Each owner, operator or person
responsible for an animal feeding operation shall operate and maintain animal
manure collection, storage, or treatment facilities so that overflow or
discharge into waters of the state is prevented. Animal feeding operations
found by the director or the director's designee to have failed to implement
best management practices (BMPs) for animal manure collection, storage, or
treatment facilities and have caused pollution to waters of the state shall
develop, obtain approval, and implement modifications to facilities and
operations according to the "Field Office Technical Guide" or other methods
approved by the director or the director's designee. To prevent overflow and
discharge from animal manure collection, storage, or treatment facilities the
following should be taken into consideration:
(A)
The number,
weight, and kind of animals;
(B)
The average
seasonal weather patterns;
(C)
Type of system
and the required management;
(D)
Method and
seasonal time of utilization and application;
(F)
Cropping system (including tillage methods);
and
(G)
A reasonable storage safety factor to accommodate
unexpected conditions. However, overflow or discharge occurring due to some
infrequent storm event or other condition beyond the control of such person
shall not indicate non-compliance with this provision if the planned or
prescribed management system is followed.
Replaces: 1501:15-5-02
Notes
Ohio Admin. Code 901:13-1-02
Effective:
4/1/2016
Five Year Review (FYR) Dates:
12/31/2017
Promulgated
Under:
119.03
Statutory Authority:
939.02
Rule Amplifies:
939.02
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 11/15/94, 10/03/05,
12/23/2010