Okla. Admin. Code § 35:17-3-15

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

Section 35:17-3-15 - Odor Abatement Plans (OAPs)

(a) An Odor Abatement Plan (OAP) shall be prepared for each LMFO and submitted as a part of the license application. Odor reducing facilities shall be designed, constructed; and managed so as to minimize adverse impacts on neighboring citizens.

(b) The OAP shall include specific methods of odor reduction which shall be tailored to each LMFO and created to address each cause of odor listed in (c).

(c) The OAP shall address all methods used for reducing odors in relationship to swine maintenance, waste storage, land application, and carcass disposal.

(d) The owner shall examine the OAP at least annually to evaluate the effectiveness of the plan, modify for changed conditions at the facility, and determine if economically feasible technological advances are available and appropriate for the LMFO.

(e) The Department shall approve the OAP on a case by case basis taking into account site specific conditions which may impact the plan. The Department shall document reasons for disapproval of an OAP.

Okla. Admin. Code § 35:17-3-15

Added at 15 Ok Reg 102, eff 10-13-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15 Ok Reg 4247, eff 9-2-98 (emergency); Amended at 16 Ok Reg 1717, eff 6-1-99; Amended at 19 Ok Reg 185, eff 10-8-01 through 7-14-02 (emergency)¹²; Amended at 25 Ok Reg 1795, eff 7-1-08

¹On 1-25-02, amendments to subsections (c) and (d) in this 10-8-01 emergency action, as well as new language in subsection (g) [which was renumbered editorially to (e) before being published in the Register, to avoid a gap in numbering] were declared "void, unenforceable and of no force or effect" by the Oklahoma County District Court. [See Oklahoma Pork Council, Inc. v. Oklahoma Department of Agriculture, Case No. CJ-2001-8605, 1-25-02, Judge Bryan C. Dixon, District Court of Oklahoma County]

²This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-02 (after the 7-14-02 expiration of the emergency action), the text of 35:17-3-15 reverted back to the permanent text that became effective 6-1-99, as was last published in the 2001 Edition of the OAC, and remained as such until amended again by permanent action on 7-1-08.