Okla. Admin. Code § 35:17-9-9

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

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

(a) The owner of a leachate retention structure shall notify the Department if the owner intends to permanently cease operations of the structure for any reason, including but not limited to, compliance with orders of the Board of Agriculture. A leachate retention structure that temporarily ceases operations but otherwise remains in full compliance with its license shall not be considered permanently closed.

(b) Closure requirements of leachate retention structures shall be based on site specific conditions, as follows:

(1) The owner shall notify the Department in writing whenever a leachate retention structure is abandoned or permanently ceases operations for any reason. The Department shall consider a leachate retention structure is abandoned or has permanently ceased operations if:

(A) The leachate retention structure is closed by order of the Department; or

(B) The owner is unable to furnish documents showing receipt of compost material into the leachate retention structure during the previous twenty-four (24) months and the owner is not maintaining the retention structure in compliance with the applicable rules or plans approved by the Department.

(2) Liquid contents of a leachate retention structure may be pumped out and land applied according to Department rules.

(3) Solids from the leachate retention structure shall be removed and disposed of in an environmentally safe manner.

(4) Sludge from the bottom of the leachate retention structure shall be removed without compromising the integrity of the liner. Sludge may be land applied according to Department rules.

(5) 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.

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

(7) If soil is to be removed from the bottom of the leachate retention 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.

(8) The Department may require monitoring wells if evidence indicates that contamination has migrated to the groundwater based on site specific conditions.

(9) An owner may seek an exemption from the closure obligations of this subsection or transfer the responsibility for a leachate waste retention 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 leachate waste retention 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