Resource Management Program    This page last updated: 1/24/2011
 

Agriculture Pollution Abatement Program
Rules and Standards

The Agricultural Pollution Abatement Rules, 1501:15-5-01 to 1501:15-5-20 of the Administrative Code, apply to the control of pollutants from areas within the state used for agricultural production or silvicultural operations including land used for:

• production or keeping of animals,
• production of agricultural crops, &
• private, commercial, & public woodlands.

These rules establish state standards for a level of management and conservation practices in farming, silvicultural operations and animal feeding operations on farms in order to abate excessive soil erosion or the pollution of waters of the state by soil sediment and animal manure. ODNR, Division of Soil and Water Resources (ODNR-DSWR) in cooperation with Ohio’s Soil and Water Conservation Districts (SWCDs) is responsible for administration of the Agricultural Pollution Abatement Program as outlined in OAC 1501:15-5-01 to 1501:15-5-20. THESE RULES WERE REVISED AND UPDATED DECEMBER 23, 2010.

New Rules For Watersheds in Distress…. New rules were added to help address manure nutrient management challenges and restrict winter manure application in watersheds designated as distressed. Changes include:

1. Language that allows the Division, in coordination with the Ohio Soil and Water Conservation Commission to designate watersheds, like the Grand Lake St. Marys watershed, as a “watershed in distress.” (rule 20)
2. Restrictions on land application of manure between December 15th and March 1st, or when ground is frozen outside those dates and requirements to follow practice standards when land applying manure. (rule 05)
3. Requirements for farms generating or utilizing in excess of 350 tons and/or 100,000 gallons of manure annually to have an approved nutrient management plan. (rule 19).

SUMMARY OF CHANGES AND REVISIONS TO APAP RULES?(rules affected are shown in parenthesis)

1. Along with the owner and operator of an animal feeding operation, an animal manure applicator is now included as being responsible for land application of animal manure. (rule 5)
2. 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)
3. The Chief or his designee is given authority to approve conservation measures when standards within the Field Office Technical Guide are not applicable or feasible for the operation being analyzed. (rules 2,3,4,5,6,13)
4. 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)
5. Operation and Management Plans may be approved by the Chief. This provides additional flexibility when SWCDs lack staff availability or when conflicts of interests are identified. (rule 15)
6. The amount of cost share that may be provided to cooperators is increased from $15,000 to $30,000. (rule 13)
7. Access roads, heavy use protection areas, drainage water management structures, and manure treatment systems are listed as eligible practices for cost sharing. (rule 13)
8. Animal feeding operations failing to implement BMPs for seepage control causing pollution to waters of the state shall implement a plan of modifications to facilities and operations according to the Field Office Technical Guide. (rule 3)
9. For complaints that cannot be resolved voluntarily, the requirement for inviting the owner, operator, or person responsible to the next SWCD board meeting is now optional. Eliminating this requirement will expedite compliance of uncooperative facilities and/or operators. (rule 15)
10. The minimum requirement for SWCDs or the Division to investigate complaints is reduced from five days to three business days. (rule 15)
11. The term CAFO (confined animal feeding operation) is changed to AFO (animal feeding operation) throughout the rule package. (rules 1, 2,4,6,7,18)
12. The term animal waste is changed to animal manure throughout the rule package. (rules 1,2,3,4,5,7,13,15, & 16) 13. The definitions for aquifer, grassed waterway, and groundwater are reworded to match the definitions provided in OAC 901:10-1-01. (rule 1)