SECTION 35:17-4-9. Pollution Prevention Plan (PPP)

(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.

(d)   The Plan shall identify an individual who is responsible for implementing, maintaining, and revising the PPP.

(e)   Equivalent measures contained in a site specific AWMP prepared by the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) may be substituted for the appropriate PPP requirements. An AWMP developed by USDA NRCS can be substituted for the documentation of land application rate calculations.

(f)   With Department approval, the owner shall amend the PPP prior to any change in design, construction, operation, or maintenance, which has significant effect on the potential for the discharge of pollutants to the surface or groundwaters of the State.

(g)   The owner shall implement appropriate changes to the Plan within ninety (90) calendar days of notification that the plan does not meet one or more specified minimum requirements unless otherwise provided by the Department. If notice of changes is not received by the Department within the prescribed ninety (90) calendar days, the application shall be denied.

(h)   In addition to the requirements of the Act, the PPP shall include:

(1)   A list of materials that are used, stored, or disposed of at the facility which may cause pollution. A contingency plan for releases of potential pollutants shall also be included. The PPP shall contain a log of any pollutant releases and clean up of those materials. Documentation of releases shall include any corrective action taken to prevent recurrence.

(2)   Testing of groundwater, Nitrogen as Nitrate, total Phosphorous, and fecal coliform bacteria levels shall be performed by an Oklahoma Department of Environmental Quality certified independent testing laboratory at least annually. All testing shall establish a management record, with all costs paid by the owner.

(3)   Soil tests from land application sites shall be performed by an Oklahoma Department of Environmental Quality certified testing laboratory or State operated laboratory at least annually. All testing shall establish a management record, with all costs paid by the owner.

(4)   Sufficient testing of wastewater in waste storage facilities shall be required at least every three (3) years and performed by a qualified independent testing laboratory. Testing may be required more frequently at an individual facility at the Department's request. Additional parameters may be required upon request of the Department.

(5)   A description of management controls appropriate for the facility. The owner initiates these controls. The appropriateness and priorities of any controls shall reflect the identified sources of pollutants at the facility and conform to criteria established by the Act and the Department.

(A)   The location and a description of existing surface water controls. Structural controls shall be inspected at least quarterly each year for structural integrity and maintenance. Dates of inspections of the retention structure and a log of the findings of the inspections shall be maintained at the site.

(B)   Documentation of retention structure capacity shall be submitted to the Department and shall be based upon input parameters, the assumptions and actual calculations, showing volumes for all intermediate steps, used in determining the appropriate volume capacity. Retention structure capacity shall be based upon the following, at a minimum:

(i)   The runoff volume from open lot surfaces.

(ii)   The runoff volume from areas between open lot surfaces and the retention structure.

(iii)   The rainfall multiplied by the area of the retention structure.

(iv)   The volume of rainfall from any roofed area that is directed into the retention structure.

(v)   All waste and process generated wastewater produced during a period of time not less than twenty-one (21) calendar days, including: volume of wet manure that enters a pond; plus volume of water used for manure or waste removal; plus volume of wash or cleanup water; plus other water, including drinking water that enters the retention structure. The minimum twenty-one (21) day storage capacity is an absolute minimum. The minimum storage capacity may be increased depending on the number of acres available for land application, crops and crop water demands, climate conditions, operations and management.

(vi)   Volume of a 25-year, 24-hour rainfall event.

(vii)   One (1) foot of freeboard below spillway or outlet.

(viii)   A water budget analysis shall be performed on all liquid waste retention structures based on the average monthly precipitation taken from a National Weather Service current publication of the previous fifteen (15) years of data, at a minimum.

(C)   A description of the design standards for the retention facility embankments. The following minimum design standards are required for construction or modification of a retention structure embankment:

(i)   Soils used in the embankment shall be free of foreign material, including trash, brush, and fallen trees.

(ii)   The embankment shall be constructed in lifts no more than six (6) inches thick after compaction and compacted to a minimum of 95% of the maximum dry density and 2% of optimum moisture content as determined by ASTM D 698 standard proctor test.

(iii)   Each lift of the embankment of the retention structures shall be checked to ensure proper compaction and moisture content; all documentation to include:

(I)   project name,

(II)   date,

(III)   test method used,

(IV)   site name,

(V)   technician name,

(VI)   location of reading, including sketch, if necessary,

(VII)   percent compaction,

(VIII)   wet density, pcf,

(IX)   dry density, pcf,

(X)   moisture content,

(XI)   lift number, and

(XII)   soils lab name, report number and proctor test results used to obtain field measurements.

(iv)   If retention structures are constructed with an emergency spillway, a minimum of one (1) foot of freeboard shall be maintained between the top of the 25-year, 24-hour storm volume and the bottom of the emergency spillway.

(v)   An erosion control plan shall be developed and approved by the Department detailing how the owner immediately stabilizes the embankment walls to prevent erosion and deterioration. The plan shall include a preventive maintenance section. Each plan shall be approved on a case by case basis and may include the use of vegetative cover, geomembrane liners, sod, or other Department approved methods for controlling erosion.

(vi)   A permanent measuring device shall be maintained in the wastewater retention structure to show the volume required to contain a 25-year, 24-hour rainfall event. The device shall be visible from the top of the levee and a separate mark shall be placed on the measuring device clearly identifying the 25-year, 24-hour rainfall event. Installation of the measuring device shall be performed in a manner to protect the integrity of liner at all times.

(vii)   A rain gauge shall be kept on site and properly maintained. A log of all measurable precipitation events shall be kept with the PPP.

(viii)   Documentation of method used to ensure liner of the waste retention structure is protected at or below the inlet.

(6)   The following records, in addition to those required by the Act, shall be maintained at the site for a minimum of three (3) years.

(A)   Weekly measure of water level in the retention facility;

(B)   Quarterly inspection and maintenance reports;

(C)   Other specific information required by the Department.

(7)   The following records, in addition to those required by the Act, shall be maintained at the site as long as the facility is in operation:

(A)   Documentation of no significant impact, if applicable.

(B)   Copy of Notice of Intent (NOI) or Notice of Termination (NOT), if applicable.

(C)   Other records as required by the Department.

(8)   Within twenty-four (24) hours of identifying a discharge, a licensee shall be required to report the discharge to the Department. The licensee shall be required to submit an additional, final report to the Department upon clean-up and receipt of discharge analysis.

[Source: Added at 25 Ok Reg 1795, eff 7-1-08; Amended at 29 Ok Reg 912, eff 7-1-12; Amended at 30 Ok Reg 813, eff 7-1-13; Amended at 35 Ok Reg 761, eff 9-14-18; Amended at 37 Ok Reg 957, eff 9-14-20]