{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-3","heading":"Definitions","body":"\n\nA. Concentrated swine feeding operations are point sources\n\nsubject to the license program established pursuant to the\n\nprovisions of the Oklahoma Swine Feeding Operations Act.\n\nB. As used in the Oklahoma Swine Feeding Operations Act:\n\n1. \"Affected property owner\" means a surface landowner within:\n\na. one (1) mile of the designated perimeter of a swine\n\nfeeding operation which:\n\n(1) does not meet the definition of a licensed\n\nmanaged feeding operation, or\n\n(2) is previously unlicensed or an expanding licensed\n\nmanaged feeding operation with a capacity of two\n\nthousand (2,000) or less swine animal units, or\n\nb. two (2) miles of the designated perimeter of a\n\nlicensed managed feeding operation or an expanding\n\noperation with a capacity of more than two thousand\n\n(2,000) swine animal units for which a license is\n\nbeing sought;\n\n2. \"Swine feeding operation\" means a lot or facility where the\n\nfollowing conditions are met:\n\na. swine have been, are, or will be stabled or confined\n\nand fed or maintained for a total of ninety (90)\n\nconsecutive days or more in any twelve-month period,\n\nand\n\nb. crops, vegetation, forage growth or post-harvest\n\nresidues are not sustained in the normal growing\n\nseason over any portion of the lot or facility;\n\n3. \"Swine animal unit\" means a unit of measurement for any\n\nswine feeding operation calculated by adding the following numbers:\n\nThe number of swine weighing over twenty-five (25) kilograms,\n\napproximately fifty-five (55) pounds, multiplied by four-tenths\n\n(0.4), plus the number of weaned swine weighing under twenty-five\n\n(25) kilograms multiplied by one-tenth (0.1);\n\n4. \"Swine waste\" means swine excrement, swine carcasses, feed\n\nwastes, process wastewaters or any other waste associated with the\n\nconfinement of swine from a swine feeding operation;\n\n5. \"Swine Waste Management Plan\" or \"Nutrient Management Plan\"\n\nmeans a written plan that includes a combination of conservation and\n\nmanagement practices designed to protect the natural resources of\n\nthe state prepared by an owner or operator of a swine feeding\n\noperation as required by the Department pursuant to the provisions\n\nof Section 20-10 of this title;\n\n6. \"Swine waste management system\" means a combination of\n\nstructures and nonstructural practices serving a swine feeding\n\noperation that provides for the collection, treatment, disposal,\n\ndistribution, storage and land application of swine waste;\n\n7. \"Artificially constructed\" means constructed by humans;\n\n8. \"Best Management Practices\" means schedules of activities,\n\nprohibitions of practices, maintenance procedures and other\n\nmanagement practices to prevent or reduce the pollution of waters of\n\nthe state as established by the Oklahoma Department of Agriculture,\n\nFood, and Forestry pursuant to Section 20-10 of this title;\n\n9. \"Board\" means the State Board of Agriculture;\n\n10. \"Common ownership\" includes but is not limited to any\n\ncorporation, partnership or individual where the same owner has\n\npower or authority to manage, direct, restrict, regulate or oversee\n\nthe operation or has financial control of the facility;\n\n11. \"Concentrated swine feeding operation\" means:\n\na. a licensed managed feeding operation,\n\nb. a swine feeding operation which meets the following\n\ncriteria:\n\n(1) more than the number of swine specified in any of\n\nthe following categories are confined:\n\n(a) 750 swine each weighing over 25 kilograms or\n\napproximately 55 pounds,\n\n(b) 3,000 weaned swine each weighing under 25\n\nkilograms, or\n\n(c) 300 swine animal units, and\n\n(2) either one of the following conditions are met:\n\n(a) pollutants are discharged into waters of the\n\nstate through an artificially constructed\n\nditch, flushing system or other similar\n\nartificially constructed device, or\nined:\n\n(a) 750 swine each weighing over 25 kilograms or\n\napproximately 55 pounds,\n\n(b) 3,000 weaned swine each weighing under 25\n\nkilograms, or\n\n(c) 300 swine animal units, and\n\n(2) either one of the following conditions are met:\n\n(a) pollutants are discharged into waters of the\n\nstate through an artificially constructed\n\nditch, flushing system or other similar\n\nartificially constructed device, or\n\n(b) pollutants are discharged directly into\n\nnavigable waters which originate outside of\n\nand pass over, across or through the\n\nfacility or otherwise come into direct\n\ncontact with the swine confined in the\n\noperation.\n\nProvided, however, that no swine feeding operation\n\npursuant to this subparagraph is a concentrated swine\n\nfeeding operation if the swine feeding operation\n\ndischarges only in the event of a twenty-five-year,\n\ntwenty-four-hour storm event,\n\nc. the Board determines that the operation is a\n\nsignificant contributor of pollution to waters of the\n\nstate pursuant to Section 20-6 of this title, or\n\nd. any new swine feeding operation established after\n\nNovember 1, 2011, with more than one hundred (100)\n\nanimal units;\n\n12. \"Department\" means the Oklahoma Department of Agriculture,\n\nFood, and Forestry;\n\n13. \"Designated perimeter\" means the perimeter of any structure\n\nor combination of structures utilized to control swine waste until\n\nit can be disposed of in an authorized manner. Structures shall\n\ninclude but not be limited to pits, burial sites, barns or roof-\n\ncovered structures housing swine, composters, waste storage sites,\n\nor retention structures or appurtenances or additions thereto;\n\n14. \"Expanding operation\" means:\n\na. a facility that either increases its swine animal unit\n\ncapacity to a number that causes the facility to\n\ninitially meet the definition of a licensed managed\n\nfeeding operation, or\n\nb. a licensed managed feeding operation that seeks to\n\nincrease its licensed capacity in excess of five\n\npercent (5%) of the original facility's licensed\n\ncapacity;\n\n15. \"Facility\" means any place, site, or location or part\n\nthereof where swine are kept, handled, housed, or otherwise\n\nmaintained and processed and includes but is not limited to\n\nbuildings, lots, pens, and swine waste management systems;\n\n16. \"Interested party\" means an affected property owner found\n\nto meet the burden of proof pursuant to the provisions of Section\n\n20-8 of this title;\n\n17. \"Land application\" means the spreading on, or incorporation\n\nof swine waste into the soil mantle primarily for beneficial\n\npurposes;\n\n18. \"Licensed managed feeding operations\" means a swine feeding\n\noperation primarily using a liquid swine waste management system,\n\nwhere swine are primarily housed in a roof-covered structure and\n\nwhich has more than the number of swine specified in any of the\n\nfollowing categories confined:\n\na. 2,500 swine each weighing over 55 pounds,\n\nb. 10,000 weaned swine each weighing under 55 pounds, or\n\nc. any combination of swine weighing over 55 pounds or\n\nunder 55 pounds which would equal one thousand (1,000)\n\nswine animal units;\n\n19. \"Liquid swine waste management system\" means any swine\n\nwaste management system which uses water as the primary carrier of\n\nswine waste into a primary retention structure;\n\n20. \"Nutrient-limited watershed\" means a watershed of a water\n\nbody which is designated as \"nutrient-limited\" in the most recent\n\nOklahoma Water Quality Standards;\n\n21. \"Nutrient-vulnerable groundwater\" means groundwater which\n\nis designated \"nutrient-vulnerable\" in the most recent Oklahoma\n\nWater Quality Standards;\n\n22. \"Odor Abatement Plan\" means schedules of activities,\n\nprohibitions of practices, maintenance procedures and other\n\nmanagement practices to prevent or reduce odor as established by the\n\nDepartment pursuant to Section 20-11 of the Oklahoma Swine Feeding\n\nOperations Act;\n\n\"nutrient-vulnerable\" in the most recent Oklahoma\n\nWater Quality Standards;\n\n22. \"Odor Abatement Plan\" means schedules of activities,\n\nprohibitions of practices, maintenance procedures and other\n\nmanagement practices to prevent or reduce odor as established by the\n\nDepartment pursuant to Section 20-11 of the Oklahoma Swine Feeding\n\nOperations Act;\n\n23. \"Occupied residence\" means a habitable structure designed\n\nand constructed for full-time occupancy in all weather conditions\n\nand:\n\na. is not readily mobile,\n\nb. is connected to a public or permanent source of\n\nelectricity and a permanent waste disposal system or\n\npublic waste disposal system, and\n\nc. is occupied as a residence;\n\n24. \"Pollution Prevention Plan\" means a written plan to control\n\nthe discharge of pollutants which has been prepared in accordance\n\nwith industry-acceptable engineering and management practices by the\n\nowner or operator of a swine feeding operation as required pursuant\n\nto Section 20-9 of this title;\n\n25. \"Process wastewater\" means any water utilized in the\n\nfacility that comes into contact with any manure, litter, bedding,\n\nraw, intermediate, or final material or product used in or resulting\n\nfrom the production of swine and any products directly or indirectly\n\nused in the operation of a facility, such as spillage or overflow\n\nfrom swine watering systems; washing, cleaning, or flushing pens,\n\nbarns, manure pits, direct contact, swimming, washing or spray\n\ncooling of swine; and dust control and any precipitation which comes\n\ninto contact with swine or swine waste;\n\n26. \"Retention structures\" means, but is not limited to, all\n\ncollection ditches, conduits and swales for the collection of runoff\n\nwater and process wastewater, and basins, ponds and lagoons or other\n\nstructures used to store swine wastes;\n\n27. \"Spill\" means the release from a swine feeding operation of\n\nany process wastewater or manure that does not reach waters of the\n\nstate;\n\n28. \"Waste facility\" means any structure or combination of\n\nstructures utilized to control swine waste until it can be disposed\n\nof in an authorized manner. The structures shall include but not be\n\nlimited to pits, burial sites, barns or roof-covered structures\n\nhousing swine, composters, waste storage sites, or retention\n\nstructures or appurtenances or additions thereto; and\n\n29. \"Waters of the state\" means all streams, lakes, ponds,\n\nmarshes, watercourses, waterways, wells, springs, irrigation\n\nsystems, drainage systems, storm sewers and all other bodies or\n\naccumulations of water, surface and underground, natural or\n\nartificial, public or private, which are contained within, flow\n\nthrough or border upon this state or any portion thereof, and shall\n\ninclude under all circumstances the waters of the United States\n\nwhich are contained within the boundaries of, flow through or border\n\nupon this state or any portion thereof. Provided, waste treatment\n\nsystems, including treatment ponds and lagoons designed to meet\n\nfederal and state requirements other than cooling ponds as defined\n\nin the Clean Water Act or rules promulgated pursuant thereto, are\n\nnot waters of the state.","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":"3f310b4ddd21e15fc450aa095092fe2c3f3f8985945f859442dd472e48add8c1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-29","next":"us-ok/okla.-stat.-tit.-2-2-20-4"},"notice":"GroundRules: Original legal text. Not legal advice."}