Okla. Stat. tit. 2, § 8-77.15 – Contamination of Ground Water - Preventive Measures - Jurisdiction

A. No person owning or operating a fertilizer storage facility or a commercial fertilizer facility shall discharge or release or place or cause to be placed any fertilizer material in a location where it is likely to cause contamination of any surface water or groundwater of this state. The provisions of this subsection shall not prohibit or restrict the land application of fertilizer for agriculture purposes or plant growth.
B. Preventive measures designed to minimize the possibility of fertilizer substances being introduced into waters of the state shall be subject to State Board of Agriculture jurisdiction including regulatory response.
1. a.
  1. (1) commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mills, and other agricultural products,
  2. (2) slaughterhouses, but not including feedlots at such facilities, and
  3. (3) 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 the facilities, and
2. b. facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal regulations to obtain a federal National Pollutant Discharge Elimination System permit for storm water discharges. Storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to storm water discharges.
3. 2. Any point source discharge related to agriculture, as specified in paragraph 1 of subsection D of Section 1-3-101 ofTitle 27A of the Oklahoma Statutes, which require a federal National Pollutant Discharge Elimination Systems 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 this permit and shall not be required to be permitted by the Department of Environmental Quality or the Department of Agriculture.
4. D. Bulk fertilizers shall be stored in a manner that minimizes the release of fertilizers and protects the environment. Fertilizer use and application may be established in rules to protect the environment.Historical Data
  Added by Laws 2000, SB 1424, c. 367, § 117, emerg. eff. June 6, 2000.
C.1. The Department of Environmental Quality shall have environmental jurisdiction over: