Ohio Administrative Code 901:10 — Department of Agriculture | Livestock Environmental Permitting

Chapter 901:10-1 General Requirements

Ohio Adm.Code 901:10-1-01 Definitions.

As used in Chapters 901:10-1 to 901:10-6 of the Administrative Code, the definitions contained in Chapter 903. of the Revised Code and the following definitions are applicable:

(A) "Act" means the Federal Water Pollution Control Act set forth at 33 USC sections 1251 to 1387.

(B) "Administrator" means the administrator of the United States environmental protection agency.

(C) "Agricultural drainage well" means a class five underground injection control well that receives or has the potential to receive drainage from irrigation tail-waters, animal yards, feedlots or dairy runoff and any related agricultural field runoff. An injection well is any bored, drilled, or driven shaft or dug hole whose depth is greater than the largest surface dimension.

(D) "Agricultural stormwater discharge" means a precipitation-related discharge from land used for agriculture as defined in section 1.61 of the Revised Code that conveys manure to surface waters of the state, provided that the manure has been land applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of nutrients in manure and in compliance with the best management practices set forth in Chapter 901:10-2 of the Administrative Code.

(E) "Agronomic rate" means a rate of application of nutrients from any source to the land or an amount of nutrients removed by crop based on:

(1) Nutrient content of the manure to be applied;

(2) Nutrient needs of the current or planned crops; and

(3) Nutrient holding capacity of the soil.

(F) "Ammonia (as N)" means ammonia reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(G) "Applicant" means a person applying for a permit, permit transfer, permit modification, certificate, or submitting a claim of trade secrecy to the director.

(H) "Appropriate design plan" means a construction plan for a manure storage or treatment facility that has been accepted by the department as meeting best management practices and recognized industry standards for construction. This includes pre-engineered design plans for the design and construction of manure storage or treatment facilities that have been shown by the engineer, manufacturer, or distributor to conform to the requirements of Chapter 903. of the Revised Code.

(I) "Appropriate examination" means an examination that has been approved by the department.

(J) "Appropriate training program" means a training program that has been approved by the department.

(K) "Aquifer" means an underground consolidated or unconsolidated geologic formation or series of formations that are hydraulically connected and that have the capability to receive, store, and yield usable quantities of water to wells. Aquifer does not include perched groundwater.

(L) "Application" means the form and supporting documents used by an applicant to apply for an Ohio permit under this chapter.

(M) ''Average precipitation'' means the precipitation over the length of a storage period.

(N) "Beneficial organisms" mean predators, parasites, or pathogens that, during their life cycle, are used to suppress pest organisms or are otherwise beneficial.

(O) "Best management practice (BMP)" means a practice or combination of practices that is determined to be the most effective and practicable including technological, economic, and institutional controls as a means of complying with the applicable standards of Chapter 903. of the Revised Code. BMPs may include structural and nonstructural practices, conservation practices, prohibition of practices, schedules of activities, operation and maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage, or leaks, sludge or waste disposal or drainage from raw material storage.

(P) "Biosecurity" refers to the policies and measures taken for protecting food supply and agricultural resources from contamination. Biosecurity also refers to those measures taken to keep disease agents out of populations, herds or groups of animals where they do not already exist. Significant areas on a facility in biosecurity are sanitation, isolation of incoming or returning animals, cleaning and disinfection and traffic control to limit disease spread between all facilities in the production unit.

(Q) "BOD5" means five-day biochemical oxygen demand and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(R) "Buffer strip" means setback of an area of permanent dense vegetation, often planted along the edge or the contour of a land application area or a slope of the field usually for management practices, including practices to slow the flow of water runoff or enhance water filtration, and minimize the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters. Types of buffers include filter strips, field borders, contour grass strips, vegetated cover and riparian buffers. Types of buffers include those described in "Ohio Natural Resource Conservation Service, Conservation Practice Standards Section IV, Field Office Technical Guide" (efotg.sc.egov.usda.gov/#/state/OH/documents) which includes the following standards:

(1) "Filter Strips/Areas, No. 393," October 2017;

(2) "Riparian Forest Buffer, No. 391," October 2017;

(3) "Field Border, No. 386," October 2017; and

(4) "Contour Buffer Strips, No. 332," October 2017.

(S) "Certificate of coverage (COC)" means a certificate issued by the director based on receipt of a notice of intent to be covered by rule 901:10-4-03 of the Administrative Code. The certificate of coverage is to be kept in the site office.

(T) "Certified livestock manager" means a person that has been duly certified by the department and currently holds a valid livestock manager certification.

(U) "Cold water habitat" means waters designated as coldwater aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(V) "Construction, for the purposes of stormwater construction permits," means the initial disturbance of soils associated with clearing, grading or excavating activities.

(W) "Department" means the Ohio department of agriculture, the director, or the director's authorized representative.

(X) "Design capacity" means the ability to house or maintain the total number of animals confined or to be confined in open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, medication pens, animal walkways, and stables.

(Y) "Dikes" mean both dikes and embankments.

(Z) "Director" means the director of the Ohio department of agriculture or the director's duly authorized representative.

(AA) "Discharge" means to add any pollutant or combination of pollutants from a point source to waters of the state.

(BB) "Distribution and utilization methods" means any method of manure management not under the control of the facility and may include, but not be limited to, land application, composting, vermiculture, and alternative fuel source uses.

(CC) "Ditch" means an excavation, either dug or natural, for the purpose of drainage or irrigation.

(DD) "Diversion" means a channel constructed across the slope for the purpose of intercepting surface runoff.

(EE) "Draft action" means a written statement that gives the director's intention with respect to the issuance of any permit, including a NPDES permit or a general permit, concerning which persons authorized by regulation or by section 903.09 of the Revised Code may file comments or request a public meeting, but which will not be the subject of an adjudication hearing before the director.

(FF) "Drinking water source protection area for a public water system means":

(1) For a public water system using groundwater, the surface and subsurface area surrounding the well(s) of the public water system that will provide water from an aquifer to the well(s) and that is delineated or endorsed by the Ohio environmental protection agency under Ohio's wellhead protection and source water assessment and protection programs; or

(2) For a public water system using surface water, the drainage area contributing surface water runoff to the water intakes of the public water system that is delineated or endorsed by the Ohio environmental protection agency under Ohio's source water assessment and protection program.

(GG) "Effluent limitation" means any restriction imposed by the director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the state.

(HH) "Fabricated structure" means a type of manure storage or treatment facility constructed of engineered, man-made materials such as cast-in-place reinforced concrete, pre-cast concrete, masonry, timber, steel, fiberglass or plastic but does not mean a manure storage pond, a manure treatment lagoon or any of the components of either a manure storage pond or manure treatment lagoon such as described in paragraph (A)(9)(c)(ii) of rule 901:10-2-06 of the Administrative Code. A fabricated structure may contain either solid or liquid manure.

(II) "Fact sheet" means the statement of facts provided for in paragraph (A) of rule 901:10-6-05 of the Administrative Code relative to issuance of a "NPDES" permit.

(JJ) "Field surface furrow" means an area of short-term low-gradient non-erosive concentrated surface water runoff which occurs during or shortly after precipitation events and is not a river, stream, ditch or grassed waterway. Field surface furrows are areas that are normally planted with crops each year.

(KK) "Fecal coliform" means fecal coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LL) "Floodplain" means the area designated by the federal emergency management agency adjoining any river, stream, watercourse or lake that has been or may be covered by floodwater.

(MM) "Floodway" means the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the allowable rise as designated by the federal emergency management agency, not exceeding one foot.

(NN) "Grassed waterway" means a natural or constructed channel that is shaped or graded to required dimensions and established with suitable vegetation to filter and convey runoff from fields, terraces, diversions or other concentrated water runoff without causing erosion or flooding.

(OO) "Ground water" means any water below the surface of the earth in a zone of saturation, but does not include perched water.

(PP) "Injection" means the placement of manure beneath the surface of the soil in the crop root zone but not extending beyond the boundary of a land application area and using equipment specifically designed for this purpose.

(QQ) "Installation" means the permanent fabrication, erection or installation of a manure storage or treatment facility or manure control equipment at the location where the manure storage or treatment facility or manure control equipment is intended to be used. The term does not include the following:

(1) The dismantling of existing equipment and control devices;

(2) The ordering of equipment and control devices;

(3) Off-site fabrication; and

(4) Site preparation.

(RR) "Integrated pest management" means a sustainable approach to pest management that combines the use of prevention, avoidance, monitoring and suppression strategies that minimizes and reduces the activity and presence of insects and rodents and keeps such activity and presence below economically damaging levels, minimizing chemical use to reduce pest resistance and the harmful effects of pest control on human health and environmental resources. Integrated pest management includes management, biological controls and the judicious use of chemical controls.

(SS) "Karst terrain" means an area where karst topography, including the characteristic surface and subterranean features, has developed as the result of dissolution of limestone, dolomite or other soluble rock. Characteristic physiographic features present in karst terrains may include the following:

(1) Sinkholes;

(2) Sinking streams;

(3) Caves.

(TT) "Land application areas" means land under the control of a concentrated animal feeding facility, whether it is owned, rented, leased or otherwise under the control of the owner or operator, to which manure, or process wastewater from the production area is or may be applied.

(UU) "Liquid manure" means manure containing more than or equal to eighty percent liquid.

(VV) "Livestock manure broker" means a person who is in the business of buying, selling, or transporting manure.

(WW) "Livestock manure applicator" means a person who is in the business of land applying manure.

(XX) "Manure application" means the placement of manure within the boundaries of a land application area by:

(1) Spraying or spreading onto the land surface;

(2) Injection below the land surface in the crop root zone using equipment specifically designed for this purpose; or

(3) Incorporation into the soil by means of the mixing of manure with the surface soil using standard agricultural practices, such as tillage.

(YY) "Manure management plan (MMP)" means a written plan that adheres to the terms in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code.

(ZZ) "Manure residuals" means settled manure solids combined with varying amounts of water and dissolved materials that remain after some form of treatment.

(AAA) "Manure spill" means any unexpected, unintended, abnormal or unapproved dumping, leakage, drainage, seepage, release or other loss of manure. The term does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

(BBB) "Manure storage area" means area of an animal feeding operation used by the owner or operator for the storage of manure produced by the operation. Manure storage areas include, but are not limited to, manure storage or treatment facilities, lagoons, runoff ponds, storage sheds, stockpiles, stacking areas, under house or pit storages, liquid impoundments, and composting piles.

(CCC) "Manure storage or treatment facility" means any excavated, diked or walled structure or combination of structures designed for the biological stabilization or treatment, energy recovery, nutrient recovery, and holding or storage of manure. These facilities include manure storage ponds, manure treatment lagoons, fabricated structures, anaerobic digesters, manure storage sheds, under house or pit storages, and composting areas.

(DDD) "Manure storage pond" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to store or settle manure. A manure storage pond contains liquid manure.

(EEE) "Manure treatment lagoon" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to biologically treat manure. A manure treatment lagoon contains liquid manure.

(FFF) "Modification" means one or more of the following:

(1) For "NPDES" permits, permits to install, and permits to operate: a material and substantial alteration of the facility including an increase of the number of animals that exceed the design capacity of an existing facility by ten per cent or more in excess of the design capacity set forth in the current permit, provided that in no case during a five year period will the facility's or facility's capacity be modified to increase by more than ten per cent in the aggregate.

(2) For permits to install and permits to operate: any structural change to the facility that will alter compliance with siting criteria as set forth in rule 901:10-2-02 of the Administrative Code;

(3) For permits to operate: any changes to the insect and rodent control plan approved by the director except as set forth in paragraphs (E) and (F) in rule 901:10-2-19 of the Administrative Code;

(4) For "NPDES" permits, permits to install, and permits to operate: Changes described in rule 901:10-1-09 of the Administrative Code as being grounds for modification of the permit type; or

(5) For "NPDES" permits, permits to install, and permits to operate: Changes to the manure storage or treatment facility that result from an expansion of the existing facility by ten per cent or more in excess of treatment or storage capacity.

(GGG) "Multi-year phosphorus application" means phosphorus applied to a field in excess of the crop needs for that year in accordance with appendix (E) to rule 901:10-2-14 of the Administrative Code.

(HHH) "Neighboring residence" means any occupied permanent dwelling acquired by its current owner prior to the application for a permit to install a new animal feeding operation or prior to the initial construction of an animal feeding operation for which an application for a permit to install expansion or modification has been submitted. A neighboring residence does not include any dwelling owned by the owner or operator of the production area of the facility at the time the permit to install application is submitted.

(III) New discharger means any building, structure, facility, or installation:

(1) From which there is or may be a discharge of pollutants;

(2) That did not commence the discharge of pollutants at a particular site prior to August 13, 1979;

(3) Which is not a new source; and

(4) Which has never received a final effective "NPDES" permit for discharges at that site.

(JJJ) "New source" is defined at 40 CFR 122.2 and new source criteria are as defined at 40 CFR 122.29(b).

(KKK) "Nitrate (as N)" means nitrate reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(LLL) "Nutrient" means, for purposes of Chapter 903. of the Revised Code, nitrogen or phosphorus.

(MMM) "Operating record" means the written record of a facility and other activities conducted under a permit to operate maintained by the owner or operator as found in rule 901:10-2-16 of the Administrative Code.

(NNN) "Owner or operator," for the purposes of sections 903.02, 903.03, and 903.05 of the Revised Code, means the person that owns or operates the manure storage or treatment facility or the concentrated animal feeding facility, concentrated animal feeding operation, or major concentrated animal feeding facility as defined in divisions (M), (N), (O), and (EE) of section 903.01 of the Revised Code.

(1) Owner means the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility or holds or is able to control, either directly or through a holding company or subsidiary, by means of any of the following:

(a) The person holds at least twenty-five per cent of the equity of the facility which is a business concern that is a publicly traded corporation; or

(b) The person is any other business concern not covered in paragraph (NNN)(1)(a) of this rule and holds at least fifty per cent of the equity of the facility; or

(c) The person has provided a loan to the facility with provisions for the right to control management of the facility or actual control of the facility or the selection of officers, directors, or managers of the facility.

(2) Types of ownership may include the any of the following:

(a) "Business concern" means any corporation, association, firm, partnership, trust, or other form of commercial organization.

(i) "Sole proprietorship" means a form of business concern, other than a partnership or corporation, in which one person owns all the assets and is solely liable for all the debts of the business. Sole proprietor includes any individual or entity in which an individual is an applicant or permittee or prospective owner.

(ii) "Partner" means a business concern where any person holding a position as, or similar to, a general partner, as defined in division (E) of section 1782.01 of the Revised Code, or a limited partner, as defined in division (F) of section 1782.01 of the Revised Code, or persons who share profits and liability and have management powers of a partnership, as partnership is defined in section 1775.05 of the Revised Code.

(iii) "Publicly traded corporation" means a business concern that is a corporation:

(a) Whose shares are listed on a national securities exchange; or

(b) Whose shares are regularly quoted in an over-the-counter market by one or more members of a national; or affiliated securities association; or

(c) With fifty or more shareholders.

(b) "Equity" means any ownership interest in a business concern, including sole proprietorship, the shares of a partner, and stock in a corporation.

(c) "Loans" means notes, mortgages, or financial loans of any kind, secured or unsecured, unless held by a chartered lending institution.

(3) "Operator" means the person responsible for the direct control or overall operations of a facility, and whose duties or responsibilities involve, in whole or part, the management of the facility and the exercise of independent or discretionary judgment. An operator may include the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility.

(OOO) "Overflow" means the spillage of manure resulting from the filling of manure storage or treatment facilities beyond the point at which no more manure or stormwater can be contained by the facilities.

(PPP) "Past violations" for purposes of rule 901:10-5-04 of the Administrative Code means violations of Chapter 903. of the Revised Code and rules promulgated thereunder that have occurred on more than one occasion in the past five years.

(QQQ) "Pests" means detrimental insects and rodents.

(RRR) "Phosphorus (as P)" means the same as phosphate in this chapter.

(SSS) "Point source" means any discernible, confined, or discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, large concentrated animal feeding operation, medium concentrated animal feeding operation, small concentrated animal feeding operation, landfill leachate collection system, vessel or other flooding craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater discharges.

(TTT) "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(1) Sewage from vessels; or

(2) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources.

(UUU) "Professional engineer" means a person qualified to practice engineering according to the provisions of Chapter 4733. of the Revised Code and is presently registered by Ohio's board of registration for professional engineers and land surveyors.

(VVV) "Professional geologist" means a person qualified to practice geology and is presently registered by a state licensing or certification board as recognized by the american institute of professional geologists.

(WWW) "Precipitation event" means:

(1) A ten year, twenty-four hour rainfall event with a probable recurrence interval of once in ten years, or

(2) A twenty-five year, twenty-four hour rainfall event with a probable recurrence interval of once in twenty-five years; or

(3) A one-hundred year, twenty-four hour rainfall event.

(4) The terms ten year, twenty-four hour precipitation event, twenty-five year, twenty-four hour precipitation event, and one-hundred year, twenty-four hour precipitation event shall mean a precipitation event with a probable recurrence interval of once in ten years or twenty-five years or one hundred years, respectively, as defined by the national weather service in technical paper number forty, rainfall frequency atlas of the United States, May 1961, and subsequent amendments or equivalent regional or state precipitation probability information.

(XXX) "Public water system, or PWS," means a system which provides water for human consumption through pipes or other constructed conveyances for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. Such term includes any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system and any water supply system serving an agriculture labor camp, as defined in section 3733.41 of the Revised Code. A public water system is either a "community water system" or a "non-community water system".

(1) "Community water system or CWS" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

(2) "Non-community water system or NCWS" means a public water system that is not a community water system.

(a) "Non-transient non-community water system or NTNCWS" means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.

(b) "Transient non-community water system or TNCWS" means a non-community public water system that does not regularly serve at least twenty-five of the same persons over six months of the year.

(YYY) "Reasonably available" means a person that is within a two hour drive of the facility and is available by telephone or by electronic communication.

(ZZZ) "Seasonal salmonid habitat" means rivers, streams and embankments designated a seasonal salmonid aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(AAAA) "Setback" means a specified distance from surface waters, wells, neighboring residences, or potential conduits to surface waters where manure, and process wastewater may not be land applied. Examples of conduits to surface waters include but are not limited to: Open tile line intake structures, sinkholes, and agricultural well heads.

(BBBB) "Solid manure" means manure containing greater than twenty per cent total solids.

(CCCC) "Sole source aquifer" means an aquifer designated by the United States environmental protection agency as the sole or principal source of drinking water for a given aquifer service area.

(DDDD) "Soil" means unconsolidated, erodible earth material consisting of minerals or organics.

(EEEE) "Soil horizon" means a layer of soil, approximately parallel to the soil surface, with characteristics produced by soil-forming processes.

(FFFF) "Staging or staging area" means the land application area used for placement of manure at the time of delivery in such a manner as to facilitate land application within fifteen days at that site. Staging includes the transfer of liquid manure from transport vehicles to land application equipment.

(GGGG) "Stockpile or stockpile area" means field placement of the amount of manure to be land applied to the next planned crop or crop rotation at a land application area.

(HHHH) "Storage or storage period" means the length of time anticipated between manure clean-out events provided that manure storage does not mean any form of manure containment for a period of fourteen days or less.

(IIII) "Substantial compliance when referring to compliance with the provisions of a permit," means following the effluent limitations and best management practices set forth in the permit.

(JJJJ) "Surface waters of the state" means all streams, lakes, ponds, marshes, watercourses, wetlands, springs, drainage systems, and other bodies or accumulations of surface water, natural or artificial, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.

(KKKK) "Total coliform" means all coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LLLL) "Total dissolved solids" means nonfilterable residue and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(MMMM) "Trade secrets" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, improvement, business information or plans, financial information, listing of names, addresses, or telephone numbers that satisfies both of the following:

(1) It derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable through proper means by other persons who can obtain economic value from its disclosure or use.

(2) The person claiming the secrets has taken reasonable efforts under the circumstances to maintain secrecy.

(NNNN) "Uncovered" means any manure storage or treatment facility that allows exposure of manure to precipitation events or to the run-on or run-off from precipitation events.

(OOOO) "Variance" means a type of permit modification that applies to "NPDES" permits.

(PPPP) "Zoonotic diseases" means illnesses that can be transmitted between humans and animals.

(QQQQ) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2010.

Last updated January 2, 2025 at 8:16 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-4-03

(A) An owner or operator of a concentrated animal feeding facility seeking coverage under a general permit to operate shall submit a notice of intent by the deadline specified in the general permit to operate.

(B) Notices of intent shall be filed on forms approved by the director and be considered and processed as an application for coverage under a general permit to operate.

(C) Notices of intent shall contain:

(1) The general permit to operate category under which the owner or operator of a concentrated animal feeding facility requests to be covered;

(2) Name, address, telephone number, contact person and title of owner or operator;

(3) Location, including the latitude and longitude of the production area (entrance to production area);

(4) Topographic map of the geographic area in which the facility is located showing the specific location of the production area;

(5) Specific information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, 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);

(6) The type of manure storage or treatment facility (anaerobic lagoon, fabricated structure, manure storage ponds, underfloor pits, above ground storage tanks, below ground tanks, concrete pad, impervious soil pad, other) and total capacity for manure (tons/gallons);

(7) The total number of acres under control of the owner or operator available for land application of manure;

(8) Estimated amounts of manure generated per year (tons or gallons);

(9) Estimated amounts of manure transferred to other persons per year (tons or gallons) in accordance with rule 901:10-2-11 of the Administrative Code;

(10) 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;

(11) The name of the receiving water(s), specifically the hydrologic unit code ("HUC-12" watershed) as established by the United States geological survey ("USGS");

(12) Any other information deemed necessary by the director found in the general permit to operate form; and,

(13) Any other information deemed necessary to complete the notice of intent or clarify, modify, or supplement previously submitted material.

(D) Each owner or operator of a concentrated animal feeding facility eligible for a general permit to operate may provide notice that the owner or operator wishes to receive an individual permit to operate instead.

(E) The director will review the notice of intent to ensure that the notice of intent includes all information required by this rule. If the director makes a preliminary determination that the notice of intent meets the requirements of this rule, the director will notify the public of the director's proposal to grant a certificate of coverage to the owner or operator of a concentrated animal feeding facility and make available for public review and comment the notice of intent submitted by the owner or operator, including the owner or operator's manure management plan and the draft terms of the manure management plan to be incorporated into the permit. A comment period of thirty days will be provided for public review and comment, with notice of the comment period being provided to the applicant and published on the Ohio department of agriculture, division of livestock environmental permitting's web site. During the comment period any interested person may submit written comments on the notice and may request a public meeting. The grounds for a public meeting will be the same as those provided in paragraph (D) of rules 901:10-6-01 and 901:10-6-04 of the Administrative Code. Any public meeting will be conducted as described in rule 901:10-6-04 of the Administrative Code, except that notice regarding the scheduling of the public meeting will be provided on the Ohio department of agriculture, division of livestock environmental permitting's web site, rather than through publication in the legal notice section of a newspaper. The provisions of paragraph (J) of rule 901:10-6-04 of the Administrative Code will also apply to the public comment period. The director will, if necessary, require the applicant to revise the manure management plan in order to be granted permit coverage.

(F) The director will notify each affected owner or operator of a concentrated animal feeding facility in writing that their facility is authorized pursuant to the general permit to operate by issuing a certificate of coverage. When the director authorizes coverage for the owner or operator under the general permit to operate, the terms of the manure management plan become incorporated as terms and conditions of the permit for the owner and operator. The director will maintain a list of each concentrated animal feeding facility authorized under each general permit to operate. The director will notify the applicant and inform the public that coverage has been authorized and of the terms of the manure management plan incorporated as terms and conditions of the general permit to operate applicable to the facility or operation.

(G) Each owner or operator of a concentrated animal feeding facility that receive a certificate of coverage for a category from the director will be deemed covered under that general permit to operate. Owners or operators covered under general permits to operate shall be subject to the same limits, management practices, enforcement authorities and rights and privileges specified in the general permit to operate.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-06

(A) A manure storage pond or manure treatment lagoon subject to this rule shall be designed and the plans stamped by a professional engineer. The following design and construction criteria shall be followed:

(1) An exploratory trench shall be excavated a minimum of four feet below natural grade to investigate for subsurface drainage lines in the immediate area of the manure storage pond or manure treatment lagoon. Any lines found shall be removed or relocated to provide for a minimum separation distance of not less than fifty feet between the top inner perimeter of the manure storage pond or manure treatment lagoon and the subsurface drainage line unless the subsurface drainage line is necessary to comply with paragraph (A)(9)(a) of this rule.

(2) If not already installed at the facility, a liquid level board, staff gauge, depth marker, or other appropriate device, approved by the director, shall be installed within the interior of the liquid manure storage pond or manure treatment lagoon to monitor manure levels. This device shall indicate levels every one foot in vertical elevation and shall indicate levels as described in paragraph (D)(1) of rule 901:10-2-08 of the Administrative Code.

(3) Agitation and pump-out points shall be shown on plans for a manure storage pond and a manure treatment lagoon with scour protection required.

(4) An emergency spillway may be included at the one foot freeboard level and shall be directed to a specifically designed filter strip or infiltration areas if the facility is constructed with an earthen embankment.

(5) Embankments.

(a) The minimum embankment top width shall be eight feet for embankments less than fifteen feet, ten feet for embankments ranging in height from fifteen to less than twenty feet, and twelve feet for embankments ranging from twenty to twenty-five feet high, as measured from the low point on the downstream toe to the top of the dam.

(b) If the embankment is to be traversed by farm equipment, the minimum top width shall be twelve feet. The height of the embankment shall be no greater than twenty-five feet, as measured from the low point on the downstream toe to the top of the dam.

(c) Embankments shall have side slopes not steeper than two horizontal to one vertical.

(d) The combined side slopes of settled embankments shall not be less than five horizontal to one vertical.

(e) Vegetative cover shall be established on any exposed embankment and mowed or otherwise maintained to control erosion or other embankment deterioration. In the alternative, the director may approve other means or materials to control erosion.

(6) Inlets and outlets.

(a) Inlets shall be designed to resist corrosion, plugging and freezing.

(b) The embankment may contain no outlet piping that extends through the embankment unless the piping discharges to another facility or is a component of a re-circulating flush system.

(c) All pipes for manure transfer or manure flush systems shall have watertight joints in accordance with the following ASTM standards:

(i) ASTM D3212-standard specification for joints for drain and sewer plastic pipes using flexible elastometric seals; or

(ii) ASTM C443-standard specification for joints for concrete pipe and manholes, using rubber gaskets; or

(iii) Other standards recommended by the professional engineer and approved by the department.

(7) Storage period.

The minimum storage period of manure for a manure storage pond and manure treatment lagoon shall be one hundred eighty days of manure production unless alternative use and design is otherwise approved by the department. This section is not intended to address the surface water runoff where the runoff does not enter into the pond or lagoon.

(8) Freeboard.

Freeboard shall be provided for a manure storage pond and manure treatment lagoon in addition to the total storage volume such that the elevation of the emergency spillway or top of the settled embankment, if there is no designed emergency spillway, shall be less than the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional one foot of freeboard.

(9) Liners.

The owner or operator shall include the use of a liner as part of the manure storage pond or manure treatment lagoon that achieves a hydraulic conductivity of at least one times ten to the minus seven centimeters per second (1 X 10 -7 cm/sec) to insure the integrity of the manure storage pond or manure treatment lagoon. A minimum of three feet of in situ soils with a hydraulic conductivity of one times ten to the minus seven centimeters per second will satisfy this requirement. The following design and construction criteria shall be followed:

(a) Ground water seepage shall be prevented from entering the bottom of the manure storage pond or manure treatment lagoon after construction by installing and/or maintaining a liner with a minimum liner thickness of three feet of in situ soil between the top of the seasonal high ground water surface and the bottom of the manure storage pond or manure treatment lagoon. In order to meet this requirement the ground water surface may be lowered by use of subsurface drainage lines that are properly designed by the engineering geologist or professional engineer and approved by the director.

(b) Soil liners shall be designed and constructed using procedures in section 651.1080 of the "United States Department of Agriculture, Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Chapter Ten, Geotechnical Design and Construction, August 2009," and "United States Department of Agriculture, Ohio Natural Resources Conservation Service, Section IV, Field Office Technical Guide Conservation Practice Standard 521-D, Pond Sealing and Lining, Compacted Earth Treatment. January 2010." Both procedures are available for review at the Ohio department of agriculture website http://agri.ohio.gov/. A soil liner thickness shall be a minimum of three feet.

(c) Design and construction alternatives for ground water protection.

(i) As a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code and the findings of the report submitted in accordance with that rule, an engineering geologist, professional engineer or the director may determine that installation of an additional liner is required to insure the integrity of the manure storage pond or manure treatment lagoon and to protect groundwater.

(ii) If an additional or alternative liner protection is required as set forth in paragraph (A)(9)(c)(i) of this rule, then one or more of the following may be required by the director:

(a) Concrete liners that have a minimum thickness of five inches and shall include non-metallic water stops for all joints;

(b) Flexible plastic membranes that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturers recommendations.

(c) Geosynthetic clay liners that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturer's recommendations; or

(d) Other liner designs or materials will be considered at the discretion of the director if the minimum criteria of this paragraph of this rule are met.

(10) Design and construction criteria for a manure storage pond or manure treatment lagoon located in a karst area.

(a) Manure storage ponds or manure treatment lagoons may be constructed within a karst area provided that the facility is designed to prevent seepage of manure to groundwater.

(b) Any portion of a manure storage pond or manure treatment lagoon located below the pre-construction soil surface level and constructed in a karst area shall be designed and constructed utilizing a rigid material such as concrete or steel or a properly designed clay or synthetic liner, when appropriate, upon findings in the geologic exploration.

(11) Manure treatment lagoons shall be designed in accordance with the methods set forth in the appendix to this rule.

View Appendix

Last updated August 14, 2026 at 6:49 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-05

(A) A fact sheet will be prepared prior to the issuance of a draft permit to install, draft permit to operate and draft permit to operate renewal and draft permit modification. The fact sheet shall include such information as may be required by Ohio statute or rule and may also include such additional information as the department deems desirable.

(B) The department will maintain a mailing list of persons or groups requesting fact sheets and of persons or organizations who have expressed an interest in or may, by the nature of their purposes, their activities or their members, be affected by or have an interest in obtaining fact sheets for any of the following:

(1) Any specified permits issued under section 903.02, 903.03 or 903.082 of the Revised Code;

(2) Any action taken by the director relating to the specified draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications.

(C) All public notices required or authorized for actions taken by the director on draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications will be electronically mailed to all persons subscribed on the mailing list maintained by the department.

Last updated August 26, 2025 at 4:09 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-07

(A) The application for a permit to operate 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;

(2) Plans or schedules for inspections required in rule 901:10-2-08 of the Administrative Code;

(3) An insect and rodent control plan that conforms to best management practices and is in accordance with rule 901:10-2-19 of the Administrative Code;

(4) A plan for odor minimization in accordance with rule 901:10-2-12 of the Administrative Code; and

(5) An emergency response plan in accordance with rule 901:10-2-17 of the Administrative Code.

(B) A biosecurity plan may be submitted with a permit to operate application.

(C) The owner or operator shall maintain a copy of the current permit to operate issued by the department at the concentrated animal feeding facility.

(D) Additional requirements for a permit to operate application may also include best management practices specified by the director for an animal feeding operation required to receive a permit to operate in accordance with section 903.082 of the Revised Code.

Last updated June 26, 2025 at 2:56 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-02

(A) Manure storage or treatment facilities shall be designed and constructed in accordance with the criteria in paragraphs of (B) to (O) 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.

(B) Water wells, gas wells, and/or class five agricultural drainage wells together hereinafter are referred to as "well".

(1) A fabricated structure 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.

(C) Source water protection for public water systems.

(1) Public water wells.

(a) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within three hundred feet of a well serving a public water system that is owned or operated by the owner or operator of the facility and is a public water system located on the property of the owner or operator of the facility.

(b) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a non-community water system not listed in paragraph (C)(1)(a) of this rule. If no ground water source protection area has been delineated or endorsed, then the fabricated structure, manure storage pond, or manure treatment lagoon shall not be located closer than three hundred feet from the well.

(c) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a community water system not listed in paragraph (C)(1)(a) of this rule or one thousand feet from a public water well whichever is greater.

(d) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located between the one-year and five-year time-of-travel contours from a well identified as highly susceptible unless additional ground water monitoring, or additional engineered controls or both are added, installed, and implemented as approved by the director.

(2) Surface water intake.

(a) A fabricated structure shall be located no closer than one thousand five hundred feet from a surface water intake.

(b) A manure storage pond or manure treatment lagoon shall be installed no closer than one thousand five hundred feet from a surface water intake.

(D) Streams and wetlands.

(1) Fabricated structures.

(a) A fabricated structure on a concentrated animal feeding facility shall be located a minimum of one hundred twenty horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(b) A fabricated structure on a major concentrated animal feeding facility shall be located a minimum of three hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(2) A manure storage pond or manure treatment lagoon.

(a) A manure storage pond or manure treatment lagoon on a concentrated animal feeding facility shall be located a minimum of three hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(b) A manure storage pond or manure treatment lagoon on a major concentrated animal feeding facility shall be located a minimum of six hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(E) Cold water habitat and seasonal salmonid streams.

(1) A fabricated structure shall be located a minimum of three hundred horizontal feet from a cold water habitat or seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(2) A manure storage pond or manure treatment lagoon shall be located a minimum of six hundred horizontal feet from a cold water habitat and seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(F) Aquifer.

A fabricated structure, manure storage pond or manure treatment lagoon shall have fifteen vertical feet of low permeability material, between the lowest elevation of manure placement and the uppermost aquifer, unless additional design criteria or groundwater monitoring, or both, are added, installed, and implemented as approved by the director.

(1) If additional design criteria or groundwater monitoring are added, installed or implemented, the manure storage pond or manure treatment lagoon shall have a minimum of five vertical feet of low permeability material, between the lowest elevation of manure placement and the uppermost aquifer.

(2) As used in this chapter , low permeability material means low permeability among the soil types of geologic material presented in appendix D, Chapter 10, "Agricultural Waste Management System Component Design," of part 651, "Agricultural Waste Management Field Handbook," August 2009.

(G) Sole source aquifer.

A manure storage pond or manure treatment lagoon shall not be located above a sole source aquifer without design of ground water monitoring or engineered controls or both that are installed and implemented as approved by the director.

(H) Floodplains and floodways.

(1) The production area of a facility shall not be located in a one hundred year floodplain, as those boundaries are shown on the applicable maps prepared under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, without design of additional monitoring or engineered controls or both that are installed and implemented as approved by the director and in accordance with the following.

(a) The manure storage pond or manure treatment lagoon embankments and any wall of a fabricated structure shall be designed and constructed to withstand the hydrostatic pressures from a one hundred year flood that may be exerted on the embankments or walls during a flood event;

(b) The elevation of the top of the manure storage or treatment facility shall be at the summation of the elevation of the one hundred year flood plus a minimum freeboard height of two feet;

(c) Any monitoring wells installed pursuant to this rule shall be physically protected from the floodwaters.

(2) A manure storage pond or manure treatment lagoon or fabricated structure shall not be located in established regulator floodways as designated by the federal emergency management agency.

(I) Karst areas.

A fabricated structure, manure storage pond or manure treatment lagoon shall not be located in a karst area without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(J) Bedrock.

A fabricated structure storing liquid manure, manure storage pond or manure treatment lagoon shall be located a minimum of three feet, between the lowest elevation of manure placement and bedrock where no aquifer is present.

(K) Mines.

A manure storage or treatment facility shall not be located in an area of potential subsidence, due to an underground mine known to be in existence prior to the date the application for a permit to install is submitted, without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(L) Property lines and public roads.

Property lines are defined as property lines not under common ownership of the owner or operator of a facility covered by this rule. Public roads include any state road or highway, county road, or township road as defined in section 5535.01 of the Revised Code.

A fabricated structure, manure storage pond or manure treatment lagoon shall be located no closer than one hundred horizontal feet from a property line or public road.

(M) Neighboring residences.

(1) A manure storage or treatment facility for solid manure at a concentrated animal feeding facility shall be no closer than five hundred horizontal feet from any neighboring residence.

(2) The manure storage or treatment facility for solid manure at a major concentrated animal feeding facility shall be no closer than one thousand horizontal feet from any neighboring residence.

(3) A manure storage or treatment facility for liquid manure at a concentrated animal feeding facility shall be no closer than one thousand horizontal feet from any neighboring residence.

(4) A manure storage or treatment facility for liquid manure at a major concentrated animal feeding facility shall be no closer than two thousand horizontal feet from any neighboring residence.

(5) When utilizing proven technology, the siting criteria may be reduced by the director. Proposed technologies are required to be fully described in detail plans and specifications, engineering drawings, and maps that will be reviewed by the director. Authorization to reduce any applicable siting criteria is within the director's discretion.

(N) The siting criteria requirements applicable to a manure storage or treatment facility shall not apply to the criteria set forth in paragraphs (L) and (M) of this rule if the applicant for a permit to install obtains a written agreement from all of the owners of neighboring residences or property owners located closer than the siting criteria, or the governing entities responsible for maintaining the public roads. The agreement shall state such owners or governing entities are aware of the proposed construction and have no objections to such construction. A copy of the written agreement shall be included with the permit to install application. The written agreement may be filed in the recorder's office of the county in which the neighboring residence is located.

(O) As used in this rule, additional design for engineered controls includes but is not limited to additional freeboard, secondary containment, additional treatment, increased liner thickness, synthetic liner materials, groundwater monitoring, or design and construction alternatives set forth in paragraph (A)(9)(c) of rule 901:10-2-06 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-19

(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 isstockpiled or land applied. Subject to the requirements set forth in rules 901:10-2-07 and 901:10-2-08 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.

(B) Contents of an insect and rodent control plan.

(1) An insect and rodent control plan shall be prepared by the owner or operator and be submitted to the director for approval. Upon approval by the director, the insect and rodent control planwill be incorporated into the permit to operate.

(2) An insect and rodent control plan shall:

(a) Be specific to the agricultural animal species of the concentrated animal feeding facility.

(b) Include a narrative description of a balanced integrated pest management to minimize the presence and negative effects of insects and rodents;

(c) Set forth with specificity the standard operating procedures for actions to minimize the activity and reduce the presence of insects and rodents at the facility; and

(d) Set forth methods of monitoring and procedures for record keeping in the operating record to document inspection results and actions performed.

(3) Standard operating procedures set forth in paragraphs (B)(3)(a) to (B)(3)(d) and paragraph (C) of this rule set forth some but not all of the necessary integrated pest management actions to minimize the activity and reduce the presence of insects and rodents at the facility.

(a) Management controls. The following management controls require regular inspections to be conducted by the owner or operator in intervals as described in the insect and rodent control plans. Monitoring records and inspection records shall be maintained in the operating record as required by rule 901:10-2-16 of the Administrative Code. Management controls consist of the following:

(i) The owner or operator shall specify inspection intervals in the insect and rodent control plan and conduct and document inspections as specified in the plan.

(ii) The owner or operator shall inspect for the presence or absence of watering and feeding system leaks. If any leaks are detected, appropriate repairs shall be undertaken promptly.

(iii) The owner or operator shall inspect and record observations made regarding the presence and level of pest activity. Appropriate control actions shall be undertaken promptly when activity of insects and rodents is observed that requires actions as described in the plan required by paragraph (B)(2) of this rule.

(iv) The owner or operator shall manage moisture levels in manure to minimize the activity and reduce the presence of insects and rodents at the facility. Methods to control moisture may include but are not limited to: building design; adequate ventilation; mechanical aeration; leak detection and repair; proper site grading and drainage and maintenance of watering and feeding systems.

(v) Except for manure storage ponds and manure treatment lagoons, manure storage or treatment facilities shall be covered unless the runoff and drainage is collected and stored, or directed to a specifically designed infiltration area or other adequate treatment system. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents at the facility.

(vi) Except for manure storage ponds and manure treatment lagoons, the owner or operator shall inspect manure storage or treatment facilities for pest activity prior to the removal of manure. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents.

(vii) The owner or operator shall inspect land application areas for insect and rodent activity during and after the land application of manure.

(viii) The owner or operator shall monitor manure stockpiles for insect and rodent activity on a seasonally appropriate basis.

(b) The following management actions are required but do not require record keeping, unless specified otherwise in the permit to operate, and consist of the following:

(i) Maintain sanitation procedures designed to minimize the activity and reduce the presence of insects and rodents including: maintenance of vegetation around the buildings; cleaning of the facility; removal of dead or trapped animals at a frequency that prevents their accumulation and utilization of covered receptacles for food, feed, dead animals or refuse that are durable, cleanable, inaccessible to insects or rodents, leak proof and nonabsorbent;

(ii) Buildings shall be maintained and managed in such a manner as to minimize the activity and reduce the presence of insects and rodents. The director may consider the function, purpose and age of the buildings;

(iii) The owner or operator shall maintain or have prompt access to appropriate insect and rodent control equipment;

(iv) The owner or operator shall maintain or have prompt access to suitable cleaning implements and supplies as necessary for effective cleaning of the facility; and

(v) The owner or operator shall maintain or have prompt access to insect and rodent monitoring methods and devices.

(c) Biological controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management. Biological controls shall include standard operating procedures designed to encourage the development and preservation of beneficial organisms.

Beneficial organisms may be appropriate when contained within the facility but may not be appropriate when removed from the facility. Prior to manure removal, the owner or operator is advised to evaluate the potential effects of beneficial organisms outside of the facility, e.g., at any site used for land application of manure.

(d) Chemical controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management.

Utilization of chemical controls may require, but not be limited to, asking the owner or operator to become a certified pest control applicator and keep accurate records on methods or products used and on dosage rates under Chapter 921. of the Revised Code.

(e) Utilization of chemical controls may include, but not be limited to the following:

(i) Insecticides, larvicides, rodenticides, space sprays, fly baits, vapor strips;

(ii) Chemical application equipment; and

(iii) Inside and outside control measures.

(C) Storing, stockpiling and land applying manure.

(1) The insect and rodent control plan shall be consistent with the manure management plan in order to minimize the activity and reduce the presence of insects and rodents at the facility and include the manure storage or treatment facilities and the land application areas.

(2) The storing, stockpiling and land application of manure shall be completed in accordance with standard operating procedures set forth in this paragraph and in the owner or operator's insect and rodent control plan in order to minimize the activity and reduce the presence of insects and rodents. These standard operating procedures may include but are not limited to:

(a) Treatment of pests at the land application area;

(b) Setback distances during land application that are consistent with the manure management plan for the facility and with rule 901:10-2-14 of the Administrative Code;

(c) Extended stockpiling times after removal from the facility for thermal treatment and prior to land application;

(d) Covering of the manure storage or treatment facility or covering the stockpile for thermal treatment;

(e) Implementing appropriate control measures for manure staged or stockpiled more than one week; and

(f) Chemical treatment of the manure at the facility prior to the removal of manure from the manure storage or treatment facility, monitoring and observing land application areas spread with that manure for pest activity during application, and a final inspection of those land application areas when applications are complete;

(g) If the presence of insect and rodent activity is not minimized and/or reduced prior to the removal of manure from the manure storage or treatment facility, the owner or operator shall visually monitor and observe land application areas spread with that manure for pest activity during application and conduct a final inspection of those land application areas when applications are complete.

(D) Emergency procedures. Each facility shall develop and maintain emergency procedures of action in order to minimize the activity and reduce the presence of insects and rodents at the facility.

(E) Compliance. Compliance with an insect and rodent control plan shall be determined as follows:

(1) Before proceeding with the procedures set forth in rule 901:10-5-03 of the Administrative Code, the director shall review the operating record, together with the insect and rodent control plan, examine any records of management actions taken, records of implementation of standard operating procedures and other appropriate control actions, and any monitoring data collected in the operating record.

(2) The director shall determine if insect and rodent activity has been minimized and the presence of the insects and rodents reduced by evaluating the records and assessing trends and making visual observations at the facility as evidenced by implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making this determination for an appropriate period of time, consideration will be given, but not limited to the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects and weather conditions.

(3) Upon completion of the evaluation described in paragraphs (E)(1) and (E)(2) of this rule, the director may do the following:

(a) If the owner or operator is in compliance with the plan, the director may seek voluntary action by the owner or operator to modify the insect and rodent control plan including but not limited to further minimizing and reducing the activity and presence of insects and/or rodents at the facility; or

(b) If the owner or operator will not consent to modifying the plan, or if the owner or operator is not in compliance with the plan, then the director may propose to modify the insect and rodent control plan or the owner or operator may submit an application to modify the plan, in accordance with the procedures in rule 901:10-1-09 of the Administrative Code.

(4) The director is not required to comply with paragraphs (E)(1) to (E)(3) of this rule if the director determines:

(a) An emergency exists as described in rule 901:10-5-05 of the Administrative Code; or

(b) In consultation with federal, state or local health agencies, the director determines that there exists a high risk of zoonotic disease.

(F) Criteria for approving, disapproving or modifying an insect and rodent control plan including any major operational change to an insect and rodent control plan.

(1) The director shall consider the following criteria in determining an action on an insect and rodent control plan:

(a) Compliance with paragraphs (B) to (D) of this rule.

(b) Completeness and appropriateness of the methods for disposal of rodents on a daily or weekly basis or if there is an emergency. The director will require compliance with rule 901:10-2-15 of the Administrative Code.

(c) In order to comply with rule 901:10-1-09 of the Administrative Code for any proposed major operational change of the insect and rodent control plan, the owner or operator shall:

(i) Demonstrate that insect and rodent activity has been minimized; or

(ii) Demonstrate that the proposed major operational change will improve the management of pests; and

(iii) Authorize the director to evaluate the operating records and assess trends and make visual observations at the facility of implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making a determination under this paragraph and rule 901:10-1-09 of the Administrative Code, the director may consider the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects, weather conditions, and applicable scientific and technical references for monitoring and control of insect and rodent populations.

(2) The director must act upon, approve or deny an insect and rodent control plan within ninety days of receiving it.

(G) Penalties. The director will determine civil penalties for violations of this rule in accordance with the rule 901:10-5-04 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-09

(A) No permit to install or permit to operate shall be modified or revoked and reissued unless the proposed modifications are in compliance with this rule. When a permit is modified, only the conditions subject to modification are reopened. When a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term.

(1) If the director decides to modify or revoke and reissue a permit, the director shall prepare a draft permit incorporating the proposed modifications. The director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the director shall require the submission of a new application.

(2) During the review of a permit modification or during any revocation and reissuance proceeding, the owner or operator shall comply with all conditions of the existing permit until a new final permit is issued.

(3) 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 to install and permit to operate and may seek the consent of the owner or operator. The director may modify any 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.

(C) If the director seeks to modify the permit with the consent of the owner or operator and the owner or operator does not provide consent to the director's modification, the director shall issue a notice of the proposed modified permit with the opportunity for an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(D) If the director seeks to modify the permit without seeking the consent of the owner or operator, the director shall issue a notice of the proposed modified permit with the opportunity for an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(E) The owner or operator may submit a written application for modification to the director for approval by the director if the following apply:

(1) The owner or operator is requesting material or substantial alterations or expansions or additions to the facility or other changes defined as a modification; or

(2) New information or data obtained by the owner or operator justify permit conditions in addition to or different from those in the existing permit.

(F) An application for permit modification shall contain the following information:

(1) The name , mailing address, and telephone number of the concentrated animal feeding facility;

(2) The name, mailing address, telephone number, and, if available, electronic mail address of the owner;

(3) The name, mailing address, telephone number, and, if available, electronic mail address of the operator;

(4) A description of the exact nature of the changes to be made;

(5) An explanation of why the modification is needed or requested; and

(6) Applicable technical information in support of the request for modification including but not limited to, data, records, reports, trend analyses, site plans, engineering plans and specifications, geological explorations and report that show the location and extent of work to be performed or the plan to be modified.

(7) If the director decides that the request for modification is not justified, the requestor and the owner or operator shall be notified in writing and provided the reasons for the director's determination.

(G) If the owner or operator plans a type of change that is not listed in the appendix to this rule, the owner or operator shall submit the information listed in paragraph (J) of this rule to the director. The director shall:

(1) Exercise discretion to determine if the type of change proposed by the owner or operator is a modification, an operational change, or a major operational change;

(2) Notify the owner or operator in writing of the director's determination that the submitted change is a modification, an operational change, a major operational change, the approval or denial of the submitted change and the reasons for such determination to approve or deny.

(3) The owner or operator shall not commence any change, including any construction activity, until the director has acted in accordance with the requirements in paragraph (G)(2) of this rule.

(H) Major operational changes. The owner or operator shall submit to the director any planned major operational change listed in the appendix to this rule in accordance with paragraph (J) of this rule.

The owner or operator shall not commence with any changes, including any construction activity, as proposed in the planned major operational change submitted to the department until:

(1) The department has approved the planned major operational change and has notified the owner or operator in writing of such approval.

(2) If the department determines the planned major operational change submitted by the owner or operator is not approved, the owner or operator shall be notified in writing and provided the reasons for the department's determination.

(I) Major operational change duration and expiration.

(1) A major operational change will expire after twenty-four months from the date of issuance unless the owner or operator has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(2) The director may extend the expiration of a major operational change upon request of the owner or operator.

(J) An owner or operator's application for a major operational change shall contain the following information:

(1) The name, mailing address, and telephone number of the facility;

(2) The name, mailing address, telephone number, and, if available, electronic mail address of the owner;

(3) The name, mailing address, telephone number, and, if available, electronic mail address of the operator;

(4) A description of the exact nature of the changes requested;

(5) An explanation of why the major operational change is requested; and

(6) Applicable technical information in support of the request for the change, including but not limited to: date, records, reports, trend analyses, site plans, engineering plans and specifications, geological explorations and report that show the location and extent of work to be performed or the plan to be modified.

(K) Operational changes. The owner or operator shall record operational changes in the operating record to be maintained at the facility.

(1) The director may review any operational change and any applicable information with the operational change; and

(2) The director may approve the operational change in writing, or may signify approval of an operational change by signing and dating in the operating record.

(L) Operational changes and/or major operational changes made by the owner or operator and approved by the director in accordance with the requirements of this rule shall be recorded in the operating record as required in rule 901:10-2-16 of the Administrative Code and in the permit to install or permit to operate as applicable.

View Appendix

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-14

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.

(C) General criteria for manure application. The manure application rate shall be based on the most limiting factor of rates derived from paragraphs (B) to (G) of this rule, including factors derived from all appendices to this rule, whichever factor is determined to be the most restrictive factor for purposes of protecting waters of the state.

(1) For liquid manure:

(a) The crop nitrogen requirements or removal of nitrogen described in paragraph (D) of this rule, expressed in thousands of gallons of manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule, expressed in thousands of gallons of manure per acre;

(c) The restrictions on the rate of liquid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule, with volume expressed as a measure of gallons per acre or inches per acre;

(d) The application rate shall not exceed the available water capacity of the soil as described in appendix B to this rule;

(e) The application rate shall be adjusted to preclude surface ponding and/or runoff from a land application area.

(2) For solid manure:

(a) The crop nitrogen requirements or removal of nitrogen as described in paragraph (D) of this rule expressed in pounds per ton of dry manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule expressed in pounds per ton of dry manure per acre;

(c) The restrictions on the rate of solid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule with volume expressed as a measure of tons/acre.

(3) All land applications of manure shall comply with all restrictions contained in appendix A to this rule unless a compliance alternative is submitted and approved by the director. As a compliance alternative, the concentrated animal feeding operation or certified livestock manager may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot setback or a thirty five foot vegetated buffer. As a compliance alternative, the concentrated animal feeding facility or certified livestock manager may demonstrate that a soil listed in appendix A, table 1 to this rule is not prone to flooding in a particular county in which land applications of manure are planned, through reference to the current United States department of agriculture, natural resources conservation service, web soil survey for the county.

Comment: The natural resources conservation service and the Ohio state university have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to "United States Department of Agriculture - Natural Resource Conservation Service. Field Office Technical Guide - Conservation Practice Standard 633. Columbus, Ohio, June 2003." A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(4) For all land application of liquid manures, the owner or operator shall maintain or have access to methods or devices to capture or stop subsurface drain flow if liquid manure reaches the subsurface drain outlets. Use of drain outlet plugs or other devices shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

(5) Calculate the total amount of nitrogen and phosphate to be applied to each field, including sources other than manure such as commercial fertilizer or other organic by-products.

(6) Land application of manure by means of surface application shall not occur if the forecast contains a greater than fifty per cent chance of precipitation as determined in "Managing Manure Nutrients at Concentrated Animal Feeding Operations, Appendix M, United States Environmental Protection Agency, EPA-821-B-04-006, August 2004," exceeding an amount of one-quarter inch for hydrologic soil group D soils and one-half inch for hydrologic soil group A, B, and C soils, for a period extending twenty-four hours after the start of land application. Record weather conditions in the operating record for conditions at the time of application and for twenty-four hours prior to and following application. A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(D) The manure application rate for nitrogen shall be based on the following criteria:

(1) The application rate for nitrogen shall be based on utilization of crops at the recommended agronomic rates and based on minimum runoff and leaching that may impact waters of the state.

(2) In determining the agronomic rate for nitrogen, the owner or operator shall do the following:

(a) Determine the nitrogen requirements or removal rates for the realistic yield goal of planned crops using nutrient amounts from appendix C, tables 1, 2 or 3 to this rule.

(b) Subtract the nitrogen credit for crop residue, legumes, and other sources of nitrogen to be given to the next crop in accordance with values for previous crops given in appendix C, table 4 to this rule;

(c) When applying nitrogen to a grass or legume cover crop that is growing or being established immediately after manure application, manure can be applied at the recommended nitrogen rate for the next non-legume crop or the nitrogen removal rate for the next legume crop.

(3) In determining how to minimize nitrogen leaching that may impact waters of the state, the owner or operator shall do the following:

(a) Assess each land application area with the Ohio nitrogen leaching risk assessment procedure contained in appendix C, table 5 to this rule;

(b) If the nitrogen leaching risk assessment procedure completed in accordance with paragraph (D)(3)(a) of this rule demonstrates that the land application site has a high nitrogen leaching potential and no growing crop, then application of manure shall be limited to fifty pounds of nitrogen per acre calculated at the time of application prior to October first.

(4) In calculating the actual rate of application of nitrogen from manure, the figures in appendix C, table 6 to this rule shall be used along with the manure test results conducted according to rule 901:10-2-10 of the Administrative Code.

(5) The requirements of paragraph (D) of this rule may be changed only if the owner or operator can demonstrate to the director nutrient insufficiency in accordance with the presidedress nitrate soil test procedures of tables 7 and 8 in appendix C to this rule.

(E) The manure application rate for phosphate shall be determined using the soil test analysis obtained pursuant to rule 901:10-2-13 of the Administrative Code and the following criteria:

(1) Prior to the land application of manure, land application areas shall be assessed with either the phosphorus index risk assessment procedure in appendix E, table 1 to this rule or the phosphorus soil test risk assessment procedure in appendix E, table 2 to this rule. The manure application rate for phosphate shall be limited in compliance with the applicable provision in the:

(a) Generalized interpretation of phosphorus index and management column in appendix E, table 1, to this rule, or

(b) The application criteria in appendix E, table 2, to this rule.

(2) The phosphate requirements for the realistic yield goals of planned crops, crop rotations, and\or plant biomass shall be determined using amounts from appendix C, table 1 to this rule;

(3) Phosphate applications between two-hundred fifty pounds per acre and five hundred pounds per acre are not recommended but may be made if the values for liquid manure exceed sixty pounds phosphate per one thousand gallons and if the values for solid manure exceed eighty pounds phosphate per ton and application is subject to these additional requirements:

(a) No manure application shall occur on land with soil tests that exceed more than one hundred parts per million Bray P1;

(b) )No manure application shall occur on frozen or snow-covered ground;

(c) The manure shall be incorporated within twenty-four hours;

(d) No additional phosphate application shall be made for a minimum of three years on fields with soil tests that measure less than forty parts per million Bray P1 or equivalent; and

(e) No additional phosphate application shall be made for a minimum of five years on fields with soil tests between forty and one-hundred parts per million Bray P1 or equivalent.

(4) Notwithstanding the procedures in paragraph (E) of this rule but subject to the restrictions in appendix B to this rule, for a single phosphate application in a year, the application rate shall not exceed five hundred pounds per acre of phosphate.

(F) Land application for crops or other uses not listed in appendix C to this rule will be considered on a case-by-case basis. The owner or operator shall submit existing published or documented data that is acceptable to the director.

(G) General criteria for frozen and snow-covered ground. In addition to complying with all of the criteria in paragraphs (A) to (F) of this rule, the following actions are required for surface application of manure to land with frozen or snow-covered ground.

If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.

The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.

Manure injection or manure incorporation performed within twenty-four hours at the land application site is the preferred alternative to surface application of manure. Solid manure with less than fifty per cent moisture shall be stockpiled at the land application site in lieu of manure application on frozen or snow covered ground.

Surface application of manure on frozen or snow-covered ground is prohibited unless performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.

(1) Application.

(a) Prior approval for each surface application of manure shall be obtained from the director or his designated representative.

(b) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to ten wet tons per acre for solid manure with more than fifty per cent moisture.

(c) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to five thousand gallons per acre for liquid manure.

(d) Applications are to be made on land with at least ninety per cent surface residue cover at the time of application such as good quality hay or pasture field, all corn grain residue remaining after harvest, and all small grain residue cover remaining after harvest. Vegetation or residue shall not be completely covered by ice or snow at the time of application.

(e) Manure ponding shall be prevented.

(f) Manure shall not be applied on more than twenty contiguous acres. Contiguous areas for application are to be separated by a break of at least two hundred feet. Areas that are furthest from streams, ditches, waterways, and\or surface waters are to be utilized in preference to areas with the potential for surface water runoff.

(g) Setbacks from surface waters and conduits to surface waters, (including grassed waterways and surface drains) shall be a minimum of two hundred feet. Setbacks shall have at least ninety per cent surface residue cover and vegetation or residue shall not be completely covered by ice or snow at the time of application.

(h) For application fields with slopes greater than six percent, manure shall be applied in alternating strips sixty to two hundred feet wide generally on the contour, or in the case that the field is managed in contour strips with alternative strips in grass or legume, manure shall only be applied on alternative strips. Manure application rates shall be determined for each separate application strip area and not the area of the entire application field.

(i) Any manure application with phosphorus exceeding two hundred and fifty pounds per acre is prohibited.

(2) Monitoring.

(a) Concentrated field surface drainage and tile outlets shall be visually monitored at the conclusion of manure application and periodically afterwards when weather, temperature increase, snowmelt and rainfall are likely to produce manure runoff. Periodic visual monitoring shall continue until manure is assimilated into the application field and is no longer likely to discharge into waters of the state.

(b) Upon discovering a discharge to waters of the state, the owner or operator shall notify the department within two hours of detection of the runoff event.

(c) In addition to the visual monitoring and reporting in this paragraph, the owner or operator shall collect representative grab samples from the discharges of land applied manure into waters of the state at the point that the discharge enters waters of the state (i.e. concentrated field surface runoff or field tile outlet discharge prior to entrance to surface waters) and have the sample analyzed for ammonia nitrogen levels.

(d) The owner or operator shall:

(i) Collect the sample within thirty minutes of the first knowledge of the discharge; or

(ii) If the sampling in that period is inappropriate due to dangerous weather conditions, the owner or operator shall collect the sample as soon as possible after suitable conditions occur and shall document the reason for delay.

(e) The owner or operator shall report the results of the discharge event to the department within fourteen days of occurrence. The report shall, at a minimum, contain the sample results, describe the reason for the discharge, the location, estimate of quantity and duration of the discharge, and duration of the precipitation leading up to the event, any measures taken to clean up and eliminate the discharge, and copies of land application records. Laboratory results not available at the time of the report submitted shall be submitted to the department within five days of receipt.

(f) If the ammonia nitrogen level in a water quality sample is determined to be twenty-six mg\L or greater in the discharge at the point it enters waters of the state, then additional surface application of manure to frozen and\or snow covered ground is prohibited on the field where the runoff event occurred.

(g) In the event that an owner or operator complies with all of the requirements of paragraph (G) of this rule and runoff enters waters of the state resulting in ammonia nitrogen level in a sample determined to be twenty-six mg\L or greater in three application events authorized in accordance with paragraph (G)(1)(a) of this rule, then additional surface application of manure to frozen and/or snow covered ground shall be prohibited for the duration of the permit.

(h) In the event that the owner or operator fails to comply with the land application requirements for frozen or snow covered ground, including but not limited to prior notice, and approval for each application pursuant to paragraph (G)(1)(a) of this rule, notice of discharge, monitoring and record keeping, for more than two surface land application events, then land application on any frozen or snow-covered ground shall be prohibited for that owner or operator for the duration of the permit upon receipt of a third notice of deficiencies resulting in noncompliance pursuant to section 903.17 of the Revised Code.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Last updated July 29, 2026 at 1:46 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-16

(A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.

The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) The manure storage or treatment facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the Administrative Code, including:

(a) Measurements of manure volume and the depth of liquid manure in manure storage or treatment facilities by the depth marker or other appropriate device as approved by the director in accordance with rules 901:10-2-05 and 901:10-2-06 of the Administrative Code as required by rule 901:10-2-08 of the Administrative Code.

(b) Records of inspections of the structural integrity and vegetative management systems of the manure storage or treatment facility taken at intervals specified in the manure management plan and including evidence of erosion, leakage, animal damage, and problems of emerging vegetation.

(c) Records of measurements of current storage capacity remaining in any manure storage and treatment facility, based upon inspections conducted at intervals specified in the manure management plan. Records shall include volume of solids accumulation, design treatment volume, total design storage volume, and approximate number of days remaining until manure reaches maximum operating level as specified in the manure management plan.

(d) Records of inspections of stormwater conveyances, diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon.

(e) Records of inspections of the protective vegetative cover that is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.)

(f) Implementation dates of those best management practices necessary to operate and maintain settling basins, grass filtration or soil infiltration systems or diverting clean water and roof water away from the production area.

(g) Records of groundwater sampling and analysis and any surface water sampling and analysis. This also includes any records associated with monitoring or sampling of subsurface perimeter drains around manure storage or treatment facilities.

(h) Records required in rule 901:10-2-19 of the Administrative Code for the insect and rodent control plan.

(i) Records of inspections of water lines located above ground and readily accessible or visible for daily inspection, including drinking water or cooling water lines.

(j) Records of actions taken to correct any deficiencies found as a result of inspections conducted in the production area. If actions were not taken within thirty days of discovery, then the operating record shall record the reasons explaining why corrections could not be made immediately.

(k) Records of the date, time, and estimated volume of any overflow or discharge from the production area.

(2) Manure characterization data, test methods, results, and other information as required in paragraph (E) of rule 901:10-2-10 of the Administrative Code.

(3) Land application area records shall be recorded and maintained in the operating record. Records for each land application area shall include:

(a) The owner or operator shall maintain or have access to adequate land application equipment and record this in the operating record. All land application equipment, including manure transfer or transportation equipment, shall be routinely monitored to ensure the equipment is not leaking, causing a spill or discharge.

(b) The owner or operator shall list or otherwise describe those acres of land in the operating record for land application of manure, whether the land is owned or leased. Land application areas identified in the manure management plan shall be accompanied by a map.

(c) The owner or operator shall identify appropriate site-specific conservation practices that are or will be implemented at a land application area, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state.

(d) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, document the periodic observations of the subsurface drain outlets and concentrated surface flow areas for liquid manure flow during and after application in the operating record.

(i) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(ii) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(e) When liquid manure is applied to a land application area with a subsurface drain, document the use of drain outlet plugs or other devices in the operating record.

(f) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(g) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(h) Records of the cropping schedule for each land application area for the past year, planned crops for the current year, and anticipated crops for the next two years after the current year.

(i) Targeted crop yield for each crop in each land application area based on:

(i) Soil productivity information;

(ii) Historical yield data;

(iii) Potential yield; or

(iv) Combinations of yield data.

(v) An additional ten per cent may be added to the potential and/or historical yields to account for improvements in management and technology.

(vi) When historical yield data is not available a realistic yield may be based on local research or on yields from similar soils and/or cropping systems in the area.

(vii) For new or potential crops or varieties, industry yield estimates may be used until actual yields are available for documentation in the operating record.

(j) Actual yield, if available.

(k) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(l) Date, rate, quantity and method of application of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(m) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(n) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(o) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation, and wind speed and direction.

(p) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(q) Implementation dates of those best management practices necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation, cover crops or residue management in accordance with paragraphs (B) to (E) of rule 901:10-2-14 of the Administrative Code.

(r) Record the annual projected nutrient budget for nitrogen and phosphate for each land application site for the plant production sequence and/or crop rotation.

(s) Records shall be maintained of annual calibration of land application equipment.

(4) Unless otherwise recorded with the insect and rodent control plan implementation or land application records, records of inspections and actions taken at manure stockpile or manure transfer sites.

(5) The records for implementation of distribution and utilization methods, if used, shall include:

(a) Quantity of manure transferred off-site for each twelve month period (tons/gallons);

(b) Date of off-site transfer for distribution;

(c) Name, certified livestock manager or agricultural fertilizer applicator certification certificate number and address of recipient of manure;

(d) Record that the recipient was provided with a copy of the appendices A, and B to rule 901:10-2-14 of the Administrative Code, a copy of the most recent manure analysis consistent with the rules; and

(e) An acknowledgment between the owner and operator and the manure recipient pursuant to rule 901:10-2-11 of the Administrative Code.

(6) Disposal of dead livestock. The records for implementing the plan for the disposal of dead livestock shall include, but not be limited to:

(a) The disposal method used for removal of dead livestock;

(b) A record of the date and time of inspection of each facility; and

(c) Those best management practices necessary to implement the disposal of dead livestock.

(7) Records shall be maintained documenting the implementation of best management practices used to ensure that confined animals will not have direct contact with waters of the state.

(B) Records shall be generated by certified livestock managers to comply with the requirements of rule 901:10-1-06 of the Administrative Code. The operating records shall be maintained on forms approved for use by the department. A certified livestock manager employed by a major concentrated animal feeding facility may use the major concentrated animal feeding facility's operating record to comply with the requirements of this rule and rule 901:10-1-06 of the Administrative Code, to the extent the records required to be kept by the certified livestock manager are already maintained in the facility's operating record. The operating record for a certified livestock manager shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) Records shall be maintained for each land application area.

(2) The certified livestock manager shall list or otherwise describe the acres of land for land application of manure. Description shall include, but is not limited to, maps identifying the land application area.

(3) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, documentation shall be made of the periodic observations of subsurface drains, drain outlet plugs, drain outlets or other devices for liquid manure flow during and after application in the operating record. Monitoring of concentrated surface flow areas during and after application shall also be documented.

(a) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(b) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(4) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(5) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test risk assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(6) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(7) Date, rate, quantity and method of application sources of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(8) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(9) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(10) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation and wind speed and direction.

(11) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(12) Records shall be maintained of annual calibration of land application equipment.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-04

(A) Civil penalty rules applicability.

This rule applies to concentrated animal feeding facilities, and certified livestock managers.

(B) Consolidation.

Each and every day of violation of any rule or statute of Chapter 903. of the Revised Code is a separate and distinct offense, and in cases of continuing violations, each day's continuance is a separate and distinct violation unless otherwise determined by the department or unless the violations are of division (C) of section 903.06 or division (A) of section 903.07 of the Revised Code. Proceedings for the assessment of multiple civil penalties for multiple violations against an owner or operator of a concentrated animal feeding facility or certified livestock manager may be consolidated into a single proceeding.

(C) Hearing procedures.

All adjudication hearings concerning violations cited in accordance with section 903.16 and section 903.17 of the Revised Code shall be conducted in accordance with Chapter 119. of the Revised Code. The director may consider the factors listed in paragraph (D)(1) of this rule in the adjudication hearing as presented by the parties.

(D) Civil penalty assessment.

The amount of a civil penalty shall be determined by the reasonable exercise of the director's discretion in considering the following factors

(1) The economic benefit gained by the violator (if any) resulting from the violation.

(2) Acts of nature or acts of third parties that resulted in or contributed to violations.

(3) Any history of such violations, including recalcitrance resulting in costs incurred by the director to enforce any previously issued final orders of the director.

(4) Any good-faith efforts to comply with applicable requirements.

(5) Any supplemental environmental projects that may be undertaken by the owner or operator of a concentrated animal feeding facility or a certified livestock manager to off-set some of the amount of civil penalty payable to the livestock management fund if the director finds that any project may enhance the owner's or the operator's, or the certified livestock manager's compliance by undertaking a project that is beyond any work or activities required by law or if the director agrees that any proposed supplemental environmental projects will enhance the environment.

(6) The seriousness or magnitude of the violation or violations.

(7) The gravity of effect of the violation or violations.

(8) Such other matters as justice requires.

(E) Penalty matrix.

(1) Applicability.

The director may use the penalty matrix contained in this paragraph to modify a penalty amount derived from paragraph (D) of this rule by following this procedure:

(a) Determine the magnitude or seriousness of the violation as specified in paragraph (E)(2) of this rule;

(b) Determine the gravity of effect pertinent to the violation as specified in paragraph (E)(3) of this rule; and

(c) Determine whether the violation is the first violation or past violation, and modify the penalty amount by reference to the appropriate matrix contained in paragraphs (F) to (K) of this rule.

(2) Categories of magnitude or seriousness.

(a) Category I (major):

(i) A violation of a department order issued as part of or in connection with a formal enforcement action;

(ii) Failure to provide access to premises or records when required by statute, rule or order;

(iii) Any discharge of manure that enters the waters of the state, either without a permit or from a point source not authorized by a permit unless the discharge has been reported as an emergency in accordance with rule 901:10-2-17 of the Administrative Code or unless the discharge is an agricultural stormwater discharge as defined in paragraph (D) of rule 901:10-1-01 of the Administrative Code;

(iv) Submitting records, reports or application forms which are false, misleading, or fraudulent;

(v) Failure to provide notification of a known spill or upset condition that results in a non-permitted discharge into waters of the state;

(vi) Failure to comply with division (A) of section 903.07 of the Revised Code;

(vii) The presence of insects or rodents indicating a failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(viii) Failure to apply for applicable permits;

(ix) Installing or operating facilities regulated under Chapter 903. of the Revised Code prior to issuance of applicable permits;

(x) Failure to provide corrections specified by the director on any applicable permits; or

(xi) Upon completing construction authorized by a permit to install, failure to comply with paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code.

(b) Category II (moderate):

(i) Failure to submit a plan or report if required by permit or rule;

(ii) Placing manure such that manure is likely to enter the waters of the state by any means;

(iii) Any violation of a department rule or order that is not classified elsewhere in these rules as major or minor or any failure to operate in accordance with approved best management practices;

(iv) Failure to maintain the freeboard requirements of approved best management practices; or

(v) Failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(c) Category III (minor):

(i) Any violation of record keeping requirements in approved best management practices.

(ii) Failure to maintain records in accordance with rule 901:10-2-16 of the Administrative Code.

(3) Gravity.

The gravity of effect of the violation will be determined by consideration of the individual or cumulative possibility of harm to the public health or the environment caused by a violation or violations. Gravity of effect will be classified as high, medium or low. The existence of one or more factors determined to be high level will result in the gravity of effect considered to be of high level. Lacking any factor determined to be of high level, the existence of one or more factors of medium level will result in the gravity of effect to be considered of medium level. Lacking any factor of high or medium level will result in the gravity being of low level:

(a) Gravity of effect high level:

(i) Significant risk of injury or actual injury to wildlife;

(ii) Surface or groundwater contamination of a level that poses a significant risk of harm to public health or the environment; or

(iii) High risk of or actual zoonotic disease transmission as determined by the director upon consultation with federal, state or local health agencies.

(b) Gravity of effect medium level:

(i) Surface or groundwater contamination that causes short-term impact but does not meet the criteria of high level gravity of effect yet exceeds the definition of low gravity of effect and does not pose a significant threat to human health or the environment; or

(ii) Insect and rodent populations in excess of target levels posing potential off-site impacts or posing a lower risk of zoonotic disease transmission.

(c) Gravity of effect low level:

(i) Surface water contamination not found or not found at a level in excess of applicable water quality standards; or

(ii) Insect and rodent populations not found off-site but not in compliance with the approved plan for the facility.

(F) Civil penalty matrix for first violation of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to and including $10,000 | Up to $3,200 | Up to $1,600 | | Category II (Moderate) | Up to $2,400 | Up to $1,600 | Up to $800 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(G) Civil penalty matrix in the event of past violations of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $6,000 | Up to $3,200 | | Category II (Moderate) | Up to $6,000 | Up to $3,200 | Up to $1,600 | | Category III (Minor) | Up to $3,000 | Up to $1,600 | Up to $400 |

(H) Civil penalty matrix for insect and rodent control plans. As set forth in division (C) of section 903.10 of the Revised Code, the director may use this penalty matrix to assess a preliminary penalty amount for enforcement of section 903.06 of the Revised Code and will exercise reasonable discretion in accordance with paragraph (D) of this rule.

Concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of Effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category II (Moderate) | Up to $2,500 | Up to $1,500 | Up to $500 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(I) Concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $5,000 | Up to $2,000 | | Category II (Moderate) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category III (Minor) | Up to $2,000 | Up to $1,000 | Up to $500 |

(J) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $12,500 | Up to $7,500 | Up to $4,000 | | Category II (Moderate) | Up to $7,500 | Up to $4,500 | Up to $2,500 | | Category III (Minor) | Up to $4,000 | Up to $2,500 | Up to $1,500 |

(K) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $25,000 | Up to $15,000 | Up to $7,500 | | Category II (Moderate) | Up to $15,000 | Up to $9,000 | Up to $4,500 | | Category III (Minor) | Up to $7,500 | Up to $4,500 | Up to $2,500 |

Last updated June 25, 2025 at 11:13 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-02 General administrative requirements for permits.

(A) Requirements for an individual permit to install and an individual permit to operate:

(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 complete application for a permit to installor a permit to operate must include:

(a) All required information as set forth in Chapter 901:10-2 of the Administrative Codewhich shall accompany the application.

(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.

(3) An application for a permit to install and a permit to operate shall include information on ownership and background, including but not limited to, the following information:

(a) The name, mailing address and location of the facility for which the permit to install and permit to operate application is submitted;

(b) The name, address, telephone number and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or all officers and directors if the owner is a corporation, and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner;

(c) The name, mailing address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, director, or managers of the operator;

(d) 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 owner or operator 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 application and the permit to operate application are submitted simultaneously as provided in paragraph (A)(1) of this rule, then the following information is sufficient to satisfy the requirements of the permits:

(i) A list of all animal feeding facilities, including concentrated animal feeding facilities, that the owner or operator of the proposed new or modified concentrated animal feeding facility owns, has owned, has operated or is operating in the state of Ohio. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(ii) A list of all animal feeding facilities, including concentrated animal feeding facilities that the owner or operator owns, has owned, 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 animal feeding facilities and concentrated animal feeding facilities that the owner or operator owns, has owned, has operated, or is operating outside the United States. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(iii) The lists of animal feeding facilities and concentrated animal feeding facilities owned or operated by the owner or operator within or outside the state of Ohio or outside the United States shall include, respectively, all such facilities owned or operated by the owner or operator during the five year period immediately preceding the submission of the application;

(iv) A list of all administrative enforcement orders, that includes the order title, jurisdiction, and case number, issued to the owner or operator, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States;

(v) A list of all civil actions, that includes the action title, jurisdiction, and case number, 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 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States; and

(vi) A list of all criminal actions, that includes the action title, jurisdiction, and case number, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States.

(4) 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.

(5) 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.

(6) An application for a permit to install for 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.

(7) A certification statement signed by the facility owner that reads: "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."

(8) 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, along with an additional copy for each permit required.

(b) The director shall not begin processing a permit application until the applicant has fully complied with the application requirements for the permit in accordance with paragraph (A)(2) of this rule.

(c) Permit applications must comply with the signature and certification requirements of this rule.

(d) If an owner or operator 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 Chapter 903. of the Revised Code and rules promulgated thereunder.

(B) The owner or operator shall maintain a copy of the current permit to install and permit to operate issued by the department.

(C) Duration and renewal.

(1) Permit to install.

(a) A permit to install shall expire after twenty-four months from the date of issuance unless the owner or operator has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(b) The director may extend the expiration of a permit to install upon request of the owner or operator. An extension, if approved, will be valid for twelve months from the previous expiration date of the permit to install.

(c) Any further extensions are at the discretion of the director.

(2) Permit to operate.

(a) A permit to operate shall be valid for a period of five years.

(b) A permit to operate may be renewed. An application for renewal of a permit to operate shall be submitted to the director at least one hundred eighty days prior to the expiration date of the permit to operate and comply with the requirements governing application for permits to operate that are established by rules, including rules 901:10-2-07 to 901:10-2-20 of the Administrative Code.

(c) An owner or operator who timely submits an application for renewal of a permit to operate to the director in compliance with paragraph (C)(2)(b) of this rule, may continue operating under the terms and conditions of the expired permit until the director issues a final permit to operate in accordance with section 903.09 of the Revised Code.

(D) A permit to operate application or a permit to install application will be acted upon not later than ninety days after receipt of a complete application as provided by paragraph (A)(8) of this rule. The director may provide guidance and technical assistance to the owner or operator, provided that the owner or operator is responsible for compliance with the permit and the director shall not be precluded from pursuing enforcement against the owner or operator for violations of Chapter 903. of the Revised Code and the rules promulgated thereunder.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-04

(A) Applicants for permits and certifications shall pay non-refundable fees to the department of agriculture for each such issuance as provided by this rule and rule 901:10-1-02 of the Administrative Code.

(B) As required in rule 901:10-1-06 of the Administrative Code, the livestock manager certificate will be assessed a fee of fifty dollars. Fees are assessed upon application for a certificate or renewal of certificate. A late charge of thirty dollars shall be assessed for a certificate expired more than ten days.

(C) The permit to install shall be submitted simultaneously with the permit to operate with applicable fees for each permit.

(D) An application for the permit to install will be assessed a fee of three thousand dollars.

(E) An application for the permit to operate, filed independently or with a permit to install, will be assessed a fee of one thousand five hundred dollars. The renewal fee for the permit to operate will be one thousand five hundred dollars.

(F) An application for a general permit to operate will be assessed a fee of one thousand five hundred dollars. The renewal fee for the general permit to operate is one thousand five hundred dollars.

(G) A request for a major operational change shall be assessed a fee of five hundred dollars.

(H) Permit transfers are subject to a fee of five hundred dollars.

(I) Modifications to permits are subject to a fee of one thousand five hundred dollars.

(J) The fees assessed under this rule shall be collected upon submission of the application for permit as required by rule 901:10-1-02 of the Administrative Code or certificates or renewals or upon application for permit transfer or permit modification.

(K) The director may review the fees prescribed in paragraphs (B) to (J) of this rule periodically. If necessary to revise fees, the director shall compile revised fee schedules and shall make the revised schedules available to persons required to pay the fees and to the public.

(L) If fees do not accompany the application as set forth in paragraphs (B) to (J) of this rule, the application will be deemed incomplete. The applicant will be contacted with notice as to what fees are applicable and the application will not be processed until the fees are paid.

Last updated January 2, 2025 at 8:16 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-20

The owner or operator of a concentrated animal feeding facility with a permit to operate shall submit an annual report to the director by January thirty-first of the following year and include the following information:

(A) The permitted number (permitted design capacity) and type of animals, the current number and type of animals, whether animals are 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 (tons/gallons) generated by the facility in the previous calendar year;

(C) Provide the amount of total manure (tons/gallons) land applied under the control of the facility in the previous calendar year;

(D) Provide the amount of total manure transferred to other persons by the facility in the previous calendar year as recorded in the operating record in accordance with rule 901:10-2-11 of the Administrative Code;

(E) 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;

(F) Total number of acres used for land application of manure under control of the facility in the previous calendar year; and

(G) Summary of all manure discharges from the production area that have occurred in the previous calendar year, including date, time, and approximate volume.

Last updated January 5, 2026 at 11:17 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-03 Criteria for decision-making.

(A) Criteria for decision making by the director. The director shall deny, modify, revoke and reissue, or terminate a permit to install or permit to operate if:

(1) The permit application contains misleading or false information; or

(2) The designs and plans fail to conform to best management practices and to the rules in this chapter or if the owner or operator fails to build the facility in accordance with design plans as approved in the permit to install or in accordance with amended and approved design plans; or

(3) The plans for the manure management plan, the insect and rodent control plan and any other plans governing the operation fail to conform to best management practices and to rules of this chapter; or

(4) The facility is not designed or constructed as a non-discharge system or operated to prevent the discharge of pollutants to waters of the state or to otherwise protect water quality; or

(5) The director determines that the applicant or owner or operator has not complied with rule 901:10-1-10 of the Administrative Code.

(B) The director may deny, modify, revoke and reissue, or terminate a permit to install or permit to operate if the owner, operator or persons associated in the ownership or operation of concentrated animal feeding facilities, have a history of substantial noncompliance with the Federal Water Pollution Control Act, the Safe Drinking Water Act, as defined in section 6109.01 of the Revised Code, any other applicable state laws pertaining to environmental protection or environmental laws of another country that indicates that the owner or operator lacks sufficient reliability, expertise, and competence to own or operate the facility in substantial compliance with Chapter 903. of the Revised Code and this chapter.

In evaluating a history of substantial noncompliance as required, the director may consider all of the following for a period of five years preceding the date of the application:

(1) Any information submitted on ownership and background pursuant to rule 901:10-1-02 of the Administrative Code, including the following:

(a) If the owner or operator is a publicly traded corporation, provide the full name and business address of each individual or business concern holding twenty-five per cent or more of the equity in the owner or operator; or

(b) If the owner or operator is a sole proprietor or any other business concern, provide the full name and business address of each individual or business concern holding more than fifty per cent of the equity in the owner or operator;

(c) If the owner or operator is a partnership, as partnership is defined in section 1775.05 of the Revised Code, provide the full name and business address of each individual or business concern holding more than fifty per cent of the equity in the owner or operator; and

(d) If the owner or operator is the recipient of a financial loan to the facility with provisions for the right to control management of the facility or actual control of the facility or the selection of officers, directors, or managers of the facility, identify the full name and business address of each individual or business concern providing the loan.

(2) Any administrative enforcement action (including an administrative order or notice of violation), civil suit, or criminal proceeding that is:

(a) Pending against the owner, operator, or a business concern owned or controlled by the owner or operator;

(b) Resolved or dismissed in a settlement agreement, in a consent order or decrees, is adjudicated or otherwise dismissed and that resulted in the imposition of:

(i) A sanction such as a fine, penalty, payment or work or service performed in lieu of a fine or penalty; or

(ii) Cessation or suspension of operations.

(c) Any revocation, suspension, or denial of a license or permit or equivalent authorization; or

(d) With respect to paragraph (B)(1)(a) of this rule, any explanation that the applicant or owner or operator may choose to submit.

Last updated January 18, 2026 at 2:22 PM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-10

(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) No permit to install or permit to operate shall be modified unless the proposed modifications are in compliance with rule 901:10-1-09 of the Administrative Code.

(C) No person shall operate a concentrated animal feeding facility without a permit issued by the director under section 903.03 of the Revised Code.

(D) No person shall violate the terms and conditions of a permit to install or permit to operate issued by the director.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-06

(A) Purpose and applicability.

(1) The management and handling of manure at a major concentrated animal feeding facility, shall be conducted by or under the supervision of a person that has a current livestock manager certification and that is reasonably available to the facility.

(2) No person who is a livestock manure broker shall buy, sell, or land apply annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure unless the person is a certified livestock manager.

(3) No person who is a livestock manure applicator shall land apply and transport annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure unless the person is a certified livestock manager.

(4) Any person subject to this rule who is either a livestock manure broker or a livestock manure applicator shall maintain an operating record on forms provided by the department and other forms selected by the livestock manure broker or livestock manure applicator and approved by the director. The operating record shall be retained for a minimum period of five years, shall be made available to the director upon request, and shall record and document in accordance with paragraph (B) of rule 901:10-2-16 of the Administrative Code.

(5) In order for a person to manage or handle manure at a major concentrated animal feeding facility or for a person to either transport and land apply manure or to, buy, sell or land apply annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure in this state, the person shall obtain a livestock manager certification from the department.

In the alternative, the person may present a certified copy of an equivalent and valid manure manager certification from another state, which has been verified by the director or the director's designated representative, together with the appropriate fee as listed in the fee rule.

(6) This rule does not apply to a person who is an owner or operator of a concentrated animal feeding facility permitted by the director in accordance with section 903.02 of the Revised Code or section 903.03 of the Revised Code, unless that person applies other manure from another animal feeding facility, concentrated animal feeding facility, or major concentrated animal feeding facility in excess of four thousand five hundred dry tons per year of solid manure or more than twenty-five million gallons of liquid manure per year.

(7) A person is considered to be under supervision of a certified livestock manager if the holder of the certification is reasonably available, but not necessarily physically present, during the management and handling of manure. The certified livestock manager cannot claim the lack of presence as a defense under Chapter 903. of the Revised Code.

(B) Application and certification procedures.

(1) In order to be a certified livestock manager, the applicant must meet the requirements in paragraphs (D)(1) to (D)(5) of this rule.

(2) The applicant for a livestock manager certification shall file an application on a form provided by the director. The application shall include but not be limited to: address and telephone number of the applicant; the results of the applicant's test results for any examination completed by the applicant as described in paragraphs (D)(1) to (D)(5) of this rule; and if applicable, the quantity of manure managed or handled by the applicant.

(3) All certifications issued shall expire on December thirty-first of the third year after the year in which the certificate was issued and each December thirty-first triennially thereafter, unless renewed in accordance with this rule. Any certification issued shall be valid for three years and thereafter be subject to renewal. A renewal shall be valid for three years.

(4) The department shall charge an appropriate fee as listed in the fee rule 901:10-1-04 of the Administrative Code for the issuance and renewal of a livestock manager certification.

(5) In order for a certification to be renewed, the holder must accumulate ten hours of continuing education credit over a three year period immediately preceding the date of application.

(C) Enforcement.

(1) The director may suspend, revoke or deny a livestock manager certification if the certified livestock manager:

(a) Engages in fraud or deceit in obtaining a certification;

(b) Fails to exercise reasonable care, judgment or use of the manager's knowledge and ability in the performance of the duties of a certified livestock manager;

(c) Is incompetent or otherwise unable to properly perform the duties of a certified livestock manager; or

(d) Has violated or caused to be violated Chapter 903. of the Revised Code and any rules adopted thereunder.

(2) If the director proposes to suspend, revoke, or deny a livestock manager certification, the livestock manager may appeal the director's proposed action in accordance with Chapter 119. of the Revised Code.

(3) Suspension of a livestock manager certification.

(a) Suspension of a livestock manager certification will be in effect for a period of not less than two hundred seventy days. The director may suspend a livestock manager certification for an indefinite period as determined by the director's authority under this rule and division (D) of section 903.10 of the Revised Code.

(b) After the required two hundred seventy days has passed and if there is substantial evidence that the conditions leading to the suspension have been corrected, the director may issue a certificate to reinstate the suspended livestock manager certification.

(c) If a livestock manager certification is suspended indefinitely, a person may apply in writing for reinstatement. The petition must include any relevant facts concerning changes to conditions under which suspension occurred. If substantial evidence that the conditions leading to the suspension have been corrected, the director may issue a certificate to reinstate the suspended livestock manager certification.

(4) Revocation of a livestock manager certification is permanent as determined by the director's authority under this rule and division (D) of section 903.10 of the Revised Code.

(5) If a certified livestock manager fails to renew a certification within thirty days of its expiration, the certified livestock manager must submit an application for certification and meet the requirements of paragraph (B) of this rule.

(6) The director may assess penalties against the certified livestock manager in accordance with section 903.16 of the Revised Code and rule 901:10-5-04 of the Administrative Code for violations of section 903.07 of the Revised Code, any provision of rules adopted under Chapter 903. of the Revised Code, or for failing to comply with best management practices established in the rules. The person is entitled to a hearing in accordance with Chapter 119. of the Revised Code.

(D) Training and examination procedures.

(1) The department may offer a training program and an examination for a livestock manager certification. The applicant shall have knowledge of information on topics that include calculating nutrient values in manure, devising and implementing a plan for the land application of manure, removing manure held in a manure storage or treatment facility and following best management practices for disposal of dead animals and manure management, including practices that control odor and protect the environment. The applicant shall be expected to have knowledge of how to devise and implement a manure management plan and an insect and rodent control plan. In addition, the applicant shall understand the laws and rules related to animal feeding facilities.

(2) An applicant for a livestock manager certification shall pay a fee as required by rule 901:10-1-04 of the Administrative Code.

(3) The director may specify other types of recognized training programs that, if completed, are considered to satisfy the training and examination requirement.

(4) The director has determined that the following training and certification programs satisfy this rule:

(a) If an applicant for a livestock manager certification demonstrates knowledge of the information of the topics set forth in paragraph (D)(1) of this rule and has completed the training provided in accordance with the "certified crop advisor" program conducted by the "American Society of Agronomy" and demonstrates a passed exam, then the applicant will be eligible for a certificate issued in accordance with this rule; or

(b) If the applicant for a livestock manager certificate demonstrates knowledge of the information of the topics set forth in paragraph (D)(1) of this rule and has completed the training and certification of the United States department of agriculture natural resource conservation service relating to being a certified planner to prepare comprehensive nutrient management plans, then the applicant will be eligible for a certificate issued in accordance with this rule.

(5) The department may cooperate with or enter into cooperative agreements with any official agency of the federal government, of this state or its subdivisions, or other academic or private institutions for the purpose of administration of the training and examination portions of Chapter 903. of the Revised Code.

(6) In accordance with section 903.20 of the Revised Code, the director may call upon the concentrated animal feeding facility advisory committee to assist in establishing the standards of training and examination.

(7) Training and examination opportunities will be provided at such times and places as determined by the department in consideration of the number and location of requests.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-05 Trade secrets requests for confidentiality.

(A) Applicant means a person submitting a claim of trade secrecy to the director or to the director's authorized representative.

(B) Records, reports or other information obtained under Chapter 903. of the Revised Code or rules thereunder may be entitled to protection as trade secrets. In order to be protected, the applicant shall demonstrate to the director's satisfaction that all or part of such records, reports or other information, (including attachments that are required to be submitted), or other part thereof (other than effluent data) to which the director has access under this rule, if made public would divulge methods or processes or other information entitled to protection as trade secrets. If the director determines that the claim for trade secret is satisfied, the director shall consider such records, reports, or other information or part thereof confidential and manage the records, reports or other information pursuant to this rule.

(C) The following information is considered a public record for which claims of trade secrecy will be denied:

(1) The name and address of any permit applicant or permittee;

(2) Permit forms, permit applications, permits and sampling and effluent data;

(3) Information required by NPDES application forms provided by the department including information submitted on the forms themselves and any attachments used to supply information required by the forms; and

(4) Any public comments, testimony or other documentation from the public concerning a permit application.

(D) A request for confidentiality shall be submitted to the director simultaneously with submission of the specific record, report or other information. The applicant shall clearly indicate the record, report or information as trade secret and shall label it "trade secret." Failure to make such request simultaneously shall constitute a waiver of the right to prevent public disclosure. A request for confidentiality shall be accompanied by documents that support the request which include:

(1) Describe the measures the applicant has taken to safeguard the confidentiality of the information.

(2) Indicate whether or not others are bound by a confidentiality agreement.

(E) A decision as to the confidentiality request shall be made by the director within forty-five days of receipt of a request filed in accordance with this rule. Until such decision is made, the record, report or other information or part thereof, shall be confidential and maintained by the director in a separate file labeled "confidential." The applicant shall be notified by mail of the decision.

(F) Any record, report or other information determined to be confidential may be disclosed without the applicant's consent to officers, employees or authorized representatives of the state, another state or the United States when necessary for an enforcement action brought under this chapter or when otherwise required by the Federal Water Pollution Control Act.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-08 Permit transfer.

(A) Transfers of permits for concentrated animal feeding facilities are permissible.

(B) In this rule, transferor means the current holder of a permit to install and/or permit to operate. Transferee means the person or persons submitting an application to acquire the existing permit.

(1) The director shall be notified in writing by the transferor at least thirty days prior to any proposed transfer of a permit. The transferee shall inform the director that it will assume the responsibilities of the transferor.

(2) The notice shall include a written agreement between the transferor and transferee containing a specific date for transfer of permit responsibility, coverage and liability between the parties.

(C) In order to satisfy the requirements of paragraph (B) of this rule, the following information shall be submitted by the transferee:

(1) The name and address of the transferor and the transferee. The transferee shall identify all partners if the transferee is a partnership, all members if the transferee is a limited liability company, all officers and directors if the transferee is a corporation, all trustees if the transferee is a trust, and any other person who has a right to control or in fact controls management of the transferee or the selection of officers, directors, or managers of the transferee. If the transferee is an owner or operator, the transferee must satisfy the requirements of this rule.

(2) In the case of an application for a transfer of a permit for a major concentrated animal feeding facility, written proof that includes copies of certificates or authenticating documentation that the owner or operator will employ a certified livestock manager.

(D) Each application to transfer a permit that is submitted by a new owner or operator who has not operated a concentrated animal feeding facility in this state for at least two of the five years immediately preceding the submission of the application for transfer shall be accompanied by all of the information required to satisfy paragraph (A)(3)(d) of rule 901:10-1-02 of the Administrative Code.

(E) Denial of transfer of permits to install or permits to operate. The director may deny the application for transfer if the director finds from the application, the information submitted and pertinent information obtained by the director at the director's discretion that the transferee in the operation of animal feeding facilities have a history of substantial noncompliance with the "Federal Water Pollution Control Act," the "Safe Drinking Water Act," as defined in section 6109.01 of the Revised Code, any other applicable state laws pertaining to environmental protection or the environmental laws of another country that indicates that the transferee lacks sufficient reliability, expertise and competence to operate the concentrated animal feeding facility in substantial compliance with this chapter and rules adopted under it. In evaluating a history of substantial noncompliance the director shall consider the information required to be submitted pursuant to rule 901:10-1-03 of the Administrative Code. A denial by the director may be appealed by the owner or operator in accordance with Chapter 119. of the Revised Code.

(F) If the director does not notify the transferor or the transferee of an intention to deny the transfer within ninety days of receiving a completed transfer application, then the permit will be transferred. The director may also notify both the transferor and the transferee of the director's decision.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-01

(A) Notice by publication.

(1) Notices in general. All notices required or authorized by section 903.09 of the Revised Code shall be published once in a newspaper having general circulation in the county in which the facility is located or proposed to be located. Publication shall be done at least thirty days prior to a public meeting, provided that publication shall be done at least forty-five days prior to a public meeting for any draft permit to install or draft NPDES permit subject to an antidegradation review. Public notice is complete upon publication.

Public notice will be given for any draft general permit to be issued by the director. Since general permits are written to cover categories of discharges within a geographic or political area, the director may give one or more notices in newspapers of general circulation for those geographic or political areas identified in the general permit.

(2) Additional requirements for NPDES information. The department shall publish a public notice within thirty days regarding receipt of a NPDES permit application and permit to install for which an antidegradation review is applicable. The purpose of public notice for a draft permit to install and a draft NPDES permit for which an antidegradation review is applicable shall be: to inform other potentially affected persons; to allow for inspection and review of the applications; to indicate whether any of the exclusions or waivers within the antidegradation rules apply to the applications; to instruct interested persons to contact the director within thirty days if they want to be on the interested parties mailing list as described in rule 901:10-6-05 of the Administrative Code for that particular permit to install or NPDES permit application; and to advertise the date, time, and place of any public meeting required under division (C) of section 903.09 of the Revised Code.

(3) The department shall give public notice of the issuance of a review compliance certificate issued pursuant to division (F) of section 903.04 of the Revised Code only to persons who own property that is contiguous to the facility for which the review compliance certificate is issued.

(4) The director shall publish notice of the issuance of a final permit once in a newspaper of general circulation in the county in which the facility is located.

(5) The director shall give public notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit, or for any actions pursuant to section 903.17 of the Revised Code.

(B) Notice by mail.

(1) The director shall mail notice of the issuance of a draft permit and a copy of the draft permit to the applicant or owner or operator and to the board of county commissioners of the county, the board of township trustees of the township, the local board of health and the local soil and water conservation district in which the facility is located or proposed to be located. The director shall also notify owners or operators of public water systems as that term is defined in section 6109.01 of the Revised Code that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit.

(2) In addition, if an antidegradation review of a NPDES permit application indicates the potential to lower water quality, the director shall provide notice by mail to the Ohio department of natural resources, the United States fish and wildlife service, any affected local areawide planning agencies and the Ohio department of development.

(3) The director shall mail notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit to the applicant or owner or operator and a copy of the proposed action to the board of county commissioners of the county and the board of township trustees of the township in which the facility is located or proposed to be located. The director shall also provide notice of the proposed action to deny, suspend, or revoke a NPDES permit to any other persons that are entitled to notice under the Federal Water Pollution Control Act.

(4) Notices shall be mailed by certified mail, return receipt requested, to the person subject thereto. Notices shall state the time and method by which the applicant or permit holder may request public meeting. A statement as to when a final permit will be issued may accompany draft permits.

(a) If a draft permit or proposed action is issued with an effective date and the permit is later signed by the director without being changed further, the department need not, at the time of entry, provide notice or a copy of the permit to the person subject thereto.

(b) If a draft permit or proposed action is issued without an effective date, and the department later assigns an effective date without changing the action further, the department shall mail notice to the person subject thereto informing the person of the effective date.

(5) If the applicable law grants a right to appeal the final permit or order of the director to the environmental review appeals commission, mailings required by this paragraph shall be accompanied by a notice stating the time and method by which the appeal must be filed.

(C) Notice of a public meeting is not required for the modification of a permit made with the consent of the permittee for the correction of typographical errors.

(D) The director may also hold a public meeting at the director's discretion, whenever, for example, such a public meeting might clarify one or more issues involved in the permit decision.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: June 8, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-06

(A) The department shall maintain a mailing list of persons or groups interested in receiving copies of fact sheets as described in paragraph (B) of rule 901:10-6-05 of the Administrative Code, and public meeting notices issued or renewed in accordance with rules 901:10-6-01 and 901:10-6-02 of the Administrative Code. Persons interested in subscribing to the mailing list may notify the director in writing and the director may assess fees to reflect the costs of copying and mailing to subscribers. In the alternative, the department may develop electronic methods to distribute the information described in this paragraph. The director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The director may delete from the list the name of any person who fails to respond to such a request.

(B) The department shall develop a mailing list by:

(1) Including those persons who request in writing to be on the list;

(2) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(3) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental and agricultural bulletins or state law journals.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-11 Exclusions.

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.

Last updated May 6, 2024 at 9:40 AM

History

• Effective: May 7, 2017
• Promulgated Under: 119.03

Chapter 901:10-2 Permits; Management Plans

Ohio Adm.Code 901:10-2-01 Permit to install: purpose and applicability.

(A) Purpose and applicability of a permit to install.

(1) 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.

(2) Any person who plans to construct 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 not a concentrated animal feeding facility may be required by the director to comply with applicable rules 901:10-2-01 to 901:10-2-06 of the Administrative Code.

(a) If the director has made a determination that the animal feeding facility shall be required to apply for and receive a permit to operate in accordance with section 903.082 of the Revised Code; 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.

(B) Administrative procedures for a permit to install.

(1) In order to obtain a permit to install, the owner or operator shall submit:

(a) A properly completed application in accordance with paragraph (C) of this rule; and

(b) An appropriate fee as stated in rule 901:10-1-04 of the Administrative Code.

(2) The owner or operator may amend the application for a permit to install prior to the conduct of any public meeting that may be held for the draft permit to install and/or while the permit to install application is pending before the director.

(3) The owner or operator shall notify the department prior to beginning actual construction of any manure storage or treatment facility approved in the permit to install.

(4) Upon completion of construction of the manure storage or treatment facility, the owner or operator shall submit a notarized statement certifying that the facility was constructed in substantial compliance with the approved permit to install plans, certified as-built plans, and construction documentation submitted to the department. As-built plans and construction documentation shall be submitted at least fourteen days prior to any proposed stocking of housing barns or intended use of manure storage or treatment facilities. In addition, as-built plans shall be provided by a professional engineer, signed and stamped, if the design plans require a professional engineer as described in paragraph (A)(1) of rule 901:10-2-05 or paragraph (A) of rule 901:10-2-06 of the Administrative Code.

(a) A copy of the completed and approved as-built plans shall be submitted for the permanent record and to demonstrate compliance with the approved permit to install engineering plans and specifications.

(b) In addition to as-built plans, the following shall be submitted where applicable as part of the construction or permit to install:

(i) Any soils investigations, compaction testing, soil bearing confirmation or lab analyses as required by plans.

(ii) Pictures demonstrating construction specifications and details were followed.

(iii) Daily log of construction activity including dates, weather conditions, and work completed.

(iv) Documentation demonstrating concrete mix design and concrete construction and material specifications were in accordance to approved plans.

(v) Any other construction documentation that is required by the approved set of engineering plans or in the permit to install.

(c) After submitting a copy of the completed as-built plans and after the facility is inspected by the director, the director will issue authorization to stock animals or to use a new manure storage or treatment facility and to thereby commence operations in accordance with any permit to operate issued for the facility. Facilitieswill be inspected by the director in a timely manner.

(5) The owner or operator shall maintain a copy of the current permit to install issued by the department.

(6) A permit to install may be modified in accordance with rule 901:10-1-09 of the Administrative Code. The owner or operator shall not modify the concentrated animal feeding facility without obtaining a permit modification.

(C) Contents of an application for a permit to install.

Unless otherwise indicated, an application for a permit to install shall contain the information and criteria as required in rules 901:10-1-02 and 901:10-1-03 of the Administrative Code and shall attach and/or include all of the following information:

(1) The name, address, telephone number, and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or of all officers and directors if the owner is a corporation and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner.

(2) The name, address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, directors, or managers of the operator.

(3) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain.

(4) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of the water utilized and a statement identifying the source of the water.

(5) Copies of recorded water well logs on file with the Ohio department of natural resources division of water and their locations within a one thousand foot radius of the manure storage or treatment facility, as located on a map that includes the well locations.

(6) A scaled map adequate to show detail that includes, but is not limited to:

(a) Approximate overall dimensions of the manure storage or treatment facility;

(b) Property line boundaries of the concentrated animal feeding facility;

(c) Location and siting distances from the manure storage or treatment facility. For purposes of identifying and illustrating the siting criteria, the owner or operator of a concentrated animal feeding facility or a major concentrated animal feeding facility is to submit a document that demonstrates compliance with the siting criteria in rule 901:10-2-02 of the Administrative Code; and

(d) Identify the approximate location of all known subsurface drains within one hundred feet of the proposed manure storage or treatment facility.

(7) The report required by paragraph (C) of rule 901:10-2-03 of the Administrative Code, including the information on the soils, ground water sampling and analysis, hydrology, subsurface geology and topography of the land area used for the manure storage or treatment facility based on the subsurface geological exploration conducted in accordance with rule 901:10-2-03 of the Administrative Code. The report may also include site-specific information and conclusions derived from the site's subsurface geological exploration. If required as a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code, additional groundwater monitoring shall be included.

(8) Designs, plans and detailed engineering drawings for the proposed construction of the concentrated animal feeding facility that comply with rules 901:10-2-02 to 901:10-2-06 of the Administrative Code and include the proposed location of the construction site, and design and construction plans and specifications. Include with the detailed engineering drawings: cross sections, concrete or earthwork specifications, illustrations and profiles for construction of the manure storage or treatment facility in the plans.

(9) Plans for any manure transfer lines that includes the alignment, size, type and installation details of the pipe. Include detailed engineering drawings, material and construction specifications necessary to complete the proposed construction, and the proposed pressure testing that will be completed upon the completion of construction in the plans.

(10) The precipitation runoff and stormwater grading plans required by rule 901:10-2-04 of the Administrative Code.

(11) Manure characterized in accordance with rules 901:10-2-04 and 901:10-2-10 of the Administrative Code.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-06

(A) A manure storage pond or manure treatment lagoon subject to this rule shall be designed and the plans stamped by a professional engineer. The following design and construction criteria shall be followed:

(1) An exploratory trench shall be excavated a minimum of four feet below natural grade to investigate for subsurface drainage lines in the immediate area of the manure storage pond or manure treatment lagoon. Any lines found shall be removed or relocated to provide for a minimum separation distance of not less than fifty feet between the top inner perimeter of the manure storage pond or manure treatment lagoon and the subsurface drainage line unless the subsurface drainage line is necessary to comply with paragraph (A)(9)(a) of this rule.

(2) If not already installed at the facility, a liquid level board, staff gauge, depth marker, or other appropriate device, approved by the director, shall be installed within the interior of the liquid manure storage pond or manure treatment lagoon to monitor manure levels. This device shall indicate levels every one foot in vertical elevation and shall indicate levels as described in paragraph (D)(1) of rule 901:10-2-08 of the Administrative Code.

(3) Agitation and pump-out points shall be shown on plans for a manure storage pond and a manure treatment lagoon with scour protection required.

(4) An emergency spillway may be included at the one foot freeboard level and shall be directed to a specifically designed filter strip or infiltration areas if the facility is constructed with an earthen embankment.

(5) Embankments.

(a) The minimum embankment top width shall be eight feet for embankments less than fifteen feet, ten feet for embankments ranging in height from fifteen to less than twenty feet, and twelve feet for embankments ranging from twenty to twenty-five feet high, as measured from the low point on the downstream toe to the top of the dam.

(b) If the embankment is to be traversed by farm equipment, the minimum top width shall be twelve feet. The height of the embankment shall be no greater than twenty-five feet, as measured from the low point on the downstream toe to the top of the dam.

(c) Embankments shall have side slopes not steeper than two horizontal to one vertical.

(d) The combined side slopes of settled embankments shall not be less than five horizontal to one vertical.

(e) Vegetative cover shall be established on any exposed embankment and mowed or otherwise maintained to control erosion or other embankment deterioration. In the alternative, the director may approve other means or materials to control erosion.

(6) Inlets and outlets.

(a) Inlets shall be designed to resist corrosion, plugging and freezing.

(b) The embankment may contain no outlet piping that extends through the embankment unless the piping discharges to another facility or is a component of a re-circulating flush system.

(c) All pipes for manure transfer or manure flush systems shall have watertight joints in accordance with the following ASTM standards:

(i) ASTM D3212-standard specification for joints for drain and sewer plastic pipes using flexible elastometric seals; or

(ii) ASTM C443-standard specification for joints for concrete pipe and manholes, using rubber gaskets; or

(iii) Other standards recommended by the professional engineer and approved by the department.

(7) Storage period.

The minimum storage period of manure for a manure storage pond and manure treatment lagoon shall be one hundred eighty days of manure production unless alternative use and design is otherwise approved by the department. This section is not intended to address the surface water runoff where the runoff does not enter into the pond or lagoon.

(8) Freeboard.

Freeboard shall be provided for a manure storage pond and manure treatment lagoon in addition to the total storage volume such that the elevation of the emergency spillway or top of the settled embankment, if there is no designed emergency spillway, shall be less than the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional one foot of freeboard.

(9) Liners.

The owner or operator shall include the use of a liner as part of the manure storage pond or manure treatment lagoon that achieves a hydraulic conductivity of at least one times ten to the minus seven centimeters per second (1 X 10 -7 cm/sec) to insure the integrity of the manure storage pond or manure treatment lagoon. A minimum of three feet of in situ soils with a hydraulic conductivity of one times ten to the minus seven centimeters per second will satisfy this requirement. The following design and construction criteria shall be followed:

(a) Ground water seepage shall be prevented from entering the bottom of the manure storage pond or manure treatment lagoon after construction by installing and/or maintaining a liner with a minimum liner thickness of three feet of in situ soil between the top of the seasonal high ground water surface and the bottom of the manure storage pond or manure treatment lagoon. In order to meet this requirement the ground water surface may be lowered by use of subsurface drainage lines that are properly designed by the engineering geologist or professional engineer and approved by the director.

(b) Soil liners shall be designed and constructed using procedures in section 651.1080 of the "United States Department of Agriculture, Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Chapter Ten, Geotechnical Design and Construction, August 2009," and "United States Department of Agriculture, Ohio Natural Resources Conservation Service, Section IV, Field Office Technical Guide Conservation Practice Standard 521-D, Pond Sealing and Lining, Compacted Earth Treatment. January 2010." Both procedures are available for review at the Ohio department of agriculture website http://agri.ohio.gov/. A soil liner thickness shall be a minimum of three feet.

(c) Design and construction alternatives for ground water protection.

(i) As a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code and the findings of the report submitted in accordance with that rule, an engineering geologist, professional engineer or the director may determine that installation of an additional liner is required to insure the integrity of the manure storage pond or manure treatment lagoon and to protect groundwater.

(ii) If an additional or alternative liner protection is required as set forth in paragraph (A)(9)(c)(i) of this rule, then one or more of the following may be required by the director:

(a) Concrete liners that have a minimum thickness of five inches and shall include non-metallic water stops for all joints;

(b) Flexible plastic membranes that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturers recommendations.

(c) Geosynthetic clay liners that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturer's recommendations; or

(d) Other liner designs or materials will be considered at the discretion of the director if the minimum criteria of this paragraph of this rule are met.

(10) Design and construction criteria for a manure storage pond or manure treatment lagoon located in a karst area.

(a) Manure storage ponds or manure treatment lagoons may be constructed within a karst area provided that the facility is designed to prevent seepage of manure to groundwater.

(b) Any portion of a manure storage pond or manure treatment lagoon located below the pre-construction soil surface level and constructed in a karst area shall be designed and constructed utilizing a rigid material such as concrete or steel or a properly designed clay or synthetic liner, when appropriate, upon findings in the geologic exploration.

(11) Manure treatment lagoons shall be designed in accordance with the methods set forth in the appendix to this rule.

View Appendix

Last updated August 14, 2026 at 6:49 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-04

(A) Applicants for permits and certifications shall pay non-refundable fees to the department of agriculture for each such issuance as provided by this rule and rule 901:10-1-02 of the Administrative Code.

(B) As required in rule 901:10-1-06 of the Administrative Code, the livestock manager certificate will be assessed a fee of fifty dollars. Fees are assessed upon application for a certificate or renewal of certificate. A late charge of thirty dollars shall be assessed for a certificate expired more than ten days.

(C) The permit to install shall be submitted simultaneously with the permit to operate with applicable fees for each permit.

(D) An application for the permit to install will be assessed a fee of three thousand dollars.

(E) An application for the permit to operate, filed independently or with a permit to install, will be assessed a fee of one thousand five hundred dollars. The renewal fee for the permit to operate will be one thousand five hundred dollars.

(F) An application for a general permit to operate will be assessed a fee of one thousand five hundred dollars. The renewal fee for the general permit to operate is one thousand five hundred dollars.

(G) A request for a major operational change shall be assessed a fee of five hundred dollars.

(H) Permit transfers are subject to a fee of five hundred dollars.

(I) Modifications to permits are subject to a fee of one thousand five hundred dollars.

(J) The fees assessed under this rule shall be collected upon submission of the application for permit as required by rule 901:10-1-02 of the Administrative Code or certificates or renewals or upon application for permit transfer or permit modification.

(K) The director may review the fees prescribed in paragraphs (B) to (J) of this rule periodically. If necessary to revise fees, the director shall compile revised fee schedules and shall make the revised schedules available to persons required to pay the fees and to the public.

(L) If fees do not accompany the application as set forth in paragraphs (B) to (J) of this rule, the application will be deemed incomplete. The applicant will be contacted with notice as to what fees are applicable and the application will not be processed until the fees are paid.

Last updated January 2, 2025 at 8:16 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-05

(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.

View Appendix

Last updated August 14, 2026 at 3:18 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-09

(A) No permit to install or permit to operate shall be modified or revoked and reissued unless the proposed modifications are in compliance with this rule. When a permit is modified, only the conditions subject to modification are reopened. When a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term.

(1) If the director decides to modify or revoke and reissue a permit, the director shall prepare a draft permit incorporating the proposed modifications. The director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of a revoked and reissued permit, the director shall require the submission of a new application.

(2) During the review of a permit modification or during any revocation and reissuance proceeding, the owner or operator shall comply with all conditions of the existing permit until a new final permit is issued.

(3) 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 to install and permit to operate and may seek the consent of the owner or operator. The director may modify any 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.

(C) If the director seeks to modify the permit with the consent of the owner or operator and the owner or operator does not provide consent to the director's modification, the director shall issue a notice of the proposed modified permit with the opportunity for an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(D) If the director seeks to modify the permit without seeking the consent of the owner or operator, the director shall issue a notice of the proposed modified permit with the opportunity for an adjudication hearing in accordance with Chapter 119. of the Revised Code.

(E) The owner or operator may submit a written application for modification to the director for approval by the director if the following apply:

(1) The owner or operator is requesting material or substantial alterations or expansions or additions to the facility or other changes defined as a modification; or

(2) New information or data obtained by the owner or operator justify permit conditions in addition to or different from those in the existing permit.

(F) An application for permit modification shall contain the following information:

(1) The name , mailing address, and telephone number of the concentrated animal feeding facility;

(2) The name, mailing address, telephone number, and, if available, electronic mail address of the owner;

(3) The name, mailing address, telephone number, and, if available, electronic mail address of the operator;

(4) A description of the exact nature of the changes to be made;

(5) An explanation of why the modification is needed or requested; and

(6) Applicable technical information in support of the request for modification including but not limited to, data, records, reports, trend analyses, site plans, engineering plans and specifications, geological explorations and report that show the location and extent of work to be performed or the plan to be modified.

(7) If the director decides that the request for modification is not justified, the requestor and the owner or operator shall be notified in writing and provided the reasons for the director's determination.

(G) If the owner or operator plans a type of change that is not listed in the appendix to this rule, the owner or operator shall submit the information listed in paragraph (J) of this rule to the director. The director shall:

(1) Exercise discretion to determine if the type of change proposed by the owner or operator is a modification, an operational change, or a major operational change;

(2) Notify the owner or operator in writing of the director's determination that the submitted change is a modification, an operational change, a major operational change, the approval or denial of the submitted change and the reasons for such determination to approve or deny.

(3) The owner or operator shall not commence any change, including any construction activity, until the director has acted in accordance with the requirements in paragraph (G)(2) of this rule.

(H) Major operational changes. The owner or operator shall submit to the director any planned major operational change listed in the appendix to this rule in accordance with paragraph (J) of this rule.

The owner or operator shall not commence with any changes, including any construction activity, as proposed in the planned major operational change submitted to the department until:

(1) The department has approved the planned major operational change and has notified the owner or operator in writing of such approval.

(2) If the department determines the planned major operational change submitted by the owner or operator is not approved, the owner or operator shall be notified in writing and provided the reasons for the department's determination.

(I) Major operational change duration and expiration.

(1) A major operational change will expire after twenty-four months from the date of issuance unless the owner or operator has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(2) The director may extend the expiration of a major operational change upon request of the owner or operator.

(J) An owner or operator's application for a major operational change shall contain the following information:

(1) The name, mailing address, and telephone number of the facility;

(2) The name, mailing address, telephone number, and, if available, electronic mail address of the owner;

(3) The name, mailing address, telephone number, and, if available, electronic mail address of the operator;

(4) A description of the exact nature of the changes requested;

(5) An explanation of why the major operational change is requested; and

(6) Applicable technical information in support of the request for the change, including but not limited to: date, records, reports, trend analyses, site plans, engineering plans and specifications, geological explorations and report that show the location and extent of work to be performed or the plan to be modified.

(K) Operational changes. The owner or operator shall record operational changes in the operating record to be maintained at the facility.

(1) The director may review any operational change and any applicable information with the operational change; and

(2) The director may approve the operational change in writing, or may signify approval of an operational change by signing and dating in the operating record.

(L) Operational changes and/or major operational changes made by the owner or operator and approved by the director in accordance with the requirements of this rule shall be recorded in the operating record as required in rule 901:10-2-16 of the Administrative Code and in the permit to install or permit to operate as applicable.

View Appendix

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-02

(A) Requirements for an individual permit to install and an individual permit to operate:

(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 complete application for a permit to installor a permit to operate must include:

(a) All required information as set forth in Chapter 901:10-2 of the Administrative Codewhich shall accompany the application.

(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.

(3) An application for a permit to install and a permit to operate shall include information on ownership and background, including but not limited to, the following information:

(a) The name, mailing address and location of the facility for which the permit to install and permit to operate application is submitted;

(b) The name, address, telephone number and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or all officers and directors if the owner is a corporation, and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner;

(c) The name, mailing address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, director, or managers of the operator;

(d) 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 owner or operator 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 application and the permit to operate application are submitted simultaneously as provided in paragraph (A)(1) of this rule, then the following information is sufficient to satisfy the requirements of the permits:

(i) A list of all animal feeding facilities, including concentrated animal feeding facilities, that the owner or operator of the proposed new or modified concentrated animal feeding facility owns, has owned, has operated or is operating in the state of Ohio. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(ii) A list of all animal feeding facilities, including concentrated animal feeding facilities that the owner or operator owns, has owned, 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 animal feeding facilities and concentrated animal feeding facilities that the owner or operator owns, has owned, has operated, or is operating outside the United States. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(iii) The lists of animal feeding facilities and concentrated animal feeding facilities owned or operated by the owner or operator within or outside the state of Ohio or outside the United States shall include, respectively, all such facilities owned or operated by the owner or operator during the five year period immediately preceding the submission of the application;

(iv) A list of all administrative enforcement orders, that includes the order title, jurisdiction, and case number, issued to the owner or operator, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States;

(v) A list of all civil actions, that includes the action title, jurisdiction, and case number, 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 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States; and

(vi) A list of all criminal actions, that includes the action title, jurisdiction, and case number, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States.

(4) 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.

(5) 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.

(6) An application for a permit to install for 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.

(7) A certification statement signed by the facility owner that reads: "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."

(8) 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, along with an additional copy for each permit required.

(b) The director shall not begin processing a permit application until the applicant has fully complied with the application requirements for the permit in accordance with paragraph (A)(2) of this rule.

(c) Permit applications must comply with the signature and certification requirements of this rule.

(d) If an owner or operator 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 Chapter 903. of the Revised Code and rules promulgated thereunder.

(B) The owner or operator shall maintain a copy of the current permit to install and permit to operate issued by the department.

(C) Duration and renewal.

(1) Permit to install.

(a) A permit to install shall expire after twenty-four months from the date of issuance unless the owner or operator has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(b) The director may extend the expiration of a permit to install upon request of the owner or operator. An extension, if approved, will be valid for twelve months from the previous expiration date of the permit to install.

(c) Any further extensions are at the discretion of the director.

(2) Permit to operate.

(a) A permit to operate shall be valid for a period of five years.

(b) A permit to operate may be renewed. An application for renewal of a permit to operate shall be submitted to the director at least one hundred eighty days prior to the expiration date of the permit to operate and comply with the requirements governing application for permits to operate that are established by rules, including rules 901:10-2-07 to 901:10-2-20 of the Administrative Code.

(c) An owner or operator who timely submits an application for renewal of a permit to operate to the director in compliance with paragraph (C)(2)(b) of this rule, may continue operating under the terms and conditions of the expired permit until the director issues a final permit to operate in accordance with section 903.09 of the Revised Code.

(D) A permit to operate application or a permit to install application will be acted upon not later than ninety days after receipt of a complete application as provided by paragraph (A)(8) of this rule. The director may provide guidance and technical assistance to the owner or operator, provided that the owner or operator is responsible for compliance with the permit and the director shall not be precluded from pursuing enforcement against the owner or operator for violations of Chapter 903. of the Revised Code and the rules promulgated thereunder.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-03

(A) Criteria for decision making by the director. The director shall deny, modify, revoke and reissue, or terminate a permit to install or permit to operate if:

(1) The permit application contains misleading or false information; or

(2) The designs and plans fail to conform to best management practices and to the rules in this chapter or if the owner or operator fails to build the facility in accordance with design plans as approved in the permit to install or in accordance with amended and approved design plans; or

(3) The plans for the manure management plan, the insect and rodent control plan and any other plans governing the operation fail to conform to best management practices and to rules of this chapter; or

(4) The facility is not designed or constructed as a non-discharge system or operated to prevent the discharge of pollutants to waters of the state or to otherwise protect water quality; or

(5) The director determines that the applicant or owner or operator has not complied with rule 901:10-1-10 of the Administrative Code.

(B) The director may deny, modify, revoke and reissue, or terminate a permit to install or permit to operate if the owner, operator or persons associated in the ownership or operation of concentrated animal feeding facilities, have a history of substantial noncompliance with the Federal Water Pollution Control Act, the Safe Drinking Water Act, as defined in section 6109.01 of the Revised Code, any other applicable state laws pertaining to environmental protection or environmental laws of another country that indicates that the owner or operator lacks sufficient reliability, expertise, and competence to own or operate the facility in substantial compliance with Chapter 903. of the Revised Code and this chapter.

In evaluating a history of substantial noncompliance as required, the director may consider all of the following for a period of five years preceding the date of the application:

(1) Any information submitted on ownership and background pursuant to rule 901:10-1-02 of the Administrative Code, including the following:

(a) If the owner or operator is a publicly traded corporation, provide the full name and business address of each individual or business concern holding twenty-five per cent or more of the equity in the owner or operator; or

(b) If the owner or operator is a sole proprietor or any other business concern, provide the full name and business address of each individual or business concern holding more than fifty per cent of the equity in the owner or operator;

(c) If the owner or operator is a partnership, as partnership is defined in section 1775.05 of the Revised Code, provide the full name and business address of each individual or business concern holding more than fifty per cent of the equity in the owner or operator; and

(d) If the owner or operator is the recipient of a financial loan to the facility with provisions for the right to control management of the facility or actual control of the facility or the selection of officers, directors, or managers of the facility, identify the full name and business address of each individual or business concern providing the loan.

(2) Any administrative enforcement action (including an administrative order or notice of violation), civil suit, or criminal proceeding that is:

(a) Pending against the owner, operator, or a business concern owned or controlled by the owner or operator;

(b) Resolved or dismissed in a settlement agreement, in a consent order or decrees, is adjudicated or otherwise dismissed and that resulted in the imposition of:

(i) A sanction such as a fine, penalty, payment or work or service performed in lieu of a fine or penalty; or

(ii) Cessation or suspension of operations.

(c) Any revocation, suspension, or denial of a license or permit or equivalent authorization; or

(d) With respect to paragraph (B)(1)(a) of this rule, any explanation that the applicant or owner or operator may choose to submit.

Last updated January 18, 2026 at 2:22 PM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-02

(A) Manure storage or treatment facilities shall be designed and constructed in accordance with the criteria in paragraphs of (B) to (O) 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.

(B) Water wells, gas wells, and/or class five agricultural drainage wells together hereinafter are referred to as "well".

(1) A fabricated structure 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.

(C) Source water protection for public water systems.

(1) Public water wells.

(a) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within three hundred feet of a well serving a public water system that is owned or operated by the owner or operator of the facility and is a public water system located on the property of the owner or operator of the facility.

(b) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a non-community water system not listed in paragraph (C)(1)(a) of this rule. If no ground water source protection area has been delineated or endorsed, then the fabricated structure, manure storage pond, or manure treatment lagoon shall not be located closer than three hundred feet from the well.

(c) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a community water system not listed in paragraph (C)(1)(a) of this rule or one thousand feet from a public water well whichever is greater.

(d) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located between the one-year and five-year time-of-travel contours from a well identified as highly susceptible unless additional ground water monitoring, or additional engineered controls or both are added, installed, and implemented as approved by the director.

(2) Surface water intake.

(a) A fabricated structure shall be located no closer than one thousand five hundred feet from a surface water intake.

(b) A manure storage pond or manure treatment lagoon shall be installed no closer than one thousand five hundred feet from a surface water intake.

(D) Streams and wetlands.

(1) Fabricated structures.

(a) A fabricated structure on a concentrated animal feeding facility shall be located a minimum of one hundred twenty horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(b) A fabricated structure on a major concentrated animal feeding facility shall be located a minimum of three hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(2) A manure storage pond or manure treatment lagoon.

(a) A manure storage pond or manure treatment lagoon on a concentrated animal feeding facility shall be located a minimum of three hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(b) A manure storage pond or manure treatment lagoon on a major concentrated animal feeding facility shall be located a minimum of six hundred horizontal feet from a stream and a wetland, as identified on the "National Wetlands Inventory" maps prepared by the United States fish and wildlife services that are effective at the time of construction, unless additional design criteria are added, installed, and implemented as approved by the director.

(E) Cold water habitat and seasonal salmonid streams.

(1) A fabricated structure shall be located a minimum of three hundred horizontal feet from a cold water habitat or seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(2) A manure storage pond or manure treatment lagoon shall be located a minimum of six hundred horizontal feet from a cold water habitat and seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(F) Aquifer.

A fabricated structure, manure storage pond or manure treatment lagoon shall have fifteen vertical feet of low permeability material, between the lowest elevation of manure placement and the uppermost aquifer, unless additional design criteria or groundwater monitoring, or both, are added, installed, and implemented as approved by the director.

(1) If additional design criteria or groundwater monitoring are added, installed or implemented, the manure storage pond or manure treatment lagoon shall have a minimum of five vertical feet of low permeability material, between the lowest elevation of manure placement and the uppermost aquifer.

(2) As used in this chapter , low permeability material means low permeability among the soil types of geologic material presented in appendix D, Chapter 10, "Agricultural Waste Management System Component Design," of part 651, "Agricultural Waste Management Field Handbook," August 2009.

(G) Sole source aquifer.

A manure storage pond or manure treatment lagoon shall not be located above a sole source aquifer without design of ground water monitoring or engineered controls or both that are installed and implemented as approved by the director.

(H) Floodplains and floodways.

(1) The production area of a facility shall not be located in a one hundred year floodplain, as those boundaries are shown on the applicable maps prepared under the "National Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended, without design of additional monitoring or engineered controls or both that are installed and implemented as approved by the director and in accordance with the following.

(a) The manure storage pond or manure treatment lagoon embankments and any wall of a fabricated structure shall be designed and constructed to withstand the hydrostatic pressures from a one hundred year flood that may be exerted on the embankments or walls during a flood event;

(b) The elevation of the top of the manure storage or treatment facility shall be at the summation of the elevation of the one hundred year flood plus a minimum freeboard height of two feet;

(c) Any monitoring wells installed pursuant to this rule shall be physically protected from the floodwaters.

(2) A manure storage pond or manure treatment lagoon or fabricated structure shall not be located in established regulator floodways as designated by the federal emergency management agency.

(I) Karst areas.

A fabricated structure, manure storage pond or manure treatment lagoon shall not be located in a karst area without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(J) Bedrock.

A fabricated structure storing liquid manure, manure storage pond or manure treatment lagoon shall be located a minimum of three feet, between the lowest elevation of manure placement and bedrock where no aquifer is present.

(K) Mines.

A manure storage or treatment facility shall not be located in an area of potential subsidence, due to an underground mine known to be in existence prior to the date the application for a permit to install is submitted, without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(L) Property lines and public roads.

Property lines are defined as property lines not under common ownership of the owner or operator of a facility covered by this rule. Public roads include any state road or highway, county road, or township road as defined in section 5535.01 of the Revised Code.

A fabricated structure, manure storage pond or manure treatment lagoon shall be located no closer than one hundred horizontal feet from a property line or public road.

(M) Neighboring residences.

(1) A manure storage or treatment facility for solid manure at a concentrated animal feeding facility shall be no closer than five hundred horizontal feet from any neighboring residence.

(2) The manure storage or treatment facility for solid manure at a major concentrated animal feeding facility shall be no closer than one thousand horizontal feet from any neighboring residence.

(3) A manure storage or treatment facility for liquid manure at a concentrated animal feeding facility shall be no closer than one thousand horizontal feet from any neighboring residence.

(4) A manure storage or treatment facility for liquid manure at a major concentrated animal feeding facility shall be no closer than two thousand horizontal feet from any neighboring residence.

(5) When utilizing proven technology, the siting criteria may be reduced by the director. Proposed technologies are required to be fully described in detail plans and specifications, engineering drawings, and maps that will be reviewed by the director. Authorization to reduce any applicable siting criteria is within the director's discretion.

(N) The siting criteria requirements applicable to a manure storage or treatment facility shall not apply to the criteria set forth in paragraphs (L) and (M) of this rule if the applicant for a permit to install obtains a written agreement from all of the owners of neighboring residences or property owners located closer than the siting criteria, or the governing entities responsible for maintaining the public roads. The agreement shall state such owners or governing entities are aware of the proposed construction and have no objections to such construction. A copy of the written agreement shall be included with the permit to install application. The written agreement may be filed in the recorder's office of the county in which the neighboring residence is located.

(O) As used in this rule, additional design for engineered controls includes but is not limited to additional freeboard, secondary containment, additional treatment, increased liner thickness, synthetic liner materials, groundwater monitoring, or design and construction alternatives set forth in paragraph (A)(9)(c) of rule 901:10-2-06 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-03

(A) Fabricated structures - A subsurface geological exploration shall be completed for fabricated structures as described in this paragraph:

(1) For fabricated structures storing solid manure.

Evaluate the suitability of the soil to provide the appropriate load bearing strength for the proposed fabricated structure by use of a soil survey or by a geological exploration conducted in accordance with this rule. The director may require on-site subsurface geological explorations depending on the soil survey, depth of the structure to be installed below existing grade, height of the proposed walls and type of structural loading of the fabricated structure. The geological report shall meet the requirements in paragraph (C) of this rule.

(2) For fabricated structures storing liquid manure.

The subsurface geological exploration and report, described in paragraph (C) of this rule, shall be completed under the supervision of a professional geologist or a professional engineer and be in compliance with and describe the following:

(a) The subsurface geological exploration shall include a minimum of three test pits or borings. The test pits or borings must be at regular intervals and within a reasonable distance of the boundaries of the proposed fabricated structure. Additional test pits or borings may be required by the director, the professional engineer, or the professional geologist.

(b) The test pits or borings shall extend a minimum of five feet below the lowest elevation of manure placement within the fabricated structure. In addition, a representative number of test pits or borings shall extend deep enough to determine if the fabricated structure meets the siting criteria from the uppermost aquifer described in rule 901:10-2-02 of the Administrative Code. Upon completion, any boring or pit used for sampling shall be properly plugged and sealed.

(c) The classification of the soil material using the unified soil classification system shall be provided, as set forth in:

(i) "ASTM D2487" (2017); or

(ii) "ASTM D2488" (2017).

(d) The in-situ hydraulic conductivity of the soil material shall be determined, based on lab results, within five feet below the lowest elevation of manure placement within the fabricated structure.

(e) The subsurface geological exploration shall evaluate the suitability of the soil to provide the appropriate load bearing strength for the proposed fabricated structure as set forth in the appendix to rule 901:10-2-05 of the Administrative Code.

(f) The subsurface geological exploration shall determine soil strength values unless the lateral earth pressures set forth in the appendix to rule 901:10-2-05 of the Administrative Code are used to design the fabricated structure.

(g) The subsurface geological exploration shall evaluate whether the proposed fabricated structure is to be located within a karst area; and

(h) Ground water quality characteristics.

(i) Ground water shall be sampled from a well existing at the facility.

(ii) If no well exists as the facility, ground water may be sampled from a well that is nearby as approved by the department. If no nearby existing well is available for sampling prior to construction of a new facility, then the director may allow sampling prior to approval of stocking as described in paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code.

(iii) A well installed or otherwise approved for use to satisfy the requirements of this rule, may also be used to satisfy the annual ground water sampling and analysis required by rule 901:10-2-08 of the Administrative Code.

(i) In the event that the director determines that ground water monitoring will be required to satisfy the requirements of this rule or rule 901:10-2-02 of the Administrative Code, then a ground water monitoring program shall be designed, installed, and implemented as approved by the director in a permit to install and permit to operate.

(B) Manure storage ponds or manure treatment lagoons - A subsurface geological exploration shall be completed for manure storage ponds or manure treatment lagoons as described in this paragraph.

The subsurface geological exploration and report shall be completed under the supervision of a professional geologist or a professional engineer, and be in compliance with and describe the following:

(1) The subsurface geological exploration shall include a minimum of four test pits or borings. The test pits or borings must be at regular intervals and within a reasonable distance of the boundaries of the proposed manure storage pond or manure treatment lagoon. Additional test pits or borings may be required by the director, the professional engineer, or the professional geologist.

(2) The test pits or borings shall extend a minimum of five feet below the lowest elevation of manure placement within the manure storage pond or manure treatment lagoon. In addition, a representative number of test pits or borings shall extend deep enough to determine if the manure storage pond or manure treatment lagoon meets the siting criteria from the uppermost aquifer described in rule 901:10-2-02 of the Administrative Code. Upon completion, any boring or pit used for sampling shall be properly plugged and sealed. Any pit used for sampling that is within the construction boundaries of the concentrated animal feeding facility, the manure storage pond or the manure treatment lagoon shall be restored by the addition of cohesive soil compacted in lifts no greater than six inches;

(3) The classification of the soil material using the unified soil classification system shall be provided as set forth in:

(a) "ASTM D2487" (2017); or

(b) "ASTM D2488" (2017).

(4) The in-situ hydraulic conductivity of the soil material shall be determined, based on lab results, within five feet below the lowest elevation of manure placement within the manure storage pond or manure treatment lagoon;

(5) The subsurface geological exploration shall evaluate the suitability of the soil material to provide adequate sealing of the bottom of the manure storage pond or manure treatment lagoon and construction of the planned embankments as described in rule 901:10-2-06 of the Administrative Code;

(6) The subsurface geological exploration shall evaluate whether the proposed manure storage pond or manure treatment lagoon is to be located within a karst area;

(7) Ground water quality characteristics.

(a) Ground water shall be sampled from a well existing at the facility.

(b) If no well exists as the facility, ground water may be sampled from a well that is nearby as approved by the department. If no nearby existing well is available for sampling prior to construction of a new facility, then the director may allow sampling prior to approval of stocking as described in paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code.

(c) A well installed or otherwise approved for use to satisfy the requirements of this rule, may also be used to satisfy the annual ground water sampling and analysis required by rule 901:10-2-08 of the Administrative Code.

(8) In the event that the director determines that ground water monitoring will be required to satisfy the requirements of this rule or rule 901:10-2-02 of the Administrative Code, then a ground water monitoring program shall be designed, installed, and implemented as approved by the director in a permit to install and permit to operate.

(9) Based on the results of the subsurface geological exploration and determinations by the professional geologist, professional engineer, or the director, additional tests may be required to determine the potential need for a liner and the liner specifications;

(10) The department may require additional subsurface geological explorations depending on the soils and geological formations on site to ensure the protection of the ground water, surface water or the structural integrity of the manure storage pond or manure treatment lagoon. The subsurface geological exploration shall refer to the Ohio department of natural resources groundwater vulnerability map of Ohio to determine the pollution potential for each site, the pathways of contamination, if any, and whether additional design is needed to protect water and ground water.

(C) The results of subsurface geological explorations performed in accordance with paragraphs (A) and (B) of this rule shall be included in a report and submitted with the facility design plans.

(1) The report shall include but not be limited to an analysis or evaluation that demonstrates the information provided meets the requirements of rules 901:10-2-01 to 901:10-2-06 of the Administrative Code, and as follows for each applicable type of manure storage and treatment facility:

(a) For any planned manure storage or treatment facility, the analysis or evaluation shall provide the following information:

(i) A plan and profile view of the facility's wells and any exploration pits and borings shown in relation to the manure storage or treatment facility;

(ii) Available Ohio department of natural resources water well logs of wells located within a minimum of two thousand feet of the planned manure storage or treatment facility;

(iii) Subsurface materials identified using the unified soil classification system as set forth in:

(a) "ASTM D2487"(2017); or

(b) "ASTM D2488"(2017).

(iv) Identification of the uppermost aquifer at the site and the criteria used to make this determination.

(b) For any planned liquid manure fabricated structure, manure storage pond, or manure treatment lagoon, the analysis or evaluation shall also provide the following additional information:

(i) Evidence of seepage or ground water conditions and depths in pits or borings;

(ii) Determination of the suitability of in-situ soils to provide an acceptable liner system, or lining recommendations when the in-situ soils are not suitable, which shall include remold permeability tests of planned liner material;

(iii) The results of the laboratory analyses soil samples.

(c) For any planned manure storage pond or manure treatment lagoon, the analysis or evaluation shall also provide the following additional information:

(i) Recommendation from the laboratory analysis of the compactive effort or soil density; and

(ii) Soil moisture requirements needed during construction to achieve design hydraulic conductivity.

(2) Based on the results of the tests completed to satisfy this rule, the professional engineer, professional geologist, or director may require additional explorations that may include laboratory testing of soils and additional ground water monitoring wells.

(D) Laboratory testing and analysis:

(1) Soil samples taken during the subsurface geological exploration shall be tested in accordance with approved or certified soil testing procedures.

(2) Tests and results reported shall include, but not be limited to, in-situ hydraulic conductivity, dry unit weight, Atterberg limits, soil particle size analysis and compactive effort to achieve design remold hydraulic conductivity.

(E) Upon request by the owner or operator and subsequent written approval from the department, field changes may be made in order to meet site-specific conditions during construction. The owner or operator shall demonstrate that such changes will be at least as protective of the ground water, surface water, and the structural integrity of the manure storage or treatment facility as requirements of this chapter.

Last updated January 2, 2025 at 8:17 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-04

(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.

(D) Calculating storage volume for manure storage or treatment facilities.

(1) The total storage volume of a manure storage or treatment facility shall not be less than the volume calculated as the summation of the following, unless the owner or operator or the director determines that additional storage capacity is required to meet permit conditions.

(a) Manure generated during the storage period required by rule 901:10-2-05 or rule 901:10-2-06 of the Administrative Code;

(b) Average precipitation less evaporation on the surface area of the manure storage or treatment facility during the storage period. Precipitation amount shall be obtained from the national oceanic and atmospheric administration's U.S. climate normals for the 1991 to 2020 climatological period at

(https://www.ncei.noaa.gov/access/us-climate-normals/#dataset=normals-annualseasonal&timeframe=30);

(c) Normal runoff that drains from the concentrated animal feeding facility's drainage area into the manure storage or treatment facility during the storage period. Calculations of runoff from hard surfaces (i.e., concrete, asphalt, roof, etc.) shall not utilize a minimum factor of less than fifty per cent of the average precipitation;

(d) A twenty-five year, twenty-four hour precipitation event based on the surface of the manure storage or treatment facility. Precipitation amount for a twenty-five year, twenty-four hour event shall be obtained from the national oceanic and atmospheric administration's atlas fourteen point precipitation frequency estimates (https://hdsc.nws.noaa.gov/pfds/pfds_map_cont.html);

(e) The runoff from a twenty-five year, twenty-four hour precipitation event that drains from the concentrated animal feeding facility's drainage area into the manure storage or treatment facility. Precipitation amount for a twenty-five year, twenty-four hour event shall be obtained from the national oceanic and atmospheric administration's atlas fourteen point precipitation frequency estimates (https://hdsc.nws.noaa.gov/pfds/pfds_map_cont.html); and

(f) Residual manure after liquids have been removed;

(g) Any clean water added to the manure storage or treatment system; and

(h) Any outside feedstocks, substrates, manure, or other wastes received.

(2) In addition to the requirements in paragraph (D)(1) of this rule, the total storage volume of a manure treatment lagoon shall not be less than the volume calculated using one of the following methods set forth in the appendix to this rule.

(E) Stormwater pollution prevention plans. Each owner or operator of a concentrated animal feeding facility shall prevent pollution of stormwater resulting from an animal feeding facility.

(1) Each owner or operator of a concentrated animal feeding facility shall submit plans to satisfy this rule and do the following:

(a) Maintain separation of uncontaminated stormwater runoff from contaminated water with designs and installations that include, but are not limited to, settling basins, ponds, berms, diversions, and gutter systems.

(b) Grade the area around the livestock buildings and the manure storage or treatment facility to provide positive drainage of all clean stormwater away from the manure storage or treatment facility.

(c) Divert stormwater runoff and roof water away from the manure storage or treatment facility or other structures in the production area.

(d) Use spill prevention and best management practices to ensure that stormwater discharges from the following areas comply with Ohio water quality standards: immediate access roads and rail lines used or traveled by carriers; or raw materials, products, waste materials, or by-products used or created; refuse sites; sites used for storage and maintenance of material handling equipment; sites used for handling material other than manure and shipping and receiving areas.

(e) Install systems that are designed to capture and treat contaminated runoff and prohibit discharge of contaminated stormwater. The owner or operator may use the following standards to develop such systems:

(i) The "Ohio Natural Resource Conservation Service, Conservation Practice Standards Section IV, Field Office Technical Guide" (efotg.sc.egov.usda.gov/#/state/OH/documents) which includes the following standards :

(a) "Pond, No 378," February 2024;

(b) "Constructed Wetland Conservation Practice Standard, No. 656," February 2024, but provided there shall be no discharge;

(c) "Heavy Use Area Protection Practice, No. 561," February 2024;

(d) "Composting Facility, No. 317," February 2024;

(e) "Critical Area Planting, No. 342," October 2017;

(f) "Dike or Levee, No. 356," February 2024;

(g) "Diversion, No. 362," February 2024;

(h) "Grade Stabilization Structure, No. 410," July 2023;

(i) "Roof Runoff Structure, No. 558," February 2024;

(j) "Sediment Basin, No. 350," November 2017.

(ii) The "Ohio Livestock Manure And Wastewater Management Guide, Bulletin 604, The Ohio State University Extension, January 2006."

(f) Construct coverings over any structures in the production area where manure may be exposed to direct precipitation; or

(g) Install vegetative cover and protect stream channels and areas adjacent to such channels from a concentrated animal feeding facility.

(2) The owner or operator may submit plans that implement alternative practices to the director for approval provided that any alternative practices must be demonstrated to be equivalent to the practices listed in paragraph (E)(1) of this rule unless the owner or operator or the director determine that additional total storage capacity is required to meet permit conditions. All of the practices listed are subject to the design standards for precipitation events in paragraphs (C) and (D) of this rule.

(F) Manure transfer piping.

(1) Pipes shall be designed to resist corrosion, plugging, and freezing.

(2) The embankment of a manure storage pond or treatment lagoon may not contain pipes that extend through the embankment unless the pipes are properly designed and constructed with anti-seep devices.

(3) All piping components for forced manure transfer or flushing systems shall be watertight as designated by an appropriate ASTM International standard ("ASTM"), American Water Works Association standard ("AWWA"), American National Standards Institute standard ("ANSI"), or any other nationally recognized standard that is in effect at the time of construction. Piping systems shall be installed and pressure or leak tested in accordance with AWWA C600, C605, or any other nationally recognized standard that is in effect at the time of construction.

View Appendix

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-10

(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 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;

(b) Tons per year;

(c) Cubic yards per day; or

(d) Gallons per day.

(2) Nutrient content quantified:

(a) Pounds per day;

(b) Pounds per ton;

(c) Pounds per one thousand gallons;

(d) Milligrams per liter; or

(e) Milligrams per kilogram.

(B) The manure management plan shall contain an estimate, supported by calculations of the quantity and total nutrient content of manure produced, stored and treated during a twelve month period along with a schedule for manure removal or manure transfer for purposes of land application. Manure may be removed based on results of inspections conducted pursuant to paragraph (D) of rule 901:10-2-08 of the Administrative Code or in accordance with distribution and utilization methods.

(C) At a minimum, manure from each manure storage or treatment facility shall be analyzed annually for the following: total nitrogen; ammonium nitrogen; organic nitrogen; phosphorus; potassium; and per cent total solids.

(D) In addition to the minimum requirements for annual manure analysis in paragraphs (A) to (C) of this rule, any manure with wastes that are process waste water, shall be characterized annually by the owner or operator by utilizing an actual sample from the facility, provided, however that for a permit to install application as required by paragraph (C) of rule 901:10-2-01 of the Administrative Code or for an operational change to be made to the manure management plan in accordance with rule 901:10-1-09 of the Administrative Code, the owner or operator may utilize a sample from a similar facility or by relying upon on existing published or documented data.

(E) Results of manure analyses conducted in paragraph (C) of this rule and estimates conducted in paragraphs (A) to (D) of this rule shall be recorded in the operating record and submitted as part of the annual report to the director required by rule 901:10-2-20 of the Administrative Code.

(F) After conducting manure analysis required in paragraph (C) of this rule, the owner or operator may request approval from the director for an operational change to reduce the number of samples needed to be representative of each manure storage and treatment facility and to utilize composite sampling and analysis. The director may approve a request provided all of the following apply:

(1) The owner or operator submits a written request to the director along with copies of manure analyses from manure storage or treatment facilities from the same permitted facility;

(2) Manure analyses for three consecutive years demonstrate that analytical results are the same or similar for a twelve month period for each manure storage or treatment facility at the permitted facility; and

(3) The owner or operator acknowledges that the director may notify the owner or operator in writing that the owner or operator shall comply with paragraph (C) if at any time the director finds that composite sampling is no longer representative for reasons that include, but are not limited to:

(a) Changes in feed and feed rations;

(b) Age, size, or type of animals;

(c) Changes in clean out times;

(d) Changes in building design, such as changes in ventilation;

(e) Changes due to diseases and actions taken to eliminate disease.

(G) The manure management plan shall contain information on manure to allow the owner or operator or the person accepting manure under rule 901:10-2-11 of the Administrative Code to plan for nutrient utilization at recommended agronomic rates and to minimize nutrient runoff that may impact waters of the state.

View Appendix

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-08

(A) The manure management plan shall specify the frequency of inspections to be conducted by the owner or operator at the manure storage or treatment facility; and

(B) The owner or operator shall maintain a list of equipment used, including land application equipment and a written chronological record of the dates of inspections, maintenance, calibration monitoring and repairs that shall be maintained in the operating record required by rule 901:10-2-16 of the Administrative Code and be made readily available during an inspection of the facility. These records shall also be made available at the request of the director. All repairs shall be completed promptly. The department shall inspect any major structural repairs; and

(C) The owner or operator must periodically inspect equipment used for land application of manure, litter, or process wastewater for leaks, including manure transfer or transportation equipment.

(D) At a minimum, the following must be inspected, performed, monitored or maintained at the manure storage or treatment facility and documented in the operating record:

(1) The operating level of manure treatment lagoons and manure storage ponds. The operating level must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional one foot of freeboard.

(2) The operating level of fabricated structures must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional six inches of freeboard, unless the fabricated structure is designed and maintained for solid manure and is not subject to precipitation.

(3) For paragraphs (D)(1) and (D)(2) of this rule, the maximum operating level shall not exceed that specified in the manure management plan.

(4) Inspect in order to confirm that domestic and industrial wastewater from showers, toilets, sinks, medical wastes, chemicals and other contaminants etc., handled on-site are not discharged into the manure storage or treatment facility unless designed and permitted to do so.

(5) Manure storage or treatment facilities under the control of the owner or operator shall be inspected for evidence of erosion, leakage, animal damage, cracking, excessive vegetation, or discharge.

(6) Inspect liquid manure volume weekly and note in the operating record the level of liquid manure in manure storage or treatment facilities by the depth marker required in paragraph (D)(15) of this rule.

(7) Document in the operating record procedures to ensure proper operation and maintenance of liquid manure in storage or treatment facilities, when manure and manure residuals are removed from the manure storage pond or manure treatment lagoon. The owner or operator shall take care to prevent damage to lagoon or pond dikes and liners when manure residuals are removed.

(8) Inspect to determine that all stormwater conveyances are maintained to keep stormwater runoff from the surrounding property and buildings diverted away from the manure treatment lagoons and manure storage ponds to prevent any unnecessary addition to the liquid volume in these structures, unless they are designed for such runoff containment. Identify appropriate buffer strips or equivalent practices, to control runoff of manure to waters of the state, and divert clean water, as appropriate, out of the production area.

(9) Conduct inspections of stormwater or diversion devices weekly and following significant rain events, runoff diversion structures, or other devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon and note proper operation and maintenance in the operating record.

(10) Inspect the protective vegetative cover and any other approved means or materials for erosion control to determine that cover is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.).

(11) Ensure that any emerging vegetation such as trees, shrubs and other woody species shall not be allowed to grow on the pond or lagoon dikes or side slopes. Pond or lagoon areas are to be kept mowed or otherwise maintained and accessible unless these areas are grassed waterways or buffers that manage precipitation and runoff.

(12) Surface water and groundwater protection.

(a) Conduct annual sampling and analysis of ground water for nitrates and total coliform from an existing well as described by paragraph (A)(2)(h) or (B)(7) of rule 901:10-2-03 of the Administrative Code. In the event that a well does not already exist at the facility and the operation is not an operation as described in paragraph (A)(1) of rule 901:10-2-03 of the Administrative Code or is not served by a public water system as defined by paragraph (XXX) of rule 901:10-1-01 of the Administrative Code, then the owner or operator shall install a well at the facility that is properly located, protected and operated. The well shall be easily accessible for sampling and have an adequate water quantity for sampling.

(b) The director may require additional sampling, including but not limited to, ground water samples from any additional ground water monitoring wells installed as required in paragraph (C)(2) of rule 901:10-2-03 of the Administrative Code.

(c) The director may require samples of manure discharges from the production area that may occur.

(d) The director may require monitoring or sampling, or both, of subsurface perimeter drains around manure storage or treatment facilities; and

(e) Results of sampling and analysis shall be documented in the operating record and, for manure discharges from the production area, results shall also be recorded in the annual report submitted to the director in accordance with rule 901:10-2-20 of the Administrative Code.

(13) Ensure proper management of dead livestock as required by rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge to surface waters of the state and no disposal in a manure storage or treatment facility that is not specifically designed to treat animal mortalities.

(14) Inspect drinking water lines daily, including drinking water or cooling water lines that are located above ground, readily visible or accessible for daily inspections, and record observations in the operating record weekly.

(15) The following manure storage or treatment facilities must have a depth marker or other appropriate device as approved by the director in accordance with rule 901:10-2-05 or 901:10-2-06 of the Administrative Code which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the twenty-five year, twenty four hour rainfall event:

(a) Any manure storage or treatment facility containing liquid manure.

(b) Any manure storage or treatment facility that is not covered.

(16) Inspect infrastructure and implementation of best management practices that ensure confined animals will not have direct contact with waters of the state.

(E) The director may determine that the monitoring required in paragraphs (D)(6), (D)(14), and (D)(15) of this rule may use alternative monitoring devices. Alternative monitoring devices include, but are not limited to, sensors, remote sensors, electronic alarms, wireless receivers, other real time warning systems, or other flow control structures, or other steady state overflow structures.

(1) The owner or operator shall identify the alternative monitoring devices in the manure management plan submitted to the director. In approving the manure management plan, the director may approve the alternative monitoring devices.

(2) The director may notify the owner or operator in writing to cease use of alternative monitoring devices if at any time that the director or the director's representative find that the operating record and documents maintained as required by this rule contain false or misleading information.

(F) Any deficiencies found as a result of the inspections conducted under this rule are to be corrected as soon as possible and listed in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

Last updated January 5, 2026 at 10:25 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-02

(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 operation 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 operation 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 will 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" will 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.

Last updated January 2, 2025 at 8:20 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-06

(A) 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.

(B) 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 (B)(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.

(b) Voluntary alternative performance standards. Any CAFO subject to this subpart may request the director to establish "NPDES" permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants discharged from the production area equal to or less than the quantity of pollutants that would be discharged under the baseline performance standards as provided by paragraph (B)(1) of this rule.

(i) Supporting information. In requesting site-specific effluent limitations to be included in the NPDES permit, the CAFO permittee must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site-specific analysis of a system designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater, including the runoff from a twenty-five-year, twenty-four-hour rainfall event. The technical analysis of the discharge of pollutants must include:

(a) All daily inputs to the storage system, including manure, litter, all process waste waters, direct precipitation, and runoff.

(b) All daily outputs from the storage system, including losses due to evaporation, sludge removal, and the removal of waste water for use on cropland at the CAFO or transport off site.

(c) A calculation determining the predicted median annual overflow volume based on a twenty-five-year period of actual rainfall data applicable to the site.

(d) Site-specific pollutant data, including N, P, BOD5, TSS, for the CAFO from representative sampling and analysis of all sources of input to the storage system, or other appropriate pollutant data.

(e) Predicted annual average discharge of pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and calculated considering paragraphs (B)(1)(b)(i)(a) to (B)(1)(b)(i)(d) of this rule.

(ii) The director has the discretion to request additional information to supplement the supporting technical analysis, including inspection of the "CAFO."

(c) The "CAFO" shall attain the limitations and requirements of this paragraph as of the date of permit coverage.

(2) For the land application areas.

(a) The operation shall attain the same limitations and requirements listed for the manure management plan in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code and record keeping requirements in rule 901:10-2-16 of the Administrative Code.

(b) The operation shall attain the limitations and requirements of this paragraph by December 31, 2006.

(C) Effluent limitations attainable by the application of the best conventional pollutant control technology ("BCT").

(1) 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 "BCT":

(a) For operation production areas: the operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(b) For the land application areas: the operation shall attain the same limitations and requirements in paragraph (B)(2) of this rule.

(D) Effluent limitations attainable by the application of the best available technology economically achievable ("BAT").

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 "BAT":

(1) For production areas: the concentrated animal feeding operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(2) For land application areas: the concentrated animal feeding operation shall attain the same limitations and requirements listed in paragraph (B)(2) of this rule.

(E) New source performance standards ("NSPS").

Any new source subject to this rule must achieve the following effluent limitations representing the application of "NSPS."

(1) For production areas: there must be no discharge of manure into waters of the state from the production area, subject to paragraphs (E)(1)(a) to (E)(1)(c) of this rule.

(a) A new source subject to this rule may request that the director establish "NPDES" permit best management practice effluent limitations designed to ensure no discharge of manure, litter, or process wastewater based upon a site-specific evaluation of the concentrated animal feeding operation's open surface manure storage or treatment facilities. The "NPDES" permit best management practice effluent limitations must address the "CAFO's" entire production area. In the case of any "CAFO" using an open surface manure storage or treatment facility for which the director establishes such effluent limitations, no discharge of manure as used in this section, means that the manure storage or treatment facility is designed, operated, and maintained in accordance with best management practices established by the director on a site-specific basis after a technical evaluation of the manure storage or treatment facility. The technical evaluation must address the elements established in 40 CFR 412.46(a)(1) (November 20, 2008). Manure storage or treatment facilities designed, constructed, operated, and maintained consistent with the analysis conducted in 40 CFR 412.46(a)(1)(i) to (a)(1)(vii) (November 20, 2008) and operated in accordance with the manure management plan and records required by rules 901:10-2-08 and 901:10-2-16 of the Administrative Code will fulfill the requirements of this rule. The director has the discretion to request additional information to support a request for effluent limitations based on a site-specific open surface manure storage structure.

(b) The production area shall be 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.

(c) Provisions for upset/bypass, as provided in paragraphs (T) and (U) of rule 901:10-3-10 of the Administrative Code, apply to a new source subject to paragraph (D) of this rule.

(2) For land application areas: the operation shall comply with the requirements listed for the manure management plan required by paragraph (B)(1) of rule 901:10-2-07 of the Administrative Code and the recordkeeping requirements of rule 901:10-2-16 of the Administrative Code.

(3) The operation shall attain the limitations and requirements of paragraph (E) of this rule as of the date of permit coverage.

(4) Any source subject to this rule that commenced discharging after April 14, 1993 and prior to April 14, 2003 which was a new source subject to the standards specified in 40 CFR 412.15, (July 1, 2002), must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000). Thereafter, the source must achieve the standards specified in paragraphs (A)(1) and (A)(2) of this rule.

(5) Any source subject to this rule that commenced discharging after April 14, 2003 and prior to January 20, 2009 which was a new source subject to the standards specified in 40 CFR 412.46(a) to (d) in the July 1, 2008 edition of 40 CFR part 439, must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000).

Last updated June 26, 2025 at 3:22 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-07 Contents of a permit to operate and NPDES applications.

(A) The application for a permit to operate 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;

(2) Plans or schedules for inspections required in rule 901:10-2-08 of the Administrative Code;

(3) An insect and rodent control plan that conforms to best management practices and is in accordance with rule 901:10-2-19 of the Administrative Code;

(4) A plan for odor minimization in accordance with rule 901:10-2-12 of the Administrative Code; and

(5) An emergency response plan in accordance with rule 901:10-2-17 of the Administrative Code.

(B) A biosecurity plan may be submitted with a permit to operate application.

(C) The owner or operator shall maintain a copy of the current permit to operate issued by the department at the concentrated animal feeding facility.

(D) Additional requirements for a permit to operate application may also include best management practices specified by the director for an animal feeding operation required to receive a permit to operate in accordance with section 903.082 of the Revised Code.

Last updated June 26, 2025 at 2:56 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-11

(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.

(B) All of the information in paragraphs (A)(1) to (A)(3) of this rule shall be recorded in the operating record as described in rule 901:10-2-16 of the Administrative Code.

(C) An estimated amount of total manure transferred to other persons by the owner or operator in the previous twelve months (tons/gallons) shall be reported in the annual report required by rule 901:10-2-20 of the Administrative Code, as well as the operating record.

(D) If the owner or operator is notified by the director, or otherwise becomes aware that the recipient is not in compliance with rule 901:10-1-06 of the Administrative Code or best management practices set forth in Chapter 1501:15-5 of the Administrative Code or with other applicable laws and rules, the owner or operator shall cease providing manure to the recipient until written authorization to continue is provided by the department.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-19

(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 isstockpiled or land applied. Subject to the requirements set forth in rules 901:10-2-07 and 901:10-2-08 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.

(B) Contents of an insect and rodent control plan.

(1) An insect and rodent control plan shall be prepared by the owner or operator and be submitted to the director for approval. Upon approval by the director, the insect and rodent control planwill be incorporated into the permit to operate.

(2) An insect and rodent control plan shall:

(a) Be specific to the agricultural animal species of the concentrated animal feeding facility.

(b) Include a narrative description of a balanced integrated pest management to minimize the presence and negative effects of insects and rodents;

(c) Set forth with specificity the standard operating procedures for actions to minimize the activity and reduce the presence of insects and rodents at the facility; and

(d) Set forth methods of monitoring and procedures for record keeping in the operating record to document inspection results and actions performed.

(3) Standard operating procedures set forth in paragraphs (B)(3)(a) to (B)(3)(d) and paragraph (C) of this rule set forth some but not all of the necessary integrated pest management actions to minimize the activity and reduce the presence of insects and rodents at the facility.

(a) Management controls. The following management controls require regular inspections to be conducted by the owner or operator in intervals as described in the insect and rodent control plans. Monitoring records and inspection records shall be maintained in the operating record as required by rule 901:10-2-16 of the Administrative Code. Management controls consist of the following:

(i) The owner or operator shall specify inspection intervals in the insect and rodent control plan and conduct and document inspections as specified in the plan.

(ii) The owner or operator shall inspect for the presence or absence of watering and feeding system leaks. If any leaks are detected, appropriate repairs shall be undertaken promptly.

(iii) The owner or operator shall inspect and record observations made regarding the presence and level of pest activity. Appropriate control actions shall be undertaken promptly when activity of insects and rodents is observed that requires actions as described in the plan required by paragraph (B)(2) of this rule.

(iv) The owner or operator shall manage moisture levels in manure to minimize the activity and reduce the presence of insects and rodents at the facility. Methods to control moisture may include but are not limited to: building design; adequate ventilation; mechanical aeration; leak detection and repair; proper site grading and drainage and maintenance of watering and feeding systems.

(v) Except for manure storage ponds and manure treatment lagoons, manure storage or treatment facilities shall be covered unless the runoff and drainage is collected and stored, or directed to a specifically designed infiltration area or other adequate treatment system. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents at the facility.

(vi) Except for manure storage ponds and manure treatment lagoons, the owner or operator shall inspect manure storage or treatment facilities for pest activity prior to the removal of manure. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents.

(vii) The owner or operator shall inspect land application areas for insect and rodent activity during and after the land application of manure.

(viii) The owner or operator shall monitor manure stockpiles for insect and rodent activity on a seasonally appropriate basis.

(b) The following management actions are required but do not require record keeping, unless specified otherwise in the permit to operate, and consist of the following:

(i) Maintain sanitation procedures designed to minimize the activity and reduce the presence of insects and rodents including: maintenance of vegetation around the buildings; cleaning of the facility; removal of dead or trapped animals at a frequency that prevents their accumulation and utilization of covered receptacles for food, feed, dead animals or refuse that are durable, cleanable, inaccessible to insects or rodents, leak proof and nonabsorbent;

(ii) Buildings shall be maintained and managed in such a manner as to minimize the activity and reduce the presence of insects and rodents. The director may consider the function, purpose and age of the buildings;

(iii) The owner or operator shall maintain or have prompt access to appropriate insect and rodent control equipment;

(iv) The owner or operator shall maintain or have prompt access to suitable cleaning implements and supplies as necessary for effective cleaning of the facility; and

(v) The owner or operator shall maintain or have prompt access to insect and rodent monitoring methods and devices.

(c) Biological controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management. Biological controls shall include standard operating procedures designed to encourage the development and preservation of beneficial organisms.

Beneficial organisms may be appropriate when contained within the facility but may not be appropriate when removed from the facility. Prior to manure removal, the owner or operator is advised to evaluate the potential effects of beneficial organisms outside of the facility, e.g., at any site used for land application of manure.

(d) Chemical controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management.

Utilization of chemical controls may require, but not be limited to, asking the owner or operator to become a certified pest control applicator and keep accurate records on methods or products used and on dosage rates under Chapter 921. of the Revised Code.

(e) Utilization of chemical controls may include, but not be limited to the following:

(i) Insecticides, larvicides, rodenticides, space sprays, fly baits, vapor strips;

(ii) Chemical application equipment; and

(iii) Inside and outside control measures.

(C) Storing, stockpiling and land applying manure.

(1) The insect and rodent control plan shall be consistent with the manure management plan in order to minimize the activity and reduce the presence of insects and rodents at the facility and include the manure storage or treatment facilities and the land application areas.

(2) The storing, stockpiling and land application of manure shall be completed in accordance with standard operating procedures set forth in this paragraph and in the owner or operator's insect and rodent control plan in order to minimize the activity and reduce the presence of insects and rodents. These standard operating procedures may include but are not limited to:

(a) Treatment of pests at the land application area;

(b) Setback distances during land application that are consistent with the manure management plan for the facility and with rule 901:10-2-14 of the Administrative Code;

(c) Extended stockpiling times after removal from the facility for thermal treatment and prior to land application;

(d) Covering of the manure storage or treatment facility or covering the stockpile for thermal treatment;

(e) Implementing appropriate control measures for manure staged or stockpiled more than one week; and

(f) Chemical treatment of the manure at the facility prior to the removal of manure from the manure storage or treatment facility, monitoring and observing land application areas spread with that manure for pest activity during application, and a final inspection of those land application areas when applications are complete;

(g) If the presence of insect and rodent activity is not minimized and/or reduced prior to the removal of manure from the manure storage or treatment facility, the owner or operator shall visually monitor and observe land application areas spread with that manure for pest activity during application and conduct a final inspection of those land application areas when applications are complete.

(D) Emergency procedures. Each facility shall develop and maintain emergency procedures of action in order to minimize the activity and reduce the presence of insects and rodents at the facility.

(E) Compliance. Compliance with an insect and rodent control plan shall be determined as follows:

(1) Before proceeding with the procedures set forth in rule 901:10-5-03 of the Administrative Code, the director shall review the operating record, together with the insect and rodent control plan, examine any records of management actions taken, records of implementation of standard operating procedures and other appropriate control actions, and any monitoring data collected in the operating record.

(2) The director shall determine if insect and rodent activity has been minimized and the presence of the insects and rodents reduced by evaluating the records and assessing trends and making visual observations at the facility as evidenced by implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making this determination for an appropriate period of time, consideration will be given, but not limited to the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects and weather conditions.

(3) Upon completion of the evaluation described in paragraphs (E)(1) and (E)(2) of this rule, the director may do the following:

(a) If the owner or operator is in compliance with the plan, the director may seek voluntary action by the owner or operator to modify the insect and rodent control plan including but not limited to further minimizing and reducing the activity and presence of insects and/or rodents at the facility; or

(b) If the owner or operator will not consent to modifying the plan, or if the owner or operator is not in compliance with the plan, then the director may propose to modify the insect and rodent control plan or the owner or operator may submit an application to modify the plan, in accordance with the procedures in rule 901:10-1-09 of the Administrative Code.

(4) The director is not required to comply with paragraphs (E)(1) to (E)(3) of this rule if the director determines:

(a) An emergency exists as described in rule 901:10-5-05 of the Administrative Code; or

(b) In consultation with federal, state or local health agencies, the director determines that there exists a high risk of zoonotic disease.

(F) Criteria for approving, disapproving or modifying an insect and rodent control plan including any major operational change to an insect and rodent control plan.

(1) The director shall consider the following criteria in determining an action on an insect and rodent control plan:

(a) Compliance with paragraphs (B) to (D) of this rule.

(b) Completeness and appropriateness of the methods for disposal of rodents on a daily or weekly basis or if there is an emergency. The director will require compliance with rule 901:10-2-15 of the Administrative Code.

(c) In order to comply with rule 901:10-1-09 of the Administrative Code for any proposed major operational change of the insect and rodent control plan, the owner or operator shall:

(i) Demonstrate that insect and rodent activity has been minimized; or

(ii) Demonstrate that the proposed major operational change will improve the management of pests; and

(iii) Authorize the director to evaluate the operating records and assess trends and make visual observations at the facility of implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making a determination under this paragraph and rule 901:10-1-09 of the Administrative Code, the director may consider the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects, weather conditions, and applicable scientific and technical references for monitoring and control of insect and rodent populations.

(2) The director must act upon, approve or deny an insect and rodent control plan within ninety days of receiving it.

(G) Penalties. The director will determine civil penalties for violations of this rule in accordance with the rule 901:10-5-04 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-12

(A) 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 be compatible with the overall content of the manure management plan. These best management practices may include, but are not limited to, the following:

(1) Remove, transfer and land apply manure at optimum temperatures;

(2) Remove, transfer and land apply manure when wind direction is less likely to affect neighboring residences;

(3) Immediately inject manure;

(4) Incorporate manure within twenty-four hours following land application to minimize odors; or

(5) If manure is applied by spray irrigation, use appropriate pressure and nozzles.

(B) 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.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-17

(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.

(B) Procedures for reporting.

(1) The owner or operator shall report by telephone, by call or text message, or by electronic mail to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following:

(a) The times at which the discharge or manure spill occurred and was discovered;

(b) The approximate volume, source and the characteristics of the discharge or manure spillage;

(c) The name or the location and description of the waters of the state affected by the discharge or spillage;

(d) The circumstances which created the discharge or spillage;

(e) The names and telephone numbers of persons who have knowledge of these circumstances;

(f) Those steps being taken to clean up the discharge or spillage; and

(g) The names and telephone numbers of persons responsible for the cleanup.

(2) For any emergency that requires immediate reporting after normal business hours, contact a division representative or the Ohio department of agriculture's emergency telephone number.

(3) If applicable, the owner or operator shall notify the appropriate local authorities.

(4) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence that outlines the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not reoccur. The director may allow for an extension of time or waive the reporting requirement.

Last updated June 25, 2025 at 7:22 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-16

(A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.

The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) The manure storage or treatment facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the Administrative Code, including:

(a) Measurements of manure volume and the depth of liquid manure in manure storage or treatment facilities by the depth marker or other appropriate device as approved by the director in accordance with rules 901:10-2-05 and 901:10-2-06 of the Administrative Code as required by rule 901:10-2-08 of the Administrative Code.

(b) Records of inspections of the structural integrity and vegetative management systems of the manure storage or treatment facility taken at intervals specified in the manure management plan and including evidence of erosion, leakage, animal damage, and problems of emerging vegetation.

(c) Records of measurements of current storage capacity remaining in any manure storage and treatment facility, based upon inspections conducted at intervals specified in the manure management plan. Records shall include volume of solids accumulation, design treatment volume, total design storage volume, and approximate number of days remaining until manure reaches maximum operating level as specified in the manure management plan.

(d) Records of inspections of stormwater conveyances, diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon.

(e) Records of inspections of the protective vegetative cover that is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.)

(f) Implementation dates of those best management practices necessary to operate and maintain settling basins, grass filtration or soil infiltration systems or diverting clean water and roof water away from the production area.

(g) Records of groundwater sampling and analysis and any surface water sampling and analysis. This also includes any records associated with monitoring or sampling of subsurface perimeter drains around manure storage or treatment facilities.

(h) Records required in rule 901:10-2-19 of the Administrative Code for the insect and rodent control plan.

(i) Records of inspections of water lines located above ground and readily accessible or visible for daily inspection, including drinking water or cooling water lines.

(j) Records of actions taken to correct any deficiencies found as a result of inspections conducted in the production area. If actions were not taken within thirty days of discovery, then the operating record shall record the reasons explaining why corrections could not be made immediately.

(k) Records of the date, time, and estimated volume of any overflow or discharge from the production area.

(2) Manure characterization data, test methods, results, and other information as required in paragraph (E) of rule 901:10-2-10 of the Administrative Code.

(3) Land application area records shall be recorded and maintained in the operating record. Records for each land application area shall include:

(a) The owner or operator shall maintain or have access to adequate land application equipment and record this in the operating record. All land application equipment, including manure transfer or transportation equipment, shall be routinely monitored to ensure the equipment is not leaking, causing a spill or discharge.

(b) The owner or operator shall list or otherwise describe those acres of land in the operating record for land application of manure, whether the land is owned or leased. Land application areas identified in the manure management plan shall be accompanied by a map.

(c) The owner or operator shall identify appropriate site-specific conservation practices that are or will be implemented at a land application area, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state.

(d) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, document the periodic observations of the subsurface drain outlets and concentrated surface flow areas for liquid manure flow during and after application in the operating record.

(i) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(ii) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(e) When liquid manure is applied to a land application area with a subsurface drain, document the use of drain outlet plugs or other devices in the operating record.

(f) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(g) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(h) Records of the cropping schedule for each land application area for the past year, planned crops for the current year, and anticipated crops for the next two years after the current year.

(i) Targeted crop yield for each crop in each land application area based on:

(i) Soil productivity information;

(ii) Historical yield data;

(iii) Potential yield; or

(iv) Combinations of yield data.

(v) An additional ten per cent may be added to the potential and/or historical yields to account for improvements in management and technology.

(vi) When historical yield data is not available a realistic yield may be based on local research or on yields from similar soils and/or cropping systems in the area.

(vii) For new or potential crops or varieties, industry yield estimates may be used until actual yields are available for documentation in the operating record.

(j) Actual yield, if available.

(k) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(l) Date, rate, quantity and method of application of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(m) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(n) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(o) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation, and wind speed and direction.

(p) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(q) Implementation dates of those best management practices necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation, cover crops or residue management in accordance with paragraphs (B) to (E) of rule 901:10-2-14 of the Administrative Code.

(r) Record the annual projected nutrient budget for nitrogen and phosphate for each land application site for the plant production sequence and/or crop rotation.

(s) Records shall be maintained of annual calibration of land application equipment.

(4) Unless otherwise recorded with the insect and rodent control plan implementation or land application records, records of inspections and actions taken at manure stockpile or manure transfer sites.

(5) The records for implementation of distribution and utilization methods, if used, shall include:

(a) Quantity of manure transferred off-site for each twelve month period (tons/gallons);

(b) Date of off-site transfer for distribution;

(c) Name, certified livestock manager or agricultural fertilizer applicator certification certificate number and address of recipient of manure;

(d) Record that the recipient was provided with a copy of the appendices A, and B to rule 901:10-2-14 of the Administrative Code, a copy of the most recent manure analysis consistent with the rules; and

(e) An acknowledgment between the owner and operator and the manure recipient pursuant to rule 901:10-2-11 of the Administrative Code.

(6) Disposal of dead livestock. The records for implementing the plan for the disposal of dead livestock shall include, but not be limited to:

(a) The disposal method used for removal of dead livestock;

(b) A record of the date and time of inspection of each facility; and

(c) Those best management practices necessary to implement the disposal of dead livestock.

(7) Records shall be maintained documenting the implementation of best management practices used to ensure that confined animals will not have direct contact with waters of the state.

(B) Records shall be generated by certified livestock managers to comply with the requirements of rule 901:10-1-06 of the Administrative Code. The operating records shall be maintained on forms approved for use by the department. A certified livestock manager employed by a major concentrated animal feeding facility may use the major concentrated animal feeding facility's operating record to comply with the requirements of this rule and rule 901:10-1-06 of the Administrative Code, to the extent the records required to be kept by the certified livestock manager are already maintained in the facility's operating record. The operating record for a certified livestock manager shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) Records shall be maintained for each land application area.

(2) The certified livestock manager shall list or otherwise describe the acres of land for land application of manure. Description shall include, but is not limited to, maps identifying the land application area.

(3) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, documentation shall be made of the periodic observations of subsurface drains, drain outlet plugs, drain outlets or other devices for liquid manure flow during and after application in the operating record. Monitoring of concentrated surface flow areas during and after application shall also be documented.

(a) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(b) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(4) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(5) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test risk assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(6) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(7) Date, rate, quantity and method of application sources of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(8) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(9) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(10) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation and wind speed and direction.

(11) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(12) Records shall be maintained of annual calibration of land application equipment.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-01

As used in Chapters 901:10-1 to 901:10-6 of the Administrative Code, the definitions contained in Chapter 903. of the Revised Code and the following definitions are applicable:

(A) "Act" means the Federal Water Pollution Control Act set forth at 33 USC sections 1251 to 1387.

(B) "Administrator" means the administrator of the United States environmental protection agency.

(C) "Agricultural drainage well" means a class five underground injection control well that receives or has the potential to receive drainage from irrigation tail-waters, animal yards, feedlots or dairy runoff and any related agricultural field runoff. An injection well is any bored, drilled, or driven shaft or dug hole whose depth is greater than the largest surface dimension.

(D) "Agricultural stormwater discharge" means a precipitation-related discharge from land used for agriculture as defined in section 1.61 of the Revised Code that conveys manure to surface waters of the state, provided that the manure has been land applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of nutrients in manure and in compliance with the best management practices set forth in Chapter 901:10-2 of the Administrative Code.

(E) "Agronomic rate" means a rate of application of nutrients from any source to the land or an amount of nutrients removed by crop based on:

(1) Nutrient content of the manure to be applied;

(2) Nutrient needs of the current or planned crops; and

(3) Nutrient holding capacity of the soil.

(F) "Ammonia (as N)" means ammonia reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(G) "Applicant" means a person applying for a permit, permit transfer, permit modification, certificate, or submitting a claim of trade secrecy to the director.

(H) "Appropriate design plan" means a construction plan for a manure storage or treatment facility that has been accepted by the department as meeting best management practices and recognized industry standards for construction. This includes pre-engineered design plans for the design and construction of manure storage or treatment facilities that have been shown by the engineer, manufacturer, or distributor to conform to the requirements of Chapter 903. of the Revised Code.

(I) "Appropriate examination" means an examination that has been approved by the department.

(J) "Appropriate training program" means a training program that has been approved by the department.

(K) "Aquifer" means an underground consolidated or unconsolidated geologic formation or series of formations that are hydraulically connected and that have the capability to receive, store, and yield usable quantities of water to wells. Aquifer does not include perched groundwater.

(L) "Application" means the form and supporting documents used by an applicant to apply for an Ohio permit under this chapter.

(M) ''Average precipitation'' means the precipitation over the length of a storage period.

(N) "Beneficial organisms" mean predators, parasites, or pathogens that, during their life cycle, are used to suppress pest organisms or are otherwise beneficial.

(O) "Best management practice (BMP)" means a practice or combination of practices that is determined to be the most effective and practicable including technological, economic, and institutional controls as a means of complying with the applicable standards of Chapter 903. of the Revised Code. BMPs may include structural and nonstructural practices, conservation practices, prohibition of practices, schedules of activities, operation and maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage, or leaks, sludge or waste disposal or drainage from raw material storage.

(P) "Biosecurity" refers to the policies and measures taken for protecting food supply and agricultural resources from contamination. Biosecurity also refers to those measures taken to keep disease agents out of populations, herds or groups of animals where they do not already exist. Significant areas on a facility in biosecurity are sanitation, isolation of incoming or returning animals, cleaning and disinfection and traffic control to limit disease spread between all facilities in the production unit.

(Q) "BOD5" means five-day biochemical oxygen demand and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(R) "Buffer strip" means setback of an area of permanent dense vegetation, often planted along the edge or the contour of a land application area or a slope of the field usually for management practices, including practices to slow the flow of water runoff or enhance water filtration, and minimize the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters. Types of buffers include filter strips, field borders, contour grass strips, vegetated cover and riparian buffers. Types of buffers include those described in "Ohio Natural Resource Conservation Service, Conservation Practice Standards Section IV, Field Office Technical Guide" (efotg.sc.egov.usda.gov/#/state/OH/documents) which includes the following standards:

(1) "Filter Strips/Areas, No. 393," October 2017;

(2) "Riparian Forest Buffer, No. 391," October 2017;

(3) "Field Border, No. 386," October 2017; and

(4) "Contour Buffer Strips, No. 332," October 2017.

(S) "Certificate of coverage (COC)" means a certificate issued by the director based on receipt of a notice of intent to be covered by rule 901:10-4-03 of the Administrative Code. The certificate of coverage is to be kept in the site office.

(T) "Certified livestock manager" means a person that has been duly certified by the department and currently holds a valid livestock manager certification.

(U) "Cold water habitat" means waters designated as coldwater aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(V) "Construction, for the purposes of stormwater construction permits," means the initial disturbance of soils associated with clearing, grading or excavating activities.

(W) "Department" means the Ohio department of agriculture, the director, or the director's authorized representative.

(X) "Design capacity" means the ability to house or maintain the total number of animals confined or to be confined in open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, medication pens, animal walkways, and stables.

(Y) "Dikes" mean both dikes and embankments.

(Z) "Director" means the director of the Ohio department of agriculture or the director's duly authorized representative.

(AA) "Discharge" means to add any pollutant or combination of pollutants from a point source to waters of the state.

(BB) "Distribution and utilization methods" means any method of manure management not under the control of the facility and may include, but not be limited to, land application, composting, vermiculture, and alternative fuel source uses.

(CC) "Ditch" means an excavation, either dug or natural, for the purpose of drainage or irrigation.

(DD) "Diversion" means a channel constructed across the slope for the purpose of intercepting surface runoff.

(EE) "Draft action" means a written statement that gives the director's intention with respect to the issuance of any permit, including a NPDES permit or a general permit, concerning which persons authorized by regulation or by section 903.09 of the Revised Code may file comments or request a public meeting, but which will not be the subject of an adjudication hearing before the director.

(FF) "Drinking water source protection area for a public water system means":

(1) For a public water system using groundwater, the surface and subsurface area surrounding the well(s) of the public water system that will provide water from an aquifer to the well(s) and that is delineated or endorsed by the Ohio environmental protection agency under Ohio's wellhead protection and source water assessment and protection programs; or

(2) For a public water system using surface water, the drainage area contributing surface water runoff to the water intakes of the public water system that is delineated or endorsed by the Ohio environmental protection agency under Ohio's source water assessment and protection program.

(GG) "Effluent limitation" means any restriction imposed by the director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the state.

(HH) "Fabricated structure" means a type of manure storage or treatment facility constructed of engineered, man-made materials such as cast-in-place reinforced concrete, pre-cast concrete, masonry, timber, steel, fiberglass or plastic but does not mean a manure storage pond, a manure treatment lagoon or any of the components of either a manure storage pond or manure treatment lagoon such as described in paragraph (A)(9)(c)(ii) of rule 901:10-2-06 of the Administrative Code. A fabricated structure may contain either solid or liquid manure.

(II) "Fact sheet" means the statement of facts provided for in paragraph (A) of rule 901:10-6-05 of the Administrative Code relative to issuance of a "NPDES" permit.

(JJ) "Field surface furrow" means an area of short-term low-gradient non-erosive concentrated surface water runoff which occurs during or shortly after precipitation events and is not a river, stream, ditch or grassed waterway. Field surface furrows are areas that are normally planted with crops each year.

(KK) "Fecal coliform" means fecal coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LL) "Floodplain" means the area designated by the federal emergency management agency adjoining any river, stream, watercourse or lake that has been or may be covered by floodwater.

(MM) "Floodway" means the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the allowable rise as designated by the federal emergency management agency, not exceeding one foot.

(NN) "Grassed waterway" means a natural or constructed channel that is shaped or graded to required dimensions and established with suitable vegetation to filter and convey runoff from fields, terraces, diversions or other concentrated water runoff without causing erosion or flooding.

(OO) "Ground water" means any water below the surface of the earth in a zone of saturation, but does not include perched water.

(PP) "Injection" means the placement of manure beneath the surface of the soil in the crop root zone but not extending beyond the boundary of a land application area and using equipment specifically designed for this purpose.

(QQ) "Installation" means the permanent fabrication, erection or installation of a manure storage or treatment facility or manure control equipment at the location where the manure storage or treatment facility or manure control equipment is intended to be used. The term does not include the following:

(1) The dismantling of existing equipment and control devices;

(2) The ordering of equipment and control devices;

(3) Off-site fabrication; and

(4) Site preparation.

(RR) "Integrated pest management" means a sustainable approach to pest management that combines the use of prevention, avoidance, monitoring and suppression strategies that minimizes and reduces the activity and presence of insects and rodents and keeps such activity and presence below economically damaging levels, minimizing chemical use to reduce pest resistance and the harmful effects of pest control on human health and environmental resources. Integrated pest management includes management, biological controls and the judicious use of chemical controls.

(SS) "Karst terrain" means an area where karst topography, including the characteristic surface and subterranean features, has developed as the result of dissolution of limestone, dolomite or other soluble rock. Characteristic physiographic features present in karst terrains may include the following:

(1) Sinkholes;

(2) Sinking streams;

(3) Caves.

(TT) "Land application areas" means land under the control of a concentrated animal feeding facility, whether it is owned, rented, leased or otherwise under the control of the owner or operator, to which manure, or process wastewater from the production area is or may be applied.

(UU) "Liquid manure" means manure containing more than or equal to eighty percent liquid.

(VV) "Livestock manure broker" means a person who is in the business of buying, selling, or transporting manure.

(WW) "Livestock manure applicator" means a person who is in the business of land applying manure.

(XX) "Manure application" means the placement of manure within the boundaries of a land application area by:

(1) Spraying or spreading onto the land surface;

(2) Injection below the land surface in the crop root zone using equipment specifically designed for this purpose; or

(3) Incorporation into the soil by means of the mixing of manure with the surface soil using standard agricultural practices, such as tillage.

(YY) "Manure management plan (MMP)" means a written plan that adheres to the terms in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code.

(ZZ) "Manure residuals" means settled manure solids combined with varying amounts of water and dissolved materials that remain after some form of treatment.

(AAA) "Manure spill" means any unexpected, unintended, abnormal or unapproved dumping, leakage, drainage, seepage, release or other loss of manure. The term does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

(BBB) "Manure storage area" means area of an animal feeding operation used by the owner or operator for the storage of manure produced by the operation. Manure storage areas include, but are not limited to, manure storage or treatment facilities, lagoons, runoff ponds, storage sheds, stockpiles, stacking areas, under house or pit storages, liquid impoundments, and composting piles.

(CCC) "Manure storage or treatment facility" means any excavated, diked or walled structure or combination of structures designed for the biological stabilization or treatment, energy recovery, nutrient recovery, and holding or storage of manure. These facilities include manure storage ponds, manure treatment lagoons, fabricated structures, anaerobic digesters, manure storage sheds, under house or pit storages, and composting areas.

(DDD) "Manure storage pond" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to store or settle manure. A manure storage pond contains liquid manure.

(EEE) "Manure treatment lagoon" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to biologically treat manure. A manure treatment lagoon contains liquid manure.

(FFF) "Modification" means one or more of the following:

(1) For "NPDES" permits, permits to install, and permits to operate: a material and substantial alteration of the facility including an increase of the number of animals that exceed the design capacity of an existing facility by ten per cent or more in excess of the design capacity set forth in the current permit, provided that in no case during a five year period will the facility's or facility's capacity be modified to increase by more than ten per cent in the aggregate.

(2) For permits to install and permits to operate: any structural change to the facility that will alter compliance with siting criteria as set forth in rule 901:10-2-02 of the Administrative Code;

(3) For permits to operate: any changes to the insect and rodent control plan approved by the director except as set forth in paragraphs (E) and (F) in rule 901:10-2-19 of the Administrative Code;

(4) For "NPDES" permits, permits to install, and permits to operate: Changes described in rule 901:10-1-09 of the Administrative Code as being grounds for modification of the permit type; or

(5) For "NPDES" permits, permits to install, and permits to operate: Changes to the manure storage or treatment facility that result from an expansion of the existing facility by ten per cent or more in excess of treatment or storage capacity.

(GGG) "Multi-year phosphorus application" means phosphorus applied to a field in excess of the crop needs for that year in accordance with appendix (E) to rule 901:10-2-14 of the Administrative Code.

(HHH) "Neighboring residence" means any occupied permanent dwelling acquired by its current owner prior to the application for a permit to install a new animal feeding operation or prior to the initial construction of an animal feeding operation for which an application for a permit to install expansion or modification has been submitted. A neighboring residence does not include any dwelling owned by the owner or operator of the production area of the facility at the time the permit to install application is submitted.

(III) New discharger means any building, structure, facility, or installation:

(1) From which there is or may be a discharge of pollutants;

(2) That did not commence the discharge of pollutants at a particular site prior to August 13, 1979;

(3) Which is not a new source; and

(4) Which has never received a final effective "NPDES" permit for discharges at that site.

(JJJ) "New source" is defined at 40 CFR 122.2 and new source criteria are as defined at 40 CFR 122.29(b).

(KKK) "Nitrate (as N)" means nitrate reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(LLL) "Nutrient" means, for purposes of Chapter 903. of the Revised Code, nitrogen or phosphorus.

(MMM) "Operating record" means the written record of a facility and other activities conducted under a permit to operate maintained by the owner or operator as found in rule 901:10-2-16 of the Administrative Code.

(NNN) "Owner or operator," for the purposes of sections 903.02, 903.03, and 903.05 of the Revised Code, means the person that owns or operates the manure storage or treatment facility or the concentrated animal feeding facility, concentrated animal feeding operation, or major concentrated animal feeding facility as defined in divisions (M), (N), (O), and (EE) of section 903.01 of the Revised Code.

(1) Owner means the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility or holds or is able to control, either directly or through a holding company or subsidiary, by means of any of the following:

(a) The person holds at least twenty-five per cent of the equity of the facility which is a business concern that is a publicly traded corporation; or

(b) The person is any other business concern not covered in paragraph (NNN)(1)(a) of this rule and holds at least fifty per cent of the equity of the facility; or

(c) The person has provided a loan to the facility with provisions for the right to control management of the facility or actual control of the facility or the selection of officers, directors, or managers of the facility.

(2) Types of ownership may include the any of the following:

(a) "Business concern" means any corporation, association, firm, partnership, trust, or other form of commercial organization.

(i) "Sole proprietorship" means a form of business concern, other than a partnership or corporation, in which one person owns all the assets and is solely liable for all the debts of the business. Sole proprietor includes any individual or entity in which an individual is an applicant or permittee or prospective owner.

(ii) "Partner" means a business concern where any person holding a position as, or similar to, a general partner, as defined in division (E) of section 1782.01 of the Revised Code, or a limited partner, as defined in division (F) of section 1782.01 of the Revised Code, or persons who share profits and liability and have management powers of a partnership, as partnership is defined in section 1775.05 of the Revised Code.

(iii) "Publicly traded corporation" means a business concern that is a corporation:

(a) Whose shares are listed on a national securities exchange; or

(b) Whose shares are regularly quoted in an over-the-counter market by one or more members of a national; or affiliated securities association; or

(c) With fifty or more shareholders.

(b) "Equity" means any ownership interest in a business concern, including sole proprietorship, the shares of a partner, and stock in a corporation.

(c) "Loans" means notes, mortgages, or financial loans of any kind, secured or unsecured, unless held by a chartered lending institution.

(3) "Operator" means the person responsible for the direct control or overall operations of a facility, and whose duties or responsibilities involve, in whole or part, the management of the facility and the exercise of independent or discretionary judgment. An operator may include the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility.

(OOO) "Overflow" means the spillage of manure resulting from the filling of manure storage or treatment facilities beyond the point at which no more manure or stormwater can be contained by the facilities.

(PPP) "Past violations" for purposes of rule 901:10-5-04 of the Administrative Code means violations of Chapter 903. of the Revised Code and rules promulgated thereunder that have occurred on more than one occasion in the past five years.

(QQQ) "Pests" means detrimental insects and rodents.

(RRR) "Phosphorus (as P)" means the same as phosphate in this chapter.

(SSS) "Point source" means any discernible, confined, or discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, large concentrated animal feeding operation, medium concentrated animal feeding operation, small concentrated animal feeding operation, landfill leachate collection system, vessel or other flooding craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater discharges.

(TTT) "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(1) Sewage from vessels; or

(2) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources.

(UUU) "Professional engineer" means a person qualified to practice engineering according to the provisions of Chapter 4733. of the Revised Code and is presently registered by Ohio's board of registration for professional engineers and land surveyors.

(VVV) "Professional geologist" means a person qualified to practice geology and is presently registered by a state licensing or certification board as recognized by the american institute of professional geologists.

(WWW) "Precipitation event" means:

(1) A ten year, twenty-four hour rainfall event with a probable recurrence interval of once in ten years, or

(2) A twenty-five year, twenty-four hour rainfall event with a probable recurrence interval of once in twenty-five years; or

(3) A one-hundred year, twenty-four hour rainfall event.

(4) The terms ten year, twenty-four hour precipitation event, twenty-five year, twenty-four hour precipitation event, and one-hundred year, twenty-four hour precipitation event shall mean a precipitation event with a probable recurrence interval of once in ten years or twenty-five years or one hundred years, respectively, as defined by the national weather service in technical paper number forty, rainfall frequency atlas of the United States, May 1961, and subsequent amendments or equivalent regional or state precipitation probability information.

(XXX) "Public water system, or PWS," means a system which provides water for human consumption through pipes or other constructed conveyances for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. Such term includes any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system and any water supply system serving an agriculture labor camp, as defined in section 3733.41 of the Revised Code. A public water system is either a "community water system" or a "non-community water system".

(1) "Community water system or CWS" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

(2) "Non-community water system or NCWS" means a public water system that is not a community water system.

(a) "Non-transient non-community water system or NTNCWS" means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.

(b) "Transient non-community water system or TNCWS" means a non-community public water system that does not regularly serve at least twenty-five of the same persons over six months of the year.

(YYY) "Reasonably available" means a person that is within a two hour drive of the facility and is available by telephone or by electronic communication.

(ZZZ) "Seasonal salmonid habitat" means rivers, streams and embankments designated a seasonal salmonid aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(AAAA) "Setback" means a specified distance from surface waters, wells, neighboring residences, or potential conduits to surface waters where manure, and process wastewater may not be land applied. Examples of conduits to surface waters include but are not limited to: Open tile line intake structures, sinkholes, and agricultural well heads.

(BBBB) "Solid manure" means manure containing greater than twenty per cent total solids.

(CCCC) "Sole source aquifer" means an aquifer designated by the United States environmental protection agency as the sole or principal source of drinking water for a given aquifer service area.

(DDDD) "Soil" means unconsolidated, erodible earth material consisting of minerals or organics.

(EEEE) "Soil horizon" means a layer of soil, approximately parallel to the soil surface, with characteristics produced by soil-forming processes.

(FFFF) "Staging or staging area" means the land application area used for placement of manure at the time of delivery in such a manner as to facilitate land application within fifteen days at that site. Staging includes the transfer of liquid manure from transport vehicles to land application equipment.

(GGGG) "Stockpile or stockpile area" means field placement of the amount of manure to be land applied to the next planned crop or crop rotation at a land application area.

(HHHH) "Storage or storage period" means the length of time anticipated between manure clean-out events provided that manure storage does not mean any form of manure containment for a period of fourteen days or less.

(IIII) "Substantial compliance when referring to compliance with the provisions of a permit," means following the effluent limitations and best management practices set forth in the permit.

(JJJJ) "Surface waters of the state" means all streams, lakes, ponds, marshes, watercourses, wetlands, springs, drainage systems, and other bodies or accumulations of surface water, natural or artificial, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.

(KKKK) "Total coliform" means all coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LLLL) "Total dissolved solids" means nonfilterable residue and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(MMMM) "Trade secrets" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, improvement, business information or plans, financial information, listing of names, addresses, or telephone numbers that satisfies both of the following:

(1) It derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable through proper means by other persons who can obtain economic value from its disclosure or use.

(2) The person claiming the secrets has taken reasonable efforts under the circumstances to maintain secrecy.

(NNNN) "Uncovered" means any manure storage or treatment facility that allows exposure of manure to precipitation events or to the run-on or run-off from precipitation events.

(OOOO) "Variance" means a type of permit modification that applies to "NPDES" permits.

(PPPP) "Zoonotic diseases" means illnesses that can be transmitted between humans and animals.

(QQQQ) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2010.

Last updated January 2, 2025 at 8:16 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-20

The owner or operator of a concentrated animal feeding facility with a permit to operate shall submit an annual report to the director by January thirty-first of the following year and include the following information:

(A) The permitted number (permitted design capacity) and type of animals, the current number and type of animals, whether animals are 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 (tons/gallons) generated by the facility in the previous calendar year;

(C) Provide the amount of total manure (tons/gallons) land applied under the control of the facility in the previous calendar year;

(D) Provide the amount of total manure transferred to other persons by the facility in the previous calendar year as recorded in the operating record in accordance with rule 901:10-2-11 of the Administrative Code;

(E) 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;

(F) Total number of acres used for land application of manure under control of the facility in the previous calendar year; and

(G) Summary of all manure discharges from the production area that have occurred in the previous calendar year, including date, time, and approximate volume.

Last updated January 5, 2026 at 11:17 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-15

(A) A permit to operate shall include a mortality management plan for the disposal of dead livestock and include best management practices for burning, burial, rendering, composting, alkaline hydrolysis or other methods consistent with sections 941.14, 939.04 and 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 mortality management 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.

(D) In the event of catastrophic mortality losses and if normal mortality management methods cannot handle such losses, the director may approve methods of mortality management not identified in a permit to operate.

Last updated January 2, 2025 at 8:17 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-09 Contents of manure management plan: nutrient budget.

(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.

(C) To the extent the manure is not managed through distribution and utilization, the manure management plan shall include the total summary of land application areas to be used for the duration of the permit and the land that is available for manure that is generated by the facility. The total summary shall be further characterized as follows:

(1) The total nutrient budget requirements on land application areas under the control of the owner or operator; and

(2) The quantity of commercial fertilizer nutrients or residual nutrients from all sources to be applied on land application areas under the control of the owner or operator for a twelve month period.

Last updated July 29, 2026 at 12:34 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-14

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.

(C) General criteria for manure application. The manure application rate shall be based on the most limiting factor of rates derived from paragraphs (B) to (G) of this rule, including factors derived from all appendices to this rule, whichever factor is determined to be the most restrictive factor for purposes of protecting waters of the state.

(1) For liquid manure:

(a) The crop nitrogen requirements or removal of nitrogen described in paragraph (D) of this rule, expressed in thousands of gallons of manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule, expressed in thousands of gallons of manure per acre;

(c) The restrictions on the rate of liquid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule, with volume expressed as a measure of gallons per acre or inches per acre;

(d) The application rate shall not exceed the available water capacity of the soil as described in appendix B to this rule;

(e) The application rate shall be adjusted to preclude surface ponding and/or runoff from a land application area.

(2) For solid manure:

(a) The crop nitrogen requirements or removal of nitrogen as described in paragraph (D) of this rule expressed in pounds per ton of dry manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule expressed in pounds per ton of dry manure per acre;

(c) The restrictions on the rate of solid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule with volume expressed as a measure of tons/acre.

(3) All land applications of manure shall comply with all restrictions contained in appendix A to this rule unless a compliance alternative is submitted and approved by the director. As a compliance alternative, the concentrated animal feeding operation or certified livestock manager may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot setback or a thirty five foot vegetated buffer. As a compliance alternative, the concentrated animal feeding facility or certified livestock manager may demonstrate that a soil listed in appendix A, table 1 to this rule is not prone to flooding in a particular county in which land applications of manure are planned, through reference to the current United States department of agriculture, natural resources conservation service, web soil survey for the county.

Comment: The natural resources conservation service and the Ohio state university have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to "United States Department of Agriculture - Natural Resource Conservation Service. Field Office Technical Guide - Conservation Practice Standard 633. Columbus, Ohio, June 2003." A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(4) For all land application of liquid manures, the owner or operator shall maintain or have access to methods or devices to capture or stop subsurface drain flow if liquid manure reaches the subsurface drain outlets. Use of drain outlet plugs or other devices shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

(5) Calculate the total amount of nitrogen and phosphate to be applied to each field, including sources other than manure such as commercial fertilizer or other organic by-products.

(6) Land application of manure by means of surface application shall not occur if the forecast contains a greater than fifty per cent chance of precipitation as determined in "Managing Manure Nutrients at Concentrated Animal Feeding Operations, Appendix M, United States Environmental Protection Agency, EPA-821-B-04-006, August 2004," exceeding an amount of one-quarter inch for hydrologic soil group D soils and one-half inch for hydrologic soil group A, B, and C soils, for a period extending twenty-four hours after the start of land application. Record weather conditions in the operating record for conditions at the time of application and for twenty-four hours prior to and following application. A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(D) The manure application rate for nitrogen shall be based on the following criteria:

(1) The application rate for nitrogen shall be based on utilization of crops at the recommended agronomic rates and based on minimum runoff and leaching that may impact waters of the state.

(2) In determining the agronomic rate for nitrogen, the owner or operator shall do the following:

(a) Determine the nitrogen requirements or removal rates for the realistic yield goal of planned crops using nutrient amounts from appendix C, tables 1, 2 or 3 to this rule.

(b) Subtract the nitrogen credit for crop residue, legumes, and other sources of nitrogen to be given to the next crop in accordance with values for previous crops given in appendix C, table 4 to this rule;

(c) When applying nitrogen to a grass or legume cover crop that is growing or being established immediately after manure application, manure can be applied at the recommended nitrogen rate for the next non-legume crop or the nitrogen removal rate for the next legume crop.

(3) In determining how to minimize nitrogen leaching that may impact waters of the state, the owner or operator shall do the following:

(a) Assess each land application area with the Ohio nitrogen leaching risk assessment procedure contained in appendix C, table 5 to this rule;

(b) If the nitrogen leaching risk assessment procedure completed in accordance with paragraph (D)(3)(a) of this rule demonstrates that the land application site has a high nitrogen leaching potential and no growing crop, then application of manure shall be limited to fifty pounds of nitrogen per acre calculated at the time of application prior to October first.

(4) In calculating the actual rate of application of nitrogen from manure, the figures in appendix C, table 6 to this rule shall be used along with the manure test results conducted according to rule 901:10-2-10 of the Administrative Code.

(5) The requirements of paragraph (D) of this rule may be changed only if the owner or operator can demonstrate to the director nutrient insufficiency in accordance with the presidedress nitrate soil test procedures of tables 7 and 8 in appendix C to this rule.

(E) The manure application rate for phosphate shall be determined using the soil test analysis obtained pursuant to rule 901:10-2-13 of the Administrative Code and the following criteria:

(1) Prior to the land application of manure, land application areas shall be assessed with either the phosphorus index risk assessment procedure in appendix E, table 1 to this rule or the phosphorus soil test risk assessment procedure in appendix E, table 2 to this rule. The manure application rate for phosphate shall be limited in compliance with the applicable provision in the:

(a) Generalized interpretation of phosphorus index and management column in appendix E, table 1, to this rule, or

(b) The application criteria in appendix E, table 2, to this rule.

(2) The phosphate requirements for the realistic yield goals of planned crops, crop rotations, and\or plant biomass shall be determined using amounts from appendix C, table 1 to this rule;

(3) Phosphate applications between two-hundred fifty pounds per acre and five hundred pounds per acre are not recommended but may be made if the values for liquid manure exceed sixty pounds phosphate per one thousand gallons and if the values for solid manure exceed eighty pounds phosphate per ton and application is subject to these additional requirements:

(a) No manure application shall occur on land with soil tests that exceed more than one hundred parts per million Bray P1;

(b) )No manure application shall occur on frozen or snow-covered ground;

(c) The manure shall be incorporated within twenty-four hours;

(d) No additional phosphate application shall be made for a minimum of three years on fields with soil tests that measure less than forty parts per million Bray P1 or equivalent; and

(e) No additional phosphate application shall be made for a minimum of five years on fields with soil tests between forty and one-hundred parts per million Bray P1 or equivalent.

(4) Notwithstanding the procedures in paragraph (E) of this rule but subject to the restrictions in appendix B to this rule, for a single phosphate application in a year, the application rate shall not exceed five hundred pounds per acre of phosphate.

(F) Land application for crops or other uses not listed in appendix C to this rule will be considered on a case-by-case basis. The owner or operator shall submit existing published or documented data that is acceptable to the director.

(G) General criteria for frozen and snow-covered ground. In addition to complying with all of the criteria in paragraphs (A) to (F) of this rule, the following actions are required for surface application of manure to land with frozen or snow-covered ground.

If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.

The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.

Manure injection or manure incorporation performed within twenty-four hours at the land application site is the preferred alternative to surface application of manure. Solid manure with less than fifty per cent moisture shall be stockpiled at the land application site in lieu of manure application on frozen or snow covered ground.

Surface application of manure on frozen or snow-covered ground is prohibited unless performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.

(1) Application.

(a) Prior approval for each surface application of manure shall be obtained from the director or his designated representative.

(b) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to ten wet tons per acre for solid manure with more than fifty per cent moisture.

(c) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to five thousand gallons per acre for liquid manure.

(d) Applications are to be made on land with at least ninety per cent surface residue cover at the time of application such as good quality hay or pasture field, all corn grain residue remaining after harvest, and all small grain residue cover remaining after harvest. Vegetation or residue shall not be completely covered by ice or snow at the time of application.

(e) Manure ponding shall be prevented.

(f) Manure shall not be applied on more than twenty contiguous acres. Contiguous areas for application are to be separated by a break of at least two hundred feet. Areas that are furthest from streams, ditches, waterways, and\or surface waters are to be utilized in preference to areas with the potential for surface water runoff.

(g) Setbacks from surface waters and conduits to surface waters, (including grassed waterways and surface drains) shall be a minimum of two hundred feet. Setbacks shall have at least ninety per cent surface residue cover and vegetation or residue shall not be completely covered by ice or snow at the time of application.

(h) For application fields with slopes greater than six percent, manure shall be applied in alternating strips sixty to two hundred feet wide generally on the contour, or in the case that the field is managed in contour strips with alternative strips in grass or legume, manure shall only be applied on alternative strips. Manure application rates shall be determined for each separate application strip area and not the area of the entire application field.

(i) Any manure application with phosphorus exceeding two hundred and fifty pounds per acre is prohibited.

(2) Monitoring.

(a) Concentrated field surface drainage and tile outlets shall be visually monitored at the conclusion of manure application and periodically afterwards when weather, temperature increase, snowmelt and rainfall are likely to produce manure runoff. Periodic visual monitoring shall continue until manure is assimilated into the application field and is no longer likely to discharge into waters of the state.

(b) Upon discovering a discharge to waters of the state, the owner or operator shall notify the department within two hours of detection of the runoff event.

(c) In addition to the visual monitoring and reporting in this paragraph, the owner or operator shall collect representative grab samples from the discharges of land applied manure into waters of the state at the point that the discharge enters waters of the state (i.e. concentrated field surface runoff or field tile outlet discharge prior to entrance to surface waters) and have the sample analyzed for ammonia nitrogen levels.

(d) The owner or operator shall:

(i) Collect the sample within thirty minutes of the first knowledge of the discharge; or

(ii) If the sampling in that period is inappropriate due to dangerous weather conditions, the owner or operator shall collect the sample as soon as possible after suitable conditions occur and shall document the reason for delay.

(e) The owner or operator shall report the results of the discharge event to the department within fourteen days of occurrence. The report shall, at a minimum, contain the sample results, describe the reason for the discharge, the location, estimate of quantity and duration of the discharge, and duration of the precipitation leading up to the event, any measures taken to clean up and eliminate the discharge, and copies of land application records. Laboratory results not available at the time of the report submitted shall be submitted to the department within five days of receipt.

(f) If the ammonia nitrogen level in a water quality sample is determined to be twenty-six mg\L or greater in the discharge at the point it enters waters of the state, then additional surface application of manure to frozen and\or snow covered ground is prohibited on the field where the runoff event occurred.

(g) In the event that an owner or operator complies with all of the requirements of paragraph (G) of this rule and runoff enters waters of the state resulting in ammonia nitrogen level in a sample determined to be twenty-six mg\L or greater in three application events authorized in accordance with paragraph (G)(1)(a) of this rule, then additional surface application of manure to frozen and/or snow covered ground shall be prohibited for the duration of the permit.

(h) In the event that the owner or operator fails to comply with the land application requirements for frozen or snow covered ground, including but not limited to prior notice, and approval for each application pursuant to paragraph (G)(1)(a) of this rule, notice of discharge, monitoring and record keeping, for more than two surface land application events, then land application on any frozen or snow-covered ground shall be prohibited for that owner or operator for the duration of the permit upon receipt of a third notice of deficiencies resulting in noncompliance pursuant to section 903.17 of the Revised Code.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Last updated July 29, 2026 at 1:46 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-06

(A) Purpose and applicability.

(1) The management and handling of manure at a major concentrated animal feeding facility, shall be conducted by or under the supervision of a person that has a current livestock manager certification and that is reasonably available to the facility.

(2) No person who is a livestock manure broker shall buy, sell, or land apply annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure unless the person is a certified livestock manager.

(3) No person who is a livestock manure applicator shall land apply and transport annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure unless the person is a certified livestock manager.

(4) Any person subject to this rule who is either a livestock manure broker or a livestock manure applicator shall maintain an operating record on forms provided by the department and other forms selected by the livestock manure broker or livestock manure applicator and approved by the director. The operating record shall be retained for a minimum period of five years, shall be made available to the director upon request, and shall record and document in accordance with paragraph (B) of rule 901:10-2-16 of the Administrative Code.

(5) In order for a person to manage or handle manure at a major concentrated animal feeding facility or for a person to either transport and land apply manure or to, buy, sell or land apply annually more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons of liquid manure in this state, the person shall obtain a livestock manager certification from the department.

In the alternative, the person may present a certified copy of an equivalent and valid manure manager certification from another state, which has been verified by the director or the director's designated representative, together with the appropriate fee as listed in the fee rule.

(6) This rule does not apply to a person who is an owner or operator of a concentrated animal feeding facility permitted by the director in accordance with section 903.02 of the Revised Code or section 903.03 of the Revised Code, unless that person applies other manure from another animal feeding facility, concentrated animal feeding facility, or major concentrated animal feeding facility in excess of four thousand five hundred dry tons per year of solid manure or more than twenty-five million gallons of liquid manure per year.

(7) A person is considered to be under supervision of a certified livestock manager if the holder of the certification is reasonably available, but not necessarily physically present, during the management and handling of manure. The certified livestock manager cannot claim the lack of presence as a defense under Chapter 903. of the Revised Code.

(B) Application and certification procedures.

(1) In order to be a certified livestock manager, the applicant must meet the requirements in paragraphs (D)(1) to (D)(5) of this rule.

(2) The applicant for a livestock manager certification shall file an application on a form provided by the director. The application shall include but not be limited to: address and telephone number of the applicant; the results of the applicant's test results for any examination completed by the applicant as described in paragraphs (D)(1) to (D)(5) of this rule; and if applicable, the quantity of manure managed or handled by the applicant.

(3) All certifications issued shall expire on December thirty-first of the third year after the year in which the certificate was issued and each December thirty-first triennially thereafter, unless renewed in accordance with this rule. Any certification issued shall be valid for three years and thereafter be subject to renewal. A renewal shall be valid for three years.

(4) The department shall charge an appropriate fee as listed in the fee rule 901:10-1-04 of the Administrative Code for the issuance and renewal of a livestock manager certification.

(5) In order for a certification to be renewed, the holder must accumulate ten hours of continuing education credit over a three year period immediately preceding the date of application.

(C) Enforcement.

(1) The director may suspend, revoke or deny a livestock manager certification if the certified livestock manager:

(a) Engages in fraud or deceit in obtaining a certification;

(b) Fails to exercise reasonable care, judgment or use of the manager's knowledge and ability in the performance of the duties of a certified livestock manager;

(c) Is incompetent or otherwise unable to properly perform the duties of a certified livestock manager; or

(d) Has violated or caused to be violated Chapter 903. of the Revised Code and any rules adopted thereunder.

(2) If the director proposes to suspend, revoke, or deny a livestock manager certification, the livestock manager may appeal the director's proposed action in accordance with Chapter 119. of the Revised Code.

(3) Suspension of a livestock manager certification.

(a) Suspension of a livestock manager certification will be in effect for a period of not less than two hundred seventy days. The director may suspend a livestock manager certification for an indefinite period as determined by the director's authority under this rule and division (D) of section 903.10 of the Revised Code.

(b) After the required two hundred seventy days has passed and if there is substantial evidence that the conditions leading to the suspension have been corrected, the director may issue a certificate to reinstate the suspended livestock manager certification.

(c) If a livestock manager certification is suspended indefinitely, a person may apply in writing for reinstatement. The petition must include any relevant facts concerning changes to conditions under which suspension occurred. If substantial evidence that the conditions leading to the suspension have been corrected, the director may issue a certificate to reinstate the suspended livestock manager certification.

(4) Revocation of a livestock manager certification is permanent as determined by the director's authority under this rule and division (D) of section 903.10 of the Revised Code.

(5) If a certified livestock manager fails to renew a certification within thirty days of its expiration, the certified livestock manager must submit an application for certification and meet the requirements of paragraph (B) of this rule.

(6) The director may assess penalties against the certified livestock manager in accordance with section 903.16 of the Revised Code and rule 901:10-5-04 of the Administrative Code for violations of section 903.07 of the Revised Code, any provision of rules adopted under Chapter 903. of the Revised Code, or for failing to comply with best management practices established in the rules. The person is entitled to a hearing in accordance with Chapter 119. of the Revised Code.

(D) Training and examination procedures.

(1) The department may offer a training program and an examination for a livestock manager certification. The applicant shall have knowledge of information on topics that include calculating nutrient values in manure, devising and implementing a plan for the land application of manure, removing manure held in a manure storage or treatment facility and following best management practices for disposal of dead animals and manure management, including practices that control odor and protect the environment. The applicant shall be expected to have knowledge of how to devise and implement a manure management plan and an insect and rodent control plan. In addition, the applicant shall understand the laws and rules related to animal feeding facilities.

(2) An applicant for a livestock manager certification shall pay a fee as required by rule 901:10-1-04 of the Administrative Code.

(3) The director may specify other types of recognized training programs that, if completed, are considered to satisfy the training and examination requirement.

(4) The director has determined that the following training and certification programs satisfy this rule:

(a) If an applicant for a livestock manager certification demonstrates knowledge of the information of the topics set forth in paragraph (D)(1) of this rule and has completed the training provided in accordance with the "certified crop advisor" program conducted by the "American Society of Agronomy" and demonstrates a passed exam, then the applicant will be eligible for a certificate issued in accordance with this rule; or

(b) If the applicant for a livestock manager certificate demonstrates knowledge of the information of the topics set forth in paragraph (D)(1) of this rule and has completed the training and certification of the United States department of agriculture natural resource conservation service relating to being a certified planner to prepare comprehensive nutrient management plans, then the applicant will be eligible for a certificate issued in accordance with this rule.

(5) The department may cooperate with or enter into cooperative agreements with any official agency of the federal government, of this state or its subdivisions, or other academic or private institutions for the purpose of administration of the training and examination portions of Chapter 903. of the Revised Code.

(6) In accordance with section 903.20 of the Revised Code, the director may call upon the concentrated animal feeding facility advisory committee to assist in establishing the standards of training and examination.

(7) Training and examination opportunities will be provided at such times and places as determined by the department in consideration of the number and location of requests.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-13 Contents of manure management plan: soil characterization.

(A) 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:

(1) 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.

(2) 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: https://www.canr.msu.edu/uploads/234/68557/rec_chem_soil_test_proce55c.pdf.

(3) 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.

(4) The manure management plan shall specify the soil sampling frequency in accordance with the following requirements:

(a) A land application area that receives manure shall be soil tested, at a minimum, once every three years; and

(b) If any land application area is used by the owner or operator for land application of manure, the land application area shall not be sampled within the six months following manure application.

(B) Results of the soil sampling events in paragraphs (A)(1) to (D)(4) of this rule shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code and include the location of the soil sample collection site, the depth of the sample collected and the analysis.

(C) In developing appropriate manure application rates for land application methods in accordance with rule 901:10-2-14 of the Administrative Code, the owner or operator shall use the Mehlich III soil test level or equivalent appropriate phosphorus soil test, (Bray P1, Olsen, phosphorus retention test), or other test methods approved by the director. The owner or operator shall choose a phosphorus soil test method and identify the selected method in the manure management plan.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-18 Closure plan requirements.

(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 under a permit to operate or a "NPDES" permit 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 with 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 the entire 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 the entire 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) The timing and description of methods to be used to remove 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 for this type of closure.

(2) If animal housing buildings are closed or if the design capacity of the facility will be reduced due to the closure of animal housing buildings, then the owner or operator shall submit a closure plan for the director's approval at least ninety days before the closure. Thereafter, the owner or operator shall implement a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the animal housing buildings will be closed or how the design capacity of the facility will be reduced. This explanation may include, but is not limited to, the following information:

(i) A description of the reduction of animals per cage, pen, lot, or barn or description of the building closure;

(ii) The reason for the reduction or building closure; and

(iii) Assurance that the reduction or building closure is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(3) If the design capacity of the facility will be reduced so that the facility is no longer required to be covered under a permit to operate or an NPDES permit, but there will be no actual closure of any housing buildings or of a manure storage or treatment facility, then the owner or operator shall, at least ninety days before such reduction, submit for the director's approval, and thereafter shall implement, a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the design capacity of the facility will be reduced without any closure of a housing building. This explanation would include information such as, but not limited to: a description of the reduction of animals per cage, pen, lot or barn, reason for reduction, assurance that the reduction is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) If a closure of the facility involves a part of the facility being transferred to a different owner, then the owner of the permitted facility must provide the following:

(i) A copy of a revised site map showing new property lines and new ownership of each parcel;

(ii) A copy of any new deed; and,

(iii) Documentation that demonstrates how the facility, after the land transfer, will no longer meet the definition of either a concentrated animal feeding facility or a concentrated animal feeding operation.

(d) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(D) If a permittee seeks to close permanently a manure storage or treatment facility or to close the entire facility temporarily without terminating permit coverage, the permittee 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 the entire facility or a portion of 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 or part of a manure storage or treatment facility at 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 or part of the manure storage or treatment facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove all manure from the discontinued portions of the manure storage or treatment facility.

(c) Removal of all associated appurtenances and conveyance structures from discontinued 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) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(f) 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 for this type of closure.

(2) If a concentrated animal feeding facility or a concentrated animal feeding operation is to be temporarily closed or discontinued, the owner or operator shall implement a closure plan that addresses the temporary closure of the facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove manure from the manure storage or treatment facilities.

(c) 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.

(d) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(e) Any other action necessary to prevent a discharge of manure during the time of the temporary closure, other than agricultural stormwater from application areas.

(3) If the closure would constitute a modification as defined in rule 901:10-1-01 of the Administrative Code, the owner or operator shall apply for a permit modification removing the closed portions of the facility from the permit and recalculating the storage volume for the facility. If applicable, the owner or operator shall also submit an application for a permit to install.

Last updated January 2, 2025 at 8:19 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-03

(A) Applicability.

This rule applies to concentrated animal feeding facilities and certified livestock managers.

(B) The director shall conduct inspections and investigations, when applicable, to determine if the owner or operator of a concentrated animal feeding facility or certified livestock manager is not in compliance with section 903.02, section 903.03, division (A) of section 903.07 or section 903.12 of the Revised Code, the terms and conditions of a permit to install or a permit to operate issued for a facility, including the requirements established under division (C) of section 903.06 of the Revised Code, or paragraph (D) of rule 901:10-1-10 of the Administrative Code, or rules adopted under division (A), (B), (C), or (D) of section 903.10 of the Revised Code.

(C) Upon observation of noncompliance by the department of agriculture, the director will conduct an investigation and any violations discovered will be described in a report.

(D) If the investigation or inspection report indicates a violation, the director shall do the following:

(1) Evaluate the facts established by the report.

(2) Commence enforcement action commensurate with the nature and degree of the violation and consistent with the requirements of sections 903.16, 903.17, and 903.99 of the Revised Code.

(E) Penalties. Penalties assessed by the director will be commensurate with the nature and degree of the violation. Penalties will be assessed in accordance with sections 903.16 and 903.17 of the Revised Code and rule 901:10-5-04 of the Administrative Code.

Last updated January 2, 2025 at 8:23 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-05

(A) If the director determines that an emergency exists requiring immediate action to protect the public health or safety or the environment, the director may issue an order without notice or adjudication hearing stating the existence of the emergency and requiring that action be taken that is necessary to meet the emergency. The order shall take effect immediately. A person to whom the order is directed shall comply immediately. A danger to public health, safety or the environment may include, but is not necessarily limited to, the following situations:

(1) When discharge threatens public or private drinking water supplies;

(2) When discharge threatens waters of the state;

(3) When the discharge directly causes flooding of residential housing, commercial property or industrial property, where direct use of the property would be hazardous to public health; and/or

(4) Other situations as determined by the director upon consultation with state and/or local environmental protection or health agencies.

(B) Following receipt of the emergency order, the owner or operator shall comply with the order. The order shall take effect immediately, however, the owner or operator shall be afforded the opportunity for a hearing in accordance with paragraph (C) of this rule.

(C) On application to the director, the owner or operator shall be afforded an adjudication hearing in accordance with Chapter 119. of the Revised Code as soon as possible and not later than thirty days after application. The director's order is appealable in accordance with section 119.12 of the Revised Code. The applicant shall provide the following information to the director in writing or by telephone:

(1) A statement requesting an adjudication hearing;

(2) The date when the order was issued; and

(3) The business or home address and phone number where the owner, operator or representative can be reached during business hours.

(D) On the basis of the hearing, the director or his designee shall continue, revoke or modify the order. If the owner or operator does not request a hearing, the emergency order may remain in effect for one hundred twenty days after its issuance. An order issued following an adjudicatory hearing shall not be considered an emergency order. The appeal provisions described in paragraph (C) of this rule shall apply.

(E) A person responsible for causing or allowing an unauthorized release, spill or discharge of manure is liable to the director for any costs incurred in investigating, mitigating, minimizing, removing, abating the spill, release or discharge or other acts or events that resulted in the emergency and the emergency order. If no attempt is made to repay the director for costs incurred or damages assessed within that time, the director may request the attorney general to bring a civil suit against the person responsible to recover costs and any assessed damages. Reimbursed costs shall be deposited into the livestock management fund.

(F) Livestock management fund. Funds deposited in the livestock management fund created under section 903.19 of the Revised Code shall be used for paying the costs for emergency actions. In addition to paying the costs incurred by the director under section 903.18 of the Revised Code, the director may make disbursements from the fund for any costs incurred by the department in investigating, mitigating, minimizing, removing, abating the release, spill or discharge or other acts or events that resulted in the emergency or the emergency order.

Last updated September 14, 2023 at 10:54 AM

History

• Effective: January 23, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-04

(A) Civil penalty rules applicability.

This rule applies to concentrated animal feeding facilities, and certified livestock managers.

(B) Consolidation.

Each and every day of violation of any rule or statute of Chapter 903. of the Revised Code is a separate and distinct offense, and in cases of continuing violations, each day's continuance is a separate and distinct violation unless otherwise determined by the department or unless the violations are of division (C) of section 903.06 or division (A) of section 903.07 of the Revised Code. Proceedings for the assessment of multiple civil penalties for multiple violations against an owner or operator of a concentrated animal feeding facility or certified livestock manager may be consolidated into a single proceeding.

(C) Hearing procedures.

All adjudication hearings concerning violations cited in accordance with section 903.16 and section 903.17 of the Revised Code shall be conducted in accordance with Chapter 119. of the Revised Code. The director may consider the factors listed in paragraph (D)(1) of this rule in the adjudication hearing as presented by the parties.

(D) Civil penalty assessment.

The amount of a civil penalty shall be determined by the reasonable exercise of the director's discretion in considering the following factors

(1) The economic benefit gained by the violator (if any) resulting from the violation.

(2) Acts of nature or acts of third parties that resulted in or contributed to violations.

(3) Any history of such violations, including recalcitrance resulting in costs incurred by the director to enforce any previously issued final orders of the director.

(4) Any good-faith efforts to comply with applicable requirements.

(5) Any supplemental environmental projects that may be undertaken by the owner or operator of a concentrated animal feeding facility or a certified livestock manager to off-set some of the amount of civil penalty payable to the livestock management fund if the director finds that any project may enhance the owner's or the operator's, or the certified livestock manager's compliance by undertaking a project that is beyond any work or activities required by law or if the director agrees that any proposed supplemental environmental projects will enhance the environment.

(6) The seriousness or magnitude of the violation or violations.

(7) The gravity of effect of the violation or violations.

(8) Such other matters as justice requires.

(E) Penalty matrix.

(1) Applicability.

The director may use the penalty matrix contained in this paragraph to modify a penalty amount derived from paragraph (D) of this rule by following this procedure:

(a) Determine the magnitude or seriousness of the violation as specified in paragraph (E)(2) of this rule;

(b) Determine the gravity of effect pertinent to the violation as specified in paragraph (E)(3) of this rule; and

(c) Determine whether the violation is the first violation or past violation, and modify the penalty amount by reference to the appropriate matrix contained in paragraphs (F) to (K) of this rule.

(2) Categories of magnitude or seriousness.

(a) Category I (major):

(i) A violation of a department order issued as part of or in connection with a formal enforcement action;

(ii) Failure to provide access to premises or records when required by statute, rule or order;

(iii) Any discharge of manure that enters the waters of the state, either without a permit or from a point source not authorized by a permit unless the discharge has been reported as an emergency in accordance with rule 901:10-2-17 of the Administrative Code or unless the discharge is an agricultural stormwater discharge as defined in paragraph (D) of rule 901:10-1-01 of the Administrative Code;

(iv) Submitting records, reports or application forms which are false, misleading, or fraudulent;

(v) Failure to provide notification of a known spill or upset condition that results in a non-permitted discharge into waters of the state;

(vi) Failure to comply with division (A) of section 903.07 of the Revised Code;

(vii) The presence of insects or rodents indicating a failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(viii) Failure to apply for applicable permits;

(ix) Installing or operating facilities regulated under Chapter 903. of the Revised Code prior to issuance of applicable permits;

(x) Failure to provide corrections specified by the director on any applicable permits; or

(xi) Upon completing construction authorized by a permit to install, failure to comply with paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code.

(b) Category II (moderate):

(i) Failure to submit a plan or report if required by permit or rule;

(ii) Placing manure such that manure is likely to enter the waters of the state by any means;

(iii) Any violation of a department rule or order that is not classified elsewhere in these rules as major or minor or any failure to operate in accordance with approved best management practices;

(iv) Failure to maintain the freeboard requirements of approved best management practices; or

(v) Failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(c) Category III (minor):

(i) Any violation of record keeping requirements in approved best management practices.

(ii) Failure to maintain records in accordance with rule 901:10-2-16 of the Administrative Code.

(3) Gravity.

The gravity of effect of the violation will be determined by consideration of the individual or cumulative possibility of harm to the public health or the environment caused by a violation or violations. Gravity of effect will be classified as high, medium or low. The existence of one or more factors determined to be high level will result in the gravity of effect considered to be of high level. Lacking any factor determined to be of high level, the existence of one or more factors of medium level will result in the gravity of effect to be considered of medium level. Lacking any factor of high or medium level will result in the gravity being of low level:

(a) Gravity of effect high level:

(i) Significant risk of injury or actual injury to wildlife;

(ii) Surface or groundwater contamination of a level that poses a significant risk of harm to public health or the environment; or

(iii) High risk of or actual zoonotic disease transmission as determined by the director upon consultation with federal, state or local health agencies.

(b) Gravity of effect medium level:

(i) Surface or groundwater contamination that causes short-term impact but does not meet the criteria of high level gravity of effect yet exceeds the definition of low gravity of effect and does not pose a significant threat to human health or the environment; or

(ii) Insect and rodent populations in excess of target levels posing potential off-site impacts or posing a lower risk of zoonotic disease transmission.

(c) Gravity of effect low level:

(i) Surface water contamination not found or not found at a level in excess of applicable water quality standards; or

(ii) Insect and rodent populations not found off-site but not in compliance with the approved plan for the facility.

(F) Civil penalty matrix for first violation of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to and including $10,000 | Up to $3,200 | Up to $1,600 | | Category II (Moderate) | Up to $2,400 | Up to $1,600 | Up to $800 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(G) Civil penalty matrix in the event of past violations of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $6,000 | Up to $3,200 | | Category II (Moderate) | Up to $6,000 | Up to $3,200 | Up to $1,600 | | Category III (Minor) | Up to $3,000 | Up to $1,600 | Up to $400 |

(H) Civil penalty matrix for insect and rodent control plans. As set forth in division (C) of section 903.10 of the Revised Code, the director may use this penalty matrix to assess a preliminary penalty amount for enforcement of section 903.06 of the Revised Code and will exercise reasonable discretion in accordance with paragraph (D) of this rule.

Concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of Effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category II (Moderate) | Up to $2,500 | Up to $1,500 | Up to $500 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(I) Concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $5,000 | Up to $2,000 | | Category II (Moderate) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category III (Minor) | Up to $2,000 | Up to $1,000 | Up to $500 |

(J) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $12,500 | Up to $7,500 | Up to $4,000 | | Category II (Moderate) | Up to $7,500 | Up to $4,500 | Up to $2,500 | | Category III (Minor) | Up to $4,000 | Up to $2,500 | Up to $1,500 |

(K) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $25,000 | Up to $15,000 | Up to $7,500 | | Category II (Moderate) | Up to $15,000 | Up to $9,000 | Up to $4,500 | | Category III (Minor) | Up to $7,500 | Up to $4,500 | Up to $2,500 |

Last updated June 25, 2025 at 11:13 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Chapter 901:10-3 NPDES Permits

Ohio Adm.Code 901:10-3-01 Additional requirements for a NPDES permit application.

(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.

(C) Any person who discharges or proposes to discharge pollutants and who does not have an effective NPDES permit, except persons covered by a general NPDES permit, must submit a complete application to the director in accordance with this rule. The director shall not issue a NPDES permit before receiving a complete application for a NPDES permit except NPDES general permits. An application for a NPDES permit is complete when the director receives an application form and any supplemental information which are completed to his or her satisfaction. All applicants for NPDES permits must provide the following information to the director:

(1) The activities conducted by the applicant, which require it to obtain a NPDES permit;

(2) The following information about the applicant's facilities:

(a) Information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, chickens other than layers, 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) The types of manure storage areas, waste containment areas, and total capacity for manure storage (tons/gallons);

(c) The total number of acres under control of the applicant available for land application of manure;

(d) Estimated amounts of manure generated per year (tons/gallons);

(e) Estimated amounts of manure transferred to other persons per year (tons/gallons); and

(f) For operations that must seek coverage under a permit after December 31, 2006, certification that a nutrient management plan has been completed and will be implemented upon the date of permit coverage.

(3) The name and address of the owner and operator and information required by paragraph (C)(1) of rule 901:10-2-01 of the Administrative Code;

(4) Whether the operation is located on Indian lands;

(5) A listing of all permits or construction approvals received or applied for under any of the following programs:

(a) Hazardous waste management program under the Resource Conservation and Recovery Act (RCRA);

(b) Underground injection control (UIC) program under the Safe Drinking Water Act (SDWA);

(c) The "Prevention of Significant Deterioration" (PSD) program under the Clean Air Act;

(d) Non-attainment program under the Clean Air Act;

(e) "National Emissions Standards for Hazardous Pollutants" (NESHAPS) preconstruction approval under the Clean Air Act;

(f) Dredge or fill permits under section 404 of the Clean Water Act;

(g) Other relevant environmental permits, including state permits;

(6) Latitude and longitude of the production area (entrance to the production area); and

(7) A topographic map of the geographic area in which the concentrated animal feeding operation is located showing the specific location of the production area.

(D) Purpose and applicability of the individual NPDES permit.

Persons that have been issued a NPDES permit by the director are required to comply with the following requirements as determined by the director:

(1) Rule 901:10-3-10 of the Administrative Code;

(2) Rules 901:10-3-02 to 901:10-3-06 of the Administrative Code;

(3) Applicable water quality standards adopted under section 6111.041 of the Revised Code;

(4) National standards of performance for new sources;

(5) The antidegradation policy adopted under section 6111.12 of the Revised Code;

(6) Other applicable requirements of the act; and,

(7) The terms of the concentrated animal feeding operation's manure management plan. For purposes of NPDES permitting, the terms of the manure management plan are the information, protocols, best management practices, and other conditions in the manure management plan determined by the director to be necessary to meet the following requirements:

(a) Ensure adequate storage of manure, including procedures to ensure proper operation and maintenance of manure storage or treatment facilities. These requirements include the operating levels, freeboard, and inspections for manure storage or treatment facilities established in the manure management plan pursuant to paragraphs (D)(1) to (D)(3) and (D)(5) to (D)(7) of rule 901:10-2-08 of the Administrative Code;

(b) Ensure proper management of livestock mortalities as required in paragraph (A)(4)(m) of rule 901:10-2-08 and rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge of pollutants from mortalities to waters of the state and no disposal in a manure or storm water storage or treatment facility that is not specifically designed to treat animal mortalities;

(c) Ensure that clean water is diverted, as appropriate, from the production area, in accordance with paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(d) Prohibit direct contact of confined animals with waters of the state as required in paragraph (A) of rule 901:10-2-08 of the Administrative Code;

(e) Ensure that chemicals and other contaminants handled on-site are not disposed of in any manure or storm water storage or treatment facility that is not specifically designed to treat such chemicals and other contaminants, as required by paragraph (D)(4) of rule 901:10-2-08 of the Administrative Code;

(f) Identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state, as required in paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(g) Identify the protocols for appropriate testing of manure and soil as required in rules 901:10-2-10 and 901:10-2-13 of the Administrative Code;

(h) Identify specific records that will be maintained as required by paragraphs (A)(1)(a) to (A)(1)(f), (A)(1)(k) to (A)(1)(l), (A)(2), (A)(3)(b) to (A)(3)(s), and (A)(6) of rule 901:10-2-16 of the Administrative Code, to the extent they are applicable to the facility's manure management plan;

(i) Establish protocols to land apply manure in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure. The terms of the manure management plan, with respect to protocols for land application of manure, include the land application areas identified as available pursuant to paragraph (C) of rule 901:10-2-09 of the Administrative Code; the field-specific rates of application properly developed, pursuant to the requirements of rule 901:10-2-14 of the Administrative Code, to ensure appropriate agricultural utilization of the nutrients in the manure; and any timing limitations identified in the manure management plan concerning land application on the land application areas. The terms must address rates of application using the approach set forth below, consistent with the requirements of rule 901:10-2-14 of the Administrative Code.

(i) The terms include the maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the manure management plan, in chemical forms determined to be acceptable to the director, in pounds per acre, for each land application area, and certain factors necessary to determine such amounts. At a minimum, the factors that are terms must include: the outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field determined pursuant to paragraphs (D) and (E) of rule 901:10-2-14 of the Administrative Code; the planned crops to be planted in each field or any other uses such as pasture or fallow fields (including alternative crops identified in accordance with paragraph (D)(1)(g)(ix)(b) of this rule; the realistic yield goal for each crop or use identified for each land application area; and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop or use identified for each field. In addition, the terms include the methodology by which the manure management plan accounts for the following factors when calculating the amounts of manure to be land applied: results of soil tests; credits for all nitrogen in the field that will be plant available; the amount of nitrogen and phosphorus in the manure to be applied; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; the form and source of manure; the timing and method of land application; and volatilization of nitrogen and mineralization of organic nitrogen. The methodology that must be used to account for each of these factors is set forth in rules 901:10-2-13 and 901:10-2-14 of the Administrative Code.

(ii) The terms of the nutrient management plan include alternative crops identified in the concentrated animal feeding operation's manure management plan that are not in the planned crop rotation. Where a concentrated animal feeding operation includes alternative crops in its manure management plan, the crops must be listed by land application area, in addition to the crops identified in the planned crop rotation for that land application area, and the manure management plan must include realistic crop yield goals and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of manure to be applied must be determined in accordance with the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule.

(iii) The following projections must be included in the manure management plan submitted to the director, but are not terms of the nutrient management plan: The concentrated animal feeding operation's planned crop rotations for each field for the period of permit coverage; the projected amount of manure to be applied; projected credits for all nitrogen in the field that will be plant available; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; and the predicted form, source, and method of application of manure, litter, and process wastewater for each crop. Timing of application for each field, insofar as it concerns the calculation of rates of application, is not a term of the manure management plan.

(iv) Concentrated animal feeding operations must calculate maximum amounts of manure to be land applied at least once each year using the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule before land applying manure and must rely on the following data:

(a) A field-specific determination of soil levels of nitrogen and phosphorus, including, for nitrogen, a concurrent determination of nitrogen that will be plant available consistent with the methodology required by paragraph (D)(1)(g)(ix)(a) of this rule, and for phosphorus, the results of the most recent soil test conducted in accordance with the soil testing requirements set forth in rule 901:10-2-13 of the Administrative Code; and

(b) The results of most recent representative manure tests for nitrogen and phosphorus taken within twelve months of the date of land application in accordance with rule 901:10-2-10 of the Administrative Code, in order to determine the amount of nitrogen and phosphorus in the manure to be applied.

(E) In establishing the terms and conditions of the NPDES permit, the director, to the extent consistent with the act, shall consider technical feasibility and economic costs and shall allow a reasonable period of time for coming into compliance with the permit.

(F) In addition to conditions required in all permits to meet the requirements of rule 901:10-3-10 of the Administrative Code, the director shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the act and regulations. These shall include conditions under 40 CFR sections 122.44, 122.46, 122.47, 122.48 and 40 CFR Part 132 which establishes compliance schedules and authority to set interim compliance dates.

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-02

(A) Requirements for an individual permit to install and an individual permit to operate:

(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 complete application for a permit to installor a permit to operate must include:

(a) All required information as set forth in Chapter 901:10-2 of the Administrative Codewhich shall accompany the application.

(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.

(3) An application for a permit to install and a permit to operate shall include information on ownership and background, including but not limited to, the following information:

(a) The name, mailing address and location of the facility for which the permit to install and permit to operate application is submitted;

(b) The name, address, telephone number and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or all officers and directors if the owner is a corporation, and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner;

(c) The name, mailing address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, director, or managers of the operator;

(d) 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 owner or operator 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 application and the permit to operate application are submitted simultaneously as provided in paragraph (A)(1) of this rule, then the following information is sufficient to satisfy the requirements of the permits:

(i) A list of all animal feeding facilities, including concentrated animal feeding facilities, that the owner or operator of the proposed new or modified concentrated animal feeding facility owns, has owned, has operated or is operating in the state of Ohio. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(ii) A list of all animal feeding facilities, including concentrated animal feeding facilities that the owner or operator owns, has owned, 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 animal feeding facilities and concentrated animal feeding facilities that the owner or operator owns, has owned, has operated, or is operating outside the United States. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(iii) The lists of animal feeding facilities and concentrated animal feeding facilities owned or operated by the owner or operator within or outside the state of Ohio or outside the United States shall include, respectively, all such facilities owned or operated by the owner or operator during the five year period immediately preceding the submission of the application;

(iv) A list of all administrative enforcement orders, that includes the order title, jurisdiction, and case number, issued to the owner or operator, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States;

(v) A list of all civil actions, that includes the action title, jurisdiction, and case number, 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 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States; and

(vi) A list of all criminal actions, that includes the action title, jurisdiction, and case number, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States.

(4) 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.

(5) 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.

(6) An application for a permit to install for 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.

(7) A certification statement signed by the facility owner that reads: "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."

(8) 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, along with an additional copy for each permit required.

(b) The director shall not begin processing a permit application until the applicant has fully complied with the application requirements for the permit in accordance with paragraph (A)(2) of this rule.

(c) Permit applications must comply with the signature and certification requirements of this rule.

(d) If an owner or operator 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 Chapter 903. of the Revised Code and rules promulgated thereunder.

(B) The owner or operator shall maintain a copy of the current permit to install and permit to operate issued by the department.

(C) Duration and renewal.

(1) Permit to install.

(a) A permit to install shall expire after twenty-four months from the date of issuance unless the owner or operator has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(b) The director may extend the expiration of a permit to install upon request of the owner or operator. An extension, if approved, will be valid for twelve months from the previous expiration date of the permit to install.

(c) Any further extensions are at the discretion of the director.

(2) Permit to operate.

(a) A permit to operate shall be valid for a period of five years.

(b) A permit to operate may be renewed. An application for renewal of a permit to operate shall be submitted to the director at least one hundred eighty days prior to the expiration date of the permit to operate and comply with the requirements governing application for permits to operate that are established by rules, including rules 901:10-2-07 to 901:10-2-20 of the Administrative Code.

(c) An owner or operator who timely submits an application for renewal of a permit to operate to the director in compliance with paragraph (C)(2)(b) of this rule, may continue operating under the terms and conditions of the expired permit until the director issues a final permit to operate in accordance with section 903.09 of the Revised Code.

(D) A permit to operate application or a permit to install application will be acted upon not later than ninety days after receipt of a complete application as provided by paragraph (A)(8) of this rule. The director may provide guidance and technical assistance to the owner or operator, provided that the owner or operator is responsible for compliance with the permit and the director shall not be precluded from pursuing enforcement against the owner or operator for violations of Chapter 903. of the Revised Code and the rules promulgated thereunder.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-08

(A) The manure management plan shall specify the frequency of inspections to be conducted by the owner or operator at the manure storage or treatment facility; and

(B) The owner or operator shall maintain a list of equipment used, including land application equipment and a written chronological record of the dates of inspections, maintenance, calibration monitoring and repairs that shall be maintained in the operating record required by rule 901:10-2-16 of the Administrative Code and be made readily available during an inspection of the facility. These records shall also be made available at the request of the director. All repairs shall be completed promptly. The department shall inspect any major structural repairs; and

(C) The owner or operator must periodically inspect equipment used for land application of manure, litter, or process wastewater for leaks, including manure transfer or transportation equipment.

(D) At a minimum, the following must be inspected, performed, monitored or maintained at the manure storage or treatment facility and documented in the operating record:

(1) The operating level of manure treatment lagoons and manure storage ponds. The operating level must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional one foot of freeboard.

(2) The operating level of fabricated structures must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional six inches of freeboard, unless the fabricated structure is designed and maintained for solid manure and is not subject to precipitation.

(3) For paragraphs (D)(1) and (D)(2) of this rule, the maximum operating level shall not exceed that specified in the manure management plan.

(4) Inspect in order to confirm that domestic and industrial wastewater from showers, toilets, sinks, medical wastes, chemicals and other contaminants etc., handled on-site are not discharged into the manure storage or treatment facility unless designed and permitted to do so.

(5) Manure storage or treatment facilities under the control of the owner or operator shall be inspected for evidence of erosion, leakage, animal damage, cracking, excessive vegetation, or discharge.

(6) Inspect liquid manure volume weekly and note in the operating record the level of liquid manure in manure storage or treatment facilities by the depth marker required in paragraph (D)(15) of this rule.

(7) Document in the operating record procedures to ensure proper operation and maintenance of liquid manure in storage or treatment facilities, when manure and manure residuals are removed from the manure storage pond or manure treatment lagoon. The owner or operator shall take care to prevent damage to lagoon or pond dikes and liners when manure residuals are removed.

(8) Inspect to determine that all stormwater conveyances are maintained to keep stormwater runoff from the surrounding property and buildings diverted away from the manure treatment lagoons and manure storage ponds to prevent any unnecessary addition to the liquid volume in these structures, unless they are designed for such runoff containment. Identify appropriate buffer strips or equivalent practices, to control runoff of manure to waters of the state, and divert clean water, as appropriate, out of the production area.

(9) Conduct inspections of stormwater or diversion devices weekly and following significant rain events, runoff diversion structures, or other devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon and note proper operation and maintenance in the operating record.

(10) Inspect the protective vegetative cover and any other approved means or materials for erosion control to determine that cover is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.).

(11) Ensure that any emerging vegetation such as trees, shrubs and other woody species shall not be allowed to grow on the pond or lagoon dikes or side slopes. Pond or lagoon areas are to be kept mowed or otherwise maintained and accessible unless these areas are grassed waterways or buffers that manage precipitation and runoff.

(12) Surface water and groundwater protection.

(a) Conduct annual sampling and analysis of ground water for nitrates and total coliform from an existing well as described by paragraph (A)(2)(h) or (B)(7) of rule 901:10-2-03 of the Administrative Code. In the event that a well does not already exist at the facility and the operation is not an operation as described in paragraph (A)(1) of rule 901:10-2-03 of the Administrative Code or is not served by a public water system as defined by paragraph (XXX) of rule 901:10-1-01 of the Administrative Code, then the owner or operator shall install a well at the facility that is properly located, protected and operated. The well shall be easily accessible for sampling and have an adequate water quantity for sampling.

(b) The director may require additional sampling, including but not limited to, ground water samples from any additional ground water monitoring wells installed as required in paragraph (C)(2) of rule 901:10-2-03 of the Administrative Code.

(c) The director may require samples of manure discharges from the production area that may occur.

(d) The director may require monitoring or sampling, or both, of subsurface perimeter drains around manure storage or treatment facilities; and

(e) Results of sampling and analysis shall be documented in the operating record and, for manure discharges from the production area, results shall also be recorded in the annual report submitted to the director in accordance with rule 901:10-2-20 of the Administrative Code.

(13) Ensure proper management of dead livestock as required by rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge to surface waters of the state and no disposal in a manure storage or treatment facility that is not specifically designed to treat animal mortalities.

(14) Inspect drinking water lines daily, including drinking water or cooling water lines that are located above ground, readily visible or accessible for daily inspections, and record observations in the operating record weekly.

(15) The following manure storage or treatment facilities must have a depth marker or other appropriate device as approved by the director in accordance with rule 901:10-2-05 or 901:10-2-06 of the Administrative Code which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the twenty-five year, twenty four hour rainfall event:

(a) Any manure storage or treatment facility containing liquid manure.

(b) Any manure storage or treatment facility that is not covered.

(16) Inspect infrastructure and implementation of best management practices that ensure confined animals will not have direct contact with waters of the state.

(E) The director may determine that the monitoring required in paragraphs (D)(6), (D)(14), and (D)(15) of this rule may use alternative monitoring devices. Alternative monitoring devices include, but are not limited to, sensors, remote sensors, electronic alarms, wireless receivers, other real time warning systems, or other flow control structures, or other steady state overflow structures.

(1) The owner or operator shall identify the alternative monitoring devices in the manure management plan submitted to the director. In approving the manure management plan, the director may approve the alternative monitoring devices.

(2) The director may notify the owner or operator in writing to cease use of alternative monitoring devices if at any time that the director or the director's representative find that the operating record and documents maintained as required by this rule contain false or misleading information.

(F) Any deficiencies found as a result of the inspections conducted under this rule are to be corrected as soon as possible and listed in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

Last updated January 5, 2026 at 10:25 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-11

(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.

(B) All of the information in paragraphs (A)(1) to (A)(3) of this rule shall be recorded in the operating record as described in rule 901:10-2-16 of the Administrative Code.

(C) An estimated amount of total manure transferred to other persons by the owner or operator in the previous twelve months (tons/gallons) shall be reported in the annual report required by rule 901:10-2-20 of the Administrative Code, as well as the operating record.

(D) If the owner or operator is notified by the director, or otherwise becomes aware that the recipient is not in compliance with rule 901:10-1-06 of the Administrative Code or best management practices set forth in Chapter 1501:15-5 of the Administrative Code or with other applicable laws and rules, the owner or operator shall cease providing manure to the recipient until written authorization to continue is provided by the department.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-13

(A) 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:

(1) 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.

(2) 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: https://www.canr.msu.edu/uploads/234/68557/rec_chem_soil_test_proce55c.pdf.

(3) 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.

(4) The manure management plan shall specify the soil sampling frequency in accordance with the following requirements:

(a) A land application area that receives manure shall be soil tested, at a minimum, once every three years; and

(b) If any land application area is used by the owner or operator for land application of manure, the land application area shall not be sampled within the six months following manure application.

(B) Results of the soil sampling events in paragraphs (A)(1) to (D)(4) of this rule shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code and include the location of the soil sample collection site, the depth of the sample collected and the analysis.

(C) In developing appropriate manure application rates for land application methods in accordance with rule 901:10-2-14 of the Administrative Code, the owner or operator shall use the Mehlich III soil test level or equivalent appropriate phosphorus soil test, (Bray P1, Olsen, phosphorus retention test), or other test methods approved by the director. The owner or operator shall choose a phosphorus soil test method and identify the selected method in the manure management plan.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-16

(A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.

The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) The manure storage or treatment facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the Administrative Code, including:

(a) Measurements of manure volume and the depth of liquid manure in manure storage or treatment facilities by the depth marker or other appropriate device as approved by the director in accordance with rules 901:10-2-05 and 901:10-2-06 of the Administrative Code as required by rule 901:10-2-08 of the Administrative Code.

(b) Records of inspections of the structural integrity and vegetative management systems of the manure storage or treatment facility taken at intervals specified in the manure management plan and including evidence of erosion, leakage, animal damage, and problems of emerging vegetation.

(c) Records of measurements of current storage capacity remaining in any manure storage and treatment facility, based upon inspections conducted at intervals specified in the manure management plan. Records shall include volume of solids accumulation, design treatment volume, total design storage volume, and approximate number of days remaining until manure reaches maximum operating level as specified in the manure management plan.

(d) Records of inspections of stormwater conveyances, diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon.

(e) Records of inspections of the protective vegetative cover that is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.)

(f) Implementation dates of those best management practices necessary to operate and maintain settling basins, grass filtration or soil infiltration systems or diverting clean water and roof water away from the production area.

(g) Records of groundwater sampling and analysis and any surface water sampling and analysis. This also includes any records associated with monitoring or sampling of subsurface perimeter drains around manure storage or treatment facilities.

(h) Records required in rule 901:10-2-19 of the Administrative Code for the insect and rodent control plan.

(i) Records of inspections of water lines located above ground and readily accessible or visible for daily inspection, including drinking water or cooling water lines.

(j) Records of actions taken to correct any deficiencies found as a result of inspections conducted in the production area. If actions were not taken within thirty days of discovery, then the operating record shall record the reasons explaining why corrections could not be made immediately.

(k) Records of the date, time, and estimated volume of any overflow or discharge from the production area.

(2) Manure characterization data, test methods, results, and other information as required in paragraph (E) of rule 901:10-2-10 of the Administrative Code.

(3) Land application area records shall be recorded and maintained in the operating record. Records for each land application area shall include:

(a) The owner or operator shall maintain or have access to adequate land application equipment and record this in the operating record. All land application equipment, including manure transfer or transportation equipment, shall be routinely monitored to ensure the equipment is not leaking, causing a spill or discharge.

(b) The owner or operator shall list or otherwise describe those acres of land in the operating record for land application of manure, whether the land is owned or leased. Land application areas identified in the manure management plan shall be accompanied by a map.

(c) The owner or operator shall identify appropriate site-specific conservation practices that are or will be implemented at a land application area, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state.

(d) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, document the periodic observations of the subsurface drain outlets and concentrated surface flow areas for liquid manure flow during and after application in the operating record.

(i) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(ii) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(e) When liquid manure is applied to a land application area with a subsurface drain, document the use of drain outlet plugs or other devices in the operating record.

(f) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(g) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(h) Records of the cropping schedule for each land application area for the past year, planned crops for the current year, and anticipated crops for the next two years after the current year.

(i) Targeted crop yield for each crop in each land application area based on:

(i) Soil productivity information;

(ii) Historical yield data;

(iii) Potential yield; or

(iv) Combinations of yield data.

(v) An additional ten per cent may be added to the potential and/or historical yields to account for improvements in management and technology.

(vi) When historical yield data is not available a realistic yield may be based on local research or on yields from similar soils and/or cropping systems in the area.

(vii) For new or potential crops or varieties, industry yield estimates may be used until actual yields are available for documentation in the operating record.

(j) Actual yield, if available.

(k) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(l) Date, rate, quantity and method of application of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(m) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(n) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(o) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation, and wind speed and direction.

(p) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(q) Implementation dates of those best management practices necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation, cover crops or residue management in accordance with paragraphs (B) to (E) of rule 901:10-2-14 of the Administrative Code.

(r) Record the annual projected nutrient budget for nitrogen and phosphate for each land application site for the plant production sequence and/or crop rotation.

(s) Records shall be maintained of annual calibration of land application equipment.

(4) Unless otherwise recorded with the insect and rodent control plan implementation or land application records, records of inspections and actions taken at manure stockpile or manure transfer sites.

(5) The records for implementation of distribution and utilization methods, if used, shall include:

(a) Quantity of manure transferred off-site for each twelve month period (tons/gallons);

(b) Date of off-site transfer for distribution;

(c) Name, certified livestock manager or agricultural fertilizer applicator certification certificate number and address of recipient of manure;

(d) Record that the recipient was provided with a copy of the appendices A, and B to rule 901:10-2-14 of the Administrative Code, a copy of the most recent manure analysis consistent with the rules; and

(e) An acknowledgment between the owner and operator and the manure recipient pursuant to rule 901:10-2-11 of the Administrative Code.

(6) Disposal of dead livestock. The records for implementing the plan for the disposal of dead livestock shall include, but not be limited to:

(a) The disposal method used for removal of dead livestock;

(b) A record of the date and time of inspection of each facility; and

(c) Those best management practices necessary to implement the disposal of dead livestock.

(7) Records shall be maintained documenting the implementation of best management practices used to ensure that confined animals will not have direct contact with waters of the state.

(B) Records shall be generated by certified livestock managers to comply with the requirements of rule 901:10-1-06 of the Administrative Code. The operating records shall be maintained on forms approved for use by the department. A certified livestock manager employed by a major concentrated animal feeding facility may use the major concentrated animal feeding facility's operating record to comply with the requirements of this rule and rule 901:10-1-06 of the Administrative Code, to the extent the records required to be kept by the certified livestock manager are already maintained in the facility's operating record. The operating record for a certified livestock manager shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) Records shall be maintained for each land application area.

(2) The certified livestock manager shall list or otherwise describe the acres of land for land application of manure. Description shall include, but is not limited to, maps identifying the land application area.

(3) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, documentation shall be made of the periodic observations of subsurface drains, drain outlet plugs, drain outlets or other devices for liquid manure flow during and after application in the operating record. Monitoring of concentrated surface flow areas during and after application shall also be documented.

(a) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(b) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(4) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(5) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test risk assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(6) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(7) Date, rate, quantity and method of application sources of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(8) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(9) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(10) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation and wind speed and direction.

(11) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(12) Records shall be maintained of annual calibration of land application equipment.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-18

(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 under a permit to operate or a "NPDES" permit 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 with 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 the entire 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 the entire 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) The timing and description of methods to be used to remove 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 for this type of closure.

(2) If animal housing buildings are closed or if the design capacity of the facility will be reduced due to the closure of animal housing buildings, then the owner or operator shall submit a closure plan for the director's approval at least ninety days before the closure. Thereafter, the owner or operator shall implement a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the animal housing buildings will be closed or how the design capacity of the facility will be reduced. This explanation may include, but is not limited to, the following information:

(i) A description of the reduction of animals per cage, pen, lot, or barn or description of the building closure;

(ii) The reason for the reduction or building closure; and

(iii) Assurance that the reduction or building closure is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(3) If the design capacity of the facility will be reduced so that the facility is no longer required to be covered under a permit to operate or an NPDES permit, but there will be no actual closure of any housing buildings or of a manure storage or treatment facility, then the owner or operator shall, at least ninety days before such reduction, submit for the director's approval, and thereafter shall implement, a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the design capacity of the facility will be reduced without any closure of a housing building. This explanation would include information such as, but not limited to: a description of the reduction of animals per cage, pen, lot or barn, reason for reduction, assurance that the reduction is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) If a closure of the facility involves a part of the facility being transferred to a different owner, then the owner of the permitted facility must provide the following:

(i) A copy of a revised site map showing new property lines and new ownership of each parcel;

(ii) A copy of any new deed; and,

(iii) Documentation that demonstrates how the facility, after the land transfer, will no longer meet the definition of either a concentrated animal feeding facility or a concentrated animal feeding operation.

(d) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(D) If a permittee seeks to close permanently a manure storage or treatment facility or to close the entire facility temporarily without terminating permit coverage, the permittee 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 the entire facility or a portion of 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 or part of a manure storage or treatment facility at 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 or part of the manure storage or treatment facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove all manure from the discontinued portions of the manure storage or treatment facility.

(c) Removal of all associated appurtenances and conveyance structures from discontinued 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) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(f) 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 for this type of closure.

(2) If a concentrated animal feeding facility or a concentrated animal feeding operation is to be temporarily closed or discontinued, the owner or operator shall implement a closure plan that addresses the temporary closure of the facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove manure from the manure storage or treatment facilities.

(c) 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.

(d) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(e) Any other action necessary to prevent a discharge of manure during the time of the temporary closure, other than agricultural stormwater from application areas.

(3) If the closure would constitute a modification as defined in rule 901:10-1-01 of the Administrative Code, the owner or operator shall apply for a permit modification removing the closed portions of the facility from the permit and recalculating the storage volume for the facility. If applicable, the owner or operator shall also submit an application for a permit to install.

Last updated January 2, 2025 at 8:19 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-09

(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.

(C) To the extent the manure is not managed through distribution and utilization, the manure management plan shall include the total summary of land application areas to be used for the duration of the permit and the land that is available for manure that is generated by the facility. The total summary shall be further characterized as follows:

(1) The total nutrient budget requirements on land application areas under the control of the owner or operator; and

(2) The quantity of commercial fertilizer nutrients or residual nutrients from all sources to be applied on land application areas under the control of the owner or operator for a twelve month period.

Last updated July 29, 2026 at 12:34 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-17

(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.

(B) Procedures for reporting.

(1) The owner or operator shall report by telephone, by call or text message, or by electronic mail to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following:

(a) The times at which the discharge or manure spill occurred and was discovered;

(b) The approximate volume, source and the characteristics of the discharge or manure spillage;

(c) The name or the location and description of the waters of the state affected by the discharge or spillage;

(d) The circumstances which created the discharge or spillage;

(e) The names and telephone numbers of persons who have knowledge of these circumstances;

(f) Those steps being taken to clean up the discharge or spillage; and

(g) The names and telephone numbers of persons responsible for the cleanup.

(2) For any emergency that requires immediate reporting after normal business hours, contact a division representative or the Ohio department of agriculture's emergency telephone number.

(3) If applicable, the owner or operator shall notify the appropriate local authorities.

(4) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence that outlines the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not reoccur. The director may allow for an extension of time or waive the reporting requirement.

Last updated June 25, 2025 at 7:22 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-01

(A) Purpose and applicability of a permit to install.

(1) 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.

(2) Any person who plans to construct 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 not a concentrated animal feeding facility may be required by the director to comply with applicable rules 901:10-2-01 to 901:10-2-06 of the Administrative Code.

(a) If the director has made a determination that the animal feeding facility shall be required to apply for and receive a permit to operate in accordance with section 903.082 of the Revised Code; 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.

(B) Administrative procedures for a permit to install.

(1) In order to obtain a permit to install, the owner or operator shall submit:

(a) A properly completed application in accordance with paragraph (C) of this rule; and

(b) An appropriate fee as stated in rule 901:10-1-04 of the Administrative Code.

(2) The owner or operator may amend the application for a permit to install prior to the conduct of any public meeting that may be held for the draft permit to install and/or while the permit to install application is pending before the director.

(3) The owner or operator shall notify the department prior to beginning actual construction of any manure storage or treatment facility approved in the permit to install.

(4) Upon completion of construction of the manure storage or treatment facility, the owner or operator shall submit a notarized statement certifying that the facility was constructed in substantial compliance with the approved permit to install plans, certified as-built plans, and construction documentation submitted to the department. As-built plans and construction documentation shall be submitted at least fourteen days prior to any proposed stocking of housing barns or intended use of manure storage or treatment facilities. In addition, as-built plans shall be provided by a professional engineer, signed and stamped, if the design plans require a professional engineer as described in paragraph (A)(1) of rule 901:10-2-05 or paragraph (A) of rule 901:10-2-06 of the Administrative Code.

(a) A copy of the completed and approved as-built plans shall be submitted for the permanent record and to demonstrate compliance with the approved permit to install engineering plans and specifications.

(b) In addition to as-built plans, the following shall be submitted where applicable as part of the construction or permit to install:

(i) Any soils investigations, compaction testing, soil bearing confirmation or lab analyses as required by plans.

(ii) Pictures demonstrating construction specifications and details were followed.

(iii) Daily log of construction activity including dates, weather conditions, and work completed.

(iv) Documentation demonstrating concrete mix design and concrete construction and material specifications were in accordance to approved plans.

(v) Any other construction documentation that is required by the approved set of engineering plans or in the permit to install.

(c) After submitting a copy of the completed as-built plans and after the facility is inspected by the director, the director will issue authorization to stock animals or to use a new manure storage or treatment facility and to thereby commence operations in accordance with any permit to operate issued for the facility. Facilitieswill be inspected by the director in a timely manner.

(5) The owner or operator shall maintain a copy of the current permit to install issued by the department.

(6) A permit to install may be modified in accordance with rule 901:10-1-09 of the Administrative Code. The owner or operator shall not modify the concentrated animal feeding facility without obtaining a permit modification.

(C) Contents of an application for a permit to install.

Unless otherwise indicated, an application for a permit to install shall contain the information and criteria as required in rules 901:10-1-02 and 901:10-1-03 of the Administrative Code and shall attach and/or include all of the following information:

(1) The name, address, telephone number, and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or of all officers and directors if the owner is a corporation and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner.

(2) The name, address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, directors, or managers of the operator.

(3) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain.

(4) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of the water utilized and a statement identifying the source of the water.

(5) Copies of recorded water well logs on file with the Ohio department of natural resources division of water and their locations within a one thousand foot radius of the manure storage or treatment facility, as located on a map that includes the well locations.

(6) A scaled map adequate to show detail that includes, but is not limited to:

(a) Approximate overall dimensions of the manure storage or treatment facility;

(b) Property line boundaries of the concentrated animal feeding facility;

(c) Location and siting distances from the manure storage or treatment facility. For purposes of identifying and illustrating the siting criteria, the owner or operator of a concentrated animal feeding facility or a major concentrated animal feeding facility is to submit a document that demonstrates compliance with the siting criteria in rule 901:10-2-02 of the Administrative Code; and

(d) Identify the approximate location of all known subsurface drains within one hundred feet of the proposed manure storage or treatment facility.

(7) The report required by paragraph (C) of rule 901:10-2-03 of the Administrative Code, including the information on the soils, ground water sampling and analysis, hydrology, subsurface geology and topography of the land area used for the manure storage or treatment facility based on the subsurface geological exploration conducted in accordance with rule 901:10-2-03 of the Administrative Code. The report may also include site-specific information and conclusions derived from the site's subsurface geological exploration. If required as a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code, additional groundwater monitoring shall be included.

(8) Designs, plans and detailed engineering drawings for the proposed construction of the concentrated animal feeding facility that comply with rules 901:10-2-02 to 901:10-2-06 of the Administrative Code and include the proposed location of the construction site, and design and construction plans and specifications. Include with the detailed engineering drawings: cross sections, concrete or earthwork specifications, illustrations and profiles for construction of the manure storage or treatment facility in the plans.

(9) Plans for any manure transfer lines that includes the alignment, size, type and installation details of the pipe. Include detailed engineering drawings, material and construction specifications necessary to complete the proposed construction, and the proposed pressure testing that will be completed upon the completion of construction in the plans.

(10) The precipitation runoff and stormwater grading plans required by rule 901:10-2-04 of the Administrative Code.

(11) Manure characterized in accordance with rules 901:10-2-04 and 901:10-2-10 of the Administrative Code.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-10

(A) The following terms and conditions are applicable to "NPDES" permits. The permittee shall comply with all terms and conditions of the "NPDES" permit.

(B) Duty to mitigate. The permittee 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 permittee of a request for permit modification, revocation and reissuance, termination, 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 modification; revocation and reissuance; termination; 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 permittee 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 operations 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.

(I) Duty to provide information. The permittee shall furnish to the department within a reasonable time any information that the department may request to determine whether cause exists for modifying, revoking, and reissuing or terminating the permit or to determine compliance with the permit. The pemittee shall also furnish to the department, upon request, copies of records required by this permit to be kept.

(J) Monitoring and records.

(1) Samples and measurements taken including, but not limited to, samples and measurements of manure, soils, process wastewater and process generated waste water for the purpose of monitoring shall be representative of the monitored activity.

(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and, if applicable, original strip chart recordings or continuous monitoring instrumentation. Copies of reports required by this permit and records of data used to complete the application for this permit shall be retained for a period of at least five years from the date of this permit, the sample, measurement, report or application. This period may be extended by request of the director at any time.

(3) Records of monitoring information shall include:

(a) The date, exact place and time of sampling or measurements;

(b) The individual(s) who performed the sampling or measurements;

(c) The date(s) analyses were performed;

(d) The individual(s) who performed the analyses;

(e) The analytical techniques or methods used; and

(f) The results of such analyses.

(K) Monitoring must be conducted according to rules 901:10-2-10 and 901:10-2-13 of the Administrative Code and according to test procedures approved under 40 C.F.R. part 136 (2012), unless other test procedures have been specified in the permit and approved by the regional administrator. Monitoring must be conducted in accordance with any water quality analytical procedures approved by the director. The permittee shall maintain equipment or lease the equipment or otherwise obtain access to equipment to ensure accurate measurements.

(L) Additional requirements for recording and reporting monitoring results shall be established on a case-by-case basis with a frequency dependent on the nature and effect of the discharge, but in no case less than once per year. All permits shall specify:

(1) Requirements concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(2) Required monitoring including type, intervals and frequency sufficient to yield data which are representative of the monitoring activity including, when appropriate, continuous monitoring; and

(3) Applicable reporting requirements based upon the impact of the regulated activity.

(M) Signatures. All permit applications and reports required by the permit and other information submitted to the director shall be signed and certified as follows:

(1) All permit applications shall be signed as follows:

(a) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or

(b) For a partnership or sole proprietorship: by a general partner for a partnership or the proprietor, respectively.

(2) All reports required by permits and other information requested by the director shall be signed by the person described above or a duly authorized representative of that person. A person is a duly authorized representative of the person described above only if:

(a) The authorization is made in writing by the person described above;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility such as the position of manager, or a position of equivalent responsibility; (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)

(c) The written authorization is submitted to the director; and

(d) Changes to authorization. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying this rule must be submitted prior to or together with any reports, information, or applications to be signed by an authorized representative.

(3) Certification. Any person signing a document under this rule shall make the following certification: "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 the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

(N) Need to halt or reduce activity is not a defense. It shall not be a defense for an permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(O) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

(P) Emergency notification. In an emergency, the permittee shall follow the facility's emergency response plan, which shall include, at a minimum, 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; and

(3) Procedures to be followed in the event of a spill, including actual or imminent discharge to waters of the state. These procedures shall include:

(a) The permittee shall report a spill or discharge by telephone to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence and shall provide the following information:

(i) The time at which the discharge or spillage occurred, if known, was discovered;

(ii) The approximate amount and the characteristics of the discharge or spillage;

(iii) The waters of the state affected by the discharge or spillage;

(iv) The circumstances which created the discharge or spillage;

(v) The names and telephone numbers of persons who have knowledge of these circumstances;

(vi) Those steps being taken to clean up the discharge or spillage;

(vii) The names and telephone numbers of the persons responsible for the cleanup.

(b) For any emergency that requires immediate reporting after normal business hours, the permittee shall use the Ohio department of agriculture's emergency telephone number.

(c) If applicable, the permittee shall notify appropriate local authorities.

(d) The permittee shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence, unless waived, in writing, by the director. On a case-by-case basis, the director may waive the written report if an oral report of a spill was received within twenty-four hours of the incident. This report shall outline the actions taken, proposed to be taken to correct the problem and to ensure that the problem does not recur.

(Q) Twenty-four hour reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within twenty-four hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. A written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. On a case-by-case basis the director may waive the written report if an oral report of a spill was received within twenty-four hours of the incident.

The following shall be included as information which must be reported within twenty-four hours:

(1) Any unanticipated bypass that exceeds any effluent limitation in the permit;

(2) Any upset which exceeds any effluent limitation in the permit; and

(3) Violations of a maximum daily discharge limitation for any of the pollutants listed by the director in the permit to be reported within twenty-four hours. The director may waive the written report on a case-by-case basis for reports if the oral report has been received within twenty-four hours.

(R) Compliance schedules.

(1) The director shall establish conditions, as required and appropriate on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the act and regulations. These shall include conditions under 40 CFR sections 122.44 (1983), 122.46 (1995), 122.47 (2000), 122.48 (1985) and 40 CFR Part 132 (2011). In particular, and when appropriate, the director may include in a permit a schedule of compliance leading to compliance with the CWA and its implementing regulations consistent with the requirements and conditions in 40 C.F.R. 122.47 (2000) which establish compliance schedules and authority to set interim compliance dates.

(2) Reports of compliance or noncompliance with, or any progress reports on, any compliance schedule of the permit shall be submitted fourteen days after each schedule date.

(S) Anticipated noncompliance. The permittee shall give advance notice to the director of any planned changes at the facility that may result in noncompliance with permit requirements.

(T) Bypass means the intentional diversion of manure from any portion of the treatment facility.

(1) Bypass not exceeding limitations. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded but only if it also is for essential maintenance to assure efficient operation.

(2) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least ten days before the date of the bypass.

(3) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in paragraph (Q) of this rule.

(4) Bypasses are prohibited and the director may take enforcement action unless:

(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to be inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of manure, or maintenance during normal periods of equipment downtime. This condition will not be satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass;

(c) The permittee submitted notices as required by paragraph (P) of this rule; and

(d) The director may approve an anticipated bypass after considering its adverse effects if the director determines that the bypass will meet the conditions listed in this rule.

(U) Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

(1) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based effluent limitations if the requirement of paragraph (U)(2) of this rule is met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is a final administrative action subject to judicial review.

(2) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating records, or other relevant evidence that:

(a) An upset occurred and the permittee can identify the cause of the upset;

(b) The permitted operation was at the time being properly operated;

(c) The permittee submitted notice of the upset as required in paragraph (Q) of this rule; and

(d) The permittee complied with any compliance measures required under paragraph (B) of this rule.

(3) In any proceeding to enforce the NPDES permit the permittee seeking to establish the occurrence of an upset has the burden of proof.

(V) Planned changes. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

(1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 C.F.R. section 122.29(b)(2000); or

(2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are not subject to effluent limitations in the permit.

(W) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs (Q) and (R) of this rule at the time monitoring reports are submitted. These reports shall contain the information listed in paragraph (Q) of this rule.

(X) Other information. Where the owner or operator becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the director, it shall promptly submit such facts or information.

(Y) Reporting obligations.

(1) Annual reports and information required to be submitted by the permit or by the rules may be submitted in hard copy format in the a report form pre-printed by the Ohio department of agriculture or an approved facsimile. The original report form must be signed and mailed to: "Ohio Department of Agriculture, Division of Livestock Environmental Permitting, 8995 East Main Street, Reynoldsburg, Ohio 43068."

(2) Alternatively, annual reports and information may be submitted electronically using the Ohio department of agriculture developed software, based on a memorandum in agreement signed by a responsible corporate officer, general partner, proprietor or a duly authorized representative of the permittee (see paragraph (M) of rule 901:10-3-10 of the Administrative Code) and submitted to the Ohio department of agriculture to receive an authorized personal identification number (pin) prior to sending data electronically. A hard copy of the Ohio department of agriculture form must be generated, signed and maintained on site for records retention purposes.

(3) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the director in the permit.

(Z) Other obligations which may apply.

(1) Outfalls and discharge points. All permit effluent limitations, standards and prohibitions shall be established for each outfall or discharge point of the permitted operation unless the director determines that effluent limitations are infeasible and the best management practices shall be utilized.

(2) Continuous discharges. For any continuous discharges, all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall, unless impracticable, be stated as:

(a) Maximum daily and average monthly discharge limitations for all dischargers other than publicly owned treatment works; and

(b) Average weekly and average monthly discharge limitations for any utilized publicly owned treatment works.

(3) Non-continuous discharges. Discharges which are not continuous shall be particularly described and limited, considering the following factors, as appropriate:

(a) Frequency (for example, a batch discharge shall not occur more than once every three weeks);

(b) Total mass (for example, not to exceed one hundred kilograms of zinc and two hundred kilograms of chromium per batch discharge);

(c) Maximum rate discharge of pollutants during the discharge (for example, not to exceed two kilograms of zinc per minute); and

(d) Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure (for example, shall not contain at any time more than 0.1 mg/1 zinc or more than two hundred and fifty grams (1/4 kilogram) of zinc in any discharge).

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-02

(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 operation 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 operation 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 will 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" will 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.

Last updated January 2, 2025 at 8:20 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-06

(A) 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.

(B) 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 (B)(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.

(b) Voluntary alternative performance standards. Any CAFO subject to this subpart may request the director to establish "NPDES" permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants discharged from the production area equal to or less than the quantity of pollutants that would be discharged under the baseline performance standards as provided by paragraph (B)(1) of this rule.

(i) Supporting information. In requesting site-specific effluent limitations to be included in the NPDES permit, the CAFO permittee must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site-specific analysis of a system designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater, including the runoff from a twenty-five-year, twenty-four-hour rainfall event. The technical analysis of the discharge of pollutants must include:

(a) All daily inputs to the storage system, including manure, litter, all process waste waters, direct precipitation, and runoff.

(b) All daily outputs from the storage system, including losses due to evaporation, sludge removal, and the removal of waste water for use on cropland at the CAFO or transport off site.

(c) A calculation determining the predicted median annual overflow volume based on a twenty-five-year period of actual rainfall data applicable to the site.

(d) Site-specific pollutant data, including N, P, BOD5, TSS, for the CAFO from representative sampling and analysis of all sources of input to the storage system, or other appropriate pollutant data.

(e) Predicted annual average discharge of pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and calculated considering paragraphs (B)(1)(b)(i)(a) to (B)(1)(b)(i)(d) of this rule.

(ii) The director has the discretion to request additional information to supplement the supporting technical analysis, including inspection of the "CAFO."

(c) The "CAFO" shall attain the limitations and requirements of this paragraph as of the date of permit coverage.

(2) For the land application areas.

(a) The operation shall attain the same limitations and requirements listed for the manure management plan in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code and record keeping requirements in rule 901:10-2-16 of the Administrative Code.

(b) The operation shall attain the limitations and requirements of this paragraph by December 31, 2006.

(C) Effluent limitations attainable by the application of the best conventional pollutant control technology ("BCT").

(1) 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 "BCT":

(a) For operation production areas: the operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(b) For the land application areas: the operation shall attain the same limitations and requirements in paragraph (B)(2) of this rule.

(D) Effluent limitations attainable by the application of the best available technology economically achievable ("BAT").

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 "BAT":

(1) For production areas: the concentrated animal feeding operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(2) For land application areas: the concentrated animal feeding operation shall attain the same limitations and requirements listed in paragraph (B)(2) of this rule.

(E) New source performance standards ("NSPS").

Any new source subject to this rule must achieve the following effluent limitations representing the application of "NSPS."

(1) For production areas: there must be no discharge of manure into waters of the state from the production area, subject to paragraphs (E)(1)(a) to (E)(1)(c) of this rule.

(a) A new source subject to this rule may request that the director establish "NPDES" permit best management practice effluent limitations designed to ensure no discharge of manure, litter, or process wastewater based upon a site-specific evaluation of the concentrated animal feeding operation's open surface manure storage or treatment facilities. The "NPDES" permit best management practice effluent limitations must address the "CAFO's" entire production area. In the case of any "CAFO" using an open surface manure storage or treatment facility for which the director establishes such effluent limitations, no discharge of manure as used in this section, means that the manure storage or treatment facility is designed, operated, and maintained in accordance with best management practices established by the director on a site-specific basis after a technical evaluation of the manure storage or treatment facility. The technical evaluation must address the elements established in 40 CFR 412.46(a)(1) (November 20, 2008). Manure storage or treatment facilities designed, constructed, operated, and maintained consistent with the analysis conducted in 40 CFR 412.46(a)(1)(i) to (a)(1)(vii) (November 20, 2008) and operated in accordance with the manure management plan and records required by rules 901:10-2-08 and 901:10-2-16 of the Administrative Code will fulfill the requirements of this rule. The director has the discretion to request additional information to support a request for effluent limitations based on a site-specific open surface manure storage structure.

(b) The production area shall be 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.

(c) Provisions for upset/bypass, as provided in paragraphs (T) and (U) of rule 901:10-3-10 of the Administrative Code, apply to a new source subject to paragraph (D) of this rule.

(2) For land application areas: the operation shall comply with the requirements listed for the manure management plan required by paragraph (B)(1) of rule 901:10-2-07 of the Administrative Code and the recordkeeping requirements of rule 901:10-2-16 of the Administrative Code.

(3) The operation shall attain the limitations and requirements of paragraph (E) of this rule as of the date of permit coverage.

(4) Any source subject to this rule that commenced discharging after April 14, 1993 and prior to April 14, 2003 which was a new source subject to the standards specified in 40 CFR 412.15, (July 1, 2002), must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000). Thereafter, the source must achieve the standards specified in paragraphs (A)(1) and (A)(2) of this rule.

(5) Any source subject to this rule that commenced discharging after April 14, 2003 and prior to January 20, 2009 which was a new source subject to the standards specified in 40 CFR 412.46(a) to (d) in the July 1, 2008 edition of 40 CFR part 439, must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000).

Last updated June 26, 2025 at 3:22 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-15

(A) A permit to operate shall include a mortality management plan for the disposal of dead livestock and include best management practices for burning, burial, rendering, composting, alkaline hydrolysis or other methods consistent with sections 941.14, 939.04 and 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 mortality management 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.

(D) In the event of catastrophic mortality losses and if normal mortality management methods cannot handle such losses, the director may approve methods of mortality management not identified in a permit to operate.

Last updated January 2, 2025 at 8:17 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-10

(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 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;

(b) Tons per year;

(c) Cubic yards per day; or

(d) Gallons per day.

(2) Nutrient content quantified:

(a) Pounds per day;

(b) Pounds per ton;

(c) Pounds per one thousand gallons;

(d) Milligrams per liter; or

(e) Milligrams per kilogram.

(B) The manure management plan shall contain an estimate, supported by calculations of the quantity and total nutrient content of manure produced, stored and treated during a twelve month period along with a schedule for manure removal or manure transfer for purposes of land application. Manure may be removed based on results of inspections conducted pursuant to paragraph (D) of rule 901:10-2-08 of the Administrative Code or in accordance with distribution and utilization methods.

(C) At a minimum, manure from each manure storage or treatment facility shall be analyzed annually for the following: total nitrogen; ammonium nitrogen; organic nitrogen; phosphorus; potassium; and per cent total solids.

(D) In addition to the minimum requirements for annual manure analysis in paragraphs (A) to (C) of this rule, any manure with wastes that are process waste water, shall be characterized annually by the owner or operator by utilizing an actual sample from the facility, provided, however that for a permit to install application as required by paragraph (C) of rule 901:10-2-01 of the Administrative Code or for an operational change to be made to the manure management plan in accordance with rule 901:10-1-09 of the Administrative Code, the owner or operator may utilize a sample from a similar facility or by relying upon on existing published or documented data.

(E) Results of manure analyses conducted in paragraph (C) of this rule and estimates conducted in paragraphs (A) to (D) of this rule shall be recorded in the operating record and submitted as part of the annual report to the director required by rule 901:10-2-20 of the Administrative Code.

(F) After conducting manure analysis required in paragraph (C) of this rule, the owner or operator may request approval from the director for an operational change to reduce the number of samples needed to be representative of each manure storage and treatment facility and to utilize composite sampling and analysis. The director may approve a request provided all of the following apply:

(1) The owner or operator submits a written request to the director along with copies of manure analyses from manure storage or treatment facilities from the same permitted facility;

(2) Manure analyses for three consecutive years demonstrate that analytical results are the same or similar for a twelve month period for each manure storage or treatment facility at the permitted facility; and

(3) The owner or operator acknowledges that the director may notify the owner or operator in writing that the owner or operator shall comply with paragraph (C) if at any time the director finds that composite sampling is no longer representative for reasons that include, but are not limited to:

(a) Changes in feed and feed rations;

(b) Age, size, or type of animals;

(c) Changes in clean out times;

(d) Changes in building design, such as changes in ventilation;

(e) Changes due to diseases and actions taken to eliminate disease.

(G) The manure management plan shall contain information on manure to allow the owner or operator or the person accepting manure under rule 901:10-2-11 of the Administrative Code to plan for nutrient utilization at recommended agronomic rates and to minimize nutrient runoff that may impact waters of the state.

View Appendix

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-14

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.

(C) General criteria for manure application. The manure application rate shall be based on the most limiting factor of rates derived from paragraphs (B) to (G) of this rule, including factors derived from all appendices to this rule, whichever factor is determined to be the most restrictive factor for purposes of protecting waters of the state.

(1) For liquid manure:

(a) The crop nitrogen requirements or removal of nitrogen described in paragraph (D) of this rule, expressed in thousands of gallons of manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule, expressed in thousands of gallons of manure per acre;

(c) The restrictions on the rate of liquid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule, with volume expressed as a measure of gallons per acre or inches per acre;

(d) The application rate shall not exceed the available water capacity of the soil as described in appendix B to this rule;

(e) The application rate shall be adjusted to preclude surface ponding and/or runoff from a land application area.

(2) For solid manure:

(a) The crop nitrogen requirements or removal of nitrogen as described in paragraph (D) of this rule expressed in pounds per ton of dry manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule expressed in pounds per ton of dry manure per acre;

(c) The restrictions on the rate of solid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule with volume expressed as a measure of tons/acre.

(3) All land applications of manure shall comply with all restrictions contained in appendix A to this rule unless a compliance alternative is submitted and approved by the director. As a compliance alternative, the concentrated animal feeding operation or certified livestock manager may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot setback or a thirty five foot vegetated buffer. As a compliance alternative, the concentrated animal feeding facility or certified livestock manager may demonstrate that a soil listed in appendix A, table 1 to this rule is not prone to flooding in a particular county in which land applications of manure are planned, through reference to the current United States department of agriculture, natural resources conservation service, web soil survey for the county.

Comment: The natural resources conservation service and the Ohio state university have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to "United States Department of Agriculture - Natural Resource Conservation Service. Field Office Technical Guide - Conservation Practice Standard 633. Columbus, Ohio, June 2003." A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(4) For all land application of liquid manures, the owner or operator shall maintain or have access to methods or devices to capture or stop subsurface drain flow if liquid manure reaches the subsurface drain outlets. Use of drain outlet plugs or other devices shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

(5) Calculate the total amount of nitrogen and phosphate to be applied to each field, including sources other than manure such as commercial fertilizer or other organic by-products.

(6) Land application of manure by means of surface application shall not occur if the forecast contains a greater than fifty per cent chance of precipitation as determined in "Managing Manure Nutrients at Concentrated Animal Feeding Operations, Appendix M, United States Environmental Protection Agency, EPA-821-B-04-006, August 2004," exceeding an amount of one-quarter inch for hydrologic soil group D soils and one-half inch for hydrologic soil group A, B, and C soils, for a period extending twenty-four hours after the start of land application. Record weather conditions in the operating record for conditions at the time of application and for twenty-four hours prior to and following application. A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(D) The manure application rate for nitrogen shall be based on the following criteria:

(1) The application rate for nitrogen shall be based on utilization of crops at the recommended agronomic rates and based on minimum runoff and leaching that may impact waters of the state.

(2) In determining the agronomic rate for nitrogen, the owner or operator shall do the following:

(a) Determine the nitrogen requirements or removal rates for the realistic yield goal of planned crops using nutrient amounts from appendix C, tables 1, 2 or 3 to this rule.

(b) Subtract the nitrogen credit for crop residue, legumes, and other sources of nitrogen to be given to the next crop in accordance with values for previous crops given in appendix C, table 4 to this rule;

(c) When applying nitrogen to a grass or legume cover crop that is growing or being established immediately after manure application, manure can be applied at the recommended nitrogen rate for the next non-legume crop or the nitrogen removal rate for the next legume crop.

(3) In determining how to minimize nitrogen leaching that may impact waters of the state, the owner or operator shall do the following:

(a) Assess each land application area with the Ohio nitrogen leaching risk assessment procedure contained in appendix C, table 5 to this rule;

(b) If the nitrogen leaching risk assessment procedure completed in accordance with paragraph (D)(3)(a) of this rule demonstrates that the land application site has a high nitrogen leaching potential and no growing crop, then application of manure shall be limited to fifty pounds of nitrogen per acre calculated at the time of application prior to October first.

(4) In calculating the actual rate of application of nitrogen from manure, the figures in appendix C, table 6 to this rule shall be used along with the manure test results conducted according to rule 901:10-2-10 of the Administrative Code.

(5) The requirements of paragraph (D) of this rule may be changed only if the owner or operator can demonstrate to the director nutrient insufficiency in accordance with the presidedress nitrate soil test procedures of tables 7 and 8 in appendix C to this rule.

(E) The manure application rate for phosphate shall be determined using the soil test analysis obtained pursuant to rule 901:10-2-13 of the Administrative Code and the following criteria:

(1) Prior to the land application of manure, land application areas shall be assessed with either the phosphorus index risk assessment procedure in appendix E, table 1 to this rule or the phosphorus soil test risk assessment procedure in appendix E, table 2 to this rule. The manure application rate for phosphate shall be limited in compliance with the applicable provision in the:

(a) Generalized interpretation of phosphorus index and management column in appendix E, table 1, to this rule, or

(b) The application criteria in appendix E, table 2, to this rule.

(2) The phosphate requirements for the realistic yield goals of planned crops, crop rotations, and\or plant biomass shall be determined using amounts from appendix C, table 1 to this rule;

(3) Phosphate applications between two-hundred fifty pounds per acre and five hundred pounds per acre are not recommended but may be made if the values for liquid manure exceed sixty pounds phosphate per one thousand gallons and if the values for solid manure exceed eighty pounds phosphate per ton and application is subject to these additional requirements:

(a) No manure application shall occur on land with soil tests that exceed more than one hundred parts per million Bray P1;

(b) )No manure application shall occur on frozen or snow-covered ground;

(c) The manure shall be incorporated within twenty-four hours;

(d) No additional phosphate application shall be made for a minimum of three years on fields with soil tests that measure less than forty parts per million Bray P1 or equivalent; and

(e) No additional phosphate application shall be made for a minimum of five years on fields with soil tests between forty and one-hundred parts per million Bray P1 or equivalent.

(4) Notwithstanding the procedures in paragraph (E) of this rule but subject to the restrictions in appendix B to this rule, for a single phosphate application in a year, the application rate shall not exceed five hundred pounds per acre of phosphate.

(F) Land application for crops or other uses not listed in appendix C to this rule will be considered on a case-by-case basis. The owner or operator shall submit existing published or documented data that is acceptable to the director.

(G) General criteria for frozen and snow-covered ground. In addition to complying with all of the criteria in paragraphs (A) to (F) of this rule, the following actions are required for surface application of manure to land with frozen or snow-covered ground.

If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.

The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.

Manure injection or manure incorporation performed within twenty-four hours at the land application site is the preferred alternative to surface application of manure. Solid manure with less than fifty per cent moisture shall be stockpiled at the land application site in lieu of manure application on frozen or snow covered ground.

Surface application of manure on frozen or snow-covered ground is prohibited unless performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.

(1) Application.

(a) Prior approval for each surface application of manure shall be obtained from the director or his designated representative.

(b) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to ten wet tons per acre for solid manure with more than fifty per cent moisture.

(c) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to five thousand gallons per acre for liquid manure.

(d) Applications are to be made on land with at least ninety per cent surface residue cover at the time of application such as good quality hay or pasture field, all corn grain residue remaining after harvest, and all small grain residue cover remaining after harvest. Vegetation or residue shall not be completely covered by ice or snow at the time of application.

(e) Manure ponding shall be prevented.

(f) Manure shall not be applied on more than twenty contiguous acres. Contiguous areas for application are to be separated by a break of at least two hundred feet. Areas that are furthest from streams, ditches, waterways, and\or surface waters are to be utilized in preference to areas with the potential for surface water runoff.

(g) Setbacks from surface waters and conduits to surface waters, (including grassed waterways and surface drains) shall be a minimum of two hundred feet. Setbacks shall have at least ninety per cent surface residue cover and vegetation or residue shall not be completely covered by ice or snow at the time of application.

(h) For application fields with slopes greater than six percent, manure shall be applied in alternating strips sixty to two hundred feet wide generally on the contour, or in the case that the field is managed in contour strips with alternative strips in grass or legume, manure shall only be applied on alternative strips. Manure application rates shall be determined for each separate application strip area and not the area of the entire application field.

(i) Any manure application with phosphorus exceeding two hundred and fifty pounds per acre is prohibited.

(2) Monitoring.

(a) Concentrated field surface drainage and tile outlets shall be visually monitored at the conclusion of manure application and periodically afterwards when weather, temperature increase, snowmelt and rainfall are likely to produce manure runoff. Periodic visual monitoring shall continue until manure is assimilated into the application field and is no longer likely to discharge into waters of the state.

(b) Upon discovering a discharge to waters of the state, the owner or operator shall notify the department within two hours of detection of the runoff event.

(c) In addition to the visual monitoring and reporting in this paragraph, the owner or operator shall collect representative grab samples from the discharges of land applied manure into waters of the state at the point that the discharge enters waters of the state (i.e. concentrated field surface runoff or field tile outlet discharge prior to entrance to surface waters) and have the sample analyzed for ammonia nitrogen levels.

(d) The owner or operator shall:

(i) Collect the sample within thirty minutes of the first knowledge of the discharge; or

(ii) If the sampling in that period is inappropriate due to dangerous weather conditions, the owner or operator shall collect the sample as soon as possible after suitable conditions occur and shall document the reason for delay.

(e) The owner or operator shall report the results of the discharge event to the department within fourteen days of occurrence. The report shall, at a minimum, contain the sample results, describe the reason for the discharge, the location, estimate of quantity and duration of the discharge, and duration of the precipitation leading up to the event, any measures taken to clean up and eliminate the discharge, and copies of land application records. Laboratory results not available at the time of the report submitted shall be submitted to the department within five days of receipt.

(f) If the ammonia nitrogen level in a water quality sample is determined to be twenty-six mg\L or greater in the discharge at the point it enters waters of the state, then additional surface application of manure to frozen and\or snow covered ground is prohibited on the field where the runoff event occurred.

(g) In the event that an owner or operator complies with all of the requirements of paragraph (G) of this rule and runoff enters waters of the state resulting in ammonia nitrogen level in a sample determined to be twenty-six mg\L or greater in three application events authorized in accordance with paragraph (G)(1)(a) of this rule, then additional surface application of manure to frozen and/or snow covered ground shall be prohibited for the duration of the permit.

(h) In the event that the owner or operator fails to comply with the land application requirements for frozen or snow covered ground, including but not limited to prior notice, and approval for each application pursuant to paragraph (G)(1)(a) of this rule, notice of discharge, monitoring and record keeping, for more than two surface land application events, then land application on any frozen or snow-covered ground shall be prohibited for that owner or operator for the duration of the permit upon receipt of a third notice of deficiencies resulting in noncompliance pursuant to section 903.17 of the Revised Code.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Last updated July 29, 2026 at 1:46 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-03 Horses and sheep.

(A) 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.

(B) 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 (B)(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.

(C) Effluent limitations attainable by the application of the best available technology economically achieveable achievable (BAT").

(1) Except as provided in rule 901:10-3-08 of the Administrative Code, and when the provisions of paragraph (C)(2) of this rule apply, any existing point source subject to the rule must achieve the following effluent limitations representing the application of "BAT": there shall be no discharge of manure into waters of the state.

(2) Whenever rainfall events cause an overflow of manure from a facility designed, constructed, operated, and maintained to contain all manure plus the runoff from a twenty-five year, twenty-four hour rainfall event at the location of the point source, any manure in the overflow may be discharged into waters of the state.

(D) Standards of performance for new sources (new source performance standards or "NSPS").

(1) Except as provided in paragraph (D)(2) of this rule, any new source subject to this rule must achieve the following performance standards: there must be no discharge of manure to waters of the state.

(2) Whenever rainfall events cause an overflow of manure from a facility designed, constructed, operated, and maintained to contain all manure plus the runoff from a twenty-five year, twenty-four hour rainfall event at the location of the point source, any manure in the overflow may be discharged into waters of the state.

Last updated January 2, 2025 at 8:20 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-08

(A) A variance may be requested in accordance with section 301 or section 302 of the Federal Water Pollution Control Act. A request for a variance will be decided upon by the director, but the director's decision shall not be incorporated into any term or condition of a NPDES permit until the United States environmental protection agency regional administrator grants or denies the request for a variance or, in the case of variances under paragraph (B)(4) or (B)(5) of this rule, the administrator grants or denies the request for a variance.

(B) The regional administrator may deny, forward or submit to the United States environmental protection agency office director for water enforcement and permits a recommendation for approval for a request for a variance listed in paragraph (B) of this rule that has been forwarded by the director:

(1) Extensions based on delay in completion of a publicly owned treatment works provided that the extension meets the requirements of section 301(i) of the act;

(2) Extensions based on the use of innovative technology where effluent reduction will be significantly reduced with significantly reduced cost. The variances may provide an extended two-year period to comply provided that the extension meets the requirements of section 301(k) of the act;

(3) A variance based on the economic capability of the applicant provided that the variance shall meet the requirements of section 301(c) of the act. The owner or operator must show progress in reductions with the maximum use of technology while utilizing economic capability;

(4) A variance based on the presence of "fundamentally different factors" or "FDF" that meets the requirements of section 301(n) of the act. A FDF variance is not timely unless filed when effluent limits are to be modified in a rulemaking procedure. A FDF variance shall be "no less stringent a limit than justified by fundamental differences" while also demonstrating that the existing limit will cause adverse affect; or

(5) A variance that meets the requirements of section 301(g) of the act for nonconventional pollutants that include ammonia, chlorine, color, iron, and total phenols.

(6) A variance based on water quality related effluent limitations under section 302(b) of the act applies only to the owner or operator requesting the variance and only to the pollutant or pollutants specified in the variance. A variance does not affect or require corresponding changes to the water quality standard for the waterbody as a whole.

(a) Eligibility. The owner or operator is not eligible for a variance under this paragraph if the following apply:

(i) The owner or operator is a new discharger or the owner or operator of a facility that commenced a discharge after March 23, 1997.

(ii) If the variance would likely jeopardize the continued existence of an endangered or threatened species listed under section four of the Endangered Species Act or result in the destruction or adverse modification of such species' critical habitat.

(iii) If standards will be attained by implementing effluent limits required under sections 301 (b) and 306 of the act and by the owner or operator implementing cost-effective and reasonable best management practices for nonpoint source control.

(b) Timeframe for variances. A water quality based variance issued under paragraph (B)(6) of this rule shall not exceed five years or the term of the NPDES permit whichever is less. A water quality based variance shall be reviewed and modified if necessary as part of each water quality standards review pursuant to section 303(c) of the act.

(c) Conditions to grant a variance. A variance may be granted if:

(i) The owner or operator demonstrates to the director that attaining the water quality standard is not feasible because:

(a) Naturally occurring pollutant concentrations prevent the attainment of the water quality standard;

(b) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the water quality standard, unless these conditions may be compensated for by the discharge of a sufficient volume of effluent to enable the water quality standard to be met without violating water conservation requirements;

(c) Human-caused conditions or sources of pollution prevent the attainment of the water quality standard and cannot be remedied, or would cause more environmental damage to correct than to leave in place;

(d) Dams, diversions or other types of hydrologic modifications preclude the attainment of the water quality standard, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the water quality standard;

(e) Physical condition related to the natural features of the waterbody, such as the lack of a proper substrate cover, flow, depth, pools, riffles, and the like, unrelated to chemical water quality, preclude attainment of the water quality standard; or

(f) Controls more stringent than those required by sections 301(b) and 306 of the act would result in substantial and widespread economic and social impact.

(ii) In addition to the requirements of paragraph (B)(6)(c)(i) of this rule the owner or operator shall also:

(a) Show that the variance requested conforms to the requirements of the antidegradation policy as set forth in section 6111.12 of the Revised Code; and

(b) Characterize the extent of any increased risk to human health and the environment associated with granting the variance compared with compliance with the water quality standard absent the variance, such that the director is able to conclude that any such increased risk is consistent with the protection of the public health, safety and welfare.

(d) Submittal of the variance application. The owner or operator shall submit an application for a variance to the director. The application shall include:

(i) All relevant information demonstrating that attaining the water quality standard is not feasible based on one or more of the conditions in paragraphs (B)(6)(c)(i) and (B)(6)(c)(ii) of this rule.

(e) Public notice of preliminary decision. Upon receipt of a complete application for a variance and upon making a preliminary decision regarding the variance the director shall provide public notice of the request and preliminary decision for a public comment pursuant to the procedures set forth in Chapter 901:10-6 of the Administrative Code. The director shall notify the other Great Lakes States and Tribes of the preliminary decision for discharges in the Lake Erie basin. This public notice requirement may be satisfied by including the supporting information for the variance and the preliminary decision in the public notice of the draft NPDES permit.

(7) The director shall issue a final decision on the variance request within ninety days of the expiration of the public comment period required in paragraph (B)(6)(e) of this rule. If the director decides to grant or deny a variance then the director shall do so in accordance with Chapter 119. of the Revised Code. If all or part of the variance is approved by the director, the decision shall include all permit conditions needed to implement those parts of the variance so approved. Such permit conditions shall, at a minimum, require:

(a) Compliance with an initial effluent limitation which, at the time the variance is granted, represents the level currently achievable by the owner or operator and which is no less stringent than that achieved under the previous permit;

(b) That reasonable progress be made toward attaining the water quality standards for the waterbody as a whole through appropriate conditions;

(c) When the duration of a variance is shorter than the duration of a permit, compliance with an effluent limitation sufficient to meet the underlying water quality standard, upon the expiration of said variance; and

(d) A provision that allows the director to reopen and modify the permits based on any triennial water quality standards revisions to the variance.

The director shall deny a variance request if the permittee fails to make the demonstrations required under paragraph (B)(6)(c) of this rule.

(8) Incorporating into the permit. The director shall establish and incorporate into the NPDES permit all conditions needed to implement the variance as determined in paragraph (B)(7) of this rule.

(9) Renewal of the variance. A variance may be renewed subject to the requirements of paragraph (B)(8) of this rule. As part of any renewal application, the owner or operator shall again demonstrate that attaining a water quality standard is not feasible based on the requirements of paragraph (B)(6)(c) of this rule. The application shall also contain information concerning compliance with the conditions incorporated into its permit as part of the original variance pursuant to paragraphs (B)(7) and (B)(8) of this rule. Renewal of a variance may be denied if the owner or operator did not comply with the conditions of the original variance.

(10) All variances and supporting information shall be submitted by the director to the regional administrator and shall include:

(a) Relevant applications as set forth in paragraph (B)(6)(d) of this rule;

(b) Public comments and records of any public hearings pursuant to paragraph (B)(6)(e) of this rule;

(c) The final decision of the director; and

(d) The NPDES permit.

(e) Information required by this paragraph shall be submitted by the director within thirty days of the date of the final variance decision. The information required by paragraph (B)(6)(d) of this rule shall be submitted in accordance with the terms of the memorandum of agreement with the regional administrator pursuant to 40 CFR 123.24.

(11) All variances shall be transmitted to the Ohio environmental protection agency and appended to the water quality standard rules adopted in accordance with section 6111.041 of the Revised Code.

(C) The United States environmental protection agency regional administrator or the United States environmental protection agency office of the director for water enforcement and permits may approve or deny any variance request submitted under paragraph (B) of this rule. If the regional administrator or office director approves the variance, the director may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which a variance has been approved or denied shall identify the applicable procedures for appealing that decision. An owner or operator shall be afforded an appeal of the decision in accordance with 40 C.F.R. section 124.64 and Chapter 119. of the Revised Code.

Last updated September 14, 2023 at 10:54 AM

History

• Effective: September 1, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-04 Dairy cows and cattle other than veal calves.

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.

(b) Voluntary alternative performance standards. Any concentrated animal feeding operation subject to this rule may request the director to establish NPDES permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants that would be discharged under the baseline performance standards as provided by paragraph (A)(1)(a) of this rule.

(i) Supporting information. In requesting site-specific effluent limitations to be included in the NPDES permit, the concentrated animal feeding facility owner or operator must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site-specific analysis of a system designed, constructed, operated and maintained to contain all manure including the runoff from a twenty-five year, twenty-four hour rainfall event. The technical analysis of the discharge of pollutants must include:

(a) All daily inputs to the manure storage or treatment facility, including manure, direct precipitation, and runoff.

(b) All daily outputs from the manure storage or treatment facility, including losses due to evaporation, manure residuals removal, and the removal of process wastewater or process generated wastewater for use on cropland at the concentrated animal feeding operation or transport off site.

(c) A calculation determining the predicted median annual overflow volume based on a twenty-five year period of actual rainfall data applicable to the site.

(d) Site-specific pollutant data, including N, P, BOD5, and total suspended solids (TSS) for the concentrated animal feeding operation from representative sampling and analysis of all sources of input to the storage system or other pollutant data.

(e) Predicted annual average discharge of pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and calculated considering paragraphs (A)(1)(b)(i)(a) to (A)(1)(b)(i)(d) of this rule.

(ii) The director has the discretion to request additional information to supplement the supporting technical analysis, including inspection of the concentrated animal feeding operation.

(c) The concentrated animal feeding operation shall attain the limitations and requirements of this rule as of the date of permit coverage.

(2) For concentrated animal feeding operation land application areas.

Discharges from land application areas are subject to the following requirements:

(a) Develop and implement the best management practices set forth for the manure management plan in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code;

(b) Maintain the records specified in rule 901:10-2-16 of the Administrative Code; and

(c) The concentrated animal feeding operation shall attain the limitations and requirements of this rule by December 31, 2006.

(B) Effluent limitations attainable by the application of the best conventional pollutant control technology (BCT). 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 BCT:

(1) For the concentrated animal feeding operation production areas: the operation shall attain the requirements in paragraph (A)(1) of this rule.

(2) For the land application areas: The operation shall attain the same limitations and requirements set forth for the manure management plan in paragraph (A)(2) of this rule.

(C) Effluent limitations attainable by the application of the best available technology economically achievable (BAT). 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 BAT:

(1) For concentrated animal feeding operation production areas: The operation shall attain the same limitations and requirements set forth in paragraph (A)(1) of this rule.

(2) For the operation land application areas: the facility shall attain the same limitations and requirements as those set forth for the manure management plan in paragraph (A)(2) of this rule.

(D) New source performance standards (NSPS). Any new point source subject to this rule must achieve the following effluent limitations representing the application of NSPS:

(1) For the concentrated animal feeding operation production areas, the facility shall comply with the requirements of paragraph (A)(1) of this rule.

(2) For the land application areas, the operation shall attain the requirements as listed for the manure management plan in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code and the records required in rule 901:10-2-16 of the Administrative Code.

(3) The facility shall attain the limitations and requirements of this rule as of the date of permit coverage.

(4) Any source subject to this rule that commenced discharging after April 14, 1993 and prior to April 14, 2003 which was a new source subject to the standards specified in paragraph (C) of rule 901:10-3-03 of the Administrative Code, revised as of July 1, 2002, must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1). Thereafter, the source must achieve the standards specified in paragraphs (A)(1) and (A)(2) of this rule.

Last updated September 14, 2023 at 10:53 AM

History

• Effective: June 8, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-07

(A) The application for a permit to operate 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;

(2) Plans or schedules for inspections required in rule 901:10-2-08 of the Administrative Code;

(3) An insect and rodent control plan that conforms to best management practices and is in accordance with rule 901:10-2-19 of the Administrative Code;

(4) A plan for odor minimization in accordance with rule 901:10-2-12 of the Administrative Code; and

(5) An emergency response plan in accordance with rule 901:10-2-17 of the Administrative Code.

(B) A biosecurity plan may be submitted with a permit to operate application.

(C) The owner or operator shall maintain a copy of the current permit to operate issued by the department at the concentrated animal feeding facility.

(D) Additional requirements for a permit to operate application may also include best management practices specified by the director for an animal feeding operation required to receive a permit to operate in accordance with section 903.082 of the Revised Code.

Last updated June 26, 2025 at 2:56 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-05 Effluent limitations for ducks category of feedlots.

(A) 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.

(B) 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.

(C) Effluent limitation 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 shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available ("BPT"):

Effluent limitations

| Regulated parameter | Maximum Daily ¹ | Maximum Monthly Average¹ | Maximum Daily² | Maximum Monthly Average² | | --- | --- | --- | --- | --- | | BOD5 | 3.66 | 2.0 | 1.66 | 0.91 | | Fecal coliform | ⁽³⁾ | ⁽³⁾ | ⁽³⁾ | ⁽³⁾ |

1 Pounds per 1,000 ducks.

2 Kilograms per 1,000 ducks.

3 Not to exceed most probable number (mpn) of 400 per 100 ml at any time.

(D) New source performance standards ("NSPS").

(1) Except as provided in paragraph (D)(2) of this rule, any new source subject to this rule must achieve the following performance standards: there must be no discharge of manure into waters of the state.

(2) Whenever rainfall events cause an overflow of manure from a facility designed, constructed, operated, and maintained to contain all manure plus the runoff from a twenty-five year, twenty-four hour rainfall event at the location of the point source, any manure in the overflow may be discharged into waters of the state.

(E) Pretreatment standards for new sources

(1) Except as provided in paragraph (E)(2) of this rule, any new source subject to this rule must comply with paragraph (E) of rule 901:10-3-02 of the Administrative Code and achieve the following performance standards: there must be no introduction of manure to a publicly owned treatment works.

(2) Whenever precipitation events cause an overflow of manure from a facility designed, constructed, operated and maintained to contain all manure plus the runoff from a twenty-five year, twenty-four hour rainfall event at the location of the point source, any manure in the overflow may be introduced to a publicly owned treatment works but in accordance with the requirements of paragraph (E) of rule 901:10-3-02 of the Administrative Code.

Last updated January 2, 2025 at 8:20 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-07 Designated operations and determinations by the director.

(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.

(B) No animal feeding facility shall be designated under this rule unless the director has conducted an on-site inspection of the animal feeding facility and determined that the facility should and could be regulated under the permit program. In addition, no animal feeding facility with numbers of animals below those established in division (Q) of section 903.01 of the Revised Code may be designated as a concentrated animal feeding operation or concentrated animal feeding facility unless:

(1) Manure is discharged into waters of the state through a constructed ditch, flushing system, or other similar constructed device; or

(2) Manure is discharged directly into waters of the state which originate outside of the facility and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the facility.

(C) The director may determine that an animal feeding facility that is not a medium concentrated animal feeding operation or a small concentrated animal feeding operation is a concentrated animal feeding facility in accordance with section 903.082 of the Revised Code.

(D) If the director determines that an animal feeding facility shall be required to be permitted as a medium or small concentrated animal feeding operation, then the owner or operator shall apply to the director for an NPDES permit as a concentrated animal feeding operation. If the director determines that the existing facility cannot comply with best management practices in Chapter 901:10-2 or Chapter 1505:15-5 of the Administrative Code, without modifying the existing facility, the owner or operator shall apply for a permit to install.

Last updated September 14, 2023 at 10:53 AM

History

• Effective: January 23, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-09 Appeals of variances.

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.

Last updated September 14, 2023 at 10:54 AM

History

• Effective: July 2, 2002
• Promulgated Under: 119.03

Chapter 901:10-4 General Permits to Operate

Ohio Adm.Code 901:10-4-01 General permit to operate requirements.

(A) "General permit to operate" means a type of permit developed by the director for one or more categories of concentrated animal feeding facilities.

(1) The director may develop general permits to operate that relate to the following areas:

(a) The concentrated animal feeding facilities involve the same or substantially similar operations including, but not limited to, the same types of animals;

(b) The concentrated animal feeding facilities manage the same types of manure storage or treatment facilities or operate with substantially similar manure management plans.

(2) The general permit to operate may be written to cover concentrated animal feeding facilities within a geographic area, including but not limited to the following:

(a) Existing geographic or political boundaries;

(b) Any other appropriate combination of boundaries.

(B) The following are eligible for general permits to operate. Any owner or operator of a concentrated animal feeding facility may apply for a general permit to operate if the owner or operator falls under one of the following categories:

(1) Any concentrated animal feeding facility that is not a major concentrated animal feeding facility; or

(2) Any concentrated animal feeding facility that meets the criteria in paragraph (A) of this rule.

(C) If the director decides to issue, deny, modify, revoke and reissue, or terminate a general permit to operate, the director will follow the public notice procedures in Chapter 901:10-6 of the Administrative Code.

(D) If the director decides to issue, deny, modify, revoke and reissue, or terminate a general permit to operate, the director will afford the affected parties the opportunity to request a hearing under Chapter 119. of the Revised Code.

(E) No provision in any general permit to operate issued under this rule shall be interpreted as allowing the owner or operator of a concentrated animal feeding facility to violate state water quality standards or other applicable environmental standards.

(F) General permits to operate will be effective for a term not to exceed five years at the end of which time the director may renew them. Public notice requirements as found in Chapter 901:10-6 of the Administrative Code shall be satisfied prior to renewal of a general permit to operate. If the director chooses not to renew a general permit to operate, all concentrated animal feeding facilities covered under that general permit to operate, shall be notified to submit applications for individual permits to operate.

(G) The director may deny, modify, revoke and reissue, or terminate eligibility for or coverage under a general permit to operate in situations that include, but are not limited to the following:

(1) Noncompliance with the general permit to operate;

(2) Noncompliance with Chapter 903. of the Revised Code; or

(3) Noncompliance with division 901:10 of the Administrative Code.

(H) Only the director may modify or revoke and reissue general permits to operate. When a general permit to operate is modified, only the conditions subject to modification are reopened for review. When a general permit to operate is revoked and reissued, the entire permit is reopened and subject to review and the permit will be reissued for a new term.

Last updated January 2, 2025 at 8:21 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-4-02 General permit to operate coverage.

(A) A general permit to operate as described in rule 901:10-4-01 of the Administrative Code is issued by the director for a category of facilities located at multiple sites.

(B) Each person eligible for a general permit to operate shall follow the requirements in rule 901:10-4-03 of the Administrative Code.

(C) Upon issuance of a general permit to operate and issuance of an individual certificate of coverage, the individual permit to operate shall be terminated. All previous permits issued to a facility that can be covered by a general permit to operate are revoked upon request of the owner or operator, termination of the individual permit and issuance of the certification of coverage.

(D) Any person covered under a general permit to operate may choose to pursue an individual permit for any facility covered by this rule.

Last updated September 18, 2025 at 1:10 PM

History

• Effective: July 2, 2002
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-4-03

(A) An owner or operator of a concentrated animal feeding facility seeking coverage under a general permit to operate shall submit a notice of intent by the deadline specified in the general permit to operate.

(B) Notices of intent shall be filed on forms approved by the director and be considered and processed as an application for coverage under a general permit to operate.

(C) Notices of intent shall contain:

(1) The general permit to operate category under which the owner or operator of a concentrated animal feeding facility requests to be covered;

(2) Name, address, telephone number, contact person and title of owner or operator;

(3) Location, including the latitude and longitude of the production area (entrance to production area);

(4) Topographic map of the geographic area in which the facility is located showing the specific location of the production area;

(5) Specific information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, 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);

(6) The type of manure storage or treatment facility (anaerobic lagoon, fabricated structure, manure storage ponds, underfloor pits, above ground storage tanks, below ground tanks, concrete pad, impervious soil pad, other) and total capacity for manure (tons/gallons);

(7) The total number of acres under control of the owner or operator available for land application of manure;

(8) Estimated amounts of manure generated per year (tons or gallons);

(9) Estimated amounts of manure transferred to other persons per year (tons or gallons) in accordance with rule 901:10-2-11 of the Administrative Code;

(10) 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;

(11) The name of the receiving water(s), specifically the hydrologic unit code ("HUC-12" watershed) as established by the United States geological survey ("USGS");

(12) Any other information deemed necessary by the director found in the general permit to operate form; and,

(13) Any other information deemed necessary to complete the notice of intent or clarify, modify, or supplement previously submitted material.

(D) Each owner or operator of a concentrated animal feeding facility eligible for a general permit to operate may provide notice that the owner or operator wishes to receive an individual permit to operate instead.

(E) The director will review the notice of intent to ensure that the notice of intent includes all information required by this rule. If the director makes a preliminary determination that the notice of intent meets the requirements of this rule, the director will notify the public of the director's proposal to grant a certificate of coverage to the owner or operator of a concentrated animal feeding facility and make available for public review and comment the notice of intent submitted by the owner or operator, including the owner or operator's manure management plan and the draft terms of the manure management plan to be incorporated into the permit. A comment period of thirty days will be provided for public review and comment, with notice of the comment period being provided to the applicant and published on the Ohio department of agriculture, division of livestock environmental permitting's web site. During the comment period any interested person may submit written comments on the notice and may request a public meeting. The grounds for a public meeting will be the same as those provided in paragraph (D) of rules 901:10-6-01 and 901:10-6-04 of the Administrative Code. Any public meeting will be conducted as described in rule 901:10-6-04 of the Administrative Code, except that notice regarding the scheduling of the public meeting will be provided on the Ohio department of agriculture, division of livestock environmental permitting's web site, rather than through publication in the legal notice section of a newspaper. The provisions of paragraph (J) of rule 901:10-6-04 of the Administrative Code will also apply to the public comment period. The director will, if necessary, require the applicant to revise the manure management plan in order to be granted permit coverage.

(F) The director will notify each affected owner or operator of a concentrated animal feeding facility in writing that their facility is authorized pursuant to the general permit to operate by issuing a certificate of coverage. When the director authorizes coverage for the owner or operator under the general permit to operate, the terms of the manure management plan become incorporated as terms and conditions of the permit for the owner and operator. The director will maintain a list of each concentrated animal feeding facility authorized under each general permit to operate. The director will notify the applicant and inform the public that coverage has been authorized and of the terms of the manure management plan incorporated as terms and conditions of the general permit to operate applicable to the facility or operation.

(G) Each owner or operator of a concentrated animal feeding facility that receive a certificate of coverage for a category from the director will be deemed covered under that general permit to operate. Owners or operators covered under general permits to operate shall be subject to the same limits, management practices, enforcement authorities and rights and privileges specified in the general permit to operate.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-11

(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.

(B) All of the information in paragraphs (A)(1) to (A)(3) of this rule shall be recorded in the operating record as described in rule 901:10-2-16 of the Administrative Code.

(C) An estimated amount of total manure transferred to other persons by the owner or operator in the previous twelve months (tons/gallons) shall be reported in the annual report required by rule 901:10-2-20 of the Administrative Code, as well as the operating record.

(D) If the owner or operator is notified by the director, or otherwise becomes aware that the recipient is not in compliance with rule 901:10-1-06 of the Administrative Code or best management practices set forth in Chapter 1501:15-5 of the Administrative Code or with other applicable laws and rules, the owner or operator shall cease providing manure to the recipient until written authorization to continue is provided by the department.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-08

(A) The manure management plan shall specify the frequency of inspections to be conducted by the owner or operator at the manure storage or treatment facility; and

(B) The owner or operator shall maintain a list of equipment used, including land application equipment and a written chronological record of the dates of inspections, maintenance, calibration monitoring and repairs that shall be maintained in the operating record required by rule 901:10-2-16 of the Administrative Code and be made readily available during an inspection of the facility. These records shall also be made available at the request of the director. All repairs shall be completed promptly. The department shall inspect any major structural repairs; and

(C) The owner or operator must periodically inspect equipment used for land application of manure, litter, or process wastewater for leaks, including manure transfer or transportation equipment.

(D) At a minimum, the following must be inspected, performed, monitored or maintained at the manure storage or treatment facility and documented in the operating record:

(1) The operating level of manure treatment lagoons and manure storage ponds. The operating level must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional one foot of freeboard.

(2) The operating level of fabricated structures must not exceed the level that provides adequate storage to contain a precipitation event as required in rule 901:10-2-04 of the Administrative Code, plus an additional six inches of freeboard, unless the fabricated structure is designed and maintained for solid manure and is not subject to precipitation.

(3) For paragraphs (D)(1) and (D)(2) of this rule, the maximum operating level shall not exceed that specified in the manure management plan.

(4) Inspect in order to confirm that domestic and industrial wastewater from showers, toilets, sinks, medical wastes, chemicals and other contaminants etc., handled on-site are not discharged into the manure storage or treatment facility unless designed and permitted to do so.

(5) Manure storage or treatment facilities under the control of the owner or operator shall be inspected for evidence of erosion, leakage, animal damage, cracking, excessive vegetation, or discharge.

(6) Inspect liquid manure volume weekly and note in the operating record the level of liquid manure in manure storage or treatment facilities by the depth marker required in paragraph (D)(15) of this rule.

(7) Document in the operating record procedures to ensure proper operation and maintenance of liquid manure in storage or treatment facilities, when manure and manure residuals are removed from the manure storage pond or manure treatment lagoon. The owner or operator shall take care to prevent damage to lagoon or pond dikes and liners when manure residuals are removed.

(8) Inspect to determine that all stormwater conveyances are maintained to keep stormwater runoff from the surrounding property and buildings diverted away from the manure treatment lagoons and manure storage ponds to prevent any unnecessary addition to the liquid volume in these structures, unless they are designed for such runoff containment. Identify appropriate buffer strips or equivalent practices, to control runoff of manure to waters of the state, and divert clean water, as appropriate, out of the production area.

(9) Conduct inspections of stormwater or diversion devices weekly and following significant rain events, runoff diversion structures, or other devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon and note proper operation and maintenance in the operating record.

(10) Inspect the protective vegetative cover and any other approved means or materials for erosion control to determine that cover is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.).

(11) Ensure that any emerging vegetation such as trees, shrubs and other woody species shall not be allowed to grow on the pond or lagoon dikes or side slopes. Pond or lagoon areas are to be kept mowed or otherwise maintained and accessible unless these areas are grassed waterways or buffers that manage precipitation and runoff.

(12) Surface water and groundwater protection.

(a) Conduct annual sampling and analysis of ground water for nitrates and total coliform from an existing well as described by paragraph (A)(2)(h) or (B)(7) of rule 901:10-2-03 of the Administrative Code. In the event that a well does not already exist at the facility and the operation is not an operation as described in paragraph (A)(1) of rule 901:10-2-03 of the Administrative Code or is not served by a public water system as defined by paragraph (XXX) of rule 901:10-1-01 of the Administrative Code, then the owner or operator shall install a well at the facility that is properly located, protected and operated. The well shall be easily accessible for sampling and have an adequate water quantity for sampling.

(b) The director may require additional sampling, including but not limited to, ground water samples from any additional ground water monitoring wells installed as required in paragraph (C)(2) of rule 901:10-2-03 of the Administrative Code.

(c) The director may require samples of manure discharges from the production area that may occur.

(d) The director may require monitoring or sampling, or both, of subsurface perimeter drains around manure storage or treatment facilities; and

(e) Results of sampling and analysis shall be documented in the operating record and, for manure discharges from the production area, results shall also be recorded in the annual report submitted to the director in accordance with rule 901:10-2-20 of the Administrative Code.

(13) Ensure proper management of dead livestock as required by rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge to surface waters of the state and no disposal in a manure storage or treatment facility that is not specifically designed to treat animal mortalities.

(14) Inspect drinking water lines daily, including drinking water or cooling water lines that are located above ground, readily visible or accessible for daily inspections, and record observations in the operating record weekly.

(15) The following manure storage or treatment facilities must have a depth marker or other appropriate device as approved by the director in accordance with rule 901:10-2-05 or 901:10-2-06 of the Administrative Code which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the twenty-five year, twenty four hour rainfall event:

(a) Any manure storage or treatment facility containing liquid manure.

(b) Any manure storage or treatment facility that is not covered.

(16) Inspect infrastructure and implementation of best management practices that ensure confined animals will not have direct contact with waters of the state.

(E) The director may determine that the monitoring required in paragraphs (D)(6), (D)(14), and (D)(15) of this rule may use alternative monitoring devices. Alternative monitoring devices include, but are not limited to, sensors, remote sensors, electronic alarms, wireless receivers, other real time warning systems, or other flow control structures, or other steady state overflow structures.

(1) The owner or operator shall identify the alternative monitoring devices in the manure management plan submitted to the director. In approving the manure management plan, the director may approve the alternative monitoring devices.

(2) The director may notify the owner or operator in writing to cease use of alternative monitoring devices if at any time that the director or the director's representative find that the operating record and documents maintained as required by this rule contain false or misleading information.

(F) Any deficiencies found as a result of the inspections conducted under this rule are to be corrected as soon as possible and listed in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

Last updated January 5, 2026 at 10:25 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-18

(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 under a permit to operate or a "NPDES" permit 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 with 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 the entire 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 the entire 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) The timing and description of methods to be used to remove 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 for this type of closure.

(2) If animal housing buildings are closed or if the design capacity of the facility will be reduced due to the closure of animal housing buildings, then the owner or operator shall submit a closure plan for the director's approval at least ninety days before the closure. Thereafter, the owner or operator shall implement a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the animal housing buildings will be closed or how the design capacity of the facility will be reduced. This explanation may include, but is not limited to, the following information:

(i) A description of the reduction of animals per cage, pen, lot, or barn or description of the building closure;

(ii) The reason for the reduction or building closure; and

(iii) Assurance that the reduction or building closure is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(3) If the design capacity of the facility will be reduced so that the facility is no longer required to be covered under a permit to operate or an NPDES permit, but there will be no actual closure of any housing buildings or of a manure storage or treatment facility, then the owner or operator shall, at least ninety days before such reduction, submit for the director's approval, and thereafter shall implement, a closure plan that provides for the following:

(a) Implementation of best management practices during closure.

(b) A detailed explanation of how the design capacity of the facility will be reduced without any closure of a housing building. This explanation would include information such as, but not limited to: a description of the reduction of animals per cage, pen, lot or barn, reason for reduction, assurance that the reduction is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility.

(c) If a closure of the facility involves a part of the facility being transferred to a different owner, then the owner of the permitted facility must provide the following:

(i) A copy of a revised site map showing new property lines and new ownership of each parcel;

(ii) A copy of any new deed; and,

(iii) Documentation that demonstrates how the facility, after the land transfer, will no longer meet the definition of either a concentrated animal feeding facility or a concentrated animal feeding operation.

(d) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.

(D) If a permittee seeks to close permanently a manure storage or treatment facility or to close the entire facility temporarily without terminating permit coverage, the permittee 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 the entire facility or a portion of 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 or part of a manure storage or treatment facility at 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 or part of the manure storage or treatment facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove all manure from the discontinued portions of the manure storage or treatment facility.

(c) Removal of all associated appurtenances and conveyance structures from discontinued 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) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(f) 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 for this type of closure.

(2) If a concentrated animal feeding facility or a concentrated animal feeding operation is to be temporarily closed or discontinued, the owner or operator shall implement a closure plan that addresses the temporary closure of the facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director's approval that provides for the following:

(a) Implementation of best management practices during closure.

(b) The timing and description of methods to be used to remove manure from the manure storage or treatment facilities.

(c) 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.

(d) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or "NPDES" permit, or Chapter 901:10-2 of the Administrative Code.

(e) Any other action necessary to prevent a discharge of manure during the time of the temporary closure, other than agricultural stormwater from application areas.

(3) If the closure would constitute a modification as defined in rule 901:10-1-01 of the Administrative Code, the owner or operator shall apply for a permit modification removing the closed portions of the facility from the permit and recalculating the storage volume for the facility. If applicable, the owner or operator shall also submit an application for a permit to install.

Last updated January 2, 2025 at 8:19 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-01

(A) Notice by publication.

(1) Notices in general. All notices required or authorized by section 903.09 of the Revised Code shall be published once in a newspaper having general circulation in the county in which the facility is located or proposed to be located. Publication shall be done at least thirty days prior to a public meeting, provided that publication shall be done at least forty-five days prior to a public meeting for any draft permit to install or draft NPDES permit subject to an antidegradation review. Public notice is complete upon publication.

Public notice will be given for any draft general permit to be issued by the director. Since general permits are written to cover categories of discharges within a geographic or political area, the director may give one or more notices in newspapers of general circulation for those geographic or political areas identified in the general permit.

(2) Additional requirements for NPDES information. The department shall publish a public notice within thirty days regarding receipt of a NPDES permit application and permit to install for which an antidegradation review is applicable. The purpose of public notice for a draft permit to install and a draft NPDES permit for which an antidegradation review is applicable shall be: to inform other potentially affected persons; to allow for inspection and review of the applications; to indicate whether any of the exclusions or waivers within the antidegradation rules apply to the applications; to instruct interested persons to contact the director within thirty days if they want to be on the interested parties mailing list as described in rule 901:10-6-05 of the Administrative Code for that particular permit to install or NPDES permit application; and to advertise the date, time, and place of any public meeting required under division (C) of section 903.09 of the Revised Code.

(3) The department shall give public notice of the issuance of a review compliance certificate issued pursuant to division (F) of section 903.04 of the Revised Code only to persons who own property that is contiguous to the facility for which the review compliance certificate is issued.

(4) The director shall publish notice of the issuance of a final permit once in a newspaper of general circulation in the county in which the facility is located.

(5) The director shall give public notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit, or for any actions pursuant to section 903.17 of the Revised Code.

(B) Notice by mail.

(1) The director shall mail notice of the issuance of a draft permit and a copy of the draft permit to the applicant or owner or operator and to the board of county commissioners of the county, the board of township trustees of the township, the local board of health and the local soil and water conservation district in which the facility is located or proposed to be located. The director shall also notify owners or operators of public water systems as that term is defined in section 6109.01 of the Revised Code that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit.

(2) In addition, if an antidegradation review of a NPDES permit application indicates the potential to lower water quality, the director shall provide notice by mail to the Ohio department of natural resources, the United States fish and wildlife service, any affected local areawide planning agencies and the Ohio department of development.

(3) The director shall mail notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit to the applicant or owner or operator and a copy of the proposed action to the board of county commissioners of the county and the board of township trustees of the township in which the facility is located or proposed to be located. The director shall also provide notice of the proposed action to deny, suspend, or revoke a NPDES permit to any other persons that are entitled to notice under the Federal Water Pollution Control Act.

(4) Notices shall be mailed by certified mail, return receipt requested, to the person subject thereto. Notices shall state the time and method by which the applicant or permit holder may request public meeting. A statement as to when a final permit will be issued may accompany draft permits.

(a) If a draft permit or proposed action is issued with an effective date and the permit is later signed by the director without being changed further, the department need not, at the time of entry, provide notice or a copy of the permit to the person subject thereto.

(b) If a draft permit or proposed action is issued without an effective date, and the department later assigns an effective date without changing the action further, the department shall mail notice to the person subject thereto informing the person of the effective date.

(5) If the applicable law grants a right to appeal the final permit or order of the director to the environmental review appeals commission, mailings required by this paragraph shall be accompanied by a notice stating the time and method by which the appeal must be filed.

(C) Notice of a public meeting is not required for the modification of a permit made with the consent of the permittee for the correction of typographical errors.

(D) The director may also hold a public meeting at the director's discretion, whenever, for example, such a public meeting might clarify one or more issues involved in the permit decision.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: June 8, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-04

(A) Not later than thirty days after public notice of a draft permit, draft permit modification, or a proposed action to deny, suspend, or revoke a permit, any person may file a request for a public meeting. This paragraph does not apply to amended draft actions or to a NPDES permit application where an antidegradation review is required.

(B) Public meetings and antidegradation review and NPDES permits.

(1) Within ninety days of receipt of the application for any permit to install with a NPDES permit, the director shall hold a public meeting where an antidegradation review is required for any category three wetland, a designated outstanding national resource water, outstanding high quality water, state resource water or superior high quality water. The public meeting shall be for the purpose of evaluating issues related to lower water quality.

(2) Within ninety days of receipt of the application, the director shall hold a public meeting for any permit to install application and any NPDES permit application where the application indicates that an antidegradation review is required for general high quality waters other than category three wetlands and for limited quality waters, and the director also determines that there is significant public interest. This meeting is held concurrently with the meeting for the draft permit.

(C) If the director determines that there is significant public interest as described in paragraph (D) of this rule in a draft permit to install, permit to operate, NPDES permit, or modification of any permit, in the antidegradation review described in paragraph (B)(2) of this rule, or in any proposed action to deny, suspend, or revoke a permit, or where required to do so by statute or rule, the director shall hold one public meeting in the county where the facility is located or in a contiguous county. In consideration of an application for issuance of a permit, the director may hold one public meeting prior to issuance of a permit. When allowed by the antidegradation policy, the director shall hold the public meeting on antidegradation issues concurrently with any public meeting held for the draft permit.

The director may take other, reasonable steps to inform the public about draft permits, including fact sheets, brochures or other informal sessions with the public and the permittee.

The director may include representatives from other government departments, offices and agencies to participate in public meetings and otherwise invite these persons to provide pertinent information to the public.

(D) Significant public interest means statements made in writing by twenty or more persons expressing interest in the draft permit before the director or in the antidegradation review and requesting a public meeting. Significant public interest may also include expressed interest by one or more public officials.

(E) Public notice of the public meeting shall be published at least thirty days prior to the public meeting in a newspaper of general circulation and shall include:

(1) The address and telephone number of the office at the Ohio department of agriculture where department files and records pertaining to the proposed action or issuance are located and may be inspected and copied and instructions for persons desiring to obtain additional information, including the NPDES mailing list.

(2) The name and address of the applicant.

(3) The location of the facility and a short description of each existing or proposed discharge point and the name(s) of the receiving water(s).

(4) The date of issuance of the notice of the draft permit.

(5) The time, date, and location of the public meeting if applicable.

(6) A concise statement of the issues raised by those requesting a public meeting.

(7) A statement:

(a) That any interested person may appear and present written and/or oral statements, in person or by a representative.

(b) That the purpose of the meeting is to obtain additional information that will be limited to the criteria that are applicable to the permit application that is the subject of the public meeting and will be considered by the director prior to the director's taking final action on the draft permit under consideration.

(c) That a transcript, recording or other complete record will be made of the public meeting.

(F) In any public meeting, the director may appoint a presiding officer to conduct the meeting. The officer shall state at the beginning of the meeting the manner in which the meeting will be conducted, time limits for testifying, and any other procedures for conducting the meeting. Procedures and time limits may vary according to the number of people wishing to testify, the time the meeting starts, weather conditions and other situations affecting the length of the meeting. On the date and at the time and place specified in the notice, the public meeting shall be held at which any person:

(1) May appear and be heard in person or by a representative, or both;

(2) May present statements orally or in writing, or both. All comments whether written or oral shall be considered equally in making a final decision, provided that comments are submitted with the name and address of the person presenting the statements for the record.

(G) Any person requesting time to make an oral comment at the meeting must register their name and address prior to the beginning of the meeting. Persons shall be called to provide a statement for the record in the order of registration, unless the presiding officer determines otherwise.

(H) Information presented by any person shall be limited to the criteria and information that are applicable to the permit application that is the subject of the public meeting. The officer may rule out of order any person who does not address comments to the matter that is the subject of the public meeting.

(I) Persons attending the public meeting are authorized to tape or videotape the proceedings provided the following requirements are met:

(1) The hearing officer is notified at least twenty-four hours prior to the start of the public meeting unless prior notice is waived by the hearing officer; and

(2) The public meeting is not interrupted or disturbed.

(J) Close of public comment period.

(1) Persons, including applicants, who believe any condition of a draft permit is inappropriate or that the director's tentative decision to deny, issue, or terminate a permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public meeting). Any supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the record in the same action, or consist of state or federal statutes and regulations, or other generally available reference materials. Commenters shall make supporting materials not already included in the record available to the director.

(2) At the time that any final permit action is issued the director shall issue a response to comments or "responsiveness summary."

(3) No final action shall be issued until after the director has considered the responsiveness summary. The responsiveness summary shall briefly describe and respond to all significant comments raised during the public comment period or during the public meeting on the draft permit action or, in the case of a NPDES permit with antidegradation applicability, the permit application. The responsiveness summary shall specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-4-05 General operating permit.

A general permit to operate shall be effective from the date of issuance for a fixed term not to exceed five years. Holders of certificates of coverage under this permit shall comply with the following specified conditions and limitations.

(A) Applicability. "Concentrated animal feeding operation" or "CAFO" has the same meaning as division (F) of section 903.01 of the Revised Code and refers to those operations that are subject to the federally enforceable provisions of a permit into which NPDES requirements have been incorporated. "Concentrated animal feeding facilities" or "facilities" have the same meaning as division (E) of section 903.01 of the Revised Code and refer to those facilities that are subject to permits to operate. With respect to NPDES operations, the following requirements also apply to and are enforceable pursuant to the Act and to the extent authorized by federal law:

(1) The information required for NPDES permits in rule 901:10-1-02 of the Administrative Code;

(2) The information required in rule 901:10-3-01 of the Administrative Code except where general NPDES permits are specifically excluded;

(3) 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;

(4) Inspections required in rule 901:10-2-08 of the Administrative Code;

(5) 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;

(6) An emergency response plan containing the information required in rule 901:10-2-17 of the Administrative Code; and

(7) An annual report required in rule 901:10-2-20 of the Administrative Code.

(B) Performance standards.

(1) Compliance is required with rules 901:10-2-08 to 901:10-2-19 of the Administrative Code.

(2) The facility permitted under a general permit shall be effectively maintained and operated to prevent the discharge of pollutants to waters of the state. Facilities which are in compliance with their manure management plan (MMP) and a general permit which unintentionally discharge as a result of the twenty-five year, twenty-four hour storm event or greater will not be considered to be in violation of this permit.

(3) For new and existing facilities, the operating level of manure treatment lagoons and manure storage ponds in rule 901:10-2-06 of the Administrative Code must have at a minimum containment capacity at the prospective operating level that can also contain adequate storage for a twenty-five year, twenty-four hour storm event, one foot of freeboard and any additional storage required in the MMP.

(4) For new and expanding facilities, the operating level of fabricated structures in rule 901:10-2-05 of the Administrative Code must have at a minimum storage volume at the prospective operating level that can also contain adequate storage for a twenty-five year, twenty-four hour storm event and six inches of freeboard and any additional storage required in the MMP.

(5) The manure management plan, the operating record and insect and rodent control plan are incorporated by reference into a general permit to operate. The permittee shall maintain compliance with an approved MMP, the operating record rules and insect and rodent control plan as required under state law.

(6) A facility may be expanded by not more than ten per cent in excess of the design capacity set forth in the current design capacity, provided that in no case during a five year period shall the facility's capacity be increased by more than ten per cent in the aggregate and further, that in no case shall the capacity be increased so as to exceed the number of animal units authorized in the category of the general permit.

(7) New or expanding facilities are required to be inspected by the director or an authorized representative in a timely manner prior to stocking the animals.

(8) A copy of the certificate of coverage ("COC"), general permit, distribution and utilization records, the insect and rodent control plan, the operating record and the MMP shall be maintained at the site office where manure management activities are being conducted for the life of the general permit. These documents shall be kept in good condition and shall be maintained in an orderly fashion.

(C) Operation and maintenance requirements.

(1) The manure storage or treatment facilities and equipment shall be properly maintained at all times.

(2) The manure land application sites and setbacks as required in appendix A of rule 901:10-2-14 of the Administrative Code shall be properly maintained at all times.

(3) The phosphorus and nitrogen application rates shall be maintained as set forth in paragraphs (B) to (E) rule 901:10-2-14 of the Administrative Code. Available water capacity identified in the MMP shall be maintained in accordance with appendix B of rule 901:10-2-14 of the Administrative Code.

(4) Unless designed and permitted to do so, domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the manure storage or treatment facility.

(5) Disposal of dead animals shall be done in accordance with specified best management practices and rule 901:10-2-15 of the Administrative Code.

(6) All stormwater conveyances shall be inspected and maintained to keep runoff from the surrounding property and buildings and shall be diverted away from the manure treatment lagoons and/or manure storage ponds to prevent any unnecessary addition to the liquid volume in these structures unless the lagoons and/or ponds are designed for such runoff containment.

(7) A protective vegetative cover shall be maintained on all disturbed areas (manure treatment lagoon or manure storage pond embankments, berms, pipe runs, erosion control areas, etc.). Emerging vegetation such as trees, shrubs and other woody species shall not be allowed to grow on the dikes or side slopes of manure treatment lagoons or manure storage ponds. Manure treatment lagoon and manure storage pond areas are to be kept mowed and accessible unless these areas are grassed waterways or buffers that manage precipitation runoff and stormwater.

(8) Management of the manure residuals shall be in accordance with the MMP.

(9) When removal of manure residuals from the manure storage or treatment facilities is necessary, provisions must be taken to prevent damage.

(10) Solid materials including, but not limited to, bottles, light bulbs, gloves, syringes or any other solid waste from the facility shall be prevented from entering the manure storage or treatment facility.

(11) The owner or operator must have at all times: adequate manure application and handling equipment on site; an agreement to acquire or have use of the necessary equipment; a third party applicator capable of providing adequate manure application equipment; or a distribution and utilization plan.

The equipment must be capable of land applying the manure on the sites specified in the MMP, including compliance with the agronomic rate, available water capacity for the land application sites and incorporation of manure, where required. Records shall be maintained in the operating record as required in rule 901:10-2-16 of the Administrative Code.

(D) Monitoring and reporting requirements.

(1) Manure treatment and storage facilities under the control of the owner or operator shall be inspected for evidence of erosion, leakage, damage or discharge. A written chronological record of maintenance and repairs shall be maintained in the operating record and be made readily available during a scheduled inspection of the facility. These records shall also be made available at the request of the director. All repairs shall be completed promptly. The department shall inspect any major structural repairs.

(2) If not already installed at a facility, a liquid level board or staff gauge or other appropriate device, as approved by the director, shall be installed within sixty days of issuance of the COC under a general permit to monitor manure levels. This board or gauge or other appropriate device, as approved by the director, shall have readily visible permanent markings indicating the summation of the residual manure volume and minimum storage or treatment design volume and shall be designated as the "stop pumping" elevation. The liquid level board, staff gauge or other appropriate device, as approved by the director, shall also indicate the elevation corresponding to the summation of the maximum storage volume, residual solids minimum storage, volume, runoff and wash down volumes and manure volume and shall be designated as "start pumping" elevation. Where manure storage ponds are utilized, only a gauge with visible permanent markings indicating when the pump-out begins and freeboard elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Levels shall be recorded in the operating record that must be maintained at the facility, in compliance with the MMP.

(3) Soil testing shall be conducted as described in the MMP on each land application site receiving manure. The results of these tests shall be maintained in the operating record by the owner or operator for a minimum of five years and shall be made available to the director.

(4) An analysis of the manure from the manure storage or treatment facility shall be conducted initially after issuance of the COC and thereafter as described in the MMP. This analysis shall include the parameters listed in the MMP.

(5) Proper records, including maintenance, repairs and the operating record, shall be maintained on site and in chronological and legible form for a minimum of five years. These records shall be readily available for inspection in the operating record.

(E) Emergency response plan.

An emergency response plan must be developed that shall include 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 an actual or imminent discharge to waters of the state:

(a) Actions to contain or manage the spill or discharge;

(b) Identification of proper authorities to be contacted;

(c) Actions to mitigate any adverse effects of a spill or discharge; and

(d) Identification of equipment and cleanup materials to be used in the event of a spill or discharge.

(4) Procedures for reporting. The owner or operator shall report by telephone to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following:

(a) The time at which the discharge or spillage occurred, if known, and or was discovered;

(b) The approximate amount and characteristics of the discharge or spillage;

(c) The receiving waters affected by the discharge or spillage;

(d) The circumstances that created the discharge or spillage;

(e) The names and telephone numbers of the persons who have knowledge of these circumstances;

(f) Those steps being taken to clean up the discharge or spillage; and

(g) The names and telephone numbers of the persons responsible for the cleanup.

(5) For any emergency that requires immediate reporting after normal business hours, the owner or operator shall contact the Ohio department of agriculture's emergency telephone number.

(6) If applicable, the owner or operator shall notify the appropriate local authorities.

(7) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence unless waived by the director permitting an extension of time. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur.

(F) Inspections.

Any duly authorized officer, employee or representative of the department may inspect the permitted site at any reasonable time upon presentation of credentials and in accordance with reasonable and appropriate biosecurity measures, for the purpose of determining compliance with this permit; may inspect or obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain samples of the manure, soil, groundwater or surface water.

(G) General conditions.

(1) In addition to the general conditions set forth in this paragraph, the owner or operator of an NPDES operation shall comply with the standard terms and conditions set forth in rule 901:10-3-10 of the Administrative Code.

(2) Upon reasonable cause to believe that any activities pursuant to this permit may cause or contribute any manure, directly or indirectly, to be intermixed with the waters of the state, the department may require any monitoring (including but not limited to groundwater, surface water and soil) necessary to determine the source, quantity, quality and effect of such waste upon the waters of the state. Such monitoring, including its scope, frequency, duration and any sampling, testing and reporting systems, shall meet all applicable requirements, including records maintained in the operating record. The director has the ability to determine that an individual NPDES or general NPDES permit may be required.

(3) Failure to abide by the conditions and limitations contained in this permit and any COC issued under a general permit may subject the owner or operator to an enforcement action in accordance with Ohio law and may include the requirement to obtain an individual permit, the addition of manure storage or treatment facilities or the addition of land application sites.

(4) The issuance of a COC under a permit does not excuse the owner or operator from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state and federal).

(5) If animal production is to be suspended or terminated, the owner or operator is responsible for developing, implementing and completing a closure plan in accordance with rule 901:10-2-18 of the Administrative Code which will eliminate the possibility of an illegal discharge, pollution and the potential for environmental degradation to waters of the state and shall be in accordance with applicable closure standards in effect when the closure plan is developed and implemented.

Last updated September 14, 2023 at 10:54 AM

History

• Effective: June 8, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-02

(A) Requirements for an individual permit to install and an individual permit to operate:

(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 complete application for a permit to installor a permit to operate must include:

(a) All required information as set forth in Chapter 901:10-2 of the Administrative Codewhich shall accompany the application.

(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.

(3) An application for a permit to install and a permit to operate shall include information on ownership and background, including but not limited to, the following information:

(a) The name, mailing address and location of the facility for which the permit to install and permit to operate application is submitted;

(b) The name, address, telephone number and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or all officers and directors if the owner is a corporation, and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner;

(c) The name, mailing address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, director, or managers of the operator;

(d) 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 owner or operator 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 application and the permit to operate application are submitted simultaneously as provided in paragraph (A)(1) of this rule, then the following information is sufficient to satisfy the requirements of the permits:

(i) A list of all animal feeding facilities, including concentrated animal feeding facilities, that the owner or operator of the proposed new or modified concentrated animal feeding facility owns, has owned, has operated or is operating in the state of Ohio. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(ii) A list of all animal feeding facilities, including concentrated animal feeding facilities that the owner or operator owns, has owned, 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 animal feeding facilities and concentrated animal feeding facilities that the owner or operator owns, has owned, has operated, or is operating outside the United States. Include in the list the names of the animal feeding facilities, the names of the concentrated animal feeding facilities, facility addresses, county, permit identification if applicable, and beginning date of ownership;

(iii) The lists of animal feeding facilities and concentrated animal feeding facilities owned or operated by the owner or operator within or outside the state of Ohio or outside the United States shall include, respectively, all such facilities owned or operated by the owner or operator during the five year period immediately preceding the submission of the application;

(iv) A list of all administrative enforcement orders, that includes the order title, jurisdiction, and case number, issued to the owner or operator, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States;

(v) A list of all civil actions, that includes the action title, jurisdiction, and case number, 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 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States; and

(vi) A list of all criminal actions, that includes the action title, jurisdiction, and case number, 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 owns, has owned, 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 owns, has owned, has operated, or is operating outside of the United States.

(4) 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.

(5) 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.

(6) An application for a permit to install for 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.

(7) A certification statement signed by the facility owner that reads: "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."

(8) 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, along with an additional copy for each permit required.

(b) The director shall not begin processing a permit application until the applicant has fully complied with the application requirements for the permit in accordance with paragraph (A)(2) of this rule.

(c) Permit applications must comply with the signature and certification requirements of this rule.

(d) If an owner or operator 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 Chapter 903. of the Revised Code and rules promulgated thereunder.

(B) The owner or operator shall maintain a copy of the current permit to install and permit to operate issued by the department.

(C) Duration and renewal.

(1) Permit to install.

(a) A permit to install shall expire after twenty-four months from the date of issuance unless the owner or operator has undertaken a continuing program of construction or has entered into a binding contractual obligation to undertake and complete a continuing program of construction within a reasonable time.

(b) The director may extend the expiration of a permit to install upon request of the owner or operator. An extension, if approved, will be valid for twelve months from the previous expiration date of the permit to install.

(c) Any further extensions are at the discretion of the director.

(2) Permit to operate.

(a) A permit to operate shall be valid for a period of five years.

(b) A permit to operate may be renewed. An application for renewal of a permit to operate shall be submitted to the director at least one hundred eighty days prior to the expiration date of the permit to operate and comply with the requirements governing application for permits to operate that are established by rules, including rules 901:10-2-07 to 901:10-2-20 of the Administrative Code.

(c) An owner or operator who timely submits an application for renewal of a permit to operate to the director in compliance with paragraph (C)(2)(b) of this rule, may continue operating under the terms and conditions of the expired permit until the director issues a final permit to operate in accordance with section 903.09 of the Revised Code.

(D) A permit to operate application or a permit to install application will be acted upon not later than ninety days after receipt of a complete application as provided by paragraph (A)(8) of this rule. The director may provide guidance and technical assistance to the owner or operator, provided that the owner or operator is responsible for compliance with the permit and the director shall not be precluded from pursuing enforcement against the owner or operator for violations of Chapter 903. of the Revised Code and the rules promulgated thereunder.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-01

(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.

(C) Any person who discharges or proposes to discharge pollutants and who does not have an effective NPDES permit, except persons covered by a general NPDES permit, must submit a complete application to the director in accordance with this rule. The director shall not issue a NPDES permit before receiving a complete application for a NPDES permit except NPDES general permits. An application for a NPDES permit is complete when the director receives an application form and any supplemental information which are completed to his or her satisfaction. All applicants for NPDES permits must provide the following information to the director:

(1) The activities conducted by the applicant, which require it to obtain a NPDES permit;

(2) The following information about the applicant's facilities:

(a) Information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, chickens other than layers, 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) The types of manure storage areas, waste containment areas, and total capacity for manure storage (tons/gallons);

(c) The total number of acres under control of the applicant available for land application of manure;

(d) Estimated amounts of manure generated per year (tons/gallons);

(e) Estimated amounts of manure transferred to other persons per year (tons/gallons); and

(f) For operations that must seek coverage under a permit after December 31, 2006, certification that a nutrient management plan has been completed and will be implemented upon the date of permit coverage.

(3) The name and address of the owner and operator and information required by paragraph (C)(1) of rule 901:10-2-01 of the Administrative Code;

(4) Whether the operation is located on Indian lands;

(5) A listing of all permits or construction approvals received or applied for under any of the following programs:

(a) Hazardous waste management program under the Resource Conservation and Recovery Act (RCRA);

(b) Underground injection control (UIC) program under the Safe Drinking Water Act (SDWA);

(c) The "Prevention of Significant Deterioration" (PSD) program under the Clean Air Act;

(d) Non-attainment program under the Clean Air Act;

(e) "National Emissions Standards for Hazardous Pollutants" (NESHAPS) preconstruction approval under the Clean Air Act;

(f) Dredge or fill permits under section 404 of the Clean Water Act;

(g) Other relevant environmental permits, including state permits;

(6) Latitude and longitude of the production area (entrance to the production area); and

(7) A topographic map of the geographic area in which the concentrated animal feeding operation is located showing the specific location of the production area.

(D) Purpose and applicability of the individual NPDES permit.

Persons that have been issued a NPDES permit by the director are required to comply with the following requirements as determined by the director:

(1) Rule 901:10-3-10 of the Administrative Code;

(2) Rules 901:10-3-02 to 901:10-3-06 of the Administrative Code;

(3) Applicable water quality standards adopted under section 6111.041 of the Revised Code;

(4) National standards of performance for new sources;

(5) The antidegradation policy adopted under section 6111.12 of the Revised Code;

(6) Other applicable requirements of the act; and,

(7) The terms of the concentrated animal feeding operation's manure management plan. For purposes of NPDES permitting, the terms of the manure management plan are the information, protocols, best management practices, and other conditions in the manure management plan determined by the director to be necessary to meet the following requirements:

(a) Ensure adequate storage of manure, including procedures to ensure proper operation and maintenance of manure storage or treatment facilities. These requirements include the operating levels, freeboard, and inspections for manure storage or treatment facilities established in the manure management plan pursuant to paragraphs (D)(1) to (D)(3) and (D)(5) to (D)(7) of rule 901:10-2-08 of the Administrative Code;

(b) Ensure proper management of livestock mortalities as required in paragraph (A)(4)(m) of rule 901:10-2-08 and rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge of pollutants from mortalities to waters of the state and no disposal in a manure or storm water storage or treatment facility that is not specifically designed to treat animal mortalities;

(c) Ensure that clean water is diverted, as appropriate, from the production area, in accordance with paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(d) Prohibit direct contact of confined animals with waters of the state as required in paragraph (A) of rule 901:10-2-08 of the Administrative Code;

(e) Ensure that chemicals and other contaminants handled on-site are not disposed of in any manure or storm water storage or treatment facility that is not specifically designed to treat such chemicals and other contaminants, as required by paragraph (D)(4) of rule 901:10-2-08 of the Administrative Code;

(f) Identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state, as required in paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(g) Identify the protocols for appropriate testing of manure and soil as required in rules 901:10-2-10 and 901:10-2-13 of the Administrative Code;

(h) Identify specific records that will be maintained as required by paragraphs (A)(1)(a) to (A)(1)(f), (A)(1)(k) to (A)(1)(l), (A)(2), (A)(3)(b) to (A)(3)(s), and (A)(6) of rule 901:10-2-16 of the Administrative Code, to the extent they are applicable to the facility's manure management plan;

(i) Establish protocols to land apply manure in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure. The terms of the manure management plan, with respect to protocols for land application of manure, include the land application areas identified as available pursuant to paragraph (C) of rule 901:10-2-09 of the Administrative Code; the field-specific rates of application properly developed, pursuant to the requirements of rule 901:10-2-14 of the Administrative Code, to ensure appropriate agricultural utilization of the nutrients in the manure; and any timing limitations identified in the manure management plan concerning land application on the land application areas. The terms must address rates of application using the approach set forth below, consistent with the requirements of rule 901:10-2-14 of the Administrative Code.

(i) The terms include the maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the manure management plan, in chemical forms determined to be acceptable to the director, in pounds per acre, for each land application area, and certain factors necessary to determine such amounts. At a minimum, the factors that are terms must include: the outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field determined pursuant to paragraphs (D) and (E) of rule 901:10-2-14 of the Administrative Code; the planned crops to be planted in each field or any other uses such as pasture or fallow fields (including alternative crops identified in accordance with paragraph (D)(1)(g)(ix)(b) of this rule; the realistic yield goal for each crop or use identified for each land application area; and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop or use identified for each field. In addition, the terms include the methodology by which the manure management plan accounts for the following factors when calculating the amounts of manure to be land applied: results of soil tests; credits for all nitrogen in the field that will be plant available; the amount of nitrogen and phosphorus in the manure to be applied; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; the form and source of manure; the timing and method of land application; and volatilization of nitrogen and mineralization of organic nitrogen. The methodology that must be used to account for each of these factors is set forth in rules 901:10-2-13 and 901:10-2-14 of the Administrative Code.

(ii) The terms of the nutrient management plan include alternative crops identified in the concentrated animal feeding operation's manure management plan that are not in the planned crop rotation. Where a concentrated animal feeding operation includes alternative crops in its manure management plan, the crops must be listed by land application area, in addition to the crops identified in the planned crop rotation for that land application area, and the manure management plan must include realistic crop yield goals and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of manure to be applied must be determined in accordance with the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule.

(iii) The following projections must be included in the manure management plan submitted to the director, but are not terms of the nutrient management plan: The concentrated animal feeding operation's planned crop rotations for each field for the period of permit coverage; the projected amount of manure to be applied; projected credits for all nitrogen in the field that will be plant available; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; and the predicted form, source, and method of application of manure, litter, and process wastewater for each crop. Timing of application for each field, insofar as it concerns the calculation of rates of application, is not a term of the manure management plan.

(iv) Concentrated animal feeding operations must calculate maximum amounts of manure to be land applied at least once each year using the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule before land applying manure and must rely on the following data:

(a) A field-specific determination of soil levels of nitrogen and phosphorus, including, for nitrogen, a concurrent determination of nitrogen that will be plant available consistent with the methodology required by paragraph (D)(1)(g)(ix)(a) of this rule, and for phosphorus, the results of the most recent soil test conducted in accordance with the soil testing requirements set forth in rule 901:10-2-13 of the Administrative Code; and

(b) The results of most recent representative manure tests for nitrogen and phosphorus taken within twelve months of the date of land application in accordance with rule 901:10-2-10 of the Administrative Code, in order to determine the amount of nitrogen and phosphorus in the manure to be applied.

(E) In establishing the terms and conditions of the NPDES permit, the director, to the extent consistent with the act, shall consider technical feasibility and economic costs and shall allow a reasonable period of time for coming into compliance with the permit.

(F) In addition to conditions required in all permits to meet the requirements of rule 901:10-3-10 of the Administrative Code, the director shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the act and regulations. These shall include conditions under 40 CFR sections 122.44, 122.46, 122.47, 122.48 and 40 CFR Part 132 which establishes compliance schedules and authority to set interim compliance dates.

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-13

(A) 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:

(1) 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.

(2) 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: https://www.canr.msu.edu/uploads/234/68557/rec_chem_soil_test_proce55c.pdf.

(3) 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.

(4) The manure management plan shall specify the soil sampling frequency in accordance with the following requirements:

(a) A land application area that receives manure shall be soil tested, at a minimum, once every three years; and

(b) If any land application area is used by the owner or operator for land application of manure, the land application area shall not be sampled within the six months following manure application.

(B) Results of the soil sampling events in paragraphs (A)(1) to (D)(4) of this rule shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code and include the location of the soil sample collection site, the depth of the sample collected and the analysis.

(C) In developing appropriate manure application rates for land application methods in accordance with rule 901:10-2-14 of the Administrative Code, the owner or operator shall use the Mehlich III soil test level or equivalent appropriate phosphorus soil test, (Bray P1, Olsen, phosphorus retention test), or other test methods approved by the director. The owner or operator shall choose a phosphorus soil test method and identify the selected method in the manure management plan.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-16

(A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.

The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) The manure storage or treatment facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the Administrative Code, including:

(a) Measurements of manure volume and the depth of liquid manure in manure storage or treatment facilities by the depth marker or other appropriate device as approved by the director in accordance with rules 901:10-2-05 and 901:10-2-06 of the Administrative Code as required by rule 901:10-2-08 of the Administrative Code.

(b) Records of inspections of the structural integrity and vegetative management systems of the manure storage or treatment facility taken at intervals specified in the manure management plan and including evidence of erosion, leakage, animal damage, and problems of emerging vegetation.

(c) Records of measurements of current storage capacity remaining in any manure storage and treatment facility, based upon inspections conducted at intervals specified in the manure management plan. Records shall include volume of solids accumulation, design treatment volume, total design storage volume, and approximate number of days remaining until manure reaches maximum operating level as specified in the manure management plan.

(d) Records of inspections of stormwater conveyances, diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon.

(e) Records of inspections of the protective vegetative cover that is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.)

(f) Implementation dates of those best management practices necessary to operate and maintain settling basins, grass filtration or soil infiltration systems or diverting clean water and roof water away from the production area.

(g) Records of groundwater sampling and analysis and any surface water sampling and analysis. This also includes any records associated with monitoring or sampling of subsurface perimeter drains around manure storage or treatment facilities.

(h) Records required in rule 901:10-2-19 of the Administrative Code for the insect and rodent control plan.

(i) Records of inspections of water lines located above ground and readily accessible or visible for daily inspection, including drinking water or cooling water lines.

(j) Records of actions taken to correct any deficiencies found as a result of inspections conducted in the production area. If actions were not taken within thirty days of discovery, then the operating record shall record the reasons explaining why corrections could not be made immediately.

(k) Records of the date, time, and estimated volume of any overflow or discharge from the production area.

(2) Manure characterization data, test methods, results, and other information as required in paragraph (E) of rule 901:10-2-10 of the Administrative Code.

(3) Land application area records shall be recorded and maintained in the operating record. Records for each land application area shall include:

(a) The owner or operator shall maintain or have access to adequate land application equipment and record this in the operating record. All land application equipment, including manure transfer or transportation equipment, shall be routinely monitored to ensure the equipment is not leaking, causing a spill or discharge.

(b) The owner or operator shall list or otherwise describe those acres of land in the operating record for land application of manure, whether the land is owned or leased. Land application areas identified in the manure management plan shall be accompanied by a map.

(c) The owner or operator shall identify appropriate site-specific conservation practices that are or will be implemented at a land application area, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state.

(d) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, document the periodic observations of the subsurface drain outlets and concentrated surface flow areas for liquid manure flow during and after application in the operating record.

(i) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(ii) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(e) When liquid manure is applied to a land application area with a subsurface drain, document the use of drain outlet plugs or other devices in the operating record.

(f) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(g) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(h) Records of the cropping schedule for each land application area for the past year, planned crops for the current year, and anticipated crops for the next two years after the current year.

(i) Targeted crop yield for each crop in each land application area based on:

(i) Soil productivity information;

(ii) Historical yield data;

(iii) Potential yield; or

(iv) Combinations of yield data.

(v) An additional ten per cent may be added to the potential and/or historical yields to account for improvements in management and technology.

(vi) When historical yield data is not available a realistic yield may be based on local research or on yields from similar soils and/or cropping systems in the area.

(vii) For new or potential crops or varieties, industry yield estimates may be used until actual yields are available for documentation in the operating record.

(j) Actual yield, if available.

(k) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(l) Date, rate, quantity and method of application of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(m) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(n) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(o) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation, and wind speed and direction.

(p) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(q) Implementation dates of those best management practices necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation, cover crops or residue management in accordance with paragraphs (B) to (E) of rule 901:10-2-14 of the Administrative Code.

(r) Record the annual projected nutrient budget for nitrogen and phosphate for each land application site for the plant production sequence and/or crop rotation.

(s) Records shall be maintained of annual calibration of land application equipment.

(4) Unless otherwise recorded with the insect and rodent control plan implementation or land application records, records of inspections and actions taken at manure stockpile or manure transfer sites.

(5) The records for implementation of distribution and utilization methods, if used, shall include:

(a) Quantity of manure transferred off-site for each twelve month period (tons/gallons);

(b) Date of off-site transfer for distribution;

(c) Name, certified livestock manager or agricultural fertilizer applicator certification certificate number and address of recipient of manure;

(d) Record that the recipient was provided with a copy of the appendices A, and B to rule 901:10-2-14 of the Administrative Code, a copy of the most recent manure analysis consistent with the rules; and

(e) An acknowledgment between the owner and operator and the manure recipient pursuant to rule 901:10-2-11 of the Administrative Code.

(6) Disposal of dead livestock. The records for implementing the plan for the disposal of dead livestock shall include, but not be limited to:

(a) The disposal method used for removal of dead livestock;

(b) A record of the date and time of inspection of each facility; and

(c) Those best management practices necessary to implement the disposal of dead livestock.

(7) Records shall be maintained documenting the implementation of best management practices used to ensure that confined animals will not have direct contact with waters of the state.

(B) Records shall be generated by certified livestock managers to comply with the requirements of rule 901:10-1-06 of the Administrative Code. The operating records shall be maintained on forms approved for use by the department. A certified livestock manager employed by a major concentrated animal feeding facility may use the major concentrated animal feeding facility's operating record to comply with the requirements of this rule and rule 901:10-1-06 of the Administrative Code, to the extent the records required to be kept by the certified livestock manager are already maintained in the facility's operating record. The operating record for a certified livestock manager shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) Records shall be maintained for each land application area.

(2) The certified livestock manager shall list or otherwise describe the acres of land for land application of manure. Description shall include, but is not limited to, maps identifying the land application area.

(3) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, documentation shall be made of the periodic observations of subsurface drains, drain outlet plugs, drain outlets or other devices for liquid manure flow during and after application in the operating record. Monitoring of concentrated surface flow areas during and after application shall also be documented.

(a) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(b) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(4) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(5) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test risk assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(6) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(7) Date, rate, quantity and method of application sources of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(8) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(9) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(10) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation and wind speed and direction.

(11) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(12) Records shall be maintained of annual calibration of land application equipment.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-17

(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.

(B) Procedures for reporting.

(1) The owner or operator shall report by telephone, by call or text message, or by electronic mail to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following:

(a) The times at which the discharge or manure spill occurred and was discovered;

(b) The approximate volume, source and the characteristics of the discharge or manure spillage;

(c) The name or the location and description of the waters of the state affected by the discharge or spillage;

(d) The circumstances which created the discharge or spillage;

(e) The names and telephone numbers of persons who have knowledge of these circumstances;

(f) Those steps being taken to clean up the discharge or spillage; and

(g) The names and telephone numbers of persons responsible for the cleanup.

(2) For any emergency that requires immediate reporting after normal business hours, contact a division representative or the Ohio department of agriculture's emergency telephone number.

(3) If applicable, the owner or operator shall notify the appropriate local authorities.

(4) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence that outlines the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not reoccur. The director may allow for an extension of time or waive the reporting requirement.

Last updated June 25, 2025 at 7:22 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-20

The owner or operator of a concentrated animal feeding facility with a permit to operate shall submit an annual report to the director by January thirty-first of the following year and include the following information:

(A) The permitted number (permitted design capacity) and type of animals, the current number and type of animals, whether animals are 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 (tons/gallons) generated by the facility in the previous calendar year;

(C) Provide the amount of total manure (tons/gallons) land applied under the control of the facility in the previous calendar year;

(D) Provide the amount of total manure transferred to other persons by the facility in the previous calendar year as recorded in the operating record in accordance with rule 901:10-2-11 of the Administrative Code;

(E) 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;

(F) Total number of acres used for land application of manure under control of the facility in the previous calendar year; and

(G) Summary of all manure discharges from the production area that have occurred in the previous calendar year, including date, time, and approximate volume.

Last updated January 5, 2026 at 11:17 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-19

(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 isstockpiled or land applied. Subject to the requirements set forth in rules 901:10-2-07 and 901:10-2-08 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.

(B) Contents of an insect and rodent control plan.

(1) An insect and rodent control plan shall be prepared by the owner or operator and be submitted to the director for approval. Upon approval by the director, the insect and rodent control planwill be incorporated into the permit to operate.

(2) An insect and rodent control plan shall:

(a) Be specific to the agricultural animal species of the concentrated animal feeding facility.

(b) Include a narrative description of a balanced integrated pest management to minimize the presence and negative effects of insects and rodents;

(c) Set forth with specificity the standard operating procedures for actions to minimize the activity and reduce the presence of insects and rodents at the facility; and

(d) Set forth methods of monitoring and procedures for record keeping in the operating record to document inspection results and actions performed.

(3) Standard operating procedures set forth in paragraphs (B)(3)(a) to (B)(3)(d) and paragraph (C) of this rule set forth some but not all of the necessary integrated pest management actions to minimize the activity and reduce the presence of insects and rodents at the facility.

(a) Management controls. The following management controls require regular inspections to be conducted by the owner or operator in intervals as described in the insect and rodent control plans. Monitoring records and inspection records shall be maintained in the operating record as required by rule 901:10-2-16 of the Administrative Code. Management controls consist of the following:

(i) The owner or operator shall specify inspection intervals in the insect and rodent control plan and conduct and document inspections as specified in the plan.

(ii) The owner or operator shall inspect for the presence or absence of watering and feeding system leaks. If any leaks are detected, appropriate repairs shall be undertaken promptly.

(iii) The owner or operator shall inspect and record observations made regarding the presence and level of pest activity. Appropriate control actions shall be undertaken promptly when activity of insects and rodents is observed that requires actions as described in the plan required by paragraph (B)(2) of this rule.

(iv) The owner or operator shall manage moisture levels in manure to minimize the activity and reduce the presence of insects and rodents at the facility. Methods to control moisture may include but are not limited to: building design; adequate ventilation; mechanical aeration; leak detection and repair; proper site grading and drainage and maintenance of watering and feeding systems.

(v) Except for manure storage ponds and manure treatment lagoons, manure storage or treatment facilities shall be covered unless the runoff and drainage is collected and stored, or directed to a specifically designed infiltration area or other adequate treatment system. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents at the facility.

(vi) Except for manure storage ponds and manure treatment lagoons, the owner or operator shall inspect manure storage or treatment facilities for pest activity prior to the removal of manure. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents.

(vii) The owner or operator shall inspect land application areas for insect and rodent activity during and after the land application of manure.

(viii) The owner or operator shall monitor manure stockpiles for insect and rodent activity on a seasonally appropriate basis.

(b) The following management actions are required but do not require record keeping, unless specified otherwise in the permit to operate, and consist of the following:

(i) Maintain sanitation procedures designed to minimize the activity and reduce the presence of insects and rodents including: maintenance of vegetation around the buildings; cleaning of the facility; removal of dead or trapped animals at a frequency that prevents their accumulation and utilization of covered receptacles for food, feed, dead animals or refuse that are durable, cleanable, inaccessible to insects or rodents, leak proof and nonabsorbent;

(ii) Buildings shall be maintained and managed in such a manner as to minimize the activity and reduce the presence of insects and rodents. The director may consider the function, purpose and age of the buildings;

(iii) The owner or operator shall maintain or have prompt access to appropriate insect and rodent control equipment;

(iv) The owner or operator shall maintain or have prompt access to suitable cleaning implements and supplies as necessary for effective cleaning of the facility; and

(v) The owner or operator shall maintain or have prompt access to insect and rodent monitoring methods and devices.

(c) Biological controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management. Biological controls shall include standard operating procedures designed to encourage the development and preservation of beneficial organisms.

Beneficial organisms may be appropriate when contained within the facility but may not be appropriate when removed from the facility. Prior to manure removal, the owner or operator is advised to evaluate the potential effects of beneficial organisms outside of the facility, e.g., at any site used for land application of manure.

(d) Chemical controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management.

Utilization of chemical controls may require, but not be limited to, asking the owner or operator to become a certified pest control applicator and keep accurate records on methods or products used and on dosage rates under Chapter 921. of the Revised Code.

(e) Utilization of chemical controls may include, but not be limited to the following:

(i) Insecticides, larvicides, rodenticides, space sprays, fly baits, vapor strips;

(ii) Chemical application equipment; and

(iii) Inside and outside control measures.

(C) Storing, stockpiling and land applying manure.

(1) The insect and rodent control plan shall be consistent with the manure management plan in order to minimize the activity and reduce the presence of insects and rodents at the facility and include the manure storage or treatment facilities and the land application areas.

(2) The storing, stockpiling and land application of manure shall be completed in accordance with standard operating procedures set forth in this paragraph and in the owner or operator's insect and rodent control plan in order to minimize the activity and reduce the presence of insects and rodents. These standard operating procedures may include but are not limited to:

(a) Treatment of pests at the land application area;

(b) Setback distances during land application that are consistent with the manure management plan for the facility and with rule 901:10-2-14 of the Administrative Code;

(c) Extended stockpiling times after removal from the facility for thermal treatment and prior to land application;

(d) Covering of the manure storage or treatment facility or covering the stockpile for thermal treatment;

(e) Implementing appropriate control measures for manure staged or stockpiled more than one week; and

(f) Chemical treatment of the manure at the facility prior to the removal of manure from the manure storage or treatment facility, monitoring and observing land application areas spread with that manure for pest activity during application, and a final inspection of those land application areas when applications are complete;

(g) If the presence of insect and rodent activity is not minimized and/or reduced prior to the removal of manure from the manure storage or treatment facility, the owner or operator shall visually monitor and observe land application areas spread with that manure for pest activity during application and conduct a final inspection of those land application areas when applications are complete.

(D) Emergency procedures. Each facility shall develop and maintain emergency procedures of action in order to minimize the activity and reduce the presence of insects and rodents at the facility.

(E) Compliance. Compliance with an insect and rodent control plan shall be determined as follows:

(1) Before proceeding with the procedures set forth in rule 901:10-5-03 of the Administrative Code, the director shall review the operating record, together with the insect and rodent control plan, examine any records of management actions taken, records of implementation of standard operating procedures and other appropriate control actions, and any monitoring data collected in the operating record.

(2) The director shall determine if insect and rodent activity has been minimized and the presence of the insects and rodents reduced by evaluating the records and assessing trends and making visual observations at the facility as evidenced by implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making this determination for an appropriate period of time, consideration will be given, but not limited to the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects and weather conditions.

(3) Upon completion of the evaluation described in paragraphs (E)(1) and (E)(2) of this rule, the director may do the following:

(a) If the owner or operator is in compliance with the plan, the director may seek voluntary action by the owner or operator to modify the insect and rodent control plan including but not limited to further minimizing and reducing the activity and presence of insects and/or rodents at the facility; or

(b) If the owner or operator will not consent to modifying the plan, or if the owner or operator is not in compliance with the plan, then the director may propose to modify the insect and rodent control plan or the owner or operator may submit an application to modify the plan, in accordance with the procedures in rule 901:10-1-09 of the Administrative Code.

(4) The director is not required to comply with paragraphs (E)(1) to (E)(3) of this rule if the director determines:

(a) An emergency exists as described in rule 901:10-5-05 of the Administrative Code; or

(b) In consultation with federal, state or local health agencies, the director determines that there exists a high risk of zoonotic disease.

(F) Criteria for approving, disapproving or modifying an insect and rodent control plan including any major operational change to an insect and rodent control plan.

(1) The director shall consider the following criteria in determining an action on an insect and rodent control plan:

(a) Compliance with paragraphs (B) to (D) of this rule.

(b) Completeness and appropriateness of the methods for disposal of rodents on a daily or weekly basis or if there is an emergency. The director will require compliance with rule 901:10-2-15 of the Administrative Code.

(c) In order to comply with rule 901:10-1-09 of the Administrative Code for any proposed major operational change of the insect and rodent control plan, the owner or operator shall:

(i) Demonstrate that insect and rodent activity has been minimized; or

(ii) Demonstrate that the proposed major operational change will improve the management of pests; and

(iii) Authorize the director to evaluate the operating records and assess trends and make visual observations at the facility of implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making a determination under this paragraph and rule 901:10-1-09 of the Administrative Code, the director may consider the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects, weather conditions, and applicable scientific and technical references for monitoring and control of insect and rodent populations.

(2) The director must act upon, approve or deny an insect and rodent control plan within ninety days of receiving it.

(G) Penalties. The director will determine civil penalties for violations of this rule in accordance with the rule 901:10-5-04 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-06

(A) A manure storage pond or manure treatment lagoon subject to this rule shall be designed and the plans stamped by a professional engineer. The following design and construction criteria shall be followed:

(1) An exploratory trench shall be excavated a minimum of four feet below natural grade to investigate for subsurface drainage lines in the immediate area of the manure storage pond or manure treatment lagoon. Any lines found shall be removed or relocated to provide for a minimum separation distance of not less than fifty feet between the top inner perimeter of the manure storage pond or manure treatment lagoon and the subsurface drainage line unless the subsurface drainage line is necessary to comply with paragraph (A)(9)(a) of this rule.

(2) If not already installed at the facility, a liquid level board, staff gauge, depth marker, or other appropriate device, approved by the director, shall be installed within the interior of the liquid manure storage pond or manure treatment lagoon to monitor manure levels. This device shall indicate levels every one foot in vertical elevation and shall indicate levels as described in paragraph (D)(1) of rule 901:10-2-08 of the Administrative Code.

(3) Agitation and pump-out points shall be shown on plans for a manure storage pond and a manure treatment lagoon with scour protection required.

(4) An emergency spillway may be included at the one foot freeboard level and shall be directed to a specifically designed filter strip or infiltration areas if the facility is constructed with an earthen embankment.

(5) Embankments.

(a) The minimum embankment top width shall be eight feet for embankments less than fifteen feet, ten feet for embankments ranging in height from fifteen to less than twenty feet, and twelve feet for embankments ranging from twenty to twenty-five feet high, as measured from the low point on the downstream toe to the top of the dam.

(b) If the embankment is to be traversed by farm equipment, the minimum top width shall be twelve feet. The height of the embankment shall be no greater than twenty-five feet, as measured from the low point on the downstream toe to the top of the dam.

(c) Embankments shall have side slopes not steeper than two horizontal to one vertical.

(d) The combined side slopes of settled embankments shall not be less than five horizontal to one vertical.

(e) Vegetative cover shall be established on any exposed embankment and mowed or otherwise maintained to control erosion or other embankment deterioration. In the alternative, the director may approve other means or materials to control erosion.

(6) Inlets and outlets.

(a) Inlets shall be designed to resist corrosion, plugging and freezing.

(b) The embankment may contain no outlet piping that extends through the embankment unless the piping discharges to another facility or is a component of a re-circulating flush system.

(c) All pipes for manure transfer or manure flush systems shall have watertight joints in accordance with the following ASTM standards:

(i) ASTM D3212-standard specification for joints for drain and sewer plastic pipes using flexible elastometric seals; or

(ii) ASTM C443-standard specification for joints for concrete pipe and manholes, using rubber gaskets; or

(iii) Other standards recommended by the professional engineer and approved by the department.

(7) Storage period.

The minimum storage period of manure for a manure storage pond and manure treatment lagoon shall be one hundred eighty days of manure production unless alternative use and design is otherwise approved by the department. This section is not intended to address the surface water runoff where the runoff does not enter into the pond or lagoon.

(8) Freeboard.

Freeboard shall be provided for a manure storage pond and manure treatment lagoon in addition to the total storage volume such that the elevation of the emergency spillway or top of the settled embankment, if there is no designed emergency spillway, shall be less than the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional one foot of freeboard.

(9) Liners.

The owner or operator shall include the use of a liner as part of the manure storage pond or manure treatment lagoon that achieves a hydraulic conductivity of at least one times ten to the minus seven centimeters per second (1 X 10 -7 cm/sec) to insure the integrity of the manure storage pond or manure treatment lagoon. A minimum of three feet of in situ soils with a hydraulic conductivity of one times ten to the minus seven centimeters per second will satisfy this requirement. The following design and construction criteria shall be followed:

(a) Ground water seepage shall be prevented from entering the bottom of the manure storage pond or manure treatment lagoon after construction by installing and/or maintaining a liner with a minimum liner thickness of three feet of in situ soil between the top of the seasonal high ground water surface and the bottom of the manure storage pond or manure treatment lagoon. In order to meet this requirement the ground water surface may be lowered by use of subsurface drainage lines that are properly designed by the engineering geologist or professional engineer and approved by the director.

(b) Soil liners shall be designed and constructed using procedures in section 651.1080 of the "United States Department of Agriculture, Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Chapter Ten, Geotechnical Design and Construction, August 2009," and "United States Department of Agriculture, Ohio Natural Resources Conservation Service, Section IV, Field Office Technical Guide Conservation Practice Standard 521-D, Pond Sealing and Lining, Compacted Earth Treatment. January 2010." Both procedures are available for review at the Ohio department of agriculture website http://agri.ohio.gov/. A soil liner thickness shall be a minimum of three feet.

(c) Design and construction alternatives for ground water protection.

(i) As a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code and the findings of the report submitted in accordance with that rule, an engineering geologist, professional engineer or the director may determine that installation of an additional liner is required to insure the integrity of the manure storage pond or manure treatment lagoon and to protect groundwater.

(ii) If an additional or alternative liner protection is required as set forth in paragraph (A)(9)(c)(i) of this rule, then one or more of the following may be required by the director:

(a) Concrete liners that have a minimum thickness of five inches and shall include non-metallic water stops for all joints;

(b) Flexible plastic membranes that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturers recommendations.

(c) Geosynthetic clay liners that are installed under the supervision of the manufacturer or the manufacturer's representative and include written certification that the liner was installed in accordance with the manufacturer's recommendations; or

(d) Other liner designs or materials will be considered at the discretion of the director if the minimum criteria of this paragraph of this rule are met.

(10) Design and construction criteria for a manure storage pond or manure treatment lagoon located in a karst area.

(a) Manure storage ponds or manure treatment lagoons may be constructed within a karst area provided that the facility is designed to prevent seepage of manure to groundwater.

(b) Any portion of a manure storage pond or manure treatment lagoon located below the pre-construction soil surface level and constructed in a karst area shall be designed and constructed utilizing a rigid material such as concrete or steel or a properly designed clay or synthetic liner, when appropriate, upon findings in the geologic exploration.

(11) Manure treatment lagoons shall be designed in accordance with the methods set forth in the appendix to this rule.

View Appendix

Last updated August 14, 2026 at 6:49 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-05

(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.

View Appendix

Last updated August 14, 2026 at 3:18 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-14

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.

(C) General criteria for manure application. The manure application rate shall be based on the most limiting factor of rates derived from paragraphs (B) to (G) of this rule, including factors derived from all appendices to this rule, whichever factor is determined to be the most restrictive factor for purposes of protecting waters of the state.

(1) For liquid manure:

(a) The crop nitrogen requirements or removal of nitrogen described in paragraph (D) of this rule, expressed in thousands of gallons of manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule, expressed in thousands of gallons of manure per acre;

(c) The restrictions on the rate of liquid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule, with volume expressed as a measure of gallons per acre or inches per acre;

(d) The application rate shall not exceed the available water capacity of the soil as described in appendix B to this rule;

(e) The application rate shall be adjusted to preclude surface ponding and/or runoff from a land application area.

(2) For solid manure:

(a) The crop nitrogen requirements or removal of nitrogen as described in paragraph (D) of this rule expressed in pounds per ton of dry manure per acre;

(b) The phosphate application limits as described in paragraph (E) of this rule expressed in pounds per ton of dry manure per acre;

(c) The restrictions on the rate of solid manure applied, taken from notes (1) and (5) in appendix A table 2 to this rule with volume expressed as a measure of tons/acre.

(3) All land applications of manure shall comply with all restrictions contained in appendix A to this rule unless a compliance alternative is submitted and approved by the director. As a compliance alternative, the concentrated animal feeding operation or certified livestock manager may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot setback or a thirty five foot vegetated buffer. As a compliance alternative, the concentrated animal feeding facility or certified livestock manager may demonstrate that a soil listed in appendix A, table 1 to this rule is not prone to flooding in a particular county in which land applications of manure are planned, through reference to the current United States department of agriculture, natural resources conservation service, web soil survey for the county.

Comment: The natural resources conservation service and the Ohio state university have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to "United States Department of Agriculture - Natural Resource Conservation Service. Field Office Technical Guide - Conservation Practice Standard 633. Columbus, Ohio, June 2003." A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(4) For all land application of liquid manures, the owner or operator shall maintain or have access to methods or devices to capture or stop subsurface drain flow if liquid manure reaches the subsurface drain outlets. Use of drain outlet plugs or other devices shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

(5) Calculate the total amount of nitrogen and phosphate to be applied to each field, including sources other than manure such as commercial fertilizer or other organic by-products.

(6) Land application of manure by means of surface application shall not occur if the forecast contains a greater than fifty per cent chance of precipitation as determined in "Managing Manure Nutrients at Concentrated Animal Feeding Operations, Appendix M, United States Environmental Protection Agency, EPA-821-B-04-006, August 2004," exceeding an amount of one-quarter inch for hydrologic soil group D soils and one-half inch for hydrologic soil group A, B, and C soils, for a period extending twenty-four hours after the start of land application. Record weather conditions in the operating record for conditions at the time of application and for twenty-four hours prior to and following application. A copy is available for review at the Ohio department of agriculture website http://agri.ohio.gov/.

(D) The manure application rate for nitrogen shall be based on the following criteria:

(1) The application rate for nitrogen shall be based on utilization of crops at the recommended agronomic rates and based on minimum runoff and leaching that may impact waters of the state.

(2) In determining the agronomic rate for nitrogen, the owner or operator shall do the following:

(a) Determine the nitrogen requirements or removal rates for the realistic yield goal of planned crops using nutrient amounts from appendix C, tables 1, 2 or 3 to this rule.

(b) Subtract the nitrogen credit for crop residue, legumes, and other sources of nitrogen to be given to the next crop in accordance with values for previous crops given in appendix C, table 4 to this rule;

(c) When applying nitrogen to a grass or legume cover crop that is growing or being established immediately after manure application, manure can be applied at the recommended nitrogen rate for the next non-legume crop or the nitrogen removal rate for the next legume crop.

(3) In determining how to minimize nitrogen leaching that may impact waters of the state, the owner or operator shall do the following:

(a) Assess each land application area with the Ohio nitrogen leaching risk assessment procedure contained in appendix C, table 5 to this rule;

(b) If the nitrogen leaching risk assessment procedure completed in accordance with paragraph (D)(3)(a) of this rule demonstrates that the land application site has a high nitrogen leaching potential and no growing crop, then application of manure shall be limited to fifty pounds of nitrogen per acre calculated at the time of application prior to October first.

(4) In calculating the actual rate of application of nitrogen from manure, the figures in appendix C, table 6 to this rule shall be used along with the manure test results conducted according to rule 901:10-2-10 of the Administrative Code.

(5) The requirements of paragraph (D) of this rule may be changed only if the owner or operator can demonstrate to the director nutrient insufficiency in accordance with the presidedress nitrate soil test procedures of tables 7 and 8 in appendix C to this rule.

(E) The manure application rate for phosphate shall be determined using the soil test analysis obtained pursuant to rule 901:10-2-13 of the Administrative Code and the following criteria:

(1) Prior to the land application of manure, land application areas shall be assessed with either the phosphorus index risk assessment procedure in appendix E, table 1 to this rule or the phosphorus soil test risk assessment procedure in appendix E, table 2 to this rule. The manure application rate for phosphate shall be limited in compliance with the applicable provision in the:

(a) Generalized interpretation of phosphorus index and management column in appendix E, table 1, to this rule, or

(b) The application criteria in appendix E, table 2, to this rule.

(2) The phosphate requirements for the realistic yield goals of planned crops, crop rotations, and\or plant biomass shall be determined using amounts from appendix C, table 1 to this rule;

(3) Phosphate applications between two-hundred fifty pounds per acre and five hundred pounds per acre are not recommended but may be made if the values for liquid manure exceed sixty pounds phosphate per one thousand gallons and if the values for solid manure exceed eighty pounds phosphate per ton and application is subject to these additional requirements:

(a) No manure application shall occur on land with soil tests that exceed more than one hundred parts per million Bray P1;

(b) )No manure application shall occur on frozen or snow-covered ground;

(c) The manure shall be incorporated within twenty-four hours;

(d) No additional phosphate application shall be made for a minimum of three years on fields with soil tests that measure less than forty parts per million Bray P1 or equivalent; and

(e) No additional phosphate application shall be made for a minimum of five years on fields with soil tests between forty and one-hundred parts per million Bray P1 or equivalent.

(4) Notwithstanding the procedures in paragraph (E) of this rule but subject to the restrictions in appendix B to this rule, for a single phosphate application in a year, the application rate shall not exceed five hundred pounds per acre of phosphate.

(F) Land application for crops or other uses not listed in appendix C to this rule will be considered on a case-by-case basis. The owner or operator shall submit existing published or documented data that is acceptable to the director.

(G) General criteria for frozen and snow-covered ground. In addition to complying with all of the criteria in paragraphs (A) to (F) of this rule, the following actions are required for surface application of manure to land with frozen or snow-covered ground.

If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.

The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.

Manure injection or manure incorporation performed within twenty-four hours at the land application site is the preferred alternative to surface application of manure. Solid manure with less than fifty per cent moisture shall be stockpiled at the land application site in lieu of manure application on frozen or snow covered ground.

Surface application of manure on frozen or snow-covered ground is prohibited unless performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.

(1) Application.

(a) Prior approval for each surface application of manure shall be obtained from the director or his designated representative.

(b) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to ten wet tons per acre for solid manure with more than fifty per cent moisture.

(c) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to five thousand gallons per acre for liquid manure.

(d) Applications are to be made on land with at least ninety per cent surface residue cover at the time of application such as good quality hay or pasture field, all corn grain residue remaining after harvest, and all small grain residue cover remaining after harvest. Vegetation or residue shall not be completely covered by ice or snow at the time of application.

(e) Manure ponding shall be prevented.

(f) Manure shall not be applied on more than twenty contiguous acres. Contiguous areas for application are to be separated by a break of at least two hundred feet. Areas that are furthest from streams, ditches, waterways, and\or surface waters are to be utilized in preference to areas with the potential for surface water runoff.

(g) Setbacks from surface waters and conduits to surface waters, (including grassed waterways and surface drains) shall be a minimum of two hundred feet. Setbacks shall have at least ninety per cent surface residue cover and vegetation or residue shall not be completely covered by ice or snow at the time of application.

(h) For application fields with slopes greater than six percent, manure shall be applied in alternating strips sixty to two hundred feet wide generally on the contour, or in the case that the field is managed in contour strips with alternative strips in grass or legume, manure shall only be applied on alternative strips. Manure application rates shall be determined for each separate application strip area and not the area of the entire application field.

(i) Any manure application with phosphorus exceeding two hundred and fifty pounds per acre is prohibited.

(2) Monitoring.

(a) Concentrated field surface drainage and tile outlets shall be visually monitored at the conclusion of manure application and periodically afterwards when weather, temperature increase, snowmelt and rainfall are likely to produce manure runoff. Periodic visual monitoring shall continue until manure is assimilated into the application field and is no longer likely to discharge into waters of the state.

(b) Upon discovering a discharge to waters of the state, the owner or operator shall notify the department within two hours of detection of the runoff event.

(c) In addition to the visual monitoring and reporting in this paragraph, the owner or operator shall collect representative grab samples from the discharges of land applied manure into waters of the state at the point that the discharge enters waters of the state (i.e. concentrated field surface runoff or field tile outlet discharge prior to entrance to surface waters) and have the sample analyzed for ammonia nitrogen levels.

(d) The owner or operator shall:

(i) Collect the sample within thirty minutes of the first knowledge of the discharge; or

(ii) If the sampling in that period is inappropriate due to dangerous weather conditions, the owner or operator shall collect the sample as soon as possible after suitable conditions occur and shall document the reason for delay.

(e) The owner or operator shall report the results of the discharge event to the department within fourteen days of occurrence. The report shall, at a minimum, contain the sample results, describe the reason for the discharge, the location, estimate of quantity and duration of the discharge, and duration of the precipitation leading up to the event, any measures taken to clean up and eliminate the discharge, and copies of land application records. Laboratory results not available at the time of the report submitted shall be submitted to the department within five days of receipt.

(f) If the ammonia nitrogen level in a water quality sample is determined to be twenty-six mg\L or greater in the discharge at the point it enters waters of the state, then additional surface application of manure to frozen and\or snow covered ground is prohibited on the field where the runoff event occurred.

(g) In the event that an owner or operator complies with all of the requirements of paragraph (G) of this rule and runoff enters waters of the state resulting in ammonia nitrogen level in a sample determined to be twenty-six mg\L or greater in three application events authorized in accordance with paragraph (G)(1)(a) of this rule, then additional surface application of manure to frozen and/or snow covered ground shall be prohibited for the duration of the permit.

(h) In the event that the owner or operator fails to comply with the land application requirements for frozen or snow covered ground, including but not limited to prior notice, and approval for each application pursuant to paragraph (G)(1)(a) of this rule, notice of discharge, monitoring and record keeping, for more than two surface land application events, then land application on any frozen or snow-covered ground shall be prohibited for that owner or operator for the duration of the permit upon receipt of a third notice of deficiencies resulting in noncompliance pursuant to section 903.17 of the Revised Code.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Last updated July 29, 2026 at 1:46 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-15

(A) A permit to operate shall include a mortality management plan for the disposal of dead livestock and include best management practices for burning, burial, rendering, composting, alkaline hydrolysis or other methods consistent with sections 941.14, 939.04 and 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 mortality management 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.

(D) In the event of catastrophic mortality losses and if normal mortality management methods cannot handle such losses, the director may approve methods of mortality management not identified in a permit to operate.

Last updated January 2, 2025 at 8:17 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-10

(A) The following terms and conditions are applicable to "NPDES" permits. The permittee shall comply with all terms and conditions of the "NPDES" permit.

(B) Duty to mitigate. The permittee 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 permittee of a request for permit modification, revocation and reissuance, termination, 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 modification; revocation and reissuance; termination; 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 permittee 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 operations 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.

(I) Duty to provide information. The permittee shall furnish to the department within a reasonable time any information that the department may request to determine whether cause exists for modifying, revoking, and reissuing or terminating the permit or to determine compliance with the permit. The pemittee shall also furnish to the department, upon request, copies of records required by this permit to be kept.

(J) Monitoring and records.

(1) Samples and measurements taken including, but not limited to, samples and measurements of manure, soils, process wastewater and process generated waste water for the purpose of monitoring shall be representative of the monitored activity.

(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and, if applicable, original strip chart recordings or continuous monitoring instrumentation. Copies of reports required by this permit and records of data used to complete the application for this permit shall be retained for a period of at least five years from the date of this permit, the sample, measurement, report or application. This period may be extended by request of the director at any time.

(3) Records of monitoring information shall include:

(a) The date, exact place and time of sampling or measurements;

(b) The individual(s) who performed the sampling or measurements;

(c) The date(s) analyses were performed;

(d) The individual(s) who performed the analyses;

(e) The analytical techniques or methods used; and

(f) The results of such analyses.

(K) Monitoring must be conducted according to rules 901:10-2-10 and 901:10-2-13 of the Administrative Code and according to test procedures approved under 40 C.F.R. part 136 (2012), unless other test procedures have been specified in the permit and approved by the regional administrator. Monitoring must be conducted in accordance with any water quality analytical procedures approved by the director. The permittee shall maintain equipment or lease the equipment or otherwise obtain access to equipment to ensure accurate measurements.

(L) Additional requirements for recording and reporting monitoring results shall be established on a case-by-case basis with a frequency dependent on the nature and effect of the discharge, but in no case less than once per year. All permits shall specify:

(1) Requirements concerning the proper use, maintenance and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(2) Required monitoring including type, intervals and frequency sufficient to yield data which are representative of the monitoring activity including, when appropriate, continuous monitoring; and

(3) Applicable reporting requirements based upon the impact of the regulated activity.

(M) Signatures. All permit applications and reports required by the permit and other information submitted to the director shall be signed and certified as follows:

(1) All permit applications shall be signed as follows:

(a) For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(ii) The manager of one or more production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; or

(b) For a partnership or sole proprietorship: by a general partner for a partnership or the proprietor, respectively.

(2) All reports required by permits and other information requested by the director shall be signed by the person described above or a duly authorized representative of that person. A person is a duly authorized representative of the person described above only if:

(a) The authorization is made in writing by the person described above;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility such as the position of manager, or a position of equivalent responsibility; (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)

(c) The written authorization is submitted to the director; and

(d) Changes to authorization. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying this rule must be submitted prior to or together with any reports, information, or applications to be signed by an authorized representative.

(3) Certification. Any person signing a document under this rule shall make the following certification: "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 the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

(N) Need to halt or reduce activity is not a defense. It shall not be a defense for an permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(O) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

(P) Emergency notification. In an emergency, the permittee shall follow the facility's emergency response plan, which shall include, at a minimum, 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; and

(3) Procedures to be followed in the event of a spill, including actual or imminent discharge to waters of the state. These procedures shall include:

(a) The permittee shall report a spill or discharge by telephone to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence and shall provide the following information:

(i) The time at which the discharge or spillage occurred, if known, was discovered;

(ii) The approximate amount and the characteristics of the discharge or spillage;

(iii) The waters of the state affected by the discharge or spillage;

(iv) The circumstances which created the discharge or spillage;

(v) The names and telephone numbers of persons who have knowledge of these circumstances;

(vi) Those steps being taken to clean up the discharge or spillage;

(vii) The names and telephone numbers of the persons responsible for the cleanup.

(b) For any emergency that requires immediate reporting after normal business hours, the permittee shall use the Ohio department of agriculture's emergency telephone number.

(c) If applicable, the permittee shall notify appropriate local authorities.

(d) The permittee shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence, unless waived, in writing, by the director. On a case-by-case basis, the director may waive the written report if an oral report of a spill was received within twenty-four hours of the incident. This report shall outline the actions taken, proposed to be taken to correct the problem and to ensure that the problem does not recur.

(Q) Twenty-four hour reporting. The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within twenty-four hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. A written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance. On a case-by-case basis the director may waive the written report if an oral report of a spill was received within twenty-four hours of the incident.

The following shall be included as information which must be reported within twenty-four hours:

(1) Any unanticipated bypass that exceeds any effluent limitation in the permit;

(2) Any upset which exceeds any effluent limitation in the permit; and

(3) Violations of a maximum daily discharge limitation for any of the pollutants listed by the director in the permit to be reported within twenty-four hours. The director may waive the written report on a case-by-case basis for reports if the oral report has been received within twenty-four hours.

(R) Compliance schedules.

(1) The director shall establish conditions, as required and appropriate on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the act and regulations. These shall include conditions under 40 CFR sections 122.44 (1983), 122.46 (1995), 122.47 (2000), 122.48 (1985) and 40 CFR Part 132 (2011). In particular, and when appropriate, the director may include in a permit a schedule of compliance leading to compliance with the CWA and its implementing regulations consistent with the requirements and conditions in 40 C.F.R. 122.47 (2000) which establish compliance schedules and authority to set interim compliance dates.

(2) Reports of compliance or noncompliance with, or any progress reports on, any compliance schedule of the permit shall be submitted fourteen days after each schedule date.

(S) Anticipated noncompliance. The permittee shall give advance notice to the director of any planned changes at the facility that may result in noncompliance with permit requirements.

(T) Bypass means the intentional diversion of manure from any portion of the treatment facility.

(1) Bypass not exceeding limitations. The permittee may allow any bypass to occur that does not cause effluent limitations to be exceeded but only if it also is for essential maintenance to assure efficient operation.

(2) If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible, at least ten days before the date of the bypass.

(3) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in paragraph (Q) of this rule.

(4) Bypasses are prohibited and the director may take enforcement action unless:

(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to be inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of manure, or maintenance during normal periods of equipment downtime. This condition will not be satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass;

(c) The permittee submitted notices as required by paragraph (P) of this rule; and

(d) The director may approve an anticipated bypass after considering its adverse effects if the director determines that the bypass will meet the conditions listed in this rule.

(U) Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

(1) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based effluent limitations if the requirement of paragraph (U)(2) of this rule is met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is a final administrative action subject to judicial review.

(2) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating records, or other relevant evidence that:

(a) An upset occurred and the permittee can identify the cause of the upset;

(b) The permitted operation was at the time being properly operated;

(c) The permittee submitted notice of the upset as required in paragraph (Q) of this rule; and

(d) The permittee complied with any compliance measures required under paragraph (B) of this rule.

(3) In any proceeding to enforce the NPDES permit the permittee seeking to establish the occurrence of an upset has the burden of proof.

(V) Planned changes. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

(1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 C.F.R. section 122.29(b)(2000); or

(2) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are not subject to effluent limitations in the permit.

(W) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs (Q) and (R) of this rule at the time monitoring reports are submitted. These reports shall contain the information listed in paragraph (Q) of this rule.

(X) Other information. Where the owner or operator becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the director, it shall promptly submit such facts or information.

(Y) Reporting obligations.

(1) Annual reports and information required to be submitted by the permit or by the rules may be submitted in hard copy format in the a report form pre-printed by the Ohio department of agriculture or an approved facsimile. The original report form must be signed and mailed to: "Ohio Department of Agriculture, Division of Livestock Environmental Permitting, 8995 East Main Street, Reynoldsburg, Ohio 43068."

(2) Alternatively, annual reports and information may be submitted electronically using the Ohio department of agriculture developed software, based on a memorandum in agreement signed by a responsible corporate officer, general partner, proprietor or a duly authorized representative of the permittee (see paragraph (M) of rule 901:10-3-10 of the Administrative Code) and submitted to the Ohio department of agriculture to receive an authorized personal identification number (pin) prior to sending data electronically. A hard copy of the Ohio department of agriculture form must be generated, signed and maintained on site for records retention purposes.

(3) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the director in the permit.

(Z) Other obligations which may apply.

(1) Outfalls and discharge points. All permit effluent limitations, standards and prohibitions shall be established for each outfall or discharge point of the permitted operation unless the director determines that effluent limitations are infeasible and the best management practices shall be utilized.

(2) Continuous discharges. For any continuous discharges, all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall, unless impracticable, be stated as:

(a) Maximum daily and average monthly discharge limitations for all dischargers other than publicly owned treatment works; and

(b) Average weekly and average monthly discharge limitations for any utilized publicly owned treatment works.

(3) Non-continuous discharges. Discharges which are not continuous shall be particularly described and limited, considering the following factors, as appropriate:

(a) Frequency (for example, a batch discharge shall not occur more than once every three weeks);

(b) Total mass (for example, not to exceed one hundred kilograms of zinc and two hundred kilograms of chromium per batch discharge);

(c) Maximum rate discharge of pollutants during the discharge (for example, not to exceed two kilograms of zinc per minute); and

(d) Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure (for example, shall not contain at any time more than 0.1 mg/1 zinc or more than two hundred and fifty grams (1/4 kilogram) of zinc in any discharge).

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Chapter 901:10-5 Enforcement

Ohio Adm.Code 901:10-5-01 Complaints.

(A) A person may submit a complaint to the director regarding a concentrated animal feeding facility or a certified livestock manager.

(B) The complaint may be made orally or in writing.

(1) Complaint in writing: If the complaint is made in writing, the person making the complaint must sign and date the complaint and provide a return address. In addition, the following shall be included:

(a) The address of the concentrated animal feeding facility or the location of the activities that led to the complaint.

(b) A description of the nature of the complaint.

(2) Oral complaint: If a complaint is made orally to the director, the following shall be included:

(a) The address of the concentrated animal feeding facility or the location of the activities that led to the complaint.

(b) A description of the nature of the complaint.

(c) The name and address of the person reporting the oral complaint is optional so that the person reporting the oral complaint may be notified of the dismissal of the complaint or notified if the director determines that the director is proceeding with enforcement in accordance with section 903.16 or 903.17 of the Revised Code, or both sections as applicable.

(C) After receiving a written, signed and dated complaint, the director will conduct an investigation and make inquiries as are necessary to determine if the owner or operator of a concentrated animal feeding facility or a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of a permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter.

(D) After receiving an oral complaint, the director may conduct an investigation and make inquiries as are necessary to determine if the owner or operator of a concentrated animal feeding facility or a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of a permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter.

(E) If, upon completion of an investigation, the director determines that the owner or operator of a concentrated animal feeding facility or a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter, the director will dismiss the complaint and notify the complainant, if known, the owner or operator of a concentrated animal feeding facility, or the certified livestock manager of the dismissal in writing.

(F) If, upon completion of an investigation, the director determines that the owner or operator of a concentrated animal feeding facility or a certified livestock manager is not in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, or any terms and conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter, the director will proceed with enforcement in accordance with section 903.16 or section 903.17 of the Revised Code, or both sections as applicable.

The director will provide a written response to all complainants, if known, concerning any alleged violation of Chapter 903. of the Revised code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter.

(G) If the director determines that any person owning or operating a concentrated animal feeding facility is managing the concentrated animal feeding facility in accordance with a permit currently approved by the director, the person shall be considered in compliance with division 901:10 of the Administrative Code. In a private civil action for nuisances involving activities conducted under this chapter, it is an affirmative defense if the person owning, operating or otherwise responsible for or in control of a concentrated animal feeding facility is operating under and in compliance with an approved permit.

Last updated June 30, 2025 at 10:59 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-02 Right to enter property for investigations and inspections.

(A) Investigations.

(1) The director, at reasonable times, has the authority to enter on any public or private property, real or personal, to conduct investigations in response to complaints or upon receiving notification of alleged violations to Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter. Investigations may include, but are not limited to, the sampling of discharges and the inspection of discharge monitoring equipment, or to otherwise execute duties that are necessary for the administration and enforcement of this chapter.

(2) The director at reasonable times may examine and copy any records pertaining to discharges that are subject to rule or any records that are required to be maintained by the terms and conditions of any permit or certificate.

(3) If refused entry, the director may apply to a court of competent jurisdiction for the appropriate warrant.

(4) Any person to whom a permit or certificate has been issued under this chapter is prohibited from refusing entry to the director or purposely hinder or thwart the director in the exercise of any authority granted as described in this rule.

(B) Inspections of concentrated animal feeding facilities and certified livestock managers.

(1) The director has the authority to conduct inspections to review compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter.

(2) The director will notify the owner or operator of a concentrated animal feeding facility or the certified livestock manager at least twenty-four hours before the start of any routine or planned inspection.

Notification is not required for inspections associated with construction that has been authorized under an approved permit to install, major operational change, or operational change issued by the director.

(3) The owner or operator of a concentrated animal feeding facility or a certified livestock manager may request an alternative inspection date if all of the following apply:

(a) The director determines an emergency does not exist;

(b) A complaint has not been filed in accordance with rule 901:10-5-01 of the Administrative Code; or

(c) The owner or operator of a concentrated animal feeding facility or the certified livestock manager is not subject to an enforcement case under 903.16 of the Revised Code.

(4) Any person to whom a permit or certificate has been issued under this chapter is prohibited from refusing entry to the director or purposely hinder or thwart the director in the exercise of any authority granted as described in rule.

(C) Biosecurity.

(1) Biosecurity refers to the policies and measures taken for protecting the food supply and agricultural resources from contamination.

(2) Upon entering the property of a concentrated animal feeding facility, director's representative shall identify himself or herself with proper identification to prove that he or she is an agent of the Ohio department of agriculture.

(3) If an inspection is conducted prior to the application for a permit under this chapter, the director will notify the owner or operator in advance. The purpose of the notice is to inform the owner or operator of an inspection so that the director may be informed of the facility's biosecurity procedures, if any. The director has the authority to conduct inspections or follow-up inspections of a facility in accordance with this rule.

(4) If an owner or operator wants the Ohio department of agriculture to comply with its biosecurity plan, the owner or operator may submit its plan with the permit to operate application. If not, the department will act in accordance with its biosecurity policy.

Last updated January 2, 2025 at 8:23 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-03 Enforcement procedures.

(A) Applicability.

This rule applies to concentrated animal feeding facilities and certified livestock managers.

(B) The director shall conduct inspections and investigations, when applicable, to determine if the owner or operator of a concentrated animal feeding facility or certified livestock manager is not in compliance with section 903.02, section 903.03, division (A) of section 903.07 or section 903.12 of the Revised Code, the terms and conditions of a permit to install or a permit to operate issued for a facility, including the requirements established under division (C) of section 903.06 of the Revised Code, or paragraph (D) of rule 901:10-1-10 of the Administrative Code, or rules adopted under division (A), (B), (C), or (D) of section 903.10 of the Revised Code.

(C) Upon observation of noncompliance by the department of agriculture, the director will conduct an investigation and any violations discovered will be described in a report.

(D) If the investigation or inspection report indicates a violation, the director shall do the following:

(1) Evaluate the facts established by the report.

(2) Commence enforcement action commensurate with the nature and degree of the violation and consistent with the requirements of sections 903.16, 903.17, and 903.99 of the Revised Code.

(E) Penalties. Penalties assessed by the director will be commensurate with the nature and degree of the violation. Penalties will be assessed in accordance with sections 903.16 and 903.17 of the Revised Code and rule 901:10-5-04 of the Administrative Code.

Last updated January 2, 2025 at 8:23 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-10

(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) No permit to install or permit to operate shall be modified unless the proposed modifications are in compliance with rule 901:10-1-09 of the Administrative Code.

(C) No person shall operate a concentrated animal feeding facility without a permit issued by the director under section 903.03 of the Revised Code.

(D) No person shall violate the terms and conditions of a permit to install or permit to operate issued by the director.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-04

(A) Civil penalty rules applicability.

This rule applies to concentrated animal feeding facilities, and certified livestock managers.

(B) Consolidation.

Each and every day of violation of any rule or statute of Chapter 903. of the Revised Code is a separate and distinct offense, and in cases of continuing violations, each day's continuance is a separate and distinct violation unless otherwise determined by the department or unless the violations are of division (C) of section 903.06 or division (A) of section 903.07 of the Revised Code. Proceedings for the assessment of multiple civil penalties for multiple violations against an owner or operator of a concentrated animal feeding facility or certified livestock manager may be consolidated into a single proceeding.

(C) Hearing procedures.

All adjudication hearings concerning violations cited in accordance with section 903.16 and section 903.17 of the Revised Code shall be conducted in accordance with Chapter 119. of the Revised Code. The director may consider the factors listed in paragraph (D)(1) of this rule in the adjudication hearing as presented by the parties.

(D) Civil penalty assessment.

The amount of a civil penalty shall be determined by the reasonable exercise of the director's discretion in considering the following factors

(1) The economic benefit gained by the violator (if any) resulting from the violation.

(2) Acts of nature or acts of third parties that resulted in or contributed to violations.

(3) Any history of such violations, including recalcitrance resulting in costs incurred by the director to enforce any previously issued final orders of the director.

(4) Any good-faith efforts to comply with applicable requirements.

(5) Any supplemental environmental projects that may be undertaken by the owner or operator of a concentrated animal feeding facility or a certified livestock manager to off-set some of the amount of civil penalty payable to the livestock management fund if the director finds that any project may enhance the owner's or the operator's, or the certified livestock manager's compliance by undertaking a project that is beyond any work or activities required by law or if the director agrees that any proposed supplemental environmental projects will enhance the environment.

(6) The seriousness or magnitude of the violation or violations.

(7) The gravity of effect of the violation or violations.

(8) Such other matters as justice requires.

(E) Penalty matrix.

(1) Applicability.

The director may use the penalty matrix contained in this paragraph to modify a penalty amount derived from paragraph (D) of this rule by following this procedure:

(a) Determine the magnitude or seriousness of the violation as specified in paragraph (E)(2) of this rule;

(b) Determine the gravity of effect pertinent to the violation as specified in paragraph (E)(3) of this rule; and

(c) Determine whether the violation is the first violation or past violation, and modify the penalty amount by reference to the appropriate matrix contained in paragraphs (F) to (K) of this rule.

(2) Categories of magnitude or seriousness.

(a) Category I (major):

(i) A violation of a department order issued as part of or in connection with a formal enforcement action;

(ii) Failure to provide access to premises or records when required by statute, rule or order;

(iii) Any discharge of manure that enters the waters of the state, either without a permit or from a point source not authorized by a permit unless the discharge has been reported as an emergency in accordance with rule 901:10-2-17 of the Administrative Code or unless the discharge is an agricultural stormwater discharge as defined in paragraph (D) of rule 901:10-1-01 of the Administrative Code;

(iv) Submitting records, reports or application forms which are false, misleading, or fraudulent;

(v) Failure to provide notification of a known spill or upset condition that results in a non-permitted discharge into waters of the state;

(vi) Failure to comply with division (A) of section 903.07 of the Revised Code;

(vii) The presence of insects or rodents indicating a failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(viii) Failure to apply for applicable permits;

(ix) Installing or operating facilities regulated under Chapter 903. of the Revised Code prior to issuance of applicable permits;

(x) Failure to provide corrections specified by the director on any applicable permits; or

(xi) Upon completing construction authorized by a permit to install, failure to comply with paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code.

(b) Category II (moderate):

(i) Failure to submit a plan or report if required by permit or rule;

(ii) Placing manure such that manure is likely to enter the waters of the state by any means;

(iii) Any violation of a department rule or order that is not classified elsewhere in these rules as major or minor or any failure to operate in accordance with approved best management practices;

(iv) Failure to maintain the freeboard requirements of approved best management practices; or

(v) Failure to comply with the insect and rodent control plan approved by the director in accordance with rule 901:10-2-19 of the Administrative Code.

(c) Category III (minor):

(i) Any violation of record keeping requirements in approved best management practices.

(ii) Failure to maintain records in accordance with rule 901:10-2-16 of the Administrative Code.

(3) Gravity.

The gravity of effect of the violation will be determined by consideration of the individual or cumulative possibility of harm to the public health or the environment caused by a violation or violations. Gravity of effect will be classified as high, medium or low. The existence of one or more factors determined to be high level will result in the gravity of effect considered to be of high level. Lacking any factor determined to be of high level, the existence of one or more factors of medium level will result in the gravity of effect to be considered of medium level. Lacking any factor of high or medium level will result in the gravity being of low level:

(a) Gravity of effect high level:

(i) Significant risk of injury or actual injury to wildlife;

(ii) Surface or groundwater contamination of a level that poses a significant risk of harm to public health or the environment; or

(iii) High risk of or actual zoonotic disease transmission as determined by the director upon consultation with federal, state or local health agencies.

(b) Gravity of effect medium level:

(i) Surface or groundwater contamination that causes short-term impact but does not meet the criteria of high level gravity of effect yet exceeds the definition of low gravity of effect and does not pose a significant threat to human health or the environment; or

(ii) Insect and rodent populations in excess of target levels posing potential off-site impacts or posing a lower risk of zoonotic disease transmission.

(c) Gravity of effect low level:

(i) Surface water contamination not found or not found at a level in excess of applicable water quality standards; or

(ii) Insect and rodent populations not found off-site but not in compliance with the approved plan for the facility.

(F) Civil penalty matrix for first violation of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to and including $10,000 | Up to $3,200 | Up to $1,600 | | Category II (Moderate) | Up to $2,400 | Up to $1,600 | Up to $800 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(G) Civil penalty matrix in the event of past violations of Chapter 903. of the Revised Code shall be assessed per day per violation. This paragraph does not apply to violations of requirements for insect and rodent control plans, which shall be assessed in accordance with division (B)(2) of section 903.16 of the Revised Code or violations of section 903.07 of the Revised Code, which shall be assessed in accordance with division (B)(3) of section 903.16 of the Revised Code.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $6,000 | Up to $3,200 | | Category II (Moderate) | Up to $6,000 | Up to $3,200 | Up to $1,600 | | Category III (Minor) | Up to $3,000 | Up to $1,600 | Up to $400 |

(H) Civil penalty matrix for insect and rodent control plans. As set forth in division (C) of section 903.10 of the Revised Code, the director may use this penalty matrix to assess a preliminary penalty amount for enforcement of section 903.06 of the Revised Code and will exercise reasonable discretion in accordance with paragraph (D) of this rule.

Concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of Effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category II (Moderate) | Up to $2,500 | Up to $1,500 | Up to $500 | | Category III (Minor) | Up to $1,000 | Up to $500 | Up to $200 |

(I) Concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $10,000 | Up to $5,000 | Up to $2,000 | | Category II (Moderate) | Up to $5,000 | Up to $2,500 | Up to $1,000 | | Category III (Minor) | Up to $2,000 | Up to $1,000 | Up to $500 |

(J) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control first violation per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $12,500 | Up to $7,500 | Up to $4,000 | | Category II (Moderate) | Up to $7,500 | Up to $4,500 | Up to $2,500 | | Category III (Minor) | Up to $4,000 | Up to $2,500 | Up to $1,500 |

(K) Major concentrated animal feeding facility - civil penalty matrix for insect and rodent control in the event of past violations per seven days.

| | Gravity of effect | | | | --- | --- | --- | --- | | Magnitude of Violation | High | Medium | Low | | Category I (Major) | Up to $25,000 | Up to $15,000 | Up to $7,500 | | Category II (Moderate) | Up to $15,000 | Up to $9,000 | Up to $4,500 | | Category III (Minor) | Up to $7,500 | Up to $4,500 | Up to $2,500 |

Last updated June 25, 2025 at 11:13 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-17

(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.

(B) Procedures for reporting.

(1) The owner or operator shall report by telephone, by call or text message, or by electronic mail to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following:

(a) The times at which the discharge or manure spill occurred and was discovered;

(b) The approximate volume, source and the characteristics of the discharge or manure spillage;

(c) The name or the location and description of the waters of the state affected by the discharge or spillage;

(d) The circumstances which created the discharge or spillage;

(e) The names and telephone numbers of persons who have knowledge of these circumstances;

(f) Those steps being taken to clean up the discharge or spillage; and

(g) The names and telephone numbers of persons responsible for the cleanup.

(2) For any emergency that requires immediate reporting after normal business hours, contact a division representative or the Ohio department of agriculture's emergency telephone number.

(3) If applicable, the owner or operator shall notify the appropriate local authorities.

(4) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence that outlines the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not reoccur. The director may allow for an extension of time or waive the reporting requirement.

Last updated June 25, 2025 at 7:22 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-1-01

As used in Chapters 901:10-1 to 901:10-6 of the Administrative Code, the definitions contained in Chapter 903. of the Revised Code and the following definitions are applicable:

(A) "Act" means the Federal Water Pollution Control Act set forth at 33 USC sections 1251 to 1387.

(B) "Administrator" means the administrator of the United States environmental protection agency.

(C) "Agricultural drainage well" means a class five underground injection control well that receives or has the potential to receive drainage from irrigation tail-waters, animal yards, feedlots or dairy runoff and any related agricultural field runoff. An injection well is any bored, drilled, or driven shaft or dug hole whose depth is greater than the largest surface dimension.

(D) "Agricultural stormwater discharge" means a precipitation-related discharge from land used for agriculture as defined in section 1.61 of the Revised Code that conveys manure to surface waters of the state, provided that the manure has been land applied in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of nutrients in manure and in compliance with the best management practices set forth in Chapter 901:10-2 of the Administrative Code.

(E) "Agronomic rate" means a rate of application of nutrients from any source to the land or an amount of nutrients removed by crop based on:

(1) Nutrient content of the manure to be applied;

(2) Nutrient needs of the current or planned crops; and

(3) Nutrient holding capacity of the soil.

(F) "Ammonia (as N)" means ammonia reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(G) "Applicant" means a person applying for a permit, permit transfer, permit modification, certificate, or submitting a claim of trade secrecy to the director.

(H) "Appropriate design plan" means a construction plan for a manure storage or treatment facility that has been accepted by the department as meeting best management practices and recognized industry standards for construction. This includes pre-engineered design plans for the design and construction of manure storage or treatment facilities that have been shown by the engineer, manufacturer, or distributor to conform to the requirements of Chapter 903. of the Revised Code.

(I) "Appropriate examination" means an examination that has been approved by the department.

(J) "Appropriate training program" means a training program that has been approved by the department.

(K) "Aquifer" means an underground consolidated or unconsolidated geologic formation or series of formations that are hydraulically connected and that have the capability to receive, store, and yield usable quantities of water to wells. Aquifer does not include perched groundwater.

(L) "Application" means the form and supporting documents used by an applicant to apply for an Ohio permit under this chapter.

(M) ''Average precipitation'' means the precipitation over the length of a storage period.

(N) "Beneficial organisms" mean predators, parasites, or pathogens that, during their life cycle, are used to suppress pest organisms or are otherwise beneficial.

(O) "Best management practice (BMP)" means a practice or combination of practices that is determined to be the most effective and practicable including technological, economic, and institutional controls as a means of complying with the applicable standards of Chapter 903. of the Revised Code. BMPs may include structural and nonstructural practices, conservation practices, prohibition of practices, schedules of activities, operation and maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage, or leaks, sludge or waste disposal or drainage from raw material storage.

(P) "Biosecurity" refers to the policies and measures taken for protecting food supply and agricultural resources from contamination. Biosecurity also refers to those measures taken to keep disease agents out of populations, herds or groups of animals where they do not already exist. Significant areas on a facility in biosecurity are sanitation, isolation of incoming or returning animals, cleaning and disinfection and traffic control to limit disease spread between all facilities in the production unit.

(Q) "BOD5" means five-day biochemical oxygen demand and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(R) "Buffer strip" means setback of an area of permanent dense vegetation, often planted along the edge or the contour of a land application area or a slope of the field usually for management practices, including practices to slow the flow of water runoff or enhance water filtration, and minimize the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters. Types of buffers include filter strips, field borders, contour grass strips, vegetated cover and riparian buffers. Types of buffers include those described in "Ohio Natural Resource Conservation Service, Conservation Practice Standards Section IV, Field Office Technical Guide" (efotg.sc.egov.usda.gov/#/state/OH/documents) which includes the following standards:

(1) "Filter Strips/Areas, No. 393," October 2017;

(2) "Riparian Forest Buffer, No. 391," October 2017;

(3) "Field Border, No. 386," October 2017; and

(4) "Contour Buffer Strips, No. 332," October 2017.

(S) "Certificate of coverage (COC)" means a certificate issued by the director based on receipt of a notice of intent to be covered by rule 901:10-4-03 of the Administrative Code. The certificate of coverage is to be kept in the site office.

(T) "Certified livestock manager" means a person that has been duly certified by the department and currently holds a valid livestock manager certification.

(U) "Cold water habitat" means waters designated as coldwater aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(V) "Construction, for the purposes of stormwater construction permits," means the initial disturbance of soils associated with clearing, grading or excavating activities.

(W) "Department" means the Ohio department of agriculture, the director, or the director's authorized representative.

(X) "Design capacity" means the ability to house or maintain the total number of animals confined or to be confined in open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, medication pens, animal walkways, and stables.

(Y) "Dikes" mean both dikes and embankments.

(Z) "Director" means the director of the Ohio department of agriculture or the director's duly authorized representative.

(AA) "Discharge" means to add any pollutant or combination of pollutants from a point source to waters of the state.

(BB) "Distribution and utilization methods" means any method of manure management not under the control of the facility and may include, but not be limited to, land application, composting, vermiculture, and alternative fuel source uses.

(CC) "Ditch" means an excavation, either dug or natural, for the purpose of drainage or irrigation.

(DD) "Diversion" means a channel constructed across the slope for the purpose of intercepting surface runoff.

(EE) "Draft action" means a written statement that gives the director's intention with respect to the issuance of any permit, including a NPDES permit or a general permit, concerning which persons authorized by regulation or by section 903.09 of the Revised Code may file comments or request a public meeting, but which will not be the subject of an adjudication hearing before the director.

(FF) "Drinking water source protection area for a public water system means":

(1) For a public water system using groundwater, the surface and subsurface area surrounding the well(s) of the public water system that will provide water from an aquifer to the well(s) and that is delineated or endorsed by the Ohio environmental protection agency under Ohio's wellhead protection and source water assessment and protection programs; or

(2) For a public water system using surface water, the drainage area contributing surface water runoff to the water intakes of the public water system that is delineated or endorsed by the Ohio environmental protection agency under Ohio's source water assessment and protection program.

(GG) "Effluent limitation" means any restriction imposed by the director on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the state.

(HH) "Fabricated structure" means a type of manure storage or treatment facility constructed of engineered, man-made materials such as cast-in-place reinforced concrete, pre-cast concrete, masonry, timber, steel, fiberglass or plastic but does not mean a manure storage pond, a manure treatment lagoon or any of the components of either a manure storage pond or manure treatment lagoon such as described in paragraph (A)(9)(c)(ii) of rule 901:10-2-06 of the Administrative Code. A fabricated structure may contain either solid or liquid manure.

(II) "Fact sheet" means the statement of facts provided for in paragraph (A) of rule 901:10-6-05 of the Administrative Code relative to issuance of a "NPDES" permit.

(JJ) "Field surface furrow" means an area of short-term low-gradient non-erosive concentrated surface water runoff which occurs during or shortly after precipitation events and is not a river, stream, ditch or grassed waterway. Field surface furrows are areas that are normally planted with crops each year.

(KK) "Fecal coliform" means fecal coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LL) "Floodplain" means the area designated by the federal emergency management agency adjoining any river, stream, watercourse or lake that has been or may be covered by floodwater.

(MM) "Floodway" means the channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the allowable rise as designated by the federal emergency management agency, not exceeding one foot.

(NN) "Grassed waterway" means a natural or constructed channel that is shaped or graded to required dimensions and established with suitable vegetation to filter and convey runoff from fields, terraces, diversions or other concentrated water runoff without causing erosion or flooding.

(OO) "Ground water" means any water below the surface of the earth in a zone of saturation, but does not include perched water.

(PP) "Injection" means the placement of manure beneath the surface of the soil in the crop root zone but not extending beyond the boundary of a land application area and using equipment specifically designed for this purpose.

(QQ) "Installation" means the permanent fabrication, erection or installation of a manure storage or treatment facility or manure control equipment at the location where the manure storage or treatment facility or manure control equipment is intended to be used. The term does not include the following:

(1) The dismantling of existing equipment and control devices;

(2) The ordering of equipment and control devices;

(3) Off-site fabrication; and

(4) Site preparation.

(RR) "Integrated pest management" means a sustainable approach to pest management that combines the use of prevention, avoidance, monitoring and suppression strategies that minimizes and reduces the activity and presence of insects and rodents and keeps such activity and presence below economically damaging levels, minimizing chemical use to reduce pest resistance and the harmful effects of pest control on human health and environmental resources. Integrated pest management includes management, biological controls and the judicious use of chemical controls.

(SS) "Karst terrain" means an area where karst topography, including the characteristic surface and subterranean features, has developed as the result of dissolution of limestone, dolomite or other soluble rock. Characteristic physiographic features present in karst terrains may include the following:

(1) Sinkholes;

(2) Sinking streams;

(3) Caves.

(TT) "Land application areas" means land under the control of a concentrated animal feeding facility, whether it is owned, rented, leased or otherwise under the control of the owner or operator, to which manure, or process wastewater from the production area is or may be applied.

(UU) "Liquid manure" means manure containing more than or equal to eighty percent liquid.

(VV) "Livestock manure broker" means a person who is in the business of buying, selling, or transporting manure.

(WW) "Livestock manure applicator" means a person who is in the business of land applying manure.

(XX) "Manure application" means the placement of manure within the boundaries of a land application area by:

(1) Spraying or spreading onto the land surface;

(2) Injection below the land surface in the crop root zone using equipment specifically designed for this purpose; or

(3) Incorporation into the soil by means of the mixing of manure with the surface soil using standard agricultural practices, such as tillage.

(YY) "Manure management plan (MMP)" means a written plan that adheres to the terms in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code.

(ZZ) "Manure residuals" means settled manure solids combined with varying amounts of water and dissolved materials that remain after some form of treatment.

(AAA) "Manure spill" means any unexpected, unintended, abnormal or unapproved dumping, leakage, drainage, seepage, release or other loss of manure. The term does not include releases to impermeable surfaces when the substance does not migrate off the surface or penetrate the surface and enter the soil.

(BBB) "Manure storage area" means area of an animal feeding operation used by the owner or operator for the storage of manure produced by the operation. Manure storage areas include, but are not limited to, manure storage or treatment facilities, lagoons, runoff ponds, storage sheds, stockpiles, stacking areas, under house or pit storages, liquid impoundments, and composting piles.

(CCC) "Manure storage or treatment facility" means any excavated, diked or walled structure or combination of structures designed for the biological stabilization or treatment, energy recovery, nutrient recovery, and holding or storage of manure. These facilities include manure storage ponds, manure treatment lagoons, fabricated structures, anaerobic digesters, manure storage sheds, under house or pit storages, and composting areas.

(DDD) "Manure storage pond" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to store or settle manure. A manure storage pond contains liquid manure.

(EEE) "Manure treatment lagoon" means a type of manure storage or treatment facility consisting of an earthen impoundment made by constructing an embankment and/or excavating a pit, the purpose of which is to biologically treat manure. A manure treatment lagoon contains liquid manure.

(FFF) "Modification" means one or more of the following:

(1) For "NPDES" permits, permits to install, and permits to operate: a material and substantial alteration of the facility including an increase of the number of animals that exceed the design capacity of an existing facility by ten per cent or more in excess of the design capacity set forth in the current permit, provided that in no case during a five year period will the facility's or facility's capacity be modified to increase by more than ten per cent in the aggregate.

(2) For permits to install and permits to operate: any structural change to the facility that will alter compliance with siting criteria as set forth in rule 901:10-2-02 of the Administrative Code;

(3) For permits to operate: any changes to the insect and rodent control plan approved by the director except as set forth in paragraphs (E) and (F) in rule 901:10-2-19 of the Administrative Code;

(4) For "NPDES" permits, permits to install, and permits to operate: Changes described in rule 901:10-1-09 of the Administrative Code as being grounds for modification of the permit type; or

(5) For "NPDES" permits, permits to install, and permits to operate: Changes to the manure storage or treatment facility that result from an expansion of the existing facility by ten per cent or more in excess of treatment or storage capacity.

(GGG) "Multi-year phosphorus application" means phosphorus applied to a field in excess of the crop needs for that year in accordance with appendix (E) to rule 901:10-2-14 of the Administrative Code.

(HHH) "Neighboring residence" means any occupied permanent dwelling acquired by its current owner prior to the application for a permit to install a new animal feeding operation or prior to the initial construction of an animal feeding operation for which an application for a permit to install expansion or modification has been submitted. A neighboring residence does not include any dwelling owned by the owner or operator of the production area of the facility at the time the permit to install application is submitted.

(III) New discharger means any building, structure, facility, or installation:

(1) From which there is or may be a discharge of pollutants;

(2) That did not commence the discharge of pollutants at a particular site prior to August 13, 1979;

(3) Which is not a new source; and

(4) Which has never received a final effective "NPDES" permit for discharges at that site.

(JJJ) "New source" is defined at 40 CFR 122.2 and new source criteria are as defined at 40 CFR 122.29(b).

(KKK) "Nitrate (as N)" means nitrate reported as nitrogen and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(LLL) "Nutrient" means, for purposes of Chapter 903. of the Revised Code, nitrogen or phosphorus.

(MMM) "Operating record" means the written record of a facility and other activities conducted under a permit to operate maintained by the owner or operator as found in rule 901:10-2-16 of the Administrative Code.

(NNN) "Owner or operator," for the purposes of sections 903.02, 903.03, and 903.05 of the Revised Code, means the person that owns or operates the manure storage or treatment facility or the concentrated animal feeding facility, concentrated animal feeding operation, or major concentrated animal feeding facility as defined in divisions (M), (N), (O), and (EE) of section 903.01 of the Revised Code.

(1) Owner means the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility or holds or is able to control, either directly or through a holding company or subsidiary, by means of any of the following:

(a) The person holds at least twenty-five per cent of the equity of the facility which is a business concern that is a publicly traded corporation; or

(b) The person is any other business concern not covered in paragraph (NNN)(1)(a) of this rule and holds at least fifty per cent of the equity of the facility; or

(c) The person has provided a loan to the facility with provisions for the right to control management of the facility or actual control of the facility or the selection of officers, directors, or managers of the facility.

(2) Types of ownership may include the any of the following:

(a) "Business concern" means any corporation, association, firm, partnership, trust, or other form of commercial organization.

(i) "Sole proprietorship" means a form of business concern, other than a partnership or corporation, in which one person owns all the assets and is solely liable for all the debts of the business. Sole proprietor includes any individual or entity in which an individual is an applicant or permittee or prospective owner.

(ii) "Partner" means a business concern where any person holding a position as, or similar to, a general partner, as defined in division (E) of section 1782.01 of the Revised Code, or a limited partner, as defined in division (F) of section 1782.01 of the Revised Code, or persons who share profits and liability and have management powers of a partnership, as partnership is defined in section 1775.05 of the Revised Code.

(iii) "Publicly traded corporation" means a business concern that is a corporation:

(a) Whose shares are listed on a national securities exchange; or

(b) Whose shares are regularly quoted in an over-the-counter market by one or more members of a national; or affiliated securities association; or

(c) With fifty or more shareholders.

(b) "Equity" means any ownership interest in a business concern, including sole proprietorship, the shares of a partner, and stock in a corporation.

(c) "Loans" means notes, mortgages, or financial loans of any kind, secured or unsecured, unless held by a chartered lending institution.

(3) "Operator" means the person responsible for the direct control or overall operations of a facility, and whose duties or responsibilities involve, in whole or part, the management of the facility and the exercise of independent or discretionary judgment. An operator may include the person who has the right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility.

(OOO) "Overflow" means the spillage of manure resulting from the filling of manure storage or treatment facilities beyond the point at which no more manure or stormwater can be contained by the facilities.

(PPP) "Past violations" for purposes of rule 901:10-5-04 of the Administrative Code means violations of Chapter 903. of the Revised Code and rules promulgated thereunder that have occurred on more than one occasion in the past five years.

(QQQ) "Pests" means detrimental insects and rodents.

(RRR) "Phosphorus (as P)" means the same as phosphate in this chapter.

(SSS) "Point source" means any discernible, confined, or discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, large concentrated animal feeding operation, medium concentrated animal feeding operation, small concentrated animal feeding operation, landfill leachate collection system, vessel or other flooding craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater discharges.

(TTT) "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et. seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(1) Sewage from vessels; or

(2) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state in which the well is located, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources.

(UUU) "Professional engineer" means a person qualified to practice engineering according to the provisions of Chapter 4733. of the Revised Code and is presently registered by Ohio's board of registration for professional engineers and land surveyors.

(VVV) "Professional geologist" means a person qualified to practice geology and is presently registered by a state licensing or certification board as recognized by the american institute of professional geologists.

(WWW) "Precipitation event" means:

(1) A ten year, twenty-four hour rainfall event with a probable recurrence interval of once in ten years, or

(2) A twenty-five year, twenty-four hour rainfall event with a probable recurrence interval of once in twenty-five years; or

(3) A one-hundred year, twenty-four hour rainfall event.

(4) The terms ten year, twenty-four hour precipitation event, twenty-five year, twenty-four hour precipitation event, and one-hundred year, twenty-four hour precipitation event shall mean a precipitation event with a probable recurrence interval of once in ten years or twenty-five years or one hundred years, respectively, as defined by the national weather service in technical paper number forty, rainfall frequency atlas of the United States, May 1961, and subsequent amendments or equivalent regional or state precipitation probability information.

(XXX) "Public water system, or PWS," means a system which provides water for human consumption through pipes or other constructed conveyances for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. Such term includes any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system and any water supply system serving an agriculture labor camp, as defined in section 3733.41 of the Revised Code. A public water system is either a "community water system" or a "non-community water system".

(1) "Community water system or CWS" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

(2) "Non-community water system or NCWS" means a public water system that is not a community water system.

(a) "Non-transient non-community water system or NTNCWS" means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.

(b) "Transient non-community water system or TNCWS" means a non-community public water system that does not regularly serve at least twenty-five of the same persons over six months of the year.

(YYY) "Reasonably available" means a person that is within a two hour drive of the facility and is available by telephone or by electronic communication.

(ZZZ) "Seasonal salmonid habitat" means rivers, streams and embankments designated a seasonal salmonid aquatic life habitat by the Ohio environmental protection agency as set forth in Chapter 3745-1 of the Administrative Code.

(AAAA) "Setback" means a specified distance from surface waters, wells, neighboring residences, or potential conduits to surface waters where manure, and process wastewater may not be land applied. Examples of conduits to surface waters include but are not limited to: Open tile line intake structures, sinkholes, and agricultural well heads.

(BBBB) "Solid manure" means manure containing greater than twenty per cent total solids.

(CCCC) "Sole source aquifer" means an aquifer designated by the United States environmental protection agency as the sole or principal source of drinking water for a given aquifer service area.

(DDDD) "Soil" means unconsolidated, erodible earth material consisting of minerals or organics.

(EEEE) "Soil horizon" means a layer of soil, approximately parallel to the soil surface, with characteristics produced by soil-forming processes.

(FFFF) "Staging or staging area" means the land application area used for placement of manure at the time of delivery in such a manner as to facilitate land application within fifteen days at that site. Staging includes the transfer of liquid manure from transport vehicles to land application equipment.

(GGGG) "Stockpile or stockpile area" means field placement of the amount of manure to be land applied to the next planned crop or crop rotation at a land application area.

(HHHH) "Storage or storage period" means the length of time anticipated between manure clean-out events provided that manure storage does not mean any form of manure containment for a period of fourteen days or less.

(IIII) "Substantial compliance when referring to compliance with the provisions of a permit," means following the effluent limitations and best management practices set forth in the permit.

(JJJJ) "Surface waters of the state" means all streams, lakes, ponds, marshes, watercourses, wetlands, springs, drainage systems, and other bodies or accumulations of surface water, natural or artificial, that are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface or underground waters.

(KKKK) "Total coliform" means all coliform bacteria and is listed with approved methods of analysis in table 1A at 40 CFR 136.3.

(LLLL) "Total dissolved solids" means nonfilterable residue and is listed with approved methods of analysis in table 1B at 40 CFR 136.

(MMMM) "Trade secrets" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, improvement, business information or plans, financial information, listing of names, addresses, or telephone numbers that satisfies both of the following:

(1) It derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable through proper means by other persons who can obtain economic value from its disclosure or use.

(2) The person claiming the secrets has taken reasonable efforts under the circumstances to maintain secrecy.

(NNNN) "Uncovered" means any manure storage or treatment facility that allows exposure of manure to precipitation events or to the run-on or run-off from precipitation events.

(OOOO) "Variance" means a type of permit modification that applies to "NPDES" permits.

(PPPP) "Zoonotic diseases" means illnesses that can be transmitted between humans and animals.

(QQQQ) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2010.

Last updated January 2, 2025 at 8:16 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-19

(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 isstockpiled or land applied. Subject to the requirements set forth in rules 901:10-2-07 and 901:10-2-08 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.

(B) Contents of an insect and rodent control plan.

(1) An insect and rodent control plan shall be prepared by the owner or operator and be submitted to the director for approval. Upon approval by the director, the insect and rodent control planwill be incorporated into the permit to operate.

(2) An insect and rodent control plan shall:

(a) Be specific to the agricultural animal species of the concentrated animal feeding facility.

(b) Include a narrative description of a balanced integrated pest management to minimize the presence and negative effects of insects and rodents;

(c) Set forth with specificity the standard operating procedures for actions to minimize the activity and reduce the presence of insects and rodents at the facility; and

(d) Set forth methods of monitoring and procedures for record keeping in the operating record to document inspection results and actions performed.

(3) Standard operating procedures set forth in paragraphs (B)(3)(a) to (B)(3)(d) and paragraph (C) of this rule set forth some but not all of the necessary integrated pest management actions to minimize the activity and reduce the presence of insects and rodents at the facility.

(a) Management controls. The following management controls require regular inspections to be conducted by the owner or operator in intervals as described in the insect and rodent control plans. Monitoring records and inspection records shall be maintained in the operating record as required by rule 901:10-2-16 of the Administrative Code. Management controls consist of the following:

(i) The owner or operator shall specify inspection intervals in the insect and rodent control plan and conduct and document inspections as specified in the plan.

(ii) The owner or operator shall inspect for the presence or absence of watering and feeding system leaks. If any leaks are detected, appropriate repairs shall be undertaken promptly.

(iii) The owner or operator shall inspect and record observations made regarding the presence and level of pest activity. Appropriate control actions shall be undertaken promptly when activity of insects and rodents is observed that requires actions as described in the plan required by paragraph (B)(2) of this rule.

(iv) The owner or operator shall manage moisture levels in manure to minimize the activity and reduce the presence of insects and rodents at the facility. Methods to control moisture may include but are not limited to: building design; adequate ventilation; mechanical aeration; leak detection and repair; proper site grading and drainage and maintenance of watering and feeding systems.

(v) Except for manure storage ponds and manure treatment lagoons, manure storage or treatment facilities shall be covered unless the runoff and drainage is collected and stored, or directed to a specifically designed infiltration area or other adequate treatment system. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents at the facility.

(vi) Except for manure storage ponds and manure treatment lagoons, the owner or operator shall inspect manure storage or treatment facilities for pest activity prior to the removal of manure. Appropriate control actions shall be undertaken prior to the removal of manure to minimize the activity and reduce the presence of insects and rodents.

(vii) The owner or operator shall inspect land application areas for insect and rodent activity during and after the land application of manure.

(viii) The owner or operator shall monitor manure stockpiles for insect and rodent activity on a seasonally appropriate basis.

(b) The following management actions are required but do not require record keeping, unless specified otherwise in the permit to operate, and consist of the following:

(i) Maintain sanitation procedures designed to minimize the activity and reduce the presence of insects and rodents including: maintenance of vegetation around the buildings; cleaning of the facility; removal of dead or trapped animals at a frequency that prevents their accumulation and utilization of covered receptacles for food, feed, dead animals or refuse that are durable, cleanable, inaccessible to insects or rodents, leak proof and nonabsorbent;

(ii) Buildings shall be maintained and managed in such a manner as to minimize the activity and reduce the presence of insects and rodents. The director may consider the function, purpose and age of the buildings;

(iii) The owner or operator shall maintain or have prompt access to appropriate insect and rodent control equipment;

(iv) The owner or operator shall maintain or have prompt access to suitable cleaning implements and supplies as necessary for effective cleaning of the facility; and

(v) The owner or operator shall maintain or have prompt access to insect and rodent monitoring methods and devices.

(c) Biological controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management. Biological controls shall include standard operating procedures designed to encourage the development and preservation of beneficial organisms.

Beneficial organisms may be appropriate when contained within the facility but may not be appropriate when removed from the facility. Prior to manure removal, the owner or operator is advised to evaluate the potential effects of beneficial organisms outside of the facility, e.g., at any site used for land application of manure.

(d) Chemical controls may be used to minimize the activity and reduce the presence of insects and rodents as part of integrated pest management.

Utilization of chemical controls may require, but not be limited to, asking the owner or operator to become a certified pest control applicator and keep accurate records on methods or products used and on dosage rates under Chapter 921. of the Revised Code.

(e) Utilization of chemical controls may include, but not be limited to the following:

(i) Insecticides, larvicides, rodenticides, space sprays, fly baits, vapor strips;

(ii) Chemical application equipment; and

(iii) Inside and outside control measures.

(C) Storing, stockpiling and land applying manure.

(1) The insect and rodent control plan shall be consistent with the manure management plan in order to minimize the activity and reduce the presence of insects and rodents at the facility and include the manure storage or treatment facilities and the land application areas.

(2) The storing, stockpiling and land application of manure shall be completed in accordance with standard operating procedures set forth in this paragraph and in the owner or operator's insect and rodent control plan in order to minimize the activity and reduce the presence of insects and rodents. These standard operating procedures may include but are not limited to:

(a) Treatment of pests at the land application area;

(b) Setback distances during land application that are consistent with the manure management plan for the facility and with rule 901:10-2-14 of the Administrative Code;

(c) Extended stockpiling times after removal from the facility for thermal treatment and prior to land application;

(d) Covering of the manure storage or treatment facility or covering the stockpile for thermal treatment;

(e) Implementing appropriate control measures for manure staged or stockpiled more than one week; and

(f) Chemical treatment of the manure at the facility prior to the removal of manure from the manure storage or treatment facility, monitoring and observing land application areas spread with that manure for pest activity during application, and a final inspection of those land application areas when applications are complete;

(g) If the presence of insect and rodent activity is not minimized and/or reduced prior to the removal of manure from the manure storage or treatment facility, the owner or operator shall visually monitor and observe land application areas spread with that manure for pest activity during application and conduct a final inspection of those land application areas when applications are complete.

(D) Emergency procedures. Each facility shall develop and maintain emergency procedures of action in order to minimize the activity and reduce the presence of insects and rodents at the facility.

(E) Compliance. Compliance with an insect and rodent control plan shall be determined as follows:

(1) Before proceeding with the procedures set forth in rule 901:10-5-03 of the Administrative Code, the director shall review the operating record, together with the insect and rodent control plan, examine any records of management actions taken, records of implementation of standard operating procedures and other appropriate control actions, and any monitoring data collected in the operating record.

(2) The director shall determine if insect and rodent activity has been minimized and the presence of the insects and rodents reduced by evaluating the records and assessing trends and making visual observations at the facility as evidenced by implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making this determination for an appropriate period of time, consideration will be given, but not limited to the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects and weather conditions.

(3) Upon completion of the evaluation described in paragraphs (E)(1) and (E)(2) of this rule, the director may do the following:

(a) If the owner or operator is in compliance with the plan, the director may seek voluntary action by the owner or operator to modify the insect and rodent control plan including but not limited to further minimizing and reducing the activity and presence of insects and/or rodents at the facility; or

(b) If the owner or operator will not consent to modifying the plan, or if the owner or operator is not in compliance with the plan, then the director may propose to modify the insect and rodent control plan or the owner or operator may submit an application to modify the plan, in accordance with the procedures in rule 901:10-1-09 of the Administrative Code.

(4) The director is not required to comply with paragraphs (E)(1) to (E)(3) of this rule if the director determines:

(a) An emergency exists as described in rule 901:10-5-05 of the Administrative Code; or

(b) In consultation with federal, state or local health agencies, the director determines that there exists a high risk of zoonotic disease.

(F) Criteria for approving, disapproving or modifying an insect and rodent control plan including any major operational change to an insect and rodent control plan.

(1) The director shall consider the following criteria in determining an action on an insect and rodent control plan:

(a) Compliance with paragraphs (B) to (D) of this rule.

(b) Completeness and appropriateness of the methods for disposal of rodents on a daily or weekly basis or if there is an emergency. The director will require compliance with rule 901:10-2-15 of the Administrative Code.

(c) In order to comply with rule 901:10-1-09 of the Administrative Code for any proposed major operational change of the insect and rodent control plan, the owner or operator shall:

(i) Demonstrate that insect and rodent activity has been minimized; or

(ii) Demonstrate that the proposed major operational change will improve the management of pests; and

(iii) Authorize the director to evaluate the operating records and assess trends and make visual observations at the facility of implementation of the insect and rodent control plan over an appropriate period of time and during periodic inspections at the facility. In making a determination under this paragraph and rule 901:10-1-09 of the Administrative Code, the director may consider the following: prevailing wind patterns, siting criteria, precipitation patterns, seasonal effects, weather conditions, and applicable scientific and technical references for monitoring and control of insect and rodent populations.

(2) The director must act upon, approve or deny an insect and rodent control plan within ninety days of receiving it.

(G) Penalties. The director will determine civil penalties for violations of this rule in accordance with the rule 901:10-5-04 of the Administrative Code.

Last updated January 5, 2026 at 10:00 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-01

(A) Purpose and applicability of a permit to install.

(1) 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.

(2) Any person who plans to construct 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 not a concentrated animal feeding facility may be required by the director to comply with applicable rules 901:10-2-01 to 901:10-2-06 of the Administrative Code.

(a) If the director has made a determination that the animal feeding facility shall be required to apply for and receive a permit to operate in accordance with section 903.082 of the Revised Code; 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.

(B) Administrative procedures for a permit to install.

(1) In order to obtain a permit to install, the owner or operator shall submit:

(a) A properly completed application in accordance with paragraph (C) of this rule; and

(b) An appropriate fee as stated in rule 901:10-1-04 of the Administrative Code.

(2) The owner or operator may amend the application for a permit to install prior to the conduct of any public meeting that may be held for the draft permit to install and/or while the permit to install application is pending before the director.

(3) The owner or operator shall notify the department prior to beginning actual construction of any manure storage or treatment facility approved in the permit to install.

(4) Upon completion of construction of the manure storage or treatment facility, the owner or operator shall submit a notarized statement certifying that the facility was constructed in substantial compliance with the approved permit to install plans, certified as-built plans, and construction documentation submitted to the department. As-built plans and construction documentation shall be submitted at least fourteen days prior to any proposed stocking of housing barns or intended use of manure storage or treatment facilities. In addition, as-built plans shall be provided by a professional engineer, signed and stamped, if the design plans require a professional engineer as described in paragraph (A)(1) of rule 901:10-2-05 or paragraph (A) of rule 901:10-2-06 of the Administrative Code.

(a) A copy of the completed and approved as-built plans shall be submitted for the permanent record and to demonstrate compliance with the approved permit to install engineering plans and specifications.

(b) In addition to as-built plans, the following shall be submitted where applicable as part of the construction or permit to install:

(i) Any soils investigations, compaction testing, soil bearing confirmation or lab analyses as required by plans.

(ii) Pictures demonstrating construction specifications and details were followed.

(iii) Daily log of construction activity including dates, weather conditions, and work completed.

(iv) Documentation demonstrating concrete mix design and concrete construction and material specifications were in accordance to approved plans.

(v) Any other construction documentation that is required by the approved set of engineering plans or in the permit to install.

(c) After submitting a copy of the completed as-built plans and after the facility is inspected by the director, the director will issue authorization to stock animals or to use a new manure storage or treatment facility and to thereby commence operations in accordance with any permit to operate issued for the facility. Facilitieswill be inspected by the director in a timely manner.

(5) The owner or operator shall maintain a copy of the current permit to install issued by the department.

(6) A permit to install may be modified in accordance with rule 901:10-1-09 of the Administrative Code. The owner or operator shall not modify the concentrated animal feeding facility without obtaining a permit modification.

(C) Contents of an application for a permit to install.

Unless otherwise indicated, an application for a permit to install shall contain the information and criteria as required in rules 901:10-1-02 and 901:10-1-03 of the Administrative Code and shall attach and/or include all of the following information:

(1) The name, address, telephone number, and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or of all officers and directors if the owner is a corporation and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner.

(2) The name, address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, directors, or managers of the operator.

(3) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain.

(4) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of the water utilized and a statement identifying the source of the water.

(5) Copies of recorded water well logs on file with the Ohio department of natural resources division of water and their locations within a one thousand foot radius of the manure storage or treatment facility, as located on a map that includes the well locations.

(6) A scaled map adequate to show detail that includes, but is not limited to:

(a) Approximate overall dimensions of the manure storage or treatment facility;

(b) Property line boundaries of the concentrated animal feeding facility;

(c) Location and siting distances from the manure storage or treatment facility. For purposes of identifying and illustrating the siting criteria, the owner or operator of a concentrated animal feeding facility or a major concentrated animal feeding facility is to submit a document that demonstrates compliance with the siting criteria in rule 901:10-2-02 of the Administrative Code; and

(d) Identify the approximate location of all known subsurface drains within one hundred feet of the proposed manure storage or treatment facility.

(7) The report required by paragraph (C) of rule 901:10-2-03 of the Administrative Code, including the information on the soils, ground water sampling and analysis, hydrology, subsurface geology and topography of the land area used for the manure storage or treatment facility based on the subsurface geological exploration conducted in accordance with rule 901:10-2-03 of the Administrative Code. The report may also include site-specific information and conclusions derived from the site's subsurface geological exploration. If required as a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code, additional groundwater monitoring shall be included.

(8) Designs, plans and detailed engineering drawings for the proposed construction of the concentrated animal feeding facility that comply with rules 901:10-2-02 to 901:10-2-06 of the Administrative Code and include the proposed location of the construction site, and design and construction plans and specifications. Include with the detailed engineering drawings: cross sections, concrete or earthwork specifications, illustrations and profiles for construction of the manure storage or treatment facility in the plans.

(9) Plans for any manure transfer lines that includes the alignment, size, type and installation details of the pipe. Include detailed engineering drawings, material and construction specifications necessary to complete the proposed construction, and the proposed pressure testing that will be completed upon the completion of construction in the plans.

(10) The precipitation runoff and stormwater grading plans required by rule 901:10-2-04 of the Administrative Code.

(11) Manure characterized in accordance with rules 901:10-2-04 and 901:10-2-10 of the Administrative Code.

Last updated January 5, 2026 at 9:59 AM

History

• Effective: January 1, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-2-16

(A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.

The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) The manure storage or treatment facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the Administrative Code, including:

(a) Measurements of manure volume and the depth of liquid manure in manure storage or treatment facilities by the depth marker or other appropriate device as approved by the director in accordance with rules 901:10-2-05 and 901:10-2-06 of the Administrative Code as required by rule 901:10-2-08 of the Administrative Code.

(b) Records of inspections of the structural integrity and vegetative management systems of the manure storage or treatment facility taken at intervals specified in the manure management plan and including evidence of erosion, leakage, animal damage, and problems of emerging vegetation.

(c) Records of measurements of current storage capacity remaining in any manure storage and treatment facility, based upon inspections conducted at intervals specified in the manure management plan. Records shall include volume of solids accumulation, design treatment volume, total design storage volume, and approximate number of days remaining until manure reaches maximum operating level as specified in the manure management plan.

(d) Records of inspections of stormwater conveyances, diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon.

(e) Records of inspections of the protective vegetative cover that is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.)

(f) Implementation dates of those best management practices necessary to operate and maintain settling basins, grass filtration or soil infiltration systems or diverting clean water and roof water away from the production area.

(g) Records of groundwater sampling and analysis and any surface water sampling and analysis. This also includes any records associated with monitoring or sampling of subsurface perimeter drains around manure storage or treatment facilities.

(h) Records required in rule 901:10-2-19 of the Administrative Code for the insect and rodent control plan.

(i) Records of inspections of water lines located above ground and readily accessible or visible for daily inspection, including drinking water or cooling water lines.

(j) Records of actions taken to correct any deficiencies found as a result of inspections conducted in the production area. If actions were not taken within thirty days of discovery, then the operating record shall record the reasons explaining why corrections could not be made immediately.

(k) Records of the date, time, and estimated volume of any overflow or discharge from the production area.

(2) Manure characterization data, test methods, results, and other information as required in paragraph (E) of rule 901:10-2-10 of the Administrative Code.

(3) Land application area records shall be recorded and maintained in the operating record. Records for each land application area shall include:

(a) The owner or operator shall maintain or have access to adequate land application equipment and record this in the operating record. All land application equipment, including manure transfer or transportation equipment, shall be routinely monitored to ensure the equipment is not leaking, causing a spill or discharge.

(b) The owner or operator shall list or otherwise describe those acres of land in the operating record for land application of manure, whether the land is owned or leased. Land application areas identified in the manure management plan shall be accompanied by a map.

(c) The owner or operator shall identify appropriate site-specific conservation practices that are or will be implemented at a land application area, including as appropriate buffers or equivalent practices, to control runoff of pollutants to surface waters of the state.

(d) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, document the periodic observations of the subsurface drain outlets and concentrated surface flow areas for liquid manure flow during and after application in the operating record.

(i) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(ii) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(e) When liquid manure is applied to a land application area with a subsurface drain, document the use of drain outlet plugs or other devices in the operating record.

(f) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(g) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(h) Records of the cropping schedule for each land application area for the past year, planned crops for the current year, and anticipated crops for the next two years after the current year.

(i) Targeted crop yield for each crop in each land application area based on:

(i) Soil productivity information;

(ii) Historical yield data;

(iii) Potential yield; or

(iv) Combinations of yield data.

(v) An additional ten per cent may be added to the potential and/or historical yields to account for improvements in management and technology.

(vi) When historical yield data is not available a realistic yield may be based on local research or on yields from similar soils and/or cropping systems in the area.

(vii) For new or potential crops or varieties, industry yield estimates may be used until actual yields are available for documentation in the operating record.

(j) Actual yield, if available.

(k) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(l) Date, rate, quantity and method of application of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(m) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(n) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(o) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation, and wind speed and direction.

(p) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(q) Implementation dates of those best management practices necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation, cover crops or residue management in accordance with paragraphs (B) to (E) of rule 901:10-2-14 of the Administrative Code.

(r) Record the annual projected nutrient budget for nitrogen and phosphate for each land application site for the plant production sequence and/or crop rotation.

(s) Records shall be maintained of annual calibration of land application equipment.

(4) Unless otherwise recorded with the insect and rodent control plan implementation or land application records, records of inspections and actions taken at manure stockpile or manure transfer sites.

(5) The records for implementation of distribution and utilization methods, if used, shall include:

(a) Quantity of manure transferred off-site for each twelve month period (tons/gallons);

(b) Date of off-site transfer for distribution;

(c) Name, certified livestock manager or agricultural fertilizer applicator certification certificate number and address of recipient of manure;

(d) Record that the recipient was provided with a copy of the appendices A, and B to rule 901:10-2-14 of the Administrative Code, a copy of the most recent manure analysis consistent with the rules; and

(e) An acknowledgment between the owner and operator and the manure recipient pursuant to rule 901:10-2-11 of the Administrative Code.

(6) Disposal of dead livestock. The records for implementing the plan for the disposal of dead livestock shall include, but not be limited to:

(a) The disposal method used for removal of dead livestock;

(b) A record of the date and time of inspection of each facility; and

(c) Those best management practices necessary to implement the disposal of dead livestock.

(7) Records shall be maintained documenting the implementation of best management practices used to ensure that confined animals will not have direct contact with waters of the state.

(B) Records shall be generated by certified livestock managers to comply with the requirements of rule 901:10-1-06 of the Administrative Code. The operating records shall be maintained on forms approved for use by the department. A certified livestock manager employed by a major concentrated animal feeding facility may use the major concentrated animal feeding facility's operating record to comply with the requirements of this rule and rule 901:10-1-06 of the Administrative Code, to the extent the records required to be kept by the certified livestock manager are already maintained in the facility's operating record. The operating record for a certified livestock manager shall be retained for a minimum period of five years, be made available to the director upon request, and record and document the following information:

(1) Records shall be maintained for each land application area.

(2) The certified livestock manager shall list or otherwise describe the acres of land for land application of manure. Description shall include, but is not limited to, maps identifying the land application area.

(3) When liquid manure is applied to a land application area with subsurface drains and concentrated surface flow areas, documentation shall be made of the periodic observations of subsurface drains, drain outlet plugs, drain outlets or other devices for liquid manure flow during and after application in the operating record. Monitoring of concentrated surface flow areas during and after application shall also be documented.

(a) Observation frequency of subsurface drain outlets and concentration surface flow areas during application shall be based on site specific conditions, including, but not limited to, the extensiveness of subsurface drainage system, proximity of land application area to drain outlets and/or concentrated surface flow paths connected to surface waters of the state, and the topography of the land application area. At no time shall the observation frequency exceed three hours during land application.

(b) Visual monitoring of subsurface drain outlets and concentrated surface flow areas shall occur immediately following the completion of land application activities. Periodic visual monitoring shall continue until manure is assimilated into the land application area and is no longer likely to discharge to waters of the state. At no time shall the observation frequency exceed twenty-four hours after the completion of land application.

(4) All soil tests within the last five years. Soil test results shall be maintained in the operating record with the information required in rule 901:10-2-13 of the Administrative Code.

(5) Results of the nitrogen leaching risk assessment procedure and the phosphorus soil test risk assessment procedure and an explanation of the basis for determining manure application rates, as provided in rule 901:10-2-14 of the Administrative Code.

(6) Site inspections to inspect setbacks used to maintain vegetative cover and protect stream channels or areas adjacent to such stream channels and as required by rule 901:10-2-14 of the Administrative Code.

(7) Date, rate, quantity and method of application sources of the nutrient, and/or form and source of manure, commercial fertilizer and/or other organic by-products.

(8) Total amount of nitrogen and phosphate applied per acre to each field, including documentation of calculations for the total amount applied.

(9) Condition of soil at the time of application including, but not limited to, available water capacity (for liquid manure) and evidence of soil cracks and related information on soil conditions (for solid and liquid manure).

(10) Weather conditions at time of application and for twenty-four hours prior to and following application, to include temperature, precipitation and wind speed and direction.

(11) Forecasted chance and amount of precipitation for a twenty-four hour period following the start of land application.

(12) Records shall be maintained of annual calibration of land application equipment.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-5-05 Emergency enforcement and cost recovery.

(A) If the director determines that an emergency exists requiring immediate action to protect the public health or safety or the environment, the director may issue an order without notice or adjudication hearing stating the existence of the emergency and requiring that action be taken that is necessary to meet the emergency. The order shall take effect immediately. A person to whom the order is directed shall comply immediately. A danger to public health, safety or the environment may include, but is not necessarily limited to, the following situations:

(1) When discharge threatens public or private drinking water supplies;

(2) When discharge threatens waters of the state;

(3) When the discharge directly causes flooding of residential housing, commercial property or industrial property, where direct use of the property would be hazardous to public health; and/or

(4) Other situations as determined by the director upon consultation with state and/or local environmental protection or health agencies.

(B) Following receipt of the emergency order, the owner or operator shall comply with the order. The order shall take effect immediately, however, the owner or operator shall be afforded the opportunity for a hearing in accordance with paragraph (C) of this rule.

(C) On application to the director, the owner or operator shall be afforded an adjudication hearing in accordance with Chapter 119. of the Revised Code as soon as possible and not later than thirty days after application. The director's order is appealable in accordance with section 119.12 of the Revised Code. The applicant shall provide the following information to the director in writing or by telephone:

(1) A statement requesting an adjudication hearing;

(2) The date when the order was issued; and

(3) The business or home address and phone number where the owner, operator or representative can be reached during business hours.

(D) On the basis of the hearing, the director or his designee shall continue, revoke or modify the order. If the owner or operator does not request a hearing, the emergency order may remain in effect for one hundred twenty days after its issuance. An order issued following an adjudicatory hearing shall not be considered an emergency order. The appeal provisions described in paragraph (C) of this rule shall apply.

(E) A person responsible for causing or allowing an unauthorized release, spill or discharge of manure is liable to the director for any costs incurred in investigating, mitigating, minimizing, removing, abating the spill, release or discharge or other acts or events that resulted in the emergency and the emergency order. If no attempt is made to repay the director for costs incurred or damages assessed within that time, the director may request the attorney general to bring a civil suit against the person responsible to recover costs and any assessed damages. Reimbursed costs shall be deposited into the livestock management fund.

(F) Livestock management fund. Funds deposited in the livestock management fund created under section 903.19 of the Revised Code shall be used for paying the costs for emergency actions. In addition to paying the costs incurred by the director under section 903.18 of the Revised Code, the director may make disbursements from the fund for any costs incurred by the department in investigating, mitigating, minimizing, removing, abating the release, spill or discharge or other acts or events that resulted in the emergency or the emergency order.

Last updated September 14, 2023 at 10:54 AM

History

• Effective: January 23, 2009
• Promulgated Under: 119.03

Chapter 901:10-6 Public Notice and Information

Ohio Adm.Code 901:10-6-01 Notice.

(A) Notice by publication.

(1) Notices in general. All notices required or authorized by section 903.09 of the Revised Code shall be published once in a newspaper having general circulation in the county in which the facility is located or proposed to be located. Publication shall be done at least thirty days prior to a public meeting, provided that publication shall be done at least forty-five days prior to a public meeting for any draft permit to install or draft NPDES permit subject to an antidegradation review. Public notice is complete upon publication.

Public notice will be given for any draft general permit to be issued by the director. Since general permits are written to cover categories of discharges within a geographic or political area, the director may give one or more notices in newspapers of general circulation for those geographic or political areas identified in the general permit.

(2) Additional requirements for NPDES information. The department shall publish a public notice within thirty days regarding receipt of a NPDES permit application and permit to install for which an antidegradation review is applicable. The purpose of public notice for a draft permit to install and a draft NPDES permit for which an antidegradation review is applicable shall be: to inform other potentially affected persons; to allow for inspection and review of the applications; to indicate whether any of the exclusions or waivers within the antidegradation rules apply to the applications; to instruct interested persons to contact the director within thirty days if they want to be on the interested parties mailing list as described in rule 901:10-6-05 of the Administrative Code for that particular permit to install or NPDES permit application; and to advertise the date, time, and place of any public meeting required under division (C) of section 903.09 of the Revised Code.

(3) The department shall give public notice of the issuance of a review compliance certificate issued pursuant to division (F) of section 903.04 of the Revised Code only to persons who own property that is contiguous to the facility for which the review compliance certificate is issued.

(4) The director shall publish notice of the issuance of a final permit once in a newspaper of general circulation in the county in which the facility is located.

(5) The director shall give public notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit, or for any actions pursuant to section 903.17 of the Revised Code.

(B) Notice by mail.

(1) The director shall mail notice of the issuance of a draft permit and a copy of the draft permit to the applicant or owner or operator and to the board of county commissioners of the county, the board of township trustees of the township, the local board of health and the local soil and water conservation district in which the facility is located or proposed to be located. The director shall also notify owners or operators of public water systems as that term is defined in section 6109.01 of the Revised Code that have a surface water intake structure located within ten miles downstream of the facility or proposed facility described in the draft permit.

(2) In addition, if an antidegradation review of a NPDES permit application indicates the potential to lower water quality, the director shall provide notice by mail to the Ohio department of natural resources, the United States fish and wildlife service, any affected local areawide planning agencies and the Ohio department of development.

(3) The director shall mail notice of the proposed action to deny, suspend, or revoke a permit to install, permit to operate, or NPDES permit to the applicant or owner or operator and a copy of the proposed action to the board of county commissioners of the county and the board of township trustees of the township in which the facility is located or proposed to be located. The director shall also provide notice of the proposed action to deny, suspend, or revoke a NPDES permit to any other persons that are entitled to notice under the Federal Water Pollution Control Act.

(4) Notices shall be mailed by certified mail, return receipt requested, to the person subject thereto. Notices shall state the time and method by which the applicant or permit holder may request public meeting. A statement as to when a final permit will be issued may accompany draft permits.

(a) If a draft permit or proposed action is issued with an effective date and the permit is later signed by the director without being changed further, the department need not, at the time of entry, provide notice or a copy of the permit to the person subject thereto.

(b) If a draft permit or proposed action is issued without an effective date, and the department later assigns an effective date without changing the action further, the department shall mail notice to the person subject thereto informing the person of the effective date.

(5) If the applicable law grants a right to appeal the final permit or order of the director to the environmental review appeals commission, mailings required by this paragraph shall be accompanied by a notice stating the time and method by which the appeal must be filed.

(C) Notice of a public meeting is not required for the modification of a permit made with the consent of the permittee for the correction of typographical errors.

(D) The director may also hold a public meeting at the director's discretion, whenever, for example, such a public meeting might clarify one or more issues involved in the permit decision.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: June 8, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-05

(A) A fact sheet will be prepared prior to the issuance of a draft permit to install, draft permit to operate and draft permit to operate renewal and draft permit modification. The fact sheet shall include such information as may be required by Ohio statute or rule and may also include such additional information as the department deems desirable.

(B) The department will maintain a mailing list of persons or groups requesting fact sheets and of persons or organizations who have expressed an interest in or may, by the nature of their purposes, their activities or their members, be affected by or have an interest in obtaining fact sheets for any of the following:

(1) Any specified permits issued under section 903.02, 903.03 or 903.082 of the Revised Code;

(2) Any action taken by the director relating to the specified draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications.

(C) All public notices required or authorized for actions taken by the director on draft permits to install, draft permits to operate and draft permit to operate renewals or draft permit modifications will be electronically mailed to all persons subscribed on the mailing list maintained by the department.

Last updated August 26, 2025 at 4:09 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-02 Contents of public notices.

(A) Applicability. This rule applies to public notices for the issuance of or proposed actions to deny, suspend, modify, or revoke permits to install, permits to operate, and NPDES permits. This rule applies to the issuance of final orders pursuant to section 903.17 of the Revised Code. In addition, this rule applies to public notices for the receipt of applications for NPDES permits including notification of the public of an applicable antidegradation review under section 6111.12 of the Revised Code. Public notices shall include the following information:

(1) The name, address and telephone number of the office of the Ohio department of agriculture where department files and records pertaining to the proposed action or issuance are located and may be inspected and copied and instructions for persons desiring to obtain additional information, including the NPDES mailing list provided for in rule 901:10-6-05 of the Administrative Code.

(2) The name and address of the applicant.

(3) A brief description of the applicant's activities or operations.

(4) The location of the facility and a short description of any discharge indicating whether any discharge is a new or an existing discharge.

(5) A concise statement of the draft permit or the proposed action.

(6) A statement:

(a) That any interested person may submit a written comment on the draft permit and may request a public meeting within thirty days of appearance of public notice in a newspaper in the affected county. A request for a public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the public meeting; and

(b) The any person has a right to provide a written or oral statement for the record at the public meeting if a meeting is scheduled; and

(c) That one public meeting shall be held prior to issuance of any final permit decision when required by paragraph (C) of rule 901:10-6-04 and may be held where authorized by paragraph (D) of rule 901:10-6-01 of the Administrative Code.

(7) In addition, if the public notice is for an NPDES permit application or a draft permit on an NPDES permit the public notice shall contain the following information:

For a NPDES permit and permit to install application subject to an antidegradation review:

(a) A statement summarizing the receipt of an application for an NPDES permit where an antidegradation review is required;

(b) The date of issuance of the draft permit;

(c) A statement on the applicability of an antidegradation review in section 6111.12 of the Revised Code to indicate whether waivers or exclusions of the policy apply or to indicate an evaluation of issues related to lower water quality.

(d) A statement that the draft permit shall become final on an effective date or event specified therein, unless:

(i) A public meeting is requested;

(ii) The director amends or withdraws the draft permit; or

(iii) The draft NPDES permit has been disapproved by the United States environmental protection agency in accordance with rule 901:10-3-06 of the Administrative Code; and

(e) A statement on the applicability of any of the requirements determined by the director in accordance with paragraph (D)(2) of rule 901:10-3-01 of the Administrative Code.

(B) Notice of NPDES permit applications to government agencies. The notice required by paragraph (A) of rule 901:10-6-01 of the Administrative Code to be given to state and governmental agencies shall include:

(1) The information required in this rule and may include a copy of such public notices.

(2) A statement that:

(a) An affected state or agency, unless covered by paragraph (B)(2)(b) of this rule, may submit written recommendations to the director and to the regional administrator of the United States environmental protection agency which the director may incorporate into the NPDES permit if issued, and that if the recommendation of the state or agency is not incorporated in the final permit, a written explanation of the director's reasons for not accepting the recommendation will be provided for that state or agency and the regional administrator of the United States environmental protection agency; and

(b) If an army corps of engineers district engineer submits written recommendations to the director advising that anchorage and navigation of any of the waters of the United States would be substantially impaired by the granting of the NPDES permit, the director shall propose to deny the NPDES permit in accordance with division (F) of section 903.09 of the Revised Code, and the applicant shall be so notified. If the army corps of engineers district engineer advised the director that imposing specified conditions upon the permit is necessary to avoid any substantial impairment of anchorage or navigation, then the director shall include the specified conditions in the permit.

(3) A copy of the fact sheet and a statement that a copy of the application for an NPDES permit or of the draft NPDES permit, including all ancillary papers, will be provided upon request.

(C) The notice required by paragraph (B) of this rule shall also be given, when applicable, to:

(1) Any agency responsible for an areawide waste treatment management plan pursuant to division (B) of section 208 (2004) of the Federal Water Pollution Control Act.

(2) Any agency responsible for the preparation of a plan pursuant to an approved continuing planning process under division (E) of section 303 (1972) of the Federal Water Pollution Control Act.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-04

(A) Not later than thirty days after public notice of a draft permit, draft permit modification, or a proposed action to deny, suspend, or revoke a permit, any person may file a request for a public meeting. This paragraph does not apply to amended draft actions or to a NPDES permit application where an antidegradation review is required.

(B) Public meetings and antidegradation review and NPDES permits.

(1) Within ninety days of receipt of the application for any permit to install with a NPDES permit, the director shall hold a public meeting where an antidegradation review is required for any category three wetland, a designated outstanding national resource water, outstanding high quality water, state resource water or superior high quality water. The public meeting shall be for the purpose of evaluating issues related to lower water quality.

(2) Within ninety days of receipt of the application, the director shall hold a public meeting for any permit to install application and any NPDES permit application where the application indicates that an antidegradation review is required for general high quality waters other than category three wetlands and for limited quality waters, and the director also determines that there is significant public interest. This meeting is held concurrently with the meeting for the draft permit.

(C) If the director determines that there is significant public interest as described in paragraph (D) of this rule in a draft permit to install, permit to operate, NPDES permit, or modification of any permit, in the antidegradation review described in paragraph (B)(2) of this rule, or in any proposed action to deny, suspend, or revoke a permit, or where required to do so by statute or rule, the director shall hold one public meeting in the county where the facility is located or in a contiguous county. In consideration of an application for issuance of a permit, the director may hold one public meeting prior to issuance of a permit. When allowed by the antidegradation policy, the director shall hold the public meeting on antidegradation issues concurrently with any public meeting held for the draft permit.

The director may take other, reasonable steps to inform the public about draft permits, including fact sheets, brochures or other informal sessions with the public and the permittee.

The director may include representatives from other government departments, offices and agencies to participate in public meetings and otherwise invite these persons to provide pertinent information to the public.

(D) Significant public interest means statements made in writing by twenty or more persons expressing interest in the draft permit before the director or in the antidegradation review and requesting a public meeting. Significant public interest may also include expressed interest by one or more public officials.

(E) Public notice of the public meeting shall be published at least thirty days prior to the public meeting in a newspaper of general circulation and shall include:

(1) The address and telephone number of the office at the Ohio department of agriculture where department files and records pertaining to the proposed action or issuance are located and may be inspected and copied and instructions for persons desiring to obtain additional information, including the NPDES mailing list.

(2) The name and address of the applicant.

(3) The location of the facility and a short description of each existing or proposed discharge point and the name(s) of the receiving water(s).

(4) The date of issuance of the notice of the draft permit.

(5) The time, date, and location of the public meeting if applicable.

(6) A concise statement of the issues raised by those requesting a public meeting.

(7) A statement:

(a) That any interested person may appear and present written and/or oral statements, in person or by a representative.

(b) That the purpose of the meeting is to obtain additional information that will be limited to the criteria that are applicable to the permit application that is the subject of the public meeting and will be considered by the director prior to the director's taking final action on the draft permit under consideration.

(c) That a transcript, recording or other complete record will be made of the public meeting.

(F) In any public meeting, the director may appoint a presiding officer to conduct the meeting. The officer shall state at the beginning of the meeting the manner in which the meeting will be conducted, time limits for testifying, and any other procedures for conducting the meeting. Procedures and time limits may vary according to the number of people wishing to testify, the time the meeting starts, weather conditions and other situations affecting the length of the meeting. On the date and at the time and place specified in the notice, the public meeting shall be held at which any person:

(1) May appear and be heard in person or by a representative, or both;

(2) May present statements orally or in writing, or both. All comments whether written or oral shall be considered equally in making a final decision, provided that comments are submitted with the name and address of the person presenting the statements for the record.

(G) Any person requesting time to make an oral comment at the meeting must register their name and address prior to the beginning of the meeting. Persons shall be called to provide a statement for the record in the order of registration, unless the presiding officer determines otherwise.

(H) Information presented by any person shall be limited to the criteria and information that are applicable to the permit application that is the subject of the public meeting. The officer may rule out of order any person who does not address comments to the matter that is the subject of the public meeting.

(I) Persons attending the public meeting are authorized to tape or videotape the proceedings provided the following requirements are met:

(1) The hearing officer is notified at least twenty-four hours prior to the start of the public meeting unless prior notice is waived by the hearing officer; and

(2) The public meeting is not interrupted or disturbed.

(J) Close of public comment period.

(1) Persons, including applicants, who believe any condition of a draft permit is inappropriate or that the director's tentative decision to deny, issue, or terminate a permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public meeting). Any supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the record in the same action, or consist of state or federal statutes and regulations, or other generally available reference materials. Commenters shall make supporting materials not already included in the record available to the director.

(2) At the time that any final permit action is issued the director shall issue a response to comments or "responsiveness summary."

(3) No final action shall be issued until after the director has considered the responsiveness summary. The responsiveness summary shall briefly describe and respond to all significant comments raised during the public comment period or during the public meeting on the draft permit action or, in the case of a NPDES permit with antidegradation applicability, the permit application. The responsiveness summary shall specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-06

(A) 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.

(B) 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 (B)(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.

(b) Voluntary alternative performance standards. Any CAFO subject to this subpart may request the director to establish "NPDES" permit effluent limitations based upon site-specific alternative technologies that achieve a quantity of pollutants discharged from the production area equal to or less than the quantity of pollutants that would be discharged under the baseline performance standards as provided by paragraph (B)(1) of this rule.

(i) Supporting information. In requesting site-specific effluent limitations to be included in the NPDES permit, the CAFO permittee must submit a supporting technical analysis and any other relevant information and data that would support such site-specific effluent limitations within the time frame provided by the director. The supporting technical analysis must include calculation of the quantity of pollutants discharged, on a mass basis where appropriate, based on a site-specific analysis of a system designed, constructed, operated, and maintained to contain all manure, litter, and process wastewater, including the runoff from a twenty-five-year, twenty-four-hour rainfall event. The technical analysis of the discharge of pollutants must include:

(a) All daily inputs to the storage system, including manure, litter, all process waste waters, direct precipitation, and runoff.

(b) All daily outputs from the storage system, including losses due to evaporation, sludge removal, and the removal of waste water for use on cropland at the CAFO or transport off site.

(c) A calculation determining the predicted median annual overflow volume based on a twenty-five-year period of actual rainfall data applicable to the site.

(d) Site-specific pollutant data, including N, P, BOD5, TSS, for the CAFO from representative sampling and analysis of all sources of input to the storage system, or other appropriate pollutant data.

(e) Predicted annual average discharge of pollutants, expressed where appropriate as a mass discharge on a daily basis (lbs/day), and calculated considering paragraphs (B)(1)(b)(i)(a) to (B)(1)(b)(i)(d) of this rule.

(ii) The director has the discretion to request additional information to supplement the supporting technical analysis, including inspection of the "CAFO."

(c) The "CAFO" shall attain the limitations and requirements of this paragraph as of the date of permit coverage.

(2) For the land application areas.

(a) The operation shall attain the same limitations and requirements listed for the manure management plan in paragraph (A)(1) of rule 901:10-2-07 of the Administrative Code and record keeping requirements in rule 901:10-2-16 of the Administrative Code.

(b) The operation shall attain the limitations and requirements of this paragraph by December 31, 2006.

(C) Effluent limitations attainable by the application of the best conventional pollutant control technology ("BCT").

(1) 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 "BCT":

(a) For operation production areas: the operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(b) For the land application areas: the operation shall attain the same limitations and requirements in paragraph (B)(2) of this rule.

(D) Effluent limitations attainable by the application of the best available technology economically achievable ("BAT").

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 "BAT":

(1) For production areas: the concentrated animal feeding operation shall attain the same limitations and requirements in paragraph (B)(1) of this rule.

(2) For land application areas: the concentrated animal feeding operation shall attain the same limitations and requirements listed in paragraph (B)(2) of this rule.

(E) New source performance standards ("NSPS").

Any new source subject to this rule must achieve the following effluent limitations representing the application of "NSPS."

(1) For production areas: there must be no discharge of manure into waters of the state from the production area, subject to paragraphs (E)(1)(a) to (E)(1)(c) of this rule.

(a) A new source subject to this rule may request that the director establish "NPDES" permit best management practice effluent limitations designed to ensure no discharge of manure, litter, or process wastewater based upon a site-specific evaluation of the concentrated animal feeding operation's open surface manure storage or treatment facilities. The "NPDES" permit best management practice effluent limitations must address the "CAFO's" entire production area. In the case of any "CAFO" using an open surface manure storage or treatment facility for which the director establishes such effluent limitations, no discharge of manure as used in this section, means that the manure storage or treatment facility is designed, operated, and maintained in accordance with best management practices established by the director on a site-specific basis after a technical evaluation of the manure storage or treatment facility. The technical evaluation must address the elements established in 40 CFR 412.46(a)(1) (November 20, 2008). Manure storage or treatment facilities designed, constructed, operated, and maintained consistent with the analysis conducted in 40 CFR 412.46(a)(1)(i) to (a)(1)(vii) (November 20, 2008) and operated in accordance with the manure management plan and records required by rules 901:10-2-08 and 901:10-2-16 of the Administrative Code will fulfill the requirements of this rule. The director has the discretion to request additional information to support a request for effluent limitations based on a site-specific open surface manure storage structure.

(b) The production area shall be 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.

(c) Provisions for upset/bypass, as provided in paragraphs (T) and (U) of rule 901:10-3-10 of the Administrative Code, apply to a new source subject to paragraph (D) of this rule.

(2) For land application areas: the operation shall comply with the requirements listed for the manure management plan required by paragraph (B)(1) of rule 901:10-2-07 of the Administrative Code and the recordkeeping requirements of rule 901:10-2-16 of the Administrative Code.

(3) The operation shall attain the limitations and requirements of paragraph (E) of this rule as of the date of permit coverage.

(4) Any source subject to this rule that commenced discharging after April 14, 1993 and prior to April 14, 2003 which was a new source subject to the standards specified in 40 CFR 412.15, (July 1, 2002), must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000). Thereafter, the source must achieve the standards specified in paragraphs (A)(1) and (A)(2) of this rule.

(5) Any source subject to this rule that commenced discharging after April 14, 2003 and prior to January 20, 2009 which was a new source subject to the standards specified in 40 CFR 412.46(a) to (d) in the July 1, 2008 edition of 40 CFR part 439, must continue to achieve those standards for the applicable time period specified in 40 CFR 122.29(d)(1) (May 15, 2000).

Last updated June 26, 2025 at 3:22 AM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-3-01

(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.

(C) Any person who discharges or proposes to discharge pollutants and who does not have an effective NPDES permit, except persons covered by a general NPDES permit, must submit a complete application to the director in accordance with this rule. The director shall not issue a NPDES permit before receiving a complete application for a NPDES permit except NPDES general permits. An application for a NPDES permit is complete when the director receives an application form and any supplemental information which are completed to his or her satisfaction. All applicants for NPDES permits must provide the following information to the director:

(1) The activities conducted by the applicant, which require it to obtain a NPDES permit;

(2) The following information about the applicant's facilities:

(a) Information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, chickens other than layers, 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) The types of manure storage areas, waste containment areas, and total capacity for manure storage (tons/gallons);

(c) The total number of acres under control of the applicant available for land application of manure;

(d) Estimated amounts of manure generated per year (tons/gallons);

(e) Estimated amounts of manure transferred to other persons per year (tons/gallons); and

(f) For operations that must seek coverage under a permit after December 31, 2006, certification that a nutrient management plan has been completed and will be implemented upon the date of permit coverage.

(3) The name and address of the owner and operator and information required by paragraph (C)(1) of rule 901:10-2-01 of the Administrative Code;

(4) Whether the operation is located on Indian lands;

(5) A listing of all permits or construction approvals received or applied for under any of the following programs:

(a) Hazardous waste management program under the Resource Conservation and Recovery Act (RCRA);

(b) Underground injection control (UIC) program under the Safe Drinking Water Act (SDWA);

(c) The "Prevention of Significant Deterioration" (PSD) program under the Clean Air Act;

(d) Non-attainment program under the Clean Air Act;

(e) "National Emissions Standards for Hazardous Pollutants" (NESHAPS) preconstruction approval under the Clean Air Act;

(f) Dredge or fill permits under section 404 of the Clean Water Act;

(g) Other relevant environmental permits, including state permits;

(6) Latitude and longitude of the production area (entrance to the production area); and

(7) A topographic map of the geographic area in which the concentrated animal feeding operation is located showing the specific location of the production area.

(D) Purpose and applicability of the individual NPDES permit.

Persons that have been issued a NPDES permit by the director are required to comply with the following requirements as determined by the director:

(1) Rule 901:10-3-10 of the Administrative Code;

(2) Rules 901:10-3-02 to 901:10-3-06 of the Administrative Code;

(3) Applicable water quality standards adopted under section 6111.041 of the Revised Code;

(4) National standards of performance for new sources;

(5) The antidegradation policy adopted under section 6111.12 of the Revised Code;

(6) Other applicable requirements of the act; and,

(7) The terms of the concentrated animal feeding operation's manure management plan. For purposes of NPDES permitting, the terms of the manure management plan are the information, protocols, best management practices, and other conditions in the manure management plan determined by the director to be necessary to meet the following requirements:

(a) Ensure adequate storage of manure, including procedures to ensure proper operation and maintenance of manure storage or treatment facilities. These requirements include the operating levels, freeboard, and inspections for manure storage or treatment facilities established in the manure management plan pursuant to paragraphs (D)(1) to (D)(3) and (D)(5) to (D)(7) of rule 901:10-2-08 of the Administrative Code;

(b) Ensure proper management of livestock mortalities as required in paragraph (A)(4)(m) of rule 901:10-2-08 and rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge of pollutants from mortalities to waters of the state and no disposal in a manure or storm water storage or treatment facility that is not specifically designed to treat animal mortalities;

(c) Ensure that clean water is diverted, as appropriate, from the production area, in accordance with paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(d) Prohibit direct contact of confined animals with waters of the state as required in paragraph (A) of rule 901:10-2-08 of the Administrative Code;

(e) Ensure that chemicals and other contaminants handled on-site are not disposed of in any manure or storm water storage or treatment facility that is not specifically designed to treat such chemicals and other contaminants, as required by paragraph (D)(4) of rule 901:10-2-08 of the Administrative Code;

(f) Identify appropriate site specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state, as required in paragraph (D)(8) of rule 901:10-2-08 of the Administrative Code;

(g) Identify the protocols for appropriate testing of manure and soil as required in rules 901:10-2-10 and 901:10-2-13 of the Administrative Code;

(h) Identify specific records that will be maintained as required by paragraphs (A)(1)(a) to (A)(1)(f), (A)(1)(k) to (A)(1)(l), (A)(2), (A)(3)(b) to (A)(3)(s), and (A)(6) of rule 901:10-2-16 of the Administrative Code, to the extent they are applicable to the facility's manure management plan;

(i) Establish protocols to land apply manure in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure. The terms of the manure management plan, with respect to protocols for land application of manure, include the land application areas identified as available pursuant to paragraph (C) of rule 901:10-2-09 of the Administrative Code; the field-specific rates of application properly developed, pursuant to the requirements of rule 901:10-2-14 of the Administrative Code, to ensure appropriate agricultural utilization of the nutrients in the manure; and any timing limitations identified in the manure management plan concerning land application on the land application areas. The terms must address rates of application using the approach set forth below, consistent with the requirements of rule 901:10-2-14 of the Administrative Code.

(i) The terms include the maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the manure management plan, in chemical forms determined to be acceptable to the director, in pounds per acre, for each land application area, and certain factors necessary to determine such amounts. At a minimum, the factors that are terms must include: the outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field determined pursuant to paragraphs (D) and (E) of rule 901:10-2-14 of the Administrative Code; the planned crops to be planted in each field or any other uses such as pasture or fallow fields (including alternative crops identified in accordance with paragraph (D)(1)(g)(ix)(b) of this rule; the realistic yield goal for each crop or use identified for each land application area; and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop or use identified for each field. In addition, the terms include the methodology by which the manure management plan accounts for the following factors when calculating the amounts of manure to be land applied: results of soil tests; credits for all nitrogen in the field that will be plant available; the amount of nitrogen and phosphorus in the manure to be applied; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; the form and source of manure; the timing and method of land application; and volatilization of nitrogen and mineralization of organic nitrogen. The methodology that must be used to account for each of these factors is set forth in rules 901:10-2-13 and 901:10-2-14 of the Administrative Code.

(ii) The terms of the nutrient management plan include alternative crops identified in the concentrated animal feeding operation's manure management plan that are not in the planned crop rotation. Where a concentrated animal feeding operation includes alternative crops in its manure management plan, the crops must be listed by land application area, in addition to the crops identified in the planned crop rotation for that land application area, and the manure management plan must include realistic crop yield goals and the nitrogen and phosphorus recommendations from appendix C, tables 1, 2, or 3 of rule 901:10-2-14 of the Administrative Code for each crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of manure to be applied must be determined in accordance with the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule.

(iii) The following projections must be included in the manure management plan submitted to the director, but are not terms of the nutrient management plan: The concentrated animal feeding operation's planned crop rotations for each field for the period of permit coverage; the projected amount of manure to be applied; projected credits for all nitrogen in the field that will be plant available; consideration of multi-year phosphorus application; accounting for all other additions of plant available nitrogen and phosphorus to the field; and the predicted form, source, and method of application of manure, litter, and process wastewater for each crop. Timing of application for each field, insofar as it concerns the calculation of rates of application, is not a term of the manure management plan.

(iv) Concentrated animal feeding operations must calculate maximum amounts of manure to be land applied at least once each year using the methodology identified in paragraph (D)(1)(g)(ix)(a) of this rule before land applying manure and must rely on the following data:

(a) A field-specific determination of soil levels of nitrogen and phosphorus, including, for nitrogen, a concurrent determination of nitrogen that will be plant available consistent with the methodology required by paragraph (D)(1)(g)(ix)(a) of this rule, and for phosphorus, the results of the most recent soil test conducted in accordance with the soil testing requirements set forth in rule 901:10-2-13 of the Administrative Code; and

(b) The results of most recent representative manure tests for nitrogen and phosphorus taken within twelve months of the date of land application in accordance with rule 901:10-2-10 of the Administrative Code, in order to determine the amount of nitrogen and phosphorus in the manure to be applied.

(E) In establishing the terms and conditions of the NPDES permit, the director, to the extent consistent with the act, shall consider technical feasibility and economic costs and shall allow a reasonable period of time for coming into compliance with the permit.

(F) In addition to conditions required in all permits to meet the requirements of rule 901:10-3-10 of the Administrative Code, the director shall establish conditions, as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of the act and regulations. These shall include conditions under 40 CFR sections 122.44, 122.46, 122.47, 122.48 and 40 CFR Part 132 which establishes compliance schedules and authority to set interim compliance dates.

History

• Effective: February 13, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-03 Coordination of federal water pollution control act permit program with agencies of the United States.

(A) Upon the director's issuance of a draft permit for an application to issue or modify a permit, the department shall transmit by certified mail a copy of the permit application and the draft NPDES permit to the regional administrator of the United States environmental protection agency, unless by written agreement the regional administrator has waived the right to receive, review, object, or comment upon a draft permit. If the regional administrator makes timely objection in writing to the issuance of the NPDES permit as being outside the requirements of the Federal Water Pollution Control Act, the permit shall not become final. The director may issue an amended draft permit after consideration of written comments or recommendations of the regional administrator, or may withdraw a draft permit.

(1) The director shall also transmit to the regional administrator of the United States environmental protection agency a copy of any significant comments presented in writing pursuant to the public notice of a draft permit and a summary of any significant comments presented at any public meeting on any permit if:

(a) The regional administrator requests this information;

(b) The proposed permit contains requirements significantly different from those contained in the draft permit; or

(c) Significant comments objecting to the draft permit have been presented at the public meeting or in writing pursuant to the public notice. This does not apply to permits which by written agreement the regional administrator has waived the right to review and for which the United States environmental protection agency has not otherwise requested a receipt.

(2) Immediately following final issuance or modification or renewal of a permit under division (D) of section 903.09 of the Revised Code, the department shall transmit by first class mail a copy to the regional administrator.

(B) At the time of issuance of public notice of an application for issuance or modification of a permit pursuant to division (A) of section 903.09 of the Revised Code, for a discharge for which a fact sheet is prepared pursuant to rule 901:10-6-05 of the Administrative Code, the department shall transmit a copy of the fact sheet to the district engineer of the United States army corps of engineers for the district in which the discharge is located, unless by written agreement the district engineer has waived his right to receive a fact sheet for the discharge.

(C) The department shall, on or before the date of newspaper publication of a NPDES permit, provide the information specified in rule 901:10-6-02 of the Administrative Code to any affected state, interstate, federal, or local government agency having jurisdiction over fish, shellfish, and wildlife resources or over coastal zone management plans, the relevant state historic preservations office, and any affected Indian tribe.

Last updated July 29, 2026 at 12:11 PM

History

• Effective: January 23, 2009
• Promulgated Under: 119.03

Ohio Adm.Code 901:10-6-06 Public information.

(A) The department shall maintain a mailing list of persons or groups interested in receiving copies of fact sheets as described in paragraph (B) of rule 901:10-6-05 of the Administrative Code, and public meeting notices issued or renewed in accordance with rules 901:10-6-01 and 901:10-6-02 of the Administrative Code. Persons interested in subscribing to the mailing list may notify the director in writing and the director may assess fees to reflect the costs of copying and mailing to subscribers. In the alternative, the department may develop electronic methods to distribute the information described in this paragraph. The director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The director may delete from the list the name of any person who fails to respond to such a request.

(B) The department shall develop a mailing list by:

(1) Including those persons who request in writing to be on the list;

(2) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(3) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental and agricultural bulletins or state law journals.

Last updated June 25, 2025 at 6:06 PM

History

• Effective: January 1, 2025
• Promulgated Under: 119.03