Ohio Revised Code Search
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Section 903.07 | Livestock manager certification [see Section 3 of H.B. 363 of the 128th General Assembly].
...holder is not physically present at the time of the manure management or handling. (2) No person shall transport and land apply annually or buy, sell, or land apply annually the volume of manure established in rules adopted by the director under division (D)(5) of section 903.10 of the Revised Code unless the person holds a livestock manager certification issued under this section. (B) Except as provided in divis... |
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Section 903.08 | Participating in national pollutant discharge elimination system.
...and shall allow a reasonable period of time for coming into compliance with the permit. (H) An animal feeding facility that is required to obtain both a NPDES permit and a permit to operate shall be issued a single permit to operate incorporating the terms and conditions established by both permits. The permit to operate expressly shall designate the terms and conditions required under the NPDES program as fe... |
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Section 903.081 | Permits not to be granted.
... "Significant portion of income" means ten per cent or more of gross personal income in a calendar year or fifty per cent or more of gross personal income in a calendar year if the recipient of the income is more than sixty years of age and is receiving that portion of income under retirement benefits, including a pension or similar arrangement. (2) "Income" includes retirement benefits, consultant fees, and s... |
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Section 903.082 | Determination of size of concentrated animal feeding facility by director.
...imal 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 the animal feeding facility. (3) The director or the di... |
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Section 903.09 | Issuance of draft permits.
...rmit may be submitted and the period of time during which comments will be accepted as established by rule. If the director receives written comments in an amount that demonstrates significant public interest, as defined by rule, in the draft permit, the director shall schedule one public meeting to provide information to the public and to hear comments pertinent to the draft permit. The notice of the public meeting... |
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Section 903.10 | Administrative rules for permits to install and permits to operate [see Section 3 of H.B. 363 of the 128th General Assembly].
...rated animal feeding facility; (7) The time period within which the director must approve or deny an insect and rodent control plan after receiving it; (8) Any other provisions necessary to administer and enforce section 903.12 of the Revised Code. (D) Establish all of the following concerning livestock manager certifications required under section 903.07 of the Revised Code: (1) The information to be included in... |
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Section 903.11 | Contracts or agreements to carry out purposes of chapter.
...inister grants and loans using moneys from the federal government and other sources, public or private, for carrying out any of the director's functions. Nothing in this chapter shall be construed to limit the eligibility of owners or operators of animal feeding facilities or other agricultural enterprises to receive moneys from the water pollution control loan fund established under section 6111.036 of the Revised C... |
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Section 903.12 | Right of entry for investigations and inspections.
...ntative may apply for and the court of common pleas having jurisdiction may issue an appropriate warrant. (B) No person to whom a permit has been issued under this chapter shall refuse entry to the director or the director's authorized representative or purposely hinder or thwart the director or the director's authorized representative in the exercise of any authority granted under division (A) of this section. |
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Section 903.13 | Affirmative defenses in private civil action for nuisance.
...entrated 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 facility and the agricultural activities do not violate federal, state, and local laws governing nuisances. |
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Section 903.14 | Submission to nonbinding arbitration prior to filing private civil action for nuisance.
... 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 divided proportionately among the parties. If the decision reached by the arbitrator is not accepted by all parties to the dispute, the complaining parties may file a civil action and the claim shall proceed as if it had not been submitted to nonbinding arbit... |
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Section 903.15 | Submitting complaint to director.
...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 receiving an oral complaint the director may... |
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Section 903.16 | Requiring corrective actions and assessing civil penalties [see Section 3 of H.B. 363 of the 128th General Assembly].
...ke to correct the deficiencies, and the time period within which the owner or operator must correct the deficiencies and attain compliance. (2) After the time period specified in the notice has elapsed, the director or the director's duly authorized representative has inspected the concentrated animal feeding facility, determined that the owner or operator is still not in compliance, and issued a notice of an adjudi... |
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Section 903.17 | Adjudicative hearing on corrective actions and civil penalties [see Section 3 of H.B. 363 of the 128th General Assembly].
...ke to correct the deficiencies, and the time period within which the owner or operator must correct the deficiencies and attain compliance. (2) After the time period specified in the notice has elapsed, the director or the director's duly authorized representative has inspected the animal feeding operation, determined that the owner or operator is still not in compliance, and issued a notice of violation to require ... |
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Section 903.18 | Issuing emergency orders.
... take effect immediately. A person to whom the order is directed shall comply immediately, but on application to the director shall be afforded an adjudication hearing in accordance with Chapter 119. of the Revised Code as soon as possible and not later than thirty days after application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it. The director's order is ap... |
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Section 903.19 | Livestock management fund.
...d 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. Money credited to the fund shall be used solely in the administration of this chapter. |
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Section 903.20 | Concentrated animal feeding facility advisory committee.
...l feeding facility located in it at the time that the official is appointed to the committee, one shall be a person who is licensed to practice veterinary medicine under Chapter 4741. of the Revised Code, one shall represent the interests of poultry producers, one shall represent the interests of swine producers, one shall represent the interests of dairy farmers, one shall represent the interests of beef cattle prod... |
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Section 903.25 | Other permits of political subdivisions may not be required.
... any officer, employee, agency, board, commission, department, or other instrumentality of a political subdivision to obtain a license, permit, or other approval pertaining to manure, insects or rodents, odor, or siting requirements for installation of an animal feeding facility. |
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Section 903.30 | Violation of national pollutant discharge elimination system and livestock management duties; prosecution.
...e sections or rules. (C) The attorney general, upon the written request of the director, shall prosecute any person who violates division (A) or (B) of this section. |
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Section 903.40 | Application of manure.
... 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 apply the manure by the director of agriculture. (B) The director shall issue, renew, and deny certifications... |
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Section 903.99 | Penalty.
...negligently when, because of a lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist. (B) Whoever recklessly violates division (A) or (B) of sec... |
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Section 904.01 | Definitions.
...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 ... |
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Section 904.02 | Ohio livestock care standards board created.
... Every other member shall hold office from the date of the member's appointment until the end of the term for which the member was appointed. Vacancies on the board shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. A m... |
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Section 904.03 | Factors to be considered in adopting rules governing care and well-being of livestock.
... used in agricultural, biological, or biomedical research or confined in research or medical facilities that operate in accordance with "The Guide for the Care and Use of Agricultural Animals in Research and Teaching" published by the federation of animal science societies or "The Guide for the Care and Use of Laboratory Animals" published by the national academy of sciences. |
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Section 904.04 | Administration and enforcement of chapter.
...resentative may enter at all reasonable times on any premises for the purpose of determining compliance with the rules adopted under section 904.03 of the Revised Code. If the director or the director's authorized representative is denied access to the premises and the director or the director's authorized representative suspects that those rules are not being complied with, the director may apply for a search warran... |
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Section 904.05 | Prohibited acts.
...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... |