Section 1. That sections 903.01, 903.02, 903.03, 903.04,
| 13 |
903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10,
| 14 |
903.15, 903.16, 903.17, and 6111.03 of the Revised Code be amended
| 15 |
to read as follows: | 16 |
(A) "Agricultural animal" means any
animal generally used
for
| 18 |
food or in the production of food,
including cattle, sheep,
goats,
| 19 |
rabbits, poultry, and swine;
horses; alpacas; llamas; and any
| 20 |
other animal
included by the director of agriculture by
rule.
| 21 |
"Agricultural
animal" does not include fish or other aquatic
| 22 |
animals regardless
of whether they are raised at fish hatcheries,
| 23 |
fish farms, or
other facilities that raise aquatic animals.
| 24 |
(O) "Manure" means any of the following wastes used in or
| 112 |
resulting from the
production of agricultural animals or direct
| 113 |
agricultural products
such as milk or eggs: animal excreta,
| 114 |
discarded
products, bedding, process waste water, process
| 115 |
generated waste water, waste
feed, silage drainage, and
compost
| 116 |
products resulting from mortality composting or the
composting of
| 117 |
animal excreta.
| 118 |
(Y) "Pollutant" means dredged spoil, solid waste, incinerator
| 194 |
residue, filter backwash, sewage, garbage, sewage sludge,
| 195 |
munitions, chemical wastes, biological materials, radioactive
| 196 |
materials except those regulated under the "Atomic Energy Act of
| 197 |
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or
| 198 |
discarded equipment, rock, sand, cellar dirt, and industrial,
| 199 |
municipal, and agricultural waste, including manure, discharged
| 200 |
into water.
"Pollutant" does not include either of the following: | 201 |
(2) Water, gas, or other material that is injected into a
| 203 |
well to facilitate production of oil or gas, or water derived in
| 204 |
association with oil and gas production and disposed of in a well,
| 205 |
if the well that is used either to facilitate production or for
| 206 |
disposal purposes is approved by the state and if the state
| 207 |
determines that the injection or disposal will not result in the
| 208 |
degradation of ground or surface water resources. | 209 |
(1) Animal confinement areas, including, but not limited to,
| 227 |
open lots, housed lots, feedlots, confinement houses, stall barns,
| 228 |
free stall barns, milkrooms, milking centers, cowyards, barnyards,
| 229 |
medication pens, animal walkways, and stables;
| 230 |
(1) The name and address of the applicant, of all
partners
if
| 276 |
the applicant is a partnership, of all members if the applicant is
| 277 |
a limited liability company, or of all officers
and directors
if
| 278 |
the applicant is a corporation, and of any
other person who has
a
| 279 |
right to control or in fact controls
management of the applicant
| 280 |
or the selection of officers,
directors, or managers of the
| 281 |
applicant;. As used in division (C)(1) of this section, "control"
| 282 |
means the power, directly or indirectly, to direct the management
| 283 |
and policies of the applicant through the ownership of voting
| 284 |
securities, by contract, through a right of approval or
| 285 |
disapproval, or otherwise unless the power is held by a chartered
| 286 |
lending institution as a result of debt liability. | 287 |
(4) In the case of an application for a concentrated animal
| 297 |
feeding
facility that meets the criteria established in sections
| 298 |
307.204 and 505.266
of the
Revised
Code, written statements from
| 299 |
the
board of county commissioners of the county and the board of
| 300 |
township trustees of the township in which the concentrated animal
| 301 |
feeding
facility would be located certifying that, in accordance
| 302 |
with those sections,
the
applicant has provided the boards with
| 303 |
the required written notification and
that final recommendations
| 304 |
were selected regarding improvements, if any, to
county or
| 305 |
township infrastructure that are needed as a result of the new or
| 306 |
expanded concentrated animal feeding facility and the costs of
| 307 |
those
improvements;
| 308 |
(1) The name and address of the applicant, of all partners
if
| 366 |
the applicant is a partnership, of all members if the applicant is
| 367 |
a limited liability company, or of all officers and directors if
| 368 |
the
applicant is a corporation, and of any other person who has a
| 369 |
right to
control or in fact controls management of the applicant
| 370 |
or the
selection of officers, directors, or managers of the
| 371 |
applicant;. As used in division (C)(1) of this section, "control"
| 372 |
has the same meaning as in division (C)(1) of section 903.02 of
| 373 |
the Revised Code. | 374 |
(E) The director shall issue general
permits to operate for
| 404 |
categories of concentrated animal feeding facilities
that will
| 405 |
apply in lieu of individual permits to operate, provided that each
| 406 |
category of facilities meets all
of the criteria established in
| 407 |
rules for general permits to
operate. A person who is required
to
| 408 |
obtain a permit to operate shall submit to the director a
notice
| 409 |
of the person's intent to be covered under an existing general
| 410 |
permit
or, at the person's option, shall submit an application for
| 411 |
an
individual permit to operate. Upon receipt of a notice of
| 412 |
intent
to be covered under an existing general permit, the
| 413 |
director shall notify the
applicant in writing that the person is
| 414 |
covered by the general permit if the person satisfies the criteria
| 415 |
established in rules for eligibility for such coverage. If the
| 416 |
person is
ineligible for coverage under the general permit, the
| 417 |
director shall
require the submission of an application for an
| 418 |
individual permit
to operate.
| 419 |
(B) On and after the date on which the director of
| 442 |
agriculture
has finalized the program required under division
| 443 |
(A)(1) of
section 903.02 of the Revised Code,
the authority to
| 444 |
enforce terms and conditions of installation
permits that
| 445 |
previously were issued to animal feeding facilities shall be
| 446 |
transferred from
the director of environmental protection to the
| 447 |
director of
agriculture. Thereafter, the director of
environmental
| 448 |
protection
shall have no authority to enforce the
terms and
| 449 |
conditions of
those installation permits. On and after
the date on
| 450 |
which the director of
agriculture has finalized the
program
| 451 |
required under division (A)(1) of section 903.02 of the
Revised
| 452 |
Code, an
installation permit
concerning which enforcement
| 453 |
authority has been transferred shall
be deemed to have been issued
| 454 |
under this section.
| 455 |
(D) Except as otherwise provided in this division, on and
| 467 |
after
the date that is two years after the date on which the
| 468 |
director has
finalized the program required under division (A)(1)
| 469 |
of
section 903.03 of the Revised Code, and until the issuance of a
| 470 |
permit to operate, no person shall own or operate an existing
| 471 |
concentrated animal
feeding facility unless the person holds a
| 472 |
review
compliance certificate.
| 473 |
This division does not apply to a person who has made a
| 474 |
timely
submittal of the information required under division (E)(2)
| 475 |
of this
section and who is waiting for the director to issue or
| 476 |
deny a review
compliance certificate. Such a person may continue
| 477 |
the operation of the existing concentrated animal feeding
facility
| 478 |
until, if applicable, the director issues an order
denying the
| 479 |
review compliance certificate.
| 480 |
(a) The name and address of the owner, of all partners if
the
| 493 |
owner is a partnership, of all members if the owner is a limited
| 494 |
liability company, or of all officers and directors if the
owner
| 495 |
is a
corporation, and of any other person who
has a right to
| 496 |
control or in fact controls management of the
facility or the
| 497 |
selection of officers, directors, or managers of
the facility;. As
| 498 |
used in division (E)(2)(a) of this section, "control" has the same
| 499 |
meaning as in division (C)(1) of section 903.02 of the Revised
| 500 |
Code. | 501 |
(c) A manure management plan for the facility that
conforms
| 504 |
to
best management practices regarding the handling, storage,
| 505 |
transportation, and
land application of manure generated
at the
| 506 |
facility and that contains any other information required by
rule.
| 507 |
However, if a manure management plan submitted under division
| 508 |
(E)(2)(c) of this section does not conform with best management
| 509 |
practices regarding the handling, storage, transportation, and
| 510 |
land application of manure generated at the facility, the director
| 511 |
nevertheless shall deem the plan to conform with best management
| 512 |
practices if the owner or operator does all of the following:
| 513 |
(F) After a review of the existing installation permit, an
| 535 |
inspection of the facility, and a review of the information
| 536 |
furnished
under division (E)(2) of this section, and upon
| 537 |
determining
that the existing facility is being operated in a
| 538 |
manner that protects the
waters of the
state and minimizes the
| 539 |
presence and negative effects of insects and rodents
at the
| 540 |
facility and in surrounding areas, the director shall issue an
| 541 |
order issuing a
review compliance certificate to the facility. In
| 542 |
issuing the
certificate, the director shall consider technical
| 543 |
feasibility and
economic costs. The director shall not require a
| 544 |
significant
capital expenditure, as defined by rule, by the
| 545 |
facility before
issuing a certificate.
| 546 |
The issuance of a review compliance certificate shall not be
| 561 |
subject to
appeal under Chapter 119. or sections 3745.04 to
| 562 |
3745.06 of the Revised Code. The
denial or revocation of a review
| 563 |
compliance certificate or the amendment of an
installation permit
| 564 |
resulting from a certificate may be challenged by the
applicant in
| 565 |
an administrative hearing in accordance with Chapter
119. of the
| 566 |
Revised Code, except that
section 119.12 of the Revised Code does
| 567 |
not apply. An order
of the director that
denies or revokes a
| 568 |
certificate or amends an installation permit
as a result of a
| 569 |
certificate may be appealed to the environmental
review appeals
| 570 |
commission under sections 3745.04 to 3745.06 of the
Revised Code.
| 571 |
(2) The director may revoke a review compliance certificate
| 582 |
issued to an existing facility after the director has issued an
| 583 |
order as a
result of a
hearing held under Chapter 119. of the
| 584 |
Revised Code
in which the
facility has been found to be in
| 585 |
violation of the terms and
conditions of the review compliance
| 586 |
certificate. An existing
facility whose review compliance
| 587 |
certificate is revoked shall obtain a permit
to operate and, if
| 588 |
applicable, a NPDES permit in order to resume
operating.
| 589 |
(2) A listing of the animal feeding facilities
that the owner
| 605 |
or operatorapplicant or any person identified by the applicant
| 606 |
under division (C)(1) of section 903.02 or 903.03 of the Revised
| 607 |
Code owns, has owned, has operated, or is operating elsewhere
in
| 608 |
the United
States and that are regulated under the Federal
Water
| 609 |
Pollution Control Act together with
a listing of the
animal
| 610 |
feeding facilities that the owner or operatorapplicant or any
| 611 |
such person owns, has owned,
has operated,
or is operating outside
| 612 |
the United States;
| 613 |
(3) A listing of all administrative enforcement
orders
issued
| 614 |
to the owner or operatorapplicant or any person identified by the
| 615 |
applicant under division (C)(1) of section 903.02 or 903.03 of the
| 616 |
Revised Code, all civil
actions in which the
owner or operator | 617 |
applicant or any such person was determined by the trier of fact
| 618 |
to
be liable
in damages or was the subject of injunctive relief or
| 619 |
another type
of civil relief, and all criminal actions in which
| 620 |
the owner or
operatorapplicant or any such person
pleaded guilty
| 621 |
or was convicted, during
the five years
immediately preceding the
| 622 |
submission of the
application,
in
connection with any violation of
| 623 |
the federalFederal Water Pollution
Control
Act, the "Safe
| 624 |
Drinking Water Act," as defined
in section
6109.01 of the Revised
| 625 |
Code, or any other
applicable
state laws
pertaining to
| 626 |
environmental protection
that was alleged to
have
occurred or to
| 627 |
be occurring at any animal
feeding
facility that the owner or
| 628 |
operatorapplicant or any such person owns, has owned, has
| 629 |
operated, or is operating
in the United States or with any
| 630 |
violation of the
environmental
laws of another country that was
| 631 |
alleged to have occurred or to
be
occurring at any
animal feeding
| 632 |
facility that the
owner or operatorapplicant or any such person
| 633 |
owns, has owned, has operated,
or is operating outside
the United
| 634 |
States.
| 635 |
The lists of animal feeding facilities owned or operated
by
| 636 |
the owner or operatorapplicant or any person identified by the
| 637 |
applicant under division (C)(1) of section 903.02 or 903.03 of the
| 638 |
Revised Code within or outside this state or outside
the
United
| 639 |
States shall include,
respectively, all such
facilities owned or | 640 |
operated by the owner or operatorapplicant or any such person | 641 |
during the five-year period
immediately preceding the submission
| 642 |
of the application.
| 643 |
(B) If the applicant for
a permit to install or permit to
| 644 |
operate or any person identified by the applicant under division
| 645 |
(C)(1) of section 903.02 or 903.03 of the Revised Code has been
| 646 |
involved in any prior activity involving the
operation of an
| 647 |
animal feeding facility, the director
of
agriculture may
deny the
| 648 |
application if the director finds from
the
application, the
| 649 |
information submitted under divisions (A)(1)
to (3)
of this
| 650 |
section, pertinent information
submitted to the
director, and
| 651 |
other pertinent information
obtained by the director
at the
| 652 |
director's discretion that the
applicant and persons
associated
| 653 |
with the applicantany such person, in the
operation of
animal
| 654 |
feeding facilities, have
a history of substantial
noncompliance
| 655 |
with the Federal
Water Pollution Control Act, the
"Safe
Drinking
| 656 |
Water Act," as defined
in section 6109.01 of the
Revised Code, any
| 657 |
other
applicable
state laws pertaining to
environmental
| 658 |
protection,
or the environmental laws of another
country that
| 659 |
indicates that the applicant or any such person
lacks sufficient
| 660 |
reliability, expertise, and competence to operate the
proposed new
| 661 |
or modified concentrated animal feeding facility in
substantial
| 662 |
compliance with this chapter and rules adopted under it.
| 663 |
(C) A person who seeks to acquire or operate a concentrated
| 664 |
animal
feeding
facility that has been issued an installation
| 665 |
permit
that
has been transferred from the director of
| 666 |
environmental
protection
to the director of agriculture, a permit
| 667 |
to install, or
a permit
to operate
shall submit to
the director
| 668 |
the information specified
in divisions (A)(1) to (3) of
this
| 669 |
section prior to the transfer
of the permit. The permit shall not
| 670 |
be
transferred as otherwise
provided in
division (I) of section
| 671 |
903.09 of the Revised Code if
the
director finds from the
| 672 |
information submitted under divisions
(A)(1) to (3) of this
| 673 |
section, pertinent information submitted to
the director, and
| 674 |
other pertinent information obtained by the
director at the
| 675 |
director's discretion that the person, in
the
operation of animal
| 676 |
feeding facilities, has a
history
of substantial noncompliance
| 677 |
with the
Federal Water Pollution
Control
Act, the "Safe
Drinking
| 678 |
Water Act," as defined
in section
6109.01 of the Revised Code, any
| 679 |
other
applicable state laws
pertaining to environmental
| 680 |
protection, or the
environmental laws
of another country that
| 681 |
indicates that the person lacks
sufficient
reliability, expertise,
| 682 |
and
competence to operate the concentrated
animal
feeding facility
| 683 |
in substantial compliance with this
chapter and rules
adopted
| 684 |
under it.
| 685 |
(D) An owner or operator of a concentrated animal feeding
| 686 |
facility that has been issued an installation permit that has been
| 687 |
transferred from the director of environmental protection to the
| 688 |
director of agriculture, a permit to install, or a permit to
| 689 |
operate shall submit to the director notice of any proposed change
| 690 |
in the persons identified to the director under division (C)(1) of
| 691 |
section 903.02 or 903.03 of the Revised Code, as applicable. The
| 692 |
director may deny approval of the proposed change if the director
| 693 |
finds from the information submitted under divisions (A)(1) to (3)
| 694 |
of this section, pertinent information submitted to the director,
| 695 |
and other pertinent information obtained by the director at the
| 696 |
director's discretion that the proposed person, in the operation
| 697 |
of animal feeding facilities, has a history of substantial
| 698 |
noncompliance with the Federal Water Pollution Control Act, the
| 699 |
"Safe Drinking Water Act," as defined in section 6109.01 of the
| 700 |
Revised Code, any other applicable state laws pertaining to
| 701 |
environmental protection, or the environmental laws of another
| 702 |
country that indicates that the person lacks sufficient
| 703 |
reliability, expertise, and competence to operate the concentrated
| 704 |
animal feeding facility in substantial compliance with this
| 705 |
chapter and rules adopted under it. | 706 |
(B) An owner or operator of a
concentrated animal feeding
| 709 |
facility shall prepare and submit
to the director of agriculture
| 710 |
in accordance with rules
an insect and rodent
control plan
| 711 |
designed to minimize the presence and negative
effects of insects
| 712 |
and rodents at the concentrated animal feeding
facility and in
| 713 |
surrounding areas, including
land on which manure is stored or
| 714 |
applied. The plan shall conform to best
management practices
| 715 |
established in rules. The director shall
approve or deny the plan
| 716 |
within the time period established in rules by the
director
and
| 717 |
may
require modification of the plan at that time or a later time
| 718 |
in
accordance with rules.
| 719 |
(1) The
management and handling of manure at a major
| 735 |
concentrated animal feeding
facility, including the land
| 736 |
application of manure or the removal of manure from
a manure
| 737 |
storage or treatment facility, shall be conducted only by or under
| 738 |
the supervision of
a person holding a livestock manager
| 739 |
certification issued under this section. A person managing or
| 740 |
handling manure
who is acting
under the instructions and control
| 741 |
of a person holding a
livestock manager certification is
| 742 |
considered to be under the
supervision of the certificate holder
| 743 |
if the certificate holder
is responsible for the actions of the
| 744 |
person and is available
when needed even though the certificate
| 745 |
holder is not
physically present at the time of the manure
| 746 |
management or
handling.
| 747 |
(B) The director shall issue a livestock manager
| 753 |
certification to a person who has submitted a complete application
| 754 |
for
certification on a form prescribed and provided by the
| 755 |
director,
together with the appropriate application fee, and who
| 756 |
has completed successfully the required training and has passed
| 757 |
the required examination. The director may suspend or revoke a
| 758 |
livestock
manager certification and
may reinstate a suspended or
| 759 |
revoked livestock manager certification in
accordance with rules.
| 760 |
(C) Information required
to be included in an application
for
| 761 |
a livestock manager certification, the
amount of the
application
| 762 |
fee,
and requirements regarding training and the
examination,
| 763 |
requirements governing the management and handling of manure,
| 764 |
including the land application of manure, and requirements
| 765 |
governing the keeping of records regarding the handling of manure,
| 766 |
including the land application of manure, shall be
established in
| 767 |
rules.
| 768 |
Sec. 903.08.
(A)(1) The director of agriculture is
| 769 |
authorized to participate
in the national pollutant discharge
| 770 |
elimination system in accordance with
the Federal Water Pollution
| 771 |
Control
Act. Not later than
one hundred eighty days after
March
| 772 |
15, 2001, the
director shall prepare a state
program in accordance
| 773 |
with 40
C.F.R. 123.21 for point sources that
are subject to
this
| 774 |
section and shall submit the program to the
United
States
| 775 |
environmental protection agency for approval.
| 776 |
(2) On and after the date on which the United States
| 777 |
environmental
protection agency approves the state program
| 778 |
submitted under division
(A)(1) of this section, the authority to
| 779 |
enforce terms and
conditions of NPDES permits previously issued
| 780 |
under division
(J)
of section 6111.03 or under section 6111.035 of
| 781 |
the Revised
Code for the discharging, transporting, or handling of
| 782 |
storm water
from an animal feeding facility or of manure | 783 |
pollutants from concentrated animal feeding
operations is
| 784 |
transferred from
the director of environmental
protection to the
| 785 |
director of
agriculture. Thereafter, the
director of
| 786 |
environmental protection
shall have no authority to
enforce the
| 787 |
terms and conditions of
those NPDES permits. After the
transfer
| 788 |
of authority under
division (A)(2) of this section, the
NPDES
| 789 |
permits concerning which authority has been transferred
shall be
| 790 |
considered to
have been issued under
this section.
| 791 |
(B)(1) On and after the date on which the
United States
| 792 |
environmental protection agency approves the
NPDES program
| 793 |
submitted by the director of agriculture under this
section, no
| 794 |
person shall discharge manurepollutants from a point
source | 795 |
concentrated animal feeding operation into waters of
the state
| 796 |
without first obtaining a NPDES permit issued by the director of
| 797 |
agriculture under this section. Any person that is required by the
| 798 |
Federal Water Pollution Control Act to obtain a permit for the
| 799 |
discharge of manurepollutants from a concentrated animal feeding
| 800 |
operation shall apply to the director for an individual NPDES
| 801 |
permit or for coverage under a general
NPDES
permit. The director
| 802 |
is authorized to issue, revoke, modify, or deny such an individual
| 803 |
permit or issue, revoke, or deny coverage under a general permit
| 804 |
in compliance with all requirements of the Federal Water Pollution
| 805 |
Control Act. Violation of
division
(B)(1) of this section is
| 806 |
hereby declared to be a public
nuisance
for purposes of state
| 807 |
enforcement of this section.
| 808 |
(2) Persons that have been issued a permit by the director
of
| 809 |
environmental protection under division (J) of section 6111.03
of
| 810 |
the Revised Code for the discharge of manurepollutants from a
| 811 |
concentrated animal feeding operation into the waters of the state | 812 |
prior to the
date
on which the United States environmental
| 813 |
protection agency
approves the NPDES program submitted by the
| 814 |
director of
agriculture
under this section may continue to
operate
| 815 |
under that
permit until it expires or is
modified or revoked. Such
| 816 |
a permit
shall be enforced by the
director of agriculture upon the
| 817 |
transfer
of authority to enforce
the terms and conditions of the
| 818 |
permit
under division (A)(2) of
this section.
| 819 |
(C)(1) On and after the date on which the United
States
| 820 |
environmental protection agency approves the NPDES
program
| 821 |
submitted by the director of agriculture under this section, no
| 822 |
person
shall discharge storm water resulting from an animal
| 823 |
feeding facility without
first obtaining a
NPDES permit issued by
| 824 |
the director of
agriculture in accordance with rules when such a
| 825 |
permit is required by the
Federal Water
Pollution
Control Act.
| 826 |
Violation of division
(C)(1) of this section is hereby declared to
| 827 |
be a public nuisance
for purposes of state enforcement of this
| 828 |
section.
| 829 |
(2) Persons that have been issued a NPDES permit by the
| 830 |
director of
environmental protection under Chapter 6111. of the
| 831 |
Revised
Code
for the discharge of storm water from an animal
| 832 |
feeding
facility prior to the date on which the
United States
| 833 |
environmental protection agency approves the NPDES program
| 834 |
submitted by the director of agriculture under this section may
| 835 |
continue
to operate under that permit until it expires or is
| 836 |
modified or revoked. Such a permit shall be enforced by the
| 837 |
director of agriculture upon the transfer of authority to enforce
| 838 |
the terms and conditions of the permit under division (A)(2) of
| 839 |
this section.
| 840 |
(D) In accordance with rules, an applicant for a NPDES
permit
| 841 |
issued under this section shall submit a fee in an amount
| 842 |
established by rule together with, except as otherwise provided in
| 843 |
division (F) of this section, an application for the
permit to the
| 844 |
director of agriculture on a form prescribed by the
director. The
| 845 |
application
shall include any information required by rule. The
| 846 |
director or the
director's authorized representative may
help an
| 847 |
applicant for a NPDES permit during the application
process by
| 848 |
providing guidance and technical assistance.
| 849 |
A person who is required to obtain a NPDES permit shall
| 877 |
submit
to
the director a
notice of the person's intent to be
| 878 |
covered under an existing general
permit or, at the person's
| 879 |
option, an application for an
individual NPDES permit. Upon
| 880 |
receipt of a notice of intent for
coverage under an existing
| 881 |
general permit, the director shall notify the
applicant
in writing
| 882 |
that the person is covered by the
general permit if the person
| 883 |
satisfies the
criteria established in rules for eligibility for
| 884 |
such coverage. If the
person is ineligible for coverage under the
| 885 |
general permit, the director shall
require the
submission of an
| 886 |
application for an individual NPDES permit.
| 887 |
(G) The director of agriculture shall establish terms and
| 888 |
conditions of NPDES permits in accordance with rules. Terms and
| 889 |
conditions shall be designed to achieve and maintain full
| 890 |
compliance with
national effluent
limitations, national standards
| 891 |
of performance for new sources, the most
current water quality
| 892 |
standards adopted under section 6111.041 of the Revised Code, the
| 893 |
most
current antidegradation policy adopted under section 6111.12
| 894 |
of the Revised Code, and
other requirements of
the Federal Water
| 895 |
Pollution Control
Act. In establishing the terms and
conditions
of
| 896 |
a NPDES permit, the director, to the extent
consistent with
that
| 897 |
act, shall consider technical
feasibility and economic costs
and
| 898 |
shall allow a reasonable period
of time for coming into
compliance
| 899 |
with the permit.
| 900 |
(L) The director may modify, suspend, or revoke a
NPDES
| 925 |
permit
issued under this section for cause as established by rule.
| 926 |
No
NPDES permit issued under this section shall be
modified,
| 927 |
suspended, or revoked without a written order stating the findings
| 928 |
that led to the modification, suspension, or revocation. In
| 929 |
addition, the
permittee has a
right to an administrative hearing
| 930 |
in accordance with Chapter 119.
of the Revised Code, except that
| 931 |
section 119.12 of the
Revised Code does not apply. Further, an
| 932 |
order of the
director modifying,
suspending, or revoking a NPDES
| 933 |
permit may be appealed to the
environmental review appeals
| 934 |
commission under sections 3745.04 to
3745.06 of the Revised Code.
| 935 |
Sec. 903.081. (A) For purposes of section 903.08 of the
| 945 |
Revised Code, no person shall issueapprove all or portions of a
| 946 |
NPDES permit if the person receives or has received during the two
| 947 |
years prior to the receipt of an application for a NPDES permit a
| 948 |
significant portion of income from any NPDES permittee or any
| 949 |
applicant for a NPDES permit. In addition, no person who,may
| 950 |
serve on a board or commission that approves all or portions of a
| 951 |
NPDES permit, including taking such action pursuant to an appeal
| 952 |
of
an action regarding a NPDES permit, has the authority to
| 953 |
require
or to order the director of agriculture to vacate or
| 954 |
modify a
NPDES permit shall require or order the director to
| 955 |
vacate or
modify a NPDES permit if the person receives or has
| 956 |
received
during the two years prior to serving on the board or
| 957 |
commission
or to the filing of the appeal a significant portion
| 958 |
of income
from any NPDES permittee or any applicant for a NPDES
| 959 |
permit.
| 960 |
(1) The director has received from the chief of the division | 981 |
of soil and water resources in the department of
natural | 982 |
resources a copy of an order issued under section 1511.02
of the | 983 |
Revised Code that specifies that the animal feeding
facility has | 984 |
caused agricultural pollution by failure to comply
with standards | 985 |
established under that section and that the animal
feeding | 986 |
facility therefore should be required to be permitted as a
medium | 987 |
or small concentrated animal feeding operationfacility. | 988 |
(B) If an animal feeding facility is required to be permitted | 994 |
in accordance with this section, the owner or operator of the | 995 |
facility shall apply to the director for a permit to operate as a | 996 |
concentrated animal feeding operation. In a situation in which | 997 |
best management practices cannot be implemented without modifying | 998 |
the existing animal feeding facility, the owner or operator of the | 999 |
facility also shall apply for a permit to install for the | 1000 |
facility. | 1001 |
Sec. 903.09. (A) Prior to issuing or modifying a permit to
| 1008 |
install, permit to operate, or NPDES permit, the director of
| 1009 |
agriculture shall issue a draft permit. The director or the
| 1010 |
director's
representative shall mail notice of the issuance of a
| 1011 |
draft permit to
the applicant and shall publish the notice once in
| 1012 |
a newspaper of
general circulation in the county in which the
| 1013 |
concentrated animal
feeding facility or discharger is located or
| 1014 |
proposed to be located.
The director shall mail notice of the
| 1015 |
issuance of a draft permit and a copy of the draft permit to the
| 1016 |
board
of county commissioners of the county and the board of
| 1017 |
township
trustees of the township in which the concentrated animal
| 1018 |
feeding
facility or discharger is located or proposed to be
| 1019 |
located.
The
director or the
director's representative also shall
| 1020 |
provide notice of the
issuance of a draft NPDES permit to any
| 1021 |
other
persons that are entitled to
notice under the Federal Water
| 1022 |
Pollution
Control Act.
Notice of the issuance of a draft permit
| 1023 |
to install, permit to
operate, or NPDES permit shall include the
| 1024 |
address where written
comments concerning the draft permit may be
| 1025 |
submitted and the period of time
during which
comments will be
| 1026 |
accepted as established by rule.
| 1027 |
(C) The
director shall apply the antidegradation policy
| 1039 |
adopted under section
6111.12 of the Revised Code to permits
| 1040 |
issued under this
chapter to the same degree and under the same
| 1041 |
circumstances as it applies to
permits issued under Chapter 6111.
| 1042 |
of the Revised
Code.
The director shall
hold one public meeting
| 1043 |
to consider antidegradation issues when
such a meeting is required
| 1044 |
by the antidegradation policy. When
allowed by the
antidegradation
| 1045 |
policy, the director shall hold the
public meeting
on
| 1046 |
antidegradation issues concurrently with any
public meeting
held
| 1047 |
for the draft permit.
| 1048 |
The director shall mail to the applicant or the permittee
| 1065 |
notice of the director's proposed action to deny, modify, suspend,
| 1066 |
or revoke a permit to install, permit to operate, or NPDES permit.
| 1067 |
The director shall publish the notice once in a newspaper of
| 1068 |
general circulation in the county in which the concentrated animal
| 1069 |
feeding facility or concentrated animal feeding operation is
| 1070 |
located or proposed to be located. The director shall mail a copy
| 1071 |
of the notice of the proposed action to the board of county
| 1072 |
commissioners of the county and to the board of township trustees
| 1073 |
of the township in which the concentrated animal feeding facility
| 1074 |
or concentrated animal feeding operation is located or proposed to
| 1075 |
be located. The director also shall provide notice of the
| 1076 |
director's proposed action to deny, modify, suspend, or revoke a
| 1077 |
permit to install, permit to operate, or NPDES permit to any other
| 1078 |
person that is entitled to notice under the Federal Water
| 1079 |
Pollution Control Act. The notice of the director's proposed
| 1080 |
action to deny, modify, suspend, or revoke a permit to install,
| 1081 |
permit to operate, or NPDES permit shall include the address where
| 1082 |
written comments concerning the director's proposed action may be
| 1083 |
submitted and the period of time during which comments will be
| 1084 |
accepted as established by rule. If the director receives written
| 1085 |
comments in an amount that demonstrates significant public
| 1086 |
interest, as defined by rule, the director shall schedule one
| 1087 |
public meeting to provide information to the public and to hear
| 1088 |
comments pertinent to the proposed action. The notice of the
| 1089 |
public meeting shall be provided in the same manner as the notice
| 1090 |
of the director's proposed action.
| 1091 |
The director
shall not issue an order that makes the
proposed
| 1092 |
action
final
until
the applicant or permittee has had an
| 1093 |
opportunity for an
adjudication
hearing in accordance with Chapter
| 1094 |
119. of the
Revised
Code,
except that section 119.12
of the
| 1095 |
Revised Code does
not apply. An order of the
director that
| 1096 |
finalizes the proposed
action or an order issuing a permit without
| 1097 |
a prior proposed
action may be appealed to the environmental
| 1098 |
review appeals
commission under sections 3745.04 to 3745.06 of the
| 1099 |
Revised Code.
| 1100 |
(2) In the case of an application for a permit to install or
| 1106 |
permit to operate that is not connected with an application for a
| 1107 |
NPDES permit, the director shall issue or propose to deny the
| 1108 |
permit not later than ninety days after receiving the application.
| 1109 |
If the
director has
proposed to deny the permit to install or
| 1110 |
permit to operate under
division (G)(2) of this section, the
| 1111 |
director shall issue an
order denying the permit or, if the
| 1112 |
director decides against the
proposed denial, issuing the permit
| 1113 |
not later than one hundred
eighty days after receiving the
| 1114 |
application. If the director denies
the permit, the director
shall
| 1115 |
notify the applicant in writing of
the reason for the
denial.
| 1116 |
(I) Upon the transfer of ownership of an animal feeding
| 1119 |
facility
for
which a permit to install, an installation permit, a
| 1120 |
review compliance
certificate, or a permit to
operate that
| 1121 |
contains no NPDES provisions has been issued, the
permit or
| 1122 |
certificate shall be
transferred to the new owner of the animal
| 1123 |
feeding facility except as provided
in
division (C) of section
| 1124 |
903.05 of the Revised Code.
In the case of the
transfer of
| 1125 |
ownership of a point source for which a NPDES permit
or a permit
| 1126 |
to operate that contains
NPDES provisions has been
issued, the
| 1127 |
permit shall be transferred
in accordance with rules.
| 1128 |
(J) Applications for installation permits for animal feeding
| 1129 |
facilities pending before the
director of environmental protection
| 1130 |
on the date on which the director of
agriculture has
finalized the
| 1131 |
programs required under division (A)(1) of section
903.02 and
| 1132 |
division (A)(1) of section 903.03 of the Revised
Code
shall be
| 1133 |
transferred to the director of agriculture. In the case of an
| 1134 |
applicant who
is required to obtain a permit to install and a
| 1135 |
permit to operate under
sections 903.02
and 903.03, respectively,
| 1136 |
of the Revised Code, the director
of
agriculture shall process the
| 1137 |
pending application for an installation permit
as
an application
| 1138 |
for a permit to install and a permit to operate.
| 1139 |
Best management practices established in rules adopted under
| 1225 |
division
(C) of this
section shall not conflict with best
| 1226 |
management practices
established in rules that have been adopted
| 1227 |
under any other
section of the Revised
Code and that are in effect
| 1228 |
on
March 15, 2001.
The rules adopted under
division (C) of this
| 1229 |
section shall establish guidelines that
require owners or
| 1230 |
operators of concentrated animal feeding
facilities to
consult
| 1231 |
with and work with local officials,
including boards of county
| 1232 |
commissioners and boards of township
trustees, in addressing
| 1233 |
issues related to local government
infrastructure needs and the
| 1234 |
financing of that infrastructure.
| 1235 |
(6) The amount of civil penalties for violation of an insect
| 1251 |
and rodent
control plan assessed by the director of agriculture
| 1252 |
under division
(B) of section 903.16 of
the
Revised Code, provided
| 1253 |
that the rules adopted under division
(D)(6) of this section shall
| 1254 |
not establish a civil penalty of more
than ten thousand dollars
| 1255 |
for a violation involving a concentrated animal
feeding facility
| 1256 |
that is not a major concentrated animal feeding facility
and shall
| 1257 |
not establish a civil penalty of more than twenty-five
thousand
| 1258 |
dollars for a violation involving a major concentrated
animal
| 1259 |
feeding
facility;
| 1260 |
(2) The content of the training required to be completed
and
| 1271 |
of the examination required to be passed by an applicant for
a
| 1272 |
livestock manager certification. The training
shall include and
| 1273 |
the examination shall test the applicant's
knowledge of
| 1274 |
information on topics that include
calculating nutrient values in
| 1275 |
manure,
devising and implementing a plan for the land application
| 1276 |
of
manure, removing manure held in a manure storage or treatment
| 1277 |
facility, and following best management
practices established in
| 1278 |
rules for disposal of dead
animals and manure management,
| 1279 |
including practices that control odor and protect the
environment.
| 1280 |
The director may specify other types of recognized
training
| 1281 |
programs that, if completed, are considered to satisfy
the
| 1282 |
training and examination requirement.
| 1283 |
(4) Terms and conditions to be included in a permit,
| 1311 |
including, as applicable, best management practices; installation
| 1312 |
of discharge or water quality monitoring methods or equipment;
| 1313 |
creation and retention of records; submission of periodic reports;
| 1314 |
schedules of compliance; net volume, net weight, and, where
| 1315 |
necessary, concentration and mass loading limits of manure
that
| 1316 |
may be
discharged into waters of the state; and authorized
| 1317 |
duration and
frequency of any discharges into waters of the state;
| 1318 |
(G) Establish public notice and participation requirements,
| 1347 |
in
addition to the
procedures established in rules adopted under
| 1348 |
division (F)(7) of this
section, for the issuance,
denial,
| 1349 |
modification, transfer, suspension, and revocation of permits to
| 1350 |
install, permits to operate, and NPDES permits consistent with
| 1351 |
section 903.09 of the Revised Code, including a definition of what
| 1352 |
constitutes significant public interest for the purposes of
| 1353 |
divisions
(A) and (F) of section 903.09 of the Revised Code and
| 1354 |
procedures
for public meetings. The rules shall require that
| 1355 |
information
that is
presented at
such a public meeting be limited
| 1356 |
to the
criteria that are applicable to the
permit
application that
| 1357 |
is the
subject of the public meeting.
| 1358 |
(H) Establish the amount of civil penalties assessed by the
| 1359 |
director of agriculture under division (B) of
section 903.16 of
| 1360 |
the Revised Code for violation of the terms and conditions of a
| 1361 |
permit to
install, permit to operate, or review compliance
| 1362 |
certificate, provided that
the
rules adopted under this division
| 1363 |
shall not establish a civil penalty of more
than ten thousand
| 1364 |
dollars per day for each violation;
| 1365 |
(I) Establish procedures for the protection of trade secrets
| 1366 |
from
public disclosure. The procedures shall authorize the
release
| 1367 |
of trade
secrets to officers, employees, or authorized
| 1368 |
representatives of the
state, another state, or the United States
| 1369 |
when necessary
for an
enforcement action brought under this
| 1370 |
chapter or when otherwise required
by the Federal Water Pollution
| 1371 |
Control
Act. The rules
shall require at least ten days' written
| 1372 |
notice to the person to whom a
trade secret applies prior to the
| 1373 |
release of the trade secret. Rules adopted
under this division do
| 1374 |
not apply to any information that is contained in
applications,
| 1375 |
including attachments, for
NPDES permits and that is required to
| 1376 |
be submitted under section
903.08
of the Revised Code or rules
| 1377 |
adopted under division (F) of this section.
| 1378 |
Sec. 903.15. (A) A person who is
aggrieved or adversely
| 1381 |
affected by an alleged nuisance related
to a concentrated animal
| 1382 |
feeding facility may submit a
complaint to the director of
| 1383 |
agriculture
alleging that the nuisance existsregarding a
| 1384 |
concentrated animal feeding facility or the discharge of a
| 1385 |
pollutant from an animal feeding operation. The complaint may
be
| 1386 |
made orally or in
writing. If the complaint is made in
writing, it
| 1387 |
shall be signed by the person making it and dated.
| 1388 |
(B) After receiving a written, signed, and dated complaint,
| 1389 |
the
director shall, or after receiving an oral complaint the
| 1390 |
director may, cause
an investigation to be conducted to determine
| 1391 |
if the owner or operator of the concentrated animal feeding
| 1392 |
facility is
complying with athis chapter, rules adopted under
| 1393 |
it, or any
terms and conditions of any permit or review
| 1394 |
compliance
certificateissued under it or to determine if a
| 1395 |
discharge of a
pollutant is occurring or has occurred at the
| 1396 |
animal feeding
operation.
| 1397 |
(C)(1) If, upon completion of the
investigation, the
director
| 1398 |
determines that the owner or
operator is in compliance
with
a | 1399 |
this
chapter, rules adopted under it, or any terms and conditions
| 1400 |
of
any permit or review compliance certificateissued under it or
| 1401 |
determines that a discharge of a pollutant is not occurring or has
| 1402 |
not occurred at the animal feeding operation,
the
director shall
| 1403 |
dismiss the complaint and notify the complainant
and the owner or
| 1404 |
operator of the
concentrated animal feeding facility or animal
| 1405 |
feeding operation,
whichever is applicable, of the dismissal.
| 1406 |
(2) If the director determines that the owner or
operator is
| 1407 |
not in compliance with a permit
or review compliance
certificate | 1408 |
this chapter, rules adopted under it, or any terms and
conditions
| 1409 |
of any permit issued under it or determines that a
discharge of a
| 1410 |
pollutant is occurring or has occurred at the
animal feeding
| 1411 |
operation,
the director shall proceed in
accordance
with section
| 1412 |
903.16 or
903.17 of the Revised Code, or
both, as applicable.
| 1413 |
Sec. 903.16. (A) The director of agriculture may propose to
| 1414 |
require corrective actions and assess a civil penalty against an
| 1415 |
owner or
operator of a concentrated animal feeding facility if the
| 1416 |
director
or the director's authorized representative determines
| 1417 |
that the
owner or operator is not in compliance with section
| 1418 |
903.02, 903.03, or 903.04 or division (A) of section 903.07 of the
| 1419 |
Revised Code, the terms and
conditions of a permit to install,
| 1420 |
permit to operate, or review
compliance certificate issued for the
| 1421 |
concentrated animal feeding
facility,
including the requirements
| 1422 |
established under
division
(C) of section 903.06 or division (A)
| 1423 |
of section
903.07 of the
Revised Code, or rules adopted under
| 1424 |
division (A), (B), (C), (D), (E), or (J) of section 903.10 of the
| 1425 |
Revised Code. However, the director may impose a
civil penalty
| 1426 |
only if all of the following occur:
| 1427 |
(1) A person who has violated section 903.02, 903.03, or
| 1452 |
903.04 of the Revised Code, the terms and conditions of a
permit
| 1453 |
to install, permit to operate, or review compliance
certificate,
| 1454 |
or rules adopted under division (A), (B), (C), (D), (E), or (J) of
| 1455 |
section 903.10 of the Revised Code
shall pay a civil penalty in an
| 1456 |
amount established in
rules unless the
violation is of the
| 1457 |
requirements established
under division (C) of section 903.06 or
| 1458 |
division (A) of section
903.07 of the Revised
Code.
| 1459 |
(C) The attorney general, upon the written request of the
| 1470 |
director, shall bring an action for an injunction in any court
of
| 1471 |
competent jurisdiction against any person violating or threatening
| 1472 |
to
violate
section 903.02, 903.03, or 903.04 or division (A) of
| 1473 |
section 903.07 of the Revised Code;
the
terms and conditions of a
| 1474 |
permit
to install, permit to
operate, or review compliance
| 1475 |
certificate,
including the
requirements established under division
| 1476 |
(C) of section 903.06
or
division (A) of section
903.07 of the
| 1477 |
Revised Code;
rules adopted
under division (A), (B), (C), (D),
| 1478 |
(E), or
(J) of section 903.10 of the Revised Code;
or an
order
| 1479 |
issued
under division
(B) of
this section or division (B) of
| 1480 |
section
903.07 of the Revised Code.
| 1481 |
(D)(1) In lieu of seeking civil penalties under division
(A)
| 1482 |
of
this section, the director may request the attorney
general, in
| 1483 |
writing, to bring an action for a civil penalty in a court of
| 1484 |
competent jurisdiction against any person that has violated or is
| 1485 |
violating division (A) of section 903.07 of the Revised Code or | 1486 |
the terms and conditions of a permit to install,
permit
to
| 1487 |
operate, or review compliance certificate, including
the
| 1488 |
requirements established under division (C) of section 903.06 or
| 1489 |
division (A) of section 903.07 of the Revised
Code.
| 1490 |
(2) The director may request the attorney general, in
| 1491 |
writing, to
bring an action for a civil penalty in a court of
| 1492 |
competent jurisdiction
against any person that has violated or is
| 1493 |
violating section 903.02,
903.03, or 903.04 of the Revised Code,
| 1494 |
rules adopted under
division
(A), (B), (C), (D), (E), or (J) of
| 1495 |
section 903.10 of the Revised
Code, or an
order issued under
| 1496 |
division (B) of this section or division (B) of section 903.07 of
| 1497 |
the Revised Code.
| 1498 |
(E) In addition to any other penalties imposed under this | 1504 |
section, the director may impose an administrative penalty against | 1505 |
an owner or operator of a concentrated animal feeding facility if | 1506 |
the director or the director's authorized representative | 1507 |
determines that the owner or operator is not in compliance with | 1508 |
best management practices that are established in rules adopted | 1509 |
under division (C) or (D) of section 903.10 of the Revised Code or | 1510 |
in the permit to install, permit to operate, or review compliance | 1511 |
certificate issued for the facility. The administrative penalty | 1512 |
shall not exceed five thousand dollars. | 1513 |
The director shall afford the owner or operator an | 1514 |
opportunity for an adjudication hearing under Chapter 119. of the | 1515 |
Revised Code to challenge the director's determination under this | 1516 |
division, the director's imposition of an administrative penalty | 1517 |
under this division, or both. The director's determination and the | 1518 |
imposition of the administrative penalty may be appealed in | 1519 |
accordance with section 119.12 of the Revised Code. | 1520 |
Sec. 903.17.
(A) The director of agriculture may propose to
| 1521 |
require corrective
actions and assess a civil penalty against an
| 1522 |
owner or operator of
a
point sourcean animal feeding operation if
| 1523 |
the director or the
director's
authorized representative
| 1524 |
determines that the owner or
operator is
not in compliance with
| 1525 |
section 903.08 of
the Revised
Code,
the terms and conditions of a
| 1526 |
NPDES
permit, the
NPDES
provisions of a permit to operate, or
| 1527 |
rules
adopted under
division
(F) of section 903.10 of
the Revised
| 1528 |
Code. However, the
director
may impose a civil
penalty only if
| 1529 |
all
of the following
occur:
| 1530 |
(B) If the opportunity for an adjudication hearing is waived
| 1548 |
or
if, after an adjudication hearing, the director determines that
| 1549 |
a
violation has occurred or is occurring, the director may issue
| 1550 |
an
order and assess a civil penalty of not more than ten thousand
| 1551 |
dollars per violation against the violator. For purposes of
| 1552 |
determining the
civil penalty, each day that a violation continues
| 1553 |
constitutes a separate and
distinct violation.
The order and the
| 1554 |
assessment of the civil penalty may be appealed in accordance with
| 1555 |
section 119.12 of the Revised Code.
| 1556 |
(D)(1) The attorney general, upon the written request of the
| 1560 |
director, shall bring an action for an injunction in any court of
| 1561 |
competent
jurisdiction against any person violating or
threatening
| 1562 |
to violate section 903.08 of the Revised Code,
the terms and
| 1563 |
conditions of a
NPDES permit, the NPDES provisions of a permit to
| 1564 |
operate,
rules adopted under division (F)
of section 903.10 of the
| 1565 |
Revised Code, or an order issued
under division (B) of this
| 1566 |
section.
| 1567 |
(2) In lieu of seeking civil penalties under division (A) of
| 1568 |
this
section, the director may request, in writing, the attorney
| 1569 |
general to bring
an action for a civil penalty of not more than
| 1570 |
ten
thousand dollars per violation in a court of competent
| 1571 |
jurisdiction against any person that has violated or is violating
| 1572 |
section 903.08 of the Revised Code, the terms and conditions
of a
| 1573 |
NPDES permit, the NPDES provisions of a permit to
operate, rules
| 1574 |
adopted under division (F) of
section 903.10 of
the
Revised Code,
| 1575 |
or an order issued under division (B)
of this
section. For
| 1576 |
purposes of determining the civil penalty to be assessed
under
| 1577 |
division (B) of this section, each day that a violation
continues
| 1578 |
constitutes a separate and distinct violation.
| 1579 |
(E) In addition to any other penalties imposed under this | 1580 |
section, the director may impose an administrative penalty against | 1581 |
an owner or operator of an animal feeding operation if the | 1582 |
director or the director's authorized representative determines | 1583 |
that the owner or operator has discharged pollutants into waters | 1584 |
of the state in violation of section 903.08 of the Revised Code or | 1585 |
the terms and conditions of a NPDES permit or the NPDES provisions | 1586 |
of the permit to operate issued for the operation. The | 1587 |
administrative penalty shall not exceed five thousand dollars. | 1588 |
The director shall afford the owner or operator an | 1589 |
opportunity for an adjudication hearing under Chapter 119. of the | 1590 |
Revised Code to challenge the director's determination under this | 1591 |
division, the director's imposition of an administrative penalty | 1592 |
under this division, or both. The director's determination and the | 1593 |
imposition of the administrative penalty may be appealed in | 1594 |
accordance with section 119.12 of the Revised Code. | 1595 |
(B) Advise, consult, and cooperate with other agencies of
the
| 1601 |
state, the federal government, other states, and interstate
| 1602 |
agencies and with affected groups, political subdivisions, and
| 1603 |
industries in furtherance of the purposes of this chapter. Before
| 1604 |
adopting,
amending, or rescinding a standard or rule
pursuant to
| 1605 |
division (G) of this section or section 6111.041
or 6111.042 of
| 1606 |
the Revised Code, the director shall do all of the following:
| 1607 |
(E) Encourage, participate in, or conduct studies,
| 1631 |
investigations, research, and demonstrations relating to water
| 1632 |
pollution, and the causes, prevention, control, and abatement
| 1633 |
thereof, that are advisable and necessary for the
discharge of the
| 1634 |
director's
duties under this chapter;
| 1635 |
In the making of those orders, wherever compliance with a
| 1657 |
rule adopted under section 6111.042 of the Revised Code is not
| 1658 |
involved, consistent with the Federal Water Pollution Control
Act,
| 1659 |
the director shall give consideration to, and base
the
| 1660 |
determination on, evidence relating to the technical feasibility
| 1661 |
and economic reasonableness of complying with those orders and to
| 1662 |
evidence relating to conditions calculated to result from
| 1663 |
compliance with those orders, and their relation to benefits to
| 1664 |
the people of the state to be derived from such compliance in
| 1665 |
accomplishing the purposes of this chapter.
| 1666 |
(J)(1) Issue, revoke, modify, or deny sludge management
| 1671 |
permits
and
permits for
the
discharge of sewage, industrial waste,
| 1672 |
or other wastes into the
waters of the state, and for the
| 1673 |
installation or modification of
disposal systems or any parts
| 1674 |
thereof in compliance with all
requirements of the Federal Water
| 1675 |
Pollution Control Act and
mandatory regulations adopted
| 1676 |
thereunder, including regulations adopted
under section 405 of the
| 1677 |
Federal Water Pollution
Control Act, and set terms and
conditions
| 1678 |
of permits, including schedules of compliance, where
necessary.
| 1679 |
Any person who discharges, transports, or handles storm water
from
| 1680 |
an animal feeding facility, as defined in section 903.01 of
the
| 1681 |
Revised Code, or manurepollutants from a concentrated animal
| 1682 |
feeding operation, as both terms are defined in that section, is
| 1683 |
not
required to obtain a permit under division (J)(1) of this
| 1684 |
section
for the installation or modification of a disposal system
| 1685 |
involving manurepollutants or storm water or any parts of such a
| 1686 |
system on
and after the date on which the director of agriculture
| 1687 |
has
finalized the program required under division (A)(1) of
| 1688 |
section
903.02 of the Revised Code. In addition, any person who
| 1689 |
discharges, transports, or handles storm water from an animal
| 1690 |
feeding facility, as defined in section 903.01 of the revised
code | 1691 |
Revised Code, or manurepollutants from a concentrated animal
| 1692 |
feeding operation, as both terms are defined in that section, is
| 1693 |
not required to
obtain a permit under division (J)(1) of this
| 1694 |
section for the
discharge of storm water from an animal feeding
| 1695 |
facility or manurepollutants from a concentrated animal feeding
| 1696 |
operation on and after the date on which
the United States
| 1697 |
environmental protection agency approves
the
NPDES program
| 1698 |
submitted by the director of agriculture under
section 903.08 of
| 1699 |
the Revised Code.
| 1700 |
Any permit terms and conditions set by the director shall be
| 1701 |
designed to achieve
and maintain full compliance with the national
| 1702 |
effluent
limitations, national standards of performance for new
| 1703 |
sources,
and national toxic and pretreatment effluent standards
| 1704 |
set under
that act, and any other mandatory requirements of that
| 1705 |
act that
are imposed by regulation of the administrator of the
| 1706 |
United
States environmental protection agency. If an applicant
for
| 1707 |
a
sludge management permit also applies for a related permit
for
| 1708 |
the discharge
of sewage, industrial waste, or other wastes
into
| 1709 |
the waters of the state, the
director may combine the two
permits
| 1710 |
and issue one permit to the applicant.
| 1711 |
(3) To achieve and maintain applicable standards of quality
| 1745 |
for
the waters of the state adopted pursuant to section 6111.041
| 1746 |
of
the Revised Code, the director shall impose, where necessary
| 1747 |
and
appropriate, as conditions of each permit, water quality
| 1748 |
related
effluent limitations in accordance with sections 301, 302,
| 1749 |
306,
307, and 405 of the Federal Water
Pollution
Control Act and,
| 1750 |
to
the extent consistent with that act, shall give
consideration
| 1751 |
to, and
base the determination on, evidence relating to the
| 1752 |
technical feasibility and economic reasonableness of removing the
| 1753 |
polluting
properties from those wastes and to evidence relating to
| 1754 |
conditions calculated to result from that action and their
| 1755 |
relation to benefits to the people of the state and to
| 1756 |
accomplishment of the purposes of this chapter.
| 1757 |
(4) Where a discharge having a thermal component from a
| 1758 |
source
that is constructed or modified on or after October 18,
| 1759 |
1972,
meets national or state effluent limitations or more
| 1760 |
stringent
permit conditions designed to achieve and maintain
| 1761 |
compliance
with applicable standards of quality for the waters of
| 1762 |
the state,
which limitations or conditions will ensure protection
| 1763 |
and
propagation of a balanced, indigenous population of shellfish,
| 1764 |
fish, and wildlife in or on the body of water into which the
| 1765 |
discharge is made, taking into account the interaction of the
| 1766 |
thermal component with sewage, industrial waste, or other wastes,
| 1767 |
the director shall not impose any more stringent limitation on
the
| 1768 |
thermal component of the discharge, as a condition of a
permit or
| 1769 |
renewal thereof for the discharge, during a ten-year
period
| 1770 |
beginning on the date of completion of the construction or
| 1771 |
modification of the source, or during the period of depreciation
| 1772 |
or amortization of the source for the purpose of section 167 or
| 1773 |
169 of the Internal Revenue Code of 1954, whichever period ends
| 1774 |
first.
| 1775 |
(5) The director shall specify in permits for the discharge
| 1776 |
of
sewage, industrial waste, and other wastes, the net volume, net
| 1777 |
weight, duration, frequency, and, where necessary, concentration
| 1778 |
of the sewage, industrial waste, and other wastes that may be
| 1779 |
discharged into the waters of the state. The director shall
| 1780 |
specify in those permits and in sludge management permits that the
| 1781 |
permit is conditioned upon
payment of applicable fees as required
| 1782 |
by section 3745.11 of the
Revised Code and upon the right of the
| 1783 |
director's authorized
representatives to enter upon the premises
| 1784 |
of the person to whom the permit
has been issued for the purpose
| 1785 |
of determining compliance with this
chapter, rules adopted
| 1786 |
thereunder, or the terms and conditions of
a permit, order, or
| 1787 |
other determination. The director shall
issue or deny an
| 1788 |
application for a sludge management permit or a permit
for a new
| 1789 |
discharge,
for the installation or modification of a disposal
| 1790 |
system, or for
the renewal of a permit, within one hundred eighty
| 1791 |
days of the date
on which a complete application with all plans,
| 1792 |
specifications, construction schedules, and other pertinent
| 1793 |
information required by the director is received.
| 1794 |
(6) The director may
condition
permits upon the installation
| 1795 |
of discharge or water quality
monitoring equipment or devices and
| 1796 |
the filing of periodic
reports on the amounts and contents of
| 1797 |
discharges and the quality
of receiving waters that the director
| 1798 |
prescribes. The
director
shall condition each permit for a
| 1799 |
government-owned disposal
system or any other "treatment works" as
| 1800 |
defined
in the Federal Water Pollution Control Act upon the
| 1801 |
reporting
of new introductions of industrial waste or other wastes
| 1802 |
and
substantial changes in volume or character thereof being
| 1803 |
introduced into those systems or works from "industrial users" as
| 1804 |
defined in section 502 of that act, as necessary to comply with
| 1805 |
section 402(b)(8) of that act; upon the identification of the
| 1806 |
character and volume of pollutants subject to pretreatment
| 1807 |
standards being introduced into the system or works; and upon the
| 1808 |
existence of a program to ensure compliance with pretreatment
| 1809 |
standards by "industrial users" of the system or works. In
| 1810 |
requiring monitoring devices and reports, the director, to the
| 1811 |
extent consistent with the Federal Water Pollution Control
Act,
| 1812 |
shall give consideration to technical feasibility and economic
| 1813 |
reasonableness and shall allow reasonable time for compliance.
| 1814 |
(7) A permit may be issued for a period not to exceed five
| 1815 |
years and
may be renewed upon application for renewal and upon a
| 1816 |
finding
by the director that the permit holder is making
| 1817 |
satisfactory
progress toward the achievement of all applicable
| 1818 |
standards and
has complied with the terms and conditions of the
| 1819 |
existing
permit. A permit may be modified, suspended, or revoked
| 1820 |
for
cause, including, but not limited to, violation of any
| 1821 |
condition
of the permit, obtaining a permit by misrepresentation
| 1822 |
or failure
to disclose fully all relevant facts of the permitted
| 1823 |
discharge or of the
sludge
use, storage, treatment, or disposal
| 1824 |
practice, or changes in any condition
that requires either a
| 1825 |
temporary or permanent reduction or
elimination of the permitted
| 1826 |
activity. No application
shall be
denied or permit revoked or
| 1827 |
modified without a written order
stating the findings upon which
| 1828 |
the denial, revocation, or
modification is based. A copy of the
| 1829 |
order shall be sent to the
applicant or permit holder by certified
| 1830 |
mail.
| 1831 |
(N) Issue, modify, and revoke orders requiring any
| 1845 |
"industrial user" of any publicly owned "treatment works" as
| 1846 |
defined in sections 212(2) and 502(18) of the Federal
Water
| 1847 |
Pollution Control Act to comply with pretreatment standards;
| 1848 |
establish and maintain records; make reports; install, use, and
| 1849 |
maintain monitoring equipment or methods, including, where
| 1850 |
appropriate, biological monitoring methods; sample discharges in
| 1851 |
accordance with methods, at locations, at
intervals, and in a
| 1852 |
manner that the
director determines; and
provide other information
| 1853 |
that is necessary to
ascertain
whether or not there is compliance
| 1854 |
with toxic and pretreatment
effluent standards. In issuing,
| 1855 |
modifying, and revoking those
orders, the director, to the extent
| 1856 |
consistent with the Federal
Water Pollution Control Act, shall
| 1857 |
give consideration to
technical feasibility and economic
| 1858 |
reasonableness and shall allow
reasonable time for compliance.
| 1859 |
(R) Except as otherwise provided in this division,
adopt
| 1904 |
rules in accordance
with Chapter 119. of the
Revised Code
| 1905 |
establishing procedures, methods, and equipment and
other
| 1906 |
requirements for equipment to prevent and contain
discharges of
| 1907 |
oil and hazardous substances into the waters of the
state. The
| 1908 |
rules shall be consistent with and equivalent in
scope, content,
| 1909 |
and coverage to section 311(j)(1)(c) of the
Federal Water
| 1910 |
Pollution Control Act and regulations adopted
under it. The
| 1911 |
director shall not adopt rules under this division relating to
| 1912 |
discharges of oil from oil production facilities and oil drilling
| 1913 |
and workover
facilities as those terms are defined in that act and
| 1914 |
regulations adopted
under it.
| 1915 |
The
director may specify in sludge management permits the net
| 1941 |
volume, net weight,
quality, and
pollutant concentration of the
| 1942 |
sludge or sludge materials that may be
used, stored, treated, or
| 1943 |
disposed of, and the manner and frequency
of
the use, storage,
| 1944 |
treatment, or disposal, to protect public health and the
| 1945 |
environment from adverse effects relating to those activities.
The
| 1946 |
director shall impose other terms and conditions to protect
public
| 1947 |
health and the environment, minimize the creation of
nuisance
| 1948 |
odors, and achieve compliance with this chapter and
rules
adopted
| 1949 |
under it and, in doing so, shall consider whether the
terms and
| 1950 |
conditions are consistent with the goal of encouraging
the
| 1951 |
beneficial reuse of
sludge and sludge materials.
| 1952 |
The director may condition permits on the implementation
of
| 1953 |
treatment, storage, disposal, distribution, or application
| 1954 |
management methods and the filing of periodic reports on the
| 1955 |
amounts, composition, and quality of sludge and sludge materials
| 1956 |
that are disposed of, used, treated, or stored.
| 1957 |
(2) As a part of the program established under division
| 1962 |
(S)(1) of
this section, the director has exclusive authority to
| 1963 |
regulate sewage sludge
management in this state. For purposes of
| 1964 |
division (S)(2) of this
section, that program shall be consistent
| 1965 |
with section 405 of the
Federal Water Pollution Control
Act and
| 1966 |
regulations adopted under it and with this section, except
that
| 1967 |
the director may adopt rules under division (S) of this section
| 1968 |
that establish requirements that are more stringent than section
| 1969 |
405 of the
Federal Water Pollution Control
Act and regulations
| 1970 |
adopted under it with regard to monitoring sewage
sludge and
| 1971 |
sewage sludge materials and establishing acceptable sewage sludge
| 1972 |
management practices and pollutant levels in sewage sludge and
| 1973 |
sewage sludge
materials.
| 1974 |
This chapter authorizes the state to participate in any
| 1975 |
national sludge
management program and the national pollutant
| 1976 |
discharge elimination
system,
to administer
and enforce the
| 1977 |
publicly owned treatment works pretreatment
program, and to issue
| 1978 |
permits for the discharge of dredged or
fill materials, in
| 1979 |
accordance with the Federal Water Pollution
Control Act. This
| 1980 |
chapter shall be administered, consistent
with the laws of this
| 1981 |
state and federal law, in the same manner
that the Federal Water
| 1982 |
Pollution Control Act is required to be
administered.
| 1983 |
This section does not apply to animal waste
disposal
systems
| 1984 |
and related management and conservation
practices
subject
to rules
| 1985 |
adopted pursuant to division (E)(4) of section
1511.02 of
the
| 1986 |
Revised Code.
However, until the
date on
which
the United States
| 1987 |
environmental protection agency
approves
the
NPDES program
| 1988 |
submitted by the director of
agriculture under
section 903.08 of
| 1989 |
the Revised Code, this
exclusion does not
apply
to animal waste
| 1990 |
treatment works having a
controlled direct
discharge to the waters
| 1991 |
of the state or any concentrated animal feeding operation, as
| 1992 |
defined in 40 C.F.R. 122.23(b)(2). On and
after the date on
which
| 1993 |
the United States environmental protection
agency
approves
the
| 1994 |
NPDES program submitted by the director of
agriculture under
| 1995 |
section 903.08 of the Revised Code, this section
does not
apply
to
| 1996 |
storm water from an animal feeding facility, as
defined in section
| 1997 |
903.01 of the Revised Code, or to manurepollutants discharged
| 1998 |
from a concentrated animal feeding operation, as both terms are | 1999 |
defined in that
section. Neither of these exclusions applies
to
| 2000 |
the discharge of
animal waste into a publicly owned treatment
| 2001 |
works.
| 2002 |
Section 2. That existing sections 903.01, 903.02, 903.03,
| 2003 |
903.04, 903.05, 903.06, 903.07, 903.08, 903.081, 903.082, 903.09,
| 2004 |
903.10, 903.15, 903.16, 903.17, and 6111.03 of the Revised Code
| 2005 |
are hereby repealed.
| 2006 |
Section 3. The amendments by this act of divisions (C)(1) and | 2007 |
(H) of section 903.02; divisions (A), (C)(1), and (I) of section | 2008 |
903.03; divisions (D) and (E)(2)(a) of section 903.04; sections | 2009 |
903.05, 903.06, and 903.07; divisions (A)(2) to (14) and (E) of | 2010 |
section 903.10; section 903.16; and division (E) of section 903.17 | 2011 |
of the Revised Code become
operative on the date on which the | 2012 |
Administrator of the United
States Environmental Protection | 2013 |
Agency approves the National
Pollutant Discharge Elimination | 2014 |
System program submitted by the
Director of Agriculture under | 2015 |
section 903.08 of the Revised Code
as amended by this act. | 2016 |
Section 4. This act is hereby declared to be an emergency
| 2017 |
measure necessary for the immediate preservation of the public
| 2018 |
peace, health, and safety. The reason for such necessity is to
| 2019 |
expedite the process of receiving approval from the Administrator
| 2020 |
of the United States Environmental Protection Agency for the
| 2021 |
Director of Agriculture to administer certain national pollutant
| 2022 |
discharge elimination system permits. Therefore, this act shall go
| 2023 |
into immediate effect.
| 2024 |