HOW TO MAKE A
COMPLAINTWho should I call?If the farm has more than 1,000 animal units, the regulating agency is the Ohio Department of Agriculture. If the farm has less than 1,000 animal units, the regulating agency is the local Soil and Water Conservation District office. If there is a fish kill or foreign material in the stream, contact ODNR's Division of Wildlife office.
Click here for emergency contact information.How can I make a complaint against a large-scale farm?If you have a complaint against a livestock facility regulated by the OhioDepartment of Agriculture, you can make that complaint in writing or orally(by telephone). However, written and oral complaints may be handled differently.
If you make a complaint in
writing, it must contain the following information:
- Your name and signature
- The date
- The address of the facility
- The nature of the complaint
The agency must do a follow-up investigation of a written complaint todetermine if the operation is in compliance with their permit or reviewcompliance certificate. If the person making the complaint wishes to discoverthe outcome of the follow-up investigation, he or she should also includetheir address.
If you make a complaint
orally, it should include:
- The address of the facility
- The nature of the complaint
Oral complaints can receive a follow-up investigation, but the directoris not required to act on these complaints. The name and address of a personmaking an oral complaint is optional, but if the agency does not have thatinformation, the person making the complaint may not be notified of anyfollow-up actions.
Click here for Wood County Health Department Emergency Response Plan*
NOTE: Keep accurate records of all complaints made.What happens next?If the complaint sparks an investigation, the director will determine ifthe owner or operator is in compliance with their permit or review compliancecertificate. If they are in compliance, the director will dismiss the complaintand notify all parties. If there is a private civil action for nuisancesinvolved in this complaint, the positive investigation may be consideredan "affirmative defense" that the person owning, operating, orresponsible for the facility is not violating federal, state, and locallaws governing nuisances.
If the investigation determines the owner or operator is not in compliancewith its permit or review compliance certificate, they move into "enforcementprocedures" designed to bring the farm back in "compliance"with state and/or federal regulations. Sometimes, operators will do thisquickly with no harm to the public or environment, resulting in a betteroperation. Other times, the agency must force the operators to comply withthe law, which may include penalties.
