Okla. Stat. tit. 2, § 2-20-6: Licensure – Modification – Designation of operations

A. 1. Any swine feeding operation meeting the criteria

defining a concentrated swine feeding operation shall be required to

obtain a license to operate pursuant to the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto.

2. No swine feeding operation which voluntarily obtains a

license pursuant to the Oklahoma Swine Feeding Operations Act shall

be considered to be a concentrated swine feeding operation unless

the operation meets the definition of concentrated swine feeding

operation.

3. Any other swine feeding operation, regardless of the number

of swine, shall only be required to be licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto if the State Board of Agriculture

determines the operation to be a significant contributor of

pollution to waters of the state.

B. 1. Two or more swine feeding operations under common

ownership are considered, for the purposes of licensure, to be a

single swine feeding operation if they adjoin each other or if they

use a common area or system for the disposal of wastes.

2. A licensed managed feeding operation shall be required to

seek a modification of its license for any increase in excess of

five percent (5%) of the original facility's licensed capacity.

C. An expanding operation shall be required to seek a

modification of its license prior to expansion.

D. 1. The Board may make a case-by-case designation of

concentrated swine feeding operations pursuant to this section. Any

swine feeding operation may be designated as a concentrated swine

feeding operation if it is determined to be a significant

contributor of pollution to the waters of the state. In making this

designation, the Board shall consider the following factors:

a. the size of the swine feeding operation and the amount

of wastes reaching waters of the state,

b. the location of the swine feeding operation relative

to waters of the state,

c. the means of conveyance of swine waste and wastewater

into waters of the state,

d. the method of disposal for swine waste and process

wastewater disposal,

e. the slope, vegetation, rainfall and other factors

affecting the likelihood or frequency of discharge of

swine wastes and process wastewaters into waters of

the state, and

f. other factors relative to the significance of the

pollution problem sought to be regulated.

2. In no case shall an application for a license be required

from a swine feeding operation pursuant to this subsection until

there has been an on-site inspection of the operation and a

determination by the Oklahoma Department of Agriculture, Food, and

Forestry that the operation is a concentrated swine feeding

operation. Should the Department determine that the operation is a

concentrated swine feeding operation, the Department shall notify

the operation of the determination and of an opportunity for the

owner or operator of the facility to request an administrative

hearing on the issue.

3. Process wastewater in the overflow may be discharged to

navigable waters whenever rainfall events, either chronic or

catastrophic, cause an overflow of process wastewater from a

retention structure properly designed, constructed and operated to

contain all process wastewaters plus the runoff from a twenty-five-

year, twenty-four-hour rainfall event for the location of the point

source. There shall be no effluent limitations on discharges from a

waste facility constructed and properly maintained to contain the

twenty-five-year, twenty-four-hour storm event; provided, the proper

design, construction and operation of the retention structure shall

include but not be limited to one (1) foot of free board.

E. No new concentrated swine feeding operation or expansion of

a concentrated swine feeding operation requiring a license pursuant

a

waste facility constructed and properly maintained to contain the

twenty-five-year, twenty-four-hour storm event; provided, the proper

design, construction and operation of the retention structure shall

include but not be limited to one (1) foot of free board.

E. No new concentrated swine feeding operation or expansion of

a concentrated swine feeding operation requiring a license pursuant

to the Oklahoma Swine Feeding Operations Act shall be constructed or

placed in operation unless final design plans, specifications and a

Pollution Prevention Plan developed pursuant to Section 20-9 of this

title have been approved by the Department.

F. No new licensed managed feeding operation or expanding

operation shall be constructed until a building permit for such

facility or expansion has been issued by the Department. No new

licensed managed feeding operation or expanding operation shall be

placed in operation until a license for the facility or a

modification for an existing license has been issued by the

Department.

G. When requesting a modification of a license, a licensed

managed feeding operation shall comply with all notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture. In its request for a modification

of a license, a licensed managed feeding operation shall provide all

information specified in subsection G of Section 20-7 of this title.

H. Any hearings regarding modification of a license shall focus

on the modifications being proposed by the licensed managed feeding

operation.

I. A decision to deny modification of a license shall have no

impact on the original license.