1. A.

   1. 1. It shall be unlawful for any person to operate a concentrated animal feeding operation, without having first obtained a license from the State Board of Agriculture. 2.The owner or operator of an animal feeding operation not classified as a concentrated animal feeding operation may apply for a license if such owner or operator elects to come under the provision of the Oklahoma Concentrated Animal Feeding Operations Act and the rules of the Board. 3. The owner or operator of an animal feeding operation which houses swine and primarily uses a liquid animal waste management system not classified as a licensed managed feeding operation may apply for a license if such owner or operator voluntarily elects to come under the provisions of the Oklahoma Concentrated Animal Feeding Operations Act relating to licensed managed feeding operations and the rules of the Board.

2. B.

   1. 1. The Department of Environmental Quality shall have environmental jurisdiction over:

      1. a. commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products,
      2. b. slaughterhouses, but not including feedlots at such facilities, and
      3. c. animal aquaculture and fish hatcheries, including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at such facilities.
   2. 2. facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal regulations to obtain a federal National Pollutant Elimination System permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to such storm water discharges.
   3. 3. Any point source discharge related to agriculture, as specified in paragraph 1 of subsection D of Section 1-3-101 of Title 27A of the Oklahoma Statutes, which require a federal National Pollutant Discharge Elimination Systems individual permit and which are not specified under paragraph 1 of this subsection as being subject to the jurisdiction of the Department of Environmental Quality shall continue to be subject to the direct jurisdiction of the federal Environmental Protection Agency for issuance and enforcement of such permit and shall not be required to be permitted by the Department of Environmental Quality or the State Department of Agriculture.

Laws 1969, HB 1341, c. 116, § 8; Amended by Laws 1973, HB 1323, c. 70, § 2, emerg. eff. April 27, 1973; Amended by Laws 1981, SB 318, c. 77, § 2, eff. October 1, 1981; Amended by Laws 1993, HB 1002, c. 145, § 251, emerg. eff. July 1, 1993; Amended by Laws 1993, SB 361, c. 324, § 47, emerg. eff. July 1, 1993; Amended by Laws 1994, c. 140, § 29, eff. September 1, 1994; Amended by Laws 1997, HB 1522, c. 331, § 13, eff. September 1, 1997 (superseded document available); Amended by Laws 1998, SB 1175, c. 404, § 12, emerg. eff. August 1, 1998 (superseded document available); Amended by Laws 1999, SB 549, c. 413, § 14, eff. November 1, 1999 (superseded document available).