{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-17","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-17","heading":"Evidence of financial ability","body":"A. Any person who is licensed to operate a swine feeding\n\noperation with a liquid swine waste management system within this\n\nstate shall furnish to the Oklahoma Department of Agriculture, Food,\n\nand Forestry evidence of financial ability to comply with the\n\nrequirements for closure of retention structures and other waste\n\nfacilities as established pursuant to the provisions of this section\n\nand rules promulgated by the State Board of Agriculture.\n\nB. 1. To establish evidence of financial ability the\n\nDepartment shall require:\n\na. Category A surety which shall include a financial\n\nstatement listing assets and liabilities and including\n\na general release that the information may be verified\n\nwith banks and other financial institutions. The\n\nfinancial statement shall be confidential and shall\n\nnot be opened to public inspection. The statement\n\nshall prove a net worth of not less than:\n\n(1) Ten Thousand Dollars ($10,000.00) for any swine\n\nfeeding operation licensed pursuant to the\n\nOklahoma Swine Feeding Operations Act having a\n\ncapacity of more than three hundred (300) swine\n\nanimal units but having one thousand (1,000)\n\nswine animal units or less,\n\n(2) Twenty-five Thousand Dollars ($25,000.00) for any\n\nswine feeding operation licensed pursuant to the\n\nOklahoma Swine Feeding Operations Act having a\n\ncapacity of more than one thousand (1,000) swine\n\nanimal units but less than two thousand (2,000)\n\nswine animal units, or\n\n(3) Fifty Thousand Dollars ($50,000.00) for any swine\n\nfeeding operation licensed pursuant to the\n\nOklahoma Swine Feeding Operations Act having a\n\ncapacity of more than two thousand (2,000) swine\n\nanimal units, or\n\nb. Category B surety which shall include an irrevocable\n\ncommercial letter of credit, cash, a cashier's check,\n\na Certificate of Deposit, Bank Joint Custody Receipt,\n\nother negotiable instrument or a blanket surety bond.\n\nExcept as provided in paragraph 2 of this subsection,\n\namount of such letter of credit, cash, check,\n\ncertificate, bond, receipt or other negotiable\n\ninstrument shall be in the amount of Twenty-five\n\nThousand Dollars ($25,000.00). The Department is\n\nauthorized to determine the amount of Category B\n\nsurety based upon the past performance of the owner or\n\noperator regarding compliance with the laws of this\n\nstate, and any rules promulgated pursuant thereto.\n\nAny instrument shall constitute an unconditional\n\npromise to pay and be in a form negotiable by the\n\nDepartment.\n\n2. The Department upon certification by any swine feeding\n\noperation subject to Category B surety that its liability statewide\n\nis less than the twenty-five-thousand-dollar standard specified in\n\nthis section may allow the owner or operator to provide Category B\n\ntype surety in an amount less than the required Twenty-five Thousand\n\nDollars ($25,000.00), but at least sufficient to cover the estimated\n\ncost of all closure and removal operations currently the\n\nresponsibility of that owner or operator.\n\nC. 1. Any swine feeding operation licensed pursuant to the\n\nprovisions of the Oklahoma Swine Feeding Operations Act which does\n\nnot have any outstanding contempt citations or fines may post\n\nCategory A surety.\n\n2. Any swine feeding operation licensed pursuant to the\n\nprovisions of the Oklahoma Swine Feeding Operations Act which does\n\nhave outstanding fines or contempt citations shall be required to\n\npost Category B surety. Swine feeding operations which have posted\n\nCategory B surety and have operated under this type surety and have\n\nno outstanding fines at the end of three (3) years may post Category\n\nA surety.\n\nD. For good cause shown concerning pollution by the swine\n\nfeeding operations posting either Category A or B surety, the\n\nDepartment, after notice and hearing, may require the filing of\n\nadditional Category B surety in an amount greater than Twenty-five\n\nThousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)\nutstanding fines at the end of three (3) years may post Category\n\nA surety.\n\nD. For good cause shown concerning pollution by the swine\n\nfeeding operations posting either Category A or B surety, the\n\nDepartment, after notice and hearing, may require the filing of\n\nadditional Category B surety in an amount greater than Twenty-five\n\nThousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)\n\ntimes the number of swine animal units for the facility being\n\nlicensed.\n\nE. 1. If the Department, after notice and an opportunity for\n\nhearing, determines that the swine feeding operation licensed\n\npursuant to the provisions of the Oklahoma Swine Feeding Operations\n\nAct has neglected, failed, or refused to close any surface\n\nimpoundment, or remove or cause to be removed any equipment, or has\n\nabandoned the facility, then the swine feeding operation shall be\n\ndeemed to have forfeited the letter of credit or negotiable\n\ninstrument required by this section or shall pay to this state, for\n\ndeposit in the State Treasury, a sum equal to the cost of closure of\n\nany surface impoundment or removal of equipment.\n\n2. The Department may cause the remedial work to be done,\n\nissuing a warrant in payment of the cost thereof drawn against the\n\nmonies accruing in the State Treasury from the forfeiture or\n\npayment.\n\n3. The Department shall also recover any costs arising from\n\nlitigation to enforce this provision. Provided, before a swine\n\nfeeding operation is required to forfeit or pay any monies to the\n\nstate pursuant to this section, the Department shall notify the\n\nswine feeding operation at the last-known address of the\n\ndetermination of neglect, failure or refusal to close any surface\n\nimpoundment or remove equipment and the swine feeding operation\n\nshall have ten (10) days from the date of notification within which\n\nto commence remedial operations. Failure to commence remedial\n\noperations shall result in forfeiture or payment as provided in this\n\nsubsection.\n\nF. If title to a swine feeding operation is transferred, the\n\ntransferee shall furnish the evidence of financial ability to close\n\nsurface impoundments required by the provisions of this section,\n\nprior to the transfer.","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":"616b183dfb6128bda88fe9a3c7dbc9a22fa1aea7d8a472dc6fe2381ac01d4b78","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-16","next":"us-ok/okla.-stat.-tit.-2-2-20-18"},"notice":"GroundRules: Original legal text. Not legal advice."}