Okla. Stat. tit. 2, § 2-20-12

and waters of state.

A. Any hydrologic connection between wastewater and waters of

the state outside that authorized by the provisions of the Oklahoma

Swine Feeding Operations Act shall constitute a discharge to waters

of the state.

B. Except as otherwise provided by Section 20-20 of the

Oklahoma Swine Feeding Operations Act, to prevent hydrologic

connections between a retention structure and waters of the state,

all swine feeding operations in this state primarily using a liquid

swine waste management system whether or not such waste facilities

are licensed pursuant to the Oklahoma Swine Feeding Operations Act

shall:

1. Utilize a natural or geomembrane liner or other liner

constructed of synthetic materials in any retention structure

containing liquid swine waste; and

2. Provide documentation that there is no hydrologic connection

between the waters of the state and the retention structure. This

documentation shall be certified by an environmental, agricultural,

or other approved professional engineer licensed pursuant to Section

Oklahoma Statutes - Title 2. Agriculture Page 696

475.12 of Title 59 of the Oklahoma Statutes or a United States

Department of Agriculture Natural Resources Conservation Service

engineer and shall include information on the hydraulic conductivity

and thickness of the natural materials underlying and forming the

walls of the containment structure up to the maximum operating

level.

C. Except as provided by Section 20-20 of the Oklahoma Swine

Feeding Operations Act and subsection E of this section, all

retention structures of licensed managed feeding operations shall

maintain a minimum separation of ten (10) feet between the bottom of

the retention structure and the maximum historical groundwater

elevation that is measured from the bottom of the retention

structure and the highest point of the seasonal groundwater table.

Documentation of a ten-foot separation shall be established by

submission of a soil log from a soil boring extending a minimum of

ten (10) feet below the bottom of all retention structures to

ascertain the presence of groundwater or bedrock and a statement

from a professional engineer certifying the existence of the ten-

foot separation distance.

D. The State Board of Agriculture shall establish standards for

retention structures.

E. The Department of Agriculture, Food, and Forestry may allow

a separation of less than ten (10) feet but in no event less than

four (4) feet between the bottom of the retention structure and the

maximum historical groundwater elevation. In determining the

minimum separation to be required, the Department shall consider the

following factors:

1. Soil type at the retention structure;

2. Soil tests per American Standards Testing Methods (ASTM)

standards on all soils to be used as liner material;

3. Retention structure capacity;

4. Retention structure design;

5. Documentation of lack of hydrologic connection between the

waters of the state and the retention structure;

6. Depth of retention structure;

7. Type and characteristics of liner to be used; and

8. Any other relevant information.

F. 1. Licensed managed feeding operations shall install and

maintain in good working order a leak detection system or sufficient

monitoring wells both upgradient and downgradient around the

perimeter of each retention structure prior to using the retention

structure for storage of liquid waste pursuant to rules promulgated

by the State Board of Agriculture.

2. a. Samples of water shall be collected by the Oklahoma

Department of Agriculture, Food, and Forestry and

submitted for testing at least annually. The analysis

of the water samples shall be performed by a qualified

Oklahoma Statutes - Title 2. Agriculture Page 697

environmental laboratory approved by the Oklahoma

Department of Environmental Quality or by the relevant

certification agency for the state in which the
ll be collected by the Oklahoma

Department of Agriculture, Food, and Forestry and

submitted for testing at least annually. The analysis

of the water samples shall be performed by a qualified

Oklahoma Statutes - Title 2. Agriculture Page 697

environmental laboratory approved by the Oklahoma

Department of Environmental Quality or by the relevant

certification agency for the state in which the

laboratory is located and approved by the Oklahoma

Department of Agriculture, Food, and Forestry; and the

cost shall be the responsibility of the owner of the

licensed managed feeding operation.

b. The frequency of sampling set forth in subparagraph a

of this paragraph may be reduced to once every three

(3) years for those monitoring wells which have been

sampled for at least three (3) consecutive years and

have always been found to be dry. However, if any

subsequent sampling event indicates the monitoring

well is no longer dry, that monitoring well shall be

sampled pursuant to subparagraph a of this paragraph.

3. Documentation, sampling data, and any other records required

by this section shall be maintained on site for the life of the

facility.

4. Analysis from the sampling taken prior to the operation of

the facility may be considered the baseline data and shall be

retained on site for the life of the facility. If no sampling or

other baseline data is available prior to the operation of the

facility, the samples taken during the first year may be considered

the baseline data and shall be retained on site for the life of the

facility. Baseline data for the facility shall be determined based

on the best information available.

5. The Oklahoma Water Resources Board shall promulgate rules

providing for plugging of monitoring wells as appropriate.

G. Site-specific conditions shall be considered in the design

and construction of liners. Liners for retention structures shall

be designed and constructed in accordance with the provisions of

this section and generally accepted engineering practices

established by rules of the Board or as required by the federal

Environmental Protection Agency. Liners for lagoons owned or

operated by a swine feeding operation with less than one thousand

(1,000) swine animal units may be designed and constructed pursuant

to Technical Note 716 of the United States Department of Agriculture

Natural Resources Conservation Service or its current equivalent so

long as the facility is designed by the United States Department of

Agriculture Natural Resources Conservation Service.

H. 1. When a liner is installed to prevent hydrologic

connection, the licensee or the owner shall maintain the liner to

inhibit infiltration of wastewaters. Documentation of liner

maintenance shall be maintained at the facility.

2. An environmental, agricultural, or other approved

professional engineer licensed pursuant to Section 475.12 of Title

59 of the Oklahoma Statutes shall conduct a site evaluation every

Oklahoma Statutes - Title 2. Agriculture Page 698

five (5) years on the retention structure of every concentrated

swine feeding operation with such a structure and annually on every

licensed managed feeding operation to ensure liner integrity. If

the owner or operator suspects that a retention structure is

leaking, the owner or operator shall report suspected leakage to the

Department.

3. The Department shall establish a compliance schedule for

retrofitting liners of waste retention structures for licensed

managed feeding operations constructed prior to August 1, 1998, that

are located in nutrient-limited watersheds or nutrient-vulnerable

groundwaters as designated by the Oklahoma Water Resources Board and

do not have liners meeting the specifications established in this

section.

I. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of a swine feeding operation and the runoff from the
located in nutrient-limited watersheds or nutrient-vulnerable

groundwaters as designated by the Oklahoma Water Resources Board and

do not have liners meeting the specifications established in this

section.

I. All substances entering the retention structures shall be

composed entirely of wastewaters from the proper operation and

maintenance of a swine feeding operation and the runoff from the

swine feeding operation area. The disposal of any materials, other

than substances associated with proper operation and maintenance of

the facility into the containment structures, including but not

limited to human waste, is prohibited.

J. All new retention structures of licensed managed feeding

operations shall be designed for odor abatement, groundwater

protection, and nutrient conservation.

K. Documentation, sampling data, and any other records required

by this section shall be maintained on site for as long as the

facility is in operation. Samples collected during the first year

of the retention structure may be considered the baseline data and

shall be retained on site as long as the facility is in operation.

Baseline data for the facility shall be determined based on the best

information available.