SECTION 35:17-4-4. License application for new facilities or operations

(a)   In addition to the items required by the Oklahoma Concentrated Animal Feeding Operations Act, the application for a CAFO license of a new facility or an 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 animal 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 animal units and number and type of animals 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 CAFO operation 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 an animal 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.

(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.

(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)   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.

(13)   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.

(B)   Soil map showing soil types at the facility, waste retention structure, and all land application sites.

(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).

(14)   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 ASTMD 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.

(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.

(15)   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.

(16)   A Pollution Prevention Plan (PPP) which contains an Animal Waste Management Plan (AWMP), a carcass disposal plan, an erosion control plan, and Best Management Practices (BMPs).

(17)   A notarized sworn statement signed by the owner accepting full responsibility for properly closing all waste retention structures upon termination of the CAFO operation.

(18)   A financial statement declaring the financial ability of an owner to operate an animal 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.

(19)   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."

(20)   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 and any other information required by the Department directly related to the construction, installation, or future modification or operation of a CAFO.

(b)   All items listed in subpart (a) of this section shall be received by the Department before the application is considered complete. At the Department's discretion, no action will be taken on the application until all items have been received by the Department, including but not limited to presite inspections.

[Source: Added at 25 Ok Reg 1795, eff 7-1-08; Amended at 29 Ok Reg 912, eff 7-1-12; Amended at 35 Ok Reg 761, eff 9-14-18]