Ohio Administrative Code
Title 901:10 - Livestock Environmental Permitting
Chapter 901:10-1 - General Requirements
Section 901:10-1-06 - Certified livestock manager
Universal Citation: OH Admin Code 901:10-1-06
Current through all regulations passed and filed through December 16, 2024
(A) Purpose and applicability.
(1) The management and handling of manure at
a major concentrated animal feeding facility, shall be conducted by or under
the supervision of a person that has a current livestock manager certification
and that is reasonably available to the facility.
(2) No person who is a livestock manure
broker shall buy, sell, or land apply annually more than four thousand five
hundred dry tons of solid manure or more than
twenty-five million gallons of liquid manure unless the person is a certified
livestock manager.
(3) No person
who is a livestock manure applicator shall land apply and transport annually
more than four thousand five hundred dry tons of solid manure or more than twenty-five million gallons
of liquid manure unless the person is a certified livestock manager.
(4) Any person subject to this rule who is
either a livestock manure broker or a livestock manure applicator shall
maintain an operating record on forms provided by the department and other
forms selected by the livestock manure broker or livestock manure applicator
and approved by the director. The operating record shall be retained for a
minimum period of five years, shall be made available to the director upon
request, and shall record and document in accordance with paragraph (B) of rule
901:10-2-16 of the
Administrative Code.
(5) In order
for a person to manage or handle manure at a major concentrated animal feeding
facility or for a person to either transport and land apply manure or to, buy,
sell or land apply annually more than four thousand five hundred dry tons of
solid manure or more than twenty-five million gallons of liquid manure in this
state, the
person shall obtain a livestock manager certification from the
department.
In the alternative, the person may present a certified copy of an equivalent and valid manure manager certification from another state, which has been verified by the director or the director's designated representative, together with the appropriate fee as listed in the fee rule.
(6) This rule does not apply to a person who
is an owner or operator of a concentrated animal feeding facility permitted by
the director in accordance with section
903.02 of the Revised Code or
section 903.03 of the Revised Code,
unless that person applies other manure from another animal feeding facility,
concentrated animal feeding facility, or major concentrated animal feeding
facility in excess of four thousand five hundred dry tons per year of solid manure or more than
twenty-five million gallons of liquid manure per year.
(7) A person is considered to be under
supervision of a certified livestock manager if the holder of the certification
is reasonably available, but not necessarily physically present, during the
management and handling of manure. The certified livestock manager cannot claim
the lack of presence as a defense under Chapter 903. of the Revised
Code.
(B) Application and certification procedures.
(1) In order to
be a certified livestock manager, the applicant must meet the requirements in
paragraphs (D)(1) to (D)(5) of this rule.
(2) The applicant for a livestock manager
certification shall file an application on a form provided by the director. The
application shall include but not be limited to: address and telephone number
of the applicant; the results of the applicant's test results for any
examination completed by the applicant as described in paragraphs (D)(1) to
(D)(5) of this rule; and if applicable, the quantity of manure managed or
handled by the applicant.
(3) All
certifications issued shall expire on December thirty-first of the third year
after the year in which the certificate was issued and each December thirty-
first triennially thereafter, unless renewed in accordance with this rule. Any
certification issued shall be valid for three years and thereafter be subject
to renewal. A renewal shall be valid for three years.
(4) The department shall charge an
appropriate fee as listed in the fee rule
901:10-1-04 of the
Administrative Code for the issuance and renewal of a livestock manager
certification.
(5) In order for a
certification to be renewed, the holder must accumulate ten hours of continuing
education credit over a three year period immediately preceding the date of
application.
(C) Enforcement.
(1) The director may suspend,
revoke or deny a livestock manager certification if the certified livestock
manager:
(a) Engages in fraud or deceit in
obtaining a certification;
(b) Fails to exercise reasonable care,
judgment or use of the manager's knowledge and ability in the performance of
the duties of a certified livestock manager;
(c)
Is incompetent or otherwise unable to properly perform the duties of a
certified livestock manager; or
(d)
Has violated or caused to be violated Chapter 903. of the Revised Code and any rules adopted thereunder.
(2)
If the director
proposes to suspend, revoke, or deny a livestock manager certification, the
livestock manager may appeal the director's proposed action in accordance with
Chapter 119. of the Revised Code.
(3)
Suspension of a livestock manager certification.
(a)
Suspension of a livestock manager certification will be
in effect for a period of not less than two hundred seventy days. The director
may suspend a livestock manager certification for an indefinite period as
determined by the director's authority under this rule and division (D) of
section 903.10 of the Revised
Code.
(b)
After the required two hundred seventy days has
passed and if there is substantial evidence that the conditions leading to the
suspension have been corrected, the director may issue a certificate to
reinstate the suspended livestock manager certification.
(c)
If a livestock
manager certification is suspended indefinitely, a person may apply in writing
for reinstatement. The petition must include any relevant facts concerning
changes to conditions under which suspension occurred. If substantial evidence
that the conditions leading to the suspension have been corrected, the director
may issue a certificate to reinstate the suspended livestock manager
certification.
(4)
Revocation of a livestock manager certification is
permanent as determined by the director's authority under this rule and
division (D) of section
903.10 of the Revised
Code.
(5) If a certified livestock manager fails to
renew
a
certification within thirty days of its expiration,
the certified
livestock manager must
submit an application for certification and meet
the requirements of paragraph (B) of this rule.
(6)
The director may
assess penalties against the certified livestock manager in accordance with
section 903.16 of the Revised Code and
rule 901:10-5-04 of the
Administrative Code for violations of section
903.07 of the Revised Code, any
provision of rules adopted under Chapter 903. of the Revised Code, or for
failing to comply with best management practices established in the rules. The
person is entitled to a hearing in accordance with Chapter 119. of the Revised
Code.
(D) Training and examination procedures.
(1) The department may offer a training
program and an examination for a livestock manager certification. The applicant
shall have knowledge of information on topics that include calculating nutrient
values in manure, devising and implementing a plan for the land application of
manure, removing manure held in a manure storage or treatment facility and
following best management practices for disposal of dead animals and manure
management, including practices that control odor and protect the environment.
The applicant shall be expected to have knowledge of how to devise and
implement a manure management plan and an insect and rodent control plan. In
addition, the applicant shall understand the laws and rules related to animal
feeding facilities.
(2) An
applicant for a livestock manager certification shall pay a fee as required by
rule 901:10-1-04 of the
Administrative Code.
(3) The
director may specify other types of recognized training programs that, if
completed, are considered to satisfy the training and examination
requirement.
(4) The director has
determined that the following training and certification programs satisfy this
rule:
(a) If an applicant for a livestock
manager certification demonstrates knowledge of the information of
the topics set forth in paragraph (D)(1) of this rule and
has completed the training
provided in accordance with the "certified crop advisor" program conducted by
the "American Society of Agronomy" and demonstrates
a
passed
exam, then the applicant will be eligible for a
certificate issued in accordance with this rule; or
(b) If the applicant for a livestock manager
certificate demonstrates knowledge of the information of the topics set forth in paragraph
(D)(1) of this rule and has
completed the training and certification of the United States department of
agriculture natural resource conservation service relating to being a certified
planner to prepare comprehensive nutrient management plans, then the applicant
will be eligible for a certificate issued in accordance with this
rule.
(5) The department
may cooperate with or enter into cooperative agreements with any official
agency of the federal government, of this state or its subdivisions, or other
academic or private institutions for the purpose of administration of the
training and examination portions of Chapter 903. of the Revised
Code.
(6) In accordance with
section 903.20 of the Revised Code, the
director may call upon the concentrated animal feeding facility advisory
committee to assist in establishing the standards of training and
examination.
(7) Training and
examination opportunities will be provided at such times and places as
determined by the department in consideration of the number and location of
requests.
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