Ohio Admin. Code 901:10-5-01 - Complaints

(A) A person may submit a complaint to the director of the Ohio department of agriculture related to regarding a concentrated animal feeding facility or a certified livestock managerto a discharge from an animal feeding operation, as defined in 40 CFR 122.23 (2012).

(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 complaint must sign and date the complaint and provide a return address. In addition, the following shall be included:

(a) The address of the concentrated animal feeding facility or the location of the activities that led to the complaint.

(b) A description of the nature of the complaint.

(2) Oral Complaint complaint: If a complaint is made orally to the director, or to one of the director's representatives the following shall be included:

(a) The address of the concentrated animal feeding facility or the location of the activities that led to the complaint.

(b) A description of the nature of the complaint.

(c) The name and address of the person reporting the oral complaint is optional so that the person reporting the oral complaint may be notified of the dismissal of the complaint or notified if the director determines that the director is proceeding with enforcement in accordance with section 903.16 or 903.17 of the Revised Code, or both sections as applicable.

(C) After receiving a written, signed and dated complaint, the director shall cause will conduct an investigation and make inquiries as are necessaryto be conducted to determine if a the owner or operator of a concentrated animal feeding facility or a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of a permit to install or permit to operate issued under this chapter, or any certificate issued under this chapteror to determine if a discharge is occurring or has occurred at an animal feeding operation.

(D) After receiving an oral complaint, the director may cause conduct an investigation and make inquiries as are necessaryto be conducted to determine if the owner or operator of a concentrated animal feeding facility or a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of a permit to install or permit to operate issued under this chapter, or any certificate issued under this chapterof to determine if a discharge is occurring or has occurred at an animal feeding operation.

(E) If, upon completion of the an investigation, the director determines that the owner or operator of a concentrated animal feeding facility or animal feeding operation a certified livestock manager is in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapterapplicable requirements, the director shall will dismiss the complaint and notify the complainant, if known, the owner or operator of a concentrated animal feeding facility, or the certified livestock managerand the owner or operator of the dismissal in writing.

(F) If, upon completion of an investigation, the director determines that the owner or operator of a concentrated animal feeding facility or a certified livestock manageranimal feeding operation is not in compliance with Chapter 903. of the Revised Code and any rules adopted thereunder, or any terms and conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapterapplicable requirements, the director shall will proceed with enforcement in accordance with section 903.16 or section 903.17 of the Revised Code, or both sections as applicable.

The director will provide a written response to all complainants, if known, concerning any alleged violation of Chapter 903. of the Revised code and any rules adopted thereunder, any terms or conditions of any permit to install or permit to operate issued under this chapter, or any certificate issued under this chapter.

(G) If the director determines that any person owning or operating a concentrated animal feeding facility is managing the concentrated animal feeding facility in accordance with a permit currently approved by the director, the person shall be considered in compliance with the state rules division 901:10 of the Administrative Code. In a private civil action for nuisances involving activities conducted under this chapter, it is an affirmative defense if the person owning, operating or otherwise responsible for or in control of a concentrated animal feeding facility is operating under and in compliance with an approved permit.

Compliance with a NPDES permit during its term constitutes compliance, for purposes of enforcement, with sections 301, 302, 306, 307, 318, 402, and 405(a)- (b) of the Federal Water Pollution Control Act. However, a NPDES permit may be modified and reissued, or terminated during its term for cause as set forth in rules 901:10-1-03, 901:10-1-09, and 901:10-5-03 of the Administrative Code. Issuance of a NPDES permit does not convey any property rights of any type, or any exclusive privilege.

Notes

Ohio Admin. Code 901:10-5-01

Effective: 1/1/2025
Five Year Review (FYR) Dates: 4/23/2024 and 01/01/2030
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.02, 903.03, 903.07, 903.08, 903.082, 903.09, 903.10, 903.12, 903.15, 903.16, 903.17
Prior Effective Dates: 07/02/2002, 09/15/2005, 01/23/2009, 09/01/2011, 01/30/2016