Okla. Admin. Code § 35:45-1-5

Current through Vol. 42, No. 6, December 2, 2024

Section 35:45-1-5 - Specific jurisdictional areas of environmental responsibility

(a) Title 27A of the Oklahoma Statutes outlines environmental responsibilities of the various environmental agencies. According to 27A O.S. § 1-3-101(D), ODAFF has environmental responsibility for the following jurisdictional areas:

(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;

(8) utilization and enforcement of Oklahoma Water Quality Standards and implementation documents;

(9) development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of Title 27A in the Oklahoma Statutes for its jurisdictional areas of environmental responsibility ; and

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

(b) The following areas are specifically reserved to the jurisdiction of ODEQ at 27A O.S. § 1-3-101(D)(2):

(1) 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;

(2) slaughterhouses, but not including feedlots at such facilities;

(3) aquaculture and fish hatcheries, 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 these facilities; and

(4) 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 ODEQ with respect to such storm water discharges.

(c) The following is a list of programs as addressed in the WQSIP within the jurisdictional areas of environmental responsibility of ODAFF, as defined in 27 A O.S. Section 1-3-101(D).

(1) Point source discharges and nonpoint source runoff from livestock production, feed yards, livestock markets and animal waste; dairy waste and wastewater associated with milk production facilities.

(A) Animal waste programs.

(B) WQSIP required.

(2) Pesticide Control; point source discharges and nonpoint source runoff from agricultural crop production and agricultural services.

(A) Pesticide program.

(B) WQSIP required.

(3) Forestry and nurseries; point source discharges and nonpoint source runoff from silviculture.

(A) Forestry Best Management Practices Program.

(B) WQSIP required.

(4) Fertilizer; point source discharges and nonpoint source runoff from agricultural crop production and agricultural services.

(A) Fertilizer program.

(B) WQSIP required.

(5) Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of ODAFF.

(A) Groundwater protection activities.

(B) Separate WQSIP not required because requirements for groundwater quality protection and corrective measures, if necessary, are included in each of the individual programs.

(6) Utilization and enforcement of Oklahoma Water Quality Standards and Implementation Plan pursuant to Section 1-1-202 of Title 27A OS for jurisdictional areas of environmental responsibility.

(A) Water quality standards implementation.

(B) WQSIP not required.

(7) Development and promulgation of a WQSIP pursuant to Section 1-1-202 of Title 27A OS for its jurisdictional areas of environmental responsibility.

(A) Water quality standards implementation.

(B) WQSIP not required.

Okla. Admin. Code § 35:45-1-5

Added at 18 Ok Reg 3409, eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok Reg 2332, eff 7-11-05