Current through Vol. 41, No. 13, March 15, 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).
(b) Application of USAP - In the event ODAFF
engages in surface water monitoring, USAP as adopted by OWRB will be consulted
to determine if beneficial uses have been impaired. All animal waste programs
require no discharges from facilities, therefore USAP is not applicable. Any
discharge will be a violation of the license and subject to enforcement action
and possible fines.
(c) Description
of programs affecting water quality.
(1) The
Agricultural Environmental Management Services (AEMS) Division of ODAFF is
responsible for the review of applications for animal feeding operations that
meet size and type requirements. The division also investigates complaints
received by the Department regarding animal waste issues that could affect
water quality.
(2) In December
2012, The EPA authorized ODAFF to perform NPDES permitting pursuant to the CWA.
ODAFF reviews NOIs for authorizations pursuant to a general permit and reviews
applications for individual permits. AgPDES activities include CAFOs,
pesticides, silviculture, and storm water at agricultural facilities.
(3) The animal waste program, pesticide
program, fertilizer program, and forestry management program can affect
groundwater and surface water beneficial uses if facilities are not designed
and operated properly. The application process is targeted at removing the
possible threat of pollution to the waters of the State by not allowing any
discharge to surface water, except in limited circumstances, by promoting
recycle and beneficial reuse of wastewater, by not permitting any hydrologic
connection between waste storage facility and groundwater, by preparing or
reviewing animal waste management plans, nutrient management plans, or
equivalent documents, emphasizing best management practices and conservation
measures, and by routine inspections of regulated CAFOs, LMFOs, and poultry
feeding operations.
(d)
Technical information and procedures for implementation.
(1) All programs are involved in regulating
the animal and poultry feeding operations to assure that facilities meet the
minimum requirements. The programs evaluate facility location, watershed,
soils, groundwater data, stream data, flood information, water samples, manure
and litter samples, and other pertinent information. The application process
evaluates the potential effects of the proposed operation on the waters of the
State to insure that both groundwater and surface water are not polluted.
Potential impacts on beneficial uses designated in water quality standards will
be further evaluated during the license application process to assist
elimination of the threat to nutrient vulnerable groundwaters and nutrient
impaired waters. Data collected from monitoring wells or soil test reports
submitted by regulated operations will be evaluated to assess the potential
impact on waters of the state. If noncompliance with operating requirements is
found, technical assistance or appropriate enforcement measures will be used to
bring regulated facilities into compliance with state laws and rules.
(2) The CAFO and poultry programs utilize a
number of databases, software programs and models for implementation. These
include: stream gage data from the U.S. Geological Survey; Microsoft Access
database and Microsoft Excel spreadsheet software for water quality data
information; ArcInfo and ArcView GIS , MapWindows+MMP Tool software data
analysis and mapping; precipitation and evaporation data from the National
Weather Service and Oklahoma Climatological Survey; maps and hydrologic
information from the U.S Geological Survey, Oklahoma Geological Survey, and
Oklahoma Water Resources Board; USDA NRCS Soil Surveys and Technical Standards;
OSU Oklahoma Cooperative Extension Service Fact Sheets; and other tools,
software, and other guidance related to manure management planning developed by
EPA, universities, and professional organizations , the MMP (Manure Management
Plan) developed by Purdue University. Models may be obtained or developed to
analyze information and data to assist in meeting WQS as necessary.
(e) Integration of WQSIP into
water quality management activities - ODAFF rules for these programs require
compliance with WQS pursuant to 2 O.S. §
20-10(B)
(4) (c) and
20-48(B)(4)(c)
ensure that watersheds and groundwater are adequately protected pursuant to
20-10 (B)(4)(h) and 20-48(B)(4)(f). Future changes in Water Quality Standards
may require additional rules and policies. Amendments will be made as
necessitated by those changes.
(f)
Compliance with mandated statewide water quality requirements - ODAFF will
comply with other statewide water quality requirements by participating in the
update of WQS, and in updates of the state's Continuing Planning Process
document, Integrated Report, water quality management plan and other planning
efforts. ODAFF will continue to participate in the Nonpoint Source Working
Group and will cooperate with the Oklahoma Conservation Commission and others
involved in NPS pollution prevention programs. ODAFF will participate in the
TMDL process as resources permit, and will make use of the Beneficial Use
Monitoring Program data compiled in cooperation with other state environmental
agencies to modify its water quality program as necessary.
(g) Public and interagency participation.
(1) ODAFF interacts with other environmental
agencies through the Water Quality Standards Implementation Advisory Committee.
The agencies review and comment on each agency's plan and consult with each
other as needed.
(2) Public
participation requirements of the Oklahoma Administrative Procedures Act are
followed in promulgating rules that integrate water quality standards into
these program areas.
(h)
Evaluation of effectiveness of agency activities.
(1) The effectiveness of these programs in
the protection of designated beneficial uses for designated stream segments
will be evaluated utilizing the following processes: review and integration of
CAFO monitoring well sampling, soil analysis, stream gage data from the U.S.
Geological Survey, U.S. Army Corps of Engineers, Oklahoma Conservation
Commission, and Oklahoma Water Resources Board, and all other available
data.
(2) The swine LMFO monitoring
well sampling and laboratory analysis project began in 2000. All LMFOs with
more than 1,000 swine animal units were required by Senate Bill 1175 of 1998
[Title 2 O.S. §
20-12(F)
] to install and maintain a leak detection system or sufficient monitoring
wells both upgradient and downgradient around the perimeter of each waste
retention structure. ODAFF is required by Title 2 O.S. §
20-12(F)
to sample and laboratory analyze the samples from the LMFO monitoring wells at
least annually. The LMFO monitoring well samples are required in Title 35,
Chapter 17, Subchapter 3 of the CAFO Permanent Rules [35:17-3-11.(6)(H)]
to be sampled and laboratory analyzed for electrical conductivity, pH,
ammonium-nitrogen, nitrate-nitrogen, total phosphorus and fecal coliform
bacteria. The information and data collected under this program is published in
a report annually by ODAFF.
(3)
Groundwater samples from other wells are also taken from LMFO facilities during
each annual inspection by ODAFF environmental specialists. These samples and
some surface water samples are analyzed in accordance with procedures and
protocol developed by ODAFF. Water well samples are also taken and analyzed on
a voluntary basis from residents located in the vicinity of animal feeding
operations. The latter sampling project has been in place since 1992.
(4) In the event groundwater problems are
identified, ODAFF will take steps to identify the sources of the problems. If
CAFOs or LMFOs are identified as the source, appropriate remediation activities
will be implemented.
Added at 18 Ok Reg 3409,
eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok
Reg 2332, eff 7-11-05; Amended at 25 Ok Reg 1820, eff
7-1-08