{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-44","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-44","heading":"Mandatory and voluntary licensure - Designation of","body":"operations.\n\nA. 1. Any animal feeding operation meeting the criteria\n\ndefining a concentrated animal feeding operation shall be required\n\nto obtain a license to operate pursuant to the Oklahoma Concentrated\n\nAnimal Feeding Operations Act and rules promulgated pursuant\n\nthereto.\n\n2. No animal feeding operation which voluntarily obtains a\n\nlicense pursuant to the Oklahoma Concentrated Animal Feeding\n\nOperations Act shall be considered to be a concentrated animal\n\nfeeding operation unless the operation meets the definition of\n\nconcentrated animal feeding operation.\n\n3. Any animal feeding operation other than a concentrated\n\nanimal feeding operation, regardless of the number of animals, shall\n\nonly be required to be licensed pursuant to the provisions of the\n\nOklahoma Concentrated Animal Feeding Operations Act and rules\n\npromulgated pursuant thereto if the State Board of Agriculture\n\ndetermines the operation to be a significant contributor of\n\npollution to waters of the state pursuant to subsection C of this\n\nsection.\n\nB. Two or more animal feeding operations under common ownership\n\nare considered, for the purposes of licensure, to be a single animal\n\nfeeding operation if they adjoin each other or if they use a common\n\narea or system for the disposal of wastes.\n\nC. 1. The State Board of Agriculture may make a case-by-case\n\ndesignation of concentrated animal feeding operations pursuant to\n\nthis section. Any animal feeding operation may be designated as a\n\nconcentrated animal feeding operation if it is determined to be a\n\nsignificant contributor of pollution to the waters of the state. In\n\nmaking this designation, the Board shall consider the following\n\nfactors:\n\na. the size of the animal feeding operation and the\n\namount of wastes reaching waters of the state,\n\nb. the location of the animal feeding operation relative\n\nto waters of the state,\n\nc. the means of conveyance of animal waste and wastewater\n\ninto waters of the state,\n\nd. the method of disposal for animal waste and process\n\nwastewater disposal,\n\ne. the slope, vegetation, rainfall and other factors\n\naffecting the likelihood or frequency of discharge of\n\nanimal wastes and process wastewaters into waters of\n\nthe state, and\n\nf. other such factors relative to the significance of the\n\npollution problem sought to be regulated.\n\n2. In no case shall an application for a license be required\n\nfrom an animal feeding operation pursuant to this subsection until\n\nthere has been an on-site inspection of the operation and a\n\ndetermination by the Oklahoma Department of Agriculture, Food, and\n\nForestry that the operation is a concentrated animal feeding\n\noperation. Should the Department determine that the operation is a\n\nconcentrated animal feeding operation, the Department shall notify\n\nthe operation of the determination and of an opportunity for the\n\nowner or operator of the facility to request an administrative\n\nhearing on the issue.\n\n3. Process wastewater in the overflow may be discharged to\n\nnavigable waters whenever rainfall events, either chronic or\n\ncatastrophic, cause an overflow of process wastewater from a\n\nretention structure properly designed, constructed and operated to\n\ncontain all process wastewaters plus the runoff from a twenty-five-\n\nyear, twenty-four-hour rainfall event for the location of the point\n\nsource. There shall be no effluent limitations on discharges from a\n\nwaste facility constructed, and properly maintained to contain the\n\ntwenty-five-year, twenty-four-hour storm event; provided the proper\n\ndesign, construction, and operation of the retention structure shall\n\ninclude, but not be limited to, one (1) foot of free board.\n\nD. No new concentrated animal feeding operation or expansion of\n\na concentrated animal feeding operation requiring a license pursuant\n\nto the Oklahoma Concentrated Animal Feeding Operations Act shall be\nenty-five-year, twenty-four-hour storm event; provided the proper\n\ndesign, construction, and operation of the retention structure shall\n\ninclude, but not be limited to, one (1) foot of free board.\n\nD. No new concentrated animal feeding operation or expansion of\n\na concentrated animal feeding operation requiring a license pursuant\n\nto the Oklahoma Concentrated Animal Feeding Operations Act shall be\n\nconstructed or placed in operation unless final design plans,\n\nspecifications and a Pollution Prevention Plan developed pursuant to\n\nSection 35 of this act have been approved by the Department.","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":"b2250bf47439f444690d6ae6fd3048a2c73e634d50a9f931aed5b492c5d9db10","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-42","next":"us-ok/okla.-stat.-tit.-2-2-20-45"},"notice":"GroundRules: Original legal text. Not legal advice."}