Concentrated Animal Feeding Operations

Ohio's Surface Water Permitting Laws and Rules

The following is a list of Ohio Revised Code (ORC) and Ohio Administrative Code (OAC) chapters related to the Division of Surface Water's CAFO Permitting Program:

• OAC Chapter 3745-1, Water Quality Standards. Water quality standards for surface waters of the state. This page also provides links to the rules for Water Body Use Designations, including which water bodies are designated as State Resource Waters.
• OAC Chapter 3745-33, Ohio NPDES Permits. The National Pollutant Discharge Elimination System program. Provides permitting requirements for municipal and industrial discharges to waters of the state.
• Ohio Revised Code Chapter 6111, Water Pollution Control. Specifies the powers of Ohio EPA with respect to water pollution control.

Ohio's CAFO NPDES Program

You can find general information about Ohio EPA's CAFO NPDES permit program in the following fact sheets:

• Ohio EPA CAFO NPDES Permit - General Overview of Federal Regulations [PDF 220K]
• Ohio EPA CAFO NPDES Permit - What Is It and How To Get One? [PDF 28K]

Individual CAFO Permits

NPDES permits contain specific requirements for CAFO operations, including requirements for the production area (where animals are confined and where wastes and raw materials are stored) and land application area (land under the control of the CAFO where manure or wastewater is spread). In general, the permit requirements include the following:

• CAFOs may not discharge pollutants, except under certain circumstances.
• Every CAFO must develop and implement a manure management plan that specifies best management practices for manure and wastewater handling and disposal which complies with the NPDES permit.
• Every CAFO must conduct inspections and monitoring and keep records.
• Every CAFO must submit an annual report to Ohio EPA.

Parts I, A and VII of the NPDES permit contains many of the technical standards that CAFOs must comply with.

• Standard Part I, A language [PDF 13K]
• Standard Part VII language [PDF 113K]

Click on the links below to find out more about the requirements of NPDES permits for CAFOs:

Performance standards
Operation and management practices
Monitoring and reporting
Land application requirements

Check U.S. EPA's NPDES CAFO rule page for a fact sheet series that provides general information on federal permit requirements for specific livestock sectors.

To apply for coverage under an NPDES CAFO permit, you must complete the appropriate forms by the specified deadlines and submit them to Ohio EPA with the application fee and a complete manure management plan.

Mail the forms, application fee and manure management plan to:

Ohio Environmental Protection Agency
Division of Surface Water
P.O. Box 1049
Columbus, OH 43216-1049

Application Fees

A check for $200.00 made payable to the Treasurer of the State of Ohio must be submitted along with the application forms and plan.

Application Forms

To apply for a CAFO NPDES permit from Ohio EPA, you must submit the following completed forms to the Ohio EPA Central Office:

• NPDES Form 1 Application  and Instructions
• NPDES Form 2B Application
• Ohio EPA Antidegradation Addendum [PDF] or [Word fillable]

To be considered complete, the application must also include a manure management plan that complies with the permit.

Application Deadlines

The deadlines for applying for an NPDES CAFO permit depend on when the CAFO began or will begin operating.

1. New sources (i.e., operations for which the construction began after April 13, 2003) must submit an application for coverage under a permit by no later than 180 days prior to commencing operation.
2. Where the operator of a CAFO that is covered by a permit changes and the new operator wishes to have the existing permit coverage transferred, the new and current operators of the facility must complete and send to Ohio EPA a Transfer of Responsibility form in accordance with the requirements of the general permit at least 60 days prior to the change. 
3. Applications to renew existing NPDES permits must be submitted to Ohio EPA at least 180 days before the expiration date of the existing permit.

For additional explanation of the application deadlines and permit application process, check Ohio EPA's Fact Sheet OHIO EPA CAFO NPDES Permit, What Is It, and How To Get One?

Getting covered under an NPDES permit is just the first step in complying with the NPDES regulations for CAFOs. Once you are covered, you have to comply with the conditions and requirements of the permit. Ohio EPA's Division of Surface Water operates an Enforcement and Compliance Program to provide technical assistance, conduct inspections, investigate complaints and, where necessary, take enforcement actions to help protect surface waters of the state from pollution.

Contact us with questions regarding compliance and enforcement.

Compliance

Once you have received coverage under an individual permit, you are responsible for complying with the requirements and conditions in the permit, including the following:

• Discharge prohibitions and other performance standards
• Operation and management requirements
• Monitoring and reporting requirements
• Land application requirements

Reporting Spills and Discharges

If you have or witness a spill or accidental discharge that could endanger the environment or public health, it is important to contact Ohio EPA as soon as possible. (NPDES permits require that such discharges be reported within 24 hours.) A statewide toll-free number is available 24 hours a day to report spills and other environmental emergencies:  Ohio EPA's Spill Hotline:  1-800-282-9378

You must follow the procedures outlined in your NPDES permit to report nonemergency discharges and other instances of noncompliance with permit conditions.

Maintaining Coverage

You are also responsible for maintaining your permit coverage for as long as your facility operates as a CAFO. NPDES permits typically have an effective period of 5 years. You must submit a permit renewal application to Ohio EPA at least 180 days prior to the expiration date of your permit.

Compliance Assistance

You can get help in complying with your NPDES permit from a variety of sources. Follow the links below to find out about some sources of financial and technical assistance available to CAFOs or contact us for more information.

• Ohio EPA offers a Small Business Assistance Program to help small businesses understand and comply with environmental regulations.

• Section 319 of the Clean Water Act establishes a national program to control nonpoint source pollution. Ohio EPA is responsible for administering Ohio's 319 Grant Program. Since 1990 more than 225 state and local nonpoint source projects throughout Ohio have been supported, representing an investment of approximately $40 million of federal, state and local funds.

• Ohio EPA's Water Pollution Control Loan Fund (WPCLF) provides financial and technical assistance for a wide variety of actions to protect or improve the quality of Ohio's rivers, streams, lakes and other water resources. The WPCLF offers assistance opportunities for both public and private entities.
• The Water Pollution Control Loan Fund (WPCLF) Linked Deposit Program is a mechanism for financing certain WPCLF projects. Instead of borrowing directly from the WPCLF, the applicant receives a linked deposit loan from a private lending institution. The below-market interest rate for the loan is supported by a WPCLF-funded certificate of deposit with the lender.
• Financial assistance is available through the U.S. Department of Agriculture's Environmental Quality Incentives Program (EQIP).
• Check U.S. EPA's Producers' Compliance Guide for CAFOs, Chapter 6. What is the Compliance Assurance Process? for information on additional sources of assistance.

Inspections and Enforcement

Ohio EPA routinely conducts unannounced inspections of livestock operations to evaluate compliance. Ohio EPA inspectors may arrive at a facility without prior notice, and Ohio law 6111.05 authorizes Ohio EPA inspectors to enter private or public property at reasonable times to inspect or investigate conditions and potentially to collect samples of any discharges.

Ohio EPA generally inspects livestock operations for one of two reasons:

1. To determine whether a facility is a CAFO and must obtain an NPDES permit
2. To determine whether a permitted facility is in compliance with the conditions of its NPDES permit.

If Ohio EPA discovers a violation of permit conditions or applicable environmental laws, it may take one of a number of enforcement actions, ranging from issuing a notice of violation (NOV) (a letter that explains the problem and how to correct it) to conducting a criminal investigation. The enforcement action taken depends on factors such as the seriousness of the violation and the facility's compliance history. For the most serious violators, possible penalties include imprisonment and fines of up to $25,000 per day of violation.

Ohio EPA's Fact Sheet Ohio EPA Livestock Operation Inspections - What to Expect [PDF 86K] explains what to expect if Ohio EPA inspects your CAFO. It covers what an inspector might look for, as well as what might happen if a violation is discovered during an inspection. The document also has suggestions on what to do if you receive an NOV and provides technical assistance contacts.

Construction Storm Water Permits

This NPDES permitting program, administered by Ohio EPA's Division of Surface Water, is designed to document construction activity and require practices that keep pollutants out of Ohio's streams.

Composting

Composting is regulated by the Ohio EPA's Division of Solid and Infectious Waste Management (DSIWM). Under the solid waste composting program, composting facilities, including those composting animal waste, must obtain a registration, license, and/or permit. The program also establishes requirements regarding what types of wastes can be composted, operational requirements of the facility, and testing requirements for the finished product prior to distribution.

Source Water Assessment Program

Ohio's Source Water Assessment and Protection (SWAP) Program is an innovative program to protect Ohio's streams, rivers, lakes, reservoirs, and ground waters used for public drinking water from future contamination. Building on existing environmental assessment and protection programs, the SWAP Program identifies drinking water source protection areas and provides information on how to reduce the potential for contaminating the waters within those areas.

Sewage Systems

Ohio EPA's Division of Surface Water regulates sewage systems at commercial facilities, including livestock operations. A Permit-to-Install must be obtained from Ohio EPA for the system installation or modification. The above link provides the instructions and application forms for the permit. The permit application must be submitted to the appropriate district office for review and approval. For guidance on the design of the system, please see Sewage: Collection, Treatment & Disposal Where Public Sewers Are Not Available (Green Book) (2013).

Public Water Systems

Ohio EPA's Division of Drinking and Ground Waters regulates public water systems to ensure they provide water that is safe to drink. Livestock operations that employ more than 25 employees may meet the definition of a public water system [PDF 23K] and be regulated under the Ohio EPA.

Emergency Response

Ohio EPA's Division of Emergency and Remedial Response is a program that responds to spill reports and oversees clean-up in order to minimize the impact on the environment. This division operates the emergency spill hotline and may respond to spill reports at livestock operations for materials including oil, gasoline, fertilizer, manure, etc. When an employee from the Emergency and Remedial Response Division responds to a spill, the responsible party is billed for the investigator's time. This is not a fine or penalty.

There are two agencies and departments that regulate livestock operations in the state of Ohio:

• Ohio EPA issues permits through the NPDES CAFO permitting program described on this Web site.
• Ohio Department of Agriculture (ODA) issues Permits to Install (PTIs) and Permits to Operate (PTOs) through the Ohio Livestock Environmental Permitting Program. Ohio Department of Agriculture, Division of Soil and Water Conservation (ODA-DSWC) does not issue permits, but does administer and enforce regulations that apply to livestock operations. These regulations cover land application and utilization standards for animal manure and standards for the design and construction of manure storage and treatment facilities. Even though DSWC does not issue permits, a livestock operation might be required to obtain a permit under another program if it does not comply with ODA-DSWC's regulations.

Summary of Ohio EPA, Department of Agriculture, and Department of Natural Resources CAFO Requirements

The following table shows how the regulatory programs described above apply to CAFOs:

Ohio Livestock Coalition's Guidelines for Livestock Operations [PDF 772K] (pages 5 - 10, "Who Regulates What?") provides more detailed information on how these three agencies regulate livestock operations in Ohio.

• Ohio Natural Resources Conservation Service (NRCS). NRCS develops agricultural standards for best management practices that relate to lagoon construction, manure management, wetland design, etc. These Conservation Practice Standards are listed in the Field Office Technical Guide. Several of Ohio EPA's CAFO NPDES permit requirements are based on these standards.

The following agencies and organizations also administer programs that might be of interest to CAFO operators.

Federal Government

• U.S. Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS) Animal Feeding Operations page - provides resources to help animal feeding operations "to achieve their production and natural resource conservation goals through development and implementation of comprehensive nutrient management plans."
• U.S. Environmental Protection Agency's NPDES CAFO Program - provides information and guidance documents on the federal NPDES regulations for CAFOs.

(614) 644-2001