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H. B. No. 363 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Okey, Newcomb
Cosponsors:
Representatives Evans, Adams, J., Harwood, Yuko
A BILL
To amend sections 903.01, 903.02, 903.03, 903.04,
903.05, 903.06, 903.07, 903.08, 903.081, 903.082,
903.09, 903.10, 903.15, 903.16, 903.17, and
6111.03 of the Revised Code to revise the
Concentrated Animal Feeding Facilities Law, to
specify that certain provisions amended by this
act do not become operative until the
Administrator of the United States Environmental
Protection Agency approves the National Pollutant
Discharge Elimination System program submitted by
the Director of Agriculture, and to
declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 903.01, 903.02, 903.03, 903.04,
903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10,
903.15, 903.16, 903.17, and 6111.03 of the Revised Code be amended
to read as follows:
Sec. 903.01. As used in this chapter:
(A) "Agricultural animal" means any
animal generally used
for
food or in the production of food,
including cattle, sheep,
goats,
rabbits, poultry, and swine;
horses; alpacas; llamas; and any
other animal
included by the director of agriculture by
rule.
"Agricultural
animal" does not include fish or other aquatic
animals regardless
of whether they are raised at fish hatcheries,
fish farms, or
other facilities that raise aquatic animals.
(B) "Animal feeding facility" means a lot, building, or
structure
where both of the following
conditions are met:
(1) Agricultural animals have been, are, or
will
be stabled
or confined and fed or maintained there for a
total of
forty-five
days or more in any twelve-month period.
(2) Crops, vegetative forage growth, or post-harvest
residues
are not sustained in the normal growing season over any
portion of
the lot,
building, or structure.
"Animal feeding facility" also includes land that is owned or
leased by or otherwise is under the control of the owner or
operator of the lot, building, or structure
and on which manure
originating from agricultural animals in the lot, building, or
structure or a production area is or may be applied.
Two or more animal feeding facilities under common ownership
shall be considered to be a single
animal feeding facility for the
purposes of this chapter if they adjoin each
other or if they use
a common
area or system for the disposal of manure.
(C) "Best management practices" means best management
practices
established in rules. Animal feeding operation" has the
same meaning as "animal feeding facility."
(D) "Cattle" includes, but is not limited to, heifers,
steers, bulls, and cow and calf pairs.
(E) "Concentrated animal feeding facility" means an
animal
feeding facility with a total design capacity equal to or more
than the number of animals specified in any of the categories in
division (M) of this section.
(F) "Concentrated animal feeding operation" means an animal
feeding facility that complies with one of the following:
(1) Has a total design capacity equal to or more than the
number of animals specified in any of the categories in division
(M) of this section;
(2) Satisfies the criteria in division (M), (Q), or (EE)(FF)
of
this section;
(3) Is designated by the director of agriculture as a medium
or small concentrated animal feeding operation pursuant to rules.
(G) "Discharge" means to add from a point source to waters
of
the
state.
(H) "Federal Water Pollution
Control Act" means the
"Federal
Water Pollution Control
Act Amendments of 1972," 86 Stat. 816, 33
U.S.C.
1251 et. seq., as amended, and regulations adopted under
it.
(I) "Finalized," with respect to the programs required under
division (A)(1) of section 903.02 and division (A)(1) of
section
903.03 of the Revised Code, means that all rules that are
necessary for the administration of
this
chapter have been adopted
and all employees of the
department of agriculture that are
necessary for the administration of
this chapter have been
employed.
(J) "General permit" has the meaning that is established in
rules.
(K) "Individual permit" has the meaning that is established
in
rules.
(L) "Installation permit" means a permit for the
installation
or
modification of a disposal system or any part of a
disposal
system issued by
the director of
environmental protection
under
division (J)(1) of section 6111.03
of the Revised Code.
(M) "Large concentrated animal feeding operation" means an
animal feeding facility that stables or confines at least the
number of animals specified in any of the following categories:
(1) Seven hundred mature dairy cattle whether milked or dry;
(2) One thousand veal calves;
(3) One thousand cattle other than mature dairy cattle or
veal calves;
(4) Two thousand five hundred swine that each weigh
fifty-five pounds or more;
(5) Ten thousand swine that each weigh less than fifty-five
pounds;
(7) Ten thousand sheep or lambs;
(8) Fifty-five thousand turkeys;
(9) Thirty thousand laying hens or broilers if the animal
feeding facility uses a liquid manure handling system;
(10) One hundred twenty-five thousand chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(11) Eighty-two thousand laying hens if the animal feeding
facility uses a manure handling system that is not a liquid manure
handling system;
(12) Thirty thousand ducks if the animal feeding facility
uses a manure handling system that is not a liquid manure handling
system;
(13) Five thousand ducks if the animal feeding facility uses
a liquid manure handling system.
(N) "Major concentrated animal feeding facility" means a
concentrated animal feeding facility with a total design capacity
of more
than ten times the number of animals specified in any of
the categories in division (M) of this section.
(O) "Manure" means any of the following wastes used in or
resulting from the
production of agricultural animals or direct
agricultural products
such as milk or eggs: animal excreta,
discarded
products, bedding, process waste water, process
generated waste water, waste
feed, silage drainage, and
compost
products resulting from mortality composting or the
composting of
animal excreta.
(P) "Manure storage or treatment facility" means
any
excavated, diked, or walled structure or combination of
structures
designed for the biological stabilization, holding,
or storage of
manure.
(Q) "Medium concentrated animal feeding operation" means an
animal feeding facility that satisfies both of the following:
(1) The facility stables or confines the number of animals
specified in any of the following categories:
(a) Two hundred to six hundred ninety-nine mature dairy
cattle whether milked or dry;
(b) Three hundred to nine hundred ninety-nine veal calves;
(c) Three hundred to nine hundred ninety-nine cattle other
than mature dairy cattle or veal calves;
(d) Seven hundred fifty to two thousand four hundred
ninety-nine swine that each weigh fifty-five pounds or more;
(e) Three thousand to nine thousand nine hundred ninety-nine
swine that each weigh less than fifty-five pounds;
(f) One hundred fifty to four hundred ninety-nine horses;
(g) Three thousand to nine thousand nine hundred ninety-nine
sheep or lambs;
(h) Sixteen thousand five hundred to fifty-four thousand nine
hundred ninety-nine turkeys;
(i) Nine thousand to twenty-nine thousand nine hundred
ninety-nine laying hens or broilers if the animal feeding facility
uses a liquid manure handling system;
(j) Thirty-seven thousand five hundred to one hundred
twenty-four thousand nine hundred ninety-nine chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(k) Twenty-five thousand to eighty-one thousand nine hundred
ninety-nine laying hens if the animal feeding facility uses a
manure handling system that is not a liquid manure handling
system;
(l) Ten thousand to twenty-nine thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a manure
handling system that is not a liquid manure handling system;
(m) One thousand five hundred to four thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a liquid
manure handling system.
(2) The facility does one of the following:
(a) Discharges pollutants into waters of the United States
through a ditch constructed by humans, a flushing system
constructed by humans, or another similar device constructed by
humans;
(b) Discharges pollutants directly into waters of the United
States that originate outside of and that pass over, across, or
through the facility or otherwise come into direct contact with
the animals at the facility.
"Medium concentrated animal feeding operation" includes an
animal feeding facility that is designated by the director as a
medium concentrated animal feeding operation pursuant to rules.
(R) "Mortality composting" means the controlled
decomposition
of organic solid material consisting of dead
animals
that
stabilizes the organic fraction of the
material.
(S) "NPDES permit" means a permit issued under the
national
pollutant discharge elimination system established in section 402
of
the Federal Water Pollution Control
Act and includes the
renewal of such a permit.
"NPDES permit" includes the federally
enforceable provisions of a
permit to operate into which
NPDES
permit provisions have been incorporated.
(T) "Permit" includes an initial, renewed, or modified
permit
to
install, permit to operate, NPDES permit, and
installation
permit
unless expressly stated otherwise.
(U) "Permit to install" means a permit issued under
section
903.02 of the Revised Code.
(V) "Permit to operate" means a permit issued or renewed
under
section 903.03 of the Revised Code and includes incorporated
NPDES
permit provisions, if applicable.
(W) "Person" means any legal entity defined as a person
under
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.
(X) "Point source" has the
same meaning as in the Federal
Water Pollution
Control Act.
(Y) "Pollutant" means dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive
materials except those regulated under the "Atomic Energy Act of
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or
discarded equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste, including manure, discharged
into water.
"Pollutant" does not include either of the following:
(2) Water, gas, or other material that is injected into a
well to facilitate production of oil or gas, or water derived in
association with oil and gas production and disposed of in a well,
if the well that is used either to facilitate production or for
disposal purposes is approved by the state and if the state
determines that the injection or disposal will not result in the
degradation of ground or surface water resources.
(Z) "Process generated waste water" means water that is
directly
or
indirectly used in the operation of an animal feeding
facility for any
of the
following:
(1) Spillage or overflow from animal watering
systems;
(2) Washing, cleaning, or flushing pens, barns, manure pits,
or
other areas of an animal feeding facility;
(3) Direct contact swimming, washing, or spray cooling of
animals;
(Z)(AA) "Process waste water" means any process generated
waste
water and any precipitation, including rain or snow, that
comes
into contact
with manure, litter,
bedding, or any other raw
material or intermediate or final
material or product used in or
resulting from the production of
animals or direct products such
as milk or eggs.
(AA)(BB) "Production area" means any of the following
components
of an animal feeding facility:
(1) Animal confinement areas, including, but not limited to,
open lots, housed lots, feedlots, confinement houses, stall barns,
free stall barns, milkrooms, milking centers, cowyards, barnyards,
medication pens, animal walkways, and stables;
(2) Manure storage areas, including, but not limited to,
manure storage or treatment facilities;
(3) Raw material storage areas, including, but not limited
to, feed silos, silage bunkers, commodity buildings, and bedding
materials;
(4) Waste containment areas, including, but not limited to,
any of the following:
(a) An egg washing or egg processing facility;
(b) An area used in the storage, handling, treatment, or
disposal of mortalities;
(c) Settling basins, runoff ponds, liquid impoundments, and
areas within berms and diversions that are designed and maintained
to separate uncontaminated storm water runoff from contaminated
water and to contain and treat contaminated storm water runoff.
(BB)(CC) "Public meeting" means a nonadversarial public
hearing
at
which a person may present written or oral statements
for the
director of agriculture's consideration and includes
public
hearings held under section 6111.12 of the Revised Code.
(CC)(DD) "Review compliance certificate" means a certificate
issued
under section 903.04 of the Revised Code.
(DD)(EE) "Rule" means a rule adopted under section 903.10 of
the
Revised Code.
(EE)(FF) "Small concentrated animal feeding operation" means
an
animal feeding facility that is not a large or medium
concentrated
animal feeding operation and that is designated by
the director as
a small concentrated animal feeding operation
pursuant to rules.
(FF)(GG) "Waters of the state" has the same meaning as in
section
6111.01 of the Revised Code.
Sec. 903.02. (A)(1) Not later than one hundred eighty days
after
March 15, 2001, the director of
agriculture shall prepare a
program for the issuance of permits to
install under this section.
(2) On and after the
date on which the director has
finalized
the program required under division
(A)(1) of this
section, no
person shall modify an
existing or construct a new
concentrated
animal feeding
facility without first obtaining a
permit to
install issued by the director
under this section.
(B) The director or
the director's authorized representative
may help an applicant for a permit
to install during the
permitting process by providing guidance and
technical assistance.
(C) An applicant for
a permit to install shall submit an
application to the director on a form
that the director prescribes
and provides together with a fee
in an amount established by rule.
The applicant shall include
with the application all of the
following information:
(1) The name and address of the applicant, of all
partners
if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers
and directors
if
the applicant is a corporation, and of any
other person who has
a
right to control or in fact controls
management of the applicant
or the selection of officers,
directors, or managers of the
applicant;. As used in division (C)(1) of this section, "control"
means the power, directly or indirectly, to direct the management
and policies of the applicant through the ownership of voting
securities, by contract, through a right of approval or
disapproval, or otherwise unless the power is held by a chartered
lending institution as a result of debt liability.
(2) The type of livestock and the number of animals
that the
concentrated animal feeding facility would have the
design
capacity to raise
or maintain;
(3) Designs and plans for the proposed
construction of the
concentrated animal feeding facility that include the
proposed
location of the construction, design
and construction plans and
specifications,
anticipated beginning and ending dates for work
performed, and
any other information that the director requires by
rule;
(4) In the case of an application for a concentrated animal
feeding
facility that meets the criteria established in sections
307.204 and 505.266
of the
Revised
Code, written statements from
the
board of county commissioners of the county and the board of
township trustees of the township in which the concentrated animal
feeding
facility would be located certifying that, in accordance
with those sections,
the
applicant has provided the boards with
the required written notification and
that final recommendations
were selected regarding improvements, if any, to
county or
township infrastructure that are needed as a result of the new or
expanded concentrated animal feeding facility and the costs of
those
improvements;
(5) A statement of the quantity of
water that the
concentrated animal feeding facility will utilize on an
average
daily and
annual basis, a detailed description of the basis for
the
calculation utilized in determining the quantity of water
utilized, and a statement identifying the source for the water;
(6) Information concerning the applicant's past compliance
with
the
Federal
Water
Pollution
Control Act laws pertaining to
environmental protection that is required
to be
provided under
section 903.05 of the Revised Code, if
applicable;
(7) Any other information required by rule.
Information required to be included in an application for the
modification of a permit to install, together with the applicable
fee amount,
shall be established in rules.
(D) The director shall issue permits to install in
accordance
with section 903.09 of the Revised Code. The director
shall deny a
permit to install if
either of the following applies:
(1) The permit application contains
misleading or false
information.
(2) The designs and plans fail to conform to best management
practices.
Additional grounds for the denial of a permit to install
shall be those
established in this chapter and rules.
(E) A permit to install shall expire after a period
specified
by
the director unless the applicant has undertaken a
continuing
program of
construction or has entered into a binding
contractual
obligation to undertake and complete a continuing
program of
construction within a reasonable time. The director
may extend the
expiration date of a permit to install upon request
of the
applicant.
(F) The director may modify, suspend, or revoke a permit to
install in accordance with rules.
(G) Nothing in this chapter affects section 1521.16 of the
Revised Code.
(H) The owner or operator of a concentrated animal feeding
facility who proposes to make a major operational change at the
facility shall submit an application for approval of the change to
the director in accordance with rules.
Sec. 903.03. (A)(1) Not later than one hundred eighty days
after
the effective date of this section
March 15, 2001, the
director of
agriculture shall prepare
a program for the issuance
of permits to
operate under this section.
(2) Except for a concentrated animal feeding facility that
is
operating under an installation permit or a review compliance
certificate, on and after the date on which the director has
finalized the
program required under division (A)(1) of this
section, no person
shall own or operate a concentrated animal
feeding
facility
without a permit to operate issued by the
director under
this section.
(B) The director or the director's authorized
representative
may
help an applicant for a permit to operate during the
permitting process
by providing guidance and technical assistance.
(C) An applicant for a permit to operate shall submit a fee
in an
amount established
by rule together with, except as
otherwise provided in division
(E) of this section, an
application
to the director on a form that the director prescribes and
provides. The applicant shall include with the application all of
the
following information:
(1) The name and address of the applicant, of all partners
if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers and directors if
the
applicant is a corporation, and of any other person who has a
right to
control or in fact controls management of the applicant
or the
selection of officers, directors, or managers of the
applicant;. As used in division (C)(1) of this section, "control"
has the same meaning as in division (C)(1) of section 903.02 of
the Revised Code.
(2) Information concerning the applicant's past compliance
with
the Federal Water Pollution Control
Act laws pertaining to
environmental protection that is required to
be provided under
section 903.05 of the Revised Code, if
applicable;
(3) A manure management plan for the concentrated animal
feeding
facility that conforms to best management practices
regarding the
handling, storage, transportation, and land
application of manure
generated at the facility and that contains
any other information
required by rule;
(4) An insect and rodent control plan for the concentrated
animal feeding facility that conforms to best management practices
and is
prepared in accordance with section 903.06 of the Revised
Code;
(5) In the case of an application for a major concentrated
animal feeding facility, written proof that the person who would
be
responsible for the supervision of the management and handling
of manure
at the facility has been issued a livestock manager
certification
in accordance with section 903.07 of the Revised
Code or will
obtain a livestock manager certification prior to
applying any manure
to land.
(D) The director shall issue permits to operate in
accordance
with section 903.09 of the Revised Code. The director
shall
deny
a
permit to operate if either of the following applies:
(1) The permit application contains misleading or false
information;
(2) The manure management plan or insect and rodent control
plan
fails to conform to best management practices.
Additional grounds for the denial of a permit to operate
shall be
those established in this chapter and in rules.
(E) The director shall issue general
permits to operate for
categories of concentrated animal feeding facilities
that will
apply in lieu of individual permits to operate, provided that each
category of facilities meets all
of the criteria established in
rules for general permits to
operate. A person who is required
to
obtain a permit to operate shall submit to the director a
notice
of the person's intent to be covered under an existing general
permit
or, at the person's option, shall submit an application for
an
individual permit to operate. Upon receipt of a notice of
intent
to be covered under an existing general permit, the
director shall notify the
applicant in writing that the person is
covered by the general permit if the person satisfies the criteria
established in rules for eligibility for such coverage. If the
person is
ineligible for coverage under the general permit, the
director shall
require the submission of an application for an
individual permit
to operate.
(F) A permit to operate shall be valid for a period of five
years.
(G) A permit to operate may be renewed. An application for
renewal of a permit to operate shall be submitted to the director
at least one
hundred eighty days prior to the expiration date of
the permit to operate and shall comply with the requirements
governing applications for permits to operate that are established
under this section and by rules, including requirements pertaining
to public
notice and participation.
(H) The director may modify, suspend, or revoke a permit
to
operate in accordance with rules.
(I) The owner or operator of a concentrated animal feeding
facility who proposes to make a major operational change at the
facility shall submit an application for approval of the change to
the director in accordance with rules.
Sec. 903.04. (A) As used in this section, "existing
concentrated animal feeding facility" or "existing facility" means
a
concentrated animal feeding facility that was in
existence prior
to the date on which the director of agriculture
has finalized the
program required under division (A)(1) of
section 903.03 of the
Revised Code and that has received an
installation permit
prior to
that date.
(B) On and after the date on which the director of
agriculture
has finalized the program required under division
(A)(1) of
section 903.02 of the Revised Code,
the authority to
enforce terms and conditions of installation
permits that
previously were issued to animal feeding facilities shall be
transferred from
the director of environmental protection to the
director of
agriculture. Thereafter, the director of
environmental
protection
shall have no authority to enforce the
terms and
conditions of
those installation permits. On and after
the date on
which the director of
agriculture has finalized the
program
required under division (A)(1) of section 903.02 of the
Revised
Code, an
installation permit
concerning which enforcement
authority has been transferred shall
be deemed to have been issued
under this section.
(C) A person to whom an installation permit has been
issued
by
the director of environmental protection prior to the date on
which the
director of agriculture has finalized the program
required
under division (A)(1) of section 903.03 of the Revised
Code may
continue to operate under that permit until either of the
following
occurs:
(1) The installation permit is terminated through the denial
of
a review compliance certificate under division (F) of this
section.
(2) The person is required under division (H) of this
section
to
obtain a permit to operate.
(D) Except as otherwise provided in this division, on and
after
the date that is two years after the date on which the
director has
finalized the program required under division (A)(1)
of
section 903.03 of the Revised Code, and until the issuance of a
permit to operate, no person shall own or operate an existing
concentrated animal
feeding facility unless the person holds a
review
compliance certificate.
This division does not apply to a person who has made a
timely
submittal of the information required under division (E)(2)
of this
section and who is waiting for the director to issue or
deny a review
compliance certificate. Such a person may continue
the operation of the existing concentrated animal feeding
facility
until, if applicable, the director issues an order
denying the
review compliance certificate.
(E) Not later than two years after the date on which the
director has finalized the program required under division (A)(1)
of section 903.03 of the Revised Code, both of the following
apply:
(1) The director shall review the installation permit that
previously was
issued to an existing concentrated animal feeding
facility and shall inspect
the facility to determine if it is in
compliance with that permit.
(2) Except as otherwise provided in division (E)(2) of this
section, the owner or operator of an existing concentrated animal
feeding
facility shall furnish all of
the following to the
director on a form prescribed
by the director:
(a) The name and address of the owner, of all partners if
the
owner is a partnership, of all members if the owner is a limited
liability company, or of all officers and directors if the
owner
is a
corporation, and of any other person who
has a right to
control or in fact controls management of the
facility or the
selection of officers, directors, or managers of
the facility;. As
used in division (E)(2)(a) of this section, "control" has the same
meaning as in division (C)(1) of section 903.02 of the Revised
Code.
(b) The type of livestock and number of animals that
the
facility has the design capacity to raise or maintain;
(c) A manure management plan for the facility that
conforms
to
best management practices regarding the handling, storage,
transportation, and
land application of manure generated
at the
facility and that contains any other information required by
rule.
However, if a manure management plan submitted under division
(E)(2)(c) of this section does not conform with best management
practices regarding the handling, storage, transportation, and
land application of manure generated at the facility, the director
nevertheless shall deem the plan to conform with best management
practices if the owner or operator does all of the following:
(i) Performs a phosphorous index risk assessment procedure or
a phosphorous soil test risk assessment procedure in accordance
with rules;
(ii) Demonstrates that the facility cannot comply with best
management practices before the date on which the review
compliance certificate is to be issued;
(iii) Includes in the manure management plan an
implementation plan under which the facility will comply with best
management practices on or before December 31, 2006.
(d) An insect and rodent control plan for the facility
that
conforms to best management practices and is prepared
in
accordance with section 903.06 of the Revised Code;
(e) In the case of a major concentrated animal feeding
facility,
written proof that the person who would be responsible
for the supervision of
the management and handling of manure
at
the facility has been issued a livestock manager certification
in
accordance with section 903.07 of the Revised Code.
The owner or operator need not furnish any information
otherwise
required under division (E)(2) of this section if that
information
is included in the installation permit that was issued
for the existing
facility.
(F) After a review of the existing installation permit, an
inspection of the facility, and a review of the information
furnished
under division (E)(2) of this section, and upon
determining
that the existing facility is being operated in a
manner that protects the
waters of the
state and minimizes the
presence and negative effects of insects and rodents
at the
facility and in surrounding areas, the director shall issue an
order issuing a
review compliance certificate to the facility. In
issuing the
certificate, the director shall consider technical
feasibility and
economic costs. The director shall not require a
significant
capital expenditure, as defined by rule, by the
facility before
issuing a certificate.
The director may issue an order denying a review compliance
certificate if
the facility's insect and rodent control plan or
manure management plan does
not conform to best management
practices and the requirements established
in section 903.06 of
the Revised Code and in rules. The denial of a review
compliance
certificate terminates the existing installation permit
that was
issued to the facility.
The issuance of a review compliance certificate shall not
require
public notice or a public meeting. However, notice shall
be
provided to persons who own property that is contiguous to the
production area of the
concentrated animal feeding facility for
which the review
compliance
certificate is to be issued. Such
persons may submit
written comments
to the director within a time
established by the
director.
The issuance of a review compliance certificate shall not be
subject to
appeal under Chapter 119. or sections 3745.04 to
3745.06 of the Revised Code. The
denial or revocation of a review
compliance certificate or the amendment of an
installation permit
resulting from a certificate may be challenged by the
applicant in
an administrative hearing in accordance with Chapter
119. of the
Revised Code, except that
section 119.12 of the Revised Code does
not apply. An order
of the director that
denies or revokes a
certificate or amends an installation permit
as a result of a
certificate may be appealed to the environmental
review appeals
commission under sections 3745.04 to 3745.06 of the
Revised Code.
(G) Upon the issuance of a review compliance certificate,
the
certificate automatically shall merge and become a part of the
previously
issued installation permit. If any of the
terms and
conditions of the installation permit and the review
compliance
certificate are in conflict, the terms and conditions
of the
review compliance certificate are controlling.
(H)(1) A review compliance certificate is valid for a period
of
five years. Not later than one hundred eighty days prior to
the
expiration
date of the review compliance certificate, the
owner or
operator shall
apply for a permit to operate.
(2) The director may revoke a review compliance certificate
issued to an existing facility after the director has issued an
order as a
result of a
hearing held under Chapter 119. of the
Revised Code
in which the
facility has been found to be in
violation of the terms and
conditions of the review compliance
certificate. An existing
facility whose review compliance
certificate is revoked shall obtain a permit
to operate and, if
applicable, a NPDES permit in order to resume
operating.
(I) An existing facility that is issued a review compliance
certificate shall comply with the previously issued installation
permit, as
amended by the certificate.
Sec. 903.05. (A) Each application for a permit to install
or
permit to operate a concentrated animal feeding facility that is
submitted by an
applicant who has not owned or
operated a
concentrated animal feeding facility in this state for
at least
two of the five years immediately preceding the
submission of the
application
shall be accompanied by
all of the
following:
(1) A listing of all animal feeding facilities
that
the owner
or operator of the proposed new or modified
concentrated animal
feeding facility applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code owns, has owned,
has operated, or is operating
in
this state;
(2) A listing of the animal feeding facilities
that the owner
or operator applicant or any person identified by the applicant
under division (C)(1) of section 903.02 or 903.03 of the Revised
Code owns, has owned, has operated, or is operating elsewhere
in
the United
States and that are regulated under the Federal
Water
Pollution Control Act together with
a listing of the
animal
feeding facilities that the owner or operator applicant or any
such person owns, has owned,
has operated,
or is operating outside
the United States;
(3) A listing of all administrative enforcement
orders
issued
to the owner or operator applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code, all civil
actions in which the
owner or operator
applicant or any such person was determined by the trier of fact
to
be liable
in damages or was the subject of injunctive relief or
another type
of civil relief, and all criminal actions in which
the owner or
operator applicant or any such person
pleaded guilty
or was convicted, during
the five years
immediately preceding the
submission of the
application,
in
connection with any violation of
the federal Federal Water Pollution
Control
Act, the "Safe
Drinking Water Act," as defined
in section
6109.01 of the Revised
Code, or any other
applicable
state laws
pertaining to
environmental protection
that was alleged to
have
occurred or to
be occurring at any animal
feeding
facility that the owner or
operator applicant or any such person owns, has owned, has
operated, or is operating
in the United States or with any
violation of the
environmental
laws of another country that was
alleged to have occurred or to
be
occurring at any
animal feeding
facility that the
owner or operator applicant or any such person
owns, has owned, has operated,
or is operating outside
the United
States.
The lists of animal feeding facilities owned or operated
by
the owner or operator applicant or any person identified by the
applicant under division (C)(1) of section 903.02 or 903.03 of the
Revised Code within or outside this state or outside
the
United
States shall include,
respectively, all such
facilities owned or
operated by the owner or operator applicant or any such person
during the five-year period
immediately preceding the submission
of the application.
(B) If the applicant for
a permit to install or permit to
operate or any person identified by the applicant under division
(C)(1) of section 903.02 or 903.03 of the Revised Code has been
involved in any prior activity involving the
operation of an
animal feeding facility, the director
of
agriculture may
deny the
application if the director finds from
the
application, the
information submitted under divisions (A)(1)
to (3)
of this
section, pertinent information
submitted to the
director, and
other pertinent information
obtained by the director
at the
director's discretion that the
applicant and persons
associated
with the applicant any such person, in the
operation of
animal
feeding facilities, have
a history of substantial
noncompliance
with the Federal
Water Pollution Control Act, the
"Safe
Drinking
Water Act," as defined
in section 6109.01 of the
Revised Code, any
other
applicable
state laws pertaining to
environmental
protection,
or the environmental laws of another
country that
indicates that the applicant or any such person
lacks sufficient
reliability, expertise, and competence to operate the
proposed new
or modified concentrated animal feeding facility in
substantial
compliance with this chapter and rules adopted under it.
(C) A person who seeks to acquire or operate a concentrated
animal
feeding
facility that has been issued an installation
permit
that
has been transferred from the director of
environmental
protection
to the director of agriculture, a permit
to install, or
a permit
to operate
shall submit to
the director
the information specified
in divisions (A)(1) to (3) of
this
section prior to the transfer
of the permit. The permit shall not
be
transferred as otherwise
provided in
division (I) of section
903.09 of the Revised Code if
the
director finds from the
information submitted under divisions
(A)(1) to (3) of this
section, pertinent information submitted to
the director, and
other pertinent information obtained by the
director at the
director's discretion that the person, in
the
operation of animal
feeding facilities, has a
history
of substantial noncompliance
with the
Federal Water Pollution
Control
Act, the "Safe
Drinking
Water Act," as defined
in section
6109.01 of the Revised Code, any
other
applicable state laws
pertaining to environmental
protection, or the
environmental laws
of another country that
indicates that the person lacks
sufficient
reliability, expertise,
and
competence to operate the concentrated
animal
feeding facility
in substantial compliance with this
chapter and rules
adopted
under it.
(D) An owner or operator of a concentrated animal feeding
facility that has been issued an installation permit that has been
transferred from the director of environmental protection to the
director of agriculture, a permit to install, or a permit to
operate shall submit to the director notice of any proposed change
in the persons identified to the director under division (C)(1) of
section 903.02 or 903.03 of the Revised Code, as applicable. The
director may deny approval of the proposed change if the director
finds from the information submitted under divisions (A)(1) to (3)
of this section, pertinent information submitted to the director,
and other pertinent information obtained by the director at the
director's discretion that the proposed person, in the operation
of animal feeding facilities, has a history of substantial
noncompliance with the Federal Water Pollution Control Act, the
"Safe Drinking Water Act," as defined in section 6109.01 of the
Revised Code, any other applicable state laws pertaining to
environmental protection, or the environmental laws of another
country that indicates that the person lacks sufficient
reliability, expertise, and competence to operate the concentrated
animal feeding facility in substantial compliance with this
chapter and rules adopted under it.
Sec. 903.06. (A) As used in this section,
"plan" means an
insect and rodent control plan
prepared under this section.
(B) An owner or operator of a
concentrated animal feeding
facility shall prepare and submit
to the director of agriculture
in accordance with rules
an insect and rodent
control plan
designed to minimize the presence and negative
effects of insects
and rodents at the concentrated animal feeding
facility and in
surrounding areas, including
land on which manure is stored or
applied. The plan shall conform to best
management practices
established in rules. The director shall
approve or deny the plan
within the time period established in rules by the
director
and
may
require modification of the plan at that time or a later time
in
accordance with rules.
(C) On and after the date that is
established in rules by
the
director, no person shall own or
operate a concentrated animal
feeding facility unless an insect
and rodent control plan for the
facility has been approved by the director.
The owner or operator
of a concentrated animal feeding facility shall not
violate the
facility's insect and rodent control plan.
(D) The director shall enforce an
insect and rodent control
plan in accordance with rules
and shall assess a civil
penalty in
accordance with rules and section 903.16 of the
Revised
Code
against an owner
or operator of a concentrated animal feeding
facility who owns or operates
it without a plan approved by the
director
or who violates the facility's
plan.
Sec. 903.07. (A) On and after the date that is
established
in rules by the director of agriculture, both of the following
apply:
(1) The
management and handling of manure at a major
concentrated animal feeding
facility, including the land
application of manure or the removal of manure from
a manure
storage or treatment facility, shall be conducted only by or under
the supervision of
a person holding a livestock manager
certification issued under this section. A person managing or
handling manure
who is acting
under the instructions and control
of a person holding a
livestock manager certification is
considered to be under the
supervision of the certificate holder
if the certificate holder
is responsible for the actions of the
person and is available
when needed even though the certificate
holder is not
physically present at the time of the manure
management or
handling.
(2) No person shall transport and land apply annually or buy,
sell, or land apply
annually the
volume of manure established in
rules adopted by the director
under division (E)(5) of section
903.10 of the
Revised Code unless
the person holds
a livestock
manager certification issued under
this
section.
(B) The director shall issue a livestock manager
certification to a person who has submitted a complete application
for
certification on a form prescribed and provided by the
director,
together with the appropriate application fee, and who
has completed successfully the required training and has passed
the required examination. The director may suspend or revoke a
livestock
manager certification and
may reinstate a suspended or
revoked livestock manager certification in
accordance with rules.
(C) Information required
to be included in an application
for
a livestock manager certification, the
amount of the
application
fee,
and requirements regarding training and the
examination,
requirements governing the management and handling of manure,
including the land application of manure, and requirements
governing the keeping of records regarding the handling of manure,
including the land application of manure, shall be
established in
rules.
Sec. 903.08.
(A)(1) The director of agriculture is
authorized to participate
in the national pollutant discharge
elimination system in accordance with
the Federal Water Pollution
Control
Act. Not later than
one hundred eighty days after
March
15, 2001, the
director shall prepare a state
program in accordance
with 40
C.F.R. 123.21 for point sources that
are subject to
this
section and shall submit the program to the
United
States
environmental protection agency for approval.
(2) On and after the date on which the United States
environmental
protection agency approves the state program
submitted under division
(A)(1) of this section, the authority to
enforce terms and
conditions of NPDES permits previously issued
under division
(J)
of section 6111.03 or under section 6111.035 of
the Revised
Code for the discharging, transporting, or handling of
storm water
from an animal feeding facility or of manure
pollutants from concentrated animal feeding
operations is
transferred from
the director of environmental
protection to the
director of
agriculture. Thereafter, the
director of
environmental protection
shall have no authority to
enforce the
terms and conditions of
those NPDES permits. After the
transfer
of authority under
division (A)(2) of this section, the
NPDES
permits concerning which authority has been transferred
shall be
considered to
have been issued under
this section.
(B)(1) On and after the date on which the
United States
environmental protection agency approves the
NPDES program
submitted by the director of agriculture under this
section, no
person shall discharge manure pollutants from a point
source
concentrated animal feeding operation into waters of
the state
without first obtaining a NPDES permit issued by the director of
agriculture under this section. Any person that is required by the
Federal Water Pollution Control Act to obtain a permit for the
discharge of manure pollutants from a concentrated animal feeding
operation shall apply to the director for an individual NPDES
permit or for coverage under a general
NPDES
permit. The director
is authorized to issue, revoke, modify, or deny such an individual
permit or issue, revoke, or deny coverage under a general permit
in compliance with all requirements of the Federal Water Pollution
Control Act. Violation of
division
(B)(1) of this section is
hereby declared to be a public
nuisance
for purposes of state
enforcement of this section.
(2) Persons that have been issued a permit by the director
of
environmental protection under division (J) of section 6111.03
of
the Revised Code for the discharge of manure pollutants from a
concentrated animal feeding operation into the waters of the state
prior to the
date
on which the United States environmental
protection agency
approves the NPDES program submitted by the
director of
agriculture
under this section may continue to
operate
under that
permit until it expires or is
modified or revoked. Such
a permit
shall be enforced by the
director of agriculture upon the
transfer
of authority to enforce
the terms and conditions of the
permit
under division (A)(2) of
this section.
(C)(1) On and after the date on which the United
States
environmental protection agency approves the NPDES
program
submitted by the director of agriculture under this section, no
person
shall discharge storm water resulting from an animal
feeding facility without
first obtaining a
NPDES permit issued by
the director of
agriculture in accordance with rules when such a
permit is required by the
Federal Water
Pollution
Control Act.
Violation of division
(C)(1) of this section is hereby declared to
be a public nuisance
for purposes of state enforcement of this
section.
(2) Persons that have been issued a NPDES permit by the
director of
environmental protection under Chapter 6111. of the
Revised
Code
for the discharge of storm water from an animal
feeding
facility prior to the date on which the
United States
environmental protection agency approves the NPDES program
submitted by the director of agriculture under this section may
continue
to operate under that permit until it expires or is
modified or revoked. Such a permit shall be enforced by the
director of agriculture upon the transfer of authority to enforce
the terms and conditions of the permit under division (A)(2) of
this section.
(D) In accordance with rules, an applicant for a NPDES
permit
issued under this section shall submit a fee in an amount
established by rule together with, except as otherwise provided in
division (F) of this section, an application for the
permit to the
director of agriculture on a form prescribed by the
director. The
application
shall include any information required by rule. The
director or the
director's authorized representative may
help an
applicant for a NPDES permit during the application
process by
providing guidance and technical assistance.
(E) The director of agriculture shall issue
NPDES permits in
accordance with this section
and section 903.09 of the Revised
Code. The director shall deny an application for a
NPDES permit
if
any of the following applies:
(1) The application contains misleading or false
information.
(2) The administrator of the United States environmental
protection agency objects in writing to the issuance of the NPDES
permit in accordance with section 402(d) of the
Federal
Water
Pollution Control Act.
(3) The director determines that the proposed
discharge or
source would conflict with an areawide waste treatment
management
plan adopted in accordance with section 208 of the
Federal
Water
Pollution Control Act.
Additional grounds for the denial of a NPDES permit shall be
those established in this chapter and rules.
(F) To the extent consistent with the Federal
Water
Pollution
Control Act, the director
of agriculture shall issue
general
NPDES
permits that will apply in lieu of individual
NPDES
permits for
categories of point sources for which the
director
determines that
all of the following apply:
(1) Any discharges authorized by a general permit will have
only
minimal cumulative adverse effects on the environment when
the discharges
are considered collectively and individually.
(2) The discharges are more appropriately authorized by a
general
permit than by an individual permit.
(3) Each category of point sources satisfies the criteria
established in rules.
A person who is required to obtain a NPDES permit shall
submit
to
the director a
notice of the person's intent to be
covered under an existing general
permit or, at the person's
option, an application for an
individual NPDES permit. Upon
receipt of a notice of intent for
coverage under an existing
general permit, the director shall notify the
applicant
in writing
that the person is covered by the
general permit if the person
satisfies the
criteria established in rules for eligibility for
such coverage. If the
person is ineligible for coverage under the
general permit, the director shall
require the
submission of an
application for an individual NPDES permit.
(G) The director of agriculture shall establish terms and
conditions of NPDES permits in accordance with rules. Terms and
conditions shall be designed to achieve and maintain full
compliance with
national effluent
limitations, national standards
of performance for new sources, the most
current water quality
standards adopted under section 6111.041 of the Revised Code, the
most
current antidegradation policy adopted under section 6111.12
of the Revised Code, and
other requirements of
the Federal Water
Pollution Control
Act. In establishing the terms and
conditions
of
a NPDES permit, the director, to the extent
consistent with
that
act, shall consider technical
feasibility and economic costs
and
shall allow a reasonable period
of time for coming into
compliance
with the permit.
(H) An animal feeding facility that is required to obtain
both
a NPDES permit and a permit to operate shall be issued a
single
permit to operate incorporating the terms and conditions
established by
both permits. The permit to operate expressly
shall
designate the terms
and conditions required under the NPDES
program as federally
enforceable. All other provisions are
enforceable under state law only and
expressly shall be designated
accordingly.
(I) A NPDES permit may be issued under this section
for a
period
not to exceed five years.
(J) A NPDES permit issued under this section may be
renewed.
An
application for renewal of a NPDES permit shall be submitted to
the director of agriculture at least one hundred eighty days prior
to the
expiration date of the
permit and shall comply with the
requirements
governing applications for NPDES permits established
under this
section and by rule.
(K)(1) No person shall make any false statement,
representation,
or
certification in an application for a NPDES
permit or
in any form, notice, or report required to be submitted
to the
director pursuant to
terms and conditions established in a
NPDES permit issued under
this section.
(2) No person shall render inaccurate any monitoring method
or
device that is required under the terms and conditions of a
NPDES
permit issued under this
section.
(L) The director may modify, suspend, or revoke a
NPDES
permit
issued under this section for cause as established by rule.
No
NPDES permit issued under this section shall be
modified,
suspended, or revoked without a written order stating the findings
that led to the modification, suspension, or revocation. In
addition, the
permittee has a
right to an administrative hearing
in accordance with Chapter 119.
of the Revised Code, except that
section 119.12 of the
Revised Code does not apply. Further, an
order of the
director modifying,
suspending, or revoking a NPDES
permit may be appealed to the
environmental review appeals
commission under sections 3745.04 to
3745.06 of the Revised Code.
(M)(1) No person shall violate any effluent limitation
established by rule.
(2) No person shall violate any other provision of a NPDES
permit
issued under this section.
(3) Compliance with a NPDES permit issued
under this section
constitutes compliance with this section.
(N) This section, including the state program authorized in
division (A)(1) of this section, shall be administered in a manner
consistent with the Federal
Water Pollution Control Act.
Sec. 903.081. (A) For purposes of section 903.08 of the
Revised Code, no person shall issue approve all or portions of a
NPDES permit if the person receives or has received during the two
years prior to the receipt of an application for a NPDES permit a
significant portion of income from any NPDES permittee or any
applicant for a NPDES permit. In addition, no person who, may
serve on a board or commission that approves all or portions of a
NPDES permit, including taking such action pursuant to an appeal
of
an action regarding a NPDES permit, has the authority to
require
or to order the director of agriculture to vacate or
modify a
NPDES permit shall require or order the director to
vacate or
modify a NPDES permit if the person receives or has
received
during the two years prior to serving on the board or
commission
or to the filing of the appeal a significant portion
of income
from any NPDES permittee or any applicant for a NPDES
permit.
(B) As used in this section:
(1) "Significant portion of income" means ten per cent or
more of gross personal income in a calendar year or fifty per cent
or more of gross personal income in a calendar year if the
recipient of the income is more than sixty years of age and is
receiving that portion of income under retirement benefits,
including a pension or similar arrangement.
(2) "Income" includes retirement benefits, consultant fees,
and stock dividends. "Income" does not include mutual fund
payments or other diversified investments for which the recipient
does not know the identity of the primary sources of the income.
(3) "Permittee" and "applicant for a NPDES permit" does not
include any department or agency of the state.
Sec. 903.082. (A) The director of agriculture may determine
that an animal feeding facility that is not a medium concentrated
animal feeding operation or small concentrated animal feeding
operation as defined in section 903.01 of the Revised Code
facility
nevertheless shall be required to be permitted as a
medium or
small concentrated animal feeding operation apply for
and receive a permit to operate when all of the
following apply:
(1) The director has received from the chief of the division
of soil and water resources in the department of
natural
resources a copy of an order issued under section 1511.02
of the
Revised Code that specifies that the animal feeding
facility has
caused agricultural pollution by failure to comply
with standards
established under that section and that the animal
feeding
facility therefore should be required to be permitted as a
medium
or small concentrated animal feeding operation facility.
(2) The director or the director's authorized representative
has inspected the animal feeding facility.
(3) The director or the director's authorized representative
finds that the facility is not being operated in a manner that
protects the waters of the state.
(B) If an animal feeding facility is required to be permitted
in accordance with this section, the owner or operator of the
facility shall apply to the director for a permit to operate as a
concentrated animal feeding operation. In a situation in which
best management practices cannot be implemented without modifying
the existing animal feeding facility, the owner or operator of the
facility also shall apply for a permit to install for the
facility.
(C) In the case of an animal feeding facility for which a
permit to operate is required under this section, a permit to
operate shall not be required after the end of the five-year term
of the permit if the problems that caused the facility to be
required to obtain the permit have been corrected to the
director's satisfaction.
Sec. 903.09. (A) Prior to issuing or modifying a permit to
install, permit to operate, or NPDES permit, the director of
agriculture shall issue a draft permit. The director or the
director's
representative shall mail notice of the issuance of a
draft permit to
the applicant and shall publish the notice once in
a newspaper of
general circulation in the county in which the
concentrated animal
feeding facility or discharger is located or
proposed to be located.
The director shall mail notice of the
issuance of a draft permit and a copy of the draft permit to the
board
of county commissioners of the county and the board of
township
trustees of the township in which the concentrated animal
feeding
facility or discharger is located or proposed to be
located.
The
director or the
director's representative also shall
provide notice of the
issuance of a draft NPDES permit to any
other
persons that are entitled to
notice under the Federal Water
Pollution
Control Act.
Notice of the issuance of a draft permit
to install, permit to
operate, or NPDES permit shall include the
address where written
comments concerning the draft permit may be
submitted and the period of time
during which
comments will be
accepted as established by rule.
If the director receives written comments in an amount that
demonstrates significant public interest, as defined by rule, in
the draft permit, the director shall schedule one public meeting
to provide information to the public and to hear comments
pertinent to the draft permit.
The notice of the public
meeting
shall be provided in the same manner as the notice of the
issuance
of the draft permit.
(B) If a person is required to obtain both a permit to
install
and a permit to operate, including any permit to operate
with
NPDES provisions, and public meetings are required for both
permits, the public meetings for the permits shall be combined.
(C) The
director shall apply the antidegradation policy
adopted under section
6111.12 of the Revised Code to permits
issued under this
chapter to the same degree and under the same
circumstances as it applies to
permits issued under Chapter 6111.
of the Revised
Code.
The director shall
hold one public meeting
to consider antidegradation issues when
such a meeting is required
by the antidegradation policy. When
allowed by the
antidegradation
policy, the director shall hold the
public meeting
on
antidegradation issues concurrently with any
public meeting
held
for the draft permit.
(D) The director or the director's representative shall
publish
notice of the issuance of a final permit to install,
permit to
operate, or NPDES permit once in a newspaper of general
circulation in the county in which the concentrated animal feeding
facility or discharger is located.
(E) Failure of the director to provide notice or a public
meeting shall invalidate a permit only if the failure is raised
by, and was
relied upon to the
detriment of, a person that is
entitled to appeal the permit. Notice or a
public meeting is not
required
for the modification of a permit made with the consent of
the
permittee for the correction of typographical errors.
(F) The denial, modification, suspension, or revocation of a
permit to install, permit to operate, or NPDES permit without the
consent of the applicant or permittee shall be preceded by a
proposed action
stating the director's intention to issue an order
with respect to the permit
and
the reasons for it.
The director shall mail to the applicant or the permittee
notice of the director's proposed action to deny, modify, suspend,
or revoke a permit to install, permit to operate, or NPDES permit.
The director shall publish the notice once in a newspaper of
general circulation in the county in which the concentrated animal
feeding facility or concentrated animal feeding operation is
located or proposed to be located. The director shall mail a copy
of the notice of the proposed action to the board of county
commissioners of the county and to the board of township trustees
of the township in which the concentrated animal feeding facility
or concentrated animal feeding operation is located or proposed to
be located. The director also shall provide notice of the
director's proposed action to deny, modify, suspend, or revoke a
permit to install, permit to operate, or NPDES permit to any other
person that is entitled to notice under the Federal Water
Pollution Control Act. The notice of the director's proposed
action to deny, modify, suspend, or revoke a permit to install,
permit to operate, or NPDES permit shall include the address where
written comments concerning the director's proposed action may be
submitted and the period of time during which comments will be
accepted as established by rule. If the director receives written
comments in an amount that demonstrates significant public
interest, as defined by rule, the director shall schedule one
public meeting to provide information to the public and to hear
comments pertinent to the proposed action. The notice of the
public meeting shall be provided in the same manner as the notice
of the director's proposed action.
The director
shall not issue an order that makes the
proposed
action
final
until
the applicant or permittee has had an
opportunity for an
adjudication
hearing in accordance with Chapter
119. of the
Revised
Code,
except that section 119.12
of the
Revised Code does
not apply. An order of the
director that
finalizes the proposed
action or an order issuing a permit without
a prior proposed
action may be appealed to the environmental
review appeals
commission under sections 3745.04 to 3745.06 of the
Revised Code.
(G)(1) The director shall issue an order issuing or denying
an application for a permit to operate that contains NPDES
provisions or for a NPDES permit, as well as any application for a
permit to install that is submitted simultaneously, not later than
one
hundred eighty days after receiving the application.
(2) In the case of an application for a permit to install or
permit to operate that is not connected with an application for a
NPDES permit, the director shall issue or propose to deny the
permit not later than ninety days after receiving the application.
If the
director has
proposed to deny the permit to install or
permit to operate under
division (G)(2) of this section, the
director shall issue an
order denying the permit or, if the
director decides against the
proposed denial, issuing the permit
not later than one hundred
eighty days after receiving the
application. If the director denies
the permit, the director
shall
notify the applicant in writing of
the reason for the
denial.
(H) All rulemaking
and the issuance of civil penalties under
this chapter shall comply
with Chapter 119. of the Revised Code.
(I) Upon the transfer of ownership of an animal feeding
facility
for
which a permit to install, an installation permit, a
review compliance
certificate, or a permit to
operate that
contains no NPDES provisions has been issued, the
permit or
certificate shall be
transferred to the new owner of the animal
feeding facility except as provided
in
division (C) of section
903.05 of the Revised Code.
In the case of the
transfer of
ownership of a point source for which a NPDES permit
or a permit
to operate that contains
NPDES provisions has been
issued, the
permit shall be transferred
in accordance with rules.
(J) Applications for installation permits for animal feeding
facilities pending before the
director of environmental protection
on the date on which the director of
agriculture has
finalized the
programs required under division (A)(1) of section
903.02 and
division (A)(1) of section 903.03 of the Revised
Code
shall be
transferred to the director of agriculture. In the case of an
applicant who
is required to obtain a permit to install and a
permit to operate under
sections 903.02
and 903.03, respectively,
of the Revised Code, the director
of
agriculture shall process the
pending application for an installation permit
as
an application
for a permit to install and a permit to operate.
(K) Applications for NPDES permits for either of the
following that are pending before the
director
of environmental
protection on the date on which the United
States
environmental
protection agency approves the NPDES program
submitted by the
director of agriculture under section 903.08 of the
Revised
Code
shall be transferred to the director of agriculture:
(1) The discharge of manure pollutants from a concentrated
animal feeding operation;
(2) The discharge of storm water resulting from an animal
feeding
facility.
In
In the case of an
applicant who is required to
obtain a NPDES
permit under section
903.08 of the Revised Code,
the director of
agriculture
shall
process the pending application
as an
application for a NPDES
permit under that section.
Sec. 903.10. The director of agriculture shall may adopt
rules
in accordance with Chapter 119. of the
Revised Code that do
all of
the following:
(A) Establish all of the following concerning permits to
install
and permits to operate:
(1) A description of what constitutes a modification
of a
concentrated animal feeding facility;
(2) A description of what constitutes a major operational
change at a concentrated animal feeding facility;
(3) The amount of the fee that must be submitted with
each
permit application and each application for a permit
modification;
(3)(4) Information that must be included in the
designs and
plans required to be submitted
with an application for a permit to
install and criteria for approving,
disapproving, or requiring
modification of the designs and plans;
(4)(5) Information that must be included in a manure
management
plan required to be submitted with an
application for a
permit to
operate;
(5)(6) Information that must be included in an application
for
the
modification of an installation permit, a permit to
install,
or a permit
to operate;
(6)(7) Information that must be included in an application
for approval of a major operational change at a concentrated
animal feeding facility;
(8) Any additional information
that must be included with a
permit application;
(7)(9) Procedures for the issuance, denial, modification,
transfer,
suspension, and revocation of permits to install and
permits to operate,
including general permits;
(8)(10) Procedures for the approval or denial of an
application for approval of a major operational change at a
concentrated animal feeding facility;
(11) Grounds for the denial, modification, suspension, or
revocation
of permits to install and permits to operate in
addition to the grounds
established in division (D) of section
903.02 and division
(D) of section 903.03 of the Revised
Code;
(9)(12) Grounds for the denial of an application for approval
of a major operational change at a concentrated animal feeding
facility;
(13) A requirement that a person that is required to obtain
both a permit
to install and a permit to operate submit
applications for those permits
simultaneously;
(10)(14) A definition of "general permit to operate" that
establishes
categories of concentrated animal feeding facilities
to be covered
under such a permit and a definition of "individual
permit to
operate" together with the criteria for issuing a
general permit
to operate and the criteria for determining a
person's eligibility
to operate under a general permit to operate.
(B) Establish all of the following
for the purposes of
review
compliance certificates issued under section
903.04 of the
Revised
Code:
(1) The form of a certificate;
(2) Criteria for what constitutes a significant capital
expenditure under division (D) of that section;
(3) Deadlines and procedures for submitting information
under
division
(E)(2) of that section.
(C) Establish best management practices
that minimize water
pollution, odors, insects, and rodents, that govern the
land
application of manure that originated at a concentrated animal
feeding
facility, and that govern all
of the following activities
that occur at a
concentrated animal feeding facility:
(1) Manure management, including
the storage, handling,
transportation, and land application of
manure. Rules adopted
under division (C)(1) of this section shall include
practices that
prevent surface and ground water contamination caused by the
storage of manure
or the land application of
manure and prevent
the contamination of water in drainage tiles that may be
caused by
that application.
(2) Disposal of dead livestock;
(3) Any other activity that the director considers
appropriate.
Best management practices established in rules adopted under
division
(C) of this
section shall not conflict with best
management practices
established in rules that have been adopted
under any other
section of the Revised
Code and that are in effect
on
March 15, 2001.
The rules adopted under
division (C) of this
section shall establish guidelines that
require owners or
operators of concentrated animal feeding
facilities to
consult
with and work with local officials,
including boards of county
commissioners and boards of township
trustees, in addressing
issues related to local government
infrastructure needs and the
financing of that infrastructure.
(D) Establish all of the following concerning insect and
rodent control plans required under section 903.06 of the
Revised
Code:
(1) The information to be included in an insect and
rodent
control plan;
(2) Criteria for approving, disapproving, or
requiring
modification of an insect and rodent
control plan;
(3) Criteria for determining compliance with or
violation of
an insect and rodent control plan;
(4) Procedures and standards for monitoring insect and
rodent
control plans;
(5) Procedures and standards for enforcing insect and
rodent
control plans at concentrated animal feeding facilities
at which
insects or rodents constitute a nuisance or adversely
affect
public health;
(6) The amount of civil penalties for violation of an insect
and rodent
control plan assessed by the director of agriculture
under division
(B) of section 903.16 of
the
Revised Code, provided
that the rules adopted under division
(D)(6) of this section shall
not establish a civil penalty of more
than ten thousand dollars
for a violation involving a concentrated animal
feeding facility
that is not a major concentrated animal feeding facility
and shall
not establish a civil penalty of more than twenty-five
thousand
dollars for a violation involving a major concentrated
animal
feeding
facility;
(7) The time period within which the director must approve
or
deny an insect and rodent control plan after receiving it;
(8) Any other provisions necessary to administer and enforce
section 903.12 of the Revised Code.
(E) Establish all of the
following concerning livestock
manager
certification certifications required under
section 903.07
of the
Revised
Code:
(1) The information to be included in an application for
a
livestock manager certification and the amount
of the application
fee;
(2) The content of the training required to be completed
and
of the examination required to be passed by an applicant for
a
livestock manager certification. The training
shall include and
the examination shall test the applicant's
knowledge of
information on topics that include
calculating nutrient values in
manure,
devising and implementing a plan for the land application
of
manure, removing manure held in a manure storage or treatment
facility, and following best management
practices established in
rules for disposal of dead
animals and manure management,
including practices that control odor and protect the
environment.
The director may specify other types of recognized
training
programs that, if completed, are considered to satisfy
the
training and examination requirement.
(3) Criteria and procedures for the issuance, denial,
suspension,
revocation, or
reinstatement of
a livestock manager
certification;
(4) The length of time during which livestock manager
certifications will
be valid and procedures for
their renewal;
(5) The volume of manure that must be transported and land
applied annually or the volume of manure that must be bought,
sold, or land applied
annually by a person in order for the person
to be
required to obtain a
livestock manager certification under
division (A)(2) of section
903.07 of the Revised Code;
(6) Requirements governing the management and handling of
manure, including the land application of manure;
(7) Requirements governing the keeping of records regarding
the handling of manure, including the land application of manure;
(8) Any other provisions necessary to administer and
enforce
section 903.07 of the
Revised
Code.
(F) Establish all of the following concerning NPDES
permits:
(1) The designation of concentrated animal feeding
operations
that are subject to
NPDES permit requirements under
section 903.08
of the Revised Code.
This designation shall
include only those
point sources for which the issuance of
NPDES
permits is required
under the Federal Water
Pollution Control Act.;
(2) Effluent limitations governing discharges into
waters of
the state that are authorized by permits;
(3) Variances from effluent limitations and other permit
requirements to the extent that the variances are consistent with
the
Federal Water Pollution Control
Act;
(4) Terms and conditions to be included in a permit,
including, as applicable, best management practices; installation
of discharge or water quality monitoring methods or equipment;
creation and retention of records; submission of periodic reports;
schedules of compliance; net volume, net weight, and, where
necessary, concentration and mass loading limits of manure
that
may be
discharged into waters of the state; and authorized
duration and
frequency of any discharges into waters of the state;
(5) Procedures for the submission of applications for
permits
and notices of intent to be covered by general permits,
including
information that must be included in the
applications
and notices;
(6) The amount of the fee that must be submitted with an
application for a permit;
(7) Procedures for processing permit applications, including
public notice and participation requirements;
(8) Procedures for notifying the United States
environmental
protection agency of the submission of permit applications, the
director's
action on those applications, and any other reasonable
and relevant
information;
(9) Procedures for notifying and receiving and responding to
recommendations from other states whose waters may be
affected by
the issuance of a permit;
(10) Procedures for the transfer of permits to new owners
or
operators;
(11) Grounds and procedures for the issuance, denial,
modification,
suspension, or revocation of permits, including
general permits;
(12) A definition of "general NPDES permit" that establishes
categories of point sources to be covered under such a permit and
a definition of "individual
NPDES permit" together with the
criteria for issuing a general
NPDES permit and the criteria for
determining a person's
eligibility to discharge under a general
NPDES permit.
The rules adopted under division (F) of this section shall be
consistent with the requirements
of the Federal Water Pollution
Control
Act.
(G) Establish public notice and participation requirements,
in
addition to the
procedures established in rules adopted under
division (F)(7) of this
section, for the issuance,
denial,
modification, transfer, suspension, and revocation of permits to
install, permits to operate, and NPDES permits consistent with
section 903.09 of the Revised Code, including a definition of what
constitutes significant public interest for the purposes of
divisions
(A) and (F) of section 903.09 of the Revised Code and
procedures
for public meetings. The rules shall require that
information
that is
presented at
such a public meeting be limited
to the
criteria that are applicable to the
permit
application that
is the
subject of the public meeting.
(H) Establish the amount of civil penalties assessed by the
director of agriculture under division (B) of
section 903.16 of
the Revised Code for violation of the terms and conditions of a
permit to
install, permit to operate, or review compliance
certificate, provided that
the
rules adopted under this division
shall not establish a civil penalty of more
than ten thousand
dollars per day for each violation;
(I) Establish procedures for the protection of trade secrets
from
public disclosure. The procedures shall authorize the
release
of trade
secrets to officers, employees, or authorized
representatives of the
state, another state, or the United States
when necessary
for an
enforcement action brought under this
chapter or when otherwise required
by the Federal Water Pollution
Control
Act. The rules
shall require at least ten days' written
notice to the person to whom a
trade secret applies prior to the
release of the trade secret. Rules adopted
under this division do
not apply to any information that is contained in
applications,
including attachments, for
NPDES permits and that is required to
be submitted under section
903.08
of the Revised Code or rules
adopted under division (F) of this section.
(J) Establish any other
provisions necessary to administer
and enforce this
chapter.
Sec. 903.15. (A) A person who is
aggrieved or adversely
affected by an alleged nuisance related
to a concentrated animal
feeding facility may submit a
complaint to the director of
agriculture
alleging that the nuisance exists regarding a
concentrated animal feeding facility or the discharge of a
pollutant from an animal feeding operation. The complaint may
be
made orally or in
writing. If the complaint is made in
writing, it
shall be signed by the person making it and dated.
(B) After receiving a written, signed, and dated complaint,
the
director shall, or after receiving an oral complaint the
director may, cause
an investigation to be conducted to determine
if the owner or operator of the concentrated animal feeding
facility is
complying with a this chapter, rules adopted under
it, or any
terms and conditions of any permit or review
compliance
certificate issued under it or to determine if a
discharge of a
pollutant is occurring or has occurred at the
animal feeding
operation.
(C)(1) If, upon completion of the
investigation, the
director
determines that the owner or
operator is in compliance
with
a
this
chapter, rules adopted under it, or any terms and conditions
of
any permit or review compliance certificate issued under it or
determines that a discharge of a pollutant is not occurring or has
not occurred at the animal feeding operation,
the
director shall
dismiss the complaint and notify the complainant
and the owner or
operator of the
concentrated animal feeding facility or animal
feeding operation,
whichever is applicable, of the dismissal.
(2) If the director determines that the owner or
operator is
not in compliance with a permit
or review compliance
certificate
this chapter, rules adopted under it, or any terms and
conditions
of any permit issued under it or determines that a
discharge of a
pollutant is occurring or has occurred at the
animal feeding
operation,
the director shall proceed in
accordance
with section
903.16 or
903.17 of the Revised Code, or
both, as applicable.
Sec. 903.16. (A) The director of agriculture may propose to
require corrective actions and assess a civil penalty against an
owner or
operator of a concentrated animal feeding facility if the
director
or the director's authorized representative determines
that the
owner or operator is not in compliance with section
903.02, 903.03, or 903.04 or division (A) of section 903.07 of the
Revised Code, the terms and
conditions of a permit to install,
permit to operate, or review
compliance certificate issued for the
concentrated animal feeding
facility,
including the requirements
established under
division
(C) of section 903.06 or division (A)
of section
903.07 of the
Revised Code, or rules adopted under
division (A), (B), (C), (D), (E), or (J) of section 903.10 of the
Revised Code. However, the director may impose a
civil penalty
only if all of the following occur:
(1) The owner or operator
is notified in writing of the
deficiencies resulting in
noncompliance, the actions that the
owner or operator must take to correct the deficiencies, and the
time period within
which the owner or operator must correct the
deficiencies
and attain compliance.
(2) After the time period specified in the notice has
elapsed,
the director or the director's duly authorized
representative has
inspected the concentrated animal feeding
facility, determined
that the owner or operator is still not in
compliance, and issued a notice
of
an adjudication hearing.
(3) The director affords the owner or operator an
opportunity
for
an adjudication hearing
under Chapter 119. of the
Revised
Code to
challenge the director's
determination that the
owner or
operator is not in
compliance or the imposition of the
civil
penalty, or both.
However, the
owner or operator
may waive
the
right to an
adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or
if,
after an adjudication hearing, the director determines that
a violation has
occurred or is occurring, the director may issue
an
order requiring compliance and assess the civil penalty.
The
order and the
assessment of the civil penalty may be appealed in
accordance with
section 119.12 of the Revised Code.
Civil penalties shall be assessed under this division as
follows:
(1) A person who has violated section 903.02, 903.03, or
903.04 of the Revised Code, the terms and conditions of a
permit
to install, permit to operate, or review compliance
certificate,
or rules adopted under division (A), (B), (C), (D), (E), or (J) of
section 903.10 of the Revised Code
shall pay a civil penalty in an
amount established in
rules unless the
violation is of the
requirements established
under division (C) of section 903.06 or
division (A) of section
903.07 of the Revised
Code.
(2) A person who has violated the requirements established
under
division (C) of section 903.06 of the Revised Code
shall pay
a
civil penalty in an amount established in rules for each
violation. Each
seven-day
period during which a violation
continues constitutes a separate
violation.
(3) A person who has violated the requirements established
under
division (A) of section 903.07 of the Revised Code
shall pay
a
civil penalty of not more than ten thousand dollars for each
violation.
Each thirty-day period during which a violation
continues constitutes a
separate violation.
(C) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court
of
competent jurisdiction against any person violating or threatening
to
violate
section 903.02, 903.03, or 903.04 or division (A) of
section 903.07 of the Revised Code;
the
terms and conditions of a
permit
to install, permit to
operate, or review compliance
certificate,
including the
requirements established under division
(C) of section 903.06
or
division (A) of section
903.07 of the
Revised Code;
rules adopted
under division (A), (B), (C), (D),
(E), or
(J) of section 903.10 of the Revised Code;
or an
order
issued
under division
(B) of
this section or division (B) of
section
903.07 of the Revised Code.
(D)(1) In lieu of seeking civil penalties under division
(A)
of
this section, the director may request the attorney
general, in
writing, to bring an action for a civil penalty in a court of
competent jurisdiction against any person that has violated or is
violating division (A) of section 903.07 of the Revised Code or
the terms and conditions of a permit to install,
permit
to
operate, or review compliance certificate, including
the
requirements established under division (C) of section 903.06 or
division (A) of section 903.07 of the Revised
Code.
(2) The director may request the attorney general, in
writing, to
bring an action for a civil penalty in a court of
competent jurisdiction
against any person that has violated or is
violating section 903.02,
903.03, or 903.04 of the Revised Code,
rules adopted under
division
(A), (B), (C), (D), (E), or (J) of
section 903.10 of the Revised
Code, or an
order issued under
division (B) of this section or division (B) of section 903.07 of
the Revised Code.
(3) A person who has committed a violation for which the
attorney general
may bring an action for a civil penalty under
division (D)(1) or (2)
of this section shall pay a civil penalty
of not more than ten thousand
dollars
per violation. Each day
that
a violation continues constitutes a separate
violation.
(E) In addition to any other penalties imposed under this
section, the director may impose an administrative penalty against
an owner or operator of a concentrated animal feeding facility if
the director or the director's authorized representative
determines that the owner or operator is not in compliance with
best management practices that are established in rules adopted
under division (C) or (D) of section 903.10 of the Revised Code or
in the permit to install, permit to operate, or review compliance
certificate issued for the facility. The administrative penalty
shall not exceed five thousand dollars.
The director shall afford the owner or operator an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the director's determination under this
division, the director's imposition of an administrative penalty
under this division, or both. The director's determination and the
imposition of the administrative penalty may be appealed in
accordance with section 119.12 of the Revised Code.
Sec. 903.17.
(A) The director of agriculture may propose to
require corrective
actions and assess a civil penalty against an
owner or operator of
a
point source an animal feeding operation if
the director or the
director's
authorized representative
determines that the owner or
operator is
not in compliance with
section 903.08 of
the Revised
Code,
the terms and conditions of a
NPDES
permit, the
NPDES
provisions of a permit to operate, or
rules
adopted under
division
(F) of section 903.10 of
the Revised
Code. However, the
director
may impose a civil
penalty only if
all
of the following
occur:
(1) The owner or
operator is notified in writing of
the
deficiencies resulting in noncompliance, the actions that the
owner or
operator must take to correct the
deficiencies, and the
time period within
which the owner or
operator must correct the
deficiencies and
attain
compliance.
(2) After the time period specified in the notice has
elapsed,
the director or the director's duly authorized
representative has
inspected the point source animal feeding
operation, determined
that the
owner or operator
is still not in
compliance, and issued a notice
of
violation to
require
corrective actions.
(3) The director affords the owner or operator
an
opportunity
for
an adjudication hearing under Chapter 119. of
the
Revised
Code to
challenge the director's determination that
the
owner or
operator is not in
compliance or the
imposition of the
civil
penalty, or both. However, the
owner or
operator may waive
the
right to an
adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived
or
if, after an adjudication hearing, the director determines that
a
violation has occurred or is occurring, the director may issue
an
order and assess a civil penalty of not more than ten thousand
dollars per violation against the violator. For purposes of
determining the
civil penalty, each day that a violation continues
constitutes a separate and
distinct violation.
The order and the
assessment of the civil penalty may be appealed in accordance with
section 119.12 of the Revised Code.
(C) To the extent consistent with the
Federal
Water
Pollution
Control Act, the director
shall consider technical
feasibility and
economic costs in issuing orders
under this
section.
(D)(1) The attorney general, upon the written request of the
director, shall bring an action for an injunction in any court of
competent
jurisdiction against any person violating or
threatening
to violate section 903.08 of the Revised Code,
the terms and
conditions of a
NPDES permit, the NPDES provisions of a permit to
operate,
rules adopted under division (F)
of section 903.10 of the
Revised Code, or an order issued
under division (B) of this
section.
(2) In lieu of seeking civil penalties under division (A) of
this
section, the director may request, in writing, the attorney
general to bring
an action for a civil penalty of not more than
ten
thousand dollars per violation in a court of competent
jurisdiction against any person that has violated or is violating
section 903.08 of the Revised Code, the terms and conditions
of a
NPDES permit, the NPDES provisions of a permit to
operate, rules
adopted under division (F) of
section 903.10 of
the
Revised Code,
or an order issued under division (B)
of this
section. For
purposes of determining the civil penalty to be assessed
under
division (B) of this section, each day that a violation
continues
constitutes a separate and distinct violation.
(E) In addition to any other penalties imposed under this
section, the director may impose an administrative penalty against
an owner or operator of an animal feeding operation if the
director or the director's authorized representative determines
that the owner or operator has discharged pollutants into waters
of the state in violation of section 903.08 of the Revised Code or
the terms and conditions of a NPDES permit or the NPDES provisions
of the permit to operate issued for the operation. The
administrative penalty shall not exceed five thousand dollars.
The director shall afford the owner or operator an
opportunity for an adjudication hearing under Chapter 119. of the
Revised Code to challenge the director's determination under this
division, the director's imposition of an administrative penalty
under this division, or both. The director's determination and the
imposition of the administrative penalty may be appealed in
accordance with section 119.12 of the Revised Code.
Sec. 6111.03. The director of environmental protection
may
do any of the following:
(A) Develop plans and programs for the prevention,
control,
and abatement of new or existing pollution of the waters
of the
state;
(B) Advise, consult, and cooperate with other agencies of
the
state, the federal government, other states, and interstate
agencies and with affected groups, political subdivisions, and
industries in furtherance of the purposes of this chapter. Before
adopting,
amending, or rescinding a standard or rule
pursuant to
division (G) of this section or section 6111.041
or 6111.042 of
the Revised Code, the director shall do all of the following:
(1) Mail notice to each statewide organization that the
director determines represents persons who would be affected by
the
proposed standard or rule, amendment thereto, or rescission
thereof
at least thirty-five days before any public hearing
thereon;
(2) Mail a copy of each proposed standard or rule,
amendment
thereto, or rescission thereof to any person who requests a
copy,
within five days after receipt of the request therefor;
(3) Consult with appropriate state and local government
agencies or their representatives, including statewide
organizations of local government officials, industrial
representatives, and other interested persons.
Although the director is expected to discharge
these duties
diligently, failure to mail any such notice or copy or to
so
consult with any person shall not invalidate any proceeding or
action of the director.
(C) Administer grants from the federal government and from
other sources, public or private, for carrying out any of its
functions, all such moneys to be deposited in the state treasury
and kept by the treasurer of state in a separate fund subject to
the lawful orders of the director;
(D) Administer state grants for the construction of sewage
and waste collection and treatment works;
(E) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to water
pollution, and the causes, prevention, control, and abatement
thereof, that are advisable and necessary for the
discharge of the
director's
duties under this chapter;
(F) Collect and disseminate information relating to water
pollution and prevention, control, and abatement thereof;
(G) Adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code governing the procedure for
hearings, the filing of reports, the issuance of permits, the
issuance of industrial water pollution control certificates, and
all other matters relating to procedure;
(H) Issue, modify, or revoke orders to prevent, control,
or
abate water pollution by such means as the
following:
(1) Prohibiting or abating discharges of sewage,
industrial
waste, or other wastes into the waters of the state;
(2) Requiring the construction of new disposal systems or
any
parts thereof, or the modification, extension, or alteration
of
existing disposal systems or any parts thereof;
(3) Prohibiting additional connections to or extensions of
a
sewerage system when the connections or extensions would
result in
an increase in the polluting properties of the effluent
from the
system when discharged into any waters of the state;
(4) Requiring compliance with any standard or rule adopted
under sections 6111.01 to
6111.05 of the Revised Code
or term
or
condition of a permit.
In the making of those orders, wherever compliance with a
rule adopted under section 6111.042 of the Revised Code is not
involved, consistent with the Federal Water Pollution Control
Act,
the director shall give consideration to, and base
the
determination on, evidence relating to the technical feasibility
and economic reasonableness of complying with those orders and to
evidence relating to conditions calculated to result from
compliance with those orders, and their relation to benefits to
the people of the state to be derived from such compliance in
accomplishing the purposes of this chapter.
(I) Review plans, specifications, or other data relative
to
disposal systems or any part thereof in connection with the
issuance of orders, permits, and industrial water pollution
control certificates under this chapter;
(J)(1) Issue, revoke, modify, or deny sludge management
permits
and
permits for
the
discharge of sewage, industrial waste,
or other wastes into the
waters of the state, and for the
installation or modification of
disposal systems or any parts
thereof in compliance with all
requirements of the Federal Water
Pollution Control Act and
mandatory regulations adopted
thereunder, including regulations adopted
under section 405 of the
Federal Water Pollution
Control Act, and set terms and
conditions
of permits, including schedules of compliance, where
necessary.
Any person who discharges, transports, or handles storm water
from
an animal feeding facility, as defined in section 903.01 of
the
Revised Code, or manure pollutants from a concentrated animal
feeding operation, as both terms are defined in that section, is
not
required to obtain a permit under division (J)(1) of this
section
for the installation or modification of a disposal system
involving manure pollutants or storm water or any parts of such a
system on
and after the date on which the director of agriculture
has
finalized the program required under division (A)(1) of
section
903.02 of the Revised Code. In addition, any person who
discharges, transports, or handles storm water from an animal
feeding facility, as defined in section 903.01 of the revised
code
Revised Code, or manure pollutants from a concentrated animal
feeding operation, as both terms are defined in that section, is
not required to
obtain a permit under division (J)(1) of this
section for the
discharge of storm water from an animal feeding
facility or manure pollutants from a concentrated animal feeding
operation on and after the date on which
the United States
environmental protection agency approves
the
NPDES program
submitted by the director of agriculture under
section 903.08 of
the Revised Code.
Any permit terms and conditions set by the director shall be
designed to achieve
and maintain full compliance with the national
effluent
limitations, national standards of performance for new
sources,
and national toxic and pretreatment effluent standards
set under
that act, and any other mandatory requirements of that
act that
are imposed by regulation of the administrator of the
United
States environmental protection agency. If an applicant
for
a
sludge management permit also applies for a related permit
for
the discharge
of sewage, industrial waste, or other wastes
into
the waters of the state, the
director may combine the two
permits
and issue one permit to the applicant.
A sludge management permit is not required for an entity that
treats or transports sewage sludge or for a sanitary landfill when
all
of the following apply:
(a) The entity or sanitary landfill does not generate the
sewage
sludge.
(b) Prior to receipt at the sanitary landfill, the entity
has
ensured that the sewage sludge meets the requirements
established
in rules
adopted by the director under section
3734.02
of the
Revised Code concerning disposal of municipal
solid
waste
in a
sanitary landfill.
(c) Disposal of the sewage sludge occurs at a sanitary
landfill
that complies with rules adopted by the director under
section 3734.02 of
the Revised Code.
As used in division (J)(1) of this section, "sanitary
landfill"
means a sanitary landfill facility, as defined in rules
adopted under
section 3734.02 of the Revised Code, that is
licensed as a
solid waste facility under section 3734.05 of the
Revised Code.
(2) An application for a
permit or renewal thereof shall be
denied if any of the following applies:
(a) The secretary of the army determines in writing that
anchorage or navigation would be substantially impaired thereby;
(b) The director determines that the proposed discharge or
source would conflict with an areawide waste treatment
management
plan adopted in accordance with section 208 of the
Federal Water
Pollution Control Act;
(c) The administrator of the United States environmental
protection agency objects in writing to the issuance or renewal
of
the permit in accordance with section 402 (d) of the Federal
Water
Pollution Control Act;
(d) The application is for the discharge of any
radiological,
chemical, or biological warfare agent or
high-level
radioactive
waste into the waters of the United
States.
(3) To achieve and maintain applicable standards of quality
for
the waters of the state adopted pursuant to section 6111.041
of
the Revised Code, the director shall impose, where necessary
and
appropriate, as conditions of each permit, water quality
related
effluent limitations in accordance with sections 301, 302,
306,
307, and 405 of the Federal Water
Pollution
Control Act and,
to
the extent consistent with that act, shall give
consideration
to, and
base the determination on, evidence relating to the
technical feasibility and economic reasonableness of removing the
polluting
properties from those wastes and to evidence relating to
conditions calculated to result from that action and their
relation to benefits to the people of the state and to
accomplishment of the purposes of this chapter.
(4) Where a discharge having a thermal component from a
source
that is constructed or modified on or after October 18,
1972,
meets national or state effluent limitations or more
stringent
permit conditions designed to achieve and maintain
compliance
with applicable standards of quality for the waters of
the state,
which limitations or conditions will ensure protection
and
propagation of a balanced, indigenous population of shellfish,
fish, and wildlife in or on the body of water into which the
discharge is made, taking into account the interaction of the
thermal component with sewage, industrial waste, or other wastes,
the director shall not impose any more stringent limitation on
the
thermal component of the discharge, as a condition of a
permit or
renewal thereof for the discharge, during a ten-year
period
beginning on the date of completion of the construction or
modification of the source, or during the period of depreciation
or amortization of the source for the purpose of section 167 or
169 of the Internal Revenue Code of 1954, whichever period ends
first.
(5) The director shall specify in permits for the discharge
of
sewage, industrial waste, and other wastes, the net volume, net
weight, duration, frequency, and, where necessary, concentration
of the sewage, industrial waste, and other wastes that may be
discharged into the waters of the state. The director shall
specify in those permits and in sludge management permits that the
permit is conditioned upon
payment of applicable fees as required
by section 3745.11 of the
Revised Code and upon the right of the
director's authorized
representatives to enter upon the premises
of the person to whom the permit
has been issued for the purpose
of determining compliance with this
chapter, rules adopted
thereunder, or the terms and conditions of
a permit, order, or
other determination. The director shall
issue or deny an
application for a sludge management permit or a permit
for a new
discharge,
for the installation or modification of a disposal
system, or for
the renewal of a permit, within one hundred eighty
days of the date
on which a complete application with all plans,
specifications, construction schedules, and other pertinent
information required by the director is received.
(6) The director may
condition
permits upon the installation
of discharge or water quality
monitoring equipment or devices and
the filing of periodic
reports on the amounts and contents of
discharges and the quality
of receiving waters that the director
prescribes. The
director
shall condition each permit for a
government-owned disposal
system or any other "treatment works" as
defined
in the Federal Water Pollution Control Act upon the
reporting
of new introductions of industrial waste or other wastes
and
substantial changes in volume or character thereof being
introduced into those systems or works from "industrial users" as
defined in section 502 of that act, as necessary to comply with
section 402(b)(8) of that act; upon the identification of the
character and volume of pollutants subject to pretreatment
standards being introduced into the system or works; and upon the
existence of a program to ensure compliance with pretreatment
standards by "industrial users" of the system or works. In
requiring monitoring devices and reports, the director, to the
extent consistent with the Federal Water Pollution Control
Act,
shall give consideration to technical feasibility and economic
reasonableness and shall allow reasonable time for compliance.
(7) A permit may be issued for a period not to exceed five
years and
may be renewed upon application for renewal and upon a
finding
by the director that the permit holder is making
satisfactory
progress toward the achievement of all applicable
standards and
has complied with the terms and conditions of the
existing
permit. A permit may be modified, suspended, or revoked
for
cause, including, but not limited to, violation of any
condition
of the permit, obtaining a permit by misrepresentation
or failure
to disclose fully all relevant facts of the permitted
discharge or of the
sludge
use, storage, treatment, or disposal
practice, or changes in any condition
that requires either a
temporary or permanent reduction or
elimination of the permitted
activity. No application
shall be
denied or permit revoked or
modified without a written order
stating the findings upon which
the denial, revocation, or
modification is based. A copy of the
order shall be sent to the
applicant or permit holder by certified
mail.
(K) Institute or cause to be instituted in any court of
competent jurisdiction proceedings to compel compliance with
this
chapter or with the orders of the director issued under this
chapter, or to ensure compliance with sections 204(b), 307,
308,
and 405 of the Federal Water Pollution
Control
Act;
(L) Issue, deny, revoke, or modify industrial water
pollution
control certificates;
(M) Certify to the government of the United States or any
agency thereof that an industrial water pollution control facility
is in
conformity with the state program or requirements for the
control of
water pollution whenever the certification may be
required for a
taxpayer under the Internal Revenue Code of the
United States, as
amended;
(N) Issue, modify, and revoke orders requiring any
"industrial user" of any publicly owned "treatment works" as
defined in sections 212(2) and 502(18) of the Federal
Water
Pollution Control Act to comply with pretreatment standards;
establish and maintain records; make reports; install, use, and
maintain monitoring equipment or methods, including, where
appropriate, biological monitoring methods; sample discharges in
accordance with methods, at locations, at
intervals, and in a
manner that the
director determines; and
provide other information
that is necessary to
ascertain
whether or not there is compliance
with toxic and pretreatment
effluent standards. In issuing,
modifying, and revoking those
orders, the director, to the extent
consistent with the Federal
Water Pollution Control Act, shall
give consideration to
technical feasibility and economic
reasonableness and shall allow
reasonable time for compliance.
(O) Exercise all incidental powers necessary to carry out
the
purposes of this chapter;
(P) Certify or deny certification to any applicant for a
federal license or permit to conduct any activity that may
result
in any discharge into the waters of the state that the
discharge
will comply with the Federal Water Pollution Control
Act;
(Q) Administer and enforce the publicly owned treatment
works
pretreatment program in accordance with the Federal Water
Pollution Control Act. In the administration of that program, the
director
may do any of the following:
(1) Apply and enforce pretreatment standards;
(2) Approve and deny requests for approval of publicly
owned
treatment works pretreatment programs, oversee those
programs, and
implement, in whole or in part, those programs
under any of the
following conditions:
(a) The director has denied a request for approval of the
publicly owned treatment works pretreatment program;
(b) The director has revoked the publicly owned treatment
works pretreatment program;
(c) There is no pretreatment program currently being
implemented by the publicly owned treatment works;
(d) The publicly owned treatment works has requested the
director to implement, in whole or in part, the pretreatment
program.
(3) Require that a publicly owned treatment works
pretreatment program be incorporated in a permit issued to a
publicly owned treatment works as required by the Federal Water
Pollution Control Act, require compliance by publicly owned
treatment works with those programs, and require compliance by
industrial users with pretreatment standards;
(4) Approve and deny requests for authority to modify
categorical pretreatment standards to reflect removal of
pollutants achieved by publicly owned treatment works;
(5) Deny and recommend approval of requests for
fundamentally
different factors variances submitted by industrial
users;
(6) Make determinations on categorization of industrial
users;
(7) Adopt, amend, or rescind rules and issue, modify, or
revoke orders necessary for the administration and enforcement of
the publicly owned treatment works pretreatment program.
Any approval of a publicly owned treatment works
pretreatment
program may contain any terms and conditions,
including schedules
of compliance, that are necessary to achieve
compliance with this
chapter.
(R) Except as otherwise provided in this division,
adopt
rules in accordance
with Chapter 119. of the
Revised Code
establishing procedures, methods, and equipment and
other
requirements for equipment to prevent and contain
discharges of
oil and hazardous substances into the waters of the
state. The
rules shall be consistent with and equivalent in
scope, content,
and coverage to section 311(j)(1)(c) of the
Federal Water
Pollution Control Act and regulations adopted
under it. The
director shall not adopt rules under this division relating to
discharges of oil from oil production facilities and oil drilling
and workover
facilities as those terms are defined in that act and
regulations adopted
under it.
(S)(1) Administer and
enforce a program for the regulation
of
sludge management in
this state.
In
administering the program,
the director, in addition to
exercising the authority provided in
any other applicable
sections of this chapter, may do any of the
following:
(a) Develop plans and programs for the disposal and
utilization of sludge and sludge materials;
(b) Encourage, participate in, or conduct studies,
investigations, research, and demonstrations relating to the
disposal and use of sludge and sludge materials and the impact
of
sludge and sludge materials on land located in the state and on
the air
and waters of the state;
(c) Collect and disseminate information relating to the
disposal and use of sludge and sludge materials and the impact
of
sludge and sludge materials on land located in the state and on
the air
and waters of the state;
(d) Issue, modify, or revoke orders to prevent, control,
or
abate the use and disposal of sludge and sludge materials or
the
effects of the use of sludge and sludge materials on land
located
in the state and on the air and waters of the
state;
(e) Adopt and enforce, modify, or rescind rules necessary
for
the
implementation of division (S) of this section. The rules
reasonably
shall protect public health and the environment,
encourage the beneficial
reuse of sludge and sludge materials, and
minimize the creation of nuisance
odors.
The
director may specify in sludge management permits the net
volume, net weight,
quality, and
pollutant concentration of the
sludge or sludge materials that may be
used, stored, treated, or
disposed of, and the manner and frequency
of
the use, storage,
treatment, or disposal, to protect public health and the
environment from adverse effects relating to those activities.
The
director shall impose other terms and conditions to protect
public
health and the environment, minimize the creation of
nuisance
odors, and achieve compliance with this chapter and
rules
adopted
under it and, in doing so, shall consider whether the
terms and
conditions are consistent with the goal of encouraging
the
beneficial reuse of
sludge and sludge materials.
The director may condition permits on the implementation
of
treatment, storage, disposal, distribution, or application
management methods and the filing of periodic reports on the
amounts, composition, and quality of sludge and sludge materials
that are disposed of, used, treated, or stored.
An approval of a treatment works sludge disposal program
may
contain any terms and conditions, including schedules of
compliance, necessary to achieve compliance with this
chapter and
rules adopted under it.
(2) As a part of the program established under division
(S)(1) of
this section, the director has exclusive authority to
regulate sewage sludge
management in this state. For purposes of
division (S)(2) of this
section, that program shall be consistent
with section 405 of the
Federal Water Pollution Control
Act and
regulations adopted under it and with this section, except
that
the director may adopt rules under division (S) of this section
that establish requirements that are more stringent than section
405 of the
Federal Water Pollution Control
Act and regulations
adopted under it with regard to monitoring sewage
sludge and
sewage sludge materials and establishing acceptable sewage sludge
management practices and pollutant levels in sewage sludge and
sewage sludge
materials.
This chapter authorizes the state to participate in any
national sludge
management program and the national pollutant
discharge elimination
system,
to administer
and enforce the
publicly owned treatment works pretreatment
program, and to issue
permits for the discharge of dredged or
fill materials, in
accordance with the Federal Water Pollution
Control Act. This
chapter shall be administered, consistent
with the laws of this
state and federal law, in the same manner
that the Federal Water
Pollution Control Act is required to be
administered.
This section does not apply to animal waste
disposal
systems
and related management and conservation
practices
subject
to rules
adopted pursuant to division (E)(4) of section
1511.02 of
the
Revised Code.
However, until the
date on
which
the United States
environmental protection agency
approves
the
NPDES program
submitted by the director of
agriculture under
section 903.08 of
the Revised Code, this
exclusion does not
apply
to animal waste
treatment works having a
controlled direct
discharge to the waters
of the state or any concentrated animal feeding operation, as
defined in 40 C.F.R. 122.23(b)(2). On and
after the date on
which
the United States environmental protection
agency
approves
the
NPDES program submitted by the director of
agriculture under
section 903.08 of the Revised Code, this section
does not
apply
to
storm water from an animal feeding facility, as
defined in section
903.01 of the Revised Code, or to manure pollutants discharged
from a concentrated animal feeding operation, as both terms are
defined in that
section. Neither of these exclusions applies
to
the discharge of
animal waste into a publicly owned treatment
works.
Section 2. That existing sections 903.01, 903.02, 903.03,
903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09,
903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code
are hereby repealed.
Section 3. The amendments by this act of divisions (C)(1) and
(H) of section 903.02; divisions (A), (C)(1), and (I) of section
903.03; divisions (D) and (E)(2)(a) of section 903.04; sections
903.05, 903.06, and 903.07; divisions (A)(2) to (14) and (E) of
section 903.10; section 903.16; and division (E) of section 903.17
of the Revised Code become
operative on the date on which the
Administrator of the United
States Environmental Protection
Agency approves the National
Pollutant Discharge Elimination
System program submitted by the
Director of Agriculture under
section 903.08 of the Revised Code
as amended by this act.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
expedite the process of receiving approval from the Administrator
of the United States Environmental Protection Agency for the
Director of Agriculture to administer certain national pollutant
discharge elimination system permits. Therefore, this act shall go
into immediate effect.
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