCTION; THE PRODUCTION OF FIELD CROPS, TOBACCO, FRUITS, VEGETABLES, NURSERY STOCK, ORNAMENTAL SHRUBS, ORNAMENTAL TREES, FLOWERS, SOD, OR MUSHROOMS; TIMBER; PASTURAGE; ANY COMBINATION OF THOSE ACTIVITIES; AND THE PROCESSING, DRYING, STORAGE, AND MARKETING OF AGRICULTURAL PRODUCTS WHEN THOSE ACTIVITIES ARE CONDUCTED IN CONJUNCTION WITH, BUT ARE SECONDARY TO, SUCH HUSBANDRY OR PRODUCTION. "AGRICULTURAL OPERATION" DOES NOT INCLUDE NONAGRICULTURAL ACTIVITIES THAT OCCUR AT AGRICULTURAL FACILITIES SUCH AS THE OPERATION OF SEPTIC SYSTEMS AND THE RELEASE OF WASTE WATERS FROM THE TREATMENT OF WATER SUPPLIES.

(B) "AGRICULTURAL POLLUTANT" MEANS ANY POLLUTANT, AS DEFINED IN THE FEDERAL WATER POLLUTION CONTROL ACT, THAT IS DISCHARGED BY AN AGRICULTURAL OPERATION OR MANURE FROM ANY SOURCE.

(C) "ANIMAL UNIT" MEANS A UNIT OF MEASUREMENT CALCULATED BY ADDING THE FOLLOWING NUMBERS:

(1) THE NUMBER OF SLAUGHTER AND FEEDER CATTLE MULTIPLIED BY ONE;

(2) THE NUMBER OF MATURE DAIRY CATTLE WHETHER MILKED OR DRY MULTIPLIED BY ONE AND FOUR-TENTHS;

(3) THE NUMBER OF SWINE EACH WEIGHING OVER FIFTY-FIVE POUNDS MULTIPLIED BY FOUR-TENTHS;

(4) THE NUMBER OF HORSES MULTIPLIED BY TWO;

(5) THE NUMBER OF SHEEP OR LAMBS MULTIPLIED BY ONE-TENTH;

(6) THE NUMBER OF TURKEYS MULTIPLIED BY TWO-HUNDREDTHS;

(7) THE NUMBER OF LAYING HENS OR BROILERS MULTIPLIED BY ONE-HUNDREDTH;

(8) THE NUMBER OF DUCKS MULTIPLIED BY TWO-TENTHS.

(D) "CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A SITE, TRACT OF LAND, BUILDING, OR STRUCTURE TO WHICH ALL OF THE FOLLOWING APPLY:

(1) ANIMALS, OTHER THAN AQUATIC ANIMALS, HAVE BEEN, ARE, OR WILL BE STABLED OR CONFINED, AND FED OR MAINTAINED, THERE FOR A TOTAL OF FORTY-FIVE DAYS OR MORE DURING ANY TWELVE-MONTH PERIOD.

(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST RESIDUES ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON ON ANY PORTION OF THE SITE OR TRACT OF LAND ON WHICH ARE LOCATED BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED.

(3) BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON THE SITE OR TRACT OF LAND, TOGETHER WITH BUILDINGS OR STRUCTURES IN WHICH ANIMALS ARE STABLED OR CONFINED ON ADJOINING SITES OR TRACTS OF LAND OR ON SITES OR TRACTS OF LAND WITH WHICH IS SHARED A COMMON WASTE DISPOSAL SYSTEM, HAVE A TOTAL DESIGN CAPACITY OF MORE THAN ONE THOUSAND ANIMAL UNITS.

(E) UNLESS THE CONTEXT INDICATES OTHERWISE, "DISCHARGE" MEANS THE ADDITION OF AGRICULTURAL POLLUTANTS FROM A POINT SOURCE INTO WATERS OF THE STATE.

(F) "FEDERAL WATER POLLUTION CONTROL ACT" MEANS THE "FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972," 86 STAT. 816, 33 U.S.C. 1251 ET. SEQ., AS AMENDED, AND REGULATIONS ADOPTED UNDER IT.

(G) "MAJOR CONCENTRATED ANIMAL FEEDING OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF MORE THAN TEN THOUSAND ANIMAL UNITS.

(H) "MANURE" MEANS ANIMAL EXCRETA, DISCARDED PRODUCTS, BEDDING, PROCESS WASTE WATER, PROCESS GENERATED WASTE WATER, WASTE FEED, SILAGE DRAINAGE, AND COMPOST PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE COMPOSTING OF ANIMAL EXCRETA.

(I) "MANURE STORAGE OR TREATMENT FACILITY" MEANS ANY EXCAVATED, DIKED, OR WALLED STRUCTURE OR COMBINATION OF STRUCTURES DESIGNED FOR THE BIOLOGICAL STABILIZATION, HOLDING, OR STORAGE OF MANURE.

(J) "MORTALITY COMPOSTING" MEANS THE CONTROLLED DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE MATERIAL.

(K) "NPDES PERMIT" MEANS A PERMIT ISSUED UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ESTABLISHED IN SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND INCLUDES THE RENEWAL OF SUCH A PERMIT.

(L) "PERSON" MEANS ANY LEGAL ENTITY DEFINED AS A PERSON UNDER SECTION 1.59 of the Revised Code, THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, ANY INTERSTATE BODY CREATED BY COMPACT, THE UNITED STATES, OR ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF ANY OF THOSE ENTITIES.

(M) "POINT SOURCE" HAS THE SAME MEANING AS IN THE FEDERAL WATER POLLUTION CONTROL ACT.

(N) "RULE" MEANS A RULE ADOPTED UNDER SECTION 903.05 of the Revised Code.

(O) "WATERS OF THE STATE" HAS THE SAME MEANING AS IN SECTION 6111.01 of the Revised Code.

Sec. 903.02. (A) AS USED IN THIS SECTION:

(1) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES.

(2) "OPERATION" MEANS A PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION.

(3) "PERMIT" MEANS AN INITIAL PERMIT OR PERMIT MODIFICATION ISSUED UNDER THIS SECTION UNLESS OTHERWISE INDICATED.

(B)(1) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL PREPARE A STATE PROGRAM FOR THE ISSUANCE OF PERMITS UNDER THIS SECTION.

(2) ON AND AFTER THE DATE ON WHICH THE DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS SECTION, NO PERSON SHALL MODIFY AN EXISTING OR CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING OPERATION WITHOUT OBTAINING A PERMIT ISSUED BY THE DIRECTOR UNDER THIS SECTION.

(C) THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY HELP AN APPLICANT FOR A PERMIT DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.

(D) AN APPLICANT FOR AN INITIAL PERMIT SHALL SUBMIT AN APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR PRESCRIBES AND PROVIDES TOGETHER WITH A FEE IN AN AMOUNT ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL OF THE FOLLOWING INFORMATION:

(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS IF THE APPLICANT IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF THE APPLICANT IS A CORPORATION, AND OF ANY OTHER PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE APPLICANT OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF THE APPLICANT;

(2) THE TYPE OF LIVESTOCK AND THE NUMBER OF ANIMAL UNITS THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR MAINTAIN;

(3) DESIGN AND ENGINEERING PLANS FOR THE PROPOSED CONSTRUCTION OF THE OPERATION THAT INCLUDE THE PROPOSED LOCATION OF THE CONSTRUCTION, DESIGN AND ENGINEERING CONSTRUCTION PLANS AND SPECIFICATIONS, ANTICIPATED BEGINNING AND ENDING DATES FOR WORK PERFORMED, AND ANY OTHER INFORMATION THAT THE DIRECTOR REQUIRES BY RULE;

(4) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED BY RULE;

(5) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION PREPARED IN ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE;

(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT REQUIRED TO BE PROVIDED UNDER SECTION 903.03 OF THE REVISED CODE, IF APPLICABLE;

(7) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT WOULD HAVE A TOTAL DESIGN CAPACITY TO RAISE OR MAINTAIN MORE THAN TEN THOUSAND ANIMAL UNITS, WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION IN ACCORDANCE WITH SECTION 903.07 OF THE REVISED CODE;

(8) IN THE CASE OF AN APPLICATION FOR AN OPERATION THAT MEETS THE CRITERIA ESTABLISHED IN SECTIONS 307.203 AND 505.266 OF THE REVISED CODE, WRITTEN STATEMENTS FROM THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE OPERATION WOULD BE LOCATED CERTIFYING THAT, IN ACCORDANCE WITH THOSE SECTIONS, THE APPLICANT HAS MET AND DISCUSSED WITH THE BOARDS THE POTENTIAL IMPACT OF THE NEW OR EXPANDED OPERATION ON COUNTY AND TOWNSHIP ROADS WITHIN THE COUNTY;

(9) A STATEMENT OF THE QUANTITY OF WATER THAT THE OPERATION WILL UTILIZE ON AN AVERAGE DAILY AND ANNUAL BASIS, A DETAILED DESCRIPTION OF THE BASIS FOR THE CALCULATION UTILIZED IN DETERMINING THE QUANTITY OF WATER UTILIZED, AND A STATEMENT IDENTIFYING THE SOURCE FOR THE WATER;

(10) ANY OTHER INFORMATION REQUIRED BY RULE.

INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A PERMIT MODIFICATION, TOGETHER WITH THE APPLICABLE FEE AMOUNT, SHALL BE ESTABLISHED IN RULES.

(E) PRIOR TO ISSUING A PERMIT TO MODIFY AN EXISTING OR CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING OPERATION UNDER THIS SECTION, THE DIRECTOR SHALL ISSUE A DRAFT PERMIT. NOTICE OF THE ISSUANCE OF THE DRAFT PERMIT SHALL BE PUBLISHED ONCE IN NEWSPAPERS OF GENERAL CIRCULATION DETERMINED BY THE DIRECTOR TO PROVIDE REASONABLE NOTICE TO PERSONS THAT MAY BE AFFECTED BY THE ISSUANCE OF THE PERMIT. THE DIRECTOR ALSO MAY SUBMIT NOTICE TO TRADE JOURNALS FOR PUBLICATION. FURTHER, THE DIRECTOR MAY NOTIFY DIRECTLY BY MAIL OR OTHERWISE TRADE ASSOCIATIONS AND OTHER PERSONS THAT MAY BE INTERESTED IN THE ISSUANCE OF THE PERMIT.

THE NOTICE SHALL INCLUDE THE ADDRESS WHERE WRITTEN COMMENTS CONCERNING THE DRAFT PERMIT MAY BE SUBMITTED AND THE PERIOD OF TIME DURING WHICH COMMENTS WILL BE ACCEPTED. IF THE DIRECTOR RECEIVES WRITTEN COMMENTS IN AN AMOUNT THAT DEMONSTRATES SIGNIFICANT PUBLIC INTEREST, AS DEFINED BY RULE, IN THE DRAFT PERMIT, THE DIRECTOR SHALL SCHEDULE A PUBLIC MEETING OR A PUBLIC HEARING. THE PUBLIC MEETING OR HEARING SHALL BE HELD NOT LATER THAN THIRTY DAYS AFTER THE EXPIRATION OF THE PUBLIC COMMENT PERIOD. NOTICE OF THE PUBLIC MEETING OR HEARING SHALL BE PROVIDED IN THE SAME MANNER AS THE NOTICE OF THE ISSUANCE OF THE DRAFT PERMIT AND SHALL BE PROVIDED NOT LATER THAN FOURTEEN DAYS PRIOR TO THE MEETING OR HEARING.

FAILURE OF THE DIRECTOR TO PROVIDE NOTICE UNDER THIS DIVISION DOES NOT INVALIDATE A PERMIT ISSUED UNDER THIS SECTION.

(F) NOT LATER THAN NINETY DAYS AFTER RECEIVING A PERMIT APPLICATION, THE DIRECTOR SHALL ISSUE OR DENY THE PERMIT, EXCEPT THAT IF THE OPERATION ALSO IS REQUIRED TO OBTAIN A NPDES PERMIT UNDER SECTION 903.04 OF THE REVISED CODE, THE DIRECTOR SHALL ISSUE OR DENY THE PERMIT REQUIRED UNDER THIS SECTION NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER RECEIVING THE PERMIT APPLICATION. IF THE PERMIT IS DENIED, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN WRITING OF THE REASON FOR THE DENIAL.

THE DIRECTOR SHALL DENY A PERMIT IF EITHER OF THE FOLLOWING APPLIES:

(1) THE PERMIT APPLICATION CONTAINS INCOMPLETE, MISLEADING, OR FALSE INFORMATION.

(2) THE DESIGN AND ENGINEERING PLANS, MANURE MANAGEMENT PLAN, OR INSECT AND RODENT CONTROL PLAN FAILS TO CONFORM TO BEST MANAGEMENT PRACTICES.

ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE THOSE ESTABLISHED IN THIS CHAPTER AND RULES.

(G) A PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A PERIOD NOT TO EXCEED FIVE YEARS.

(H) A PERMIT ISSUED UNDER THIS SECTION MAY BE RENEWED. AN APPLICATION FOR RENEWAL OF A PERMIT SHALL BE SUBMITTED TO THE DIRECTOR AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION DATE OF THE PERMIT AND SHALL COMPLY WITH THE REQUIREMENTS GOVERNING APPLICATIONS FOR PERMITS ESTABLISHED UNDER THIS SECTION AND BY RULE.

(I) THE DIRECTOR MAY SUSPEND OR REVOKE A PERMIT IN ACCORDANCE WITH RULES.

(J) WHEN OWNERSHIP OF AN OPERATION FOR WHICH A PERMIT HAS BEEN ISSUED UNDER THIS SECTION OR AN INSTALLATION PERMIT HAS BEEN ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE IS TRANSFERRED, THE PERMIT OR INSTALLATION PERMIT IS TRANSFERABLE TO THE NEW OWNER OF THE OPERATION EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 903.03 of the Revised Code. THE NEW OWNER IS NOT REQUIRED TO APPLY FOR A PERMIT SOLELY BECAUSE OWNERSHIP OF THE OPERATION HAS BEEN TRANSFERRED.

(K) THE ISSUANCE, DENIAL, SUSPENSION, OR REVOCATION OF A PERMIT BY THE DIRECTOR MAY BE APPEALED TO THE ENVIRONMENTAL REVIEW APPEALS COMMISSION AS PROVIDED IN SECTIONS 3745.04 TO 3745.06 OF THE REVISED CODE.

(L) NOTHING IN THIS CHAPTER AFFECTS SECTION 1521.16 of the Revised Code.

Sec. 903.021. (A) AS USED IN THIS SECTION, "EXISTING CONCENTRATED ANIMAL FEEDING OPERATION" OR "EXISTING OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION THAT WAS IN EXISTENCE PRIOR TO THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF SECTION 903.02 OF THE REVISED CODE AND THAT HAS RECEIVED A PERMIT TO INSTALL UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE PRIOR TO THAT DATE.

(B) ON AND AFTER TWO YEARS AFTER THE DATE ON WHICH THE DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF SECTION 903.02 OF THE REVISED CODE, NO PERSON SHALL OPERATE AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION WITHOUT A REVIEW COMPLIANCE CERTIFICATE ISSUED UNDER THIS SECTION.

NOT LATER THAN TWO YEARS AFTER THE DATE ON WHICH THE DIRECTOR HAS FINALIZED THE PROGRAM, BOTH OF THE FOLLOWING APPLY:

(1) THE DIRECTOR SHALL REVIEW THE PERMIT TO INSTALL THAT WAS ISSUED TO AN EXISTING OPERATION UNDER DIVISION (J)(1) OF SECTION 6111.01 OF THE REVISED CODE AND SHALL INSPECT THE OPERATION TO DETERMINE IF IT IS IN COMPLIANCE WITH THAT PERMIT.

(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF THIS SECTION, THE OWNER OR OPERATOR OF AN EXISTING OPERATION SHALL FURNISH ALL OF THE FOLLOWING TO THE DIRECTOR ON A FORM PRESCRIBED BY THE DIRECTOR:

(a) THE NAME AND ADDRESS OF THE OWNER, OF ALL PARTNERS IF THE OWNER IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF THE OWNER IS A CORPORATION, AND OF ANY OTHER PERSON WHO HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE OPERATION OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF THE OPERATION;

(b) THE TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS THAT THE OPERATION WOULD HAVE THE DESIGN CAPACITY TO RAISE OR MAINTAIN;

(c) A MANURE MANAGEMENT PLAN FOR THE OPERATION THAT CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE GENERATED AT THE OPERATION AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED BY RULE;

(d) AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION PREPARED IN ACCORDANCE WITH SECTION 903.09 OF THE REVISED CODE;

(e) IN THE CASE OF A MAJOR CONCENTRATED ANIMAL FEEDING OPERATION, WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE AT THE OPERATION HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION IN ACCORDANCE WITH SECTION 903.07 OF THE REVISED CODE.

THE OWNER OR OPERATOR NEED NOT FURNISH ANY INFORMATION OTHERWISE REQUIRED UNDER DIVISION (B)(2) OF THIS SECTION IF THAT INFORMATION IS INCLUDED IN THE PERMIT TO INSTALL THAT WAS ISSUED FOR THE EXISTING OPERATION.

(C) AFTER A REVIEW OF THE EXISTING PERMIT TO INSTALL, AN INSPECTION OF THE OPERATION, AND A REVIEW OF THE INFORMATION FURNISHED UNDER DIVISION (B)(2) OF THIS SECTION, AND UPON DETERMINING THAT THE EXISTING OPERATION IS BEING OPERATED IN A MANNER THAT PROTECTS THE WATERS OF THE STATE AND MINIMIZES THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS AT THE OPERATION AND IN SURROUNDING AREAS, THE DIRECTOR SHALL ISSUE A REVIEW COMPLIANCE CERTIFICATE TO THE OPERATION. IN ISSUING THE CERTIFICATE, THE DIRECTOR SHALL CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS. THE DIRECTOR SHALL NOT REQUIRE A SIGNIFICANT CAPITAL EXPENDITURE, AS DEFINED BY RULE, BY THE OPERATION BEFORE ISSUING A CERTIFICATE.

(D)(1) A REVIEW COMPLIANCE CERTIFICATE IS VALID FOR A PERIOD NOT TO EXCEED FIVE YEARS. THE DIRECTOR SHALL RENEW THE CERTIFICATE ISSUED TO AN EXISTING OPERATION UNLESS A COURT WITH COMPETENT JURISDICTION HAS FINALLY DETERMINED THAT THE OPERATION HAS VIOLATED THIS CHAPTER OR RULES ADOPTED UNDER IT DURING THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD.

(2) THE DIRECTOR MAY REVOKE A CERTIFICATE ISSUED TO AN EXISTING OPERATION IF A COURT WITH COMPETENT JURISDICTION HAS FINALLY DETERMINED THAT THE OPERATION HAS VIOLATED THIS CHAPTER OR RULES ADOPTED UNDER IT DURING THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD. AN EXISTING OPERATION WHOSE CERTIFICATE WAS REVOKED SHALL OBTAIN A PERMIT UNDER SECTION 903.02 AND, IF APPLICABLE, SECTION 903.04 OF THE REVISED CODE IN ORDER TO RESUME OPERATIONS.

(E) AN EXISTING OPERATION THAT IS ISSUED A CERTIFICATE UNDER THIS SECTION SHALL COMPLY WITH ALL STATE AND FEDERAL LAWS.

(F)(1) A REVIEW COMPLIANCE CERTIFICATE SHALL NOT BE CONSIDERED A NEW PERMIT OR A MODIFICATION OF AN EXISTING PERMIT REQUIRING PUBLIC NOTICE OR HEARING.

(2) THE ISSUANCE OF A CERTIFICATE IS NOT SUBJECT TO APPEAL UNDER CHAPTER 119. OR SECTIONS 3745.04 TO 3745.06 OF THE REVISED CODE.

Sec. 903.03. (A) EACH APPLICATION FOR A PERMIT ISSUED UNDER SECTION 903.02 OF THE REVISED CODE THAT IS SUBMITTED BY AN APPLICANT WHO HAS NOT OPERATED A CONCENTRATED ANIMAL FEEDING OPERATION IN THIS STATE FOR AT LEAST TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION SHALL BE ACCOMPANIED BY ALL OF THE FOLLOWING:

(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING OPERATIONS THAT THE OWNER OR OPERATOR OF THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION HAS OPERATED OR IS OPERATING IN THIS STATE;

(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING OPERATIONS THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING ELSEWHERE IN THE UNITED STATES AND THAT ARE REGULATED UNDER THE FEDERAL WATER POLLUTION CONTROL ACT;

(3) A LISTING OF ALL ADMINISTRATIVE ENFORCEMENT ORDERS ISSUED TO THE OWNER OR OPERATOR, ALL CIVIL ACTIONS IN WHICH THE OWNER OR OPERATOR WAS DETERMINED BY THE TRIER OF FACT TO BE LIABLE IN DAMAGES OR WAS THE SUBJECT OF INJUNCTIVE RELIEF OR ANOTHER TYPE OF CIVIL RELIEF, AND ALL CRIMINAL ACTIONS IN WHICH THE OWNER OR OPERATOR PLEADED GUILTY OR WAS CONVICTED, DURING THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION, IN CONNECTION WITH ANY VIOLATION OF THE FEDERAL WATER POLLUTION CONTROL ACT THAT WAS ALLEGED TO HAVE OCCURRED OR TO BE OCCURRING AT ANY CONCENTRATED ANIMAL FEEDING OPERATION THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING IN THE UNITED STATES.

THE LISTS OF CONCENTRATED ANIMAL FEEDING OPERATIONS OPERATED BY THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE SHALL INCLUDE, RESPECTIVELY, ALL SUCH OPERATIONS OPERATED BY THE OWNER OR OPERATOR DURING THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION.

(B) IF THE APPLICANT FOR A PERMIT HAS BEEN INVOLVED IN ANY PRIOR ACTIVITY INVOLVING THE OPERATION OF A CONCENTRATED ANIMAL FEEDING OPERATION, THE DIRECTOR OF AGRICULTURE MAY DENY THE APPLICATION IF THE DIRECTOR FINDS FROM THE APPLICATION, THE INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE DIRECTOR'S DISCRETION THAT THE APPLICANT AND PERSONS ASSOCIATED WITH THE APPLICANT, IN THE OPERATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS, HAVE A HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT INDICATES THAT THE APPLICANT LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.

(C) A PERSON WHO SEEKS TO ACQUIRE A CONCENTRATED ANIMAL FEEDING OPERATION THAT HAS BEEN ISSUED A PERMIT UNDER THIS CHAPTER SHALL SUBMIT TO THE DIRECTOR THE INFORMATION SPECIFIED IN DIVISIONS (A)(1) TO (3) OF THIS SECTION PRIOR TO THE TRANSFER OF THE PERMIT. THE PERMIT SHALL NOT BE TRANSFERRED AS OTHERWISE PROVIDED IN DIVISION (J) OF SECTION 903.02 OR DIVISION (L) OF SECTION 903.04 of the Revised Code IF THE DIRECTOR FINDS FROM THE INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3) OF THIS SECTION, PERTINENT INFORMATION SUBMITTED TO THE DIRECTOR, AND OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE DIRECTOR'S DISCRETION THAT THE PERSON, IN THE OPERATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS, HAS A HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT THAT INDICATES THAT THE PERSON LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE CONCENTRATED ANIMAL FEEDING OPERATION IN SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.

Sec. 903.04. (A)(1) ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO PERSON SHALL DISCHARGE AN AGRICULTURAL POLLUTANT FROM A POINT SOURCE INTO WATERS OF THE STATE WITHOUT OBTAINING A NPDES PERMIT ISSUED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION.

(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION UNDER DIVISION (J) OF SECTION 6111.03 OF THE REVISED CODE FOR THE DISCHARGE OF AGRICULTURAL POLLUTANTS FROM A POINT SOURCE PRIOR TO THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (M)(2) OF THIS SECTION.

(B)(1) ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO PERSON SHALL DISCHARGE STORM WATER RESULTING FROM AN AGRICULTURAL OPERATION WITHOUT A NPDES PERMIT ISSUED BY THE DIRECTOR OF AGRICULTURE AS REQUIRED BY RULES AND THE FEDERAL WATER POLLUTION CONTROL ACT.

(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION UNDER CHAPTER 6111. OF THE REVISED CODE FOR THE DISCHARGE OF STORM WATER RESULTING FROM AN AGRICULTURAL OPERATION PRIOR TO THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (M)(2) OF THIS SECTION.

(C) THE DIRECTOR OF AGRICULTURE SHALL ISSUE GENERAL NPDES PERMITS IN LIEU OF INDIVIDUAL PERMITS FOR POINT SOURCES THAT ARE SUBJECT TO THIS SECTION WHERE PRACTICAL AND TO THE EXTENT CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT.

(D) THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH TERMS AND CONDITIONS OF NPDES PERMITS IN ACCORDANCE WITH RULES. TERMS AND CONDITIONS SHALL BE DESIGNED TO ACHIEVE AND MAINTAIN FULL COMPLIANCE WITH NATIONAL EFFLUENT LIMITATIONS, NATIONAL STANDARDS OF PERFORMANCE FOR NEW SOURCES, THE MOST CURRENT WATER QUALITY STANDARDS ADOPTED UNDER SECTION 6111.041 of the Revised Code, THE MOST CURRENT ANTIDEGRADATION POLICY ESTABLISHED BY RULE, AND OTHER REQUIREMENTS OF THE FEDERAL WATER POLLUTION CONTROL ACT. IN ESTABLISHING THE TERMS AND CONDITIONS OF A PERMIT, THE DIRECTOR, TO THE EXTENT CONSISTENT WITH THAT ACT, SHALL CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS AND SHALL ALLOW A REASONABLE PERIOD OF TIME FOR COMING INTO COMPLIANCE WITH THE PERMIT.

(E)(1) NO PERSON SHALL VIOLATE ANY EFFLUENT LIMITATION ESTABLISHED BY RULE.

(2) NO PERSON SHALL VIOLATE ANY OTHER PROVISION OF A NPDES PERMIT ISSUED UNDER THIS SECTION.

(3) COMPLIANCE WITH A NPDES PERMIT ISSUED UNDER THIS SECTION CONSTITUTES COMPLIANCE WITH THIS SECTION.

(F) IN ACCORDANCE WITH RULES, AN APPLICANT FOR A NPDES PERMIT ISSUED UNDER THIS SECTION SHALL SUBMIT AN APPLICATION FOR THE PERMIT TO THE DIRECTOR OF AGRICULTURE ON A FORM PRESCRIBED BY THE DIRECTOR TOGETHER WITH A FEE IN AN AMOUNT ESTABLISHED BY RULE. THE APPLICATION SHALL INCLUDE ANY INFORMATION REQUIRED BY RULE. THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY ASSIST AN APPLICANT FOR A NPDES PERMIT DURING THE APPLICATION PROCESS BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.

(G) THE DIRECTOR OF AGRICULTURE SHALL ISSUE OR DENY AN APPLICATION FOR A NPDES PERMIT UNDER THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH THE DIRECTOR RECEIVES THE APPLICATION FOR THE PERMIT. THE DIRECTOR SHALL DENY AN APPLICATION IF ANY OF THE FOLLOWING APPLIES:

(1) THE APPLICATION CONTAINS MISLEADING OR FALSE INFORMATION.

(2) THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OBJECTS IN WRITING TO THE ISSUANCE OF THE PERMIT IN ACCORDANCE WITH SECTION 402(d) OF THE FEDERAL WATER POLLUTION CONTROL ACT.

(3) THE DIRECTOR DETERMINES THAT THE PROPOSED DISCHARGE OR SOURCE WOULD CONFLICT WITH AN AREAWIDE WASTE TREATMENT MANAGEMENT PLAN ADOPTED IN ACCORDANCE WITH SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT.

ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT SHALL BE THOSE ESTABLISHED IN THIS CHAPTER AND RULES.

(H) A NPDES PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A PERIOD NOT TO EXCEED FIVE YEARS.

(I) A NPDES PERMIT ISSUED UNDER THIS SECTION MAY BE RENEWED. AN APPLICATION FOR RENEWAL OF A NPDES PERMIT SHALL BE SUBMITTED TO THE DIRECTOR OF AGRICULTURE AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION DATE OF THE PERMIT AND SHALL COMPLY WITH THE REQUIREMENTS GOVERNING APPLICATIONS FOR NPDES PERMITS ESTABLISHED UNDER THIS SECTION AND BY RULE. AN APPLICATION FOR RENEWAL SHALL BE ISSUED OR DENIED IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION.

(J)(1) NO PERSON SHALL MAKE ANY FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION IN AN APPLICATION FOR A NPDES PERMIT OR PERMIT RENEWAL OR IN ANY FORM, NOTICE, OR REPORT REQUIRED TO BE SUBMITTED TO THE DIRECTOR PURSUANT TO TERMS AND CONDITIONS ESTABLISHED IN A NPDES PERMIT ISSUED UNDER THIS SECTION. VIOLATION OF DIVISION (J)(1) OF THIS SECTION IS NOT FALSIFICATION UNDER SECTION 2921.13 of the Revised Code.

(2) NO PERSON SHALL RENDER INACCURATE ANY MONITORING METHOD OR DEVICE THAT IS REQUIRED UNDER THE TERMS AND CONDITIONS OF A NPDES PERMIT ISSUED UNDER THIS SECTION.

(K) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A NPDES PERMIT ISSUED UNDER THIS SECTION FOR CAUSE AS ESTABLISHED BY RULE. NO NPDES PERMIT ISSUED UNDER THIS SECTION SHALL BE MODIFIED, SUSPENDED, OR REVOKED WITHOUT A WRITTEN ORDER STATING THE FINDINGS THAT LED TO THE MODIFICATION, SUSPENSION, OR REVOCATION. A COPY OF THE ORDER SHALL BE SENT BY CERTIFIED MAIL TO THE PERSON TO WHICH THE NPDES PERMIT WAS ISSUED.

(L) EXCEPT AS PROVIDED IN DIVISION (C) OF SECTION 903.03 of the Revised Code, A NPDES PERMIT MAY BE TRANSFERRED UPON THE SALE OF THE AGRICULTURAL OPERATION OR OTHER FACILITY FOR WHICH IT WAS ISSUED TO THE NEW OWNER OR OPERATOR OF THE AGRICULTURAL OPERATION OR FACILITY IN ACCORDANCE WITH RULES.

(M)(1) THE DIRECTOR OF AGRICULTURE IS AUTHORIZED TO PARTICIPATE IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IN ACCORDANCE WITH THE FEDERAL WATER POLLUTION CONTROL ACT. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL PREPARE A STATE PROGRAM IN ACCORDANCE WITH 40 C.F.R. 123.21 FOR POINT SOURCES THAT ARE SUBJECT TO THIS SECTION AND SHALL SUBMIT THE PROGRAM TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR APPROVAL.

(2) ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE STATE PROGRAM SUBMITTED UNDER DIVISION (M)(1) OF THIS SECTION, THE AUTHORITY TO ENFORCE TERMS AND CONDITIONS OF NPDES PERMITS PREVIOUSLY ISSUED UNDER DIVISION (J) OF SECTION 6111.03 OR UNDER SECTION 6111.035 OF THE REVISED CODE TO AGRICULTURAL OPERATIONS OR TO ANY OTHER PERSON WHO DISCHARGES, TRANSPORTS, OR OTHERWISE HANDLES MANURE IS TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE DIRECTOR OF AGRICULTURE. THEREAFTER, THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THOSE PERMITS. AFTER THE TRANSFER OF AUTHORITY UNDER DIVISION (M)(2) OF THIS SECTION, THE NPDES PERMITS CONCERNING WHICH AUTHORITY HAS BEEN TRANSFERRED SHALL BE CONSIDERED TO HAVE BEEN ISSUED UNDER THIS SECTION.

(N) THIS SECTION, INCLUDING THE STATE PROGRAM AUTHORIZED IN DIVISION (M)(1) OF THIS SECTION, SHALL BE ADMINISTERED IN A MANNER CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT.

(O) THE ISSUANCE, DENIAL, MODIFICATION, SUSPENSION, OR REVOCATION OF A PERMIT BY THE DIRECTOR MAY BE APPEALED TO THE ENVIRONMENTAL REVIEW APPEALS COMMISSION AS PROVIDED IN SECTIONS 3745.04 TO 3745.06 OF THE REVISED CODE.

Sec. 903.05. THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DO ALL OF THE FOLLOWING:

(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING LIVESTOCK MANAGER CERTIFICATION REQUIRED UNDER SECTION 903.07 OF THE REVISED CODE:

(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT OF THE APPLICATION FEE;

(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING SHALL INCLUDE AND THE EXAMINATION SHALL TEST THE APPLICANT'S KNOWLEDGE OF INFORMATION ON TOPICS THAT INCLUDE, WITHOUT LIMITATION, CALCULATING NUTRIENT VALUES IN MANURE, DEVISING AND IMPLEMENTING A PLAN FOR THE LAND APPLICATION OF MANURE, REMOVING MANURE HELD IN A MANURE STORAGE OR TREATMENT FACILITY, AND FOLLOWING BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD ANIMALS AND MANURE MANAGEMENT, INCLUDING PRACTICES THAT CONTROL ODOR AND PROTECT THE ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER TYPES OF RECOGNIZED TRAINING PROGRAMS THAT, IF COMPLETED, ARE CONSIDERED TO SATISFY THE TRAINING AND EXAMINATION REQUIREMENT.

(3) CRITERIA AND PROCEDURES FOR THE DENIAL, SUSPENSION, REVOCATION, OR REINSTATEMENT OF A LIVESTOCK MANAGER CERTIFICATION;

(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER CERTIFICATIONS WILL BE VALID AND PROCEDURES FOR THEIR RENEWAL;

(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, BOUGHT, OR SOLD ANNUALLY BY A PERSON IN ORDER FOR THE PERSON TO BE REQUIRED TO OBTAIN A LIVESTOCK MANAGER CERTIFICATION UNDER DIVISION (A)(2) OF SECTION 903.07 OF THE REVISED CODE;

(6) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE SECTION 903.07 OF THE REVISED CODE.

(B) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.09 OF THE REVISED CODE:

(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND RODENT CONTROL PLAN;

(2) CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING MODIFICATION OF AN INSECT AND RODENT CONTROL PLAN;

(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR VIOLATION OF AN INSECT AND RODENT CONTROL PLAN;

(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND RODENT CONTROL PLANS;

(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING OPERATIONS AT WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY AFFECT PUBLIC HEALTH;

(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN INSECT AND RODENT CONTROL PLAN ASSESSED UNDER SECTION 903.14 OF THE REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION (B)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TEN THOUSAND DOLLARS FOR A VIOLATION INVOLVING A CONCENTRATED ANIMAL FEEDING OPERATION WITH A TOTAL DESIGN CAPACITY OF TEN THOUSAND OR FEWER ANIMAL UNITS AND SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR A VIOLATION INVOLVING A MAJOR CONCENTRATED ANIMAL FEEDING OPERATION.

(C) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS ISSUED UNDER SECTION 903.02 OF THE REVISED CODE:

(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION OF A CONCENTRATED ANIMAL FEEDING OPERATION;

(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN INITIAL PERMIT APPLICATION AND AN APPLICATION FOR A PERMIT MODIFICATION;

(3) INFORMATION THAT MUST BE INCLUDED IN DESIGN AND ENGINEERING PLANS REQUIRED TO BE SUBMITTED WITH THE PERMIT APPLICATION AND CRITERIA FOR APPROVING, DISAPPROVING, OR REQUIRING MODIFICATION OF THE PLANS;

(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH A PERMIT APPLICATION;

(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION FOR THE MODIFICATION OF A PERMIT THAT INITIALLY WAS ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION AND OF A PERMIT THAT INITIALLY WAS ISSUED UNDER SECTION 903.02 OF THE REVISED CODE;

(6) ANY ADDITIONAL INFORMATION THAT MUST BE INCLUDED WITH A PERMIT APPLICATION;

(7) A DEFINITION OF WHAT CONSTITUTES SIGNIFICANT PUBLIC INTEREST FOR THE PURPOSES OF DIVISION (E) OF SECTION 903.02 OF THE REVISED CODE AND PROCEDURES FOR PUBLIC MEETINGS AND PUBLIC HEARINGS HELD UNDER THAT DIVISION. THE RULES SHALL PROVIDE THAT INFORMATION PRESENTED AT SUCH A PUBLIC MEETING OR HEARING BE LIMITED TO THE CRITERIA DETERMINED BY THE DIRECTOR TO BE ESSENTIAL TO THE ISSUANCE OF THE PERMIT THAT IS THE SUBJECT OF THE PUBLIC MEETING OR HEARING.

(8) GROUNDS FOR THE DENIAL, SUSPENSION, OR REVOCATION OF A PERMIT IN ADDITION TO THE GROUNDS ESTABLISHED IN DIVISION (F) OF SECTION 903.02 OF THE REVISED CODE.

(D) ESTABLISH BEST MANAGEMENT PRACTICES THAT MINIMIZE WATER POLLUTION, ODORS, INSECTS, AND RODENTS AND THAT GOVERN ALL OF THE FOLLOWING ACTIVITIES THAT OCCUR AT A CONCENTRATED ANIMAL FEEDING OPERATION:

(1) MANURE MANAGEMENT, INCLUDING, WITHOUT LIMITATION, THE STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF MANURE. RULES ADOPTED UNDER DIVISION (D)(1) OF THIS SECTION SHALLINCLUDE PRACTICES THAT PREVENT GROUND WATER CONTAMINATION CAUSED BY THE LAND APPLICATION OF MANURE OR THE CONTAMINATION OF WATER IN DRAINAGE TILES THAT MAY BE CAUSED BY THAT APPLICATION.

(2) DISPOSAL OF DEAD LIVESTOCK;

(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS APPROPRIATE.

BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED UNDER DIVISION (D) OF THIS SECTION SHALL NOT CONFLICT WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED UNDER ANY OTHER SECTION OF THE REVISED CODE AND THAT ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.

(E) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED UNDER SECTION 903.14 of the Revised Code FOR VIOLATION OF THE TERMS OF A PERMIT, PROVIDED THAT THE RULES ADOPTED UNDER THIS DIVISION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION;

(F) ESTABLISH ALL OF THE FOLLOWING CONCERNING NPDES PERMITS ISSUED UNDER SECTION 903.04 OF THE REVISED CODE:

(1) A LIST OF THE CATEGORIES OF POINT SOURCES THAT DISCHARGE AGRICULTURAL POLLUTANTS OR STORM WATER INTO WATERS OF THE STATE THAT ARE SUBJECT TO PERMIT REQUIREMENTS UNDER THAT SECTION. THE CATEGORIES SHALL INCLUDE ONLY POINT SOURCES FOR WHICH THE ISSUANCE OF NPDES PERMITS IS REQUIRED UNDER THE FEDERAL WATER POLLUTION CONTROL ACT.

(2) EFFLUENT LIMITATIONS GOVERNING DISCHARGES INTO WATERS OF THE STATE THAT ARE AUTHORIZED BY PERMITS;

(3) VARIANCES FROM EFFLUENT LIMITATIONS AND OTHER PERMIT REQUIREMENTS TO THE EXTENT THAT THE VARIANCES ARE CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT;

(4) TERMS AND CONDITIONS TO BE INCLUDED IN A PERMIT, INCLUDING, AS APPLICABLE, BEST MANAGEMENT PRACTICES; INSTALLATION OF DISCHARGE OR WATER QUALITY MONITORING METHODS OR EQUIPMENT; CREATION AND RETENTION OF RECORDS; SUBMISSION OF PERIODIC REPORTS; SCHEDULES OF COMPLIANCE; NET VOLUME, NET WEIGHT, AND, WHERE NECESSARY, CONCENTRATION AND MASS LOADING LIMITS OF AGRICULTURAL POLLUTANTS THAT MAY BE DISCHARGED INTO WATERS OF THE STATE; AND AUTHORIZED DURATION AND FREQUENCY OF ANY DISCHARGES INTO WATERS OF THE STATE;

(5) PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR PERMITS, INCLUDING INFORMATION THAT MUST BE INCLUDED IN THE APPLICATIONS. THE RULES SHALL INCLUDE PROVISIONS DIRECTING A PERSON WHO IS REQUIRED TO OBTAIN BOTH A PERMIT UNDER SECTION 903.02 AND A NPDES PERMIT UNDER SECTION 903.04 OF THE REVISED CODE TO SUBMIT APPLICATIONS FOR THOSE PERMITS SIMULTANEOUSLY.

(6) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN APPLICATION FOR A PERMIT;

(7) PROCEDURES FOR PROCESSING PERMIT APPLICATIONS, INCLUDING PUBLIC NOTICE AND PARTICIPATION REQUIREMENTS. IF A PERSON IS REQUIRED TO OBTAIN BOTH A PERMIT UNDER SECTION 903.02 AND A NPDES PERMIT UNDER SECTION 903.04 OF THE REVISED CODE AND THE DIRECTOR DETERMINES THAT PUBLIC HEARINGS ARE NECESSARY FOR BOTH PERMITS, THE HEARINGS FOR THE PERMITS SHALL BE COMBINED AND SHALL ADDRESS THE ISSUANCE OF BOTH PERMITS.

(8) AN ANTIDEGRADATION POLICY CONSISTENT WITH THE ANTIDEGRADATION POLICY THAT IS REQUIRED TO BE ESTABLISHED UNDER SECTION 6111.12 OF THE REVISED CODE. THE ANTIDEGRADATION POLICY ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F)(8) OF THIS SECTION ALSO SHALL APPLY TO PERMITS ISSUED UNDER SECTION 903.02 OF THE REVISED CODE IF THE DIRECTOR DETERMINES THAT THE APPLICATION IS NECESSARY IN ORDER TO COMPLY WITH THE POLICY THAT IS REQUIRED TO BE ESTABLISHED UNDER SECTION 6111.12 of the Revised Code.

(9) PROCEDURES FOR NOTIFYING THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OF THE SUBMISSION OF PERMIT APPLICATIONS, THE DIRECTOR'S ACTION ON THOSE APPLICATIONS, AND ANY OTHER REASONABLE AND RELEVANT INFORMATION;

(10) PROCEDURES FOR NOTIFYING AND RECEIVING AND RESPONDING TO RECOMMENDATIONS FROM OTHER STATES WHOSE WATERS MAY BE AFFECTED BY THE ISSUANCE OF A PERMIT;

(11) PROCEDURES FOR THE TRANSFER OF PERMITS TO NEW OWNERS OR OPERATORS;

(12) GROUNDS AND PROCEDURES FOR THE DENIAL, MODIFICATION, SUSPENSION, OR REVOCATION OF PERMITS.

THE RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL WATER POLLUTION CONTROL ACT.

(G) ESTABLISH PROCEDURES FOR THE PROTECTION OF TRADE SECRETS FROM PUBLIC DISCLOSURE. THE PROCEDURES SHALL AUTHORIZE THE RELEASE OF TRADE SECRETS TO OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE STATE, ANOTHER STATE, OR THE UNITED STATES WHEN NECESSARY FOR AN ENFORCEMENT ACTION BROUGHT UNDER THIS CHAPTER OR WHEN OTHERWISE REQUIRED BY THE FEDERAL WATER POLLUTION CONTROL ACT. THE RULES SHALL REQUIRE AT LEAST TEN DAYS' WRITTEN NOTICE TO THE PERSON TO WHOM A TRADE SECRET APPLIES PRIOR TO THE RELEASE OF THE TRADE SECRET. RULES ADOPTED UNDER THIS DIVISION DO NOT APPLY TO ANY INFORMATION THAT IS CONTAINED IN APPLICATIONS, INCLUDING ATTACHMENTS, FOR NPDES PERMITS AND THAT IS REQUIRED TO BE SUBMITTED UNDER SECTION 903.04 of the Revised Code OR RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION.

(H) ESTABLISH BOTH OF THE FOLLOWING FOR THE PURPOSES OF REVIEW COMPLIANCE CERTIFICATES ISSUED UNDER SECTION 903.021 OF THE REVISED CODE:

(1) THE FORM OF A CERTIFICATE;

(2) CRITERIA FOR WHAT CONSTITUTES A SIGNIFICANT CAPITAL EXPENDITURE UNDER DIVISION (C) OF THAT SECTION.

(I) ESTABLISH ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE THIS CHAPTER.

Sec. 903.06. (A) THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY ENTER ON ANY PUBLIC OR PRIVATE PROPERTY, REAL OR PERSONAL, TO MAKE INVESTIGATIONS AND INSPECTIONS, INCLUDING THE SAMPLING OF DISCHARGES AND THE INSPECTION OF DISCHARGE MONITORING EQUIPMENT, OR TO OTHERWISE EXECUTE DUTIES THAT ARE NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE AT REASONABLE TIMES MAY EXAMINE AND COPY ANY RECORDS PERTAINING TO DISCHARGES THAT ARE SUBJECT TO THIS CHAPTER OR ANY RECORDS THAT ARE REQUIRED TO BE MAINTAINED BY THE TERMS AND CONDITIONS OF A NPDES PERMIT ISSUED UNDER SECTION 903.04 of the Revised Code. IF REFUSED ENTRY, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY APPLY FOR AND THE COURT OF COMMON PLEAS HAVING JURISDICTION MAY ISSUE AN APPROPRIATE WARRANT.

(B) NO PERSON TO WHOM A PERMIT HAS BEEN ISSUED UNDER THIS CHAPTER SHALL REFUSE ENTRY TO THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE OR PURPOSELY HINDER OR THWART THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE IN THE EXERCISE OF ANY AUTHORITY GRANTED UNDER DIVISION (A) OF THIS SECTION.

Sec. 903.07. (A) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, BOTH OF THE FOLLOWING APPLY:

(1) THE MANAGEMENT AND HANDLING OF MANURE AT A MAJOR CONCENTRATED ANIMAL FEEDING OPERATION, INCLUDING, WITHOUT LIMITATION, THE LAND APPLICATION OF MANURE OR THE REMOVAL OF MANURE FROM A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE CONDUCTED ONLY BY OR UNDER THE SUPERVISION OF A PERSON HOLDING A VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION. A PERSON MANAGING OR HANDLING MANURE WHO IS ACTING UNDER THE INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A VALID LIVESTOCK MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE SUPERVISION OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER IS RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE WHEN NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT PHYSICALLY PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR HANDLING.

(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL ANNUALLY THE VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER DIVISION (A)(5) OF SECTION 903.05 OF THE REVISED CODE UNLESS THE PERSON HOLDS A VALID LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS SECTION.

(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE APPLICATION FOR CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED BY THE DIRECTOR, TOGETHER WITH THE APPROPRIATE APPLICATION FEE, AND WHO HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS PASSED THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR REVOKE A LIVESTOCK MANAGER CERTIFICATION AND MAY REINSTATE A SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN ACCORDANCE WITH RULES.

(C) INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION, THE AMOUNT OF THE APPLICATION FEE, AND REQUIREMENTS REGARDING TRAINING AND THE EXAMINATION SHALL BE ESTABLISHED IN RULES.

Sec. 903.08. (A) THE DIRECTOR OF AGRICULTURE MAY ENTER INTO CONTRACTS OR AGREEMENTS TO CARRY OUT THE PURPOSES OF THIS CHAPTER WITH ANY PERSON OR PUBLIC OR PRIVATE ORGANIZATION, INCLUDING, WITHOUT LIMITATION, THE OHIO STATE UNIVERSITY EXTENSION SERVICE, THE NATURAL RESOURCES CONSERVATION SERVICE IN THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE ENVIRONMENTAL PROTECTION AGENCY, THE DIVISION OF SOIL AND WATER CONSERVATION IN THE DEPARTMENT OF NATURAL RESOURCES, AND SOIL AND WATER CONSERVATION DISTRICTS ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED CODE. HOWEVER, THE DIRECTOR SHALL NOT ENTER INTO A CONTRACT OR AGREEMENT UNDER THIS DIVISION FOR THE REVIEW OF APPLICATIONS FOR NPDES PERMITS SUBMITTED UNDER SECTION 903.04 OF THE REVISED CODE OR FOR THE ISSUANCE OF THOSE PERMITS.

(B) THE DIRECTOR MAY ADMINISTER GRANTS AND LOANS USING MONEYS FROM THE FEDERAL GOVERNMENT AND OTHER SOURCES, PUBLIC OR PRIVATE, FOR CARRYING OUT ANY OF THE DIRECTOR'S FUNCTIONS, INCLUDING MONEYS FROM THE WATER POLLUTION CONTROL FUND ESTABLISHED UNDER SECTION 6111.036 OF THE REVISED CODE AND THE NONPOINT SOURCE POLLUTION MANAGEMENT FUND ESTABLISHED UNDER SECTION 6111.037 OF THE REVISED CODE.

Sec. 903.09. (A) AS USED IN THIS SECTION:

(1) "OPERATION" MEANS A CONCENTRATED ANIMAL FEEDING OPERATION.

(2) "OWNER" INCLUDES AN OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION.

(3) "PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN PREPARED UNDER THIS SECTION.

(B) AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION SHALL PREPARE AND SUBMIT TO THE DIRECTOR OF AGRICULTURE IN ACCORDANCE WITH RULES AN INSECT AND RODENT CONTROL PLAN DESIGNED TO MINIMIZE THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS AT THE OPERATION AND IN SURROUNDING AREAS, INCLUDING, WITHOUT LIMITATION, LAND ON WHICH MANURE IS STORED OR APPLIED. THE PLAN SHALL CONFORM TO BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES. THE DIRECTOR SHALL APPROVE OR DENY THE PLAN NOT LATER THAN THIRTY DAYS FOLLOWING ITS RECEIPT AND MAY REQUIRE MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN ACCORDANCE WITH RULES.

(C) ON AND AFTER THE DATE THAT IS EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, NO PERSON SHALL OWN OR OPERATE A CONCENTRATED ANIMAL FEEDING OPERATION UNLESS AN INSECT AND RODENT CONTROL PLAN FOR THE OPERATION HAS BEEN APPROVED BY THE DIRECTOR.

(D) THE DIRECTOR SHALL ENFORCE AN INSECT AND RODENT CONTROL PLAN IN ACCORDANCE WITH RULES AND SHALL ASSESS A CIVIL PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.14 OF THE REVISED CODE AGAINST AN OWNER OF A CONCENTRATED ANIMAL FEEDING OPERATION WHO OPERATES IT WITHOUT A PLAN APPROVED BY THE DIRECTOR OR WHO VIOLATES THE OPERATION'S PLAN.

Sec. 903.10. ALL MONEY COLLECTED BY THE DIRECTOR OF AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02, 903.04, AND 903.07 OF THE REVISED CODE AND FROM CIVIL PENALTIES UNDER SECTIONS 903.11 AND 903.14 TO 903.16 OF THE REVISED CODE, AND ALL MONEY COLLECTED UNDER DIVISION (B) OF SECTION 903.17 OF THE REVISED CODE SHALL BE DEPOSITED IN THE LIVESTOCK MANAGEMENT FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. MONEY CREDITED TO THE FUND SHALL BE USED SOLELY IN THE ADMINISTRATION OF THIS CHAPTER.

Sec. 903.11. (A) A PERSON WHO IS AGGRIEVED OR ADVERSELY AFFECTED BY AN ALLEGED NUISANCE RELATED TO A CONCENTRATED ANIMAL FEEDING OPERATION MAY SUBMIT A COMPLAINT TO THE DIRECTOR OF AGRICULTURE ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT MAY BE MADE ORALLY OR IN WRITING. IF THE COMPLAINT IS MADE IN WRITING, IT SHALL BE SIGNED BY THE PERSON MAKING IT AND DATED.

(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED COMPLAINT, THE DIRECTOR SHALL, OR AFTER RECEIVING AN ORAL COMPLAINT THE DIRECTOR MAY, CAUSE AN INVESTIGATION TO BE CONDUCTED TO DETERMINE IF THE OWNER OR OPERATOR OF THE CONCENTRATED ANIMAL FEEDING OPERATION IS COMPLYING WITH A PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES.

(C)(1) IF, UPON COMPLETION OF THE INVESTIGATION, THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR IS IN COMPLIANCE WITH A PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT PRACTICES, THE DIRECTOR SHALL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND THE OWNER OR OPERATOR OF THE DISMISSAL.

(2) IF THE DIRECTOR DETERMINES THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE WITH A PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT PRACTICES, BOTH OF THE FOLLOWING APPLY:

(a) THE DIRECTOR SHALL ISSUE AN ORDER IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT DESCRIBES THE DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE DEFICIENCIES AND ATTAIN COMPLIANCE WITH THE PERMIT OR WITH BEST MANAGEMENT PRACTICES.

(b) THE DIRECTOR MAY CONDUCT AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH THE PERMIT OR WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION HEARING CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, THE DIRECTOR MAY ASSESS A CIVIL PENALTY AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES. THE OWNER OR OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING.

(D) IF THE OWNER OR OPERATOR FAILS TO ATTAIN COMPLIANCE WITHIN THE TIME PERIOD SPECIFIED IN THE ORDER, THE DIRECTOR SHALL CONDUCT AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REGARDING THE ISSUE OF COMPLIANCE WITH A PERMIT ISSUED UNDER THIS CHAPTER OR WITH BEST MANAGEMENT PRACTICES. IF THE ADJUDICATION HEARING CONFIRMS THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE OWNER OR OPERATOR IN AN AMOUNT ESTABLISHED IN RULES. THE OWNER OR OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING.

Sec. 903.12. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A CONCENTRATED ANIMAL FEEDING OPERATION, IT IS AN AFFIRMATIVE DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE RESPONSIBLE FOR THE CONCENTRATED ANIMAL FEEDING OPERATION IS IN COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES AND THE AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL LAWS GOVERNING NUISANCES.

Sec. 903.13. PRIOR TO FILING A PRIVATE CIVIL ACTION FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A CONCENTRATED ANIMAL FEEDING OPERATION, THE PARTIES TO THE DISPUTE SHALL SUBMIT THE DISPUTE TO AN ARBITRATOR FOR NONBINDING ARBITRATION. THE PARTIES SHALL PAY THE ARBITRATOR A REASONABLE COMPENSATION BASED ON THE EXTENT AND DURATION OF ACTUAL SERVICE RENDERED. THE COST OF THE ARBITRATOR'S SERVICES SHALL BE DIVIDED PROPORTIONATELY AMONG THE PARTIES.

IF THE DECISION REACHED BY THE ARBITRATOR IS NOT ACCEPTED BY ALL PARTIES TO THE DISPUTE, THE COMPLAINING PARTIES MAY FILE A CIVIL ACTION AND THE CLAIM SHALL PROCEED AS IF IT HAD NOT BEEN SUBMITTED TO NONBINDING ARBITRATION. NO ORAL OR WRITTEN STATEMENT PREPARED FOR OR MADE IN THE NONBINDING ARBITRATION BY THE ARBITRATOR OR ANY OF THE PARTIES, INCLUDING ANY MENTAL IMPRESSION, RECOMMENDATION, OR DECISION BY THE ARBITRATOR, IS SUBJECT TO DISCOVERY OR ADMISSIBLE INTO EVIDENCE IN ANY LITIGATION OR PROCEEDING FOR ANY PURPOSE, INCLUDING IMPEACHMENT. THE ARBITRATOR SHALL BE DISQUALIFIED AS A WITNESS, CONSULTANT, OR EXPERT ON ANY SUBJECT THAT IS RELATED TO THE ARBITRATION.

Sec. 903.14. WHENEVER THE DIRECTOR OF AGRICULTURE, OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE, HAS CAUSE TO BELIEVE THAT ANY PERSON HAS VIOLATED, OR IS VIOLATING, DIVISION (A) OF SECTION 903.07 OR DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY CONDUCT AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF A VIOLATION HAS OCCURRED. IF THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE DETERMINES THAT THE PERSON HAS VIOLATED OR IS VIOLATING DIVISION (A) OF SECTION 903.07 OR DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE, THE DIRECTOR SHALL ASSESS A CIVIL PENALTY AGAINST THE PERSON. THE OWNER OR OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING.

A PERSON WHO HAS VIOLATED DIVISION (A) OF SECTION 903.07 OF THE REVISED CODE SHALL PAY A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION. A PERSON WHO HAS VIOLATED DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE SHALL PAY, FOR EACH VIOLATION, A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES. IN THE CASE OF A VIOLATION OF DIVISION (A) OF SECTION 903.07 OF THE REVISED CODE, EACH THIRTY-DAY PERIOD DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION. IN THE CASE OF A VIOLATION OF DIVISION (C) OF SECTION 903.09 OF THE REVISED CODE, EACH SEVEN-DAY PERIOD DURING WHICH THE VIOLATION CONTINUES CONSTITUTES A SEPARATE VIOLATION.

Sec. 903.15. (A)(1) AS USED IN DIVISION (A) OF THIS SECTION, "PERMIT" MEANS A PERMIT FOR THE INSTALLATION OF A DISPOSAL SYSTEM AT A CONCENTRATED ANIMAL FEEDING OPERATION ISSUED UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, A REVIEW COMPLIANCE CERTIFICATE ISSUED UNDER SECTION 903.021 of the Revised Code, OR A PERMIT ISSUED UNDER SECTION 903.02 OF THE REVISED CODE.

(2) THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE WITH AN ADJUDICATION HEARING CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, MAY ISSUE, MODIFY, OR REVOKE ORDERS AND ASSESS CIVIL PENALTIES TO ENSURE THAT THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING OPERATION FOR WHICH A PERMIT HAS BEEN ISSUED COMPLIES WITH THE TERMS OF THE PERMIT, INCLUDING, BUT NOT LIMITED TO, THE MANURE MANAGEMENT PLAN AND THE INSECT AND RODENT CONTROL PLAN. THE AMOUNT OF THE CIVIL PENALTIES SHALL BE ESTABLISHED IN RULES.

DIVISION (A)(2) OF THIS SECTION DOES NOT APPLY TO ENFORCEMENT OF REQUIREMENTS GOVERNING LIVESTOCK MANAGER CERTIFICATION. THOSE REQUIREMENTS SHALL BE ENFORCED IN ACCORDANCE WITH SECTIONS 903.07 AND 903.14 OF THE REVISED CODE.

(B) ON THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF SECTION 903.02 OF THE REVISED CODE, THE AUTHORITY TO ENFORCE TERMS AND CONDITIONS OF PERMITS ISSUED PRIOR TO THAT DATE UNDER DIVISION (J)(1) OF SECTION 6111.03 OF THE REVISED CODE FOR THE INSTALLATION OF DISPOSAL SYSTEMS FOR AGRICULTURAL POLLUTANTS SHALL BE TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE DIRECTOR OF AGRICULTURE. ON AND AFTER THAT DATE, THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF THOSE PERMITS.

(C)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF THE DIRECTOR OF AGRICULTURE, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR THREATENING TO VIOLATE SECTION 903.02 OF THE REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (C) OF SECTION 903.05 of the Revised Code, OR AN ORDER ISSUED UNDER DIVISION (A)(2) OF THIS SECTION. THE COURT SHALL GRANT AN INJUNCTION RESTRAINING THE PERSON FROM THE VIOLATION OR THREATENED VIOLATION IF THE ACTIVITY ENDANGERS PUBLIC HEALTH OR THE ENVIRONMENT.

(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION (A)(2) OF THIS SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE ATTORNEY GENERAL TO BRING AN ACTION FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER VIOLATION IN A COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS VIOLATING SECTION 903.02 of the Revised Code, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (C) OF SECTION 903.05 of the Revised Code, OR AN ORDER ISSUED UNDER DIVISION (A)(2) OF THIS SECTION. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY TO BE ASSESSED UNDER DIVISION (C)(2) OF THIS SECTION, EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT VIOLATION.

Sec. 903.16. (A) THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY ISSUE, MODIFY, OR REVOKE ORDERS IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE REQUIRING COMPLIANCE WITH SECTION 903.04 OF THE REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, OR RULES ADOPTED UNDER DIVISION (F) OF SECTION 903.05 OF THE REVISED CODE. TO THE EXTENT CONSISTENT WITH THE FEDERAL WATER POLLUTION CONTROL ACT, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS IN ISSUING ORDERS UNDER THIS DIVISION AND SHALL ALLOW A REASONABLE PERIOD OF TIME FOR COMING INTO COMPLIANCE WITH AN ORDER. NO PERSON SHALL VIOLATE AN ORDER ISSUED UNDER THIS DIVISION.

(B) IF THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE HAS REASON TO BELIEVE THAT ANY PERSON HAS VIOLATED OR IS VIOLATING SECTION 903.04 OF THE REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (F) OF SECTION 903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (A) OF THIS SECTION, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY CONDUCT AN ADJUDICATION HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER A VIOLATION HAS OCCURRED OR IS OCCURRING. THE OWNER OR OPERATOR MAY WAIVE THE RIGHT TO SUCH AN ADJUDICATION HEARING. IF THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE DETERMINES THAT A VIOLATION HAS OCCURRED OR IS OCCURRING, THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL ASSESS A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER VIOLATION AGAINST THE VIOLATOR. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY TO BE ASSESSED UNDER THIS DIVISION, EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT VIOLATION.

(C)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF THE DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR THREATENING TO VIOLATE SECTION 903.04 OF THE REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (F) OF SECTION 903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (A) OF THIS SECTION. THE COURT SHALL GRANT AN INJUNCTION RESTRAINING THE PERSON FROM THE VIOLATION OR THREATENED VIOLATION IF THE ACTIVITY ENDANGERS PUBLIC HEALTH OR THE ENVIRONMENT.

(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION (B) OF THIS SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE ATTORNEY GENERAL TO BRING AN ACTION FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS PER VIOLATION IN A COURT OF COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS VIOLATING SECTION 903.04 OF THE REVISED CODE, A PERMIT ISSUED UNDER THAT SECTION, RULES ADOPTED UNDER DIVISION (F) OF SECTION 903.05 OF THE REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (A) OF THIS SECTION. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY TO BE ASSESSED UNDER DIVISION (C)(2) OF THIS SECTION, EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND DISTINCT VIOLATION.

Sec. 903.17. (A) NOTWITHSTANDING SECTIONS 903.15 AND 903.16 of the Revised Code, IF THE DIRECTOR OF AGRICULTURE DETERMINES THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ACTION TO PROTECT THE PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT, THE DIRECTOR MAY ISSUE AN ORDER, WITHOUT NOTICE OR HEARING, STATING THE EXISTENCE OF THE EMERGENCY AND REQUIRING THAT ACTION BE TAKEN THAT IS NECESSARY TO MEET THE EMERGENCY. THE ORDER SHALL TAKE EFFECT IMMEDIATELY. A PERSON TO WHOM THE ORDER IS DIRECTED SHALL COMPLY IMMEDIATELY, BUT ON APPLICATION TO THE DIRECTOR SHALL BE AFFORDED A HEARING AS SOON AS POSSIBLE AND NOT LATER THAN THIRTY DAYS AFTER APPLICATION. ON THE BASIS OF THE HEARING, THE DIRECTOR SHALL CONTINUE THE ORDER IN EFFECT, REVOKE IT, OR MODIFY IT. NO EMERGENCY ORDER SHALL REMAIN IN EFFECT FOR MORE THAN ONE HUNDRED TWENTY DAYS AFTER ITS ISSUANCE.

(B) A PERSON THAT IS RESPONSIBLE FOR CAUSING OR ALLOWING THE UNAUTHORIZED SPILL, RELEASE, OR DISCHARGE OF AGRICULTURAL POLLUTANTS THAT REQUIRES EMERGENCY ACTION TO PROTECT PUBLIC HEALTH OR SAFETY OR THE ENVIRONMENT IS LIABLE TO THE DIRECTOR FOR THE COSTS INCURRED IN INVESTIGATING, MITIGATING, MINIMIZING, REMOVING, OR ABATING THE SPILL, RELEASE, OR DISCHARGE. UPON REQUEST OF THE DIRECTOR, THE ATTORNEY GENERAL SHALL BRING A CIVIL ACTION AGAINST THE RESPONSIBLE PERSON OR PERSONS TO RECOVER THOSE COSTS. MONEYS RECOVERED UNDER THIS DIVISION SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE LIVESTOCK MANAGEMENT FUND.

Sec. 903.18. (A) THERE IS HEREBY CREATED THE CONCENTRATED ANIMAL FEEDING OPERATION ADVISORY COMMITTEE CONSISTING OF THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES AND THE DEAN OF THE COLLEGE OF FOOD, AGRICULTURAL, AND ENVIRONMENTAL SCIENCES OF THE OHIO STATE UNIVERSITY, OR THEIR DESIGNEES, AS MEMBERS EX OFFICIO, AND NINE MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE APPOINTED MEMBERS, ONE SHALL REPRESENT THE INTERESTS OF POULTRY PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SWINE PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF DAIRY FARMERS, ONE SHALL REPRESENT THE INTERESTS OF BEEF CATTLE PRODUCERS, ONE SHALL REPRESENT THE INTERESTS OF SHEEP PRODUCERS, AND FOUR SHALL REPRESENT THE INTERESTS OF THE PUBLIC. PRIOR TO MAKING AN APPOINTMENT OF A MEMBER REPRESENTING THE INTERESTS OF POULTRY, SWINE, BEEF CATTLE, OR SHEEP PRODUCERS OR DAIRY FARMERS, THE DIRECTOR SHALL SOLICIT FROM THE APPROPRIATE STATEWIDE TRADE ASSOCIATIONS A LIST OF SUGGESTED CANDIDATES TO REPRESENT THE INTERESTS OF THE SPECIES CATEGORY ON THE COMMITTEE. THE MEMBERS REPRESENTING THE PUBLIC SHALL NOT BE OWNERS OR OPERATORS OF CONCENTRATED ANIMAL FEEDING OPERATIONS OR ASSOCIATED WITH SUCH OPERATIONS BY CONTRACT.

NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL MAKE APPOINTMENTS TO THE COMMITTEE. OF THE INITIAL APPOINTMENTS, THREE SHALL BE FOR TERMS ENDING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THREE SHALL BE FOR TERMS ENDING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND THREE SHALL BE FOR TERMS ENDING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. THEREAFTER, TERMS OF OFFICE SHALL BE FOR THREE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST.

THE COMMITTEE SHALL MEET AT TIMES THAT THE CHAIRPERSON OR A MAJORITY OF THE COMMITTEE MEMBERS CONSIDERS APPROPRIATE, PROVIDED THAT NO MEETING SHALL BE HELD ON THE CALL OF THE CHAIRPERSON UNLESS AT LEAST SEVEN DAYS' WRITTEN NOTICE FIRST IS PROVIDED TO ALL MEMBERS OF THE COMMITTEE. AT THE FIRST MEETING OF THE COMMITTEE IN EACH CALENDAR YEAR, THE DIRECTOR OF AGRICULTURE SHALL DESIGNATE ONE MEMBER OF THE COMMITTEE TO SERVE AS ITS CHAIRPERSON AND ONE MEMBER TO SERVE AS ITS VICE-CHAIRPERSON. A MAJORITY VOTE OF THE MEMBERS OF THE COMMITTEE IS NECESSARY TO TAKE ACTION ON ANY MATTER. A VACANCY ON THE COMMITTEE DOES NOT IMPAIR THE RIGHT OF THE OTHER MEMBERS TO EXERCISE ALL OF THE COMMITTEE'S POWERS.

SERVING AS AN APPOINTED MEMBER OF THE COMMITTEE DOES NOT CONSTITUTE HOLDING A PUBLIC OFFICE OR POSITION OF EMPLOYMENT UNDER THE LAWS OF THIS STATE AND DOES NOT CONSTITUTE GROUNDS FOR REMOVAL OF PUBLIC OFFICERS OR EMPLOYEES FROM THEIR OFFICES OR POSITIONS OF EMPLOYMENT. THE DIRECTOR OF AGRICULTURE, AFTER NOTICE AND A PUBLIC HEARING, MAY REMOVE ANY APPOINTED MEMBER OF THE COMMITTEE FOR MISFEASANCE, NONFEASANCE, OR MALFEASANCE IN OFFICE.

APPOINTED MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION FOR ATTENDING COMMITTEE MEETINGS. MEMBERS OF THE COMMITTEE SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES AS MEMBERS OF THE COMMITTEE.

(B) THE COMMITTEE MAY DO EITHER OR BOTH OF THE FOLLOWING:

(1) ADOPT RULES OR PROCEDURES GOVERNING THE CONDUCT OF ITS INTERNAL AFFAIRS;

(2) REQUEST FROM THE DIRECTOR OF AGRICULTURE, AND THE DIRECTOR SHALL PROVIDE, MEETING SPACE, STAFF SUPPORT, SERVICES, AND DATA TO ENABLE IT TO CARRY OUT ITS FUNCTIONS.

(C) THE COMMITTEE SHALL DO ALL OF THE FOLLOWING:

(1) ADVISE THE DIRECTOR OF AGRICULTURE IN THE ADMINISTRATION OF THIS CHAPTER;

(2) KEEP ABREAST OF ADVANCES IN MANURE MANAGEMENT PRACTICES AND ANNUALLY ADVISE THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES OF THE RECENT ADVANCES IN THOSE AREAS AND REGARDING THE NEED FOR AMENDING WHAT CONSTITUTES BEST MANAGEMENT PRACTICES;

(3) IN CONSULTATION WITH THE DIRECTOR OF AGRICULTURE, PREPARE AND, UPON REQUEST, DISTRIBUTE WRITTEN MATERIALS DESIGNED TO ASSIST PERSONS WHO PROPOSE TO ESTABLISH A NEW OR MODIFY AN EXISTING CONCENTRATED ANIMAL FEEDING OPERATION IN APPLYING FOR A PERMIT UNDER SECTION 903.02 OF THE REVISED CODE. THE MATERIALS ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO OBTAINING THAT PERMIT, IT MAY BE NECESSARY TO OBTAIN A NPDES PERMIT UNDER SECTION 903.04 of the Revised Code FOR THE DISCHARGE OF AGRICULTURAL POLLUTANTS OR STORM WATER. IN ADDITION, THE WRITTEN MATERIALS SHALL INCLUDE INFORMATION ON THE MEANING OF A "COMPLETE APPLICATION" FOR ALL OF THE PERMITS, INFORMATION ON THE PUBLIC HEARING PROCESS IN CONNECTION WITH THE RELEVANT PERMITS ISSUED UNDER THIS CHAPTER, AND A SUMMARY OF THE ANTIDEGRADATION POLICY ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F)(8) OF SECTION 903.05 OF THE REVISED CODE TOGETHER WITH AN INDICATION OF THE POSSIBILITY THAT THE OWNER'S OR OPERATOR'S PROPOSED NEW OR MODIFIED DISPOSAL SYSTEM FOR MANURE OR DISCHARGES MAY BE SUBJECT TO THAT POLICY.

(4) NOT LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, CONDUCT AN EXAMINATION OF THE SCIENTIFIC APPROPRIATENESS OF THE DEFINITION OF "ANIMAL UNIT" IN SECTION 903.01 of the Revised Code AND PREPARE AND SUBMIT TO THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE DIRECTORS OF AGRICULTURE, ENVIRONMENTAL PROTECTION, AND NATURAL RESOURCES THE COMMITTEE'S FINDINGS AND ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES IN THAT DEFINITION THAT ARE NECESSARY OR APPROPRIATE TO REFLECT ON A MORE SCIENTIFIC BASIS MANURE GENERATION RATES AMONG LIVESTOCK SPECIES AND TYPES OF CONCENTRATED ANIMAL FEEDING OPERATIONS.

(D) SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE COMMITTEE.

Sec. 903.99. (A) WHOEVER VIOLATES DIVISION (B)(2) OF SECTION 903.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE ON A FIRST OFFENSE, A MISDEMEANOR OF THE SECOND DEGREE ON A SECOND OFFENSE, AND A MISDEMEANOR OF THE FIRST DEGREE ON A THIRD OR SUBSEQUENT OFFENSE. EACH TEN-DAY PERIOD THAT THE OFFENSE CONTINUES CONSTITUTES A SEPARATE OFFENSE.

(B) WHOEVER VIOLATES DIVISION (A)(1), (B)(1), OR (E)(1) OF SECTION 903.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES A SEPARATE OFFENSE.

(C) WHOEVER KNOWINGLY VIOLATES DIVISION (J) OF SECTION 903.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES A SEPARATE OFFENSE.

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

(B) Any person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so only by submitting a written, signed, and dated complaint to the chief or to his THE CHIEF'S designee.

(C) In a private civil action for nuisances involving agricultural pollution, it is an affirmative defense if the person owning, operating, or otherwise responsible for agricultural land or a concentrated animal feeding operation is operating under and in substantial compliance with an approved operation and management plan developed under division (A) of this section, with an operation and management plan developed by the chief under section 1511.02 of the Revised Code or by the supervisors of the local soil and water conservation district under section 1515.08 of the Revised Code, or with an operation and management plan required by an order issued by the chief under division (G) of section 1511.02 of the Revised Code. Nothing in this section is in derogation of the authority granted to the chief in division (E) of section 1511.02 and in section 1511.07 of the Revised Code or to the director of environmental protection in Chapter 6111. of the Revised Code.

Sec. 3745.04. As used in this section, "any person" means any individual, any partnership, corporation, association, or other legal entity, or any political subdivision, instrumentality, or agency of a state, whether or not the individual or legal entity is an applicant for or holder of a license, permit, or variance from the environmental protection agency, and includes any department, agency, or instrumentality of the federal government that is an applicant for or holder of a license, permit, or variance from the environmental protection agency.

As used in this section, "action" or "act" includes the adoption, modification, or repeal of a rule or standard, the issuance, modification, or revocation of any lawful order other than an emergency order, and the issuance, denial, modification, or revocation of a license, permit, lease, variance, or certificate, or the approval or disapproval of plans and specifications pursuant to law or rules adopted thereunder.

Any person who was a party to a proceeding before the director may participate in an appeal to the environmental review appeals commission for an order vacating or modifying the action of the director of environmental protection or local board of health, or ordering the director or board of health to perform an act. The environmental review appeals commission has exclusive original jurisdiction over any matter which THAT may, under this section, be brought before it.

The person so appealing to the commission shall be known as appellant, and the director and any party to a proceeding substantially supporting the finding from which the appeal is taken shall be known as appellee, except that when an appeal involves a license to operate a disposal site or facility, the local board of health or the director of environmental protection, and any party to a proceeding substantially supporting the finding from which the appeal is taken, shall, as appropriate, be known as the appellee. Appellant and appellee shall be deemed to be parties to the appeal.

The appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based.

The appeal shall be filed with the board COMMISSION within thirty days after notice of the action. Notice of the filing of the appeal shall be filed with the appellee within three days after the appeal is filed with the commission.

The appeal shall be accompanied by a filing fee of forty dollars, which the commission, in its discretion, may waive in cases of extreme hardship.

Within seven days after receipt of the notice of appeal, the director or local board of health shall prepare and certify to the commission a record of the proceedings out of which the appeal arises, including all documents and correspondence, and a transcript of all testimony.

Upon the filing of the appeal, the commission shall fix the time and place at which the hearing on the appeal will be held. The commission shall give appellant and the appellee at least ten days' written notice thereof by certified mail. The commission shall hold the hearing within thirty days after the notice of appeal is filed. The commission may postpone or continue any hearing upon its own motion or upon application of appellant or of the appellee.

The filing of an appeal does not automatically suspend or stay execution of the action appealed from. Upon application by the appellant, the commission may suspend or stay such execution pending immediate determination of the appeal without interruption by continuances, other than for unavoidable circumstances.

AS USED IN THIS SECTION AND SECTIONS 3745.05 AND 3745.06 of the Revised Code, "DIRECTOR OF ENVIRONMENTAL PROTECTION" AND "DIRECTOR" ARE DEEMED TO INCLUDE THE DIRECTOR OF AGRICULTURE AND "ENVIRONMENTAL PROTECTION AGENCY" IS DEEMED TO INCLUDE THE DEPARTMENT OF AGRICULTURE FOR PURPOSES OF CHAPTER 903. of the Revised Code.

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

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

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

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

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

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

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

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

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

(E) Encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution, and the causes, prevention, control, and abatement thereof, that are advisable and necessary for the discharge of THE DIRECTOR'S duties under this chapter;

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

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

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

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

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

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

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

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

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

(J)(1) Issue, revoke, modify, or deny sludge management permits and permits for the discharge of sewage, industrial waste, or other wastes into the waters of the state, and for the installation or modification of disposal systems or any parts thereof in compliance with all requirements of the Federal Water Pollution Control Act and mandatory regulations adopted thereunder, including regulations adopted under section 405 of the Federal Water Pollution Control Act, and set terms and conditions of permits, including schedules of compliance, where necessary. The OWNER OR OPERATOR OF AN AGRICULTURAL OPERATION, AS DEFINED IN SECTION 903.01 of the Revised Code, OR ANY OTHER PERSON WHO DISCHARGES, TRANSPORTS, OR OTHERWISE HANDLES MANURE IS NOT REQUIRED TO OBTAIN A PERMIT UNDER DIVISION (J)(1) OF THIS SECTION FOR THE INSTALLATION OR MODIFICATION OF A DISPOSAL SYSTEM OR ANY PARTS OF SUCH A SYSTEM ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (B)(1) OF SECTION 903.02 OF THE REVISED CODE OR A DISCHARGE PERMIT UNDER DIVISION (J)(1) OF THIS SECTION ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 of the Revised Code.

ANY PERMIT terms and conditions SET BY THE DIRECTOR shall be designed to achieve and maintain full compliance with the national effluent limitations, national standards of performance for new sources, and national toxic and pretreatment effluent standards set under that act, and any other mandatory requirements of that act that are imposed by regulation of the administrator of the United States environmental protection agency. If an applicant for a sludge management permit also applies for a related permit for the discharge of sewage, industrial waste, or other wastes into the waters of the state, the director may combine the two permits and issue one permit to the applicant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(N) Issue, modify, and revoke orders requiring any "industrial user" of any publicly owned "treatment works" as defined in sections 212(2) and 508 502(18) of the Federal Water Pollution Control Act to comply with pretreatment standards; establish and maintain records; make reports; install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods; sample discharges in accordance with methods, at locations, at intervals, and in a manner that the director determines; and provide other information that is necessary to ascertain whether or not there is compliance with toxic and pretreatment effluent standards. In issuing, modifying, and revoking those orders, the director, to the extent consistent with the Federal Water Pollution Control Act, shall give consideration to technical feasibility and economic reasonableness and shall allow reasonable time for compliance.

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

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

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

(1) Apply and enforce pretreatment standards;

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

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

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

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

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

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

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

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

(6) Make determinations on categorization of industrial users;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This section does not apply to animal waste treatment or disposal works SYSTEMS and related management and conservation practices subject to rules adopted pursuant to division (E)(4) of section 1511.02 of the Revised Code and involving less than one thousand animal units, as "animal units" is defined in the United States environmental protection agency regulations SECTION 903.01 of the Revised Code. This exclusion does not apply to animal waste treatment works having a controlled direct discharge to the waters of the state or to the discharge of animal waste into a publicly owned treatment works.

ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF THE REVISED CODE, THIS SECTION DOES NOT APPLY TO ANY PERSON WHO DISCHARGES AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 of the Revised Code, OR TO THE DISCHARGE OF STORM WATER FROM AN AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION.

Sec. 6111.035. (A) The director of environmental protection, consistent with the "Federal Water Pollution Control Act" and the regulations adopted thereunder, without application therefor, may issue, modify, revoke, or terminate a general permit under this chapter for both of the following:

(1) Discharge of stormwater; the discharge of liquids, sediments, solids, or water-borne mining related waste, such as, but not limited to, acids, metallic cations, or their salts, from coal mining and reclamation operations as defined in section 1513.01 of the Revised Code; or treatment works whose discharge would have de minimis impact on the waters of the state receiving the discharge;

(2) Installation or modification of disposal systems or any parts thereof, including disposal systems for stormwater or for coal mining and reclamation operations as defined in section 1513.01 of the Revised Code.

A general permit shall apply to a class or category of discharges or disposal systems or to persons conducting similar activities, within any area of the state, including the entire state.

A general permit shall not be issued unless the director determines that the discharges authorized by the permit will have only minimal cumulative adverse effects on the environment when the discharges are considered collectively and individually and if, in the opinion of the director, the discharges, installations, or modifications authorized by the permit are more appropriately authorized by a general permit than by an individual permit.

A general permit shall be issued subject to applicable mandatory provisions and may be issued subject to any applicable permissive provision of the Federal Water Pollution Control Act and the regulations adopted thereunder.

The director, at his THE DIRECTOR'S discretion, may require any person authorized to discharge or to install or modify a disposal system under a general permit to apply for and obtain an individual permit for the discharge, installation, or modification. When a particular discharge, installation, or modification is subject to an individual permit, a general permit shall not apply to that discharge, installation, or modification until the individual permit is revoked, terminated, or modified to exclude the discharge, installation, or modification.

(B) Notwithstanding any requirement under Chapter 119. of the Revised Code concerning the manner in which notice of a permit action is provided, the director shall not be required to provide certified mail notice to persons subject to the issuance, modification, revocation, or termination of a general permit under division (A) of this section.

Notwithstanding section 3745.07 of the Revised Code concerning the location of newspapers in which notice NOTICES of permit actions are published, the director shall cause notice of the issuance, modification, revocation, or termination of a general permit to be published in the newspapers of general circulation determined by the director to provide reasonable notice to persons affected by the permit action in the geographic area covered by the general permit within the time periods prescribed by section 3745.07 of the Revised Code. Any notice under this section or section 3745.07 of the Revised Code concerning the issuance, modification, revocation, or termination of a general permit shall include the full text of the permit action. The director may take other appropriate measures, such as press releases and notice to trade journals, associations, and other persons known to the director to desire notification, in order to provide notice of his THE DIRECTOR'S actions concerning the issuance, modification, revocation, or termination of a general permit; however, the failure to provide such notice shall not invalidate any general permit.

(C) Notwithstanding any other provision of the Revised Code, a person subject to the proposed issuance, modification, revocation, or termination of a general permit under division (A) of this section may request an adjudication hearing pursuant to section 119.07 of the Revised Code concerning the proposed action within thirty days after publication of the notice of the proposed action in newspapers of general circulation pursuant to division (B) of this section. This division shall not be interpreted to affect the authority of the director to take actions on general permits in forms other than proposed general permits.

(D) The director may exercise all incidental powers required to carry out this section, including, without limitation, the adoption, amendment, and rescission of rules to implement a general permit program for classes or categories of dischargers or disposal systems.

(E) ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF THE REVISED CODE, THIS SECTION DOES NOT APPLY TO ANY PERSON WHO DISCHARGES AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 of the Revised Code, OR TO THE DISCHARGE OF STORM WATER FROM AN AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION.

(F) As used in this section, "Federal Water Pollution Control Act" means the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254, the "Municipal Wastewater Treatment Construction Grant Amendments of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.

Sec. 6111.036. (A) There is hereby created the water pollution control loan fund to provide financial, technical, and administrative assistance for the following purposes:

(1) Construction of publicly owned wastewater treatment works, as "construction" and "treatment works" are defined in section 212 of the "Federal Water Pollution Control Act," by municipal corporations, other political subdivisions, and interstate agencies having territory in this state;

(2) Implementation of nonpoint source pollution management programs under section 319 of that act;

(3) Development and implementation of estuary conservation and management programs under section 320 of that act.

To the extent they are otherwise allowable as determined by the director of environmental protection, the purposes identified under division (A) of this section are intended to include activities benefiting the waters of the state that are authorized under Chapter 3746. of the Revised Code.

The fund shall be administered by the director consistent with the "Federal Water Pollution Control Act"; regulations adopted under it, including, without limitation, regulations establishing public participation requirements applicable to the providing of financial assistance; this section; and rules adopted under division (O) of this section.

Moneys in the water pollution control loan fund shall be separate and apart from and not a part of the state treasury or of the other funds of the Ohio water development authority. Subject to the terms of the agreements provided for in divisions (B), (C), (D), and (F) of this section, moneys in the fund shall be held in trust by the Ohio water development authority for the purposes of this section, shall be kept in the same manner that funds of the authority are kept under section 6121.11 of the Revised Code, and may be invested in the same manner that funds of the authority are invested under section 6121.12 of the Revised Code. No withdrawals or disbursements shall be made from the water pollution control loan fund without the written authorization of the director or his THE DIRECTOR'S designated representative. The manner of authorization for any withdrawals or disbursements from the fund to be made by the authority shall be established in the agreements authorized under division (C) of this section.

(B) The director may enter into agreements to receive and assign moneys credited or to be credited to the water pollution control loan fund. The director may reserve capitalization grant moneys allotted to the state under sections 601 and 604(c)(2) of the "Federal Water Pollution Control Act" for the other purposes authorized for the use of capitalization grant moneys under sections 603(d)(7) and 604(b) of that act.

(C) The director shall ensure that fiscal controls are established for prudent administration of the water pollution control loan fund. For that purpose, the director and the Ohio water development authority shall enter into any necessary and appropriate agreements under which the authority may perform or provide any of the following:

(1) Fiscal controls and accounting procedures governing fund balances, receipts, and disbursements;

(2) Administration of loan accounts;

(3) Maintaining, managing, and investing moneys in the fund.

Any agreement entered into under this division shall provide for the payment of reasonable fees to the Ohio water development authority for any services it performs under the agreement and may provide for reasonable fees for the assistance of financial or accounting advisors. Payments of any such fees to the authority may be made from the water pollution control loan fund to the extent authorized by division (H)(7) of this section or from the water pollution control loan administrative fund created in division (E) of this section. The authority may enter into loan agreements with the director and recipients of financial assistance from the fund as provided in this section.

(D) The water pollution control loan fund shall consist of the moneys credited to it from all capitalization grants received under sections 601 and 604(c)(2) of the "Federal Water Pollution Control Act," all moneys received as capitalization grants under section 205(m) of that act, all matching moneys credited to the fund arising from nonfederal sources, all payments of principal and interest for loans made from the fund, and all investment earnings on moneys held in the fund. On or before the date on which a quarterly capitalization grant payment will be received under that act, matching moneys equal to at least twenty per cent of the quarterly capitalization grant payment shall be credited to the fund. The Ohio water development authority may make moneys available to the director for the purpose of providing the matching moneys required by this division, subject to such terms as the director and the authority consider appropriate, and may pledge moneys that are held by the authority to secure the payment of bonds or notes issued by the authority to provide those matching moneys. The authority may make moneys available to the director for that purpose from any funds now or hereafter available to the authority from any source, including, without limitation, the proceeds of bonds or notes heretofore or hereafter issued by the authority under Chapter 6121. of the Revised Code. Matching moneys made available to the director by the authority from the proceeds of any such bonds or notes shall be made available subject to the terms of the trust agreements relating to the bonds or notes. Any such matching moneys shall be made available to the director pursuant to a written agreement between the director and the authority that contains such terms as the director and the authority consider appropriate, including, without limitation, a provision providing for repayment to the authority of those matching moneys from moneys deposited in the water pollution control loan fund, including, without limitation, the proceeds of bonds or notes issued by the authority for the benefit of the fund and payments of principal and interest on loans made from the fund, or from any other sources now or hereafter available to the director for the repayment of those matching moneys.

(E) All moneys credited to the water pollution control loan fund, all interest earned on moneys in the fund, and all payments of principal and interest for loans made from the fund shall be dedicated in perpetuity and used and reused solely for the purposes set forth in division (A) of this section, except as otherwise provided in division (D) or (F) of this section. The director may establish and collect fees to be paid by recipients of financial assistance under this section, and all moneys arising from the fees shall be credited to the water pollution control loan administrative fund, which is hereby created in the state treasury, and shall be used to defray the costs of administering this section.

(F) The director and the Ohio water development authority shall enter into trust agreements to enable the authority to issue and refund bonds or notes for the sole benefit of the water pollution control loan fund, including, without limitation, the raising of the matching moneys required by division (D) of this section. These agreements may authorize the pledge of moneys accruing to the fund from payments of principal and interest on loans made from the fund adequate to secure bonds or notes, the proceeds of which bonds or notes shall be for the sole benefit of the water pollution control loan fund. The agreements may contain such terms as the director and the authority consider reasonable and proper for the security of the bondholders or noteholders.

(G) The director shall enter into binding commitments to provide financial assistance from the water pollution control loan fund in an amount equal to one hundred twenty per cent of the amount of each capitalization grant payment received, within one year after receiving each such grant payment. The director shall provide the financial assistance in compliance with this section and rules adopted under division (O) of this section. The director shall ensure that all moneys credited to the fund are disbursed in an expeditious and timely manner. During the second year of operation of the water pollution control loan program, the director also shall ensure that not less than twenty-five per cent of the financial assistance provided under this section during that year is provided for the purpose of division (H)(2) of this section for the purchase or refinancing of debt obligations incurred after March 7, 1985, but not later than July 1, 1988, except that if the amount of money reserved during the second year of operation of the program for the purchase or refinancing of those debt obligations exceeds the amount required for the projects that are eligible to receive financial assistance for that purpose, the director shall distribute the excess moneys in accordance with the current priority system and list prepared under division (I) of this section to provide financial assistance for projects that otherwise would not receive assistance in that year.

(H) Moneys credited to the water pollution control loan fund shall be used only for the following purposes:

(1) To make loans, subject to all of the following conditions:

(a) The loans are made at or below market rates of interest, including, without limitation, interest free loans;.

(b) Periodic payments of principal and interest shall commence not later than one year after completion of the project, and all loans shall be fully amortized not later than twenty years after project completion;.

(c) Each recipient of a loan shall establish a dedicated source of revenue for repayment of the loan;.

(d) All payments of principal and interest on the loans shall be credited to the fund, except as otherwise provided in division (D) or (F) of this section.

(2) To purchase or refinance at or below market rates of interest debt obligations incurred after March 7, 1985, by municipal corporations, other political subdivisions, and interstate agencies having territory in the state;

(3) To guarantee or purchase insurance for debt obligations of municipal corporations, other political subdivisions, and interstate agencies having territory within the state when the guarantee or insurance would improve the borrower's access to credit markets or would reduce the interest rate paid on those obligations;

(4) As a source of revenue or security for the payment of principal and interest on general obligation or revenue bonds or notes issued by this state if the proceeds of the sale of the bonds or notes will be deposited in the fund;

(5) To provide loan guarantees for revolving loan funds established by municipal corporations and other political subdivisions that are similar to the water pollution control loan fund;

(6) To earn interest on moneys credited to the fund;

(7) To pay the reasonable costs of administering the fund and this section, except that cumulative expenditures from the fund for administrative costs shall not at any time exceed four per cent of the total amount of the capitalization grants received.

(I) The director periodically shall prepare in accordance with rules adopted under division (O) of this section a state priority system and list ranking assistance proposals principally on the basis of their relative water quality and public health benefits and the financial need of the applicants for assistance. Assistance for proposed activities from the water pollution control loan fund shall be limited to those activities appearing on that priority list and shall be awarded based upon their priority sequence on the list and the applicants' readiness to proceed with their proposed activities. The director annually shall prepare and circulate for public review and comment a plan that defines the goals and intended uses of the fund, as required by section 606(c) of the "Federal Water Pollution Control Act."

(J) Financial assistance from the water pollution control loan fund first shall be used to ensure maintenance of progress, as determined by the governor, toward compliance with enforceable deadlines, goals, and requirements under the "Federal Water Pollution Control Act" that are pertinent to the purposes of the fund set forth in divisions (A)(1) to (3) of this section, including, without limitation, the municipal compliance deadline under that act.

(K) The director may provide financial assistance from the water pollution control loan fund for a publicly owned treatment works project only after determining that:

(1) Sewerage systems tributary to the treatment works are not subject to excessive infiltration and inflow;

(2) The applicant for financial assistance has the legal, institutional, managerial, and financial capability to construct, operate, and maintain its publicly owned treatment works;

(3) The applicant will implement a financial management plan that includes, without limitation, provisions for satisfactory repayment of the financial assistance, a proportional user charge system to pay the operation, maintenance, and replacement expenses of the project, and, if appropriate in the director's judgment, an adequate capital improvements fund;

(4) The proposed disposal system of which the project is a part is economically and nonmonetarily cost-effective, based upon an evaluation of feasible alternatives that meet the waste water treatment needs of the planning area in which the proposed project is located;

(5) Based upon the environmental review conducted by the director under division (L) of this section, there are no significant adverse environmental effects resulting from the proposed disposal system and the system has been selected from among environmentally sound alternatives;

(6) Public participation has occurred during the process of planning the project in compliance with applicable requirements under the "Federal Water Pollution Control Act";

(7) The applicant has submitted a facilities plan for the project that meets the applicable program requirements and that has been approved by the director;

(8) The application meets the requirements of this section and rules adopted under division (O) of this section and is consistent with the intent of Title VI of the "Federal Water Pollution Control Act" and regulations adopted under it;

(9) The application meets such other requirements as the director considers necessary or appropriate to protect the environment or ensure the financial integrity of the fund while implementing this section.

(L) The director shall perform and document for public review an independent, comprehensive environmental review of the assistance proposal for each activity receiving financial assistance under this section. The review shall serve as the basis for the determinations to be made under division (K)(5) or (Q)(4) of this section, as applicable, and may include, without limitation, an environmental assessment, any necessary supplemental studies, and an enforceable mitigation plan. The director may establish environmental impact mitigation terms or conditions for the implementation of an assistance proposal, including, without limitation, the installation or modification of a disposal system, in his THE DIRECTOR'S approval of the plans for the installation or modification as authorized by section 6111.44 of the Revised Code or through other legally enforceable means. The review shall be conducted in accordance with applicable rules adopted under division (O) of this section.

(M) The director, consistent with this section and applicable rules adopted under division (O) of this section, may enter into any agreement with an applicant that is necessary or appropriate to provide assistance from the water pollution control loan fund. Based upon his THE DIRECTOR'S review of an assistance proposal, including, without limitation, approval for the project under section 6111.44 of the Revised Code, the environmental review conducted under division (L) of this section, and the other requirements of this section and rules adopted under it, the director may establish in the agreement terms and conditions of the assistance to be offered to an applicant. In addition to any other available remedies, the director may terminate, suspend, or require immediate repayment of financial assistance provided under this section to, or take any other enforcement action available under this chapter against, a recipient of financial assistance under this section who defaults on any payment required in the agreement for financial assistance or otherwise violates a term or condition of the agreement or of the plan approval for the project under section 6111.44 of the Revised Code.

(N) Based upon the director's judgment as to the financial need of the applicant and as to what constitutes the most effective allocation of funds to achieve statewide water pollution control objectives, the director may establish the terms, conditions, and amount of financial assistance to be offered to an applicant from the water pollution control loan fund. The director, to the extent consistent with the water quality improvement priorities reflected in the current priority system and list prepared under division (I) of this section and with the long-term financial integrity of the fund, shall ensure each year that financial assistance in an amount equal to the cost of the assistance proposals of applicants having a high level of economic need that are on the current priority list and for which funding is available in that year is made available from the fund to those applicants at an interest rate that is lower than that offered to other applicants for financial assistance from the fund for assistance proposals that are on the current priority list and for which funding is available in that year.

The director shall determine the economic need of applicants for financial assistance in accordance with uniform criteria established in rules adopted under division (O) of this section.

(O) The director may adopt rules in accordance with Chapter 119. of the Revised Code for the implementation and administration of this section and section 6111.037 of the Revised Code. Any such rules governing the planning, design, and construction of water pollution control projects, establishing an environmental review process, establishing requirements for the preparation of environmental impact reports and mitigation plans, governing the establishment of priority systems for providing financial assistance under this section and section 6111.037 of the Revised Code, and governing the terms and conditions of assistance, shall be consistent with the intent of Titles II and VI and sections 319 and 320 of the "Federal Water Pollution Control Act." The rules governing the establishment of priority systems for financial assistance and governing terms and conditions of assistance shall provide for the most effective allocation of moneys from the water pollution control loan fund to achieve water quality and public health objectives throughout the state as determined by the director.

(P)(1) For the purpose of this section, appealable actions of the director pursuant to section 3745.04 of the Revised Code are limited to the following:

(a) Approval of draft priority systems, draft priority lists, and draft written program administration policies;

(b) Approval or disapproval of project facility plans under division (K)(7) of this section;

(c) Approval or disapproval of plans and specifications for a project under section 6111.44 of the Revised Code and issuance of a permit to install in connection with a project pursuant to rules adopted under section 6111.03 of the Revised Code;

(d) Approval or disapproval of an application for assistance.

(2) Notwithstanding section 119.06 of the Revised Code, the director may take final action described in division (P)(1)(a), (b), (c), or (d) of this section without holding an adjudication hearing in connection with the action and without first issuing a proposed action under section 3745.07 of the Revised Code.

(3) Each action described in divisions (P)(1)(a), (b), (c), and (d) of this section is a separate and discrete action of the director. Appeals of any such action are limited to the issues concerning the specific action appealed, and the appeal shall not include issues determined under the scope of any prior action.

(Q) The director may provide financial assistance for the implementation of a nonpoint source management program activity only after determining all of the following:

(1) The activity is consistent with the state's nonpoint source management program;

(2) The applicant has the legal, institutional, managerial, and financial capability to implement, operate, and maintain the activity;

(3) The cost of the activity is reasonable considering monetary and nonmonetary factors;

(4) Based on the environmental review conducted by the director under division (L) of this section, the activity will not result in significant adverse environmental impacts;

(5) The application meets the requirements of this section and rules adopted under division (O) of this section and is consistent with the intent of Title VI of the "Federal Water Pollution Control Act" and regulations adopted under it;

(6) The applicant will implement a financial management plan, including, without limitation, provisions for satisfactory repayment of the financial assistance;

(7) The application meets such other requirements as the director considers necessary or appropriate to protect the environment and ensure the financial integrity of the fund while implementing this section.

(R) THE DIRECTOR MAY ENTER INTO AGREEMENTS TO MAKE PASSTHROUGH GRANTS OF MONEYS CREDITED TO THE FUND TO THE DIRECTOR OF AGRICULTURE FOR THE PURPOSES OF DIVISION (B) OF SECTION 903.08 of the Revised Code.

(S) As used in this section, "Federal Water Pollution Control Act" means the "Federal Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254, the "Municipal Wastewater Treatment Construction Grant Amendments of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) Application of any materials to land for agricultural purposes or runoff of those materials from that application or pollution by animal waste or soil sediment, including attached substances, resulting from farming, silvicultural, or earthmoving activities regulated by Chapter 307. or 1515. of the Revised Code. Division (F)(3) of this section does not authorize, without a permit, any discharge from a treatment works for treating animal wastes having a controlled direct discharge into the waters of the state or any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.;

(4) The excrement of domestic and farm animals defecated on land or runoff therefrom into any waters of the state. Division (F)(4) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency. ON AND AFTER THE DATE ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.04 OF THE REVISED CODE, AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 of the Revised Code, OR STORM WATER FROM AN AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION;

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

(6) Septic tanks or any other disposal systems for the disposal or treatment of sewage from single-family, two-family, or three-family dwellings in compliance with the sanitary code and section 1541.21 or 3707.01 of the Revised Code. Division (F)(6) of this section does not authorize, without a permit, any discharge that is prohibited by, or for which a permit is required by, regulation of the United States environmental protection agency.

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

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

Sec. 6111.44. (A) Except as otherwise provided in DIVISION (B) OF THIS SECTION, IN section 6111.14 of the Revised Code, or in rules adopted under division (G) of section 6111.03 of the Revised Code, no municipal corporation, county, public institution, corporation, or officer or employee thereof or other person shall provide or install sewerage or treatment works for sewage, sludge, or sludge materials disposal or treatment or make a change in any sewerage or treatment works until the plans therefor have been submitted to and approved by the director of environmental protection. Sections 6111.44 to 6111.46 of the Revised Code apply to sewerage and treatment works of a municipal corporation or part thereof, an unincorporated community, a county sewer district, or other land outside of a municipal corporation or any publicly or privately owned building or group of buildings or place, used for the assemblage, entertainment, recreation, education, correction, hospitalization, housing, or employment of persons, but do not apply to sewerage or treatment works installed or to be installed for the use of a private residence or dwelling, or to animal waste treatment or disposal works and related management and conservation practices that are subject to rules adopted pursuant to division (E)(4) of section 1511.02 of the Revised Code and involving less than one thousand animal units as animal units are defined in the United States environmental protection agency regulations. This exclusion does not apply to animal waste treatment works having a controlled direct discharge to waters of the state.

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

(B) SECTIONS 6111.45 AND 6111.46 OF THE REVISED CODE AND DIVISION (A) OF THIS SECTION DO NOT APPLY TO ANY OF THE FOLLOWING:

(1) SEWERAGE OR TREATMENT WORKS FOR SEWAGE INSTALLED OR TO BE INSTALLED FOR THE USE OF A PRIVATE RESIDENCE OR DWELLING;

(2) ANIMAL WASTE DISPOSAL SYSTEMS AND RELATED MANAGEMENT AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES ADOPTED UNDER DIVISION (E)(4) OF SECTION 1511.02 OF THE REVISED CODE AND INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS AS DEFINED IN SECTION 903.01 OF THE REVISED CODE;

(3) AGRICULTURAL POLLUTANTS, AS DEFINED IN SECTION 903.01 of the Revised Code, OR STORM WATER FROM AN AGRICULTURAL OPERATION, AS DEFINED IN THAT SECTION.

General Revenue Fund

GRF	700-414	Concentrated Animal Feeding Operation Advisory Committee	$	0	$	25,000
GRF	700-418	Livestock Regulation Program	$	0	$	1,700,000
TOTAL GRF General Revenue Fund			$	0	$	1,725,000
State Special Revenue Fund Group
5L8	700-604	Livestock Management Fund	$	0	$	250,000
TOTAL SSR State Special Revenue
Fund Group			$	0	$	250,000
TOTAL ALL BUDGET FUND GROUPS			$	0	$	1,975,000

Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in Am. Sub. H.B. 283 of the 123rd General Assembly.

The appropriations made in this act are subject to all provisions of Am. Sub. H.B. 283 of the 123rd General Assembly that are generally applicable to such appropriations.

(B) On the date on which the Director of Agriculture has finalized the program required under division (B)(1) of section 903.02 of the Revised Code, as enacted by this act, the Director of Environmental Protection shall provide the Director of Agriculture with both of the following:

(1) Copies of all permits issued under division (J)(1) of section 6111.03 of the Revised Code for the installation of disposal systems for agricultural operations that were issued on or before that date together with any related information that the Director of Agriculture requests;

(2) All permit applications and accompanying information that were submitted under division (J)(1) of section 6111.03 of the Revised Code prior to the date specified in division (B) of this section for the installation of disposal systems identified in that division.

(C) On the date on which the United States Environmental Protection Agency approves the NPDES program submitted by the Director of Agriculture under section 903.04 of the Revised Code, as enacted by this act, the Director of Environmental Protection shall provide the Director of Agriculture with both of the following:

(1) Copies of all permits issued under division (J)(1) of section 6111.03 of the Revised Code for the discharge of agricultural pollutants and the discharge of storm water from agricultural operations that were issued on or before that date together with any related information that the Director of Agriculture requests;

(2) All permit applications and accompanying information that were submitted under division (J)(1) of section 6111.03 of the Revised Code prior to the date specified in division (C) of this section for the activities identified in that division.