Ohio Administrative Code Title 1501:15 - Division of Soil and Water Resources - Agricultural and Non-agricultural
Ohio Administrative Code Title 1501:15 — Division of Soil and Water Resources
(Agricultural and Non-Agricultural Pollution Abatement)
🔷 Overview
Title 1501:15 of the Ohio Administrative Code governs pollution abatement related to soil and water resources, with a particular focus on agricultural and non-agricultural sources. The rules are implemented and enforced by the Ohio Department of Natural Resources (ODNR) through its Division of Soil and Water Resources, in partnership with local Soil and Water Conservation Districts (SWCDs).
These rules aim to:
Protect Ohio’s waters from pollution caused by sediment, manure, nutrients, and other agricultural/non-agricultural contaminants.
Promote conservation practices that reduce erosion and runoff.
Enforce corrective actions when pollution is found.
🔹 Structure of OAC Title 1501:15
1501:15-1: General Provisions (Administrative authority, definitions)
1501:15-3: Agricultural Pollution Abatement Rules
1501:15-5: Construction and Urban Sediment Control (non-agricultural)
1501:15-6: Stream Maintenance and Ditch Projects
1501:15-7: Manure and Nutrient Management
🔹 Key Provisions and Rules
✅ 1. Agricultural Pollution Abatement (1501:15-5 & 1501:15-7)
Core Concepts:
Agricultural pollution is defined as failure to manage animal waste, soil erosion, and nutrient runoff that results in water contamination.
The rules require farmers to use Best Management Practices (BMPs), including:
Proper manure storage and application
Erosion control measures (e.g., grass waterways, contour farming)
Nutrient management plans (NMPs)
Responsibilities:
Landowners must prevent pollution of state waters.
If pollution is observed, SWCDs can investigate and issue orders for corrective action.
Enforcement:
If voluntary compliance fails, formal operation and management plans (O&M Plans) are issued.
Continued noncompliance can lead to referrals for enforcement under Ohio law.
✅ 2. Non-Agricultural Sediment and Erosion Control (1501:15-5)
Applies to construction sites and urban development, requiring:
Sediment and erosion control plans for projects disturbing over a certain area (e.g., 1+ acres).
Use of silt fences, sediment basins, and soil stabilization techniques.
Projects must avoid discharging sediment-laden water into state waters.
✅ 3. Manure Management Rules (1501:15-7)
Applies to applying, storing, or transferring manure:
Requires setbacks from waterways, drainage ditches, and wells.
Prohibits application on frozen, snow-covered, or saturated ground, except under strict exceptions.
Mandates record-keeping for manure application rates, timing, and methods.
✅ 4. Investigation and Complaint Process
Citizens can file complaints with their local SWCD.
SWCD investigates, and if pollution is verified, they notify the landowner and work toward voluntary compliance.
If unresolved, the issue is referred to ODNR for further enforcement.
🔹 Relevant Ohio Case Law Interpreting OAC Title 1501:15
✅ State ex rel. DeWine v. Whiteside Farms (2014)
Facts: Large dairy operation was discharging manure runoff into nearby streams.
Issue: Whether the farm violated OAC 1501:15-5 and 1501:15-7 through poor manure handling.
Holding: The court found the farm failed to use best management practices, and manure runoff constituted agricultural pollution.
Outcome: Required to implement an O&M Plan and pay civil penalties.
Significance: Confirms that improper manure handling can lead to enforceable pollution violations under the Code.
✅ Ohio Farm Bureau v. ODNR (2009)
Facts: Farmers challenged new nutrient management rules under 1501:15-7, claiming overreach.
Issue: Whether ODNR exceeded its authority in mandating nutrient application restrictions.
Holding: The court ruled the agency acted within its authority to protect water quality.
Significance: Supports ODNR’s authority to regulate manure and nutrient application under the administrative rules.
✅ City of Xenia v. Builders Corp. (2017)
Facts: Construction company failed to implement sediment controls at a development site.
Issue: Violation of non-agricultural erosion control standards under OAC 1501:15-5.
Holding: The court upheld penalties for allowing sediment-laden stormwater discharge.
Significance: Reinforces that even non-agricultural entities must comply with erosion/sediment control rules.
🔹 Practical Implications
| Stakeholder | Obligations & Impacts |
|---|---|
| Farmers & Ranchers | Must manage manure and nutrients to prevent pollution; comply with BMPs and nutrient management planning. |
| Developers & Contractors | Must use erosion and sediment control measures during construction. |
| Soil and Water Districts | Investigate pollution complaints, provide technical assistance, and enforce O&M Plans. |
| Regulators (ODNR) | Oversee enforcement, issue compliance orders, and protect water resources. |
| Community & Environment | Benefit from cleaner water, reduced algae blooms, and better land stewardship. |
🔹 Summary
OAC Title 1501:15 plays a vital role in protecting Ohio’s water resources from agricultural and non-agricultural pollution.
The rules require the implementation of best practices for managing manure, nutrients, and construction runoff.
ODNR and SWCDs enforce these rules through cooperative and formal methods, including inspections, compliance plans, and penalties.
Ohio courts have upheld these rules and confirmed the state’s authority to enforce them in the interest of public and environmental health.
RELATED Blog
0 comments