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Ohio Laws and Rules
(A) Purpose.
Rules 1501:15-5-01 to 1501:15-5-18 of the Administrative Code apply to the control of pollutants from areas within the state used for agricultural production or silvicultural operations, including land being used for the production or keeping of animals or for the production of agricultural crops or private, industrial, commercial, and public woodlands.
Rules 1501:15-5-01 to 1501:15-5-18 of the Administrative Code establish state standards for a level of management and conservation practices in farming, silvicultural operations and concentrated animal feeding operations on farms in order to abate excessive soil erosion or the pollution of waters of the state by soil sediment including pollutants attached to the sediment and animal waste. These rules further define Ohio’s pollution abatement grant program for landowners or operators to voluntarily install conservation practices.
The criteria in these rules are intended for use in determining the acceptability of the level of management and conservation practices and for use by landowners and operators in planning, applying and maintaining appropriate management measures and conservation practices and to prevent the storage, handling, treatment, disposal, or land application of animal waste such that it is polluting or has a potential to pollute waters of the state contrary to these standards established by these rules. Technical determinations by a district or the chief shall be considered prima facie evidence of agricultural pollution.
(B) Definitions. As used in rules 1501:15-5-01 to 1501:15-5-18 of the Administrative Code:
(1) “Agricultural pollution” means failure to use management or conservation practices in farming or silvicultural operations to abate wind or water erosion of the soil or to abate the degradation of waters of the state by animal waste or soil sediment including substances attached thereto.
(2) “Agricultural production” means the commercial apiculture, animal husbandry or poultry husbandry, the commercial production of field crops, tobacco, fruits, vegetables, timber, nursery stock, sod or flowers or any combination of such husbandry or production and includes the processing, drying, storage, and marketing of food and fiber products and animals used for recreation, fur or wildlife purposes.
(3) “Animal” means a non-human animate creature kept or raised for utility, profit, or pleasure.
(4) “Animal feedlot” means a paved animal feeding or holding area or other lot, pen, yard, or other feeding or holding area where grass or other suitable vegetative cover is not maintained.
(5) “Animal waste” means animal excreta, discarded products, bedding, wash waters, waste feed, and silage drainage. “Animal waste” also includes the compost products resulting from the composting of dead animals in operations subject to section 1511.022 of the Revised Code when either of the following applies:
(a) The composting is conducted by the person who raises the animals and the compost is used in agricultural operations owned or operated by that person, regardless of whether the person owns the animals;
(b) The composting is conducted by the person who owns the animals, but does not raise them and the compost product is used in agricultural operations either by a person who raises the animals or by a person who raises the grain that is used to feed them and that is supplied by the owner of the animals.
Any compost product that is distributed for sale or used in conditions other than specified in paragraph (B)(5)(a) or (B)(5)(b) of this rule is subject to the standards of quality for compost products established in rules adopted under division (A) of section 3734.028 of the Revised Code.
(6) “Animal waste management facility” means any area or facilities used for the collection, storage, handling or treatment of animal waste.
(7) “Aquifer” means any underground water-bearing bed or stratum of earth, gravel, sand, or porous rock having boundaries that may be ascertained or reasonably inferred, in which water stands, flows, or percolates.
(8) “Best management practice” or “BMP” means a practice or combination of practices that is determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing agricultural pollution sources to a level compatible with water quality goals. BMPs may include structural and nonstructural practices, conservation practices and operation and maintenance procedures.
(9) “BMPs For Erosion Control On Logging Jobs” means the current edition of “BMPs For Erosion Control On Logging Jobs” prepared by the division of forestry, Ohio department of natural resources, which is available to all Ohio County Soil and Water Conservation Districts.
(10) “Chief” means chief of the division of soil and water conservation, department of natural resources.
(11) “Composting” means the controlled decomposition of organic solid material consisting of dead animals that stabilizes the organic fraction of the material.
(12) “Conservation” means the wise use and management of natural resources.
(13) “Concentrated animal feeding operation” means an animal feedlot and animal waste management facilities and land application areas for managing and disposal of animal waste.
(14) “Cost-share monies” means state of Ohio public funds used for the purpose of sharing the cost of establishing needed pollution abatement practices.
(15) “District” means a soil and water conservation district, organized under Chapter 1515. of the Revised Code.
(16) “Ditch” means an excavation, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
(17) “Diversion” means a channel constructed across the slope for the purpose of intercepting surface runoff.
(18) “Division” means the division of soil and water conservation, department of natural resources.
(19) “Drainageway” means an area of concentrated water flow other than river, stream, ditch, or grassed waterway.
(20) “Erosion” means:
(a) The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.
(b) Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
(c) Erosion includes:
(i) “Accelerated erosion” : erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
(ii) “Gully erosion” : the erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.
(iii) “Natural erosion (geologic erosion)” : wearing away of the earth’s surface by water, ice, or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.
(iv) “Rill erosion” : an erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils. the small channels formed by rill erosion would be obliterated by normal smoothing or tillage operations.
(v) “Sheet erosion” : the removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
(21) “Field Office Technical Guide” means the localized document used by the soil and water conservation district and developed (current edition) by the natural resources conservation service, United States department of agriculture, which is available to all Ohio County Soil and Water Conservation Districts, and which provides:
(a) Soil descriptions;
(b) Sound land use alternatives;
(c) Adequate conservation treatment alternatives;
(d) Standards and specifications of conservation practices;
(e) Conservation cost-return information;
(f) Practice maintenance requirements;
(g) Erosion prediction procedures.
(22) “Grassed waterway” means a broad and shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
(23) “Ground water” means any water below the surface of the earth in a zone of saturation.
(24) “Ohio soil and water conservation commission” means the seven member board that directs and recommends conservation policies and programs as authorized under section 1515.02 of the Revised Code.
(25) “Ohio Livestock Manure And Wastewater Management Guide” means the current edition of the “Ohio Livestock Manure And Wastewater Management Guide,” bulletin 604, the Ohio state university extension, which is available to all Ohio County Soil and Water Conservation Districts.
(26) “Operation and management plan” means a written record, developed or approved by the district board of supervisors or the chief, for the owner or operator of agricultural land or concentrated animal feeding operations that contains implementation schedules and operational procedures for a level of management and best management practices which will abate the degradation of the waters of the state by animal waste and by soil sediment including attached pollutants.
(27) “Permeability” means the quality of a soil horizon that enables water or air to move through it. Terms used to describe it are as follows: very slow, slow, moderately slow, moderate, moderately rapid, rapid, and very rapid, measured in inches per hour or inches per day.
(28) “Person” means any individual, corporation, partnership, joint venture, agency, unincorporated association, or any combination thereof.
(29) “Pollution” means failure to use management or conservation practices in farming or silvicultural operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by animal waste or soil sediment including pollutants attached thereto.
(30) “Prima facie evidence” means law evidence adequate to establish a fact or raise a presumption of fact unless refuted.
(31) “Primary contact recreation resource water” means waters that, during the recreation season of May first to October fifteenth, are suitable for full-body contact recreation such as, but not limited to, swimming, canoeing and scuba diving with minimal threat to public health as a result of water quality.
(32) “RUSLE” means the “Revised Universal Soil Loss Equation” which is a method used to estimate soil loss by sheet and rill erosion and wind erosion. This will be estimated using the current soil loss prediction technologies found in the “Field Office Technical Guide.”
(33) “Saturated soil” means soil in which all voids between soil particles are filled with liquid.
(34) “Sediment” means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice, and has come to rest on the earth’s surface.
(35) “Silviculture” means the theory and practice of planning, planting, thinning, pruning, growing, and harvesting of trees.
(36) “Sloughing” means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(37) “Soil” means unconsolidated, erodible earth material consisting of minerals and/or organics.
(38) “Soil horizon” means a layer of soil, approximately parallel to the soil surface, with characteristics produced by soil-forming processes.
(39) “Soil loss” means soil moved from a given site by the forces of erosion and redeposited at another site, on land or in a body of water.
(40) “Stream” means a body of water running or flowing on the earth’s surface or channel in which such flow occurs. Flow may be seasonally intermittent.
(41) “Substantial”, when referring to compliance with the provisions of an approved operation and management plan, means following the approved schedule of conservation practice implementation.
(42) “T” means the soil loss tolerance expressed in tons per acre per year. This represents the tons of soil (related to the specific soil series) which can be lost through erosion annually without causing significant degradation of the soil or potential for crop production.
(43) “Useful life” means the expected service life of a best management practice as defined by the “Field Office Technical Guide” or by the chief.
(44) “Waters of the state” means all streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02 (E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 6/1/00
In order to abate the pollution by animal waste caused by overflow or discharge from animal waste collection, storage or treatment facilities, the owner, operator or person responsible for any existing or planned concentrated animal feeding operation shall:
(A) Design, construct, operate and maintain such facilities so that overflow or discharge into waters of the state is prevented, taking into consideration:
(1) The number and kind of animals;
(2) The average seasonal weather patterns;
(3) Type of system and the required management;
(4) Method and seasonal time of disposal or land spreading;
(5) Soil types;
(6) Cropping system (including tillage methods); and
(B) Follow standards specified in the “Field Office Technical Guide”, which is available to all Ohio County Soil and Water Conservation Districts, for a specific facility, including a reasonable safety factor to accommodate unexpected conditions. However, overflow or discharge occurring due to some infrequent storm event or other condition beyond the control of such person shall not indicate non-compliance with this provision if the planned or prescribed management system is followed.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02 (E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to abate the pollution by animal waste caused by seepage from animal waste management facilities, the owner, operator or person responsible for an existing or planned concentrated animal feeding operation shall design, construct, operate and maintain such facilities, taking into consideration the soils, geology and ground water. Geologic investigations shall be made prior to design and construction of all holding ponds and lagoons to identify the potential for pollution of waters of the state. If a potential problem exists on a prospective new or expansion site, an alternative suitable site shall be selected or appropriate facilities shall be constructed to prevent pollution of waters of the state. If pollution of waters of the state occurs from an existing facility, corrective measures shall be taken.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92
Each owner, operator or person responsible for a concentrated animal feeding operation shall prevent pollution from discharge of rainwater runoff from animal feedlots and animal waste management facilities by:
(A) Constructing, operating and maintaining settling, grass filtration or soil infiltration systems in accordance with the criteria in the “Field Office Technical Guide” and as applicable, the “Ohio Livestock Manure And Wastewater Management Guide”, which are available to all Ohio County Soil and Water Conservation Districts; or
(B) Diverting land surface water and roof water away from the feedlot and animal waste management facilities; or
(C) Constructing roof coverings over feedlots, waste storage areas and composting facilities; or
(D) Using appropriate storage with land application in a manner to prevent rainwater runoff from the facilities from entering the waters of the state; or
(E) Maintaining vegetative cover and protecting stream channels and areas adjacent to such channels from concentrated animal feeding operations; or
(F) Using any appropriate combination of paragraphs (A), (B), (C), (D), and (E) of this rule.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02 (E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to abate pollution by land application of animal waste, any owner, operator or person responsible for a concentrated animal feeding operation shall follow the standards of the “Field Office Technical Guide”, and as applicable, the “Ohio Livestock Manure And Wastewater Management Guide”, which are available to all Ohio County Soil and Water Conservation Districts, for applying animal waste to achieve maximum utilization of the nutrients in manure for crop production and to minimize the potential for pollution by taking into consideration including but not limited to: characteristics of the animal waste, available land, topography, cropping system, method of application, time of the year/condition of the soil and nutrient status of the soil.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to prevent pollution by waste waters including, but not limited to, milking facility waste waters, waters from continuous flow poultry watering facilities, and silage drainage, the owner, operator or person responsible for a concentrated animal feeding operation:
(A) Shall not discharge such waste waters into waters of the state including but not limited to roadside ditches and subsurface drainage systems; and
(B)
(1) Shall use the methods and management practices for handling waste waters as set out in the standards of the “Field Office Technical Guide”, and as applicable the “Ohio Livestock Manure And Wastewater Management Guide”, which are available to all Ohio County Soil and Water Conservation Districts; or
(2) Shall use other appropriate methods and management practices for handling waste waters as approved by the chief.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02 (E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to prevent pollution by flooding of concentrated animal feeding operations, such operations shall not be constructed or managed such that animal waste within the facilities will be inundated by a flood resulting from a storm of less than twenty-five-year frequency, twenty-four-hour duration. If the flood frequency level is not readily known, it will be based on the best information available to the local district or the district may find it necessary to have the frequency level determined.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92
In order to abate water erosion of the soil or control pollution of waters of the state by soil sediment from sheet and rill erosion in agricultural production or silvicultural operations, the owner, operator or person responsible for agricultural pollution shall apply and maintain conservation practices such that the predicted soil loss from sheet and rill erosion under current and planned cropping and management conditions, as predicted in the “Field Office Technical Guide,” which is available to all Ohio County Soil and Water Conservation Districts, when combined with the predicted soil loss from wind erosion (if applicable) as determined under rule 1501:15-5-10 of the Administrative Code, is equal to or less than permissible soil loss values (soil loss tolerance “T” factors) related to the specific soil series as specified in the “Field Office Technical Guide”. Practices installed to control sheet and rill erosion shall be in accordance with an approved operation and management plan.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to abate water erosion of the soil or control pollution by sediment from gullies, drainageways, grassed waterways, ditches in agricultural production or silvicultural operations, the owner, operator or person responsible for agricultural pollution shall use proper design and construction of water flow channels and shall maintain appropriate practices and use special erosion control measures as needed, such that the velocity of flow does not exceed the permissible velocities listed in the “Field Office Technical Guide”, which is available to all Ohio County Soil and Water Conservation Districts.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to abate wind erosion of the soil or control pollution by sediment from wind erosion and deposition of soil in streams, lakes, ditches, fence rows and on other property, the owner, operator or person responsible for any agricultural production or silvicultural operation shall apply and maintain conservation practices such that the predicted soil loss from wind erosion, under a given set of cropping and management conditions, as predicted by the “Field Office Technical Guide,” which is available to all Ohio County Soil and Water Conservation Districts, is equal to or less than “T”.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94
In order to abate wind or water erosion of the soil to control pollution by sediment from the placing of soil directly into or in such a position that it may readily erode or slough into waters of the state, the owner, operator or person responsible for any agricultural production or silvicultural operation shall not use earth disturbing practices, including tillage, immediately adjacent to waters of the state such that the disturbed soil is placed or may readily erode or slough into waters of the state or onto another person’s property, except for those practices constructed or implemented in accordance with generally accepted agricultural, silvicultural and engineering practices.
Replaces: 1501:15-3-06
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92
In order to abate wind or water erosion of the soil and to control pollution of waters of the state, the owner, operator or person responsible for silvicultural operations shall apply conservation practices and follow an operation and management plan in accordance with the “Field Office Technical Guide” and “BMPs For Erosion Control On Logging Jobs”, which are available to all Ohio County Soil and Water Conservation Districts, and may file such plans with the soil and water conservation district in the county where such operations are performed.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 5/7/92, 11/15/94
Cost share monies from the state may be available to assist landowners in installing needed best management practices which abate animal waste pollution, soil erosion or degradation of the waters of the state by soil sediment including pollutants attached thereto. Best management practices specified as eligible for cost sharing must require expenditures that are likely to exceed the economic returns to the owner or operator.
(A) The state, through the division, may offer to share the cost of establishing eligible best management practices up to fifteen thousand dollars per person per year. If other public funds are involved in cost sharing to establish an eligible best management practice or practices, state funds can be used only to the extent that the combined public funds amount to no more than seventy-five per cent of the cost of establishing the best management practice or practices, or not more than fifteen thousand dollars per person per year, whichever is smaller. The maximum of fifteen thousand dollars of public funds per person per year limit may be waived by majority vote of the Ohio soil and water conservation commission.
(1) Eligible practices include but are not limited to:
(a) Animal waste storage structures;
(b) Settling basins and filter strips;
(c) Critical area seeding and fencing;
(d) Off stream watering and stream crossing stabilization;
(e) Roofing and gutters;
(f) Water diversions;
(g) Grass waterways;
(h) Water and sediment control basins;
(i) Erosion control structures;
(j) Wetland treatment facilities;
(k) Composting facilities; and
(l) Other practices as approved by the Ohio soil and water conservation commission.
(2) Restrictions on use of cost share funds include:
(a) Eligible practices which, through natural causes, have lost their effectiveness, shall qualify for further financial assistance. However, cost share monies will not be awarded to reestablish previously installed practices which have deteriorated due to operator negligence or mismanagement.
(b) Surface mined lands and oil and gas well drilling areas must have been reclaimed and be in active agricultural production or silvicultural uses as determined by the district in order to be eligible for cost sharing on needed conservation practices.
(c) Cost share funds may only be used for those practices necessary to control agricultural pollution as determined by the district with the approval of the chief. Eligibility consists of those pollution control practices needed to directly control animal waste discharges and/or soil erosion exceeding “T” in order to meet standards in rules 1501:15-5-02 to 1501:15-5-12 and 1501:15-5-18 of the Administrative Code.
(d) Cost share funds will be available only to owners and operators with a current operation and management plan.
(3) The chief, subject to approval of the Ohio soil and water conservation commission, shall determine best management practices eligible for cost sharing, percentage rates of cost sharing for each best management practice and the maximum amount of cost sharing for each best management practice up to a maximum of fifteen thousand dollars. Information about eligible practices will be maintained by the division and included in updates of its administrative procedures handbook available in district offices.
(B) All practices must meet the standards and specifications listed in the “Field Office Technical Guide”, which is available to all Ohio County Soil and Water Conservation Districts, where applicable. If the “Field Office Technical Guide” does not apply, practices must meet standards and specifications approved by the chief.
(C) A person may use a more elaborate or expensive practice if the district certifies that the practice will meet agricultural pollution abatement standards; however, cost-share grants shall be based upon the estimated cost of the least expensive acceptable practice.
(D) Operating procedures.
(1) Practice installation.
(a) Design, construction and operation and management plans for a best management practice shall be prepared by the technical representative of the district or design, construction and operation and management plans prepared by other agencies, private individuals, or firms shall be approved by the technical representative of the district prior to implementation.
(b) The degree of supervision of implementation of best management practice needed for certification of the completed practice shall be determined and provided at the district level.
(2) Cost-share payment. Upon notification of the completion of a cost-share practice by the owner or operator, the technical representative of the district shall inspect the practice and, if it is found adequate, shall certify the practice to the district board as meeting the standards and specifications in the “Field Office Technical Guide,” or approved by the chief for those practices for which the United States natural resources conservation service has no standards and specifications. If such practice is found deficient in one or more areas, the district representative shall inform the owner, operator or person responsible for such deficiencies and allow a reasonable time for correction as predicted by funding deadlines.
(3) Maintenance of cost-shared best management practices.
(a) Best management practices installed with cost-share monies are to be maintained in good operating condition to assure continued effective control of agricultural pollution. Applicants for cost sharing must agree to care for and maintain such practices for their useful life as determined by the district. Failure to care for and maintain the practices shall obligate the owner or operator to full repayment to the division.
(b) If the land on which best management practices have been established with cost-share monies is sold, the new owner shall be responsible for maintaining the practices in good operating condition for their remaining useful life. The district shall inform the new owner of the responsibility to maintain and operate cost-shared practices.
(c) If the land on which best management practices were established with cost-share monies is sold for or converted to other uses than an agricultural production or silvicultural operation, the state may recover the cost-share monies paid for such practices from the cost-share recipient on a prorated basis, considering the useful life of the practice.
(d) The district shall monitor the maintenance of best management practices established with cost-share monies in cooperation with the division. The district shall immediately report to the division any failure to maintain such practices, or conversion of such land to other uses than an agricultural production or silvicultural operation, thereby subjecting a person to recovery of cost-share monies in accordance with paragraphs (D)(3)(a), (D)(3)(b) and (D)(3)(c) of this rule.
(e) Upon receipt of a report from a district pursuant to paragraph (D)(3)(d) of this rule, the chief, after any further investigation deemed necessary and determination that such recovery is legitimate, shall proceed to recover the cost-share monies. Any person required to maintain such practices established with cost-share monies pursuant to paragraphs (D)(3)(a), (D)(3)(b) and (D)(3)(c) of this rule shall be afforded a period of thirty days to reply regarding their intentions. Pursuant to Section 131.02 of the Revised Code, or other appropriate means, the chief shall proceed with recovery of the cost-share monies upon failure to reply within thirty days, upon a negative reply, or upon the failure to act in accordance with the stated intentions acceptable to the chief.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 6/1/00
The chief will:
(A) Inform districts, their assisting agencies and other appropriate agencies of the state standards, criteria, and division policies for agricultural pollution abatement and cost-share programs for assisting owners and operators to install best management practices.
(B) Enter into cooperative agreements with the boards of supervisors of districts to implement the agricultural pollution abatement program. Such agreements shall spell out the responsibilities of both parties with respect to program implementation, administration and accounting, evaluation, recording accomplishments, quality control, and maintenance in obtaining compliance with rules and orders of the chief pertaining to agricultural pollution abatement. The terms of such agreements shall be subject to approval by the Ohio soil and water conservation commission.
(C) Utilize the staff assistance of the districts and their assisting agencies to implement the state and other cost-share programs for installing eligible best management practices.
(D) Provide administrative guidance to districts in planning, budgeting, staffing, implementing, and administering the agricultural pollution abatement program and the training of district supervisors and personnel in their duties, responsibilities and authorities.
(E) Coordinate the development and implementation of cooperative programs and working agreements between districts and other agencies of local, state, and federal government regarding the agricultural pollution abatement program.
(F) Implement the agricultural pollution abatement program in a district in which the board of supervisors fails to negotiate an agreement with the Ohio department of natural resources to carry out the program.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 6/1/00
(A) Operation and management plans. The district shall approve or disapprove operation and management plans at their regularly scheduled board meetings and shall maintain a record of their actions as part of their meeting minutes. Approved plans shall be signed by the chairman. Plans which are not acted upon within sixty days of their submission to the board may be submitted by the owner or operator to the chief for approval. District boards of supervisors may establish such guidelines as may be needed for plan format and submission; however, all plans shall meet the standards for agricultural pollution abatement contained in rules 1501:15-5-02 to 1501:15-5-12 and 1501:15-5-18 of the Administrative Code. Any portion of an operation and management plan specifying control of agricultural pollution shall allow the owner or operator to phase in installation of conservation practices until compliance with rules 1501:15-5-02 to 1501:15-5-16 and 1501:15-5-18 of the Ohio Administrative Code is accomplished.
(1) If the district determines that any person owning or responsible for an agricultural production or silvicultural operation is managing such operation in accordance with an operation and management plan currently approved by the district, the person shall be considered in compliance with the state rules for agricultural pollution abatement. In a private civil action for nuisances involving agricultural pollution, it is an affirmative defense if the person owning, operating, or otherwise responsible for agricultural production or silvicultural operations is operating under and in substantial compliance with an approved operation and management plan.
(2) In the event that the district finds that an operation and management plan does not meet agricultural pollution abatement standards as contained in these rules, the district shall provide a written explanation, by certified mail listing all the deficiencies to be corrected, to the person who submitted the plan. Any person may appeal the district’s decision to the chief of the division of soil and water conservation. Upon such appeal, the chief shall review the plan for compliance with these standards, and uphold the district’s action or reverse it. If the chief reverses the district’s action, the plan shall be deemed approved. In either case, the chief shall make such determination within thirty days of receiving the appeal and shall inform the owner or operator and the district of his decision in writing. Such notification shall include the reasons for his decision.
(3) In the event that any person operating or owning an agricultural production or silvicultural operation in accordance with an approved operation and management plan who, in good faith, is following that plan, causes agricultural pollution, the plan shall be revised in a manner necessary to mitigate the agricultural pollution, as determined and approved by the district board.
(B) Pollution complaints. Any person allegedly being damaged or otherwise affected by agricultural pollution must file a written complaint with the chief of the division of soil and water conservation. By written agreement with the chief, the district may receive complaints and investigate them. In so doing, the district shall provide the chief a copy of the complaint within five working days of its receipt. The district also shall inform the division of the disposition of the complaint and provide relevant information concerning the agricultural production or silvicultural operation. Such complaints shall be signed and dated by the complainant and shall:
(1) Indicate the location and description of property and/or waters of the state allegedly being damaged;
(2) Indicate the nature and extent of damage;
(3) Identify the alleged sources of pollution;
(4) Describe any efforts made to obtain voluntary cooperation to eliminate the problem.
(C) Action initiated by the division. When the division finds an apparent problem of agricultural pollution through its own observation, through notification by another agency, or through a written complaint from a person, the division shall inform the appropriate district in writing of:
(1) The location and nature of the problem;
(2) The location and description of the agricultural production or silvicultural operation alleged to be causing the pollution problem;
(3) The nature and extent of damage;
(4) Assistance available from the division.
(D) Action by a district.
(1) When a district, which has entered into an agreement with the chief for the purpose of implementing the agricultural pollution abatement program, finds through a written, signed, dated complaint that an agricultural production or silvicultural operation is apparently not in compliance with state rules for agricultural pollution abatement, a representative of the district will contact the owner or operator of the operation and explain the district role in the agricultural pollution abatement program. The district shall investigate the pollution complaint within five business days of its receipt. In the event the district is unable to do this, the district will contact the chief or his designee for assistance. The chief shall investigate the complaint within five business days of notification by the district.
(2) In order to determine if there is a violation of the rules for agricultural pollution, such investigation shall include but need not be limited to the following:
(a) Identification of property boundaries, streams, water courses, wetlands, ponds, lakes, water wells, the general topography, and the general storm water runoff pattern if applicable, including roof water;
(b) For animal waste pollution: identification of the number and kind of animals in the feeding operation, the size and slope of the feedlot, the method of handling animal waste, and the overall waste management scheme including disposal system; for sediment pollution: estimation of average annual rates of soil erosion based on soil type, present land use, and cropping and management practices;
(c) Determination of soil types and need for additional geologic study if applicable to determine potential ground water pollution;
(d) Observations and documentation of the nature and extent of existing or potential pollution damage; documentation may include photographs, video tapes, physical measurements, onsite chemical analysis and water, sediment or manure samples for lab analysis consistent with appropriate sampling procedures and nutrient status of the soil;
(e) Determination of suitability and availability of land for application of animal wastes, crops grown on the land, tillage practices used, and average crop yields;
(f) Identification of owner or operator interests, and evaluation of their capability and management potential;
(g) Contacts with the operator, complainant, cooperating agencies contacted, dates and times of investigations shall be recorded and placed in a cooperator file or other appropriate district file. A copy of the complaint and other relevant information shall be placed in the same file.
(3) Investigation indicating no pollution problem. If the investigative report indicates that the operation is in compliance with the rules for agricultural pollution abatement, the district representative may offer to assist the owner or operator in preparing an operation and management plan for the operation as it exists and have the district board approve it to provide assurance that the operation is considered in compliance with the applicable rules.
(4) Owner or operator interested in voluntary, cooperative solution. If the investigative report indicates that a violation of the rules for agricultural pollution abatement exists and the landowner or operator is interested and willing to seek a corrective solution, the district representative shall:
(a) Offer information and technical assistance for developing and evaluating alternative solutions.
(b) Provide information on financial assistance available.
(c) Offer to develop an operation and management plan which complies with the rules for agricultural pollution abatement.
(d) Secure district approval of the operation and management plan to provide assurance that the operation is considered in compliance with the rules for agricultural pollution abatement.
(5) Owner or operator failure to cooperate in a voluntary solution. If the investigative report indicates that a violation of the rules for agricultural pollution exists, but the landowner or operator is unwilling to cooperate in correcting the problem:
(a) The district representative shall inform the district board of supervisors of the facts established by the investigative report, the succeeding action followed to seek compliance with the rules, and the action or inaction taken by the owner or operator.
(b) The district board of supervisors shall evaluate the information presented by their representatives and invite the owner or operator, by certified mail, to meet with the board to review the district investigative report at the board’s next regularly scheduled monthly meeting. A representative of the division will be requested to attend the meeting.
(c) If, after the meeting or if the owner or operator fails to come to the meeting and the district board decides that a violation does exist and corrective action is needed, the board will inform the person in violation by certified mail that he has a period of time (determined and specified by the district) to proceed voluntarily to correct the violation. If the owner or operator has failed to implement the corrective actions in the time specified, the board will file a copy of their findings with the division and a copy to the alleged violator and to the complainant if appropriate, and request the chief to issue an order. These findings shall include:
(i) The investigative report by the district representative.
(ii) Any pertinent testimony by the person in violation.
(iii) A copy of the district’s decision as recorded.
(iv) Alternative methods for correcting the violation.
(v) Cost-sharing eligibility and practices needed.
(vi) A proper time and sequence for application of corrective measures.
(vii) A time period (specified by the district) for completion of all corrective and control measures.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 6/1/00
(A) Issuing orders. When the chief of the division of soil and water conservation receives findings of violation from a district in accordance with paragraph (D)(5)(c) of rule 1501:15-5-15 of the Administrative Code, he shall decide if an order shall be issued after reviewing the findings of the district and after any additional investigation which he deems necessary. The chief, or any person designated by the chief, may, upon obtaining agreement with the owner, operator, or person responsible for any land, public or private, enter thereon to make inspections to determine whether or not there is compliance with these rules. If agreement is not obtained, and there is reason to believe a violation exists, the chief or his designee may apply for and a judge of the court of common pleas for the county where the land is located may issue an appropriate inspection warrant as necessary to achieve the purposes of this chapter.
(1) When the chief decides that an order shall be issued, he shall issue an order and afford each person allegedly liable an adjudication hearing pursuant to Chapter 119. of the Revised Code. The chief shall sustain the order if deemed appropriate after each person allegedly liable has had a hearing or has waived his right to a hearing. Each order shall be issued in writing and contain a finding by the chief of the facts upon which the order is based and the rule that is being violated. The order shall also specify the time period for correcting the problem, indicate what technical and financial assistance is available, and indicate what action will follow if the violation is not corrected.
(2) Penalties. Any person who fails to comply with an order of the chief is guilty of a misdemeanor of the first degree. Each day of violation is a separate offense. In addition, the sentencing court may assess damages in an amount equal to the costs of reclaiming, restoring, or otherwise repairing any damage to public or private property caused by a violation of the chief’s order.
(3) Appeals. Any person claiming to be deprived of a right or protection afforded him by law by an order of the chief, except an order which adopts a rule, may appeal to the court of common pleas of franklin county. The attorney general of the state of Ohio, upon the written request of the chief, shall bring appropriate legal action in Franklin county against any person who fails to comply with an order of the chief issued pursuant to paragraph (A)(1) of this rule.
(B) Danger to public health.
(1) In addition to the above action, the chief may apply to the court of common pleas in the county where a violation of a standard occurs which is a danger to public health for an order to cease the violation and to remove the agricultural pollutant. The chief may consult with the county or state health department, soil and water conservation district and engineer’s office, the Ohio environmental protection agency or other appropriate agency. A danger to public health may include, but not necessarily be limited to the following situations:
(a) When agricultural pollution threatens public or private drinking water supplies;
(b) When agricultural pollution threatens a primary contact recreation resource water;
(c) When the agricultural pollution directly causes flooding of residential housing, commercial or industrial property, such that direct use of the property would be hazardous to public health.
(d) Other situations as determined by the chief upon consultation with state and/or local environmental protection or health agencies.
(2) When there is a danger to public health because of animal waste spill or discharge, the chief may, without notice or hearing, issue an emergency order to correct the problem. The order shall be effective immediately.
(a) Prior to issuing an emergency order, the chief shall:
(i) Determine the extent of danger to public health which may include consultation with local health departments;
(ii) Determine that paragraphs (A) and (B) of this rule will not adequately protect public health and natural resources;
(iii) Encourage the owner or operator causing the pollution to correct the problem voluntarily.
(b) Following receipt of the emergency order, the owner or operator shall comply with the order by stopping the pollution and removing the pollutants endangering public health.
(c) The owner or operator may apply to the chief for a hearing. Such hearing shall be conducted as soon as possible, but not later than twenty days following application. The application shall be in writing and include the following information:
(i) The probable cause of the suspected public health threat;
(ii) The date when the suspected pollution started;
(iii) Business or home address and phone number where the owner, operator or representative can be reached during business hours to schedule a hearing;
(iv) Be signed by the owner or operator of the agricultural operation or business and dated.
(d) On the basis of the hearing, the chief or designee shall continue, revoke or modify the order. If no hearing is requested and/or the order is not complied with as determined by the chief, the chief or his designee may enter upon private or public lands and take action to mitigate, minimize, remove, or abate the release, spill or discharge.
(e) Any owner, operator or person responsible for causing or allowing an unauthorized release, spill or discharge of animal waste is liable to the chief for any costs incurred by the division in investigating, mitigating, minimizing, removing or abating the pollution problem. Reimbursed costs shall be deposited into the agricultural pollution abatement fund and used as specified in rule 1501:15-5-16 of the Administrative Code. The chief shall keep accurate records of all costs to abate the animal waste pollution including personal, equipment, and waste disposal.
(f) No emergency order shall remain in effect for more than sixty days after its issuance.
(C) Agricultural pollution abatement fund. Funds deposited in the agricultural pollution abatement fund authorized under section 1511.071 of the Revised Code shall be used for paying the costs for emergency agricultural pollution abatement actions. In addition to paying the costs incurred by the division under division (A)(3) of section 1511.07 of the Revised Code, the chief may make disbursements from the fund for any costs incurred by the division in investigating, mitigating, minimizing, removing or abating the release, spill or discharge. Money collected by the division of soil and water conservation for agricultural pollution investigations, hearings, damage, repair, cleanup, mitigation and inspection are to be deposited into the agricultural pollution abatement fund. Payments by persons so ordered by the chief or court are to be made within thirty days of the order to the division of soil and water conservation. If no attempt is made to repay the division for costs incurred or damages assessed within thirty days, the chief may request the attorney general to bring a civil suit against the person responsible to recover costs of the division and any assessed damages.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92
Pursuant to the authority in division (E)(8) of section 1511.02 and section 1511.05 of the Revised Code, the chief may enter into agreements with soil and water districts to make grants to owners and operators of agricultural land or concentrated animal feeding operations to implement operation and management plans approved by the district board of supervisors. Terms of the agreements shall be approved by the Ohio soil and water conservation commission.
R.C. 119.032 review dates: 07/18/2005 and 07/18/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1515.08
Prior Effective Dates: 5/7/92
In order to abate pollution by animal waste caused by composting of dead animals, the owner or operator of any existing or planned concentrated animal feeding operation, or owner of animals raised by an owner or operator of a confined animal feeding operation wishing to conduct composting of dead animals resulting from the operation shall:
(A) Participate in an educational course concerning composting conducted by the Ohio state university extension service and obtain a certificate of course completion;
(B) Use the appropriate method, technique, or practice of composting as established in the “Field Office Technical Guide”, which is available to all Ohio County Soil and Water Conservation Districts, or other such standard as approved by the chief.
Effective: 10/03/2005
R.C. 119.032 review dates: 07/18/2005 and 10/03/2010
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02, 1511.022, 1515.08
Prior Effective Dates: 11/15/94