{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-6","heading":"Licensure – Modification – Designation of operations","body":"A. 1. Any swine feeding operation meeting the criteria\n\ndefining a concentrated swine feeding operation shall be required to\n\nobtain a license to operate pursuant to the Oklahoma Swine Feeding\n\nOperations Act and rules promulgated pursuant thereto.\n\n2. No swine feeding operation which voluntarily obtains a\n\nlicense pursuant to the Oklahoma Swine Feeding Operations Act shall\n\nbe considered to be a concentrated swine feeding operation unless\n\nthe operation meets the definition of concentrated swine feeding\n\noperation.\n\n3. Any other swine feeding operation, regardless of the number\n\nof swine, shall only be required to be licensed pursuant to the\n\nprovisions of the Oklahoma Swine 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.\n\nB. 1. Two or more swine feeding operations under common\n\nownership are considered, for the purposes of licensure, to be a\n\nsingle swine feeding operation if they adjoin each other or if they\n\nuse a common area or system for the disposal of wastes.\n\n2. A licensed managed feeding operation shall be required to\n\nseek a modification of its license for any increase in excess of\n\nfive percent (5%) of the original facility's licensed capacity.\n\nC. An expanding operation shall be required to seek a\n\nmodification of its license prior to expansion.\n\nD. 1. The Board may make a case-by-case designation of\n\nconcentrated swine feeding operations pursuant to this section. Any\n\nswine feeding operation may be designated as a concentrated swine\n\nfeeding operation if it is determined to be a significant\n\ncontributor of pollution to the waters of the state. In making this\n\ndesignation, the Board shall consider the following factors:\n\na. the size of the swine feeding operation and the amount\n\nof wastes reaching waters of the state,\n\nb. the location of the swine feeding operation relative\n\nto waters of the state,\n\nc. the means of conveyance of swine waste and wastewater\n\ninto waters of the state,\n\nd. the method of disposal for swine 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\nswine wastes and process wastewaters into waters of\n\nthe state, and\n\nf. other 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 a swine 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 swine feeding\n\noperation. Should the Department determine that the operation is a\n\nconcentrated swine 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\nE. No new concentrated swine feeding operation or expansion of\n\na concentrated swine feeding operation requiring a license pursuant\na\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\nE. No new concentrated swine feeding operation or expansion of\n\na concentrated swine feeding operation requiring a license pursuant\n\nto the Oklahoma Swine Feeding Operations Act shall be constructed or\n\nplaced in operation unless final design plans, specifications and a\n\nPollution Prevention Plan developed pursuant to Section 20-9 of this\n\ntitle have been approved by the Department.\n\nF. No new licensed managed feeding operation or expanding\n\noperation shall be constructed until a building permit for such\n\nfacility or expansion has been issued by the Department. No new\n\nlicensed managed feeding operation or expanding operation shall be\n\nplaced in operation until a license for the facility or a\n\nmodification for an existing license has been issued by the\n\nDepartment.\n\nG. When requesting a modification of a license, a licensed\n\nmanaged feeding operation shall comply with all notice and hearing\n\nrequirements as specified by this section and rules promulgated by\n\nthe State Board of Agriculture. In its request for a modification\n\nof a license, a licensed managed feeding operation shall provide all\n\ninformation specified in subsection G of Section 20-7 of this title.\n\nH. Any hearings regarding modification of a license shall focus\n\non the modifications being proposed by the licensed managed feeding\n\noperation.\n\nI. A decision to deny modification of a license shall have no\n\nimpact on the original license.","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":"a480c22643997afcb4228476aee733bf86f9a94c0f054936dd654eccec861bdc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-59","next":"us-ok/okla.-stat.-tit.-2-2-20-60"},"notice":"GroundRules: Original legal text. Not legal advice."}