Ohio Administrative Code
Title 1501:3 - Division of Forestry
Chapter 1501:3-12 - Control of Pollutants from Areas Used for Agriculture or Silviculture
Section 1501:3-12-06 - Forestry pollution complaint process
Universal Citation: OH Admin Code 1501:3-12-06
Current through all regulations passed and filed through September 16, 2024
(A) Pollution complaints. Any person who wishes to make a complaint regarding nuisances involving forestry pollution may do so orally or by submitting a written complaint to the chief or the chief's designee. By written agreement with the chief, the district may receive complaints or investigate them to determine whether forestry pollution has occurred or is imminent. The chief reserves the right to assume responsibility to investigate and resolve any complaint. The district shall provide the chief a copy of any complaint received. The district also shall inform the division of the complaint and provide relevant information concerning the silvicultural operation. The district chief or his designee shall gather information pertinent to the alleged violation. This information includes but is not limited to:
(1)
The location and
description of property and/or waters of the state allegedly being
damaged;
(2)
The nature and extent of damage;
(3)
The alleged
sources of forestry pollution;
(4)
Any efforts made
to obtain voluntary cooperation to eliminate the problem.
(B) Action initiated by the division.
(1)
When the division funds an apparent problem of forestry
pollution through its own observation, through notification by another agency,
or through a complaint from a person, the division may investigate the
complaint and shall inform the appropriate district of:
(a)
The location and
nature of the problem;
(b)
The location and description of the silvicultural
operation alleged to be causing the pollution problem;
(c)
The nature and
extent of damage;
(d)
Any assistance needed from the
district.
(2)
When the division investigates a complaint involving a
silvicultural operation that is allegedly not in compliance with the state
rules for forestry pollution abatement, a representative from the division will
contact the owner or operator and inform them of the complaint and explain the
forestry pollution abatement rules and standards. The division may perform an
investigation to determine whether or not there is compliance with this
chapter.
(3)
In order to investigate if there is a violation of the
rules for forestry pollution, such investigation by the division shall include
but not need to be limited to the following:
(a)
Identification of
property boundaries, streams, water courses, wetlands, ponds, lakes, water
wells, the general topography, and the general storm water runoff patterns if
applicable, including roof water;
(b)
Observation and
documentation of the nature and extent of existing or potential forestry
pollution damage; documentation may include photographs, video recording and
physical measurements; and/or
(c)
Records of
contact with the operator, complainant, cooperating agencies. The dates and
times of all investigations shall be recorded and kept on file along with a
copy of the complaint. Copies of all information shall be made available to the
district.
(4)
Investigation indicating no forestry pollution problem.
If the investigation report indicates that the operation is in compliance with
the rules for forestry pollution abatement, the division may offer to assist
the owner or operator in preparing a timber harvest plan for the operation as
it exists and have the district board or division chief approve it to provide
assistance that the operation is considered in compliance with the applicable
rules.
(a)
Offer
information and technical assistance for developing and evaluating alternative
solutions;
(b)
Provide information on financial assistance
available;
(c)
Offer to develop a timber harvest plan which complies
with the rules of forestry pollution abatement; and
(d)
Secure district
or chief approval of the timber harvest plan to provide assurance that the
operation is considered in compliance with the rules for forestry pollution
abatement.
(5)
Owner, operator, or person responsible for failure to
cooperate in a voluntary solution.
(a)
The division representative shall inform the district
board of supervisors and the chief of the facts established by the
investigative report, the succeeding action followed to seek compliance with
the rules, and the action or inaction taken by the owner or operator. If the
chief decides that a violation does exist and corrective action is needed, the
chief will develop a compliance schedule and inform the person in violation by
certified mail that they have a period of time to proceed voluntarily to
correct the violation.
(b)
If the owner or operator has failed to implement the
corrective actions in the time specified, the chief shall then decide if an
order shall be issued.
(C) Action by a district.
(1)
When a district, which has entered into an agreement with
the chief for the purpose of implementing the forestry pollution abatement
program, finds through a complaint that a silvicultural operation is allegedly
not in compliance with state rules for forestry pollution abatement, a
representative from the district will contact the owner or operator and explain
the district role in the forestry pollution abatement program. Upon receipt of
the complaint, the district shall give priority to conducting an investigation.
If the district determines it is unable to initiate an investigation within
three business days, the division shall be notified immediately. The chief or
the chief's designee shall initiate an investigation of the complaint within
three business days of notification by the district.
(2)
In order to
determine if there is violation of the rules for forestry pollution, such
investigation shall include but need not be limited to following:
(a)
Identification of
property boundaries, streams, water courses, wetlands, ponds, lakes, water
wells, the general topography, and the general storm water runoff patterns if
applicable, including roof water;
(b)
Observation and
documentation of the nature and extent of existing or potential forestry
pollution damage; documentation may include photographs, video recording and
physical measurements; and/or
(c)
Records of
contacts with the owner, operator, person responsible, complainant, and
cooperating agencies. The dates and times of all investigations shall be
recorded and on file along with a copy of the complaint. Copies of all
information related to the complaint shall be maintained in accordance with the
guidelines provided by the chief or designee.
(3)
Investigation
indicating no forestry pollution problem. If the investigation report indicates
that the operation is in compliance with the rules for forestry pollution
abatement, the district representative may offer to assist the owner or
operator in preparing a timber harvest plan for the operation as it exists and
have the district board approve it to provide assurance that the operation is
considered in compliance with applicable rules.
(4)
Owner, operator,
or person responsible interested in voluntary, cooperative solution. If the
investigation report indicates that a violation of the rules for forestry
pollution abatement exists and the landowner or operator is interested and
willing to seek a corrective solution, the district representative shall:
(a)
Offer information
and technical assistance for developing and evaluating alternative
solutions;
(b)
Provide information on financial assistance
available;
(c)
Offer to develop a timber harvest plan which complies
with the rules of forestry pollution abatement; and
(d)
Secure district
or chief approval of the timber harvest plan to provide assurance that the
operation is considered in compliance with the rules for forestry pollution
abatement.
(e)
Inform the owner, operator, or person responsible that
if a corrective action is not implemented within six months of the
investigation ,the district will review the complaint and determine if adequate
progress has been made towards a solution. If adequate progress has not been
made, then the division will request that the district refer the complaint to
the division for resolution or possible further enforcement
action.
(5)
Owner, operator, or person responsible for failure to
cooperate in a voluntary solution. If the investigative report indicates that a
violation of the rules of forestry pollution exists, but the owner, operator,
or person responsible is unwilling to cooperate in correcting the
problem:
(a)
The
district representative shall inform the district board of supervisors and the
division of the facts established by the investigative report, the succeeding
action followed to seek compliance with the rules, and the action or inaction
taken by the owner or operator. If the district board decides that a violation
does exist and corrective action is needed, the board will inform the person in
violation by certified mail of the period of time available, as determined and
specified by the district, for the person to proceed voluntarily to correct the
violation.
(b)
If the owner, operator, or person responsible has
failed to implement the corrective actions in the time specified, the board may
choose to invite the owner, operator, or person responsible by certified mail
to the next regularly scheduled board meeting or file a copy of their findings
with the division and a copy to the alleged violator and to the complainant if
appropriate, and request the chief to issue an order. These findings
include:
(i)
The
investigative report by the district representative;
(ii)
Any pertinent
testimony by the person in violation;
(iii)
A copy of the
district's decision as recorded;
(iv)
Alternative
methods for correcting the violation;
(v)
Practices needed
and cost-share eligibility;
(vi)
A timely
sequence for application of corrective measures; and
(vii)
A time period
(specified by the district) for completion of all corrective and control
measures.
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