Okla. Stat. tit. 2, § 2-10-9.9

animal feeding operation – Rules.

A. In addition to the authority of the State Board of

Agriculture to make designations of a concentrated animal feeding

operation pursuant to Section 20-44 of this title, the Board shall

have the power to designate a poultry feeding operation as a

concentrated animal feeding operation as defined by Section 20-41 of

this title subject to the provisions of the Oklahoma Concentrated

Animal Feeding Operations Act after an administrative determination

that an operation has violated or is unwilling to comply with any of

the provisions of the Oklahoma Registered Poultry Feeding Operations

Act, or any rule promulgated pursuant thereto whether or not the

Oklahoma Department of Agriculture, Food, and Forestry determines

the registered poultry feeding operation to be a significant

contributor of pollution to waters of this state.

B. In order to protect the public health and safety and the

environment of this state, the Board, pursuant to the Oklahoma

Registered Poultry Feeding Operations Act, may require application

for a concentrated animal feeding operation license to establish and

operate a poultry feeding operation on and after the effective date

of this act to any person or other legal entity which:

Oklahoma Statutes - Title 2. Agriculture Page 469

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to poultry feeding operations; or

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment.

C. Any action taken in regard to the denial, suspension or

revocation of a license shall be in conformity with the rules of the

Board governing administrative procedures and with the

Administrative Procedures Act.

D. The Board shall promulgate rules which will provide a

procedure whereby any poultry feeding operation which has been

designated a concentrated animal feeding operation pursuant to this

section may have such designation removed. The rules shall require

satisfactory evidence that such designation is no longer necessary

in order to ensure that the operation will comply with all

provisions of the Oklahoma Registered Poultry Feeding Operations Act

and will not contribute to pollution of the waters of this state.