Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-7 - Animal waste programs

Current through Vol. 41, No. 20, July 1, 2024
(a) Compliance with
				antidegradation requirements and protection of beneficial uses.
(1) This area of jurisdiction includes the
				licensing or registering of CAFOs, LMFOs and poultry operations. These programs
				include land application of animal or poultry waste. Discharges of animal and
				poultry waste into waters of the State are statutorily prohibited. As a result,
				no discharge shall result from the operation of the facility. CAFOs and LMFOs
				may only discharge in the event of a 25 year/24 hour rainfall event and are
				required to construct the waste retention structures to contain the 25 year/24
				hour rainfall event ; except for new LMFO (swine), poultry and veal calves
				CAFOs, which are required to have waste management and storage facilities to
				contain all waste and runoff for 100 year/24 hour rainfall event. In addition,
				OAC
				35:17-3-14(b)(3)(C)
				allows a facility which has been properly designed, constructed, and operated
				and is in danger of an imminent overflow due to chronic or catastrophic
				rainfall to discharge wastewaters to land application sites for filtering prior
				to discharging to surface or groundwaters of the state.
(2) Beneficial uses that could potentially be
				impaired by improper land application, leakage from animal waste lagoons, or
				breach of a lagoon could impact both ground water and surface water. Beneficial
				uses that could be affected include, but are not limited to:
(1) Fish and Wildlife Propagation may be
				impaired by lack of DO due to nutrient loading.
(2) Public and Private Water Supplies may be
				impaired by fecal coliform, algae growth, and nutrient loading.
(3) Recreation may be impaired by
				pathogens.
(4) Aesthetics may be
				impacted by nutrient loading. All of these impairments could be caused by
				unauthorized discharges to waters of the state.
(3) Violations of the "no discharge" standard
				for CAFOs, LMFOs, and poultry feeding operations result in enforcement actions.
				These actions integrate corrective or remedial activities that can include
				clean-up activities and restoration activities. Remediation requirements are
				determined on a case-by-case basis. The Department shall assess and review all
				approved remediation requirements to provide technical standards for future
				remediations.
(4) Education
				programs are also required for all poultry waste applicators, operators of
				poultry feeding operations, and employees of LMFOs. Employees responsible for
				CAFO permit compliance must be annually trained or informed of any information
				pertinent to the proper operation and maintenance of the facility and waste
				disposal.
(5) OAC
				785:46-13-5
				provides that no new or increased point source discharges are allowed in water
				bodies and watersheds designated by the WQS as ORW or Scenic River. Waters that
				have been classified as HQW and SWS according to OAC
				785:45-5-25(c)
				(3) and (4) are prohibited from having any new point source discharge(s) of any
				pollutant or increased load or concentration of specified pollutants from
				existing point sources discharge(s), except as provided in the regulations.
				CAFOs are by definition point sources. In addition, all nonpoint sources shall
				implement best management practices in watersheds designated as ORW. However,
				if nonpoint sources are identified as significantly contributing to the
				degradation of a water bodydesignated as an ORW, conservation plans shall be
				developed in subwatersheds. Finally, LMFOs established after August 1, 1998
				applying for a new CAFO license or expansion after March 9, 1998 shall not be
				located within three (3) miles of any designated scenic river area or within
				one (1) mile of a water body designated as ORW.
(6) LMFO's that are located in
				nutrient-limited watersheds and or nutrient-vulnerable groundwaters as
				designated by the OWRB must meet current lagoon liner criteria according to
				Title 2, O.S. §
										20-12(H)(3),
				and meet land application nutrient loading rate requirements per OAC
				35:17-3-14(b)(4).
(7) Poultry feeding operations that are
				located in nutrient limited watersheds or nutrient vulnerable groundwaters as
				designated by OWRB shall meet soil and litter testing and litter application
				rate requirements per 2 O.S. §
										10-9.7(E).