Okla. Admin. Code § 35:44-1-1

Current through Vol. 42, No. 8, January 2, 2025

Section 35:44-1-1 - Purpose and jurisdiction

(a) The rules in this Subchapter implement the Oklahoma Agriculture Pollutant Discharge Elimination System Act and the Oklahoma Agriculture Environmental Permitting Act, 2 O.S. §§ 2A-1 et seq. and 2A-21 et seq., and apply to applicants for and holders of Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) permits and other authorizations.

(b) Any facility that discharges as that term is defined in 2 O.S. § 2A-2 of the Oklahoma Agriculture Pollutant Discharge Elimination System Act that are within the Oklahoma Department of Agriculture, Food, and Forestry's areas of environmental jurisdiction pursuant to 27A O.S. § 1-3-101 (D) required by federal regulations to obtain a National Pollutant Discharge Elimination System (NPDES) permit or an authorization pursuant to a NPDES general permit shall be required to obtain an Agriculture Pollutant Discharge Elimination System (AgPDES) permit or an authorization pursuant to an AgPDES general permit.

(c) The Oklahoma Department of Agriculture, Food, and Forestry shall have the following areas of environmental responsibility except as provided in (d) of this subsection:

(1) Point source discharges and nonpoint source runoff from agricultural crop production, agricultural services, livestock production, silviculture, feed yards, livestock markets and animal waste,

(2) Pesticide control,

(3) Forestry and nurseries,

(4) Fertilizer,

(5) Facilities which store grain, feed, seed, fertilizer and agricultural chemicals,

(6) Dairy waste and wastewater associated with milk production facilities,

(7) Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Department,

(8) Utilization and enforcement of Oklahoma Water Quality Standards and implementation documents,

(9) Development and promulgation of a Water Quality Standards Implementation Plan for its jurisdictional areas of environmental responsibility, and

(10) Storm water discharges for activities subject to the jurisdictional areas of environmental responsibility of the Department.

(d) The Department of Environmental Quality shall have environmental jurisdiction over:

(1) Including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at the facilities,

(A) Commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products,

(B) Slaughterhouses, but not including feedlots at these facilities, and

(C) Aquaculture and fish hatcheries, and

(2) Facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal NPDES regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to such storm water discharges.

Okla. Admin. Code § 35:44-1-1

Added at 27 Ok Reg 2449, eff 7-25-10