Okla. Stat. tit. 2, § 2-2A-7

facilities - Issuance of discharge permit prohibited in certain

situations - Documents open to public - Trade secrets protected.

A. Any holder of a permit or applicant for a permit shall be

deemed to have given consent to any authorized officer, employee, or

agent of the Oklahoma Department of Agriculture, Food, and Forestry

to:

1. Enter and inspect the facility in accordance with the

provisions of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

2. Investigate complaints;

3. Have access at any reasonable time for the purposes of

reviewing and copying any records required to be maintained;

4. Inspect any monitoring equipment, methods, disposal systems,

or other facilities or equipment as may be required;

5. Have access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or for inspection and sampling of any sludge source, storage,

beneficial use, reuse, or disposal site; and

6. Obtain copies of records, plans, reports, or other

information required by the Department to be submitted upon request

and subject to and made available for inspection at reasonable times

to any authorized representative of the Department. Any authorized

representative of the Department may examine any records or

memoranda pertaining to discharges, treatment, or other limitations

set by permit, order, or duly promulgated rules of the Board.

B. For unpermitted facilities, authorized employees or

representatives, upon presentation of a credential and, if

necessary, a proper warrant shall have:

1. A right of entry to, upon, or through any private or public

premises upon which an effluent or sludge source is or may be

located or in which any records are required to be maintained;

2. A right of entry for the purpose of investigating

complaints;

Oklahoma Statutes - Title 2. Agriculture Page 76

3. Access, at any reasonable time, for the purposes of

reviewing and copying any records required to be maintained;

4. Authority to inspect any monitoring equipment, methods,

disposal systems, or other facilities or equipment as may be

required; and

5. Access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or for inspection and sampling of any sludge source, storage,

beneficial use, reuse, or disposal site.

C. The Director shall not issue a discharge permit if the

permit:

1. Would authorize the discharge of a radiological, chemical,

or biological warfare agent, or high-level radioactive waste;

2. Would result, in the judgment of the United States Secretary

of the Army acting through the Chief of Engineers, in the

substantial impairment of anchorage and navigation of any waters of

the United States as those waters are defined in the federal Clean

Water Act;

3. Is objected to in writing by the Administrator of the United

States Environmental Protection Agency or designee, pursuant to any

right to object which is granted to the Administrator under Section

402(d) of the federal Clean Water Act; or

4. Would authorize a discharge from a point source which is in

conflict with a plan approved under Section 208(b) of the federal

Clean Water Act.

D. 1. Any records, reports, or information obtained pursuant

to this section shall be available to the public, except that upon

submission of sufficient evidence showing that records, reports, or

information, or particular parts thereof, other than effluent data,

if made public, would divulge methods or processes entitled to

protection as trade secrets of that person, the record, report, or

information, or particular portion, shall be considered confidential

in accordance with the purposes of the federal Uniform Trade Secrets

Act.

2. Nothing in this section shall prohibit the Department or an

authorized representative of the Department including, but not
ade public, would divulge methods or processes entitled to

protection as trade secrets of that person, the record, report, or

information, or particular portion, shall be considered confidential

in accordance with the purposes of the federal Uniform Trade Secrets

Act.

2. Nothing in this section shall prohibit the Department or an

authorized representative of the Department including, but not

limited to, any authorized contractor, from disclosing records,

reports, or information to other officers, employees, or authorized

representatives of the State of Oklahoma or the United States

concerned with carrying out provisions of state or federal law under

their respective jurisdictions or within their respective

authorities.

3. Any records, reports, or information required to be

submitted for permitting, compliance, or review that would not be

considered confidential by the Environmental Protection Agency shall

not be kept confidential pursuant to this subsection.

Oklahoma Statutes - Title 2. Agriculture Page 77

E. 1. The Board shall promulgate standard precautions for the

prevention of the transmission of communicable diseases to humans

and animals to be used when inspecting animal feeding operations.

2. Except for emergency situations or when enforcement of a

permit requires the use of the standard precautions, Department

employees shall observe the health standards and sanitary

requirements of the facility.