Ohio § 903.10
Full text of Ohio Ohio Revised Code § 903.10, with citation guidance and answers to common questions.
§ 903.10.
The director of agriculture may adopt rules in accordance with Chapter 119. of the
Revised Code that do all of the following: (A) Establish all of the following concerning permits to install and permits to operate: (1) A description of what constitutes a modification of a concentrated animal feeding
facility; (2) A description of what constitutes a major operational change at a concentrated animal
feeding facility; (3) The amount of the fee that must be submitted with each permit application and each
application for a permit modification; (4) Information that must be included in the designs and plans required to be submitted
with an application for a permit to install and criteria for approving, disapproving,
or requiring modification of the designs and plans; (5) Information that must be included in a manure management plan required to be submitted
with an application for a permit to operate; (6) Information that must be included in an application for the modification of an installation
permit, a permit to install, or a permit to operate; (7) Information that must be included in an application for approval of a major operational
change at a concentrated animal feeding facility; (8) Any additional information that must be included with a permit application; (9) Procedures for the issuance, denial, modification, transfer, suspension, and revocation
of permits to install and permits to operate, including general permits; (10) Procedures for the approval or denial of an application for approval of a major operational
change at a concentrated animal feeding facility; (11) Grounds for the denial, modification, suspension, or revocation of permits to install
and permits to operate in addition to the grounds established in division (D) of section 903.02 and division (D) of section 903.03 of the Revised Code ; (12) Grounds for the denial of an application for approval of a major operational change
at a concentrated animal feeding facility; (13) A requirement that a person that is required to obtain both a permit to install and
a permit to operate submit applications for those permits simultaneously; (14) A definition of “general permit to operate” that establishes categories of concentrated
animal feeding facilities to be covered under such a permit and a definition of “individual
permit to operate” together with the criteria for issuing a general permit to operate
and the criteria for determining a person's eligibility to operate under a general
permit to operate. (B) Establish best management practices that minimize water pollution, odors, insects,
and rodents, that govern the land application of manure that originated at a concentrated
animal feeding facility, and that govern all of the following activities that occur
at a concentrated animal feeding facility: (1) Manure management, including the storage, handling, transportation, and land application
of manure. Rules adopted under division (B)(1) of this section shall include practices that
prevent surface and ground water contamination caused by the storage of manure or
the land application of manure and prevent the contamination of water in drainage
tiles that may be caused by that application. (2) Disposal of dead livestock; (3) Production of biodiesel, biomass energy, electric or heat energy, and biologically
derived methane gas as those terms are defined in section 5713.30 of the Revised Code ; (4) Any other activity that the director considers appropriate. Best management practices established in rules adopted under division (B) of this
section shall not conflict with best management practices established in rules that
have been adopted under any other section of the Revised Code. The rules adopted under division (B) of this section shall establish guidelines
that require owners or operators of concentrated animal feeding facilities to consult
with and work with local officials, including boards of county commissioners and boards
of township trustees, in addressing issues related to local government infrastructure
needs and the financing of that infrastructure. (C) Establish all of the following concerning insect and rodent control plans required
under section 903.06 of the Revised Code : (1) The information to be included in an insect and rodent control plan; (2) Criteria for approving, disapproving, or requiring modification of an insect and
rodent control plan; (3) Criteria for determining compliance with or violation of an insect and rodent control
plan; (4) Procedures and standards for monitoring insect and rodent control plans; (5) Procedures and standards for enforcing insect and rodent control plans at concentrated
animal feeding facilities at which insects or rodents constitute a nuisance or adversely
affect public health; (6) The amount of civil penalties for violation of an insect and rodent control plan
assessed by the director of agriculture under division (B) of section 903.16 of the Revised Code , provided that the rules adopted under division (C)(6) of this section shall not
establish a civil penalty of more than ten thousand dollars for a violation involving
a concentrated animal feeding facility that is not a major concentrated animal feeding
facility and shall not establish a civil penalty of more than twenty-five thousand
dollars for a violation involving a major concentrated animal feeding facility; (7) The time period within which the director must approve or deny an insect and rodent
control plan after receiving it; (8) Any other provisions necessary to administer and enforce section 903.12 of the Revised Code . (D) Establish all of the following concerning livestock manager certifications required
under section 903.07 of the Revised Code : (1) The information to be included in an application for a livestock manager certification
and the amount of the application fee; (2) The content of the training required to be completed and of the examination required
to be passed by an applicant for a livestock manager certification. The training shall include and the examination shall test the applicant's 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 established
in rules for disposal of dead animals and manure management, including practices that
control odor and protect the environment. The director may specify other types of recognized training programs that, if completed,
are considered to satisfy the training and examination requirement. (3) Criteria and procedures for the issuance, denial, suspension, revocation, or reinstatement
of a livestock manager certification; (4) The length of time during which livestock manager certifications will be valid and
procedures for their renewal; (5) The volume of manure that must be transported and land applied annually or the volume
of manure that must be bought, sold, or land applied annually by a person in order
for the person to be required to obtain a livestock manager certification under division (A)(2) of section 903.07 of the Revised Code ; (6) Requirements governing the management and handling of manure, including the land
application of manure; (7) Requirements governing the keeping of records regarding the handling of manure, including
the land application of manure; (8) Any other provisions necessary to administer and enforce section 903.07 of the Revised Code . (E) Establish all of the following concerning NPDES permits: (1) The designation of concentrated animal feeding operations that are subject to NPDES
permit requirements under section 903.08 of the Revised Code ; (2) Effluent limitations governing discharges into waters of the state that are authorized
by permits; (3) Variances from effluent limitations and other permit requirements to the extent that
the variances are consistent with the Federal Water Pollution Control Act; (4) Terms and conditions to be included in a permit, including, as applicable, best management
practices; installation of discharge or water quality monitoring methods or equipment;
creation and retention of records; submission of periodic reports; schedules of
compliance; net volume, net weight, and, where necessary, concentration and mass
loading limits of manure that may be discharged into waters of the state; and authorized
duration and frequency of any discharges into waters of the state; (5) Procedures for the submission of applications for permits and notices of intent to
be covered by general permits, including information that must be included in the
applications and notices; (6) The amount of the fee that must be submitted with an application for a permit; (7) Procedures for processing permit applications, including public notice and participation
requirements; (8) Procedures for notifying the United States environmental protection agency of the
submission of permit applications, the director's action on those applications, and
any other reasonable and relevant information; (9) Procedures for notifying and receiving and responding to recommendations from other
states whose waters may be affected by the issuance of a permit; (10) Procedures for the transfer of permits to new owners or operators; (11) Grounds and procedures for the issuance, denial, modification, suspension, or revocation
of permits, including general permits; (12) A definition of “general NPDES permit” that establishes categories of point sources
to be covered under such a permit and a definition of “individual NPDES permit” together
with the criteria for issuing a general NPDES permit and the criteria for determining
a person's eligibility to discharge under a general NPDES permit. The rules adopted under division (E) of this section shall be consistent with the
requirements of the Federal Water Pollution Control Act. (F) Establish public notice and participation requirements, in addition to the procedures
established in rules adopted under division (E)(7) of this section, for the issuance,
denial, modification, transfer, suspension, and revocation of permits to install,
permits to operate, and NPDES permits consistent with section 903.09 of the Revised Code , including a definition of what constitutes significant public interest for the purposes
of divisions (A) and (F) of section 903.09 of the Revised Code and procedures for public meetings. The rules shall require that information that is presented at such a public meeting
be limited to the criteria that are applicable to the permit application that is the
subject of the public meeting. (G) Establish the amount of civil penalties assessed by the director of agriculture under division (B) of section 903.16 of the Revised Code for violation of the terms and conditions of a permit to install or permit to operate,
provided that the rules adopted under this division shall not establish a civil penalty
of more than ten thousand dollars per day for each violation; (H) Establish procedures for the protection of trade secrets from public disclosure. The procedures shall authorize the release of trade secrets to officers, employees,
or authorized representatives of the state, another state, or the United States when
necessary for an enforcement action brought under this chapter or when otherwise required
by the Federal Water Pollution Control Act. The rules shall require at least ten days' written notice to the person to whom
a trade secret applies prior to the release of the trade secret. Rules adopted under this division do not apply to any information that is contained
in applications, including attachments, for NPDES permits and that is required to
be submitted under section 903.08 of the Revised Code or rules adopted under division (E) of this section. (I) Establish any other provisions necessary to administer and enforce this chapter.
Frequently Asked Questions About Ohio § 903.10
What does Ohio Revised Code § 903.10 cover?
Section 903.10 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 903.10?
A common citation format is "Ohio Revised Code § 903.10" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 903.10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.