Okla. Stat. tit. 2, § 2-20-3

Oklahoma Statutes - Title 2. Agriculture Page 673

A. Concentrated swine feeding operations are point sources

subject to the license program established pursuant to the

provisions of the Oklahoma Swine Feeding Operations Act.

B. As used in the Oklahoma Swine Feeding Operations Act:

1. "Affected property owner" means a surface landowner within:

a. one (1) mile of the designated perimeter of a swine

feeding operation which:

(1) does not meet the definition of a licensed

managed feeding operation, or

(2) is previously unlicensed or an expanding licensed

managed feeding operation with a capacity of two

thousand (2,000) or less swine animal units, or

b. two (2) miles of the designated perimeter of a

licensed managed feeding operation or an expanding

operation with a capacity of more than two thousand

(2,000) swine animal units for which a license is

being sought;

2. "Swine feeding operation" means a lot or facility where the

following conditions are met:

a. swine have been, are, or will be stabled or confined

and fed or maintained for a total of ninety (90)

consecutive days or more in any twelve-month period,

and

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

residues are not sustained in the normal growing

season over any portion of the lot or facility;

3. "Swine animal unit" means a unit of measurement for any

swine feeding operation calculated by adding the following numbers:

The number of swine weighing over twenty-five (25) kilograms,

approximately fifty-five (55) pounds, multiplied by four-tenths

(0.4), plus the number of weaned swine weighing under twenty-five

(25) kilograms multiplied by one-tenth (0.1);

4. "Swine waste" means swine excrement, swine carcasses, feed

wastes, process wastewaters or any other waste associated with the

confinement of swine from a swine feeding operation;

5. "Swine Waste Management Plan" or "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 prepared by an owner or operator of a swine feeding

operation as required by the Department pursuant to the provisions

of Section 20-10 of this title;

6. "Swine waste management system" means a combination of

structures and nonstructural practices serving a swine feeding

operation that provides for the collection, treatment, disposal,

distribution, storage and land application of swine waste;

7. "Artificially constructed" means constructed by humans;

Oklahoma Statutes - Title 2. Agriculture Page 674

8. "Best Management Practices" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce the pollution of waters of

the state as established by the Oklahoma Department of Agriculture,

Food, and Forestry pursuant to Section 20-10 of this title;

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

10. "Common ownership" includes but is not limited to any

corporation, partnership or individual where the same owner has

power or authority to manage, direct, restrict, regulate or oversee

the operation or has financial control of the facility;

11. "Concentrated swine feeding operation" means:

a. a licensed managed feeding operation,

b. a swine feeding operation which meets the following

criteria:

(1) more than the number of swine specified in any of

the following categories are confined:

(a) 750 swine each weighing over 25 kilograms or

approximately 55 pounds,

(b) 3,000 weaned swine each weighing under 25

kilograms, or

(c) 300 swine animal units, and

(2) either one of the following conditions are met:

(a) pollutants are discharged into waters of the

state through an artificially constructed

ditch, flushing system or other similar

artificially constructed device, or
ined:

(a) 750 swine each weighing over 25 kilograms or

approximately 55 pounds,

(b) 3,000 weaned swine each weighing under 25

kilograms, or

(c) 300 swine animal units, and

(2) either one of the following conditions are met:

(a) pollutants are discharged into waters of the

state through an artificially constructed

ditch, flushing system or other similar

artificially constructed device, or

(b) pollutants are discharged directly into

navigable waters which originate outside of

and pass over, across or through the

facility or otherwise come into direct

contact with the swine confined in the

operation.

Provided, however, that no swine feeding operation

pursuant to this subparagraph is a concentrated swine

feeding operation if the swine feeding operation

discharges only in the event of a twenty-five-year,

twenty-four-hour storm event,

c. the Board determines that the operation is a

significant contributor of pollution to waters of the

state pursuant to Section 20-6 of this title, or

d. any new swine feeding operation established after

November 1, 2011, with more than one hundred (100)

animal units;

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

Food, and Forestry;

13. "Designated perimeter" means the perimeter of any structure

or combination of structures utilized to control swine waste until

Oklahoma Statutes - Title 2. Agriculture Page 675

it can be disposed of in an authorized manner. Structures shall

include but not be limited to pits, burial sites, barns or roof-

covered structures housing swine, composters, waste storage sites,

or retention structures or appurtenances or additions thereto;

14. "Expanding operation" means:

a. a facility that either increases its swine animal unit

capacity to a number that causes the facility to

initially meet the definition of a licensed managed

feeding operation, or

b. a licensed managed feeding operation that seeks to

increase its licensed capacity in excess of five

percent (5%) of the original facility's licensed

capacity;

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

thereof where swine are kept, handled, housed, or otherwise

maintained and processed and includes but is not limited to

buildings, lots, pens, and swine waste management systems;

16. "Interested party" means an affected property owner found

to meet the burden of proof pursuant to the provisions of Section

20-8 of this title;

17. "Land application" means the spreading on, or incorporation

of swine waste into the soil mantle primarily for beneficial

purposes;

18. "Licensed managed feeding operations" means a swine feeding

operation primarily using a liquid swine waste management system,

where swine are primarily housed in a roof-covered structure and

which has more than the number of swine specified in any of the

following categories confined:

a. 2,500 swine each weighing over 55 pounds,

b. 10,000 weaned swine each weighing under 55 pounds, or

c. any combination of swine weighing over 55 pounds or

under 55 pounds which would equal one thousand (1,000)

swine animal units;

19. "Liquid swine waste management system" means any swine

waste management system which uses water as the primary carrier of

swine waste into a primary retention structure;

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

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

Oklahoma Water Quality Standards;

21. "Nutrient-vulnerable groundwater" means groundwater which

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

Water Quality Standards;

22. "Odor Abatement Plan" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce odor as established by the

Department pursuant to Section 20-11 of the Oklahoma Swine Feeding

Operations Act;

Oklahoma Statutes - Title 2. Agriculture Page 676
"nutrient-vulnerable" in the most recent Oklahoma

Water Quality Standards;

22. "Odor Abatement Plan" means schedules of activities,

prohibitions of practices, maintenance procedures and other

management practices to prevent or reduce odor as established by the

Department pursuant to Section 20-11 of the Oklahoma Swine Feeding

Operations Act;

Oklahoma Statutes - Title 2. Agriculture Page 676

23. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

and:

a. is not readily mobile,

b. is connected to a public or permanent source of

electricity and a permanent waste disposal system or

public waste disposal system, and

c. is occupied as a residence;

24. "Pollution Prevention Plan" means a written plan to control

the discharge of pollutants which has been prepared in accordance

with industry-acceptable engineering and management practices by the

owner or operator of a swine feeding operation as required pursuant

to Section 20-9 of this title;

25. "Process wastewater" means any water utilized in the

facility that comes into contact with any manure, litter, bedding,

raw, intermediate, or final material or product used in or resulting

from the production of swine and any products directly or indirectly

used in the operation of a facility, such as spillage or overflow

from swine watering systems; washing, cleaning, or flushing pens,

barns, manure pits, direct contact, swimming, washing or spray

cooling of swine; and dust control and any precipitation which comes

into contact with swine or swine waste;

26. "Retention structures" means, but is not limited to, all

collection ditches, conduits and swales for the collection of runoff

water and process wastewater, and basins, ponds and lagoons or other

structures used to store swine wastes;

27. "Spill" means the release from a swine feeding operation of

any process wastewater or manure that does not reach waters of the

state;

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

structures utilized to control swine waste until it can be disposed

of in an authorized manner. The structures shall include but not be

limited to pits, burial sites, barns or roof-covered structures

housing swine, composters, waste storage sites, or retention

structures or appurtenances or additions thereto; and

29. "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. Provided, waste treatment

systems, including treatment ponds and lagoons designed to meet

federal and state requirements other than cooling ponds as defined

Oklahoma Statutes - Title 2. Agriculture Page 677

in the Clean Water Act or rules promulgated pursuant thereto, are

not waters of the state.