901:10-5-01 Complaints.

 

 

 

901:10-5-01                 Complaints for nuisances.

 

 

 

(A)    If a person is aggrieved or adversely affected by an alleged nuisance related to concentrated animal feeding facilities or major concentrated animal feeding facilities then a complaint may be submitted to the director of the Ohio department of agriculture alleging that a nuisance exists.

 

(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. In addition, the following shall be included:

 

(a)   The address of the facility.

 

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

 

(2)   Oral 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 facility.

 

(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 owner or operator is not in compliance and that the director is proceeding in accordance with sections 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 an investigation to be conducted to determine if the owner or operator of the facility or major concentrated animal feeding facility is complying with a permit or review compliance certificate. in accordance with rule 901:10-1-07 of the Revised Code.

 

(D)    After receiving an oral complaint the director may cause an investigation to be conducted to determine if the owner or operator of the facility or major concentrated animal feeding facility is complying with a permit or review compliance certificate. in accordance with rule 901:10-1-07 of the Revised Code.

 

(E)    If, upon completion of the investigation, the director determines that the owner or

 

 

 

operator is in compliance with a permit or review compliance certificate, in accordance with rule 901:10-1-07 of the Revised Code the director shall dismiss the complaint and notify the complainant and the owner or operator of the dismissal.

(F)    If the director determines that the owner or operator is not in compliance with a permit or review compliance certificate, the director shall proceed in accordance with section 903.16 or section 903.17 of the Revised Code, or both sections as applicable.

(G)   If the director determines that any person owning or operating a facility is managing the facility in accordance with a permit or review compliance certificate currently approved by the director, the person shall be considered in compliance with the state rules. 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 or review compliance certificate.

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 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.

Effective:   R.C. 119.032 review dates:	09/15/2005   04/21/2005 and 08/15/2010
CERTIFIED ELECTRONICALLY
Certification
08/17/2005
Date
Promulgated Under:	119.03
Statutory Authority:	903.08, 903.10
Rule Amplifies:	903.02, 903.03, 903.04, 903.07, 903.08, 903.082,
	903.09, 903.10, 903.12, 903.15, 903.16, 903.17
Prior Effective Dates:	07/02/2002