Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-16 - Operating procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								Operation and
			 management plans. The district shall approve or disapprove operation and
			 management plans at their regularly scheduled board meetings and shall maintain
			 a record of their actions as part of their meeting minutes. Approved plans
			 shall be signed by the chairman. Plans may also be submitted by the owner or
			 operator to the director for approval. District boards of supervisors may
			 establish such guidelines as may be needed for plan format and submission;
			 however, all plans shall meet the standards for agricultural pollution
			 abatement contained in rules 901:13-1-02 to  901:13-1-14 and  901:13-1-19 of  the Administrative Code. Any portion of an operation and management plan specifying control of agricultural pollution shall allow the owner or operator to phase in installation of conservation practices under a schedule approved by the director or the director's designee until compliance with Chapter 901:13-1
			 of the Administrative Code is accomplished.
(1)
									If the director
			 or the director's designee determines that any person owning or responsible for
			 an agricultural production operation is managing such operation in accordance
			 with an operation and management plan currently approved by the director or the
			 director's designee, the person shall be considered in compliance with the
			 state rules for agricultural pollution abatement. In a private civil action for
			 nuisances involving agricultural pollution, it is an affirmative defense if the
			 person owning, operating, or otherwise responsible for agricultural production
			 operations is operating under and in substantial compliance with an approved
			 operation and management plan.
(2)
									In the event that
			 the district finds that an operation and management plan does not meet
			 agricultural pollution abatement standards as contained in these rules, the
			 district shall provide a written explanation, by certified mail listing all the
			 deficiencies to be corrected, to the person who submitted the plan. Any person
			 may appeal the district's decision to the director. Upon such appeal, the
			 director shall review the plan for compliance with these standards, and uphold
			 the district's action or reverse it. If the director reverses the district's
			 action the plan shall be deemed approved. In either case, the director shall
			 make such determination within thirty days of receiving the appeal and shall
			 inform the owner or operator and the district of his decision in writing. Such
			 notification shall include the reasons for the director's
			 decision.
(3)
									In the event that any person operating or owning an
			 agricultural production operation in accordance with an approved operation and
			 management plan who, in good faith, is following that plan, causes agricultural
			 pollution, the plan shall be revised in a manner necessary to mitigate the
			 agricultural pollution, as determined and approved by the district
			 board.
(4)
									In the event that the district board determines that it
			 lacks staff or expertise to adequately review an operation and management plan,
			 the district board of supervisors may submit such plan to the director for
			 review and approval or disapproval.