In a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, it is an affirmative defense if the person owning, operating, or otherwise responsible for the concentrated animal feeding facility is in compliance with best management practices established in the installation permit or permit to operate issued for the concentrated animal feeding facility and the agricultural activities do not violate federal, state, and local laws governing nuisances.

Terms Used In Ohio Code 903.13

  • 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 operate: means a permit issued or renewed under section 903. See Ohio Code 903.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

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