Ohio § 903.05

§ 903.05.

(A) Each application for a permit to install or permit to operate a concentrated animal

feeding facility that is submitted by an applicant who has not owned or operated a

concentrated animal feeding facility in this state for at least two of the five years

immediately preceding the submission of the application shall be accompanied by all

of the following: (1) A listing of all animal feeding facilities that the applicant or any person identified

by the applicant under division (C)(1) of section 903.02 or 903.03 of the Revised Code owns, has owned, has operated, or is operating in this state; (2) A listing of the animal feeding facilities that the applicant or any person identified

by the applicant under division (C)(1) of section 903.02 or 903.03 of the Revised Code owns, has owned, has operated, or is operating elsewhere in the United States and

that are regulated under the Federal Water Pollution Control Act together with a listing

of the animal feeding facilities that the applicant or any such person owns, has owned,

has operated, or is operating outside the United States; (3) A listing of all administrative enforcement orders issued to the applicant or any

person identified by the applicant under division (C)(1) of section 903.02 or 903.03 of the Revised Code , all civil actions in which the applicant or any such person was determined by the

trier of fact to be liable in damages or was the subject of injunctive relief or another

type of civil relief, and all criminal actions in which the applicant or any such

person pleaded guilty or was convicted, during the five years immediately preceding

the submission of the application, in connection with any violation of the Federal

Water Pollution Control Act, the “Safe Drinking Water Act,” as defined in section 6109.01 of the Revised Code , or any other applicable state laws pertaining to environmental protection that was

alleged to have occurred or to be occurring at any animal feeding facility that the

applicant or any such person owns, has owned, has operated, or is operating in the

United States or with any violation of the environmental laws of another country that

was alleged to have occurred or to be occurring at any animal feeding facility that

the applicant or any such person owns, has owned, has operated, or is operating outside

the United States. The lists of animal feeding facilities owned or operated by the applicant or any person

identified by the applicant under division (C)(1) of section 903.02 or 903.03 of the Revised Code within or outside this state or outside the United States shall include, respectively,

all such facilities owned or operated by the applicant or any such person during the

five-year period immediately preceding the submission of the application. (B) If the applicant for a permit to install or permit to operate or any person identified

by the applicant under division (C)(1) of section 903.02 or 903.03 of the Revised Code has been involved in any prior activity involving the operation of an animal feeding

facility, the director of agriculture may, except as provided in division (E) of this

section, deny the application if the director finds from the application, the information

submitted under divisions (A)(1) to (3) of this section, pertinent information submitted

to the director, and other pertinent information obtained by the director at the director's

discretion that the applicant and any such person, in the operation of animal feeding

facilities, have a history of substantial noncompliance with the Federal Water Pollution

Control Act, the “Safe Drinking Water Act,” as defined in section 6109.01 of the Revised Code , any other applicable state laws pertaining to environmental protection, or the environmental

laws of another country that indicates that the applicant or any such person lacks

sufficient reliability, expertise, and competence to operate the proposed new or modified

concentrated animal feeding facility in substantial compliance with this chapter and

rules adopted under it. (C) A person who seeks to acquire or operate a concentrated animal feeding facility that

has been issued an installation permit that has been transferred from the director

of environmental protection to the director of agriculture, a permit to install, or

a permit to operate shall submit to the director the information specified in divisions

(A)(1) to (3) of this section prior to the transfer of the permit.  The permit shall not, except as provided in division (E) of this section, be transferred

as otherwise provided in division (I) of section 903.09 of the Revised Code if the director finds from the information submitted under divisions (A)(1) to (3)

of this section, pertinent information submitted to the director, and other pertinent

information obtained by the director at the director's discretion that the person,

in the operation of animal feeding facilities, has a history of substantial noncompliance

with the Federal Water Pollution Control Act, the “Safe Drinking Water Act,” as defined

in section 6109.01 of the Revised Code , any other applicable state laws pertaining to environmental protection, or the environmental

laws of another country that indicates that the person lacks sufficient reliability,

expertise, and competence to operate the concentrated animal feeding facility in substantial

compliance with this chapter and rules adopted under it. (D) An owner or operator of a concentrated animal feeding facility that has been issued

an installation permit that has been transferred from the director of environmental

protection to the director of agriculture, a permit to install, or a permit to operate

shall submit to the director notice of any proposed change in the persons identified

to the director under division (C)(1) of section 903.02 or 903.03 of the Revised Code , as applicable.  The director may deny approval of the proposed change if the director finds from

the information submitted under divisions (A)(1) to (3) of this section, pertinent

information submitted to the director, and other pertinent information obtained by

the director at the director's discretion that the proposed person, in the operation

of animal feeding facilities, has a history of substantial noncompliance with the

Federal Water Pollution Control Act, the “Safe Drinking Water Act,” as defined in section 6109.01 of the Revised Code , any other applicable state laws pertaining to environmental protection, or the environmental

laws of another country that indicates that the person lacks sufficient reliability,

expertise, and competence to operate the concentrated animal feeding facility in substantial

compliance with this chapter and rules adopted under it. (E) The director shall not deny an application for or a transfer of a permit to install

or a permit to operate a concentrated animal feeding facility because of a criminal

conviction unless the refusal is in accordance with section 9.79 of the Revised Code .