Current through all regulations passed and filed through December 16, 2024
(A) Requirements
for an individual permit to install, an individual permit to operate, or an
individual NPDES permit:
(1) A person who 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 these permits simultaneously.
(2) A facility that is required to obtain
both an 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 permit as federally enforceable. For purposes of Chapters
901:10-1 to 901:10-6 of the Administrative Code, the term NPDES permit, NPDES
operation, and concentrated animal feeding operation is an animal feeding
facility that is subject to the NPDES permit as established in section 402 of
the act and includes the renewal of such a permit. NPDES permit includes the
federally enforceable provisions of a permit to operate into which NPDES permit
provisions have been incorporated.
A person who seeks coverage by a general permit must refer to
rules 901:10-3-11, and
901:10-4-01 to
901:10-4-05 of the
Administrative Code for a general permit to operate, general NPDES permit or
general NPDES stormwater permit.
(3) An application for a permit to install, a
permit to operate, or a NPDES permit to be deemed complete, must include:
(a) All required information as set forth in
Chapter 901:10-2 and, if applicable, Chapter 901:10-3 of the Administrative
Code, and shall accompany the application; and
(b) An appropriate fee as stated in rule
901:10-1-04 of the
Administrative Code.
(c) Any
supplemental information which is completed to the satisfaction of the
director.
(d) If the application
and accompanying materials submitted to the department is deemed to be
incomplete, the department will notify the owner or operator with instructions
as to what is missing or what needs to be completed.
(4) An application for a permit to install,
permit to operate or NPDES permit shall include information on ownership and
background, including but not limited to, the following information:
(a) The name and address of the applicant, of
all partners if the applicant is a partnership or all officers and directors if
the applicant is a corporation, and of any other person who has a right to
control or in fact controls management of the applicant or the selection of
officers, directors or managers of the applicant;
(b) When required by section
903.05 of the Revised Code, each
application for a permit to install or permit to operate must contain
information on a record of past compliance if the applicant has not operated a
concentrated animal feeding facility in Ohio for at least two of the five years
immediately preceding the submission of the application. If the permit to
install and the permit to operate are submitted simultaneously as provided in
division (A)(9) of section
903.10 of the Revised Code, then
the following information is sufficient to satisfy the requirements of the
permits:
(i) A listing of all concentrated
animal feeding facilities that the owner or operator of the proposed new or
modified concentrated animal feeding facility has operated or is operating in
Ohio;
(ii) A listing of the
concentrated animal feeding facilities that the owner or operator has operated
or is operating elsewhere in the United States and that are regulated under the
Federal Water Pollution Control Act together with a listing of the concentrated
animal feeding facilities that the owner or operator has operated or is
operating outside the United States;
(iii) A listing of all administrative
enforcement orders issued to the owner or operator, all civil actions in which
the owner or operator was determined by the trier of fact to be liable in
damages or was the subject of injunctive relief or another type of civil
relief, and all criminal actions in which the owner or operator pleaded guilty
or was convicted during the five years immediately preceding the submission of
the application in connection with any violation of the federal Water Pollution
Control Act, the Safe Drinking Water Act, as defined in section
6109.01 of the Revised Code or
any other applicable state laws pertaining to environmental protection that was
alleged to have occurred or to be occurring at any concentrated animal feeding
facility that the owner or operator has operated or is operating in the United
States or with any violation of the environmental laws of another country that
was alleged to have occurred or to be occurring at any concentrated animal
feeding facility that the owner or operator has operated or is operating
outside of the United States. The lists of concentrated animal feeding
facilities operated by the owner or operator within or outside this state or
outside the United States shall include, respectively, all such facilities
operated by the owner or operator during the five year period immediately
preceding the submission of the application.
(5) In the case of an application for a major
concentrated animal feeding facility, written proof that the person who would
be responsible for the supervision of the management and handling of manure at
the facility has been issued a livestock manager certification in accordance
with section 903.07 of the Revised Code or
will obtain a livestock manager certification prior to applying any manure to
land.
(6) In the case of an
application that meets the criteria established in sections
307.204 and
505.266 of the Revised Code,
written statements from the board of county commissioners of the county and the
board of township trustees of the township in which the facility will be
located, certifying that, in accordance with those sections, the applicant has
provided the boards with the required written notification and that final
recommendations, if any, regarding improvements and costs of improvements have
been made by the boards.
(7) An
application for a permit to install a concentrated animal feeding facility
shall contain documentation or correspondence that verifies that the owner or
operator has notified local officials, including boards of county
commissioners, county engineer, and boards of township trustees to address
infrastructure needs and financing of that infrastructure which includes but is
not limited to:
(a) The anticipated travel
routes of motor vehicles to and from the facility;
(b) Notwithstanding any exemptions that may
be applicable under section
5577.042 of the Revised Code,
the owner or operator shall provide the anticipated number and weights of motor
vehicles traveling to and from the facility with an estimated maximum overall
gross weight of vehicles upon the road surface;
(c) Operational needs of the proposed
facility for access to roads and location of such access; and
(d) Operational needs of the proposed
facility for access to tiles, culverts, off-site drainage, rights-of-way for
manure transport.
(8) A
certification statement as follows: "I certify under penalty of law that this
document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. "Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible
for gathering information the information is, to the best of my knowledge and
belief, true and accurate and complete. I am aware there are significant
penalties for submitting false information including the possibility of fine
and imprisonment for knowing violations."
(9) A complete application is required.
(a) Any person who requires a permit shall
complete, sign, and submit to the director an application for each permit
required and a copy of that application for each permit required.
(b) The director shall not begin the
processing of a permit until the applicant has fully complied with the
application requirements for the permit.
(c) Permit applications must comply with the
signature and certification requirements of this rule.
(d) If an applicant fails or refuses to
correct deficiencies in the application, the permit may be denied in accordance
with division (F) of section
903.09 of the Revised Code and
appropriate enforcement actions may be taken under applicable provisions of the
Chapter 903. of the Revised Code and rules promulgated there under.
(B) The owner or
operator shall maintain a copy of the current permit to install, permit to
operate or NPDES permit issued by the department at the facility site
office.
(C) Duration and renewal.
(1) Permit to install.
(a) A permit to install shall expire after
twenty-four months unless the applicant has undertaken a continuing program of
construction or has entered into a binding contractual obligation to undertake
and complete a continuing program of construction within a reasonable
time.
(b) The director may extend
the expiration of a permit to install upon request of the applicant. An
extension, if approved, will be valid for twelve months from the previous
expiration date of the permit to install.
(c) Any further extensions are at the
discretion of the director.
(2) Permit to operate.
(a) A permit to operate shall be valid for a
period of five years.
(b) A permit
to operate may be renewed. An application for renewal of a permit to operate
shall be submitted to the director at least one hundred eighty days prior to
the expiration date of the permit to operate and shall comply with the
requirements governing application for permits to operate that are established
by rules, including rules
901:10-2-07 to
901:10-2-20 of the
Administrative Code.
(D) NPDES permit.
(1) Any person who discharges or proposes to
discharge pollutants and who does not have an effective permit, except persons
covered by a general permit under Chapter 901:10-4 of the Administrative Code,
must submit a complete application to the director in accordance with this rule
and Chapter 901:10-2 of the Administrative Code.
(2) Any person proposing a new discharge
shall submit an application at least one hundred and eighty days before the
date on which the discharge is to commence unless permission for a later date
has been granted by the director. Facilities proposing a new discharge of storm
water associated with industrial activity shall submit an application one
hundred and eighty days before that facility commences industrial activity
which may result in a discharge of storm water associated with that industrial
activity.
(3) When a concentrated
animal feeding operation is owned by one person but is operated by another
person, the operator may obtain a permit.
(4) Facilities undergoing construction
activities that include clearing, grading, excavating, grubbing and/or filling
activities that result in the disturbance of one or more acres shall submit
applications at least ninety days before the date on which construction is to
commence. Different submittal dates may be required under the terms of
applicable general permits.
(5)
Applicants for concentrated animal feeding operations must submit form
2B.
(6) A NPDES permit shall be
valid for a period not to exceed five years.
(7) A NPDES permit may be renewed. An
application for renewal of a NPDES permit shall be submitted to the director at
least one hundred eighty days prior to the expiration date of the NPDES permit
and shall comply with the requirements governing applications for permit to
operate and NPDES permit applications that are established in Chapters 901:10-2
and 901:10-3 of the Administrative Code.
(E) A permit to operate application that is
not connected with an application for a NPDES permit or a permit to install
shall be acted upon not later than ninety days after receipt of a complete
application as provided by paragraph (A)(9) of this rule. The director or the
director's authorized representative may provide guidance and technical
assistance to the applicant, provided that the owner or operator is responsible
for compliance with the permit and the director shall not be estopped from
enforcement.