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Ohio Laws and Rules
(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