Current through Vol. 42, No. 8, January 2, 2025
Section 35:44-1-30 - Notices(a)Statutory requirements for notice. The Agriculture Environmental Permitting Act requires an applicant to publish notice of filing a legal notice in one newspaper local to the proposed location or existing facility in accordance with 2 O.S. § 2A-25.(b)Notice to landowner. Applicants shall certify by affidavit that they own the real property, have a current lease or easement which is given to accomplish the permitted purpose or have provided legal notice to the landowner.(c)Notice content. The applicant shall provide ODAFF with a draft notice for approval prior to publication. All published legal notices shall contain the: (1) Name and address of the applicant;(2) Name, address and legal description of the site, facility and activity;(4) Type of permit or permit action being sought;(5) Description of activities to be regulated;(6) Locations where the application may be reviewed;(7) Names, addresses and telephone numbers of contact persons for ODAFF and for the applicant;(8) Description of public participation opportunities and time period for comment and requests; and(9) Any other information required by ODAFF rules.(d)Proof of publication. Within twenty (20) calendar days after the date of publication, an applicant shall provide ODAFF with a written affidavit of publication for each notice published. In case of a mistake in a published notice, ODAFF shall require a legal notice of correction or republication of the entire notice, whichever is appropriate. Inconsequential errors in spelling, grammar or punctuation shall not be cause for correction or republication.(e)Additional notice. Applicants for a NPDES permit are subject to additional notice provisions of federal requirements adopted by reference as ODAFF rules.(f) Notices provided by ODAFF will include a fact sheet or statement of basis and the draft permit.Okla. Admin. Code § 35:44-1-30
Added at 27 Ok Reg 2449, eff 7-25-10