Current through Vol. 41, No. 13, March 15, 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.
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; Amended at 29 Ok Reg 903, eff
7-1-12