Chapter 901:10-2 Permits; Management Plans

(A) Purpose and applicability of a permit to install.

(1) No person shall construct a new concentrated animal feeding facility without first obtaining a permit to install issued by the director.

(2) Any person who plans to construct a large concentrated animal feeding operation or a concentrated animal feeding facility or major concentrated animal feeding facility shall comply with applicable rules 901:10-2-01 to 901:10-2-06 of this chapter.

(3) Any animal feeding facility that is a small or medium concentrated animal feeding operation may be required by the director to comply with applicable rules 901:10-2-01 and 901:10-2-03 to 901:10-2-06 of the Administrative Code.

(a) If the director has made a determination that the medium or small animal feeding facility shall be required to be permitted as a medium or small concentrated animal feeding operation; and

(b) If the director determines that the existing animal feeding facility requires modifications in order to comply with best management practices.

(4) A person that is required to obtain both a permit to install pursuant to section 903.02 of the Revised Code and a permit to operate pursuant to section 903.03 of the Revised Code shall submit both applications for those permits simultaneously.

(B) Administrative procedures for a permit to install.

(1) In order to obtain a permit to install, the owner or operator shall submit:

(a) A properly completed application in accordance with paragraph (C) of this rule; and

(b) An appropriate fee as stated in rule 901:10-1-04 of the Administrative Code.

(2) The owner or operator may amend the application for a permit to install prior to the conduct of any public meeting that may be held for the draft permit to install and/or while the permit to install application is pending before the director. Upon completion of construction of the manure storage or treatment facility, the owner or operator shall submit a notarized statement certifying that the facility was constructed in accordance with the design plans to the department. A copy of the completed and approved as-built plans shall be submitted to demonstrate compliance with paragraph (A) of rule 901:10-2-05 or paragraph (A) of rule 901:10-2-06 of the Administrative Code and shall be submitted for the permanent record. Facilities are required to be inspected by the director or an authorized representative in a timely manner prior to stocking with animals.

(3) The owner or operator shall maintain a copy of the current permit to install issued by the department at the concentrated animal feeding facility’s site office. A copy of the completed and approved plans will be kept at the office of the facility.

(4) A permit to install may be modified in accordance with rule 901:10-1-09 of the Administrative Code. The owner or operator shall not modify the concentrated animal feeding facility without obtaining a permit modification.

(C) Contents of an application for a permit to install.

Unless otherwise indicated, an application for a permit to install shall contain the information and criteria as required in rules 901:10-1-02 and 901:10-1-03 of the Administrative Code and shall attach and/or include all of the following information:

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

(2) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain and the anticipated beginning and ending dates for work performed.

(3) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of the water utilized and a statement identifying the source of the water.

(4) Copies of recorded water well logs on file with the Ohio department of natural resources division of water and their locations within a one thousand foot radius of the manure storage or treatment facility, as located on a map that includes the well locations.

(5) A scaled map adequate to show detail that includes, but is not limited to:

(a) Approximate overall dimensions of the manure storage or treatment facility;

(b) Boundaries of the concentrated animal feeding facility;

(c) Location and siting distances from the manure storage or treatment facility. For purposes of identifying and illustrating the siting criteria, the owner or operator of a large concentrated animal feeding operation or a concentrated animal feeding facility or a major concentrated animal feeding facility is to submit a document that demonstrates compliance with the siting criteria in rule 901:10-2-02 of the Administrative Code; and

(d) Identify the approximate location of all known subsurface drains within one hundred feet of the proposed manure storage or treatment facility.

(6) The report required by paragraph (C) of rule 901:10-2-03 of the Administrative Code, including the information on the soils, ground water sampling and analysis, hydrology, subsurface geology and topography of the land area used for the manure storage or treatment facility based on the subsurface geological exploration conducted in accordance with rule 901:10-2-03 of the Administrative Code. The report may also include site-specific information and conclusions derived from the site’s subsurface geological exploration. If required as a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code, additional groundwater monitoring shall be included.

(7) Designs, plans and detailed engineering drawings for the proposed construction of the concentrated animal feeding facility that comply with rules 901:10-2-04, 901:10-2-05 and/or 901:10-2-06 of the Administrative Code and include the proposed location of the construction site, and design and construction plans and specifications, including anticipated beginning and ending dates for the work performed.

[Comment: Include detailed engineering drawings, for example; cross sections, pipe requirements, concrete or earthwork specifications, illustrations and profiles for construction of the manure storage or treatment facility.]

(8) The precipitation runoff and stormwater grading plans required by rule 901:10-2-04 of the Administrative Code.

(9) Manure characterized in accordance with rules 901:10-2-04 and 901:10-2-10 of the Administrative Code.

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, 903.08, 903.082, 903.09, 903.10

Prior Effective Dates: 07/02/2002

Manure storage or treatment facilities shall be designed and constructed in accordance with the criteria in paragraphs of (A) to (N) of this rule. In this rule siting means a measure of horizontal or vertical distance for purposes of installing the manure storage or treatment facility.

(A) Water wells, class five agricultural wells together referred to hereinafter as “well”.

(1) A fabricated structures shall be at least fifty horizontal feet from a well.

(2) A manure storage pond or manure treatment lagoon shall be at least three hundred horizontal feet from a well.

(B) Source water protection for public water systems.

(1) Public water wells.

(a) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within three hundred feet of a well serving a public water system that is owned or operated by the owner or operator of the facility and is a public water system located on the property of the owner or operator of the facility.

(b) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a non-community water system not listed in paragraph (B)(1)(a) of this rule. If no ground water source protection area has been delineated or endorsed, then the fabricated structure, manure storage pond, or manure treatment lagoon shall not be located closer than three hundred feet from the well.

(c) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located within the one-year time-of-travel contour from a well for which the Ohio environmental protection agency has delineated or endorsed a ground water source protection area and that serves a community water system not listed in paragraph (B)(1)(a) of this rule or one thousand feet from a public water well whichever is greater.

(d) A fabricated structure, manure storage pond, and manure treatment lagoon shall not be located between the one-year and five-year time-of-travel contours from a well identified as highly susceptible unless additional ground water monitoring, or additional engineered controls or both are added, installed, and implemented as approved by the director.

(2) Surface water intake.

(a) A fabricated structure shall be located no closer than one thousand five hundred feet from a surface water intake.

(b) A manure storage pond or manure treatment lagoon shall be installed no closer than one thousand five hundred feet from a surface water intake.

(C) Streams.

(1) A fabricated structure on a concentrated animal feeding facility shall be located a minimum of one hundred twenty horizontal feet from a stream or three hundred horizontal feet from a stream if the fabricated structure is on a major concentrated animal feeding facility.

(2) A manure storage pond or manure treatment lagoon on a concentrated animal feeding facility shall be located a minimum of three hundred horizontal feet from a stream or six hundred horizontal feet if the manure storage pond or manure treatment lagoon is located on a major concentrated animal feeding facility, unless additional design criteria are added, installed, and implemented as approved by the director.

(D) Cold water habitat and seasonal salmonid streams.

(1) A fabricated structure shall be located a minimum of three hundred horizontal feet from a cold water habitat or seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(2) A manure storage pond or manure treatment lagoon shall be located a minimum of six hundred horizontal feet from a cold water habitat and seasonal salmonid stream, unless additional design criteria are added, installed, and implemented as approved by the director.

(E) Aquifer.

A fabricated structure, manure storage pond or manure treatment lagoon shall have fifteen vertical feet of low permeability material, between the waste placement location and the uppermost aquifer, unless additional design criteria or groundwater monitoring are added, installed, and implemented as approved by the director. As used in this rule and in Chapter 901:10-2 of the Administrative Code, low permeability material means low permeability among the soil types of geologic material presented in figure 7-11, Chapter 7, “Geologic and Ground Water Considerations,” part 651, “Agricultural Waste Management Field Handbook,” June 1999.

(F) Sole source aquifer.

A manure storage pond or manure treatment lagoon shall not be located above a sole source aquifer without design of ground water monitoring or engineered controls or both that are installed and implemented as approved by the director.

(G) Floodplains and floodways.

(1) A manure storage pond or manure treatment lagoon shall not be located in a one hundred year floodplain without design of additional monitoring or engineered controls or both that are installed and implemented as approved by the director and by other appropriate permits.

(2) A manure storage pond or manure treatment lagoon shall not be located in established regulatory floodways as designated by the federal emergency management agency.

(H) Karst areas.

A fabricated structure, manure storage pond or manure treatment lagoon shall not be located in a karst area without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(I) Bedrock.

A fabricated structure, manure storage pond or manure treatment lagoon shall be located a minimum of three feet, between the bottom of the waste placement location and bedrock where no aquifer is present.

(J) Mines.

A manure storage or treatment facility shall not be located in an area of potential subsidence, due to an underground mine known to be in existence prior to the date the application for a permit to install is submitted, without design of groundwater monitoring or engineered controls or both that are installed and implemented as approved by the director.

(K) Property lines, which are defined in this paragraph as property lines not under common ownership of the owner or operator of a facility covered by this rule and public roads.

A fabricated structure, manure storage pond or manure treatment lagoon shall be located no closer than one hundred horizontal feet from a property line or public road.

(L) Neighboring residences.

(1) A manure storage or treatment facility for solid manure at a concentrated animal feeding facility shall be no closer than five hundred horizontal feet from a neighboring residence. The manure storage or treatment facility for solid manure at a major concentrated animal feeding facility shall be no closer than one thousand horizontal feet from a neighboring residence.

(2) A manure storage or treatment facility for liquid manure at a concentrated animal feeding facility shall be no closer than one thousand horizontal feet from a neighboring residence. A manure storage or treatment facility for liquid manure at a major concentrated animal feeding facility shall be no closer than two thousand horizontal feet from a neighboring residence.

(3) When utilizing proven technology, the siting criteria may be reduced by the director by using the list of technologies appended to this rule. The technologies listed in this appendix are not inclusive of all available technologies. Selected technologies are required to be fully described in detail plans and specifications, engineering drawings, and maps that shall be reviewed and approved by the director in deciding whether or not to reduce any applicable siting criteria as a reasonable exercise of the director’s discretion.

(M) The siting criteria requirements applicable to a manure storage or treatment facility shall not apply to the criteria set forth in paragraphs (K) and (L) of this rule if the applicant for a permit to install obtains a written agreement from all of the owners of neighboring residences or property owners located closer than the siting criteria. The agreement shall state such owners are aware of the proposed construction and have no objections to such construction. A copy of the written agreement shall be included with the permit to install application.

[Comment: The written agreement may be filed in the register of deeds office of the county in which the neighboring residence is located.]

(N) As used in this rule, additional design for engineered controls includes but is not limited to additional freeboard, secondary containment, additional treatment, increased liner thickness, synthetic liner materials, groundwater monitoring, or design and construction alternatives set forth in paragraph (A)(9)(c) of rule 901:10-2-06 of the Administrative Code.

Appendix to rule 901:10-2-02 Siting Criteria: How to Determine a Reduction in the Required Criteria

In considering reductions in siting criteria under this rule, the director will consider the use of technologies for manure storage or treatment facilities as characterized and listed in this appendix. The technologies listed are not inclusive of all available technologies. The technologies listed in this appendix are required to be fully described in detailed plans and specifications, engineering drawings, and maps that shall be reviewed and approved by the director in deciding whether or not to reduce any applicable siting criteria as a reasonable exercise of the director’s discretion.

Physical Manure Characteristics and Type of Manure Storage or Treatment Facility

1. *Solid Manure

a. Fabricated Structure with odor control (e.g. aeration through the manure pile – High Rise Hog House)

b. Fabricated Structure with composting

c. Fabricated Structure with a cover

2. *Solid or **Liquid Manure

a. Fabricated Structure with temporary (14 days or less) storage

b. Fabricated Structure or Manure Storage Pond with a cover

c. Fabricated Structure, Manure Storage Pond or Manure Treatment Lagoon with energy recovery

3. **Liquid Manure a. Manure Treatment Lagoon

b. Fabricated Structure with a biofilter – Deep Pit System for Swine

c. Manure Storage Pond with a crust

d. Manure Storage Pond, Manure Treatment Lagoon or Fabricated Structure with a cover

e. Fabricated Structure, Manure Storage Pond or Manure Treatment Lagoon with odor control (e.g. aeration in the Manure Storage Pond or Manure Treatment Lagoon)

Physical Manure Characteristics:

*Solid Manure has greater than 20 % solids

**Liquid Manure has equal to or less than 20 % solids

Effective: 01/17/2006

R.C. 119.032 review dates: 10/28/2005 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: 09/15/2005

(A) A subsurface geological exploration shall be conducted prior to installing a fabricated structure. A subsurface geological exploration for a liquid manure fabricated structure shall be conducted under the supervision of an engineering geologist or a professional engineer. A subsurface geological exploration shall determine the following:

(1) For solid manure.

(a) Evaluate the suitability of the soil to provide the appropriate load bearing strength for the proposed fabricated structure by use of a soil survey or by a geological exploration conducted in accordance with this rule. The director may require on-site subsurface geological explorations depending on the soil survey, depth of the structure to be installed below existing grade and type of structural loading of the fabricated structure.

(2) For liquid manure.

(a) Place a minimum of two test pits or borings at regular intervals within a reasonable distance of the boundaries of the fabricated structure, unless more test pits or borings are required by the professional engineer or engineering geologist . The test pits or borings shall extend a minimum of five feet below the planned bottom of the fabricated structure.

(b) Evaluate the suitability of the soil to provide the appropriate load bearing strength for the proposed fabricated structure as set forth in the appendix to rule 901:10-2-05 of the Administrative Code.

(c) Determine soil strength values so that lateral earth pressures can be calculated as set forth in the appendix to rule 901:10-2-05 of the Administrative Code.

(d) Whether the proposed fabricated structure is to be located within a karst area; and

(e) Ground water quality characteristics. Ground water shall be sampled from a well existing at the facility or, if no well exists at the facility, from a well that is constructed in accordance with rule 3701-28-12 of the Administrative Code. A well installed or otherwise approved for use to satisfy the requirements of this rule, shall also be used to satisfy the annual ground water sampling and analysis required by rule 901:10-2-08 of the Administrative Code.

(f) In the event that the director determines that ground water monitoring shall be required to satisfy the requirements of this rule or rule 901:10-2-02 of the Administrative Code, then a ground water monitoring program shall be designed, installed, and implemented as approved by the director in a permit to install.

(B) Prior to installing a manure storage pond or manure treatment lagoon, a subsurface geological exploration shall be conducted under the supervision of an engineering geologist or a professional engineer for the storage pond or treatment lagoon.

(1) A subsurface geological exploration shall be conducted on each new or expanding manure storage pond or manure treatment lagoon.

(2) The subsurface geological exploration shall be performed within a reasonable distance of the manure storage pond or manure treatment lagoon boundaries, shall include a minimum of four test pits or borings placed at regular intervals and shall determine the following:

(a) The type and hydraulic conductivity of the soil material present from the ground surface to a depth of five feet below the planned bottom of the manure storage pond or manure treatment lagoon;

(b) Suitability of soil material to provide adequate sealing of the bottom of the manure storage pond or manure treatment lagoon and construction of planned embankments;

(c) Whether the proposed manure storage pond or manure treatment lagoon is to be located within a karst area;

(d) Ground water quality characteristics. Ground water shall be sampled from a well existing at the facility or, if no well exists at the facility, from a well that is constructed in accordance with rule 3701-28-12 of the Administrative Code. A well installed or otherwise approved for use to satisfy the requirements of this rule, shall also be used to satisfy the annual ground water sampling and analysis required by rule 901:10-2-08 of the Administrative Code.

(e) In the event that the director determines that ground water monitoring shall be required to satisfy the requirements of this rule or rule 901:10-2-02 of the Administrative Code, then a ground water monitoring program shall be designed, installed, and implemented as approved by the director in a permit to install.

(f) The exploration pits or borings shall extend a minimum of five feet below the planned bottom of the manure storage pond or manure treatment lagoon. Upon completion, any boring or pit used for sampling shall be properly plugged and sealed. Any pit used for sampling that is within the construction boundaries of the concentrated animal feeding facility, the manure storage pond or the manure treatment lagoon shall be restored by the addition of soil compacted in lifts no greater than six inches;

(g) Based on the results of the subsurface geological exploration and determinations by the engineering geologist, professional engineer or the director, additional tests may be required to determine the potential need for a liner and, if necessary, the type of liner to be installed;

(h) The department may require additional subsurface geological explorations depending on the soils and geological formations on site to ensure the protection of the ground water, surface water or the structural integrity of the manure storage pond or manure treatment lagoon. The subsurface geological exploration shall refer to the Ohio department of natural resources, division of water ground water pollution protection (DRASTIC) maps to determine the pollution potential for each site, the pathways of contamination, if any, and whether additional liners are needed to protect water and ground water.

(C) The results of subsurface geological explorations performed in accordance with paragraphs (A) and (B) of this rule shall be included in a report submitted with the facility design plans.

(1) The report shall include but not be limited to:

(a) Location of a facility well, exploration pits and borings plus locations and depths of soil samples;

(b) Available Ohio department of natural resources division of water, water well logs of wells located within a minimum of one thousand feet of the planned manure storage or treatment facility;

(c) Geologic information using either the group classification system by the American association of state highway and transportation officials or the unified soil classification system appended to this rule;

(d) Evidence of seepage or ground water conditions and depths in pits;

(e) Determination of the suitability of in-situ soils for the planned facility, or lining recommendations when the in-situ soils are not suitable;

(f) Recommendation from the laboratory analysis of the compactive effort or soil density, and soil moisture requirements needed during construction to achieve design hydraulic conductivity;

(g) The results of the soil tests; and

(h) An analysis or evaluation that demonstrates that the information provided meets the requirements of rules 901:10-2-01 to 901:10-2-06 of the Administrative Code, and as follows for applicable type of manure storage and treatment facility:

(i) For a solid manure fabricated structure, an analysis or evaluation shall provide the information required by paragraphs (C)(1)(a), (C)(1)(b), (C)(1)(c), and (C)(1)(h) of this rule.

(ii) For a liquid manure fabricated structure, an analysis or evaluation shall provide the information required by paragraphs (C)(1)(a), (C)(1)(b), (C)(1)(c), (C)(1)(d), (C)(1)(g) and (C)(1)(h) of this rule.

(iii) For a manure storage pond or manure treatment lagoon, an analysis or evaluation shall provide the information required by paragraphs (C)(1)(a) to (C)(1)(g) of this rule.

(2) Based on the results of the tests of this rule the professional engineer, engineering geologist, or director may require additional explorations that may include laboratory testing of soils and additional ground water monitoring wells.

(D) Laboratory testing and analysis:

(1) Soil samples taken during the subsurface geological exploration shall be tested in accordance with approved or certified soil testing procedures..

(2) Tests and results reported shall include, but not be limited to, hydraulic conductivity, dry unit weight, Atterberg Limits, and standard compaction with recompaction to achieve design hydraulic conductivity.

(E) Upon request by the owner or operator and subsequent written approval from the department field changes may be made in order to meet site-specific conditions during construction. The owner or operator shall demonstrate that such changes shall be at least as protective of the ground water, surface water and the structural integrity of the manure storage or treatment facility as requirements of this chapter.

Appendix to rule 901:10-2-03

Soils – Engineering Classification (National Soil Survey Handbook 618.20 – 2001)

The National Soil Survey Handbook and other technical and procedural references provide the standards, guidelines, definitions, policy, responsibilities, and procedures for conducting the National Cooperative Soil Survey in the United States. The following are accepted guidelines for classifying soils.

(a) AASHTO (American Association of State Highway and Transportation Officials) Group Classification

(1) Definition

AASHTO group classification is a system that classifies soils specifically for geotechnical engineering purposes. It is based on particle-size distribution and Atterberg limits, such as liquid limit and plasticity index. This classification system is covered in AASHTO Standard No. M 145-91 (1995) and consists of a symbol and a group index. The classification is based on that portion of the soil that is smaller than 3 inches in diameter.

(2) Classes

The AASHTO classification system identifies two general classifications: (i) granular materials having 35 percent or less, by weight, particles smaller than 0.074 mm in diameter and (ii) silt-clay materials having more than 35 percent, by weight, particles smaller than 0.074 mm in diameter. These two divisions are further subdivided into seven main group classifications. The group and subgroup classifications are based on estimated or measured grain-size distribution and on liquid limit and plasticity index values.

(3) Significance

The group and subgroup classifications of this system are aids in the evaluation of soils. The classifications can help to make general interpretations relating to performance of the soil for engineering uses.

(4) Measurements

Measurements involve sieve analyses for the determination of grain-size distribution of that portion of the soil between a 3 inch and 0.074 mm particle size. ASTM methods D 422, C 136, and C 117 have applicable procedures for the determination of grain-size distribution. The liquid limit and plasticity index values (ASTM method D 4318) are determined for that portion of the soil having particles smaller than 0.425 mm in diameter (No. 40 sieve). Measurements, such as laboratory tests, are made on most benchmark soils and on other representative soils in survey areas.

(5) Estimates

During soil survey investigations and field mapping activities, the soil is classified by field methods. This classification involves making estimates of particle-size fractions and particle-size distribution by a percentage of the total soil, minus the greater than 3-inch fraction. Estimates of liquid limit and plasticity index are based on clay content and mineralogy relationships. Estimates are expressed in ranges that include the estimating accuracy as well as the range of values for the taxon.

(6) Entries Enter classes and separate them by commas for each horizon, for example, A-7, A-6. Acceptable entries are A-1, A-l-A, A-l-B, A-2, A-2-4, A-2-5, A-2-6, A-2-7, A-3, A-4, A-5, A-6, A-7, A-7-5, A-7-6, and A-8.

AASHTO Group Index

(1) Definition

The AASHTO group and subgroup classifications may be further modified by the addition of a group index value. The empirical group index formula was devised for approximate within-group evaluation of the “clayey granular materials” and the “silty-clay” materials.

(2) Significance

The group index is an aid in the evaluation of the soils. The index can help to make general interpretations relating to performance of the soil for engineering uses.

Under average conditions of good drainage and thorough compaction and recompaction, the supporting value of a material as subgrade may be assumed as an inverse ratio to its group index, that is, a group index of 0 indicates a “good” subgrade material and group index of 20 or greater indicates a “very poor” subgrade material.

(3) Measurement

The group index is calculated from an empirical formula:

GI = (F-35) [0.2 + 0.005 (LL-40)] + 0.01 (F-15) (PI-10)

where:

F = Percentage passing sieve No. 200

(75 micrometer), expressed as a whole number

LL = Liquid limit

PI = Plasticity index

In calculating the group index of A-2-6 and A-2-7 subgroups, only the PI portion of the formula is used. Negative group index is reported as zero (0).

For soils that are non-plastic and when the liquid limit cannot be determined, the group index shall be considered zero (0).

(4) Entries

The group index is reported to the nearest integer. If the calculated group index is negative, the group index is zero (0). The minimum index value is 0 and the maximum is 120.

(b) Unified Soil Classification

(1) Definition

The unified soil classification system is a system for classifying mineral and organic mineral soils for engineering purposes based on particle-size characteristics, liquid limit, and plasticity index.

(2) Classes

The Unified Soil Classification System identifies three major soil divisions: (i) coarse-grained soils having less than 50 percent, by weight, particles smaller than 0.074 mm in diameter; (ii) fine-grained soils having 50 percent or more, by weight, particles smaller than 0.074 mm in diameter, and (iii) highly organic soils that demonstrate certain organic characteristics. These divisions are further subdivided into a total of 15 basic soil groups. The major soil divisions and basic soil groups are determined on the basis of estimated or measured values for grain-size distribution and Atterberg limits. ASTM D 2487 shows the criteria chart used for classifying soil in the Unified system and the 15 basic soil groups of the system and the plasticity chart for the Unified Soil Classification System.

(3) Significance

The various groupings of this classification have been devised to correlate in a general way with the engineering behavior of soils. This correlation provides a useful first step in any field or laboratory investigation for engineering purposes. It can serve to make some general interpretations relating to probable performance of the soil for engineering uses.

(4) Measurement

The methods for measurement are provided in ASTM Designation D 2487. Measurements involve sieve analysis for the determination of grain-size distribution of that portion of the soil between 3 inches and 0.074 mm in diameter (No. 200 sieve). ASTM methods D 422, C 136, and C 117 have applicable procedures that are used where appropriate for the determination of grain-size distribution. Values for the Atterberg limits (liquid limit and plasticity index) are also used. Specific tests are made for that portion of the soil having particles smaller than 0.425 mm in diameter (No. 40 sieve) according to ASTM methods D 423 and D 424. Measurements, such as laboratory tests, are made on most benchmark soils and on other representative soils in survey areas.

(5) Entries for measured data

For measured Unified data, enter up to four classes for each horizon. ASTM D 2487 provides flow charts for classifying the soils. Separate the classes by commas, for example, CL-ML, ML. Acceptable entries are GW, GP, GM, GC, SW, SP, SM, SC, CL, ML, OL, CH, MH, OH, PT, CL-ML, GW-GM, GW-GC, GP-GM, GP-GC, GC-GM, SW-SM, SW-SC, SP-SM, SP-SC, and SC-SM.

(6) Estimates

The methods for estimating are provided in ASTM Designation D 2488. During all soil survey investigations and field mapping activities, the soil is classified by field methods. The methods include making estimates of particle-size fractions by a percentage of the total soil. The Atterberg limits are also estimated based on the wet consistency, ribbon or thread toughness, and other simple field tests. These tests and procedures are explained in ASTM D 2488. If samples are later tested in the laboratory, adjustments are made to field procedures as needed. Estimates are expressed in ranges that include the estimating accuracy as well as the range of values from one location to another within the map unit. If an identification is based on visual-manual procedures it must be clearly stated so in reporting.

(7) Entries for estimated soils

For estimated visual-manual Unified data, enter up to four classes for each horizon. ASTM D 2488 provides flow charts for classifying the soils. Separate the classes by commas, for example, CL, ML, SC. Acceptable entries are GW, GP, GM, GC, SW, SP, SM, SC, CL, ML, CH, MH, OL/OH, PT, GW-GM, GW-GC, GP-GM, GP-GC, SW-SM, SW-SC, SP-SM, and SP-SC.

Source: National Soil Survey Handbook (2001). USDA-Natural Resources Conservation Service, Washington, DC.

Replaces: 901:10-2-03

Effective: 09/15/2005

R.C. 119.032 review dates: 08/15/2010

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

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

Prior Effective Dates: 07/02/2002

(A) Manure shall be sampled and analyzed in accordance with paragraphs (A) to (D) of rule 901:10-2-10 of the Administrative Code.

(B) As an alternative to presenting site-specific information as required by paragraphs (A)(1) and (A)(2) of rule 901:10-2-10 of the Administrative Code, the owner or operator may characterize manure by using manure data from a facility that is similar to that of the owner or operator or by relying upon existing published or documented data. The owner or operator shall submit this alternative manure data along with the identification of the source of the data.

(C) The owner or operator shall comply with paragraph (B) of rule 901:10-2-10 of the Administrative Code.

(D) General design and construction criteria for a manure storage or treatment facility.

(1) An appropriate design plan shall be required for a new or expanding manure storage or treatment facility.

(2) A manure storage or treatment facility shall be designed and constructed to handle manure volume, precipitation and surface water runoff in a manner that prevents the discharge of manure to waters of the state, except as provided in applicable standards set forth in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code.

(E) Calculating storage volume for manure storage or treatment facilities.

(1) The total storage volume of a manure storage or treatment facility shall not be less than the volume calculated as the summation of the following, unless the owner or operator or the director determines that additional storage capacity is required to meet permit conditions.

(a) Manure generated during the storage period required by rule 901:10-2-05 or rule 901:10-2-06 of the Administrative Code;

(b) Average precipitation less evaporation on the surface area of the manure storage or treatment facility during the storage period;

(c) Normal runoff that drains from the concentrated animal feeding facility’s drainage area into the manure storage or treatment facility during the storage period. Impermeable surfaces shall utilize a minimum factor of fifty per cent of the average precipitation;

(d) A precipitation event based on the surface of the manure storage or treatment facility and applicable standards in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code;

(e) The runoff from a precipitation event that drains from the concentrated animal feeding facility’s drainage area into the manure storage or treatment facility based on applicable standards in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code; and

(f) Residual manure after liquids have been removed.

(2) In addition to the requirements in paragraph (E)(1) of this rule, the total storage volume of a manure treatment lagoon shall not be less than the volume calculated using one of the following methods set forth in the appendix to this rule.

(F) Stormwater pollution prevention plans. Each owner or operator of a concentrated animal feeding operation shall prevent pollution of stormwater resulting from an animal feeding facility by submitting plans to satisfy this rule and rule 901:10-3-11 of the Administrative Code to do the following:

(1) Maintain separation of uncontaminated stormwater runoff from contaminated water with designs and installations that include, but are not limited to, settling basins, runoff ponds, liquid impoundments, and areas within berms and diversions;

(a) Grade the area around the livestock buildings and the manure storage or treatment facility;

(b) Divert stormwater runoff and roof water away from the manure storage or treatment facility or other structures in the production area.

(c) Use spill prevention and good housekeeping techniques to ensure that stormwater discharges from the following areas comply with Ohio Water Quality Standards: immediate access roads and rail lines used or traveled by carriers; or raw materials, products, waste materials, or by-products used or created; refuse sites; sites used for storage and maintenance of material handling equipment; sites used for handling material other than manure and shipping and receiving areas.

(d) Install systems that are designed to capture and treat contaminated runoff and prohibit discharge of contaminated discharge. The owner or operator may use the following criteria, provided that in no case shall grassed filter strips satisfy effluent limitations for large facilities in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code.

(i) The “Ohio Natural Resource Conservation Service, Conservation Practice Standards Section IV, Field Office Technical Guide” which includes the following:

(a) “Pond, No 378,” January 2003;

(b) “Constructed Wetland Conservation Practice Standard, No. 656,” August 2000, but provided there shall be no discharge;

(c) “Livestock Use Area Protection Practice, No. 757,” September 3, 2002;

(d) “Composting Operation, No. 317,” May 1, 2000;

(e) “Critical Area Planting, No. 342,” June 1, 2002;

(f) “Dike, No. 113,” June 1, 2002;

(g) “Diversion, No. 362,” June 1, 2002;

(h) “Grade Stabilization Structure, No. 410,” May 1, 1988;

(i) “Pipeline, No. 516,” June 1, 2002;

(j) “Roof Runoff Structure, No. 558,” June 1, 2002;

(k) “Sediment Basin, No. 350,” June 1, 2002;

(ii) The “Ohio Livestock Manure And Wastewater Management Guide, Bulletin 604, The Ohio State University Extension, January 1992;” and

(iii) USDA Natural Resource Conservation Service – NHCP.

(2) Construct coverings over any structures in the production area; or

(3) Install vegetative cover and protect stream channels and areas adjacent to such channels from a concentrated animal feeding operation.

(4) The owner or operator may submit plans that implement alternative practices to the director for approval provided that any alternative practices must be demonstrated to be equivalent to the practices listed in subparagraph (F)(1) of this rule unless the owner or operator or the director determine that additional total storage capacity is required to meet permit conditions. All of the practices listed are subject to the design standards for precipitation events in paragraphs (D) and (E) of this rule.

Appendix to rules 901:10-2-04 and 901:10-2-10

Manure Production Characteristics

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-04_PH_FF_A_APP1_20050817_1128.pdf

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, 903.08, 903.082, 903.09, 903.10

Prior Effective Dates: 07/02/2002

(A) Fabricated structures shall be designed and maintained to prevent discharge to ground waters or surface waters.

(1) Fabricated structures for liquid manure shall be designed by or under the supervision of a professional engineer or shall be an appropriate design plan, as defined in paragraph (G) of rule 901:10-1-01 of the Administrative Code.

(2) A fabricated structure shall be designed and constructed to meet the requirements in paragraph (A) of rule 901:10-2-03, paragraphs (A)(10) and (A)(11) of rule 901:10-2-06 of the Administrative Code and the appendix to this rule.

(3) Storage period. The minimum storage period for a fabricated structure shall be one hundred twenty days, unless otherwise approved by the department. Additional storage may be required by the department in order to ensure protection of groundwater, surface water or the structural integrity of the fabricated structure.

(4) Freeboard. A fabricated structure shall be designed and maintained to have an operating level that does not exceed the level that provides adequate storage to contain a precipitation event plus an additional six inches of freeboard, except for fabricated structures that contain solid manure and are not subject to precipitation or runoff.

(5) Fabricated structures for liquid manure shall have a liquid level board, staff gauge, depth marker, or other appropriate device approved by the director, installed within the interior to monitor manure levels.

Appendix to rule 901:10-2-05 Fabricated Structure.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-05_PH_FF_A_APP2_20050817_1128.pdf

Effective: 09/15/2005

R.C. 119.032 review dates: 04/21/2005 and 08/15/201

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

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

Prior Effective Dates: 07/02/2002

(A) A manure storage pond or manure treatment lagoon subject to this rule shall be designed and the plans stamped by a professional engineer. The following design and construction criteria shall be followed:

(1) No known subsurface drainage line shall be allowed to remain within fifty feet of the outside toe of any manure storage pond or manure treatment lagoon unless necessary to comply with paragraph (A)(9)(a) of this rule. Subsurface drainage lines in the immediate area of the manure storage pond or manure treatment lagoon shall be removed or relocated to provide for a minimum separation distance of not less than fifty feet between the top inner perimeter of the manure storage pond or manure treatment lagoon and the subsurface drainage line.

(2) If not already installed at the facility, a liquid level board, staff gauge, depth marker, or other appropriate device, approved by the director, shall be installed within the interior of the liquid manure storage pond or manure treatment lagoon to monitor manure levels. The liquid level board, staff gauge, depth marker, or other appropriate device in a manure treatment lagoon shall include the elevation at the liquid level corresponding to the summation of the residual manure volume and minimum storage or treatment design volume and shall be designated as the stop pumping elevation. The liquid level board or staff gauge or depth marker in a manure treatment lagoon shall have readily visible permanent markings indicating the summation of the residual manure volume and minimum storage or treatment design volume, and shall be designated as the start pumping elevation.

(3) Agitation and pump-out points shall be shown on plans for a manure storage pond and a manure treatment lagoon with scour protection required.

(4) An emergency spillway may be included at the one foot freeboard level and shall be directed to a specifically designed filter strip or infiltration areas if the facility is constructed with an earthen embankment.

(5) Embankments.

(a) The minimum embankment top width shall be eight feet for embankments less than fifteen feet, ten feet for embankments ranging in height from fifteen to less than twenty feet, and twelve feet for embankments ranging from twenty to twenty-five feet high, as measured from the low point on the downstream toe to the top of the dam.

(b) If the embankment is to be traversed by farm equipment, the minimum top width shall be twelve feet. The height of the embankment shall be no greater than twenty-five feet, as measured from the low point on the downstream toe to the top of the dam.

(c) Embankments shall have side slopes not steeper than two horizontal to one vertical.

(d) The combined side slopes of settled embankments shall not be less than five horizontal to one vertical.

(e) Vegetative cover shall be established on any exposed embankment and mowed or otherwise maintained to control erosion or other embankment deterioration. In the alternative, the Director may approve other means or materials to control erosion.

(6) Inlets and outlets.

(a) Inlets shall be designed to resist corrosion, plugging and freezing.

(b) The embankment may contain no outlet piping that extends through the embankment unless the piping discharges to another facility or is a component of a re-circulating flush system.

(c) All pipes for manure transfer or manure flush systems shall have watertight joints in accordance with the following ASTM standards:

(i) ASTM D3212-Standard specification for joints for drain and sewer plastic pipes using flexible elastometric seals; or

(ii) ASTM C443-Standard specification for joints for concrete pipe and manholes, using rubber gaskets; or

(iii) Other standards recommended by the professional engineer and approved by the department.

(7) Storage period.

The minimum storage period of manure for a manure storage pond and manure treatment lagoon shall be one hundred eighty days of manure production unless alternative use and design is otherwise approved by the department. This section is not intended to address the surface water runoff where the runoff does not enter into the pond or lagoon.

(8) Freeboard.

Freeboard shall be provided for a manure storage pond and manure treatment lagoon in addition to the total storage volume such that the elevation of the emergency spillway or top of the settled embankment, if there is no designed emergency spillway, shall be less than the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional one foot of freeboard.

(9) Liners.

The owner or operator shall include the use of a liner as part of the manure storage pond or manure treatment lagoon that achieves a hydraulic conductivity of at least one times ten to the minus seven centimeters per second (1 X 10 -7 cm/sec) to insure the integrity of the manure storage pond or manure treatment lagoon. A minimum of three feet of in situ soils with a hydraulic conductivity of one times ten to the minus seven centimeters per second will satisfy this requirement. The following design and construction criteria shall be followed:

(a) Ground water seepage shall be prevented from entering the bottom of the manure storage pond or manure treatment lagoon after construction by installing and/or maintaining a liner with a minimum liner thickness of three feet of in situ soil between the top of the seasonal high ground water surface and the bottom of the manure storage pond or manure treatment lagoon. In order to meet this requirement the ground water surface may be lowered by use of subsurface drainage lines that are properly designed by the engineering geologist or professional engineer and approved by the director.

(b) Soil liners shall be designed and constructed using procedures in section 651.1080 of the “United States Department of Agriculture, Natural Resources Conservation Service Agricultural Waste Management Field Handbook, Chapter Ten, Geotechnical Design and Construction, November 1997,” and “United States Department of Agriculture, Ohio Natural Resources Conservation Service, Section IV, Field Office Technical Guide Conservation Practice Standard 521-F, Pond Sealing and Lining, Compacted Earth Liner. December 2001.” A soil liner thickness shall be a minimum of three feet.

(c) Design and construction alternatives for ground water protection.

(i) As a result of the subsurface geological exploration conducted pursuant to rule 901:10-2-03 of the Administrative Code and the findings of the report submitted in accordance with that rule, an engineering geologist, professional engineer or the director may determine that installation of an additional liner is required to insure the integrity of the manure storage pond or manure treatment lagoon and to protect groundwater.

(ii) If an additional or alternative liner protection is required as set forth in paragraph (9)(c)(i) of this rule, then one or more of the following may be required by the director:

(a) Concrete liners that have a minimum thickness of five inches and shall include non-metallic water stops for all joints:

(b) Flexible plastic membranes that are installed under the supervision of the manufacturer or the manufacturer’s representative and include written certification that the liner was installed in accordance with the manufacturers recommendations.

(c) Geosynthetic clay liners that are installed under the supervision of the manufacturer or the manufacturer’s representative and include written certification that the liner was installed in accordance with the manufacturer’s recommendations; or

(d) Other liner designs or materials will be considered at the discretion of the director if the minimum criteria of this paragraph of this rule are met.

(10) As required by rule 901:10-2-02 of the Administrative Code, installation of a manure storage pond or manure treatment lagoon in a one hundred year flood plain is prohibited unless accompanied by design or engineered controls that are designed and constructed as approved by the director and in accordance with the following:

(a) The manure storage pond or manure treatment lagoon embankments shall be designed and constructed to withstand the hydrostatic pressures from a one hundred year flood that may be exerted on the embankments during a flood event:

(b) The elevation of the lowest point on the embankment shall be at the summation of the elevation of the one hundred year flood plus a minimum freeboard height of two feet:

(c) For a manure storage pond or manure treatment lagoon with unequal length and width dimensions, the facility shall be oriented with the longest dimension parallel to the expected direction of floodwater flow:

(d) Any monitoring wells installed pursuant to this rule shall be physically protected from the floodwaters.

(11) Design and construction criteria for a manure storage pond or manure treatment lagoon located in a karst area.

(a) Manure storage ponds or manure treatment lagoons may be constructed within a karst area provided that the facility is designed to prevent seepage of manure to groundwater.

(b) Any portion of a manure storage pond or manure treatment lagoon located below the pre-construction soil surface level and constructed in a karst area shall be designed and constructed utilizing a rigid material such as concrete or steel or a properly designed clay or synthetic liner, when appropriate, upon findings in the geologic exploration.

Appendix to rule 901:10-2-06 Manure Treatment Lagoon.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-06_PH_FF_A_APP2_20050817_1128.pdf

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, 903.08, 903.082, 903.09, 903.10

Prior Effective Dates: 07/02/2002

(A) The application for a permit to operate and for a NPDES permit shall contain the following information:

(1) A manure management plan that is developed and implemented to comply with the best management practices set forth in 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, and

(2) Plans or schedules for inspections required in rule 901:10-2-08 of the Administrative Code.

(B) Additional requirements for an application for a permit to operate include submittal of:

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

(2) A plan for odor minimization in accordance with rule 901:10-2-12 of the Administrative Code.

(3) An emergency response plan in accordance with rule 901:10-2-17 of the Administrative Code.

(C) Additional requirements for an application for a NPDES permit for a large concentrated animal feeding operation shall contain the information required in Chapter 901:10-3 of the Administrative Code.

(D) If a biosecurity plan is submitted, it shall be included with the permit to operate application.

(E) The owner or operator shall maintain a copy of the current permit to operate and NPDES permit issued by the department at the concentrated animal feeding facility’s site office.

(F) Additional requirements for an application for a NPDES permit for a medium or small concentrated animal feeding operation may also include best management practices specified by the director.

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

(A) A manure management plan is a plan developed to minimize water pollution and protect waters of the state. The manure management plan shall include best management practices for reuse and recycling nutrients, prevent direct contact of confined animals with waters of the state, and ensure proper mortality management.

(1) The manure management plan shall specify the frequency of inspections to be conducted by the owner or operator at the manure storage or treatment facility; and

(2) The owner or operator shall maintain a list of equipment used, including land application equipment and a written chronological record of the dates of inspections, maintenance, calibration monitoring and repairs that shall be maintained in the operating record required by rule 901:10-2-16 of the Administrative Code and be made readily available during an inspection of the facility. These records shall also be made available at the request of the director. All repairs shall be completed promptly. The department shall inspect any major structural repairs; and

(3) The owner or operator must periodically inspect equipment used for land application of manure, litter, or process wastewater for leaks.

(4) At a minimum, the following must be inspected, performed, monitored or maintained at the manure storage or treatment facility and documented in the operating record:

(a) The operating level of manure treatment lagoons and manure storage ponds. The operating level must not exceed the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional one foot of freeboard.

(b) The operating level of fabricated structures must not exceed the level that provides adequate storage to contain a precipitation event as required in rules 901:10-3-02 to 901:10-3-06 of the Administrative Code, plus an additional six inches of freeboard, unless the fabricated structure is designed and maintained for solid manure and is not subject to precipitation.

(c) For paragraph (A)(4)(a) and (A)(4)(b) of this rule, the maximum operating level shall not exceed that specified in the manure management plan.

(d) Inspect in order to confirm that domestic and industrial wastewater from showers, toilets, sinks, medical wastes, chemicals and other contaminants etc., handled on-site are not discharged into the manure storage or treatment facility unless designed and permitted to do so.

(e) Manure storage or treatment facilities under the control of the owner or operator shall be inspected for evidence of erosion, leakage, animal damage, cracking, excessive vegetation, or discharge.

(f) Inspect liquid manure volume weekly and note in the operating record the level of liquid manure in manure storage or treatment facilities by the depth marker required in paragraph (A)(4)(o) of this rule.

(g) Document in the operating record procedures to ensure proper operation and maintenance of liquid manure in storage or treatment facilities, when manure and manure residuals are removed from the manure storage pond or manure treatment lagoon. The owner or operator shall take care to prevent damage to lagoon or pond dikes and liners when manure residuals are removed.

(h) Inspect to determine that all stormwater conveyances are maintained to keep runoff from the surrounding property and buildings and stormwater shall be diverted away from the manure treatment lagoons and manure storage ponds to prevent any unnecessary addition to the liquid volume in these structures, unless they are designed for such runoff containment. Identify appropriate buffer strips or equivalent practices, to control runoff of manure to waters of the state, and divert clean water, as appropriate, out of the production area.

(i) Conduct weekly inspections of stormwater or diversion devices, runoff diversion structures, devices channeling contaminated stormwater to the manure storage pond or manure treatment lagoon and note proper operation and maintenance in the operating record.

(j) Inspect the protective vegetative cover and any other approved means or materials for erosion control to determine that cover is maintained on all disturbed areas (lagoon or pond embankments, berms, pipe runs, erosion control areas, etc.).

(k) Ensure that any emerging vegetation such as trees, shrubs and other woody species shall not be allowed to grow on the pond or lagoon dikes or side slopes. Pond or lagoon areas are to be kept mowed and accessible unless these areas are grassed waterways or buffers that manage precipitation and runoff.

(l) Surface water and groundwater protection.

(i) Conduct annual sampling and analysis of ground water from a well as described by paragraphs (A)(2)(e) or (B)(2)(d) of rule 901:10-2-03 of the Administrative Code. In the event that a well does not already exist at the facility and the operation is not an operation as described in paragraph (A)(1) of rule 901:10-2-03 of the Administrative Code or is not served by a public water system as defined by paragraph (UUU) of rule 901:10-1-01 of the Administrative Code, then the owner or operator shall install a well at the facility that is properly located, protected and operated. The well shall be easily accessible for sampling and have an adequate water quantity for sampling.

(ii) The director may require additional sampling, including but not limited to, ground water samples from any additional ground water monitoring wells installed as required in paragraph (C)(2) of rule 901:10-2-03 of the Administrative Code.

(iii) The director may require samples of manure discharges from the production area that may occur; and

(iv) Results of sampling and analysis shall be documented in the operating record and, for manure discharges from the production area, results shall also be recorded in the annual report submitted to the director in accordance with rule 901:10-2-20 of the Administrative Code.

(m) Ensure proper management of dead livestock as required by rule 901:10-2-15 of the Administrative Code to ensure that there shall be no discharge of mortality to waters of the state and no disposal in a manure storage or treatment facility that is not specifically designed to treat animal mortalities.

(n) Inspect drinking water lines daily, including drinking water or cooling water lines that are located above ground, readily visible or accessible for daily inspections, and record in the operating record.

(o) All liquid manure in manure storage ponds or treatment facilities must have a depth marker or other appropriate device as approved by the Director in accordance with rule 901:10-2-06 of the Administrative Code which clearly indicates the minimum capacity necessary to contain the runoff and direct precipitation of the twenty-five year, twenty four hour rainfall event, or, in the case of new sources subject to the requirement in rule 901:10-3-06(d) of the Administrative Code, the runoff and direct precipitation from a one-hundred year, twenty-four hour rainfall event.

(p) The director may determine that the monitoring required in subparagraphs (A)(4)(f), (A)(4)(n) and (A)(4)(o) of this rule may use alternative monitoring devices. Alternative monitoring devices include, but are not limited to, sensors, remote sensors, electronic alarms, wireless receivers, other real time warning systems, or other flow control structure, or other steady state overflow structures.

(i) The owner or operator shall identify the alternative monitoring devices in the manure management plan submitted to the director. In approving the manure management plan, the director may approve the alternative monitoring devices.

(ii) The director may notify the owner or operator in writing to cease use of alternative monitoring devices if at any time that the director or the director’s representative find that the operating record and documents maintained as required by this rule contain false or misleading information.

(q) Actions to be taken means actions to correct any deficiencies found as a result of the inspections conducted under this rule. Deficiencies are to be corrected as soon as possible and listed in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

Replaces: 901:10-2-08

Effective: 09/15/2005

R.C. 119.032 review dates: 08/15/2010

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

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

Prior Effective Dates: 07/02/2002

(A) To the extent that manure is not managed through distribution and utilization methods in accordance with rule 901:10-2-11 of the Administrative Code, then the owner or operator shall prepare a manure management plan with a total nutrient budget for the facility based on the following:

(1) Targeted crop yields based on actual crop yields;

(2) Soil productivity information;

(3) Historical yield data;

(4) Potential yield; or

(5) Combinations of yield data.

(B) The manure management plan shall include the quantity of manure and manure nutrients for a twelve month period as derived from rule 901:10-2-10 of the Administrative Code.

(C) The manure management plan shall include the total summary of acres of land to be used for land application sites. This summary includes the land that is available for the duration of the permit and the land that is available for manure that is generated by the facility. The total summary shall be further characterized as follows:

(1) The total nutrient budget requirements on land application sites under the control of the owner or operator; and

(2) The quantity of commercial fertilizer nutrients or residual nutrients from all sources to be applied on land application sites under the control of the owner or operator for a twelve month period; and

(3) The quantity of nutrients to be managed by the owner or operator through distribution and utilization methods utilized for a twelve month period, in accordance with rule 901:10-2-11 of the Administrative Code.

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

The manure management plan shall contain information on manure to allow the owner or operator to plan for nutrient utilization at recommended agronomic rates and to minimize nutrient runoff that may impact waters of the state.

(A) Unless submitted as a permit to install application subject to paragraph (C) of rule 901:10-2-01 of the Administrative Code or for an operational change to be made to the manure management plan in accordance with rule 901:10-1-09 of the Administrative Code, manure shall be characterized by the owner or operator by analysis of manure from the manure storage and treatment facility, utilizing an actual sample from the facility. Manure characterization shall describe the manure by the per cent of liquid content, the per cent of solids content and/or manure density and shall follow the sampling procedures for manure sampling and analysis in “Recommended Methods of Manure Analysis” (a 3769), University of Wisconsin Extension, 2003. For a permit to install application as required by paragraph (C) of rule 901:10-2-01 of the Administrative Code or for an operational change or major operational change to be made to the manure management plan in accordance with rule 901:10-1-09 of the Administrative Code, the owner or operator must utilize the table appended to this rule.

(1) Total manure production quantified:

(a) Pounds per day; or

(b) Tons per year; or

(c) Cubic yards per day; or

(d) Gallons per day.

(2) Nutrient content quantified:

(a) Pounds per day; and/or

(b) Pounds per ton; or

(c) Pounds per one thousand gallons.

(B) The manure management plan shall contain an estimate, supported by calculations of the quantity and total nutrient content of manure produced, stored and treated during a twelve month period along with a schedule for manure removal or manure transfer for purposes of land application. Manure may be removed based on results of inspections conducted pursuant to paragraph (A)(3)(f) of rule 901:10-2-08 of the Administrative Code or in accordance with distribution and utilization methods.

(C) At a minimum, manure from each manure storage or treatment facility shall be analyzed annually for the following: total nitrogen; ammonium nitrogen; organic nitrogen; phosphorus; potassium; and per cent total solids.

(D) In addition to the minimum requirements for annual manure analysis in paragraphs (A) to (C) of this rule, any manure with wastes that are process waste water, shall be characterized annually by the owner or operator by utilizing an actual sample from the facility, provided, however that for a permit to install application as required by paragraph (C) of rule 901:10-2-01 of the Administrative Code or for an operational change to be made to the manure management plan in accordance with rule 901:10-1-09 of the Administrative Code, the owner or operator may utilize a sample from a similar facility or by relying upon on existing published or documented data.

(E) Results of analyses and estimates conducted in paragraphs (A) to (D) of this rule shall be recorded in the operating record and shall be submitted as part of the annual report to the director required by rule 901:10-2-20 of the Administrative Code. Results of the manure analysis conducted in paragraph (C) of this rule shall be recorded in the operating record.

(F) After conducting manure analysis required in paragraph (C) of this rule, the owner or operator may request approval from the director for a major operational change to reduce the number of samples needed to be representative of each manure storage and treatment facility and to utilize composite sampling and analysis. The director may approve a request provided all of the following apply:

(1) The owner or operator submits a written request to the director along with copies of manure analyses from manure storage or treatment facilities from the same permitted facility;

(2) Manure analyses for three consecutive years demonstrate that analytical results are the same or similar for each manure storage or treatment facility at the permitted facility; and

(3) The owner or operator acknowledges that the director may notify the owner or operator in writing that the owner or operator shall comply with paragraph (C) if at any time the director or the director’s representative find that composite sampling is no longer representative for reasons that include, but are not limited to:

(a) Changes in feed and feed rations;

(b) Age, size, or type of animals;

(c) Changes in clean out times;

(d) Changes in building design, such as changes in ventilation;

(e) Changes due to diseases and actions taken to eliminate disease.

(G) The manure management plan shall contain information on manure to allow the owner or operator or the person accepting manure under rule 901:10-2-11 of the Administrative Code to plan for nutrient utilization.

Appendix to rules 901:10-2-04 and 901:10-2-10

Manure Production Characteristics

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-10_PH_FF_N_APP1_20050817_1128.pdf

Replaces: 901:10-2-10

Effective: 09/15/2005

R.C. 119.032 review dates: 08/15/2010

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

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

Prior Effective Dates: 07/02/2002

(A) If the owner or operator elects to use distribution and utilization methods, the following is required:

(1) The owner or operator may submit distribution and utilization methods for the beneficial use of manure as part of the manure management plan.

(2) If the owner or operator decides to use distribution and utilization methods then the owner or operator shall provide a copy of appendices A and F of rule 901:10-2-14 of the Administrative Code, and a copy of the most recent analytical results that list the nutrient content of the manure based on an analysis consistent with the rules to the manure recipient The owner or operator shall record in the operating record the name and address of the manure recipient, the date of distribution, and the approximate amount of manure in tons or gallons distributed on that date.

(3) In addition to the information in paragraph (A)(2) of this rule, if the owner or operator decides to use distribution and utilization methods for liquid manure, then the owner or operator shall also provide a copy of appendix B, the available water capacity chart that illustrates how to comply with the requirements of rule 901:10-2-14 of the Administrative Code.

(B) All of the information in paragraphs (A)(1) to (A)(3) of this rule shall be recorded in the operating record as described in rule 901:10-2-16 of the Administrative Code.

(C) An estimated amount of total manure transferred to other persons by the owner or operator in the previous twelve months (tons/gallons) shall be reported in the annual report required by rule 901:10-2-20 of the Administrative Code.

(D) If the owner or operator is notified by the director, or otherwise becomes aware that the recipient is not in compliance with rule 901:10-1-06 of the Administrative Code or best management practices set forth in chapter 1501:15-5 of the Administrative Code or with other applicable laws and rules, the owner or operator shall cease providing manure to the recipient until written authorization to continue is provided by the department.

[Comment: Distribution and utilization may include land application, composting, vermiculture and alternative fuel source uses.]

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

(A) A manure management plan shall include best management practices to minimize odors. These best management practices shall be identified in the manure management plan and shall be compatible with the overall content of the manure management plan. These best management practices may include the following:

(1) Remove, transfer and land apply manure at optimum temperatures;

(2) Remove, transfer and land apply manure when wind direction is less likely to affect neighboring residences;

(3) Promptly inject or incorporate manure to minimize odors; or

(4) If manure is applied by spray irrigation, use appropriate pressure and nozzles.

(5) Additional controls on odor are included in the appendix to rule 901:10-2-06 of the Administrative Code. The information appended to rule 901:10-2-06 of the Administrative Code includes waste treatment systems that control and promote additional treatment reduction of odor.

HISTORY: Eff 7-2-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 903.03

Rule amplifies: RC 903.04, 903.10

R.C. 119.032 review dates: 07/02/2007

The manure management plan shall contain information on soils to allow the owner or operator to plan for nutrient utilization at recommended agronomic rates and to minimize nutrient runoff to waters of the state. Soil shall be sampled and analyzed by utilizing the following procedures:

(A) At a minimum, soil samples shall be taken to a uniform depth and the fertility analysis shall include: pH, phosphorus, potassium, calcium, magnesium and cation exchange capacity.

(B) Soil fertility analysis shall be conducted in accordance with Publication 221, “Recommende Chemical Soil Test Procedures for the North Central Region; Published by the North Central Regional Committee on Soil Testing and Plant Analysis (NCR-13), North Dakota Agricultural Experiment Station.”

(C) Soil samples shall be representative of a land application site with one composite soil sample representing no more than twenty-five acres or one composite soil sample for each land application site, whichever is less.

(D) The manure management plan shall specify the soil sampling frequency in accordance with the following requirements:

(1) A site that receives manure shall be soil tested, at a minimum, once every three years and

(2) If any land application site used by the owner or operator the land application site shall be sampled at least six months following application.

(E) Results of the soil sampling events in paragraphs (A) to (D) of this rule shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code and shall include the location of the soil sample collection site, the depth of the sample collected and the analysis.

(F) In developing appropriate manure application rates for land application methods in accordance with rule 901:10-2-14 of the Administrative Code, the owner or operator shall use the Bray P1 soil test level or equivalent appropriate phosphorus soil test, (Mehlich III, Olsen, phosphorus retention test), or other test methods approved by the director. The owner or operator shall choose a phosphorus soil test method and identify the selected method in the manure management plan.

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, 903.08, 903.082, 903.09, 903.10

Prior Effective Dates: 07/02/2002

This rule establishes best management practices that govern land application of manure on land application sites. The land application of manure at each land application site shall be conducted to utilize nutrients at agronomic rates, and to minimize nutrient runoff to waters of the state and shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code. The discharge of manure to waters of the state from a facility as a result of application of that manure by the facility to land areas under its control is a discharge from that facility subject to NPDES requirements except where it is an agricultural stormwater discharge as defined in rule 901:10-1-01 of the Administrative Code. Where manure has been applied in accordance with an approved manure management plan, a precipitation-related discharge of manure from land areas under the control of the facility is agricultural stormwater discharge.

(A) The manure management plan shall contain procedures on how manure shall be transported to land application sites in a manner that minimizes loss or spillage, and how spills will be promptly cleaned up or removed.

(B) Manure application rate – testing criteria:

(1) The manure application rate shall be based on the land application site’s soil tests conducted in accordance with rule 901:10-2-13 of the Administrative Code and that are no older than three years.

(2) The manure application rate shall be based on the most current manure test results conducted in accordance with rule 901:10-2-10 of the Administrative Code. The manure test results expressed as a nutrient percentage shall be converted into either pounds per ton of dry or wet manure or pounds per one thousand gallons of liquid manure.

(C) Manure application rate – general criteria: The manure application rate shall be based on the most limiting factor of rates derived from paragraph (B) of this rule and of paragraphs (C) to (E) of this rule, whichever is determined to be the most restrictive factor for purposes of protecting waters of the State.

(1) For liquid manure:

(a) The crop nitrogen requirements or removal as described in paragraph (D) of this rule and as expressed in thousands of gallons of manure per acre;

(b) The crop phosphorus requirements or removal as described in paragraph (E) of this rule and as expressed in thousands of gallons of manure per acre;

(c) The restrictions on the rate of liquid manure application, taken from notes (1) and (5) in appendix A table 2 of this rule, with volume expressed as a measure of gallons per acre or inches per acre;

(d) The application rate shall not exceed the available water capacity of the soil as described in appendix B of this rule; and

(e) The application rate shall be adjusted to avoid surface ponding and/or runoff from a land application site.

(2) For solid manure:

(a) The crop nitrogen requirements or removal of nitrogen as described in paragraph (D) of this rule expressed in pounds per ton of dry manure per acre;

(b) The crop phosphorus requirements or removal as described in paragraph (E) of this rule expressed in pounds per ton of dry manure per acre; or

(c) The restrictions on the volume of solid manure applied, taken from notes (1) and (5) in appendix A table 2 of this rule with volume expressed as a measure of tons/acre.

(3) All land applications of manure shall comply with all restrictions contained in appendix A of this rule unless a compliance alternative is submitted in the manure management plan and approved by the director. As a compliance alternative, the concentrated animal feeding operation may demonstrate that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot setback or a thirty five foot vegetated buffer.

Comment: The Natural Resources Conservation Service and the Ohio State University have conducted extensive research on manure injection and manure incorporation on all representative Ohio soil types. Refer to United States Department of Agriculture – Natural Resource Conservation Service. Field Office Technical Guide – Conservation Practice Standard 633. Columbus, Ohio, June 2003, revised August 2004.

(4) For all land application of liquid manures, the owner or operator shall maintain or have access to methods or devices to capture or stop subsurface drain flow if liquid manure reaches the subsurface drain outlets. Use of drain outlet plugs or other devices shall be recorded in the operating record in accordance with rule 901:10-2-16 of the Administrative Code.

(5) Calculate the total amount of nitrogen and phosphorus to be applied to each field, including sources other than manure such as commercial fertilizer or other organic by-products.

(6) Land application of manure shall not occur if the forecast contains a greater than fifty per cent chance of precipitation as determined in “Managing Manure Nutrients at Concentrated Animal Feeding Operations, Appendix M, United States Environmental Protection Agency, EPA-821-B-04-006, August 2004,” exceeding an amount of one-half inch for a period extending twenty-four hours after the start of land application. Record weather conditions in the operating record for conditions at the time of application and for twenty-four hours prior to and following application.

(D) The manure application rate for nitrogen shall be based on the following criteria:

(1) The application rate for nitrogen shall be based on utilization of crops at the recommended agronomic rates and based on minimum runoff and leaching that may impact waters of the state.

(2) In determining the agronomic rate for nitrogen, the owner or operator shall do the following:

(a) Determine the nitrogen requirements or removal rates for the realistic yield goal of planned crops using nutrient amounts from appendix C tables 1, 2 or 3 of this rule.

(b) Subtract the nitrogen credit for crop residue, legumes, and other sources of nitrogen to be given to the next corn crop in accordance with values for previous crops given in appendix C, table 4 of this rule;

(c) When applying nitrogen to a grass or legume cover crop that is growing or being established immediately after manure application, manure can be applied at the recommended nitrogen rate for the next non-legume crop or the nitrogen removal rate for the next legume crop.

(3) In determining how to minimize nitrogen leaching that may impact waters of the state, the owner or operator shall do the following:

(a) Assess each land application site with the Ohio nitrogen leaching risk assessment procedure contained in appendix C, table 5 of this rule;

(b) If the nitrogen leaching risk assessment procedure completed in accordance with paragraph (D)(3)(a) of this rule demonstrates that the land application site has a high nitrogen leaching potential and no growing crop, then application of manure shall be limited to fifty pounds of nitrogen per acre calculated at the time of application prior to October first.

(4) In calculating the actual rate of application of nitrogen from manure, the figures in appendix C, table 6 of this rule shall be used along with the manure test results conducted according to rule 901:10-2-10 of the Administrative Code.

(5) The criteria applicable to manure application and the requirements of paragraph (D) of this rule may be changed only if the owner or operator can demonstrate to the director nutrient insufficiency in accordance with the presidedress nitrate soil test procedures of tables 7 and 8 in appendix C of this rule.

(E) Manure application rate phosphorus criteria:

(1) The application rate for phosphate applications shall be based on the following:

(a) Estimated plant uptake by crops at the recommended agronomic rates;

(b) Soil test analysis obtained pursuant to rule 901:10-2-13 of the Administrative Code;

(c) Subsequent phosphorus removal in plant biomass; and

(d) Minimum runoff that may impact waters of the state.

(2) In determining the agronomic rate for phosphate application, the owner or operator shall do the following:

(a) Determine the phosphorus requirements for the realistic yield goal of planned crops and/or crop rotations using amounts from appendix C, table 1 or appendix D, tables 1 to 5 of this rule.

(b) The application rate for phosphorus shall not exceed the rate provided in appendix C, table 1 or appendix D, tables 1 to 5 of this rule, unless following the procedures in paragraph (E)(3) of this rule.

(3) In determining how to minimize phosphorus runoff that may impact waters of the state, the owner or operator shall do the following and apply no more than the value as determined by Table 2 of appendix E of this rule:

(a) Prior to the land application of manure, a land application site shall be assessed with either the phosphorus index risk assessment procedure in appendix E, table 1 of this rule or the phosphorus soil test risk assessment procedure in appendix E, table 2 of this rule;

(b) Application of phosphorus shall not occur on land with soil tests over one hundred fifty parts per million Bray P1 or equivalent unless the owner or operator can demonstrate an alternative to the director through the use of the phosphorus index risk assessment procedure contained in appendix E Table 1 of this rule.

(c) Phosphorus applications between two-hundred and fifty pounds per acre and five hundred pounds per acre are not recommended but may be made if the values for liquid manure exceed sixty pounds phosphorus per one thousand gallons and if the values for solid manure exceed eighty pounds phosphorus per ton and application is subject to these additional requirements:

(i) No manure application shall occur on land with soil tests that exceed more than one hundred parts per million Bray P1;

(ii) No manure application shall occur on frozen or snow-covered ground;

(iii) The manure shall be incorporated within twenty-four hours;

(iv) No additional phosphorus application shall be made for a minimum of three years on fields with soils tests that measure less than forty parts per million Bray 1 or equivalent; and

(v) No additional phosphorus application shall be made for a minimum of five years on fields with soils tests between forty and one-hundred parts per million Bray P1 or equivalent.

(d) Notwithstanding the procedures in paragraph (E)(3)(a) or (E)(3)(b) of this rule but subject to the restrictions in appendix B of this rule, for a single phosphorus application in a year, the application rate shall not exceed five hundred pounds per acre of phosphorus.

(F) Land application for crops or other uses not listed in appendixes C and D of this rule will be considered on a case-by-case basis. The owner or operator shall submit existing published or documented data that is acceptable to the director.

(G) General criteria for frozen and snow-covered ground. In addition to complying with all of the criteria in paragraphs (A) to (F) of this rule, the following actions are required for surface application of manure to land with frozen or snow-covered ground.

If manure can be injected or incorporated then the land application site is not frozen or snow covered and therefore subject to paragraphs (A) to (F) of this rule.

The owner or operator shall comply with rule 901:10-2-08 of the Administrative Code and this rule and use best efforts to avoid surface application of manure to frozen or snow covered ground by ensuring enough manure storage capacity by November of each year for a minimum of one hundred twenty to one hundred eighty days.

Manure injection or manure incorporation performed within twenty-four hours at the land application site or manure stockpiling at the land application site are preferred alternatives to surface application of manure.

In the event that surface application of manure on frozen or snow-covered ground is unavoidable, then application shall be performed in accordance with all of the following requirements in paragraph (G)(1) of this rule.

(1) Application.

(a) Prior approval for surface application of manure shall be obtained from the director or his designated representative.

(b) Except as required by paragraph (G)(1)(g) of this rule, the application rate is limited to ten wet tons per acre for solid manure with more than fifty per cent moisture and five wet tons per acre for manure with less than fifty per cent moisture.

(c) Except as required by paragraph (G)(1)(g) of this rule, liquid manure the application rate is limited to five thousands gallons per acre.

(d) Applications are to be made on land with at least ninety per cent surface residue cover at the time of application such as good quality hay or pasture field, all corn grain residue remaining after harvest, and all small grain residue cover remaining after harvest. Vegetation or residue shall not be completely covered by ice or snow at the time of application.

(e) Manure ponding shall be prevented. Manure shall not be applied on more than twenty contiguous acres. Contiguous areas for application are to be separated by a break of at least two hundred feet. Areas that are furthest from steams, ditches, waterways, surface waters are to be utilized in preference to areas with the potential for surface water runoff.

(f) Setbacks from surface waters and conduits to surface waters, (including grassed waterways and surface drains) shall be a minimum of two hundred feet. Setbacks shall have at least ninety percent surface residue cover and vegetation or residue shall not be completely covered by ice or snow at the time of application.

(g) For application fields with slopes greater than six percent, manure shall be applied in alternating strips sixty to two hundred feet wide generally on the contour, or in the case that the field is managed in contour strips with alternative strips in grass or legume, manure shall only be applied on alternative strips. Manure application rates shall be determined for each separate application strip area and not the area of the entire application field.

(h) Any manure application with phosphorus exceeding two hundred and fifty pounds per acre is prohibited.

(2) Monitoring.

(a) Concentrated field surface drainage and tile outlets shall be visually monitored at the conclusion of manure application and periodically afterwards when weather, temperature increase, snowmelt and rainfall are likely to produce manure runoff. Periodic visual monitoring shall continue until manure is assimilated into the application field and is no longer likely to discharge into waters of the state.

(b) Upon discovering a discharge, the owner or operator shall comply with rule 901:10-2-17 of the Administrative Code.

(c) In the event that the owner or operator fails to comply with the land application requirements for frozen or snow covered ground, including but not limited to prior notice to the department, notice of discharges, monitoring and record keeping, for more than two surface land application events, then land application on any frozen or snow-covered shall be prohibited for that owner or operator for the duration of the permit upon receipt of a notice of deficiencies resulting in noncompliance pursuant to section 903.17 of the Revised Code.

(d) On and after April 1, 2007, in addition to the requirements for visual monitoring and reporting in paragraph (G)(2)(a) of this rule the director may require the owner or operator to collect representative grab samples from discharges of manure from the land application site.

Appendix A to rule 901:10-2-14: How to Use the Appendices to this Rule.

Refer to Appendix A, Tables 1 and 2 – Soils Prone to Flooding through Appendix F, Most Limiting Manure Application Rates of rule 901:10-2-14 of the OAC.)

1. Determine if the site has soils that are prone to flooding and when the expected flooding seasons are (Appendix A, Table 1). Note that applications can only be made to soils prone to flooding at times outside the predicted flooding season. All applications to soils prone to flooding must be incorporated within 24 hours and must follow the setbacks in Appendix A, Table 2.

2. Determine if a solid or liquid manure application will be performed. Determine if solid manure will be stockpiled at the land application site. Stockpiles must meet the setbacks described in column 1 of Appendix A Table 2.

3. For liquid manure applications, follow Appendix B, Available Water Capacity Chart, and Appendix F, Most Limiting Manure Application Rates Chart (Table 1 – tiled fields, Table 2 – non-tiled fields). For solid manures, follow Appendix F, Most Limiting Manure Application Rates Chart.

4. Determine the nutrient removal for the expected cropping sequence using Appendix C, Tables 1-3. Determine residual nitrogen credits for the expected cropping sequence using Appendix C, Table 4.

5. Determine the nitrogen leaching potential of the field based on Appendix C, Table 5, Nitrogen Leaching Assessment Procedure. Note that all tiled fields have a high nitrogen leaching potential. High nitrogen leaching potential fields must have application rates less than or equal to 50 lb/ac as applied nitrogen (calculated by adding NH4-N to 1/3 Organic N) from June – October 1st unless the field has a cover crop planted.

6. Use the current manure analysis and the relevant sections of Appendix C Tables 6-7 through Appendix D, Tables 1-5 to determine the amount of manure nutrients available for crop production.

7. Use Appendix E, Table 1 (P-Index) if the Bray P1or equivalent value of the soil test is over 150 ppm. P-Index may only be relied upon for a transitional period of time to allow the owner or operator an opportunity to find other fields or other methods to distribute nutrients from of the facility in order to achieve less than 150 ppm Bray P1 soil test method.

8. Use Appendix F, Most Limiting Manure Application Rates Chart, Nitrogen, P2O5, K2O, Rate (tons or gallons per acre), or Available Water Capacity to determine the application rate. The selected application rate must be the most restrictive of the five “Limiting Application Rate Criteria” for each Field Situation & Time of Year.

Other Notes:

9. When using Appendix F, although not recommended, Phosphate manure application rates can be made between 250-500lb/ac/yr in cases where liquid manure exceeds 60 lbs. P2O5 per 1000 gallons or solid manure that exceed 80 lbs. P2O5 per ton. The following criteria also apply: manure must be incorporated within 24 hours and no applications can be made on either frozen or snow covered ground or fields with soil tests over 100 ppm Bray P1; soil tests less than 40 ppm Bray P1 shall have no further P additions for 3 years; soil tests between 40 – 100 ppm Bray P1 shall have no further additions of P for 5 years; no other limiting criteria can be violated.

10. When using legumes as a nitrogen removal source, the maximum legume nitrogen removal must be less than or equal to 150 lbs./ac.

11. When applying liquid manure to tiled fields, the following criteria must be followed (except for growing crops):

11a. Applications must be less than or equal to 0.5” or 13,576 gal/ac.

11b. Use a tool (AERWAY tool or similar tool) that can disrupt/close (using horizontal fracturing) the preferential flow paths in the soil, or till the surface of the soil 3-5” deep to a seedbed condition to soak up the liquid manure and keep it out of preferential flow channels.

11c. If injection is used, it should only be deep enough to cover the manure with soil. Till the soil at least 3” below the depth of injection prior to application. Tillage prior to application will be considered incorporation of the manure.

11d. The outlets must be monitored before, during, and after application AND provisions planned to plug the tile or capture the tile flow if liquid manure reaches the tile outlets. If No-till or pastures are used for applications, tiles must be plugged.

12. If manure is to be applied on frozen or snow covered ground, the field must have at least 90% surface residue cover (e.g. good quality hay or pasture field, all corn grain residue). For applications to or frozen or snow covered ground, manure shall not be applied on more than 20 contiguous acres. Contiguous areas for application are to be separated by a break from streams, ditches, waterways, surface water, etc (areas that present the least runoff potential and are furthest from surface water The setbacks in column 3 should be followed. Prior approval must be obtained from the ODA, Livestock Environmental Permitting Program before frozen or snow/ice covered ground surface manure applications. If manure can be incorporated within 24 hours on frozen ground, approval from ODA, Livestock Environmental Permitting Program is not required.

13. For surface manure applications, follow the setbacks in column 2. For incorporation within 24 hours or injection, follow the setbacks in column 4.

Appendix A Table 1 to rule 901:10-2-14 Soils Prone to Flooding

Soils         Month

Abscota Variant Feb-Jun

Adrian Nov-May

Aetna Dec-Jun

Algansee Nov-May

Algiers Nov-Jun Frequently flooded

Algiers Dec-Jun Occasionally flooded

Alluvial land Nov-Dec Long duration

Alluvial land Jan-Dec Very long duration

Ashton Dec-May

Beaucoup Mar-Jun

Bonnie Oct-Jun

Brookston Dec-May

Carlisle Nov-May

Ceresco Mar-May

Chagrin Nov-May

Chavies Nov-Mar

Clifty Nov-May

Coblen Nov-Jun

Cohoctah Nov-Apr

Cuba Jan-May

Defiance Jan-May

Edwards Sep-May

Eel Oct-Jun

Eel variant Jan-May

Elkinsville Jan-Dec

Euclid Dec-Jun

Fitchville Dec-Jun

Flatrock Dec-Apr

Flatrock, limestone substratum Nov-Apr

Fluvaquents Nov-Jun

Genesee Oct-May

Genesee variant Jan-May

Gessie Oct-May

Glendora Jan-Dec

Grigsby Dec-Apr

Hackers Jan-Apr

Harrod Nov-Jun

Hartshorn Nov-May

Haymond Dec-May

Holly Sep-May Frequently flooded, very long duration

Holly Nov-May

Holton Dec-Jun

Huntington Dec-May

Joliet Apr-Jun

Jules Mar-Jun

Kerston Mar-May

Killbuck Jan-Dec

Kinn Dec-Apr

Knoxdale Dec-Apr

Kyger Nov-May

Landes Jan-Jun

Landes variant Nov-Jun

Lanier Nov-Jun

Latty Jan-May

Lenawee Mar-May

Lindside Dec-Apr

Linwood Nov-Jun

Lobdell Jan-Apr Frequently flooded

Lobdell Nov-Apr

Martinsville Jan-Apr

Martisco Mar-Jun

McGary variant Jan-Dec

Medway Nov-Jun

Medway variant Nov-May

Medway, limestone substratum Nov-Dec

Melvin Sep-May Frequently flooded, long duration

Melvin Dec-May

Mentor Jan-Dec

Millgrove Nov-Jun

Montgomery Nov-May

Moshannon Dec-May

Muskego Nov-May

Newark Dec-Apr

Newark variant Jan-Apr

Nolin Feb-May

Nolin variant Feb-Apr

Olentangy Nov-Dec

Orrville Nov-May

Otego Nov-Dec-

Papakating Nov-Jun

Patton Jan-Dec

Peoga Jan-Dec

Pewamo Mar-Apr

Philo Dec-May

Piopolis Mar-Jun

Pope Nov-Apr

Rockmill Sep-Jun

Romeo Mar-Jun

Ross Nov-Jun

Rossburg Nov-Jun

Sarahsville Dec-May

Saranac Nov-May

Scioto Nov-Jun

Sebring Nov-Jun Occasionally flooded

Senecaville Dec-Apr

Shoals Oct-Jun

Shoals variant Nov-May used in Miami, Putnam, and Richland Counties

Shoals variant Oct-Jun used in Champaign County

Shoals, till substratum Nov-Dec

Skidmore Dec-May

Sligo Mar-Apr

Sloan Nov-Jun

Sloan, till substratum Nov-Dec

Stanhope Nov-Dec

Stendal Jan-May

Stone Nov-Jun

Stonelick Nov-Jun

Stringley Nov-Jun

Taggart Jan-Dec

Tioga Nov-May

Tioga Variant Jan-Apr

Toledo Nov-May

Tremont Jan-Dec

Wabash Nov-May

Wabasha Sep-Jun

Wakeland Jan-May

Wallkill Sep-Jun

Wappinger Jan-Dec

Warsaw variant Jan-May

Wayland Nov-Jun

Wick Oct-Jun

Wilbur Oct-Jun

Willette Nov-Dec

Zepernick Nov-Jun

Zipp Dec-May

Appendix A Table 2 to rule 901:10-2-14: Land application restrictions and setbacks

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP37_20050817_1128.pdf

Appendix B to rule 901:10-2-14 Available Water Capacity (AWC)

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP5_20050817_1128.pdf

Appendix C Table 1 to rule 901:10-2-14 Nutrients removed in harvested portions of crops.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP7_20050817_1128.pdf

Appendix C Table 2 to rule 901:10-2-14 Nitrogen ratesa for corn based on yield potential.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP9_20050817_1128.pdf

Appendix C Table 3 to rule 901-10-2-14 Nitrogen rates for wheat based on yield potential.

Yield Potential bu/acre — Nitrogen rate pounds N to apply/acre

50 40

70 75

90+ 110

1. N rate is based on the relationship:

N (lb/acre) = 40 + [1.75 x (yield potential – 50)]

2. No nitrogen credits are made based on previous crop.

Appendix C Table 4 to rule 901:10-2-14 Residual nitrogen credits based on previous crop.

Previous Crop — N Credits Pounds of N

Corn, small grains 0

Soybeans 30

Grass sod 40

Established forage legume

Average stand (3 plants/ft2) b

Good stand (5 plants/ft) b

Annual legume cover crop 30

bN credits for established forage legume = 40 + 20 x (plants/to maximum of 140. ft2)

Appendix C Table 5 to rule 901:10-2-14 Ohio – Nitrogen Leaching Assessment Procedure

Ohio – Nitrogen Leaching Risk Assessment Procedure

Soils are classified as having a high, medium or low nitrogen leaching potential with relative index ratings from 0-10+ for their potential to leach nitrates below the root zone. The leaching potential is rated as high, medium or low by combining the soil’s hydrologic soil grouping (A, B, C, or D), the local county’s annual rainfall, and the local county’s season rainfall (October 1 to March 1).

To determine the soil’s nitrogen leaching potential, use the following procedure:

First, determine the soils hydrological soil grouping – A, B, C, or D. For this information, refer to USDA-NRCS Engineering Field Manual, Chapter 2 – Ohio Supplement (1989), Table 2.1, pages 2-42 through 2-83.

Second, Determine the local county’s annual rainfall and the local county’s season rainfall (October 1 to March 1). For this information, refer to USDA-NRCS Engineering Field Manual, Chapter 2 – Ohio Supplement (1989), Exhibit OH2-3, Supplement pages 1 through 4 and USDA-NRCS Engineering Field Manual, Chapter 2 – Ohio Supplement (1989), Exhibit OH2-1, and Sheets 1 through 3.

Third, refer to the table (next page) – Ohio (By County) Leaching Index Ratings for Soils by Hydrologic Groups (A, B, C, D) for the respective county to determine the soils relative leaching index rating.

(a) Soils with a rating of 0-2 have a low potential to leach nitrates below the root zone.

(b) Soils with a rating of 3-10 have a medium potential to leach nitrates below the root zone.

(c) Soils with a rating of 10+ have a high potential to leach nitrates below the root zone.

(d) All soils with systematic subsurface drains (tile) are rated high potential.

Ohio (By County) Leaching Index Ratings for Soils by Hydrologic Groups (A, B, C, D)

See Table at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP35_20050817_1128.pdf

Appendix C Table 6 to rule 901:10-2-14 Method of Calculating N Availability of Manures.

This table can be used to estimate the availability of ammonia and organic nitrogen in the soil. Only about one-third of the organic nitrogen in animal manure is available to crops during the year it is applied, and the remaining two-thirds, residual organic nitrogen, becomes part of the soil organic matter. It is mineralized or becomes available at the rate of approximately five per cent a year. Because ammonia is subject to high volatilization, incorporation factors of time of year and days until incorporation effect the availability of nitrogen.

The first column is the per cent of available ammonia from animal manure. The second column is the per cent of available organic nitrogen from animal manure. The third column is the time of year in which application can be made. The fourth column is the number of days till incorporation.

For example: Using the first row of data, if manure is applied in November, fifty per cent of the available nitrogen comes from ammonia and thirty-three per cent of the available nitrogen from residual organic nitrogen in manure if incorporated in less than five days.

Using the second row of data, if manure is applied in November, twenty-five per cent of the available nitrogen comes from ammonia and thirty-three per cent of the available nitrogen from residual nitrogen in manure if incorporation is more than five days after application.

See Table at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP16_20050817_1128.pdf

Appendix C Table 7 to rule 901:10-2-14 Nutrient Sufficiency Ranges for Corn, Soybeans, Alfalfa and Wheat.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP18_20050817_1128.pdf

Appendix C Table 8 to rule 901:10-2-14 Sidedress N fertilizer rates for corn, based on a presidedress nitrate soil test at the 4 to 6 leaf stage.

See Appendix athttp://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP20_20050817_1128.pdf

Appendix D Table 1 to rule 901:10-2-14 Phosphate (P2O5) Rate for Corn.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP22_20050817_1128.pdf

Appendix D Table 2 to rule 901:10-2-14 Phosphate (P2O5) Rate for Corn Silage.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP24_20050817_1128.pdf

Appendix D Table 3 to rule 901:10-2-14 Phosphate (P2O5) Rate for Soybeans.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP26_20050817_1128.pdf

Appendix D Table 4 of rule 901:10-2-14 Phosphate (P2O5) Rates for Wheat.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP28_20050817_1128.pdf

Appendix D Table 5 to rule 901:10-2-14 Phosphate (P2O5) Rates for Alfalfa.

See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP30_20050817_1128.pdf

Appendix E to rule 901:10-2-14.

Table 1 Phosphorus Index (P Index) Risk Assessment Procedure

The P Index is a procedure that combines well-established factors that influence the runoff of phosphorus to surface waters. Each of the factors is evaluated based on site-specific data and weighted according to its overall effect on phosphorus transport. Each of the site subvalues are added together to establish an overall site rating of low, moderate, high, or very high risk.

In most cases the use of the P Index will allow higher rates of Phosphorus application than the Phosphorus Soil Test Risk Assessment Procedure. The use of the P Index should be viewed as a continuous measure until other alternatives can be developed to utilize excess phosphorus produced on the farm.

Purpose:

The P Index is a planning tool designed to help identify fields or areas of fields on a farm that have a higher or lower risk of Phosphorus runoff from manure or other organic materials. Based on the risk assessment the appropriate land treatment and nutrient application treatments can be planned to minimize Phosphorus transport from the site.

Procedure:

Use the P Index Assessment Procedure Worksheet to determine the site’s overall P Index. Use the following guidance to determine each of the site’s subvalues. The subvalues are added together to determine the overall site P Index. The worksheet can be photocopied as needed. A “Field Summary Worksheet” is also available with this procedure to record a series of site/field values for a given farm. It can be photocopied as needed.

1. SOIL EROSION — Sheet and rill erosion as measured by the Revised Universal Soil Loss Equation (RUSLE) [USDA-NRCS (2001) National Soil Survey handbook, Section 618.55] or Wind Erosion Prediction Procedure (where wind erosion is the primary concern) [USDA-NRCS (2001) National Soil Survey handbook, Section 618.72]. Determine the predicted soil loss and multiply by (1) to determine the “soil loss” site subvalue.

2. CONNECTIVITY TO WATER — Defines the vulnerability of P to be transferred from the site to a perennial stream or water body. The more closely connected the runoff is from the field via concentrated flow (from a defined grassed waterway or surface drain) to a perennial stream or water body the higher the vulnerability of P transport. To determine the “connectivity to water” site subfactor ask the question: Does concentrated flow (via a defined waterway, tile inlet, or surface drain) leave the site? Read the value definitions to determine the site’s “connectivity to water” subvalue.

3. RUNOFF CLASS — This represents the effect of the Hydrologic Soil Group (A, B, C, D) combined with the effect of slope. This factor represents the site’s runoff vulnerability. Use the table below to determine the runoff class. The runoff class is the site’s subvalue.

Runoff Class Matrix – Phosphorus Index Values

4. SOIL “P” TEST (BRAY-KURTZ P1) – The soil test procedure using the Bray P1 extraction, or other extraction test calibrated to Bray P1, that provides an index of plant available P expressed in either ppm or lbs/ac (ppm X 2 = lbs/ac). Determine the Bray P1 value in PPM and multiply the PPM by (0.07) to determine the “soil P test site subvalue.

5. FERTILIZER P2O5 APPLICATION RATE – The amount of manufactured (commercial) phosphate fertilizer applied expressed in lbs/ac of P2O5. To determine the site’s subvalue multiply the year’s P fertilizer application rate by (0.05).

6. FERTILIZER P2O5 APPLICATION METHOD – Defines if the phosphate (P2O5) fertilizer is actually incorporated into the soil and the time interval between application and incorporation or if the fertilizer is applied over a given amount of crop residue. Incorporation or injection with the fertilizer application equipment or using a tillage tool operated a minimum of 3-4 inches deep to incorporate the P2O5 fertilizer. To determine the site’s subvalue select the description that most closely describes the method of application. The value with that description is the site’s subvalue.

7. ORGANIC P2O5 APPLICATION RATE – The amount of phosphate applied (expressed in lbs/ac of P2O5) from manure, sludge, or other bio-solids. To determine the site’s subvalue multiply the year’s P fertilizer application rate by (0.06).

8. ORGANIC P2O5 APPLICATION METHOD – Defines if the phosphate (P2O5) from the manure, sludge, or other bio-solids is actually incorporated into the soil, the time interval between application and incorporation, or if the manure/bio-solids are applied over a given amount of crop residue. Incorporation or injection with the application equipment or by using a tillage tool operated a minimum of 3-4 inches deep to incorporate the manure, sludge, or other bio-solids. To determine the site’s subvalue select the description that most closely describes the method of application. The value with that description is the site’s subvalue.

9. BUFFER STRIP – Deduct 2 points if field runoff flows via sheet flow through a designed filter strip – minimum 35 feet wide. For the type of buffer strip that is limited to the use of filter strips only, it is critical that sheet flow crosses the filter strip, not concentrated flow, to credit a 2 point deduction.

Phosphorus Index Risk Assessment Procedure Worksheet

See Worksheet at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP32_20050817_1128.pdf

Appendix E Table 2 of rule 901:10-2-14.

Phosphorus Soil Test Risk Assessment Procedure

Nitrogen and Phosphorus Application Criteria For Manure

See Appendix E Table 2 at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP34_20050817_1128.pdf

Appendix F to rule 901:10-2-14 Most Limiting Manure Application Rates.

Table 1. Most Limiting Manure Application Rates for Tiled Fields.

See Appendix F Table 1 at See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP39_20050817_1128.pdf

Appendix F to rule 901:10-2-14 Most Limiting Manure Application Rates.

Table 2. Most Limiting Manure Application Rates for Non-Tiled Fields.

See Appendix F Table 2 at See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/10/2/901$10-2-14_PH_FF_A_APP40_20050817_1128.pdf

Effective: 01/29/2007

R.C. 119.032 review dates: 11/09/2006 and 01/29/2012

Promulgated Under: 119.03

Statutory Authority: 903.08, 903.10

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

Prior Effective Dates: 9/15/2005

A manure management plan shall include a plan for the disposal of dead livestock. The plan shall include best management practices to burn, bury, render or compost consistent with sections 941.14, 953.26, and 1511.022 of the Revised Code. In the alternative, the owner or operator may choose to follow the requirements set forth in section 3734.02 of the Revised Code and rules promulgated thereunder. Records for implementing the plan for the disposal of dead livestock shall be included in the operating record set forth in rule 901:10-2-16 of the Administrative Code.

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

(A) An operati