Cosponsors:
Senators Coley, Eklund, Hughes, Kearney, Lehner, Manning, Sawyer, Turner, Uecker
Representatives Cera, Hagan, C., Barborak, Buchy, Damschroder, Landis, O'Brien, Patterson, Ruhl, Scherer, Rosenberger, Hayes, McClain, Antonio, Anielski, Ashford, Baker, Beck, Blessing, Brown, Burkley, Carney, Derickson, Hall, Letson, Lynch, Maag, Milkovich, Pillich, Ramos, Redfern, Retherford, Rogers, Slaby, Sprague, Stinziano, Strahorn, Thompson, Winburn Speaker Batchelder
Section 1. That sections 903.25, 905.31, 905.32, 905.34, | 18 |
905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48, 905.49, | 19 |
905.50, 905.99, 907.111, 1511.01, 1511.02, 1511.021, 1511.07, | 20 |
1511.071, 1515.01, 1515.02, 1515.08, 3717.53, 6111.03, 6111.04, | 21 |
and 6111.44 be amended, section 905.501 (905.503) be amended for | 22 |
the purpose of adopting a new section number as indicated in | 23 |
parentheses, and new section 905.501 and sections 905.321, | 24 |
905.322, 905.323, 905.324, 905.325, 905.502, and 1511.023 of the | 25 |
Revised Code be enacted to read as follows: | 26 |
Sec. 903.25. An owner or operator of an animal feeding | 27 |
facility who holds a permit to install, a permit to operate, a | 28 |
review compliance certificate, or a NPDES permit or who is | 29 |
operating under an operation and management plan, as defined in | 30 |
section 1511.01 of the Revised Code, developed or approved by the | 31 |
chief of the division of soil and water resources in the | 32 |
department of natural resources under section 1511.02 of the | 33 |
Revised Code or by the supervisors of the appropriate soil and | 34 |
water conservation district under section 1515.08 of the Revised | 35 |
Code shall not be required by any political subdivision of the | 36 |
state or any officer, employee, agency, board, commission, | 37 |
department, or other instrumentality of a political subdivision to | 38 |
obtain a license, permit, or other approval pertaining to manure, | 39 |
insects or rodents, odor, or siting requirements for installation | 40 |
of an animal feeding facility. | 41 |
(E)(D) "Fertilizer" means any substance containing nitrogen, | 54 |
phosphorus, or potassium or any recognized plant nutrient element | 55 |
or compound that is used for its plant nutrient content or for | 56 |
compounding mixed fertilizers. Lime"Fertilizer" does not include | 57 |
lime, limestone, marl, unground bone, water, residual farm | 58 |
products, and unmanipulated animal and vegetable manures are | 59 |
excepted unless mixed with fertilizer materials or distributed | 60 |
with a guaranteed analysis. | 61 |
(AA)(X) "Anhydrous ammonia equipment" means, with regard to | 140 |
the handling or storage of anhydrous ammonia, a container or | 141 |
containers with a maximum capacity of not more than four thousand | 142 |
nine hundred ninety-nine gallons or any appurtenances, pumps, | 143 |
compressors, or interconnecting pipes associated with such a | 144 |
container or containers. "Anhydrous ammonia equipment" does not | 145 |
include equipment for the manufacture of anhydrous ammonia or the | 146 |
storage of anhydrous ammonia either underground or in refrigerated | 147 |
structures. | 148 |
(BB)(Y) "Anhydrous ammonia system" or "system" means, with | 149 |
regard to the handling or storage of anhydrous ammonia, a | 150 |
container or containers with a minimum capacity of not less than | 151 |
five thousand gallons or any appurtenances, pumps, compressors, or | 152 |
interconnecting pipes associated with such a container or | 153 |
containers. "Anhydrous ammonia system" does not include equipment | 154 |
for the manufacture of anhydrous ammonia or the storage of | 155 |
anhydrous ammonia either underground or in refrigerated | 156 |
structures. | 157 |
(f) Requirements for the maintenance of records by a person | 273 |
that is certified, including, but not limited to, the date of | 274 |
application of fertilizer, the place of application of fertilizer, | 275 |
the rate of application of fertilizer, an analysis of the | 276 |
fertilizer, and the name of the person applying the fertilizer. | 277 |
The rules shall stipulate that the records shall be maintained for | 278 |
not more than three years from the date of the fertilizer | 279 |
application and shall not be required to be submitted to the | 280 |
director or the director's designee, but shall be made available | 281 |
to the director or the director's designee for review upon | 282 |
request. | 283 |
(2) A person who owns or operates agricultural land and who | 307 |
has developed or has had developed a voluntary nutrient management | 308 |
plan under division (A)(1)(a) or (b) of this section, as | 309 |
applicable, may request the supervisors of the applicable soil and | 310 |
water conservation district, the director of agriculture, or the | 311 |
director's designee to approve the plan. The supervisors, | 312 |
director, or director's designee shall approve or disapprove the | 313 |
plan. | 314 |
(D) After a voluntary nutrient management plan has been | 322 |
approved under this section, the person who developed the plan or | 323 |
had it developed shall submit the plan once every five years to | 324 |
the supervisors of the applicable soil and water conservation | 325 |
district or the director for review. If after the review the | 326 |
supervisors or the director determines that the plan needs to be | 327 |
modified, the supervisors or director shall notify the person who | 328 |
submitted the plan. The person then shall provide for the | 329 |
modification of the plan. The procedures and requirements | 330 |
established in divisions (A) to (C) of this section apply to a | 331 |
modification of the plan. | 332 |
Sec. 905.324. (A) Except as provided in division (B) of this | 333 |
section, the director of agriculture, an employee of the | 334 |
department of agriculture, the supervisors of a soil and water | 335 |
conservation district, an employee of a district, and a contractor | 336 |
of the department or a district shall not disclose information, | 337 |
including data from geographic information systems and global | 338 |
positioning systems, used in the development or approval of or | 339 |
contained in a voluntary nutrient management plan. | 340 |
(B) The director or the supervisors of a district may release | 341 |
or disclose information specified in division (A) of this section | 342 |
to a person or a federal, state, or local agency working in | 343 |
cooperation with the director or the supervisors in the | 344 |
development or approval of a voluntary nutrient management plan if | 345 |
the director or supervisors determine that the person or federal, | 346 |
state, or local agency will not subsequently disclose the | 347 |
information to another person who is not authorized by the person | 348 |
who owns or operates agricultural land to receive the information. | 349 |
The director or the supervisors of a district may release or | 350 |
disclose information specified in division (A) of this section to | 351 |
the extent required by the "Federal Water Pollution Control Act" | 352 |
as defined in section 6111.01 of the Revised Code. | 353 |
Sec. 905.36. (A) A licensee or registrant, except | 375 |
registrants who package specialty fertilizers only in containers | 376 |
of ten pounds or less, shall pay the director of agriculture for | 377 |
all fertilizers distributed in this state an inspection fee at the | 378 |
rate of twenty-five cents per ton
or twenty-eight cents per metric | 379 |
ton. Licensees and registrants shall specify on an invoice whether | 380 |
the per ton inspection fee has been paid or whether payment of the | 381 |
fee is the responsibility of the purchaser of the fertilizer. The | 382 |
payment of this inspection fee by a licensee or registrant shall | 383 |
exempt all other persons from the payment of this feefor all of | 384 |
the following, as applicable: | 385 |
(B) Every licensee or registrant shall file with the director | 398 |
an annual tonnage report that includes the number of net tons or | 399 |
metric tons of fertilizer distributed to nonlicensees or | 400 |
nonregistrants in this state by grade; packaged; bulk, dry or | 401 |
liquidin accordance with rules. The report shall be filed on or | 402 |
before the thirtieth day of November of each calendar year and | 403 |
shall include data from the period beginning on the first day of | 404 |
November of the year preceding the year in which the report is due | 405 |
through the thirty-first day of October of the year in which the | 406 |
report is duedate specified in rules. The licensee or registrant, | 407 |
except registrants who package specialty fertilizers only in | 408 |
containers of ten pounds or less, shall include with this | 409 |
statementthe report the inspection fee at the rate stated in | 410 |
division (A) of this section. For a tonnage report that is not | 411 |
filed or payment of inspection fees that is not made on or before | 412 |
the thirtieth day of November of the applicable calendar yeardate | 413 |
specified in rules, a penalty of fifty dollars or ten per cent of | 414 |
the amount due, whichever is greater, shall be assessed against | 415 |
the licensee or registrant. The amount of fees due, plus penalty, | 416 |
shall constitute a debt and become the basis of a judgment against | 417 |
the licensee or registrant. For tonnage reports found to be | 418 |
incorrect, a penalty of fifteen per cent of the amount due shall | 419 |
be assessed against the licensee or registrant and shall | 420 |
constitute a debt and become the basis of a judgment against the | 421 |
licensee or registrant. | 422 |
Sec. 905.39. (A) The director of agriculture shall inspect | 433 |
and sample any fertilizer within the state to such an extent as | 434 |
the director considers necessary and make an analysis where need | 435 |
is indicated to determine whether the fertilizer is in compliance | 436 |
with sections 905.31 to
905.50905.503 of the Revised Code and the | 437 |
rules
adopted under those sections. The director may enter upon | 438 |
any public or private premises or conveyances during regular | 439 |
business hours in order to have access to fertilizer subject to | 440 |
sections 905.31 to
905.50905.503 of the Revised Code and the | 441 |
rules adopted under those sections. | 442 |
(C) The results of official analysis of any sample of | 449 |
fertilizer found to be in violation of any provisions of sections | 450 |
905.31 to
905.50905.503 of the Revised Code or any rule
adopted | 451 |
under those sections, shall be forwarded to the licensee or | 452 |
registrant. A licensee or registrant may request a portion of any | 453 |
such sample, provided that the request is made not more than | 454 |
thirty days after the date of the analysis report. | 455 |
Sec. 905.41. (A) A storage facility for anhydrous ammonia | 464 |
that is used for agricultural purposes shall be designed and | 465 |
constructed in accordance with rules adopted under section 905.40 | 466 |
of the Revised Code. On and after the effective date of this | 467 |
sectionSeptember 10, 2012, no person shall construct a storage | 468 |
facility for anhydrous ammonia that is used for agricultural | 469 |
purposes without applying for and receiving approval of the design | 470 |
of the facility and approval to construct the facility from the | 471 |
director of agriculture in accordance with those rules. | 472 |
(C) Prior to approving or disapproving a storage facility for | 490 |
anhydrous ammonia that is used for agricultural purposes, the | 491 |
director may take into consideration any past violations of an | 492 |
applicable state or federal law pertaining to environmental | 493 |
protection or the environmental laws of another country or any | 494 |
conviction of or guilty plea to a violation of section 901.511 of | 495 |
the Revised Code or a felony drug offense as defined in section | 496 |
2925.01 of the Revised Code related to the use and storage of | 497 |
chemicals used for agriculture by the owner of the storage | 498 |
facility. | 499 |
Sec. 905.45. (A) The director of agriculture may revoke the | 500 |
registration of any grade and brand name of fertilizer or any | 501 |
license, or may suspend any registration or license, or may refuse | 502 |
to register any grade and brand name of fertilizer, or to license | 503 |
any applicant, upon a finding supported by substantial evidence | 504 |
that the registrant, licensee, or applicant has violated any | 505 |
provision of sections 905.31 to 905.50 of the Revised Code, or any | 506 |
rules adopted under those sections. No registration or license | 507 |
shall be refused, suspended, or revoked until thedo any of the | 508 |
following upon a finding that a registrant, licensee, certificate | 509 |
holder, or applicant has violated any provision of sections 905.31 | 510 |
to 905.503 of the Revised Code or any rules: | 511 |
(B) The director, prior to a hearing, may deny, suspend, | 523 |
revoke, refuse to renew, or modify any provision of a fertilizer | 524 |
applicator certificate issued under section 905.321 of the Revised | 525 |
Code and rules if the director has substantial reason to believe | 526 |
the certificate holder has recklessly applied fertilizer in such a | 527 |
manner that an emergency exists that presents a clear and present | 528 |
danger to human or animal health. | 529 |
Sec. 905.46. The director of agriculture may issue an order | 533 |
to the owner or custodian of any lot of fertilizer requiring it to | 534 |
be held at a designated place when the director has found the | 535 |
fertilizer to have been offered or exposed for sale in violation | 536 |
of sections 905.31 to
905.50905.503 of the Revised Code, or any | 537 |
rule
adopted under those sections. A fertilizer shall be held | 538 |
until a release in writing is issued by the director. A release | 539 |
shall not be issued until sections 905.31 to 905.50905.503 of the | 540 |
Revised Code, and the rules adopted under those sections, are | 541 |
complied with and until all costs and expenses incurred in | 542 |
connection with the violation have been paid by the manufacturer, | 543 |
distributor, licensee, or registrant. | 544 |
Sec. 905.47. Any lot of fertilizer not in compliance with | 545 |
sections 905.31 to 905.50905.503 of the Revised Code, or any rule | 546 |
adopted under those sections, is subject to seizure on complaint | 547 |
of the director of agriculture to a court of competent | 548 |
jurisdiction in the county in which the fertilizer is located. The | 549 |
court upon a finding that the fertilizer is in violation of | 550 |
sections 905.31 to 905.50905.503 of the Revised Code, or any rule | 551 |
adopted under those sections, shall order the condemnation of the | 552 |
fertilizer, and it shall be disposed of in a manner consistent | 553 |
with the laws of this state. The court shall not order the | 554 |
condemnation of the fertilizer without first giving the | 555 |
manufacturer or distributor an opportunity to reprocess or relabel | 556 |
the fertilizer to bring it into compliance with sections 905.31 to | 557 |
905.50905.503 of the Revised Code, and the rules
adopted under | 558 |
those sections. | 559 |
Sec. 905.49. Nothing in sections 905.31 to
905.50905.503 of | 567 |
the Revised Code, shall be considered either to restrict the | 568 |
distribution of fertilizers to each other by importers or | 569 |
manufacturers, who mix fertilizer materials for distribution, or | 570 |
to prevent the free and unrestricted shipment of fertilizer to | 571 |
manufacturers who are licensed or have registered their specialty | 572 |
fertilizer grades and brand names as required by sections 905.31 | 573 |
to 905.50905.503 of the Revised Code. | 574 |
Sec. 905.50. If the director of agriculture has taken an | 575 |
official sample of a fertilizer or mixed fertilizer and determined | 576 |
that it constitutes mislabeled fertilizer pursuant to rules | 577 |
adopted under section 905.40 or 905.44 of the Revised Code, as | 578 |
applicable, the person who labeled the fertilizer or mixed | 579 |
fertilizer shall pay a penalty to the consumer of the mislabeled | 580 |
fertilizer or, if the consumer cannot be determined with | 581 |
reasonable diligence or is not available, to the director to be | 582 |
credited to the pesticide, fertilizer, and lime program fund | 583 |
created under section 921.22 of the Revised Code. The amount of | 584 |
the penalty shall be calculated in accordance with either division | 585 |
(A) or (B) of this section, whichever method of calculation yields | 586 |
the largest amount. | 587 |
(C) Upon making a determination under this section that a | 610 |
person has mislabeled fertilizer or mixed fertilizer, the director | 611 |
shall determine the parties to whom the penalty imposed by this | 612 |
section is required to be paid and, in accordance with division | 613 |
(A) or (B) of this section, as applicable, shall calculate the | 614 |
amount of the penalty required to be paid to each such party. | 615 |
After completing those determinations and calculations, the | 616 |
director shall issue to the person who allegedly mislabeled the | 617 |
fertilizer or mixed fertilizer a notice of violation. The notice | 618 |
shall be accompanied by an order requiring, and specifying the | 619 |
manner of, payment of the penalty imposed by this section to the | 620 |
parties in the amounts set forth in the determinations and | 621 |
calculations required by this division. The order shall be issued | 622 |
in accordance with Chapter 119. of the Revised Code. | 623 |
Sec. 905.501. (A) Except as provided in division (B) of this | 626 |
section, whenever the director of agriculture has cause to believe | 627 |
that a person has violated, or is violating, sections 905.31 to | 628 |
905.503 of the Revised Code or rules or an order issued under | 629 |
those sections or rules, the director may conduct a hearing in | 630 |
accordance with Chapter 119. of the Revised Code to determine | 631 |
whether a violation has occurred. If the director determines that | 632 |
a violation has occurred, the director may require the violator to | 633 |
pay a civil penalty in accordance with the schedule of civil | 634 |
penalties established in rules. Each day of violation constitutes | 635 |
a separate violation. | 636 |
Sec. 905.502. Nothing in sections 905.31 to 905.502 of the | 640 |
Revised Code or rules shall be construed to require the director | 641 |
of agriculture to report any findings to the appropriate | 642 |
prosecuting authority for proceedings in the prosecution of, or | 643 |
issue any order or institute any enforcement procedure for, a | 644 |
violation of sections 905.31 to 905.502 of the Revised Code or | 645 |
rules when the director believes that the public interest will be | 646 |
best served by a suitable written notice of warning. A person who | 647 |
receives a written notice of warning may respond in writing to the | 648 |
notice. | 649 |
(B)(1) No political subdivision shall regulate the | 658 |
registration, packaging, labeling, sale, storage, distribution, | 659 |
use, or application of fertilizer, or require a person licensed or | 660 |
registered under sections 905.31 to 905.99 of the Revised Code to | 661 |
obtain a license or permit to operate in a manner described in | 662 |
those sections, or to satisfy any other condition except as | 663 |
provided by a statute or rule of this state or of the United | 664 |
States. | 665 |
Sec. 905.99. Whoever(A) Except as provided in division (B) | 670 |
of this section, whoever violates section 905.02, 905.04, 905.08, | 671 |
905.11, 905.32, 905.33, 905.331, 905.35, 905.36, 905.40, 905.42, | 672 |
905.43, 905.44, 905.45, 905.50, 905.52, 905.54, 905.55, 905.59, | 673 |
905.60, or 905.61 of the Revised Codethis chapter or rules | 674 |
adopted under it is guilty of a misdemeanor of the secondthird | 675 |
degree foron a first offense. On each subsequent offense the | 676 |
offender is guilty of, a misdemeanor of the second degree on a | 677 |
second offense, and a misdemeanor of the first degree on a third | 678 |
or subsequent offense. | 679 |
Sec. 907.111. (A) The department of agriculture has sole and | 683 |
exclusive authority to regulate the registration, labeling, sale, | 684 |
storage, transportation, distribution, notification of use, use, | 685 |
and planting of seed within the state. The regulation of seed is a | 686 |
matter of general statewide interest that requires uniform | 687 |
statewide regulation, and this chapter and rules adopted under it | 688 |
constitute a comprehensive plan with respect to all aspects of the | 689 |
regulation of seed within this state. | 690 |
(C) No political subdivision shall enact, adopt, or continue | 705 |
in effect local legislation relating to the permitting or | 706 |
licensure of any person who is required to obtain a permit or | 707 |
license under this chapter or to the registration, labeling, sale, | 708 |
storage, transportation, distribution, notification of use, use, | 709 |
or planting of seed. | 710 |
(C) "Pollution abatement practice" means any erosion control | 722 |
or animal waste, residual farm products, or manure pollution | 723 |
abatement facility, structure, or procedure and the operation and | 724 |
management associated with it as contained in operation and | 725 |
management plans developed or approved by the chief of the | 726 |
division of soil and water resources or by boards of supervisors | 727 |
of soil and water conservation districts established under Chapter | 728 |
1515. of the Revised Code. | 729 |
(E) "Waters of the state" means all streams, lakes, ponds, | 736 |
wetlands, watercourses, waterways, wells, springs, irrigation | 737 |
systems, drainage systems, and all other bodies or accumulations | 738 |
of water, surface and underground, natural or artificial, | 739 |
regardless of the depth of the strata in which underground water | 740 |
is located, that are situated wholly or partly within, or border | 741 |
upon, this state or are within its jurisdiction, except those | 742 |
private waters that do not combine or effect a junction with | 743 |
natural surface or underground waters. | 744 |
(F) "Operation and management plan" means a written record, | 745 |
developed or approved by the district board of supervisors of a | 746 |
soil and water conservation district or the chief, for the owner | 747 |
or operator of agricultural land or a concentratedan animal | 748 |
feeding operation that contains implementation schedules and | 749 |
operational procedures for a level of management and pollution | 750 |
abatement practices that will abate the degradation of the waters | 751 |
of the state by animal wasteresidual farm products, manure, and | 752 |
by soil sediment, including attached pollutants. | 753 |
(G) "Animal wasteResidual farm products" means animal | 754 |
excreta, discarded products, bedding, wash waters, waste feed, and | 755 |
silage drainage. "Animal wasteResidual farm products" also | 756 |
includes the compost products resulting from the composting of | 757 |
dead animals in operations subject to section 1511.022 of the | 758 |
Revised Code when either of the following applies: | 759 |
(1) Shall establish technically feasible and economically | 806 |
reasonable standards to achieve a level of management and | 807 |
conservation practices in farming or silvicultural operations that | 808 |
will abate wind or water erosion of the soil or abate the | 809 |
degradation of the waters of the state by animal wasteresidual | 810 |
farm products, manure, or by soil sediment, including substances | 811 |
attached thereto, and establish criteria for determination of the | 812 |
acceptability of such management and conservation practices; | 813 |
(2) Shall establish technically feasible and economically | 814 |
reasonable standards to achieve a level of management and | 815 |
conservation practices that will abate wind or water erosion of | 816 |
the soil or abate the degradation of the waters of the state by | 817 |
soil sediment in conjunction with land grading, excavating, | 818 |
filling, or other soil-disturbing activities on land used or being | 819 |
developed for nonfarm commercial, industrial, residential, or | 820 |
other nonfarm purposes, and establish criteria for determination | 821 |
of the acceptability of such management and conservation | 822 |
practices. The standards shall be designed to implement applicable | 823 |
areawide waste treatment management plans prepared under section | 824 |
208 of the "Federal Water Pollution Control Act," 86 Stat. 816 | 825 |
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria | 826 |
shall not apply in any municipal corporation or county that adopts | 827 |
ordinances or rules pertaining to sediment control, nor to lands | 828 |
being used in a strip mine operation as defined in section 1513.01 | 829 |
of the Revised Code, nor to lands being used in a surface mining | 830 |
operation as defined in section 1514.01 of the Revised Code. | 831 |
(3) May recommend criteria and procedures for the approval of | 832 |
urban sediment pollution abatement plans and issuance of permits | 833 |
prior to any grading, excavating, filling, or other whole or | 834 |
partial disturbance of five or more contiguous acres of land owned | 835 |
by one person or operated as one development unit and require | 836 |
implementation of such a plan. Areas of less than five contiguous | 837 |
acres are not exempt from compliance with other provisions of this | 838 |
chapter and rules adopted under them. | 839 |
(5) Shall specify the pollution abatement practices eligible | 844 |
for state cost sharing and determine the conditions for | 845 |
eligibility, the construction standards and specifications, the | 846 |
useful life, the maintenance requirements, and the limits of cost | 847 |
sharing for those practices. Eligible practices shall be limited | 848 |
to practices that address agricultural or silvicultural operations | 849 |
and that require expenditures that are likely to exceed the | 850 |
economic returns to the owner or operator and that abate soil | 851 |
erosion or degradation of the waters of the state by animal waste | 852 |
residual farm products, manure, or soil sediment, including | 853 |
pollutants attached thereto. | 854 |
(7) Shall establish procedures for administering grants to | 859 |
soil and water conservation districts for urban sediment pollution | 860 |
abatement programs, specify the types of projects eligible for | 861 |
grants, establish limits on the availability of grants, and | 862 |
establish requirements governing the execution of projects to | 863 |
encourage the reduction of erosion and sedimentation associated | 864 |
with soil-disturbing activities; | 865 |
(10) Shall not conflict with air or water quality standards | 896 |
adopted pursuant to section 3704.03 or 6111.041 of the Revised | 897 |
Code. Compliance with rules adopted pursuant to this section does | 898 |
not affect liability for noncompliance with air or water quality | 899 |
standards adopted pursuant to section 3704.03 or 6111.041 of the | 900 |
Revised Code. The application of a level of management and | 901 |
conservation practices recommended under this section to control | 902 |
windblown soil from farming operations creates a presumption of | 903 |
compliance with section 3704.03 of the Revised Code as that | 904 |
section applies to windblown soil. | 905 |
(11) Insofar as the rules relate to urban sediment pollution, | 906 |
shall not be applicable in a municipal corporation or county that | 907 |
adopts ordinances or rules for urban sediment control, except that | 908 |
a municipal corporation or county that adopts such ordinances or | 909 |
rules may receive moneys for urban sediment control that are | 910 |
disbursed by the board of supervisors of the applicable soil and | 911 |
water conservation district under division (N) of section 1515.08 | 912 |
of the Revised Code. The rules shall not exempt any person from | 913 |
compliance with municipal ordinances enacted pursuant to Section 3 | 914 |
of Article XVIII, Ohio Constitution. | 915 |
(G) Issue orders requiring compliance with any rule adopted | 923 |
under division (E)(1) of this section or with section 1511.022 of | 924 |
the Revised Code. Before the chief issues an order, the chief | 925 |
shall afford each person allegedly liable an adjudication hearing | 926 |
under Chapter 119. of the Revised Code. The chief may require in | 927 |
an order that a person who has caused agricultural pollution by | 928 |
failure to comply with the standards established under division | 929 |
(E)(1) of this section operate under an operation and management | 930 |
plan approved by the chief under this section. The chief shall | 931 |
require in an order that a person who has failed to comply with | 932 |
division (A) of section 1511.022 of the Revised Code prepare a | 933 |
composting plan in accordance with rules adopted under division | 934 |
(E)(10)(8)(c) of this section and operate in accordance with that | 935 |
plan or that a person who has failed to operate in accordance with | 936 |
such a plan begin to operate in accordance with it. Each order | 937 |
shall be issued in writing and contain a finding by the chief of | 938 |
the facts upon which the order is based and the standard that is | 939 |
not being met. | 940 |
(H) Employ field assistants and such other employees as are | 941 |
necessary for the performance of the work prescribed by Chapter | 942 |
1515. of the Revised Code, for performance of work of the | 943 |
division, and as agreed to under working agreements or contractual | 944 |
arrangements with local soil and water conservation districts, | 945 |
prescribe their duties, and fix their compensation in accordance | 946 |
with such schedules as are provided by law for the compensation of | 947 |
state employees. | 948 |
(B) Any person who wishes to make a complaint regarding | 1008 |
nuisances involving agricultural pollution may do so orally or by | 1009 |
submitting a written, signed, and dated complaint to the chief or | 1010 |
to the chief's designee. After receiving an oral complaint, the | 1011 |
chief or the chief's designee may cause an investigation to be | 1012 |
conducted to determine whether agricultural pollution has occurred | 1013 |
or is imminent. After receiving a written, signed, and dated | 1014 |
complaint, the chief or the chief's designee shall cause such an | 1015 |
investigation to be conducted. | 1016 |
(C) In a private civil action for nuisances involving | 1017 |
agricultural pollution, it is an affirmative defense if the person | 1018 |
owning, operating, or otherwise responsible for agricultural land | 1019 |
or a concentratedan animal feeding operation is operating under | 1020 |
and in substantial compliance with an approved operation and | 1021 |
management plan developed under division (A) of this section, with | 1022 |
an operation and management plan developed by the chief under | 1023 |
section 1511.02 of the Revised Code or by the supervisors of the | 1024 |
localapplicable soil and water conservation district under | 1025 |
section 1515.08 of the Revised Code, or with an operation and | 1026 |
management plan required by an order issued by the chief under | 1027 |
division (G) of section 1511.02 of the Revised Code. Nothing in | 1028 |
this section is in derogation of the authority granted to the | 1029 |
chief in division (E) of section 1511.02 and in section 1511.07 of | 1030 |
the Revised Code. | 1031 |
(B) The director or the supervisors of a district may release | 1046 |
or disclose information specified in division (A)(1) or (2) of | 1047 |
this section to a person or a federal, state, or local agency | 1048 |
working in cooperation with the chief of the division of soil and | 1049 |
water resources or the supervisors in the development of an | 1050 |
operation and management plan or an inspection to determine | 1051 |
compliance with such a plan if the director or supervisors | 1052 |
determine that the person or federal, state, or local agency will | 1053 |
not subsequently disclose the information to another person. | 1054 |
(2) In addition to the remedies provided and irrespective of | 1059 |
whether an adequate remedy at law exists, the chief may apply to | 1060 |
the court of common pleas in the county where a violation of a | 1061 |
standard established under division (E)(1) or (8)(b) of section | 1062 |
1511.02 of the Revised Code causes pollution of the waters of the | 1063 |
state for an order to compel the violator to cease the violation | 1064 |
and to remove the agricultural pollutant or to comply with the | 1065 |
rules adopted under division (E)(8)(b) of that section, as | 1066 |
appropriate. | 1067 |
(3) In addition to the remedies provided and irrespective of | 1068 |
whether an adequate remedy at law exists, whenever the chief | 1069 |
officially determines that an emergency exists because of | 1070 |
agricultural pollution or an unauthorized release, spill, or | 1071 |
discharge of animal wastemanure, or a violation of a rule adopted | 1072 |
under division (E)(8)(b) of section 1511.02 of the Revised Code, | 1073 |
that causes pollution of the waters of the state, the chief may, | 1074 |
without notice or hearing, issue an order reciting the existence | 1075 |
of the emergency and requiring that necessary action be taken to | 1076 |
meet the emergency. The order shall be effective immediately. Any | 1077 |
person to whom the order is directed shall comply with the order | 1078 |
immediately, but on application to the chief shall be afforded a | 1079 |
hearing as soon as possible, but not later than twenty days after | 1080 |
making the application. On the basis of the hearing, the chief | 1081 |
shall continue the order in effect, revoke it, or modify it. No | 1082 |
emergency order shall remain in effect for more than sixty days | 1083 |
after its issuance. If a person to whom an order is issued does | 1084 |
not comply with the order within a reasonable period, as | 1085 |
determined by the chief, the chief or the chief's designee may | 1086 |
enter upon private or public lands and take action to mitigate, | 1087 |
minimize, remove, or abate the agricultural pollution, release, | 1088 |
spill, discharge, or conditions caused by the violation of the | 1089 |
rule. | 1090 |
Sec. 1511.071. There is hereby created in the state treasury | 1096 |
the agricultural pollution abatement fund, which shall be | 1097 |
administered by the chief of the division of soil and water | 1098 |
resources. The fund may be used to pay costs incurred by the | 1099 |
division under division (A)(3) of section 1511.07 of the Revised | 1100 |
Code in investigating, mitigating, minimizing, removing, or | 1101 |
abating any pollution of the waters of the state caused by | 1102 |
agricultural pollution or an unauthorized release, spill, or | 1103 |
discharge of animal wastemanure into or upon the environment that | 1104 |
requires emergency action to protect the public health. | 1105 |
Any person responsible for causing or allowing agricultural | 1106 |
pollution or an unauthorized release, spill, or discharge is | 1107 |
liable to the chief for any costs incurred by the division and | 1108 |
soil and water conservation districts in investigating, | 1109 |
mitigating, minimizing, removing, or abating the agricultural | 1110 |
pollution or release, spill, or discharge, regardless of whether | 1111 |
those costs were paid out of the agricultural pollution abatement | 1112 |
fund or any other fund of the division or a district. Upon the | 1113 |
request of the chief, the attorney general shall bring a civil | 1114 |
action against the responsible person to recover those costs. | 1115 |
Moneys recovered under this section shall be paid into the | 1116 |
agricultural pollution abatement fund. | 1117 |
(C) "Landowner," "owner," or "owner of land" means an owner | 1123 |
of record as shown by the records in the office of the county | 1124 |
recorder. With respect to an improvement or a proposed | 1125 |
improvement, "landowner," "owner," or "owner of land" also | 1126 |
includes any public corporation and the director of any | 1127 |
department, office, or institution of the state that is affected | 1128 |
by the improvement or that would be affected by the proposed | 1129 |
improvement, but that does not own any right, title, estate, or | 1130 |
interest in or to any real property. | 1131 |
(G) "Urban sediment pollution" means failure to use | 1145 |
management or conservation practices to abate wind or water | 1146 |
erosion of the soil or to abate the degradation of the waters of | 1147 |
the state by soil sediment in conjunction with land grading, | 1148 |
excavating, filling, or other soil disturbing activities on land | 1149 |
used or being developed for nonfarm commercial, industrial, | 1150 |
residential, or other nonfarm purposes, except lands being used in | 1151 |
a strip mine operation as defined in section 1513.01 of the | 1152 |
Revised Code and except lands being used in a surface mining | 1153 |
operation as defined in section 1514.01 of the Revised Code. | 1154 |
(K) "Benefit" or "benefits" means advantages to land and | 1169 |
owners, to public corporations, and to the state resulting from | 1170 |
drainage, conservation, control, and management of water and from | 1171 |
environmental, wildlife, and recreational improvements. "Benefit" | 1172 |
or "benefits" includes, but is not limited to, any of the | 1173 |
following factors: | 1174 |
(5) Providing an outlet for the accelerated runoff from | 1182 |
artificial drainage if a stream, watercourse, channel, or ditch | 1183 |
that is under improvement is called upon to discharge functions | 1184 |
for which it was not designed. Uplands that have been removed from | 1185 |
their natural state by deforestation, cultivation, artificial | 1186 |
drainage, urban development, or other human methods shall be | 1187 |
considered to be benefited by an improvement that is required to | 1188 |
dispose of the accelerated flow of water from the uplands. | 1189 |
Sec. 1515.02. There is hereby established in the department | 1200 |
of natural resources the Ohio soil and water conservation | 1201 |
commission. The commission shall consist of seven members of equal | 1202 |
status and authority, foursix of whom shall be appointed by the | 1203 |
governor with the advice and consent of the senate, and one of | 1204 |
whom shall be designated by resolution of the board of directors | 1205 |
of the Ohio federation of soil and water conservation districts. | 1206 |
The other two members shall be the directordirectors of | 1207 |
agriculture and, environmental protection, and natural resources, | 1208 |
the vice-president for agricultural administration of the Ohio | 1209 |
state university. The director of natural resources may | 1210 |
participate in the deliberations, and an officer of the Ohio | 1211 |
federation of soil and water conservation districts, or their | 1212 |
designees, may serve as ex officio members of the commission, but | 1213 |
without the power to vote. A vacancy in the office of an | 1214 |
appointed member shall be filled by the governor, with the advice | 1215 |
and consent of the senate. Any member appointed to fill a vacancy | 1216 |
occurring prior to the expiration of the term for which the | 1217 |
member's predecessor was appointed shall hold office for the | 1218 |
remainder of that term. Of the appointed members, two shall be | 1219 |
farmers and allfour shall be persons who have a knowledge of or | 1220 |
interest in agricultural production and the natural resources of | 1221 |
the state. One member shall represent rural interests and one | 1222 |
member shall represent urban interests. Not more than
twothree of | 1223 |
the appointed members shall be members of the same political | 1224 |
party. | 1225 |
The commission shall organize by selecting from its members a | 1236 |
chairperson and a vice-chairperson. The commission shall hold at | 1237 |
least one regular meeting in each quarter of each calendar year | 1238 |
and shall keep a record of its proceedings, which shall be open to | 1239 |
the public for inspection. Special meetings may be called by the | 1240 |
chairperson and shall be called by the chairperson upon receipt of | 1241 |
a written request signed by two or more members of the commission. | 1242 |
Written notice of the time and place of each meeting shall be sent | 1243 |
to each member of the commission. A majority of the commission | 1244 |
shall constitute a quorum. | 1245 |
The governor may remove any appointed member of the | 1249 |
commission at any time for inefficiency, neglect of duty, or | 1250 |
malfeasance in office, after giving to the member a copy of the | 1251 |
charges against the member and an opportunity to be heard publicly | 1252 |
in person or by counsel in the member's defense. Any such act of | 1253 |
removal by the governor is final. A statement of the findings of | 1254 |
the governor, the reason for the governor's action, and the | 1255 |
answer, if any, of the member shall be filed by the governor with | 1256 |
the secretary of state and shall be open to public inspection. | 1257 |
(A) Determine distribution of funds under section 1515.14 of | 1268 |
the Revised Code, recommend to the director of natural resources | 1269 |
and other agencies the levels of appropriations to special funds | 1270 |
established to assist soil and water conservation districts, and | 1271 |
recommend the amount of federal funds to be requested and policies | 1272 |
for the use of such funds in support of soil and water | 1273 |
conservation district programs; | 1274 |
(A) To conduct surveys, investigations, and research relating | 1302 |
to the character of soil erosion, floodwater and sediment damages, | 1303 |
and the preventive and control measures and works of improvement | 1304 |
for flood prevention and the conservation, development, | 1305 |
utilization, and disposal of water needed within the district, and | 1306 |
to publish the results of those surveys, investigations, or | 1307 |
research, provided that no district shall initiate any research | 1308 |
program except in cooperation or after consultation with the Ohio | 1309 |
agricultural research and development center; | 1310 |
(C) To implement, construct, repair, maintain, and operate | 1316 |
preventive and control measures and other works of improvement for | 1317 |
natural resource conservation and development and flood | 1318 |
prevention, and the conservation, development, utilization, and | 1319 |
disposal of water within the district on lands owned or controlled | 1320 |
by this state or any of its agencies and on any other lands within | 1321 |
the district, which works may include any facilities authorized | 1322 |
under state or federal programs, and to acquire, by purchase or | 1323 |
gift, to hold, encumber, or dispose of, and to lease real and | 1324 |
personal property or interests in such property for those | 1325 |
purposes; | 1326 |
(G) To sue and plead in the name of the district, and be sued | 1338 |
and impleaded in the name of the district, with respect to its | 1339 |
contracts and, as indicated in section 1515.081 of the Revised | 1340 |
Code, certain torts of its officers, employees, or agents acting | 1341 |
within the scope of their employment or official responsibilities, | 1342 |
or with respect to the enforcement of its obligations and | 1343 |
covenants made under this chapter; | 1344 |
(1) Except as provided in section 307.86 of the Revised Code | 1350 |
regarding expenditures by boards of county commissioners, when the | 1351 |
cost under any such contract, lease, or agreement, other than | 1352 |
compensation for personal services or rental of office space, | 1353 |
involves an expenditure of more than the amount established in | 1354 |
that section regarding expenditures by boards of county | 1355 |
commissioners, the supervisors shall make a written contract with | 1356 |
the lowest and best bidder after advertisement, for not less than | 1357 |
two nor more than four consecutive weeks preceding the day of the | 1358 |
opening of bids, in a newspaper of general circulation within the | 1359 |
district or as provided in section 7.16 of the Revised Code and in | 1360 |
such other publications as the supervisors determine. The notice | 1361 |
shall state the general character of the work and materials to be | 1362 |
furnished, the place where plans and specifications may be | 1363 |
examined, and the time and place of receiving bids. | 1364 |
(4) Each bid for a contract, other than a contract for the | 1370 |
construction, demolition, alteration, repair, or reconstruction of | 1371 |
an improvement, at the discretion of the supervisors, may be | 1372 |
accompanied by a bond or certified check on a solvent bank in an | 1373 |
amount not to exceed five per cent of the bid, conditioned that, | 1374 |
if the bid is accepted, a contract shall be entered into. | 1375 |
(L) To enter into agreements or contracts with the department | 1386 |
for the determination, implementation, inspection, and funding of | 1387 |
agricultural pollution abatement and urban sediment pollution | 1388 |
abatement measures whereby landowners, operators, managers, and | 1389 |
developers may meet adopted state standards for a quality | 1390 |
environment, except that failure of a district board of | 1391 |
supervisors to negotiate an agreement or contract with the | 1392 |
department shall authorize the division of soil and water | 1393 |
resources to implement the required program; | 1394 |
(P) To determine whether operation and management plans | 1404 |
developed under division (A) of section 1511.021 of the Revised | 1405 |
Code comply with the standards established under division (E)(1) | 1406 |
of section 1511.02 of the Revised Code and to approve or | 1407 |
disapprove the plans, based on such compliance. If an operation | 1408 |
and management plan is disapproved, the board shall provide a | 1409 |
written explanation to the person who submitted the plan. The | 1410 |
person may appeal the plan disapproval to the chief, who shall | 1411 |
afford the person a hearing. Following the hearing, the chief | 1412 |
shall uphold the plan disapproval or reverse it. If the chief | 1413 |
reverses the plan disapproval, the plan shall be deemed approved | 1414 |
under this division. In the event that any person operating or | 1415 |
owning agricultural land or a concentratedan animal feeding | 1416 |
operation in accordance with an approved operation and management | 1417 |
plan who, in good faith, is following that plan, causes | 1418 |
agricultural pollution, the plan shall be revised in a fashion | 1419 |
necessary to mitigate the agricultural pollution, as determined | 1420 |
and approved by the board of supervisors of the soil and water | 1421 |
conservation district. | 1422 |
(2) If the board determines that composting is not being so | 1429 |
conducted, request the chief to issue an order under division (G) | 1430 |
of section 1511.02 of the Revised Code requiring the person who is | 1431 |
conducting the composting to prepare a composting plan in | 1432 |
accordance with rules adopted under division (E)(8)(c) of that | 1433 |
section and to operate in accordance with that plan or to operate | 1434 |
in accordance with a previously prepared plan, as applicable; | 1435 |
The director of natural resources shall make recommendations | 1455 |
to reduce the adverse environmental effects of each project that a | 1456 |
soil and water conservation district plans to undertake under | 1457 |
division (A), (B), (C), or (D) of this section and that will be | 1458 |
funded in whole or in part by moneys authorized under section | 1459 |
1515.16 of the Revised Code and shall disapprove any such project | 1460 |
that the director finds will adversely affect the environment | 1461 |
without equal or greater benefit to the public. The director's | 1462 |
disapproval or recommendations, upon the request of the district | 1463 |
filed in accordance with rules adopted by the Ohio soil and water | 1464 |
conservation commission, shall be reviewed by the commission, | 1465 |
which may confirm the director's decision, modify it, or add | 1466 |
recommendations to or approve a project the director has | 1467 |
disapproved. | 1468 |
(1) "Food nutrition information" includes, but is not limited | 1474 |
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, | 1475 |
potassium, protein, vitamin, mineral, allergen, and sodium content | 1476 |
of food. "Food nutrition information" also includes the | 1477 |
designation of food as healthy or unhealthy. | 1478 |
(3) "Consumer incentive item" means any licensed media | 1481 |
character, toy, game, trading card, contest, point accumulation, | 1482 |
club membership, admission ticket, token, code or password for | 1483 |
digital access, coupon, voucher, incentive, crayons, coloring | 1484 |
placemat, or other premium, prize, or consumer product that is | 1485 |
associated with a meal served by or acquired from a food service | 1486 |
operation. | 1487 |
(B) The director of agriculture has sole and exclusive | 1488 |
authority in this state to regulate the provision of food | 1489 |
nutrition information and consumer incentive items at food service | 1490 |
operations. The director may adopt rules for that purpose in | 1491 |
accordance with Chapter 119. of the Revised Code, including rules | 1492 |
that establish a schedule of civil penalties for violations of | 1493 |
this section and rules adopted under it. Subject to the approval | 1494 |
of the joint committee on agency rule review, portions of the | 1495 |
rules may be adopted by referencing all or any part of any federal | 1496 |
regulations pertaining to the provision of food nutrition | 1497 |
information and consumer incentive items. | 1498 |
The regulation of the provision of food nutrition information | 1499 |
and consumer incentive items at food service operations and how | 1500 |
food service operations are characterized are matters of general | 1501 |
statewide interest that require statewide regulation, and rules | 1502 |
adopted under this section constitute a comprehensive plan with | 1503 |
respect to all aspects of the regulation of the provision of food | 1504 |
nutrition information and consumer incentive items at food service | 1505 |
operations in this state. Rules adopted under this section shall | 1506 |
be applied uniformly throughout this state. | 1507 |
(B) Advise, consult, and cooperate with other agencies of the | 1532 |
state, the federal government, other states, and interstate | 1533 |
agencies and with affected groups, political subdivisions, and | 1534 |
industries in furtherance of the purposes of this chapter. Before | 1535 |
adopting, amending, or rescinding a standard or rule pursuant to | 1536 |
division (G) of this section or section 6111.041 or 6111.042 of | 1537 |
the Revised Code, the director shall do all of the following: | 1538 |
(E) Encourage, participate in, or conduct studies, | 1562 |
investigations, research, and demonstrations relating to water | 1563 |
pollution, and the causes, prevention, control, and abatement | 1564 |
thereof, that are advisable and necessary for the discharge of the | 1565 |
director's duties under this chapter; | 1566 |
In the making of those orders, wherever compliance with a | 1588 |
rule adopted under section 6111.042 of the Revised Code is not | 1589 |
involved, consistent with the Federal Water Pollution Control Act, | 1590 |
the director shall give consideration to, and base the | 1591 |
determination on, evidence relating to the technical feasibility | 1592 |
and economic reasonableness of complying with those orders and to | 1593 |
evidence relating to conditions calculated to result from | 1594 |
compliance with those orders, and their relation to benefits to | 1595 |
the people of the state to be derived from such compliance in | 1596 |
accomplishing the purposes of this chapter. | 1597 |
(J)(1) Issue, revoke, modify, or deny sludge management | 1602 |
permits and permits for the discharge of sewage, industrial waste, | 1603 |
or other wastes into the waters of the state, and for the | 1604 |
installation or modification of disposal systems or any parts | 1605 |
thereof in compliance with all requirements of the Federal Water | 1606 |
Pollution Control Act and mandatory regulations adopted | 1607 |
thereunder, including regulations adopted under section 405 of the | 1608 |
Federal Water Pollution Control Act, and set terms and conditions | 1609 |
of permits, including schedules of compliance, where necessary. | 1610 |
Any person who discharges, transports, or handles storm water from | 1611 |
an animal feeding facility, as defined in section 903.01 of the | 1612 |
Revised Code, or pollutants from a concentrated animal feeding | 1613 |
operation, as both terms are defined in that section, is not | 1614 |
required to obtain a permit under division (J)(1) of this section | 1615 |
for the installation or modification of a disposal system | 1616 |
involving pollutants or storm water or any parts of such a system | 1617 |
on and after the date on which the director of agriculture has | 1618 |
finalized the program required under division (A)(1) of section | 1619 |
903.02 of the Revised Code. In addition, any person who | 1620 |
discharges, transports, or handles storm water from an animal | 1621 |
feeding facility, as defined in section 903.01 of the Revised | 1622 |
Code, or pollutants from a concentrated animal feeding operation, | 1623 |
as both terms are defined in that section, is not required to | 1624 |
obtain a permit under division (J)(1) of this section for the | 1625 |
discharge of storm water from an animal feeding facility or | 1626 |
pollutants from a concentrated animal feeding operation on and | 1627 |
after the date on which the United States environmental protection | 1628 |
agency approves the NPDES program submitted by the director of | 1629 |
agriculture under section 903.08 of the Revised Code. | 1630 |
Any permit terms and conditions set by the director shall be | 1631 |
designed to achieve and maintain full compliance with the national | 1632 |
effluent limitations, national standards of performance for new | 1633 |
sources, and national toxic and pretreatment effluent standards | 1634 |
set under that act, and any other mandatory requirements of that | 1635 |
act that are imposed by regulation of the administrator of the | 1636 |
United States environmental protection agency. If an applicant for | 1637 |
a sludge management permit also applies for a related permit for | 1638 |
the discharge of sewage, industrial waste, or other wastes into | 1639 |
the waters of the state, the director may combine the two permits | 1640 |
and issue one permit to the applicant. | 1641 |
(3) To achieve and maintain applicable standards of quality | 1675 |
for the waters of the state adopted pursuant to section 6111.041 | 1676 |
of the Revised Code, the director shall impose, where necessary | 1677 |
and appropriate, as conditions of each permit, water quality | 1678 |
related effluent limitations in accordance with sections 301, 302, | 1679 |
306, 307, and 405 of the Federal Water Pollution Control Act and, | 1680 |
to the extent consistent with that act, shall give consideration | 1681 |
to, and base the determination on, evidence relating to the | 1682 |
technical feasibility and economic reasonableness of removing the | 1683 |
polluting properties from those wastes and to evidence relating to | 1684 |
conditions calculated to result from that action and their | 1685 |
relation to benefits to the people of the state and to | 1686 |
accomplishment of the purposes of this chapter. | 1687 |
(4) Where a discharge having a thermal component from a | 1688 |
source that is constructed or modified on or after October 18, | 1689 |
1972, meets national or state effluent limitations or more | 1690 |
stringent permit conditions designed to achieve and maintain | 1691 |
compliance with applicable standards of quality for the waters of | 1692 |
the state, which limitations or conditions will ensure protection | 1693 |
and propagation of a balanced, indigenous population of shellfish, | 1694 |
fish, and wildlife in or on the body of water into which the | 1695 |
discharge is made, taking into account the interaction of the | 1696 |
thermal component with sewage, industrial waste, or other wastes, | 1697 |
the director shall not impose any more stringent limitation on the | 1698 |
thermal component of the discharge, as a condition of a permit or | 1699 |
renewal thereof for the discharge, during a ten-year period | 1700 |
beginning on the date of completion of the construction or | 1701 |
modification of the source, or during the period of depreciation | 1702 |
or amortization of the source for the purpose of section 167 or | 1703 |
169 of the Internal Revenue Code of 1954, whichever period ends | 1704 |
first. | 1705 |
(5) The director shall specify in permits for the discharge | 1706 |
of sewage, industrial waste, and other wastes, the net volume, net | 1707 |
weight, duration, frequency, and, where necessary, concentration | 1708 |
of the sewage, industrial waste, and other wastes that may be | 1709 |
discharged into the waters of the state. The director shall | 1710 |
specify in those permits and in sludge management permits that the | 1711 |
permit is conditioned upon payment of applicable fees as required | 1712 |
by section 3745.11 of the Revised Code and upon the right of the | 1713 |
director's authorized representatives to enter upon the premises | 1714 |
of the person to whom the permit has been issued for the purpose | 1715 |
of determining compliance with this chapter, rules adopted | 1716 |
thereunder, or the terms and conditions of a permit, order, or | 1717 |
other determination. The director shall issue or deny an | 1718 |
application for a sludge management permit or a permit for a new | 1719 |
discharge, for the installation or modification of a disposal | 1720 |
system, or for the renewal of a permit, within one hundred eighty | 1721 |
days of the date on which a complete application with all plans, | 1722 |
specifications, construction schedules, and other pertinent | 1723 |
information required by the director is received. | 1724 |
(6) The director may condition permits upon the installation | 1725 |
of discharge or water quality monitoring equipment or devices and | 1726 |
the filing of periodic reports on the amounts and contents of | 1727 |
discharges and the quality of receiving waters that the director | 1728 |
prescribes. The director shall condition each permit for a | 1729 |
government-owned disposal system or any other "treatment works" as | 1730 |
defined in the Federal Water Pollution Control Act upon the | 1731 |
reporting of new introductions of industrial waste or other wastes | 1732 |
and substantial changes in volume or character thereof being | 1733 |
introduced into those systems or works from "industrial users" as | 1734 |
defined in section 502 of that act, as necessary to comply with | 1735 |
section 402(b)(8) of that act; upon the identification of the | 1736 |
character and volume of pollutants subject to pretreatment | 1737 |
standards being introduced into the system or works; and upon the | 1738 |
existence of a program to ensure compliance with pretreatment | 1739 |
standards by "industrial users" of the system or works. In | 1740 |
requiring monitoring devices and reports, the director, to the | 1741 |
extent consistent with the Federal Water Pollution Control Act, | 1742 |
shall give consideration to technical feasibility and economic | 1743 |
reasonableness and shall allow reasonable time for compliance. | 1744 |
(7) A permit may be issued for a period not to exceed five | 1745 |
years and may be renewed upon application for renewal. In renewing | 1746 |
a permit, the director shall consider the compliance history of | 1747 |
the permit holder and may deny the renewal if the director | 1748 |
determines that the permit holder has not complied with the terms | 1749 |
and conditions of the existing permit. A permit may be modified, | 1750 |
suspended, or revoked for cause, including, but not limited to, | 1751 |
violation of any condition of the permit, obtaining a permit by | 1752 |
misrepresentation or failure to disclose fully all relevant facts | 1753 |
of the permitted discharge or of the sludge use, storage, | 1754 |
treatment, or disposal practice, or changes in any condition that | 1755 |
requires either a temporary or permanent reduction or elimination | 1756 |
of the permitted activity. No application shall be denied or | 1757 |
permit revoked or modified without a written order stating the | 1758 |
findings upon which the denial, revocation, or modification is | 1759 |
based. A copy of the order shall be sent to the applicant or | 1760 |
permit holder by certified mail. | 1761 |
(N) Issue, modify, and revoke orders requiring any | 1775 |
"industrial user" of any publicly owned "treatment works" as | 1776 |
defined in sections 212(2) and 502(18) of the Federal Water | 1777 |
Pollution Control Act to comply with pretreatment standards; | 1778 |
establish and maintain records; make reports; install, use, and | 1779 |
maintain monitoring equipment or methods, including, where | 1780 |
appropriate, biological monitoring methods; sample discharges in | 1781 |
accordance with methods, at locations, at intervals, and in a | 1782 |
manner that the director determines; and provide other information | 1783 |
that is necessary to ascertain whether or not there is compliance | 1784 |
with toxic and pretreatment effluent standards. In issuing, | 1785 |
modifying, and revoking those orders, the director, to the extent | 1786 |
consistent with the Federal Water Pollution Control Act, shall | 1787 |
give consideration to technical feasibility and economic | 1788 |
reasonableness and shall allow reasonable time for compliance. | 1789 |
(R) Except as otherwise provided in this division, adopt | 1834 |
rules in accordance with Chapter 119. of the Revised Code | 1835 |
establishing procedures, methods, and equipment and other | 1836 |
requirements for equipment to prevent and contain discharges of | 1837 |
oil and hazardous substances into the waters of the state. The | 1838 |
rules shall be consistent with and equivalent in scope, content, | 1839 |
and coverage to section 311(j)(1)(c) of the Federal Water | 1840 |
Pollution Control Act and regulations adopted under it. The | 1841 |
director shall not adopt rules under this division relating to | 1842 |
discharges of oil from oil production facilities and oil drilling | 1843 |
and workover facilities as those terms are defined in that act and | 1844 |
regulations adopted under it. | 1845 |
The director may specify in sludge management permits the net | 1871 |
volume, net weight, quality, and pollutant concentration of the | 1872 |
sludge or sludge materials that may be used, stored, treated, or | 1873 |
disposed of, and the manner and frequency of the use, storage, | 1874 |
treatment, or disposal, to protect public health and the | 1875 |
environment from adverse effects relating to those activities. The | 1876 |
director shall impose other terms and conditions to protect public | 1877 |
health and the environment, minimize the creation of nuisance | 1878 |
odors, and achieve compliance with this chapter and rules adopted | 1879 |
under it and, in doing so, shall consider whether the terms and | 1880 |
conditions are consistent with the goal of encouraging the | 1881 |
beneficial reuse of sludge and sludge materials. | 1882 |
The director may condition permits on the implementation of | 1883 |
treatment, storage, disposal, distribution, or application | 1884 |
management methods and the filing of periodic reports on the | 1885 |
amounts, composition, and quality of sludge and sludge materials | 1886 |
that are disposed of, used, treated, or stored. | 1887 |
(2) As a part of the program established under division | 1892 |
(S)(1) of this section, the director has exclusive authority to | 1893 |
regulate sewage sludge management in this state. For purposes of | 1894 |
division (S)(2) of this section, that program shall be consistent | 1895 |
with section 405 of the Federal Water Pollution Control Act and | 1896 |
regulations adopted under it and with this section, except that | 1897 |
the director may adopt rules under division (S) of this section | 1898 |
that establish requirements that are more stringent than section | 1899 |
405 of the Federal Water Pollution Control Act and regulations | 1900 |
adopted under it with regard to monitoring sewage sludge and | 1901 |
sewage sludge materials and establishing acceptable sewage sludge | 1902 |
management practices and pollutant levels in sewage sludge and | 1903 |
sewage sludge materials. | 1904 |
This chapter authorizes the state to participate in any | 1905 |
national sludge management program and the national pollutant | 1906 |
discharge elimination system, to administer and enforce the | 1907 |
publicly owned treatment works pretreatment program, and to issue | 1908 |
permits for the discharge of dredged or fill materials, in | 1909 |
accordance with the Federal Water Pollution Control Act. This | 1910 |
chapter shall be administered, consistent with the laws of this | 1911 |
state and federal law, in the same manner that the Federal Water | 1912 |
Pollution Control Act is required to be administered. | 1913 |
This section does not apply to animal wasteresidual farm | 1914 |
products and manure disposal systems and related management and | 1915 |
conservation practices subject to rules adopted pursuant to | 1916 |
division (E)(4)(1) of section 1511.02 of the Revised Code. For | 1917 |
purposes of this exclusion, "residual farm products" and "manure" | 1918 |
have the same meanings as in section 1511.01 of the Revised Code. | 1919 |
However, until the date on which the United States environmental | 1920 |
protection agency approves the NPDES program submitted by the | 1921 |
director of agriculture under section 903.08 of the Revised Code, | 1922 |
this exclusion does not apply to animal waste treatment works | 1923 |
having a controlled direct discharge to the waters of the state or | 1924 |
any concentrated animal feeding operation, as defined in 40 C.F.R. | 1925 |
122.23(b)(2). On and after the date on which the United States | 1926 |
environmental protection agency approves the NPDES program | 1927 |
submitted by the director of agriculture under section 903.08 of | 1928 |
the Revised Code, this section does not apply to storm water from | 1929 |
an animal feeding facility, as defined in section 903.01 of the | 1930 |
Revised Code, or to pollutants discharged from a concentrated | 1931 |
animal feeding operation, as both terms are defined in that | 1932 |
section. Neither of these exclusions applies to the discharge of | 1933 |
animal waste into a publicly owned treatment works. | 1934 |
Divisions (A)(1) and (2) of this section do not apply if the | 1943 |
person causing pollution or placing or causing to be placed wastes | 1944 |
in a location in which they cause pollution of any waters of the | 1945 |
state holds a valid, unexpired permit, or renewal of a permit, | 1946 |
governing the causing or placement as provided in sections 6111.01 | 1947 |
to 6111.08 of the Revised Code or if the person's application for | 1948 |
renewal of such a permit is pending. | 1949 |
(1) Waters used in washing sand, gravel, other aggregates, or | 1982 |
mineral products when the washing and the ultimate disposal of the | 1983 |
water used in the washing, including any sewage, industrial waste, | 1984 |
or other wastes contained in the waters, are entirely confined to | 1985 |
the land under the control of the person engaged in the recovery | 1986 |
and processing of the sand, gravel, other aggregates, or mineral | 1987 |
products and do not result in the pollution of waters of the | 1988 |
state; | 1989 |
(2) Water, gas, or other material injected into a well to | 1990 |
facilitate, or that is incidental to, the production of oil, gas, | 1991 |
artificial brine, or water derived in association with oil or gas | 1992 |
production and disposed of in a well, in compliance with a permit | 1993 |
issued under Chapter 1509. of the Revised Code, or sewage, | 1994 |
industrial waste, or other wastes injected into a well in | 1995 |
compliance with an injection well operating permit. Division | 1996 |
(F)(2) of this section does not authorize, without a permit, any | 1997 |
discharge that is prohibited by, or for which a permit is required | 1998 |
by, regulation of the United States environmental protection | 1999 |
agency. | 2000 |
(3) Application of any materials to land for agricultural | 2001 |
purposes or runoff of the materials from that application or | 2002 |
pollution by animal wasteresidual farm products, manure, or soil | 2003 |
sediment, including attached substances, resulting from farming, | 2004 |
silvicultural, or earthmoving activities regulated by Chapter 307. | 2005 |
or 1511. of the Revised Code. Division (F)(3) of this section does | 2006 |
not authorize, without a permit, any discharge that is prohibited | 2007 |
by, or for which a permit is required by, the Federal Water | 2008 |
Pollution Control Act or regulations adopted under it.
As used in | 2009 |
division (F)(3) of this section, "residual farm products" and | 2010 |
"manure" have the same meanings as in section 1511.01 of the | 2011 |
Revised Code. | 2012 |
(7) A household sewage treatment system or a small flow | 2030 |
on-site sewage treatment system, as applicable, as defined in | 2031 |
section 3718.01 of the Revised Code that is installed in | 2032 |
compliance with Chapter 3718. of the Revised Code and rules | 2033 |
adopted under it. Division (F)(7) of this section does not | 2034 |
authorize, without a permit, any discharge that is prohibited by, | 2035 |
or for which a permit is required by, regulation of the United | 2036 |
States environmental protection agency. | 2037 |
(G) The holder of a permit issued under section 402 (a) of | 2043 |
the Federal Water Pollution Control Act need not obtain a permit | 2044 |
for a discharge authorized by the permit until its expiration | 2045 |
date. Except as otherwise provided in this division, the director | 2046 |
of environmental protection shall administer and enforce those | 2047 |
permits within this state and may modify their terms and | 2048 |
conditions in accordance with division (J) of section 6111.03 of | 2049 |
the Revised Code. On and after the date on which the United States | 2050 |
environmental protection agency approves the NPDES program | 2051 |
submitted by the director of agriculture under section 903.08 of | 2052 |
the Revised Code, the director of agriculture shall administer and | 2053 |
enforce those permits within this state that are issued for any | 2054 |
discharge that is within the scope of the approved NPDES program | 2055 |
submitted by the director of agriculture. | 2056 |
Sec. 6111.44. (A) Except as otherwise provided in division | 2057 |
(B) of this section, in section 6111.14 of the Revised Code, or in | 2058 |
rules adopted under division (G) of section 6111.03 of the Revised | 2059 |
Code, no municipal corporation, county, public institution, | 2060 |
corporation, or officer or employee thereof or other person shall | 2061 |
provide or install sewerage or treatment works for sewage, sludge, | 2062 |
or sludge materials disposal or treatment or make a change in any | 2063 |
sewerage or treatment works until the plans therefor have been | 2064 |
submitted to and approved by the director of environmental | 2065 |
protection. Sections 6111.44 to 6111.46 of the Revised Code apply | 2066 |
to sewerage and treatment works of a municipal corporation or part | 2067 |
thereof, an unincorporated community, a county sewer district, or | 2068 |
other land outside of a municipal corporation or any publicly or | 2069 |
privately owned building or group of buildings or place, used for | 2070 |
the assemblage, entertainment, recreation, education, correction, | 2071 |
hospitalization, housing, or employment of persons. | 2072 |
In granting an approval, the director may stipulate | 2073 |
modifications, conditions, and rules that the public health and | 2074 |
prevention of pollution may require. Any action taken by the | 2075 |
director shall be a matter of public record and shall be entered | 2076 |
in the director's journal. Each period of thirty days that a | 2077 |
violation of this section continues, after a conviction for the | 2078 |
violation, constitutes a separate offense. | 2079 |
(4) Sewerage or treatment works for the on-lot disposal or | 2095 |
treatment of sewage from a small flow on-site sewage treatment | 2096 |
system, as defined in section 3718.01 of the Revised Code, if the | 2097 |
board of health of a city or general health district has notified | 2098 |
the director of health and the director of environmental | 2099 |
protection under section 3718.021 of the Revised Code that the | 2100 |
board has chosen to regulate the system, provided that the board | 2101 |
remains in compliance with the rules adopted under division | 2102 |
(A)(13) of section 3718.02 of the Revised Code. | 2103 |
Section 2. That existing sections 903.25, 905.31, 905.32, | 2111 |
905.34, 905.36, 905.39, 905.41, 905.45, 905.46, 905.47, 905.48, | 2112 |
905.49, 905.50, 905.501, 905.99, 907.111, 1511.01, 1511.02, | 2113 |
1511.021, 1511.07, 1511.071, 1515.01, 1515.02, 1515.08, 3717.53, | 2114 |
6111.03, 6111.04, and 6111.44 of the Revised Code are hereby | 2115 |
repealed. | 2116 |
Section 5. The Director of Natural Resources shall identify | 2143 |
any unexpended funds previously appropriated to soil and water | 2144 |
conservation districts that are related to the Conservation | 2145 |
Reserve Enhancement Program. The Director shall determine the | 2146 |
amount of such funds necessary for programs, practices, and other | 2147 |
activities, other than permitting, related to nutrient reduction | 2148 |
in Lake Erie, including nutrients associated with open lake | 2149 |
disposal of dredge material. The amounts so identified by the | 2150 |
Director shall be retained by the districts for the purposes | 2151 |
stated above. Upon the effective date of this section, soil and | 2152 |
water conservation districts shall remit to the Director any | 2153 |
amounts of the unexpended funds that are not retained by the | 2154 |
districts under this section. Upon receipt, the Director shall | 2155 |
deposit these funds into the Healthy Lake Erie Fund, which is | 2156 |
hereby created in the state treasury. These funds shall be used by | 2157 |
the Director for the purposes of that fund related to open lake | 2158 |
disposal of dredge material in Lake Erie. | 2159 |