Ohio CAFO Permits on Public Notice

• For both Permits to Operate (PTO) and Permits to Install (PTI) a 30 day public notice period starts on the date the public notice is posted. The official public notice will provide the deadline date after which comments will not be accepted. Public notices are posted on the ODA News webpage. To view recent public notices, type “permit” in the text box that says “Type a keyword here” and then filter.

• After the 30-day public notice period, ODA will announce if the draft permit will be issued. After a final permit is issued, anyone from the public can appeal within 30 days by sending notice of Appeal to The Environmental Review Appeals Commission (ERAC), 30 East Broad Street 4th Floor, Columbus, Ohio 43215, (614-466-8950).

• To view permit documents, go to the ODA public records site and complete a public records request. More detailed instructions can be found here.

• Note: Ohio differentiates between CAFOs and CAFFs. CAFOs (Concentrated Animal Feeding Operations) are livestock operations that discharge waste into waters of the state and therefore need a NPDES permit regulated by the Ohio EPA (Environmental Protection Agency). CAFFs (Concentrated Animal Feeding Facilities) are livestock operations that say they don’t discharge waste into waters of the state and therefore need a Permit to Operate (PTO) regulated by Ohio DOA. The vast majority of industrial livestock facilities in Ohio are considered CAFFs so most aren’t required to get a NPDES permit.

Any member of the public may submit written comments to ODA for both PTO and PTI applications during the 30 day public notice period. You can submit your comments via email to lepp@agri.ohio.gov or via fax/mail at the address listed on the ODA website.

Any person may request a public meeting for a PTO or PTI application during the 30 day public notice period. The public meeting request must be in writing, state the nature of the issues to be raised at the public meeting, and be sent via email to lepp@agri.ohio.gov or via fax/mail at the address listed on the ODA website. A public hearing will be held if the Department of Surface Water (DSW) finds, based on public hearing requests, that there’s significant public interest in a draft permit and/or that a public hearing might clarify one or more issues involved in the permit decision.