Okla. Stat. tit. 2, § 2-10-9.1

Operations Act – Definitions.

A. Sections 10-9.1 through 10-9.12 of this title shall be known

and may be cited as the "Oklahoma Registered Poultry Feeding

Operations Act".

B. As used in Sections 10-9.1 through 10-9.23 of this title:

1. "Best Management Practices" or "BMPs" means schedules of

activities, prohibitions of practices, maintenance procedures, and

other management practices which prevent or reduce the pollution of

waters of the state as established by the Oklahoma Department of

Agriculture, Food, and Forestry pursuant to Section 10-9.7 of this

title;

Oklahoma Statutes - Title 2. Agriculture Page 457

2. "Board" means the State Board of Agriculture;

3. "Certificate" means a written document issued to an

individual by the Board pursuant to Section 10-9.17 of this title

which indicates that the individual is authorized to land-apply

poultry waste by the Oklahoma Poultry Waste Applicators

Certification Act;

4. "Certified poultry waste applicator" means a person who has

been certified by the Board to land-apply poultry waste and includes

a commercial poultry waste applicator and a private poultry waste

applicator;

5. "Commercial poultry waste applicator" means any person who

engages in commercial land-application of poultry waste. Any farmer

while working for a neighbor in agricultural production, and not

advertising, nor holding himself or herself out to be in the

business of land-applying poultry waste, shall not be classified as

a commercial poultry waste applicator, but as a private poultry

waste applicator;

6. "Contract growing arrangement" means any growout contract,

marketing agreement, or other arrangement under which a contract

poultry grower cares for or raises poultry;

7. "Contract poultry grower" means any person engaged in the

business of caring for or raising poultry, under a contract growing

arrangement;

8. "Common ownership" includes but is not limited to any person

who has power or authority to manage, direct, restrict, regulate or

oversee the operation or has financial control of two or more

poultry feeding operations;

9. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

10. "Expanding operation" means a registered poultry feeding

operation that seeks to increase its registered capacity in excess

of ten percent (10%) of the facility's original registered capacity;

11. "Facility" means any place, site or location or part

thereof where poultry are kept, handled, housed or otherwise

maintained including but not limited to buildings, lots, pens, and

poultry waste management systems;

12. "Integrator" means an entity which unites the elements

associated with the poultry industry, including but not limited to

hatching, feeding, processing, and marketing. It includes, but is

not limited to, situations when growing is contracted out to others

and when the integrator operates its own growing facilities;

13. "Land-application" means the spreading on, or incorporation

into, the soil mantle primarily for beneficial purposes;

14. "Nutrient Management Plan" means a written plan that

includes a combination of conservation and management practices

designed to protect the natural resources of the state as required

by the Oklahoma Department of Agriculture, Food, and Forestry

Oklahoma Statutes - Title 2. Agriculture Page 458

pursuant to the provisions of Section 10-9.7 of this title and shall

also include a certified nutrient management plan and animal waste

management plan;

15. "Operator" means the person who performs the daily

management functions associated with the poultry feeding operation;

16. "Person" means an individual, association, partnership,

firm, company, public trust, corporation, joint stock company, trust

estate, any other legal entity, or any agent, employee,

representative assignor or successor thereof;

17. "Nutrient-limited watershed" means a watershed of a water
the person who performs the daily

management functions associated with the poultry feeding operation;

16. "Person" means an individual, association, partnership,

firm, company, public trust, corporation, joint stock company, trust

estate, any other legal entity, or any agent, employee,

representative assignor or successor thereof;

17. "Nutrient-limited watershed" means a watershed of a water

body which is designated as "nutrient-limited" in the most recent

Oklahoma Water Quality Standards;

18. "Nutrient-vulnerable groundwater" means groundwater which

is designated "nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

19. "Poultry" includes chickens, turkeys, ducks, geese, and any

other domesticated bird used for human food and/or animal feed;

20. "Poultry feeding operation" means a property or facility

where the following conditions are met:

a. poultry have been, are or will be confined and fed or

maintained for a total of forty-five (45) days or more

in any twelve-month period,

b. crops, vegetation, forage growth or post-harvest

residues are not sustained in the normal growing

season over any portion of the property or facility,

and

c. producing over ten (10) tons of poultry waste per

year;

21. "Poultry waste" means poultry excrement, poultry carcasses,

feed wastes, bedding materials, or any other waste associated with

the confinement of poultry from a poultry feeding operation;

22. "Poultry waste management system" means a combination of

structures and practices serving a poultry feeding operation that

provides for the collection, treatment, disposal, distribution,

storage, and land-application of poultry waste;

23. "Private poultry waste applicator" means any person who is

not a commercial poultry waste applicator but engages in the land

application of poultry waste for purposes including, but not limited

to, producing any agricultural commodity on property owned or rented

by the person or such person's employer, or if applied without

compensation other than trading of personal services between

producers of agricultural commodities, on the property of another

person;

24. "Waste facility" means any structure or combination of

structures utilized to control poultry waste until it can be

utilized in an authorized manner; and

Oklahoma Statutes - Title 2. Agriculture Page 459

25. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers, and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof. Process wastewaters shall

not be considered as waters of the state if contaminated at the

site.