ODPs are recommended for obstruction clearance and may be flown without ATC clearance unless an alternate departure procedure (SID or radar vector) has been specifically assigned by ATC.
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The 40:1 surface is calculated out to 22.09 nautical miles from the runway end within an arc of 180° centered along the runway centerline extended. These requirements are part of FAR Part 77.23(a)(3). This is TERPS criteria. The standard aircraft departure climb gradient (CG) is 200 feet per nautical mile.
“It's true that for Part 91 pilots Obstacle Departure Procedures, or ODPs, are not mandatory. However, when flown correctly, ODPs ensure terrain and obstacle clearance.
There's no takeoff clearance needed without a tower, but until you get the OK, the release, from approach, you can't depart IFR. So you'll then readback that clearance and they'll say “Cessna 9334H readback correct advise ready for departure.” And they may ask you which runway you're going to depart from.
It lists eleven exempted operations allowing a commercial pilot to operate under Part 91. Those include flight instruction, skydiving flights, banner towing, and air tours which begin and end at the same airport and remain within a 25-statute-mile radius.