Current through all regulations passed and filed through September 16, 2024
(A)
The following
violations shall be considered minor violations:
(1)
Violations of
rule 901:13-1-07 of the
Administrative Code;
(2)
Violations of rule
901:13-1-08 of the
Administrative Code;
(3)
Violations of rule
901:13-1-09 of the
Administrative Code;
(4)
Violations of paragraph (B)(4) of rule
901:13-1-11 of the
Administrative Code;
(5)
Violations of rule
901:13-1-12 of the
Administrative Code; and
(6)
Violations of paragraph (E) of rule
901:13-1-19 of the
Administrative Code.
(B)
The following
violations shall be considered moderate violations:
(1)
Violations of
rule 901:13-1-02 of the
Administrative Code;
(2)
Violations of rule
901:13-1-03 of the
Administrative Code;
(3)
Violations of rule
901:13-1-04 of the
Administrative Code;
(4)
Violations of rule
901:13-1-05 of the
Administrative Code;
(5)
Violations of rule
901:13-1-06 of the
Administrative Code;
(6)
Violations of paragraph (A) of rule
901:13-1-11 of the
Administrative Code;
(7)
Violations of paragraph (C) of rule
901:13-1-11 of the
Administrative Code;
(8)
Violations of rule
901:13-1-13 of the
Administrative Code;
(9)
Violations of paragraph (A) of rule
901:13-1-19 of the
Administrative Code;
(10)
Violations of paragraph (F) of rule
901:13-1-19 of the
Administrative Code; and
(11)
Violations of paragraph (G) of rule
901:13-1-19 of the
Administrative Code.
(C)
Events of
noncompliance with section
939.08 of the Revised Code and
paragraphs (B)(1), (B)(2), (B)(3), and (B)(5) of rule
901:13-1-11 of Administrative
Code that meet all of the following parameters shall be considered moderate
violations:
(1)
The total volume of the manure application is less than
three hundred and fifty tons of solid manure or one hundred thousand gallons of
liquid manure;
(2)
The manure application does not pose a significant risk
of harm to public health or the environment; and
(3)
The manure
application has not resulted in any discharge of manure that enters the waters
of the state.
(D)
Events of noncompliance with section
939.08 of the Revised Code and
paragraphs (B)(1), (B)(2), (B)(3), and (B)(5) of rule
901:13-1-11 of Administrative
Code that meet any of the following parameters shall be considered major
violations:
(1)
The total volume of the manure application is equal to or
more than three hundred fifty tons of solid manure, or one hundred thousand
gallons of liquid manure.
(2)
The manure application poses a significant risk of harm
to public health or the environment.
(3)
The manure
application has resulted in a discharge of manure that enters the waters of the
state.
(E)
Pursuant to sections
939.02 and
939.09 of the Revised Code, a
schedule of fines for violations identified in paragraphs (A), (B), (C) and (D)
of this rule is hereby established:
(1)
The department may assess the following civil penalties
for any minor violation:
(a)
Not more than two hundred fifty dollars for a first
violation;
(b)
Not more than one thousand dollars for a second
violation; and
(c)
Not more than five thousand dollars for a third
violation.
(2)
The department may assess the following civil penalties
for any moderate violation:
(a)
Not more than two thousand dollars for a first
violation;
(b)
Not more than five thousand dollars for a second
violation; and
(c)
Not more than ten thousand dollars for a third
violation.
(3)
The department may assess a civil penalty of not more
than ten thousand dollars for any major violation.
(F)
Failure to take
corrective action as specified by the director or the director's designated
representative for any minor violation may be considered a moderate
violation.
(G)
Failure to take corrective action as specified by the
director or the director's designated representative for any moderate violation
may be considered a major violation.
(H)
All money paid
under paragraph (E) of this rule shall be deposited into the agricultural
pollution abatement fund.
Replaces: 901:13-1-99
Effective: 7/28/2017
Five Year Review
(FYR) Dates: 07/28/2022
Promulgated Under: 119.03
Statutory Authority: 939.02,
939.09
Rule Amplifies: 939.07, 939.08, 939.09
Prior
Effective Dates: 1/31/2016
