Ohio Admin. Code 901:13-1-19 - Nutrient management planning requirements for watersheds in distress
(A)
Each owner, operator, or person responsible for
producing, applying, or receiving in excess of three hundred fifty tons and/or
one hundred thousand gallons of manure on an annual basis in watersheds in
distress shall develop and operate in conformance with a nutrient management
plan that addresses the methods, amount, form, placement, cropping system and
timing of all nutrient applications. Nutrient management plans shall be
submitted to and approved by the director or the director's designee. The
director or the director's designee shall review and approve or disapprove
nutrient management plans. This paragraph does not apply to operations subject
to subject to Chapter 903. of the Revised Code, Chapter 6111. of the Revised
Code, or section 901:10 of the Administrative Code.
(B)
In watersheds
designated by the director as distressed, the director will establish a
deadline for all nutrient management plans to be submitted for review and
approval. The deadline will be no earlier than six months and no longer than
two years once a watershed has been designated distressed.
(C)
Nutrient
management plans shall be in the form of the Ohio nutrient management workbook,
USDA natural resources conservation service comprehensive nutrient management
plan (CNMP), or an equivalent document approved by the director or the
director's designee and shall contain the following information:
(1)
Land application
area's soil tests conducted in accordance with the "Field Office Technical
Guide" and that are no older than three years;
(2)
Annual manure
analysis that is representative of the manure being applied;
(3)
Spreading
agreements for all land used for manure application not under control of the
party responsible for the nutrient management plan;
(4)
The number,
weight, and kind of all animals;
(5)
Total annual
volume of manure produced;
(6)
Method and
seasonal time of utilization and application that recognizes a prohibition on
manure application from December fifteenth to March first;
(7)
Planned manure
application rates;
(8)
Other nutrients applied, including but not limited to
manufactured fertilizer, sewage sludge, and bio-digester
residue;
(9)
Field information including, but not limited to:
location, spreadable acreage, crops grown, and actual and projected
yields;
(10)
Type of manure storage and capacity;
(11)
Emergency
contact information in case of a spill.
(D)
Each land
application area receiving manure shall be assessed with the Ohio nitrogen
leaching risk assessment procedure and the phosphorus index and the soil test
risk assessment procedure for phosphorus as necessary and provided for in the
field office technical guide. Manure application rates and setback distances
shall be based on the most limiting factor of these risk assessment procedures,
other criteria outlined in the "Field Office Technical Guide," or by other
methods approved by the director.
(E)
Operating records
including manure nutrient application, weather forecasts, manure and soil
analysis, and manure storage volumes shall be kept a minimum of five years by
the owner, operator, or person responsible and shall be made available for
review by the director or the director's designee with a minimum of twenty-four
hours notice. The director or the director's designee shall visit the animal
feeding operation and review records a minimum of once every three years and
provide a report of the findings to the soil and water conservation district
board of supervisors and the department.
(F)
After plan
approval, nutrient management plans shall be updated as conditions change and
shall be submitted a minimum of once every three years to the soil and water
conservation district board of supervisors or the director for approval.
Changes which would require the plan to be updated include, but are not limited
to, when the number of animals increase by more than ten per cent or when there
is a change in ownership. This plan shall be updated prior to any expansion in
the number of agricultural animals by more than ten per cent.
(G)
For new animal
feeding operations located in watersheds in distress, plans must be submitted
and approved prior to any initiation of construction of a new
facility.
(H)
Upon disapproval of a nutrient management plan, any
person may request an adjudication hearing pursuant to Chapter 119. of the
Revised Code.
(I)
Appeals. Any person denied approval of a nutrient
management plan by the director may appeal to the court of common pleas of
Franklin county.
Replaces: 1501:15-5-19
Notes
Promulgated Under: 119.03
Statutory Authority: 939.02
Rule Amplifies: 939.02
Prior Effective Dates: 12/23/2010
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