Ohio Chapter

Ohio EPA Fact Sheet
Livestock Facility Facts

[From a Fact Sheet Prepared by the Ohio EPA]

April 1999

Ohio has more than 70,000 farms. The majority house some type of livestock, although most do not require permits from Ohio EPA for installation or operation because they are not large enough to be regulated. Ohio EPA has approved permits for approximately 110 livestock operations around the state. This fact sheet is designed to answer some of the questions regarding livestock facilities and Ohio EPA's role regarding these facilities.

When does a livestock operator require Ohio EPA permits?
The need for a permit is based on the number of animals that a livestock operation's waste handling and storage system is designed to accommodate. The following require Ohio EPA permits:

• slaughter or feed cattle (1,000)
• mature dairy cattle (700)
• swine, each weighing more than 55 lbs. (2,500)
• horses (500)
• sheep or lambs (10,000)
• turkeys (55,000)
• laying hens or broilers, continuous overflow watering-solid manure (100,000)
• laying hens or broilers, liquid manure (30,000)
• ducks (5,000)

While smaller facilities, designed to handle fewer animals, are not required to obtain permits, Ohio EPA can take enforcement action if these facilities cause water pollution problems.

What Ohio EPA permits are required for a livestock facility?
There are two types of Ohio EPA permits that may apply to a livestock facility in Ohio: National Pollutant Discharge Elimination System permit (NPDES) and permit to install (also known as an installation permit). These permits must be obtained prior to construction or expansion of the facility.

NPDES Permit - Anyone wishing to discharge treated wastewater into waters of the state first must obtain an NPDES permit from Ohio EPA. While a lowering of water quality may be allowed, the activity always must meet state water quality standards that protect human health or aquatic life.

Permit-to-lnstall (PTI) - A PTI must be obtained from Ohio EPA for the construction of any wastewater treatment or collection system or disposal facility. The PTI outlines technical and design requirements for construction of a wastewater treatment/collection system. Ohio EPA and the Natural Resource Conservation Service use similar guidelines for system design. The PTI also may include a livestock manure or wastewater management plan which specifies how, when and where animal manure or wastewater will be handled. It is used for systems that store, stabilize, transport or apply animal manure or wastewater to land. The manure or wastewater management plan provides a documented method of operation that will prevent land-applied manure or wastewater from impacting water quality.

Does Ohio EPA require air permits?
Ohio EPA evaluates each agricultural permit application to determine whether or not an air permit is required. Ohio EPA's Division of Air Pollution Control must decide if the application is exempt from Ohio EPA's air pollution regulations. Under Ohio law, fugitive dust emissions from livestock facilities are exempt if:

• the emissions are not unusual in terms of normal agricultural activity and are not occurring as a result of improper facility operation;
• the land on which the facility stands was consistently used for agricultural production before nonagricultural activity was established near the facility;
• the emissions do not substantially and adversely affect public health and safety; and
• the emissions are not of a large enough volume to require a federal permit.

Ohio EPA has found that most livestock facilities in Ohio are exempt from air pollution regulations.

What does Ohio EPA's permit review include?
Ohio EPA has the authority to require:

• approvable wastewater and livestock manure management;
• construction of the facilities meet current design standards;
• proper storage, handling and disposal of manure and dead animals;
• proper land application rates of manure;
• a permit-to-install for additional wastewater treatment;
• permits to ensure proper management of storm water during construction activities; and
• appropriate monitoring requirements.

Under current state law, Ohio EPA does not have the authority to consider:

• past compliance history at other facilities owned or operated by the applicant;
• animal rights issues;
• local zoning;
• popularity of proposed site;
• potential increase in road usage;
• possible effects the facility might have on property values;
• the personal or professional background of the applicant; and
• potential for draw down of private wells.

How does Ohio EPA regulate the application of manure?
Discharges of manure wastewater to waterways are prohibited. Liquid manure must be applied at least 200 feet away from occupied buildings, wells or springs and 50 feet from ponds, lakes and streams, field tile inlets, grass waterways and ditches. Dry manure must be applied at least 25 feet away from ponds, lakes, streams, field tile inlets, grass waterways and ditches.

Why can't Ohio EPA consider property values?
The permit-to-install rules for wastewater treatment facilities specifically outline the criteria the director may consider as part of his decision to approve or deny a PTI application. The potential impact of the facility on property values is not included among the criteria specifically listed in this rule.

Is well water draw down regulated?
Water use is not regulated in Ohio. However, the Ohio Department of Natural Resources Division of Water can assist citizens by assessing the static and draw-down levels of their wells before and after production wells are drilled at a livestock facility to determine if draw down occurs after the facility starts operations. For more information, please call ODNR-Division of Water at (614) 265-6717.

What can be done about flies and odors?
Odor and fly nuisances can be minimized with proper management of manure and dead animals. Ohio EPA can request additional controls or restrictions to minimize nuisance odors, flies and vectors that result from the storage of manure, wastewater and dead animals.

What other responsibilities does Ohio EPA have regarding livestock facilities?
Permit Review - Ohio EPA is responsible for reviewing permit applications and plans to ensure livestock operations do not harm human health and the environment.

Compliance Inspections Ohio EPA performs periodic inspections of permitted livestock facilities.

Technical Assistance - Ohio EPA offers technical assistance to livestock facility owners and operators to ensure that a facility is using the best available technology (BAT), to assist owners in the permitting process and to resolve problems and concerns.

Financial Assistance - Ohio is the first state in the nation to use an innovative concept, the linked deposit program, to provide loans to individuals. Individual farmers or homeowners can apply for below-market interest rate loans to fund projects that will improve water quality, such as erosion control, prevention of pesticide runoff, livestock fencing and manure management facilities. For more information on financial assistance, please contact the Water Pollution Control Loan Fund program, Division of Environmental and Financial Assistance, (614) 644-2798.

Enforcement  - A number of options are available to address violations of water pollution control laws. These range from administrative actions taken by Ohio EPA to court actions handled by the Attorney General's Office at Ohio EPA's request.

Complaint Response  - Complaints about the operations of any facility under Ohio EPA's permit authority are investigated by Ohio EPA. Complaints concerning smaller facilities (not regulated by Ohio EPA) are usually referred the local Soil and Water Conservation District (SWCD) but may be investigated by Ohio EPA especially complaints dealing with polluted waterways.

Citizens could report concerns to any of the following agencies:

• Ohio EPA
• Ohio Department of Natural Resources
• local soil and water conservation districts
• local health departments.

A more formal type of complaint known as a verified complaint also can be filed with Ohio EPA. Under ORC 3745.08, a verified complaint is a formal complaint which has been notarized and cites an alleged violation of Ohio's environmental laws. Upon completion of the investigation, the director may initiate enforcement action against the violator if the director finds that the alleged violation has occurred, is occurring or will occur. The director also may dismiss the verified complaint if Ohio EPA finds no evidence of the alleged violation or if Ohio EPA finds that the violation has been corrected and is unlikely to occur again.

What is Ohio EPA's public involvement process for livestock operations?
As the number of large livestock facilities in Ohio has grown, public interest and awareness have increased. Therefore, Ohio EPA has modified its public involvement process to be responsive to that interest. Here is how the process works:

Ohio EPA's Agricultural Unit in the Division of Surface Water receives the PTI application. The application must include detailed engineering plans and technical specifications for the proposed facility. Once the application is considered complete, Ohio EPA:

• publishes receipt of PTI application notice in Ohio EPA's Weekly Review and in the newspaper of general circulation in the county where the proposed project is to be located;
• sends news release announcing the receipt of an application to the local media;
• creates mailing list consisting of the local health department, local soil and water conservation district, county commissioners, township trustees, local legislators, postmaster of nearest post office, the mayor of the nearest town and interested citizens;
• forwards public notice and news release or citizen letter to the mailing list; and
• determines if a public meeting is necessary.

The director of Ohio EPA, after reviewing the nature and extent of the public comments received regarding receipt of application, will determine if a draft action, proposed denial or final action is appropriate.

Ohio EPA will announce the director's decision in a public notice in the county's newspaper of general circulation and Ohio EPA's Weekly Review. Ohio EPA will notify interested individuals and groups on the Agency's mailing list.

If the director determines that significant public interest exists, a public hearing will be scheduled. A public notice must appear in the county's newspaper of general circulation 30 days before the hearing. Ohio EPA will notify the individuals or groups on the mailing list of the public hearing. Throughout this process, citizens or groups that contact Ohio EPA will be added to the Agency's mailing list and will be notified of all actions regarding the proposed site.

The public hearing will consist of a moderator from Ohio EPA and a court stenographer. Citizens' comments will be transcribed by the court reporter. Ohio EPA will review all comments received at the public hearing and during the public comment period. Ohio EPA will respond to all relevant comments and questions in writing. When the director makes a final decision, Ohio EPA will forward the responsiveness summary and a release announcing the final action to everyone on the mailing list.

All final actions of the director may be appealed to the Environmental Review Appeals Commission (ERAC) within 30 days. Appeals must be filed with ERAC at 236 East Town Street, Room 300, Columbus, Ohio 43215, (614) 466-8950.

For more information:

Ohio EPA
Division of Surface Water (614) 644-2001
Public Interest Center (614) 644-2160
P.O. Box 1049 Columbus, OH 43216-1049

Report all problems with this web site to the webmaster.

Sierra Club® and One Earth, One Chance® are registered trademarks of the Sierra Club. © 2001 Sierra Club. Sierra Club Website Terms and Conditions of Use and Privacy Policy.