Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-1 - General Requirements › Section 901:10-1-02 - General administrative requirements for permits

Current through all regulations passed and filed through July 1, 2024
(A) Requirements for an individual permit to
			 install, an individual permit to operate, or an individual NPDES permit:
(1) A person who 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 these permits simultaneously.
(2) A facility that is required to obtain
			 both an NPDES permit and a permit to operate shall be issued a single permit to
			 operate incorporating the terms and conditions established by both permits. The
			 permit to operate expressly shall designate the terms and conditions required
			 under the NPDES permit as federally enforceable. For purposes of Chapters
			 901:10-1 to 901:10-6 of the Administrative Code, the term NPDES permit, NPDES
			 operation, and concentrated animal feeding operation is an animal feeding
			 facility that is subject to the NPDES permit as established in section 402 of
			 the act and includes the renewal of such a permit. NPDES permit includes the
			 federally enforceable provisions of a permit to operate into which NPDES permit
			 provisions have been incorporated.
A person who seeks coverage by a general permit must refer to
				rules
				901:10-3-11,
				and
				901:10-4-01
				to
				901:10-4-05
				of the Administrative Code for a general permit to operate, general NPDES
				permit or general NPDES stormwater permit.
(3) An application for a permit to install, a
			 permit to operate, or a NPDES permit to be deemed complete, must include:
(a) All required information as set forth in
			 Chapter 901:10-2 and, if applicable, Chapter 901:10-3 of the Administrative
			 Code, and shall accompany the application; and
(b) An appropriate fee as stated in rule
			 901:10-1-04 of the
			 Administrative Code.
(c) Any
			 supplemental information which is completed to the satisfaction of the
			 director.
(d) If the application
			 and accompanying materials submitted to the department is deemed to be
			 incomplete, the department will notify the owner or operator with instructions
			 as to what is missing or what needs to be completed.
(4) An application for a permit to install,
			 permit to operate or NPDES permit shall include information on ownership and
			 background, including but not limited to, the following information:
(a) The name and address of the applicant, of
			 all partners if the applicant is a partnership or all officers and directors if
			 the applicant is a corporation, and of any other person who has a right to
			 control or in fact controls management of the applicant or the selection of
			 officers, directors or managers of the applicant;
(b) When required by section
			 903.05 of the Revised Code, each
			 application for a permit to install or permit to operate must contain
			 information on a record of past compliance if the applicant has not operated a
			 concentrated animal feeding facility in Ohio for at least two of the five years
			 immediately preceding the submission of the application. If the permit to
			 install and the permit to operate are submitted simultaneously as provided in
			 division (A)(9) of section
			 903.10 of the Revised Code, then
			 the following information is sufficient to satisfy the requirements of the
			 permits:
(i) A listing of all concentrated
			 animal feeding facilities that the owner or operator of the proposed new or
			 modified concentrated animal feeding facility has operated or is operating in
			 Ohio;
(ii) A listing of the
			 concentrated animal feeding facilities that the owner or operator has operated
			 or is operating elsewhere in the United States and that are regulated under the
			 Federal Water Pollution Control Act together with a listing of the concentrated
			 animal feeding facilities that the owner or operator has operated or is
			 operating outside the United States;
(iii) A listing of all administrative
			 enforcement orders issued to the owner or operator, all civil actions in which
			 the owner or operator was determined by the trier of fact to be liable in
			 damages or was the subject of injunctive relief or another type of civil
			 relief, and all criminal actions in which the owner or operator pleaded guilty
			 or was convicted during the five years immediately preceding the submission of
			 the application in connection with any violation of the federal Water Pollution
			 Control Act, the Safe Drinking Water Act, as defined in section
			 6109.01 of the Revised Code or
			 any other applicable state laws pertaining to environmental protection that was
			 alleged to have occurred or to be occurring at any concentrated animal feeding
			 facility that the owner or operator has operated or is operating in the United
			 States or with any violation of the environmental laws of another country that
			 was alleged to have occurred or to be occurring at any concentrated animal
			 feeding facility that the owner or operator has operated or is operating
			 outside of the United States. The lists of concentrated animal feeding
			 facilities operated by the owner or operator within or outside this state or
			 outside the United States shall include, respectively, all such facilities
			 operated by the owner or operator during the five year period immediately
			 preceding the submission of the application.
(5) In the case of an application for a major
			 concentrated animal feeding facility, written proof that the person who would
			 be responsible for the supervision of the management and handling of manure at
			 the facility has been issued a livestock manager certification in accordance
			 with section 903.07 of the Revised Code or
			 will obtain a livestock manager certification prior to applying any manure to
			 land.
(6) In the case of an
			 application that meets the criteria established in sections
			 307.204 and
			 505.266 of the Revised Code,
			 written statements from the board of county commissioners of the county and the
			 board of township trustees of the township in which the facility will be
			 located, certifying that, in accordance with those sections, the applicant has
			 provided the boards with the required written notification and that final
			 recommendations, if any, regarding improvements and costs of improvements have
			 been made by the boards.
(7) An
			 application for a permit to install a concentrated animal feeding facility
			 shall contain documentation or correspondence that verifies that the owner or
			 operator has notified local officials, including boards of county
			 commissioners, county engineer, and boards of township trustees to address
			 infrastructure needs and financing of that infrastructure which includes but is
			 not limited to:
(a) The anticipated travel
			 routes of motor vehicles to and from the facility;
(b) Notwithstanding any exemptions that may
			 be applicable under section
			 5577.042 of the Revised Code,
			 the owner or operator shall provide the anticipated number and weights of motor
			 vehicles traveling to and from the facility with an estimated maximum overall
			 gross weight of vehicles upon the road surface;
(c) Operational needs of the proposed
			 facility for access to roads and location of such access; and
(d) Operational needs of the proposed
			 facility for access to tiles, culverts, off-site drainage, rights-of-way for
			 manure transport.
(8) A
			 certification statement as follows: "I certify under penalty of law that this
			 document and all attachments were prepared under my direction or supervision in
			 accordance with a system designed to assure that qualified personnel properly
			 gather and evaluate the information submitted. "Based on my inquiry of the
			 person or persons who manage the system, or those persons directly responsible
			 for gathering information the information is, to the best of my knowledge and
			 belief, true and accurate and complete. I am aware there are significant
			 penalties for submitting false information including the possibility of fine
			 and imprisonment for knowing violations."
(9) A complete application is required.
(a) Any person who requires a permit shall
			 complete, sign, and submit to the director an application for each permit
			 required and a copy of that application for each permit required.
(b) The director shall not begin the
			 processing of a permit until the applicant has fully complied with the
			 application requirements for the permit.
(c) Permit applications must comply with the
			 signature and certification requirements of this rule.
(d) If an applicant fails or refuses to
			 correct deficiencies in the application, the permit may be denied in accordance
			 with division (F) of section
			 903.09 of the Revised Code and
			 appropriate enforcement actions may be taken under applicable provisions of the
			 Chapter 903. of the Revised Code and rules promulgated there under.