Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-18 - Violation points system

Current through Vol. 41, No. 20, July 1, 2024
The following violation points system shall be utilized by
				  the Department to assess points prior to suspension, revocation, or nonrenewal
				  of a CAFO license. This system shall operate in addition to penalties provided
				  for in the Oklahoma Concentrated Animal Feeding Operations Act, and shall not
				  alter the authority to the Board to revoke a license under other sections of
				  the Act.
(1) When any animal feeding
				operation accrues a total of fifteen (15) or more points in any two (2) year
				time period, the license of the animal feeding operation shall be suspended,
				revoked, or not renewed by the Board.
(2) Points shall accrue based on violations
				of the Oklahoma Concentrated Animal Feeding Operations Act and rules.
(A) Failure of any CAFO to apply for a
				license when required by the provisions of the Oklahoma Concentrated Animal
				Feeding Operations Act shall accrue three (3) to five (5) points.
(B) Knowingly making any false statement,
				representation, or certification in, omitting material data from, or tampering
				with any application for a license, or notice relating to the determination of
				affected property owners shall be a significant violation and accrue four (4)
				to five (5) points.
(C) Failure to
				follow the Pollution Prevention Plan and the failure results in actual harm to
				natural resources of the state, ground or surface water quantity or quality,
				public health, or the environment shall be a significant violation and accrue
				five (5) points.
(D) Failure to
				follow the Pollution Prevention Plan and the failure results in potential harm
				to natural resources of the state, ground or surface water quantity or quality,
				public health, or the environment shall accrue three (3) to four (4)
				points.
(E) Failure to provide full
				closure of a facility pursuant to a closure plan shall accrue three (3) to five
				(5) points.
(F) Failure by an
				animal feeding operation to utilize or comply with Best Management Practices
				and the failure results in actual harm to natural resources of the state,
				ground or surface water quantity or quality, public health, or the environment
				shall be a significant violation and accrue five (5) points.
(G) Failure by an animal feeding operation to
				utilize or comply with Best Management Practices and the failure results in
				potential harm to natural resources of the state, ground or surface water
				quantity or quality, public health, or the environment shall accrue three (3)
				to four (4) points.
(H) Failure by
				an animal feeding operation to report a discharge shall accrue two (2) to four
				(4) points.
(I) Failure by an
				animal feeding operation to utilize or comply with an Animal Waste Management
				Plan and the failure results in actual harm to natural resources of the state,
				ground or surface water quantity or quality, public health, or the environment
				shall be a significant violation and accrue five (5) points.
(J) Failure by an animal feeding operation to
				utilize or comply with an Animal Waste Management Plan and the failure results
				in potential harm to natural resources of the state, ground or surface water
				quantity or quality, public health, or the environment shall accrue three (3)
				to four (4) points.
(K) Failure by
				an animal feeding operation to follow a carcass disposal plan shall accrue one
				(1) to three (3) points.
(L)
				Failure by an animal feeding operation to follow a erosion control plan shall
				accrue one (1) to two (2) points.
(M) Failure to take such actions as are
				reasonable and necessary to avoid pollution of any stream, lake, river or creek
				or violate any rule to prevent water pollution shall be a significant violation
				and accrue five (5) points.
(N)
				Knowingly making false statements, representation, or certification in any
				water pollution form, notice, or report shall be a significant violation and
				accrue five (5) points.
(O)
				Knowingly rendering inaccurate any monitoring device or method required to be
				maintained by any water pollution rules shall be a significant violation and
				accrue five (5) points.