Ohio Administrative Code

19.03 PDF: (A) A permit to operate shall include a mortality management plan for the disposal of dead livestock and include best management practices for burning, burial, rendering, composting, alkaline hydrolysis or other methods consistent with sections 941.14, 939.04 and of th…

19.03 PDF: (A) An operating record shall be generated as part of the permit to operate and "NPDES" permit.The operating records shall be maintained on forms identified by the permit and other forms approved for use by the department. The operating record shall be retained for a m…

19.03 PDF: (A) An emergency response plan shall include, but is not limited to the following:(1) The names and telephone numbers of persons who are identified by the owner or operator as responsible for implementing the plan.(2) Areas of the facility where potential spills can oc…

19.03 PDF: (A) The owner or operator of a facility need not seek continued permit coverage under a permit to operate or reapply for a permit to operate if the facility is no longer a concentrated animal feeding facility or if the facility is no longer required to maintain permit …

19.03 PDF: (A) Purpose and applicability.(1) This rule establishes the best management practices to minimize the presence and negative effects of insects and rodents at the concentrated animal feeding facility and in surrounding areas, including land on which the manure isstockpi…

19.03 PDF: The owner or operator of a concentrated animal feeding facility with a permit to operate shall submit an annual report to the director by January thirty-first of the following year and include the following information:(A) The permitted number (permitted design capacit…

19.03 PDF: (A) Concentrated animal feeding operations must have or seek to obtain coverage under a NPDES permit within the time frame provided in accordance with 40 C.F.R. 122.23(f) and in division (J) of section 903.08 of the Revised Code.(B) Unless otherwise indicated, the appl…

19.03 PDF: (A) Rules 901:10-3-02 to 901:10-3-11 of the Administrative Code are applicable to concentrated animal feeding operations that are subject to a "NPDES" permit and establish effluent limitations for both the production area and the land application area as those terms ar…

19.03 PDF: (A) This rule applies to discharges resulting from the production areas at horse and sheep concentrated animal feeding operations. This rule does not apply to such concentrated animal feeding operations with less than the following capacities: ten thousand sheep or fiv…

19.03 PDF: This rule applies to operations defined as concentrated animal feeding operations under division (F) of section 903.01 of the Revised Code and includes the following animals: mature dairy cows, either milking or dry; cattle other than mature dairy cows or veal calves. …

19.03 PDF: (A) This rule applies to discharges resulting from the production areas at dry lot and wet lot duck concentrated animal feeding operations. This rule does not apply to such concentrated animal feeding operations with less than the following capacities: five thousand du…

19.03 PDF: (A) This rule applies to operations defined as concentrated animal feeding operations and includes the following animals: swine; chickens; turkeys; and veal calves. This rule does not apply to such operations with less than the following capacities: two thousand five h…

19.03 PDF: (A) The director may designate any animal feeding facility as a concentrated animal feeding operation in accordance with division (F)(1) of section 903.10 of the Revised Code upon determining that it is a significant contributor of manure to waters of the state. In mak…

19.03 PDF: (A) A variance may be requested in accordance with section 301 or section 302 of the Federal Water Pollution Control Act. A request for a variance will be decided upon by the director, but the director's decision shall not be incorporated into any term or condition of …

19.03 PDF: When the director issues a permit on which the United States environmental protection agency has made a variance decision, separate appeals of the state permit and of the United States environmental protection agency variance decision are possible. If the owner or oper…

19.03 PDF: (A) The following terms and conditions are applicable to "NPDES" permits. The permittee shall comply with all terms and conditions of the "NPDES" permit.(B) Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or disposal…

19.03 PDF: (A) "General permit to operate" means a type of permit developed by the director for one or more categories of concentrated animal feeding facilities.(1) The director may develop general permits to operate that relate to the following areas:(a) The concentrated animal …

19.03 PDF: (A) A general permit to operate as described in rule 901:10-4-01 of the Administrative Code is issued by the director for a category of facilities located at multiple sites.(B) Each person eligible for a general permit to operate shall follow the requirements in rule 9…

19.03 PDF: (A) An owner or operator of a concentrated animal feeding facility seeking coverage under a general permit to operate shall submit a notice of intent by the deadline specified in the general permit to operate.(B) Notices of intent shall be filed on forms approved by th…

19.03 PDF: A general permit to operate shall be effective from the date of issuance for a fixed term not to exceed five years. Holders of certificates of coverage under this permit shall comply with the following specified conditions and limitations.(A) Applicability. "Concentrat…

19.03 PDF: (A) A person may submit a complaint to the director regarding a concentrated animal feeding facility or a certified livestock manager.(B) The complaint may be made orally or in writing.(1) Complaint in writing: If the complaint is made in writing, the person making the…

19.03 PDF: (A) Investigations.(1) The director, at reasonable times, has the authority to enter on any public or private property, real or personal, to conduct investigations in response to complaints or upon receiving notification of alleged violations to Chapter 903. of the Rev…

19.03 PDF: (A) Applicability.This rule applies to concentrated animal feeding facilities and certified livestock managers.(B) The director shall conduct inspections and investigations, when applicable, to determine if the owner or operator of a concentrated animal feeding facilit…

19.03 PDF: (A) Civil penalty rules applicability.This rule applies to concentrated animal feeding facilities, and certified livestock managers.(B) Consolidation.Each and every day of violation of any rule or statute of Chapter 903. of the Revised Code is a separate and distinct o…

19.03 PDF: (A) If the director determines that an emergency exists requiring immediate action to protect the public health or safety or the environment, the director may issue an order without notice or adjudication hearing stating the existence of the emergency and requiring tha…

19.03 PDF: (A) Notice by publication.(1) Notices in general. All notices required or authorized by section 903.09 of the Revised Code shall be published once in a newspaper having general circulation in the county in which the facility is located or proposed to be located. Public…

19.03 PDF: (A) Applicability. This rule applies to public notices for the issuance of or proposed actions to deny, suspend, modify, or revoke permits to install, permits to operate, and NPDES permits. This rule applies to the issuance of final orders pursuant to section 903.17 of…

19.03 PDF: (A) Upon the director's issuance of a draft permit for an application to issue or modify a permit, the department shall transmit by certified mail a copy of the permit application and the draft NPDES permit to the regional administrator of the United States environment…

19.03 PDF: (A) Not later than thirty days after public notice of a draft permit, draft permit modification, or a proposed action to deny, suspend, or revoke a permit, any person may file a request for a public meeting. This paragraph does not apply to amended draft actions or to …

19.03 PDF: (A) A fact sheet will be prepared prior to the issuance of a draft permit to install, draft permit to operate and draft permit to operate renewal and draft permit modification. The fact sheet shall include such information as may be required by Ohio statute or rule and…

19.03 PDF: (A) The department shall maintain a mailing list of persons or groups interested in receiving copies of fact sheets as described in paragraph (B) of rule 901:10-6-05 of the Administrative Code, and public meeting notices issued or renewed in accordance with rules 901:1…

19.03 PDF: As used in divisions 901:3 and 901:11 of the Administrative Code and the materials incorporated under rule 901:11-1-01 to 901:11-1-06 of the Administrative Code:(A) "Director" means the director of agriculture or an official, employee, or contractor of the department o…

19.03 PDF: (A) Sections 1 to 14 and appendices B to T of the PMO, except as deleted or amended in this chapter, are adopted as rules of the department of agriculture, state of Ohio, and incorporated into this chapter by reference.(B) Whenever used in the materials incorporated in…

19.03 PDF: (A) The following components of the PMO are deleted:(1) In Section 1. Definitions, paragraph YY, "Regulatory Agency," is deleted in its entirety;(2) In Section 2. "Adulterated or Misbranded Milk or Milk Products," "Administrative Procedures" and its following "Note" is…

19.03 PDF: (A) No person located in Ohio shall act as or hold the person's self out as a producer; processor; milk dealer; or raw milk retailer; unless the person holds a valid license or registration issued by the director under section 917.09 of the Revised Code and this rule.(…

19.03 PDF: (A) Section 5. "Inspection of Dairy Farms and Milk Plants" is amended as follows:The words "the Regulatory Agency shall" wherever used in the section shall be amended to read "the Regulatory Agency may."(B) Section 6. "The Examination of Milk and/or Milk Products" is a…

19.03 PDF: (A) A regular meeting of the milk sanitation board shall be held annually between the first day of July and last day of August.(B) Notice of meetings(1) Regular meetings: Notice of all of the milk sanitation board's regularly scheduled meetings, including date, startin…

19.03 PDF: As used in rules 901:11-2-01 to 901:11-2-44 of the Administrative Code:(A) "Cleaned-in-place" and its acronym "CIP" means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation.(B) "Dairy farm" and "farm"…

19.03 PDF: (A) Acceptability of raw milk from each producer shall be based on a visual examination for appearance and odor or by an acceptable test procedure for bacterial count, somatic cell count, and drug residue test as specified in rules 901:11-2-03 to 901:11-2-05 of the Adm…

19.03 PDF: (A) During at least four separate months within any consecutive six month period, each dairy plant or co-operative association shall collect and submit individual producer raw milk samples to a laboratory for examination to determine the bacterial count of the samples.…

19.03 PDF: (A) During at least four separate months within any consecutive six month period, each dairy plant or co-operative association shall collect and submit producer raw milk samples to a laboratory for examination to determine the somatic cell count of the samples. Samples…

19.03 PDF: (A) Dairy plant responsibilities.(1) Sampling and testing program:(a) All raw milk shipped for processing or intended to be processed on the farm where it was produced shall be sampled and tested, prior to processing, and all individual producer raw milk samples submit…

19.03 PDF: Composite milk samples from selected areas in the state should be tested for biologically significant radionuclides at a frequency which the director determines to be adequate to protect the consumer. Last updated February 6, 2024 at 9:39 AM Authorized By: 917.02 Ampli…

19.03 PDF: Composite milk samples should be tested for pesticides and herbicides at a frequency which the director determines is adequate to protect the consumer. The test results from the samples shall not exceed established food and drug administration limits. Last updated Febr…

19.03 PDF: (A) Added water is considered to be an adulteration of the product. Producer milk samples may be tested for added water to establish a cryoscope herd history for the producer. The director shall send the producer a written warning when the cryoscope reading exceeds fiv…

19.03 PDF: (A) All animals in the herd shall be maintained in a healthy condition.(B) All milk for manufacturing shall be from herds which are located in an accredited free state or modified accredited tuberculosis area, as determined by the United States department of agricultur…

19.03 PDF: (A) The milking barn, stable, or parlor shall be of a size and arrangement that will promote a sanitary milking operation. It shall be provided with natural or artificial light, well distributed for day or night milking and have sufficient air space and air circulation…