{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-12","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-12","heading":"Prevention of hydrologic connection between wastewaters","body":"and waters of state.\n\nA. Any hydrologic connection between wastewater and waters of\n\nthe state outside that authorized by the provisions of the Oklahoma\n\nSwine Feeding Operations Act shall constitute a discharge to waters\n\nof the state.\n\nB. Except as otherwise provided by Section 20-20 of the\n\nOklahoma Swine Feeding Operations Act, to prevent hydrologic\n\nconnections between a retention structure and waters of the state,\n\nall swine feeding operations in this state primarily using a liquid\n\nswine waste management system whether or not such waste facilities\n\nare licensed pursuant to the Oklahoma Swine Feeding Operations Act\n\nshall:\n\n1. Utilize a natural or geomembrane liner or other liner\n\nconstructed of synthetic materials in any retention structure\n\ncontaining liquid swine waste; and\n\n2. Provide documentation that there is no hydrologic connection\n\nbetween the waters of the state and the retention structure. This\n\ndocumentation shall be certified by an environmental, agricultural,\n\nor other approved professional engineer licensed pursuant to Section\n\n475.12 of Title 59 of the Oklahoma Statutes or a United States\n\nDepartment of Agriculture Natural Resources Conservation Service\n\nengineer and shall include information on the hydraulic conductivity\n\nand thickness of the natural materials underlying and forming the\n\nwalls of the containment structure up to the maximum operating\n\nlevel.\n\nC. Except as provided by Section 20-20 of the Oklahoma Swine\n\nFeeding Operations Act and subsection E of this section, all\n\nretention structures of licensed managed feeding operations shall\n\nmaintain a minimum separation of ten (10) feet between the bottom of\n\nthe retention structure and the maximum historical groundwater\n\nelevation that is measured from the bottom of the retention\n\nstructure and the highest point of the seasonal groundwater table.\n\nDocumentation of a ten-foot separation shall be established by\n\nsubmission of a soil log from a soil boring extending a minimum of\n\nten (10) feet below the bottom of all retention structures to\n\nascertain the presence of groundwater or bedrock and a statement\n\nfrom a professional engineer certifying the existence of the ten-\n\nfoot separation distance.\n\nD. The State Board of Agriculture shall establish standards for\n\nretention structures.\n\nE. The Department of Agriculture, Food, and Forestry may allow\n\na separation of less than ten (10) feet but in no event less than\n\nfour (4) feet between the bottom of the retention structure and the\n\nmaximum historical groundwater elevation. In determining the\n\nminimum separation to be required, the Department shall consider the\n\nfollowing factors:\n\n1. Soil type at the retention structure;\n\n2. Soil tests per American Standards Testing Methods (ASTM)\n\nstandards on all soils to be used as liner material;\n\n3. Retention structure capacity;\n\n4. Retention structure design;\n\n5. Documentation of lack of hydrologic connection between the\n\nwaters of the state and the retention structure;\n\n6. Depth of retention structure;\n\n7. Type and characteristics of liner to be used; and\n\n8. Any other relevant information.\n\nF. 1. Licensed managed feeding operations shall install and\n\nmaintain in good working order a leak detection system or sufficient\n\nmonitoring wells both upgradient and downgradient around the\n\nperimeter of each retention structure prior to using the retention\n\nstructure for storage of liquid waste pursuant to rules promulgated\n\nby the State Board of Agriculture.\n\n2. a. Samples of water shall be collected by the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry and\n\nsubmitted for testing at least annually. The analysis\n\nof the water samples shall be performed by a qualified\n\nenvironmental laboratory approved by the Oklahoma\n\nDepartment of Environmental Quality or by the relevant\n\ncertification agency for the state in which the\nll be collected by the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry and\n\nsubmitted for testing at least annually. The analysis\n\nof the water samples shall be performed by a qualified\n\nenvironmental laboratory approved by the Oklahoma\n\nDepartment of Environmental Quality or by the relevant\n\ncertification agency for the state in which the\n\nlaboratory is located and approved by the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry; and the\n\ncost shall be the responsibility of the owner of the\n\nlicensed managed feeding operation.\n\nb. The frequency of sampling set forth in subparagraph a\n\nof this paragraph may be reduced to once every three\n\n(3) years for those monitoring wells which have been\n\nsampled for at least three (3) consecutive years and\n\nhave always been found to be dry. However, if any\n\nsubsequent sampling event indicates the monitoring\n\nwell is no longer dry, that monitoring well shall be\n\nsampled pursuant to subparagraph a of this paragraph.\n\n3. Documentation, sampling data, and any other records required\n\nby this section shall be maintained on site for the life of the\n\nfacility.\n\n4. Analysis from the sampling taken prior to the operation of\n\nthe facility may be considered the baseline data and shall be\n\nretained on site for the life of the facility. If no sampling or\n\nother baseline data is available prior to the operation of the\n\nfacility, the samples taken during the first year may be considered\n\nthe baseline data and shall be retained on site for the life of the\n\nfacility. Baseline data for the facility shall be determined based\n\non the best information available.\n\n5. The Oklahoma Water Resources Board shall promulgate rules\n\nproviding for plugging of monitoring wells as appropriate.\n\nG. Site-specific conditions shall be considered in the design\n\nand construction of liners. Liners for retention structures shall\n\nbe designed and constructed in accordance with the provisions of\n\nthis section and generally accepted engineering practices\n\nestablished by rules of the Board or as required by the federal\n\nEnvironmental Protection Agency. Liners for lagoons owned or\n\noperated by a swine feeding operation with less than one thousand\n\n(1,000) swine animal units may be designed and constructed pursuant\n\nto Technical Note 716 of the United States Department of Agriculture\n\nNatural Resources Conservation Service or its current equivalent so\n\nlong as the facility is designed by the United States Department of\n\nAgriculture Natural Resources Conservation Service.\n\nH. 1. When a liner is installed to prevent hydrologic\n\nconnection, the licensee or the owner shall maintain the liner to\n\ninhibit infiltration of wastewaters. Documentation of liner\n\nmaintenance shall be maintained at the facility.\n\n2. An environmental, agricultural, or other approved\n\nprofessional engineer licensed pursuant to Section 475.12 of Title\n\n59 of the Oklahoma Statutes shall conduct a site evaluation every\n\nfive (5) years on the retention structure of every concentrated\n\nswine feeding operation with such a structure and annually on every\n\nlicensed managed feeding operation to ensure liner integrity. If\n\nthe owner or operator suspects that a retention structure is\n\nleaking, the owner or operator shall report suspected leakage to the\n\nDepartment.\n\n3. The Department shall establish a compliance schedule for\n\nretrofitting liners of waste retention structures for licensed\n\nmanaged feeding operations constructed prior to August 1, 1998, that\n\nare located in nutrient-limited watersheds or nutrient-vulnerable\n\ngroundwaters as designated by the Oklahoma Water Resources Board and\n\ndo not have liners meeting the specifications established in this\n\nsection.\n\nI. All substances entering the retention structures shall be\n\ncomposed entirely of wastewaters from the proper operation and\n\nmaintenance of a swine feeding operation and the runoff from the\nlocated in nutrient-limited watersheds or nutrient-vulnerable\n\ngroundwaters as designated by the Oklahoma Water Resources Board and\n\ndo not have liners meeting the specifications established in this\n\nsection.\n\nI. All substances entering the retention structures shall be\n\ncomposed entirely of wastewaters from the proper operation and\n\nmaintenance of a swine feeding operation and the runoff from the\n\nswine feeding operation area. The disposal of any materials, other\n\nthan substances associated with proper operation and maintenance of\n\nthe facility into the containment structures, including but not\n\nlimited to human waste, is prohibited.\n\nJ. All new retention structures of licensed managed feeding\n\noperations shall be designed for odor abatement, groundwater\n\nprotection, and nutrient conservation.\n\nK. Documentation, sampling data, and any other records required\n\nby this section shall be maintained on site for as long as the\n\nfacility is in operation. Samples collected during the first year\n\nof the retention structure may be considered the baseline data and\n\nshall be retained on site as long as the facility is in operation.\n\nBaseline data for the facility shall be determined based on the best\n\ninformation available.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2d341f6e7bf162a939647db415e97db5623c6167523761d7d0c16790daaa9140","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-11","next":"us-ok/okla.-stat.-tit.-2-2-20-13"},"notice":"GroundRules: Original legal text. Not legal advice."}