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Ohio Laws and Rules
No later than one hundred eighty days before the expiration of a permit to operate or a NPDES permit, the owner or operator must submit an application to renew the permits. However the owner or operator of a facility need not continue to seek continued permit coverage under a permit to operate or a NPDES permit or reapply for permit coverage if the facility has ceased operation, if the facility is no longer a concentrated animal feeding facility or a concentrated animal feeding operation, or if the facility is no longer required to maintain permit coverage in the permit program in accordance with Section 903.082 of the Revised Code. In addition, the owner or operator shall demonstrate to the satisfaction of the director that there is no remaining potential for a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from land application areas.
(A) The owner or operator shall notify the director in writing and allow the director opportunity to inspect the facility to verify that a permit is no longer required and that the facility is closed for purposes of Chapter 903 of the Revised Code in accordance this rule. Thereafter, the director will notify the owner or operator in writing that the facility is closed in accordance with this rule.
(B) If all or part of the manure storage or treatment facility at a concentrated animal feeding facility or a concentrated animal feeding operation will be closed or discontinued, the owner or operator shall implement a closure plan for all or part of the manure storage or treatment facility. At least ninety days before closure, the owner or operator shall submit such a closure plan for the director’s approval that provides for the following:
(1) Implementation of best management practices during closure.
(2) Removal of all manure from the discontinued portions of the manure storage or treatment facility.
(3) Removal of all associated appurtenances and conveyance structures from uncovered liquid manure storage or treatment facilities.
(4) Land application of the manure in accordance with rule 901:10-2-14 of the Administrative Code or disposal in another manner allowed by these rules.
(C) If the manure storage or treatment facility will not be completely closed for purposes of Chapter 903 of the Revised Code, the owner operator shall apply for a permit modification removing the closed portions of the facility from the permit and recalculating the storage volume for the facility. If applicable, the owner or operator shall also submit an application for a permit to install.
(D) If no portion of a manure storage or treatment facility at a concentrated animal feeding facility or a concentrated animal feeding operation will be discontinued, the owner or operator shall, at least ninety days before closure, submit for the director’s approval, and thereafter shall implement, a closure plan that provides for the following:
(1) Implementation of best management practices during closure.
(2) Any other action necessary to prevent a discharge of manure that was generated while the operation was a concentrated animal feeding operation, other than agricultural stormwater from application areas.
Replaces: 901:10-2-18
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, 903.07, 903.08, 903.081, 903.082, 903.09, 903.10
Prior Effective Dates: 07/02/2002