Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-4 - License application for new facilities or operations

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the items required by the
				Oklahoma Concentrated Animal Feeding Operations Act, the application for a CAFO
				license of a new facility or an operation shall contain, as a minimum, the
				following information:
(1) Name and address of
				the owner of the facility.
(2) Name
				and address of the animal feeding operation, including driving directions from
				the nearest municipality and legal description of the facility.
(3) Name and address of the operator if other
				than the owner.
(4) Capacity in
				animal units and number and type of animals housed or confined.
(5) If owner is a firm, partnership,
				corporation, or other legal entity, the name and address of each member with an
				ownership interest of ten percent (10%) or more.
(6) If owner is a corporation, the name and
				address of the corporation and the name and address of each officer and
				registered agent of the corporation.
(7) Environmental history of the past three
				(3) years of any CAFO operation established or operated by the owner or any
				other operation with common ownership in Oklahoma or any other state, including
				all citations, administrative orders or penalties, civil injunctions or other
				civil actions, and criminal actions, past, current, and ongoing, taken by any
				person, agency, or court relating to noncompliance with any environmental law,
				rule, agency order, or court action in conjunction with the operation of an
				animal feeding operation.
(8) List
				of all environmental awards or citations received or pollution prevention or
				voluntary remediation efforts undertaken by the owner.
(9) Copy of deed, contract to purchase, or
				option to purchase the proposed site of the facility, waste retention
				structures, and land application sites. If land application sites are not owned
				by the applicant, provide a notarized signed copy of spreading or effluent
				agreement.
(10) A map of all
				property owners within one (1) mile of the facility and waste retention
				structures and a corresponding mailing list.
(11) A plat showing:
(A) Location of the facility, waste retention
				structures, and all land application sites.
(B) Location and distance of all occupied
				residences within one (1) mile of the facility and waste retention structures.
				The distances shall be measured from the nearest point of the waste retention
				structure to the nearest point of the occupied residence.
(C) Location and distance of all occupied
				residences within six-hundred (600) feet of any land application site. The
				distances shall be measured from the nearest point of the land application site
				to the nearest point of the occupied residence.
(D) Location and distance of all existing
				public or private drinking water wells within four-hundred (400) feet of any
				land application site. The distance shall be measured from the nearest point of
				the land application site to the nearest point of the drinking water
				well.
(E) All open roads
				surrounding the facility and all land application sites.
(12) If applicable, a copy of the written
				waiver by a property owner, municipality, or governing body releasing specified
				setback requirements as provided by the Act.
(13) Characterization of the physical and
				environmental setup of the facility, including but not limited to the
				following:
(A) Description of topography
				using a current USGS 7.5 minute topographic map highlighting the location of
				waters of the state within three (3) miles of the facility, waste retention
				structures and all land application sites, an outline of the watershed drainage
				area, and arrows indicating general direction of surface water drainage from
				the facility, waste retention sites, and land application sites.
(B) Soil map showing soil types at the
				facility, waste retention structure, and all land application sites.
(C) 100 year flood plain map, if applicable.
				In no event shall a waste storage structure be located within the 100 year
				flood plain as established by the Federal Emergency Management Agency
				(FEMA).
(14) Report from
				an independent soil testing laboratory containing the following:
(A) Site map showing the location of all soil
				borings in relation to the facility and waste retention structure.
(i) The test boring shall be in the immediate
				vicinity of the proposed waste retention structure.
(ii) Bore holes shall be left open for a
				minimum of 48 hours for the groundwater to recover.
(iii) All bore holes shall be plugged
				according to Oklahoma Water Resources Board requirements.
(B) Soil tests per ASTM standards on all
				soils to be used in construction of the liner, with the following procedures
				and results reported:
(i) Grain size particle
				distribution analysis according to ASTM standards.
(ii) A standard Proctor compaction test based
				on ASTMD 698 procedure.
(iii)
				Perform Atterberg limits test per ASTM standards (ASTM D 4318).
(iv) Permeability tests on remolded samples
				compacted at ninety-five percent (95%) of standard Proctor maximum dry density
				at optimum moisture content conducted in accordance with ASTM D-5084 for the
				measurement of Hydraulic Conductivity of Saturated Porous Materials using a
				Flexible Wall Permeameter.
(v)
				Laboratory tests of representative samples presented in summary tables and on
				boring logs.
(C) Provide
				a soil boring log showing lithology, the above test results, and the
				classification of soils based on the Unified Soil Classification
				system.
(D) USDA Natural Resources
				Conservation Service (NRCS) soil testing standards and procedures shall only be
				substituted if the retention structure is designed by USDA NRCS
				Engineers.
(15)
				Laboratory test reports showing the amount of Nitrogen as Nitrate and total
				Phosphorous contained in the following:
(A)
				Groundwater from all existing water wells located at the facility and land
				application sites.
(B) All surface
				water impoundments located at the facility and land application
				sites.
(C) Composite soil samples
				from each land application site.
(16) A Pollution Prevention Plan (PPP) which
				contains an Animal Waste Management Plan (AWMP), a carcass disposal plan, an
				erosion control plan, and Best Management Practices (BMPs).
(17) A notarized sworn statement signed by
				the owner accepting full responsibility for properly closing all waste
				retention structures upon termination of the CAFO operation.
(18) A financial statement declaring the
				financial ability of an owner to operate an animal feeding operation with a
				liquid waste management system in order to comply with the surety requirements
				of the Act. The financial statement shall be confidential and shall not be
				opened to public inspection.
(19) A
				notarized certification signed by the person applying for a license, which
				states: "I certify under penalty of law this document and all attachments were
				prepared under my direction or supervision in accordance with a system designed
				to assure qualified personnel properly gathered and evaluated the information
				submitted. Based on my inquiry of the persons who manage the system, or those
				persons directly responsible for gathering the information, the information
				submitted is, to the best of my knowledge and belief, true, accurate, and
				complete. I am aware there are significant penalties for knowingly submitting
				false, inaccurate, or incomplete information, including the possibility of
				fines for each violation."
(20) All
				documentation deemed necessary and requested by the Oklahoma Department of
				Agriculture, Food, and Forestry to assure the quality of waters of the state
				are not compromised, including waste retention structure liner specifications
				and design plans and any other information required by the Department directly
				related to the construction, installation, or future modification or operation
				of a CAFO.