(A) The director of agriculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply:

Terms Used In Ohio Code 903.082

  • agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
  • Animal feeding facility: means a lot, building, or structure where both of the following conditions are met:

    (1) Agricultural animals have been, are, or will be stabled or confined and fed or maintained there for a total of forty-five days or more in any twelve-month period. See Ohio Code 903.01

  • Concentrated animal feeding facility: means an animal feeding facility with a total design capacity equal to or more than the number of animals specified in any of the categories in division (M) of this section. See Ohio Code 903.01
  • Permit: includes an initial, renewed, or modified permit to install, permit to operate, NPDES permit, and installation permit unless expressly stated otherwise. See Ohio Code 903.01
  • Permit to install: means a permit issued under section 903. See Ohio Code 903.01
  • Permit to operate: means a permit issued or renewed under section 903. See Ohio Code 903.01
  • state: means the state of Ohio. See Ohio Code 1.59

(1) The director has specified a corrective action to be taken under section 939.07 of the Revised Code.

(2) The director or the director’s authorized representative has inspected the animal feeding facility.

(3) The director or the director’s authorized representative finds that the facility is not being operated in a manner that protects the waters of the state.

(B) In a situation in which best management practices cannot be implemented without modifying the existing animal feeding facility, the owner or operator of the facility shall apply for a permit to install for the facility.

(C) In the case of an animal feeding facility for which a permit to operate is required under this section, a permit to operate shall not be required after the end of the five-year term of the permit if the problems that caused the facility to be required to obtain the permit have been corrected to the director’s satisfaction.

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