SECTION 35:17-9-3. Permit provisions and application

(a)   Prior to operation, any person using any source materials within the Department's jurisdictional areas of environmental responsibility to produce compost shall obtain a permit to operate the facility from the Department.

(b)   The permit shall be renewed every five (5) years on October 1.

(c)   The application for a compost facility shall contain, as a minimum, the following information:

(1)   Name, address, and telephone number of the owner;

(2)   Name, address, and county of the facility, including specific driving directions from the nearest municipality, and legal description of the facility to the nearest ten (10) acres;

(3)   Name, address, and telephone number of the operator, if other than the owner;

(4)   Narrative describing the proposed compost facility.

(5)   A composting plan that shall include but not be limited to the following:

(A)   Source materials proposed for use and the estimated amount of compost produced per month or per year;

(B)   Proposed type of composting process or processes to be used at the facility, including windrow, static pile, or in vessel composting method;

(C)   Characterization of the physical and environmental setup of the facility, including but not limited to the following:

(i)   Description of topography using a current 7.5 minutes topographic map highlighting the location of waters of the state within three (3) miles of the facility, an outline of the watershed drainage area with arrows indicating general direction of surface water drainage from the facility;

(ii)   Soil map showing soil types at the facility; and

(iii)   100-year flood plain map.

(D)   Laboratory test reports showing the amount of nitrogen as nitrate and total phosphorus contained in waters of the state at the facility, including but not limited to groundwater from all existing wells and surface impoundments located on the site.

(E)   Design drawings and specifications for:

(i)   receiving, processing, storage, disposal, or reuse areas;

(ii)   leachate collection systems;

(iii)   storage, treatment, and disposal of leachate;

(iv)   storm water drainage;

(v)   protection of groundwater from leachate;

(vi)   any other design drawings and specifications necessary to describe the proposed operations of the facility.

(F)   Proposed operational parameters.

(G)   Site layout and construction.

(H)   Best management practices used at the site for erosion control, water pollution control, odor control, storage of the source materials, storage of the finished compost, and aesthetic enhancement.

(I)   A notarized sworn statement signed by the owner accepting full responsibility for properly closing the facility upon termination of operation at the facility.

(J)   A notarized certification signed by the person applying for the permit, stating: "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."

(K)   Supporting documentation regarding composting method used, including compost mix design, selection of C:N ratio, determining bulking agent need, aeration method, and moisture content and temperature to be maintained.

(L)   All other documentation deemed necessary and requested by the Department to assure the quality of waters of the state is not compromised, and any other information required by the Department directly related to the construction, installation and operation of the facility.

(d)   The application for a new facility or a renewal shall be accompanied by an application fee of Two Hundred Dollars ($200.00).

(e)   The operator of a facility shall notify the Department in writing that the facility is no longer in operation within thirty (30) days of the cessation of operation.

(f)   The Department shall require closure of any facility under the following circumstances:

(1)   The operator of the facility notifies the Department that the facility is no longer in operation.

(2)   The facility has not accepted source material nor produced compost for a period of six (6) months.

(3)   The facility is ordered to close by the Board due to failure to operate in compliance with any provision of the Agriculture Code or rules of the Board.

[Source: Added at 23 Ok Reg 876, eff 5-11-06; Amended at 24 Ok Reg 1766, eff 6-25-07; Amended at 37 Ok Reg 957, eff 9-14-20]