Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-14 - Swine Waste Management Plans

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				swine waste management plan or its equivalent shall be prepared, according to
				Departmental policy, for each facility prior to the submission of a CAFO
				license application. A swine waste management plan or its equivalent may
				include, but is not limited to, a Comprehensive Nutrient Management Plan per
				NRCS guidance, or a Nutrient Management Plan per EPA guidance.
(b) The swine waste management plan shall
				include:
(1) A plan with a proposed schedule
				for liquid and solid swine waste removal, including sludge.
(2) A date log indicating weekly inspection
				of wastewater level in the retention structure, including specific measurement
				of wastewater level. Facilities using pits, ponds, or other waste retention
				structures for storage and treatment of storm water, manure, and process
				generated wastewater, including flush water waste handling systems, shall
				maintain in their wastewater retention structure sufficient capacity to contain
				rainfall and rainfall runoff from a 25-year, 24-hour rainfall event. The owner
				shall immediately restore sufficient capacity to contain a 25-year, 24-hour
				rainfall event after any rainfall event or accumulation of wastes or process
				generated wastewater which reduces capacity, weather permitting. The 25-year,
				24-hour rainfall event capacity shall be in addition to the one (1) foot of
				freeboard required.
(3) All
				calculations and all factors and assumptions used in determining land
				application rates, acreage, and crops for both solid and liquid swine wastes.
				Land application rates shall take into account the plant available nutrient
				contribution of any land applied swine wastes. The following requirements shall
				apply to land application of swine waste on land owned or leased by the owner:
(A) Runoff from swine waste is prohibited
				where it results in a discharge to surface or groundwaters of the State. The
				owner shall provide controls for runoff and erosion as appropriate for site
				conditions.
(B) Swine wastes shall
				not be applied when the ground is frozen or saturated or during rainfall
				events.
(C) It shall be considered
				acceptable emergency procedures for a facility which has been properly
				designed, constructed, and operated and is in danger of an imminent overflow
				due to chronic or catastrophic rainfall to discharge wastewaters to land
				application sites for filtering prior to discharging to surface or groundwaters
				of the State.
(D) Land application
				practices shall be managed so as to reduce or minimize the following:
(i) Ponding or puddling of wastewater on the
				site.
(ii) Adverse conditions that
				invite pests including flies and rodents.
(E) Facilities including waste retention
				structures, waste storage sites, land application sites, ponds, pipes, ditches,
				pumps, and diversion and irrigation equipment shall be maintained to insure the
				ability to fully comply with the terms of these rules and the Pollution
				Prevention Plan.
(F) Adequate
				equipment and land application area shall be available for removal of waste and
				wastewater as required to maintain the proper operating volume of the retention
				structure. A list of proposed or actual equipment shall be included.
(G) If swine wastes are sold or given to
				other persons for disposal, the owner of the LMFO shall maintain a log of the
				following:
(i) Date of removal from the
				operation.
(ii) Name of
				hauler.
(iii) Amount in wet tons,
				dry tons, gallons, or cubic yards of waste removed from the
				operation.
(H) Surface
				disposal of swine wastes in the 100-year flood plain, as established by the
				Federal Emergency Management Agency (FEMA), or near water courses is prohibited
				unless protected from inundation and damage that may occur during that flood
				event by adequate berms or other structures. The land application of swine
				wastes at agronomic rates shall not be considered surface disposal and is not
				prohibited.
(I) Runoff from swine
				waste storage piles shall be retained on site.
(J) Accumulation of water in swine waste
				storage areas shall be avoided.
(K)
				Timing and rate of applications shall be in response to crop needs, assuming
				usual nutrient losses, expected precipitation, and soil conditions. Timing and
				rate of land application of swine waste shall be based on published materials
				approved by the Department.
(L)
				Land application shall not occur in areas defined as do not apply areas in the
				waste application criteria of the USDA NRCS Waste Utilization Standard
				Conservation Practice Standard Code 633, Nutrient Management Conservation
				Practice Standard Code 590, or their current replacement.
(M) The swine waste management plan shall
				identify areas which due to topography, activities, or other factors have a
				high potential for significant soil erosion. Where these areas have the
				potential to contribute pollutants to surface or groundwaters of the State, the
				Pollution Prevention Plan shall identify measures used to limit erosion and
				pollutant runoff. Land subject to excessive erosion shall be avoided.
(4) LMFO nutrient loading.
(A) Liquid manure and bottom sludge of a
				waste retention structure shall be applied to land in accordance with the swine
				waste management plan as approved by the Department.
(B) Liquid contents of the waste retention
				structure shall be applied at agronomic rates and shall not exceed the nitrogen
				uptake of the crop. Where local water quality is threatened by phosphorus, in
				no case shall the owner exceed the application rates of phosphorus in the most
				current USDA NRCS Waste Utilization Standard. Watersheds that are nutrient
				limited and groundwaters that are nutrient vulnerable shall be deemed to be
				threatened by phosphorus.
(C)
				Calculation of loading rates shall be based upon the existing nitrogen content
				of the receiving soil and the optimum nitrogen requirement of a particular
				crop.
(D) All soil and waste
				sampling shall occur on an annual basis.