Okla. Admin. Code § 35:17-5-3

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

Section 35:17-5-3 - Registration, Nutrient Management Plan (NMP) required

(a)Registration.

(1) It shall be unlawful for any person to construct or operate a new poultry feeding operation without first registering with the State Board of Agriculture.

(2) Every poultry feeding operation shall be required to renew the registration annually by January 1 to operate.

(3) Any poultry feeding operation that has a valid license pursuant to the Oklahoma Concentrated Animal Feeding Operations Act shall not be required to register pursuant to the Oklahoma Registered Poultry Feeding Operations Act.

(4) The owner or operator of a poultry feeding operation not classified as a poultry feeding operation may register if the owner elects to come under the provisions of the Oklahoma Registered Poultry Feeding Operations Act and the rules of the State Board of Agriculture.

(b)Nutrient Management Plan.

(1) Every poultry feeding operation shall obtain or apply for an approved NMP addressing both nitrogen and phosphorus.

(2) All new operators of poultry feeding operations shall obtain or apply for a NMP prior to construction of the facility. The NMP shall be completed and implemented within one year of application.

(3) The NMP shall be prepared by USDA NRCS or an entity approved by the Oklahoma Department of Agriculture, Food, and Forestry.

(4) Plans shall be reviewed and updated at least every six (6) years from the date the NMP was obtained. Plans shall also be reviewed and updated in the following circumstances:

(A) When the Oklahoma Department of Agriculture, Food, and Forestry changes the waste utilization standards or

(B) Upon notification of the Oklahoma Department of Agriculture, Food, and Forestry.

(5) The NMP shall be updated prior to the expansion of a facility.

(6) Implementation of the NMP shall occur within ninety (90) days of receipt of the NMP unless otherwise determined by the Oklahoma Department of Agriculture, Food, and Forestry. In no event shall the poultry feeding operation land apply poultry waste in excess of the standards contained in Appendix A.

(c)Transfer.

(1) Owners intending to sell a registered poultry feeding operation shall notify the Department at least ten (10) days prior to the final sale.

(2) Owners selling the registered poultry feeding operation shall submit a final annual report for the current fiscal year within thirty (30) days following the final sale.

(3) New owners purchasing a registered poultry feeding operation shall have thirty (30) days to submit a transfer application on a form prescribed by the Department along with the Ten (10) Dollar nonrefundable application fee.

Okla. Admin. Code § 35:17-5-3

Added at 15 Ok Reg 1057, eff 12-19-97 (emergency); Added at 15 Ok Reg 2508, eff 6-25-98 ; Amended at 15 Ok Reg 4266, eff 8-20-98 (emergency); Amended at 16 Ok Reg 2119, eff 6-25-99 ; Amended at 30 Ok Reg 813, eff 7-1-13

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

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/14/2020

Amended by Oklahoma Register, Volume 40, Issue 5, November 15, 2022, eff. 10/20/2022

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023

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