Ohio Admin. Code 901:10-3-02 - Effluent limitations definitions and applicability
(A) Rules 901:10-3-02 to
901:10-3-11
of the Administrative Code are applicable to concentrated animal feeding
operations that are subject to a NPDES permit and establish effluent
limitations for both the production area and the land application area as those
terms are defined in section
903.01 of the Revised Code. The
discharge of manure to waters of the state by the owner or operator of a
concentrated animal feeding operation from land application areas under the
control of the owner or operator, is a discharge from that concentrated animal
feeding operation and subject to a NPDES permit unless the discharge is an
agricultural stormwater discharge. Where the manure has been applied in
accordance with site specific nutrient management practices that ensure
appropriate agricultural utilization of nutrients in manure in compliance with
the best management practices set forth in Chapter 901:10-2 of the
Administrative Code, then a precipitation-related discharge of manure from land
application areas under the control of an owner or operator is an agricultural
stormwater discharge. Large concentrated animal feeding operations that lack a
NPDES permit must maintain the records specified in rule
901:10-2-16
of the Administrative Code either on site or at a nearby office, and make the
records readily available to the director upon request.
(B) An animal feeding facility is defined as
a concentrated animal feeding operation if the specific threshold specified in
division (M) of section
903.01 of the Revised Code is
met for any one animal species. "Concentrated animal feeding operation" also
means any animal feeding facility that meets the criteria of division (Q) or
division (FF) of section
903.01 of the Revised Code. Once
an operation is defined as a concentrated animal feeding operation, the NPDES
requirements apply with respect to all animals in confinement at the operation
and all manure generated by those animals or the production of those animals,
regardless of the type of animal.
(C) Best practicable control technology
currently available or BPT means the degree of effluent reduction attainable
through the application of the best control measures and practices currently
available which shall be determined by taking into account the total cost of
application of technology in relation to the effluent reduction benefits to be
achieved from such application, the age of the equipment and facilities
involved, the process employed, the engineering aspects of the application of
various types of control techniques, process changes, non-water quality
environmental impacts (including energy requirements) and such other factors as
deemed appropriate.
(D) Best
available technology economically achievable or BAT means the degree of
effluent reduction attainable through the application of the best control
measures and practices achievable including treatment techniques, process and
procedure innovations, operating methods and other alternatives. BAT shall be
determined by taking into account the age of equipment and facilities involved,
the process employed, the engineering aspects of the application of various
types of control techniques, process changes, the cost of achieving such
effluent reduction, non-water quality environmental impacts (including energy
requirements) and such other factors as deemed appropriate.
(E) Any facility or operation subject to
Chapter 903. of the Revised Code that introduces manure, including process
wastewater, into a publicly owned treatment works must comply with 40 CFR part
403
(2005) and Chapter 6111. of the Revised Code
and rules promulgated thereunder.
Notes
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.08, 903.09, 903.10
Prior Effective Dates: 7/2/2002, 9/15/05, 1/29/07, 1/23/2009, 09/01/2011
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