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| Rule |
Rule 901:10-2-01 | Permit to install: purpose and applicability.
Effective:
February 13, 2021
(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 the Administrative
Code. (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. (3) The owner or operator
shall notify the department prior to beginning actual construction of the
manure storage or treatment facility. (4) 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 as-built plans to the department. As-built plans shall
be provided and signed by a professional engineer if the design plans require a
professional engineer as described in paragraph (A)(1) of rule 901:10-2-05 or
paragraph (A) of rule 901:10-2-06 of the Administrative Code. (a) 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. (b) In addition to as-built plans, the following shall be
submitted where applicable as part of the construction or permit to
install: (i) Any soils
investigations, compaction testing, soil bearing confirmation or lab analyses
as required by plans. (ii) Pictures
demonstrating construction specifications were followed. (iii) Daily log of
construction activity including dates, weather conditions, and work
completed. (iv) Documentation
demonstrating concrete mix and concrete construction was in accordance to
approved plans (v) Any other
construction documentation that is required by the approved set of engineering
plans or in the permit to install. (c) After submitting a copy of the completed as-built plans
and after the facilities are inspected by the director or an authorized
representative as required by this rule, an authorized representative of the
director will issue authorization to stock animals or use a new manure storage
or treatment facility and to thereby commence operations in accordance with any
permit to operate issued for the facility. Facilities are required to be
inspected by the director or an authorized representative in a timely manner
prior to stocking with animals or using any new manure storage or treatment
facility. (5) 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 as-built
plans will be kept at the office of the facility. (6) 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.
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Rule 901:10-2-02 | Permit to install: siting criteria.
Effective:
February 13, 2021
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 and/or class five
agricultural drainage wells together hereinafter are referred to 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) Fabricated
structures. (a) A fabricated structure on a concentrated animal feeding
facility shall be located a minimum of one hundred twenty horizontal feet from
a stream, unless additional design criteria are added, installed, and
implemented as approved by the director. (b) A fabricated structure on a major concentrated animal
feeding facility shall be located a minimum of three hundred horizontal feet
from a stream, unless additional design criteria are added, installed, and
implemented as approved by the director. (2) A manure storage pond
or manure treatment lagoon. (a) 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, unless additional design criteria are
added, installed, and implemented as approved by the director. (b) A manure storage pond or manure treatment lagoon on a
major concentrated animal feeding facility shall be located a minimum of six
hundred horizontal feet from a stream, 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, or both, are
added, installed, and implemented as approved by the director. (1) If additional design
criteria or groundwater monitoring are added, installed or implemented, the
manure storage pond or manure treatment lagoon shall have a minimum of five
vertical feet of low permeability material, between the waste placement surface
and the uppermost aquifer. (2) 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," August
2010. (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) The production area
of a facility shall not be located in a one hundred year floodplain, as those
boundaries are shown on the applicable maps prepared under the "National
Flood Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended,
without design of additional monitoring or engineered controls or both that are
installed and implemented as approved by the director and in accordance with
the following. (a) The manure storage pond or manure treatment lagoon
embankments and any wall of a fabricated structure shall be designed and
constructed to withstand the hydrostatic pressures from a one hundred year
flood that may be exerted on the embankments or walls during a flood
event; (b) The elevation of the top of the manure storage or treatment
facility shall be at the summation of the elevation of the one hundred year
flood plus a minimum freeboard height of two feet; (c) Any monitoring wells installed pursuant to this rule shall be
physically protected from the floodwaters. (2) A manure storage pond or manure
treatment lagoon or fabricated structure shall not be located in established
regulator 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 any neighboring
residence. (2) 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 any
neighboring residence. (3) 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 any neighboring
residence. (4) 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 any
neighboring residence. (5) 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. 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.
View Appendix
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Rule 901:10-2-03 | Geological explorations.
(A) Fabricated structures - A subsurface geological exploration shall be completed for fabricated structures as described in this paragraph: (1) For fabricated structures storing solid manure. 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. The geological report shall meet the requirements in paragraph (C) of this rule. (2) For fabricated structures storing liquid manure. The subsurface geological exploration and report, described in paragraph (C) of this rule, shall be completed under the supervision of a professional geologist or a professional engineer and shall be in compliance with and describe the following: (a) The subsurface geological exploration shall include a minimum of three test pits or borings. The test pits or borings must be at regular intervals and within a reasonable distance of the boundaries of the proposed fabricated structure. Additional test pits or borings may be required by the director, the professional engineer, or the professional geologist. (b) The test pits or borings shall extend a minimum of five feet below the planned bottom of the fabricated structure. In addition, a representative number of test pits or borings shall extend deep enough to determine if the fabricated structure meets the siting criteria from the uppermost aquifer described in rule 901:10-2-02 of the Administrative Code. Upon completion, any boring or pit used for sampling shall be properly plugged and sealed. (c) The classification of the soil material shall be provided, as set forth in the appendix to this rule. (d) The in-situ hydraulic conductivity of the soil material shall be determined, based on lab results, within five feet below the planned bottom of the fabricated structure. (e) The subsurface geological exploration shall 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. (f) The subsurface geological exploration shall 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. (g) The subsurface geological exploration shall evaluate whether the proposed fabricated structure is to be located within a karst area; and (h) Ground water quality characteristics. (i) Ground water shall be sampled from a well existing at the facility. (ii) If no well exists as the facility, ground water shall be sampled from a well that is nearby as approved by the department. If no nearby existing well is available for sampling prior to construction of a new facility, then the director may allow sampling prior to approval of stocking as described in paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code. (iii) 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. (i) 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 and permit to operate. (B) Manure Storage Ponds or Manure Treatment Lagoons - A subsurface geological exploration shall be completed for manure storage ponds or manure treatment lagoons as described in this paragraph. The subsurface geological exploration and report shall be completed under the supervision of a professional geologist or a professional engineer, and shall be in compliance with and describe the following: (1) The subsurface geological exploration shall include a minimum of four test pits or borings. The test pits or borings must be at regular intervals and within a reasonable distance of the boundaries of the proposed manure storage pond or manure treatment lagoon. Additional test pits or borings may be required by the director, the professional engineer, or the professional geologist. (2) The test pits or borings shall extend a minimum of five feet below the planned bottom of the manure storage pond or manure treatment lagoon. In addition, a representative number of test pits or borings shall extend deep enough to determine if the manure storage pond or manure treatment lagoon meets the siting criteria from the uppermost aquifer described in rule 901:10-2-02 of the Administrative Code. 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 cohesive soil compacted in lifts no greater than six inches; (3) The classification of the soil material shall be provided, as set forth in the appendix to this rule; (4) The in-situ hydraulic conductivity of the soil material shall be determined, based on lab results, within five feet below the planned bottom of the manure storage pond or manure treatment lagoon; (5) The subsurface geological exploration shall evaluate the suitability of the soil material to provide adequate sealing of the bottom of the manure storage pond or manure treatment lagoon and construction of the planned embankments as described in rule 901:10-2-06 of the Administrative Code; (6) The subsurface geological exploration shall evaluate whether the proposed manure storage pond or manure treatment lagoon is to be located within a karst area; (7) Ground water quality characteristics. (a) Ground water shall be sampled from a well existing at the facility. (b) If no well exists as the facility, ground water shall be sampled from a well that is nearby as approved by the department. If no nearby existing well is available for sampling prior to construction of a new facility, then the director may allow sampling prior to approval of stocking as described in paragraph (B)(4) of rule 901:10-2-01 of the Administrative Code. (c) 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. (8) 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 and permit to operate. (9) Based on the results of the subsurface geological exploration and determinations by the professional geologist, professional engineer, or the director, additional tests may be required to determine the potential need for a liner and the liner specifications; (10) 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 ground water pollution potential (DRASTIC) maps to determine the pollution potential for each site, the pathways of contamination, if any, and whether additional design is 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 prepared by a professional geologist or a professional engineer and submitted with the facility design plans. (1) The report shall include but not be limited to 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 each applicable type of manure storage and treatment facility: (a) For any planned manure storage or treatment facility, the analysis or evaluation shall provide the following information: (i) A plan and profile view of the of a facility wells and any exploration pits and borings shown in relation to the manure storage or treatment facility; (ii) Available Ohio department of natural resources water well logs of wells located within a minimum of one thousand feet of the planned manure storage or treatment facility; (iii) Subsurface materials identified 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; (iv) Identification of the uppermost aquifer at the site and the criteria used to make this determination. (b) For any planned liquid manure fabricated structure, manure storage pond, or manure treatment lagoon, the analysis or evaluation shall also provide the following additional information: (i) Evidence of seepage or ground water conditions and depths in pits or borings; (ii) Determination of the suitability of in-situ soils to provide an acceptable liner system, or lining recommendations when the in-situ soils are not suitable, which shall include remold permeability tests of planned liner material; (iii) The results of the laboratory analyses soil samples. (c) For any planned manure storage pond or manure treatment lagoon, the analysis or evaluation shall also provide the following additional information: (i) Recommendation from the laboratory analysis of the compactive effort or soil density, and; (ii) Soil moisture requirements needed during construction to achieve design hydraulic conductivity. (2) Based on the results of the tests of this rule the professional engineer, professional 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.
View Appendix
Last updated August 15, 2024 at 2:20 PM
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Rule 901:10-2-04 | Manure storage and treatment facilities.
Effective:
February 13, 2021
(A) An application for a permit to install shall include analysis
of manure that is sampled and analyzed in accordance with paragraphs (A) to (D)
of rule 901:10-2-10 of the Administrative Code. (B) For the purposes of a permit to install, manure shall be
quantified and characterized to allow for proper sizing and design of the
proposed manure storage or treatment facility. For an existing facility that
submits a permit to install application for a similar type of manure storage or
treatment facility with no change in treatment technology to what is currently
utilized by the facility, the volume of manure and characterization of manure
shall be based on manure production records and manure analysis from an actual
sample from the facility. If actual manure production records or manure
analysis are not available or are deemed not accurate by the department, or if
the permit to install application is for a new facility or treatment technology
not in use by the existing facility, then the owner or operator shall use the
table appended to this rule or use manure production records and manure
characterization records from a similar type facility with a similar type of
manure storage or treatment facility or treatment technology. If manure data or
analysis is used from a similar type facility to characterize manure, the owner
or operator shall submit this alternative manure data along with the
identification of the source of the data. (C) 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. (D) 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 (D)(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. (E) 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 which are available for review at the Ohio
department of agriculture website http://agri.ohio.gov/: (a) "Pond, No 378," January 2003; (b) "Constructed Wetland Conservation Practice Standard,
No. 656," January 2010, but provided there shall be no
discharge; (c) "Heavy Use Area Protection Practice, No. 561,"
December 2012; (d) "Composting Operation, No. 317," March
2010; (e) "Critical Area Planting, No. 342," March
2012; (f) "Dike, No. 356," June 2002; (g) "Diversion, No. 362," June 2002; (h) "Grade Stabilization Structure, No. 410," May 1,
1988; (i) "Pipeline, No. 516," June 2002; (j) "Roof Runoff Structure, No. 558," June
2002; (k) "Sediment Basin, No. 350," June 2002; (ii) The "Ohio Livestock Manure And Wastewater Management
Guide, Bulletin 604, The Ohio State University Extension, January 2006," which
is available for review at the Ohio department of agriculture's campus in
Reynoldsburg, Ohio and (iii) USDA natural resource conservation service - NHCP which is
available for review at the Ohio department of agriculture's campus in
Reynoldsburg, Ohio. (2) Construct coverings over any
structures in the production area where manure may be exposed to direct
precipitation; 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 paragraph (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 (C) and (D) of this
rule.
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Rule 901:10-2-05 | Fabricated structures.
Effective:
February 13, 2021
(A) Fabricated structures shall be
designed and maintained to prevent discharge to ground waters or surface
waters. (1) Fabricated structures
for liquid manure and fabricated structures that store solid manure with a wall
height of eight feet or greater (measured from the top of the footing), shall
be designed by a professional engineer, which shall include a signed and sealed
set of design plans. (2) A fabricated structure shall be
designed and constructed to meet the requirements in paragraph (A) of rule
901:10-2-03 and any applicable section of the appendix to this
rule. (3) Storage period. (a) The minimum storage period for a fabricated structure
storing liquid manure shall be one hundred eighty days. (b) The minimum storage period for a fabricated structure
storing solid manure shall be one hundred twenty days. (c) 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) 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. (b) Fabricated structures that contain solid manure and are
not subject to precipitation or runoff do not require an additional six inches
of freeboard. (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. The approved device shall indicate levels
every one foot in vertical elevation and shall indicate levels as described in
paragraph (A)(4)(b) of rule 901:10-2-08 of the Administrative
Code.
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Rule 901:10-2-06 | Manure storage pond and manure treatment lagoon.
Effective:
February 13, 2021
(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) An exploratory trench shall be
excavated a minimum of four feet below natural grade to investigate for
subsurface drainage lines in the immediate area of the manure storage pond or
manure treatment lagoon. Any lines found 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 unless the subsurface drainage line is
necessary to comply with paragraph (A)(9)(a) of this rule. (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.
This device shall indicate levels every one foot in vertical elevation and
shall indicate levels as described in paragraph (D)(1) of rule 901:10-2-08 of
the Administrative Code. (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,
August 2009," and "United States Department of Agriculture, Ohio
Natural Resources Conservation Service, Section IV, Field Office Technical
Guide Conservation Practice Standard 521-D, Pond Sealing and Lining, Compacted
Earth Treatment. January 2010." Both procedures are available for review
at the Ohio department of agriculture website http://agri.ohio.gov/. 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 (A)(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) 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. (11) Manure treatment lagoons shall be
designed in accordance with the methods set forth in the appendix to this
rule.
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Rule 901:10-2-07 | Contents of a permit to operate and NPDES applications.
Effective:
September 15, 2005
(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.
Last updated August 15, 2024 at 2:20 PM
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Rule 901:10-2-08 | Contents of the manure management plan: inspections, maintenance and monitoring.
Effective:
February 13, 2021
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. (A) 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 (B) 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 (C) The owner or operator must periodically inspect
equipment used for land application of manure, litter, or process wastewater
for leaks. (D) 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: (1) 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. (2) 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. (3) For paragraphs (D)(1) and (D)(2) of
this rule, the maximum operating level shall not exceed that specified in the
manure management plan. (4) 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. (5) 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. (6) 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 (D)(15) of
this rule. (7) 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. (8) 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. (9) 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. (10) 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.). (11) 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. (12) Surface water and groundwater
protection. (a) Conduct annual sampling and analysis of ground water
for nitrates and total coliform from a well as described by paragraph (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 XXX 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. (b) 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. (c) The director may require samples of manure discharges
from the production area that may occur. (d) The director may require monitoring or sampling, or
both, of subsurface perimeter drains around manure storage or treatment
facilities; and (e) 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. (13) 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. (14) 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. (15) All liquid manure in manure storage
or treatment facilities must have a depth marker or other appropriate device as
approved by the director in accordance with rule 901:10-2-05 or 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. In the case of new sources subject to the requirement
in paragraph (D)(1) of rule 901:10-3-06 of the Administrative Code, all open
surface manure storage structures associated with such sources must include a
depth marker or other appropriate device as approved by the director in
accordance with rule 901:10-2-05 or 901:10-2-06 of the Administrative Code
which clearly indicates the minimum capacity necessary to contain the maximum
runoff and direct precipitation associated with the design storm used in sizing
the impoundment for no discharge. (E) The director may determine that the monitoring required
in paragraphs (D)(6), (D)(14), and (D)(15) 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. (1) 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. (2) 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. (F) Any deficiencies found as a result of the inspections
conducted under this rule 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.
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Rule 901:10-2-09 | Contents of manure management plan: nutrient budget.
Effective:
February 13, 2021
(A) The manure
management plan shall include the nutrient budget for the land application
areas and quantity of nutrients to be managed by distribution and utilization
for a twelve month period as derived from rules 901:10-2-10 and 901:10-2-11 of
the Administrative Code. (B) The total nutrient budget to be used for the land
application areas under the control of the facility for the duration of the
permit shall be based on the following: (1) Targeted crop yields based on the actual crop
yields; (2) Soil productivity information; (3) Historical yield data. (4) Potential yield; or (5) Combination of yield data. (C) To the extent the manure is not managed through distribution
and utilization, the manure management plan shall include the total summary of
land application areas to be used 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 areas 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 areas under the
control of the owner or operator for a twelve month period.
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Rule 901:10-2-10 | Contents of manure management plan: manure characterization.
Effective:
February 13, 2021
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) 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 a free copy of
which can be downloaded at http://learningstore.uwex.edu/. For an existing
facility that will continue to have similar manure storage or treatment
facilities with no change in treatment technology, the manure shall be
characterized utilizing an actual sample from the facility. If the owner or
operator is proposing a new facility, new manure storage or treatment facility,
or a change in treatment technology, then the manure shall be characterized by
using the table appended to this rule or by utilizing a representative analysis
from a similar type facility with a similar type of manure storage or treatment
facility to characterize manure, the owner or operator shall submit this
alternative manure data along with the identification of the source of the
data. Manure characterization shall include the following: (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)(4)(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 a twelve month period 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.
View Appendix
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Rule 901:10-2-11 | Contents of manure management plan: distribution and utilization methods.
Effective:
February 13, 2021
(A) If the owner or operator elects to
use distribution and utilization methods, for any quantity of manure that is
not managed under the control of the owner or operator, the following is
required: (1) If the owner or
operator decides to use livestock manure brokers or auctions or farm sales for
distribution and utilization, the owner or operator shall submit distribution
and utilization methods for the beneficial use of the manure as part of the
manure management plan as required by rule 901:10-2-09 of the Administrative
Code. The permitted facility operating record shall include copies of the
acknowledgments between the owner and operator of the facility and livestock
manure brokers made pursuant to auctions or farm sales. The facility operating
acknowledgment shall include the following statement: "I have been provided with a copy of the
analytical results that list the nutrient content of the manure and total
quantities of manure and copies of the applicable requirements of rule
901:10-2-14 of the Administrative Code. The manure will be distributed and
utilized according to the best management practices and according to any state
laws regulating these uses." (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 to 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 permitted facility operating record shall
include 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 and an acknowledgment by the manure recipient as follows: "I have been provided with a copy of the
analytical results that list the nutrient content of the manure and total
quantities of manure and copies of the applicable requirements of rule
901:10-2-14 of the Administrative code. The manure will be distributed and
utilized according to the best management practices and according to any state
laws regulating these uses." (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, as well as the operating
record. (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.
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Rule 901:10-2-12 | Contents of manure management plan: methods to minimize odors.
Effective:
February 13, 2021
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, but is not limited to, the following: (A) Remove, transfer and land apply manure at optimum
temperatures; (B) Remove, transfer and land apply manure when wind
direction is less likely to affect neighboring residences; (C) Promptly inject or incorporate manure to minimize
odors; or (D) If manure is applied by spray irrigation, use
appropriate pressure and nozzles. (E) 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 manure storage
or treatment facilities that control and promote additional treatment reduction
of odor.
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Rule 901:10-2-13 | Contents of manure management plan: soil characterization.
Effective:
February 13, 2021
The manure management plan shall contain
information on the soil of the land application areas. Soil samples shall be
analyzed 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 of eight inches 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, "Recommended 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." A copy of which may be downloaded at:
http://www.bephosphorussmart.msu.edu/. (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 is 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.
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Rule 901:10-2-14 | Contents of manure management plan: land application methods.
Effective:
February 13, 2021
This rule establishes best management practices
that govern land application of manure on land application areas. The land
application of manure at each land application area 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 application areas is a discharge from that facility subject to
NPDES requirements except where it is an agricultural stormwater discharge.
Where manure has been applied in accordance with this rule and an approved
manure management plan, a precipitation-related discharge of manure from land
application areas is agricultural stormwater discharge. (A) The manure management plan shall contain procedures on how
manure shall be transported to land application areas 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 area'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) General criteria for manure application. The manure
application rate shall be based on the most limiting factor of rates derived
from paragraphs (B) to (G) of this rule, including factors derived from all
appendices to this rule, whichever factor 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 of nitrogen
described in paragraph (D) of this rule, expressed in thousands of gallons of
manure per acre; (b) The phosphate application limits as described in paragraph
(E) of this rule, expressed in thousands of gallons of manure per
acre; (c) The restrictions on the rate of liquid manure applied, taken
from notes (1) and (5) in appendix A table 2 to 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 to this rule; (e) The application rate shall be adjusted to preclude surface
ponding and/or runoff from a land application area. (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 phosphate application limits as described in paragraph
(E) of this rule expressed in pounds per ton of dry manure per
acre; (c) The restrictions on the rate of solid manure applied, taken
from notes (1) and (5) in appendix A table 2 to 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 to this rule unless a
compliance alternative is submitted and approved by the director. As a
compliance alternative, the concentrated animal feeding operation or certified
livestock manager 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. As a compliance alternative, the concentrated
animal feeding facility or certified livestock manager may demonstrate that a
soil listed in appendix A, table 1 to this rule is not prone to flooding in a
particular county in which land applications of manure are planned, through
reference to the current United States department of agriculture, natural
resources conservation service, web soil survey for the county. 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." A copy is available for
review at the Ohio department of agriculture website
http://agri.ohio.gov/. (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 phosphate 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 by means
of surface application 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-quarter inch for hydrologic soil group D soils and one-half
inch for hydrologic soil group A, B, and C soils, 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. A copy is
available for review at the Ohio department of agriculture website
http://agri.ohio.gov/. (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 to this rule. (b) Subtract the nitrogen credit for crop residue, legumes, and
other sources of nitrogen to be given to the next crop in accordance with
values for previous crops given in appendix C, table 4 to 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 area with the Ohio nitrogen
leaching risk assessment procedure contained in appendix C, table 5 to 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 to 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 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 to this rule. (E) The manure application rate for phosphate shall be determined
using the soil test analysis obtained pursuant to rule 901:10-2-13 of the
Administrative Code and the following criteria: (1) Prior to the land application of
manure, land application areas shall be assessed with either the phosphorus
index risk assessment procedure in appendix E, table 1 to this rule or the
phosphorus soil test risk assessment procedure in appendix E, table 2 to this
rule. The manure application rate for phosphate shall be limited in compliance
with the applicable provision in the: (a) Generalized interpretation of phosphorus index and management
column in appendix E, table 1, to this rule, or (b) The application criteria in appendix E, table 2, to this
rule. (2) The phosphate requirements for the
realistic yield goals of planned crops, crop rotations, and\or plant biomass
shall be determined using amounts from appendix C, table 1 to this
rule; (3) Phosphate applications between
two-hundred 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
phosphate per one thousand gallons and if the values for solid manure exceed
eighty pounds phosphate per ton and application is subject to these additional
requirements: (a) No manure application shall occur on land with soil tests
that exceed more than one hundred parts per million Bray P1; (b) )No manure application shall occur on frozen or snow-covered
ground; (c) The manure shall be incorporated within twenty-four
hours; (d) No additional phosphate application shall be made for a
minimum of three years on fields with soil tests that measure less than forty
parts per million Bray P1 or equivalent; and (e) No additional phosphate application shall be made for a
minimum of five years on fields with soil tests between forty and one-hundred
parts per million Bray P1 or equivalent. (4) Notwithstanding the procedures in
paragraph (E) of this rule but subject to the restrictions in appendix B to
this rule, for a single phosphate application in a year, the application rate
shall not exceed five hundred pounds per acre of phosphate. (F) Land application for crops or other uses not listed in
appendix C to 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 is the
preferred alternative to surface application of manure. Solid manure with less
than fifty per cent moisture shall be stockpiled at the land application site
in lieu of manure application on frozen or snow covered ground. Surface application of manure on frozen or
snow-covered ground is prohibited unless performed in accordance with all of
the following requirements in paragraph (G)(1) of this rule. (1) Application. (a) Prior approval for each 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. (c) Except as required by paragraph (G)(1)(g) of this rule, the
application rate is limited to five thousand gallons per acre for liquid
manure. (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. (f) 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 streams, ditches,
waterways, and\or surface waters are to be utilized in preference to areas with
the potential for surface water runoff. (g) 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 per cent surface residue
cover and vegetation or residue shall not be completely covered by ice or snow
at the time of application. (h) 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. (i) 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 to waters of the state, the
owner or operator shall notify the department within two hours of detection of
the runoff event. (c) In addition to the visual monitoring and reporting in this
paragraph, the owner or operator shall collect representative grab samples from
the discharges of land applied manure into waters of the state at the point
that the discharge enters waters of the state (i.e. concentrated field surface
runoff or field tile outlet discharge prior to entrance to surface waters) and
have the sample analyzed for ammonia nitrogen levels. (d) The owner or operator shall: (i) Collect the sample within thirty minutes of the first
knowledge of the discharge; or (ii) If the sampling in that period is inappropriate due to
dangerous weather conditions, the owner or operator shall collect the sample as
soon as possible after suitable conditions occur and shall document the reason
for delay. (e) The owner or operator shall report the results of the
discharge event to the department within fourteen days of occurrence. The
report shall, at a minimum, contain the sample results, describe the reason for
the discharge, the location, estimate of quantity and duration of the
discharge, and duration of the precipitation leading up to the event, any
measures taken to clean up and eliminate the discharge, and copies of land
application records. Laboratory results not available at the time of the report
submitted shall be submitted to the department within five days of
receipt. (f) If the ammonia nitrogen level in a water quality sample is
determined to be twenty-six mg\L or greater in the discharge at the point it
enters waters of the state, then additional surface application of manure to
frozen and\or snow covered ground is prohibited on the field where the runoff
event occurred. (g) In the event that an owner or operator complies with all of
the requirements of paragraph (G) of this rule and runoff enters waters of the
state resulting in ammonia nitrogen level in a sample determined to be
twenty-six mg\L or greater in three application events authorized in accordance
with paragraph (G)(1)(a) of this rule, then additional surface application of
manure to frozen and/or snow covered ground shall be prohibited for the
duration of the permit. (h) 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, and approval for each application pursuant to
paragraph (G)(1)(a) of this rule, notice of discharge, monitoring and record
keeping, for more than two surface land application events, then land
application on any frozen or snow-covered ground shall be prohibited for that
owner or operator for the duration of the permit upon receipt of a third notice
of deficiencies resulting in noncompliance pursuant to section 903.17 of the
Revised Code.
View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix
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Rule 901:10-2-15 | Manure management plan and the plan for the disposal of dead livestock.
(A) A manure management plan shall include a plan for the disposal of dead livestock. The plan shall include best management practices for burning, burial, rendering, composting, alkaline hydrolysis or other methods consistent with sections 941.14, 953.26, and 1511.022 of the Revised Code. (B) 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. (C) 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.
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Rule 901:10-2-16 | Permit to operate and operating record requirements.
Effective:
February 13, 2021
(A) An operating record shall be
generated as part of the permit to operate and NPDES permit. The operating records shall be maintained on
forms identified by the permit and other forms approved for use by the
department. The operating record shall be retained for a minimum period of five
years, shall be made available to the director upon request, and shall record
and document the following information: (1) The manure storage or treatment
facility. Records required by rule 901:10-2-08 or 901:10-2-19 of the
Administrative Code, including: (a) Measurements of manure volume and the depth of liquid
manure in manure storage or treatment facilities by the depth marker or other
appropriate device as approved by the director in accordance with rule
901:10-2-06 of the Administrative Code as required by paragraph (A)(4)(o) of
rule 901:10-2-08 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 paragraph (C) of rule 901:10-3-06 of the
Administrative Code, the runoff and direct precipitation from a one-hundred
year, twenty-four hour rainfall event, plus the levels of freeboard as required
in either paragraph (A)(4)(a) or paragraph (A)(4)(b) of rule 901:10-2-08 of the
Administrative Code; (b) Records of inspections of the structural integrity and
vegetative management systems of the manure storage or treatment facility taken
at intervals specified in the manure management plan and including evidence of
erosion, leakage, animal damage, and problems of emerging
vegetation. (c) Records of measurements of storage capacity remaining
in the manure storage and treatment facility, based upon inspections conducted
at intervals specified in the manure management plan. (d) Records of inspections of stormwater conveyances,
diversion devices, runoff diversion structures, and devices channeling
contaminated stormwater to the manure storage pond or manure treatment
lagoon. (e) Records of inspections of the protective vegetative
cover that is maintained on all disturbed areas (lagoon or pond embankments,
berms, pipe runs, erosion control areas, etc.) (f) Implementation dates of those best management practices
necessary to operate and maintain settling basins, grass filtration or soil
infiltration systems or diverting clean water and roof water away from the
production area. (g) Records of groundwater sampling and analysis and any
surface water sampling and analysis. This also includes any records associated
with monitoring or sampling of subsurface perimeter drains around manure
storage or treatment facilities. (h) Records required in rule 901:10-2-19 of the
Administrative Code for the insect and rodent control plan. (i) Records of inspections of water lines located above
ground and readily accessible or visible for daily inspection, including
drinking water or cooling water lines. (j) Records of actions taken to correct any deficiencies
found as a result of inspections conducted in the production area. If actions
were not taken within thirty days of discovery, then the operating record shall
record the reasons explaining why corrections could not be made
immediately. (k) Records documenting the current design of any manure
storage or treatment facility including volume for solids accumulation, design
treatment volume, total design volume, and approximate number of days of
storage capacity. (l) Records of the date, time, and estimated volume of any
overflow or discharge from the production area. (2) Manure characterization data, test
methods, results, and other information as required in paragraph (E) of rule
901:10-2-10 of the Administrative Code. (3) Land application area records shall
be recorded and maintained in the operating record. Records for each land
application area shall include: (a) The owner or operator shall maintain or have access to
adequate land application equipment and record this in the operating
record. (b) The owner or operator shall list or otherwise describe
those acres of land in the operating record for land application of manure,
whether the land is owned or leased. In the alternative, use of a distribution
and utilization plan should be recorded in the operating record. (c) When liquid manure is applied to a land application
area with subsurface drains and concentrated flow areas, document the periodic
observations of the subsurface drain outlets and concentrated flow areas for
liquid manure flow during and after application in the operating
record. (d) When liquid manure is applied to a land application
area with a subsurface drain, document the use of drain outlet plugs or other
devices in the operating record. (e) Land application areas as described on a soil survey
map. (f) All soil tests within the last five years. Soil test
results shall be maintained in the operating record with the information
required in rule 901:10-2-13 of the Administrative Code. (g) Site inspections to inspect setbacks used to maintain
vegetative cover and protect stream channels or areas adjacent to such stream
channels and as required by rule 901:10-2-14 of the Administrative
Code. (h) Records of the cropping schedule for each land
application area for the past year, anticipated crops for the current year, and
anticipated crops for the next two years after the current year. (i) Targeted crop yield for each crop in each land
application area based on: (i) Soil productivity information; (ii) Historical yield data; (iii) Potential yield; or (iv) Combinations of yield data. (j) An additional ten per cent may be added to the
potential and/or historical yields to account for improvements in management
and technology. (i) When historical yield data is not available a realistic
yield may be based on local research or on yields from similar soils and/or
cropping systems in the area. (ii) For new or potential crops or varieties, industry yield
estimates may be used until actual yields are available for documentation in
the operating record. (k) Actual yield, if available. (l) Results of the nitrogen leaching risk assessment
procedure and the phosphorus soil test assessment procedure and an explanation
of the basis for determining manure application rates, as provided in rule
901:10-2-14 of the Administrative Code. (m) The number of years needed to reach one hundred fifty
parts per million Bray P1 or equivalent if manure application rates exceed the
phosphorus crop removal rates. (n) Date, rate, quantity and method of application of the
nutrient, and/or form and source of manure, commercial fertilizer and/or other
organic by-products. (o) Total amount of nitrogen and phosphorus actually
applied to each field, including documentation of calculations for the total
amount applied. (p) Condition of soil at the time of application including,
but not limited to, available water capacity and evidence of soil cracks and
related information on soil conditions. (q) Temperature, including general weather conditions at
time of application and for twenty-four hours prior to and following
application. (r) Implementation dates of those best management practices
necessary to reduce the risk of nitrogen or phosphorus runoff by crop rotation,
cover crops or residue management in accordance with paragraphs (B) to (E) of
rule 901:10-2-14 of the Administrative Code. (s) Record the annual projected nutrient budget for
nitrogen and phosphorus for each site for the plant production sequence and/or
crop rotation. (t) Records shall be maintained of annual calibration of
land application equipment. (4) Unless otherwise recorded with the
insect and rodent control plan implementation or land application records,
records of inspections and actions taken at manure stockpile or manure transfer
sites. (5) The records for implementation of
distribution and utilization methods, if used, shall include: (a) Quantity of manure transferred off-site for each twelve
month period (tons/gallons); (b) Date of off-site transfer for
distribution; (c) Name and address of recipient of manure;
and (d) Record that the recipient was provided with a copy of
the appendices A, B and F to rule 901:10-2-14 of the Administrative Code, a
copy of the most recent manure analysis consistent with the rules. (6) Disposal of dead livestock. The
records for implementing the plan for the disposal of dead livestock shall
include, but not be limited to: (a) The disposal method used for removal of dead
livestock; (b) A record of the date and time of inspection of each
facility; and (c) Those best management practices necessary to implement
the disposal of dead livestock. (B) Records shall be generated by
certified livestock managers to comply with the requirements of rule
901:10-1-06 of the Administrative Code. The operating records shall be
maintained on forms approved for use by the department. A certified livestock
manager employed by a major concentrated animal feeding facility may use the
major concentrated animal feeding facility's operating record to comply
with the requirements of this rule and rule 901:10-1-06 of the Administrative
Code, to the extent the records required to be kept by the certified livestock
manager are already maintained in the facility's operating record. The
operating record for a certified livestock manager shall be retained for a
minimum period of five years, shall be made available to the director upon
request, and shall record and document the following information: (1) Records shall be
maintained for each land application area. (2) The certified
livestock manager shall list or otherwise describe the acres of land for land
application of manure. (3) When liquid manure is
applied to a land application area with subsurface drains and concentrated flow
areas, documentation shall be made of the periodic observations of subsurface
drains, drain outlet plugs, drain outlets or other devices for liquid manure
flow during and after application in the operating record. Monitoring of
concentrated flow areas during and after application shall also be
documented. (4) All soil tests within
the last five years. Soil test results shall be maintained in the operating
record with the information required in rule 901:10-2-13 of the Administrative
Code. (5) Site inspections to
inspect setbacks used to maintain vegetative cover and protect stream channels
or areas adjacent to such stream channels and as required by rule 901:10-2-14
of the Administrative Code. (6) Date, rate, quantity
and method of application sources of the nitrogen and phosphorus, and/or form
and source of manure, commercial fertilizer and/or other organic
by-products. (7) Total amount of
nitrogen and phosphorus actually applied to each field, including documentation
of calculations for the total amount applied. (8) Condition of soil at
the time of application including, but not limited to, available water capacity
and evidence of soil cracks and related information on soil
conditions. (9) Temperature,
including general weather conditions at time of application and for twenty-four
hours prior to and following application. (10) Records shall be
maintained of annual calibration of land application equipment.
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Rule 901:10-2-17 | Emergency response plan.
(A) An emergency response plan shall include, but is not limited to the following: (1) The names and telephone numbers of persons who are identified by the owner or operator as responsible for implementing the plan. (2) Areas of the facility where potential spills can occur and their accompanying surface and subsurface drainage points. (3) Procedures to be followed in the event of a spill, including actual or imminent discharge to waters of the state: (a) Actions to contain or manage the spill; (b) Identification of proper authorities to be contacted; (c) Actions to mitigate any adverse effects of a spill; and (d) Identification of equipment and clean-up materials to be used in the event of a spill. (B) Procedures for reporting. (1) The owner or operator shall report by telephone to the department as soon as possible, but in no case more than twenty-four hours following first knowledge of the occurrence of the following: (a) The times at which the discharge or manure spill occurred and was discovered; (b) The approximate amount and the characteristics of the discharge or manure spillage; (c) The waters of the state affected by the discharge or spillage; (d) The circumstances which created the discharge or spillage; (e) The names and telephone numbers of persons who have knowledge of these circumstances; (f) Those steps being taken to clean up the discharge or spillage; and (g) The names and telephone numbers of persons responsible for the cleanup. (2) For any emergency that requires immediate reporting after normal business hours, contact the Ohio department of agriculture's emergency telephone number. (3) If applicable, the owner or operator shall notify appropriate local authorities. (4) The owner or operator shall also file a written report of the occurrence in letter form within five days following first knowledge of the occurrence, unless the director allows an extension of time or waives the reporting requirement. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not reoccur.
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Rule 901:10-2-18 | Closure plan requirements.
(A) The owner or operator of a facility need not seek continued permit coverage under a permit to operate or reapply for a permit to operate if the facility is no longer a concentrated animal feeding facility 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. (B) The owner or operator of a concentrated animal feeding operation need not reapply for an NPDES permit if the concentrated animal feeding operation will not discharge or propose to discharge upon expiration of the NPDES permit. (C) Permittees who plan to end permit coverage must submit a closure plan. The owner or operator shall notify the director in writing and allow the director an 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 and 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. (1) If all of 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 of the concentrated animal feeding facility or concentrated animal feeding operation. At least ninety days before closure, the owner or operator shall submit a closure plan for the director's approval that provides for the following: (a) Implementation of best management practices during closure. (b) Removal of all manure from the manure storage or treatment facilities. (c) Removal of all associated appurtenances and conveyance structures from liquid manure storage or treatment facilities. (d) Land application of the manure in accordance with rule 901:10-2-14 of the Administrative Code or disposal in another manner allowed by this chapter. (e) If a manure storage or treatment facility will be filled with soil or if it will be demolished, the director may require a complete description or outline for the plan and specifications that will be required for this type of closure. (2) If the design capacity of the facility will be reduced so that the facility is no longer required to be covered under a permit to operate or an NPDES permit, because of closure of animal housing buildings, then the owner or operator shall, at least ninety days before such closure, submit for the director's approval and thereafter shall implement a closure plan that provides for the following: (a) Implementation of best management practices during closure. (b) A detailed explanation of how the design capacity of the facility will be reduced. This explanation would include information such as, but not limited to: (i) A description of the reduction of animals per cage, pen, lot or barn; (ii) The reason for the reduction; and (iii) Assurance that the reduction is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility. (c) 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. (3) If the design capacity of the facility will be reduced so that the facility is no longer required to be covered under a permit to operate or an NPDES permit, but there will be no actual closure of any housing buildings or of a manure storage or treatment facility, then the owner or operator shall, at least ninety days before such closure, submit for the director's approval, and thereafter shall implement, a closure plan that provides for the following: (a) Implementation of best management practices during closure. (b) A detailed explanation of how the design capacity of the facility will be reduced without any closure of a housing building. This explanation would include information such as, but not limited to: a description of the reduction of animals per cage, pen, lot or barn, reason for reduction, assurance that the reduction is intended to be permanent in nature and any other information that is deemed necessary by the director in order to explain the closure of the facility. (c) If a closure of the facility involves a part of the facility being transferred to a different owner, then the owner or operator of the permitted facility must provide the following: (i) A copy of a revised site map showing new property lines and new ownership of each lot; (ii) A copy of any new deed; and, (iii) Documentation that demonstrates how the facility, after the land transfer, will not continue to meet the definition of either a concentrated animal feeding facility or a concentrated animal feeding operation. (d) 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. (D) If a permittee seeks to close permanently a manure storage or treatment facility or to close the entire facility temporarily without terminating permit coverage, the permittee must submit a closure plan. The owner or operator shall notify the director in writing and allow the director an opportunity to inspect the facility to verify that the facility or a portion of the facility is closed for purposes of Chapter 903. of the Revised Code and 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. (1) If all or part of a 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: (a) Implementation of best management practices during closure. (b) Removal of all manure from the discontinued portions of the manure storage or treatment facility. (c) Removal of all associated appurtenances and conveyance structures from discontinued liquid manure storage or treatment facilities. (d) Land application of the manure in accordance with rule 901:10-2-14 of the Administrative Code or disposal in another manner allowed by this chapter. (e) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or NPDES permit, or Chapter 901:10-2 of the Administrative Code. (f) If a manure storage or treatment facility will be filled with soil or if it will be demolished, the director may require a complete description or outline for the plan and specifications that will be required for this type of closure. (2) If a concentrated animal feeding facility or a concentrated animal feeding operation is to be temporarily closed or discontinued, the owner or operator shall implement a closure plan that addresses the temporary closure of the 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: (a) Implementation of best management practices during closure. (b) Removal of manure from the manure storage or treatment facilities. (c) Land application of the manure in accordance with rule 901:10-2-14 of the Administrative Code or disposal in another manner allowed by this chapter. (d) Calculations showing the remaining manure storage and days of storage for the facility that would allow for compliance with the permit to operate or NPDES permit, or Chapter 901:10-2 of the Administrative Code. (e) Any other action necessary to prevent a discharge of manure during the time of the temporary closure, other than agricultural stormwater from application areas. (3) If the closure would constitute a modification as defined in rule 901:10-1-01 of the Administrative Code, the owner or 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.
Last updated August 15, 2024 at 2:20 PM
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Rule 901:10-2-19 | Permit to operate: insect and rodent control plan.
Effective:
February 13, 2021
(A) Purpose and
applicability. (1) This rule establishes
the best management practices to minimize the presence and negative effects of
insects and rodents at the concentrated animal feeding facility and in
surrounding areas, including land on which the manure is stored or applied.
Subject to the requirements set forth in rules 901:10-2-07 and 901:10-2-08 of
the Administrative Code, and rule 901:10-1-06 of the Administrative Code no
person shall own or operate a concentrated animal feeding facility unless an
insect and rodent control plan for the facility has been approved by the
director. (2) An insect and rodent
control plan that specifies plans to minimize the activity of insects and
rodents and their presence at the facility is to be integrated with other
requirements of the permit to operate in accordance as set forth in rules
901:10-2-07 to 901-10-2-19 of the Administrative Code. (B) Contents of an insect and rodent
control plan. (1) An insect and rodent
control plan shall be prepared by the owner or operator and shall be submitted
to the director for approval. Upon approval by the director, the insect and
rodent control plan shall be incorporated into the permit to operate. The
insect and rodent control plan shall be specific to the agricultural animal
species of the facility. (2) An insect and rodent
control plan shall: (a) Include a narrative description of balanced integrated pest
management to minimize the presence and negative effects of insects and
rodents; (b) Set forth with specificity the standard operating procedures
for actions to minimize the activity and reduce the presence of insects and
rodents at the facility; and (c) Set forth methods of monitoring and procedures for record
keeping in the operating record to document inspection results and actions
performed. (3) Standard operating
procedures set forth in paragraphs (B)(3)(a) to (B)(3)(d) and paragraph (C) of
this rule set forth some but not all of the necessary integrated pest
management actions to minimize the activity and reduce the presence of insects
and rodents at the facility. (a) Management controls. The following management controls
require regular inspections to be conducted by the owner or operator in
intervals as described in the insect and rodent control plans. Monitoring
records and inspection records shall be maintained in the operating record as
required by rule 901:10-2-16 of the Administrative Code. Management controls
consist of the following: (i) The owner or operator
shall specify inspection intervals in the insect and rodent control plan and
shall conduct and document inspections as specified in the plan. (ii) The owner or
operator shall inspect for the presence or absence of watering and feeding
system leaks. If any leaks are detected, appropriate repairs shall be
undertaken promptly. (iii) The owner or
operator shall inspect and record observations made regarding the presence and
level of pest activity. Appropriate control actions shall be undertaken
promptly when activity of insects and rodents is observed that requires actions
as described in the plan required by paragraph (B)(2) of this
rule. (iv) The owner or
operator shall manage moisture levels in manure to minimize the activity and
reduce the presence of insects and rodents at the facility. Methods to control
moisture may include but are not limited to: building design; adequate
ventilation; mechanical aeration; leak detection and repair; proper site
grading and drainage and maintenance of watering and feeding
systems. (v) Except for manure
storage ponds and manure treatment lagoons, manure storage or treatment
facilities shall be covered unless the runoff and drainage is collected and
stored, or directed to a specifically designed infiltration area or other
adequate treatment system. Appropriate control actions shall be undertaken
prior to the removal of manure to minimize the activity and reduce the presence
of insects and rodents at the facility. (vi) Except for manure
storage ponds and manure treatment lagoons, the owner or operator shall inspect
manure storage or treatment facilities for pest activity prior to the removal
of manure. Appropriate control actions shall be undertaken prior to the removal
of manure to minimize the activity and reduce the presence of insects and
rodents. (vii) The owner or
operator shall inspect land application areas during and after the land
application of manure. (viii) The owner or
operator shall monitor manure stockpiles for insect and rodent activity on a
seasonally appropriate basis. (b) The following management actions are required but do not
require record keeping and consist of the following: (i) Maintain sanitation
procedures designed to minimize the activity and reduce the presence of insects
and rodents including: maintenance of vegetation around the buildings; cleaning
of the facility; removal of dead or trapped animals at a frequency that
prevents their accumulation and utilization of covered receptacles for food,
feed, dead animals or refuse that are durable, cleanable, inaccessible to
insects or rodents, leak proof and nonabsorbent; (ii) Buildings shall be
maintained and managed in such a manner as to minimize the activity and reduce
the presence of insects and rodents. The director may consider the function,
purpose and age of the buildings; (iii) The owner or
operator shall maintain or have prompt access to appropriate insect and rodent
control equipment; (iv) The owner or
operator shall maintain or have prompt access to suitable cleaning implements
and supplies as necessary for effective cleaning of the facility;
and (v) The owner or operator
shall maintain or have prompt access to insect and rodent monitoring methods
and devices. (c) Biological controls may be used to minimize the activity and
reduce the presence of insects and rodents as part of integrated pest
management. Biological controls shall include standard operating procedures
designed to encourage the development and preservation of beneficial
organisms. Beneficial organisms may be appropriate when
contained within the facility but may not be appropriate when removed from the
facility. Prior to manure removal, the owner or operator is advised to evaluate
the potential effects of beneficial organisms outside of the facility, e.g., at
any site used for land application of manure. (d) Chemical controls may be used to minimize the activity and
reduce the presence of insects and rodents as part of integrated pest
management. Utilization of chemical controls may require,
but not be limited to, asking the owner or operator to become a certified pest
control applicator and keep accurate records on methods or products used and on
dosage rates under Chapter 921. of the Revised Code. (e) Utilization of chemical controls may include, but not be
limited to the following: (i) Insecticides,
larvicides, rodenticides, space sprays, fly baits, vapor strips; (ii) Chemical application
equipment; and (iii) Inside and outside
control measures. (C) Storing, stockpiling and land
applying manure. (1) The insect and rodent
control plan shall be consistent with the manure management plan in order to
minimize the activity and reduce the presence of insects and rodents at the
facility and shall include both the manure storage or treatment facility and
the land application area. (2) The storing,
stockpiling and land application of manure shall be done in accordance with
standard operating procedures set forth in this paragraph and in the owner or
operator's insect and rodent control plan in order to minimize the
activity and reduce the presence of insects and rodents. These standard
operating procedures may include but are not limited to: (a) Treatment of pests at the land application site; (b) Setback distances during land application that are consistent
with the manure management plan for the facility and with rule 901:10-2-14 of
the Administrative Code; (c) Extended stockpiling times after removal from the facility
for thermal treatment and prior to land application; (d) Covering of the manure storage or treatment facility or
covering the stockpile for thermal treatment; (e) Implementing appropriate control measures for manure staged
or stockpiled more than one week; and (f) Chemical treatment of the manure at the facility prior to the
removal of manure from the manure storage or treatment facility, monitoring and
observing fields spread with that manure for pest activity during application,
and a final inspection of those fields when applications are
complete; (g) If the presence of insect and rodent activity is not
minimized and/or reduced prior to the removal of manure from the manure storage
or treatment facility, the owner or operator shall visually monitor and observe
fields spread with that manure for pest activity during application and shall
conduct a final inspection of those fields when applications are
complete. (D) Emergency procedures. Each facility
shall develop and maintain emergency procedures of action in order to minimize
the activity and reduce the presence of insects and rodents at the
facility. (E) Compliance. Compliance with an insect
and rodent control plan shall be determined as follows: (1) Before proceeding
with the procedures set forth in rule 901:10-5-03 of the Administrative Code,
the director shall review the operating record, together with the insect and
rodent control plan, examine any records of management actions taken, records
of implementation of standard operating procedures and other appropriate
control actions, and any monitoring data collected in the operating
record. (2) The director shall
determine if insect and rodent activity has been minimized and the presence of
the insects and rodents reduced by evaluating the records and assessing trends
and making visual observations at the facility as evidenced by implementation
of the insect and rodent control plan over an appropriate period of time and
during periodic inspections at the facility. In making this determination for
an appropriate period of time, consideration will be given, but not limited to
the following: prevailing wind patterns, siting criteria, precipitation
patterns, seasonal effects and weather conditions. (3) Upon completion of
the evaluation described in paragraphs (E)(1) and (E)(2) of this rule, the
director may do the following: (a) If the owner or operator is in compliance with the plan, the
director may seek voluntary action by the owner or operator to modify the
insect and rodent control plan including but not limited to further minimizing
and reducing the activity and presence of insects and/or rodents at the
facility; or (b) If the owner or operator will not consent to modifying the
plan, or if the owner or operator is not in compliance with the plan, then the
director may propose to modify the insect and rodent control plan or the owner
or operator may submit an application to modify the plan, in accordance with
the procedures in rule 901:10-1-09 of the Administrative Code. (4) The director is not
required to comply with paragraphs (E)(1) to (E)(3) of this rule if the
director determines: (a) An emergency exists as described in rule 901:10-5-05 of the
Administrative Code; or (b) In consultation with federal, state or local health agencies,
the director determines that there exists a high risk of zoonotic
disease. (F) Criteria for approving, disapproving
or modifying an insect and rodent control plan including any major operational
change to an insect and rodent control plan. (1) The director shall
consider the following criteria in determining an action on an insect and
rodent control plan: (a) Compliance with paragraphs (B) to (D) of this
rule. (b) Completeness and appropriateness of the methods for disposal
of rodents on a daily or weekly basis or if there is an emergency. The director
will require compliance with rule 901:10-2-15 of the Administrative
Code. (c) In order to comply with rule 901:10-1-09 of the
Administrative Code for any proposed major operational change of the insect and
rodent control plan, the owner or operator shall: (i) Demonstrate that
insect and rodent activity has been minimized; or (ii) Demonstrate that the
proposed major operational change will improve the management of pests;
and (iii) Authorize the
director or the director's representative to evaluate the operating
records and assess trends and make visual observations at the facility of
implementation of the insect and rodent control plan over an appropriate period
of time and during periodic inspections at the facility. In making a
determination under this paragraph and rule 901:10-1-09 of the Administrative
Code, the director may consider the following: prevailing wind patterns, siting
criteria, precipitation patterns, seasonal effects, weather conditions, and
applicable scientific and technical references for monitoring and control of
insect and rodent populations. (2) The director must act
upon, approve or deny an insect and rodent control plan within ninety days of
receiving it. (G) Penalties. The director or his
designated representative will determine civil penalties for violations of this
rule in accordance with the rule 901:10-5-04 of the Administrative
Code.
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Rule 901:10-2-20 | Annual report.
Effective:
February 13, 2021
The owner or operator of a concentrated animal
feeding operation with a permit must submit an annual report to the director.
The annual report must include: (A) The number and type of animals,
whether in open confinement or housed under roof (beef cattle, broilers,
layers, chickens other than laying hens, swine weighing fifty-five pounds or
more, swine weighing less than fifty-five pounds, mature dairy cows, dairy
heifers, veal calves, sheep and lambs, horses, ducks, turkeys,
other); (B) Estimated amount of total manure
generated by the facility in the previous twelve months
(tons/gallons); (C) Provide the amount of total manure
transferred to other persons by the facility as recorded in the operating
record in accordance with rule 901:10-2-11 of the Administrative
Code; (D) Total number of acres for land
application covered by the manure management plan developed in accordance with
rule 901:10-2-07 of the Administrative Code; (E) Total number of acres under control
of the facility that were used for land application of manure in the previous
twelve months; (F) Summary of all manure discharges from
the production area that have occurred in the previous twelve months, including
date, time, and approximate volume; and (G) A statement indicating whether the
current version of the facility's manure management plan was developed or
approved by a certified nutrient management planner. (H) For NPDES permit annual reports, the
actual crop(s) planted and actual yield(s) for each land application area under
the control of the facility, the actual nitrogen and phosphorus content of the
manure from each manure storage or treatment facility, the results of
calculations conducted in accordance with paragraph (D)(1)(g)(ix) of rule
901:10-3-01 of the Administrative Code, the amount of manure applied to each
land application area under the control of the facility during the previous
twelve months, the results of any soil testing for nitrogen and phosphorus
taken during the preceding twelve months, the data used in calculations
conducted in accordance with paragraph (D)(1)(g)(ix) of rule 901:10-3-01 of the
Administrative Code, and the amount of any supplemental fertilizer applied
during the previous twelve months.
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