Okla. Stat. tit. 2, § 2-20-17

A. Any person who is licensed to operate a swine feeding

operation with a liquid swine waste management system within this

state shall furnish to the Oklahoma Department of Agriculture, Food,

and Forestry evidence of financial ability to comply with the

requirements for closure of retention structures and other waste

facilities as established pursuant to the provisions of this section

and rules promulgated by the State Board of Agriculture.

B. 1. To establish evidence of financial ability the

Department shall require:

a. Category A surety which shall include a financial

statement listing assets and liabilities and including

a general release that the information may be verified

with banks and other financial institutions. The

financial statement shall be confidential and shall

not be opened to public inspection. The statement

shall prove a net worth of not less than:

(1) Ten Thousand Dollars ($10,000.00) for any swine

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than three hundred (300) swine

animal units but having one thousand (1,000)

swine animal units or less,

(2) Twenty-five Thousand Dollars ($25,000.00) for any

swine feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than one thousand (1,000) swine

animal units but less than two thousand (2,000)

swine animal units, or

(3) Fifty Thousand Dollars ($50,000.00) for any swine

feeding operation licensed pursuant to the

Oklahoma Swine Feeding Operations Act having a

capacity of more than two thousand (2,000) swine

animal units, or

b. Category B surety which shall include an irrevocable

commercial letter of credit, cash, a cashier's check,

a Certificate of Deposit, Bank Joint Custody Receipt,

Oklahoma Statutes - Title 2. Agriculture Page 703

other negotiable instrument or a blanket surety bond.

Except as provided in paragraph 2 of this subsection,

amount of such letter of credit, cash, check,

certificate, bond, receipt or other negotiable

instrument shall be in the amount of Twenty-five

Thousand Dollars ($25,000.00). The Department is

authorized to determine the amount of Category B

surety based upon the past performance of the owner or

operator regarding compliance with the laws of this

state, and any rules promulgated pursuant thereto.

Any instrument shall constitute an unconditional

promise to pay and be in a form negotiable by the

Department.

2. The Department upon certification by any swine feeding

operation subject to Category B surety that its liability statewide

is less than the twenty-five-thousand-dollar standard specified in

this section may allow the owner or operator to provide Category B

type surety in an amount less than the required Twenty-five Thousand

Dollars ($25,000.00), but at least sufficient to cover the estimated

cost of all closure and removal operations currently the

responsibility of that owner or operator.

C. 1. Any swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act which does

not have any outstanding contempt citations or fines may post

Category A surety.

2. Any swine feeding operation licensed pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act which does

have outstanding fines or contempt citations shall be required to

post Category B surety. Swine feeding operations which have posted

Category B surety and have operated under this type surety and have

no outstanding fines at the end of three (3) years may post Category

A surety.

D. For good cause shown concerning pollution by the swine

feeding operations posting either Category A or B surety, the

Department, after notice and hearing, may require the filing of

additional Category B surety in an amount greater than Twenty-five

Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)
utstanding fines at the end of three (3) years may post Category

A surety.

D. For good cause shown concerning pollution by the swine

feeding operations posting either Category A or B surety, the

Department, after notice and hearing, may require the filing of

additional Category B surety in an amount greater than Twenty-five

Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00)

times the number of swine animal units for the facility being

licensed.

E. 1. If the Department, after notice and an opportunity for

hearing, determines that the swine feeding operation licensed

pursuant to the provisions of the Oklahoma Swine Feeding Operations

Act has neglected, failed, or refused to close any surface

impoundment, or remove or cause to be removed any equipment, or has

abandoned the facility, then the swine feeding operation shall be

deemed to have forfeited the letter of credit or negotiable

instrument required by this section or shall pay to this state, for

Oklahoma Statutes - Title 2. Agriculture Page 704

deposit in the State Treasury, a sum equal to the cost of closure of

any surface impoundment or removal of equipment.

2. The Department may cause the remedial work to be done,

issuing a warrant in payment of the cost thereof drawn against the

monies accruing in the State Treasury from the forfeiture or

payment.

3. The Department shall also recover any costs arising from

litigation to enforce this provision. Provided, before a swine

feeding operation is required to forfeit or pay any monies to the

state pursuant to this section, the Department shall notify the

swine feeding operation at the last-known address of the

determination of neglect, failure or refusal to close any surface

impoundment or remove equipment and the swine feeding operation

shall have ten (10) days from the date of notification within which

to commence remedial operations. Failure to commence remedial

operations shall result in forfeiture or payment as provided in this

subsection.

F. If title to a swine feeding operation is transferred, the

transferee shall furnish the evidence of financial ability to close

surface impoundments required by the provisions of this section,

prior to the transfer.