reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-7 - Notice requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Individual
				notice to all affected property owners shall be documented. Proof of notice
				shall include a sample letter and a certificate of mailing corresponding to the
				names on the mailing list provided with the swine feeding operation license
				application. The certificate of mailing shall be verified by the owner and
				include a U.S. Post Office certified mailing number and the name and address of
				each affected property owner. U.S. Post Office stamped certified mail receipts,
				letters returned as undeliverable or refused, and domestic return receipts
				evidencing receipt of the notice shall be kept on file by the owner and
				provided to the Department upon request. Notice shall provide the following
				information:
(1) An application for a swine
				feeding operation has been submitted to the Department.
(2) The legal location and name of the
				proposed or expanding facility.
(3)
				The opportunity to send written comments to the Oklahoma Department of
				Agriculture, Food, and Forestry, P.O. Box 528804, Oklahoma City, OK
				73152-8804.
(4) A twenty (20)
				working day public review period shall begin no earlier than the day following
				the certified mailing of all required individual notices. In the event a
				hearing is requested, the application shall be available for public review
				until the date of the hearing.
(5)
				The opportunity to request a hearing within twenty (20) working days from the
				date the application is first available for public viewing. Notice as required
				by this rule shall include the following language: "A hearing must be
				requested, in writing, within twenty (20) working days of the availability of
				this application for public review, or your right to the hearing is waived. Do
				not rely on the request of another party to insure a hearing. A hearing
				requested by another party may be dismissed without your permission if you have
				not personally filed a request for a hearing with the Department of
				Agriculture."
(6) Individual notice
				shall occur to all affected property owners, regardless of state residency or
				property location.
(7) Notice shall
				be given to the applicable tribal chairperson, where ascertainable, and to the
				United States Bureau of Indian Affairs (USBIA) when tribally owned land or
				former reservation land is within one (1) mile of the facility, or within two
				(2) miles of an LMFO with more than two thousand (2,000) animal
				units.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-8 - Application for license renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application for renewal shall be submitted prior to July 1 of each year the
				license is to be renewed.
(b) Any
				license for which a renewal application is received prior to the renewal date
				established by statute is considered to be valid until a final determination is
				made. The determination shall be made after a review by the Department.
(1) Renewals meeting the requirements shall
				be reissued a license unless sufficent cause to terminate or revoke the license
				is shown. If corrections of the renewal application are required, the owner
				shall have twenty (20) working days from the date of notification to make all
				necessary revisions.
(2) If
				corrections are not made within twenty (20) working days, the license may be
				referred to the Board for denial. Applications shall be considered to meet the
				requirements for renewal if:
(A) The
				application is filled out completely and accurately.
(B) The correct renewal fee is paid within
				the time specified.
(C) All plans
				and amended plans for the swine feeding operation are being followed.
(D) The Department determines that there have
				been no significant changes in the operation since the last renewal which would
				require that the license be denied due to failure of the facility to meet the
				requirements of the Act.
(3) In addition to the renewal fee
				established by Section
				20-16(B)
				of Title 2 of the Oklahoma Statutes, each owner of an LMFO shall also be
				required to pay eighty cents ($0.80) per licensed swine animal unit.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-9 - Issuance or expansion of license; hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) For new, previously unlicensed, or
				expansion applications for a swine feeding operation license, a maximum of
				sixty (60) working days from the date the application is received by the
				Department is allocated for investigation, evaluation, and review for
				completeness of application. For good cause, the Department may take an
				additional thirty (30) working days to review the application. Good cause shall
				include but not be limited to a heavier than normal receipt of applications by
				the Department. The Department shall:
(1)
				Evaluate applications for administrative and technical completeness and when
				necessary, request changes, revisions, corrections, or supplemental
				submissions. Any request made by the Department shall cause a new sixty (60)
				working day period to begin following receipt of the requested additional
				information.
(2) Evaluate
				individual and public notices related to new applications for accuracy and
				completeness of content, compliance with procedural requirements, and require
				that omissions or inaccuracies be cured.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-10 - Transfer of license

Current through Vol. 41, No. 20, July 1, 2024
In addition to the provisions of the Act, transfer of a
				  license to a new owner or lessee shall meet the following conditions:
(1) Upon approval of the transfer of a
				license, the transferee shall provide to the Department within thirty (30)
				calendar days, a notarized statement and other proof of transfer of ownership
				or occupancy as the Department requires.
(2) All required transfer application
				documents shall be completed and submitted to the Department within ninety (90)
				calendar days of approval by the Department of transfer of a license or actual
				transfer of a licensed operation, whichever is sooner.
(3) If a transfer is denied by the
				Department, the transferee may, within thirty (30) calendar days after
				receiving notification of the denial, request in writing a hearing to review
				the denial of the transfer. In addition to the items which are considered at
				the hearing, the ALJ may also hear evidence and witnesses on the issue of
				whether a substantial change of condition has occurred since the issuance of
				the original license and whether the changes should result in a denial of the
				transfer of the license.
Added at 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff
				  6-11-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-11 - Pollution Prevention Plan (PPP)

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Prior to the submission of a CAFO license application or modification, each
				facility shall develop or update a Pollution Prevention Plan (PPP) according to
				the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant to the
				Act.
(b) The PPP shall include
				provisions for documentation of structural controls, documentation of operating
				Best Management Practices (BMPs), a Swine Waste Management Plan, a carcass
				disposal plan for normal and emergency disposal of carcasses, and record
				keeping provisions.
(c) The
				following forms and records shall be maintained by the CAFO for each PPP:
(1) wastewater measurements;
(2) precipitation measurements;
(3) spill reporting forms;
(4) discharge reporting forms;
(5) inspection and maintenance records;
(6) annual inspection records;
(7) preventive maintenance
				records;
(8) employee annual
				education records (for LMFO's);
(9)
				records of manure or wastewater sold or transferred (if applicable);
(10) records of land application of solid
				manure (if applicable);
(11)
				records of land application of liquid manure (if applicable);
(12) records of land application of compost
				from mortalities (if applicable)
(13) mortality management records;
				and
(14) other site specific
				information requested by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-12

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 102,
				  eff 10-13-97 through 7-14-98 (emergency); Added at 15 Ok Reg 4247, eff 9-2-98
				  (emergency); Added at 16 Ok Reg 1717, eff 6-11-99; Amended 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 3 - Swine Feeding Operations › Section 35:17-3-13 - Criteria for liners

Current through Vol. 41, No. 20, July 1, 2024
(a) Soil liners
				shall be constructed to meet the following minimum requirements:
(1) Constructed in lifts or layers no more
				than six (6) inches thick when compacted.
(A)
				Soils used in the liner shall be free of foreign material, including trash,
				brush, and fallen trees.
(B) All
				side slopes and the floor of the retention structures shall be checked after
				each lift to ensure proper compaction and moisture content. All readings shall
				be recorded and properly documented. Minimum information required for
				documentation shall include:
(i) Project
				name.
(ii) Date.
(iii) Test method used per ASTM
				specification.
(iv) Site name.
(v) Technician name.
(vi) Location of reading, include sketch.
(vii) Percent compaction.
(viii) Wet density in pounds per
				cubic foot (pcf).
(ix) Dry density
				in pounds per cubic foot (pcf).
(x)
				Moisture content, percent.
(xi)
				Lift number.
(xii) Soils lab name,
				report number, and Proctor Test results used to obtain field
				measurements.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-15 - Odor Abatement Plans (OAPs)

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				Odor Abatement Plan (OAP) shall be prepared for each LMFO and submitted as a
				part of the license application. Odor reducing facilities shall be designed,
				constructed; and managed so as to minimize adverse impacts on neighboring
				citizens.
(b) The OAP shall include
				specific methods of odor reduction which shall be tailored to each LMFO and
				created to address each cause of odor listed in (c).
(c) The OAP shall address all methods used
				for reducing odors in relationship to swine maintenance, waste storage, land
				application, and carcass disposal.
(d) The owner shall examine the OAP at least
				annually to evaluate the effectiveness of the plan, modify for changed
				conditions at the facility, and determine if economically feasible
				technological advances are available and appropriate for the LMFO.
(e) The Department shall approve the OAP on a
				case by case basis taking into account site specific conditions which may
				impact the plan. The Department shall document reasons for disapproval of an
				OAP.
Added at 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff 6-1-99;
				  Amended at 19 Ok Reg 185, eff 10-8-01 through 7-14-02
				  (emergency)12; Amended at
				  25 Ok Reg 1795, eff 7-1-08
1On 1-25-02, amendments to
					 subsections (c) and (d) in this 10-8-01 emergency action, as well as new
					 language in subsection (g) [which was renumbered editorially to (e) before
					 being published in the Register, to avoid a gap in numbering] were declared
					 "void, unenforceable and of no force or effect" by the Oklahoma County District
					 Court. [See Oklahoma Pork Council, Inc. v. Oklahoma Department of Agriculture,
					 Case No. CJ-2001-8605, 1-25-02, Judge Bryan C. Dixon, District Court of
					 Oklahoma County]
2This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 amendatory action, the last effective permanent text is reinstated. Therefore,
					 on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of
					 35:17-3-15 reverted back to the permanent text that became effective 6-1-99, as
					 was last published in the 2001 Edition of the OAC, and remained as such until
					 amended again by permanent action on
					 7-1-08.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-16 - Pest Management Plans (PMPs)

Current through Vol. 41, No. 20, July 1, 2024
(a)
				A Pest Management Plan (PMP) shall be prepared for each LMFO and submitted as a
				part of the CAFO license application.
(b) The PMP shall provide specific methods
				for preventing pests, including but not limited to flies, rodents, and
				coyotes.
(c) The owner shall
				examine the PMP at least annually to evaluate the effectiveness of the plan,
				modify for changed conditions at the facility, and determine if economically
				feasible technological advances are available and appropriate for the
				LMFO.
(d) The Department shall
				approve the PMP on a case by case basis taking into account site specific
				conditions which may impact the plan. The Department shall document reasons for
				disapproval of a PMP.
(e) The PMP
				shall include physical, structural, and chemical controls to minimize the
				population of flies, insects, rodents, and other pests.
Added at 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff
				  6-11-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-17 - Carcass disposal

Current through Vol. 41, No. 20, July 1, 2024
(a) Dead swine
				shall be disposed of in accordance with a carcass disposal plan developed by
				the owner and approved by the Department which shall decrease the possibility
				of the spread of disease, reduce odors, and preclude contamination of ground
				and surface waters of the state. Dead swine shall be disposed of properly and
				in an environmentally safe manner in accordance with Federal, State, and local
				requirements. At all times the facility shall comply with the provisions of an
				approved carcass disposal plan.
(b)
				The plan shall include provisions for the disposal of carcasses associated with
				normal mortality and shall include provisions for emergency disposal when a
				major disease outbreak or other emergency results in deaths significantly
				higher than normal mortality rates.
(c) Accepted methods of carcass disposal
				include the following:
(1) Rendering.
(A) The owner shall obtain a contract with a
				rendering service that insures disposal of all carcasses within a reasonable
				period of time. The name, address, and telephone number of the rendering
				service shall be provided. In addition, the frequency and schedule of carcass
				pickup shall be included.
(B)
				Storage facilities shall be sealed or have lids and maintained so as to prevent
				pests and odors in accordance with a Department approved OAP and PMP.
(C) Sealed storage facilities shall not be
				required for animals weighing 300 pounds or more, but the prevention of pests
				and odors shall be addressed by a Department approved OAP and PMP.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-18 - Employee education and training

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Employees responsible for work activities which relate to compliance shall be
				regularly trained and informed of any information pertinent to the proper
				operation and maintenance of the facility and waste disposal. Employee training
				shall inform personnel at all levels of the general components and goals of the
				Pollution Prevention Plan. A log of employee training shall be maintained at
				the site. Training shall include but not be limited to the following topics:
(1) Proper operation and maintenance of waste
				retention structures, including proper water level maintenance.
(2) Land application of wastes, proper
				operation, and maintenance of the facility.
(3) Good housekeeping and material management
				practices.
(4) Necessary record
				keeping requirements.
(5) Spill
				response and clean up.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-19 - Owner inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner
				or the person named in the PPP as the individual responsible for drafting or
				implementing the plan shall be responsible for inspections and record
				keeping.
(b) Incidents including
				spills, discharges, and other information describing the pollution potential
				and quantity of the discharge shall be included in the records. Inspections and
				maintenance activities shall be documented and recorded.
(c) The authorized person named in the PPP
				shall require inspection of designated equipment and facility areas. Material
				handling areas shall be inspected for evidence of or the potential for
				pollutants entering the drainage system. A follow-up procedure shall be used to
				insure that appropriate action has been taken in response to the
				inspection.
(d) In addition to the
				Department annual inspection, a complete inspection of the facility shall be
				performed at least annually by the owner. A report documenting the findings of
				the inspection shall be prepared, which includes the operative status of the
				check valves system on applicable wells. The inspection shall be conducted by
				the authorized person named in the PPP to verify that the description of
				potential pollutant sources is accurate, the drainage map has been updated or
				otherwise modified to reflect current conditions and the controls outlined in
				the PPP to reduce pollutants are being implemented and are adequate.
(e) The Department may sample wells on or
				near the site.
(f) Records
				documenting significant observation made during the site inspection shall be
				retained as part of the Pollution Prevention Plan. Records of all inspections
				shall be maintained for a period of three (3) years.
Added at 15 Ok Reg 102, eff 10-13-97 (emergency) ; Added
					 at 15 Ok Reg 2508, eff 6-25-98 ; Amended at 15 Ok Reg 4247, eff 9-2-98
					 (emergency) ; Amended at 16 Ok Reg 1717, eff 6-11-99 ; 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 3 - Swine Feeding Operations › Section 35:17-3-20 - 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 swine waste
				management plan 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) Swine 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 swine 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 3 - Swine Feeding Operations › Section 35:17-3-21 - 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 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff
				  6-11-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-23 - 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 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff
				  6-11-99
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-24 - Biosecurity

Current through Vol. 41, No. 20, July 1, 2024
If direct contact with swine or swine quarters becomes
				  necessary, disease prevention measures outlined by the owner will be followed
				  by the inspector.
Added at 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff 6-11-99;
				  Amended 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 3 - Swine Feeding Operations › Section 35:17-3-25 - Closure of swine 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 3 - Swine Feeding Operations › Section 35:17-3-26 - 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 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff
				  6-25-98
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-27 - 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
				  Swine 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.
Reserved at 15 Ok Reg
				  102, eff 10-13-97 (emergency); Reserved at 15 Ok Reg 2508, eff 6-25-98; Amended
				  at 15 Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff
				  6-11-99; Amended 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 3 - Swine Feeding Operations › Section 35:17-3-28 - Codification [RESERVED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  102, eff 10-13-97 (emergency); Reserved at 15 Ok Reg 2508, eff
				  6-25-98
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-29 - 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 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff
				  6-25-98
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-30 - Commencement of construction

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				the request of an affected property owner, construction of a new or expanding
				operation shall not commence until an administrative hearing has been
				completed. Completion of an administrative hearing shall occur when the
				Administrative Law Judge submits final recommendations to the Oklahoma
				Department of Agriculture, Food, and Forestry and the State Board of
				Agriculture has approved or denied a requested license.
(b) If an administrative hearing is not
				requested by an affected property owner, construction shall commence upon the
				approval of a requested license by the State Board of Agriculture.
Added at 15 Ok Reg 1055,
				  eff 12-19-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15
				  Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff 6-11-99;
				  Amended 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 35:17-4-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules are for regulating animal feeding operations
				  pursuant to Section
				  20-40 et
				  seq. of Title 2 of the Oklahoma Statutes and known as the Oklahoma Concentrated
				  Animal Feeding Operations Act. These rules provide that all animal feeding
				  operations be conducted so as to protect the waters of the State of Oklahoma
				  from contamination. The rules applicable to the licensing process are designed
				  to provide harmony within agricultural production while providing protection to
				  the waters of the State of Oklahoma and to establish procedures for obtaining a
				  Concentrated Animal Feeding Operations (CAFO) license by establishing a
				  consistent application process, insuring public participation opportunities,
				  providing for uniform notice requirements, and establishing other relevant
				  requirements.
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 35:17-4-5 - Notice requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Individual
				notice to all affected property owners shall be documented. Proof of notice
				shall include a sample letter and a certificate of mailing corresponding to the
				names on the mailing list provided with the CAFO license application. The
				certificate of mailing shall be verified by the owner and include a U.S. Post
				Office certified mailing number and the name and address of each affected
				property owner. U.S. Post Office stamped certified mail receipts, letters
				returned as undeliverable or refused, and domestic return receipts evidencing
				receipt of the notice shall be kept on file by the owner and provided to the
				Department upon request. Notice shall provide the following information:
(1) An application for an animal feeding
				operation has been submitted to the Department.
(2) The legal location and name of the
				proposed facility.
(3) The
				opportunity to send written comments to the Oklahoma Department of Agriculture,
				Food, and Forestry, P.O. Box 528804, Oklahoma City, OK 73152-8804.
(4) A twenty (20) working day public review
				period shall begin no earlier than the day following the certified mailing of
				all required individual notices. In the event a hearing is requested, the
				application shall be available for public review until the date of the
				hearing.
(5) The opportunity to
				request a hearing within twenty (20) working days from the date the application
				is first available for public viewing. Notice as required by this rule shall
				include the following language: "A hearing must be requested, in writing,
				within twenty (20) working days of the availability of this application for
				public review, or your right to the hearing is waived. Do not rely on the
				request of another party to insure a hearing. A hearing requested by another
				party may be dismissed without your permission if you have not personally filed
				a request for a hearing with the Department of Agriculture."
(6) Individual notice shall occur to all
				affected property owners, regardless of state residency or property
				location.
(7) Notice shall be given
				to the applicable tribal chairperson, where ascertainable, and to the United
				States Bureau of Indian Affairs (USBIA) when tribally owned land or former
				reservation land is within one (1) mile of the facility.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-6 - Application for license renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application for renewal shall be submitted prior to July 1 of each year the
				license is to be renewed.
(b) Any
				license for which a renewal application is received prior to the renewal date
				established by statute is considered to be valid until a final determination is
				made. The determination shall be made after a review by the Department.
(1) Renewals meeting the requirements shall
				be reissued a license unless sufficent cause to terminate or revoke the license
				is shown. If corrections of the renewal application are required, the owner
				shall have twenty (20) working days from the date of notification to make all
				necessary revisions.
(2) If
				corrections are not made within twenty (20) working days, the license may be
				referred to the Board for denial. Applications shall be considered to meet the
				requirements for renewal if:
(A) The
				application is filled out completely and accurately.
(B) The correct renewal fee is paid within
				the time specified.
(C) All plans
				and amended plans for the animal feeding operation are being
				followed.
(D) The Department
				determines that there have been no significant changes in the operation since
				the last renewal which would require that the license be denied due to failure
				of the facility to meet the requirements of the Act.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-7 - Issuance or expansion of license; hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) For new, previously unlicensed, or
				expansion applications for a CAFO license, a maximum of sixty (60) working days
				from the date the application is received by the Department is allocated for
				investigation, evaluation, and review for completeness of application. For good
				cause, the Department may take an additional thirty (30) working days to review
				the application. Good cause shall include but not be limited to a heavier than
				normal receipt of applications by the Department. The Department shall:
(1) Evaluate applications for administrative
				and technical completeness and when necessary, request changes, revisions,
				corrections, or supplemental submissions. Any request made by the Department
				shall cause a new sixty (60) working day period to begin following receipt of
				the requested additional information.
(2) Evaluate individual and public notices
				related to new applications for accuracy and completeness of content,
				compliance with procedural requirements, and require that omissions or
				inaccuracies be cured.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-8 - Transfer of license

Current through Vol. 41, No. 20, July 1, 2024
In addition to the provisions of the Act, transfer of a
				  license to a new owner or lessee shall meet the following conditions:
(1) Upon approval of the transfer of a
				license, the transferee shall provide to the Department within thirty (30)
				calendar days, a notarized statement and other proof of transfer of ownership
				or occupancy as the Department requires;
(2) All required transfer application
				documents shall be completed and submitted to the Department within ninety (90)
				days of approval of transfer of a license or actual transfer of a licensed
				operation, whichever is sooner.
(3)
				If a transfer is denied by the Department, the transferee may, within thirty
				(30) calendar days after receiving notification of the denial, request in
				writing a hearing to review the denial of the transfer. In addition to the
				items which are considered at the hearing, the ALJ may also hear evidence and
				witnesses on the issue of whether a substantial change of condition has
				occurred since the issuance of the original license and whether the changes
				should result in a denial of the transfer of the license.
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 35:17-4-9 - Pollution Prevention Plan (PPP)

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Prior to the submission of a CAFO license application or modification, each
				facility shall develop or update a Pollution Prevention Plan (PPP) according to
				the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated
				pursuant to the Act.
(b) The PPP
				shall include provisions for documentation of structural controls,
				documentation of operating Best Management Practices (BMPs), an Animal Waste
				Management Plan (AWMP), a carcass disposal plan for normal and emergency
				disposal of carcasses, and record keeping provisions.
(c) The following forms and records shall be
				maintained by the CAFO for each PPP:
(1)
				wastewater measurements;
(2)
				precipitation measurements;
(3)
				spill reporting forms;
(4)
				discharge reporting forms;
(5)
				inspection and maintenance records;
(6) annual inspection records;
(7) preventive maintenance records;
(8) records of manure or wastewater sold or
				transferred (if applicable);
(9)
				records of land application of solid manure (if applicable);
(10) records of land application of liquid
				manure (if applicable);
(11)
				records of land application of compost from mortalities (if
				applicable)
(12) mortality
				management records; and
(13) other
				site specific information requested by the Department.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-11 - Criteria for liners

Current through Vol. 41, No. 20, July 1, 2024
(a) Soil liners
				shall be constructed to meet the following minimum requirements:
(1) Constructed in lifts or layers no more
				than six (6) inches thick when compacted.
(A)
				Soils used in the liner shall be free of foreign material, including trash,
				brush, and fallen trees.
(B) All
				side slopes and the floor of the retention structures shall be checked after
				each lift to ensure proper compaction and moisture content. All readings shall
				be recorded and properly documented. Minimum information required for
				documentation shall include:
(i) Project
				name.
(ii) Date.
(iii) Test method used per ASTM
				specification.
(iv) Site name.
(v) Technician name.
(vi) Location of reading, include sketch.
(vii) Percent compaction
(viii) Wet density in pounds per
				cubic foot (pcf).
(ix) Dry density
				in pounds per cubic foot (pcf).
(x)
				Moisture content, percent.
(xi)
				Lift number.
(xii) Soils lab name,
				report number, and Proctor Test results used to obtain field
				measurements.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-13 - Carcass disposal

Current through Vol. 41, No. 20, July 1, 2024
(a) Dead animals
				shall be disposed of in accordance with a carcass disposal plan developed by
				the owner and approved by the Department which shall decrease the possibility
				of the spread of disease, reduce odors, and preclude contamination of ground
				and surface waters of the state. Dead animals shall be disposed of properly and
				in an environmentally safe manner in accordance with Federal, State, and local
				requirements. At all times the facility shall comply with the provisions of an
				approved carcass disposal plan.
(b)
				The plan shall include provisions for the disposal of carcasses associated with
				normal mortality and shall include provisions for emergency disposal when a
				major disease outbreak or other emergency results in deaths significantly
				higher than normal mortality rates.
(c) Accepted methods of carcass disposal
				include the following:
(1) Rendering.
(A) The owner shall obtain a contract with a
				rendering service that insures disposal of all carcasses within a reasonable
				period of time. The name, address, and telephone number of the rendering
				service shall be provided. In addition, the frequency and schedule of carcass
				pickup shall be included.
(B)
				Storage facilities shall be sealed or have lids and maintained so as to prevent
				pests and odors.
(C) Sealed storage
				facilities shall not be required for animals weighing 300 pounds or more, but
				the prevention of pests and odors shall be addressed.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-14 - Employee education and training

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Employees responsible for work activities which relate to compliance shall be
				regularly trained and informed of any information pertinent to the proper
				operation and maintenance of the facility and waste disposal. Employee training
				shall inform personnel at all levels of the general components and goals of the
				Pollution Prevention Plan. Training shall include but not be limited to the
				following topics:
(1) Proper operation and
				maintenance of waste retention structures, including proper water level
				maintenance.
(2) Land application
				of wastes, proper operation, and maintenance of the facility.
(3) Good housekeeping and material management
				practices.
(4) Necessary record
				keeping requirements.
(5) Spill
				response and clean up.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 4 - Concentrated Animal Feeding Operations › Section 35:17-4-15 - Owner inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner
				or the person named in the PPP as the individual responsible for drafting or
				implementing the plan shall be responsible for inspections and record
				keeping.
(b) Incidents including
				spills, discharges, and other information describing the pollution potential
				and quantity of the discharge shall be included in the records. Inspections and
				maintenance activities shall be documented and recorded. These records shall be
				kept on site for a minimum of three (3) years.
(c) The authorized person named in the PPP
				shall require inspection of designated equipment and facility areas. Material
				handling areas shall be inspected for evidence of or the potential for
				pollutants entering the drainage system. A follow-up procedure shall be used to
				insure that appropriate action has been taken in response to the
				inspection.
(d) In addition to the
				Department annual inspection, a complete inspection of the facility shall be
				performed at least annually by the owner. A report documenting the findings of
				the inspection shall be prepared, which includes the operative status of the
				check valves system on applicable wells. The inspection shall be conducted by
				the authorized person named in the PPP to verify that the description of
				potential pollutant sources is accurate, the drainage map has been updated or
				otherwise modified to reflect current conditions and the controls outlined in
				the PPP to reduce pollutants are being implemented and are adequate.
(e) The Department may sample wells on or
				near the site.
(f) Records
				documenting significant observation made during the site inspection shall be
				retained as part of the Pollution Prevention Plan. Records of all inspections
				shall be maintained for a period of three (3) years.
Added at 25 Ok Reg 1795,
				  eff 7-1-08