Okla. Stat. tit. 2, § 2-20-48

Plans.

A. Animal feeding operations licensed pursuant to the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act shall utilize Best Management Practices, or may substitute for

best management practice equivalent measures contained in a site-

specific Animal Waste Management Plan meeting the conditions and

requirements established by subsection C of this section and by

rules promulgated by the Board pursuant to the Oklahoma Concentrated

Animal 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 Concentrated Animal Feeding Operations Act;

2. Animal 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 animals confined on the animal feeding operation;

4. Animal 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. not violate any state or federal laws relating to

endangered or threatened species of plant, fish or

wildlife or to migratory birds,

e. 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 Concentrated Animal

Feeding Operations Act and rules promulgated pursuant

thereto, and

f. 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

Oklahoma Statutes - Title 2. Agriculture Page 730

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,

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

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 Animal Waste Management Plan shall include at a minimum:

1. Animal 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 animal wastes on land owned or controlled by the licensee;

4. Requirements including that:

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

the nitrogen uptake of the crop coverage or

planned crop planting with any land application
of wastewater level;

3. All calculations in determining land application rates,

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

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

4. Requirements including that:

a. (1) land application of animal 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:

Oklahoma Statutes - Title 2. Agriculture Page 731

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

waters of the state,

(2) contamination of waters of the state, and

(3) odor,

c. facilities including waste retention structures, waste

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

diversion and irrigation equipment shall be maintained

to ensure ability to fully comply with the terms of

the Oklahoma Concentrated Animal Feeding Operations

Act, and

d. adequate equipment and land application area shall be

available for removal of such waste and wastewater as

required to maintain the proper operating volume of

the retention structure; and

5. Such other information deemed necessary by the Department to

administer the provisions of the Oklahoma Concentrated Animal

Feeding Operations Act and rules promulgated pursuant thereto.

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

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

persons for disposal.

E. Soils in areas in which animal waste is applied shall be

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

the first application of the animal 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 animal feeding operation as long as the facility is

in operation.

F. Every animal feeding operation licensed pursuant to the

provisions of Oklahoma Concentrated Animal Feeding Operations Act

shall develop a plan approved by the Department for the disposal of

carcasses associated with normal mortality.

1. Dead animals 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.