Ohio Revised Code Search
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Section 903.11 | Contracts or agreements to carry out purposes of chapter.
...s for permits to install, permits to operate, or NPDES permits that are issued under this chapter or for the inspection of a facility regulated under this chapter or with any person for the issuance of any of those permits or for the enforcement of this chapter and rules adopted under it. (B) The director may administer grants and loans using moneys from the federal government and other sources, public or private, f... |
Section 903.12 | Right of entry for investigations and inspections.
...(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... |
Section 903.13 | Affirmative defenses in private civil action for nuisance.
...ltural 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 facility and the agricultural activities do not violate federal, s... |
Section 903.14 | Submission to nonbinding arbitration prior to filing private civil action for nuisance.
...ltural 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 divided proportionately among the parties. If the decision reached by the arbitr... |
Section 903.15 | Submitting complaint to director.
...ector 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, c... |
Section 903.16 | Requiring corrective actions and assessing civil penalties [see Section 3 of H.B. 363 of the 128th General Assembly].
...gainst 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 install or permit to operate issued for the concentrated animal feeding facility, including the requiremen... |
Section 903.17 | Adjudicative hearing on corrective actions and civil penalties [see Section 3 of H.B. 363 of the 128th General Assembly].
... the NPDES provisions of a permit to operate, or rules adopted under division (E) of section 903.10 of the Revised Code. However, the director may impose a civil penalty only if all of the following occur: (1) The owner or operator is notified in writing of the deficiencies resulting in noncompliance, the actions that the owner or operator must take to correct the deficiencies, and the time period within which the o... |
Section 903.18 | Issuing emergency orders.
...(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... |
Section 903.19 | Livestock management fund.
...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. ... |
Section 903.20 | Concentrated animal feeding facility advisory committee.
...(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... |
Section 903.25 | Other permits of political subdivisions may not be required.
...lds 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 940.06 of the Revised Code shall not be required by any poli... |
Section 903.30 | Violation of national pollutant discharge elimination system and livestock management duties; prosecution.
...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 shall violate or fail to perform any duty required by sections 903.01 to 903.07 of the Revised Code, violate a rule, or violate an order or term or condition of a pe... |
Section 903.40 | Application of manure.
...all 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 fo... |
Section 903.99 | Penalty.
...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 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... |