Senate Bill 1170

Registered Poultry Feeding Operations Act
Signed: May 20, 1998
Effective Date: July 1, 1998

2-10-9.1
A. Sections 1 through 12 of this act shall be known and may be
cited as the "Oklahoma Registered Poultry Feeding Operations Act".
B. As used in Sections 1 through 23 of this act:
1. "Animal Waste Management Plan" or "AWMP" means a written plan
that includes a combination of conservation and management practices
designed to protect the natural resources of the state as required by
the State Department of Agriculture pursuant to the provisions of
Section 7 of this act;
2. "Best Management Practices" or "BMPs" means schedules of
activities, prohibitions of practices, maintenance procedures and
other management practices which prevent or reduce the pollution of
waters of the state as established by the State Department of
Agriculture pursuant to Section 7 of this act;
3. "Board" means the State Board of Agriculture;
4. "Certificate" means a written document issued to an
individual by the Board pursuant to Section 17 of this act which
indicates that the individual is authorized to land apply poultry
waste by the Oklahoma Poultry Waste Applicators Certification Act;
5. "Certified poultry waste applicator" means a person who has
been certified by the Board to land apply poultry waste and includes
a commercial poultry waste applicator and a private poultry waste
applicator;
6. "Commercial poultry waste applicator" means any person who
engages in commercial land application of poultry waste. Any farmer
while working for a neighbor in agricultural production, and not
advertising, nor holding himself or herself out to be in the business
of land applying poultry waste, shall not be classified as a
commercial poultry waste applicator, but as a private poultry waste
applicator;
7. "Contract growing arrangement" means any growout contract,
marketing agreement, or other arrangement under which a contract
poultry grower cares for or raises poultry;
8. "Contract poultry grower" means any person engaged in the
business of caring for or raising poultry, under a contract growing
arrangement;
9. "Common ownership" includes but is not limited to any person
who has power or authority to manage, direct, restrict, regulate or
oversee the operation or has financial control of two or more poultry
feeding operations;
10. "Department" means the State Department of Agriculture;
11. "Expanding operation" means a registered poultry feeding
operation that seeks to increase its registered capacity in excess of
ten percent (10%) of the facility’s original registered capacity;
12. "Facility" means any place, site or location or part thereof
where poultry are kept, handled, housed or otherwise maintained
including but not limited to buildings, lots, pens and poultry waste
management systems;
13. "Integrator" means an entity which unites the elements
associated with the poultry industry, including but not limited to
hatching, feeding, processing and marketing. It includes, but is not
limited to, situations when growing is contracted out to others and
when the integrator operates its own growing facilities;
14. "Land application" means the spreading on, or incorporation
into, the soil mantle primarily for beneficial purposes;
15. "Operator" means the person who performs the daily
management functions associated with the poultry feeding operation;
16. "Person" means an individual, association, partnership,
firm, company, public trust, corporation, joint stock company, trust
estate, any other legal entity, or any agent, employee,
representative assignor or successor thereof;
17. "Nutrient-limited watershed" means a watershed of a water
body which is designated as "nutrient-limited" in the most recent
Oklahoma’s Water Quality Standards;
18. "Nutrient-vulnerable groundwater" means groundwater which is
designated "nutrient-vulnerable" in the most recent Oklahoma’s Water
Quality Standards;
19. "Poultry" includes chickens, turkeys, ducks, geese and any
other domesticated bird used for human food and/or animal feed;
20. "Poultry feeding operation" means a property or facility
where the following conditions are met:
a. poultry have been, are or will be confined and fed or
maintained for a total of forty-five (45) days or more
in any twelve-month period,
b. crops, vegetation, forage growth or post-harvest
residues are not sustained in the normal growing season
over any portion of the property or facility, and
c. producing over ten (10) tons of poultry waste per year;
21. "Poultry waste" means poultry excrement, poultry carcasses,
feed wastes or any other waste associated with the confinement of
poultry from a poultry feeding operation;
22. "Poultry waste utilization business" means a business at
which poultry waste is collected, recycled, processed or recovered
into reusable products including, but not limited to, fertilizer and
animal feed;
23. "Poultry waste management system" means a combination of
structures and practices serving a poultry feeding operation that
provides for the collection, treatment, disposal, distribution,
storage and land application of poultry waste;
24. "Private poultry waste applicator" means any person who is
not a commercial poultry waste applicator but engages in the land
application of poultry waste for purposes including, but not limited
to, producing any agricultural commodity on property owned or rented
by the person or such person’s employer, or if applied without
compensation other than trading of personal services between
producers of agricultural commodities, on the property of another
person;
25. "Waste facility" means any structure or combination of
structures utilized to control poultry waste until it can be utilized
in an authorized manner; and
26. "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. Process wastewaters shall not be considered as
waters of the state if contaminated at the site.
2-10-9.2
A. The State Board of Agriculture shall appoint a rule advisory
committee who, without compensation, shall act as advisors to the
Board in the formulation of the rules promulgated pursuant to the
Oklahoma Registered Poultry Feeding Operations Act.
1. One member shall represent the integrators;
2. Three members shall represent the contract growers;
3. One member shall represent the field of hydrogeology;
4. One member shall be a soil scientist;
5. One member of a local conservation district;
6. One member employed by the Oklahoma Water Resources Board;
7. One member shall represent the field of water quality
science; and
8. Three members shall represent the general public, one of
which shall represent the water department of a municipality.
Of the initial members, four shall serve for one-year terms; four
shall serve for two-year terms; and four shall serve for three-year
terms.
Upon reappointment for the one-year terms and the two-year terms
herein created, all appointments shall be for a three-year term. All
members shall serve in such capacity during said term at the pleasure
of the Board.
B. Except for emergency rules, the State Department of
Agriculture shall submit proposed rules to the rule advisory
committee at the same time as the Department causes notice to be
published in "The Oklahoma Register" pursuant to subsection B of
Section 303 of Title 75 of the Oklahoma Statutes. Comments of the
rule advisory committee shall be submitted to the members of the
Board at least fifteen (15) days prior to any official action by the
Board on the rules.
C. Proposed emergency rules shall be submitted by the Department
to the rule advisory committee at least five (5) days prior to the
rules being considered by the Board.
§2-10-9.3.

A. 1. It shall be unlawful for any person to construct or
operate a new poultry feeding operation without having first
registered with the State Board of Agriculture.
2. The owner or operator of a poultry operation not classified
as a poultry feeding operation may register if such owner or operator
elects to come under the provisions of the Oklahoma Registered
Poultry Feeding Operations Act and the rules of the Board.
B. Every poultry feeding operation in operation on the effective
date of this act shall register within six (6) months of the
effective date of this act.
C. Any poultry feeding operation that has a valid license
pursuant to the Oklahoma Concentrated Animal Feeding Operations Act
shall not be required to register pursuant to the Oklahoma Registered
Poultry Feeding Operations Act.

§2-10-9.4.

A. Every poultry feeding operation shall be required to register
annually to operate pursuant to the Oklahoma Registered Poultry
Feeding Operations Act and rules promulgated pursuant thereto.
B. 1. Two or more poultry operations under common ownership are
considered, for the purposes of registration, to be a single poultry
feeding operation if they adjoin each other or if they use a common
waste facility.
2. Once the cumulative amount of poultry waste produced by all
facilities owned or managed by a person meets or exceeds the amount
specified by paragraph 20 of Section 1 of this act, all poultry
feeding operations owned by the person shall be required to become
registered.
3. After the effective date of this act, any poultry feeding
operation shall be required to reregister for any increase in excess
of ten percent (10%) of the facility’s original registered capacity.
§2-10-9.5.

A. The State Board of Agriculture shall cause to be prepared and
available the necessary forms and applications for any person
desiring or required to register a poultry operation or expanding
operation.
B. The application to register to operate a new or previously
unregistered poultry operation or expanding operation shall be under
oath and shall contain, as a minimum, the following information:
1. Name and address of the owner and operator of the facility;
2. Name and address of the poultry operation;
3. Number and type of poultry housed or confined;
4. Name and address of the integrator whose poultry will be
raised by the poultry feeding operation;
5. A diagram or map and legal description showing geographical
location of the facility on which the perimeters of the facility are
designated, location of waters of the state, including, but not
limited to, drainage from the facility, poultry waste storage
facilities and land application sites owned or leased by the
applicant or which the applicant has contracted with for the
application of poultry waste;
6. A copy of the Animal Waste Management Plan, or proof of
application for such plan, Best Management Practices or any other
plans authorized by the State Department of Agriculture; and
7. A statement of ownership.
a. If the applicant is a corporation, the name and address
of the corporation and the name and address of each
officer and registered agent of the corporation shall
be included in the application.
b. If the applicant is a partnership or other legal
entity, the name and address of each partner and
stockholder with an ownership interest of ten percent
(10%) or more shall be included in the statement.
c. The information contained in the statement of ownership
shall be public information and shall be available upon
request from the Board;
8. The name and address of the person having day to day control
of the operation, if such person is not the applicant and is acting
as agent for the applicant;
9. a. An environmental history from the past three (3) years
of any poultry feeding operation established and
operated by the applicant or any other operation with
common ownership in this state or any other state.
Such environmental history shall include but not be
limited to all citations, administrative orders or
penalties, civil injunctions or other civil actions,
criminal actions, past, current and ongoing, taken by
any person, agency or court relating to noncompliance
with any environmental law, rule, agency order, or
court action relating to the operation of a poultry
feeding operation.
b. A copy of all records relating to the environmental
history required by this paragraph shall accompany the
application.
c. Noncompliance with a final agency order or final order
or judgment of a court of record which has been set
aside by a court on appeal of such final order or
judgment shall not be considered a final order or
judgment for the purposes of this subsection;
10. Environmental awards or citations received or pollution
prevention or voluntary remediation efforts undertaken by the
applicant; and
11. Any other information or records to be required by the
Department for purposes of implementing the Oklahoma Registered
Poultry Feeding Operations Act or rules promulgated pursuant thereto.
C. In addition to other penalties as may be imposed by law, any
person who knowingly makes any false statement, representation, or
certification in, omits material data from, or tampers with any
application for registration shall, upon conviction, be guilty of a
misdemeanor and may be subject to a fine of not more than Ten
Thousand Dollars ($10,000.00) for each such violation.
D. The owner of a poultry feeding operation shall be responsible
for sending written notification to the State Department of
Agriculture upon changing integrators.
E. For a transfer of registration to a new owner, the new owner
must register the operation pursuant to the rules of the Department.
F. 1. After the effective date of this act, all operators of
poultry feeding operations shall attend educational courses on
poultry waste handling. All such operators shall attend educational
training on poultry waste management as provided by Oklahoma State
University through the Oklahoma Cooperative Extension Service. All
current and new operators shall receive no less than nine (9) hours
of training in the first year and no less than three (3) hours each
year thereafter. The Oklahoma Cooperative Extension Service shall
develop the educational training course to aid in certification.
Curricula for the training course will include the Oklahoma
Cooperative Extension Service Waste Management Facts series and
record books or their current equivalent. Courses for poultry waste
management shall include the following topics:
a. environmental process relevant to protecting water
quality in poultry production,
b. basic handling systems to manage poultry waste from all
types of poultry operations,
c. nutrient management, including sampling procedures,
application rate determination, equipment calibration,
and record keeping systems,
d. relevant laws and rules applicable to poultry waste
management in the State of Oklahoma, and
e. any other related subject as determined by Oklahoma
State University in consultation with the Department.
2. At the completion of each course, the operator shall receive
a certification verifying completion. The certificates shall be kept
on site for five (5) years.
3. Failure to obtain the prerequisite and annual training and
education as provided in this subsection shall be deemed a violation
of the Oklahoma Registered Poultry Feeding Operations Act.
G. On and after March 1, 1999, no integrator shall enter into
any contract with an operator of a poultry feeding operation who is
not in compliance with the requirements of subsection E of this
section.

§2-10-9.6.

A. There is hereby created in the State Treasury a revolving
fund for the State Department of Agriculture to be designated the
"Poultry Waste Education Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies donated to the fund, and any other monies
deposited in the fund pursuant to law.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the State Department
of Agriculture to contract with Oklahoma State University to provide
the educational courses required by the Oklahoma Poultry Waste
Applicators Certification Act.
C. Expenditures from the fund shall be made upon warrants issued
by the State Treasurer against claims filed as prescribed by law with
the Director of State Finance for approval and payment.
§2-10-9.7.

A. All poultry feeding operations shall utilize Best Management
Practices and shall meet the conditions and requirements established
by subsection B of this section and by rules promulgated by the State
Board of Agriculture pursuant to the Oklahoma Registered Poultry
Feeding Operations Act.
B. The criteria for Best Management Practices shall be
promulgated by rules by the Board and shall include, but not be
limited to, the following:
1. There shall be no discharge of poultry waste to waters of the
state;
2. Stored poultry waste shall be isolated from outside surface
drainage by ditches, dikes, berms, terraces or other such structures;
3. No waters of the state shall come into direct contact with
the poultry confined on the poultry feeding operation;
4. Poultry waste handling, treatment, management and removal
shall:
a. not create an environmental or a public health hazard,
b. not result in the contamination of waters of the state,
and
c. conform to such other handling, treatment and
management and removal requirements deemed necessary by
the State Department of Agriculture to implement the
Oklahoma Registered Poultry Feeding Operations Act and
rules promulgated pursuant thereto.
The rules promulgated by the Board pursuant to this section shall
provide for exceptions to the storage requirements for poultry waste
in emergency situations. Such exceptions shall include but not be
limited to allowing a contract poultry grower to take such actions as
are necessary to meet requirements imposed on a grower by an
integrator. In such situations growers shall be required to take all
actions feasible to prevent pollution from stored poultry waste.
C. Every poultry feeding operation shall have an Animal Waste
Management Plan which shall include at a minimum:
1. A description of poultry waste handling procedures and
availability of equipment and type of equipment to be used;
2. The calculations and assumptions used for determining land
application rates;
3. All nutrient analysis data, for soil and poultry waste
testing;
4. Legal description of lands to be used by an operation for
land application;
5. Land application rates of poultry waste shall be based on the
available nitrogen and phosphorous content of the poultry waste and
shall provide controls for runoff and erosion as appropriate for site
conditions;
6. The procedures documented in the Animal Waste Management Plan
must ensure that the handling and utilization of poultry waste
complies with the following requirements:
a. adequate poultry waste storage shall be provided
consistent with rules promulgated by the State
Department of Agriculture pursuant to subsection B of
this section,
b. poultry waste shall not be applied to land when the
ground is saturated or during rainfall events. Poultry
waste shall not be applied to land when the ground is
frozen except in conformance with the Animal Waste
Management Plan,
c. poultry waste shall only be applied to suitable land at
appropriate times and rates. Discharge or runoff of
waste from the application site is prohibited. Timing
and rate of applications shall be based on assimilation
capacity of the soil profile, assuming usual nutrient
losses, expected precipitation, and soil conditions,
and
d. poultry waste application shall be prohibited on land
subject to excessive erosion;
7. Records shall be maintained of all poultry wastes applied on
land owned or controlled by the operator, and sold or given to other
persons:
a. if the poultry waste is sold or given to other persons
for land application or other use, the poultry feeding
operation shall maintain a log of: date of removal
from the poultry feeding operation; name of recipient
the poultry waste is sold or given to; and amount in
wet tons, dry tons or cubic yards of poultry waste
removed from the poultry feeding operation, and
b. the poultry feeding operation shall make available to
the recipient any nutrient sample analysis from that
year;
8. Any analysis required by the provisions of the Oklahoma
Registered Poultry Feeding Operations Act or rules promulgated
thereto shall be performed by a qualified environmental testing
laboratory certified by the Department of Environmental Quality and
approved by the State Department of Agriculture; and
9. Such other information deemed necessary by the State
Department of Agriculture to administer the provisions of the
Oklahoma Registered Poultry Feeding Operations Act and rules
promulgated pursuant thereto.
D. Every poultry feeding operation located in a non-nutrient-
limited watershed and non-nutrient-vulnerable groundwaters shall
perform soil testing on each land application and poultry waste
testing at least once every three (3) years to determine:
1. Soil pH and plant available nutrients including, at a
minimum, nitrogen, phosphorous and potassium;
2. Poultry waste nutrient concentrations and moisture; and
3. Application rate based upon current United States Department
of Agriculture Natural Resources Conservation Service Waste
Utilization Standards, unless the State Department of Agriculture
approves other standards.
E. 1. Every poultry feeding operation located in a nutrient-
limited watershed and nutrient-vulnerable groundwater shall perform
an annual soil test on each land application area prior to the first
application of the calendar year. Poultry waste testing shall be
performed annually prior to the first application of the calendar
year. Soil and poultry waste testing shall be performed to
determine:
a. soil pH and plant available nutrients including at
least nitrogen, phosphorous and potassium,
b. poultry waste nutrient concentrations and moisture, and
c. application rate based upon current United States
Department of Agriculture Natural Resources
Conservation Service Waste Utilization Standards,
unless the State Department of Agriculture approves
other standards.
2. Soil and poultry waste analysis data shall be retained by the
poultry feeding operation for as long as the site is in operation.
F. 1. Poultry feeding operations shall develop a plan for the
disposal of carcasses associated with normal mortality.
2. In the event there is an outbreak of a major disease or other
emergency resulting in deaths significantly higher than normal
mortality rates, the State Department of Agriculture may approve, in
writing, an alternate method of disposal of carcasses or the storage
of poultry waste during the emergency period.

§2-10-9.8.

Every application shall be accompanied by an annual registration
fee of Ten Dollars ($10.00), which is nonrefundable. All such fees
shall be deposited in the Agriculture Regulation Revolving Fund
created in Section 24 of this act to be used for the purpose of
implementing the provisions of the Oklahoma Registered Poultry
Feeding Operations Act and the Oklahoma Poultry Waste Applicators
Certification Act.
§2-10-9.9.

A. In addition to the authority of the State Board of
Agriculture to make designations of a concentrated animal feeding
operation pursuant to Section 9-204.1 of Title 2 of the Oklahoma
Statutes, the Board shall have the power to designate a poultry
feeding operation as a concentrated animal feeding operation as
defined by Section 9-202 of Title 2 of the Oklahoma Statutes subject
to the provisions of the Oklahoma Concentrated Animal Feeding
Operations Act after an administrative determination that an
operation has violated or is unwilling to comply with any of the
provisions of the Oklahoma Registered Poultry Feeding Operations Act,
or any rule promulgated pursuant thereto whether or not the State
Department of Agriculture determines the registered poultry feeding
operation to be a significant contributor of pollution to waters of
this state.
B. In order to protect the public health and safety and the
environment of this state, the Board, pursuant to the Oklahoma
Registered Poultry Feeding Operations Act, may require application
for a concentrated animal feeding operation license to establish and
operate a poultry feeding operation on and after the effective date
of this act to any person or other legal entity which:
1. Is not in substantial compliance with a final agency order or
any final order or judgment of a court of record secured by any state
or federal agency relating to poultry feeding operations; or
2. Has evidenced a reckless disregard for the protection of the
public and the environment as demonstrated by a history of
noncompliance with environmental laws and rules resulting in
endangerment of human health or the environment.
C. Any action taken in regard to the denial, suspension or
revocation of a license shall be in conformity with the rules of the
Board governing administrative procedures and with the Administrative
Procedures Act.
D. The Board shall promulgate rules which will provide a
procedure whereby any poultry operation which has been designated a
concentrated animal feeding operation pursuant to this section may
have such designation removed. The rules shall require satisfactory
evidence that such designation is no longer necessary in order to
ensure that the operation will comply with all provisions of the
Oklahoma Registered Poultry Feeding Operations Act and will not
contribute to pollution of the waters of this state.
§2-10-9.10.

A. 1. a. The State Board of Agriculture or its authorized agents
are empowered to enter upon the premises of any poultry
feeding operation for the purpose of investigating
complaints as to the operation or to determine whether
there are any violations of the Oklahoma Registered
Poultry Feeding Operations Act.
b. This section shall not be construed to authorize the
Board or its agents to violate any provision of the
United States Constitution or the Oklahoma Constitution
relating to unlawful search or seizure.
2. a. Registration of a poultry feeding operation pursuant to
the Oklahoma Registered Poultry Feeding Operations Act
shall be deemed to constitute consent for entry upon
the premises of such operation by the Board or its
agents for the purpose of implementing the provisions
of this subsection.
b. The State Department of Agriculture shall make at least
one inspection per calendar year of every poultry
feeding operation registered pursuant to the Oklahoma
Registered Poultry Feeding Operations Act.
B. 1. The Board shall promulgate standard precautions for the
prevention of the transmission of communicable diseases to humans and
animals to be used by employees of the Department when inspecting
poultry feeding operations pursuant to their official duties
specified by the Oklahoma Registered Poultry Feeding Operations Act
and rules promulgated pursuant thereto.
2. Except for emergency situations or when enforcement of the
provisions of the Oklahoma Registered Poultry Feeding Operations Act
requires the use of the standard precautions as promulgated by the
Board pursuant to paragraph 1 of this subsection, Department
employees shall observe the health standards and sanitary
requirements of the facility.
C. The Board shall maintain necessary records and undertake such
studies, investigations and surveys for the proper administration of
the Oklahoma Registered Poultry Feeding Operations Act.

§2-10-9.11.

A. 1. Any person violating the provisions of the Oklahoma
Registered Poultry Feeding Operations Act shall, upon conviction, be
guilty of a misdemeanor and may be punished by a fine not to exceed
Two Hundred Dollars ($200.00).
2. The Attorney General or the district attorney of the
appropriate district court of Oklahoma may bring an action in a court
of competent jurisdiction for the prosecution of a violation by any
person of a provision of the Oklahoma Registered Poultry Feeding
Operations Act or any rule promulgated thereunder.
B. 1. In addition to the criminal penalties specified by this
section, the State Department of Agriculture may:
a. assess an administrative penalty of not more than Two
Hundred Dollars ($200.00) per day of noncompliance, or
b. bring an action for injunctive relief granted by a
district court.
2. A district court may grant injunctive relief to prevent a
violation of, or to compel compliance with, any of the provisions of
the Oklahoma Registered Poultry Feeding Operations Act or any rule
promulgated thereunder or order, registrations and certificates
issued pursuant to the Oklahoma Registered Poultry Feeding Operations
Act.
3. Nothing in this section shall preclude the Department from
seeking penalties in district court in the maximum amount allowed by
law. The assessment of penalties in an administrative enforcement
proceeding shall not prevent the subsequent assessment by a court of
the maximum criminal penalties for violations of the Oklahoma
Registered Poultry Feeding Operations Act.
4. Any person assessed an administrative penalty may be required
to pay, in addition to such penalty amount and interest thereon,
attorneys fees and costs associated with the collection of such
penalties.
C. 1. Any action for injunctive relief to redress or restrain a
violation by any person of the Oklahoma Registered Poultry Feeding
Operations Act, or for any rule promulgated thereunder, or order
issued pursuant thereto, or recovery of any administrative penalty
assessed pursuant to the Oklahoma Registered Poultry Feeding Operations Act may be brought by:
a. the district attorney of the appropriate district court
of the State of Oklahoma,
b. the Attorney General on behalf of the State of
Oklahoma, or
c. the Department on behalf of the State of Oklahoma.
2. The court shall have jurisdiction to determine the action,
and to grant the necessary or appropriate relief, including but not
limited to mandatory or prohibitive injunctive relief, interim
equitable relief, and punitive damages.
3. It shall be the duty of the Attorney General and district
attorney if requested by the Commissioner of Agriculture to bring
such actions.
D. Except as otherwise provided by law, administrative and civil
penalties shall be paid into the State Department of Agriculture
Regulation Revolving Fund.
E. For the purposes of the Oklahoma Registered Poultry Feeding
Operations Act, each day upon which a violation is committed or is
permitted to continue shall be deemed a separate offense.
F. Any contract poultry grower determined after notice and
opportunity for a hearing by the Department as flagrantly
disregarding Best Management Practices shall result in the Department
notifying the integrator in writing.
G. The Department shall notify all integrators of any violations
assessed against an operator who is under a contract growing
arrangement with that integrator and, upon the written request of the
integrator, notify that integrator of all violations assessed an
operator with whom the integrator contemplates entering into a
contract.
H. In addition to other penalties as may be imposed by law, any
person who knowingly makes any false statement, representation or
certification form, notice or report, or who knowingly renders
inaccurate any monitoring device or method required to be maintained
by any rule promulgated by the Board, shall, upon conviction, be
guilty of a misdemeanor and may be subject to a fine of not more than
Five Thousand Dollars ($5,000.00) for each such violation.

§2-10-9.11.

A. Sections 13 through 15 of this act shall be known and may be
cited as the "Oklahoma Poultry Waste Transfer Act". The purpose of
this act shall be to encourage the transfer of poultry waste out of
designated nutrient-limited watersheds and nutrient-vulnerable
groundwater as designated in the most recent Oklahoma’s Water Quality
Standards.
B. The State Department of Agriculture shall develop a plan to
encourage the transfer of poultry waste out of designated nutrient-
limited watersheds and nutrient-vulnerable groundwater as designated
by the most recent Oklahoma’s Water Quality Standards.
§2-10-9.14.

A. There is hereby created in the State Treasury a fund for the
State Department of Agriculture to be designated as the Poultry Waste
Transfer Fund. The fund shall be a continuing fund not subject to
fiscal year limitations and shall consist of:
1. All monies received by the Department for implementing the
purpose of the provisions of the Oklahoma Poultry Waste Transfer Act;
2. Interest attributable to investment of money in the Poultry
Waste Transfer Fund; and
3. Money received by the Department in the form of gifts,
grants, reimbursements, or from any other source intended to be used
for the purposes specified by or collected pursuant to the provisions
of the Poultry Waste Transfer Fund.
B. The monies deposited in the Poultry Waste Transfer Fund shall
at no time become monies of the state and shall not become part of
the general budget of the Department or any other state agency.
Except as provided for in this section, no monies from the Poultry
Waste Transfer Fund shall be transferred for any purpose to any other
state agency or any account of the Department or be used for the
purpose of contracting with any other state agency or reimbursing any
other state agency for any expense.
§2-10-9.15.

The State Department of Agriculture shall file a report with the
Legislature and the Governor detailing the administration of the
Oklahoma Poultry Waste Transfer Act and its effectiveness in bringing
about the prevention of water pollution in this state. The first
report shall be filed no later than December 31, 1999. Subsequent
reports shall be filed every three (3) years thereafter.
§2-10-9.16.

Sections 16 through 21 of this act shall be known and may cited
as the "Oklahoma Poultry Waste Applicators Certification Act".
§2-10-9.17.

A. It shall be unlawful and a misdemeanor punishable by a fine
of not more than Five Thousand Dollars ($5,000.00) for any person to
act, operate, or do business or advertise as a commercial poultry
waste applicator or to land apply poultry waste as a private poultry
waste applicator unless such person has obtained a valid applicator’s
certificate issued by the State Board of Agriculture.
B. Applicator’s certificates shall be issued by the Board, to
applicants who qualify under the provisions of the Oklahoma Poultry
Waste Applicators Certification Act.
C. Certificates shall be issued only upon application therefor
to the Board on a form of application prescribed by the Board. The
application shall contain information regarding the applicant’s
qualifications and proposed operations and such other information as
may be specified by the Board.
D. A certificate shall be issued only after satisfactory
completion of such certification standards as determined by the
Board.
E. 1. All commercial applicator certificates shall expire on
the thirty-first day of December following their issuance or renewal,
and may be renewed for the ensuing calendar year, without penalty, if
a properly completed application is filed with the Board not later
than the first day of January of each year. A registration fee of
Fifteen Dollars ($15.00) shall accompany every initial application
for certification. A renewal fee of Fifteen Dollars ($15.00) shall
accompany every renewal application.
2. All private applicator certificates shall be in effect for
five (5) years and may be renewed by application. A registration fee
of Fifteen Dollars ($15.00) shall accompany every initial application
for certification. A renewal fee of Fifteen Dollars ($15.00) shall
accompany every renewal application.
3. All such fees shall be deposited in the Agriculture
Regulation Revolving Fund to be used for the purpose of implementing
the provisions of the Oklahoma Registered Poultry Feeding Operations
Act and the Oklahoma Poultry Waste Applicators Certification Act.
§2-10-9.18.

A. Every certified poultry waste applicator shall file by
December 31 of each year an annual report with the State Department
of Agriculture regarding all poultry waste land-applied by such
applicator for the period from July 1 of the previous year through
June 30 of that year. Such report shall contain the following
information:
1. The legal description and conservation district where the
poultry waste was produced;
2. The legal description and conservation district where the
poultry waste was land applied;
3. Date of each application;
4. Total and per acre amount of each application;
5. Name and address of the person for whom poultry waste was
applied;
6. The most recent soil test results obtained; and
7. Such other information as may be required by the State Board
of Agriculture.
B. The Department shall promulgate and make available forms to
be used in making such report.
C. Applicators who seek to obtain a renewal certificate shall
submit the report with their application for renewal. No renewal
certificate may be issued without submission of this report.
D. The State Department of Agriculture shall provide such
reports to the Oklahoma Conservation Commission. The Commission
shall publish an annual report containing the following information:
1. The total amount of poultry waste produced in each
conservation district; and
2. The total amount of poultry waste land applied by a certified
applicator when land applied in each conservation district.
E. The Commission shall submit copies of the report to the
Governor, the President Pro Tempore of the Senate and the Speaker of
the House of Representatives by March 1 of each year. Copies of such
reports shall be made available to all federal, state and local
cooperating agencies and to the general public.
§2-10-9.19.

A. 1. Prior to any land application of poultry waste by a
certified poultry waste applicator, the applicator shall obtain the
most recent soil and poultry waste tests as required by Section 7 of
this act.
2. Land application of poultry waste in a non-nutrient-limited
watershed and non-nutrient-vulnerable groundwaters shall not be made
at any rate which exceeds the most recently published United States
Department of Agriculture Natural Resources Conservation Service
Waste Utilization Standards.
3. The State Department of Agriculture may promulgate rules
pursuant to the Administrative Procedures Act which will prohibit the
land application of poultry waste in nutrient-limited watersheds and
nutrient-vulnerable groundwaters based upon lower soil phosphorous
levels than are allowed in this section for non-nutrient-limited
watersheds and non-nutrient-vulnerable groundwaters.
B. 1. Every commercial and private poultry waste applicator
shall keep an accurate record pertaining to land application of
poultry waste, which, as a minimum, shall show:
a. the time and place of each application of poultry
waste,
b. name and address of poultry waste applicator,
c. name and address of person for whom used,
d. legal description of land where used,
e. date applied,
f. soil test, and
g. such other information as may be required by the State
Board of Agriculture.
2. Such records shall be kept intact at the principal business
location in this state of the poultry waste applicator for at least
five (5) years and copies shall be furnished to any authorized agent
of the Board, upon request, within a reasonable time.
C. Every person who authorizes or allows poultry waste to be
land applied to property owned by or rented to such person shall keep
all the records required of poultry waste applicators by subsection B
of this section. Such records shall be kept for at least five (5)
years.
D. It shall be the duty of the Board to audit the maintenance of
such records as it deems necessary to carry out the provisions of the
Oklahoma Poultry Waste Applicators Certification Act.
§2-10-9.20.

A. The State Department of Agriculture shall administer and
enforce the provisions of the Oklahoma Poultry Waste Applicators
Certification Act and shall promulgate rules and standards for the
application of poultry waste, work performance, the certification of
applicators of poultry waste, recertification of applicators,
procedures and best management practices.
B. The State Board of Agriculture shall have the authority to
negotiate reciprocal agreements with the federal government or any
state, or any department or agency of either for the purpose of
fulfilling the intent of the Oklahoma Poultry Waste Applicators
Certification Act.
C. The Department may take samples of poultry waste and soil at
application sites in order to determine their concentration. The
work of each applicator may be inspected at the application site of
each applicator to determine whether or not the work is performed
according to the provisions of the Oklahoma Poultry Waste Applicators
Certification Act.
§2-10-9.21.

A. Any certificate issued pursuant to the Oklahoma Poultry Waste
Applicators Certification Act may be suspended, canceled, denied, or
revoked by the State Department of Agriculture after notice and an
opportunity to be heard has been given to the holder of the
certificate.
B. Suspension, cancellation, denial or revocation of a
certificate may be made if the Department finds the holder of the
certificate:
1. Has used methods of poultry waste not suitable or safe for
the land application site for which they shall have been employed;
2. Has failed or refused to furnish the Department, upon
request, true information regarding methods and safety measures used,
work performed, or other information deemed essential by the
Department, or has made any false statement or representation in such
person’s application for issuance or renewal of a certificate;
3. Has violated any state law, rule, or standard prescribed or
order issued by the State Board of Agriculture;
4. Has failed or refused to maintain records as specified in the
Oklahoma Poultry Waste Applicators Certification Act;
5. Has failed to perform work according to minimum standards
authorized by the Oklahoma Poultry Waste Applicators Certification
Act;
6. Has acted, operated, done business, or advertised as a
commercial applicator without having obtained a valid certificate
issued by the Department;
7. Has acted or operated as a private applicator without having
obtained a valid private poultry waste applicator certificate issued
by the Department; or
8. Has been convicted in any court of a violation of the
Oklahoma Poultry Waste Applicators Certification Act.

§2-10-9.22.

A. 1. The Oklahoma Legislature hereby establishes that it is
the public policy to maintain and protect the high quality of the
surface and groundwater of this state for present and future uses.
2. Because of the potential threat of water contamination it is
imperative for the protection of the public health and safety of the
citizens of this state, that educational training programs on poultry
waste management consistent with this act be made available and
provided to operators of poultry feeding operations and land
applicators of poultry waste. To ensure that the educational
programs are fully and adequately funded, integrators doing business
in this state shall contract with the Oklahoma State University
through the Oklahoma Cooperative Extension Service to provide
educational training courses and certification of operators of
poultry feeding operations and land applicators of poultry waste.
The contract shall require that integrators shall provide One Hundred
Fifty Thousand Dollars ($150,000.00) during fiscal year ending June
30, 1999 and funds up to, but not exceeding Fifty Thousand Dollars
($50,000.00) for each of the three subsequent fiscal years. In the
event of federal mandates, regulations or requirements concerning
poultry feeding operations which duplicate any or all state
regulations the federal mandates, regulations or requirements would
supersede such regulations.
§2-10-9.23.

The Oklahoma Cooperative Extension Service shall provide to the
Secretary of the Environment no later than January 31, 1999, and
January 31 of each following year, a written report of their
educational activities involving poultry operators and waste
applicators pursuant to this act. This report shall include, but not
be limited to:
1. The number of operators and applicators enrolled in courses
required in the first year listed by conservation district;
2. The number of operators successfully completing such courses
listed by conservation district;
3. The number of operators and applicators enrolled in courses
required in subsequent years listed by conservation district; and
4. The number of operators successfully completing such courses
listed by conservation district.
The Secretary of the Environment shall use the data provided in this
report along with water quality monitoring and other environmental
data to evaluate the effectiveness of the curriculum offered. The
Secretary shall work in conjunction with the Oklahoma Cooperative
Extension Service to correct any course deficiencies identified in
the evaluation.
§2-10-9.24.

There is hereby created in the State Treasury a revolving fund
for the State Department of Agriculture to be designated the
"Agriculture Regulation Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of fees and fines assessed on concentrated animal feeding
operations, registered poultry feeding operations, and any other
monies deposited in this fund pursuant to law. All monies accruing
to the credit of the fund are hereby appropriated and may be budgeted
and expended by the State Department of Agriculture for the
regulation, enforcement, and administration of the State Department
of Agriculture Water Quality Division. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of State Finance
for approval and payment.
§2-10-9.25.

The provisions of this act are severable and if any part or
provision shall be held void the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions
of this act.