Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-6 - License application for new facilities or expanding operations

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the items required by the
				Oklahoma Swine Feeding Operations Act, the application for a swine feeding
				operation license of a new facility or an expanding operation shall contain, as
				a minimum, the following information:
(1)
				Name and address of the owner of the facility.
(2) Name and address of the swine feeding
				operation, including driving directions from the nearest municipality and legal
				description of the facility.
(3)
				Name and address of the operator if other than the owner.
(4) Capacity in swine animal units and number
				and type of swine housed or confined.
(5) If owner is a firm, partnership,
				corporation, or other legal entity, the name and address of each member with an
				ownership interest of ten percent (10%) or more.
(6) If owner is a corporation, the name and
				address of the corporation and the name and address of each officer and
				registered agent of the corporation.
(7) Environmental history of the past three
				(3) years of any swine feeding operation or CAFO established or operated by the
				owner or any other operation with common ownership in Oklahoma or any other
				state, including all citations, administrative orders or penalties, civil
				injunctions or other civil actions, and criminal actions, past, current, and
				ongoing, taken by any person, agency, or court relating to noncompliance with
				any environmental law, rule, agency order, or court action in conjunction with
				the operation of a swine feeding operation.
(8) List of all environmental awards or
				citations received or pollution prevention or voluntary remediation efforts
				undertaken by the owner.
(9) Copy
				of deed, contract to purchase, or option to purchase the proposed site of the
				facility, waste retention structures, and land application sites. If land
				application sites are not owned by the applicant, provide a notarized signed
				copy of spreading or effluent agreement.
(10) A map of all property owners within one
				(1) mile of the facility and waste retention structures and a corresponding
				mailing list. Applications for LMFOs with more than two thousand (2,000) swine
				animal units shall include a map of all property owners within two (2) miles of
				the facility and waste retention structures and a corresponding mailing
				list.
(11) A plat showing:
(A) Location of the facility, waste retention
				structures, and all land application sites.
(B) Location and distance of all occupied
				residences within one (1) mile of the facility and waste retention structures.
				The distances shall be measured from the nearest point of the waste retention
				structure to the nearest point of the occupied residence. Applications for
				LMFOs with more than two thousand (2,000) swine animal units shall include the
				location and distance of all occupied residences within two (2) miles of the
				facility and waste retention structures.
(C) Location and distance of all occupied
				residences within six-hundred (600) feet of any land application site. The
				distances shall be measured from the nearest point of the land application site
				to the nearest point of the occupied residence.
(D) Location and distance of all existing
				public or private drinking water wells within four-hundred (400) feet of any
				land application site. The distance shall be measured from the nearest point of
				the land application site to the nearest point of the drinking water
				well.
(E) All open roads
				surrounding the facility and all land application sites.
(12) All LMFOs shall submit an affidavit
				certifying compliance with applicable setbacks found in Sections
				20-19
				and
				20-21
				of Title 2 of the Oklahoma Statutes.
(13) If applicable, a copy of the written
				waiver by a property owner, municipality, or governing body releasing specified
				setback requirements as provided by the Act.
(14) To assist the Department, applications
				for LMFOs shall include an introductory narrative summary describing the
				facility and operation. The description shall include the following general
				information:
(A) Both narrative and legal
				location of the facility, including driving directions.
(B) The type of operation, including whether
				a BGF, nursery, finisher, or other type.
(C) The type and number of swine planned for
				the facility.
(D) The planned swine
				waste management system and structures.
(E) A general narrative description of
				planned swine growth and movement activities.
(F) Other general information the owner
				believes to be helpful to the Department in beginning review of the
				application.
(15)
				Characterization of the physical and environmental setup of the facility,
				including but not limited to the following:
(A) Description of topography using a current
				USGS 7.5 minute topographic map highlighting the location of waters of the
				state within three (3) miles of the facility, waste retention structures and
				all land application sites, an outline of the watershed drainage area, and
				arrows indicating general direction of surface water drainage from the
				facility, waste retention sites, and land application sites. Applications for
				LMFOs shall indicate all manmade terracing and other changes to the topography
				of the site.
(B) Soil map showing
				soil types at the facility, waste retention structure, and all land application
				sites. Applications for LMFOs shall provide a description of soil resources
				including soil survey information of the licensed area containing the
				following:
(i) A map delineating different
				soil types on a scaled serial photograph.
(ii) Location of all soil sampling
				sites.
(iii) Soil description of
				all soils used for land application pursuant to USDA description.
(iv) An assessment of suitability of the soil
				for land application purposes. The assessment shall be certified by a
				Professional Engineer registered in the State of Oklahoma.
(C) 100 year flood plain map, if applicable.
				In no event shall a waste storage structure be located within the 100 year
				flood plain as established by the Federal Emergency Management Agency
				(FEMA).
(D) Applications for LMFOs
				shall provide a description of existing land uses and land use classification
				pursuant to local law or ordinance, if any, of the proposed license area and
				adjacent areas. The burden shall be upon the owner to comply with local and use
				law and ordinances.
(E)
				Applications for LMFOs shall provide a description of geologic information,
				including at a minimum:
(i) The geology of the
				proposed license area down to and including the first aquifer, but not more
				than one hundred (100) feet below the bottom of the waste retention structure.
(ii) Geological information based
				on published geological literature and subsurface investigation otherwise
				required for the license application, including lithology from water wells on
				site and seismicity information. Geologic information may be provided by an
				agency review of the project performed by the Oklahoma Geological Survey and
				provided to the Department with the license application.
(F) Applications for LMFOs shall include a
				description of water resources, including the following:
(i) Quality of surface water resources.
(I) Identification of all surface waters of
				the state within a three (3) mile distance of the waste retention structure as
				identified on a current USGS 7.5 minute topographic map.
(II) Location, name, and description of all
				surface water bodies identified in (I) including streams, lakes, discharges,
				and impoundments within the three (3) mile radius.
(III) Beneficial uses, limitations, and
				remarks of all listed streams in the drainage area of the facility as listed in
				Appendix A of Chapter 45 of Title 785 of the Oklahoma Administrative
				Code.
(ii) Quality of
				groundwater resources.
(I) An inventory of all
				existing and abandoned wells, springs, and known or reasonably discoverable
				test holes.
(II) Groundwater
				description shall include a measurement of seasonal static water levels,
				direction of flow, and delineation of recharge areas pursuant to the Oklahoma
				Water Resources Board or other agency's data.
(III) Baseline sampling for ground waters
				accessible at the facility shall include electrical conductivity, pH,
				ammonium-nitrogen, nitrate-nitrogen, total phosphorus, and fecal coliform
				bacteria.
(G)
				Applications for LMFOs shall include a description of the climatological
				factors that are representative of the proposed license area and adjacent areas
				as available from published sources, including average seasonal precipitation,
				average direction and velocity of prevailing winds, seasonal temperature
				changes, average evaporation rate, and other information requested by the
				Department.
(H) Applications for
				LMFOs shall include a map delineating existing vegetation types and a
				description of the plant communities within the proposed permit area and
				adjacent areas pursuant to information available from the Oklahoma Biological
				Survey.
(I) Applications for LMFOs
				shall include a description of fish and wildlife resources information for the
				license area and adjacent areas. The scope and level of detail to be provided
				may be expanded by the Department in consultation with State and Federal
				agencies with responsibility for fish and wildlife propagation. Site specific
				information necessary to address the respective species shall be required when
				the license area or adjacent areas are likely to include endangered or
				threatened species of plants or animals or their critical habitat.
(J) Applications for LMFOs shall include an
				identification and description of cultural and historical resources listed on
				the National Register and known archeological features as found in the Oklahoma
				Archeological Survey and Oklahoma State Historic Preservation Society of those
				located within the proposed license area.
(16) Report from an independent soil testing
				laboratory containing the following:
(A) Site
				map showing the location of all soil borings in relation to the facility and
				waste retention structure.
(i) The test boring
				shall be in the immediate vicinity of the proposed waste retention structure.
(ii) Bore holes shall be left open
				for a minimum of 48 hours for the groundwater to recover.
(iii) All bore holes shall be plugged
				according to Oklahoma Water Resources Board requirements.
(B) Soil tests per ASTM standards on all
				soils to be used in construction of the liner, with the following procedures
				and results reported:
(i) Grain size particle
				distribution analysis according to ASTM standards.
(ii) A standard Proctor compaction test based
				on ASTM D 698 procedure.
(iii)
				Perform Atterberg limits test per ASTM standards (ASTM D 4318).
(iv) Permeability tests on remolded samples
				compacted at ninety-five percent (95%) of standard Proctor maximum dry density
				at optimum moisture content conducted in accordance with ASTM D 5084 for the
				measurement of Hydraulic Conductivity of Saturated Porous Materials using a
				Flexible Wall Permeameter.
(v)
				Laboratory tests of representative samples presented in summary tables and on
				boring logs.
(vi) Applications for
				LMFOs shall include the basis for estimating available volume of soil
				(ft3) to be used in the soil liner. Estimated values
				shall be verified in the field during construction.
(C) Provide a soil boring log showing
				lithology, the above test results, and the classification of soils based on the
				Unified Soil Classification system.
(D) USDA Natural Resources Conservation
				Service (NRCS) soil testing standards and procedures shall only be substituted
				if the retention structure is designed by USDA NRCS Engineers.
(E) Where required by the Oklahoma Water
				Resources Board, all applications for LMFOs shall include a copy of a properly
				prepared Multi-Purpose Completion Form as submitted to the Oklahoma Water
				Resources Board for all soils investigation.
(17) All applications for LMFOs shall provide
				documentation relating to and verifying that a minimum ten (10) foot separation
				exists between the bottom of each waste retention structure and the highest
				annual or seasonal level of groundwater elevation at the waste retention
				structure site based on all data available, including the perched water table
				and regional water table or aquifer. The perched water table shall include all
				local zones of saturation above the regional water table.
(A) Documentation of a ten (10) foot
				separation shall be established by submission of a soil log from a soil boring
				extending a minimum of ten (10) feet below the bottom of all waste retention
				structures to ascertain the presence of groundwater or bedrock.
(B) Documentation containing a statement from
				a Professional Engineer registered in the state of Oklahoma certifying
				existence of the ten (10) foot separation distance.
(18) Laboratory test reports showing the
				amount of Nitrogen as Nitrate and total Phosphorous contained in the following:
(A) Groundwater from all existing water wells
				located at the facility and land application sites.
(B) All surface water impoundments located at
				the facility and land application sites.
(C) Composite soil samples from each land
				application site. Applications for LMFOs shall, at a minimum, include analysis
				of soils for electrical conductivity, pH, nitrate-nitrogen, ammonium-nitrogen,
				organic matter, sodium, potassium, calcium, magnesium, available phosphorus,
				and total nitrogen. Additional parameters may be required upon request of the
				Department. A map showing the location of each soil sample shall be provided.
				All soil sampling at LMFOs shall be performed pursuant to one of the following
				procedures:
(i) Soil sampling shall be
				conducted using Oklahoma State University Fact Sheet #PT 97-37 and F-2207, or
				current equivalents.
(ii) A total
				of thirteen (13) soil samples shall be collected from each forty (40) acre land
				application area, one sample from each corner of a six hundred and sixty (660)
				foot or ten (10) acre grid, with one sample from the center of each grid. One
				single composite soil sample may be prepared for analysis if the proposed land
				application area is dominated by one soil type. Where land application is
				achieved by center pivot irrigation, only those grid points within the
				application area shall be sampled.
(19) A Pollution Prevention Plan (PPP) which
				contains a Swine Waste Management Plan, a carcass disposal plan, an erosion
				control plan, and Best Management Practices (BMPs). Applications for LMFOs
				shall also include an Odor Abatement Plan (OAP), a Pest Management Plan (PMP),
				and any other plan required by the Department.
(20) A notarized sworn statement signed by
				the owner accepting full responsibility for properly closing all waste
				retention structures upon termination of the swine feeding operation.
(21) All applications for LMFOs shall include
				a closure plan pursuant to OAR
				35:17-3-25.
(22) A financial statement declaring the
				financial ability of an owner to operate a swine feeding operation with a
				liquid waste management system in order to comply with the surety requirements
				of the Act. The financial statement shall be confidential and shall not be
				opened to public inspection.
(23) A
				notarized certification signed by the person applying for a license, which
				states: "I certify under penalty of law this document and all attachments were
				prepared under my direction or supervision in accordance with a system designed
				to assure qualified personnel properly gathered and evaluated the information
				submitted. Based on my inquiry of the persons who manage the system, or those
				persons directly responsible for gathering the information, the information
				submitted is, to the best of my knowledge and belief, true, accurate, and
				complete. I am aware there are significant penalties for knowingly submitting
				false, inaccurate, or incomplete information, including the possibility of
				fines for each violation."
(24) All
				documentation deemed necessary and requested by the Oklahoma Department of
				Agriculture, Food, and Forestry to assure the quality of waters of the state
				are not compromised, including waste retention structure liner specifications
				and design plans providing a minimum of a ten (10) foot separation between the
				bottom of each liquid waste retention structure and the highest annual or
				seasonal elevation of groundwater for LMFOs and any other information required
				by the Department directly related to the construction, installation, or future
				modification or operation of a swine feeding operation.