reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Oklahoma Healthy Food Financing Program is
				  to provide financing for food retailers to provide heathy food in underserved
				  communities which primarily serve low or moderate income communities. The
				  Oklahoma Department of Agriculture, Food, and Forestry shall operate the
				  Oklahoma Healthy Food Financing Program in a manner consistent with the
				  provisions of Section
				  5-201 et seq. of Title 2 of the
				  Oklahoma Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Board"
means the State Board of Agriculture or
				  its designee.
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry, or its designee.
"Financing"
means loans, grants, and forgivable
				  loans.
"Grocery store"
means a for-profit or
				  not-for-profit self-service retail establishment that primarily sells meat,
				  seafood, fruits, vegetables, dairy products, dry groceries, household products,
				  and sundries.
"Low-income community"
means a census tract, as
				  reported in the most recent decennial census published by the United States
				  Bureau of the Census, that has a poverty rate of at least twenty percent (20%)
				  or in which the median family income does not exceed eighty percent (80%) of
				  the greater of the statewide or metropolitan median family income.
"Moderate income community"
means a census
				  tract, as reported in the most recent decennial census published by the United
				  States Bureau of the Census, in which the median family income is between
				  eighty-one percent (81%) and ninety-five percent (95%) of the statewide or
				  metropolitan median family income.
"Small food retailer"
means a small retail
				  outlet less than two thousand five hundred (2,500) square feet, which sells a
				  limited selection of foods and other products.
"Underserved community"
means a census tract, as
				  reported in the most recent decennial census published by the United States
				  Bureau of the Census, determined to be an area with low supermarket access by
				  either the United States Department of Agriculture, as identified in the Food
				  Access Research Atlas, or through a methodology that has been adopted for use
				  by another governmental healthy food initiative.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-3 - Applicant eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants
				eligible for financing shall include, but are not limited to, sole
				proprietorships, partnerships, limited liability companies, corporations,
				cooperatives, nonprofit organizations, nonprofit community development
				entities, universities, and government entities. All applicants shall be
				residents of or entities formed within the State of Oklahoma.
(b) Eligibility may be given to those
				applicants who:
(1) Demonstrate the capacity
				to successfully implement the project;
(2) Demonstrate the project is expected to be
				economically self-sustaining;
(3)
				Demonstrate the ability to repay the debt; and
(4) Agree, for a minimum of five (5) years,
				to comply with the following conditions:
(A)
				To accept the benefits of the United States Department of Agriculture's
				Supplemental Nutrition Assistance Program (SNAP) or other federal or state
				nutrition assistance programs;
(B)
				To apply for the United States Department of Agriculture's Special Supplemental
				Nutrition Program for Women, Infants, and Children (WIC) or other federal or
				state nutrition assistance programs, and to accept the benefits, if
				approved;
(C) To allocate at least
				thirty percent (30%) of food retail space for the sale of perishable foods,
				which shall include fresh dairy, produce, meats, poultry, and fish;
(D) To comply with all data collection and
				reporting requirements established by the Board; and
(E) To promote the hiring of local
				residents.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-4 - Project eligibility

Current through Vol. 41, No. 20, July 1, 2024
Projects eligible for financing shall be located in an
				  underserved community and primarily serve low or moderate income communities.
				  These projects shall include, but not be limited to:
(1) Construction of new grocery stores;
(2) Construction of small food
				retailers; and
(3) Grocery store
				or small food retailer renovations, expansions, and infrastructure upgrades
				that improve the availability and quality of fresh produce and other healthy
				foods.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-5 - Evaluation and financing criteria

Current through Vol. 41, No. 20, July 1, 2024
When an applicant and the applicant's project are eligible
				  for financing, the Department shall evaluate the application and determine the
				  overall ability to participate and the amount of financing after considering
				  the following criteria:
(1) The level
				of need of access to healthy foods in the area to be served;
(2) The degree to which the project requires
				an investment of public financing to progress, create, or impact the access to
				healthy food;
(3) The degree to
				which the project will have a positive economic impact on the underserved
				community, including creating or retaining jobs for local residents;
(4) The degree to which the project will
				participate in state and local health department initiatives to educate
				consumers on nutrition and promote healthier eating; and
(5) Other criteria the Board determines to be
				consistent with the purposes of the Healthy Food Financing Act.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-6 - Allowed use of project funds

Current through Vol. 41, No. 20, July 1, 2024
Financing made available for projects shall only be expended
				  for the following purposes:
(1) Site
				acquisition and preparation;
(2)
				Construction costs;
(3) Equipment
				and furnishings;
(4) Workforce
				training or security;
(5)
				Pre-development costs, including market studies and appraisals;
(6) Energy efficiency measures;
(7) Working capital for first-time inventory
				and start-up costs; and
(8) For
				small food retailers, the acquisition or leasing of refrigeration equipment,
				display shelving, or other one-time capital expenditure, at a cost of less than
				Five Thousand Dollars ($5,000.00), for the promotion and display of perishable
				foods, which shall include a blend of dairy products, fresh produce, fresh
				meats and poultry, and fresh or frozen fish.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 21 - Oklahoma Healthy Food Financing Program › Section 35:40-21-7 - Applications for project funds

Current through Vol. 41, No. 20, July 1, 2024
Applications for project funds are limited to the equivalent
				  of twenty (20) typed, single-spaced, eight and one-half inch by eleven inch
				  pages, including any attachments. Applications shall be submitted
				  electronically to the Oklahoma Department of Agriculture, Food and Forestry.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Made in Oklahoma program is to promote
				  foods and products and services produced in Oklahoma. The Oklahoma Department
				  of Agriculture, Food, and Forestry shall operate the Made in Oklahoma program
				  in a manner consistent with the provisions of Section
				  5-9
				  et seq. of Title 2 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Applicant"
means a person who is requesting
				  membership into the Made in Oklahoma program.
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry, or its designee.
"Product"
means a product processed or
				  manufactured to add value.
"Service"
means a useful task that contributes
				  to the public welfare.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-3 - Applicant eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants
				eligible for membership into the Made in Oklahoma program shall grow, process,
				or manufacture a product or provide a service within the state of
				Oklahoma.
(b) Eligibility may be
				given to those applicants who are in compliance with other state and federal
				agencies.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-4 - Product eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Products
				eligible for approval by the Department to use the Made in Oklahoma logo shall:
(1) Be processed or manufactured in an
				Oklahoma facility;
(2) Meet or
				exceed all federal and State of Oklahoma standards and regulations;
(3) Include language and imagery appropriate
				for all consumers; and
(4) Include
				an Oklahoma address on each label.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-4.1 - Service eligibility

Current through Vol. 41, No. 20, July 1, 2024
Services eligible for approval by the Department to use the
				  Made in Oklahoma logo shall:
(1) Be
				provided in Oklahoma;
(2) Meet or
				exceed all federal and State of Oklahoma standards and regulations;
(3) Be appropriate for all consumers;
				and
(4) Include an Oklahoma address
				on all information provided to the consumer.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-5 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications for membership into the Made
				in Oklahoma program shall be submitted to the Department.
(b) Each applicant shall submit a description
				of products, packaging, and proposed marketing materials or services. In
				addition, a label and sample of the product or description and video
				demonstrating the service shall be provided.
(c) Each applicant shall submit a copy of any
				required licenses, health certifications or records of inspection by state or
				federal agencies from the previous year for the facilities and raw materials
				utilized in the applicant's products or services.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-6 - Logo

Current through Vol. 41, No. 20, July 1, 2024
The Made in Oklahoma program logo shall be used only by a
				  member of the Made in Oklahoma program. It shall be used only for promotion of
				  eligible products and services as determined by the
				  Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-7 - Renewal and revocation

Current through Vol. 41, No. 20, July 1, 2024
(a) Made in
				Oklahoma program memberships shall be renewable on an annual basis.
				Applications for membership renewal shall be due on a date determined by the
				Department.
(b) Any person, firm,
				partnership, corporation, LLC, or other association who violates any provision
				of this section, gives false information in the application process,
				misrepresents certifications in the application process, or uses the Made in
				Oklahoma Program logo on an ineligible product or service shall be subject to
				immediate suspension or revocation of membership in the program and use of the
				Made in Oklahoma logo.
(c) Prior
				suspension or revocation of a Made in Oklahoma program membership may be cause
				for denial of a renewal application by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 23 - Made in Oklahoma › Section 35:40-23-8 - Product endorsement

Current through Vol. 41, No. 20, July 1, 2024
The Department does not endorse and makes no warranty
				  regarding any product or service determined eligible to use the Made in
				  Oklahoma program logo.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 25 - Oklahoma Winter Storm Grant Program › Section 35:40-25-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Oklahoma Winter Storm Grant Program is to
				  provide grants to incorporated municipalities to mitigate extreme purchase
				  costs, extraordinary costs, or both, incurred by the incorporated
				  municipality's owned or controlled unregulated utility affected by the extreme
				  weather event that began February 7. 2021. The Oklahoma Department of
				  Agriculture, Food, and Forestry shall operate the Oklahoma Winter Storm Grant
				  Program in a manner consistent with the provisions of Section
				  11-11 et seq. of Title 2 of the
				  Oklahoma Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 25 - Oklahoma Winter Storm Grant Program › Section 35:40-25-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Department"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry, or its designee.
"Extraordinary costs"
means costs incurred by an
				  incorporated municipality's unregulated utility related to the extreme weather
				  that occurred beginning February 7, 2021, and ending February 21, 2021,
				  including but not limited to, fuel-related storage and associated costs,
				  emergency compressed or liquified natural gas supplies, contracts for services
				  providing additional pressurization on lines and transportation pipeline
				  penalties. "Extraordinary costs" shall not include fees for late payments or
				  "Extreme purchase costs", as defined in this section.
"Extreme purchase costs"
means expenses incurred
				  for the purchase of fuel, purchased power, natural gas commodity, or any
				  combination thereof, whether at spot pricing, index pricing, or otherwise with
				  delivery beginning February 7, 2021, and ending February 21, 2021.
"Unregulated utility"
means any utility, as
				  defined in this section, which is not subject to the regulatory jurisdiction of
				  the Corporation Commission with respect to its rates, charges, and terms and
				  conditions of service.
"Utility"
means any person or entity doing
				  business in this state that furnishes natural gas or electric current to its
				  customers located at an address within this state and within the service area
				  of the utility.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 25 - Oklahoma Winter Storm Grant Program › Section 35:40-25-3 - Applicant eligibility

Current through Vol. 41, No. 20, July 1, 2024
Each applicant shall meet the following requirements:
(1) The incorporated municipality shall show
				proof of extreme purchase costs, extraordinary costs, or both, incurred by the
				incorporated municipality's owned or controlled unregulated utility;
(2) The population of the incorporated
				municipality shall be no greater than three thousand five hundred (3,500)
				persons according to the most recent Federal Decennial Census or most recent
				annual estimate of the population by the United States Census Bureau;
				and
(3) The incorporated
				municipality's owned or controlled unregulated utility shall have had no costs
				mitigated through securitization as provided by Sections
				9070 through
				9081 of Title 74 of the Oklahoma
				Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 25 - Oklahoma Winter Storm Grant Program › Section 35:40-25-4 - Evaluation criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall evaluate applications and determine the priority of applicants after
				considering the following criteria:
(1) The
				implications of the extraordinary costs and extreme purchase costs regarding an
				incorporated municipality's solvency; and
(2) The amount of an incorporated
				municipality's extraordinary costs and extreme purchase costs on a per capita
				basis.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 40 - Market Development › Subchapter 25 - Oklahoma Winter Storm Grant Program › Section 35:40-25-5 - Application requirements

Current through Vol. 41, No. 20, July 1, 2024
Each applicant for program funds shall:
(1) Execute documents as required by the
				Department;
(2) Submit the
				incorporated municipality's energy bills for the five (5) years preceding and
				ending on February 7, 2021;
(3)
				Agree to prioritize the use of awarded grant funds for extreme purchase costs
				when requesting grant funds for both extreme purchase costs and extraordinary
				costs; and
(4) Submit all required
				documents electronically to the Oklahoma Department of Agriculture, Food, and
				Forestry.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 1 - GENERAL PROVISIONS › Section 35:44-1-1 - Purpose and jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules
				  in this Subchapter implement the Oklahoma Agriculture Pollutant Discharge
				  Elimination System Act and the Oklahoma Agriculture Environmental Permitting
				  Act, 2 O.S. §§
										2A-1
				  et seq. and 2A-21 et seq., and apply to applicants for and holders of Oklahoma
				  Department of Agriculture, Food, and Forestry (ODAFF) permits and other
				  authorizations.
(b) Any facility
				  that discharges as that term is defined in 2 O.S. §
										2A-2 of the Oklahoma
				  Agriculture Pollutant Discharge Elimination System Act that are within the
				  Oklahoma Department of Agriculture, Food, and Forestry's areas of environmental
				  jurisdiction pursuant to 27A O.S. § 1-3-101 (D) required by federal
				  regulations to obtain a National Pollutant Discharge Elimination System (NPDES)
				  permit or an authorization pursuant to a NPDES general permit shall be required
				  to obtain an Agriculture Pollutant Discharge Elimination System (AgPDES) permit
				  or an authorization pursuant to an AgPDES general permit.
(c) The Oklahoma Department of Agriculture,
				  Food, and Forestry shall have the following areas of environmental
				  responsibility except as provided in (d) of this subsection:
(1) Point source discharges and nonpoint
				  source runoff from agricultural crop production, agricultural services,
				  livestock production, silviculture, feed yards, livestock markets and animal
				  waste,
(2) Pesticide
				  control,
(3) Forestry and
				  nurseries,
(4)
				  Fertilizer,
(5) Facilities which
				  store grain, feed, seed, fertilizer and agricultural chemicals,
(6) Dairy waste and wastewater associated
				  with milk production facilities,
(7) Groundwater protection for activities
				  subject to the jurisdictional areas of environmental responsibility of the
				  Department,
(8) Utilization and
				  enforcement of Oklahoma Water Quality Standards and implementation
				  documents,
(9) Development and
				  promulgation of a Water Quality Standards Implementation Plan for its
				  jurisdictional areas of environmental responsibility, and
(10) Storm water discharges for activities
				  subject to the jurisdictional areas of environmental responsibility of the
				  Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 1 - GENERAL PROVISIONS › Section 35:44-1-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 2449, eff 7-25-10 ; Amended at 28 Ok
						Reg 2206, eff 7-25-11 ; Amended at 29 Ok Reg 919, eff 7-1-12 ; Amended at 30 Ok
						Reg 827, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-20 - Compliance

Current through Vol. 41, No. 20, July 1, 2024
Applicants and permittees are subject to the laws and rules
					 pertaining to ODAFF as they exist on the date of filing an
					 application.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-21 - Filing an application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Tier
				  I.
The applicant shall file (2) copies of a Tier I application unless
				  the application form or instructions specifies that only one (1) copy is
				  needed.
(b)
Tier II and
				  III.
The applicant shall file three (3) copies of Tier II and Tier III
				  applications with ODAFF and place one (1) copy for public review in the county
				  in which the site, facility or activity is located.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-22 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Fees shall be submitted with the
				  application or notice of intent and, except as herein provided, shall not be
				  refunded.
(b) No fee shall be
				  required for a notice of termination or a notice of change, other than change
				  of permittee or co-permittee.
(c)
				  As of July 1, 2010, a request for a storm water construction waiver (rainfall
				  erosivity) shall be:
(1) One hundred fifty
				  dollars ($150.00) for electronic submissions.
(2) Two hundred dollars ($200.00) for paper
				  submissions.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-23 - Receipt of applications

Current through Vol. 41, No. 20, July 1, 2024
When an application and appropriate fee are received, each
					 program shall:
(1) File stamp the
				  application with the date of receipt;
(2) Assign the application to a permit
				  reviewer; and
(3) Enter this
				  information in a database or log book.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-24 - Administrative completeness review

Current through Vol. 41, No. 20, July 1, 2024
The reviewer shall have sixty (60) calendar days from the
					 file-stamped date of filing to determine if the application is administratively
					 complete.
(1)
Not
				  complete.
If the reviewer decides that the application is not complete,
				  ODAFF shall immediately send a Notice of Deficiencies to the applicant by mail,
				  describing with reasonable specificity the deficiencies and requesting
				  supplemental information. The reviewer may continue to ask for specific
				  information until the application is administratively complete. If the reviewer
				  does not notify the applicant of deficiencies, the period for technical review
				  shall begin at the close of the administrative completeness review
				  period.
(2)
Complete.
When the application is administratively complete, the reviewer shall enter the
				  date in the database or log book and immediately notify the applicant by mail.
				  The period for technical review begins.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-25 - Technical review

Current through Vol. 41, No. 20, July 1, 2024
(a) Each program
				  shall have the time period specified in these rules to review each application
				  for technical compliance with the relevant rules and to reach a final
				  determination. If the data in the application does not technically comply with
				  the relevant rules or law, the reviewer may notify the applicant by certified
				  mail, describing with reasonable specificity the deficiencies and requesting
				  supplemental information.
(b) Any
				  environmental permit that is not described in this Subchapter shall be reviewed
				  with all due and reasonable speed.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-26 - When review times stop

Current through Vol. 41, No. 20, July 1, 2024
The time period for review stops during:
(1) litigation;
(2) public review and participation,
				  including waiting periods, comment periods, public meetings, administrative
				  hearings, ODAFF preparation of response to comments or review by state or
				  federal agencies;
(3) requests for
				  supplemental information; and
(4)
				  the time in which an applicant amends the application of their own
				  accord.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-27 - Supplemental time

Current through Vol. 41, No. 20, July 1, 2024
The Notice of Deficiencies and request for supplemental
					 information may state that up to thirty (30) additional calendar days may be
					 added to the application processing time. Requests for supplemental information
					 may also state that additional days for technical review equal to the number of
					 days the applicant used to respond may be added to the review
					 time.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-28 - Extensions

Current through Vol. 41, No. 20, July 1, 2024
Extensions to the time lines shall only be made at the
					 request of an applicant and at the discretion of the Department, except as
					 provided in section
					 35:44-1-29(2).
					 Requests of applicants shall not be unnecessarily denied.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-29 - Failure to meet deadline

Current through Vol. 41, No. 20, July 1, 2024
Where failure to meet a deadline by the Department is
					 imminent, then:
(1) At least thirty
				  (30) calendar days prior to the deadline ODAFF shall reassign staff or retain
				  outside consultants to meet the deadline; or
(2) The applicant may agree to an extension
				  of time for a specific purpose and period of time with refund of the entire
				  application fee, unless a refund is prohibited by law.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-30 - Notices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Statutory requirements for
				  notice.
The Agriculture Environmental Permitting Act requires an
				  applicant to publish notice of filing a legal notice in one newspaper local to
				  the proposed location or existing facility in accordance with 2 O.S. §
										2A-25.
(b)
Notice to landowner.
Applicants shall certify by affidavit that they own the real property, have a
				  current lease or easement which is given to accomplish the permitted purpose or
				  have provided legal notice to the landowner.
(c)
Notice content.
The
				  applicant shall provide ODAFF with a draft notice for approval prior to
				  publication. All published legal notices shall contain the:
(1) Name and address of the
				  applicant;
(2) Name, address and
				  legal description of the site, facility and activity;
(3) Purpose of notice;
(4) Type of permit or permit action being
				  sought;
(5) Description of
				  activities to be regulated;
(6)
				  Locations where the application may be reviewed;
(7) Names, addresses and telephone numbers of
				  contact persons for ODAFF and for the applicant;
(8) Description of public participation
				  opportunities and time period for comment and requests; and
(9) Any other information required by ODAFF
				  rules.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-31 - Withdrawing applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
By
				  applicant.
An applicant may withdraw an application at any time with
				  written notice to ODAFF and forfeiture of fees.
(b)
By ODAFF.
Except for good
				  cause shown, when an applicant fails to supplement an application within 180
				  calendar days after the mailing date of a Notice of Deficiencies, or by an
				  agreed date, ODAFF shall void the application. ODAFF shall notify the applicant
				  of an opportunity to show cause why this should not occur.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-32 - Permit issuance or denial

Current through Vol. 41, No. 20, July 1, 2024
(a)
Compliance required.
A new, modified or renewed permit or other
				  authorization sought by the applicant shall not be issued until ODAFF has
				  determined the application is in substantial compliance with applicable
				  requirements of ODAFF laws and rules.
(b)
Conditions for issuance.
ODAFF may not issue a new, modified or renewed permit or other authorization
				  sought by the applicant if:
(1) The applicant
				  has not paid all monies owed to ODAFF or is not in substantial compliance with
				  the ODAFF laws and rules and the terms of any existing ODAFF permits and
				  orders. ODAFF may impose special conditions on the applicant to assure
				  compliance and a separate schedule which ODAFF considers necessary to achieve
				  required compliance; or
(2)
				  Material facts were misrepresented or omitted from the application and the
				  applicant knew or should have known of such misrepresentation or
				  omission.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-33 - Tier II and III modifications

Current through Vol. 41, No. 20, July 1, 2024
For Tier II and III permit modification actions, only those
					 issues relevant to the modifications shall be reopened for public review and
					 comment.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-34 - Permit decision-making authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Designated positions.
The AgPDES Director may delegate duties in
				  writing to qualified officials who meet the standards set in Title 2 of the
				  Oklahoma Statutes, Sections
				  2A-4
				  and
				  2A-5
				  the power and duty to issue, renew, amend, modify and deny permits and take
				  other authorization or registration action.
(b)
Revision.
The AgPDES
				  Director may amend any delegated duties in writing.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-35 - Pre-issuance permit review and correction

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicant review.
ODAFF may
				  ask an applicant to review its permit for calculation and clerical errors or
				  mistakes of fact or law before the permit is issued.
(b)
Correction.
ODAFF may
				  correct any permit before it is issued.
(1)
Notice of significant corrections.
For permits based on Tier II
				  and III applications, an applicant shall publish legal notice in one newspaper
				  local to the site of any correction or change proposed by ODAFF which
				  significantly alters a facility's permitted size, capacity or limits.
(2)
Comments.
ODAFF shall open a
				  public comment period and reconvene a public meeting and administrative hearing
				  to receive public comments on the proposed significant corrections.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 2 - THE PROCESS › Section 35:44-1-36 - Consolidation of permitting process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Discretionary.
Whenever an applicant applies for more than one
				  permit for the same site, ODAFF may authorize, with the consent of the
				  applicant, the review of the applications to be consolidated so that each
				  required draft permit, draft denial, and proposed permit is prepared at the
				  same time and public participation opportunities are combined.
(b)
Scope.
When consolidation is
				  authorized by ODAFF:
(1) The procedural
				  requirements for the highest specified tier shall apply to each affected
				  application.
(2) ODAFF may also
				  authorize the consolidation of public comment periods, process and public
				  meetings, and administrative permit hearings.
(3) Final permits may be issued
				  together.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 3 - TIERS AND TIME LINES › Section 35:44-1-37 - Water quality time lines, permit issuance, and permit application

Current through Vol. 41, No. 20, July 1, 2024
(a) The Division shall technically review
				  applications for Tier I, II, and III permits and issue or deny permits within
				  180 calendar days.
(b) Permits
				  shall become effective within thirty (30) calendar days of notice of
				  issuance.
(c) Prior to expiration
				  of the permit, the permittee shall apply for a renewal or new authorization as
				  follows:
(1) Ninety (90) calendar days for
				  Tier I permits,
(2) One hundred
				  eighty (180) calendar days for Tier II permits, or
(3) By the date specified in a new permit or
				  upon submission of a notice of termination.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 3 - TIERS AND TIME LINES › Section 35:44-1-38 - Water quality applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following water quality authorizations require Tier I
					 applications:
(1) New, modified or
				  renewed authorization under a general permit, except authorization pursuant to
				  a concentrated animal feeding operations general permit.
(2) Transfer of discharge permit considered
				  minor pursuant to
				  40 CFR
				  122.63(d).
(3) Minor modification of discharge permit or
				  of an authorization pursuant to a general permit.
(4) Administrative amendment of permits or
				  other authorizations for the correction of administrative or typographical
				  errors.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 3 - TIERS AND TIME LINES › Section 35:44-1-39 - Water quality applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following water quality authorizations require Tier II
					 applications.
(1) New individual
				  discharge permit for small and medium concentrated animal feeding
				  operations.
(2) Permit renewal or
				  major modification for a facility with individual discharge permit, including
				  concentrated animal feeding operation permits.
(3) New, modified or renewed general permit
				  promulgation.
(4) New, major
				  modification, or renewed authorization under a concentrated animal feeding
				  operation general permit.
(5) Any
				  new individual discharge permit for a non-major facility.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 3 - TIERS AND TIME LINES › Section 35:44-1-40 - Water quality applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
A new individual discharge permit requires a Tier III
					 application for any facility not already covered by Tier I or II, including a
					 new large concentrated animal feeding operation or a new major discharge
					 facility.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 1 - Agriculture Environmental Permitting and Agpdes › Part 3 - TIERS AND TIME LINES › Section 35:44-1-41 - Permit duration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any permit
				  issued pursuant to these rules shall not exceed a duration of five (5)
				  years.
(b) The conditions of an
				  expired permit shall continue in force until the effective date of a new permit
				  or until a notice of termination is submitted, whichever comes first.
Added at 27 Ok Reg
					 2449, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-1 - Permit required

Current through Vol. 41, No. 20, July 1, 2024
Any animal feeding operation required by federal regulations
				  to obtain a National Pollutant Discharge Elimination System permit for
				  concentrated animal feeding operations shall be required to obtain an
				  Agriculture Pollutant Discharge Elimination System permit.
Added at 23 Ok Reg 505,
				  eff 12-1-05 (emergency); Added at 23 Ok Reg 881, eff
				  5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-2 - Incorporation by reference of federal regulations

Current through Vol. 41, No. 20, July 1, 2024
(a) The following provisions of Title 40 of
				the Code of Federal Regulations and the requirements contained therein
				pertaining to concentrated animal feeding operations are, unless otherwise
				specified, adopted and incorporated by reference in their entirety, except for
				those regulations noted in subsection (b):
(1)
				The following from Part 122 (NPDES Permit Regulations):
(A) 122.21 (a)-(b), (e)-(f), (i), and (p)
				(application for permit).
(B)
				122.23 (concentrated animal feeding operations).
(C) 122.28 (General permits).
(D) 122.42(e) (Conditions applicable to
				specified categories of permits).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 505, eff 12-1-05 (emergency) ; Added at
					 23 Ok Reg 881, eff 5-11-06 ; Amended at 24 Ok Reg 1780, eff 6-25-07 ; Amended
					 at 25 Ok Reg 1057, eff 7-1-08 ; Amended at 26 Ok Reg 1388, eff 7-1-09 ; Amended
					 at 27 Ok Reg 911, eff 7-1-10 ; Amended at 28 Ok Reg 2206, eff 7-25-11 ; Amended
					 at 29 Ok Reg 919, eff 7-1-12
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-4 - Terms and conditions of permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Terms and conditions of permits issued under this Chapter shall include
				requirements necessary to assure compliance with the Oklahoma Water Quality
				Standards, the Implementation of Oklahoma's Water Quality Standards, and the
				ODAFF Water Quality Standards Implementation Plan.
(b) Where practicable and as deemed
				appropriate by the AgPDES Director and as applicable in the circumstances, any
				discharge permit, or authorization to discharge issued by the Director under a
				General Permit, may contain appropriate terms, conditions, limitations and
				requirements related to protection of groundwater, for remediation of
				pollution, or for implementation of other programs under the jurisdiction of
				the ODAFF.
Added at 27 Ok Reg 2449,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-5 - Technology-based methodologies

Current through Vol. 41, No. 20, July 1, 2024
Effluent limitation guidelines for industry categories and
				  pollutants are promulgated by the EPA pursuant to the Federal Water Pollution
				  Control Act, as amended by the Clean Water Act of 1977 and Water Quality Act of
				  1987. EPA guidelines are adopted and incorporated by reference in OAC
				  35:44-1-2.
				  If there are no industry category or pollutant guidelines applicable to the
				  applicant's industry, Best Professional Judgment of the permit writer
				  applies.
Added at 27 Ok Reg 2449,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-6 - Water quality review

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				provisions of "Quality Criteria for Water, 1986", United States Environmental
				Protection Agency, EPA 440/5-86-001, as amended, are incorporated herein by
				reference and shall be consulted where Oklahoma's Water Quality Standards do
				not contain a specific criterion on a particular pollutant and a criterion is
				necessary to protect a designated beneficial use.
(b) In all cases, where appropriate, to
				ensure that beneficial uses of receiving waters are protected or when deemed
				necessary to establish waste load allocations of dischargers to a stream, the
				AgPDES Director shall require the applicant to perform and submit to ODAFF
				appropriate stream studies and water quality modeling. If resources allow,
				ODAFF may conduct stream studies and modeling.
Added at 27 Ok Reg 2449,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 44 - Agriculture Pollutant Discharge Elimination System › Subchapter 3 - Permit Conditions and Requirements › Section 35:44-3-7 - Water Quality Standards Variance

Current through Vol. 41, No. 20, July 1, 2024
Approval for any variance allowed pursuant to the Oklahoma
				  Water Quality Standards shall be obtained directly from the Oklahoma Water
				  Resources Board and the permittee or applicant shall submit written evidence of
				  the variance to the AgPDES Director in a timely manner.
Added at 27 Ok Reg 2449,
				  eff 7-25-10