Section 901:10-5-03 - [Effective 1/1/2025] Enforcement procedures(A) Applicability. This rule applies to concentrated animal feeding facilities and certified livestock managers.
(B) The director shall conduct inspections and investigations, when applicable, to determine if the owner or operator of a concentrated animal feeding facility or certified livestock manager is not in compliance with section 903.02, section 903.03, division (A) of section 903.07 or section 903.12 of the Revised Code, the terms and conditions of a permit to install or a permit to operate issued for a facility, including the requirements established under division (C) of section 903.06 of the Revised Code, or paragraph (D) of rule 901:10-1-10 of the Administrative Code, or rules adopted under division (A), (B), (C), or (D) of section 903.10 of the Revised Code. (C) Upon observation of noncompliance by the department of agriculture, the director will conduct an investigation and any violations discovered will be described in a report.(D) If the investigation or inspection report indicates a violation, the director shall do the following: (1) Evaluate the facts established by the report.(2) Commence enforcement action commensurate with the nature and degree of the violation and consistent with the requirements of sections 903.16, 903.17, and 903.99 of the Revised Code.(E) Penalties. Penalties assessed by the director will be commensurate with the nature and degree of the violation. Penalties will be assessed in accordance with sections 903.16 and 903.17 of the Revised Code and rule 901:10-5-04 of the Administrative Code.Ohio Admin. Code 901:10-5-03
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, 903.02, 903.03, 903.07, 903.08, 903.082, 903.09, 903.10, 903.12, 903.15, 903.16, 903.17
Prior Effective Dates: 07/02/2002, 09/15/2005, 09/01/2011, 05/07/2017