SECTION 35:17-9-5. No discharge; endangered and threatened species

(a)   There shall be no discharge of wastewater, leachate, contaminated storm water, animal waste, or other pollutant resulting from the operation of the facility to waters of the state.

(b)   If, for any reason, there is a discharge, the owner or operator shall make immediate notification to the Department. The report of the discharge shall include:

(1)   a description and cause of the discharge, including a description of the flow path to the receiving water body,

(2)   an estimation of the flow rate and volume discharged,

(3)   the period of discharge, including exact dates and times, and if not already corrected, the anticipated time the discharge is expected to continue,

(4)   steps taken to reduce, eliminate and prevent recurrence of the discharge, and

(5)   test results for fecal coliform bacteria, five-day biochemical oxygen demand (BOD5), total suspended solids (TSS), ammonia nitrogen, total Kjeldahl nitrogen (TKN), any pesticides which the operator has reason to believe could be in the discharge, or any other parameters required by the Department that the Department has reason to believe could be in the discharge.

(c)   Construction and operation of the facility shall not result in the destruction of endangered or threatened species nor contribute to the taking of any federally endangered or threatened species of plant, fish or wildlife, nor interfere with or cause harm to migratory birds.

[Source: Added at 23 Ok Reg 876, eff 5-11-06]