1501:15-5-02 Overflow and discharge from animal waste collection, storage or treatment facilities.

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