Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-22 - 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 swine feeding operation license. This system shall operate in addition to
				  penalties provided for in the Oklahoma Swine 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 swine feeding
				operation accrues a total of fifteen (15) or more points in any two (2) year
				time period, the license of the swine feeding operation shall be suspended,
				revoked, or not renewed by the Board.
(2) Points shall accrue based on violations
				of the Oklahoma Swine Feeding Operations Act and rules.
(A) Failure of any concentrated swine feeding
				operation to apply for a license when required by the provisions of the
				Oklahoma Swine Feeding Operations Act shall accrue three (3) to five (5)
				points.
(B) Failure to obtain a
				building permit prior to construction of an LMFO shall be a significant
				violation and accrue four (4) to five (5) points.
(C) Failure to obtain a license prior to
				operation of an LMFO shall accrue four (4) to five (5) points.
(D) Failure to obtain or renew education
				requirements for all employees of an LMFO whose duties include treatment,
				storage, or application of swine waste shall accrue two (2) to three (3)
				points.
(E) 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.
(F) 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.
(G) 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.
(H) Failure to provide full closure of a
				facility pursuant to a closure plan shall accrue three (3) to five (5)
				points.
(I) Failure by a swine
				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.
(J) Failure by a swine 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.
(K) Failure by
				a swine feeding operation to report a discharge shall accrue two (2) to four
				(4) points.
(L) Failure by a swine
				feeding operation to utilize or comply with a Swine 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.
(M) Failure by a swine feeding operation to
				utilize or comply with a Swine 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.
(N) Failure by
				a swine feeding operation to follow a carcass disposal plan shall accrue one
				(1) to three (3) points.
(O)
				Failure by a swine feeding operation to follow a erosion control plan shall
				accrue one (1) to two (2) points.
(P) Failure by an LMFO to utilize and comply
				with an Odor Abatement Plan shall accrue one (1) to four (4) points.
(Q) Failure by an LMFO to establishment or
				maintain groundwater monitoring wells or a leak detection system shall accrue
				four (4) to five (5) points.
(R)
				Failure of any LMFO to annually evaluate a site for liner integrity shall
				accrue two (2) to three (3) points.
(S) Failure of any LMFO to pay swine animal
				unit fees in a timely fashion shall accrue three (3) to five (5)
				points.
(T) 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.
(U) 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.
(V) 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.