Okla. Stat. tit. 2, § 2-20-41

A. Concentrated animal feeding operations are point sources

subject to the license program established pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act.

B. As used in the Oklahoma Concentrated Animal Feeding

Operations Act:

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

one (1) mile of the designated perimeter of an animal feeding

operation;

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

following conditions are met:

a. animals 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.

The term "animal feeding operation" shall not include a racetrack

licensed by the Oklahoma Horse Racing Commission to hold pari-mutuel

race meetings pursuant to the Oklahoma Horse Racing Act if the

facility discharges to a publicly owned treatment works, or an

aquatic animal production facility;

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

feeding operation calculated by adding the following numbers: The

number of slaughter and feeder cattle multiplied by one (1), plus

Oklahoma Statutes - Title 2. Agriculture Page 714

the number of mature dairy cattle multiplied by one and four-tenths

(1.4), plus the number of sheep multiplied by one-tenth (0.1), plus

the number of horses multiplied by two (2);

4. "Animal waste" means animal excrement, animal carcasses,

feed wastes, process wastewaters or any other waste associated with

the confinement of animals from an animal feeding operation;

5. "Animal 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 an animal feeding

operation as required by the Department pursuant to the provisions

of Section 20-48 of this title;

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

structures and nonstructural practices serving an animal feeding

operation that provides for the collection, treatment, disposal,

distribution, storage and land application of animal waste;

7. "Artificially constructed" means constructed by humans;

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 20-48 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 animal feeding operation" means:

a. an animal feeding operation which meets the following

criteria:

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

of the following categories are confined:

(a) 1,000 slaughter and feeder cattle,

(b) 700 mature dairy cattle, whether milk or dry

cows,

(c) 500 horses,

(d) 10,000 sheep or lambs,

(e) 55,000 turkeys,

(f) 100,000 laying hens or broilers, if the

facility has continuous overflow watering,

(g) 30,000 laying hens or broilers, if the

facility has a liquid manure system,

(h) 5,000 ducks, or
ny

of the following categories are confined:

(a) 1,000 slaughter and feeder cattle,

(b) 700 mature dairy cattle, whether milk or dry

cows,

(c) 500 horses,

(d) 10,000 sheep or lambs,

(e) 55,000 turkeys,

(f) 100,000 laying hens or broilers, if the

facility has continuous overflow watering,

(g) 30,000 laying hens or broilers, if the

facility has a liquid manure system,

(h) 5,000 ducks, or

(i) 1,000 animal units, and

(2) pollutants are discharged into waters of the

state.

Oklahoma Statutes - Title 2. Agriculture Page 715

Provided, no animal feeding operation pursuant to this

subparagraph shall be construed to be a concentrated

animal feeding operation if the animal feeding

operation discharges only in the event of a twenty-

five-year, twenty-four-hour storm event, or

b. an animal feeding operation which meets the following

criteria:

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

of the following categories are confined:

(a) 300 slaughter or feeder cattle,

(b) 200 mature dairy cattle, whether milk or dry

cows,

(c) 150 horses,

(d) 3,000 sheep or lambs,

(e) 16,500 turkeys,

(f) 30,000 laying hens or broilers, if the

facility has continuous overflow watering,

(g) 9,000 laying hens or broilers, if the

facility has a liquid manure system,

(h) 1,500 ducks, or

(i) 300 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 animals confined in the

operation.

Provided, however, that no animal feeding operation

pursuant to this subparagraph is a concentrated animal

feeding operation if the animal feeding operation

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

twenty-four-hour storm event, or

c. the Board determines that the operation is a

significant contributor of pollution to waters of the

state pursuant to Section 20-44 of this title;

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 animal 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-

Oklahoma Statutes - Title 2. Agriculture Page 716

covered structures housing animals, composters, waste storage sites,

or retention structures or appurtenances or additions thereto;

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

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

maintained and processed and includes but is not limited to

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

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

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

20-46 of this title;

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

of, animal waste into the soil mantle primarily for beneficial

purposes;

17. "Liquid animal waste management system" means any animal

waste management system which uses water as the primary carrier of

the waste into a primary retention structure;

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

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

Oklahoma Water Quality Standards;

19. "Nutrient-vulnerable groundwater" means groundwater which

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

Water Quality Standards;

20. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

which:

a. is not readily mobile,

b. is connected to a public or permanent source of
homa Water Quality Standards;

19. "Nutrient-vulnerable groundwater" means groundwater which

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

Water Quality Standards;

20. "Occupied residence" means a habitable structure designed

and constructed for full-time occupancy in all weather conditions

which:

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;

21. "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 an animal feeding operation as required

pursuant to Section 20-47 of this title;

22. "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 animals and any products directly or

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

overflow from animal watering systems; washing, cleaning, or

flushing pens, barns, manure pits, direct contact, swimming, washing

or spray cooling of animals; and dust control and any precipitation

which comes into contact with animals or animal waste;

23. "Retention structures" includes 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 animal wastes;

Oklahoma Statutes - Title 2. Agriculture Page 717

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

structures utilized to control animal 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 animals, composters, waste storage sites, or retention

structures or appurtenances or additions thereto; and

25. "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

in the Clean Water Act or rules promulgated pursuant thereto are not

waters of the state.