Okla. Admin. Code § 35:17-9-9

Current through Vol. 42, No. 4, November 1, 2024

Section 35:17-9-9 - [Effective 8/11/2024] Closure of licensed compost facility retention structures

(a) The owner of a facility shall notify the Department at least thirty (30) days in advance in writing if they intend to permanently cease operations of the facility for any reason, including but not limited to, compliance with orders of the Board of Agriculture.

(b) A facility that temporarily ceases operations for longer than six (6) months but otherwise remains in full compliance with these rules shall not be considered permanently closed if written notice is provided to the Department prior to six (6) months of ceasing operations.

(c) In the event of permanently ceasing operations or abandonment of the facility, the owner shall still be responsible for closure of any waste retention structure by ensuring the following:

(1) Liquid contents of total retention storage structure shall be pumped out and land applied according to Department requirements.

(2) Solids from the total retention storage structure shall be removed and disposed of in an environmentally safe manner.

(3) Sludge from the bottom of the total retention storage structure shall be removed without compromising the integrity of the liner. Sludge may be land applied according to Department requirements.

(4) The owner shall grid sample soil from the bottom of the leachate retention structure and have the samples analyzed in a State certified laboratory for nitrate-nitrogen, total phosphorous, and electrical conductance.

(5) The owner shall develop a plan, subject to Department approval, regarding soil removal, if necessary, based on the grid sample data.

(6) If soil is to be removed from the bottom of the total retention storage 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.

(7) If evidence indicates that contamination has migrated to the groundwater based on site specific conditions, monitoring wells shall be installed as required by the Department.

(8) In the event a total retention storage structure requires closure or replacement in other than a permanently ceasing operations event, written notice shall be submitted to the Department prior to closure and shall follow the requirements of this section.

(d) An owner may seek an exemption from the closure obligations of this subsection or transfer the responsibility for a total retention storage structure to another party. A written request and approval by the Department are required for an owner to be exempt from closure obligations of this subsection or to transfer the responsibility for a total retention storage structure to any other party.

Okla. Admin. Code § 35:17-9-9

Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024