2006 Ohio Revised Code - [903.08.2] 903.082.Additional facilities that may be required to be permitted as medium or small feeding operation.

[§ 903.08.2] § 903.082. Additional facilities that may be required to be permitted as medium or small feeding operation.
 

(A)  The director of agriculture may determine that an animal feeding facility that is not a medium concentrated animal feeding operation or small concentrated animal feeding operation as defined in section 903.01 of the Revised Code nevertheless shall be required to be permitted as a medium or small concentrated animal feeding operation when all of the following apply: 

(1) The director has received from the chief of the division of soil and water conservation in the department of natural resources a copy of an order issued under section 1511.02 of the Revised Code that specifies that the animal feeding facility has caused agricultural pollution by failure to comply with standards established under that section and that the animal feeding facility therefore should be required to be permitted as a medium or small concentrated animal feeding operation. 

(2) The director or the director's authorized representative has inspected the animal feeding facility. 

(3) The director or the director's authorized representative finds that the facility is not being operated in a manner that protects the waters of the state. 

(B)  If an animal feeding facility is required to be permitted in accordance with this section, the owner or operator of the facility shall apply to the director for a permit to operate as a concentrated animal feeding operation. In a situation in which best management practices cannot be implemented without modifying the existing animal feeding facility, the owner or operator of the facility also shall apply for a permit to install for the facility. 

(C)  In the case of an animal feeding facility for which a permit to operate is required under this section, a permit to operate shall not be required after the end of the five-year term of the permit if the problems that caused the facility to be required to obtain the permit have been corrected to the director's satisfaction. 
 

HISTORY: 150 v H 152, § 1, eff. 11-5-03.

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