Okla. Stat. tit. 2, § 2-2A-2

As used in the Oklahoma Agriculture Pollutant Discharge

Elimination System Act:

1. “Administrative hearing”, “administrative permit hearing”,

“enforcement hearing” and “administrative enforcement hearing” mean

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a quasi-judicial individual proceeding, held by the Oklahoma

Department of Agriculture, Food, and Forestry, when authorized by

the provisions of the Oklahoma Agricultural Code, and conducted

pursuant to:

a. the Administrative Procedures Act,

b. the Oklahoma Agricultural Code, and

c. rules promulgated thereunder;

2. “Administrative Procedures Act” means the Oklahoma

Administrative Procedures Act;

3. “Director” means the individual appointed by the

Commissioner to perform the duties identified in Section 6 of this

act;

4. “Discharge” includes, but is not limited to, a discharge of

a pollutant or pollutants and means any addition of any pollutant to

waters of the state from any point or nonpoint source regulated by

the Department within its areas of environmental jurisdiction;

5. “Disposal system” means pipelines or conduits, pumping

stations and force mains, and all other devices, construction,

appurtenances, and facilities used for collecting, conducting, or

disposing of wastewater and treatment systems;

6. “Effluent limitation” means any established restriction

imposed by the Department on quantities, rates, and concentrations

of chemical, physical, biological, and other constituents that are

discharged from point sources into waters of the state and includes

schedules of compliance;

7. “Environment” includes the air, land, wildlife, and waters

of the state;

8. “Formal public meeting” means a formal public forum, held by

the Department when authorized by the provisions of the Oklahoma

Agricultural Code, and conducted by a presiding officer pursuant to

the requirements of the Oklahoma Agricultural Code and rules

promulgated thereunder, at which an opportunity is provided for the

presentation of oral comments made and written views submitted

within reasonable time limits as determined by the presiding

officer. Public meeting shall mean a “public hearing” when held

pursuant to requirements of the Code of Federal Regulations or the

Oklahoma Agriculture Pollutant Discharge Elimination System Act. A

public meeting shall not be a quasi-judicial proceeding;

9. “Nonpoint source” means the contamination of the environment

with a pollutant for which the specific point of origin may not be

well-defined and includes, but is not limited to, agricultural storm

water runoff and return flows from irrigated agriculture;

10. “Point source” means any discernible, confined, and

discrete conveyance including, but not limited to, any pipe, ditch,

channel, tunnel, conduit, well, discrete fissure, container, rolling

stock, or concentrated animal feeding operation, from which

pollutants or wastes are or may be discharged and which is within

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the Department’s environmental jurisdiction. The term “point

source” shall not include agricultural storm water discharges and

return flows from irrigated agriculture;

11. “Pollutant” means dredged spoil, solid waste, incinerator

residue, sewage, garbage, sewage sludge, munitions, chemical wastes,

biological materials, radioactive materials, heat, wrecked or

discarded equipment, rock, sand, cellar dirt and industrial,

municipal, and agricultural waste discharged into waters of the

state;

12. “Pollution” means the presence or the release in the

environment of any substance, contaminant or pollutant, any other

alteration of the physical, chemical or biological properties of the

environment, the release of any liquid, gaseous or solid substance

into the environment:

a. in quantities which are or will likely create a

nuisance, or

b. in quantities which render or will likely render the

environment harmful, detrimental, or injurious to
environment of any substance, contaminant or pollutant, any other

alteration of the physical, chemical or biological properties of the

environment, the release of any liquid, gaseous or solid substance

into the environment:

a. in quantities which are or will likely create a

nuisance, or

b. in quantities which render or will likely render the

environment harmful, detrimental, or injurious to

public health, safety or welfare, or to domestic,

commercial, industrial, agricultural, recreational, or

other legitimate beneficial uses, or to livestock,

wild animals, birds, fish or other aquatic life, or to

property;

13. “Schedule of compliance” means a schedule of remedial

measures including, but not limited to, an enforceable sequence of

actions or operations leading to compliance with an effluent

limitation, other limitation, prohibition, or standard;

14. “Serious bodily injury” means bodily injury which involves

a substantial risk of death, unconsciousness, extreme physical pain,

protracted and obvious disfigurement, or protracted loss or

impairment of the function of a bodily member, organ, or mental

faculty;

15. “Storm water” means rainwater runoff, snow melt runoff, and

surface runoff and drainage;

16. “Treatment works” means any facility within the

Department’s jurisdictional areas of environmental responsibility,

as specified in Section 1-3-101 of Title 27A of the Oklahoma

Statutes used for the purpose of treating or stabilizing waste or

waste water that does not discharge directly to a publicly owned

treatment works; and

17. “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

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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 federal Clean Water Act or promulgated rules, are not waters

of the state.