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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
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Chapter 17. Water Quality |
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Subchapter 4. Concentrated Animal Feeding Operations |
SECTION 35:17-4-21. Closure of animal waste retention structures
Latest version.
- (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.(c) All future changes or modifications to the closure plan shall be approved by the Department.(d) A post closure monitoring program shall be conducted for a period of at least three (3) years.(e) A certificate of post closure performance shall be submitted to the Department at the end of the post closure period. The certificate shall be signed by the owner and by a Professional Engineer registered in the State of Oklahoma, indicating that all waste retention structures were maintained and monitored in accordance with the approved closure plan.(f) Closure requirements of waste retention structures shall be based on site specific conditions, as follows:(1) The Department shall be notified in writing whenever a animal waste retention structure becomes permanently inactive, is abandoned, or operation of the structure ceases permanently for any reason. Any animal waste retention structure shall be considered by the Department to havebecome permanently inactive or to have ceased operations permanently in the following circumstances:(A) The facility is closed by the Department because of repeated violations which result in the filing of a Board order to cease operations.(B) The owner is unable to furnish documentation to show that there has been receipt of animal waste into the retention structure during the previous twenty-four (24) months and the owner is not maintaining the retention structure in consistent compliance with the applicable rules and the Department approved plans.(2) Upon the owner's determination that a animal waste retention structure has become permanently inactive or has permanently ceased operation pursuant subpart (f)(1)(B) above, the owner shall notify the Department in writing within ninety (90) calendar days thereafter of the intention to close waste retention structure. Closure of retention structures shall commence within six (6) months of the date of notice to the Department of the intention to close and be completed within two (2) subsequent growing seasons. Closure shall be in accordance with a closure plan approved by the Department. Any extension of time for closure shall be requested in writing by the owner and approved by the Department. A legal change other than a transfer of the owner of any animal waste retention structure shall not extend the time limit for closure.(3) Liquid contents of a waste retention structure may be pumped out and land applied according to Department rules.(4) Solids from the waste retention structure shall be removed and disposed of in an environmentally safe manner.(5) Sludge from the bottom of the waste retention structure shall be removed without compromising the integrity of the liner. Sludge may be land applied according to Department rules.(6) The owner shall grid sample soil from the bottom of the waste retention structure and, at the owner's election, shall either:(A) have the samples analyzed in a State certified laboratory for nitrate-nitrogen and electrical conductance; or(B) analyze samples in the field for nitrate-nitrogen and electrical conductance using field leaching procedures and a test kit, with laboratory confirmation by sending one sample per every twenty (20) samples to a laboratory for analysis.(7) The owner shall develop a plan, subject to Department approval, regarding soil removal, if necessary, based on the grid sample data.(8) If soil is to be removed from the bottom of a waste retention structure, it shall be managed in an environmentally safe manner approved by the Department. Management options may include, but are not limited to, land application, disposal, and reuse.(9) The Department may require monitoring wells if evidence indicates that contamination has migrated to the groundwater based on site specific conditions.(10) Exemption from closure and transfer of responsibility for any animal waste retention structure to any other party shall be requested in writing for approval by the Department.