1. A. Any hydrologic connection between wastewater and waters of the state outside that authorized by the provisions of the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated pursuant thereto shall constitute a discharge to waters of the state.

2. B. Except as otherwise provided by Section 9-210.2 of this title, to prevent hydrologic connections between a retention structure and waters of the state, all swine feeding operations in this state primarily using a liquid animal waste management system whether or not such waste facilities are licensed pursuant to the Oklahoma Concentrated Animal Feeding Operations Act shall:

   1. 1. Utilize, as required by the Oklahoma Concentrated Animal Feeding Operations Act and rules promulgated pursuant thereto, a natural or geomembrane liner or other liner constructed of synthetic materials in any retention structure containing liquid animal waste; and
   2. 2. Provide documentation that there is no hydrologic connection between the waters of the state and the retention structure. This documentation shall be certified by a professional environmental, agricultural, or other Department-approved professional engineer licensed pursuant to Section 475.12 of Title 59 of the Oklahoma Statutes or a United States Department of Agriculture Natural Resources Conservation Service engineer and shall include information on the hydraulic conductivity and thickness of the natural materials underlying and forming the walls of the containment structure up to the maximum operating level.
3. C. Except as otherwise provided by Section 9-210.2 of this title and subsection E of this section, all retention structures of licensed managed feeding operations shall maintain a minimum separation of ten (10) feet between the bottom of the retention structure and the maximum historical groundwater elevation which is measured from the bottom of the retention structure and the highest point of the seasonal groundwater table. Documentation of a ten-foot separation shall be established by submission of a soil log from a soil boring extending a minimum of ten (10) feet below the bottom of all retention structures to ascertain the presence of groundwater or bedrock and a statement from a professional engineer or a United States Department of Agriculture Natural Resources Conservation Service engineer certifying the existence of the ten-foot separation distance.
4. D. The State Department of Agriculture shall establish standards for retention structures pursuant to the provisions of this section.

5. E. The Department may allow a separation of less than ten (10) feet but in no event less than four (4) feet between the bottom of the retention structure and the minimum historical groundwater elevation. In determining the minimum separation to be required the Department shall consider the following factors:

   1. 1. Soil type at the retention structure;
   2. 2. Soil tests per American Standards Testing Methods (ASTM) standards on all soils to be used as liner material;
   3. 3. Retention structure capacity;
   4. 4. Retention structure design;
   5. 5. Documentation of lack of hydrologic connection between the waters of the state and the retention structure;
   6. 6. Depth of retention structure;
   7. 7. Type and characteristics of liner to be used; and
   8. 8. Any other relevant information.

6. F.

   1. 1. Licensed managed feeding operations initially licensed on or after August 1, 1998, shall install a leak detection system or sufficient monitoring wells both upgradient and downgradient around the perimeter of each retention structure prior to using the retention structure for storage of liquid waste pursuant to rules promulgated by the State Department of Agriculture.
   2. 2. By September 1, 1999, licensed managed feeding operations licensed prior to August 1, 1998, shall install and maintain in working order a leak detection system or sufficient monitoring wells both upgradient and downgradient around the perimeter of each retention structure.
   3. 3. Samples of water shall be collected by the State Department of Agriculture and submitted for testing at least annually. The analysis of the water samples shall be performed by a qualified environmental laboratory certified by the Department of Environmental Quality and approved by the State Department of Agriculture and the cost shall be the responsibility of the owner of the licensed managed feeding operation.
   4. 4. Documentation, sampling data and any other records required by this section shall be maintained on site for the life of the facility with the Pollution Prevention Plan.
   5. 5. Analysis from the sampling taken prior to the operation of the facility shall be considered the baseline data and must be retained on site for the life of the facility. If no sampling or other baseline data is available prior to the operation of the facility, the samples taken during the first year shall be considered the baseline data and shall be retained on site for the life of the facility.
   6. 6. The Oklahoma Water Resources Board shall promulgate rules providing for plugging of monitoring wells as appropriate.
7. G. Site-specific conditions shall be considered in the design and construction of liners. Liners for retention structures shall be designed and constructed in accordance with the provisions of this section and generally accepted engineering practices established by rules of the State Board of Agriculture or as otherwise required by the federal Environmental Protection Agency. Liners for lagoons owned or operated by an animal feeding operation with less than one thousand (1,000) animal units may be designed and constructed pursuant to Technical Note 716 of the Natural Resources Conservation Service or its current equivalent or by the federal Environmental Protection Agency so long as the facility is designed by a United States Department of Agriculture Natural Resources Conservation Service engineer.

8. H.

   1. 1. When a liner is installed to prevent hydrologic connection, the licensee or the owner of such operation if unlicensed must maintain the liner to inhibit infiltration of wastewaters. Documentation of liner maintenance shall be maintained with the Pollution Prevention Plan.
   2. 2. A professional environmental, agricultural or other Department-approved professional engineer, licensed pursuant to Section 475.12 of Title 59 of the Oklahoma Statutes or a United States Department of Agriculture Natural Resources Conservation Service engineer, shall conduct site evaluation every five (5) years on the retention structure of every concentrated animal feeding operation with such a structure and annually on every licensed managed feeding operation to ensure liner integrity. If the owner or operator suspects that a retention structure is leaking, the owner or operator shall report such suspected leakage to the Department.
   3. 3. The Department shall establish a compliance schedule of retrofitting o liners for waste retention structures for licensed managed feeding operations constructed prior to the effective date of this act which are located in nutrient-limited watersheds or nutrient-vulnerable groundwaters as designated by the Oklahoma Water Resources Board pursuant to Section 3 of this act, and which do not have liners meeting the specifications established in this section.
9. I. All substances entering the retention structures shall be composed entirely of wastewaters from the proper operation and maintenance of an animal leading operation and the runoff from the animal feeding operation area. The disposal of any materials, other than substances associated with proper operation and maintenance of the facility into the containment structures, including but not limited to human waste, is prohibited.
10. J. All new retention structures of licensed managed feeding operations shall be designed for odor abatement, groundwater protection and nutrient conservation.
11. K. Documentation, sampling data, and any other records required by this section shall be maintained on site for as long as the facility is in operation. Samples collected during the first year of the retention structure shall be considered the baseline data and must be retained on-site for as long as the facility is in operation.

Added by Laws 1997, HB 1522, c. 331, § 10, eff. September 1, 1997; Amended by Laws 1998, SB 1175, c. 404, § 11, emerg. eff. August 1, 1998 (superseded document available); Renumbered from 2 O.S. § 9-205.4 by Laws 2005, HB 1467, c. 292, § 25, emerg. eff. July 1, 2005.