Ohio Admin. Code 901:5-4-07 - Civil penalties
(A)
Minor violations
are events of noncompliance with section
905.326 of the Revised Code that
occur only when all of the following parameters are met:
(1)
The nutrient
value of the fertilizer application is less than ten thousand pounds of
nitrogen or six thousand pounds of phosphorous;
(2)
The fertilizer
application does not pose a significant risk of harm to public health or the
environment; and
(3)
The fertilizer application has not resulted in any
discharge of fertilizer that enters the water of the state.
(B)
Major
violations are events of noncompliance with section
905.326 of the Revised Code that
occur only when any of the following parameters are met:
(1)
The nutrient
value of the fertilizer application is equal to or more than ten thousand
pounds of nitrogen or six thousand pounds of phosphorous;
(2)
The fertilizer
application poses a significant risk of harm to public health or the
environment;
(3)
The fertilizer application has resulted in a discharge
of fertilizer that enters the water of the state.
(C)
Failure to take
corrective action as specified by the director or the director's designated
representative for any minor violation may be considered a major violation of
this rule.
(D)
The director may assess a civil penalty for a minor
violation of up to two thousand dollars for each day of noncompliance with
section 905.326 of the Revised
Code.
(E)
The director may assess a civil penalty for a major
violation of up to ten thousand dollars for each day of noncompliance with
section 905.326 of the Revised
Code.
(F)
All money paid under paragraphs (D) and (E) of this
rule shall be deposited into the agricultural pollution abatement
fund.
Notes
Promulgated Under: 119.03
Statutory Authority: 905.327
Rule Amplifies: 905.326, 905.327
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