Section 901:10-4-01 - [Effective 1/1/2025] General permit to operate(A) " General permit to operate" means a type of permit developed by the director for one or more categories of concentrated animal feeding facilities . (1) The director may develop general permits to operate that relate to the following areas: (a) The concentrated animal feeding facilities involve the same or substantially similar operations including, but not limited to, the same types of animals;(b) The concentrated animal feeding facilities manage the same types of manure storage or treatment facilities or operate with substantially similar manure management plans. (2) The general permit to operate may be written to cover concentrated animal feeding facilities within a geographic area, including but not limited to the following:(a) Existing geographic or political boundaries;(b) Any other appropriate combination of boundaries.(B) The following are eligible for general permits to operate. Any owner or operator of a concentrated animal feeding facility may apply for a general permit to operate if the owner or operator falls under one of the following categories: (1) Any concentrated animal feeding facility that is not a major concentrated animal feeding facility; or(2) Any concentrated animal feeding facility that meets the criteria in paragraph (A) of this rule.(C) If the director decides to issue, deny, modify, revoke and reissue, or terminate a general permit to operate, the director will follow the public notice procedures in Chapter 901:10-6 of the Administrative Code.(D) If the director decides to issue, deny, modify, revoke and reissue, or terminate a general permit to operate, the director will afford the affected parties the opportunity to request a hearing under Chapter 119. of the Revised Code.(E) No provision in any general permit to operate issued under this rule shall be interpreted as allowing the owner or operator of a concentrated animal feeding facility to violate state water quality standards or other applicable environmental standards.(F) General permits to operate will be effective for a term not to exceed five years at the end of which time the director may renew them. Public notice requirements as found in Chapter 901:10-6 of the Administrative Code shall be satisfied prior to renewal of a general permit to operate. If the director chooses not to renew a general permit to operate, all concentrated animal feeding facilities covered under that general permit to operate, shall be notified to submit applications for individual permits to operate. (G) The director may deny, modify, revoke and reissue, or terminate eligibility for or coverage under a general permit to operate in situations that include, but are not limited to the following:(1) Noncompliance with the general permit to operate; (2) Noncompliance with Chapter 903. of the Revised Code; or(3) Noncompliance with division 901:10 of the Administrative Code. (H) Only the director may modify or revoke and reissue general permits to operate. When a general permit to operate is modified, only the conditions subject to modification are reopened for review. When a general permit to operate is revoked and reissued, the entire permit is reopened and subject to review and the permit will be reissued for a new term. Ohio Admin. Code 901:10-4-01
Effective: 1/1/2025
Five Year Review (FYR) Dates: 4/23/2024 and 01/01/2030
Promulgated Under: 119.03
Statutory Authority: 903.08, 903.10
Rule Amplifies: 903.01, 903.08, 903.09, 903.10
Prior Effective Dates: 07/02/2002, 09/15/2005, 05/07/2017