reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-1 - General Requirements › Section 901:10-1-09 - Permit modifications

Current through all regulations passed and filed through July 1, 2024
(A) No
			 permit to install, permit to operate or NPDES permit shall be modified unless
			 the modification is in compliance with this rule. When a permit is modified,
			 only the conditions subject to modification are reopened. A draft permit
			 incorporating the proposed changes must be prepared and is subject to public
			 notice and public participation procedures as set forth in rules
			 901:10-6-01 to
			 901:10-6-06 of
			 the Administrative Code.
(B) The
			 director may propose to modify a permit and may seek the consent of the owner
			 or operator modifying the permit. The director may modify a permit for the
			 following reasons which include, but are not limited to:
(1) Information submitted by the owner or
			 operator requesting to modify the permit;
(2) Information obtained through
			 inspections;
(3) A permit is
			 reviewed by the director, or
(4)
			 Other causes as provided in
			 40
			 CFR section
			 122.62(a).
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-1 - General Requirements › Section 901:10-1-10 - Prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) No person shall
			 modify an existing or construct a new concentrated animal feeding facility
			 without first obtaining a permit to install issued by the director under
			 section 903.02 of the Revised
			 Code.
(B) Except for a concentrated
			 animal feeding facility that is operating under an installation permit issued
			 by the director of environmental protection or a review compliance certificate
			 issued by the director, on and after the date on which the program has been
			 finalized under section
			 903.01 of the Revised Code, no
			 person shall operate a concentrated animal feeding facility without a permit
			 issued by the director under section
			 903.03 of the Revised
			 Code.
(C) No person to whom a NPDES
			 permit has been issued shall discharge or cause to be discharged, in any waters
			 of the state any manure, pollutants, or stormwater resulting from an animal
			 feeding facility in excess of the permissive discharges specified under an
			 existing permit.
(D) On and after
			 the date on which the United States environmental protection agency approves
			 the NPDES program submitted by the director of agriculture under section
			 903.08 of the Revised Code, no
			 person shall discharge pollutants from a concentrated animal feeding operation
			 into waters of the state unless authorized by a valid and unexpired NPDES
			 permit issued by the director or unless an application for renewal of such
			 NPDES permit has been submitted by the person and is pending.
(E) Any person who discharges or proposes to
			 discharge pollutants shall apply for a NPDES permit. A concentrated animal
			 feeding operation proposes to discharge if it is designed, constructed,
			 operated, or maintained such that a discharge will occur.
(F) On and after the date on which the United
			 States environmental protection agency approves the NPDES program submitted by
			 the director, no person shall discharge stormwater resulting from an animal
			 feeding facility unless authorized by a NPDES permit when such a permit is
			 required by the act and subsequently issued by the director of agriculture
			 pursuant to section 903.08 of the Revised
			 Code.
(G) No person shall violate
			 the terms and conditions of a permit to install, permit to operate, review
			 compliance certificate, or NPDES permit.
(H) No person shall violate any effluent
			 limits established by rule.
(I) No
			 person shall violate any other provision of a NPDES permit issued by the
			 director.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-1 - General Requirements › Section 901:10-1-11 - Exclusions

Current through all regulations passed and filed through July 1, 2024
The following discharges do not require NPDES permits:
(A) Discharges of dredged or fill material
			 into waters of the state which are regulated under section 404 of the act
			 which is codified in
			 33 USC
			 1344 (February 4, 1987) and by the
			 director of Ohio environmental protection
			 agency in accordance with Chapter 6111. of the
			 Revised Code.
(B) The introduction
			 of sewage, industrial wastes, or other pollutants into publicly owned treatment
			 works by indirect dischargers. Plans or agreements to switch to this method of
			 disposal in the future do not relieve dischargers of the obligation to have and
			 comply with NPDES permits until all discharges of pollutants to waters of the
			 state are eliminated. This exclusion does not apply to the introduction of
			 pollutants to privately owned treatment works or to other discharges through
			 pipes, sewers, or other conveyances owned by a state, municipality, or other
			 party not leading to treatment works.
(C) Any discharge in compliance with the
			 instruction of a federal on-scene coordinator, as that term is defined in
			 section 2305.39 of the Revised Code, who
			 is the federal official designated in the national contingency plan pursuant to
			 40 CFR part 300(September 15, 1994) ("The
			 National Oil and Hazardous Substances Pollution Contingency Plan") or 33 CFR
			 153.103(n)
			 (June 19, 2008) ("Pollution by Oil and Hazardous Substances").
(D) Any introduction of pollutants from
			 nonpoint source agricultural and silvicultural activities, including stormwater
			 runoff from orchards, cultivated crops, pastures range lands and forest lands,
			 but not discharges from concentrated animal feeding operations, discharges to
			 aquaculture projects, and discharges from silvicultural point
			 sources.
(E) Return flows from
			 irrigated agriculture.
(F)
			 Discharges into a privately owned treatment works, except as the director of
			 the Ohio environmental protection
			 agency may otherwise require.
Effective:
				5/7/2017
Five Year Review (FYR) Dates:
				02/17/2017 and
				05/07/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 903.08,
				903.10
Rule
				Amplifies: 903.01,
				903.02,
				903.03,
				903.04,
				903.05,
				903.07,
				903.08,
				903.081,
				903.082,
				903.09,
				903.10
Prior
				Effective Dates: 9/15/2005
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-01 - Permit to install: purpose and applicability

Current through all regulations passed and filed through July 1, 2024
(A) Purpose and applicability of a permit to
			 install.
(1) No person shall construct a new
			 concentrated animal feeding facility without first obtaining a permit to
			 install issued by the director.
(2)
			 Any person who plans to construct a large concentrated animal feeding operation
			 or a concentrated animal feeding facility or major concentrated animal feeding
			 facility shall comply with applicable rules 901:10-2-01 to
			 901:10-2-06
			 of the Administrative Code.
(3) Any
			 animal feeding facility that is a small or medium concentrated animal feeding
			 operation may be required by the director to comply with applicable rules
			 901:10-2-01 and
			 901:10-2-03
			 to
			 901:10-2-06
			 of the Administrative Code.
(a) If the
			 director has made a determination that the medium or small animal feeding
			 facility shall be required to be permitted as a medium or small concentrated
			 animal feeding operation; and
(b)
			 If the director determines that the existing animal feeding facility requires
			 modifications in order to comply with best management
			 practices.
(4) A person
			 that is required to obtain both a permit to install pursuant to section
			 903.02 of the Revised Code and a
			 permit to operate pursuant to section
			 903.03 of the Revised Code shall
			 submit both applications for those permits simultaneously.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-02 - Permit to install: siting criteria

Current through all regulations passed and filed through July 1, 2024
Manure storage or treatment facilities shall be designed and
				constructed in accordance with the criteria in paragraphs of (A) to (N) of this
				rule. In this rule siting means a measure of horizontal or vertical distance
				for purposes of installing the manure storage or treatment facility.
(A) Water wells and/or class five
			 agricultural drainage wells together hereinafter are referred to as "well".
(1) A fabricated structures shall be at least
			 fifty horizontal feet from a well.
(2) A manure storage pond or manure treatment
			 lagoon shall be at least three hundred horizontal feet from a well.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-04 - Manure storage and treatment facilities

Current through all regulations passed and filed through July 1, 2024
(A) An application for a permit to install
			 shall include analysis of manure that is sampled and analyzed in accordance
			 with paragraphs (A) to (D) of rule
			 901:10-2-10
			 of the Administrative Code.
(B) For
			 the purposes of a permit to install, manure shall be quantified and
			 characterized to allow for proper sizing and design of the proposed manure
			 storage or treatment facility. For an existing facility that submits a permit
			 to install application for a similar type of manure storage or treatment
			 facility with no change in treatment technology to what is currently utilized
			 by the facility, the volume of manure and characterization of manure shall be
			 based on manure production records and manure analysis from an actual sample
			 from the facility. If actual manure production records or manure analysis are
			 not available or are deemed not accurate by the department, or if the permit to
			 install application is for a new facility or treatment technology not in use by
			 the existing facility, then the owner or operator shall use the table appended
			 to this rule or use manure production records and manure characterization
			 records from a similar type facility with a similar type of manure storage or
			 treatment facility or treatment technology. If manure data or analysis is used
			 from a similar type facility to characterize manure, the owner or operator
			 shall submit this alternative manure data along with the identification of the
			 source of the data.
(C) General
			 design and construction criteria for a manure storage or treatment facility.
(1) An appropriate design plan shall be
			 required for a new or expanding manure storage or treatment facility.
(2) A manure storage or treatment facility
			 shall be designed and constructed to handle manure volume, precipitation and
			 surface water runoff in a manner that prevents the discharge of manure to
			 waters of the state, except as provided in applicable standards set forth in
			 rules
			 901:10-3-02
			 to
			 901:10-3-06
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-05 - Fabricated structures

Current through all regulations passed and filed through July 1, 2024
(A)
			 Fabricated structures shall be designed and maintained to prevent discharge to
			 ground waters or surface waters.
(1)
			 Fabricated structures for liquid manure and fabricated structures that store
			 solid manure with a wall height of eight feet or greater (measured from the top
			 of the footing), shall be designed by a professional engineer, which shall
			 include a signed and sealed set of design plans.
(2) A fabricated structure shall be designed
			 and constructed to meet the requirements in paragraph (A) of rule
			 901:10-2-03
			 and any applicable section of the appendix to this rule.
(3) Storage period.
(a) The minimum storage period for a
			 fabricated structure storing liquid manure shall be one hundred eighty
			 days.
(b) The minimum storage
			 period for a fabricated structure storing solid manure shall be one hundred
			 twenty days.
(c) Additional storage
			 may be required by the department in order to ensure protection of groundwater,
			 surface water, or the structural integrity of the fabricated
			 structure.
(4) Freeboard.
(a) A fabricated structure shall be designed
			 and maintained to have an operating level that does not exceed the level that
			 provides adequate storage to contain a precipitation event plus an additional
			 six inches of freeboard.
(b)
			 Fabricated structures that contain solid manure and are not subject to
			 precipitation or runoff do not require an additional six inches of
			 freeboard.
(5) Fabricated
			 structures for liquid manure shall have a liquid level board, staff gauge,
			 depth marker, or other appropriate device approved by the director, installed
			 within the interior to monitor manure levels. The approved device shall
			 indicate levels every one foot in vertical elevation and shall indicate levels
			 as described in paragraph (A)(4)(b) of rule
			 901:10-2-08
			 of the Administrative Code.
Click to
				view Appendix
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-07 - Contents of a permit to operate and NPDES applications

Current through all regulations passed and filed through July 1, 2024
(A) The application for a permit to operate
			 and for a NPDES permit shall contain the following information:
(1) A manure management plan that is
			 developed and implemented to comply with the best management practices set
			 forth in rules
			 901:10-2-08
			 to
			 901:10-2-11,
			 901:10-2-13
			 to
			 901:10-2-16
			 and
			 901:10-2-18
			 of the Administrative Code, and
(2) Plans or schedules for inspections
			 required in rule
			 901:10-2-08
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-09 - Contents of manure management plan: nutrient budget

Current through all regulations passed and filed through July 1, 2024
(A) The manure management plan shall include
			 the nutrient budget for the land application areas and quantity of nutrients to
			 be managed by distribution and utilization for a twelve month period as derived
			 from rules
			 901:10-2-10
			 and
			 901:10-2-11
			 of the Administrative Code.
(B) The
			 total nutrient budget to be used for the land application areas under the
			 control of the facility for the duration of the permit shall be based on the
			 following:
(1) Targeted crop yields based on
			 the actual crop yields;
(2) Soil
			 productivity information;
(3)
			 Historical yield data.
(4)
			 Potential yield; or
(5) Combination
			 of yield data.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-10 - Contents of manure management plan: manure characterization

Current through all regulations passed and filed through July 1, 2024
The manure management plan shall contain information on manure
				to allow the owner or operator to plan for nutrient utilization at recommended
				agronomic rates and to minimize nutrient runoff that may impact waters of the
				state.
(A) Manure characterization
			 shall describe the manure by the per cent of liquid content, the per cent of
			 solids content and/or manure density and shall follow the sampling procedures
			 for manure sampling and analysis in "Recommended Methods of Manure Analysis" (a
			 3769), university of Wisconsin extension, 2003 a free copy of which can be
			 downloaded at
http://learningstore.uwex.edu/
.
			 For an existing facility that will continue to have similar manure storage or
			 treatment facilities with no change in treatment technology, the manure shall
			 be characterized utilizing an actual sample from the facility. If the owner or
			 operator is proposing a new facility, new manure storage or treatment facility,
			 or a change in treatment technology, then the manure shall be characterized by
			 using the table appended to this rule or by utilizing a representative analysis
			 from a similar type facility with a similar type of manure storage or treatment
			 facility to characterize manure, the owner or operator shall submit this
			 alternative manure data along with the identification of the source of the
			 data. Manure characterization shall include the following:
(1) Total manure production quantified:
(a) Pounds per day; or
(b) Tons per year; or
(c) Cubic yards per day; or
(d) Gallons per day.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-11 - Contents of manure management plan: distribution and utilization methods

Current through all regulations passed and filed through July 1, 2024
(A) If the owner or
			 operator elects to use distribution and utilization methods, for any quantity
			 of manure that is not managed under the control of the owner or operator, the
			 following is required:
(1) If the owner or
			 operator decides to use livestock manure brokers or auctions or farm sales for
			 distribution and utilization, the owner or operator shall submit distribution
			 and utilization methods for the beneficial use of the manure as part of the
			 manure management plan as required by rule
			 901:10-2-09
			 of the Administrative Code. The permitted facility operating record shall
			 include copies of the acknowledgments between the owner and operator of the
			 facility and livestock manure brokers made pursuant to auctions or farm sales.
			 The facility operating acknowledgment shall include the following statement:
"I have been provided with a copy of the analytical results
				that list the nutrient content of the manure and total quantities of manure and
				copies of the applicable requirements of rule
				901:10-2-14
				of the Administrative Code. The manure will be distributed and utilized
				according to the best management practices and according to any state laws
				regulating these uses."
(2)
			 If the owner or operator decides to use distribution and utilization methods
			 then the owner or operator shall provide a copy of appendices A and F to rule
			 901:10-2-14
			 of the Administrative Code, and a copy of the most recent analytical results
			 that list the nutrient content of the manure based on an analysis consistent
			 with the rules to the manure recipient. The permitted facility operating record
			 shall include the name and address of the manure recipient, the date of
			 distribution, and the approximate amount of manure in tons or gallons
			 distributed on that date and an acknowledgment by the manure recipient as
			 follows:
"I have been provided with a copy of the analytical results
				that list the nutrient content of the manure and total quantities of manure and
				copies of the applicable requirements of rule
				901:10-2-14
				of the Administrative code. The manure will be distributed and utilized
				according to the best management practices and according to any state laws
				regulating these uses."
(3)
			 In addition to the information in paragraph (A)(2) of this rule, if the owner
			 or operator decides to use distribution and utilization methods for liquid
			 manure, then the owner or operator shall also provide a copy of appendix B, the
			 available water capacity chart that illustrates how to comply with the
			 requirements of rule
			 901:10-2-14
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-12 - Contents of manure management plan: methods to minimize odors

Current through all regulations passed and filed through July 1, 2024
A manure management plan shall include best management
				practices to minimize odors. These best management practices shall be
				identified in the manure management plan and shall be compatible with the
				overall content of the manure management plan. These best management practices
				may include, but is not limited to, the following:
(A) Remove, transfer and land apply manure at
			 optimum temperatures;
(B) Remove,
			 transfer and land apply manure when wind direction is less likely to affect
			 neighboring residences;
(C)
			 Promptly inject or incorporate manure to minimize odors; or
(D) If manure is applied by spray irrigation,
			 use appropriate pressure and nozzles.
(E) Additional controls on odor are included
			 in the appendix to rule
			 901:10-2-06
			 of the Administrative Code. The information appended to rule
			 901:10-2-06
			 of the Administrative Code includes manure storage or treatment facilities that
			 control and promote additional treatment reduction of odor.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-13 - Contents of manure management plan: soil characterization

Current through all regulations passed and filed through July 1, 2024
The manure management plan shall contain information on the
				soil of the land application areas. Soil samples shall be analyzed to plan for
				nutrient utilization at recommended agronomic rates and to minimize nutrient
				runoff to waters of the state. Soil shall be sampled and analyzed by utilizing
				the following procedures:
(A) At a
			 minimum, soil samples shall be taken to a uniform depth of eight inches and the
			 fertility analysis shall include: pH, phosphorus, potassium, calcium, magnesium
			 and cation exchange capacity.
(B)
			 Soil fertility analysis shall be conducted in accordance with Publication 221,
			 "Recommended Chemical Soil Test Procedures for the North Central Region;
			 Published by the North Central Regional Committee on Soil Testing and Plant
			 Analysis (NCR-13), North Dakota Agricultural Experiment Station." A copy of
			 which may be downloaded at:
http://www.bephosphorussmart.msu.edu/
.
(C) Soil samples shall be representative of a
			 land application site with one composite soil sample representing no more than
			 twenty-five acres or one composite soil sample for each land application site,
			 whichever is less.
(D) The manure
			 management plan shall specify the soil sampling frequency in accordance with
			 the following requirements:
(1) A site that
			 receives manure shall be soil tested, at a minimum, once every three years
			 and
(2) If any land application
			 site is used by the owner or operator the land application site shall be
			 sampled at least six months following application.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-14 - Contents of manure management plan: land application methods

Current through all regulations passed and filed through July 1, 2024
This rule establishes best management practices that govern
				land application of manure on land application areas. The land application of
				manure at each land application area shall be conducted to utilize nutrients at
				agronomic rates, and to minimize nutrient runoff to waters of the state and
				shall be recorded in the operating record in accordance with rule
				901:10-2-16
				of the Administrative Code. The discharge of manure to waters of the state from
				a facility as a result of application of that manure by the facility to land
				application areas is a discharge from that facility subject to NPDES
				requirements except where it is an agricultural stormwater discharge. Where
				manure has been applied in accordance with this rule and an approved manure
				management plan, a precipitation-related discharge of manure from land
				application areas is agricultural stormwater discharge.
(A) The manure management plan shall contain
			 procedures on how manure shall be transported to land application areas in a
			 manner that minimizes loss or spillage, and how spills will be promptly cleaned
			 up or removed.
(B) Manure
			 application rate - testing criteria:
(1) The
			 manure application rate shall be based on the land application area's soil
			 tests conducted in accordance with rule
			 901:10-2-13
			 of the Administrative Code and that are no older than three years.
(2) The manure application rate shall be
			 based on the most current manure test results conducted in accordance with rule
			 901:10-2-10
			 of the Administrative Code. The manure test results expressed as a nutrient
			 percentage shall be converted into either pounds per ton of dry or wet manure
			 or pounds per one thousand gallons of liquid manure.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-15 - Manure management plan and the plan for the disposal of dead livestock

Current through all regulations passed and filed through July 1, 2024
(A)
								A manure
			 management plan shall include a plan for the disposal of dead livestock.
The plan shall include best management practices for burning,
				burial, rendering, composting, alkaline
				hydrolysis or other methods consistent with sections
				941.14,
				953.26, and
				1511.022 of the Revised Code.
(B)
								In the
			 alternative, the owner or operator may choose to follow the requirements set
			 forth in section 3734.02 of the Revised Code and
			 rules promulgated thereunder.
(C)
								Records for
			 implementing the plan for the disposal of dead livestock shall be included in
			 the operating record set forth in rule
			 901:10-2-16
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-17 - Emergency response plan

Current through all regulations passed and filed through July 1, 2024
(A) An
			 emergency response plan shall include, but is not limited to the following:
(1) The names and telephone numbers of
			 persons who are identified by the owner or operator as responsible for
			 implementing the plan.
(2) Areas of
			 the facility where potential spills can occur and their accompanying surface
			 and subsurface drainage points.
(3)
			 Procedures to be followed in the event of a spill, including actual or imminent
			 discharge to waters of the state:
(a) Actions
			 to contain or manage the spill;
(b)
			 Identification of proper authorities to be contacted;
(c) Actions to mitigate any adverse effects
			 of a spill; and
(d) Identification
			 of equipment and clean-up materials to be used in the event of a
			 spill.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-18 - Closure plan requirements

Current through all regulations passed and filed through July 1, 2024
(A) The
			 owner or operator of a facility need not seek continued permit coverage under a
			 permit to operate or reapply for a permit to operate if the facility is no longer a concentrated
			 animal feeding facility or if the facility
			 is no longer required to maintain permit coverage in the permit program in
			 accordance with section
			 903.082 of the Revised Code.
(B)
								The owner
			 or operator of a concentrated animal feeding operation need not reapply for an
			 NPDES permit if the concentrated animal feeding operation will not discharge or
			 propose to discharge upon expiration of the NPDES permit.
(C)
			 Permittees who plan to end permit coverage must submit a closure plan. The
			 owner or operator shall notify the director in writing and allow the director
			 an opportunity to inspect the facility to verify that a permit is no longer
			 required and that the facility is closed for purposes of Chapter 903. of the
			 Revised Code and in accordance this rule. Thereafter, the director will notify
			 the owner or operator in writing that the facility is closed in accordance with
			 this rule.
(1) If all of a concentrated animal
			 feeding facility or a concentrated animal feeding operation will be closed or
			 discontinued, the owner or operator shall implement a closure plan for all of
			 the concentrated animal feeding facility or concentrated animal feeding
			 operation. At least ninety days before closure, the owner or operator shall
			 submit a closure plan for the director's approval that provides for the
			 following:
(a) Implementation of best
			 management practices during closure.
(b) Removal of all manure from the manure
			 storage or treatment facilities.
(c) Removal of all associated appurtenances
			 and conveyance structures from liquid manure storage or treatment
			 facilities.
(d) Land application of
			 the manure in accordance with rule
			 901:10-2-14
			 of the Administrative Code or disposal in another manner allowed by this
			 chapter.
(e) If a manure storage or
			 treatment facility will be filled with soil or if it will be demolished, the
			 director may require a complete description or outline for the plan and
			 specifications that will be required for this type of
			 closure.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-19 - Permit to operate: insect and rodent control plan

Current through all regulations passed and filed through July 1, 2024
(A) Purpose and applicability.
(1) This rule establishes the best management
			 practices to minimize the presence and negative effects of insects and rodents
			 at the concentrated animal feeding facility and in surrounding areas, including
			 land on which the manure is stored or applied. Subject to the requirements set
			 forth in rules
			 901:10-2-07
			 and
			 901:10-2-08
			 of the Administrative Code, and rule
			 901:10-1-06
			 of the Administrative Code no person shall own or operate a concentrated animal
			 feeding facility unless an insect and rodent control plan for the facility has
			 been approved by the director.
(2)
			 An insect and rodent control plan that specifies plans to minimize the activity
			 of insects and rodents and their presence at the facility is to be integrated
			 with other requirements of the permit to operate in accordance as set forth in
			 rules
			 901:10-2-07
			 to 901-10-2-19 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-2 - Permits; Management Plans › Section 901:10-2-20 - Annual report

Current through all regulations passed and filed through July 1, 2024
The owner or operator of a concentrated animal feeding
				operation with a permit must submit an annual report to the director. The
				annual report must include:
(A) The
			 number and type of animals, whether in open confinement or housed under roof
			 (beef cattle, broilers, layers, chickens other than laying hens, swine weighing
			 fifty-five pounds or more, swine weighing less than fifty-five pounds, mature
			 dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks,
			 turkeys, other);
(B) Estimated
			 amount of total manure generated by the facility in the previous twelve months
			 (tons/gallons);
(C) Provide the
			 amount of total manure transferred to other persons by the facility as recorded
			 in the operating record in accordance with rule
			 901:10-2-11
			 of the Administrative Code;
(D)
			 Total number of acres for land application covered by the manure management
			 plan developed in accordance with rule
			 901:10-2-07
			 of the Administrative Code;
(E)
			 Total number of acres under control of the facility that were used for land
			 application of manure in the previous twelve months;
(F) Summary of all manure discharges from the
			 production area that have occurred in the previous twelve months, including
			 date, time, and approximate volume; and
(G) A statement indicating whether the
			 current version of the facility's manure management plan was developed or
			 approved by a certified nutrient management planner.
(H) For NPDES permit annual reports, the
			 actual crop(s) planted and actual yield(s) for each land application area under
			 the control of the facility, the actual nitrogen and phosphorus content of the
			 manure from each manure storage or treatment facility, the results of
			 calculations conducted in accordance with paragraph (D)(1)(g)(ix) of rule
			 901:10-3-01
			 of the Administrative Code, the amount of manure applied to each land
			 application area under the control of the facility during the previous twelve
			 months, the results of any soil testing for nitrogen and phosphorus taken
			 during the preceding twelve months, the data used in calculations conducted in
			 accordance with paragraph (D)(1)(g)(ix) of rule
			 901:10-3-01
			 of the Administrative Code, and the amount of any supplemental fertilizer
			 applied during the previous twelve months.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-01 - Additional requirements for a NPDES permit application

Current through all regulations passed and filed through July 1, 2024
(A) Concentrated animal feeding operations
			 must have or seek to obtain coverage under a NPDES permit within the time frame
			 provided in accordance with
			 40
			 C.F.R. 122.23(f) and in
			 division (J) of section
			 903.08 of the Revised
			 Code.
(B) Unless otherwise
			 indicated, the application for an individual NPDES permit and the NPDES permit
			 (if issued by the director) shall contain the following information:
(1) The information required in rule
			 901:10-1-02
			 of the Administrative Code for NPDES permits.
(2) To the extent required by federal law, a
			 manure management plan that complies with the requirements of rules
			 901:10-2-08
			 to
			 901:10-2-11,
			 901:10-2-13
			 to
			 901:10-2-16
			 and rule
			 901:10-2-18
			 of the Administrative Code.
(a) Inspections
			 required in rule
			 901:10-2-08
			 of the Administrative Code.
(b)
			 Information on nutrient budget, manure characterization, soil tests,
			 distribution and utilization methods for manure (if applicable to the
			 facility), and land application of manure as required in rules
			 901:10-2-09
			 to
			 901:10-2-14
			 of the Administrative Code.
(3) An operating record developed in
			 accordance with rule
			 901:10-2-16
			 of the Administrative Code with the use of forms prescribed by the director and
			 other forms selected by the owner or operator for the facility and approved by
			 the director. The operating record shall be maintained at the site office at
			 all times. Upon approval of the NPDES permit, the operating record shall be
			 deemed part of the NPDES permit.
(4) An emergency response plan containing the
			 information required in rule
			 901:10-2-17
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-03 - Horses and sheep

Current through all regulations passed and filed through July 1, 2024
This rule applies to discharges resulting from the production
				areas at horse and sheep concentrated animal feeding operations. This rule does
				not apply to such concentrated animal feeding operations with less than the
				following capacities: ten thousand sheep or five hundred horses.
(A) Effluent limitations attainable by the
			 application of the best practicable control technology currently available
			 (BPT).
(1) Except as provided in rule
			 901:10-3-08 of the
			 Administrative Code, and subject to the provisions of paragraph (A)(2) of this
			 rule, any existing point source subject to this rule must achieve the following
			 effluent limitations representing the application of BPT: there shall be no
			 discharge of manure to waters of the state.
(2) Manure in the overflow may be discharged
			 to waters of the state whenever rainfall events, either chronic or
			 catastrophic, cause an overflow of manure from a facility designed, constructed
			 and operated to contain all manure plus the runoff from a ten-year, twenty-four
			 hour rainfall event for the location of the point source.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-04 - Dairy cows and cattle other than veal calves

Current through all regulations passed and filed through July 1, 2024
This rule applies to operations defined as concentrated animal
				feeding operations under division (F) of section
				903.01 of the Revised Code and
				includes the following animals: mature dairy cows, either milking or dry;
				cattle other than mature dairy cows or veal calves. Cattle other than mature
				dairy cows includes but is not limited to heifers, steers, and bulls. This rule
				does not apply to such concentrated animal feeding operations with less than
				the following capacities: seven hundred mature dairy cows whether milked or
				dry; one thousand cattle other than mature dairy cows or veal calves.
(A) Effluent limitations attainable by the
			 application of the best practicable control technology currently available
			 (BPT). Except as provided in rule
			 901:10-3-08 of the
			 Administrative Code, any existing point source subject to this rule must
			 achieve the following effluent limitations representing the application of BPT:
(1) For the concentrated animal feeding
			 operation production areas. Except as provided in paragraphs (A)(1) to (A)(2)
			 of this rule, there must be no discharge of manure into waters of the state
			 from the production area.
(a) Whenever
			 precipitation causes an overflow of manure, pollutants in the overflow may be
			 discharged into waters of the state provided:
(i) The production area is designed,
			 constructed, operated and maintained to contain all manure including the runoff
			 and the direct precipitation from a twenty-five year, twenty-four hour rainfall
			 event;
(ii) The production area is
			 operated in accordance with the requirements set forth in the manure management
			 plan in rule
			 901:10-2-08
			 of the Administrative Code and the records required by rule
			 901:10-2-16
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-05 - Effluent limitations for ducks category of feedlots

Current through all regulations passed and filed through July 1, 2024
This rule applies to discharges resulting from the production
				areas at dry lot and wet lot duck concentrated animal feeding operations. This
				rule does not apply to such concentrated animal feeding operations with less
				than the following capacities: five thousand ducks.
(A) Definitions
(1) Dry lot means a facility for raising
			 ducks in confinement with a dry litter floor cover and no access to swimming
			 areas.
(2) Wet lot means a
			 confinement facility for raising ducks which is open to the environment, has a
			 small portion of shelter area, and having open water runs and swimming areas to
			 which ducks have access.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-06 - Swine, poultry, and veal calves

Current through all regulations passed and filed through July 1, 2024
This rule applies to operations defined as concentrated animal
				feeding operations and includes the following animals: swine; chickens;
				turkeys; and veal calves. This rule does not apply to such operations with less
				than the following capacities: two thousand five hundred swine each weighing
				fifty-five pounds or more; ten thousand swine each weighing less than
				fifty-five pounds; thirty thousand laying hens or broilers if the facility uses
				a liquid manure handling system; one hundred twenty-five thousand chickens
				other than laying hens if the facility uses other than a liquid manure handling
				system; eighty-two thousand laying hens if the facility uses other than a
				liquid manure handling system; fifty-five thousand turkeys; and one thousand
				veal calves.
(A) Effluent limitations
			 attainable by the application of the best practicable control technology
			 currently available (BPT). Except as provided in rule
			 901:10-3-08 of the
			 Administrative Code, any existing point source subject to this rule must
			 achieve the following effluent limitations representing the application of BPT:
(1) For production areas. Except as provided
			 in paragraph (A)(1)(a) of this rule, there must be no discharge of manure into
			 waters of the state from the production area. The limitations and requirements
			 of this paragraph must be attained as of the date of permit coverage.
(a) Whenever precipitation causes an overflow
			 of manure, pollutants in the overflow may be discharged into waters of the
			 state provided:
(i) The production area is
			 designed, constructed, operated and maintained to contain all manure including
			 the runoff and the direct precipitation from a twenty-five year, twenty-four
			 hour rainfall event; and
(ii) The
			 production area is operated in accordance with the requirements set forth in
			 the manure management plan in rule
			 901:10-2-08
			 of the Administrative Code and the records required by rule
			 901:10-2-16
			 of the Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-07 - Designated operations and determinations by the director

Current through all regulations passed and filed through July 1, 2024
(A) The director may designate any animal
			 feeding facility as a concentrated animal feeding operation in accordance with
			 division (F)(1) of section
			 903.10 of the Revised Code upon
			 determining that it is a significant contributor of manure to waters of the
			 state. In making a designation, the director shall consider the following
			 factors:
(1) The size of the animal feeding
			 facility and the amount of manure reaching waters of the state;
(2) The location of the animal feeding
			 facility relative to waters of the state;
(3) The means of conveyance of manure into
			 waters of the state;
(4) The
			 slope, vegetation, rainfall, and other factors affecting the likelihood or
			 frequency of discharge of manure into waters of the state; and
(5) Other relevant factors.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-09 - Appeals of variances

Current through all regulations passed and filed through July 1, 2024
When the director issues a permit on which the United States
				environmental protection agency has made a variance decision, separate appeals
				of the state permit and of the United States environmental protection agency
				variance decision are possible. If the owner or operator is challenging the
				same issues in both proceedings, the regional administrator will decide, in
				consultation with state officials, which case will be heard first.
R.C.
				119.032 review dates:
				03/21/2014 and
				03/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 903.08
Rule
				Amplifies: 903.10
Prior
				Effective Dates: 7/2/2002
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-3 - NPDES Permits › Section 901:10-3-10 - Standard permit terms and conditions

Current through all regulations passed and filed through July 1, 2024
(A) The following terms and conditions are
			 applicable to NPDES permits. The owner or operator shall comply with all terms
			 and conditions of the NPDES permit.
(B) Duty to mitigate. The owner or operator
			 shall take all reasonable steps to minimize or prevent any discharge or
			 disposal in violation of the permit which has a reasonable likelihood of
			 adversely affecting human health or the environment. This permit may be
			 modified, suspended or revoked for cause.
(C) Permit actions. The NPDES permit may be
			 modified, revoked and reissued, or terminated for cause. The filing by the
			 owner or operator of a request for permit modification, suspension, revocation
			 or a notification of planned changes or anticipated noncompliance does not stay
			 or suspend any permit term or condition.
(D) Duty to comply. Any permit noncompliance
			 constitutes a violation of the act and Chapter 903. of the Revised Code and is
			 grounds for an enforcement action; for permit revocation; suspension;
			 modification; or denial of a permit renewal application.
(E) General effluent limitations. Any
			 effluent shall, at all times, comply with Ohio water quality
			 standards.
(F) Duty to reapply. If
			 the permitee wishes to commence a discharge or to continue any activity
			 regulated by the permit after the expiration date of this permit, an
			 application for a permit or renewal of a permit shall be submitted to the
			 director at least one hundred eighty days prior to discharge or the expiration
			 date of the permit.
(G) The permit
			 does not convey any property rights of any sort or any exclusive
			 privilege.
(H) Inspection and
			 entry. The owner or operator shall allow the director or an authorized
			 representative upon the presentation of proper identification, at reasonable
			 times and in compliance with biosecurity procedures:
(1) To enter the facility or operation where
			 any records are kept under the terms and conditions of the permit;
(2) To have access for review and copying any
			 records that must be kept under the terms and conditions of the
			 permit;
(3) To inspect, at
			 reasonable times:
(a) Equipment (including any
			 monitoring and control equipment) or methods;
(b) Any manure storage or treatment
			 facility;
(c) Practices required or
			 regulated under the permit; and
(4) To sample or monitor, at reasonable
			 times, for the purpose of assuring permit compliance or as otherwise authorized
			 by the act, any substances or parameters at any location.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-4 - General Permits to Operate › Section 901:10-4-01 - General permit to operate requirements

Current through all regulations passed and filed through July 1, 2024
(A) General permit to operate or general
			 permit means a type of permit developed by the director for one or more
			 categories of facilities as facility is defined in rule
			 901:10-1-01 of the
			 Administrative Code.
(1) The director shall
			 develop general permits to operate that relate to the following areas:
(a) The facilities involve the same or
			 substantially similar operations including, but not limited to, the same types
			 of animals;
(b) The facilities
			 manage the same types of manure storage or treatment facilities or operate with
			 substantially similar manure management plans; or
(c) The facilities are regulated by a NPDES
			 permit and have similar discharge characteristics and require the same
			 operating conditions to meet either effluent limitations or water quality
			 standards.