1501:15-5-19. Nutrient management planning requirements for watersheds in distress

(A) Each owner, operator, or person responsible for producing, applying, or receiving in excess of three hundred fifty tons and/or one hundred thousand gallons of manure on an annual basis in watersheds in distress shall develop and operate in conformance with a nutrient management plan that addresses the methods, amount, form, placement, cropping system and timing of all nutrient applications. Nutrient management plans shall be submitted to and approved by the chief or the chief's designee. The chief or the chief's designee shall review and approve or disapprove nutrient management plans. This paragraph does not apply to operations subject to Chapter 903 of the Revised Code or agency 901 of the Administrative Code, facilities permitted or required to have a permit by the Ohio department of agriculture or facilities permitted or required to have a permit under the authority of the Ohio environmental protection agency.

(B) In watersheds designated by the chief as distressed, the chief will establish a deadline for all nutrient management plans to be submitted for review and approval. The deadline will be no earlier than six months and no longer than two years once a watershed has been designated distressed.

(C) Nutrient management plans shall be in the form of the Ohio nutrient management workbook, USDA natural resources conservation service comprehensive nutrient management plan (CNMP), or an equivalent document approved by the chief or the chief's designee and shall contain the following information:

(1) Land application area's soil tests conducted in accordance with the "Field Office Technical Guide" and that are no older than three years;

(2) Annual manure analysis that is representative of the manure being applied;

(3) Spreading agreements for all land used for manure application not under control of the party responsible for the nutrient management plan;

(4) The number, weight, and kind of all animals;

(5) Total annual volume of manure produced;

(6) Method and seasonal time of utilization and application that recognizes a prohibition on manure application from December fifteenth to March first;

(7) Planned manure application rates;

(8) Other nutrients applied, including but not limited to manufactured fertilizer, sewage sludge, and bio-digester residue;

(9) Field information including, but not limited to: location, spreadable acreage, crops grown, and actual and projected yields;

(10) Type of manure storage and capacity;

(11) Emergency contact information in case of a spill.

(D) Each land application area receiving manure shall be assessed with the Ohio nitrogen leaching risk assessment procedure and the phosphorus index and the soil test risk assessment procedure for phosphorus as necessary and provided for in the field office technical guide. Manure application rates and setback distances shall be based on the most limiting factor of these risk assessment procedures, other criteria outlined in the "Field Office Technical Guide," or by other methods approved by the chief.

(E) Operating records including manure nutrient application, weather forecasts, manure and soil analysis, and manure storage volumes shall be kept a minimum of five years by the owner, operator, or person responsible and shall be made available for review by the chief or the chief's designee with a minimum of twenty-four hours notice. The chief or the chief's designee shall visit the animal feeding operation and review records a minimum of once every three years and provide a report of the findings to the soil and water conservation district board of supervisors and the division.

(F) After plan approval, nutrient management plans shall be updated as conditions change and shall be submitted a minimum of once every three years to the soil and water conservation district board of supervisors or the chief for approval. Changes which would require the plan to be updated include, but are not limited to, when the number of animals increase by more than ten per cent or when there is a change in ownership. This plan shall be updated prior to any expansion in the number of agricultural animals by more than ten per cent.

(G) For new animal feeding operations located in watersheds in distress, plans must be submitted and approved prior to any initiation of construction of a new facility.

(H) Upon disapproval of a nutrient management plan, any person may request an adjudication hearing pursuant to Chapter 119. of the Revised Code.

(I) Appeals. Any person denied approval of a nutrient management plan by the chief may appeal to the court of common pleas of Franklin county.

Effective: 12/23/2010
R.C. 119.032 review dates: 12/15/2015
Promulgated Under: 119.03
Statutory Authority: 1511.02(E)
Rule Amplifies: 1511.02 , 1515.08