Okla. Stat. tit. 2, § 2-20-7

A. The State Board of Agriculture shall cause to be prepared

and available, for any person desiring or required to apply for a

license to operate a new or previously unlicensed swine feeding

operation or expanding operation, the necessary forms and

applications.

B. The application for a license to operate a new or previously

unlicensed swine feeding operation or expanding operation shall

contain, as a minimum, the following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the swine feeding operation;

3. Capacity in swine animal units, and number and type of swine

housed or confined;

4. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, swine waste storage

Oklahoma Statutes - Title 2. Agriculture Page 680

facilities and land application sites owned or leased by the

applicant;

5. A copy of the Pollution Prevention Plan containing a Swine

Waste Management Plan, Best Management Practices, Odor Abatement

Plan or such other plan authorized by the Oklahoma Swine Feeding

Operations Act and approved by the Department;

6. A copy of the written waiver by an adjacent property owner

to the facility releasing specified setback requirements as provided

by Sections 20-19 and 20-21 of this title; and

7. Any other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Swine Feeding Operations Act and rules

promulgated pursuant thereto.

C. 1. An application for renewal of a license to operate a

swine feeding operation shall be considered to be properly filed

when the Department has received a completed renewal application and

payment of fees from the applicant.

2. If the application for renewal is denied, written

notification of the denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant by the

Department. The notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for issuance of the

renewal license and the opportunity for the applicant to request an

administrative hearing.

D. No new licensed managed feeding operation or expanding

operation shall be constructed until a building permit for such

facility or expansion has been issued by the Department. No new

licensed managed feeding operation shall be placed in operation

until a license for the facility or expansion has been issued by the

Department.

E. For transfer of a license to a new owner or operator, the

following conditions shall be met:

1. The new owner or operator shall submit to the Department a

transfer application, attaching any change of conditions resulting

from the transfer of ownership or operation;

2. After receipt of the information required, the Department

shall review the information, and within sixty (60) days, issue

approval or denial of the transfer. Transfer of a license shall be

denied only if:

a. the new owner or operator cannot comply with the

requirements of transfer,

b. the Department finds a material or substantial change

in conditions since the issuance of the original

license to operate the swine feeding operation,

c. failure of the new owner or operator to meet any other

conditions or requirements for compliance established

by the Department pursuant to the Oklahoma Swine

Oklahoma Statutes - Title 2. Agriculture Page 681

Feeding Operations Act and rules promulgated pursuant

thereto, or

d. the new owner or operator has failed to meet the

requirements of Section 20-25 of this title; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.
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Feeding Operations Act and rules promulgated pursuant

thereto, or

d. the new owner or operator has failed to meet the

requirements of Section 20-25 of this title; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

F. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Swine Feeding Operations Act by the

Board shall be made in accordance with Section 20-25 of this title.

G. In addition to other information required for issuance of a

new or transfer license, an application for a new or transfer

license for a concentrated swine feeding operation shall contain the

following information:

1. a. A statement of ownership.

(1) If the applicant is a firm or partnership, the

name and address of each member thereof shall be

included in the application.

(2) If the applicant is a corporation, the name and

address of the corporation and the name and

address of each officer and registered agent of

the corporation shall be included in the

application.

(3) If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten

percent (10%) or more shall be included in the

statement.

b. The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

2. The name and address of the management, if the management is

not the applicant and is acting as agent for the applicant;

3. a. An environmental history from the past three (3) years

of any concentrated animal feeding operation or

concentrated swine feeding operation established and

operated by the applicant or any other operation with

common ownership in this state or any other state.

The environmental history shall include but not be

limited to all citations, administrative orders or

penalties, civil injunctions or other civil actions,

criminal actions, past, current and ongoing, taken by

any person, agency or court relating to noncompliance

with any environmental law, rule, agency order, or

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court action relating to the operation of an animal

feeding operation or swine feeding operation.

b. A copy of all records relating to the environmental

history required by this paragraph shall accompany the

application.

c. Noncompliance with a final agency order or final order

or judgment of a court of record which has been set

aside by a court on appeal of the final order or

judgment shall not be considered a final order or

judgment for the purposes of this subsection;

4. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

5. Any other information or records required by the Department

for purposes of implementing the Oklahoma Swine Feeding Operations

Act or rules promulgated pursuant thereto.

H. 1. All employees of a proposed licensed managed feeding

operation whose duties include treatment, storage, or application of

swine waste shall provide proof of certification of satisfactory

completion of formal education or training in the areas of waste

management and odor control. Proof of certification of a minimum of

nine (9) hours of training and education shall be submitted either

with the license application or within six (6) months of the date of

the application for the license.

2. All employees of a licensed managed feeding operation whose

duties include treatment, storage or application of animal waste
raining in the areas of waste

management and odor control. Proof of certification of a minimum of

nine (9) hours of training and education shall be submitted either

with the license application or within six (6) months of the date of

the application for the license.

2. All employees of a licensed managed feeding operation whose

duties include treatment, storage or application of animal waste

shall provide proof of certification of satisfactory completion of

formal education or training in the areas of waste management and

odor control.

3. The Department shall require a minimum of three (3) hours of

annual refresher training for any employee of a licensed managed

feeding operation whose duties include treatment, storage, or

application of swine waste.

4. After completing eighteen (18) hours of training, an

employee shall be exempt from the annual training requirement, and

shall be required to complete three (3) hours of training every

three (3) years.

5. Appropriate curricula and course content shall be developed

by the licensed managed feeding operation and submitted to the

Department for approval.

6. Failure to obtain the prerequisite nine (9) hours of

training and any continuing education training as required in this

subsection shall be deemed a violation of the Oklahoma Swine Feeding

Operations Act.

I. 1. In addition to other penalties as may be imposed by law,

any person who knowingly makes any false statement, representation,

or certification in, omits material data from, or tampers with any

Oklahoma Statutes - Title 2. Agriculture Page 683

application for a license, or notice relating to the determination

of affected property owners, shall, upon conviction thereof, be

guilty of a misdemeanor and may be subject to a fine of not more

than Ten Thousand Dollars ($10,000.00) for each violation. In

addition, the Department shall deny licensure to the applicant or

may require submission of a new application.

2. The responsibility for ensuring that all affected property

owners are notified pursuant to the provisions of this section shall

be upon the applicant.