Ohio Revised Code
Chapter 903 | Concentrated Animal Feeding Facilities
Section 903.081 | Permits Not to Be Granted.

Effective: December 22, 2009
Latest Legislation: House Bill 363 - 128th General Assembly
(A) For purposes of section 903.08 of the Revised Code, no person shall approve all or portions of a NPDES permit if the person receives or has received during the two years prior to the receipt of an application for a NPDES permit a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. In addition, no person may serve on a board or commission that approves all or portions of a NPDES permit, including taking such action pursuant to an appeal of a NPDES permit, if the person receives or has received during the two years prior to serving on the board or commission or to the filing of the appeal a significant portion of income from any NPDES permittee or any applicant for a NPDES permit.
(B) As used in this section:
(1) "Significant portion of income" means ten per cent or more of gross personal income in a calendar year or fifty per cent or more of gross personal income in a calendar year if the recipient of the income is more than sixty years of age and is receiving that portion of income under retirement benefits, including a pension or similar arrangement.
(2) "Income" includes retirement benefits, consultant fees, and stock dividends. "Income" does not include mutual fund payments or other diversified investments for which the recipient does not know the identity of the primary sources of the income.
(3) "Permittee" and "applicant for a NPDES permit" does not include any department or agency of the state.

Structure Ohio Revised Code

Ohio Revised Code

Title 9 | Agriculture-Animals-Fences

Chapter 903 | Concentrated Animal Feeding Facilities

Section 903.01 | Concentrated Animal Feeding Facility Definitions.

Section 903.02 | Program for Issuance of Permits to Install [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.03 | Program for Issuance of Permits to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.05 | Application for a Permit to Install or Permit to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.06 | Insect and Rodent Control Plan [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.07 | Livestock Manager Certification [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.08 | Participating in National Pollutant Discharge Elimination System.

Section 903.081 | Permits Not to Be Granted.

Section 903.082 | Determination of Size of Concentrated Animal Feeding Facility by Director.

Section 903.09 | Issuance of Draft Permits.

Section 903.10 | Administrative Rules for Permits to Install and Permits to Operate [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.11 | Contracts or Agreements to Carry Out Purposes of Chapter.

Section 903.12 | Right of Entry for Investigations and Inspections.

Section 903.13 | Affirmative Defenses in Private Civil Action for Nuisance.

Section 903.14 | Submission to Nonbinding Arbitration Prior to Filing Private Civil Action for Nuisance.

Section 903.15 | Submitting Complaint to Director.

Section 903.16 | Requiring Corrective Actions and Assessing Civil Penalties [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.17 | Adjudicative Hearing on Corrective Actions and Civil Penalties [See Section 3 of h.b. 363 of the 128th General Assembly].

Section 903.18 | Issuing Emergency Orders.

Section 903.19 | Livestock Management Fund.

Section 903.20 | Concentrated Animal Feeding Facility Advisory Committee.

Section 903.25 | Other Permits of Political Subdivisions May Not Be Required.

Section 903.30 | Violation of National Pollutant Discharge Elimination System and Livestock Management Duties; Prosecution.

Section 903.40 | Application of Manure.

Section 903.99 | Penalty.