A. Concentrated swine feeding operations are point sources subject to the license program established pursuant to the provisions of the Oklahoma Swine Feeding Operations Act.

B. As used in the Oklahoma Swine Feeding Operations Act:

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

a.one (1) mile of the designated perimeter of a swine feeding operation which:

(1)does not meet the definition of a licensed managed feeding operation, or

(2)is previously unlicensed or an expanding licensed managed feeding operation with a capacity of two thousand (2,000) or less swine animal units, or

b.two (2) miles of the designated perimeter of a licensed managed feeding operation or an expanding operation with a capacity of more than two thousand (2,000) swine animal units for which a license is being sought;

2. "Swine feeding operation" means a lot or facility where the following conditions are met:

a.swine 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;

3. "Swine animal unit" means a unit of measurement for any swine feeding operation calculated by adding the following numbers: The number of swine weighing over twenty-five (25) kilograms, approximately fifty-five (55) pounds, multiplied by four-tenths (0.4), plus the number of weaned swine weighing under twenty-five (25) kilograms multiplied by one-tenth (0.1);

4. "Swine waste" means swine excrement, swine carcasses, feed wastes, process wastewaters or any other waste associated with the confinement of swine from a swine feeding operation;

5. "Swine 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 a swine feeding operation as required by the Department pursuant to the provisions of Section 20-10 of this title;

6. "Swine waste management system" means a combination of structures and nonstructural practices serving a swine feeding operation that provides for the collection, treatment, disposal, distribution, storage and land application of swine 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 20-10 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 swine feeding operation" means:

a.a licensed managed feeding operation,

b.a swine feeding operation which meets the following criteria:

(1)more than the number of swine specified in any of the following categories are confined:

(a)750 swine each weighing over 25 kilograms or approximately 55 pounds,

(b)3,000 weaned swine each weighing under 25 kilograms, or

(c)300 swine 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 swine confined in the operation.

Provided, however, that no swine feeding operation pursuant to this subparagraph is a concentrated swine feeding operation if the swine feeding operation discharges only in the event of a twenty-five-year, twenty-four-hour storm event,

c.the Board determines that the operation is a significant contributor of pollution to waters of the state pursuant to Section 20-6 of this title, or

d.any new swine feeding operation established after November 1, 2011, with more than one hundred (100) animal units;

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 swine waste until it can be disposed of in an authorized manner. Structures shall include but not be limited to pits, burial sites, barns or roof-covered structures housing swine, composters, waste storage sites, or retention structures or appurtenances or additions thereto;

14. "Expanding operation" means:

a.a facility that either increases its swine animal unit capacity to a number that causes the facility to initially meet the definition of a licensed managed feeding operation, or

b.a licensed managed feeding operation that seeks to increase its licensed capacity in excess of five percent (5%) of the original facility's licensed capacity;

15. "Facility" means any place, site, or location or part thereof where swine are kept, handled, housed, or otherwise maintained and processed and includes but is not limited to buildings, lots, pens, and swine waste management systems;

16. "Interested party" means an affected property owner found to meet the burden of proof pursuant to the provisions of Section 20-8 of this title;

17. "Land application" means the spreading on, or incorporation of swine waste into the soil mantle primarily for beneficial purposes;

18. "Licensed managed feeding operations" means a swine feeding operation primarily using a liquid swine waste management system, where swine are primarily housed in a roof-covered structure and which has more than the number of swine specified in any of the following categories confined:

a.2,500 swine each weighing over 55 pounds,

b.10,000 weaned swine each weighing under 55 pounds, or

c.any combination of swine weighing over 55 pounds or under 55 pounds which would equal one thousand (1,000) swine animal units;

19. "Liquid swine waste management system" means any swine waste management system which uses water as the primary carrier of swine waste into a primary retention structure;

20. "Nutrient-limited watershed" means a watershed of a water body which is designated as "nutrient-limited" in the most recent Oklahoma Water Quality Standards;

21. "Nutrient-vulnerable groundwater" means groundwater which is designated "nutrient-vulnerable" in the most recent Oklahoma Water Quality Standards;

22. "Odor Abatement Plan" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce odor as established by the Department pursuant to Section 20-11 of the Oklahoma Swine Feeding Operations Act;

23. "Occupied residence" means a habitable structure designed and constructed for full-time occupancy in all weather conditions and:

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;

24. "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 a swine feeding operation as required pursuant to Section 20-9 of this title;

25. "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 swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from swine watering systems; washing, cleaning, or flushing pens, barns, manure pits, direct contact, swimming, washing or spray cooling of swine; and dust control and any precipitation which comes into contact with swine or swine waste;

26. "Retention structures" means, 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 swine wastes;

27. "Spill" means the release from a swine feeding operation of any process wastewater or manure that does not reach waters of the state;

28. "Waste facility" means any structure or combination of structures utilized to control swine 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 swine, composters, waste storage sites, or retention structures or appurtenances or additions thereto; and

29. "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.

Added by Laws 1969, c. 116, § 2. Amended by Laws 1973, c. 70, § 1, emerg. eff. April 27, 1973; Laws 1981, c. 77, § 1, eff. Oct. 1, 1981; Laws 1997, c. 331, § 2, eff. Sept. 1, 1997; Laws 1998, c. 404, § 2, eff. Aug. 1, 1998. Renumbered from § 9-202 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2006, c. 128, § 2, eff. Nov. 1, 2006; Laws 2007, c. 31, § 3, eff. Nov. 1, 2007; Laws 2013, c. 123, § 1, eff. Nov. 1, 2013; Laws 2017, c. 90, § 1, eff. Nov. 1, 2017.