Ohio § 903.08
Full text of Ohio Ohio Revised Code § 903.08, with citation guidance and answers to common questions.
§ 903.08.
(A)(1) The director of agriculture is authorized to participate in the national pollutant
discharge elimination system in accordance with the Federal Water Pollution Control
Act. Not later than one hundred eighty days after March 15, 2001, the director shall
prepare a state program in accordance with 40 C.F.R. 123.21 for point sources that are subject to this section and shall submit the program to
the United States environmental protection agency for approval. (2) On and after the date on which the United States environmental protection agency
approves the state program submitted under division (A)(1) of this section, the authority
to enforce terms and conditions of NPDES permits previously issued under division
(J) of section 6111.03 or under section 6111.035 of the Revised Code for the discharging, transporting, or handling of storm water from an animal feeding
facility or of pollutants from concentrated animal feeding operations is transferred
from the director of environmental protection to the director of agriculture. Thereafter, the director of environmental protection shall have no authority to
enforce the terms and conditions of those NPDES permits. After the transfer of authority under division (A)(2) of this section, the NPDES
permits concerning which authority has been transferred shall be considered to have
been issued under this section. (B)(1) On and after the date on which the United States environmental protection agency
approves the NPDES program submitted by the director of agriculture under this section,
no person shall discharge pollutants from a concentrated animal feeding operation
into waters of the state without first obtaining a NPDES permit issued by the director
of agriculture under this section. Any person that is required by the Federal Water Pollution Control Act to obtain
a permit for the discharge of pollutants from a concentrated animal feeding operation
shall apply to the director for an individual NPDES permit or for coverage under a
general NPDES permit. The director is authorized to issue, revoke, modify, or deny such an individual
permit or issue, revoke, or deny coverage under a general permit in compliance with
all requirements of the Federal Water Pollution Control Act. Violation of division (B)(1) of this section is hereby declared to be a public nuisance
for purposes of state enforcement of this section. (2) Persons that have been issued a permit by the director of environmental protection
under division (J) of section 6111.03 of the Revised Code for the discharge of pollutants from a concentrated animal feeding operation into
the waters of the state prior to the date on which the United States environmental
protection agency approves the NPDES program submitted by the director of agriculture
under this section may continue to operate under that permit until it expires or is
modified or revoked. Such a permit shall be enforced by the director of agriculture upon the transfer
of authority to enforce the terms and conditions of the permit under division (A)(2)
of this section. (C)(1) On and after the date on which the United States environmental protection agency
approves the NPDES program submitted by the director of agriculture under this section,
no person shall discharge storm water resulting from an animal feeding facility without
first obtaining a NPDES permit issued by the director of agriculture in accordance
with rules when such a permit is required by the Federal Water Pollution Control Act. Violation of division (C)(1) of this section is hereby declared to be a public nuisance
for purposes of state enforcement of this section. (2) Persons that have been issued a NPDES permit by the director of environmental protection
under Chapter 6111. of the Revised Code for the discharge of storm water from an animal
feeding facility prior to the date on which the United States environmental protection
agency approves the NPDES program submitted by the director of agriculture under this
section may continue to operate under that permit until it expires or is modified
or revoked. Such a permit shall be enforced by the director of agriculture upon the transfer
of authority to enforce the terms and conditions of the permit under division (A)(2)
of this section. (D) In accordance with rules, an applicant for a NPDES permit issued under this section
shall submit a fee in an amount established by rule together with, except as otherwise
provided in division (F) of this section, an application for the permit to the director
of agriculture on a form prescribed by the director. The application shall include any information required by rule. The director or the director's authorized representative may help an applicant for
a NPDES permit during the application process by providing guidance and technical
assistance. (E) The director of agriculture shall issue NPDES permits in accordance with this section
and section 903.09 of the Revised Code . The director shall deny an application for a NPDES permit if any of the following
applies: (1) The application contains misleading or false information. (2) The administrator of the United States environmental protection agency objects in
writing to the issuance of the NPDES permit in accordance with section 402(d) of the
Federal Water Pollution Control Act. (3) The director determines that the proposed discharge or source would conflict with
an areawide waste treatment management plan adopted in accordance with section 208
of the Federal Water Pollution Control Act. Additional grounds for the denial of a NPDES permit shall be those established in
this chapter and rules. (F) To the extent consistent with the Federal Water Pollution Control Act, the director
of agriculture shall issue general NPDES permits that will apply in lieu of individual
NPDES permits for categories of point sources for which the director determines that
all of the following apply: (1) Any discharges authorized by a general permit will have only minimal cumulative adverse
effects on the environment when the discharges are considered collectively and individually. (2) The discharges are more appropriately authorized by a general permit than by an individual
permit. (3) Each category of point sources satisfies the criteria established in rules. A person who is required to obtain a NPDES permit shall submit to the director a notice
of the person's intent to be covered under an existing general permit or, at the person's
option, an application for an individual NPDES permit. Upon receipt of a notice of intent for coverage under an existing general permit,
the director shall notify the applicant in writing that the person is covered by the
general permit if the person satisfies the criteria established in rules for eligibility
for such coverage. If the person is ineligible for coverage under the general permit, the director
shall require the submission of an application for an individual NPDES permit. (G) The director of agriculture shall establish terms and conditions of NPDES permits
in accordance with rules. Terms and conditions shall be designed to achieve and maintain full compliance with
national effluent limitations, national standards of performance for new sources,
the most current water quality standards adopted under section 6111.041 of the Revised Code , the most current antidegradation policy adopted under section 6111.12 of the Revised Code , and other requirements of the Federal Water Pollution Control Act. In establishing the terms and conditions of a NPDES permit, the director, to the
extent consistent with that act, shall consider technical feasibility and economic
costs and shall allow a reasonable period of time for coming into compliance with
the permit. (H) An animal feeding facility that is required to obtain both a NPDES permit and a permit
to operate shall be issued a single permit to operate incorporating the terms and
conditions established by both permits. The permit to operate expressly shall designate the terms and conditions required
under the NPDES program as federally enforceable. All other provisions are enforceable under state law only and expressly shall be
designated accordingly. (I) A NPDES permit may be issued under this section for a period not to exceed five years. (J) A NPDES permit issued under this section may be renewed. An application for renewal of a NPDES permit shall be submitted to the director
of agriculture at least one hundred eighty days prior to the expiration date of the
permit and shall comply with the requirements governing applications for NPDES permits
established under this section and by rule. (K)(1) No person shall make any false statement, representation, or certification in an
application for a NPDES permit or in any form, notice, or report required to be submitted
to the director pursuant to terms and conditions established in a NPDES permit issued
under this section. (2) No person shall render inaccurate any monitoring method or device that is required
under the terms and conditions of a NPDES permit issued under this section. (L) The director may modify, suspend, or revoke a NPDES permit issued under this section
for cause as established by rule. No NPDES permit issued under this section shall be modified, suspended, or revoked
without a written order stating the findings that led to the modification, suspension,
or revocation. In addition, the permittee has a right to an administrative hearing in accordance
with Chapter 119. of the Revised Code, except that section 119.12 of the Revised Code does not apply. Further, an order of the director modifying, suspending, or revoking a NPDES permit
may be appealed to the environmental review appeals commission under sections 3745.04 to 3745.06 of the Revised Code . (M)(1) No person shall violate any effluent limitation established by rule. (2) No person shall violate any other provision of a NPDES permit issued under this section. (3) Compliance with a NPDES permit issued under this section constitutes compliance with
this section. (N) This section, including the state program authorized in division (A)(1) of this section,
shall be administered in a manner consistent with the Federal Water Pollution Control
Act.
Frequently Asked Questions About Ohio § 903.08
What does Ohio Revised Code § 903.08 cover?
Section 903.08 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 § 903.08?
A common citation format is "Ohio Revised Code § 903.08" (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 § 903.08 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.