{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-45","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-45","heading":"Application for license","body":"A. The State Board of Agriculture shall cause to be prepared\n\nand available, for any person desiring or required to apply for a\n\nlicense to operate a new or previously unlicensed animal feeding\n\noperation, the necessary forms and applications.\n\nB. The application for a license to operate a new or previously\n\nunlicensed animal feeding operation shall contain, as a minimum, the\n\nfollowing information:\n\n1. Name and address of the owner and operator of the facility;\n\n2. Name and address of the animal feeding operation;\n\n3. Capacity in animal units, and number and type of animals\n\nhoused or confined;\n\n4. A diagram or map and legal description showing geographical\n\nlocation of the facility on which the perimeters of the facility are\n\ndesignated, location of waters of the state, including, but not\n\nlimited to, drainage from the facility, animal waste storage\n\nfacilities and land application sites owned or leased by the\n\napplicant;\n\n5. A copy of the Pollution Prevention Plan containing an Animal\n\nWaste Management Plan, Best Management Practices, or such other plan\n\nauthorized by the Oklahoma Concentrated Animal Feeding Operations\n\nAct and approved by the Department;\n\n6. A copy of the written waiver by an adjacent property owner\n\nto the facility releasing specified setback requirements as provided\n\nby Section 44 of the Oklahoma Concentrated Animal Feeding Operations\n\nAct; and\n\n7. Any other information deemed necessary by the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry to administer the\n\nprovisions of the Oklahoma Concentrated Animal Feeding Operations\n\nAct and rules promulgated pursuant thereto.\n\nC. 1. An application for renewal of a license to operate an\n\nanimal feeding operation shall be considered to be properly filed\n\nwhen the Department has received a completed renewal application and\n\npayment of fees from the applicant.\n\n2. If the application for renewal is denied, written\n\nnotification of the denial and an opportunity for an administrative\n\nhearing on the denial shall be given to the applicant by the\n\nDepartment. The notification shall set forth the reasons for the\n\ndenial, steps necessary to meet the requirements for issuance of the\n\nrenewal license and the opportunity for the applicant to request an\n\nadministrative hearing.\n\nD. For transfer of a license to a new owner or operator, the\n\nfollowing conditions shall be met:\n\n1. The new owner or operator shall submit to the Department a\n\ntransfer application, attaching any change of conditions resulting\n\nfrom the transfer of ownership or operation;\n\n2. After receipt of the information required, the Department\n\nshall review the information, and within sixty (60) days, issue\n\napproval or denial of the transfer. Transfer of a license shall be\n\ndenied only if:\n\na. the new owner or operator cannot comply with the\n\nrequirements of transfer,\n\nb. the Department finds a material or substantial change\n\nin conditions since the issuance of the original\n\nlicense to operate the animal feeding operation,\n\nc. failure of the new owner or operator to meet any other\n\nconditions or requirements for compliance established\n\nby the Department pursuant to the Oklahoma\n\nConcentrated Animal Feeding Operations Act and rules\n\npromulgated pursuant thereto, or\n\nd. the new owner or operator has failed to meet the\n\nrequirements of Section 48 of the Oklahoma\n\nConcentrated Animal Feeding Operations Act; and\n\n3. If a transfer is denied, written notification of the denial\n\nand an opportunity for an administrative hearing on the denial shall\n\nbe given to the applicant for a transfer license by the Department.\n\nThe notification shall set forth the reasons for the denial, steps\n\nnecessary to meet the requirements for a transfer license, and the\n\nopportunity for the applicant to request an administrative hearing.\n\nE. Any suspension or revocation or nonrenewal of a license\n\nissued pursuant to the Oklahoma Concentrated Animal Feeding\nshall\n\nbe given to the applicant for a transfer license by the Department.\n\nThe notification shall set forth the reasons for the denial, steps\n\nnecessary to meet the requirements for a transfer license, and the\n\nopportunity for the applicant to request an administrative hearing.\n\nE. Any suspension or revocation or nonrenewal of a license\n\nissued pursuant to the Oklahoma Concentrated Animal Feeding\n\nOperations Act by the Board shall be made in accordance with Section\n\n48 of this act.\n\nF. In addition to other information required for issuance of a\n\nnew or transfer license, an application for a new or transfer\n\nlicense for a concentrated animal feeding operation shall contain\n\nthe following information:\n\n1. a. A statement of ownership.\n\n(1) If the applicant is a firm or partnership, the\n\nname and address of each member thereof shall be\n\nincluded in the application.\n\n(2) If the applicant is a corporation, the name and\n\naddress of the corporation and the name and\n\naddress of each officer and registered agent of\n\nthe corporation shall be included in the\n\napplication.\n\n(3) If the applicant is a partnership or other legal\n\nentity, the name and address of each partner and\n\nstockholder with an ownership interest of ten\n\npercent (10%) or more shall be included in the\n\nstatement.\n\nb. The information contained in the statement of\n\nownership shall be public information and shall be\n\navailable upon request from the Board;\n\n2. The name and address of the management, if the management is\n\nnot the applicant and is acting as agent for the applicant;\n\n3. a. An environmental history from the past three (3) years\n\nof any concentrated animal or swine feeding operation\n\nestablished and operated by the applicant or any other\n\noperation with common ownership in this state or any\n\nother state. The environmental history shall include\n\nbut not be limited to all citations, administrative\n\norders or penalties, civil injunctions or other civil\n\nactions, criminal actions, past, current and ongoing,\n\ntaken by any person, agency or court relating to\n\nnoncompliance with any environmental law, rule, agency\n\norder, or court action relating to the operation of an\n\nanimal or swine feeding operation.\n\nb. A copy of all records relating to the environmental\n\nhistory required by this paragraph shall accompany the\n\napplication.\n\nc. Noncompliance with a final agency order or final order\n\nor judgment of a court of record which has been set\n\naside by a court on appeal of the final order or\n\njudgment shall not be considered a final order or\n\njudgment for the purposes of this subsection;\n\n4. Environmental awards or citations received or pollution\n\nprevention or voluntary remediation efforts undertaken by the\n\napplicant; and\n\n5. Any other information or records required by the Department\n\nfor purposes of implementing the Oklahoma Concentrated Animal\n\nFeeding Operations Act or rules promulgated pursuant thereto.\n\nG. 1. In addition to other penalties as may be imposed by law,\n\nany person who knowingly makes any false statement, representation,\n\nor certification in, omits material data from, or tampers with any\n\napplication for a license, or notice relating to the determination\n\nof affected property owners, shall, upon conviction thereof, be\n\nguilty of a misdemeanor and may be subject to a fine of not more\n\nthan Ten Thousand Dollars ($10,000.00) for each such violation. In\n\naddition, the Department shall deny licensure to the applicant or\n\nmay require submission of a new application.\n\n2. The responsibility for ensuring that all affected property\n\nowners are notified pursuant to the provisions of this section shall\n\nbe upon the applicant.","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":"2d55e204aea4a8d39058252f39ec6b9149d6b8fe33f08bb2415dd04aba5daaff","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-44","next":"us-ok/okla.-stat.-tit.-2-2-20-46"},"notice":"GroundRules: Original legal text. Not legal advice."}