2006 Ohio Revised Code - 903.02. Program for issuance of permits to install.

§ 903.02. Program for issuance of permits to install.
 

(A) (1)  Not later than one hundred eighty days after March 15, 2001, the director of agriculture shall prepare a program for the issuance of permits to install under this section. 

(2) On and after the date on which the director has finalized the program required under division (A)(1) of this section, no person shall modify an existing or construct a new concentrated animal feeding facility without first obtaining a permit to install issued by the director under this section. 

(B)  The director or the director's authorized representative may help an applicant for a permit to install during the permitting process by providing guidance and technical assistance. 

(C)  An applicant for a permit to install shall submit an application to the director on a form that the director prescribes and provides together with a fee in an amount established by rule. The applicant shall include with the application all of the following information: 

(1) The name and address of the applicant, of all partners if the applicant is a partnership or of 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; 

(2) The type of livestock and the number of animals that the concentrated animal feeding facility would have the design capacity to raise or maintain; 

(3) Designs and plans for the proposed construction of the concentrated animal feeding facility that include the proposed location of the construction, design and construction plans and specifications, anticipated beginning and ending dates for work performed, and any other information that the director requires by rule; 

(4) In the case of an application for a concentrated animal feeding facility that meets the criteria established in sections 307.204 [307.20.4] and 505.266 [505.26.6] 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 concentrated animal feeding facility would be located certifying that, in accordance with those sections, the applicant has provided the boards with the required written notification and that final recommendations were selected regarding improvements, if any, to county or township infrastructure that are needed as a result of the new or expanded concentrated animal feeding facility and the costs of those improvements; 

(5) A statement of the quantity of water that the concentrated animal feeding facility will utilize on an average daily and annual basis, a detailed description of the basis for the calculation utilized in determining the quantity of water utilized, and a statement identifying the source for the water; 

(6) Information concerning the applicant's past compliance with the Federal Water Pollution Control Act required to be provided under section 903.05 of the Revised Code, if applicable; 

(7) Any other information required by rule. 

Information required to be included in an application for the modification of a permit to install, together with the applicable fee amount, shall be established in rules. 

(D)  The director shall issue permits to install in accordance with section 903.09 of the Revised Code. The director shall deny a permit to install if either of the following applies: 

(1) The permit application contains misleading or false information. 

(2) The designs and plans fail to conform to best management practices. 

Additional grounds for the denial of a permit to install shall be those established in this chapter and rules. 

(E)  A permit to install shall expire after a period specified by the director 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. The director may extend the expiration date of a permit to install upon request of the applicant. 

(F)  The director may modify, suspend, or revoke a permit to install in accordance with rules. 

(G)  Nothing in this chapter affects section 1521.16 of the Revised Code. 
 

HISTORY: 148 v S 141. Eff 3-15-2001; 150 v H 152, § 1, eff. 11-5-03.
 

Not analogous to former RC § 903.02 (GC § 1172; 106 v 122(123), § 7; 109 v 105(126); Bureau of Code Revision, 10-1-53), repealed 139 v H 583, § 2, eff 3-16-82.

The provisions of § 4 of SB 141 (148 v  - ) read as follows: 

SECTION 4. (A) As used in this section, "concentrated animal feeding operations," "animal feeding facilities," and "manure" have the same meanings as in section 903.01 of the Revised Code, as enacted by this act. 

(B) On the date on which the Director of Agriculture has finalized the program required under division (A)(1) of section 903.02 of the Revised Code, as enacted by this act, the Director of Environmental Protection shall provide the Director of Agriculture with both of the following: 

(1) Copies of all permits issued under division (J)(1) of section 6111.03 of the Revised Code for the installation of disposal systems for concentrated animal feeding operations, animal feeding facilities, or manure that were issued on or before that date together with any related information that the Director of Agriculture requests; 

(2) All permit applications and accompanying information that were submitted under division (J)(1) of section 6111.03 of the Revised Code prior to the date specified in division (B) of this section for the installation of disposal systems identified in that division. 

(C) On the date on which the United States Environmental Protection Agency approves the NPDES program submitted by the Director of Agriculture under section 903.08 of the Revised Code, as enacted by this act, the Director of Environmental Protection shall provide the Director of Agriculture with both of the following: 

(1) Copies of all permits issued under division (J)(1) of section 6111.03 of the Revised Code for the discharge of manure and the discharge of storm water from concentrated animal feeding operations or animal feeding facilities that were issue on or before that date together with any related information that the Director of Agriculture requests; 

(2) All permit applications and accompanying information that were submitted under division (J)(1) of section 6111.03 of the Revised Code prior to the date specified in division (C) of this section for the activities identified in that division. 

 

Effect of Amendments

H.B. 152, Acts 2003, effective November 5, 2003, substituted "March 15, 2001" for "the effective date of this section" in (A)(1); and substituted "animals" for "animal units" in (C)(2).