Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-02 - Effluent limitations definitions and applicability

Current through all regulations passed and filed through July 1, 2024
(A) Rules 901:10-3-02 to
			 901:10-3-11
			 of the Administrative Code are applicable to concentrated animal feeding
			 operations that are subject to a NPDES permit and establish effluent
			 limitations for both the production area and the land application area as those
			 terms are defined in section
			 903.01 of the Revised Code. The
			 discharge of manure to waters of the state by the owner or operator of a
			 concentrated animal feeding operation from land application areas under the
			 control of the owner or operator, is a discharge from that concentrated animal
			 feeding operation and subject to a NPDES permit unless the discharge is an
			 agricultural stormwater discharge. Where the manure has been applied in
			 accordance with site specific nutrient management practices that ensure
			 appropriate agricultural utilization of nutrients in manure in compliance with
			 the best management practices set forth in Chapter 901:10-2 of the
			 Administrative Code, then a precipitation-related discharge of manure from land
			 application areas under the control of an owner or operator is an agricultural
			 stormwater discharge. Large concentrated animal feeding operations that lack a
			 NPDES permit must maintain the records specified in rule
			 901:10-2-16
			 of the Administrative Code either on site or at a nearby office, and make the
			 records readily available to the director upon request.
(B) An animal feeding facility is defined as
			 a concentrated animal feeding operation if the specific threshold specified in
			 division (M) of section
			 903.01 of the Revised Code is
			 met for any one animal species. "Concentrated animal feeding operation" also
			 means any animal feeding facility that meets the criteria of division (Q) or
			 division (FF) of section
			 903.01 of the Revised Code. Once
			 an operation is defined as a concentrated animal feeding operation, the NPDES
			 requirements apply with respect to all animals in confinement at the operation
			 and all manure generated by those animals or the production of those animals,
			 regardless of the type of animal.
(C) Best practicable control technology
			 currently available or BPT means the degree of effluent reduction attainable
			 through the application of the best control measures and practices currently
			 available which shall be determined by taking into account the total cost of
			 application of technology in relation to the effluent reduction benefits to be
			 achieved from such application, the age of the equipment and facilities
			 involved, the process employed, the engineering aspects of the application of
			 various types of control techniques, process changes, non-water quality
			 environmental impacts (including energy requirements) and such other factors as
			 deemed appropriate.
(D) Best
			 available technology economically achievable or BAT means the degree of
			 effluent reduction attainable through the application of the best control
			 measures and practices achievable including treatment techniques, process and
			 procedure innovations, operating methods and other alternatives. BAT shall be
			 determined by taking into account the age of equipment and facilities involved,
			 the process employed, the engineering aspects of the application of various
			 types of control techniques, process changes, the cost of achieving such
			 effluent reduction, non-water quality environmental impacts (including energy
			 requirements) and such other factors as deemed appropriate.
(E) Any facility or operation subject to
			 Chapter 903. of the Revised Code that introduces manure, including process
			 wastewater, into a publicly owned treatment works must comply with 40 CFR part
			 403(2005) and Chapter 6111. of the Revised Code
			 and rules promulgated thereunder.