Okla. Stat. tit. 2, § 2-20-10

A. 1. All licensed managed feeding operations shall utilize

Best Management Practices meeting the conditions and requirements

established by subsection B of this section and by rules promulgated

by the State Board of Agriculture pursuant to the Oklahoma Swine

Feeding Operations Act.

2. Swine feeding operations licensed pursuant to the provisions

of the Oklahoma Swine Feeding Operations Act other than licensed

managed feeding operations shall utilize Best Management Practices,

or may substitute for best management practice equivalent measures

contained in a site-specific Swine Waste Management Plan meeting the

conditions and requirements established by subsection C of this

Oklahoma Statutes - Title 2. Agriculture Page 691

section and by rules promulgated by the Board pursuant to the

Oklahoma Swine Feeding Operations Act.

B. The criteria for Best Management Practices shall be

promulgated by rule by the Board, based upon existing physical and

economic conditions, opportunities and constraints and shall

include, but not be limited to, the following:

1. There shall be no discharge of process wastewater to waters

of the state except in accordance with the provisions of the

Oklahoma Swine Feeding Operations Act;

2. Swine waste shall be isolated from outside surface drainage

by ditches, dikes, berms, terraces or other such structures except

for a twenty-five-year, twenty-four-hour rainfall event;

3. No waters of the state shall come into direct contact with

the swine confined on the swine feeding operation;

4. Swine waste handling, treatment, management and removal

shall:

a. not create an environmental or a public health hazard,

b. not result in the contamination of public or private

drinking water supplies,

c. conform with Oklahoma Water Quality Standards,

d. comply with the Odor Abatement Plan for licensed

managed feeding operations and shall not otherwise

create unnecessary and unreasonable odors. Odors are

unnecessary and unreasonable if odors may be reduced

by more efficient management practices at a reasonable

expense,

e. not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife, or to migratory birds,

f. conform to the Pest Management Plans for licensed

managed feeding operations as required by rules

promulgated by the State Board of Agriculture,

g. conform to such other handling, treatment and

management and removal requirements deemed necessary

by the Oklahoma Department of Agriculture, Food, and

Forestry to implement the Oklahoma Swine Feeding

Operations Act and rules promulgated pursuant thereto,

and

h. ensure that watersheds and groundwater are adequately

protected;

5. If, for any reason, there is a discharge other than a spill

of less than one hundred (100) gallons, the licensee is required to

make immediate notification to the Department. The report of the

discharge shall include:

a. a description and cause of the discharge, including a

description of the flow path to the receiving water

body,

Oklahoma Statutes - Title 2. Agriculture Page 692

b. an estimation of the flow rate and volume discharged,

c. the period of discharge, including exact dates and

times, and if not already corrected, the anticipated

time the discharge is expected to continue,

d. steps taken to reduce, eliminate and prevent

recurrence of the discharge, and

e. test results for fecal coliform bacteria, five-day

biochemical oxygen demand (BOD5), total suspended

solids (TSS), ammonia nitrogen, total Kjeldahl

nitrogen (TKN), any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of
any pesticides which the operator has

reason to believe could be in the discharge, or other

parameters as required by the Department which the

Department has reason to believe could be in the

discharge;

6. Notwithstanding the provisions of paragraph 5 of this

subsection, any spill that leaves the property owned or controlled

by the licensee shall be reported to the Department regardless of

total number of gallons spilled; and

7. The Department shall maintain records of all discharges and

shall separately maintain records of all spills.

C. The Swine Waste Management Plan shall include at a minimum:

1. Swine waste removal procedures;

2. Records of inspections of retention structures, including,

but not limited to, specific measurement of wastewater level;

3. All calculations in determining land application rates,

acreage and crops for the land application rate of both solid and

liquid swine wastes on land owned or controlled by the licensee;

4. Requirements including that:

a. (1) land application of swine waste shall not exceed

the nitrogen uptake of the crop coverage or

planned crop planting with any land application

of wastewater or manure. Where local water

quality is threatened by phosphorous, in no case

shall the applicant or licensee exceed the

application rates in the most current Natural

Resources Conservation Service publication titled

Waste Utilization Standard, and

(2) timing and rate of applications shall be in

response to crop needs, expected precipitation

and soil conditions,

b. land application practices shall be managed so as to

reduce or minimize:

(1) the discharge of process water or swine waste to

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

Oklahoma Statutes - Title 2. Agriculture Page 693

c. facilities including waste retention structures, waste

storage sites, ponds, pipes, ditches, pumps, and

diversion and irrigation equipment shall be maintained

to ensure the ability to fully comply with the terms

of the Oklahoma Swine Feeding Operations Act, and

d. adequate equipment and land application area shall be

available for removal of waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Other information deemed necessary by the Department to

administer the provisions of the Oklahoma Swine Feeding Operations

Act and rules promulgated pursuant thereto.

D. Records shall be maintained of all swine wastes applied on

land owned or controlled by the licensee, and sold or given to other

persons for disposal.

E. If the swine waste from a licensed managed feeding operation

is sold or given to other persons for land application or disposal,

the licensed managed feeding operation shall maintain a log of: date

of removal from the swine feeding operation; names of such other

persons; and amount, in wet tons, dry tons or cubic yards, of swine

waste removed from the swine feeding operation.

F. 1. If the swine waste is to be land applied by other

persons, a licensed managed feeding operation shall make available

to such other person the most current sample analysis of the swine

waste.

2. In addition, the licensed managed feeding operation shall

notify, in writing, any person to whom the swine waste is sold or

given of the land application disposal requirements for swine waste

as specified by the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto.

3. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall keep the following

records that shall be maintained for a period of three (3) years and

provided to the Department upon request:

a. a copy of the sample analysis of the swine waste

provided by the licensed managed feeding operation,

b. a copy of the written notification of requirements for

swine waste land application requirements provided by

the licensed managed feeding operation to the person
the following

records that shall be maintained for a period of three (3) years and

provided to the Department upon request:

a. a copy of the sample analysis of the swine waste

provided by the licensed managed feeding operation,

b. a copy of the written notification of requirements for

swine waste land application requirements provided by

the licensed managed feeding operation to the person

obtaining the swine waste,

c. current soil test results,

d. swine waste application records, rates, and date of

application, and

e. any other record required by the Department.

4. Any person who obtains swine waste from a licensed managed

feeding operation for land application shall certify to the

Department that the person agrees to accept the swine waste, has

Oklahoma Statutes - Title 2. Agriculture Page 694

knowledge of the law and rules regarding land application of swine

waste, and agrees to follow the law and rules regarding the land

application of swine waste.

G. Soils in areas in which swine waste is applied shall be

analyzed, annually, for phosphates, nitrates and soil pH prior to

the first application of the swine waste in the calendar year. A

copy of the results of the analysis shall be submitted to the

Department upon request by the Department. Such analysis shall be

retained by the swine feeding operation as long as the facility is

in operation.

H. Every swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act shall

develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead swine shall be disposed of in accordance with a carcass

disposal plan developed by the applicant or licensee and approved by

the Department.

2. The plan shall include provisions for the disposal of

carcasses associated with normal mortality, with emergency disposal

when a major disease outbreak or other emergency results in deaths

significantly higher than normal mortality rates and other

provisions which will provide for a decrease in the possibility of

the spread of disease and prevent the contamination of waters of the

state. The plan shall comply with rules promulgated by the

Department.