Ohio Admin. Code 901:10-5-03 - Enforcement procedures

(A) Applicability.

This rule applies to concentrated animal feeding operations, concentrated animal feeding facilities, and certified livestock managersmajor concentrated animal feeding facilities.

(B) An agent or employee of the department The director shall conduct inspections and investigations, when applicable, to determine if the owner or operator of a concentrated animal feeding facility or certified livestock manager is not in compliance with section 903.02, section 903.03, or 903.04 or division (A) of section 903.07 or section 903.12 of the Revised Code, the terms and conditions of a permit to install or a permit to operate issued for the a facility, including the requirements established under division (C) of section 903.06 , of the Revised Code, division (B) of section 903.08 of the Revised Code, or paragraph (D) of rule 901:10-1-10 of the Administrative Code, the terms and conditions of a NPDES permit, the NPDES provisions of a permit to operate, or rules adopted under division (A), (B), (C), or (D), (E), (F), or (J) of section 903.10 of the Revised Code. Violations shall be described in an inspection report.

(C) Upon observation of noncompliance by the department of agriculture, by an agent or employee of the department during an inspection, through notification by another agency or through a written complaint from a person, the director will initiate conduct an investigation in order to determine if there is a violation of Chapter 903. of the Revised Code and the rules adopted thereunder. Violations and any violations discovered shall will be described in an inspection a report.

(D) If the investigation or inspection report indicates a violation, the director shall do the following:

(1) Evaluate the facts established by the inspection report.

(2) Commence enforcement action commensurate with the nature and degree of the violation and consistent with the requirements of sections 903.16, 903.17, and 903.99 of the Revised Code.

(E) Penalties. Penalties assessed by the director shall will be commensurate with the nature and degree of the violation. Penalties shall will be assessed in accordance with sections 903.16 and 903.17 of the Revised Code and rule 901:10-5-04 of the Administrative Code.

Notes

Ohio Admin. Code 901:10-5-03

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, 09/01/2011, 05/07/2017