reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-16 - Best Management Practices (BMPs)

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner shall document all Best
				Management Practices (BMPs) used to comply with the required effluent
				limitations. Equivalent measures contained in a site-specific AWMP prepared by
				NRCS may be substituted for the BMPs.
(b) The criteria for BMPs shall be
				established in writing by the Department and shall include but not be limited
				to the following:
(1) There shall be no water
				quality impairment to public and neighboring private drinking water wells due
				to waste handling at the facility. Wastewater retention structures or land
				application of wastewater shall not be located within three hundred (300) feet
				of an existing public or private drinking water well.
(2) Animal waste handling, treatment, and
				management shall not knowingly or reasonably result in the destruction of
				endangered or threatened species or contribute to the taking of any federally
				endangered or threatened species of plant, fish or wildlife, nor shall disposal
				knowingly interfere with or cause harm to migratory birds. The owner shall
				notify the appropriate fish and wildlife agency in the event of any significant
				fish, wildlife, or migratory bird or endangered species kill or die-off on or
				near retention ponds or in fields where waste has been applied and which could
				reasonably have resulted from waste management at the facility.
(3) Solids, sludges, manure, or other
				pollutants removed in the course of treatment or control of wastewaters shall
				be disposed of in a manner designed to prevent pollutants from being discharged
				to surface or groundwaters of the State.
(4) The owner shall prevent the discharge of
				pesticide contaminated waters into surface or groundwaters of the State. All
				wastes from dipping vats, pest, and parasite control units and other facilities
				utilized for the application of potentially hazardous or toxic chemicals shall
				be handled and disposed of in a manner which prevents pollutants from entering
				the surface or groundwaters of the State.
(5) Fresh water entering into contaminated
				areas shall be managed to prevent contamination. Preventing the drainage of
				fresh surface waters into or onto waste contaminated areas shall be
				accomplished by one of the following:
(A)
				Terracing and the construction of other diversion structures to redirect fresh
				water drainage from entering waste contaminated areas.
(B) Rainwaters falling directly on waste
				contaminated areas of the facility shall be collected and dispersed as a
				waste.
(6) Actions as
				deemed necessary shall be taken to retain all animal waste on the premises
				until proper waste utilization is accomplished.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-17 - Other statutory authority

Current through Vol. 41, No. 20, July 1, 2024
No condition of this Subchapter shall release the owner from
				  any responsibility or requirements under other Federal, State, or Local
				  statutes or rules. The burden shall be upon the owner to determine
				  compliance.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-19 - Receipt and resolution of complaint against owner

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a written complaint, the Department notifies
				  the person filing the complaint in writing of its receipt and status within
				  five (5) working days. The party whom the complaint is filed against, if known,
				  is notified within five (5) working days. The resolution of a complaint is the
				  completion of the appropriate administrative, jurisdictional, and legal
				  remedies to the extent possible by the Department. The complainant and owner
				  shall be notified in writing within seven (7) working days after resolution of
				  the complaint.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-20 - Biosecurity

Current through Vol. 41, No. 20, July 1, 2024
If direct contact with animals or animal quarters becomes
				  necessary, disease prevention measures outlined by the owner will be followed
				  by the inspector.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-21 - Closure of animal waste retention structures

Current through Vol. 41, No. 20, July 1, 2024
(a) If for any reasona waste retention
				structure is taken out of operation permanently or by action of the State Board
				of Agriculture is ordered to permanently cease operations, the owner is
				responsible fornotifying the Department of owner's intention to close the waste
				retention structures for the handling of animal waste. The owner is responsible
				for the proper closure of all waste retention structures to be closed. If a
				facility temporarily ceases operations and remains in full compliance with its
				Pollution Prevention Plan, the facility shall not be considered to have
				permanently closed.
(b) The owner
				shall submit a closure plan as part of the permit application including at a
				minimum:
(1) The sequence of closing process
				including but not limited to handling of waste retention structure wastewater,
				solids, and handling and safe disposal of bottom sludge.
(2) Demonstrate the availability of
				sufficient land area for land application of the liquid, solid, and sludge
				component of the waste retention structure.
(3) Provide a copy of a written estimate, in
				current dollars, of the cost of hiring an independent third party to
				decommission each waste retention structure.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-22 - Variances

Current through Vol. 41, No. 20, July 1, 2024
Variances from these rules shall only be granted on a case by
				  case basis and the granting of a variance shall not act as a precedent for any
				  other case, whether similar or not. In each case where a variance is granted,
				  the decision shall be thoroughly documented.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-23 - Licensed facilities not yet constructed

Current through Vol. 41, No. 20, July 1, 2024
All structures and facilities licensed but not yet
				  constructed shall be subject to all construction requirements of the Oklahoma
				  Concentrated Animal Feeding Operations Act in effect at the date of
				  construction. Prior to commencement of construction, the Pollution Prevention
				  Plan shall be updated, and the Department shall be notified of construction
				  prior to commencement.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-24 - Repealer

Current through Vol. 41, No. 20, July 1, 2024
All previous rules promulgated by the Board under the
				  Oklahoma Feed Yards Act or the Oklahoma Concentrated Animal Feeding Operations
				  Act are repealed.
Added at 25 Ok Reg 1795,
				  eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules shall serve to control nonpoint source runoff and
				  discharges from poultry waste application of poultry feeding operations. The
				  rules allow for the monitoring of poultry waste application to land or removal
				  from these operations and assist in ensuring beneficial use of poultry waste
				  while preventing adverse effects to the waters of the state of Oklahoma. These
				  rules are promulgated pursuant to and are read in conjunction with the Oklahoma
				  Registered Poultry Feeding Operations Act found at Section10-9.1 et seq. at
				  Title 2 of the Oklahoma Statutes. The provisions of the Oklahoma Registered
				  Poultry Feeding Operations Act are incorporated by reference.
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms contained and defined in the
				  Oklahoma Registered Poultry Feeding Operations Act, the following words or
				  terms when used in this subchapter shall have the following meaning unless the
				  context clearly indicates otherwise:
"Discharge"
means any release by pumping,
				  pouring, emptying, or dumping of poultry waste directly or through a manmade
				  conveyance into waters of the State.
"Nutrient Management Plan"
means a written plan
				  that includes a combination of conservation and management practices designed
				  to protect the natural resources of the state as required by the Oklahoma
				  Department of Agriculture, Food and Forestry pursuant to the provisions of
				  Section
				  10-9.7
				  of Title 2 of the Oklahoma Statutes and shall also include a certified nutrient
				  management plan and animal waste management plan.
"Occupied residence"
means a habitable structure
				  designed and constructed for full-time occupancy in all weather conditions,
				  and:
(A) Is not readily mobile,
(B) Is connected to a public or permanent source of
				  electricity and a permanent waste disposal system or public waste disposal
				  system, and
(C) Is occupied as a residence.
"Runoff"
means any release by leaking, escaping,
				  seeping, or leaching of poultry waste into waters of the State.
"USDA NRCS"
means the United States Department
				  of Agriculture Natural Resources Conservation Service.
"Waste facility"
means any structure or
				  combination of structures utilized to control poultry waste until it can be
				  utilized in an authorized manner. These structures shall include all treatment
				  and storage structures but not be limited to pits, burial sites, barns, or roof
				  covered structures which house poultry, composters, poultry waste storage
				  sites, or retention structures, and all appurtenances or additions.
Added at 15 Ok Reg 1057, eff 12-19-97 (emergency) ; Added
					 at 15 Ok Reg 2520, eff 6-25-98 ; Amended at 15 Ok Reg 4266, eff 8-20-98
					 (emergency) ; Amended at 16 Ok Reg 2119, eff 6-25-99 ; Amended at 30 Ok Reg
					 813, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-3 - Registration, Nutrient Management Plan (NMP) required

Current through Vol. 41, No. 20, July 1, 2024
(a)
Registration.
(1) It shall be unlawful for any person to
				construct or operate a new poultry feeding operation without first registering
				with the State Board of Agriculture.
(2) Every poultry feeding operation shall be
				required to reregister annually by January 1 to operate.
(3) Any poultry feeding operation that has a
				valid license pursuant to the Oklahoma Concentrated Animal Feeding Operations
				Act shall not be required to register pursuant to the Oklahoma Registered
				Poultry Feeding Operations Act.
(4)
				The owner or operator of a poultry feeding operation not classified as a
				poultry feeding operation may register if the owner elects to come under the
				provisions of the Oklahoma Registered Poultry Feeding Operations Act and the
				rules of the State Board of Agriculture.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-3.1 - Setbacks for new or expanding construction of poultry barns

Current through Vol. 41, No. 20, July 1, 2024
(a) New or expanding poultry feeding
				operations, including, but not limited to, poultry barns, composters and other
				carcass disposal areas, litter sheds, and other buildings associated with the
				operation, but not to include land application sites, shall not be located
				within the following applicable distances:
(1) Occupied residence:
(A) Fewer than, and including, one hundred
				and fifty thousand (150,000) birds shall be five hundred (500) feet; and
(B) More than one hundred and
				fifty thousand (150,000) birds shall be one thousand (1,000) feet.
(C) The distance between an occupied
				residence and a poultry waste facility shall be measured from the closest
				corner of the wall of the occupied residence to the closest point of the
				poultry waste facility;
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-3.2 - Cancellation of poultry feeding operation registration

Current through Vol. 41, No. 20, July 1, 2024
(a) A request to cancel registration of a
				poultry feeding operation shall be in writing and include a final annual report
				for the current fiscal year.
(b)
				Poultry waste shall be property removed from all poultry waste management
				systems prior to request for cancellation of a poultry feeding operation
				registration.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-4 - Soil and litter tests required

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				soil and poultry waste analysis data shall be dated prior to land application.
(b) Poultry waste shall be applied
				only by a certified poultry waste applicator.
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2520, eff 6-25-98; Revoked at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Revoked at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-5 - Nutrient Management Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				NMP shall comply with all requirements contained in Appendix B and shall
				contain, at a minimum, the following:
(1) A
				description of poultry waste handling procedures and availability of equipment
				and type of equipment to be used.
(2) The calculations and assumptions used for
				determining land application rates.
(3) All nutrient analysis data, including
				soil and poultry waste testing.
(4)
				Legal description of lands to be used by an operation for land
				application.
(5) Soils map with
				description and type or series.
(6)
				Land application rates of poultry waste shall be based on the available
				nitrogen and phosphorus content of the poultry waste and soil test
				results.
(7) The procedures
				documented in the NMP shall ensure that the handling and utilization of poultry
				waste complies with the following requirements:
(A) Adequate poultry waste storage shall be
				provided. Poultry waste shall not be stored without adequate protection from
				rainfall and runoff. All new poultry feeding operations shall make provisions
				for storage of poultry waste prior to operating. Exceptions to storage
				requirements for poultry waste in emergency situations shall be granted on a
				case by case basis. Exceptions shall include but not be limited to allowing a
				contract poultry grower to take such actions as are necessary to meet
				requirements imposed on a grower by an integrator. However, in all situations
				growers shall be required to take all actions feasible to prevent pollution
				from stored poultry waste.
(B)
				Poultry waste shall not be applied to land when the ground is saturated or
				during rainfall events. Poultry waste shall not be applied to land when the
				ground is frozen or snow covered except in conformance with the NMP.
(C) Poultry waste shall only be applied to
				suitable land at appropriate times and rates as specified by the NMP. Runoff of
				poultry waste from the application site is prohibited.
(D) All practices necessary to minimize
				movement of poultry waste to watercourses shall be utilized and documented in
				the NMP.
(E) Edge of field, grassed
				strips shall separate water courses from runoff which may be carrying eroded
				soil and poultry waste.
(F) Poultry
				waste application shall be prohibited on land subject to excessive
				erosion.
(G) Land application rates
				of poultry waste shall provide controls for runoff as appropriate for site
				conditions.
(H) Poultry waste shall
				only be applied by a certified poultry waste
				applicator.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-6 - Poultry waste Transfers

Current through Vol. 41, No. 20, July 1, 2024
In the event poultry waste cannot be used on the premises of
				  the poultry feeding operation, the poultry waste shall be sold, given away, or
				  otherwise safely removed from the premises.
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-7 - Record keeping

Current through Vol. 41, No. 20, July 1, 2024
(a) The following
				records shall be maintained for a minimum of six (6) years and shall be
				available at all times to the State Department of Agriculture:
(1) Poultry waste application records, rates,
				and dates of application.
(2) If
				the poultry waste is sold or given to other persons, the poultry feeding
				operation shall maintain a log of:
(A) Date
				of removal from the poultry feeding operation.
(B) Name of recipient the poultry waste is
				sold or given to.
(C) Amount in wet
				tons, dry tons, or cubic yards of poultry waste removed from the poultry
				feeding operation.
(D) Poultry
				feeding operations located in a nutrient limited watershed or nutrient
				vulnerable groundwaters as defined by the Oklahoma Water Resources Board shall
				make available to the recipient any nutrient sample analysis from that year.
				Poultry feeding operations located in non-nutrient limited watersheds or
				non-nutrient vulnerable groundwaters shall make available to the recipient the
				most recent nutrient sample analysis.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-8 - Inspections [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2520, eff 6-25-98; Amended at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-9 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a complaint, the State Department of
				  Agriculture shall notify the person filing the complaint in writing of its
				  receipt and status within five (5) working days. The party whom the complaint
				  is filed against, if known, will be notified within five (5) working days. The
				  State Department of Agriculture or its authorized agents are empowered to enter
				  upon the premises of any poultry feeding operation for the purpose of
				  investigating complaints regarding the operation or to determine compliance
				  with the Oklahoma Registered Poultry Feeding Operations Act. The resolution of
				  a complaint is the completion of the appropriate administrative,
				  jurisdictional, and legal remedies to the extent determined necessary by the
				  State Department of Agriculture. The complainant and owner shall be notified in
				  writing within seven (7) working days after resolution of the
				  complaint.
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2520, eff 6-25-98; Amended at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-9.1 - Biosecurity

Current through Vol. 41, No. 20, July 1, 2024
(a) Standard precautions for the prevention
				of the transmission of communicable diseases to humans and animals shall be
				used by employees of the State Department of Agriculture when inspecting
				poultry feeding operations pursuant to their official duties specified by the
				Oklahoma Registered Poultry Feeding Operations Act.
(b) Except for emergency situations or when
				enforcement of the provisions of the Oklahoma Registered Poultry Feeding
				Operations Act is required, the State Department of Agriculture shall observe
				the health standards and sanitary requirements of the facility.
Added at 15 Ok Reg 2520,
				  eff 6-25-98; Amended at 15 Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16
				  Ok Reg 2119, eff 6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-10 - Investigations and penalties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 1057,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2520, eff 6-25-98; Revoked at 15
				  Ok Reg 4266, eff 8-20-98 (emergency); Revoked at 16 Ok Reg 2119, eff
				  6-25-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-10.1 - Violation points system [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4271, eff 8-2-98 (emergency) ; Added at
					 16 Ok Reg 2119, eff 6-25-99 ; Amended at 30 Ok Reg 813, eff
					 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-11 - Education

Current through Vol. 41, No. 20, July 1, 2024
(a) All operators of poultry feeding
				operations shall attend educational courses on poultry waste handling provided
				by the Oklahoma Cooperative Extension Service.
(b) All operators shall obtain an initial
				nine (9) hours of education in the first year and two hours of continuing
				education every year until the operator has received a total of nineteen (19)
				hours of training. Any operator may attend more hours than are required,
				however, those hours shall not be carried forward. Upon receiving the nineteen
				(19) required hours, the operator will graduate from the program but shall be
				required to receive two (2) hours of continuing education every three (3)
				years.
(c) The Oklahoma Cooperative
				Extension Service shall develop the educational training course to aid in
				certification.
(1) Curricula for the training
				course shall include the Oklahoma Cooperative Extension Service Waste
				Management Facts series and record books or their current equivalent.
(2) Courses for poultry waste management
				shall include the following topics:
(A)
				Environmental process relevant to protecting water quality in poultry
				production;
(B) Basic handling
				systems to manage poultry waste from all types of poultry operations;
(C) Nutrient management, including sampling
				procedures, application rate determination, equipment calibration, and record
				keeping systems;
(D) Relevant laws
				and rules applicable to poultry waste management in the State of Oklahoma;
				and
(E) Any other related subject
				as determined by Oklahoma Cooperative Extension Service in consultation with
				the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-12 - [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 19 Ok Reg
				  719, eff 1-29-02 through 7-14-02
				  (emergency)1
1This emergency action
				  reserving Section number 35:17-5-12 expired without being superseded by a
				  permanent action. [See also 19 Ok Reg 3091 for Editor's Notice related to
				  expiration date of this emergency action]
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-13 - [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 19 Ok Reg
				  719, eff 1-29-02 through 7-14-02
				  (emergency)1
1This emergency action
				  reserving Section number 35:17-5-13 expired without being superseded by a
				  permanent action. [See also 19 Ok Reg 3091 for Editor's Notice related to
				  expiration date of this emergency action]
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-14 - [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 19 Ok Reg
				  719, eff 1-29-02 through 7-14-02
				  (emergency)1
1This emergency action
				  reserving Section number 35:17-5-14 expired without being superseded by a
				  permanent action. [See also 19 Ok Reg 3091 for Editor's Notice related to
				  expiration date of this emergency action]
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 5 - Registered Poultry Feeding Operations › Section 35:17-5-15 - Floodplain restrictions [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 719,
				  eff 1-29-02 through 7-14-02
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. [See also 19 Ok Reg 3091 for
				  Editor's Notice related to expiration date of this emergency action.] Upon
				  expiration of an emergency action enacting a new Section, the Section is no
				  longer effective. Therefore, on 7-15-02 (after the 7-14-02 expiration of this
				  emergency action), Section 35:17-5-15 was no longer effective. For the official
				  text of the emergency rule that was effective from 1-29-02 through 7-14-02, see
				  19 Ok Reg 719.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules provide a mechanism for poultry waste applicators
				  to obtain an applicator's certificate issued by the State Board of Agriculture
				  pursuant to the Oklahoma Poultry Waste Applicators Certification Act found at
				  Section
				  10-9.16 et seq. of
				  Title 2 of the Oklahoma Statutes.
Added at 17 Ok Reg 2832,
				  eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in Section
				  10-9.1
				  of Title 2 of the Oklahoma Statutes, the following terms when used in this
				  subchapter shall have the following meaning unless the context clearly
				  indicates otherwise:
"Commercial poultry waste applicator"
means any
				  person who engages in commercial land application of more than ten (10) tons of
				  poultry waste per year. Any farmer while working for a neighbor in agricultural
				  production, and not advertising, nor holding themselves out to be in the
				  business of land applying poultry waste, shall not be classified as a
				  commercial poultry waste applicator, but as a private poultry waste
				  applicator.
"Discharge"
means any release by pumping,
				  pouring, emptying, or dumping of poultry waste directly or through a manmade
				  conveyance into waters of the State of Oklahoma.
"Private poultry waste applicator"
means any
				  person who is not a commercial poultry waste applicator but engages in the land
				  application of more than ten (10) tons of poultry waste per year for purposes
				  including, but not limited to, producing any agricultural commodity on property
				  owned or rented by the person or the person's employer, or if applied without
				  compensation other than trading of personal services between producers of
				  agricultural commodities, on the property of another person.
"Runoff"
means any release by leaking, escaping,
				  seeping, or leaching of poultry waste into waters of the
				  State.
Added at 17 Ok Reg 2832,
				  eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-3 - Commercial poultry waste applicator's certificate

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who acts, operates, conducts
				business, or advertises as a commercial poultry waste applicator shall obtain a
				valid applicator's certificate issued by the Board.
(b) All existing commercial poultry waste
				applicators shall apply for a commercial poultry waste applicator's certificate
				prior to January 1, 2001. All new commercial poultry waste applicators shall
				apply for a commercial poultry waste applicator's certificate prior to doing
				business or advertising in Oklahoma. Education requirements shall be completed
				within one year of obtaining the commercial poultry waste applicator's
				certificate.
(c) A certified
				commercial poultry waste applicator may allow employees and other applicators
				over which direct control is exercised by the applicator to land apply poultry
				waste without obtaining a commercial poultry waste applicators certificate so
				long as the following conditions exist:
(1)
				The land application is supervised by the certified commercial poultry waste
				applicator;
(2) The certified
				commercial poultry waste applicator is the responsible person for all aspects
				of the land application; and
(3)
				The certified commercial poultry waste applicator is responsible for ensuring
				employees and other applicators are properly trained regarding poultry waste
				handling and application.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-4 - Private poultry waste applicators certificate

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who land applies poultry waste
				as a private poultry waste applicator shall obtain a valid applicator's
				certificate issued by the Board.
(b) All new private poultry waste applicators
				shall apply for a private poultry waste applicator's certificate prior to land
				applying poultry waste in Oklahoma. Education requirements shall be completed
				within one year of obtaining the private poultry waste applicator's
				certificate.
(c) A certified
				private poultry waste applicator may allow employees and other applicators over
				which direct control is exercised by the certified private poultry waste
				applicator to land apply poultry waste without obtaining a private poultry
				waste applicators certificate so long as the following conditions exist:
(1) The land application is supervised by the
				certified private poultry waste applicator;
(2) The certified private poultry waste
				applicator is the responsible person for all aspects of the land application;
				and
(3) The certified private
				poultry waste applicator is responsible for ensuring employees and other
				applicators are properly trained regarding poultry waste handling and
				application.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-5 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2832, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-6 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2832, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-7 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2832, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-8 - Education requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				certified poultry waste applicators shall attend educational courses on poultry
				waste handling provided by Oklahoma Cooperative Extension Service.
(b) All poultry waste applicators shall
				obtain an initial nine (9) hours of education in the first year and two hours
				of continuing education every year until the applicator has received a total of
				nineteen (19) hours of training. Any applicator may attend more hours than are
				required, however, those hours shall not be carried forward. Upon receiving the
				nineteen (19) required hours, the applicator then shall be required to receive
				two (2) hours of continuing education every three (3) years.
(c) The Oklahoma Cooperative Extension
				Service shall develop the educational training course to aid in certification.
(1) Curricula for the training course shall
				include the Oklahoma Cooperative Extension Service Waste Management Facts
				series and record books or their current equivalent.
(2) Courses for poultry waste management
				shall include the following topics:
(A)
				Environmental process relevant to protecting water quality in poultry
				production;
(B) Basic handling
				systems to manage poultry waste from all types of poultry operations;
(C) Nutrient management, including
				sampling procedures, application rate determination, equipment calibration, and
				record keeping systems;
(D)
				Relevant laws and rules applicable to poultry waste management in the State of
				Oklahoma; and
(E) Any other related
				subject as determined by Oklahoma Cooperative Extension Service in consultation
				with the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-9 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2832, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-10 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 17 Ok Reg
				  2832, eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 7 - Poultry Waste Applicators Certification › Section 35:17-7-11 - Reciprocal agreement with state and federal agencies

Current through Vol. 41, No. 20, July 1, 2024
Reciprocal agreements which allow the federal government, any
				  state, any department, or agency to obtain a commercial or private poultry
				  waste applicators certificate shall assist in fulfilling the intent of the
				  Oklahoma Poultry Waste Applicators Certification Act.
Added at 17 Ok Reg 2832,
				  eff 7-13-00
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-1 - Purpose and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				subchapter applies to any person who owns or operates any compost facility
				using source materials within the Department's areas of environmental
				jurisdiction pursuant to 2 O.S. § 2-4(A)(16).
(b) These rules shall not apply to any
				compost facility:
(1) Located on a facility
				permitted or licensed as a concentrated animal feeding operation or a
				registered poultry feeding operation if any portion of the source materials is
				from the concentrated animal feeding operation or registered poultry feeding
				operation;
(2) Permitted or
				required to be permitted by the Oklahoma Department of Environmental Quality
				or
(3) Producing compost volume of
				fewer than two hundred (200) cubic yards annually if production does not create
				a public nuisance or impair local water quality standards.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Animal waste"
means animal excrement, animal
				  carcasses, feed wastes, process wastewaters or any other waste associated with
				  the confinement of animals from an animal feeding operation.
"Compost facility"
means a facility where source
				  material is converted, under thermophilic conditions, to a product with high
				  humus content for use as a soil amendment or to prevent or remediate pollutants
				  in soil, air, and storm water run off.
"Facility"
means all contiguous land and
				  structures, other appurtenances, and improvements on the land used for the
				  handling, processing, storage, or disposal of compost and source materials or
				  ingredients used in producing compost.
"Leachate"
means liquid that has passed through
				  or emerged from animal waste or materials being composted, and may contain
				  soluble, suspended, or mixable materials removed from the source
				  material.
"Operator"
means the owner and person
				  responsible for the management of each facility.
"Source material"
means material used as the
				  main organic source to be converted by the process into compost and may include
				  but not be limited to manure and other animal waste.
Added at 23 Ok Reg 876,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-4 - Siting of composting facility

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following factors shall be considered in the selection of a site for the
				facility:
(1) Prevailing wind direction and
				proximity to occupied residences;
(2) Topography of the facility location,
				including avoiding locating the facility on steep slopes or within the 100-year
				flood plain; or
(3) Ground and
				surface water protection.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-5 - No discharge; endangered and threatened species

Current through Vol. 41, No. 20, July 1, 2024
(a) There shall be no discharge of
				wastewater, leachate, contaminated storm water, animal waste, or other
				pollutant resulting from the operation of the facility to waters of the
				state.
(b) If, for any reason,
				there is a discharge, the owner or operator shall make immediate notification
				to the Department. The report of the discharge shall include:
(1) a description and cause of the discharge,
				including a description of the flow path to the receiving water body,
(2) an estimation of the flow rate and volume
				discharged,
(3) the period of
				discharge, including exact dates and times, and if not already corrected, the
				anticipated time the discharge is expected to continue,
(4) steps taken to reduce, eliminate and
				prevent recurrence of the discharge, and
(5) test results for fecal coliform bacteria,
				five-day biochemical oxygen demand (BOD5), total suspended solids (TSS),
				ammonia nitrogen, total Kjeldahl nitrogen (TKN), any pesticides which the
				operator has reason to believe could be in the discharge, or any other
				parameters required by the Department that the Department has reason to believe
				could be in the discharge.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-6 - Leachate and storm water control

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				owner or operator shall provide a total retention storage structure that is of
				sufficient size to contain all leachate and contaminated storm water, the 100
				year/24 hour storm event, and maintain one foot of free board.
(b) The owner or operator shall construct a
				permanent marker that identifies the levels of the 100 year/24 hour storm event
				volume, the one foot of free board, and the bottom of spillway.
(c) The owner or operator shall provide a
				drainage system for storm water that prevents erosion at the facility.
(d) The owner or operator shall
				prevent contact between uncontaminated storm water and source material,
				composting amendment, composting mix, and final product isolating the material
				from surface drainage through the use of covers, ditches, dikes, berms,
				terraces, or other control structures.
Added at 23 Ok Reg 876,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-7 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
The Department may inspect the compost facility at any
				  reasonable time.
Added at 23 Ok Reg 876,
				  eff 5-11-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-8 - Existing facilities

Current through Vol. 41, No. 20, July 1, 2024
(a) Any facility in
				existence on the effective date of these rules shall apply for a permit and
				comply with all operational requirements.
(b) Any facility in existence on the
				effective date of these rules shall comply with all structural requirements no
				later than May 11, 2016.
(c) In no
				case shall an existing facility discharge to waters of the state.
Added at 23 Ok Reg 876,
				  eff 5-11-06; Amended at 24 Ok Reg 1766, eff
				  6-25-07
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-9 - Closure of licensed compost facility retention structures

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner of a leachate retention
				structure shall notify the Department if the owner intends to permanently cease
				operations of the structure for any reason, including but not limited to,
				compliance with orders of the Board of Agriculture. A leachate retention
				structure that temporarily ceases operations but otherwise remains in full
				compliance with its license shall not be considered permanently
				closed.
(b) Closure requirements of
				leachate retention structures shall be based on site specific conditions, as
				follows:
(1) The owner shall notify the
				Department in writing whenever a leachate retention structure is abandoned or
				permanently ceases operations for any reason. The Department shall consider a
				leachate retention structure is abandoned or has permanently ceased operations
				if:
(A) The leachate retention structure is
				closed by order of the Department; or
(B) The owner is unable to furnish documents
				showing receipt of compost material into the leachate retention structure
				during the previous twenty-four (24) months and the owner is not maintaining
				the retention structure in compliance with the applicable rules or plans
				approved by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 9 - Agricultural Compost Facilities › Section 35:17-9-10 - Variances

Current through Vol. 41, No. 20, July 1, 2024
Variances from these rules shall only be granted on a case
				  by case basis and the granting of a variance shall not act as a precedent for
				  any other case, whether similar or not. In each case where a variance is
				  granted, the decision shall be thoroughly documented.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 11 - Eucha-Spavinaw Management Act › Section 35:17-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of these rules is to implement the provisions of
				  the Eucha-Spavinaw Management Act and these rules shall apply to all persons
				  utilizing poultry waste for land application purposes in the Eucha-Spavinaw
				  Watershed. In no case shall the provisions of these rules be construed to apply
				  to any persons applying poultry waste for land application purposes in any
				  watershed other than the Eucha-Spavinaw Watershed.
Added at 25 Ok Reg 69,
				  eff 9-1-07 (emergency); Added at 25 Ok Reg 1040, eff
				  7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 11 - Eucha-Spavinaw Management Act › Section 35:17-11-2 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 25 Ok Reg
				  69, eff 9-1-07 (emergency); Reserved at 25 Ok Reg 1040, eff
				  7-1-08