Ohio § 903.20

§ 903.20.

(A) There is hereby created the concentrated animal feeding facility advisory committee

consisting of the directors of agriculture, development, environmental protection,

and natural resources and the dean of the college of food, agricultural, and environmental

sciences of the Ohio state university, or their designees, as members ex officio,

and sixteen members to be appointed by the director of agriculture.  Of the appointed members, one shall be an elected local government official whose

jurisdiction has a concentrated animal feeding facility located in it at the time

that the official is appointed to the committee, one shall be a person who is licensed

to practice veterinary medicine under Chapter 4741. of the Revised Code, one shall

represent the interests of poultry producers, one shall represent the interests of

swine producers, one shall represent the interests of dairy farmers, one shall represent

the interests of beef cattle producers, one shall represent the interests of sheep

producers, one shall represent the interests of drinking water utilities, one shall

represent the interests of wastewater utilities, one shall represent the Ohio environmental

health association, two shall represent the interests of statewide environmental advocacy

organizations, and four shall represent the interests of the public.  Prior to making the appointment of the member who is an elected local government

official, the director shall solicit a list of suggested candidates from the appropriate

statewide associations that represent the interests of local governments.  Prior to making an appointment of a member representing the interests of poultry,

swine, beef cattle, or sheep producers or dairy farmers, the director shall solicit

from the appropriate statewide trade associations a list of suggested candidates to

represent the interests of the species category on the committee.  The members representing the public shall not be owners or operators of concentrated

animal feeding facilities or associated with such facilities by contract. Not later than thirty days after March 15, 2001, the director shall make appointments

to the committee.  Of the initial appointments, six shall be for terms ending one year after March

15, 2001, five shall be for terms ending two years after March 15, 2001, and five

shall be for terms ending three years after March 15, 2001.  Thereafter, terms of office shall be for three years, with each term ending on the

same day of the same month as did the term that it succeeds.  Each member shall hold office from the date of appointment until the end of the

term for which the member was appointed.  Members may be reappointed.  Vacancies shall be filled in the manner provided for original appointments.  Any member appointed to fill a vacancy occurring prior to the expiration date of

the term for which the member's predecessor was appointed shall hold office for the

remainder of that term.  A member shall continue in office subsequent to the expiration date of the member's

term until the member's successor takes office or until a period of sixty days has

elapsed, whichever occurs first. The committee shall meet at times that the chairperson or a majority of the committee

members considers appropriate, provided that no meeting shall be held on the call

of the chairperson unless at least seven days' written notice first is provided to

all members of the committee.  At the first meeting of the committee in each calendar year, the director of agriculture

shall designate one member of the committee to serve as its chairperson and one member

to serve as its vice-chairperson.  A majority vote of the members of the committee is necessary to take action on any

matter.  A vacancy on the committee does not impair the right of the other members to exercise

all of the committee's powers. Serving as an appointed member of the committee does not constitute holding a public

office or position of employment under the laws of this state and does not constitute

grounds for removal of public officers or employees from their offices or positions

of employment.  The director of agriculture, after notice and a public meeting, may remove any appointed

member of the committee for misfeasance, nonfeasance, or malfeasance in office. Appointed members of the committee shall serve without compensation for attending

committee meetings.  Members of the committee shall be reimbursed for their actual and necessary expenses

incurred in the performance of official duties as members of the committee. (B) The committee may do either or both of the following: (1) Adopt rules or procedures governing the conduct of its internal affairs; (2) Request from the director of agriculture, and the director shall provide, meeting

space, staff support, services, and data to enable it to carry out its functions. (C) The committee shall do all of the following: (1) Advise the director of agriculture in the administration of this chapter; (2) Keep abreast of advances in manure management practices and annually advise the directors

of agriculture, environmental protection, and natural resources of the recent advances

in those areas and regarding the need for amending what constitutes best management

practices; (3) In consultation with the director of agriculture, prepare and, upon request, distribute

written materials designed to assist persons who propose to establish a new or modify

an existing concentrated animal feeding facility in applying for a permit to install

or permit to operate.  The materials also shall include information stating that, in addition to obtaining

a permit to operate, it may be necessary to obtain a NPDES permit for the discharge

of manure or storm water.  In addition, the written materials shall include information on the meaning of a

“ complete application ” for all of the permits, information on the public meeting process in connection

with the relevant permits issued under this chapter, and a summary of the antidegradation

policy established under section 6111.12 of the Revised Code together with an indication of the possibility that the owner's or operator's proposed

new or modified disposal system for manure or discharges may be subject to that policy. (D) Sections 101.82 to 101.87 of the Revised Code do not apply to the committee.