Okla. Stat. tit. 2, § 2-20-50: Prevention of hydrologic connection between wastewaters

and waters of state.

A. Any hydrologic connection between wastewater and waters of

the state outside that authorized by the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act shall constitute a

discharge to waters of the state.

B. Site-specific conditions shall be considered in the design

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

established by rules of the Board or as required by the federal

Environmental Protection Agency. Liners for lagoons owned or

operated by an animal feeding operation with less than one thousand

(1,000) animal units may be designed and constructed pursuant to

Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

long as the facility is designed by the United States Department of

Agriculture Natural Resources Conservation Service.

C. 1. When a liner is installed to prevent hydrologic

connection, the licensee or the owner shall maintain the liner to

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

five (5) years on the retention structure of every concentrated

animal feeding operation with such a structure to ensure liner

integrity. If the owner or operator suspects that a retention

structure is leaking, the owner or operator shall report suspected

leakage to the Department.

D. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of an animal feeding operation and the runoff from the

animal feeding operation area. The disposal of any materials, other

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

E. Documentation, sampling data, and any other records required

by this section shall be maintained on site for as long as the

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

shall be retained on site as long as the facility is in operation.

Baseline data for the facility shall be determined based on the best

information available.