(A) The
owner or operator of a facility need not seek continued permit coverage under a
permit to operate or reapply for a permit to operate if the facility is no longer a concentrated
animal feeding facility or if the facility
is no longer required to maintain permit coverage in the permit program in
accordance with section
903.082 of the Revised Code.
(B)
The owner
or operator of a concentrated animal feeding operation need not reapply for an
NPDES permit if the concentrated animal feeding operation will not discharge or
propose to discharge upon expiration of the NPDES permit.
(C)
Permittees who plan to end permit coverage must submit a closure plan. The
owner or operator shall notify the director in writing and allow the director
an opportunity to inspect the facility to verify that a permit is no longer
required and that the facility is closed for purposes of Chapter 903. of the
Revised Code and in accordance this rule. Thereafter, the director will notify
the owner or operator in writing that the facility is closed in accordance with
this rule.
(1) If all of a concentrated animal
feeding facility or a concentrated animal feeding operation will be closed or
discontinued, the owner or operator shall implement a closure plan for all of
the concentrated animal feeding facility or concentrated animal feeding
operation. At least ninety days before closure, the owner or operator shall
submit a closure plan for the director's approval that provides for the
following:
(a) Implementation of best
management practices during closure.
(b) Removal of all manure from the manure
storage or treatment facilities.
(c) Removal of all associated appurtenances
and conveyance structures from liquid manure storage or treatment
facilities.
(d) Land application of
the manure in accordance with rule
901:10-2-14
of the Administrative Code or disposal in another manner allowed by this
chapter.
(e) If a manure storage or
treatment facility will be filled with soil or if it will be demolished, the
director may require a complete description or outline for the plan and
specifications that will be required for this type of
closure.
(2) If the
design capacity of the facility will be reduced so that the facility is no
longer required to be covered under a permit to operate or an NPDES permit,
because of closure of animal housing buildings, then the owner or operator
shall, at least ninety days before such closure, submit for the director's
approval and thereafter shall
implement a closure plan that provides for
the following:
(a) Implementation of best
management practices during closure.
(b) A detailed explanation of how the design
capacity of the facility will be reduced. This explanation would include
information such as, but not limited to:
(i)
A
description of the reduction of animals per cage, pen, lot or barn;
(ii)
The reason for
the reduction; and
(iii)
Assurance that the reduction is intended to be
permanent in nature and any other information that is deemed necessary by the
director in order to explain the closure of the facility.
(c) Any other action necessary to
prevent a discharge of manure that was generated while the operation was a
concentrated animal feeding operation, other than agricultural stormwater from
application areas.
(3) If
the design capacity of the facility will be reduced so that the facility is no
longer required to be covered under a permit to operate or an NPDES permit, but
there will be no actual closure of any housing buildings or of a manure storage
or treatment facility, then the owner or operator shall, at least ninety days
before such closure, submit for the director's approval, and thereafter shall
implement, a closure plan that provides for the following:
(a) Implementation of best management
practices during closure.
(b) A
detailed explanation of how the design capacity of the facility will be reduced
without any closure of a housing building. This explanation would include
information such as, but not limited to: a description of the reduction of
animals per cage, pen, lot or barn, reason for reduction, assurance that the
reduction is intended to be permanent in nature and any other information that
is deemed necessary by the director in order to explain the closure of the
facility.
(c) If a closure of the
facility involves a part of the facility being transferred to a different
owner, then the owner or operator of the permitted facility must provide the
following:
(i) A copy of a revised site map
showing new property lines and new ownership of each lot;
(ii) A copy of any new deed;
and,
(iii) Documentation that demonstrates how the facility, after the
land transfer, will not continue to meet the definition of either a
concentrated animal feeding facility or a concentrated animal feeding
operation.
(d) Any other
action necessary to prevent a discharge of manure that was generated while the
operation was a concentrated animal feeding operation, other than agricultural
stormwater from application areas.
(D)
If a permittee seeks to close permanently a manure storage or treatment
facility or to close the entire facility temporarily without terminating permit
coverage, the permittee must submit a closure plan. The owner or operator shall
notify the director in writing and allow the director an opportunity to inspect
the facility to verify that the facility or a portion of the facility is closed
for purposes of Chapter 903. of the Revised Code and in accordance this rule.
Thereafter, the director will notify the owner or operator in writing that the
facility is closed in accordance with this rule.
(1) If all or part of a manure storage or
treatment facility at a concentrated animal feeding facility or a concentrated
animal feeding operation will be closed or discontinued, the owner or operator
shall implement a closure plan for all or part of the manure storage or
treatment facility. At least ninety days before closure, the owner or operator
shall submit such a closure plan for the director's approval that provides for
the following:
(a) Implementation of best
management practices during closure.
(b) Removal of all manure from the
discontinued portions of the manure storage or treatment facility.
(c) Removal of all associated appurtenances
and conveyance structures from discontinued liquid manure storage or treatment
facilities.
(d) Land application of
the manure in accordance with rule
901:10-2-14
of the Administrative Code or disposal in another manner allowed by this
chapter.
(e) Calculations showing
the remaining manure storage and days of storage for the facility that would
allow for compliance with the permit to operate or NPDES permit, or Chapter
901:10-2 of the Administrative Code.
(f) If a manure storage or treatment facility
will be filled with soil or if it will be demolished, the director may require
a complete description or outline for the plan and specifications that will be
required for this type of closure.
(2) If a concentrated animal feeding facility
or a concentrated animal feeding operation is to be temporarily closed or
discontinued, the owner or operator shall implement a closure plan that
addresses the temporary closure of the facility. At least ninety days before
closure, the owner or operator shall submit such a closure plan for the
director's approval that provides for the following:
(a) Implementation of best management
practices during closure.
(b)
Removal of manure from the manure storage or treatment facilities.
(c) Land application of the manure in
accordance with rule
901:10-2-14
of the Administrative Code or disposal in another manner allowed by this
chapter.
(d) Calculations showing
the remaining manure storage and days of storage for the facility that would
allow for compliance with the permit to operate or NPDES permit, or Chapter
901:10-2 of the Administrative Code.
(e) Any other action necessary to prevent a
discharge of manure during the time of the temporary closure, other than
agricultural stormwater from application areas.
(3) If the closure would constitute a
modification as defined in rule
901:10-1-01 of the
Administrative Code, the owner or operator shall apply for a permit
modification removing the closed portions of the facility from the permit and
recalculating the storage volume for the facility. If applicable, the owner or
operator shall also submit an application for a permit to install.