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S. B. No. 150 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 903.25, 905.31, 905.32, 905.34,
905.36, 905.39, 905.41, 905.45, 905.46, 905.47,
905.48, 905.49, 905.50, 905.99, 907.111, 921.06,
921.11, 921.16, 941.14, 953.22, 1511.01, 1511.02,
1511.021, 1511.022, 1511.07, 1511.071, 1515.01,
1515.02, 1515.08, 3717.53, 3734.02, and 3734.029;
to amend for the purpose of adopting new section
numbers as indicated in parentheses sections
905.501 (905.503), 1511.021 (1511.022), and
1511.022 (1511.024); and to enact new sections
905.501 and 1511.021 and sections 905.321,
905.322, 905.502, and 1511.023 of the Revised Code
to revise the law governing the abatement of
agricultural pollution, to require a person that
applies fertilizer for the purposes of
agricultural production to be certified to do so
by the Director of Agriculture, to provide for an
agricultural pesticide-use category on commercial
and private pesticide applicator licenses, and to
make other changes to the Agricultural Additives,
Lime, and Fertilizer Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 903.25, 905.31, 905.32, 905.34,
905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48, 905.49,
905.50, 905.99, 907.111, 921.06, 921.11, 921.16, 941.14, 953.22,
1511.01, 1511.02, 1511.021, 1511.022, 1511.07, 1511.071, 1515.01,
1515.02, 1515.08, 3717.53, 3734.02, and 3734.029 be amended,
sections 905.501 (905.503), 1511.021 (1511.022), and 1511.022
(1511.024) be amended for the purpose of adopting new section
numbers as indicated in parentheses, and new sections 905.501 and
1511.021 and sections 905.321, 905.322, 905.502, and 1511.023 of
the Revised Code be enacted to read as follows:
Sec. 903.25. An owner or operator of an animal feeding
facility who holds a permit to install, a permit to operate, a
review compliance certificate, or a NPDES permit or who is
operating under an operation and management plan, as defined in
section 1511.01 of the Revised Code, approved by the chief of the
division of soil and water resources in the department of natural
resources under section 1511.02 of the Revised Code or by the
supervisors of the appropriate soil and water conservation
district under section 1515.08 of the Revised Code shall not be
required by any political subdivision of the state or any officer,
employee, agency, board, commission, department, or other
instrumentality of a political subdivision to obtain a license,
permit, or other approval pertaining to manure, insects or
rodents, odor, or siting requirements for installation of an
animal feeding facility.
Sec. 905.31. As used in sections 905.31 to 905.501 905.503
of the Revised Code:
(A) "Applicant" means the person who applies for the license
or requests registration of a fertilizer.
(B) "Brand name" means a name or expression, design, or
trademark used in connection with one or several grades of any
type of fertilizer.
(C) "Bulk fertilizer" means any type of fertilizer in solid,
liquid, or gaseous state, or any combination thereof, in a
nonpackaged form.
(D) "Distribute" means to offer for sale, sell, barter, or
otherwise supply fertilizer for other than manufacturing purposes.
(E) "Fertilizer" means any substance containing nitrogen,
phosphorus, or potassium or any recognized plant nutrient element
or compound that is used for its plant nutrient content or for
compounding mixed fertilizers. Lime, limestone, marl, unground
bone, water, and unmanipulated animal and vegetable manures are
excepted unless mixed with fertilizer materials.
(F) "Grade" means the percentages of total nitrogen,
available phosphorus or available phosphate (P2O5), and soluble
potassium or soluble potash (K2O) stated in the same terms, order,
and percentage as in guaranteed analysis.
(G) "Guaranteed analysis" means:
(1) The minimum percentages of plant nutrients claimed in the
following order and form:
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Total Nitrogen (N) |
per cent |
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|
|
Available phosphate (P2O5) |
per cent |
|
|
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Soluble Potash (K2O) |
per cent |
|
|
(2) Guaranteed analysis includes, in the following order:
(a) For bone and tankage, total phosphorus (P) or phosphate
(P2O5);
(b) For basic slag and unacidulated phosphatic materials,
available and total phosphorus (P) or phosphate (P2O5) and the
degree of fineness;
(c) Additional plant nutrients guaranteed expressed as
percentage of elements in the order and form as prescribed by
rules adopted by the director of agriculture.
(H) "Label" means any written or printed matter on the
package or tag attached to it or on the pertinent delivery and
billing invoice.
(I) "Manufacture" means to process, granulate, blend, mix, or
alter the composition of fertilizers for distribution.
(J) "Mixed fertilizer" means any combination or mixture of
fertilizer designed for use, or claimed to have value, in
promoting plant growth, including fertilizer pesticide mixtures.
(K) "Net weight" means the weight of a commodity excluding
any packaging in pounds or metric equivalent, as determined by a
sealed weighing device or other means prescribed by rules adopted
by the director.
(L) "Packaged fertilizer" means any type of fertilizer in
closed containers of not over one hundred pounds or metric
equivalent.
(M) "Per cent" or "percentage" means the percentage of
weight.
(N) "Person" includes any partnership, association, firm,
corporation, company, society, individual or combination of
individuals, institution, park, or public agency administered by
the state or any subdivision of the state.
(O) "Product name" means a coined or specific designation
applied to an individual fertilizer material or mixture of a fixed
composition and derivation.
(P) "Sale" means exchange of ownership or transfer of
custody.
(Q) "Official sample" means the sample of fertilizer taken
and designated as official by the director.
(R) "Specialty fertilizer" means any fertilizer designed,
labeled, and distributed for uses other than the production of
commercial crops.
(S) "Ton" means a net weight of two thousand pounds.
(T) "Unmanipulated manure" means any substance composed
primarily of excreta, plant remains, or mixtures of such
substances that have not been processed in any manner.
(U) "Fertilizer material" includes any of the following:
(1) A material containing not more than one of the following
primary plant nutrients:
(2) A material that has not less than eighty-five per cent of
its plant nutrient content composed of a single chemical
compound.;
(3) A material that is derived from a residue or by-product
of a plant or animal or a natural material deposit and has been
processed in such a way that its plant nutrients content has not
been materially changed except by purification and concentration.
(V) "Custom mixed fertilizer" means a fertilizer that is not
premixed, but that is blended specifically to meet the nutrient
needs of one specific customer.
(W) "Director" or "director of agriculture" means the
director of agriculture or the director's designee.
(X) "Lot" means an identifiable quantity of fertilizer that
may be used as an official sample.
(Y) "Unit" means twenty pounds of fertilizer or one per cent
of a ton.
(Z) "Metric ton" means a measure of weight equal to one
thousand kilograms.
(AA) "Anhydrous ammonia equipment" means, with regard to the
handling or storage of anhydrous ammonia, a container or
containers with a maximum capacity of not more than four thousand
nine hundred ninety-nine gallons or any appurtenances, pumps,
compressors, or interconnecting pipes associated with such a
container or containers. "Anhydrous ammonia equipment" does not
include equipment for the manufacture of anhydrous ammonia or the
storage of anhydrous ammonia either underground or in refrigerated
structures.
(BB)(AA) "Anhydrous ammonia system" or "system" means, with
regard to the handling or storage of anhydrous ammonia, a
container or containers with a minimum capacity of not less than
five thousand gallons or any appurtenances, pumps, compressors, or
interconnecting pipes associated with such a container or
containers. "Anhydrous ammonia system" does not include equipment
for the manufacture of anhydrous ammonia or the storage of
anhydrous ammonia either underground or in refrigerated
structures.
(BB) "Agricultural production" means the cultivation,
primarily for sale, of plants or any parts of plants on more than
ten acres unless the cultivation is excluded from the term by the
director in rules.
(CC) "Rule" means a rule adopted under section 905.322,
905.40, or 905.44 of the Revised Code, as applicable.
Sec. 905.32. (A) No person shall manufacture or distribute
in this state any type of fertilizer until a license to
manufacture or distribute has been obtained by the manufacturer or
distributor from the department of agriculture upon payment of a
five-dollar fee:
(1) For each fixed (permanent) location at which fertilizer
is manufactured in this state;
(2) For each mobile unit used to manufacture fertilizer in
this state;
(3) For each location out of the state from which fertilizer
is distributed
in into this state to nonlicensees;
(4) For each location in this state from which fertilizer is
distributed in this state.
All licenses shall be valid for one year beginning on the
first day of December of a calendar year through the thirtieth day
of November of the following calendar year. A renewal application
for a license shall be submitted no later than the thirtieth day
of November each year. A person who submits a renewal application
for a license after the thirtieth day of November shall include
with the application a late filing fee of ten dollars.
(B) An application for a license shall include:
(1) The name and address of the licensee;
(2) The name and address of each bulk distribution point in
the state, not licensed for fertilizer manufacture and
distribution.
The name and address shown on the license shall be shown on
all labels, pertinent invoices, and bulk storage for fertilizers
distributed by the licensee in this state.
(C) The licensee shall inform the director of agriculture in
writing of additional distribution points established during the
period of the license.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.321. (A) As used in this section, "directly
supervised" means the application of a fertilizer for purposes of
agricultural production by a person who is acting under the
instructions and control, as defined in rules, of a person who is
certified under this section and employed by the same employer as
the person who is applying the fertilizer.
(B) On and after the date that is three years after the
effective date of this section, no person shall apply fertilizer
for the purposes of agricultural production unless that person has
been certified to do so by the director of agriculture under this
section and rules or is directly supervised by a person who is so
certified.
(C) A person shall be certified to apply fertilizer for
purposes of agricultural production in accordance with rules. A
person that has been so certified shall comply with requirements
and procedures established in those rules.
(D) A person that has been licensed as a commercial
applicator under section 921.06 of the Revised Code or as a
private applicator under section 921.11 of the Revised Code and
that is applying to be certified under this section shall not be
required to pay the application fee for certification established
in rules adopted under section 905.322 of the Revised Code.
Sec. 905.322. (A) The director of agriculture shall adopt
rules in accordance with Chapter 119. of the Revised Code that do
both of the following:
(1) Establish all of the following concerning certifications
that are required by section 905.321 of the Revised Code:
(a) The amount of the fee that must be submitted with an
application for certification, if applicable;
(b) Information that must be included with an application for
certification;
(c) Procedures for the issuance, renewal, and denial of
certifications;
(d) Grounds for the denial of certifications;
(e) Requirements and procedures governing training that must
be successfully completed in order for a person to be certified;
(f) Requirements for the maintenance of records by a person
that is certified.
(2) Establish requirements and procedures with which a
licensee or registrant must comply when filing an annual tonnage
report under section 905.36 of the Revised Code, including the
date on which the report must be filed.
(B) The director may adopt rules in accordance with Chapter
119. of the Revised Code that establish both of the following:
(1) Any type of cultivation that is excluded from the
definition of "agricultural production" in section 905.31 of the
Revised Code;
(2) A definition of what constitutes "under the instructions
and control" as used in the definition of "directly supervised" in
section 905.321 of the Revised Code.
Sec. 905.34. No distributor shall be required to obtain a
license if the manufacturer is licensed under division (A) of
section 905.32 of the Revised Code; or to distribute fertilizer if
the manufacturer or distributor fertilizer is registered under
division (A) of section 905.33 of the Revised Code.
Sec. 905.36. (A) A licensee or registrant, except
registrants who package specialty fertilizers only in containers
of ten pounds or less, shall pay the director of agriculture for
all fertilizers distributed in this state an inspection fee at the
rate of twenty-five cents per ton
or twenty-eight cents per metric
ton. Licensees and registrants shall specify on an invoice whether
the per ton inspection fee has been paid or whether payment of the
fee is the responsibility of the purchaser of the fertilizer. The
payment of this inspection fee by a licensee or registrant shall
exempt all other persons from the payment of this fee for all of
the following, as applicable:
(1) All fertilizer that the licensee distributes in this
state to a person that has not been issued a license under section
905.32 of the Revised Code;
(2) If the licensee is certified under section 905.321 of the
Revised Code, all fertilizer that the licensee applies in this
state for purposes of agricultural production;
(3) All fertilizer that the registrant distributes in this
state.
However, the inspection fee does not apply to packaged
fertilizers that are in containers of ten pounds or less.
(B) Every licensee or registrant shall file with the director
an annual tonnage report that includes the number of net tons or
metric tons of fertilizer distributed to nonlicensees or
nonregistrants in this state by grade; packaged; bulk, dry or
liquid in accordance with rules. The report shall be filed on or
before the thirtieth day of November of each calendar year and
shall include data from the period beginning on the first day of
November of the year preceding the year in which the report is due
through the thirty-first day of October of the year in which the
report is due date specified in rules. The licensee or registrant,
except registrants who package specialty fertilizers only in
containers of ten pounds or less, shall include with this
statement the report the inspection fee at the rate stated in
division (A) of this section. For a tonnage report that is not
filed or payment of inspection fees that is not made on or before
the thirtieth day of November of the applicable calendar year date
specified in rules, a penalty of fifty dollars or ten per cent of
the amount due, whichever is greater, shall be assessed against
the licensee or registrant. The amount of fees due, plus penalty,
shall constitute a debt and become the basis of a judgment against
the licensee or registrant. For tonnage reports found to be
incorrect, a penalty of fifteen per cent of the amount due shall
be assessed against the licensee or registrant and shall
constitute a debt and become the basis of a judgment against the
licensee or registrant.
(C) No information furnished under this section shall be
disclosed by any employee of the department of agriculture in such
a way as to divulge the operation of any person required to make
such a report. The filing by a licensee or registrant of a
sales
volume tonnage statement report required by division (B) of this
section thereby grants permission to the director to verify the
same with the records of the licensee or registrant.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.39. (A) The director of agriculture shall inspect
and sample any fertilizer within the state to such an extent as
the director considers necessary and make an analysis where need
is indicated to determine whether the fertilizer is in compliance
with sections 905.31 to
905.50 905.503 of the Revised Code and the
rules
adopted under those sections. The director may enter upon
any public or private premises or conveyances during regular
business hours in order to have access to fertilizer subject to
sections 905.31 to
905.50 905.503 of the Revised Code and the
rules adopted under those sections.
(B) The director shall maintain the services necessary to
effectively administer and enforce sections 905.31 to 905.50
905.503 of the Revised Code and the rules
adopted under those
sections. The methods of sampling and analysis shall be those
adopted by the association of official analytical chemists or
other sources prescribed by the director.
(C) The results of official analysis of any sample of
fertilizer found to be in violation of any provisions of sections
905.31 to
905.50 905.503 of the Revised Code or any rule
adopted
under those sections, shall be forwarded to the licensee or
registrant. A licensee or registrant may request a portion of any
such sample, provided that the request is made not more than
thirty days after the date of the analysis report.
(D) Analytical tolerances shall be governed by rules
adopted
by the director.
(E) If the director is denied access to any premises where
access is sought for the purpose of inspection and sampling, the
director may apply to any court of competent jurisdiction for a
search warrant authorizing access to the premises for that
purpose. The court, upon application, may issue the search warrant
for the purpose requested.
Sec. 905.41. (A) A storage facility for anhydrous ammonia
that is used for agricultural purposes shall be designed and
constructed in accordance with rules adopted under section 905.40
of the Revised Code. On and after the effective date of this
section September 10, 2012, no person shall construct a storage
facility for anhydrous ammonia that is used for agricultural
purposes without applying for and receiving approval of the design
of the facility and approval to construct the facility from the
director of agriculture in accordance with those rules.
(B) Upon the submission of an application to the director for
the approval of the design and construction of a storage facility
for anhydrous ammonia that is used for agricultural purposes in
accordance with rules adopted under section 905.40 of the Revised
Code, the applicant shall submit written notification of the
application to all of the following:
(1) The board of township trustees of the township or the
legislative authority of the municipal corporation, as applicable,
in which the storage facility is proposed to be located;
(2) The county sheriff, or the police chief of the police
department of a municipal corporation, township, or township or
joint township police district, as applicable, with jurisdiction
over the location where the storage facility is proposed to be
located;
(3) The fire chief of the fire department with jurisdiction
over the location where the storage facility is proposed to be
located.
(C) Prior to approving or disapproving a storage facility for
anhydrous ammonia that is used for agricultural purposes, the
director may take into consideration any past violations of an
applicable state or federal law pertaining to environmental
protection or the environmental laws of another country or any
conviction of or guilty plea to a violation of section 901.511 of
the Revised Code or a felony drug offense as defined in section
2925.01 of the Revised Code related to the use and storage of
chemicals used for agriculture by the owner of the storage
facility.
Sec. 905.45. (A) The director of agriculture may revoke the
registration of any grade and brand name of fertilizer or any
license, or may suspend any registration or license, or may refuse
to register any grade and brand name of fertilizer, or to license
any applicant, upon a finding supported by substantial evidence
that the registrant, licensee, or applicant has violated any
provision of sections 905.31 to 905.50 of the Revised Code, or any
rules adopted under those sections. No do any of the following
upon a finding supported by substantial evidence that a
registrant, licensee, certificate holder, or applicant has
violated any provision of sections 905.31 to 905.503 of the
Revised Code or any rules:
(1) Revoke the registration of any grade and brand name of
fertilizer;
(2) Revoke any license or certificate;
(3) Suspend any registration, license, or certificate;
(4) Refuse to register any grade and brand name of
fertilizer;
(5) Refuse to license or certify any applicant.
(B)(1) Except as provided in division (B)(2) of this section,
no registration or, license, or certificate shall be refused,
suspended, or revoked, as applicable, until the registrant,
licensee, certificate holder, or applicant has been given an
opportunity to appear at an adjudication hearing conducted in
accordance with Chapter 119. of the Revised Code.
(2) The director immediately may suspend a registration,
license, or certificate, prior to a hearing, when the director
believes that a fertilizer or the application of the fertilizer
poses an immediate hazard to human or animal health or a hazard to
the environment. Not later than thirty days after suspending the
registration, license, or certificate, the director shall
determine whether the fertilizer or application of the fertilizer
poses such a hazard. If the director determines that no hazard
exists, the director shall lift the suspension of the
registration, license, or certificate. If the director determines
that a hazard exists, the director shall revoke the registration,
license, or certificate in accordance with Chapter 119. of the
Revised Code.
Sec. 905.46. The director of agriculture may issue an order
to the owner or custodian of any lot of fertilizer requiring it to
be held at a designated place when the director has found the
fertilizer to have been offered or exposed for sale in violation
of sections 905.31 to
905.50 905.503 of the Revised Code, or any
rule
adopted under those sections. A fertilizer shall be held
until a release in writing is issued by the director. A release
shall not be issued until sections 905.31 to 905.50 905.503 of the
Revised Code, and the rules adopted under those sections, are
complied with and until all costs and expenses incurred in
connection with the violation have been paid by the manufacturer,
distributor, licensee, or registrant.
Sec. 905.47. Any lot of fertilizer not in compliance with
sections 905.31 to 905.50 905.503 of the Revised Code, or any rule
adopted under those sections, is subject to seizure on complaint
of the director of agriculture to a court of competent
jurisdiction in the county in which the fertilizer is located. The
court upon a finding that the fertilizer is in violation of
sections 905.31 to 905.50 905.503 of the Revised Code, or any rule
adopted under those sections, shall order the condemnation of the
fertilizer, and it shall be disposed of in a manner consistent
with the laws of this state. The court shall not order the
condemnation of the fertilizer without first giving the
manufacturer or distributor an opportunity to reprocess or relabel
the fertilizer to bring it into compliance with sections 905.31 to
905.50 905.503 of the Revised Code, and the rules
adopted under
those sections.
Sec. 905.48. In addition to the remedies provided and
irrespective of whether or not there exists any adequate remedy at
law, the director of agriculture may apply to the court of common
pleas in the county wherein any of the provisions of sections
905.31 to 905.50 905.503 of the Revised Code, are being violated
for a temporary or permanent injunction restraining any person
from such the violation.
Sec. 905.49. Nothing in sections 905.31 to
905.50 905.503 of
the Revised Code, shall be considered either to restrict the
distribution of fertilizers to each other by importers or
manufacturers, who mix fertilizer materials for distribution, or
to prevent the free and unrestricted shipment of fertilizer to
manufacturers who are licensed or have registered their specialty
fertilizer grades and brand names as required by sections 905.31
to 905.50 905.503 of the Revised Code.
Sec. 905.50. If the director of agriculture has taken an
official sample of a fertilizer or mixed fertilizer and determined
that it constitutes mislabeled fertilizer pursuant to rules
adopted under section 905.40 or 905.44 of the Revised Code, as
applicable, the person who labeled the fertilizer or mixed
fertilizer shall pay a penalty to the consumer of the mislabeled
fertilizer or, if the consumer cannot be determined with
reasonable diligence or is not available, to the director to be
credited to the pesticide, fertilizer, and lime program fund
created under section 921.22 of the Revised Code. The amount of
the penalty shall be calculated in accordance with either division
(A) or (B) of this section, whichever method of calculation yields
the largest amount.
(A)(1) A penalty required to be paid under this section may
be calculated as follows:
(a) Five dollars for each percentage point of total nitrogen
or phosphorus in the fertilizer that is below the percentage of
nitrogen or phosphorus guaranteed on the label, multiplied by the
number of tons of mislabeled fertilizer that have been sold to the
consumer;
(b) Three dollars for each percentage point of potash in the
fertilizer that is below the percentage of potash guaranteed on
the label, multiplied by the number of tons of mislabeled
fertilizer that have been sold to the consumer.
(2) In the case of a fertilizer that contains a quantity of
nitrogen, phosphorus, or potash that is more than five percentage
points below the percentages guaranteed on the label, the
penalties calculated under division (A)(1) of this section shall
be tripled.
(3) No penalty calculated under division (A) of this section
shall be less than twenty-five dollars.
(B) A penalty required to be paid under this section may be
calculated by multiplying the market value of one unit of the
mislabeled fertilizer by the number of units of the mislabeled
fertilizer that have been sold to the consumer.
(C) Upon making a determination under this section that a
person has mislabeled fertilizer or mixed fertilizer, the director
shall determine the parties to whom the penalty imposed by this
section is required to be paid and, in accordance with division
(A) or (B) of this section, as applicable, shall calculate the
amount of the penalty required to be paid to each such party.
After completing those determinations and calculations, the
director shall issue to the person who allegedly mislabeled the
fertilizer or mixed fertilizer a notice of violation. The notice
shall be accompanied by an order requiring, and specifying the
manner of, payment of the penalty imposed by this section to the
parties in the amounts set forth in the determinations and
calculations required by this division. The order shall be issued
in accordance with Chapter 119. of the Revised Code.
No person shall violate a term or condition of an order
issued under this division.
Sec. 905.501. Whenever the director of agriculture has cause
to believe that a person has violated, or is violating, sections
905.31 to 905.503 of the Revised Code or rules or an order issued
under those sections or rules, the director may conduct a hearing
in accordance with Chapter 119. of the Revised Code to determine
whether a violation has occurred. If the director determines that
a violation has occurred, the director may require the violator to
pay a civil penalty in accordance with the schedule of civil
penalties established in rules. Each day of violation constitutes
a separate violation.
Sec. 905.502. Nothing in sections 905.31 to 905.502 of the
Revised Code or rules shall be construed to require the director
of agriculture to report any findings to the appropriate
prosecuting authority for proceedings in the prosecution of, or
issue any order or institute any enforcement procedure for, a
violation of sections 905.31 to 905.502 of the Revised Code or
rules when the director believes that the public interest will be
best served by a suitable written notice of warning. A person who
receives a written notice of warning may respond in writing to the
notice.
Sec. 905.501 905.503. (A) As used in this section:
(1) "Political subdivision" means a county, township, or
municipal corporation and any other body corporate and politic
that is responsible for government activities in a geographic area
smaller than that of the state.
(2) "Local legislation" includes, but is not limited to, an
ordinance, resolution, regulation, rule, motion, or amendment that
is enacted or adopted by a political subdivision.
(B)(1) No political subdivision shall regulate the
registration, packaging, labeling, sale, storage, distribution,
use, or application of fertilizer, or require a person licensed or
registered under sections 905.31 to 905.99 of the Revised Code to
obtain a license or permit to operate in a manner described in
those sections, or to satisfy any other condition except as
provided by a statute or rule of this state or of the United
States.
(2) No political subdivision shall enact, adopt, or continue
in effect local legislation relating to the registration,
packaging, labeling, sale, storage, distribution, use, or
application of fertilizers.
Sec. 905.99. Whoever violates section 905.02, 905.04,
905.08, 905.11, 905.32, 905.33, 905.331, 905.35, 905.36, 905.40,
905.42, 905.43, 905.44, 905.45, 905.50, 905.52, 905.54, 905.55,
905.59, 905.60, or 905.61 of the Revised Code this chapter or
rules adopted under it is guilty of a misdemeanor of the second
third degree for on a first offense. On each subsequent offense
the offender is guilty of, a misdemeanor of the second degree on a
second offense, and a misdemeanor of the first degree on a third
or subsequent offense.
Sec. 907.111. (A) The department of agriculture has sole and
exclusive authority to regulate the registration, labeling, sale,
storage, transportation, distribution, notification of use, use,
and planting of seed within the state. The regulation of seed is a
matter of general statewide interest that requires uniform
statewide regulation, and this chapter and rules adopted under it
constitute a comprehensive plan with respect to all aspects of the
regulation of seed within this state.
(B) No political subdivision shall do any of the following:
(1) Regulate the registration, labeling, sale, storage,
transportation, distribution, notification of use, use, or
planting of seed;
(2) Require a person who has been issued a permit or license
under this chapter to obtain a permit or license to operate in a
manner described in this chapter or to satisfy any other condition
except as provided by a statute or rule of this state or of the
United States;
(3) Require a person who has registered a legume innoculant
under this chapter to register that innoculant in a manner
described in this chapter or to satisfy any other condition except
as provided by a statute or rule of this state or of the United
States.
(C) No political subdivision shall enact, adopt, or continue
in effect local legislation relating to the permitting or
licensure of any person who is required to obtain a permit or
license under this chapter or to the registration, labeling, sale,
storage, transportation, distribution, notification of use, use,
or planting of seed.
(D) As used in this section, "political subdivision" and
"local legislation" have the same meanings as in section 905.501
905.503 of the Revised Code.
Sec. 921.06. (A)(1) No individual shall do any of the
following without having a commercial applicator license issued by
the director of agriculture:
(a) Apply pesticides for a pesticide business without direct
supervision;
(b) Apply pesticides as part of the individual's duties while
acting as an employee of the United States government, a state,
county, township, or municipal corporation, or a park district,
port authority, or sanitary district created under Chapter 1545.,
4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use pesticides. Division (A)(1)(c) of
this section does not apply to a private applicator or an
immediate family member or a subordinate employee of a private
applicator who is acting under the direct supervision of that
private applicator.
(d) If the individual is the owner of a business other than a
pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible sites that
are located on the property:
(i) Food service operations that are licensed under Chapter
3717. of the Revised Code;
(ii) Retail food establishments that are licensed under
Chapter 3717. of the Revised Code;
(iv) Rental properties of more than four apartment units at
one location;
(v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education educational service center, a community school
established under Chapter 3314. of the Revised Code, or a
chartered or nonchartered nonpublic school that meets minimum
standards established by the state board of education;
(viii) Colleges as defined in section 3365.01 of the Revised
Code;
(ix) Food processing establishments as defined in section
3715.021 of the Revised Code;
(x) Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator.
(3) Licenses shall be issued for a period of time established
by rule and shall be renewed in accordance with deadlines
established by rule. The fee for each such license shall be
established by rule. If a license is not issued or renewed, the
application fee shall be retained by the state as payment for the
reasonable expense of processing the application. The director
shall by rule classify by pesticide-use category licenses to be
issued under this section. A single license may include more than
one pesticide-use category. No individual shall be required to pay
an additional license fee if the individual is licensed for more
than one category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture
whose job duties require licensure as a commercial applicator as a
condition of employment.
(B) Application for a commercial applicator license shall be
made on a form prescribed by the director. Each application for a
license shall state the pesticide-use category or categories of
license for which the applicant is applying and other information
that the director determines essential to the administration of
this chapter.
(C) If the director finds that the applicant is competent to
apply pesticides and conduct diagnostic inspections and that the
applicant has passed both the general examination and each
applicable pesticide-use category examination as required under
division (A) of section 921.12 of the Revised Code, the director
shall issue a commercial applicator license limited to the
pesticide-use category or categories for which the applicant is
found to be competent. If the director rejects an application, the
director may explain why the application was rejected, describe
the additional requirements necessary for the applicant to obtain
a license, and return the application. The applicant may resubmit
the application without payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be
deemed to hold a private applicator's license for purposes of
applying pesticides on agricultural commodities that are produced
by the commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
(E) If a commercial applicator has been certified under
section 905.321 of the Revised Code and applicable rules, the
director shall indicate on the applicator's license an
agricultural nutrient pesticide-use category. As used in this
division, "agricultural nutrient" means fertilizer as defined in
section 905.31 of the Revised Code.
(F) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.11. (A)(1) No individual shall apply restricted use
pesticides unless the individual is one of the following:
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section;
(c) A trained serviceperson who is acting under the direct
supervision of a commercial applicator;
(d) An immediate family member or a subordinate employee of a
private applicator who is acting under the direct supervision of
that private applicator.
(2) No individual shall directly supervise the application of
a restricted use pesticide unless the individual is one of the
following:
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section.
(B) The director of agriculture shall adopt rules to
establish standards and procedures for the licensure of private
applicators. An individual shall apply for a private applicator
license to the director, on forms prescribed by the director. The
individual shall include in the application the pesticide-use
category or categories of the license for which the individual is
applying and any other information that the director determines is
essential to the administration of this chapter. The fee for each
license shall be established by rule. Licenses shall be issued for
a period of time established by rule and shall be renewed in
accordance with deadlines established by rule. If a license is not
issued or renewed, the state shall retain any fee submitted as
payment for reasonable expenses of processing the application.
(C) An individual who is licensed under this section shall
use or directly supervise the use of a restricted use pesticide
only for the purpose of producing agricultural commodities on
property that is owned or rented by the individual or the
individual's employer.
(D) If a private applicator has been certified under section
905.321 of the Revised Code and applicable rules, the director
shall indicate on the applicator's license an agricultural
nutrient pesticide-use category. As used in this division,
"agricultural nutrient" means fertilizer as defined in section
905.31 of the Revised Code.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.16. (A) The director of agriculture shall adopt
rules the director determines necessary for the effective
enforcement and administration of this chapter. The rules may
relate to, but are not limited to, the time, place, manner, and
methods of application, materials, and amounts and concentrations
of application of pesticides, may restrict or prohibit the use of
pesticides in designated areas during specified periods of time,
and shall encompass all reasonable factors that the director
determines necessary to minimize or prevent damage to the
environment. In addition, the rules shall establish the deadlines
and time periods for registration, registration renewal, late
registration renewal, and failure to register under section 921.02
of the Revised Code; the fees for registration, registration
renewal, late registration renewal, and failure to register under
section 921.02 of the Revised Code that shall apply until the fees
that are established under that section take effect on January 1,
2007; and the fees, deadlines, and time periods for licensure and
license renewal under sections 921.06, 921.09, 921.11, and 921.13
of the Revised Code.
(B) The director shall adopt rules that establish a schedule
of civil penalties for violations of this chapter, or any rule or
order adopted or issued under it, provided that the civil penalty
for a first violation shall not exceed five thousand dollars and
the civil penalty for each subsequent violation shall not exceed
ten thousand dollars. In determining the amount of a civil penalty
for a violation, the director shall consider factors relevant to
the severity of the violation, including past violations and the
amount of actual or potential damage to the environment or to
human beings. All money collected under this division shall be
credited to the pesticide, fertilizer, and lime program fund
created in section 921.22 of the Revised Code.
(C) The director shall adopt rules that set forth the
conditions under which the director:
(1) Requires that notice or posting be given of a proposed
application of a pesticide;
(2) Requires inspection, condemnation, or repair of equipment
used to apply a pesticide;
(3) Will suspend, revoke, or refuse to issue any pesticide
registration for a violation of this chapter;
(4) Requires safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;
(5) Ensures the protection of the health and safety of
agricultural workers storing, handling, or applying pesticides,
and all residents of agricultural labor camps, as that term is
defined in section 3733.41 of the Revised Code, who are living or
working in the vicinity of pesticide-treated areas;
(6) Requires a record to be kept of all pesticide
applications made by each commercial applicator and by any trained
serviceperson acting under the commercial applicator's direct
supervision and of all restricted use pesticide applications made
by each private applicator and by any immediate family member or
subordinate employee of that private applicator who is acting
under the private applicator's direct supervision as required
under section 921.14 of the Revised Code;
(7) Determines the pesticide-use categories of diagnostic
inspections that must be conducted by a commercial applicator;
(8) Requires a record to be kept of all diagnostic
inspections conducted by each commercial applicator and by any
trained service person.
(D) The director shall prescribe standards for the licensure
of applicators of pesticides consistent with those prescribed by
the federal act and the regulations adopted under it or prescribe
standards that are more restrictive than those prescribed by the
federal act and the regulations adopted under it. The standards
may relate to the use of a pesticide or to an individual's
pesticide-use category.
The director shall take into consideration standards of the
United States environmental protection agency.
(E) The director may adopt rules setting forth the conditions
under which the director will:
(1) Collect and examine samples of pesticides or devices;
(2) Specify classes of devices that shall be subject to this
chapter;
(3) Prescribe other necessary registration information.
(F) The director may adopt rules that do either or both of
the following:
(1) Designate, in addition to those restricted uses so
classified by the administrator of the United States environmental
protection agency, restricted uses of pesticides for the state or
for designated areas within the state and, if the director
considers it necessary, to further restrict such use;
(2) Define what constitutes "acting under the instructions
and control of a commercial applicator" as used in the definition
of "direct supervision" in division (Q)(1) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of this
section, the director shall consider the factors associated with
the use of pesticide in the various pesticide-use categories.
Based on consideration of the factors, the director may define
"acting under the instructions and control of a commercial
applicator" to include communications between a commercial
applicator and a trained serviceperson that are conducted via
landline telephone or a means of wireless communication. Any rules
adopted under division (F)(2) of this section shall be drafted in
consultation with representatives of the pesticide industry.
(G) Except as provided in division (D) of this section, the
director shall not adopt any rule under this chapter that is
inconsistent with the requirements of the federal act and
regulations adopted thereunder.
(H) The director, after notice and opportunity for hearing,
may declare as a pest any form of plant or animal life, other than
human beings and other than bacteria, viruses, and other
microorganisms on or in living human beings or other living
animals, that is injurious to health or the environment.
(I) The director may make reports to the United States
environmental protection agency, in the form and containing the
information the agency may require.
(J) The director shall adopt rules for the application, use,
storage, and disposal of pesticides if, in the director's
judgment, existing programs of the United States environmental
protection agency necessitate such rules or pesticide labels do
not sufficiently address issues or situations identified by the
department of agriculture or interested state agencies.
(K) The director shall adopt rules establishing all of the
following:
(1) Standards, requirements, and procedures for the
examination and re-examination of commercial applicators and
private applicators;
(2) With respect to training programs that the director may
require commercial applicators and private applicators to
complete:
(a) Standards and requirements that a training program must
satisfy in order to be offered by the director or the director's
representative or in order to be approved by the director if a
third party wishes to offer it;
(b) Eligibility standards and requirements that must be
satisfied by third parties who wish to provide the training
programs;
(c) Procedures that third parties must follow in order to
submit a proposed training program to the director for approval;
(d) Criteria that the director must consider when determining
whether to authorize a commercial applicator or private applicator
to participate in a training program instead of being required to
pass a re-examination.;
(3) Training requirements for a trained serviceperson;
(4) Pesticide-use categories for commercial applicator
licenses and private applicator licenses, including an
agricultural nutrient pesticide-use category. As used in division
(K)(4) of this section, "agricultural nutrient" means fertilizer
as defined in section 905.31 of the Revised Code.
(L) The director shall adopt all rules under this chapter in
accordance with Chapter 119. of the Revised Code.
Sec. 941.14. (A) The owner shall burn the body of an animal
that has died of, or been destroyed because of, a dangerously
infectious or contagious disease, bury it not less than four feet
under the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 953.26 or 1511.022 1511.024 of the Revised Code within
twenty-four hours after knowledge thereof or after notice in
writing from the department of agriculture.
(B) The owner of premises that contain a dead animal shall
burn the body of the animal, bury it not less than four feet
beneath the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 953.26 or 1511.022 1511.024 of the Revised Code within a
reasonable time after knowledge thereof or after notice in writing
from the department or from the township trustees of the township
in which the owner's premises are located.
(C) Notwithstanding division (A) or (B) of this section, the
director of agriculture, in written notice sent to the owner of a
dead animal, may require the owner to employ a specific method of
disposition of the body, including burning, burying, rendering,
composting, or alkaline hydrolysis, when that method does not
conflict with any law or rule governing the disposal of infectious
wastes and, in the director's judgment, is necessary for purposes
of animal disease control. No person shall fail to employ the
method of disposition required under this division.
(D) The director, in written notice sent to the owner of a
dead animal, may prohibit the owner from transporting the body of
the dead animal on any street or highway if that prohibition does
not conflict with any law or rule governing the transportation of
infectious wastes and, in the director's judgment, is necessary
for purposes of animal disease control. No person shall fail to
comply with a prohibition issued under this division.
(E) As used in this section, "infectious wastes" has the same
meaning as in section 3734.01 of the Revised Code, and "street" or
"highway" has the same meaning as in section 4511.01 of the
Revised Code.
Sec. 953.22. (A) No person shall engage in the business of
disposing of, picking up, rendering, or collecting raw rendering
material or transporting the material to a composting facility
without a license to do so from the department of agriculture.
(B) This chapter does not apply to any of the following:
(1) A farmer who slaughters the farmer's own animals, raised
by the farmer on the farmer's own farm, processes the farmer's own
meat therefrom, and disposes of the farmer's raw rendering
material only by delivery to a person licensed under section
953.23 of the Revised Code;
(2) A person whose only connection with raw rendering
material is curing hides and skins;
(3) A person whose only connection with raw rendering
material is operating a pet cemetery;
(4) A person who is conducting composting, as defined in
section 1511.01 of the Revised Code, in accordance with section
1511.022 1511.024 of the Revised Code;
(5) A person whose only connection with raw rendering
material is trapping wild animals in accordance with a nuisance
wild animal permit issued by the chief of the division of wildlife
in the department of natural resources under rules adopted
pursuant to section 1531.08 of the Revised Code;
(6) A county dog warden or animal control officer who
transports raw rendering material only for disposal purposes.
Sec. 1511.01. For the purposes of this chapter:
(A) "Conservation" means the wise use and management of
natural resources.
(B) "Critical natural resource area" means an area identified
by the director of natural resources in which occurs a natural
resource that requires special management because of its
importance to the well-being of the surrounding communities, the
region, or the state.
(C) "Pollution abatement practice" means any erosion control
or animal waste agricultural pollution abatement facility,
structure, or procedure and the operation and management
associated with it as contained in operation and management plans
developed or approved by the chief of the division of soil and
water resources or by soil and water conservation districts
established under Chapter 1515. of the Revised Code.
(D) "Agricultural pollution" means failure to use management
or conservation practices in farming or silvicultural agricultural
operations to abate wind or water erosion of the soil or to abate
the degradation of the waters of the state by animal waste or soil
sediment, including substances attached thereto nutrients, manure,
animal bedding, wash waters, waste feed, or silage drainage.
(E) "Waters of the state" means all streams, lakes, ponds,
wetlands, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, and all other bodies or accumulations
of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water
is located, that are situated wholly or partly within, or border
upon, this state or are within its jurisdiction, except those
private waters that do not combine or effect a junction with
natural surface or underground waters.
(F) "Operation and management plan" means a written
record,
developed or approved by the district board of supervisors or the
chief, for the owner or operator of agricultural land or a
concentrated animal feeding operation that contains implementation
schedules and operational procedures for a level of management and
pollution abatement practices that will abate the degradation of
the waters of the state by animal waste and by soil sediment
including attached pollutants plan developed under section
1511.021 of the Revised Code, including a plan required by an
order issued by the chief of the division of soil and water
resources under division (G) of section 1511.02 of the Revised
Code.
(G) "Animal waste" "Manure" means animal excreta, discarded
products, bedding, wash waters, waste feed, and silage drainage.
"Animal waste" also includes the compost products resulting from
the composting of dead animals in operations subject to section
1511.022 of the Revised Code when either of the following applies:
(1) The composting is conducted by the person who raises the
animals and the compost product is used in agricultural operations
owned or operated by that person, regardless of whether the person
owns the animals;
(2) The composting is conducted by the person who owns the
animals, but does not raise them and the compost product is used
in agricultural operations either by a person who raises the
animals or by a person who raises grain that is used to feed them
and that is supplied by the owner of the animals.
(H) "Composting" means the controlled decomposition of
organic solid material consisting of dead animals that stabilizes
the organic fraction of the material.
(I) "Nutrient" means a primary chemical element that is
essential to plant nutrition.
(J) "Nutrient management plan" means a component of an
operation and management plan that contains implementation
schedules and operating procedures specific to nutrient
management.
(K) "Animal feeding operation" means an agricultural
operation where agricultural animals that are capable of producing
at least three hundred fifty tons or one hundred thousand gallons
of manure in a calendar year are kept and raised in confined
areas. "Animal feeding operation" does not include a facility that
is issued any type of permit by the department of agriculture or
the environmental protection agency.
(L) "Soil and water conservation district" has the same
meaning as in section 1515.01 of the Revised Code.
Sec. 1511.02. The chief of the division of soil and water
resources, subject to the approval of the director of natural
resources, shall do all of the following:
(A) Provide administrative leadership to local soil and water
conservation districts in planning, budgeting, staffing, and
administering district programs and the training of district
supervisors and personnel in their duties, responsibilities, and
authorities as prescribed in this chapter and Chapter 1515. of the
Revised Code;
(B) Administer this chapter and Chapter 1515. of the Revised
Code pertaining to state responsibilities and provide staff
assistance to the Ohio soil and water conservation commission in
exercising its statutory responsibilities;
(C) Assist in expediting state responsibilities for watershed
development and other natural resource conservation works of
improvement;
(D) Coordinate the development and implementation of
cooperative programs and working agreements between local soil and
water conservation districts and divisions or sections of the
department of natural resources, or other agencies of local,
state, and federal government;
(E) Subject to the approval of the Ohio soil and water
conservation commission, adopt, amend, or rescind rules pursuant
to Chapter 119. of the Revised Code. Rules adopted pursuant to
this section:
(1) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices in farming or silvicultural agricultural
operations that will abate wind or water erosion of the soil or
abate the degradation of the waters of the state by animal waste
or by soil sediment including substances attached thereto,
agricultural pollution and establish criteria for determination of
the acceptability of such management and conservation practices;
(2) Shall establish technically feasible and economically
reasonable standards to achieve a level of management and
conservation practices that will abate wind or water erosion of
the soil or abate the degradation of the waters of the state by
soil sediment in conjunction with land grading, excavating,
filling, or other soil-disturbing activities on land used or being
developed for nonfarm commercial, industrial, residential, or
other nonfarm purposes, and establish criteria for determination
of the acceptability of such management and conservation
practices. The standards shall be designed to implement applicable
areawide waste treatment management plans prepared under section
208 of the "Federal Water Pollution Control Act," 86 Stat. 816
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria
shall not apply in any municipal corporation or county that adopts
ordinances or rules pertaining to sediment control, nor to lands
being used in a strip mine operation as defined in section 1513.01
of the Revised Code, nor to lands being used in a surface mining
operation as defined in section 1514.01 of the Revised Code.
(3) May recommend criteria and procedures for the approval of
urban sediment pollution abatement plans and issuance of permits
prior to any grading, excavating, filling, or other whole or
partial disturbance of five or more contiguous acres of land owned
by one person or operated as one development unit and require
implementation of such a plan. Areas of less than five contiguous
acres are not exempt from compliance with other provisions of this
chapter and rules adopted under them.
(4) Shall establish procedures for administration of rules
for agricultural pollution abatement and urban sediment pollution
abatement and for enforcement of rules for agricultural pollution
abatement;
(5) Shall specify the pollution abatement practices eligible
for state cost sharing and determine the conditions for
eligibility, the construction standards and specifications, the
useful life, the maintenance requirements, and the limits of cost
sharing for those practices. Eligible practices shall be limited
to practices that address agricultural or silvicultural operations
and that require expenditures that are likely to exceed the
economic returns to the owner or operator and that abate soil
erosion or degradation of the waters of the state by animal waste
or soil sediment including pollutants attached thereto
agricultural pollution.
(6) Shall establish procedures for administering grants to
owners or operators of agricultural land or concentrated animal
feeding operations for the implementation of operation and
management plans;
(7) Shall establish procedures for administering grants to
soil and water conservation districts for urban sediment pollution
abatement programs, specify the types of projects eligible for
grants, establish limits on the availability of grants, and
establish requirements governing the execution of projects to
encourage the reduction of erosion and sedimentation associated
with soil-disturbing activities;
(8) Shall do all of the following with regard to composting
conducted in conjunction with agricultural operations:
(a) Provide for the distribution of educational material
concerning composting to the offices of the Ohio cooperative
extension service for the purposes of section 1511.022 1511.024 of
the Revised Code;
(b) Establish methods, techniques, or practices for
composting dead animals, or particular types of dead animals, that
are to be used at such operations, as the chief considers to be
necessary or appropriate;
(c) Establish requirements and procedures governing the
review and approval or disapproval of composting plans by the
supervisors of soil and water conservation districts under
division (Q)(P) of section 1515.08 of the Revised Code.
(9) Shall be adopted, amended, or rescinded after the chief
does all of the following:
(a) Mails notice to each statewide organization that the
chief determines represents persons or local governmental agencies
who would be affected by the proposed rule, amendment thereto, or
rescission thereof at least thirty-five days before any public
hearing thereon;
(b) Mails a copy of each proposed rule, amendment thereto, or
rescission thereof to any person who requests a copy, within five
days after receipt of the request;
(c) Consults with appropriate state and local governmental
agencies or their representatives, including statewide
organizations of local governmental officials, industrial
representatives, and other interested persons;
(d) If the rule relates to agricultural pollution abatement,
develops an economic impact statement concerning the effect of the
proposed rule or amendment.
(10) Shall not conflict with air or water quality standards
adopted pursuant to section 3704.03 or 6111.041 of the Revised
Code. Compliance with rules adopted pursuant to this section does
not affect liability for noncompliance with air or water quality
standards adopted pursuant to section 3704.03 or 6111.041 of the
Revised Code. The application of a level of management and
conservation practices recommended under this section to control
windblown soil from farming operations creates a presumption of
compliance with section 3704.03 of the Revised Code as that
section applies to windblown soil.
(11) Insofar as the rules relate to urban sediment pollution,
shall not be applicable in a municipal corporation or county that
adopts ordinances or rules for urban sediment control, except that
a municipal corporation or county that adopts such ordinances or
rules may receive moneys for urban sediment control that are
disbursed by the board of supervisors of the applicable soil and
water conservation district under division (N) of section 1515.08
of the Revised Code. The rules shall not exempt any person from
compliance with municipal ordinances enacted pursuant to Section 3
of Article XVIII, Ohio Constitution.
(F) Cost share with landowners on practices established
pursuant to division (E)(5) of this section as moneys are
appropriated and available for that purpose. Any practice for
which cost share is provided shall be maintained for its useful
life. Failure to maintain a cost share practice for its useful
life shall subject the landowner to full repayment to the
division.
(G) Issue orders requiring compliance with any rule adopted
under division (E)(1) of this section or with section 1511.022
1511.024 of the Revised Code. Before the chief issues an order,
the chief shall afford each person allegedly liable an
adjudication hearing under Chapter 119. of the Revised Code. The
chief may require in an order that a person who has caused
agricultural pollution by failure to comply with the standards
established under division (E)(1) of this section operate under an
operation and management plan approved by the chief under this
section. The chief shall require in an order that a person who has
failed to comply with division (A) of section 1511.022 1511.024 of
the Revised Code prepare a composting plan in accordance with
rules adopted under division (E)(10)(c) of this section and
operate in accordance with that plan or that a person who has
failed to operate in accordance with such a plan begin to operate
in accordance with it. Each order shall be issued in writing and
contain a finding by the chief of the facts upon which the order
is based and the standard that is not being met.
(H) Employ field assistants and such other employees as are
necessary for the performance of the work prescribed by Chapter
1515. of the Revised Code, for performance of work of the
division, and as agreed to under working agreements or contractual
arrangements with local soil and water conservation districts,
prescribe their duties, and fix their compensation in accordance
with such schedules as are provided by law for the compensation of
state employees.
All employees of the division, unless specifically exempted
by law, shall be employed subject to the classified civil service
laws in force at the time of employment.
(I) In connection with new or relocated projects involving
highways, underground cables, pipelines, railroads, and other
improvements affecting soil and water resources, including surface
and subsurface drainage:
(1) Provide engineering service as is mutually agreeable to
the Ohio soil and water conservation commission and the director
of natural resources to aid in the design and installation of soil
and water conservation practices as a necessary component of such
projects;
(2) Maintain close liaison between the owners of lands on
which the projects are executed, local soil and water conservation
districts, and authorities responsible for such projects;
(3) Review plans for such projects to ensure their compliance
with standards developed under division (E) of this section in
cooperation with the department of transportation or with any
other interested agency that is engaged in soil or water
conservation projects in the state in order to minimize adverse
impacts on soil and water resources adjacent to or otherwise
affected by these projects;
(4) Recommend measures to retard erosion and protect soil and
water resources through the installation of water impoundment or
other soil and water conservation practices;
(5) Cooperate with other agencies and subdivisions of the
state to protect the agricultural status of rural lands adjacent
to such projects and control adverse impacts on soil and water
resources.
(J) Collect, analyze, inventory, and interpret all available
information pertaining to the origin, distribution, extent, use,
and conservation of the soil resources of the state;
(K) Prepare and maintain up-to-date reports, maps, and other
materials pertaining to the soil resources of the state and their
use and make that information available to governmental agencies,
public officials, conservation entities, and the public;
(L) Provide soil and water conservation districts with
technical assistance including on-site soil investigations and
soil interpretation reports on the suitability or limitations of
soil to support a particular use or to plan soil conservation
measures. The assistance shall be upon such terms as are mutually
agreeable to the districts and the department of natural
resources.
(M) Assist local government officials in utilizing land use
planning and zoning, current agricultural use value assessment,
development reviews, and land management activities;
(N) When necessary for the purposes of this chapter or
Chapter 1515. of the Revised Code, develop or approve operation
and management plans.
This section does not restrict the excrement of domestic or
farm animals manure defecated on land outside a concentrated an
animal feeding operation or runoff therefrom into the waters of
the state.
Sec. 1511.021. (A) Any of the following may develop an
operation and management plan in accordance with the standards
established in rules adopted under division (E)(1) of section
1511.02 of the Revised Code for a person who owns or operates
agricultural land or an animal feeding operation:
(1) The chief of the division of soil and water resources;
(2) The supervisors of the soil and water conservation
district in which the agricultural land or animal feeding
operation is located;
(3) A designee of the chief.
(B) If a designee of the chief develops an operation and
management plan under division (A) of this section, the chief
shall approve the plan prior to its implementation.
(C) In addition to the standards established in rules adopted
under division (E)(1) of section 1511.02 of the Revised Code, an
operation and management plan shall include implementation
schedules and operational procedures for a level of management and
pollution abatement practices that will abate degradation of the
waters of the state caused by agricultural pollution. An operation
and management plan may include a nutrient management plan.
Sec. 1511.021 1511.022. (A) Any person who owns or operates
agricultural land or a concentrated an animal feeding operation
may develop and operate under an operation and management plan
approved by the chief of the division of soil and water resources
under section 1511.02 of the Revised Code or by the supervisors of
the local soil and water conservation district under section
1515.08 of the Revised Code.
(B) Any person who wishes to make a complaint regarding
nuisances involving agricultural pollution may do so orally or by
submitting a written, signed, and dated complaint to the chief of
the division of soil and water resources or to the chief's
designee. After receiving an oral complaint, the chief or the
chief's designee may cause an investigation to be conducted to
determine whether agricultural pollution has occurred or is
imminent. After receiving a written, signed, and dated complaint,
the chief or the chief's designee shall cause such an
investigation to be conducted.
(C) In a private civil action for nuisances involving
agricultural pollution, it is an affirmative defense if the person
owning, operating, or otherwise responsible for agricultural land
or a concentrated an animal feeding operation is operating under
and in substantial compliance with an approved operation and
management plan developed under division (A) of this section, with
an operation and management plan developed by the chief under
section 1511.02 of the Revised Code or by the supervisors of the
local soil and water conservation district under section 1515.08
of the Revised Code, or with an operation and management plan
required by an order issued by the chief under division (G) of
section 1511.02 of the Revised Code. Nothing in this section is in
derogation of the authority granted to the chief in division (E)
of section 1511.02 and in section 1511.07 of the Revised Code.
Sec. 1511.023. (A) Except as provided in division (B) of
this section, the director of natural resources, an employee of
the department of natural resources, the supervisors of a soil and
water conservation district, an employee of a district, and a
contractor of the department or a district shall not disclose
either of the following:
(1) Information, including data from geographic information
systems and global positioning systems, provided by a person who
owns or operates agricultural land or an animal feeding operation
and operates under an operation and management plan;
(2) Information gathered as a result of an inspection of
agricultural land or an animal feeding operation to determine
whether the person who owns or operates the land or operation is
in compliance with an operation and management plan.
(B) The director or the supervisors of a district may release
or disclose information specified in division (A) of this section
to a person or a federal, state, or local agency working in
cooperation with the chief of the division of soil and water
resources or the supervisors in the development of an operation
and management plan or an inspection to determine compliance with
such a plan if the director or supervisors determine that the
person or federal, state, or local agency will not subsequently
disclose the information to another person.
Sec. 1511.022 1511.024. (A) Any person who owns or operates
an agricultural operation, or owns the animals raised by the owner
or operator of an agricultural operation, and who wishes to
conduct composting of dead animals resulting from the agricultural
operation shall do both of the following:
(1) Participate in an educational course concerning
composting conducted by the Ohio cooperative extension service and
obtain a certificate of completion for the course;
(2) Use the appropriate method, technique, or practice of
composting established in rules adopted under division (E)(8) of
section 1511.02 of the Revised Code.
(B) Any person who fails to comply with division (A) of this
section shall prepare and operate under a composting plan in
accordance with an order issued by the chief of the division of
soil and water resources under division (G) of section 1511.02 of
the Revised Code. If the person's proposed composting plan is
disapproved by the board of supervisors of the appropriate soil
and water conservation district under division (Q)(P)(3) of
section 1515.08 of the Revised Code, the person may appeal the
plan disapproval to the chief, who shall afford the person a
hearing. Following the hearing, the chief shall uphold the plan
disapproval or reverse it. If the chief reverses the disapproval,
the plan shall be deemed approved.
Sec. 1511.07. (A)(1) No person shall fail to comply with an
order of the chief of the division of soil and water resources
issued pursuant to division (G) of section 1511.02 of the Revised
Code.
(2) In addition to the remedies provided and irrespective of
whether an adequate remedy at law exists, the chief may apply to
the court of common pleas in the county where a violation of a
standard established under division (E)(1) or (8)(b) of section
1511.02 of the Revised Code causes pollution of the waters of the
state for an order to compel the violator to cease the violation
and to remove the agricultural pollutant or to comply with the
rules adopted under division (E)(8)(b) of that section, as
appropriate.
(3) In addition to the remedies provided and irrespective of
whether an adequate remedy at law exists, whenever the chief
officially determines that an emergency exists because of
agricultural pollution or an unauthorized release, spill, or
discharge of animal waste manure, or a violation of a rule adopted
under division (E)(8)(b) of section 1511.02 of the Revised Code,
that causes pollution of the waters of the state, the chief may,
without notice or hearing, issue an order reciting the existence
of the emergency and requiring that necessary action be taken to
meet the emergency. The order shall be effective immediately. Any
person to whom the order is directed shall comply with the order
immediately, but on application to the chief shall be afforded a
hearing as soon as possible, but not later than twenty days after
making the application. On the basis of the hearing, the chief
shall continue the order in effect, revoke it, or modify it. No
emergency order shall remain in effect for more than sixty days
after its issuance. If a person to whom an order is issued does
not comply with the order within a reasonable period, as
determined by the chief, the chief or the chief's designee may
enter upon private or public lands and take action to mitigate,
minimize, remove, or abate the agricultural pollution, release,
spill, discharge, or conditions caused by the violation of the
rule.
(B) The attorney general, upon the written request of the
chief, shall bring appropriate legal action in Franklin county
against any person who fails to comply with an order of the chief
issued pursuant to division (G) of section 1511.02 of the Revised
Code.
Sec. 1511.071. There is hereby created in the state treasury
the agricultural pollution abatement fund, which shall be
administered by the chief of the division of soil and water
resources. The fund may be used to pay costs incurred by the
division under division (A)(3) of section 1511.07 of the Revised
Code in investigating, mitigating, minimizing, removing, or
abating any pollution of the waters of the state caused by
agricultural pollution or an unauthorized release, spill, or
discharge of animal waste manure into or upon the environment that
requires emergency action to protect the public health.
Any person responsible for causing or allowing agricultural
pollution or an unauthorized release, spill, or discharge is
liable to the chief for any costs incurred by the division and
soil and water conservation districts in investigating,
mitigating, minimizing, removing, or abating the agricultural
pollution or release, spill, or discharge, regardless of whether
those costs were paid out of the agricultural pollution abatement
fund or any other fund of the division or a district. Upon the
request of the chief, the attorney general shall bring a civil
action against the responsible person to recover those costs.
Moneys recovered under this section shall be paid into the
agricultural pollution abatement fund.
Sec. 1515.01. As used in this chapter:
(A) "Soil and water conservation district" means a district
organized in accordance with this chapter.
(B) "Supervisor" means one of the members of the governing
body of a district.
(C) "Landowner," "owner," or "owner of land" means an owner
of record as shown by the records in the office of the county
recorder. With respect to an improvement or a proposed
improvement, "landowner," "owner," or "owner of land" also
includes any public corporation and the director of any
department, office, or institution of the state that is affected
by the improvement or that would be affected by the proposed
improvement, but that does not own any right, title, estate, or
interest in or to any real property.
(D) "Land occupier" or "occupier of land" means any person,
firm, or corporation that controls the use of land whether as
landowner, lessee, renter, or tenant.
(E) "Due notice" means notice published at least twice,
stating time and place, with an interval of at least thirteen days
between the two publication dates, in a newspaper of general
circulation within a soil and water conservation district.
(F) "Agricultural pollution" means failure to use management
or conservation practices in farming or silvicultural operations
to abate wind or water erosion of the soil or to abate the
degradation of the waters of the state by animal waste or soil
sediment including substances attached thereto has the same
meaning as in section 1511.01 of the Revised Code.
(G) "Urban sediment pollution" means failure to use
management or conservation practices to abate wind or water
erosion of the soil or to abate the degradation of the waters of
the state by soil sediment in conjunction with land grading,
excavating, filling, or other soil disturbing activities on land
used or being developed for nonfarm commercial, industrial,
residential, or other nonfarm purposes, except lands being used in
a strip mine operation as defined in section 1513.01 of the
Revised Code and except lands being used in a surface mining
operation as defined in section 1514.01 of the Revised Code.
(H) "Uniform assessment" means an assessment that is both of
the following:
(1) Based upon a complete appraisal of each parcel of land,
together with all improvements thereon, within a project area and
of the benefits or damages brought about as a result of the
project that is determined by criteria applied equally to all
parcels within the project area;
(2) Levied upon the parcels at a uniform rate on the basis of
the appraisal.
(I) "Varied assessment" means any assessment that does not
meet the criteria established in division (H) of this section.
(J) "Project area" means an area determined and certified by
the supervisors of a soil and water conservation district under
section 1515.19 of the Revised Code.
(K) "Benefit" or "benefits" means advantages to land and
owners, to public corporations, and to the state resulting from
drainage, conservation, control, and management of water and from
environmental, wildlife, and recreational improvements. "Benefit"
or "benefits" includes, but is not limited to, any of the
following factors:
(1) Elimination or reduction of damage from flooding;
(2) Removal of water conditions that jeopardize public
health, safety, or welfare;
(3) Increased value of land resulting from an improvement;
(4) Use of water for irrigation, storage, regulation of
stream flow, soil conservation, water supply, or any other
incidental purpose;
(5) Providing an outlet for the accelerated runoff from
artificial drainage if a stream, watercourse, channel, or ditch
that is under improvement is called upon to discharge functions
for which it was not designed. Uplands that have been removed from
their natural state by deforestation, cultivation, artificial
drainage, urban development, or other human methods shall be
considered to be benefited by an improvement that is required to
dispose of the accelerated flow of water from the uplands.
(L) "Improvement" or "conservation works of improvement"
means an improvement that is made under the authority established
in division (C) of section 1515.08 of the Revised Code.
(M) "Land" has the same meaning as in section 6131.01 of the
Revised Code.
Sec. 1515.02. There is hereby established in the department
of natural resources the Ohio soil and water conservation
commission. The commission shall consist of seven members of equal
status and authority, four six of whom shall be appointed by the
governor with the advice and consent of the senate, and one of
whom shall be designated by resolution of the board of directors
of the Ohio federation of soil and water conservation districts.
The other two members shall be the director directors of
agriculture, environmental protection, and natural resources and
the vice-president for agricultural administration of the Ohio
state university. The director of natural resources may
participate in the deliberations or their designees may serve as
ex officio members of the commission, but without the power to
vote. A vacancy in the office of an appointed member shall be
filled by the governor, with the advice and consent of the senate.
Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. Of the
appointed members, two four shall be farmers and all shall be
persons who have a knowledge of or interest in soil- and
water-related topics and the natural resources of the state. Not
more than
two three of the appointed members shall be members of
the same political party.
Terms of office of the member designated by the board of
directors of the federation and the members appointed by the
governor shall be for four years, commencing on the first day of
July and ending on the thirtieth day of June.
Each appointed member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. Any appointed member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first.
The commission shall organize by selecting from its members a
chairperson and a vice-chairperson. The commission shall hold at
least one regular meeting in each quarter of each calendar year
and shall keep a record of its proceedings, which shall be open to
the public for inspection. Special meetings may be called by the
chairperson and shall be called by the chairperson upon receipt of
a written request signed by two or more members of the commission.
Written notice of the time and place of each meeting shall be sent
to each member of the commission. A majority of the commission
shall constitute a quorum.
The commission may adopt rules as necessary to carry out the
purposes of this chapter, subject to Chapter 119. of the Revised
Code.
The governor may remove any appointed member of the
commission at any time for inefficiency, neglect of duty, or
malfeasance in office, after giving to the member a copy of the
charges against the member and an opportunity to be heard publicly
in person or by counsel in the member's defense. Any such act of
removal by the governor is final. A statement of the findings of
the governor, the reason for the governor's action, and the
answer, if any, of the member shall be filed by the governor with
the secretary of state and shall be open to public inspection.
All members of the commission shall be reimbursed for the
necessary expenses incurred by them in the performance of their
duties as members.
Upon recommendation by the commission, the director of
natural resources shall designate an executive secretary and
provide staff necessary to carry out the powers and duties of the
commission. The commission may utilize the services of such staff
members in the college of agriculture of the Ohio state university
as may be agreed upon by the commission and the college.
The commission shall do all of the following:
(A) Determine distribution of funds under section 1515.14 of
the Revised Code, recommend to the director of natural resources
and other agencies the levels of appropriations to special funds
established to assist soil and water conservation districts, and
recommend the amount of federal funds to be requested and policies
for the use of such funds in support of soil and water
conservation district programs;
(B) Assist in keeping the supervisors of soil and water
conservation districts informed of their powers and duties,
program opportunities, and the activities and experience of all
other districts, and facilitate the interchange of advice,
experience, and cooperation between the districts;
(C) Seek the cooperation and assistance of the federal
government or any of its agencies, and of agencies of this state,
in the work of the districts;
(D) Adopt appropriate rules governing the conduct of
elections provided for in this chapter, subject to Chapter 119. of
the Revised Code, provided that only owners and occupiers of lands
situated within the boundaries of the districts or proposed
districts to which the elections apply shall be eligible to vote
in the elections;
(E) Recommend to the director priorities for planning and
construction of small watershed projects, and make recommendations
to the director concerning coordination of programs as proposed
and implemented in agreements with soil and water conservation
districts;
(F) Recommend to the director, the governor, and the general
assembly programs and legislation with respect to the operations
of soil and water conservation districts that will encourage
proper soil, water, and other natural resource management and
promote the economic and social development of the state.
Sec. 1515.08. The supervisors of a soil and water
conservation district have the following powers in addition to
their other powers:
(A) To conduct surveys, investigations, and research relating
to the character of soil erosion, floodwater and sediment damages,
and the preventive and control measures and works of improvement
for flood prevention and the conservation, development,
utilization, and disposal of water needed within the district, and
to publish the results of those surveys, investigations, or
research, provided that no district shall initiate any research
program except in cooperation or after consultation with the Ohio
agricultural research and development center;
(B) To develop plans for the conservation of soil resources,
for the control and prevention of soil erosion, and for works of
improvement for flood prevention and the conservation,
development, utilization, and disposal of water within the
district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate
preventive and control measures and other works of improvement for
natural resource conservation and development and flood
prevention, and the conservation, development, utilization, and
disposal of water within the district on lands owned or controlled
by this state or any of its agencies and on any other lands within
the district, which works may include any facilities authorized
under state or federal programs, and to acquire, by purchase or
gift, to hold, encumber, or dispose of, and to lease real and
personal property or interests in such property for those
purposes;
(D) To cooperate or enter into agreements with any occupier
of lands within the district in the carrying on of natural
resource conservation operations and works of improvement for
flood prevention and the conservation, development, utilization,
and management of natural resources within the district, subject
to such conditions as the supervisors consider necessary;
(E) To accept donations, gifts, grants, and contributions in
money, service, materials, or otherwise, and to use or expend them
according to their terms;
(F) To adopt, amend, and rescind rules to carry into effect
the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be sued
and impleaded in the name of the district, with respect to its
contracts and, as indicated in section 1515.081 of the Revised
Code, certain torts of its officers, employees, or agents acting
within the scope of their employment or official responsibilities,
or with respect to the enforcement of its obligations and
covenants made under this chapter;
(H) To make and enter into all contracts, leases, and
agreements and execute all instruments necessary or incidental to
the performance of the duties and the execution of the powers of
the district under this chapter, provided that all of the
following apply:
(1) Except as provided in section 307.86 of the Revised Code
regarding expenditures by boards of county commissioners, when the
cost under any such contract, lease, or agreement, other than
compensation for personal services or rental of office space,
involves an expenditure of more than the amount established in
that section regarding expenditures by boards of county
commissioners, the supervisors shall make a written contract with
the lowest and best bidder after advertisement, for not less than
two nor more than four consecutive weeks preceding the day of the
opening of bids, in a newspaper of general circulation within the
district or as provided in section 7.16 of the Revised Code and in
such other publications as the supervisors determine. The notice
shall state the general character of the work and materials to be
furnished, the place where plans and specifications may be
examined, and the time and place of receiving bids.
(2) Each bid for a contract shall contain the full name of
every person interested in it.
(3) Each bid for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement shall meet
the requirements of section 153.54 of the Revised Code.
(4) Each bid for a contract, other than a contract for the
construction, demolition, alteration, repair, or reconstruction of
an improvement, at the discretion of the supervisors, may be
accompanied by a bond or certified check on a solvent bank in an
amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into.
(5) The supervisors may reject any and all bids.
(I) To make agreements with the department of natural
resources giving it control over lands of the district for the
purpose of construction of improvements by the department under
section 1501.011 of the Revised Code;
(J) To charge, alter, and collect rentals and other charges
for the use or services of any works of the district;
(K) To enter, either in person or by designated
representatives, upon lands, private or public, in the necessary
discharge of their duties;
(L) To enter into agreements or contracts with the department
for the determination, implementation, inspection, and funding of
agricultural pollution abatement and urban sediment pollution
abatement measures whereby landowners, operators, managers, and
developers may meet adopted state standards for a quality
environment, except that failure of a district board of
supervisors to negotiate an agreement or contract with the
department shall authorize the division of soil and water
resources to implement the required program;
(M) To conduct demonstrations and provide information to the
public regarding practices and methods for natural resource
conservation, development, and utilization;
(N) To enter into contracts or agreements with the chief of
the division of soil and water resources to implement and
administer a program for urban sediment pollution abatement and to
receive and expend moneys provided by the chief for that purpose;
(O) To develop operation and management plans, as defined in
under section 1511.01 1511.021 of the Revised Code, as necessary;
(P) To determine whether operation and management plans
developed under division (A) of section 1511.021 of the Revised
Code comply with the standards established under division (E)(1)
of section 1511.02 of the Revised Code and to approve or
disapprove the plans, based on such compliance. If an operation
and management plan is disapproved, the board shall provide a
written explanation to the person who submitted the plan. The
person may appeal the plan disapproval to the chief, who shall
afford the person a hearing. Following the hearing, the chief
shall uphold the plan disapproval or reverse it. If the chief
reverses the plan disapproval, the plan shall be deemed approved
under this division. In the event that any person operating or
owning agricultural land or a concentrated animal feeding
operation in accordance with an approved operation and management
plan who, in good faith, is following that plan, causes
agricultural pollution, the plan shall be revised in a fashion
necessary to mitigate the agricultural pollution, as determined
and approved by the board of supervisors of the soil and water
conservation district.
(Q) With regard to composting conducted in conjunction with
agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect
composting at any such operation to determine whether the
composting is being conducted in accordance with section 1511.022
1511.024 of the Revised Code;
(2) If the board determines that composting is not being so
conducted, request the chief to issue an order under division (G)
of section 1511.02 of the Revised Code requiring the person who is
conducting the composting to prepare a composting plan in
accordance with rules adopted under division (E)(8)(c) of that
section and to operate in accordance with that plan or to operate
in accordance with a previously prepared plan, as applicable;
(3) In accordance with rules adopted under division (E)(8)(c)
of section 1511.02 of the Revised Code, review and approve or
disapprove any such composting plan. If a plan is disapproved, the
board shall provide a written explanation to the person who
submitted the plan.
As used in division (Q)(P) of this section, "composting" has
the same meaning as in section 1511.01 of the Revised Code.
(R)(Q) With regard to conservation activities that are
conducted in conjunction with agricultural operations, to assist
the county auditor, upon request, in determining whether a
conservation activity is a conservation practice for purposes of
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the
Revised Code.
As used in this division, "conservation practice" has the
same meaning as in section 5713.30 of the Revised Code.
(S)(R) To do all acts necessary or proper to carry out the
powers granted in this chapter.
The director of natural resources shall make recommendations
to reduce the adverse environmental effects of each project that a
soil and water conservation district plans to undertake under
division (A), (B), (C), or (D) of this section and that will be
funded in whole or in part by moneys authorized under section
1515.16 of the Revised Code and shall disapprove any such project
that the director finds will adversely affect the environment
without equal or greater benefit to the public. The director's
disapproval or recommendations, upon the request of the district
filed in accordance with rules adopted by the Ohio soil and water
conservation commission, shall be reviewed by the commission,
which may confirm the director's decision, modify it, or add
recommendations to or approve a project the director has
disapproved.
Any instrument by which real property is acquired pursuant to
this section shall identify the agency of the state that has the
use and benefit of the real property as specified in section
5301.012 of the Revised Code.
Sec. 3717.53. (A) As used in this section:
(1) "Food nutrition information" includes, but is not limited
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,
potassium, protein, vitamin, mineral, allergen, and sodium content
of food. "Food nutrition information" also includes the
designation of food as healthy or unhealthy.
(2) "Political subdivision" and "local legislation" have the
same meanings as in section 905.501 905.503 of the Revised Code.
(3) "Consumer incentive item" means any licensed media
character, toy, game, trading card, contest, point accumulation,
club membership, admission ticket, token, code or password for
digital access, coupon, voucher, incentive, crayons, coloring
placemat, or other premium, prize, or consumer product that is
associated with a meal served by or acquired from a food service
operation.
(B) The director of agriculture has sole and exclusive
authority in this state to regulate the provision of food
nutrition information and consumer incentive items at food service
operations. The director may adopt rules for that purpose in
accordance with Chapter 119. of the Revised Code, including rules
that establish a schedule of civil penalties for violations of
this section and rules adopted under it. Subject to the approval
of the joint committee on agency rule review, portions of the
rules may be adopted by referencing all or any part of any federal
regulations pertaining to the provision of food nutrition
information and consumer incentive items.
The regulation of the provision of food nutrition information
and consumer incentive items at food service operations and how
food service operations are characterized are matters of general
statewide interest that require statewide regulation, and rules
adopted under this section constitute a comprehensive plan with
respect to all aspects of the regulation of the provision of food
nutrition information and consumer incentive items at food service
operations in this state. Rules adopted under this section shall
be applied uniformly throughout this state.
(C) No political subdivision shall do any of the following:
(1) Enact, adopt, or continue in effect local legislation
relating to the provision or nonprovision of food nutrition
information or consumer incentive items at food service
operations;
(2) Condition a license, a permit, or regulatory approval on
the provision or nonprovision of food nutrition information or
consumer incentive items at food service operations;
(3) Ban, prohibit, or otherwise restrict food at food service
operations based on the food nutrition information or on the
provision or nonprovision of consumer incentive items;
(4) Condition a license, a permit, or regulatory approval for
a food service operation on the existence or nonexistence of
food-based health disparities;
(5) Where food service operations are permitted to operate,
ban, prohibit, or otherwise restrict a food service operation
based on the existence or nonexistence of food-based health
disparities as recognized by the department of health, the
national institute of health, or the centers for disease control.
Sec. 3734.02. (A) The director of environmental protection,
in accordance with Chapter 119. of the Revised Code, shall adopt
and may amend, suspend, or rescind rules having uniform
application throughout the state governing solid waste facilities
and the inspections of and issuance of permits and licenses for
all solid waste facilities in order to ensure that the facilities
will be located, maintained, and operated, and will undergo
closure and post-closure care, in a sanitary manner so as not to
create a nuisance, cause or contribute to water pollution, create
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.
257.3-8, as amended. The rules may include, without limitation,
financial assurance requirements for closure and post-closure care
and corrective action and requirements for taking corrective
action in the event of the surface or subsurface discharge or
migration of explosive gases or leachate from a solid waste
facility, or of ground water contamination resulting from the
transfer or disposal of solid wastes at a facility, beyond the
boundaries of any area within a facility that is operating or is
undergoing closure or post-closure care where solid wastes were
disposed of or are being disposed of. The rules shall not concern
or relate to personnel policies, salaries, wages, fringe benefits,
or other conditions of employment of employees of persons owning
or operating solid waste facilities. The director, in accordance
with Chapter 119. of the Revised Code, shall adopt and may amend,
suspend, or rescind rules governing the issuance, modification,
revocation, suspension, or denial of variances from the director's
solid waste rules, including, without limitation, rules adopted
under this chapter governing the management of scrap tires.
Variances shall be issued, modified, revoked, suspended, or
rescinded in accordance with this division, rules adopted under
it, and Chapter 3745. of the Revised Code. The director may order
the person to whom a variance is issued to take such action within
such time as the director may determine to be appropriate and
reasonable to prevent the creation of a nuisance or a hazard to
the public health or safety or the environment. Applications for
variances shall contain such detail plans, specifications, and
information regarding objectives, procedures, controls, and other
pertinent data as the director may require. The director shall
grant a variance only if the applicant demonstrates to the
director's satisfaction that construction and operation of the
solid waste facility in the manner allowed by the variance and any
terms or conditions imposed as part of the variance will not
create a nuisance or a hazard to the public health or safety or
the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed
upon the applicant in place of the provision or provisions. The
director may hold a public hearing on an application for a
variance or renewal of a variance at a location in the county
where the operations that are the subject of the application for
the variance are conducted. The director shall give not less than
twenty days' notice of the hearing to the applicant by certified
mail or by another type of mail accompanied by a receipt and shall
publish at least one notice of the hearing in a newspaper with
general circulation in the county where the hearing is to be held.
The director shall make available for public inspection at the
principal office of the environmental protection agency a current
list of pending applications for variances and a current schedule
of pending variance hearings. The director shall make a complete
stenographic record of testimony and other evidence submitted at
the hearing. Within ten days after the hearing, the director shall
make a written determination to issue, renew, or deny the variance
and shall enter the determination and the basis for it into the
record of the hearing. The director shall issue, renew, or deny an
application for a variance or renewal of a variance within six
months of the date upon which the director receives a complete
application with all pertinent information and data required. No
variance shall be issued, revoked, modified, or denied until the
director has considered the relative interests of the applicant,
other persons and property affected by the variance, and the
general public. Any variance granted under this division shall be
for a period specified by the director and may be renewed from
time to time on such terms and for such periods as the director
determines to be appropriate. No application shall be denied and
no variance shall be 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 variance holder by certified mail or by another type
of mail accompanied by a receipt.
(B) The director shall prescribe and furnish the forms
necessary to administer and enforce this chapter. The director may
cooperate with and enter into agreements with other state, local,
or federal agencies to carry out the purposes of this chapter. The
director may exercise all incidental powers necessary to carry out
the purposes of this chapter.
The director may use moneys in the infectious waste
management fund created in section 3734.021 of the Revised Code
exclusively for administering and enforcing the provisions of this
chapter governing the management of infectious wastes.
(C) Except as provided in this division and divisions (N)(2)
and (3) of this section, no person shall establish a new solid
waste facility or infectious waste treatment facility, or modify
an existing solid waste facility or infectious waste treatment
facility, without submitting an application for a permit with
accompanying detail plans, specifications, and information
regarding the facility and method of operation and receiving a
permit issued by the director, except that no permit shall be
required under this division to install or operate a solid waste
facility for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued
under Chapter 3704. or 6111. of the Revised Code.
No person shall continue to operate a solid waste facility
for which the director has denied a permit for which an
application was required under division (A)(3) of section 3734.05
of the Revised Code, or for which the director has disapproved
plans and specifications required to be filed by an order issued
under division (A)(5) of that section, after the date prescribed
for commencement of closure of the facility in the order issued
under division (A)(6) of section 3734.05 of the Revised Code
denying the permit application or approval.
On and after the effective date of the rules adopted under
division (A) of this section and division (D) of section 3734.12
of the Revised Code governing solid waste transfer facilities, no
person shall establish a new, or modify an existing, solid waste
transfer facility without first submitting an application for a
permit with accompanying engineering detail plans, specifications,
and information regarding the facility and its method of operation
to the director and receiving a permit issued by the director.
No person shall establish a new compost facility or continue
to operate an existing compost facility that accepts exclusively
source separated yard wastes without submitting a completed
registration for the facility to the director in accordance with
rules adopted under divisions (A) and (N)(3) of this section.
This division does not apply to a generator of infectious
wastes that does any of the following:
(1) Treats, by methods, techniques, and practices established
by rules adopted under division (B)(2)(a) of section 3734.021 of
the Revised Code, any of the following:
(a) Infectious wastes that are generated on any premises that
are owned or operated by the generator;
(b) Infectious wastes that are generated by a generator who
has staff privileges at a hospital as defined in section 3727.01
of the Revised Code;
(c) Infectious wastes that are generated in providing care to
a patient by an emergency medical services organization as defined
in section 4765.01 of the Revised Code.
(2) Holds a license or renewal of a license to operate a
crematory facility issued under Chapter 4717. and a permit issued
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, or
the blood of animals, and is subject to any of the following:
(a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(b) Chapter 918. of the Revised Code;
(c) Chapter 953. of the Revised Code.
(D) Neither this chapter nor any rules adopted under it apply
to single-family residential premises; to infectious wastes
generated by individuals for purposes of their own care or
treatment; to the temporary storage of solid wastes, other than
scrap tires, prior to their collection for disposal; to the
storage of one hundred or fewer scrap tires unless they are stored
in such a manner that, in the judgment of the director or the
board of health of the health district in which the scrap tires
are stored, the storage causes a nuisance, a hazard to public
health or safety, or a fire hazard; or to the collection of solid
wastes, other than scrap tires, by a political subdivision or a
person holding a franchise or license from a political subdivision
of the state; to composting, as defined in section 1511.01 of the
Revised Code, conducted in accordance with section 1511.022
1511.024 of the Revised Code; or to any person who is licensed to
transport raw rendering material to a compost facility pursuant to
section 953.23 of the Revised Code.
(E)(1) As used in this division:
(a) "On-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated on the premises
of the facility.
(b) "Off-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated off the premises
of the facility and includes such a facility that is also an
on-site facility.
(c) "Satellite facility" means any of the following:
(i) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises;
(ii) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility;
(iii) An on-site facility that also receives hazardous waste
that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility.
(2) Except as provided in division (E)(3) of this section, no
person shall establish or operate a hazardous waste facility, or
use a solid waste facility for the storage, treatment, or disposal
of any hazardous waste, without a hazardous waste facility
installation and operation permit issued in accordance with
section 3734.05 of the Revised Code and subject to the payment of
an application fee not to exceed one thousand five hundred
dollars, payable upon application for a hazardous waste facility
installation and operation permit and upon application for a
renewal permit issued under division (H) of section 3734.05 of the
Revised Code, to be credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code.
The term of a hazardous waste facility installation and operation
permit shall not exceed ten years.
In addition to the application fee, there is hereby levied an
annual permit fee to be paid by the permit holder upon the
anniversaries of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits and to be credited to the hazardous waste facility
management fund. Annual permit fees totaling forty thousand
dollars or more for any one facility may be paid on a quarterly
basis with the first quarterly payment each year being due on the
anniversary of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits. The annual permit fee shall be determined for
each permit holder by the director in accordance with the
following schedule:
TYPE OF BASIC |
|
|
|
|
|
|
MANAGEMENT UNIT |
|
TYPE OF FACILITY |
|
FEE |
|
|
Storage facility using: |
|
|
|
|
|
|
Containers |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
$ 500 |
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
500 |
|
|
Waste pile |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
3,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Disposal facility using: |
|
|
|
|
|
|
Deep well injection |
|
On-site and satellite |
|
15,000 |
|
|
|
|
Off-site |
|
25,000 |
|
|
Landfill |
|
On-site and satellite |
|
25,000 |
|
|
|
|
Off-site |
|
40,000 |
|
|
Land application |
|
On-site and satellite |
|
2,500 |
|
|
|
|
Off-site |
|
5,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
10,000 |
|
|
|
|
Off-site |
|
20,000 |
|
|
Treatment facility using: |
|
|
|
|
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
700 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Incinerator |
|
On-site and satellite |
|
5,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Other forms |
|
|
|
|
|
|
of treatment |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
1,000 |
|
|
A hazardous waste disposal facility that disposes of
hazardous waste by deep well injection and that pays the annual
permit fee established in section 6111.046 of the Revised Code is
not subject to the permit fee established in this division for
disposal facilities using deep well injection unless the director
determines that the facility is not in compliance with applicable
requirements established under this chapter and rules adopted
under it.
In determining the annual permit fee required by this
section, the director shall not require additional payments for
multiple units of the same method of storage, treatment, or
disposal or for individual units that are used for both storage
and treatment. A facility using more than one method of storage,
treatment, or disposal shall pay the permit fee indicated by the
schedule for each such method.
The director shall not require the payment of that portion of
an annual permit fee of any permit holder that would apply to a
hazardous waste management unit for which a permit has been
issued, but for which construction has not yet commenced. Once
construction has commenced, the director shall require the payment
of a part of the appropriate fee indicated by the schedule that
bears the same relationship to the total fee that the number of
days remaining until the next anniversary date at which payment of
the annual permit fee is due bears to three hundred sixty-five.
The director, by rules adopted in accordance with Chapters
119. and 3745. of the Revised Code, shall prescribe procedures for
collecting the annual permit fee established by this division and
may prescribe other requirements necessary to carry out this
division.
(3) The prohibition against establishing or operating a
hazardous waste facility without a hazardous waste facility
installation and operation permit does not apply to either of the
following:
(a) A facility that is operating in accordance with a permit
renewal issued under division (H) of section 3734.05 of the
Revised Code, a revision issued under division (I) of that section
as it existed prior to August 20, 1996, or a modification issued
by the director under division (I) of that section on and after
August 20, 1996;
(b) Except as provided in division (J) of section 3734.05 of
the Revised Code, a facility that will operate or is operating in
accordance with a permit by rule, or that is not subject to permit
requirements, under rules adopted by the director. In accordance
with Chapter 119. of the Revised Code, the director shall adopt,
and subsequently may amend, suspend, or rescind, rules for the
purposes of division (E)(3)(b) of this section. Any rules so
adopted shall be consistent with and equivalent to regulations
pertaining to interim status adopted under the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.
6921, as amended, except as otherwise provided in this chapter.
If a modification is requested or proposed for a facility
described in division (E)(3)(a) or (b) of this section, division
(I)(7) of section 3734.05 of the Revised Code applies.
(F) No person shall store, treat, or dispose of hazardous
waste identified or listed under this chapter and rules adopted
under it, regardless of whether generated on or off the premises
where the waste is stored, treated, or disposed of, or transport
or cause to be transported any hazardous waste identified or
listed under this chapter and rules adopted under it to any other
premises, except at or to any of the following:
(1) A hazardous waste facility operating under a permit
issued in accordance with this chapter;
(2) A facility in another state operating under a license or
permit issued in accordance with the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended;
(3) A facility in another nation operating in accordance with
the laws of that nation;
(4) A facility holding a permit issued pursuant to Title I of
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86
Stat. 1052, 33 U.S.C.A. 1401, as amended;
(5) A hazardous waste facility as described in division
(E)(3)(a) or (b) of this section.
(G) The director, by order, may exempt any person generating,
collecting, storing, treating, disposing of, or transporting solid
wastes, infectious wastes, or hazardous waste, or processing solid
wastes that consist of scrap tires, in such quantities or under
such circumstances that, in the determination of the director, are
unlikely to adversely affect the public health or safety or the
environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest system
or other requirements of this chapter. Such an exemption shall be
consistent with and equivalent to any regulations adopted by the
administrator of the United States environmental protection agency
under the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise
provided in this chapter.
(H) No person shall engage in filling, grading, excavating,
building, drilling, or mining on land where a hazardous waste
facility, or a solid waste facility, was operated without prior
authorization from the director, who shall establish the procedure
for granting such authorization by rules adopted in accordance
with Chapter 119. of the Revised Code.
A public utility that has main or distribution lines above or
below the land surface located on an easement or right-of-way
across land where a solid waste facility was operated may engage
in any such activity within the easement or right-of-way without
prior authorization from the director for purposes of performing
emergency repair or emergency replacement of its lines; of the
poles, towers, foundations, or other structures supporting or
sustaining any such lines; or of the appurtenances to those
structures, necessary to restore or maintain existing public
utility service. A public utility may enter upon any such easement
or right-of-way without prior authorization from the director for
purposes of performing necessary or routine maintenance of those
portions of its existing lines; of the existing poles, towers,
foundations, or other structures sustaining or supporting its
lines; or of the appurtenances to any such supporting or
sustaining structure, located on or above the land surface on any
such easement or right-of-way. Within twenty-four hours after
commencing any such emergency repair, replacement, or maintenance
work, the public utility shall notify the director or the
director's authorized representative of those activities and shall
provide such information regarding those activities as the
director or the director's representative may request. Upon
completion of the emergency repair, replacement, or maintenance
activities, the public utility shall restore any land of the solid
waste facility disturbed by those activities to the condition
existing prior to the commencement of those activities.
(I) No owner or operator of a hazardous waste facility, in
the operation of the facility, shall cause, permit, or allow the
emission therefrom of any particulate matter, dust, fumes, gas,
mist, smoke, vapor, or odorous substance that, in the opinion of
the director, unreasonably interferes with the comfortable
enjoyment of life or property by persons living or working in the
vicinity of the facility, or that is injurious to public health.
Any such action is hereby declared to be a public nuisance.
(J) Notwithstanding any other provision of this chapter, in
the event the director finds an imminent and substantial danger to
public health or safety or the environment that creates an
emergency situation requiring the immediate treatment, storage, or
disposal of hazardous waste, the director may issue a temporary
emergency permit to allow the treatment, storage, or disposal of
the hazardous waste at a facility that is not otherwise authorized
by a hazardous waste facility installation and operation permit to
treat, store, or dispose of the waste. The emergency permit shall
not exceed ninety days in duration and shall not be renewed. The
director shall adopt, and may amend, suspend, or rescind, rules in
accordance with Chapter 119. of the Revised Code governing the
issuance, modification, revocation, and denial of emergency
permits.
(K) Except for infectious wastes generated by a person who
produces fewer than fifty pounds of infectious wastes at a
premises during any one month, no owner or operator of a sanitary
landfill shall knowingly accept for disposal, or dispose of, any
infectious wastes that have not been treated to render them
noninfectious.
(L) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt, and may amend, suspend, or rescind,
rules having uniform application throughout the state establishing
a training and certification program that shall be required for
employees of boards of health who are responsible for enforcing
the solid waste and infectious waste provisions of this chapter
and rules adopted under them and for persons who are responsible
for the operation of solid waste facilities or infectious waste
treatment facilities. The rules shall provide all of the
following, without limitation:
(1) The program shall be administered by the director and
shall consist of a course on new solid waste and infectious waste
technologies, enforcement procedures, and rules;
(2) The course shall be offered on an annual basis;
(3) Those persons who are required to take the course under
division (L) of this section shall do so triennially;
(4) Persons who successfully complete the course shall be
certified by the director;
(5) Certification shall be required for all employees of
boards of health who are responsible for enforcing the solid waste
or infectious waste provisions of this chapter and rules adopted
under them and for all persons who are responsible for the
operation of solid waste facilities or infectious waste treatment
facilities;
(6)(a) All employees of a board of health who, on the
effective date of the rules adopted under this division, are
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and the rules adopted under them shall
complete the course and be certified by the director not later
than January 1, 1995;
(b) All employees of a board of health who, after the
effective date of the rules adopted under division (L) of this
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted
under them and who do not hold a current and valid certification
from the director at that time shall complete the course and be
certified by the director within two years after becoming
responsible for performing those activities.
No person shall fail to obtain the certification required
under this division.
(M) The director shall not issue a permit under section
3734.05 of the Revised Code to establish a solid waste facility,
or to modify a solid waste facility operating on December 21,
1988, in a manner that expands the disposal capacity or geographic
area covered by the facility, that is or is to be located within
the boundaries of a state park established or dedicated under
Chapter 1541. of the Revised Code, a state park purchase area
established under section 1541.02 of the Revised Code, any unit of
the national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has not
been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state and identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility or proposed
facility is or is to be used exclusively for the disposal of solid
wastes generated within the park or recreation area and the
director determines that the facility or proposed facility will
not degrade any of the natural or cultural resources of the park
or recreation area. The director shall not issue a variance under
division (A) of this section and rules adopted under it, or issue
an exemption order under division (G) of this section, that would
authorize any such establishment or expansion of a solid waste
facility within the boundaries of any such park or recreation
area, state park purchase area, or candidate area, other than a
solid waste facility exclusively for the disposal of solid wastes
generated within the park or recreation area when the director
determines that the facility will not degrade any of the natural
or cultural resources of the park or recreation area.
(N)(1) The rules adopted under division (A) of this section,
other than those governing variances, do not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
Those facilities are subject to and governed by rules adopted
under sections 3734.70 to 3734.73 of the Revised Code, as
applicable.
(2) Division (C) of this section does not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
The establishment and modification of those facilities are subject
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised
Code, as applicable.
(3) The director may adopt, amend, suspend, or rescind rules
under division (A) of this section creating an alternative system
for authorizing the establishment, operation, or modification of a
solid waste compost facility in lieu of the requirement that a
person seeking to establish, operate, or modify a solid waste
compost facility apply for and receive a permit under division (C)
of this section and section 3734.05 of the Revised Code and a
license under division (A)(1) of that section. The rules may
include requirements governing, without limitation, the
classification of solid waste compost facilities, the submittal of
operating records for solid waste compost facilities, and the
creation of a registration or notification system in lieu of the
issuance of permits and licenses for solid waste compost
facilities. The rules shall specify the applicability of divisions
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised
Code to a solid waste compost facility.
(O)(1) As used in this division, "secondary aluminum waste"
means waste material or byproducts, when disposed of, containing
aluminum generated from secondary aluminum smelting operations and
consisting of dross, salt cake, baghouse dust associated with
aluminum recycling furnace operations, or dry-milled wastes.
(2) The owner or operator of a sanitary landfill shall not
dispose of municipal solid waste that has been commingled with
secondary aluminum waste.
(3) The owner or operator of a sanitary landfill may dispose
of secondary aluminum waste, but only in a monocell or monofill
that has been permitted for that purpose in accordance with this
chapter and rules adopted under it.
Sec. 3734.029. (A)(1) Except as otherwise provided in
division (A)(2) of this section, the standards of quality for
compost products established in rules adopted under division (A)
of section 3734.028 of the Revised Code apply to compost products
produced by a facility composting dead animals that is subject to
section 1511.022 1511.024 of the Revised Code in addition to
compost products produced by facilities subject to this chapter.
(2) The standards of quality established in rules adopted
under division (A) of section 3734.028 of the Revised Code do not
apply to the use, distribution for use, or giving away of the
compost products produced by a composting facility subject to
section 1511.022 1511.024 of the Revised Code when either of the
following applies:
(a) The composting is conducted by the person who raises the
animals and the compost product is used in agricultural operations
owned or operated by that person, regardless of whether the person
owns the animals;.
(b) The composting is conducted by the person who owns the
animals, but does not raise them and the compost product is used
in agricultural operations either by a person who raises the
animals or by a person who raises grain that is used to feed them
and that is supplied by the owner of the animals.
(B) No owner or operator of a composting facility that is
subject to regulation under section 1511.022 1511.024 of the
Revised Code shall sell or offer for sale at retail or wholesale,
distribute for use, or give away any compost product that does not
comply with the standard of quality applicable under division (A)
of this section for the use for which the product is being sold,
offered for sale, distributed, or given away.
No person shall violate this division.
Section 2. That existing sections 903.25, 905.31, 905.32,
905.34, 905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48,
905.49, 905.50, 905.501, 905.99, 907.111, 921.06, 921.11, 921.16,
941.14, 953.22, 1511.01, 1511.02, 1511.021, 1511.022, 1511.07,
1511.071, 1515.01, 1515.02, 1515.08, 3717.53, 3734.02, and
3734.029 of the Revised Code are hereby repealed.
Section 3. (A) In accordance with the amendment of section
1515.02 of the Revised Code by this act, the Governor shall
appoint two additional members to the Ohio Soil and Water
Conservation Commission established in that section, as amended by
this act, not later than thirty days after the effective date of
this section as follows:
(1) One member shall be appointed for a term ending June 30,
2015.
(2) One member shall be appointed for a term ending June 30,
2016.
Thereafter, terms of office for the additional members shall
be for four years, each term ending on the same day of the same
month of the year as did the term that it succeeds. Those
additional members may be reappointed in accordance with section
1515.02 of the Revised Code, as amended by this act.
(B) The Soil and Water Conservation Commission established in
section 1515.02 of the Revised Code, as amended by this act, is a
continuation of the Soil and Water Conservation Commission
established in that section prior to its amendment by this act.
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