- (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;
- (3) Purpose of notice;
- (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.
Added at 27 Ok Reg 2449, eff 7-25-10