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THE AGRICULTURAL POLLUTION ABATEMENT LAW - Ohio

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THE AGRICULTURAL POLLUTION ABATEMENT LAW - Ohio Powered By Docstoc
					       DSWR Agricultural Pollution
          Abatement Rules
   Been on the books for over 30 years and most
    recent revision, December 2010
   Based on ORC 1511.02 Chief of Division shall
    adopt rules to abate the degradation of waters of
    the state by agricultural pollution.
   SWCDs receive & investigate complaints
    through an agreement with ODNR Division of
    Soil & Water Resources.
DSWR Agricultural Pollution
   Abatement Rules
                 Local SWCD
                  involvement is
                  what makes the
                  program a success!
Rules are enforceable when:
               A complaint (verbal or
                written) is filed at the
                local SWCD office or
                with DSWR
               Investigation by the
                SWCD/DSWR staff
                results in evidence of
                ground or surface water
                pollution from manure
                or sediment or
               Violation of watershed in
                distress rules (5, 19, 20)
                     Definitions
   Pollution is defined as: Failure to use management or
    conservation practices in farming or silvicultural
    operations to abate wind or water erosion of the soil or
    degradation of waters of the state by animal manure or
    soil sediment
   Waters of the State: Streams, creeks, watercourses,
    waterways, wells, springs, drainage systems, and all
    other bodies or accumulations of water, surface and
    underground, except those private waters which do not
    combine or effect a junction with natural surface or
    underground waters.
        What’s not included:
•   Rules are intended to prevent water pollution
    from agricultural animal waste and sediment

•   Does not address nuisance issues – such as:
    •   Odors
    •   Dust
    •   Noise
    •   Flies

•   We encourage Districts to assist producers with
    nuisances issues but we don’t have enforcement
    authority
OAC 1501:15-5-
01 – General provisions
02 – Overflow and discharge from animal manure collection,
   storage, or treatment facilities
03 – Seepage from animal manure management facilities
04 – Manure contaminated runoff from feedlots and manure
   management facilities
05 – Land application of animal manure
06 – Other waste waters
07 – Flooding of animal feeding operations
08 – Sheet and rill erosion
09 – Gully Erosion
10 – Wind Erosion
OAC 1501:15-5-
11 – Placing and sloughing
12 – Erosion from silvicultural operations
13 – Agricultural pollution abatement cost sharing
14 – Administrative procedures
15 – Operating procedures
16 – Chief’s orders
17 – Grants
18 – Composting of animal mortality
19 – Nutrient management planning requirements for watersheds in
   distress
20 – Designating watersheds in distress
1501: 15-5-02 Overflow and discharge from animal
  waste collection, storage or treatment facilities
   1501:15-5-04 Rainwater runoff from
feedlots and waste management facilities
1501:15-5-05 Land application of
          animal waste
1501:15-5-06 Other waste waters
1501:15-5-07 Flooding of concentrated
      animal feeding operations
1501:15-5-12 Erosion from
 Silvicultural Operations
1501:15-5-18 Composting of dead animals
    Standard Operating Procedures
               (SOP)
   Originally created in 2003 and revised 2012

   Provides uniform guidelines to help SWCD’s
    handle and resolve pollution complaints

   Improves consistency statewide

   Meeting public expectations
SOP Process
       Upon receipt of the
      complaint, written or
      verbal, make contact
      with alleged violator

         Obtain permission
          prior to walking the
          site
SOP
    Minimum of two
     people should
     conduct the
     investigation
    Don’t send out an
     army!
Ethics and Workload Issues
             Language is included to
             allow the Division of Soil
             and Water Resources to
             investigate and resolve
             complaints. This provides
             additional flexibility when
             SWCDs are unable to
             investigate complaints due
             to staff availability or when
             conflicts of interests are
             identified. (rule 15)
          Response Time
Investigate
complaints within
three business days

If you cannot meet
the deadline
contact area RMS
2
Who will be the first to respond?!
                    Investigation should
                     be performed w/in
                     24 hours if the
                     complaint alleges
                     manure is
                     “significantly
                     impacting” waters of
                     the State.
                    Refer to bottom pg. 1
Other Agency Contact List
              ODA-LEPP
             Spill Response
             Territories
Other Agency Contact List
              OEPA-DERR
             Spill Response
             Territories
Other Agency Contact List
              OEPA-DSW
             Spill Response
             Territories
Other Agency Contact List
              ODNR-DSWR
             Program Specialist
             Territories
Other Agency Contact List
              ODNR-DSWR
             Resource Management
             Specialist Territories
                 SOP Process
   Contact the RMS as soon as possible, but no
    later than 24hrs of the investigation.
   Enter complaint into SWIMS w/in 10 working
    days of receipt of complaint.
   Fill out applicable Livestock, Sediment or
    Silviculture Pollution Investigation (PIR) in
    SWIMS
   Follow up with complainant and other agencies
    involved of the status
Rule Violation w/voluntary compliance

• Set “status” of complaint to “Complaint Resolution in Progress”.

• Send a Notice of Violation (NOV) letter to owner/operator stating:

       i. What rule(s) was violated,
       ii.Offer information and technical assistance for developing an
          inventory and evaluations (I&E),
       iii.Corrective actions, both temporary and permanent, should
          begin immediately and be completed within a specified time
          set by the board (no greater than twelve months), &
       iv.Provide information on available financial assistance.
    Rule Violation w/voluntary compliance


•   Man-made conveyance or a watercourse going through
    production area could require the owner/operator to apply for an
    Ohio EPA NPDES permit if pollution is occurring.

•   Recommend to develop an MP which will comply with OAC
    1501 rules.

•   Secure SWCD Board approval of the MP.
Six Months to Comply
          For pollution violations
          where a corrective
          solution is not
          implemented within six
          months, the division
          may request that the
          SWCD refer the
          complaint to ODNR-
          DSWR. (rule 15)
Rule Violation w/Unwilling to cooperate

    Set “status” of complaint to “Complaint Resolution in
     Progress”, in SWIMS.
    Inform the SWCD Board of Supervisors of the facts
     established by the PIR, succeeding action followed to seek
     compliance with the rules, and the action or inaction taken by
     the owner/operator.
    Consider inviting the owner/operator by certified
     mail/return receipt requested, to meet with the Board to
     review the PIR at the Board’s next regularly scheduled
     monthly meeting The SWCD will request the area RMS to
     attend the meeting. Now optional.
Rule Violation w/Unwilling to cooperate

    Inform the person in violation by certified mail/return
     receipt requested of:
        What rule(s) was violated,

        Information and technical assistance for developing an
         inventory and evaluations (I&E),
        Corrective actions, both temporary and permanent,
         should begin immediately and be completed within twelve
         months of the initial investigation,
        Information on available financial assistance, &

        A time schedule for both temporary and permanent
         corrective measure implementation.
Rule Violation w/Unwilling to cooperate

                       Man-made
                        conveyance or a
                        watercourse going
                        through production
                        area could require the
                        owner/operator to
                        apply for an Ohio
                        EPA NPDES permit
                        if pollution is
                        occurring.
          ODNR-DSWR Complaint
           Process & Enforcement
If    owner takes no action
      Coordinate with RMS of progress or lack thereof
      Forward case to Chief of the ODNR-DSWR
      Work towards a resolution or Issue a Chief ’s Order



Failing    to Comply to a Chief ’s Order
      Request  State Attorney General-legal action
      1st degree misdemeanor

      Each day is separate offense w/ damages assessed

      ODA permit referral is an option
Questions

				
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posted:6/28/2013
language:English
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