901:10-1-07 Review compliance certification applications.

(A) The owner or operator of an existing concentrated animal feeding facility shall furnish all of the following to the director on a form prescribed by the director:

(1) The name and address of the owner, of all partners if the owner is a partnership or of all officers and directors if the owner is a corporation, and of any other person who has a right to control or in fact controls management of the facility or the selection of officers, directors, or managers of the facility;

(2) Specific information about the number and type of animals, whether in open confinement or housed under roof (beef cattle, broilers, layers, swine, mature dairy cows, dairy heifers, sheep and lambs, horses, turkeys);

(3) A manure management plan for the facility that conforms to best management practices regarding the handling, storage, transportation and land application of manure generated at the facility and that contains any other information required by rules 901:10-2-08 to 901:10-2-11, 901:10-2-13 to 901:10-2-16 and 901:10-2-18 of the Administrative Code;

(4) A plan for the disposal of dead livestock in accordance with rule 901:10-2-15 of the Administrative Code;

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

(6) In the case of a major concentrated animal feeding facility, written proof that the person who would be responsible for the supervision of the management and handling of manure at the facility has been issued a livestock manager certification in accordance with rule 901:10-1-06 of the Administrative Code.

(7) The names and addresses for all persons owning property contiguous to the production area of the concentrated animal feeding facility.

(B) The owner or operator need not furnish any information otherwise required under paragraph (A) of this rule if that information is included in the permit to install that was issued for the existing facility. The owner or operator shall revise or amend information to reflect current operating conditions or otherwise verify that the information is accurate.

(C) Within one year of the date on which the director has finalized the program as that term is defined in division (I) of section 903.01 of the Revised Code, the director shall:

(1) Review the installation permits and inspect at least fifty per cent of all existing concentrated animal feeding facilities that hold a previously issued installation permit.

(2) Require the owners or operators of existing concentrated animal feeding facilities selected for review under this paragraph to provide the information required in paragraph (A) or paragraph (B) of this rule.

(D) Within two years of the date on which the director has finalized the program as that term is defined in division (I) of section 903.01 of the Revised Code, the director shall:

(1) Review the installation permits and inspect for the remaining fifty per cent of existing concentrated animal feeding facilities that hold a previously issued installation permit.

(E) The director may consider the following factors in developing a schedule for facilities in the first year and the second year of the finalized program:

(1) Age of the facility;

(2) Date of the facility’s most recent inspection;

(3) Size of the facility;

(4) The facility’s record of compliance or noncompliance;

(5) Coordination of fieldwork and surveillance with the local soil and water conservation district and with staff of the Ohio environmental protection agency;

(6) Geographic proximity of facilities.

(F) The director shall review the existing installation permit, the facility, the information furnished under paragraph (A) or paragraph (B) of this rule and determine if the existing facility is being operated in a manner that protects the waters of the state and minimizes the presence and negative effects of insects and rodents at the facility and in surrounding areas. If the director finds that the existing facility is in compliance, the director shall issue an order granting a review compliance certificate to the facility. In issuing the certificate, the director shall consider technical feasibility and economic costs, provided the director shall not require a significant capital expenditure, as that term is defined in rule 901:10-1-01 of the Administrative Code, to be made.

(G) If the director finds that the existing facility is not being operated in a manner that protects the waters of the state and that the insect and rodent control plan and the manure management plan do not conform to the best management practices of these rules, the director may issue an order denying a review compliance certificate. The director shall notify the owner or operator that the orders may be appealed in an adjudication hearing in accordance with Chapter 119. of the Revised Code, except that section 119.12 of the Revised Code does not apply.

(H) The denial of a review compliance certificate terminates the existing installation permit previously issued to the facility. The owner or operator shall apply for a permit to install and/or a permit to operate pursuant to this chapter if the owner or operator plans to continue operations at the existing facility.

(I) Upon issuance of a review compliance certificate, the certificate automatically shall merge and become a part of the previously issued installation permit. An existing facility that is issued a review compliance certificate shall comply with the previously issued installation permit. If any of the terms and conditions of the installation permit and the review compliance certificate is in conflict, the terms and conditions of the review compliance certificate are controlling.

(J) A review compliance certificate is valid for period of five years. Not later than one hundred eighty days prior to the expiration date of the review compliance certificate, the owner or operator shall apply for a permit to operate.

(K) The director may revoke a review compliance certificate issued to an existing facility after the director has issued an order as a result of a hearing held under Chapter 119. of the Revised Code in which the facility has been found to be in violation of the terms and conditions of the review compliance certificate. An existing facility whose review compliance certificate is revoked shall apply for a permit to operate and, if applicable, an NPDES permit in order to resume operating.

Effective: 09/15/2005

R.C. 119.032 review dates: 04/21/2005 and 08/15/2010

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

Rule Amplifies: 903.01, 903.02, 903.04, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10

Prior Effective Dates: 07/02/2002