Ohio Revised Code Search

...(A) On and after the date that is established in rules by the director of agriculture, both of the following apply: (1) The management and handling of manure at a major concentrated animal feeding facility, including the land application of manure or the removal of manure from a manure storage or treatment facility, shall be conducted only by or under the supervision of a person holding a livestock manager certific...

...(A)(1) The director of agriculture is authorized to participate in the national pollutant discharge elimination system in accordance with the Federal Water Pollution Control Act. Not later than one hundred eighty days after March 15, 2001, the director shall prepare a state program in accordance with 40 C.F.R. 123.21 for point sources that are subject to this section and shall submit the program to the United S...

...(A) For purposes of section 903.08 of the Revised Code, no person shall approve all or portions of a NPDES permit if the person receives or has received during the two years prior to the receipt of an application for a NPDES permit a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. In addition, no person may serve on a board or commission that approves all or portions ...

...(A) The director of agriculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply: (1) The director has specified a corrective action to be taken under section 939.07 of the Revised Code. (2) The director or the director's authorized representative has inspected ...

...(A) Prior to issuing or modifying a permit to install, permit to operate, or NPDES permit, the director of agriculture shall issue a draft permit. The director or the director's representative shall mail notice of the issuance of a draft permit to the applicant and shall publish the notice once in a newspaper of general circulation in the county in which the concentrated animal feeding facility or discharger is locat...

...The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (A) Establish all of the following concerning permits to install and permits to operate: (1) A description of what constitutes a modification of a concentrated animal feeding facility; (2) A description of what constitutes a major operational change at a concentrated animal feeding facility...

...(A) The director of agriculture may enter into contracts or agreements to carry out the purposes of this chapter with any public or private person, including OSU extension, the natural resources conservation service in the United States department of agriculture, the environmental protection agency, and soil and water conservation districts established under Chapter 940. of the Revised Code. However, the director sha...

...(A) The director of agriculture or the director's authorized representative at reasonable times may enter on any public or private property, real or personal, to make investigations and inspections, including the sampling of discharges and the inspection of discharge monitoring equipment, or to otherwise execute duties that are necessary for the administration and enforcement of this chapter. The director or the dire...

...In a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, it is an affirmative defense if the person owning, operating, or otherwise responsible for the concentrated animal feeding facility is in compliance with best management practices established in the installation permit or permit to operate issued for the concentrated animal feeding...

...Prior to filing a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, the parties to the dispute shall submit the dispute to an arbitrator for nonbinding arbitration. The parties shall pay the arbitrator a reasonable compensation based on the extent and duration of actual service rendered. The cost of the arbitrator's services shall be d...

...(A) A person may submit a complaint to the director of agriculture regarding a concentrated animal feeding facility or the discharge of a pollutant from an animal feeding operation. The complaint may be made orally or in writing. If the complaint is made in writing, it shall be signed by the person making it and dated. (B) After receiving a written, signed, and dated complaint, the director shall, or after r...

...(A) The director of agriculture may propose to require corrective actions and assess a civil penalty against an owner or operator of a concentrated animal feeding facility if the director or the director's authorized representative determines that the owner or operator is not in compliance with section 903.02 or 903.03 or division (A) of section 903.07 of the Revised Code, the terms and conditions of a permit to inst...

...(A) The director of agriculture may propose to require corrective actions and assess a civil penalty against an owner or operator of an animal feeding operation if the director or the director's authorized representative determines that the owner or operator is not in compliance with section 903.08 of the Revised Code, the terms and conditions of a NPDES permit, the NPDES provisions of a permit to operate, or rules a...

...(A) Notwithstanding sections 903.16 and 903.17 of the Revised Code, if the director of agriculture determines that an emergency exists requiring immediate action to protect the public health or safety or the environment, the director may issue an order, without notice or adjudication hearing, stating the existence of the emergency and requiring that action be taken that is necessary to meet the emergency. The order s...

...All money collected by the director of agriculture from application fees under sections 903.02, 903.03, 903.07, and 903.08 of the Revised Code, all money collected from civil penalties under sections 903.16 and 903.17 of the Revised Code, and all money collected under division (B) of section 903.18 of the Revised Code shall be deposited in the livestock management fund, which is hereby created in the state treasury. ...

...(A) There is hereby created the concentrated animal feeding facility advisory committee consisting of the directors of agriculture, development, environmental protection, and natural resources and the dean of the college of food, agricultural, and environmental sciences of the Ohio state university, or their designees, as members ex officio, and sixteen members to be appointed by the director of agriculture. Of the a...

...An owner or operator of an animal feeding facility who holds a permit to install, a permit to operate, or a NPDES permit or who is operating under an operation and management plan, as defined in section 939.01 of the Revised Code, developed or approved by the director of agriculture under section 939.02 of the Revised Code or by the supervisors of the appropriate soil and water conservation district under section 940...

...(A) No person shall violate or fail to perform any duty required by division (B)(1), (C)(1), (F), (K), or (M)(1) or (2) of section 903.08 of the Revised Code or the NPDES provisions of a permit to operate, violate a rule adopted pursuant to those divisions, or violate an order issued pursuant to those divisions or a term or condition of an NPDES permit issued by the director of agriculture. (B) No person shal...

...(A) No person, for the purposes of agricultural production as defined in section 905.31 of the Revised Code, shall apply manure obtained from a concentrated animal feeding facility issued a permit under this chapter unless one of the following applies: (1) The person has been issued a livestock manager certification under section 903.07 of the Revised Code. (2) The person has been certified under this section to ap...

...(A) Whoever negligently violates division (A) of section 903.30 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than ninety days, or both. Each day of violation constitutes a separate offense. For purposes of this division, notwithstanding division (D) of section 2901.22 of the Revised Code, a person acts negligently when, because of a lapse from due care, the pe...

...As used in this chapter, "livestock" means either of the following: (A) Equine animals regardless of the purpose for which they are raised; (B) Any of the following animals that are raised for human food products or fiber: (1) Porcine animals; (2) Bovine animals; (3) Caprine animals; (4) Ovine animals; (5) Poultry; (6) Alpacas; (7) Llamas; (8) Any other animal designated in rules adopted under section ...

...(A) There is hereby created the Ohio livestock care standards board consisting of the following members: (1) The director of agriculture, who shall be the chairperson of the board; (2) Ten members appointed by the governor with the advice and consent of the senate. The ten members shall be residents of this state and shall include the following: (a) One member representing family farms; (b) One member who is...

...(A) The Ohio livestock care standards board shall adopt rules in accordance with Chapter 119. of the Revised Code governing the care and well-being of livestock in this state. In adopting those rules, the board shall consider the following factors: (1) Best management practices for the care and well-being of livestock; (2) Biosecurity; (3) The prevention of disease; (4) Animal morbidity and mortality data; ...

...(A) In order to assist the Ohio livestock care standards board in the administration and enforcement of this chapter, the director of agriculture shall do all of the following: (1) Hire all employees of the board, including an executive director. Employees of the board shall be in the unclassified civil service, serve at the pleasure of the director of agriculture, and be compensated with money from the Ohio ...

...No person shall do either of the following: (A) Falsify any plans, specifications, data, reports, records, or other information required by this chapter or rules adopted under it to be kept or submitted to the director of agriculture or the Ohio livestock care standards board; (B) Violate any provision of this chapter or any order, rule, or determination of the director or board issued, adopted, or made under...