Chapter 901:13-1 | Prevention

Rule 901:13-1-01 | General provisions.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) Purpose.

Chapter 901:13-1 of the Administrative Code applies to the control of pollutants from areas within the state used for agricultural production, including land being used for the production or keeping of animals or for the production of agricultural crops.

Chapter 901:13-1 of the Administrative Code establishes state standards for a level of management and conservation practices in farming and animal feeding operations on farms in order to abate excessive soil erosion or the pollution of waters of the state by soil sediment including pollutants attached to the sediment and animal manure. This chapter further define Ohio's pollution abatement grant program for landowners or operators to voluntarily install conservation practices.

The criteria in this chapter are intended for use in determining the acceptability of the level of management and conservation practices and for use by landowners and operators in planning, applying and maintaining appropriate management measures and conservation practices and to prevent the storage, handling, treatment, disposal, or land application of animal manure such that it is polluting or has a potential to pollute waters of the state contrary to these standards established by this chapter. Technical determinations by a district or the director shall be considered prima facie evidence of agricultural pollution.

(B) Definitions. As used in rules Chapter 901:13-1 of the Administrative Code:

(1) "Agricultural pollution" means failure to use management or conservation practices in farming operations to abate wind or water erosion of the soil or to abate the degradation of waters of the state by animal manure or soil sediment including substances attached thereto.

(2) "Agricultural production" means the commercial apiculture, animal husbandry or poultry husbandry, the commercial production of field crops, tobacco, fruits, vegetables, timber, nursery stock, sod or flowers or any combination of such husbandry or production and includes the processing, drying, storage, and marketing of food and fiber products and animals used for recreation, fur or wildlife purposes.

(3) "Agriculture animal" means any animal generally used for food or in agricultural production, including cattle, sheep, goats, rabbits, poultry, and swine; horses; alpacas; llamas; and any other animal included by the director of the Ohio department of agriculture by rule. "Agricultural animal" does not include fish or other aquatic animals regardless of whether they are raised at fish hatcheries, fish farms, or other facilities that raise aquatic animals.

(4) "Animal feeding operation" means an animal feedlot and animal manure management facilities and land application areas for managing and disposal of animal manure. "Animal feeding operation" does not include operations subject to Chapter 903 of the Revised Code, Chapter 6111. of the Revised Code, or division 901:10 of the Administrative Code.

(5) "Animal feedlot" means a paved animal feeding or holding area or other lot, pen, yard, or other feeding or holding area where grass or other suitable vegetative cover is not maintained.

(6) "Aquifer" means an underground consolidated or unconsolidated geologic formation, or series of formations that are hydraulically connected and that have the capability to receive, store, and yield usable quantities of water to wells. "Aquifer" does not include perched ground water.

(7) "Best management practice" or "BMP" means a practice or combination of practices that is determined to be the most effective practicable (including technological, economic, and institutional considerations) means of preventing or reducing agricultural pollution sources to a level compatible with water quality goals. BMPs may include structural and nonstructural practices, conservation practices and operation and maintenance procedures.

(8) "Conservation" means the wise use and management of natural resources.

(9) "Cost-share monies" means state of Ohio public funds used for the purpose of sharing the cost of establishing needed pollution abatement practices.

(10) "Department" means the Ohio department of agriculture.

(11) "Director" means director of the Ohio department of agriculture.

(12) "Director's designee" means any Ohio department of agriculture, soil and water conservation district employee, or soil and water conservation district supervisor who the director has given the responsibility to implement the agricultural pollution abatement program.

(13) "District" means a soil and water conservation district, organized under Chapter 940. of the Revised Code.

(14) "Ditch" means an excavation, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.

(15) "Diversion" means a channel constructed across the slope for the purpose of intercepting surface runoff.

(16) "Drainageway" means an area of concentrated water flow other than river, stream, ditch, or grassed waterway.

(17) "Erosion" means:

(a) The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.

(b) Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

(c) Erosion includes:

(i) "Gully erosion": the erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.

(ii) "Rill erosion": an erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils. The small channels formed by rill erosion would be obliterated by normal smoothing or tillage operations.

(iii) "Sheet erosion": the removal of a fairly uniform layer of soil from the land surface by wind or runoff water.

(18) "Field Office Technical Guide" means the localized document used by the soil and water conservation district and developed (current edition) by the natural resources conservation service, United States department of agriculture, which is available to all Ohio county soil and water conservation districts, available at http://www.oh.nrcs.usda.gov/technical/ohio_eFOTG.html and which provides:

(a) Soil descriptions;

(b) Sound land use alternatives;

(c) Adequate conservation treatment alternatives;

(d) Standards and specifications of conservation practices;

(e) Conservation cost-return information;

(f) Practice maintenance requirements;

(g) Erosion prediction procedures.

(19) "Grassed waterway" means a natural course or constructed channel that is shaped or graded to required dimensions and established with suitable vegetation to filter and convey runoff from fields, terraces, diversions or other concentrated runoff without causing erosion or flooding.

(20) "Ground water" means any water below the surface of the earth in a zone of saturation, but does not include a perched water table.

(21) "Manure" means any of the following wastes used in or resulting from the production of agricultural animals or direct agricultural products such as milk or eggs: animal excreta, discarded products, process waste water, process generated waste water, waste feed, silage drainage, and compost products resulting from mortality composting, on farm biodigester operation residue that includes at least seventy-five per cent manure, or the composting of animal excreta.

(22) "Manure storage or treatment facility" means any area or facilities used for the collection, storage, handling or treatment of manure.

(23) "Mortality composting" means the controlled decomposition of organic solid material consisting of animal mortality that stabilizes the organic fraction of the material.

(24) "Ohio soil and water conservation commission" means the seven member board that directs and recommends conservation policies and programs as authorized under section 940.02 of the Revised Code.

(25) "Ohio Livestock Manure Management Guide" means the 2006 edition of the "Ohio Livestock Manure Management Guide," bulletin 604, the Ohio state university extension, which is available at all county offices of Ohio state university extension, local soil and water conservation district offices, and at http://ohioline.osu.edu/b604.

(26) "Operation and management plan" means a written record, developed or approved by the district board of supervisors or the director, for the owner or operator of agricultural land or animal feeding operations that contains implementation schedules and operational procedures for a level of management and best management practices which will abate the degradation of the waters of the state by animal manure and by soil sediment including attached pollutants.

(27) "Permeability" means the quality of a soil horizon that enables water or air to move through it. Terms used to describe it are as follows: very slow, slow, moderately slow, moderate, moderately rapid, rapid, and very rapid, measured in inches per hour or inches per day.

(28) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, or any combination thereof.

(29) "Pollution" means failure to use management or conservation practices in farming operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by animal manure or soil sediment including pollutants attached thereto.

(30) "Prima facie evidence" means law evidence adequate to establish a fact or raise a presumption of fact unless refuted.

(31) "Primary contact recreation resource water" means waters that, during the recreation season of May first to October fifteenth, are suitable for full-body contact recreation such as, but not limited to, swimming, canoeing and scuba diving with minimal threat to public health as a result of water quality.

(32) "RUSLE" means the "Revised Universal Soil Loss Equation" which is a method used to estimate soil loss by sheet and rill erosion and wind erosion. This will be estimated using the current soil loss prediction technologies found in the "Field Office Technical Guide."

(33) "Saturated soil" means soil in which all voids between soil particles are filled with liquid.

(34) "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice, and has come to rest on the earth's surface.

(35) "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.

(36) "Snow pack manure" means the accumulation of snow and ice when combined with manure from animal feedlot.

(37) "Soil" means unconsolidated, erodible earth material consisting of minerals and organics.

(38) "Soil horizon" means a layer of soil, approximately parallel to the soil surface, with characteristics produced by soil-forming processes.

(39) "Soil loss" means soil moved from a given site by the forces of erosion and redeposited at another site, on land or in a body of water.

(40) "Stream" means a body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow may be seasonally intermittent.

(41) "Substantial", when referring to compliance with the provisions of an approved operation and management plan, means following the approved schedule of conservation practice implementation.

(42) "T" means the soil loss tolerance expressed in tons per acre per year. This represents the tons of soil (related to the specific soil series) which can be lost through erosion annually without causing significant degradation of the soil or potential for crop production.

(43) "Useful life" means the expected service life of a best management practice as defined by the "Field Office Technical Guide" or by the director.

(44) "Waters of the state" means all streams, lakes, ponds, wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, which are situated wholly or partly within, or border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.

(45) "Watershed in Distress" means a watershed, and boundaries thereof as established by the United States geological survey, which has aquatic life and health that is impaired by nutrients or sediment from agricultural land uses and where there is a threat to public health, drinking water supplies, recreation, or public safety and welfare.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/7/1992, 6/1/2000

Rule 901:13-1-02 | Overflow and discharge from animal manure collection, storage or treatment facilities.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator or person responsible for an animal feeding operation shall operate and maintain animal manure collection, storage, or treatment facilities so that overflow or discharge into waters of the state is prevented. Animal feeding operations found by the director or the director's designee to have failed to implement best management practices (BMPs) for animal manure collection, storage, or treatment facilities and have caused pollution to waters of the state shall develop, obtain approval, and implement modifications to facilities and operations according to the "Field Office Technical Guide" or other methods approved by the director or the director's designee. To prevent overflow and discharge from animal manure collection, storage, or treatment facilities the following should be taken into consideration:

(A) The number, weight, and kind of animals;

(B) The average seasonal weather patterns;

(C) Type of system and the required management;

(D) Method and seasonal time of utilization and application;

(E) Soil types;

(F) Cropping system (including tillage methods); and

(G) A reasonable storage safety factor to accommodate unexpected conditions. However, overflow or discharge occurring due to some infrequent storm event or other condition beyond the control of such person shall not indicate non-compliance with this provision if the planned or prescribed management system is followed.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/7/1992, 12/31/2015 (Emer.)

Rule 901:13-1-03 | Seepage from animal manure management facilities.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator or person responsible for an animal feeding operation shall design, construct, operate and maintain the operation to prevent seepage from animal manure management facilities fom entering waters of the state.

Consideration should be given to soils, geology and ground water where animal manure management facilities are located. Geologic investigations shall be made prior to design and construction of all earthen holding ponds and lagoons to identify the potential for pollution of waters of the state. Information collected from these investigations should be used in the design and construction of animal manure management facilities. Animal feeding operations found by the director or the director's designee to have failed to implement best management practices (BMPs) and have caused pollution to waters of the state shall develop, obtain approval, and implement modifications to animal manure management facilities according to the "Field Office Technical Guide" or other methods approved by the director or the director's designee.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989

Rule 901:13-1-04 | Manure contaminated runoff from feedlots and manure management facilities.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator or person responsible for an animal feeding operation shall prevent pollution from discharge of manure contaminated runoff from animal feedlots and animal manure management facilities.

Animal feeding operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent manure contaminated runoff from feedlots and animal manure management facilities and have caused pollution of waters of the state shall design, construct, operate, and maintain practices to prevent runoff (from feedlots and manure management facilities), according to the "Field Office Technical Guide" or other methods approved by the director or the director's designee. Pollution caused from a discharge of manure contaminated runoff from animal feedlots and animal manure management facilities may be prevented by best management practices including but not limited to:

(A) Constructing, operating and maintaining settling, grass filtration or soil infiltration systems in accordance with the criteria in the "Field Office Technical Guide" and as applicable, the "Ohio Livestock Manure Management Guide"; or

(B) Diverting land surface water and roof water away from the feedlot and animal manure management facilities; or

(C) Constructing roof coverings over feedlots, manure storage areas and composting facilities; or

(D) Providing appropriate manure storage such that land application of manure can be applied during periods of the year such that manure contaminated runoff does not pollute waters of the state; or

(E) Maintaining vegetative cover and protecting stream channels and areas adjacent to such channels from animal feeding operations; or

(F) Using any appropriate combination of paragraphs (A), (B), (C), (D), and (E) of this rule.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989, 10/3/2005

Rule 901:13-1-05 | Other waste waters.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, animal manure applicator or person responsible shall prevent pollution from waste waters including, but not limited to, milking facility waste waters and silage drainage. Animal feeding operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent waste water runoff and have caused pollution to waters of the state shall design, construct, operate, and maintain such facilities in accordance with the criteria in the "Field Office Technical Guide" or other methods approved by the director or the director's designee.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 11/1/1979, 5/1/1989, 5/7/1992

Rule 901:13-1-06 | Flooding of animal feeding operations.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, or person responsible for an animal feeding operation shall prevent pollution caused from flooding of animal feeding operations. Animal feeding operations shall not be constructed such that animal manure will be inundated by the twenty-five-year frequency flood. If the twenty-five year frequency flood elevation is not readily known, it shall be based on the best information available or by determining the water elevation associated with the twenty-five year frequency, twenty-four hour duration rainfall event.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 12/31/2015 (Emer.)

Rule 901:13-1-07 | Sheet and rill erosion.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, or person responsible for agricultural operations shall prevent pollution caused by sheet and rill erosion. Agricultural operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent sheet and rill erosion and have caused pollution to waters of the state shall apply and maintain conservation practices such that the predicted soil loss from sheet and rill erosion under current and planned cropping and management conditions, as predicted in the "Field Office Technical Guide," when combined with the predicted soil loss from wind erosion (if applicable) as determined under rule 901:13-1-09 of the Administrative Code, is equal to or less than permissible soil loss values (soil loss tolerance "T" factors) related to the specific soil series as specified in the "Field Office Technical Guide."

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 11/1/1979, 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-08 | Gully erosion.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, or person responsible for agricultural operations shall prevent pollution caused by gully erosion. Agricultural operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent gully erosion and have caused pollution to waters of the state shall apply and maintain BMPs such that the velocity of flow does not exceed the permissible velocities listed in the "Field Office Technical Guide."

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989, 11/15/1994, 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-09 | Wind erosion.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, or person responsible for agricultural operations shall prevent pollution caused by wind erosion. Agricultural operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent wind erosion and have caused pollution to waters of the state shall apply and maintain BMPs such that the predicted soil loss from wind erosion, under a given set of cropping and management conditions is equal to or less than "T" as predicted by the "Field Office Technical Guide."

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/7/1992, 11/15/1994, 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-10 | Exemption form.

• Effective: January 31, 2016
• Promulgated Under: 119.03

(A) An application for an exemption from the requirements in division (A) of section 939.08 of the Revised Code shall be made on a form approved by the director. The application may contain any information approved by the director, but must include the following information:

(1) The printed name, mailing address, city, county, township, telephone number and signature of the individual submitting the application.

(2) The street address, city, county, and township of the applicants farming operation in the western basin of lake Erie, if different from the mailing address provided in division (A)(1) of that section.

(3) The number and type of livestock stabled or confined on the farming operation in the western basin of lake Erie.

(4) An identification of whether the manure type produced on the farming operation is solid or liquid.

(5) The farms estimated number of days of manure storage capacity.

(6) An acknowledgement of whether the operation has been found to be in violation of any pollution laws within the last two years.

(7) An aerial photograph or map showing all fields where manure will be applied during the period of exemption.

(8) A summary explaining the necessity for requesting an exemption from division (A) of section 939.08 of the Revised Code.

(9) An affirmation that the applicant understands the provisions of sections 939.08 and 939.09 of the Revised Code.

(10) An affirmation that the applicant understands they must be in compliance with procedures established in the United States department of agriculture natural resources conservation service standard code 590 prepared for this state except procedures that are in conflict with sections 939.08 and 939.09 of the Revised Code.

(11) An acknowledgement by the local soil and water conservation district that the form has been reviewed by the district and is being submitted to the director.

(12) Information on programs that may assist an applicant in complying with division (A) of section 939.08 of the Revised Code.

(13) A place on the form that provides the applicant an opportunity to request technical assistance or information from the director or the applicable soil and water conservation district to assist the applicant to comply with division (A) of section 939.08 of the Revised Code.

(B) For an application to be deemed as having been submitted in accordance with division (D)(3) of section 939.09 of the Revised Code, it must be received by the director.

(C) For an application to be deemed complete, the application must contain all information required by that section. Any application failing to meet the requirements of this rule may be denied by the director.

Supplemental Information

Authorized By: 939.09
Amplifies: 939.08; 939.09
Five Year Review Date: 1/26/2022

Rule 901:13-1-11 | Land application of animal manure.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) Each owner, operator, animal manure applicator, or person responsible for land application of manure from an animal feeding operation shall minimize pollution from occurring on land application areas by following the standards in the "Field Office Technical Guide," or other appropriate methods or management practices approved by the director or the director's designee. In order to minimize the potential for pollution the following items shall be considered, including but not limited to: characteristics of the animal manure, available land, topography, cropping system, method of application, weather, time of the year, condition of the soil, other nutrients applied, and nutrient status of the soil.

(B) In watersheds in distress, each owner, operator, animal manure applicator, or person responsible for land application of manure, beginning two years after designation of a watershed in distress by the director:

(1) Shall not apply manure between December fifteenth and March first without prior approval for each application from director or the director's designee;

(2) Before December fifteenth and after March first shall not surface apply manure on frozen ground or ground covered in more than one inch of snow. Before December fifteenth and after March first it is permissible to apply manure on frozen or snow covered ground only when manure is injected or incorporated within twenty-four hours of surface application;

(3) May land apply snowpack manure when there is greater than four inches of snow or ice accumulation around animal feeding operations providing that manure accumulation on the animal feedlot does not exceed the volume accumulated with a three day scraping interval or one inch, whichever is less. Plans for any land application of snowpack manure must be incorporated into an approved nutrient management plan or each application shall be submitted for approval by the director or the director's designee;

(4) Shall keep records of manure storage volumes and ensure a minimum manure storage capacity of one hundred and twenty days on December first of each year;

(5) Shall not surface apply manure if the local weather forecast for the land application area contains a greater than fifty per cent chance of precipitation exceeding one-half inch for a period extending twenty-four hours after the projected start of the land application of manure. Records of the local weather forecast shall be kept and made available upon request by the director or the director's designee. Local weather forecasts and hourly weather graph information is available at www.noaa.gov.

(C) Upon designation by the director of any watershed as distressed, each owner, operator, animal manure applicator, or person responsible for land application of manure shall minimize pollution from occurring from land application areas by following applicable standards in the "Field Office Technical Guide," or other appropriate methods or management practices approved by the director or the director's designee. Failure to install or implement appropriate standards is a violation of this rule regardless of whether pollution to waters of the state has occurred.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/26/2018
Prior Effective Dates: 11/1/1979, 11/15/1994, 10/3/2005, 12/31/2015 (Emer.)

Rule 901:13-1-12 | Placing and sloughing.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator, or person responsible for agricultural operations shall prevent pollution caused by placing soil directly into or in such a position that it may readily erode or slough into waters of the state. Agricultural operations found by the director or the director's designee to have failed to implement best management practices (BMPs) to prevent sloughing of soil and have caused pollution to waters of the state shall apply and maintain BMPs to prevent soil sloughing from occurring. Agricultural operations shall not use earth disturbing practices, including tillage, immediately adjacent to waters of the state such that the disturbed soil is placed or may readily erode or slough into waters of the state, except for those practices constructed or implemented in accordance with generally accepted agricultural and engineering practices.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989, 5/7/1992, 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-13 | Composting of animal mortality.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Each owner, operator or person responsible for an animal feeding operation shall prevent pollution caused by composting of animal mortality. Animal feeding operations found by the director or the director's designee, which have failed to implement best management practices (BMPs) for composting animal mortality shall use the appropriate method, technique, or practice of composting as established in the "Field Office Technical Guide," or other such standard as approved by the director or the the director's designee.

The owner or operator of any existing or planned animal feeding operation, or owner of animals raised by an owner or operator of an animal feeding operation wishing to conduct composting of animal mortality resulting from the operation shall participate in an educational course concerning composting conducted by the Ohio state university extension service and obtain a certificate of course completion.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 11/15/1994, 10/3/2005, 12/31/2015 (Emer.)

Rule 901:13-1-14 | Agricultural pollution abatement cost sharing.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Cost share monies from the state may be available to assist landowners in installing needed best management practices which abate animal manure pollution, soil erosion or degradation of the waters of the state by soil sediment including pollutants attached thereto. Best management practices specified as eligible for cost sharing must require expenditures that are likely to exceed the economic returns to the owner or operator.

(A) The department may offer to share the cost of establishing eligible best management practices up to thirty thousand dollars per person per year. If other public funds are involved in cost sharing to establish an eligible best management practice or practices, state funds can be used only to the extent that the combined public funds amount to no more than seventy-five per cent of the cost of establishing the best management practice or practices, or not more than thirty thousand dollars per person per year, whichever is smaller. The maximum of thirty thousand dollars of public funds per person per year limit may be waived by majority vote of the Ohio soil and water conservation commission.

(1) Eligible practices include but are not limited to:

(a) Animal manure storage and treatment systems;

(b) Settling basins and filter strips;

(c) Critical area seeding and fencing;

(d) Off stream watering and stream crossing stabilization;

(e) Roofing and gutters;

(f) Water diversions;

(g) Grass waterways;

(h) Water and sediment control basins;

(i) Erosion control structures;

(j) Wetland treatment facilities;

(k) Composting facilities;

(l) Access roads;

(m) Heavy use protection pad;

(n) Drainage water management structures; and

(o) Other practices as approved by the Ohio soil and water conservation commission.

(2) Restrictions on use of cost share funds include:

(a) Eligible practices which, through natural causes, have lost their effectiveness, shall qualify for further financial assistance. However, cost share monies will not be awarded to reestablish previously installed practices which have deteriorated due to operator negligence or mismanagement.

(b) Surface mined lands and oil and gas well drilling areas must have been reclaimed and be in active agricultural production uses as determined by the director or the director's designee in order to be eligible for cost sharing on needed conservation practices.

(c) The director or the director's designee may only use cost share funds for those practices necessary to control agricultural pollution. Eligibility consists of those pollution control practices needed to directly control animal manure discharges and/or soil erosion exceeding "T" in order to meet standards in rules 901:13-1-02 to 901:13-1-13 of the Administrative Code.

(d) Cost share funds will be available only to owners and operators with a current operation and management plan.

(3) The director, subject to approval of the Ohio soil and water conservation commission, shall determine best management practices eligible for cost sharing, percentage rates of cost sharing for each best management practice and the maximum amount of cost sharing for each best management practice up to a maximum of thirty thousand dollars. Information about eligible practices will be maintained by the department and included in updates of its administrative procedures handbook available in district offices.

(B) All practices must meet the standards and specifications listed in the "Field Office Technical Guide", or other methods approved by the director or the director's designee.

(C) If approved by the director or the director's designee, a person may use a more elaborate or expensive practice; however, cost-share grants shall be based upon the estimated cost of the least expensive acceptable practice.

(D) Operating procedures.

(1) Practice installation.

(a) Design, construction and operation and management plans shall be submitted to the director or the director's designee for approval prior to implementation.

(b) The director or the director's designee shall inspect practice installation.

(2) Cost-share payment. Once a project has an approved cost-share application and installation is approved by the director or the director's designee, cost-share payment shall be granted.

(3) Maintenance and management of cost-shared best management practices.

(a) Best management practices installed with cost-share monies are to be maintained in good operating condition to assure continued effective control of agricultural pollution. Applicants for cost sharing must agree to care for, manage, and maintain such practices for their useful life as noted in the cost-share agreement. Failure to care for, manage, and maintain the practices shall obligate the owner or operator to full repayment to the department.

(b) If the land on which best management practices have been established with cost-share monies is sold, the new owner shall be responsible for maintaining the practices in good operating condition for their remaining useful life. The director or the director's designee shall inform the new owner of the responsibility to maintain and operate cost-shared practices.

(c) If the land on which best management practices were established with cost-share monies is sold for or converted to other uses than an agricultural production operation, the state may recover the cost-share monies paid for such practices from the cost-share recipient on a prorated basis, considering the useful life of the practice.

(d) The director or the director's designee shall monitor the management and maintenance of best management practices established with cost-share monies. Any failure to manage or maintain such practices, or conversion of such land to other uses than an agricultural production operation, shall immediately be reported to the department thereby subjecting a person to recovery of cost-share monies in accordance with paragraphs (D)(3)(a), (D)(3)(b) and (D)(3)(c) of this rule.

(e) Upon discovery by the director or the director's designee, pursuant to paragraph (D)(3)(d) of this rule, the director, after any necessary investigation determines that recovery of state cost-share funds is warranted, shall proceed to recover the cost-share monies pursuant to section 131.02 of the Revised Code, or other appropriate means.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 11/1/1979, 5/7/1992, 6/1/2000, 12/31/2015 (Emer.)

Rule 901:13-1-15 | Administrative procedures.

• Effective: April 1, 2016
• Promulgated Under: 119.03

The director will:

(A) Inform districts, their assisting agencies and other appropriate agencies of the state standards, criteria, and department policies for agricultural pollution abatement and cost-share programs for assisting owners and operators to install best management practices.

(B) Enter into cooperative agreements with the boards of supervisors of districts to implement the agricultural pollution abatement program. Such agreements shall spell out the responsibilities of both parties with respect to program implementation, administration and accounting, evaluation, recording accomplishments, quality control, and maintenance in obtaining compliance with rules and orders of the director pertaining to agricultural pollution abatement. The terms of such agreements shall be subject to approval by the Ohio soil and water conservation commission.

(C) Utilize the staff assistance of the districts and their assisting agencies to implement the state and other cost-share programs for installing eligible best management practices.

(D) Provide administrative guidance to districts in planning, budgeting, staffing, implementing, and administering the agricultural pollution abatement program and the training of district supervisors and personnel in their duties, responsibilities and authorities.

(E) Coordinate the development and implementation of cooperative programs and working agreements between districts and other agencies of local, state, and federal government regarding the agricultural pollution abatement program.

(F) Implement the agricultural pollution abatement program in a district in which the board of supervisors fails to negotiate an agreement with the department to carry out the program.

(G) Reserve the right to implement the agricultural pollution abatement program to resolve complaints.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989, 5/7/1992, 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-16 | Operating procedures.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) Operation and management plans. The district shall approve or disapprove operation and management plans at their regularly scheduled board meetings and shall maintain a record of their actions as part of their meeting minutes. Approved plans shall be signed by the chairman. Plans may also be submitted by the owner or operator to the director for approval. District boards of supervisors may establish such guidelines as may be needed for plan format and submission; however, all plans shall meet the standards for agricultural pollution abatement contained in rules 901:13-1-02 to 901:13-1-14 and 901:13-1-19 of the Administrative Code. Any portion of an operation and management plan specifying control of agricultural pollution shall allow the owner or operator to phase in installation of conservation practices under a schedule approved by the director or the director's designee until compliance with Chapter 901:13-1 of the Administrative Code is accomplished.

(1) If the director or the director's designee determines that any person owning or responsible for an agricultural production operation is managing such operation in accordance with an operation and management plan currently approved by the director or the director's designee, the person shall be considered in compliance with the state rules for agricultural pollution abatement. In a private civil action for nuisances involving agricultural pollution, it is an affirmative defense if the person owning, operating, or otherwise responsible for agricultural production operations is operating under and in substantial compliance with an approved operation and management plan.

(2) In the event that the district finds that an operation and management plan does not meet agricultural pollution abatement standards as contained in these rules, the district shall provide a written explanation, by certified mail listing all the deficiencies to be corrected, to the person who submitted the plan. Any person may appeal the district's decision to the director. Upon such appeal, the director shall review the plan for compliance with these standards, and uphold the district's action or reverse it. If the director reverses the district's action the plan shall be deemed approved. In either case, the director shall make such determination within thirty days of receiving the appeal and shall inform the owner or operator and the district of his decision in writing. Such notification shall include the reasons for the director's decision.

(3) In the event that any person operating or owning an agricultural production operation in accordance with an approved operation and management plan who, in good faith, is following that plan, causes agricultural pollution, the plan shall be revised in a manner necessary to mitigate the agricultural pollution, as determined and approved by the district board.

(4) In the event that the district board determines that it lacks staff or expertise to adequately review an operation and management plan, the district board of supervisors may submit such plan to the director for review and approval or disapproval.

(B) Pollution complaints. Any person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so orally or by submitting a written complaint to the director or the director's designee. By written agreement with the director, the district may receive complaints and investigate them to determine whether agricultural pollution has occurred or is imminent. The director reserves the right to assume responsibility to investigate and resolve any complaint. The district shall provide the director a copy of any complaint received. The district also shall inform the department of the disposition of the complaint and provide relevant information concerning the agricultural production operation. The district director or his or her designee shall gather information pertinent to the alleged violation. This information includes but is not limited to:

(1) The location and description of property and/or waters of the state allegedly being damaged;

(2) The nature and extent of damage;

(3) The alleged sources of pollution;

(4) Any efforts made to obtain voluntary cooperation to eliminate the problem.

(C) Action initiated by the department.

(1) When the department finds an apparent problem of agricultural pollution through its own observation, through notification by another agency, or through a complaint from a person, the department may investigate the complaint and shall inform the appropriate district of:

(a) The location and nature of the problem;

(b) The location and description of the agricultural production operation alleged to be causing the pollution problem;

(c) The nature and extent of damage;

(d) Any assistance needed from the district.

(2) When the department investigates a complaint involving an agricultural operation that is allegedly not in compliance with state rules for agricultural pollution abatement, a representative of the department will contact the owner or operator and inform them of the complaint and explain the agricultural pollution abatement rules and standards. The department may perform an investigation to determine whether or not there is compliance with this chapter.

(3) In order to determine if there is a violation of the rules for agricultural pollution, such investigation by the department shall include but need not be limited to the following:

(a) Identification of property boundaries, streams, water courses, wetlands, ponds, lakes, water wells, the general topography, and the general storm water runoff pattern if applicable, including roof water;

(b) For animal manure pollution: identification of the number and kind of animals in the feeding operation, the size and slope of the feedlot, the method of handling animal manure, and the overall manure management system including disposal system; for sediment pollution: estimation of average annual rates of soil erosion based on soil type, present land use, and cropping and management practices;

(c) Determination of soil types and need for additional geologic study if applicable to determine potential ground water pollution;

(d) Observation and documentation of the nature and extent of existing or potential pollution damage; documentation may include photographs, video recording, physical measurements, onsite chemical analysis and water, sediment or manure samples for lab analysis consistent with appropriate sampling procedures and nutrient status of the soil;

(e) Determination of suitability and availability of land for application of animal manure, crops grown on the land, tillage practices used, and average crop yields;

(f) Contacts with the operator, complainant, cooperating agencies contacted, dates and times of investigations shall be recorded and kept on file along with a copy of the complaint. Copies of all information shall be made available to the district.

(4) Investigation indicating no pollution problem. If the investigative report indicates that the operation is in compliance with the rules for agricultural pollution abatement, the department may offer to assist the owner or operator in preparing an operation and management plan for the operation as it exists and have the district board or director approve it to provide assurance that the operation is considered in compliance with the applicable rules.

(5) Owner, operator, or person responsible interested in voluntary, cooperative solution. If the investigative report indicates that a violation of the rules for agricultural pollution abatement exists and the landowner or operator is interested and willing to seek a corrective solution, the department shall:

(a) Offer information and technical assistance for developing and evaluating alternative solutions;

(b) Provide information on financial assistance available;

(c) Offer to develop an operation and management plan which complies with the rules for agricultural pollution abatement; and

(d) Secure district or director approval of the operation and management plan to provide assurance that the operation is considered in compliance with the rules for agricultural pollution abatement.

(6) Owner, operator, or person responsible failure to cooperate in a voluntary solution.

(a) The department representative shall inform the district board of supervisors and the director of the facts established by the investigative report, the succeeding action followed to seek compliance with the rules, and the action or inaction taken by the owner or operator. If the director decides that a violation does exist and corrective action is needed, the director will develop a compliance schedule and inform the person in violation by certified mail that he has a period of time to proceed voluntarily to correct the violation.

(b) If the owner or operator has failed to implement the corrective actions in the time specified, the director shall then decide if an order shall be issued.

(D) Action by a district.

(1) When a district, which has entered into an agreement with the director for the purpose of implementing the agricultural pollution abatement program, finds through a complaint that an agricultural production operation is allegedly not in compliance with state rules for agricultural pollution abatement, a representative of the district will contact the owner or operator of the operation and explain the district role in the agricultural pollution abatement program. Upon receipt of the complaint the district shall give priority to conducting an investigation. If the district determines it is unable to initiate an investigation within three business days, the department shall be notified immediately. The director or the director's designee shall initiate an investigation of the complaint within three business days of notification by the district.

(2) In order to determine if there is a violation of the rules for agricultural pollution, such investigation shall include but need not be limited to the following:

(a) Identification of property boundaries, streams, water courses, wetlands, ponds, lakes, water wells, the general topography, and the general storm water runoff pattern if applicable, including roof water;

(b) For animal manure pollution: identification of the number and kind of animals in the feeding operation, the size and slope of the feedlot, the method of handling animal manure, and the overall manure management scheme including disposal system; for sediment pollution: estimation of average annual rates of soil erosion based on soil type, present land use, and cropping and management practices;

(c) Determination of soil types and need for additional geologic study if applicable to determine potential ground water pollution of aquifer;

(d) Observations and documentation of the nature and extent of existing or potential pollution damage; documentation may include photographs, video recordings, physical measurements, onsite chemical analysis and water, sediment or manure samples for lab analysis consistent with appropriate sampling procedures and nutrient status of the soil;

(e) Determination of suitability and availability of land for application of animal manure, crops grown on the land, tillage practices used, and average crop yields;

(f) Contacts with the owner, operator, person responsible, complainant, cooperating agencies contacted, dates and times of investigations shall be recorded and placed in a cooperator file or other appropriate district file. A copy of the complaint and other relevant information shall be placed in the same file.

(3) Investigation indicating no pollution problem. If the investigative report indicates that the operation is in compliance with the rules for agricultural pollution abatement, the district representative may offer to assist the owner or operator in preparing an operation and management plan for the operation as it exists and have the district board approve it to provide assurance that the operation is considered in compliance with the applicable rules.

(4) Owner, operator, or person responsible interested in voluntary, cooperative solution. If the investigative report indicates that a violation of the rules for agricultural pollution abatement exists and the landowner or operator is interested and willing to seek a corrective solution, the district representative shall:

(a) Offer information and technical assistance for developing and evaluating alternative solutions;

(b) Provide information on financial assistance available;

(c) Offer to develop an operation and management plan which complies with the rules for agricultural pollution abatement;

(d) Secure district approval of the operation and management plan to provide assurance that the operation is considered in compliance with the rules for agricultural pollution abatement; and

(e) Inform the owner, operator, or person responsible that if a corrective solution is not implemented within six months of the investigation, the district and the department will review the complaint and determine if adequate progress has been made towards a solution. If adequate progress is not made then the department will request that the district refer the compliant to the department for resolution or possible further enforcement action.

(5) Owner, operator, or person responsible failure to cooperate in a voluntary solution. If the investigative report indicates that a violation of the rules for agricultural pollution exists, but the owner, operator, or person responsible is unwilling to cooperate in correcting the problem:

(a) The district representative shall inform the district board of supervisors and the department of the facts established by the investigative report, the succeeding action followed to seek compliance with the rules, and the action or inaction taken by the owner or operator. If the district board decides that a violation does exist and corrective action is needed, the board will inform the person in violation by certified mail of the period of time available, as determined and specified by the district, for the person to proceed voluntarily to correct the violation.

(b) If the owner, operator or person responsible has failed to implement the corrective actions in the time specified, the board may choose to invite the owner, operator, or person responsible by certified mail to the next regularly scheduled board meeting or file a copy of their findings with the department and a copy to the alleged violator and to the complainant if appropriate, and request the director to issue an order. These findings include:

(i) The investigative report by the district representative;

(ii) Any pertinent testimony by the person in violation;

(iii) A copy of the district's decision as recorded;

(iv) Alternative methods for correcting the violation;

(v) Practices needed and cost-share eligibility;

(vi) A timely sequence for application of corrective measures; and

(vii) A time period (specified by the district) for completion of all corrective and control measures.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 5/1/1989, 12/23/2010

Rule 901:13-1-17 | Director's orders.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) Issuing orders. When the director or the director's designee investigates a complaint and the owner, operator, or person responsible fails to implement a corrective action in accordance with paragraph (C)(6) or (D)(5) of rule 901:13-1-16 of the Administrative Code, the director or the director's designee shall decide if an order will be issued. The director, or the director's designee, may, upon obtaining agreement with the owner, operator, or person responsible for any land, public or private, enter thereon to make inspections to determine whether or not there is compliance with these rules. If agreement is not obtained, and there is reason to believe a violation exists, the director or the director's designee may apply for and a judge of the court of common pleas for the county where the land is located may issue an appropriate inspection warrant as necessary to achieve the purposes of this chapter.

(1) When the director decides that an order shall be issued, he shall issue an order and afford each person allegedly liable an adjudication hearing pursuant to Chapter 119. of the Revised Code. The director shall sustain the order if deemed appropriate after each person allegedly liable has had a hearing or has waived his right to a hearing. Each order shall be issued in writing and contain a finding by the director of the facts upon which the order is based and the rule that is being violated. The order shall also specify the time period for correcting the problem, indicate what, if any, technical and financial assistance is available, and indicate what action will follow if the violation is not corrected.

(2) Penalties. Any person who fails to comply with an order of the director is guilty of a misdemeanor of the first degree. Each day of violation is a separate offense. In addition, the sentencing court may assess damages in an amount equal to the costs of reclaiming, restoring, or otherwise repairing any damage to public or private property caused by a violation of the director's order.

(3) Appeals. Any person claiming to be deprived of a right or protection afforded him by law by an order of the director, except an order which adopts a rule, may appeal to the court of common pleas of franklin county. The attorney general of the state of Ohio, upon the written request of the director, shall bring appropriate legal action in Franklin county against any person who fails to comply with an order of the director issued pursuant to paragraph (A)(1) of this rule.

(B) Danger to public health.

(1) In addition to the above action, the director may apply to the court of common pleas in the county where a violation of a standard occurs which is a danger to public health for an order to cease the violation and to remove the agricultural pollutant. The director may consult with the county or state health department, soil and water conservation district and engineer's office, the Ohio environmental protection agency or other appropriate agency. A danger to public health may include, but not necessarily be limited to the following situations:

(a) When agricultural pollution threatens public or private drinking water supplies;

(b) When agricultural pollution threatens a primary contact recreation resource water;

(c) When the agricultural pollution directly causes flooding of residential housing, commercial or industrial property, such that direct use of the property would be hazardous to public health.

(d) Other situations as determined by the director upon consultation with state and/or local environmental protection or health agencies.

(2) When there is a danger to public health because of animal waste spill or discharge, the director may, without notice or hearing, issue an emergency order to correct the problem. The order shall be effective immediately.

(a) Prior to issuing an emergency order, the director shall:

(i) Determine the extent of danger to public health which may include consultation with local health departments;

(ii) Determine that paragraphs (A) and (B) of this rule will not adequately protect public health and natural resources;

(iii) Encourage the owner or operator causing the pollution to correct the problem voluntarily.

(b) Following receipt of the emergency order, the owner or operator shall comply with the order by stopping the pollution and removing the pollutants endangering public health.

(c) The owner or operator may apply to the director for a hearing. Such hearing shall be conducted as soon as possible, but not later than twenty days following application. The application shall be in writing and include the following information:

(i) The probable cause of the suspected public health threat;

(ii) The date when the suspected pollution started;

(iii) Business or home address and phone number where the owner, operator or representative can be reached during business hours to schedule a hearing;

(iv) Be signed by the owner or operator of the agricultural operation or business and dated.

(d) On the basis of the hearing, the director or his designee shall continue, revoke or modify the order. If no hearing is requested and/or the order is not complied with as determined by the director, the director or his designee may enter upon private or public lands and take action to mitigate, minimize, remove, or abate the release, spill or discharge.

(e) Any owner, operator or person responsible for causing or allowing an unauthorized release, spill or discharge of animal waste is liable to the director for any costs incurred by the department in investigating, mitigating, minimizing, removing or abating the pollution problem. Reimbursed costs shall be deposited into the agricultural pollution abatement fund and used as specified in paragraph (C) of this rule. The director shall keep accurate records of all costs to abate the agricultural pollution including personnel, equipment, and disposal.

(f) No emergency order shall remain in effect for more than sixty days after its issuance.

(C) Agricultural pollution abatement fund. Funds deposited in the agricultural pollution abatement fund authorized under section 939.10 of the Revised Code shall be used for paying the costs for emergency agricultural pollution abatement actions. The director may make disbursements from the fund for any costs incurred by the department in investigating, mitigating, minimizing, removing or abating the release, spill or discharge. Money collected by the department for agricultural pollution investigations, hearings, damage, repair, cleanup, mitigation and inspection are to be deposited into the agricultural pollution abatement fund. Payments by persons so ordered by the director or court are to be made within thirty days of the order to the department. If no attempt is made to repay the department for costs incurred or damages assessed within thirty days, the director may request the attorney general to bring a civil suit against the person responsible to recover costs of the department and any assessed damages.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 11/1/1979, 5/7/1992, 12/23/2010

Rule 901:13-1-18 | Grants.

• Effective: April 1, 2016
• Promulgated Under: 119.03

Pursuant to the authority in sections 939.02 and 939.05 of the Revised Code, the director may enter into agreements with soil and water districts to make grants to owners and operators of agricultural land or animal feeding operations to implement operation and management plans approved by the district board of supervisors. Terms of the agreements shall be approved by the Ohio soil and water conservation commission.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017

Rule 901:13-1-19 | Nutrient management planning requirements for watersheds in distress.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) Each owner, operator, or person responsible for producing, applying, or receiving in excess of three hundred fifty tons and/or one hundred thousand gallons of manure on an annual basis in watersheds in distress shall develop and operate in conformance with a nutrient management plan that addresses the methods, amount, form, placement, cropping system and timing of all nutrient applications. Nutrient management plans shall be submitted to and approved by the director or the director's designee. The director or the director's designee shall review and approve or disapprove nutrient management plans. This paragraph does not apply to operations subject to subject to Chapter 903. of the Revised Code, Chapter 6111. of the Revised Code, or section 901:10 of the Administrative Code.

(B) In watersheds designated by the director as distressed, the director will establish a deadline for all nutrient management plans to be submitted for review and approval. The deadline will be no earlier than six months and no longer than two years once a watershed has been designated distressed.

(C) Nutrient management plans shall be in the form of the Ohio nutrient management workbook, USDA natural resources conservation service comprehensive nutrient management plan (CNMP), or an equivalent document approved by the director or the director's designee and shall contain the following information:

(1) Land application area's soil tests conducted in accordance with the "Field Office Technical Guide" and that are no older than three years;

(2) Annual manure analysis that is representative of the manure being applied;

(3) Spreading agreements for all land used for manure application not under control of the party responsible for the nutrient management plan;

(4) The number, weight, and kind of all animals;

(5) Total annual volume of manure produced;

(6) Method and seasonal time of utilization and application that recognizes a prohibition on manure application from December fifteenth to March first;

(7) Planned manure application rates;

(8) Other nutrients applied, including but not limited to manufactured fertilizer, sewage sludge, and bio-digester residue;

(9) Field information including, but not limited to: location, spreadable acreage, crops grown, and actual and projected yields;

(10) Type of manure storage and capacity;

(11) Emergency contact information in case of a spill.

(D) Each land application area receiving manure shall be assessed with the Ohio nitrogen leaching risk assessment procedure and the phosphorus index and the soil test risk assessment procedure for phosphorus as necessary and provided for in the field office technical guide. Manure application rates and setback distances shall be based on the most limiting factor of these risk assessment procedures, other criteria outlined in the "Field Office Technical Guide," or by other methods approved by the director.

(E) Operating records including manure nutrient application, weather forecasts, manure and soil analysis, and manure storage volumes shall be kept a minimum of five years by the owner, operator, or person responsible and shall be made available for review by the director or the director's designee with a minimum of twenty-four hours notice. The director or the director's designee shall visit the animal feeding operation and review records a minimum of once every three years and provide a report of the findings to the soil and water conservation district board of supervisors and the department.

(F) After plan approval, nutrient management plans shall be updated as conditions change and shall be submitted a minimum of once every three years to the soil and water conservation district board of supervisors or the director for approval. Changes which would require the plan to be updated include, but are not limited to, when the number of animals increase by more than ten per cent or when there is a change in ownership. This plan shall be updated prior to any expansion in the number of agricultural animals by more than ten per cent.

(G) For new animal feeding operations located in watersheds in distress, plans must be submitted and approved prior to any initiation of construction of a new facility.

(H) Upon disapproval of a nutrient management plan, any person may request an adjudication hearing pursuant to Chapter 119. of the Revised Code.

(I) Appeals. Any person denied approval of a nutrient management plan by the director may appeal to the court of common pleas of Franklin county.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 12/31/2017
Prior Effective Dates: 12/23/2010, 12/31/2015 (Emer.)

Rule 901:13-1-20 | Designating watersheds in distress.

• Effective: April 1, 2016
• Promulgated Under: 119.03

(A) The director may designate a watershed to be in distress, and thereby set requirements for the storage, handling and land application of manure; and/or the control of the erosion of sediment and substances attached thereto; and associated nutrient management plans for land and operations within the designated watershed boundaries. In evaluating a potential designation, the director may consider whether:

(1) The watershed is listed as impaired by nutrients and/or sediments from agricultural sources as determined by the director of environmental protection and published in the "Ohio Integrated Water Quality Monitoring and Assessment Report" pursuant to Section 303(d) of the Federal Water Pollution Control Act or waters are identified as such in an approved "Total Maximum Daily Load Report" pursuant to rule 3745-2-12 of the Administrative Code as required by Section 303(d) of the Federal Water Pollution Control Act;

(2) The watershed or a portion of the watershed exhibits conditions that are a threat to public health based on information provided by the Ohio department of health or local health district;

(3) Streams, lakes, or other waterbodies within the watershed exhibit periodic evidence of algal and/or cyanobacterial blooms capable of producing toxins that are harmful to humans, domestic animals or wildlife;

(4) There is a threat to, or presence of contaminants in public or private water supplies;

(5) There is a threat to, or presence of contaminants in a primary contact recreational water or a bathing water as designated in Chapter 3745-1 of the Administrative Code;

(6) Other unacceptable nuisance conditions exist including the depletion of dissolved oxygen in water that results in impacts to aquatic life;

(7) Other situations as determined by the director upon consultation with other federal, state and local agencies.

(B) Prior to proposing to designate a watershed in distress, the director shall prepare and issue a report documenting the factors in the watershed relating to the items in paragraph (A) of this rule.

(C) No designation of a watershed in distress shall be issued until the Ohio soil and water conservation commission consents by a majority vote to a proposed designation.

(D) The director may remove the watershed in distress designation upon reasonable confirmation of a sustained recovery, restoration and mitigation of the factors leading to the original designation.

Supplemental Information

Authorized By: 939.02
Amplifies: 939.02
Five Year Review Date: 10/9/2024
Prior Effective Dates: 12/31/2015 (Emer.)

Rule 901:13-1-99 | Civil penalties.

• Effective: July 28, 2017
• Promulgated Under: 119.03

(A) The following violations shall be considered minor violations:

(1) Violations of rule 901:13-1-07 of the Administrative Code;

(2) Violations of rule 901:13-1-08 of the Administrative Code;

(3) Violations of rule 901:13-1-09 of the Administrative Code;

(4) Violations of paragraph (B)(4) of rule 901:13-1-11 of the Administrative Code;

(5) Violations of rule 901:13-1-12 of the Administrative Code; and

(6) Violations of paragraph (E) of rule 901:13-1-19 of the Administrative Code.

(B) The following violations shall be considered moderate violations:

(1) Violations of rule 901:13-1-02 of the Administrative Code;

(2) Violations of rule 901:13-1-03 of the Administrative Code;

(3) Violations of rule 901:13-1-04 of the Administrative Code;

(4) Violations of rule 901:13-1-05 of the Administrative Code;

(5) Violations of rule 901:13-1-06 of the Administrative Code;

(6) Violations of paragraph (A) of rule 901:13-1-11 of the Administrative Code;

(7) Violations of paragraph (C) of rule 901:13-1-11 of the Administrative Code;

(8) Violations of rule 901:13-1-13 of the Administrative Code;

(9) Violations of paragraph (A) of rule 901:13-1-19 of the Administrative Code;

(10) Violations of paragraph (F) of rule 901:13-1-19 of the Administrative Code; and

(11) Violations of paragraph (G) of rule 901:13-1-19 of the Administrative Code.

(C) Events of noncompliance with section 939.08 of the Revised Code and paragraphs (B)(1), (B)(2), (B)(3), and (B)(5) of rule 901:13-1-11 of Administrative Code that meet all of the following parameters shall be considered moderate violations:

(1) The total volume of the manure application is less than three hundred and fifty tons of solid manure or one hundred thousand gallons of liquid manure;

(2) The manure application does not pose a significant risk of harm to public health or the environment; and

(3) The manure application has not resulted in any discharge of manure that enters the waters of the state.

(D) Events of noncompliance with section 939.08 of the Revised Code and paragraphs (B)(1), (B)(2), (B)(3), and (B)(5) of rule 901:13-1-11 of Administrative Code that meet any of the following parameters shall be considered major violations:

(1) The total volume of the manure application is equal to or more than three hundred fifty tons of solid manure, or one hundred thousand gallons of liquid manure.

(2) The manure application poses a significant risk of harm to public health or the environment.

(3) The manure application has resulted in a discharge of manure that enters the waters of the state.

(E) Pursuant to sections 939.02 and 939.09 of the Revised Code, a schedule of fines for violations identified in paragraphs (A), (B), (C) and (D) of this rule is hereby established:

(1) The department may assess the following civil penalties for any minor violation:

(a) Not more than two hundred fifty dollars for a first violation;

(b) Not more than one thousand dollars for a second violation; and

(c) Not more than five thousand dollars for a third violation.

(2) The department may assess the following civil penalties for any moderate violation:

(a) Not more than two thousand dollars for a first violation;

(b) Not more than five thousand dollars for a second violation; and

(c) Not more than ten thousand dollars for a third violation.

(3) The department may assess a civil penalty of not more than ten thousand dollars for any major violation.

(F) Failure to take corrective action as specified by the director or the directors designated representative for any minor violation may be considered a moderate violation.

(G) Failure to take corrective action as specified by the director or the directors designated representative for any moderate violation may be considered a major violation.

(H) All money paid under paragraph (E) of this rule shall be deposited into the agricultural pollution abatement fund.

Supplemental Information

Authorized By: 939.02, 939.09
Amplifies: 939.07, 939.08, 939.09
Five Year Review Date: 7/28/2022
Prior Effective Dates: 1/31/2016