(A) If the owner or
operator elects to use distribution and utilization methods, for any quantity
of manure that is not managed under the control of the owner or operator, the
following is required:
(1) If the owner or
operator decides to use livestock manure brokers or auctions or farm sales for
distribution and utilization, the owner or operator shall submit distribution
and utilization methods for the beneficial use of the manure as part of the
manure management plan as required by rule
901:10-2-09 of the
Administrative Code. The permitted facility operating record shall include
copies of the acknowledgments between the owner and operator of the facility
and livestock manure brokers made pursuant to auctions or farm sales. The
facility operating acknowledgment shall include the following statement:
"I have been provided with a copy of the analytical results
that list the nutrient content of the manure and total quantities of manure and
copies of the applicable requirements of rule
901:10-2-14 of the
Administrative Code. The manure will be distributed and utilized according to
the best management practices and according to any state laws regulating these
uses."
(2) If the owner or
operator decides to use distribution and utilization methods then the owner or
operator shall provide a copy of appendices A and F to rule
901:10-2-14 of the
Administrative Code, and a copy of the most recent analytical results that list
the nutrient content of the manure based on an analysis consistent with the
rules to the manure recipient. The permitted facility operating record shall
include the name and address of the manure recipient, the date of distribution,
and the approximate amount of manure in tons or gallons distributed on that
date and an acknowledgment by the manure recipient as follows:
"I have been provided with a copy of the analytical results
that list the nutrient content of the manure and total quantities of manure and
copies of the applicable requirements of rule
901:10-2-14 of the
Administrative code. The manure will be distributed and utilized according to
the best management practices and according to any state laws regulating these
uses."
(3) In addition to
the information in paragraph (A)(2) of this rule, if the owner or operator
decides to use distribution and utilization methods for liquid manure, then the
owner or operator shall also provide a copy of appendix B, the available water
capacity chart that illustrates how to comply with the requirements of rule
901:10-2-14 of the
Administrative Code.
(B)
All of the information in paragraphs (A)(1) to (A)(3) of this rule shall be
recorded in the operating record as described in rule
901:10-2-16 of the
Administrative Code.
(C) An
estimated amount of total manure transferred to other persons by the owner or
operator in the previous twelve months (tons/gallons) shall be reported in the
annual report required by rule
901:10-2-20 of the
Administrative Code, as well as the operating record.
(D) If the owner or operator is notified by
the director, or otherwise becomes aware that the recipient is not in
compliance with rule
901:10-1-06 of the
Administrative Code or best management practices set forth in Chapter 1501:15-5
of the Administrative Code or with other applicable laws and rules, the owner
or operator shall cease providing manure to the recipient until written
authorization to continue is provided by the department.
Notes
Ohio Admin. Code 901:10-2-11
Effective:
2/13/2021
Five Year Review (FYR) Dates:
11/25/2020 and
02/13/2025
Promulgated
Under: 119.03
Statutory
Authority: 903.08,
903.10
Rule
Amplifies: 903.01,
903.02,
903.03,
903.07,
903.08,
903.081,
903.082,
903.09,
903.10
Prior
Effective Dates: 07/02/2002, 09/15/2005, 01/23/2009,
06/08/2014
