In Ohio animal-waste pollution-abatement programs are administered by the Ohio Department of Agriculture (ODA) and the Ohio Department of Natural Resources, Division of Soil and Water Conservation (ODNR-DSWC).
Legislative action in Ohio, effective Jan. 12, 1979, and revised in 1991, created the Agricultural Pollution Abatement Program and gave authority to the ODNR-DSWC to develop standards for livestock waste management, respond to complaints, and issue orders to control pollution from animal waste. It also created a state-funded agricultural pollution abatement cost-share program. This legislation is found in 1501:15-5-01 through 18 of the Ohio Administrative Code.
The Chief of the ODNR-DSWC, as required by law, adopted rules establishing state standards and procedures for the abatement of water pollution by animal manure. These standards are presented in the ODNR-DSWC Agricultural Pollution Abatement Rules available from the DSWC and local Soil and Water Conservation Districts (SWCD). The standards reference practices that are discussed in this bulletin and in the USDA-Natural Resources Conservation Service (NRCS) Field Office Technical Guide. They are used to determine if water pollution problems exist. They can also be used to plan acceptable abatement practices and develop an appropriate management program to prevent or eliminate a water pollution problem.
The adoption of approved operation and management plans with proper documentation of implementation can offer an affirmative defense against nuisance suits for the livestock producer using Best Management Practices. The Agricultural Pollution Abatement Rules do not apply to air pollution (odors and dust) from animal-feeding operations.
The DSWC, in cooperation with local SWCDs, offers assistance in determining whether a situation is considered a pollution problem, based on the use of or failure to use appropriate management practices to abate the degradation of waters of the state. Technical and financial assistance is available to help owners and operators develop and evaluate alternatives for solving pollution problems and to help implement appropriate practices and develop related management plans to operate facilities without polluting waters of the state.
The DSWC may cost share with private owners and or operators to solve water pollution problems from animal waste. State funds may be used on eligible projects to pay up to 75% of the cost of eligible pollution abatement practices, up to a maximum of $15,000 to solve a water pollution problem. In addition, federal funds are available through the USDA-Natural Resources Conservation Service Environmental Quality Incentives Program (EQIP). Producers can access these funds by contacting their local SWCD.
Enforcement authority for controlling violations of the state standards for animal waste pollution abatement also rests with the Chief of ODNR-DSWC. When local information, education, technical assistance, and applicable financial assistance provided by the local SWCD fail to bring a solution to an animal waste pollution problem, the Chief may issue a Chief’s Order.
In instances where a violation of a standard established under division (E) of section 1511.02 of the Revised Code causes pollution of the waters of the state, the Chief may apply to the court of common pleas in the county where the violation exists for an order to compel the violator to cease the violation and to remove the agricultural pollutant or to comply with the rules.
If the Chief should determine that an emergency exists because of an unauthorized release, spill, or discharge of animal waste, or a violation of a rule adopted under division (E) of section 1511.02 of the Revised Code that causes pollution of the waters of the state, the Chief may, without notice or hearing, issue an order requiring that immediate action be taken to meet the emergency. Any person responsible for causing or allowing an unauthorized release, spill, or discharge is liable to the Chief for any costs incurred by the Division and SWCDs in investigating, mitigating, minimizing, removing, or abating the release, spill, or discharge.
Livestock mortality composting became legal in Ohio, in August of 1994, with the passage of Senate Bill 73, the Dead Animal Composting Bill. The ODNR-DSWC regulates livestock mortality composting through Ohio Administrative Code (OAC) Chapter Rules 1501:15-5 adopted under ORC Section 1511.022. Rule 1501:15-5-18 of the OAC spells out what is required to be in compliance with the law. This rule is intended to prevent water pollution by livestock mortality composting. It does not address “nuisance issues” such as odors, dust, noise, or flies. It is enforced by the DSWC working through county SWCDs on a complaint basis, as are all of the Agricultural Pollution Abatement Rules. Producers wishing to compost livestock mortalities are required to receive certification training through OSU Extension.
SB 141 created the Livestock Environmental Permitting Program in the Ohio Department of Agriculture and provided for rules, funding, and staffing to require both Permits to Install, Permits to Operate, and eventually the delegation of the issuance of Federal NPDES permits to be issued by ODA. This statute transferred permitting authority from OEPA to ODA for livestock facilities.
For the purposes of determining the need for a Permit to Install or Permit to Operate, all large Concentrated Animal Feeding Operations (CAFOs) must have a state permit. (Previously, the U.S. Environmental Protection Agency used the term animal unit to determine the number of animals required for permitting, but in February 2003, the term animal unit was dropped.) A large CAFO is defined as 700 mature dairy cows, 1,000 beef cattle or heifers, 2,500 swine each 55 pounds or more, 10,000 swine each less than 55 pounds, 125,000 chickens except laying hens, 82,000 laying hens, 1,000 veal calves, 30,000 ducks, 5,000 ducks with a liquid manure-handling system, 30,000 chickens with a liquid manure handling system, 500 horses, 10,000 sheep or lambs, and 55,000 turkeys.
If a facility meets the definition of a large CAFO, it is also considered a Confined Animal Feeding Facility (CAFF), and a facility with more than 10 times the number of animals as a large CAFO is a Major Confined Feeding Facility (MCAFF) by definition in ORC 903. If the facility has more than the number of animals to be a large CAFO the owner must apply to and receive from ODA a Permit to Install and a Permit to Operate.
Regardless of the number of animal units involved, if the animal facility involves a waste-management system having a controlled discharge to waters of the state or a permitted CAFF designed to operate with no discharge has a discharge to waters of the state, then a NPDES (National Pollution Discharge Elimination System) permit is required by the Clean Water Act and by state law. Storage or treatment facilities must be constructed and operated so that no overflow will occur, except from precipitation in excess of a 25-year, 24-hour storm. Currently the NPDES permits are issued by Ohio EPA until delegation of this federal permit is transferred to ODA. This is anticipated to happen sometime in 2005.
Ohio Revised Code Chapter 903 prohibits discharge of waste material directly into waters of the state and is regulated by ODA. This law applies to any discharge of wastewater to waters of the state from livestock operations of any size. ODA conducts routine inspections of all permitted facilities and will conduct complaint investigations involving manure run-off or discharge, insect complaints, and odor complaints for permitted farms only. Anyone found to be discharging pollutants to the state’s water without a valid permit might be liable for civil penalties of up to $10,000 for each day of violation (Ohio Revised Code 903.16 and Ohio Administrative Code 901:10-5-04).
The Ohio Department of Natural Resources, Division of Wildlife, is mandated by sections 1531.02 and 1531.04 of the Ohio Revised Code to protect wild animals of the state. Anyone found to be discharging pollutants such as manure, including process wastewater, to the state’s waters can be found in violation of the Stream Litter Act, which carries penalties of a third-degree misdemeanor for a first offense. Violators can be fined up to $500, or sentenced to 60 days in jail, or both, for a first offense. Corporations can be fined up to $3,000 for a first offense and $5,000 for subsequent offenses. Violations of the Stream Litter Act are heard in criminal court, and fines are levied by a judge. Wildlife kills do not have to occur for individuals or corporations to be charged.
Kills of wild animals are investigated by wildlife officers to determine the cause. If wildlife are killed as the result of a pollutant and the source can be firmly established, the party responsible is charged for damages. The value of the wildlife killed, environmental damages, and costs of investigation are included in the damage claim. Current market prices are used to establish the value of the animals.
Anyone planning to construct or expand animal-feeding operations should become familiar with the animal waste pollution abatement standards and, if necessary, seek assistance to clearly understand them. Questions about Ohio’s animal waste pollution abatement program, including available technical and cost-sharing assistance, should be directed to the local Soil and Water Conservation District, county Extension office, or ODA.
For additional information regarding Ohio’s animal waste pollution abatement program, contact ODNR-DSWC at their web site: www.dnr.state.oh.us/soilandwater or ODA at www.ohioagriculture.gov/lepp.stm.