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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 141 |
SENATORS MUMPER-DRAKE-WHITE-KEARNS
REPRESENTATIVES VESPER-BUCHY-ASLANIDES-COLLIER-WIDENER-
NETZLEY-KRUPINSKI-HOOD-STAPLETON-EVANS-FLANNERY-BARNES
A BILL
To amend sections 1511.02, 1511.021, 1511.022, 1511.07, 1511.071, 1515.08,
3745.04, 6111.03, 6111.035, 6111.04,
6111.44, and 6111.45 and to
enact sections 307.204, 505.266, 903.01 to 903.20,
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
facilities from the Director of Environmental Protection to the
Director of Agriculture, to
provide for the regulation of concentrated
animal feeding facilities and concentrated animal feeding operations,
to transfer authority to issue national pollutant discharge
elimination system permits for concentrated animal feeding operations and
certain
other entities from the Director of Environmental Protection to
the Director of Agriculture, to require certain existing concentrated animal
feeding facilities to obtain review compliance certificates, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1511.02, 1511.021, 1511.022, 1511.07, 1511.071,
1515.08, 3745.04, 6111.03, 6111.035,
6111.04, 6111.44, and 6111.45
be amended and sections 307.204, 505.266, 903.01, 903.02, 903.03,
903.04,
903.05, 903.06, 903.07, 903.08, 903.09, 903.10, 903.11, 903.12, 903.13,
903.14, 903.15, 903.16, 903.17, 903.18, 903.19, 903.20, and 903.99 of the
Revised Code be enacted to read as follows:
Sec. 307.204. (A) AS USED IN THIS SECTION:
(1) "ANIMAL UNIT,"
"CONCENTRATED ANIMAL FEEDING FACILITY," AND "MAJOR CONCENTRATED ANIMAL
FEEDING
FACILITY" HAVE THE SAME MEANINGS AS IN SECTION 903.01 of the Revised Code.
(2) "FACILITY" MEANS A PROPOSED NEW OR EXPANDED MAJOR
CONCENTRATED ANIMAL FEEDING FACILITY.
(3) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR BOTH
OF COUNTY INFRASTRUCTURE.
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL
PROVIDE WRITTEN NOTIFICATION AS REQUIRED UNDER DIVISION (C) OF THIS
SECTION TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
IN WHICH
A FACILITY IS OR IS TO BE LOCATED:
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING FACILITY;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN EXISTING
MAJOR CONCENTRATED ANIMAL FEEDING FACILITY BY TEN PER CENT OR MORE IN EXCESS
OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR
MODIFICATION OF THE FACILITY OR FOR INSTALLATION OR
MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE FACILITY 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 FACILITY BY TEN PER CENT OR MORE IN EXCESS OF THE
DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR CONSTRUCTION OR
MODIFICATION OF THE FACILITY OR FOR INSTALLATION OR
MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE FACILITY 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) THE
PERSON
SHALL NOTIFY THE BOARD IN WRITING BY CERTIFIED MAIL OF THE PROPOSED
CONSTRUCTION OR EXPANSION OF THE FACILITY AND INCLUDE THE
FOLLOWING INFORMATION:
(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND FROM
THE FACILITY;
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES TRAVELING TO AND
FROM THE FACILITY.
(D) AT THE REQUEST OF THE BOARD, THE COUNTY ENGINEER MAY REVIEW
THE
WRITTEN NOTIFICATION 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 FACILITY, INCLUDING
INCREASED TRAVEL OR THE TYPES OF VEHICLES ON COUNTY ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND MAINTENANCE.
NOT LATER THAN TEN DAYS AFTER RECEIVING THE WRITTEN NOTIFICATION, THE BOARD
MAY REQUEST THE
PERSON TO
PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING
THE IMPACT OF THE FACILITY ON COUNTY INFRASTRUCTURE. THE PERSON
SHALL PROVIDE THE INFORMATION NOT LATER THAN TEN DAYS AFTER THE REQUEST IS
MADE.
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL WRITTEN
NOTIFICATION IS RECEIVED BY THE BOARD, THE BOARD
SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS, IF ANY, CONCERNING THE
IMPROVEMENTS
THAT WILL BE NEEDED AS A RESULT OF THE FACILITY 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 WRITTEN NOTIFICATION REQUIRED UNDER THIS SECTION WAS
SUBMITTED 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 TO INSTALL FOR THE
FACILITY AS REQUIRED UNDER DIVISION (C)(4) 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.
THE BOARD SHALL ALLOW SUFFICIENT TIME FOR THE PERSON
TO APPLY FOR AND PROCEED TO OBTAIN, FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION, MODIFICATION, OR MAINTENANCE OF THE IMPROVEMENTS, EXEMPTIONS
FROM TAXATION UNDER
SECTIONS 5709.63, 5709.632, 5709.73, AND 5709.78 of the Revised Code OR STATE OR FEDERAL
GRANTS THAT MAY
BE AVAILABLE.
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
FACILITY, OR IF THE ROUTES OF TRAVEL TO OR FROM THE FACILITY
CHANGE FOR ANY REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY
THE COUNTY, THE BOARD OR THE PERSON MAY REQUEST THAT ADDITIONAL INFORMATION BE
PROVIDED IN WRITING AND
SHALL PROCEED AS PROVIDED IN THIS SECTION FOR THE NOTIFICATION AND
RECOMMENDATION PROCEEDINGS.
Sec. 505.266. (A) AS USED IN THIS SECTION:
(1) "ANIMAL UNIT," "CONCENTRATED ANIMAL FEEDING FACILITY," AND
"MAJOR CONCENTRATED ANIMAL FEEDING FACILITY" HAVE THE SAME MEANINGS AS IN
SECTION 903.01 OF THE REVISED CODE.
(2) "FACILITY" MEANS A PROPOSED NEW OR EXPANDED MAJOR
CONCENTRATED ANIMAL FEEDING FACILITY.
(3) "IMPROVEMENT" MEANS THE CONSTRUCTION, MODIFICATION, OR BOTH
OF TOWNSHIP INFRASTRUCTURE.
(B) A PERSON WHO PROPOSES TO DO ANY OF THE FOLLOWING SHALL
PROVIDE WRITTEN NOTIFICATION AS REQUIRED UNDER DIVISION (C) OF THIS
SECTION TO THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH A FACILITY
IS OR IS TO BE LOCATED:
(1) ESTABLISH A NEW MAJOR CONCENTRATED ANIMAL FEEDING FACILITY;
(2) INCREASE THE NUMBER OF ANIMAL UNITS OF DESIGN CAPACITY OF AN
EXISTING MAJOR CONCENTRATED ANIMAL FEEDING FACILITY BY TEN PER CENT OR
MORE IN EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR
CONSTRUCTION OR MODIFICATION OF THE FACILITY OR FOR INSTALLATION
OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE FACILITY 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 FACILITY BY TEN PER CENT OR MORE IN
EXCESS OF THE DESIGN CAPACITY SET FORTH IN THE CURRENT PERMIT FOR
CONSTRUCTION OR MODIFICATION OF THE FACILITY OR FOR INSTALLATION
OR MODIFICATION OF THE DISPOSAL SYSTEM FOR MANURE AT THE FACILITY
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) THE PERSON SHALL NOTIFY THE BOARD IN WRITING BY CERTIFIED
MAIL OF THE PROPOSED CONSTRUCTION OR EXPANSION
OF THE FACILITY AND INCLUDE THE FOLLOWING INFORMATION:
(1) THE ANTICIPATED TRAVEL ROUTES OF MOTOR VEHICLES TO AND FROM
THE FACILITY;
(2) THE ANTICIPATED NUMBER AND WEIGHTS OF MOTOR VEHICLES TRAVELING TO AND
FROM THE FACILITY.
(D) AT THE REQUEST
OF THE BOARD, THE COUNTY ENGINEER MAY REVIEW THE WRITTEN NOTIFICATION 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 FACILITY, INCLUDING
INCREASED TRAVEL OR THE TYPES OF VEHICLES ON TOWNSHIP ROADS;
(2) THE PROJECTED COSTS OF THE IMPROVEMENTS AND MAINTENANCE.
NOT LATER THAN TEN DAYS AFTER RECEIVING THE WRITTEN NOTIFICATION, THE BOARD
MAY REQUEST THE
PERSON TO
PROVIDE ADDITIONAL REASONABLE AND RELEVANT INFORMATION REGARDING THE
IMPACT OF THE FACILITY ON TOWNSHIP INFRASTRUCTURE. THE PERSON SHALL
PROVIDE THE INFORMATION NOT LATER THAN TEN DAYS AFTER THE REQUEST IS MADE.
(E)(1) NOT LATER THAN THIRTY DAYS AFTER THE INITIAL WRITTEN
NOTIFICATION IS RECEIVED BY THE BOARD, THE BOARD
SHALL SUBMIT TO THE PERSON ITS RECOMMENDATIONS, IF ANY, CONCERNING THE
IMPROVEMENTS
THAT WILL BE NEEDED AS A RESULT OF THE FACILITY 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 WRITTEN NOTIFICATION REQUIRED UNDER THIS SECTION WAS
SUBMITTED 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 TO INSTALL FOR THE
FACILITY AS REQUIRED UNDER DIVISION (C)(4) 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.
THE BOARD SHALL ALLOW SUFFICIENT TIME FOR THE PERSON
TO APPLY FOR AND PROCEED TO OBTAIN, FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION, MODIFICATION, OR MAINTENANCE OF THE IMPROVEMENTS, EXEMPTIONS
FROM TAXATION UNDER
SECTIONS 5709.63, 5709.632, 5709.73, AND 5709.78 of the Revised Code OR STATE OR FEDERAL
GRANTS THAT MAY
BE AVAILABLE.
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
FACILITY, OR IF THE ROUTES OF TRAVEL TO OR FROM THE FACILITY CHANGE FOR ANY
REASON OTHER THAN ROAD CONSTRUCTION CONDUCTED BY THE
TOWNSHIP, THE BOARD OR THE PERSON MAY REQUEST THAT ADDITIONAL INFORMATION BE
PROVIDED IN WRITING AND SHALL
PROCEED AS PROVIDED IN THIS SECTION FOR THE NOTIFICATION AND RECOMMENDATION
PROCEEDINGS.
Sec. 903.01. AS USED IN THIS CHAPTER:
(A) "AGRICULTURAL ANIMAL" MEANS ANY
ANIMAL GENERALLY USED FOR FOOD OR IN THE PRODUCTION OF FOOD,
INCLUDING CATTLE, SHEEP, GOATS, RABBITS, POULTRY, AND SWINE;
HORSES; AND ANY OTHER ANIMAL INCLUDED BY THE DIRECTOR OF AGRICULTURE BY
RULE.
(B) "ANIMAL FEEDING FACILITY" MEANS A LOT, OR BUILDING, OR
STRUCTURE
WHERE BOTH OF THE FOLLOWING
CONDITIONS ARE MET:
(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 IN ANY TWELVE-MONTH PERIOD.
(2) CROPS, VEGETATIVE FORAGE GROWTH, OR POST-HARVEST RESIDUES
ARE NOT SUSTAINED IN THE NORMAL GROWING SEASON OVER ANY PORTION OF THE LOT,
BUILDING, OR STRUCTURE.
"ANIMAL FEEDING FACILITY" ALSO INCLUDES LAND THAT IS OWNED OR
LEASED BY THE OWNER OR OPERATOR OF THE LOT, BUILDING, OR STRUCTURE
AND ON WHICH MANURE ORIGINATING FROM THE LOT, BUILDING, OR
STRUCTURE IS APPLIED. "ANIMAL FEEDING FACILITY" DOES NOT INCLUDE A
HATCHERY, FISH FARM, OR OTHER FACILITY THAT RAISES AQUATIC
ANIMALS.
TWO OR MORE ANIMAL FEEDING FACILITIES UNDER COMMON OWNERSHIP
SHALL BE CONSIDERED TO BE A SINGLE
ANIMAL FEEDING FACILITY FOR THE PURPOSES OF THIS CHAPTER IF THEY ADJOIN EACH
OTHER OR IF THEY USE A COMMON
AREA OR SYSTEM FOR THE DISPOSAL OF WASTES.
(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) "BEST MANAGEMENT PRACTICES" MEANS BEST MANAGEMENT
PRACTICES
ESTABLISHED IN RULES.
(E) "CONCENTRATED ANIMAL FEEDING FACILITY" MEANS AN
ANIMAL
FEEDING FACILITY WITH A TOTAL DESIGN CAPACITY OF MORE THAN ONE THOUSAND
ANIMAL UNITS.
(F) "CONCENTRATED ANIMAL FEEDING OPERATION" HAS THE SAME MEANING
AS IN REGULATIONS ADOPTED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
(G) "DISCHARGE" MEANS TO ADD FROM A POINT SOURCE TO WATERS
OF THE
STATE.
(H) "FEDERAL WATER POLLUTION
CONTROL ACT" MEANS THE
"FEDERAL WATER POLLUTION CONTROL
ACT AMENDMENTS OF 1972," 86 STAT. 816, 33
U.S.C.
1251 ET. SEQ., AS AMENDED, AND REGULATIONS ADOPTED UNDER IT.
(I) "FINALIZED," WITH RESPECT TO THE PROGRAMS REQUIRED UNDER
DIVISION (A)(1) OF SECTION 903.02 AND DIVISION (A)(1) OF
SECTION
903.03 of the Revised Code, MEANS THAT ALL RULES THAT ARE NECESSARY FOR THE ADMINISTRATION OF
THIS
CHAPTER HAVE BEEN ADOPTED AND ALL EMPLOYEES OF THE
DEPARTMENT OF AGRICULTURE THAT ARE NECESSARY FOR THE ADMINISTRATION OF
THIS CHAPTER HAVE BEEN EMPLOYED.
(J) "GENERAL PERMIT" HAS THE MEANING THAT IS ESTABLISHED IN
RULES.
(K) "INDIVIDUAL PERMIT" HAS THE MEANING THAT IS ESTABLISHED IN
RULES.
(L) "INSTALLATION PERMIT" MEANS A PERMIT FOR THE
INSTALLATION OR
MODIFICATION OF A DISPOSAL SYSTEM OR ANY PART OF A DISPOSAL SYSTEM ISSUED BY
THE DIRECTOR OF
ENVIRONMENTAL PROTECTION UNDER DIVISION (J)(1) OF SECTION 6111.03
OF THE REVISED CODE.
(M) "MAJOR CONCENTRATED ANIMAL FEEDING FACILITY" MEANS A
CONCENTRATED ANIMAL FEEDING FACILITY WITH A TOTAL DESIGN CAPACITY OF MORE
THAN TEN THOUSAND ANIMAL UNITS.
(N) "MANURE" MEANS ANY OF THE FOLLOWING WASTES USED IN OR
RESULTING FROM THE
PRODUCTION OF AGRICULTURAL ANIMALS OR DIRECT AGRICULTURAL PRODUCTS
SUCH AS MILK OR EGGS: ANIMAL EXCRETA, DISCARDED
PRODUCTS, BEDDING, PROCESS WASTE WATER, PROCESS GENERATED WASTE WATER, WASTE
FEED, SILAGE DRAINAGE, AND
COMPOST PRODUCTS RESULTING FROM MORTALITY COMPOSTING OR THE
COMPOSTING OF ANIMAL EXCRETA.
(O) "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.
(P) "MORTALITY COMPOSTING" MEANS THE CONTROLLED
DECOMPOSITION OF ORGANIC SOLID MATERIAL CONSISTING OF DEAD
ANIMALS THAT STABILIZES THE ORGANIC FRACTION OF THE
MATERIAL.
(Q) "NPDES PERMIT" MEANS A PERMIT ISSUED UNDER THE
NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM ESTABLISHED IN SECTION 402 OF
THE FEDERAL WATER POLLUTION CONTROL
ACT AND INCLUDES THE
RENEWAL OF SUCH A PERMIT.
"NPDES PERMIT" INCLUDES THE FEDERALLY ENFORCEABLE PROVISIONS OF A
PERMIT TO OPERATE INTO WHICH
NPDES PERMIT PROVISIONS HAVE BEEN INCORPORATED.
(R) "PERMIT" INCLUDES AN INITIAL, RENEWED, OR MODIFIED PERMIT TO
INSTALL, PERMIT TO OPERATE, NPDES PERMIT, AND INSTALLATION PERMIT
UNLESS EXPRESSLY STATED OTHERWISE.
(S) "PERMIT TO INSTALL" MEANS A PERMIT ISSUED UNDER
SECTION
903.02 OF THE REVISED CODE.
(T) "PERMIT TO OPERATE" MEANS A PERMIT ISSUED OR RENEWED
UNDER
SECTION 903.03 OF THE REVISED CODE AND INCLUDES INCORPORATED
NPDES
PERMIT PROVISIONS, IF APPLICABLE.
(U) "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.
(V) "POINT SOURCE" HAS THE
SAME MEANING AS IN THE FEDERAL WATER POLLUTION
CONTROL ACT.
(W) "PROCESS GENERATED WASTE WATER" MEANS WATER THAT IS DIRECTLY
OR
INDIRECTLY USED IN THE OPERATION OF AN ANIMAL FEEDING FACILITY FOR ANY
OF THE
FOLLOWING:
(1) SPILLAGE OR OVERFLOW FROM ANIMAL WATERING
SYSTEMS;
(2) WASHING, CLEANING, OR FLUSHING PENS, BARNS, MANURE PITS, OR
OTHER AREAS OF AN ANIMAL FEEDING FACILITY;
(3) DIRECT CONTACT SWIMMING, WASHING, OR SPRAY COOLING OF
ANIMALS;
(4) DUST CONTROL.
(X) "PROCESS WASTE WATER" MEANS ANY PROCESS GENERATED WASTE
WATER AND ANY PRECIPITATION, INCLUDING RAIN OR SNOW, THAT COMES INTO CONTACT
WITH MANURE, LITTER,
BEDDING, OR ANY OTHER RAW MATERIAL OR INTERMEDIATE OR FINAL
MATERIAL OR PRODUCT USED IN OR RESULTING FROM THE PRODUCTION OF
ANIMALS OR DIRECT PRODUCTS SUCH AS MILK OR EGGS.
(Y) "PUBLIC MEETING" MEANS A NONADVERSARIAL PUBLIC HEARING AT
WHICH A PERSON MAY PRESENT WRITTEN OR ORAL STATEMENTS FOR THE
DIRECTOR OF AGRICULTURE'S CONSIDERATION AND INCLUDES PUBLIC
HEARINGS HELD UNDER SECTION 6111.12 OF THE REVISED CODE.
(Z) "REVIEW COMPLIANCE CERTIFICATE" MEANS A CERTIFICATE ISSUED
UNDER SECTION 903.04 OF THE REVISED CODE.
(AA) "RULE" MEANS A RULE ADOPTED UNDER SECTION 903.10 of the Revised Code.
(BB) "WATERS OF THE STATE" HAS THE SAME MEANING AS IN SECTION
6111.01 of the Revised Code.
Sec. 903.02. (A)(1) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
THE EFFECTIVE
DATE OF THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL PREPARE A
PROGRAM FOR THE ISSUANCE OF PERMITS TO INSTALL UNDER THIS SECTION.
(2) ON AND AFTER THE
DATE ON WHICH THE DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION
(A)(1) OF THIS SECTION, NO PERSON SHALL MODIFY AN
EXISTING OR CONSTRUCT A NEW CONCENTRATED ANIMAL FEEDING
FACILITY WITHOUT FIRST OBTAINING A PERMIT TO INSTALL ISSUED BY THE DIRECTOR
UNDER THIS SECTION.
(B) THE DIRECTOR OR
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY HELP AN APPLICANT FOR A PERMIT
TO INSTALL DURING THE PERMITTING PROCESS BY PROVIDING GUIDANCE AND
TECHNICAL ASSISTANCE.
(C) AN APPLICANT FOR
A PERMIT TO INSTALL SHALL SUBMIT AN APPLICATION TO THE DIRECTOR ON A FORM
THAT THE DIRECTOR PRESCRIBES AND PROVIDES TOGETHER WITH A FEE
IN AN AMOUNT ESTABLISHED BY RULE. THE APPLICANT SHALL INCLUDE
WITH THE APPLICATION ALL OF THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL
PARTNERS IF THE APPLICANT IS A PARTNERSHIP 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 CONCENTRATED ANIMAL FEEDING FACILITY WOULD HAVE THE DESIGN
CAPACITY TO RAISE
OR MAINTAIN;
(3) DESIGNS AND PLANS FOR THE PROPOSED
CONSTRUCTION OF THE CONCENTRATED ANIMAL FEEDING FACILITY THAT INCLUDE THE
PROPOSED LOCATION OF THE CONSTRUCTION, DESIGN
AND CONSTRUCTION PLANS AND SPECIFICATIONS,
ANTICIPATED BEGINNING AND ENDING DATES FOR WORK PERFORMED, AND
ANY OTHER INFORMATION THAT THE DIRECTOR REQUIRES BY RULE;
(4) IN THE CASE OF AN APPLICATION FOR A CONCENTRATED ANIMAL FEEDING
FACILITY THAT MEETS THE CRITERIA ESTABLISHED IN SECTIONS 307.204 AND 505.266
OF THE
REVISED
CODE, WRITTEN STATEMENTS FROM THE
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF
TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE CONCENTRATED ANIMAL FEEDING
FACILITY WOULD BE LOCATED CERTIFYING THAT, IN ACCORDANCE WITH THOSE SECTIONS,
THE
APPLICANT HAS PROVIDED THE BOARDS WITH THE REQUIRED WRITTEN NOTIFICATION AND
THAT FINAL RECOMMENDATIONS WERE SELECTED REGARDING IMPROVEMENTS, IF ANY, TO
COUNTY OR TOWNSHIP INFRASTRUCTURE THAT ARE NEEDED AS A RESULT OF THE NEW OR
EXPANDED CONCENTRATED ANIMAL FEEDING FACILITY AND THE COSTS OF THOSE
IMPROVEMENTS;
(5) A STATEMENT OF THE QUANTITY OF
WATER THAT THE CONCENTRATED ANIMAL FEEDING FACILITY WILL UTILIZE ON AN
AVERAGE DAILY AND
ANNUAL BASIS, A DETAILED DESCRIPTION OF THE BASIS FOR THE
CALCULATION UTILIZED IN DETERMINING THE QUANTITY OF WATER
UTILIZED, AND A STATEMENT IDENTIFYING THE SOURCE FOR THE WATER;
(6) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE WITH
THE
FEDERAL
WATER
POLLUTION
CONTROL ACT REQUIRED
TO BE PROVIDED UNDER SECTION 903.05 OF THE REVISED CODE, IF
APPLICABLE;
(7) ANY OTHER INFORMATION REQUIRED BY RULE.
INFORMATION REQUIRED TO BE INCLUDED IN AN APPLICATION FOR THE
MODIFICATION OF A PERMIT TO INSTALL, TOGETHER WITH THE APPLICABLE FEE AMOUNT,
SHALL BE ESTABLISHED IN RULES.
(D) THE DIRECTOR SHALL ISSUE PERMITS TO INSTALL IN ACCORDANCE
WITH SECTION 903.09 of the Revised Code. THE DIRECTOR SHALL DENY A PERMIT TO INSTALL IF
EITHER OF THE FOLLOWING APPLIES:
(1) THE PERMIT APPLICATION CONTAINS
MISLEADING OR FALSE INFORMATION.
(2) THE DESIGNS AND PLANS FAIL TO CONFORM TO BEST MANAGEMENT
PRACTICES.
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT TO INSTALL SHALL BE THOSE
ESTABLISHED IN THIS CHAPTER AND RULES.
(E) A PERMIT TO INSTALL SHALL EXPIRE AFTER A PERIOD
SPECIFIED BY
THE DIRECTOR UNLESS THE APPLICANT HAS UNDERTAKEN A CONTINUING PROGRAM OF
CONSTRUCTION OR HAS ENTERED INTO A BINDING
CONTRACTUAL OBLIGATION TO UNDERTAKE AND COMPLETE A CONTINUING
PROGRAM OF CONSTRUCTION WITHIN A REASONABLE TIME. THE DIRECTOR
MAY EXTEND THE EXPIRATION DATE OF A PERMIT TO INSTALL UPON REQUEST
OF THE APPLICANT.
(F) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A PERMIT TO
INSTALL IN ACCORDANCE WITH RULES.
(G) NOTHING IN THIS CHAPTER AFFECTS SECTION 1521.16 of the Revised Code.
Sec. 903.03. (A)(1) NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER
THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL PREPARE
A PROGRAM FOR THE ISSUANCE OF PERMITS TO OPERATE UNDER THIS SECTION.
(2) EXCEPT FOR A CONCENTRATED ANIMAL FEEDING FACILITY THAT IS
OPERATING UNDER AN INSTALLATION PERMIT OR A REVIEW COMPLIANCE
CERTIFICATE, ON AND AFTER THE DATE ON WHICH THE DIRECTOR HAS FINALIZED THE
PROGRAM REQUIRED UNDER DIVISION (A)(1) OF THIS SECTION, NO PERSON
SHALL OPERATE A CONCENTRATED ANIMAL FEEDING FACILITY
WITHOUT A PERMIT TO OPERATE ISSUED BY THE
DIRECTOR UNDER THIS SECTION.
(B) THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED
REPRESENTATIVE MAY
HELP AN APPLICANT FOR A PERMIT TO OPERATE DURING THE PERMITTING PROCESS
BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.
(C) AN APPLICANT FOR A PERMIT TO OPERATE SHALL SUBMIT A FEE IN AN
AMOUNT ESTABLISHED
BY RULE TOGETHER WITH, EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(E) OF THIS SECTION, AN
APPLICATION TO THE DIRECTOR ON A FORM THAT THE DIRECTOR PRESCRIBES AND
PROVIDES. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL OF THE
FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE APPLICANT, OF ALL PARTNERS IF
THE APPLICANT IS A PARTNERSHIP OR 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) INFORMATION CONCERNING THE APPLICANT'S PAST COMPLIANCE WITH
THE FEDERAL WATER POLLUTION CONTROL
ACT THAT IS REQUIRED TO BE PROVIDED UNDER SECTION 903.05 of the Revised Code, IF
APPLICABLE;
(3) A MANURE MANAGEMENT PLAN FOR THE CONCENTRATED ANIMAL FEEDING
FACILITY THAT CONFORMS TO BEST MANAGEMENT PRACTICES REGARDING THE
HANDLING, STORAGE, TRANSPORTATION, AND LAND APPLICATION OF MANURE
GENERATED AT THE FACILITY AND THAT CONTAINS ANY OTHER INFORMATION
REQUIRED BY RULE;
(4) AN INSECT AND RODENT CONTROL PLAN FOR THE CONCENTRATED
ANIMAL FEEDING FACILITY THAT CONFORMS TO BEST MANAGEMENT PRACTICES AND IS
PREPARED IN ACCORDANCE WITH SECTION 903.06 of the Revised Code;
(5) IN THE CASE OF AN APPLICATION FOR A MAJOR CONCENTRATED
ANIMAL FEEDING FACILITY, WRITTEN PROOF THAT THE PERSON WHO WOULD BE
RESPONSIBLE FOR THE SUPERVISION OF THE MANAGEMENT AND HANDLING OF MANURE
AT THE FACILITY HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION
IN ACCORDANCE WITH SECTION 903.07 of the Revised Code OR WILL
OBTAIN A LIVESTOCK MANAGER CERTIFICATION PRIOR TO APPLYING ANY MANURE
TO LAND.
(D) THE DIRECTOR SHALL ISSUE PERMITS TO OPERATE IN ACCORDANCE
WITH SECTION 903.09 OF THE REVISED CODE. THE DIRECTOR SHALL
DENY
A PERMIT TO OPERATE IF EITHER OF THE FOLLOWING APPLIES:
(1) THE PERMIT APPLICATION CONTAINS MISLEADING OR FALSE
INFORMATION;
(2) THE MANURE MANAGEMENT PLAN OR INSECT AND RODENT CONTROL PLAN
FAILS TO CONFORM TO BEST MANAGEMENT PRACTICES.
ADDITIONAL GROUNDS FOR THE DENIAL OF A PERMIT TO OPERATE SHALL BE
THOSE ESTABLISHED IN THIS CHAPTER AND IN RULES.
(E) THE DIRECTOR SHALL ISSUE GENERAL
PERMITS TO OPERATE FOR CATEGORIES OF CONCENTRATED ANIMAL FEEDING FACILITIES
THAT WILL APPLY IN LIEU OF INDIVIDUAL PERMITS TO OPERATE, PROVIDED THAT EACH
CATEGORY OF FACILITIES MEETS ALL
OF THE CRITERIA ESTABLISHED IN RULES FOR GENERAL PERMITS TO
OPERATE. A PERSON WHO IS REQUIRED
TO OBTAIN A PERMIT TO OPERATE SHALL SUBMIT TO THE DIRECTOR A
NOTICE OF THE PERSON'S INTENT TO BE COVERED UNDER AN EXISTING GENERAL PERMIT
OR, AT THE PERSON'S OPTION, SHALL SUBMIT AN APPLICATION FOR AN
INDIVIDUAL PERMIT TO OPERATE. UPON RECEIPT OF A NOTICE OF INTENT
TO BE COVERED UNDER AN EXISTING GENERAL PERMIT, THE DIRECTOR SHALL NOTIFY THE
APPLICANT IN WRITING THAT THE PERSON IS
COVERED BY THE GENERAL PERMIT IF THE PERSON SATISFIES THE CRITERIA
ESTABLISHED IN RULES FOR ELIGIBILITY FOR SUCH COVERAGE. IF THE PERSON IS
INELIGIBLE FOR COVERAGE UNDER THE GENERAL PERMIT, THE DIRECTOR SHALL
REQUIRE THE SUBMISSION OF AN APPLICATION FOR AN INDIVIDUAL PERMIT
TO OPERATE.
(F) A PERMIT TO OPERATE SHALL BE VALID FOR A PERIOD OF FIVE
YEARS.
(G) A PERMIT TO OPERATE MAY BE RENEWED. AN APPLICATION FOR
RENEWAL OF A PERMIT TO OPERATE SHALL BE SUBMITTED TO THE DIRECTOR AT LEAST ONE
HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION DATE OF
THE PERMIT TO OPERATE AND SHALL COMPLY WITH THE REQUIREMENTS
GOVERNING APPLICATIONS FOR PERMITS TO OPERATE THAT ARE ESTABLISHED
UNDER THIS SECTION AND BY RULES, INCLUDING REQUIREMENTS PERTAINING TO PUBLIC
NOTICE AND PARTICIPATION.
(H) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A PERMIT
TO OPERATE IN ACCORDANCE WITH RULES.
Sec. 903.04. (A) AS USED IN THIS SECTION, "EXISTING
CONCENTRATED ANIMAL FEEDING FACILITY" OR "EXISTING FACILITY" MEANS A
CONCENTRATED ANIMAL FEEDING FACILITY THAT WAS IN
EXISTENCE PRIOR TO THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE
HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF
SECTION 903.03 OF THE REVISED CODE AND THAT HAS RECEIVED AN
INSTALLATION PERMIT
PRIOR TO THAT DATE.
(B) ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE
HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF
SECTION 903.02 OF THE REVISED CODE,
THE AUTHORITY TO ENFORCE TERMS AND CONDITIONS OF INSTALLATION
PERMITS THAT PREVIOUSLY WERE ISSUED TO ANIMAL FEEDING FACILITIES SHALL BE
TRANSFERRED FROM
THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE DIRECTOR OF
AGRICULTURE. THEREAFTER, THE DIRECTOR OF ENVIRONMENTAL PROTECTION
SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF
THOSE INSTALLATION PERMITS. ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF
AGRICULTURE HAS FINALIZED THE PROGRAM
REQUIRED UNDER DIVISION (A)(1) OF SECTION 903.02 of the Revised Code, AN
INSTALLATION PERMIT
CONCERNING WHICH ENFORCEMENT AUTHORITY HAS BEEN TRANSFERRED SHALL
BE DEEMED TO HAVE BEEN ISSUED UNDER THIS SECTION.
(C) A PERSON TO WHOM AN INSTALLATION PERMIT HAS BEEN
ISSUED BY
THE DIRECTOR OF ENVIRONMENTAL PROTECTION PRIOR TO THE DATE ON WHICH THE
DIRECTOR OF AGRICULTURE HAS FINALIZED THE PROGRAM REQUIRED
UNDER DIVISION (A)(1) OF SECTION 903.03 of the Revised Code MAY
CONTINUE TO OPERATE UNDER THAT PERMIT UNTIL EITHER OF THE FOLLOWING
OCCURS:
(1) THE INSTALLATION PERMIT IS TERMINATED THROUGH THE DENIAL OF
A REVIEW COMPLIANCE CERTIFICATE UNDER DIVISION (F) OF THIS
SECTION.
(2) THE PERSON IS REQUIRED UNDER DIVISION (H) OF THIS
SECTION TO
OBTAIN A PERMIT TO OPERATE.
(D) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, ON AND AFTER
THE DATE THAT IS TWO YEARS AFTER THE DATE ON WHICH THE DIRECTOR HAS
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF
SECTION 903.03 of the Revised Code, AND UNTIL THE ISSUANCE OF A
PERMIT TO OPERATE, NO PERSON SHALL OPERATE AN EXISTING CONCENTRATED ANIMAL
FEEDING FACILITY UNLESS THE PERSON HOLDS A REVIEW
COMPLIANCE CERTIFICATE.
THIS DIVISION DOES NOT APPLY TO A PERSON WHO HAS MADE A TIMELY
SUBMITTAL OF THE INFORMATION REQUIRED UNDER DIVISION (E)(2) OF THIS
SECTION AND WHO IS WAITING FOR THE DIRECTOR TO ISSUE OR DENY A REVIEW
COMPLIANCE CERTIFICATE. SUCH A PERSON MAY CONTINUE
THE OPERATION OF THE EXISTING CONCENTRATED ANIMAL FEEDING
FACILITY UNTIL, IF APPLICABLE, THE DIRECTOR ISSUES AN ORDER
DENYING THE REVIEW COMPLIANCE CERTIFICATE.
(E) NOT LATER THAN TWO YEARS AFTER THE DATE ON WHICH THE
DIRECTOR HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1)
OF SECTION 903.03 of the Revised Code, BOTH OF THE FOLLOWING APPLY:
(1) THE DIRECTOR SHALL REVIEW THE INSTALLATION PERMIT THAT PREVIOUSLY WAS
ISSUED TO AN EXISTING CONCENTRATED ANIMAL FEEDING FACILITY AND SHALL INSPECT
THE FACILITY TO DETERMINE IF IT IS IN COMPLIANCE WITH THAT PERMIT.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(2) OF THIS
SECTION, THE OWNER OR OPERATOR OF AN EXISTING CONCENTRATED ANIMAL FEEDING
FACILITY SHALL FURNISH ALL OF
THE FOLLOWING TO THE DIRECTOR ON A FORM PRESCRIBED
BY THE DIRECTOR:
(a) THE NAME AND ADDRESS OF THE OWNER, OF ALL PARTNERS IF
THE
OWNER IS A PARTNERSHIP OR OF ALL OFFICERS AND DIRECTORS IF THE OWNER IS A
CORPORATION, AND OF ANY OTHER PERSON WHO
HAS A RIGHT TO CONTROL OR IN FACT CONTROLS MANAGEMENT OF THE
FACILITY OR THE SELECTION OF OFFICERS, DIRECTORS, OR MANAGERS OF
THE FACILITY;
(b) THE TYPE OF LIVESTOCK AND NUMBER OF ANIMAL UNITS THAT THE
FACILITY HAS THE DESIGN CAPACITY TO RAISE OR MAINTAIN;
(c) A MANURE MANAGEMENT PLAN FOR THE FACILITY THAT
CONFORMS TO
BEST MANAGEMENT PRACTICES REGARDING THE HANDLING, STORAGE, TRANSPORTATION, AND
LAND APPLICATION OF MANURE GENERATED
AT THE FACILITY AND THAT CONTAINS ANY OTHER INFORMATION REQUIRED BY
RULE;
(d) AN INSECT AND RODENT CONTROL PLAN FOR THE FACILITY
THAT CONFORMS TO BEST MANAGEMENT PRACTICES AND IS PREPARED
IN ACCORDANCE WITH SECTION 903.06 OF THE REVISED CODE;
(e) IN THE CASE OF A MAJOR CONCENTRATED ANIMAL FEEDING FACILITY,
WRITTEN PROOF THAT THE PERSON WHO WOULD BE RESPONSIBLE FOR THE SUPERVISION OF
THE MANAGEMENT AND HANDLING OF MANURE
AT THE FACILITY HAS BEEN ISSUED A LIVESTOCK MANAGER CERTIFICATION
IN ACCORDANCE WITH SECTION 903.07 OF THE REVISED CODE.
THE OWNER OR OPERATOR NEED NOT FURNISH ANY INFORMATION OTHERWISE
REQUIRED UNDER DIVISION (E)(2) OF THIS SECTION IF THAT INFORMATION
IS INCLUDED IN THE INSTALLATION PERMIT THAT WAS ISSUED FOR THE EXISTING
FACILITY.
(F) AFTER A REVIEW OF THE EXISTING INSTALLATION PERMIT, AN
INSPECTION OF THE FACILITY, AND A REVIEW OF THE INFORMATION FURNISHED
UNDER DIVISION (E)(2) OF THIS SECTION, AND UPON DETERMINING
THAT THE EXISTING FACILITY IS BEING OPERATED IN A MANNER THAT PROTECTS THE
WATERS OF THE
STATE AND MINIMIZES THE PRESENCE AND NEGATIVE EFFECTS OF INSECTS AND RODENTS
AT THE
FACILITY AND IN SURROUNDING AREAS, THE DIRECTOR SHALL ISSUE AN ORDER ISSUING A
REVIEW COMPLIANCE CERTIFICATE TO THE FACILITY. IN ISSUING THE
CERTIFICATE, THE DIRECTOR SHALL CONSIDER TECHNICAL FEASIBILITY AND
ECONOMIC COSTS. THE DIRECTOR SHALL NOT REQUIRE A SIGNIFICANT
CAPITAL EXPENDITURE, AS DEFINED BY RULE, BY THE FACILITY BEFORE
ISSUING A CERTIFICATE.
THE DIRECTOR MAY ISSUE AN ORDER DENYING A REVIEW COMPLIANCE CERTIFICATE IF
THE FACILITY'S INSECT AND RODENT CONTROL PLAN OR MANURE MANAGEMENT PLAN DOES
NOT CONFORM TO BEST MANAGEMENT PRACTICES AND THE REQUIREMENTS ESTABLISHED
IN SECTION 903.06 of the Revised Code AND IN RULES. THE DENIAL OF A REVIEW
COMPLIANCE CERTIFICATE TERMINATES THE EXISTING INSTALLATION PERMIT
THAT WAS ISSUED TO THE FACILITY.
THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE SHALL NOT REQUIRE
PUBLIC NOTICE OR A PUBLIC MEETING. HOWEVER, NOTICE SHALL BE
PROVIDED TO PERSONS WHO OWN PROPERTY THAT IS CONTIGUOUS TO THE
CONCENTRATED ANIMAL FEEDING FACILITY FOR WHICH THE REVIEW COMPLIANCE
CERTIFICATE IS TO BE ISSUED. SUCH PERSONS MAY SUBMIT WRITTEN COMMENTS
TO THE DIRECTOR WITHIN A TIME ESTABLISHED BY THE DIRECTOR.
THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE SHALL NOT BE SUBJECT TO
APPEAL UNDER CHAPTER 119. OR SECTIONS 3745.04 TO 3745.06 of the Revised Code. THE
DENIAL OR REVOCATION OF A REVIEW COMPLIANCE CERTIFICATE OR THE AMENDMENT OF AN
INSTALLATION PERMIT RESULTING FROM A CERTIFICATE MAY BE CHALLENGED BY THE
APPLICANT IN AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH CHAPTER
119. OF THE REVISED CODE, EXCEPT THAT
SECTION 119.12 OF THE REVISED CODE DOES NOT APPLY. AN ORDER
OF THE DIRECTOR THAT
DENIES OR REVOKES A CERTIFICATE OR AMENDS AN INSTALLATION PERMIT
AS A RESULT OF A CERTIFICATE MAY BE APPEALED TO THE ENVIRONMENTAL
REVIEW APPEALS COMMISSION UNDER SECTIONS 3745.04 TO 3745.06 OF THE
REVISED CODE.
(G) UPON THE ISSUANCE OF A REVIEW COMPLIANCE CERTIFICATE, THE
CERTIFICATE AUTOMATICALLY SHALL MERGE AND BECOME A PART OF THE PREVIOUSLY
ISSUED INSTALLATION PERMIT. IF ANY OF THE
TERMS AND CONDITIONS OF THE INSTALLATION PERMIT AND THE REVIEW
COMPLIANCE CERTIFICATE ARE IN CONFLICT, THE TERMS AND CONDITIONS
OF THE REVIEW COMPLIANCE CERTIFICATE ARE CONTROLLING.
(H)(1) A REVIEW COMPLIANCE CERTIFICATE IS VALID FOR A PERIOD OF
FIVE YEARS. NOT LATER THAN ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION
DATE OF THE REVIEW COMPLIANCE CERTIFICATE, THE OWNER OR OPERATOR SHALL
APPLY FOR A PERMIT TO OPERATE.
(2) THE DIRECTOR MAY REVOKE A REVIEW COMPLIANCE CERTIFICATE
ISSUED TO AN EXISTING FACILITY AFTER THE DIRECTOR HAS ISSUED AN ORDER AS A
RESULT OF A
HEARING HELD UNDER CHAPTER 119. OF THE REVISED CODE
IN WHICH THE
FACILITY HAS BEEN FOUND TO BE IN VIOLATION OF THE TERMS AND
CONDITIONS OF THE REVIEW COMPLIANCE CERTIFICATE. AN EXISTING
FACILITY WHOSE REVIEW COMPLIANCE CERTIFICATE IS REVOKED SHALL OBTAIN A PERMIT
TO OPERATE AND, IF APPLICABLE, A NPDES PERMIT IN ORDER TO RESUME
OPERATING.
(I) AN EXISTING FACILITY THAT IS ISSUED A REVIEW COMPLIANCE
CERTIFICATE SHALL COMPLY WITH THE PREVIOUSLY ISSUED INSTALLATION PERMIT, AS
AMENDED BY THE CERTIFICATE.
Sec. 903.05. (A) EACH APPLICATION FOR A PERMIT TO INSTALL
OR PERMIT TO OPERATE THAT IS SUBMITTED BY AN
APPLICANT WHO HAS NOT
OPERATED A CONCENTRATED ANIMAL FEEDING FACILITY IN THIS STATE FOR AT LEAST
TWO OF THE FIVE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF THE APPLICATION
SHALL BE ACCOMPANIED BY
ALL OF THE FOLLOWING:
(1) A LISTING OF ALL CONCENTRATED ANIMAL FEEDING FACILITIES THAT
THE OWNER OR OPERATOR OF THE PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL
FEEDING FACILITY
HAS OPERATED OR IS OPERATING IN
THIS STATE;
(2) A LISTING OF THE CONCENTRATED ANIMAL FEEDING FACILITIES 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 TOGETHER WITH
A LISTING OF THE
CONCENTRATED ANIMAL FEEDING FACILITIES THAT THE OWNER OR OPERATOR HAS OPERATED
OR IS OPERATING OUTSIDE
THE UNITED STATES;
(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, THE "SAFE
DRINKING WATER ACT," AS DEFINED
IN SECTION 6109.01 OF THE REVISED CODE, OR ANY OTHER
APPLICABLE
STATE LAWS PERTAINING TO ENVIRONMENTAL PROTECTION
THAT WAS ALLEGED TO
HAVE OCCURRED OR TO BE OCCURRING AT ANY CONCENTRATED ANIMAL
FEEDING FACILITY THAT THE OWNER OR OPERATOR HAS OPERATED OR IS OPERATING
IN THE UNITED STATES OR WITH ANY VIOLATION OF THE
ENVIRONMENTAL LAWS OF ANOTHER COUNTRY THAT WAS ALLEGED TO HAVE OCCURRED OR TO
BE OCCURRING AT ANY
CONCENTRATED ANIMAL FEEDING FACILITY THAT THE OWNER OR OPERATOR HAS OPERATED
OR IS OPERATING OUTSIDE
THE UNITED STATES.
THE LISTS OF CONCENTRATED ANIMAL FEEDING FACILITIES OPERATED BY
THE OWNER OR OPERATOR WITHIN OR OUTSIDE THIS STATE OR OUTSIDE THE
UNITED STATES SHALL INCLUDE,
RESPECTIVELY, ALL SUCH
FACILITIES 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 TO INSTALL OR PERMIT TO OPERATE HAS BEEN
INVOLVED IN ANY PRIOR ACTIVITY INVOLVING THE
OPERATION OF A CONCENTRATED ANIMAL FEEDING FACILITY, THE DIRECTOR OF
AGRICULTURE MAY
DENY THE APPLICATION IF THE DIRECTOR FINDS FROM THE
APPLICATION, THE INFORMATION SUBMITTED UNDER DIVISIONS (A)(1) TO (3)
OF THIS SECTION, PERTINENT INFORMATION
SUBMITTED TO THE DIRECTOR, AND OTHER PERTINENT INFORMATION
OBTAINED BY THE DIRECTOR AT THE DIRECTOR'S DISCRETION THAT THE
APPLICANT AND PERSONS ASSOCIATED WITH THE APPLICANT, IN THE
OPERATION OF CONCENTRATED ANIMAL FEEDING FACILITIES, HAVE
A HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE FEDERAL
WATER POLLUTION CONTROL ACT, THE
"SAFE
DRINKING WATER ACT," AS DEFINED
IN SECTION 6109.01 OF THE REVISED CODE, ANY OTHER
APPLICABLE
STATE LAWS PERTAINING TO ENVIRONMENTAL PROTECTION,
OR THE ENVIRONMENTAL LAWS OF ANOTHER COUNTRY THAT INDICATES THAT THE APPLICANT
LACKS SUFFICIENT RELIABILITY, EXPERTISE, AND COMPETENCE TO OPERATE THE
PROPOSED NEW OR MODIFIED CONCENTRATED ANIMAL FEEDING FACILITY IN
SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER AND RULES ADOPTED UNDER IT.
(C) A PERSON WHO SEEKS TO ACQUIRE A CONCENTRATED ANIMAL FEEDING
FACILITY THAT HAS BEEN ISSUED AN INSTALLATION PERMIT
THAT HAS BEEN TRANSFERRED FROM THE DIRECTOR OF ENVIRONMENTAL
PROTECTION TO THE DIRECTOR OF AGRICULTURE, A PERMIT TO INSTALL, OR
A PERMIT TO OPERATE
SHALL SUBMIT TO
THE DIRECTOR THE INFORMATION SPECIFIED IN DIVISIONS (A)(1) TO (3) OF
THIS
SECTION PRIOR TO THE TRANSFER OF THE PERMIT. THE PERMIT SHALL NOT BE
TRANSFERRED AS OTHERWISE PROVIDED IN
DIVISION (I) OF SECTION 903.09 of the Revised Code IF THE
DIRECTOR FINDS FROM THE INFORMATION SUBMITTED UNDER DIVISIONS
(A)(1) TO (3) OF THIS SECTION, PERTINENT INFORMATION SUBMITTED TO
THE DIRECTOR, AND OTHER PERTINENT INFORMATION OBTAINED BY THE DIRECTOR AT THE
DIRECTOR'S DISCRETION THAT THE PERSON, IN
THE OPERATION OF CONCENTRATED ANIMAL FEEDING FACILITIES, HAS A
HISTORY OF SUBSTANTIAL NONCOMPLIANCE WITH THE
FEDERAL WATER POLLUTION CONTROL
ACT, THE "SAFE
DRINKING WATER ACT," AS DEFINED
IN SECTION 6109.01 OF THE REVISED CODE, ANY OTHER
APPLICABLE STATE LAWS PERTAINING TO ENVIRONMENTAL PROTECTION, OR THE
ENVIRONMENTAL LAWS OF ANOTHER COUNTRY THAT INDICATES THAT THE PERSON LACKS
SUFFICIENT RELIABILITY, EXPERTISE, AND
COMPETENCE TO OPERATE THE CONCENTRATED ANIMAL
FEEDING FACILITY IN SUBSTANTIAL COMPLIANCE WITH THIS CHAPTER AND RULES
ADOPTED UNDER IT.
Sec. 903.06. (A) AS USED IN THIS SECTION,
"PLAN" MEANS AN INSECT AND RODENT CONTROL PLAN
PREPARED UNDER THIS SECTION.
(B) AN OWNER OR OPERATOR OF A
CONCENTRATED ANIMAL FEEDING FACILITY SHALL PREPARE AND SUBMIT
TO THE DIRECTOR OF AGRICULTURE IN ACCORDANCE WITH RULES
AN INSECT AND RODENT
CONTROL PLAN DESIGNED TO MINIMIZE THE PRESENCE AND NEGATIVE
EFFECTS OF INSECTS AND RODENTS AT THE CONCENTRATED ANIMAL FEEDING
FACILITY AND IN SURROUNDING AREAS, INCLUDING
LAND ON WHICH MANURE IS STORED OR APPLIED. THE PLAN SHALL CONFORM TO BEST
MANAGEMENT PRACTICES ESTABLISHED IN RULES. THE DIRECTOR SHALL
APPROVE OR DENY THE PLAN WITHIN THE TIME PERIOD ESTABLISHED IN RULES BY THE
DIRECTOR
AND MAY
REQUIRE MODIFICATION OF THE PLAN AT THAT TIME OR A LATER TIME IN
ACCORDANCE WITH RULES.
(C) ON AND AFTER THE DATE THAT IS
ESTABLISHED IN RULES BY THE DIRECTOR, NO PERSON SHALL OWN OR
OPERATE A CONCENTRATED ANIMAL FEEDING FACILITY UNLESS AN INSECT
AND RODENT CONTROL PLAN FOR THE
FACILITY HAS BEEN APPROVED BY THE DIRECTOR.
THE OWNER OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING FACILITY SHALL NOT
VIOLATE THE FACILITY'S INSECT AND RODENT CONTROL PLAN.
(D) THE DIRECTOR SHALL ENFORCE AN
INSECT AND RODENT CONTROL PLAN IN ACCORDANCE WITH RULES
AND SHALL ASSESS A CIVIL
PENALTY IN ACCORDANCE WITH RULES AND SECTION 903.16 OF THE
REVISED
CODE AGAINST AN OWNER
OR OPERATOR OF A CONCENTRATED ANIMAL FEEDING FACILITY WHO OPERATES
IT WITHOUT A PLAN APPROVED BY THE
DIRECTOR OR WHO VIOLATES THE FACILITY'S
PLAN.
Sec. 903.07. (A) ON AND AFTER THE DATE THAT IS
ESTABLISHED IN RULES BY THE DIRECTOR OF AGRICULTURE, BOTH OF THE FOLLOWING
APPLY:
(1) THE
MANAGEMENT AND HANDLING OF MANURE AT A MAJOR CONCENTRATED ANIMAL FEEDING
FACILITY, INCLUDING THE LAND
APPLICATION OF MANURE OR THE REMOVAL OF MANURE FROM
A MANURE STORAGE OR TREATMENT FACILITY, SHALL BE CONDUCTED ONLY BY OR UNDER
THE SUPERVISION OF
A PERSON HOLDING A LIVESTOCK MANAGER
CERTIFICATION ISSUED UNDER THIS SECTION. A PERSON MANAGING OR HANDLING MANURE
WHO IS ACTING
UNDER THE INSTRUCTIONS AND CONTROL OF A PERSON HOLDING A
LIVESTOCK MANAGER CERTIFICATION IS CONSIDERED TO BE UNDER THE
SUPERVISION OF THE CERTIFICATE HOLDER IF THE CERTIFICATE HOLDER
IS RESPONSIBLE FOR THE ACTIONS OF THE PERSON AND IS AVAILABLE
WHEN NEEDED EVEN THOUGH THE CERTIFICATE HOLDER IS NOT
PHYSICALLY PRESENT AT THE TIME OF THE MANURE MANAGEMENT OR
HANDLING.
(2) NO PERSON SHALL TRANSPORT, BUY, OR SELL
ANNUALLY THE VOLUME OF MANURE ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR
UNDER DIVISION (E)(5) OF SECTION 903.10 OF THE
REVISED CODE UNLESS THE PERSON HOLDS
A LIVESTOCK MANAGER CERTIFICATION ISSUED UNDER THIS
SECTION.
(B) THE DIRECTOR SHALL ISSUE A LIVESTOCK MANAGER
CERTIFICATION TO A PERSON WHO HAS SUBMITTED A COMPLETE APPLICATION FOR
CERTIFICATION ON A FORM PRESCRIBED AND PROVIDED BY THE DIRECTOR,
TOGETHER WITH THE APPROPRIATE APPLICATION FEE, AND WHO
HAS COMPLETED SUCCESSFULLY THE REQUIRED TRAINING AND HAS PASSED
THE REQUIRED EXAMINATION. THE DIRECTOR MAY SUSPEND OR REVOKE A LIVESTOCK
MANAGER CERTIFICATION AND
MAY REINSTATE A SUSPENDED OR REVOKED LIVESTOCK MANAGER CERTIFICATION IN
ACCORDANCE WITH RULES.
(C) INFORMATION REQUIRED
TO BE INCLUDED IN AN APPLICATION FOR A LIVESTOCK MANAGER CERTIFICATION, THE
AMOUNT OF THE APPLICATION FEE,
AND REQUIREMENTS REGARDING TRAINING AND THE EXAMINATION SHALL BE
ESTABLISHED IN RULES.
Sec. 903.08.
(A)(1) THE DIRECTOR OF AGRICULTURE IS AUTHORIZED TO PARTICIPATE
IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM IN ACCORDANCE WITH
THE FEDERAL WATER POLLUTION CONTROL
ACT. NOT LATER THAN
ONE HUNDRED EIGHTY DAYS AFTER 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
(A)(1) OF THIS SECTION, THE AUTHORITY TO ENFORCE TERMS AND
CONDITIONS OF NPDES PERMITS PREVIOUSLY ISSUED UNDER DIVISION
(J)
OF SECTION 6111.03 OR UNDER SECTION 6111.035 OF THE REVISED
CODE FOR THE DISCHARGING, TRANSPORTING, OR HANDLING OF STORM WATER
FROM AN ANIMAL FEEDING FACILITY OR OF MANURE IS TRANSFERRED FROM
THE DIRECTOR OF ENVIRONMENTAL PROTECTION TO THE DIRECTOR OF
AGRICULTURE. THEREAFTER, THE DIRECTOR OF ENVIRONMENTAL PROTECTION
SHALL HAVE NO AUTHORITY TO ENFORCE THE TERMS AND CONDITIONS OF
THOSE NPDES PERMITS. AFTER THE TRANSFER OF AUTHORITY UNDER
DIVISION (A)(2) OF THIS SECTION, THE NPDES
PERMITS CONCERNING WHICH AUTHORITY HAS BEEN TRANSFERRED SHALL BE CONSIDERED TO
HAVE BEEN ISSUED UNDER
THIS SECTION.
(B)(1) ON AND AFTER THE DATE ON WHICH THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE
NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS
SECTION, NO PERSON SHALL DISCHARGE MANURE FROM A POINT
SOURCE INTO WATERS OF THE STATE WITHOUT FIRST OBTAINING A
NPDES
PERMIT ISSUED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION. VIOLATION OF
DIVISION (B)(1) OF THIS SECTION IS HEREBY DECLARED TO BE A PUBLIC
NUISANCE FOR PURPOSES OF STATE ENFORCEMENT OF THIS SECTION.
(2) PERSONS THAT HAVE BEEN ISSUED A PERMIT BY THE DIRECTOR OF
ENVIRONMENTAL PROTECTION UNDER DIVISION (J) OF SECTION 6111.03 OF
THE REVISED CODE FOR THE DISCHARGE OF MANURE PRIOR TO THE
DATE
ON WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
APPROVES THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE
UNDER THIS SECTION MAY CONTINUE TO
OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS
MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE
DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE
THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (A)(2) OF
THIS SECTION.
(C)(1) ON AND AFTER THE DATE ON WHICH THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES
PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION, NO PERSON
SHALL DISCHARGE STORM WATER RESULTING FROM AN ANIMAL FEEDING FACILITY WITHOUT
FIRST OBTAINING A
NPDES PERMIT ISSUED BY THE DIRECTOR OF
AGRICULTURE IN ACCORDANCE WITH RULES WHEN SUCH A PERMIT IS REQUIRED BY THE
FEDERAL WATER
POLLUTION
CONTROL ACT. VIOLATION OF DIVISION
(C)(1) OF THIS SECTION IS HEREBY DECLARED TO BE A PUBLIC NUISANCE
FOR PURPOSES OF STATE ENFORCEMENT OF THIS SECTION.
(2) PERSONS THAT HAVE BEEN ISSUED A NPDES PERMIT BY THE
DIRECTOR OF
ENVIRONMENTAL PROTECTION UNDER CHAPTER 6111. OF THE REVISED
CODE
FOR THE DISCHARGE OF STORM WATER FROM AN ANIMAL FEEDING
FACILITY PRIOR TO THE DATE ON WHICH THE
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER THIS SECTION MAY CONTINUE
TO OPERATE UNDER THAT PERMIT UNTIL IT EXPIRES OR IS
MODIFIED OR REVOKED. SUCH A PERMIT SHALL BE ENFORCED BY THE
DIRECTOR OF AGRICULTURE UPON THE TRANSFER OF AUTHORITY TO ENFORCE
THE TERMS AND CONDITIONS OF THE PERMIT UNDER DIVISION (A)(2) OF
THIS SECTION.
(D) IN ACCORDANCE WITH RULES, AN APPLICANT FOR A NPDES
PERMIT
ISSUED UNDER THIS SECTION SHALL SUBMIT A FEE IN AN AMOUNT
ESTABLISHED BY RULE TOGETHER WITH, EXCEPT AS OTHERWISE PROVIDED IN
DIVISION (F) OF THIS SECTION, AN APPLICATION FOR THE
PERMIT TO THE DIRECTOR OF AGRICULTURE ON A FORM PRESCRIBED BY THE
DIRECTOR. THE
APPLICATION
SHALL INCLUDE ANY INFORMATION REQUIRED BY RULE. THE DIRECTOR OR THE
DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY
HELP AN APPLICANT FOR A NPDES PERMIT DURING THE APPLICATION
PROCESS BY PROVIDING GUIDANCE AND TECHNICAL ASSISTANCE.
(E) THE DIRECTOR OF AGRICULTURE SHALL ISSUE
NPDES PERMITS IN ACCORDANCE WITH THIS SECTION
AND SECTION 903.09 of the Revised Code. THE DIRECTOR SHALL DENY AN APPLICATION FOR A
NPDES PERMIT IF ANY OF THE FOLLOWING APPLIES:
(1) THE APPLICATION CONTAINS MISLEADING OR FALSE
INFORMATION.
(2) THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OBJECTS IN WRITING TO THE ISSUANCE OF THE NPDES
PERMIT IN ACCORDANCE WITH SECTION 402(d) OF THE
FEDERAL
WATER POLLUTION CONTROL ACT.
(3) THE DIRECTOR DETERMINES THAT THE PROPOSED
DISCHARGE OR SOURCE WOULD CONFLICT WITH AN AREAWIDE WASTE TREATMENT
MANAGEMENT PLAN ADOPTED IN ACCORDANCE WITH SECTION 208 OF THE
FEDERAL
WATER POLLUTION CONTROL ACT.
ADDITIONAL GROUNDS FOR THE DENIAL OF A NPDES PERMIT SHALL BE
THOSE ESTABLISHED IN THIS CHAPTER AND RULES.
(F) TO THE EXTENT CONSISTENT WITH THE FEDERAL
WATER POLLUTION CONTROL ACT, THE DIRECTOR
OF AGRICULTURE SHALL ISSUE GENERAL
NPDES PERMITS THAT WILL APPLY IN LIEU OF INDIVIDUAL
NPDES PERMITS FOR CATEGORIES OF POINT SOURCES FOR WHICH THE
DIRECTOR
DETERMINES THAT ALL OF THE FOLLOWING APPLY:
(1) ANY DISCHARGES AUTHORIZED BY A GENERAL PERMIT WILL HAVE ONLY
MINIMAL CUMULATIVE ADVERSE EFFECTS ON THE ENVIRONMENT WHEN THE DISCHARGES
ARE CONSIDERED COLLECTIVELY AND INDIVIDUALLY.
(2) THE DISCHARGES ARE MORE APPROPRIATELY AUTHORIZED BY A GENERAL
PERMIT THAN BY AN INDIVIDUAL PERMIT.
(3) EACH CATEGORY OF POINT SOURCES SATISFIES THE CRITERIA
ESTABLISHED IN RULES.
A PERSON WHO IS REQUIRED TO OBTAIN A NPDES PERMIT SHALL SUBMIT
TO
THE DIRECTOR A
NOTICE OF THE PERSON'S INTENT TO BE COVERED UNDER AN EXISTING GENERAL
PERMIT OR, AT THE PERSON'S OPTION, AN APPLICATION FOR AN
INDIVIDUAL NPDES PERMIT. UPON RECEIPT OF A NOTICE OF INTENT FOR
COVERAGE UNDER AN EXISTING GENERAL PERMIT, THE DIRECTOR SHALL NOTIFY THE
APPLICANT
IN WRITING THAT THE PERSON IS COVERED BY THE
GENERAL PERMIT IF THE PERSON SATISFIES THE
CRITERIA ESTABLISHED IN RULES FOR ELIGIBILITY FOR SUCH COVERAGE. IF THE
PERSON IS INELIGIBLE FOR COVERAGE UNDER THE GENERAL PERMIT, THE DIRECTOR SHALL
REQUIRE THE
SUBMISSION OF AN APPLICATION FOR AN INDIVIDUAL NPDES PERMIT.
(G) THE DIRECTOR OF AGRICULTURE SHALL ESTABLISH TERMS AND
CONDITIONS OF NPDES PERMITS IN ACCORDANCE WITH RULES. TERMS AND
CONDITIONS SHALL BE DESIGNED TO ACHIEVE AND MAINTAIN FULL COMPLIANCE WITH
NATIONAL EFFLUENT
LIMITATIONS, NATIONAL STANDARDS OF PERFORMANCE FOR NEW SOURCES, THE MOST
CURRENT WATER QUALITY STANDARDS ADOPTED UNDER SECTION 6111.041 of the Revised Code, THE MOST
CURRENT ANTIDEGRADATION POLICY ADOPTED UNDER SECTION 6111.12 of the Revised Code, AND
OTHER REQUIREMENTS OF
THE FEDERAL WATER POLLUTION CONTROL
ACT. IN ESTABLISHING THE TERMS AND
CONDITIONS OF A NPDES PERMIT, THE DIRECTOR, TO THE EXTENT
CONSISTENT WITH THAT ACT, SHALL CONSIDER TECHNICAL
FEASIBILITY AND ECONOMIC COSTS AND SHALL ALLOW A REASONABLE PERIOD
OF TIME FOR COMING INTO COMPLIANCE WITH THE PERMIT.
(H) AN ANIMAL FEEDING FACILITY THAT IS REQUIRED TO OBTAIN
BOTH
A NPDES PERMIT AND A PERMIT TO OPERATE SHALL BE ISSUED A SINGLE
PERMIT TO OPERATE INCORPORATING THE TERMS AND CONDITIONS ESTABLISHED BY
BOTH PERMITS. THE PERMIT TO OPERATE EXPRESSLY SHALL DESIGNATE THE TERMS
AND CONDITIONS REQUIRED UNDER THE NPDES PROGRAM AS FEDERALLY
ENFORCEABLE. ALL OTHER PROVISIONS ARE ENFORCEABLE UNDER STATE LAW ONLY AND
EXPRESSLY SHALL BE DESIGNATED ACCORDINGLY.
(I) A NPDES PERMIT MAY BE ISSUED UNDER THIS SECTION
FOR A PERIOD
NOT TO EXCEED FIVE YEARS.
(J) A NPDES PERMIT ISSUED UNDER THIS SECTION MAY BE
RENEWED. AN
APPLICATION FOR RENEWAL OF A NPDES PERMIT SHALL BE SUBMITTED TO
THE DIRECTOR OF AGRICULTURE AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE
EXPIRATION DATE OF THE
PERMIT AND SHALL COMPLY WITH THE REQUIREMENTS
GOVERNING APPLICATIONS FOR NPDES PERMITS ESTABLISHED UNDER THIS
SECTION AND BY RULE.
(K)(1) NO PERSON SHALL MAKE ANY FALSE STATEMENT, REPRESENTATION,
OR
CERTIFICATION IN AN APPLICATION FOR A NPDES PERMIT OR
IN ANY FORM, NOTICE, OR REPORT REQUIRED TO BE SUBMITTED TO THE
DIRECTOR PURSUANT TO
TERMS AND CONDITIONS ESTABLISHED IN A NPDES PERMIT ISSUED UNDER
THIS SECTION.
(2) NO PERSON SHALL RENDER INACCURATE ANY MONITORING METHOD OR
DEVICE THAT IS REQUIRED UNDER THE TERMS AND CONDITIONS OF A NPDES
PERMIT ISSUED UNDER THIS
SECTION.
(L) THE DIRECTOR MAY MODIFY, SUSPEND, OR REVOKE A
NPDES PERMIT
ISSUED UNDER THIS SECTION FOR CAUSE AS ESTABLISHED BY RULE. NO
NPDES PERMIT ISSUED UNDER THIS SECTION SHALL BE
MODIFIED, SUSPENDED, OR REVOKED WITHOUT A WRITTEN ORDER STATING THE FINDINGS
THAT LED TO THE MODIFICATION, SUSPENSION, OR REVOCATION. IN ADDITION, THE
PERMITTEE HAS A
RIGHT TO AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH CHAPTER 119.
OF THE REVISED CODE, EXCEPT THAT SECTION 119.12 OF THE
REVISED CODE DOES NOT APPLY. FURTHER, AN ORDER OF THE
DIRECTOR MODIFYING,
SUSPENDING, OR REVOKING A NPDES PERMIT MAY BE APPEALED TO THE
ENVIRONMENTAL REVIEW APPEALS COMMISSION UNDER SECTIONS 3745.04 TO
3745.06 OF THE REVISED CODE.
(M)(1) NO PERSON SHALL VIOLATE ANY EFFLUENT LIMITATION
ESTABLISHED BY RULE.
(2) NO PERSON SHALL VIOLATE ANY OTHER PROVISION OF A NPDES
PERMIT
ISSUED UNDER THIS SECTION.
(3) COMPLIANCE WITH A NPDES PERMIT ISSUED
UNDER THIS SECTION CONSTITUTES COMPLIANCE WITH THIS SECTION.
(N) THIS SECTION, INCLUDING THE STATE PROGRAM AUTHORIZED IN
DIVISION (A)(1) OF THIS SECTION, SHALL BE ADMINISTERED IN A MANNER
CONSISTENT WITH THE FEDERAL
WATER POLLUTION CONTROL ACT.
Sec. 903.09. (A) PRIOR TO ISSUING OR MODIFYING A PERMIT TO
INSTALL, PERMIT TO OPERATE, OR NPDES PERMIT, THE DIRECTOR OF
AGRICULTURE SHALL ISSUE A DRAFT PERMIT. THE DIRECTOR OR THE DIRECTOR'S
REPRESENTATIVE SHALL MAIL NOTICE OF THE ISSUANCE OF A DRAFT PERMIT TO
THE APPLICANT AND SHALL PUBLISH THE NOTICE ONCE IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE COUNTY IN WHICH THE CONCENTRATED ANIMAL
FEEDING FACILITY OR DISCHARGER IS LOCATED OR PROPOSED TO BE LOCATED.
THE DIRECTOR SHALL MAIL NOTICE OF THE
ISSUANCE OF A DRAFT PERMIT AND A COPY OF THE DRAFT PERMIT TO THE BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY AND THE BOARD OF TOWNSHIP
TRUSTEES OF THE TOWNSHIP IN WHICH THE CONCENTRATED ANIMAL FEEDING
FACILITY OR DISCHARGER IS LOCATED OR PROPOSED TO BE LOCATED.
THE
DIRECTOR OR THE
DIRECTOR'S REPRESENTATIVE ALSO SHALL PROVIDE NOTICE OF THE
ISSUANCE OF A DRAFT NPDES TO ANY OTHER PERSONS THAT ARE ENTITLED TO
NOTICE UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
NOTICE OF THE ISSUANCE OF A DRAFT PERMIT TO INSTALL, PERMIT TO
OPERATE, OR NPDES PERMIT SHALL INCLUDE THE ADDRESS WHERE WRITTEN
COMMENTS CONCERNING THE DRAFT PERMIT MAY BE SUBMITTED AND THE PERIOD OF TIME
DURING WHICH
COMMENTS WILL BE ACCEPTED AS ESTABLISHED BY RULE.
IF THE DIRECTOR RECEIVES WRITTEN COMMENTS IN AN AMOUNT THAT
DEMONSTRATES SIGNIFICANT PUBLIC INTEREST, AS DEFINED BY RULE, IN
THE DRAFT PERMIT, THE DIRECTOR SHALL SCHEDULE ONE PUBLIC MEETING
TO PROVIDE INFORMATION TO THE PUBLIC AND TO HEAR COMMENTS
PERTINENT TO THE DRAFT PERMIT.
THE NOTICE OF THE PUBLIC
MEETING SHALL BE PROVIDED IN THE SAME MANNER AS THE NOTICE OF THE
ISSUANCE OF THE DRAFT PERMIT.
(B) IF A PERSON IS REQUIRED TO OBTAIN BOTH A PERMIT TO INSTALL
AND A PERMIT TO OPERATE, INCLUDING ANY PERMIT TO OPERATE WITH
NPDES PROVISIONS, AND PUBLIC MEETINGS ARE REQUIRED FOR BOTH
PERMITS, THE PUBLIC MEETINGS FOR THE PERMITS SHALL BE COMBINED.
(C) THE
DIRECTOR SHALL APPLY THE ANTIDEGRADATION POLICY ADOPTED UNDER SECTION
6111.12 OF THE REVISED CODE TO PERMITS ISSUED UNDER THIS
CHAPTER TO THE SAME DEGREE AND UNDER THE SAME CIRCUMSTANCES AS IT APPLIES TO
PERMITS ISSUED UNDER CHAPTER 6111. OF THE REVISED
CODE.
THE DIRECTOR SHALL
HOLD ONE PUBLIC MEETING TO CONSIDER ANTIDEGRADATION ISSUES WHEN
SUCH A MEETING IS REQUIRED BY THE ANTIDEGRADATION POLICY. WHEN
ALLOWED BY THE ANTIDEGRADATION POLICY, THE DIRECTOR SHALL HOLD THE
PUBLIC MEETING ON ANTIDEGRADATION ISSUES CONCURRENTLY WITH ANY
PUBLIC MEETING HELD FOR THE DRAFT PERMIT.
(D) THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE SHALL
PUBLISH
NOTICE OF THE ISSUANCE OF A FINAL PERMIT TO INSTALL, PERMIT TO
OPERATE, OR NPDES PERMIT ONCE IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE COUNTY IN WHICH THE CONCENTRATED ANIMAL FEEDING
FACILITY OR DISCHARGER IS LOCATED.
(E) FAILURE OF THE DIRECTOR TO PROVIDE NOTICE OR A PUBLIC
MEETING SHALL INVALIDATE A PERMIT ONLY IF THE FAILURE IS RAISED BY, AND WAS
RELIED UPON TO THE
DETRIMENT OF, A PERSON THAT IS ENTITLED TO APPEAL THE PERMIT. NOTICE OR A
PUBLIC MEETING IS NOT REQUIRED
FOR THE MODIFICATION OF A PERMIT MADE WITH THE CONSENT OF THE
PERMITTEE FOR THE CORRECTION OF TYPOGRAPHICAL ERRORS.
(F) THE DENIAL, MODIFICATION, SUSPENSION, OR REVOCATION OF A
PERMIT TO INSTALL, PERMIT TO OPERATE, OR NPDES PERMIT WITHOUT THE
CONSENT OF THE APPLICANT OR PERMITTEE SHALL BE PRECEDED BY A PROPOSED ACTION
STATING THE DIRECTOR'S INTENTION TO ISSUE AN ORDER WITH RESPECT TO THE PERMIT
AND
THE REASONS FOR IT. THE DIRECTOR SHALL NOT ISSUE AN ORDER THAT MAKES THE
PROPOSED ACTION
FINAL UNTIL
THE APPLICANT OR PERMITTEE HAS HAD AN OPPORTUNITY FOR AN ADJUDICATION
HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE,
EXCEPT THAT SECTION 119.12
OF THE REVISED CODE DOES NOT APPLY. AN ORDER OF THE
DIRECTOR THAT
FINALIZES THE PROPOSED ACTION OR AN ORDER ISSUING A PERMIT WITHOUT
A PRIOR PROPOSED ACTION MAY BE APPEALED TO THE ENVIRONMENTAL
REVIEW APPEALS COMMISSION UNDER SECTIONS 3745.04 TO 3745.06 OF THE
REVISED CODE.
(G)(1) THE DIRECTOR SHALL ISSUE AN ORDER ISSUING OR DENYING
AN APPLICATION FOR A PERMIT TO OPERATE THAT CONTAINS NPDES
PROVISIONS OR FOR A NPDES PERMIT, AS WELL AS ANY APPLICATION FOR A
PERMIT TO INSTALL THAT IS SUBMITTED SIMULTANEOUSLY, NOT LATER THAN ONE
HUNDRED EIGHTY DAYS AFTER RECEIVING THE APPLICATION.
(2) IN THE CASE OF AN APPLICATION FOR A PERMIT TO INSTALL OR
PERMIT TO OPERATE THAT IS NOT CONNECTED WITH AN APPLICATION FOR A
NPDES PERMIT, THE DIRECTOR SHALL ISSUE OR PROPOSE TO DENY THE
PERMIT NOT LATER THAN NINETY DAYS AFTER RECEIVING THE APPLICATION. IF THE
DIRECTOR HAS
PROPOSED TO DENY THE PERMIT TO INSTALL OR PERMIT TO OPERATE UNDER
DIVISION (G)(2) OF THIS SECTION, THE DIRECTOR SHALL ISSUE AN
ORDER DENYING THE PERMIT OR, IF THE DIRECTOR DECIDES AGAINST THE
PROPOSED DENIAL, ISSUING THE PERMIT NOT LATER THAN ONE HUNDRED
EIGHTY DAYS AFTER RECEIVING THE APPLICATION. IF THE DIRECTOR DENIES
THE PERMIT, THE DIRECTOR SHALL NOTIFY THE APPLICANT IN WRITING OF
THE REASON FOR THE DENIAL.
(H) ALL RULEMAKING
AND THE ISSUANCE OF CIVIL PENALTIES UNDER THIS CHAPTER SHALL COMPLY
WITH CHAPTER 119. OF THE REVISED CODE.
(I) UPON THE TRANSFER OF OWNERSHIP OF AN ANIMAL FEEDING FACILITY
FOR
WHICH A PERMIT TO INSTALL, AN INSTALLATION PERMIT, A REVIEW COMPLIANCE
CERTIFICATE, OR A PERMIT TO
OPERATE THAT CONTAINS NO NPDES PROVISIONS HAS BEEN ISSUED, THE
PERMIT OR
CERTIFICATE SHALL BE
TRANSFERRED TO THE NEW OWNER OF THE ANIMAL FEEDING FACILITY EXCEPT AS PROVIDED
IN
DIVISION (C) OF SECTION 903.05 OF THE REVISED CODE.
IN THE CASE OF THE
TRANSFER OF OWNERSHIP OF A POINT SOURCE FOR WHICH A NPDES PERMIT
OR A PERMIT TO OPERATE THAT CONTAINS NPDES PROVISIONS HAS BEEN
ISSUED, THE PERMIT SHALL BE TRANSFERRED IN ACCORDANCE WITH RULES.
(J) APPLICATIONS FOR INSTALLATION PERMITS FOR ANIMAL FEEDING
FACILITIES PENDING BEFORE THE
DIRECTOR OF ENVIRONMENTAL PROTECTION ON THE DATE ON WHICH THE DIRECTOR OF
AGRICULTURE HAS
FINALIZED THE PROGRAMS REQUIRED UNDER DIVISION (A)(1) OF SECTION
903.02 AND DIVISION (A)(1) OF SECTION 903.03 OF THE REVISED
CODE
SHALL BE TRANSFERRED TO THE DIRECTOR OF AGRICULTURE. IN THE CASE OF AN
APPLICANT WHO
IS REQUIRED TO OBTAIN A PERMIT TO INSTALL AND A PERMIT TO OPERATE UNDER
SECTIONS 903.02
AND 903.03, RESPECTIVELY, OF THE REVISED CODE, THE DIRECTOR
OF
AGRICULTURE SHALL PROCESS THE PENDING APPLICATION FOR AN INSTALLATION PERMIT
AS
AN APPLICATION FOR A PERMIT TO INSTALL AND A PERMIT TO OPERATE.
(K) APPLICATIONS FOR NPDES PERMITS FOR EITHER OF THE
FOLLOWING THAT ARE PENDING BEFORE THE
DIRECTOR
OF ENVIRONMENTAL PROTECTION ON THE DATE ON WHICH THE UNITED
STATES
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 OF THE
REVISED
CODE
SHALL BE TRANSFERRED TO THE DIRECTOR OF AGRICULTURE:
(1) THE DISCHARGE OF MANURE;
(2) THE DISCHARGE OF STORM WATER RESULTING FROM AN ANIMAL FEEDING
FACILITY.
IN THE CASE OF AN
APPLICANT WHO IS REQUIRED TO OBTAIN A NPDES PERMIT UNDER SECTION
903.08 OF THE REVISED CODE, THE DIRECTOR OF AGRICULTURE
SHALL
PROCESS THE PENDING APPLICATION AS AN APPLICATION FOR A NPDES
PERMIT UNDER THAT SECTION.
Sec. 903.10. THE DIRECTOR OF AGRICULTURE SHALL ADOPT
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE
REVISED CODE THAT DO ALL OF THE FOLLOWING:
(A) ESTABLISH ALL OF THE FOLLOWING CONCERNING PERMITS TO INSTALL
AND PERMITS TO OPERATE:
(1) A DESCRIPTION OF WHAT CONSTITUTES A MODIFICATION
OF A CONCENTRATED ANIMAL FEEDING FACILITY;
(2) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH
EACH PERMIT APPLICATION AND EACH APPLICATION FOR A PERMIT
MODIFICATION;
(3) INFORMATION THAT MUST BE INCLUDED IN THE
DESIGNS AND PLANS REQUIRED TO BE SUBMITTED
WITH AN APPLICATION FOR A PERMIT TO INSTALL AND CRITERIA FOR APPROVING,
DISAPPROVING, OR REQUIRING MODIFICATION OF THE DESIGNS AND PLANS;
(4) INFORMATION THAT MUST BE INCLUDED IN A MANURE
MANAGEMENT PLAN REQUIRED TO BE SUBMITTED WITH AN
APPLICATION FOR A PERMIT TO OPERATE;
(5) INFORMATION THAT MUST BE INCLUDED IN AN APPLICATION FOR THE
MODIFICATION OF AN INSTALLATION PERMIT, A PERMIT TO INSTALL, OR A PERMIT
TO OPERATE;
(6) ANY ADDITIONAL INFORMATION
THAT MUST BE INCLUDED WITH A PERMIT APPLICATION;
(7) PROCEDURES FOR THE ISSUANCE, DENIAL, MODIFICATION, TRANSFER,
SUSPENSION, AND REVOCATION OF PERMITS TO INSTALL AND PERMITS TO OPERATE,
INCLUDING GENERAL PERMITS;
(8) GROUNDS FOR THE DENIAL, MODIFICATION, SUSPENSION, OR REVOCATION
OF PERMITS TO INSTALL AND PERMITS TO OPERATE IN ADDITION TO THE GROUNDS
ESTABLISHED IN DIVISION (D) OF SECTION 903.02 AND DIVISION
(D) OF SECTION 903.03 OF THE REVISED
CODE;
(9) A REQUIREMENT THAT A PERSON THAT IS REQUIRED TO OBTAIN BOTH A PERMIT
TO INSTALL AND A PERMIT TO OPERATE SUBMIT APPLICATIONS FOR THOSE PERMITS
SIMULTANEOUSLY;
(10) A DEFINITION OF "GENERAL PERMIT TO OPERATE" THAT ESTABLISHES
CATEGORIES OF CONCENTRATED ANIMAL FEEDING FACILITIES TO BE COVERED
UNDER SUCH A PERMIT AND A DEFINITION OF "INDIVIDUAL PERMIT TO
OPERATE" TOGETHER WITH THE CRITERIA FOR ISSUING A GENERAL PERMIT
TO OPERATE AND THE CRITERIA FOR DETERMINING A PERSON'S ELIGIBILITY
TO OPERATE UNDER A GENERAL PERMIT TO OPERATE.
(B) ESTABLISH ALL OF THE FOLLOWING
FOR THE PURPOSES OF REVIEW COMPLIANCE CERTIFICATES ISSUED UNDER SECTION
903.04 OF THE REVISED CODE:
(1) THE FORM OF A CERTIFICATE;
(2) CRITERIA FOR WHAT CONSTITUTES A SIGNIFICANT CAPITAL
EXPENDITURE UNDER DIVISION (D) OF THAT SECTION;
(3) DEADLINES AND PROCEDURES FOR SUBMITTING INFORMATION UNDER DIVISION
(E)(2) OF THAT SECTION.
(C) ESTABLISH BEST MANAGEMENT PRACTICES
THAT MINIMIZE WATER POLLUTION, ODORS, INSECTS, AND RODENTS, THAT GOVERN THE
LAND APPLICATION OF MANURE THAT ORIGINATED AT A CONCENTRATED ANIMAL FEEDING
FACILITY, AND THAT GOVERN ALL
OF THE FOLLOWING ACTIVITIES THAT OCCUR AT A
CONCENTRATED ANIMAL FEEDING FACILITY:
(1) MANURE MANAGEMENT, INCLUDING
THE STORAGE, HANDLING, TRANSPORTATION, AND LAND APPLICATION OF
MANURE. RULES ADOPTED
UNDER DIVISION (C)(1) OF THIS SECTION SHALLINCLUDE
PRACTICES THAT
PREVENT SURFACE AND GROUND WATER CONTAMINATION CAUSED BY THE STORAGE OF MANURE
OR THE LAND APPLICATION OF
MANURE AND PREVENT THE CONTAMINATION OF WATER IN DRAINAGE TILES THAT MAY BE
CAUSED BY THAT APPLICATION.
(2) DISPOSAL OF DEAD LIVESTOCK;
(3) ANY OTHER ACTIVITY THAT THE DIRECTOR CONSIDERS
APPROPRIATE.
BEST MANAGEMENT PRACTICES ESTABLISHED IN RULES ADOPTED UNDER DIVISION
(C) OF THIS
SECTION SHALL NOT CONFLICT WITH BEST MANAGEMENT PRACTICES
ESTABLISHED IN RULES THAT HAVE BEEN ADOPTED UNDER ANY OTHER
SECTION OF THE REVISED
CODE AND THAT ARE IN EFFECT ON
THE EFFECTIVE DATE OF THIS SECTION.
THE RULES ADOPTED UNDER
DIVISION (C) OF THIS SECTION SHALL ESTABLISH GUIDELINES THAT
REQUIRE OWNERS OR OPERATORS OF CONCENTRATED ANIMAL FEEDING FACILITIES TO
CONSULT WITH AND WORK WITH LOCAL OFFICIALS,
INCLUDING BOARDS OF COUNTY COMMISSIONERS AND BOARDS OF TOWNSHIP
TRUSTEES, IN ADDRESSING ISSUES RELATED TO LOCAL GOVERNMENT
INFRASTRUCTURE NEEDS AND THE FINANCING OF THAT INFRASTRUCTURE.
(D) ESTABLISH ALL OF THE FOLLOWING CONCERNING INSECT AND
RODENT CONTROL PLANS REQUIRED UNDER SECTION 903.06 OF THE
REVISED
CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN INSECT AND
RODENT CONTROL PLAN;
(2) CRITERIA FOR APPROVING, DISAPPROVING, OR
REQUIRING MODIFICATION OF AN INSECT AND RODENT
CONTROL PLAN;
(3) CRITERIA FOR DETERMINING COMPLIANCE WITH OR
VIOLATION OF AN INSECT AND RODENT CONTROL PLAN;
(4) PROCEDURES AND STANDARDS FOR MONITORING INSECT AND
RODENT CONTROL PLANS;
(5) PROCEDURES AND STANDARDS FOR ENFORCING INSECT AND
RODENT CONTROL PLANS AT CONCENTRATED ANIMAL FEEDING FACILITIES
AT WHICH INSECTS OR RODENTS CONSTITUTE A NUISANCE OR ADVERSELY
AFFECT PUBLIC HEALTH;
(6) THE AMOUNT OF CIVIL PENALTIES FOR VIOLATION OF AN INSECT AND RODENT
CONTROL PLAN ASSESSED BY THE DIRECTOR OF AGRICULTURE UNDER DIVISION
(B) OF SECTION 903.16 OF
THE
REVISED CODE, PROVIDED THAT THE RULES ADOPTED UNDER DIVISION
(D)(6) OF THIS SECTION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE
THAN TEN THOUSAND DOLLARS FOR A VIOLATION INVOLVING A CONCENTRATED ANIMAL
FEEDING FACILITY 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
FACILITY;
(7) THE TIME PERIOD WITHIN WHICH THE DIRECTOR MUST APPROVE OR
DENY AN INSECT AND RODENT CONTROL PLAN AFTER RECEIVING IT;
(8) ANY OTHER PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE
SECTION 903.12 OF THE REVISED CODE.
(E) ESTABLISH ALL OF THE
FOLLOWING CONCERNING LIVESTOCK MANAGER
CERTIFICATION REQUIRED UNDER
SECTION 903.07 OF THE
REVISED CODE:
(1) THE INFORMATION TO BE INCLUDED IN AN APPLICATION FOR
A LIVESTOCK MANAGER CERTIFICATION AND THE AMOUNT
OF THE APPLICATION FEE;
(2) THE CONTENT OF THE TRAINING REQUIRED TO BE COMPLETED
AND OF THE EXAMINATION REQUIRED TO BE PASSED BY AN APPLICANT FOR
A LIVESTOCK MANAGER CERTIFICATION. THE TRAINING
SHALL INCLUDE AND THE EXAMINATION SHALL TEST THE APPLICANT'S
KNOWLEDGE OF INFORMATION ON TOPICS THAT INCLUDE
CALCULATING NUTRIENT VALUES IN MANURE,
DEVISING AND IMPLEMENTING A PLAN FOR THE LAND APPLICATION OF
MANURE, REMOVING MANURE HELD IN A MANURE STORAGE OR TREATMENT
FACILITY, AND FOLLOWING BEST MANAGEMENT
PRACTICES ESTABLISHED IN RULES FOR DISPOSAL OF DEAD
ANIMALS AND MANURE MANAGEMENT,
INCLUDING PRACTICES THAT CONTROL ODOR AND PROTECT THE
ENVIRONMENT. THE DIRECTOR MAY SPECIFY OTHER TYPES OF RECOGNIZED
TRAINING PROGRAMS THAT, IF COMPLETED, ARE CONSIDERED TO SATISFY
THE TRAINING AND EXAMINATION REQUIREMENT.
(3) CRITERIA AND PROCEDURES FOR THE ISSUANCE, DENIAL, SUSPENSION,
REVOCATION, OR
REINSTATEMENT OF
A LIVESTOCK MANAGER CERTIFICATION;
(4) THE LENGTH OF TIME DURING WHICH LIVESTOCK MANAGER CERTIFICATIONS WILL
BE VALID AND PROCEDURES FOR
THEIR RENEWAL;
(5) THE VOLUME OF MANURE THAT MUST BE TRANSPORTED, 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.
(F) ESTABLISH ALL OF THE FOLLOWING CONCERNING NPDES
PERMITS:
(1) THE DESIGNATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS
THAT ARE SUBJECT TO
NPDES PERMIT REQUIREMENTS UNDER SECTION 903.08 of the Revised Code.
THIS DESIGNATION SHALL INCLUDE ONLY THOSE
POINT SOURCES FOR WHICH THE ISSUANCE OF
NPDES PERMITS IS REQUIRED UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT.
(2) EFFLUENT LIMITATIONS GOVERNING DISCHARGES INTO
WATERS OF THE STATE THAT ARE AUTHORIZED BY PERMITS;
(3) VARIANCES FROM EFFLUENT LIMITATIONS AND OTHER PERMIT
REQUIREMENTS TO THE EXTENT THAT THE VARIANCES ARE CONSISTENT WITH THE
FEDERAL WATER POLLUTION CONTROL
ACT;
(4) TERMS AND CONDITIONS TO BE INCLUDED IN A PERMIT,
INCLUDING, AS APPLICABLE, BEST MANAGEMENT PRACTICES; INSTALLATION
OF DISCHARGE OR WATER QUALITY MONITORING METHODS OR EQUIPMENT;
CREATION AND RETENTION OF RECORDS; SUBMISSION OF PERIODIC REPORTS;
SCHEDULES OF COMPLIANCE; NET VOLUME, NET WEIGHT, AND, WHERE
NECESSARY, CONCENTRATION AND MASS LOADING LIMITS OF MANURE
THAT MAY BE
DISCHARGED INTO WATERS OF THE STATE; AND AUTHORIZED DURATION AND
FREQUENCY OF ANY DISCHARGES INTO WATERS OF THE STATE;
(5) PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR
PERMITS AND NOTICES OF INTENT TO BE COVERED BY GENERAL PERMITS, INCLUDING
INFORMATION THAT MUST BE INCLUDED IN THE
APPLICATIONS AND NOTICES;
(6) THE AMOUNT OF THE FEE THAT MUST BE SUBMITTED WITH AN
APPLICATION FOR A PERMIT;
(7) PROCEDURES FOR PROCESSING PERMIT APPLICATIONS, INCLUDING
PUBLIC NOTICE AND PARTICIPATION REQUIREMENTS;
(8) PROCEDURES FOR NOTIFYING THE UNITED STATES
ENVIRONMENTAL
PROTECTION AGENCY OF THE SUBMISSION OF PERMIT APPLICATIONS, THE DIRECTOR'S
ACTION ON THOSE APPLICATIONS, AND ANY OTHER REASONABLE AND RELEVANT
INFORMATION;
(9) PROCEDURES FOR NOTIFYING AND RECEIVING AND RESPONDING TO
RECOMMENDATIONS FROM OTHER STATES WHOSE WATERS MAY BE
AFFECTED BY THE ISSUANCE OF A PERMIT;
(10) PROCEDURES FOR THE TRANSFER OF PERMITS TO NEW OWNERS
OR OPERATORS;
(11) GROUNDS AND PROCEDURES FOR THE ISSUANCE, DENIAL, MODIFICATION,
SUSPENSION, OR REVOCATION OF PERMITS, INCLUDING GENERAL PERMITS;
(12) A DEFINITION OF "GENERAL NPDES PERMIT" THAT ESTABLISHES
CATEGORIES OF POINT SOURCES TO BE COVERED UNDER SUCH A PERMIT AND
A DEFINITION OF "INDIVIDUAL NPDES PERMIT" TOGETHER WITH THE
CRITERIA FOR ISSUING A GENERAL NPDES PERMIT AND THE CRITERIA FOR
DETERMINING A PERSON'S ELIGIBILITY TO DISCHARGE UNDER A GENERAL
NPDES PERMIT.
THE RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION SHALL BE
CONSISTENT WITH THE REQUIREMENTS
OF THE FEDERAL WATER POLLUTION CONTROL
ACT.
(G) ESTABLISH PUBLIC NOTICE AND PARTICIPATION REQUIREMENTS, IN
ADDITION TO THE
PROCEDURES ESTABLISHED IN RULES ADOPTED UNDER DIVISION (F)(7) OF THIS
SECTION, FOR THE ISSUANCE,
DENIAL, MODIFICATION, TRANSFER, SUSPENSION, AND REVOCATION OF PERMITS TO
INSTALL, PERMITS TO OPERATE, AND NPDES PERMITS CONSISTENT WITH
SECTION 903.09 of the Revised Code, INCLUDING A DEFINITION OF WHAT
CONSTITUTES SIGNIFICANT PUBLIC INTEREST FOR THE PURPOSES OF DIVISION
(A) OF SECTION 903.09 OF THE REVISED CODE AND
PROCEDURES
FOR PUBLIC MEETINGS. THE RULES SHALL REQUIRE THAT INFORMATION THAT IS
PRESENTED AT
SUCH A PUBLIC MEETING BE LIMITED TO THE CRITERIA THAT ARE APPLICABLE TO THE
PERMIT
APPLICATION THAT IS THE SUBJECT OF THE PUBLIC MEETING.
(H) ESTABLISH THE AMOUNT OF CIVIL PENALTIES ASSESSED BY THE
DIRECTOR OF AGRICULTURE UNDER DIVISION (B) OF
SECTION 903.16 of the Revised Code FOR VIOLATION OF THE TERMS AND CONDITIONS OF A PERMIT TO
INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE, PROVIDED THAT
THE
RULES ADOPTED UNDER THIS DIVISION SHALL NOT ESTABLISH A CIVIL PENALTY OF MORE
THAN TEN THOUSAND DOLLARS PER DAY FOR EACH VIOLATION;
(I) ESTABLISH PROCEDURES FOR THE PROTECTION OF TRADE SECRETS FROM
PUBLIC DISCLOSURE. THE PROCEDURES SHALL AUTHORIZE THE RELEASE OF TRADE
SECRETS TO OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE
STATE, ANOTHER STATE, OR THE UNITED STATES WHEN NECESSARY
FOR AN
ENFORCEMENT ACTION BROUGHT UNDER THIS CHAPTER OR WHEN OTHERWISE REQUIRED
BY THE FEDERAL WATER POLLUTION CONTROL
ACT. THE RULES
SHALL REQUIRE AT LEAST TEN DAYS' WRITTEN NOTICE TO THE PERSON TO WHOM A
TRADE SECRET APPLIES PRIOR TO THE RELEASE OF THE TRADE SECRET. RULES ADOPTED
UNDER THIS DIVISION DO NOT APPLY TO ANY INFORMATION THAT IS CONTAINED IN
APPLICATIONS, INCLUDING ATTACHMENTS, FOR
NPDES PERMITS AND THAT IS REQUIRED TO BE SUBMITTED UNDER SECTION
903.08
of the Revised Code OR RULES ADOPTED UNDER DIVISION (F) OF THIS SECTION.
(J) ESTABLISH ANY OTHER
PROVISIONS NECESSARY TO ADMINISTER AND ENFORCE THIS
CHAPTER.
Sec. 903.11. (A) THE DIRECTOR OF AGRICULTURE MAY ENTER INTO
CONTRACTS OR
AGREEMENTS TO CARRY OUT THE PURPOSES OF
THIS CHAPTER WITH ANY PUBLIC OR PRIVATE PERSON,
INCLUDING 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 WITH A PRIVATE PERSON
FOR THE REVIEW OF
APPLICATIONS FOR PERMITS TO INSTALL, PERMITS TO OPERATE, NPDES
PERMITS, OR REVIEW COMPLIANCE CERTIFICATES THAT ARE ISSUED UNDER
THIS CHAPTER OR FOR THE INSPECTION OF A FACILITY REGULATED UNDER
THIS CHAPTER OR WITH ANY PERSON FOR THE ISSUANCE OF ANY OF THOSE
PERMITS OR CERTIFICATES OR FOR THE ENFORCEMENT OF THIS CHAPTER AND
RULES ADOPTED UNDER IT.
(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. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT THE
ELIGIBILITY OF OWNERS OR OPERATORS OF ANIMAL FEEDING
FACILITIES OR OTHER AGRICULTURAL ENTERPRISES TO RECEIVE
MONEYS FROM THE WATER POLLUTION CONTROL LOAN
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.
THE DIRECTOR OF AGRICULTURE SHALL PROVIDE THE DIRECTOR OF
ENVIRONMENTAL PROTECTION WITH WRITTEN RECOMMENDATIONS FOR
PROVIDING FINANCIAL ASSISTANCE FROM THOSE FUNDS TO AGRICULTURAL
ENTERPRISES. THE DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL
CONSIDER THE RECOMMENDATIONS IN DEVELOPING PRIORITIES FOR
PROVIDING FINANCIAL ASSISTANCE FROM THE FUNDS.
Sec. 903.12. (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 PERMIT OR REVIEW COMPLIANCE CERTIFICATE ISSUED UNDER
THIS CHAPTER.
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 OR REVIEW COMPLIANCE CERTIFICATE
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. 903.13. IN A PRIVATE CIVIL ACTION FOR AN ALLEGED
NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A
CONCENTRATED ANIMAL FEEDING FACILITY, IT IS AN AFFIRMATIVE
DEFENSE IF THE PERSON OWNING, OPERATING, OR OTHERWISE
RESPONSIBLE FOR THE CONCENTRATED ANIMAL FEEDING FACILITY IS IN
COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED IN THE INSTALLATION
PERMIT, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE ISSUED FOR THE
CONCENTRATED ANIMAL FEEDING FACILITY AND THE
AGRICULTURAL ACTIVITIES DO NOT VIOLATE FEDERAL, STATE, AND LOCAL
LAWS GOVERNING NUISANCES.
Sec. 903.14. PRIOR TO FILING A PRIVATE CIVIL ACTION
FOR AN ALLEGED NUISANCE RELATED TO AGRICULTURAL ACTIVITIES CONDUCTED AT A
CONCENTRATED ANIMAL FEEDING FACILITY, 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. 903.15. (A) A PERSON WHO IS
AGGRIEVED OR ADVERSELY AFFECTED BY AN ALLEGED NUISANCE RELATED
TO A CONCENTRATED ANIMAL FEEDING FACILITY MAY SUBMIT A
COMPLAINT TO THE DIRECTOR OF AGRICULTURE
ALLEGING THAT THE NUISANCE EXISTS. THE COMPLAINT MAY BE MADE ORALLY OR IN
WRITING. IF THE COMPLAINT IS MADE IN WRITING, IT
SHALL BE SIGNED BY THE PERSON MAKING IT AND DATED.
(B) AFTER RECEIVING A WRITTEN, SIGNED, AND DATED COMPLAINT, THE
DIRECTOR SHALL, OR AFTER RECEIVING AN ORAL COMPLAINT THE DIRECTOR MAY, CAUSE
AN INVESTIGATION TO BE CONDUCTED TO DETERMINE
IF THE OWNER OR OPERATOR OF THE CONCENTRATED ANIMAL FEEDING
FACILITY IS COMPLYING WITH A PERMIT OR REVIEW COMPLIANCE CERTIFICATE.
(C)(1) IF, UPON COMPLETION OF THE
INVESTIGATION, THE DIRECTOR DETERMINES THAT THE OWNER OR
OPERATOR IS IN COMPLIANCE WITH A PERMIT OR REVIEW COMPLIANCE CERTIFICATE,
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
OR REVIEW COMPLIANCE CERTIFICATE, THE DIRECTOR SHALL PROCEED IN ACCORDANCE
WITH SECTION 903.16 OR
903.17 OF THE REVISED CODE, OR BOTH, AS APPLICABLE.
Sec. 903.16. (A) THE DIRECTOR OF AGRICULTURE MAY PROPOSE TO
REQUIRE CORRECTIVE ACTIONS AND ASSESS A CIVIL PENALTY AGAINST AN OWNER OR
OPERATOR OF A CONCENTRATED ANIMAL FEEDING FACILITY IF THE
DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE DETERMINES
THAT THE OWNER OR OPERATOR IS NOT IN COMPLIANCE WITH THE TERMS AND
CONDITIONS OF A PERMIT TO INSTALL, PERMIT TO OPERATE, OR REVIEW
COMPLIANCE CERTIFICATE ISSUED FOR THE CONCENTRATED ANIMAL FEEDING FACILITY,
INCLUDING THE REQUIREMENTS ESTABLISHED UNDER
DIVISION (C) OF SECTION 903.06 OR DIVISION (A) OF SECTION
903.07 OF THE
REVISED CODE. HOWEVER, THE DIRECTOR MAY IMPOSE A
CIVIL PENALTY ONLY IF ALL OF THE FOLLOWING OCCUR:
(1) THE OWNER OR OPERATOR IS NOTIFIED IN WRITING OF THE
DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE
OWNER OR OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE
TIME PERIOD WITHIN WHICH THE OWNER OR OPERATOR MUST CORRECT THE
DEFICIENCIES AND ATTAIN COMPLIANCE.
(2) AFTER THE TIME PERIOD SPECIFIED IN THE NOTICE HAS ELAPSED,
THE DIRECTOR OR THE DIRECTOR'S DULY AUTHORIZED REPRESENTATIVE HAS
INSPECTED THE CONCENTRATED ANIMAL FEEDING FACILITY, DETERMINED
THAT THE OWNER OR OPERATOR IS STILL NOT IN COMPLIANCE, AND ISSUED A NOTICE OF
AN ADJUDICATION HEARING.
(3) THE DIRECTOR AFFORDS THE OWNER OR OPERATOR AN OPPORTUNITY FOR
AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE REVISED
CODE TO
CHALLENGE THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN
COMPLIANCE OR THE IMPOSITION OF THE CIVIL PENALTY, OR BOTH. HOWEVER, THE
OWNER OR
OPERATOR MAY WAIVE THE RIGHT TO AN
ADJUDICATION HEARING.
(B) IF THE OPPORTUNITY FOR AN ADJUDICATION HEARING IS WAIVED OR
IF,
AFTER AN ADJUDICATION HEARING, THE DIRECTOR DETERMINES THAT A VIOLATION HAS
OCCURRED OR IS OCCURRING, THE DIRECTOR MAY ISSUE AN
ORDER REQUIRING COMPLIANCE AND ASSESS THE CIVIL PENALTY.
THE ORDER AND THE
ASSESSMENT OF THE CIVIL PENALTY MAY BE APPEALED IN ACCORDANCE WITH
SECTION 119.12 OF THE REVISED CODE.
CIVIL PENALTIES SHALL BE ASSESSED UNDER THIS DIVISION AS
FOLLOWS:
(1) A PERSON WHO HAS VIOLATED THE TERMS AND CONDITIONS OF A
PERMIT TO INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE
SHALL PAY A CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES UNLESS THE
VIOLATION IS OF THE
REQUIREMENTS ESTABLISHED UNDER DIVISION (C) OF SECTION 903.06 OR
DIVISION (A) OF SECTION 903.07 OF THE REVISED
CODE.
(2) A PERSON WHO HAS VIOLATED THE REQUIREMENTS ESTABLISHED UNDER
DIVISION (C) OF SECTION 903.06 OF THE REVISED CODE
SHALL PAY A
CIVIL PENALTY IN AN AMOUNT ESTABLISHED IN RULES FOR EACH VIOLATION. EACH
SEVEN-DAY
PERIOD DURING WHICH A VIOLATION CONTINUES CONSTITUTES A SEPARATE
VIOLATION.
(3) A PERSON WHO HAS VIOLATED THE REQUIREMENTS ESTABLISHED UNDER
DIVISION (A) OF SECTION 903.07 OF THE REVISED CODE
SHALL PAY A
CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
EACH THIRTY-DAY PERIOD DURING WHICH A VIOLATION CONTINUES CONSTITUTES A
SEPARATE VIOLATION.
(C) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF THE
DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY COURT
OF COMPETENT JURISDICTION AGAINST ANY PERSON VIOLATING OR THREATENING TO
VIOLATE
SECTION 903.02, 903.03, OR 903.04 OF THE REVISED CODE; THE
TERMS AND CONDITIONS OF A PERMIT
TO INSTALL, PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE,
INCLUDING THE REQUIREMENTS ESTABLISHED DIVISION (C) OF SECTION 903.06
OR DIVISION (A) OF SECTION
903.07 OF THE REVISED CODE;
RULES ADOPTED UNDER DIVISION (A) OF SECTION 903.10 of the Revised Code;
OR AN ORDER ISSUED UNDER DIVISION
(B) OF
THIS SECTION.
(D)(1) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION
(A) OF
THIS SECTION, THE DIRECTOR MAY REQUEST THE ATTORNEY
GENERAL, IN WRITING, TO BRING AN ACTION FOR A CIVIL PENALTY IN A COURT OF
COMPETENT JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS
VIOLATING THE TERMS AND CONDITIONS OF A PERMIT TO INSTALL,
PERMIT TO OPERATE, OR REVIEW COMPLIANCE CERTIFICATE, INCLUDING
THE REQUIREMENTS ESTABLISHED UNDER DIVISION (C) OF SECTION 903.06 OR
DIVISION (A) OF SECTION 903.07 OF THE REVISED
CODE.
(2) THE DIRECTOR MAY REQUEST THE ATTORNEY GENERAL, IN WRITING, TO
BRING AN ACTION FOR A CIVIL PENALTY IN A COURT OF COMPETENT JURISDICTION
AGAINST ANY PERSON THAT HAS VIOLATED OR IS VIOLATING SECTION 903.02,
903.03, OR 903.04 OF THE REVISED CODE, RULES ADOPTED UNDER
DIVISION
(A) OF SECTION 903.10 OF THE REVISED CODE, OR AN
ORDER ISSUED UNDER DIVISION (B) OF THIS SECTION.
(3) A PERSON WHO HAS COMMITTED A VIOLATION FOR WHICH THE ATTORNEY GENERAL
MAY BRING AN ACTION FOR A CIVIL PENALTY UNDER DIVISION (D)(1) OR (2)
OF THIS SECTION SHALL PAY A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND
DOLLARS
PER VIOLATION. EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE
VIOLATION.
Sec. 903.17.
(A) THE DIRECTOR OF AGRICULTURE MAY PROPOSE TO REQUIRE CORRECTIVE
ACTIONS AND ASSESS A CIVIL PENALTY AGAINST AN OWNER OR OPERATOR OF A
POINT SOURCE IF THE DIRECTOR OR THE DIRECTOR'S
AUTHORIZED REPRESENTATIVE DETERMINES THAT THE OWNER OR OPERATOR IS
NOT IN COMPLIANCE WITH SECTION 903.08 OF THE REVISED CODE,
THE TERMS AND CONDITIONS OF A
NPDES
PERMIT, THE NPDES PROVISIONS OF A PERMIT TO OPERATE, OR RULES
ADOPTED UNDER DIVISION (F) OF SECTION 903.10 OF
THE REVISED CODE. HOWEVER, THE DIRECTOR MAY IMPOSE A CIVIL
PENALTY ONLY IF ALL
OF THE FOLLOWING OCCUR:
(1) THE OWNER OR
OPERATOR IS NOTIFIED IN WRITING OF THE
DEFICIENCIES RESULTING IN NONCOMPLIANCE, THE ACTIONS THAT THE OWNER OR
OPERATOR MUST TAKE TO CORRECT THE DEFICIENCIES, AND THE TIME PERIOD WITHIN
WHICH THE OWNER OR OPERATOR MUST CORRECT THE DEFICIENCIES AND
ATTAIN COMPLIANCE.
(2) AFTER THE TIME PERIOD SPECIFIED IN THE NOTICE HAS ELAPSED,
THE DIRECTOR OR THE DIRECTOR'S DULY AUTHORIZED REPRESENTATIVE HAS
INSPECTED THE POINT SOURCE, DETERMINED
THAT THE OWNER OR OPERATOR IS STILL NOT IN COMPLIANCE, AND ISSUED A NOTICE OF
VIOLATION TO REQUIRE CORRECTIVE ACTIONS.
(3) THE DIRECTOR AFFORDS THE OWNER OR OPERATOR AN OPPORTUNITY FOR
AN ADJUDICATION HEARING UNDER CHAPTER 119. OF THE REVISED
CODE TO
CHALLENGE THE DIRECTOR'S DETERMINATION THAT THE OWNER OR OPERATOR IS NOT IN
COMPLIANCE OR THE IMPOSITION OF THE CIVIL PENALTY, OR BOTH. HOWEVER, THE
OWNER OR
OPERATOR MAY WAIVE THE RIGHT TO AN
ADJUDICATION HEARING.
(B) IF THE OPPORTUNITY FOR AN ADJUDICATION HEARING IS WAIVED OR
IF, AFTER AN ADJUDICATION HEARING, THE DIRECTOR DETERMINES THAT A
VIOLATION HAS OCCURRED OR IS OCCURRING, THE DIRECTOR MAY ISSUE AN
ORDER AND ASSESS A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND
DOLLARS PER VIOLATION AGAINST THE VIOLATOR. FOR PURPOSES OF DETERMINING THE
CIVIL PENALTY, EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE AND
DISTINCT VIOLATION.
THE ORDER AND THE
ASSESSMENT OF THE CIVIL PENALTY MAY BE APPEALED IN ACCORDANCE WITH
SECTION 119.12 OF THE REVISED CODE.
(C) TO THE EXTENT CONSISTENT WITH THE
FEDERAL
WATER
POLLUTION CONTROL ACT, THE DIRECTOR
SHALL CONSIDER TECHNICAL FEASIBILITY AND ECONOMIC COSTS IN ISSUING ORDERS
UNDER THIS SECTION.
(D)(1) THE ATTORNEY GENERAL, UPON THE WRITTEN REQUEST OF THE
DIRECTOR, SHALL BRING AN ACTION FOR AN INJUNCTION IN ANY COURT OF COMPETENT
JURISDICTION AGAINST ANY PERSON VIOLATING OR
THREATENING TO VIOLATE SECTION 903.08 OF THE REVISED CODE,
THE TERMS AND CONDITIONS OF A
NPDES PERMIT, THE NPDES PROVISIONS OF A PERMIT TO
OPERATE,
RULES ADOPTED UNDER DIVISION (F)
OF SECTION 903.10 OF THE REVISED CODE, OR AN ORDER ISSUED
UNDER DIVISION (B) OF THIS SECTION.
(2) IN LIEU OF SEEKING CIVIL PENALTIES UNDER DIVISION (A) OF THIS
SECTION, THE DIRECTOR MAY REQUEST, IN WRITING, THE ATTORNEY GENERAL TO BRING
AN ACTION FOR A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS PER VIOLATION IN A COURT OF COMPETENT
JURISDICTION AGAINST ANY PERSON THAT HAS VIOLATED OR IS VIOLATING
SECTION 903.08 OF THE REVISED CODE, THE TERMS AND CONDITIONS
OF A NPDES PERMIT, THE NPDES PROVISIONS OF A PERMIT TO
OPERATE, RULES ADOPTED UNDER DIVISION (F) OF
SECTION 903.10 OF
THE
REVISED CODE, OR AN ORDER ISSUED UNDER DIVISION (B)
OF THIS
SECTION. FOR PURPOSES OF DETERMINING THE CIVIL PENALTY TO BE ASSESSED
UNDER DIVISION (B) OF THIS SECTION, EACH DAY THAT A VIOLATION
CONTINUES CONSTITUTES A SEPARATE AND DISTINCT VIOLATION.
Sec. 903.18. (A) NOTWITHSTANDING SECTIONS 903.16 AND 903.17
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 ADJUDICATION 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 AN ADJUDICATION HEARING IN
ACCORDANCE WITH CHAPTER 119. of the Revised Code 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.
THE DIRECTOR'S ORDER IS
APPEALABLE IN ACCORDANCE WITH SECTION 119.12 OF THE REVISED
CODE.
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 MANURE
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. 903.19. ALL MONEY COLLECTED BY THE DIRECTOR OF
AGRICULTURE FROM APPLICATION FEES UNDER SECTIONS 903.02, 903.03, 903.07, AND
903.08 OF
THE
REVISED
CODE, ALL MONEY COLLECTED FROM CIVIL PENALTIES
UNDER SECTIONS 903.16 AND 903.17 OF THE
REVISED
CODE, AND ALL MONEY COLLECTED UNDER DIVISION (B) OF SECTION
903.18 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. 903.20. (A) THERE
IS HEREBY CREATED THE CONCENTRATED ANIMAL FEEDING FACILITY ADVISORY
COMMITTEE CONSISTING OF THE DIRECTORS OF AGRICULTURE, DEVELOPMENT,
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
SIXTEEN MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE. OF THE
APPOINTED MEMBERS,
ONE SHALL BE AN ELECTED
LOCAL GOVERNMENT OFFICIAL WHOSE JURISDICTION HAS A CONCENTRATED
ANIMAL FEEDING FACILITY LOCATED IN IT AT THE TIME THAT THE
OFFICIAL IS APPOINTED TO THE COMMITTEE, ONE SHALL BE A PERSON WHO
IS LICENSED TO PRACTICE VETERINARY MEDICINE UNDER CHAPTER 4741. OF
THE REVISED CODE,
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, ONE SHALL REPRESENT THE INTERESTS
OF
DRINKING WATER UTILITIES, ONE SHALL REPRESENT THE INTERESTS OF
WASTEWATER UTILITIES, ONE SHALL REPRESENT THE OHIO ENVIRONMENTAL
HEALTH ASSOCIATION, TWO SHALL REPRESENT THE INTERESTS OF STATEWIDE
ENVIRONMENTAL ADVOCACY ORGANIZATIONS,
AND FOUR SHALL REPRESENT THE
INTERESTS OF THE
PUBLIC.
PRIOR TO MAKING THE
APPOINTMENT OF THE MEMBER WHO IS AN ELECTED LOCAL GOVERNMENT
OFFICIAL, THE DIRECTOR SHALL SOLICIT A LIST OF SUGGESTED
CANDIDATES FROM THE APPROPRIATE STATEWIDE ASSOCIATIONS THAT
REPRESENT THE INTERESTS OF LOCAL GOVERNMENTS.
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 FACILITIES OR ASSOCIATED WITH
SUCH FACILITIES 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, SIX
SHALL BE FOR TERMS ENDING ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION, FIVE SHALL BE FOR TERMS ENDING TWO YEARS AFTER THE
EFFECTIVE DATE OF THIS SECTION, AND FIVE 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 MEETING, 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 FACILITY IN APPLYING
FOR A
PERMIT TO INSTALL OR PERMIT TO OPERATE.
THE
MATERIALS ALSO SHALL INCLUDE INFORMATION STATING THAT, IN ADDITION TO
OBTAINING A PERMIT TO OPERATE, IT MAY BE NECESSARY
TO OBTAIN A NPDES PERMIT FOR THE
DISCHARGE OF MANURE 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 MEETING PROCESS IN CONNECTION WITH THE RELEVANT
PERMITS ISSUED UNDER THIS CHAPTER, AND A SUMMARY OF THE ANTIDEGRADATION POLICY
ESTABLISHED
UNDER SECTION 6111.12 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 FACILITIES.
(D) SECTION 101.84 of the Revised Code DOES NOT APPLY TO THE COMMITTEE.
Sec. 903.99. (A) WHOEVER VIOLATES
DIVISION (A)(2) OF SECTION 903.02
OR DIVISION (A)(2) OF SECTION 903.03 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
THE TERMS AND CONDITIONS
OF A PERMIT TO INSTALL ISSUED UNDER SECTION 903.02 OF THE REVISED
CODE OR OF A PERMIT TO OPERATE ISSUED UNDER SECTION 903.03 OF THE
REVISED CODE,
DIVISION (B)(1),
(C)(1), OR (M)(1) OR (2) OF SECTION
903.08 OF THE REVISED CODE, OR THE NPDES
PROVISIONS OF A PERMIT TO OPERATE SHALL BE FINED NOT MORE THAN
TWENTY-FIVE
THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES A SEPARATE
OFFENSE.
(C) WHOEVER KNOWINGLY VIOLATES DIVISION (K) OF SECTION
903.08 OF THE
REVISED CODE SHALL BE FINED NOT
MORE THAN TWENTY-FIVE THOUSAND DOLLARS. EACH DAY OF VIOLATION CONSTITUTES A
SEPARATE OFFENSE.
Sec. 1511.02. The chief of the division of soil and water
conservation, subject to the approval of the director of natural
resources, shall do all of the following:
(A) Provide administrative leadership to local soil and
water conservation districts in planning, budgeting, staffing,
and administering district programs and the training of district
supervisors and personnel in their duties, responsibilities, and
authorities as prescribed in this chapter and Chapter 1515. of
the Revised Code;
(B) Administer this chapter and Chapter 1515. of the
Revised Code pertaining to state responsibilities and provide
staff assistance to the Ohio soil and water conservation
commission in exercising its statutory responsibilities;
(C) Assist in expediting state responsibilities for
watershed development and other natural resource conservation
works of improvement;
(D) Coordinate the development and implementation of
cooperative programs and working agreements between local soil
and water conservation districts and divisions or sections of the
department of natural resources, or other agencies of local,
state, and federal government;
(E) Subject to the approval of the Ohio soil and water
conservation commission, adopt, amend, or rescind rules pursuant
to Chapter 119. of the Revised Code. Rules adopted pursuant to
this section:
(1) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices in farming or silvicultural operations
that will abate wind or water erosion of the soil or abate the
degradation of the waters of the state by animal waste or by soil
sediment including substances attached thereto, and establish
criteria for determination of the acceptability of such
management and conservation practices;
(2) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices that will abate wind or water erosion of
the soil or abate the degradation of the waters of the state by
soil sediment in conjunction with land grading, excavating,
filling, or other soil-disturbing activities on land used or
being developed for nonfarm commercial, industrial, residential,
or other nonfarm purposes, and establish criteria for
determination of the acceptability of such management and
conservation practices. The standards shall be designed to
implement applicable areawide waste treatment management plans
prepared under section 208 of the "Federal Water Pollution
Control Act," 86 Stat. 816 (1972), 33 U.S.C.A. 1288, as amended.
The standards and criteria shall not apply in any municipal
corporation or county that adopts ordinances or rules pertaining
to sediment control, nor to lands being used in a strip mine
operation as defined in section 1513.01 of the Revised Code, nor
to lands being used in a surface mining operation as defined in
section 1514.01 of the Revised Code.
(3) May recommend criteria and procedures for the approval
of urban sediment pollution abatement plans and issuance of
permits prior to any grading, excavating, filling, or other whole
or partial disturbance of five or more contiguous acres of land
owned by one person or operated as one development unit and
require implementation of such a plan. Areas of less than five
contiguous acres are not exempt from compliance with other
provisions of this chapter and rules adopted under them.
(4) Shall establish procedures for administration of rules
for agricultural pollution abatement and urban sediment pollution
abatement and for enforcement of rules for agricultural pollution
abatement;
(5) Shall specify the pollution abatement practices
eligible for state cost sharing and determine the conditions for
eligibility, the construction standards and specifications, the
useful life, the maintenance requirements, and the limits of cost
sharing for those practices. Eligible practices shall be limited
to practices that address agricultural or silvicultural
operations and that require expenditures that are likely to
exceed the economic returns to the owner or operator and that
abate soil erosion or degradation of the waters of the state by
animal waste or soil sediment including pollutants attached
thereto.
(6) Until June 1, 1996, shall specify the multiflora rose
control practices eligible for state cost sharing, the conditions
of eligibility for state cost sharing, the limits of cost sharing
for those practices, specifications for carrying out those
practices to ensure effective control of the multiflora rose and
to safeguard the health and safety of human beings and domestic
animals and the environment, and the contract provisions to be
included in cost-sharing agreements with landowners;
(7) Until June 1, 1996, shall establish procedures for
administering grants to soil and water conservation districts for
control of multiflora rose;
(8) Shall establish procedures for administering grants to
owners or operators of agricultural land or concentrated animal
feeding operations for the implementation of operation and
management plans;
(9) Shall establish procedures for administering grants to
soil and water conservation districts for urban sediment
pollution abatement programs, specify the types of projects
eligible for grants, establish limits on the availability of
grants, and establish requirements governing the execution of
projects to encourage the reduction of erosion and sedimentation
associated with soil-disturbing activities;
(10) Shall do all of the following with regard to
composting conducted in conjunction with agricultural operations:
(a) Provide for the distribution of educational material
concerning composting to the offices of the Ohio cooperative
extension service for the purposes of section 1511.022 of the
Revised Code;
(b) Establish methods, techniques, or practices for
composting dead animals, or particular types of dead animals,
that are to be used at such operations, as the chief considers to
be necessary or appropriate;
(c) Establish requirements and procedures governing the
review and approval or disapproval of composting plans by the
supervisors of soil and water conservation districts under
division (U) of section 1515.08 of the Revised Code.
(11) Shall be adopted, amended, or rescinded after the
chief does all of the following:
(a) Mails notice to each statewide organization that the
chief determines represents persons or local governmental agencies who
would be affected by the proposed rule, amendment thereto, or
rescission thereof at least thirty-five days before any public
hearing thereon;
(b) Mails a copy of each proposed rule, amendment thereto,
or rescission thereof to any person who requests a copy, within
five days after receipt of the request;
(c) Consults with appropriate state and local governmental
agencies or their representatives, including statewide
organizations of local governmental officials, industrial
representatives, and other interested persons;
(d) If the rule relates to agricultural pollution
abatement, develops an economic impact statement concerning the
effect of the proposed rule or amendment.
(12) Shall not conflict with air or water quality
standards adopted pursuant to section 3704.03 or 6111.041 of the
Revised Code. Compliance with rules adopted pursuant to this
section does not affect liability for noncompliance with
air or
water quality standards adopted pursuant to section 3704.03 or
6111.041 of the Revised Code. The application of a level of
management and conservation practices recommended under this
section to control windblown soil from farming operations creates a
presumption of compliance with section 3704.03 of
the
Revised Code as that section applies to windblown soil.
(13) Insofar as the rules relate to urban sediment
pollution, shall not be applicable in a municipal corporation or
county that adopts ordinances or rules for urban sediment
control, except that a municipal corporation or county that
adopts such ordinances or rules may receive moneys for urban
sediment control that are disbursed by the board of supervisors
of the applicable soil and water conservation district under
division (R) of section 1515.08 of the Revised Code. The rules
shall not exempt any person from compliance with municipal
ordinances enacted pursuant to Section 3 of Article XVIII, Ohio
Constitution.
(F) Cost share with landowners on practices established
pursuant to division (E)(5) of this section as moneys are
appropriated and available for that purpose. Any practice for
which cost share is provided shall be maintained for its useful
life. Failure to maintain a cost share practice for its useful
life shall subject the landowner to full repayment to the
division.
(G) Issue orders requiring compliance with any rule
adopted under division (E)(1) of this section or with section
1511.022 of the Revised Code. Before the chief issues an order,
the chief shall afford each person allegedly liable an
adjudication hearing under Chapter 119. of the Revised Code. The chief may
require in an order that a person who has caused agricultural
pollution by failure to comply with the standards established
under division (E)(1) of this section operate under an operation
and management plan approved by the chief under this section. The chief shall
require in an order that a person who has failed
to comply with division (A) of section 1511.022 of the Revised
Code prepare a composting plan in accordance with rules adopted
under division (E)(10)(c) of this section and operate in accordance with
that plan or that a person who has failed to operate in
accordance with such a plan begin to operate in accordance with
it. Each order shall be issued in writing and contain a finding
by the chief of the facts upon which the order is based and the
standard that is not being met.
(H) Refrain from issuing any order requiring a pollution
abatement practice that is eligible for cost sharing under
division (E)(5) of this section unless public funds are available
for cost sharing on those practices at not less than seventy-five
per cent of the cost, but not more than fifteen thousand dollars
per person per year for practices for abating agricultural
pollution. The fifteen thousand dollar per person per year limit
may be waived by majority vote of the Ohio soil and water
conservation commission.
(I) Employ field assistants and such other employees as
are necessary for the performance of the work prescribed by
Chapter 1515. of the Revised Code, for performance of work of the
division, and as agreed to under working agreements or
contractual arrangements with local soil and water conservation
districts, prescribe their duties, and fix their compensation in
accordance with such schedules as are provided by law for the
compensation of state employees.
All employees of the division, unless specifically exempted
by law, shall be employed subject to the classified civil service
laws in force at the time of employment.
(J)(I) In connection with new or relocated projects involving
highways, underground cables, pipelines, railroads, and other
improvements affecting soil and water resources, including
surface and subsurface drainage:
(1) Provide engineering service as is mutually agreeable
to the Ohio soil and water conservation commission and the
director to aid in the design and installation of soil and water
conservation practices as a necessary component of such projects;
(2) Maintain close liaison between the owners of lands on
which the projects are executed, local soil and water
conservation districts, and authorities responsible for such
projects;
(3) Review plans for such projects to ensure their
compliance with standards developed under division (E) of this
section in cooperation with the department of transportation or
with any other interested agency that is engaged in soil or water
conservation projects in the state in order to minimize adverse
impacts on soil and water resources adjacent to or otherwise
affected by these projects;
(4) Recommend measures to retard erosion and protect soil
and water resources through the installation of water impoundment
or other soil and water conservation practices;
(5) Cooperate with other agencies and subdivisions of the
state to protect the agricultural status of rural lands adjacent
to such projects and control adverse impacts on soil and water
resources.
(K)(J) Collect, analyze, inventory, and interpret all
available information pertaining to the origin, distribution,
extent, use, and conservation of the soil resources of the state;
(L)(K) Prepare and maintain up-to-date reports, maps, and
other materials pertaining to the soil resources of the state and
their use and make that information available to governmental
agencies, public officials, conservation entities, and the
public;
(M)(L) Provide soil and water conservation districts with
technical assistance including on-site soil investigations and
soil interpretation reports on the suitability or limitations of
soil to support a particular use or to plan soil conservation
measures. The assistance shall be upon such terms as are
mutually agreeable to the districts and the department of natural
resources.
(N)(M) Assist local government officials in utilizing land
use planning and zoning, current agricultural use value
assessment, development reviews, and land management activities;
(O)(N) When necessary for the purposes of this chapter or
Chapter 1515. of the Revised Code, develop or approve operation
and management plans.
This section does not restrict the excrement of domestic or
farm animals defecated on land outside a concentrated animal
feeding operation or runoff therefrom into the waters of the
state.
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. 1511.022. (A) Any person who owns or operates an
agricultural operation, or owns the animals raised by the owner
or operator of an agricultural operation, and who wishes to
conduct composting of dead animals resulting from the
agricultural operation shall do both of the following:
(1) Participate in an educational course concerning
composting conducted by the Ohio cooperative extension service
and obtain a certificate of completion for the course;
(2) Use the appropriate method, technique, or practice of
composting established in rules adopted under division (E)(10) of
section 1511.02 of the Revised Code.
(B) Any person who fails to comply with division (A) of
this section shall prepare and operate under a composting plan in
accordance with an order issued by the chief of the division of
soil and water conservation under division (H)(G) of section
1511.02 of the Revised Code. If the person's proposed composting plan is
disapproved by the board of supervisors of the appropriate soil
and water conservation district under division (U)(3) of
section
1515.08 of the Revised Code, the person may appeal the plan
disapproval to the chief, who shall afford the person a hearing.
Following the hearing, the chief shall uphold the plan
disapproval or reverse it. If the chief reverses the
disapproval, the plan shall be deemed approved.
Sec. 1511.07. (A)(1) No person shall fail to comply with
an order of the chief of the division of soil and water
conservation issued pursuant to division (G) of section 1511.02
of the Revised Code.
(2) In addition to the remedies provided and irrespective
of whether an adequate remedy at law exists, the chief may apply
to the court of common pleas in the county where a violation of a
standard established under division (E)(1) or (10)(b) of section
1511.02 of the Revised Code causes pollution of the waters of the
state and constitutes a danger to public health for an order to
compel the violator to cease the violation and to remove the
agricultural pollutant or to comply with the rules adopted under
division (E)(10)(b) of that section, as appropriate.
(3) In addition to the remedies provided and irrespective
of whether an adequate remedy at law exists, whenever the chief
officially determines that an emergency exists because of an
unauthorized release, spill, or discharge of animal waste, or a
violation of a rule adopted under division (E)(10)(b) of section
1511.02 of the Revised Code, that causes pollution of the waters
of the state and requires immediate action to protect the public
health, he THE CHIEF may, without notice or hearing, issue
an
order
reciting the existence of the emergency and requiring that
necessary action be taken to meet the emergency. The order shall
be effective immediately. Any person to whom the order is
directed shall comply with the order immediately, but on
application to the chief shall be afforded a hearing as soon as
possible, but not later than twenty days after making the
application. On the basis of the hearing, the chief shall
continue the order in effect, revoke it, or modify it. No
emergency order shall remain in effect for more than sixty days
after its issuance. If a person to whom an order is issued does
not comply with the order within a reasonable period, as
determined by the chief, the chief or his THE CHIEF'S designee
may enter upon
private or public lands and take action to mitigate, minimize,
remove, or abate the release, spill, discharge, or conditions
caused by the violation of the rule.
(B) The attorney general, upon the written request of the
chief, shall bring appropriate legal action in Franklin county
against any person who fails to comply with an order of the chief
issued pursuant to division (G) of section 1511.02 of the Revised
Code.
Sec. 1511.071. There is hereby created in the state
treasury the agricultural pollution abatement fund, which shall
be administered by the chief of the division of soil and water
conservation. The fund may be used to pay costs incurred by the
division under division (A)(3) of section 1511.07 of the Revised
Code in investigating, mitigating, minimizing, removing, or
abating any pollution of the waters of the state caused by an
unauthorized release, spill, or discharge of animal waste into or
upon the environment that requires emergency action to protect
the public health.
Any person responsible for causing or allowing an
unauthorized release, spill, or discharge is liable to the chief
for any costs incurred by the division AND SOIL AND WATER CONSERVATION
DISTRICTS in investigating,
mitigating, minimizing, removing, or abating the release, spill,
or discharge, regardless of whether those costs were paid out of
the agricultural pollution abatement fund or any other fund of
the division OR A DISTRICT. Upon the request of the chief, the
attorney
general shall bring a civil action against the responsible person
to recover those costs. Moneys recovered under this section
shall be paid into the agricultural pollution abatement fund.
Sec. 1515.08. The supervisors of a soil and water
conservation district have the following powers in addition to
their other powers:
(A) To conduct surveys, investigations, and research
relating to the character of soil erosion, floodwater and
sediment damages, and the preventive and control measures and
works of improvement for flood prevention and the conservation,
development, utilization, and disposal of water needed within the
district, and to publish the results of those surveys,
investigations, or research, provided that no district shall
initiate any research program except in cooperation or after
consultation with the Ohio agricultural research and development
center;
(B) To develop plans for the conservation of soil
resources, for the control and prevention of soil erosion, and
for works of improvement for flood prevention and the
conservation, development, utilization, and disposal of water
within the district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate
preventive and control measures and other works of improvement
for natural resource conservation and development and flood
prevention, and the conservation, development, utilization, and
disposal of water within the district on lands owned or
controlled by this state or any of its agencies and on any other
lands within the district, which works may include any facilities
authorized under state or federal programs, and to acquire, by
purchase or gift, to hold, encumber, or dispose of, and to lease
real and personal property or interests in such property for
those purposes;
(D) To cooperate or enter into agreements with any
occupier of lands within the district in the carrying on of
natural resource conservation operations and works of improvement
for flood prevention and the conservation, development,
utilization, and management of natural resources within the
district, subject to such conditions as the supervisors consider
necessary;
(E) To accept donations, gifts, grants, and contributions
in money, service, materials, or otherwise, and to use or expend
them according to their terms;
(F) To adopt, amend, and rescind rules to carry into
effect the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be
sued and impleaded in the name of the district, with respect to
its contracts and, as indicated in section 1515.081 of the
Revised Code, certain torts of its officers, employees, or agents
acting within the scope of their employment or official
responsibilities, or with respect to the enforcement of its
obligations and covenants made under this chapter;
(H) To make and enter into all contracts, leases, and
agreements and execute all instruments necessary or incidental to
the performance of the duties and the execution of the powers of
the district under this chapter, provided that all of the following
apply:
(1) Except as provided in section 307.86 of the Revised Code regarding
expenditures by boards of county commissioners, when the cost under any
such contract, lease, or
agreement, other than compensation for personal services or
rental of office space, involves an expenditure of more than the amount
established in that section regarding expenditures
by boards of county commissioners, the supervisors shall make a written
contract
with the lowest and best bidder after advertisement, for not less
than two nor more than four consecutive weeks preceding the day
of the opening of bids, in a newspaper of general circulation
within the district and in such other publications as the
supervisors determine. The notice shall state the general
character of the work and materials to be furnished, the place
where plans and specifications may be examined, and the time and
place of receiving bids.
(2) Each bid for a contract shall contain the full name of
every person interested in it;.
(3) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall meet the requirements of section 153.54 of the
Revised Code;.
(4) Each bid for a contract, other than a contract for the
construction, demolition, alteration, repair, or reconstruction
of an improvement, at the discretion of the supervisors, may be
accompanied by a bond or certified check on a solvent bank in an
amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into;.
(5) The supervisors may reject any and all bids.
(I) To make agreements with the department of natural
resources giving it control over lands of the district for the
purpose of construction of improvements by the department under
section 1501.011 of the Revised Code;
(J) To charge, alter, and collect rentals and other
charges for the use or services of any works of the district;
(K) To enter, either in person or by designated
representatives, upon lands, private or public, in the necessary
discharge of their duties;
(L) To enter into agreements or contracts with the
department for the determination, implementation, inspection, and
funding of agricultural pollution abatement and urban sediment
pollution abatement measures whereby landowners, operators,
managers, and developers may meet adopted state standards for a
quality environment, except that failure of a district board of
supervisors to negotiate an agreement or contract with the
department shall authorize the division of soil and water
conservation to implement the required program;
(M) To conduct demonstrations and provide information to
the public regarding practices and methods for natural resource
conservation, development, and utilization;
(N) Until June 1, 1996, to conduct surveys and
investigations relating to the incidence of the multiflora rose
within the district and of the nature and extent of the adverse
effects of the multiflora rose on agriculture, forestry,
recreation, and other beneficial land uses;
(O) Until June 1, 1996, to develop plans for the control
of the multiflora rose within the district and to publish those
plans and information related to control of the multiflora rose;
(P) Until June 1, 1996, to enter into contracts or
agreements with the chief of the division of soil and water
conservation to implement and administer a program for control of
the multiflora rose and to receive and expend funds provided by
the chief for that purpose;
(Q) Until June 1, 1996, to enter into cost-sharing
agreements with landowners for control of the multiflora rose.
Before entering into any such agreement, the board of supervisors
shall determine that the landowner's application meets the
eligibility criteria established under division (E)(6) of section
1511.02 of the Revised Code. The cost-sharing agreements shall
contain the contract provisions required by the rules adopted
under that division and such other provisions as the board of
supervisors considers appropriate to ensure effective control of
the multiflora rose.
(R) To enter into contracts or agreements with the chief
to implement and administer a program for urban sediment
pollution abatement and to receive and expend moneys provided by
the chief for that purpose;
(S) To develop operation and management plans, as defined
in section 1511.01 of the Revised Code, as necessary;
(T) To determine whether operation and management plans
developed under division (A) of section 1511.021 of the Revised
Code comply with the standards established under division (E)(1)
of section 1511.02 of the Revised Code and to approve or
disapprove the plans, based on such compliance. If an operation
and management plan is disapproved, the board shall provide a
written explanation to the person who submitted the plan. The
person may appeal the plan disapproval to the chief, who shall
afford the person a hearing. Following the hearing, the chief
shall uphold the plan disapproval or reverse it. If the chief
reverses the plan disapproval, the plan shall be deemed approved
under this division. In the event that any person operating or
owning agricultural land or a concentrated animal feeding
operation in accordance with an approved operation and management
plan who, in good faith, is following that plan, causes
agricultural pollution, the plan shall be revised in a fashion
necessary to mitigate the agricultural pollution, as determined
and approved by the board of supervisors of the soil and water
conservation district.
(U) With regard to composting conducted in conjunction
with agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect
composting at any such operation to determine whether the
composting is being conducted in accordance with section 1511.022
of the Revised Code;
(2) If the board determines that composting is not being
so conducted, request the chief to issue an order under division
(H)(G) of section 1511.02 of the Revised Code requiring the
person
who is conducting the composting to prepare a composting plan in
accordance with rules adopted under division (E)(10)(c) of that
section and to operate in accordance with that plan or to operate
in accordance with a previously prepared plan, as applicable;
(3) In accordance with rules adopted under division
(E)(10)(c) of section 1511.02 of the Revised Code, review and
approve or disapprove any such composting plan. If a plan is
disapproved, the board shall provide a written explanation to the
person who submitted the plan.
As used in division (U) of this section, "composting"
has the same meaning as in section 1511.01 of the Revised Code.
(V) To do all acts necessary or proper to carry out the
powers granted in this chapter.
The director of natural resources shall make
recommendations to reduce the adverse environmental effects of
each project that a soil and water conservation district plans to
undertake under division (A), (B), (C), or (D) of this section
and that will be funded in whole or in part by moneys authorized
under section 1515.16 of the Revised Code and shall disapprove
any such project that the director finds will adversely
affect the
environment without equal or greater benefit to the public. The
director's disapproval or recommendations, upon the request of
the district filed in accordance with rules adopted by the Ohio
soil and water conservation commission, shall be reviewed by the
commission, which may confirm the director's decision, modify it,
or add recommendations to or approve a project the director has
disapproved.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 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 WITH RESPECT TO ACTIONS THAT ARE APPEALABLE TO THE
COMMISSION UNDER 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
ANY PERSON WHO DISCHARGES, TRANSPORTS, OR HANDLES STORM WATER
FROM AN ANIMAL FEEDING FACILITY, AS DEFINED IN SECTION 903.01 OF
THE REVISED CODE, OR MANURE, AS DEFINED IN THAT SECTION, IS
NOT
REQUIRED TO OBTAIN A PERMIT UNDER DIVISION (J)(1) OF THIS SECTION
FOR THE INSTALLATION OR MODIFICATION OF A DISPOSAL SYSTEM
INVOLVING MANURE OR STORM WATER OR ANY PARTS OF SUCH A SYSTEM ON
AND AFTER THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE HAS
FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF SECTION
903.02 OF THE REVISED CODE. IN ADDITION, ANY PERSON WHO
DISCHARGES, TRANSPORTS, OR HANDLES STORM WATER FROM AN ANIMAL
FEEDING FACILITY, AS DEFINED IN SECTION 903.01 OF THE REVISED
CODE, OR MANURE, AS DEFINED IN THAT SECTION, IS NOT REQUIRED TO
OBTAIN A PERMIT UNDER DIVISION (J)(1) OF THIS SECTION FOR THE
DISCHARGE OF STORM WATER OR MANURE ON AND AFTER THE DATE ON WHICH
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY APPROVES
THE
NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER
SECTION 903.08 OF THE REVISED CODE.
ANY PERMIT terms and conditions SET BY THE DIRECTOR shall be
designed to achieve
and maintain full compliance with the national effluent
limitations, national standards of performance for new sources,
and national toxic and pretreatment effluent standards set under
that act, and any other mandatory requirements of that act that
are imposed by regulation of the administrator of the United
States environmental protection agency. If an applicant for a
sludge management permit also applies for a related permit for the discharge
of sewage, industrial waste, or other wastes into the waters of the state, the
director may combine the two permits and issue one permit to the applicant.
A sludge management permit is not required for an entity that
treats or transports sewage sludge or for a sanitary landfill when all
of the following apply:
(a) The entity or sanitary landfill does not generate the sewage
sludge.
(b) Prior to receipt at the sanitary landfill, the entity has
ensured that the sewage sludge meets the requirements established in rules
adopted by the director under section
3734.02 of the Revised Code concerning disposal of municipal
solid
waste in a sanitary landfill.
(c) Disposal of the sewage sludge occurs at a sanitary landfill
that complies with rules adopted by the director under section 3734.02 of
the Revised Code.
As used in division (J)(1) of this section, "sanitary landfill"
means a sanitary landfill facility, as defined in rules adopted under
section 3734.02 of the Revised Code, that is licensed as a
solid waste facility under section 3734.05 of the Revised Code.
(2) An application for a
permit or renewal thereof shall be denied if any of the following applies:
(a) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(b) The director determines that the proposed discharge or
source would conflict with an areawide waste treatment
management plan adopted in accordance with section 208 of the
Federal Water Pollution Control Act;
(c) The administrator of the United States environmental
protection agency objects in writing to the issuance or renewal
of the permit in accordance with section 402 (d) of the Federal
Water Pollution Control Act;
(d) The application is for the discharge of any
radiological, chemical, or biological warfare agent or
high-level radioactive waste into the waters of the United
States.
(3) To achieve and maintain applicable standards of quality for
the waters of the state adopted pursuant to section 6111.041 of
the Revised Code, the director shall impose, where necessary and
appropriate, as conditions of each permit, water quality related
effluent limitations in accordance with sections 301, 302, 306,
307, and 405 of the Federal Water
Pollution
Control Act and, to
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.
This exclusion does
not apply to animal waste treatment works having a controlled
direct discharge to the waters of the state or.
HOWEVER, UNTIL THE DATE ON
WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
APPROVES
THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER
SECTION 903.08 OF THE REVISED CODE, THIS EXCLUSION DOES NOT
APPLY
TO ANIMAL WASTE TREATMENT WORKS HAVING A CONTROLLED DIRECT
DISCHARGE TO THE WATERS OF THE STATE. ON and AFTER THE DATE ON
WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
APPROVES
THE NPDES PROGRAM SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER
SECTION 903.08 OF THE REVISED CODE, THIS SECTION DOES NOT
APPLY
TO
STORM WATER FROM AN ANIMAL FEEDING FACILITY, AS DEFINED IN SECTION
903.01 OF THE REVISED CODE, OR TO MANURE, AS DEFINED IN THAT
SECTION. NEITHER OF THESE EXCLUSIONS APPLIES
to the discharge of
animal waste into a publicly owned treatment works.
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 903.08 OF THE REVISED
CODE, THIS SECTION DOES NOT APPLY TO STORM WATER FROM AN ANIMAL
FEEDING FACILITY, AS
DEFINED IN SECTION 903.01 of the Revised Code, OR TO MANURE,
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. 6111.04. (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) Such 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 an existing permit without first receiving a permit from
the director to do
so.
the therefor
(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 the 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.;
(5) ON AND AFTER THE DATE ON WHICH THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY APPROVES THE NPDES PROGRAM
SUBMITTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 903.08 of the Revised Code, STORM
WATER FROM AN ANIMAL FEEDING FACILITY,
AS DEFINED IN SECTION 903.01 of the Revised Code, OR MANURE, AS DEFINED IN
THAT SECTION;
(6) 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)(7) 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 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)(8) 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) ON AND AFTER THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE
HAS FINALIZED THE PROGRAM REQUIRED UNDER DIVISION (A)(1) OF
SECTION 903.02 OF THE REVISED CODE, SEWERAGE SYSTEMS,
TREATMENT
WORKS, OR DISPOSAL SYSTEMS FOR STORM WATER FROM AN ANIMAL FEEDING
FACILITY OR MANURE, AS "ANIMAL FEEDING FACILITY" AND "MANURE" ARE
DEFINED IN SECTION 903.01 OF THE REVISED CODE;
(3) ANIMAL WASTE TREATMENT OR DISPOSAL WORKS AND RELATED
MANAGEMENT AND CONSERVATION PRACTICES THAT ARE SUBJECT TO RULES
ADOPTED UNDER DIVISION (E)(2) OF SECTION 1511.02 OF THE
REVISED
CODE AND INVOLVING LESS THAN ONE THOUSAND ANIMAL UNITS, AS "ANIMAL
UNIT" IS DEFINED IN THE UNITED STATES ENVIRONMENTAL
PROTECTION
AGENCY REGULATIONS.
THE EXCLUSIONS ESTABLISHED IN DIVISIONS (B)(2) AND (3) OF THIS
SECTION DO NOT APPLY TO ANIMAL WASTE TREATMENT OR DISPOSAL WORKS
HAVING A CONTROLLED DIRECT DISCHARGE TO THE WATERS OF THE STATE
UNTIL THE DATE ON WHICH THE DIRECTOR OF AGRICULTURE FINALIZES THE
PROGRAM REQUIRED UNDER SECTION 903.02 OF THE REVISED CODE.
THE
EXCLUSIONS ESTABLISHED IN DIVISIONS (B)(2) AND (3) OF THIS SECTION
ALSO DO NOT APPLY TO THE CONSTRUCTION OR INSTALLATION OF DISPOSAL
SYSTEMS, AS DEFINED IN SECTION 6111.01 OF THE REVISED CODE,
THAT
ARE LOCATED AT AN ANIMAL FEEDING FACILITY AND THAT STORE, TREAT,
OR DISCHARGE WASTEWATERS THAT DO NOT INCLUDE STORM WATER OR MANURE
OR THAT DISCHARGE TO A PUBLICLY OWNED TREATMENT WORKS.
Sec. 6111.45. No municipal corporation, county, public
institution, corporation, or officer or employee thereof or
other person shall establish as proprietor, agent, employee,
lessee, or tenant, any garbage disposal plant, shop, factory,
mill, industrial establishment, process, trade, or business in
the operation of which an industrial waste is produced, or make a
change in or enlargement of a garbage disposal plant, shop,
factory, mill, industrial establishment, process, trade, or
business whereby an industrial waste is produced or materially
increased or changed in character, or install works for the
treatment or disposal of any such waste until the plans for the
disposal of the waste have been submitted to and approved
by the
director of environmental protection. As used in sections
6111.44 to 6111.46 of the Revised Code, "industrial waste" means
sludge or
sludge materials or a water-carried or liquid waste resulting
from any process of
industry, manufacture, trade, or business or development of any
natural resource, BUT DOES NOT INCLUDE STORM WATER FROM ANY ANIMAL
FEEDING FACILITY, AS
DEFINED IN SECTION 903.01 of the Revised Code, OR MANURE, AS DEFINED IN THAT SECTION. In
granting an approval, the agency may
stipulate modifications, conditions, and
rules that the
public health and welfare 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 of the
violation,
constitutes a separate offense.
Section 2. That existing sections 1511.02, 1511.021, 1511.022, 1511.07,
1511.071, 1515.08, 3745.04, 6111.03, 6111.035, 6111.04, 6111.44 and 6111.45
of the Revised Code are
hereby repealed.
Section 3. All items in this section are hereby appropriated as
designated out of any moneys in the state treasury to the credit of
the General Revenue Fund and the State Special Revenue Fund Group. For all
appropriations made in this
act, those in the first column are for fiscal year 2000 and
those in the second column are for fiscal year 2001. The
appropriations made in this act are in addition to any other
appropriations made for the 1999-2001 biennium.
AGR DEPARTMENT OF AGRICULTURE
General Revenue Fund
GRF | 700-414 | Concentrated Animal Feeding Facility 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.
Section 4. (A) As used in this section, "concentrated animal feeding
operations," "animal feeding facilities," and "manure" have
the same meanings as in section 903.01 of the Revised Code, as
enacted by this act.
(B) On the date on which the Director of Agriculture has finalized the
program
required under division (A)(1) of section 903.02 of the Revised Code, 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 concentrated animal feeding operations,
animal
feeding
facilities, or manure 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 903.08 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
manure and the discharge of storm water from concentrated
animal feeding operations or animal feeding facilities 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.
Section 5. The codified and uncodified sections of law
contained in this act are subject to the referendum.
Therefore, under Ohio Constitution, Article II, Section 1c and
section 1.471 of the Revised Code, the codified and uncodified
sections of law contained in this act take effect
on the ninety-first day after this act is filed with the Secretary of State.
If, however, a referendum petition is filed against the sections, the
sections, unless rejected at the referendum, take effect at the earliest time
permitted by law.
Section 6.
The amendments of this
act to divisions (F)(3) and (4) of section 6111.04 of the Revised
Code are not operative until the date on which the United States
Environmental Protection Agency approves the NPDES program
submitted by the Director of Agriculture under section 903.08 of
the Revised Code as enacted by this act. Until that time, the
Director of Environmental Protection shall continue to administer
that section as it existed immediately prior to the effective date
of this act. The exclusions established in divisions (B)(2) and
(3) of section 6111.44 of the Revised Code, as amended by this
act, shall not apply to animal waste treatment or disposal works
having a controlled direct discharge to the waters of the state
until the date on which the Director of Agriculture finalizes the
program required under section 903.02 of the Revised Code as
enacted by this act. The exclusions established in divisions
(B)(2) and (3) of section 6111.44 of the Revised Code, as amended
by this act, also do not apply to the construction or installation
of disposal systems, as defined in section 6111.01 of the Revised
Code, that are located at an animal feeding facility and that
store, treat, or discharge wastewaters that do not include storm
water or manure or that discharge to a publicly owned treatment
works.
As used in this section, "animal feeding facility" and "manure"
have the meanings established in section 903.01 of the Revised
Code, as enacted by this act.
Section 7.
Section 1511.021 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 182 and Am. Sub. S.B. 226 of the 120th General Assembly, with
the new language of
neither of the acts shown in capital letters. Section 1511.07 of the Revised
Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 73 and Am. Sub. S.B. 226 of the 120th General Assembly, with the
new language of
neither of the acts shown in capital letters.
Section 6111.04 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 197 and S.B. 198 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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