Rule 901:10-2-01 | Permit to install: purpose and applicability.
(A) Purpose and applicability of a permit to install.
(1) No person shall modify an existing or 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 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 not a concentrated animal feeding facility may be required by the director to comply with applicable rules 901:10-2-01 to 901:10-2-06 of the Administrative Code.
(a) If the director has made a determination that the animal feeding facility shall be required to apply for and receive a permit to operate in accordance with section 903.082 of the Revised Code; 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 any manure storage or treatment facility approved in the permit to install.
(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 substantial compliance with the approved permit to install plans, certified as-built plans, and construction documentation submitted to the department. As-built plans and construction documentation shall be submitted at least fourteen days prior to any proposed stocking of housing barns or intended use of manure storage or treatment facilities. In addition, as-built plans shall be provided by a professional engineer, signed and stamped, 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 for the permanent record and to demonstrate compliance with the approved permit to install engineering plans and specifications.
(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 and details were followed.
(iii) Daily log of construction activity including dates, weather conditions, and work completed.
(iv) Documentation demonstrating concrete mix design and concrete construction and material specifications were 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 facility is inspected by the director, the director will issue authorization to stock animals or to use a new manure storage or treatment facility and to thereby commence operations in accordance with any permit to operate issued for the facility. Facilitieswill be inspected by the director in a timely manner.
(5) The owner or operator shall maintain a copy of the current permit to install issued by the department.
(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, address, telephone number, and, if available, electronic mail address of the owner, of all partners if the owner is a partnership, of all members if the owner is a limited liability company, of all trustees if the owner is a trust, or of all officers and directors if the owner is a corporation and of any other person who has a right to control or in fact controls management of the owner or the selection of officers, directors or managers of the owner.
(2) The name, address, telephone number, and, if available, electronic mail address of the operator, of all partners if the operator is a partnership, of all members if the operator is a limited liability company, of all trustees if the operator is a trust, or all officers and directors if the operator is a corporation, and of any other person who has a right to control or in fact controls management of the operator or the selection of officers, directors, or managers of the operator.
(3) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain.
(4) 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.
(5) 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.
(6) 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) Property line 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 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.
(7) 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.
(8) Designs, plans and detailed engineering drawings for the proposed construction of the concentrated animal feeding facility that comply with rules 901:10-2-02 to 901:10-2-06 of the Administrative Code and include the proposed location of the construction site, and design and construction plans and specifications. Include with the detailed engineering drawings: cross sections, concrete or earthwork specifications, illustrations and profiles for construction of the manure storage or treatment facility in the plans.
(9) Plans for any manure transfer lines that includes the alignment, size, type and installation details of the pipe. Include detailed engineering drawings, material and construction specifications necessary to complete the proposed construction, and the proposed pressure testing that will be completed upon the completion of construction in the plans.
(10) The precipitation runoff and stormwater grading plans required by rule 901:10-2-04 of the Administrative Code.
(11) Manure characterized in accordance with rules 901:10-2-04 and 901:10-2-10 of the Administrative Code.
Last updated January 5, 2026 at 9:59 AM
Supplemental Information