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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 120 By: Burns
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5
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6 AS INTRODUCED
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7 An Act relating to animal feeding operations;
7 amending 2 O.S. 2021, Sections 10-9.5, as amended by
8 Section 1, Chapter 372, O.S.L. 2024, and 20-45 (2
8 O.S. Supp. 2024, Section 10-9.5), which relate to
9 application for registration and licensure for
9 certain feeding operations; requiring owners and
10 operators to provide proof of residency to receive
10 registration or licensure; requiring certain
11 documentation for verification of residency; updating
11 statutory reference; updating statutory language; and
12 providing an effective date.
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13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 2 O.S. 2021, Section 10-9.5, as
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16 amended by Section 1, Chapter 372, O.S.L. 2024 (2 O.S. Supp. 2024,
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17 Section 10-9.5), is amended to read as follows:
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18 Section 10-9.5. A. The State Board of Agriculture shall
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19 provide the necessary forms and applications for any person desiring
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20 or required to register a poultry feeding operation or expanding
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21 operation.
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22 B. The application to register to operate a new or previously
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23 unregistered poultry feeding operation or expanding operation shall
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24 contain, at a minimum, the following information:
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Req. No. 184 Page 1
1 1. Name and address of the owner and operator of the facility;
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2 2. Name and address of the poultry feeding operation;
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3 3. Number and type of poultry housed or confined;
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4 4. Name and address of the integrator whose poultry will be
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5 raised by the poultry feeding operation;
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6 5. A diagram or map and legal description showing geographical
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7 location of the facility on which the perimeters of the facility are
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8 designated, location of waters of the state, including, but not
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9 limited to, drainage from the facility, poultry waste storage
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10 facilities, and land-application sites owned or leased by the
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11 applicant or which the applicant has contracted with for the
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12 application of poultry waste;
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13 6. A copy of the Nutrient Management Plan, or proof of
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14 application for such plan, Best Management Practices or any other
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15 plans authorized by the Oklahoma Department of Agriculture, Food,
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16 and Forestry;
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17 7. A statement of ownership.
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18 a. If the applicant is a corporation, the name and
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19 address of the corporation and the name and address of
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20 each officer and registered agent of the corporation
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21 shall be included in the application.
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22 b. If the applicant is a partnership or other legal
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23 entity, the name and address of each partner and
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Req. No. 184 Page 2
1 stockholder with an ownership interest of ten percent
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2 (10%) or more shall be included in the statement.
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3 c. The information contained in the statement of
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4 ownership shall be public information and shall be
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5 available upon request from the Board;
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6 8. In order to be considered a resident of this state for
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7 purposes of registration, all registered owners and operators of the
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8 facility shall provide proof of state residency for at least two (2)
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9 years immediately preceding the date of application. Sufficient
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10 documentation of proof of residency shall include a combination of
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11 the following:
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12 a. an unexpired state-issued driver license,
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13 b. an unexpired state-issued identification card,
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14 c. a utility bill preceding the date of application,
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15 excluding cellular telephone and Internet bills,
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16 d. a residential property deed to property in this state,
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17 and
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18 e. a rental agreement preceding the date of application
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19 for residential property located in this state.
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20 The name on the application shall be reflected on all
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21 documentation requested in this paragraph;
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22 9. The name and address of the person having day-to-day control
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23 of the operation, if such person is not the applicant and is acting
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24 as agent for the applicant;
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Req. No. 184 Page 3
1 9. 10. An environmental history from the past three (3) years
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2 of any poultry feeding operation established and operated by the
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3 applicant or any other operation with common ownership in this state
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4 or any other state;
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5 10. 11. Environmental awards or citations received or pollution
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6 prevention or voluntary remediation efforts undertaken by the
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7 applicant; and
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8 11. 12. Any other information or records required by the
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9 Department for purposes of implementing the Oklahoma Registered
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10 Poultry Feeding Operations Act or rules promulgated pursuant
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11 thereto.
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12 C. In addition to other penalties as may be imposed by law, any
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13 person who knowingly makes any false statement, representation, or
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14 certification in, omits material data from, or tampers with any
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15 application for registration shall, upon conviction, be guilty of a
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16 misdemeanor and may be subject to a fine not more than Ten Thousand
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17 Dollars ($10,000.00) for each such violation.
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18 D. The owner of a poultry feeding operation shall be
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19 responsible for sending written notification to the Department upon
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20 changing integrators.
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21 E. For a transfer of registration to a new owner, the new owner
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22 shall register the operation pursuant to the rules of the
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23 Department.
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1 F. 1. All operators of poultry feeding operations and poultry
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2 waste applicators shall attend educational courses on poultry waste
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3 handling. All such operators and applicators shall attend
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4 educational training on poultry waste management as provided by
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5 Oklahoma State University through the Cooperative Extension Service.
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6 All current and new operators and applicators shall receive the
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7 initial nine (9) hours of training in the first year and two (2)
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8 hours of continuing education every year until the operator or
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9 applicator has received a total of nineteen (19) hours of training.
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10 Any operator or applicator may attend more hours than is required;
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11 however, those hours shall not be carried forward. Upon receiving
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12 the nineteen (19) required hours, the operator or applicator shall
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13 be required to receive two (2) hours of continuing education every
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14 three (3) years. The Cooperative Extension Service shall develop
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15 the educational training course to aid in certification. Curricula
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16 for the training course will include the Cooperative Extension
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17 Service waste management facts series and record books or their
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18 current equivalent. Courses for poultry waste management shall
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19 include the following topics:
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20 a. environmental process relevant to protecting water
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21 quality in poultry production,
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22 b. basic handling systems to manage poultry waste from
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23 all types of poultry operations,
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Req. No. 184 Page 5
1 c. nutrient management, including sampling procedures,
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2 application rate determination, equipment calibration,
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3 and record-keeping systems,
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4 d. relevant laws and rules applicable to poultry waste
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5 management in this state, and
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6 e. any other related subject as determined by Oklahoma
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7 State University in consultation with the Department.
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8 2. At the completion of each course, the operator or applicator
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9 shall receive a certification verifying completion. The
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10 certificates shall be kept on site for five (5) years.
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11 3. Failure to obtain the initial nine-hour training and any
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12 continuing education as provided in this subsection shall be deemed
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13 a violation of the Oklahoma Registered Poultry Feeding Operations
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14 Act for operators and the Oklahoma Poultry Waste Applicators
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15 Certification Act for applicators.
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16 4. All operators or applicators shall meet the educational
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17 requirements of this section no later than December 31 of each year.
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18 5. All operators and applicators are solely responsible for
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19 obtaining and maintaining all educational requirements established
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20 pursuant to the provisions of this subsection.
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21 G. No integrator shall enter into any contract with an operator
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22 of a poultry feeding operation who is not in compliance with the
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23 education requirements of subsection F of this section.
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Req. No. 184 Page 6
1 SECTION 2. AMENDATORY 2 O.S. 2021, Section 20-45, is
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2 amended to read as follows:
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3 Section 20-45. A. The State Board of Agriculture shall cause
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4 to be prepared and available, for any person desiring or required to
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5 apply for a license to operate a new or previously unlicensed animal
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6 feeding operation, the necessary forms and applications.
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7 B. The application for a license to operate a new or previously
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8 unlicensed animal feeding operation shall contain, as a minimum, the
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9 following information:
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10 1. Name and address of the owner and operator of the facility;
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11 2. Name and address of the animal feeding operation;
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12 3. Capacity in animal units, and number and type of animals
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13 housed or confined;
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14 4. A diagram or map and legal description showing geographical
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15 location of the facility on which the perimeters of the facility are
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16 designated, location of waters of the state, including, but not
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17 limited to, drainage from the facility, animal waste storage
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18 facilities and land application sites owned or leased by the
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19 applicant;
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20 5. A copy of the Pollution Prevention Plan containing an Animal
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21 Waste Management Plan, Best Management Practices, or such other plan
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22 authorized by the Oklahoma Concentrated Animal Feeding Operations
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23 Act and approved by the Department;
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Req. No. 184 Page 7
1 6. A copy of the written waiver by an adjacent property owner
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2 to the facility releasing specified setback requirements as provided
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3 by Section 44 of the Oklahoma Concentrated Animal Feeding Operations
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4 Act; and
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5 7. In order to be considered a resident of this state for
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6 purposes of licensure, all licensed owners and operators of the
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7 facility shall provide proof of state residency for at least two (2)
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8 years immediately preceding the date of application. Sufficient
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9 documentation of proof of residency shall include a combination of
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10 the following:
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11 a. an unexpired state-issued driver license,
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12 b. an unexpired state-issued identification card,
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13 c. a utility bill preceding the date of application,
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14 excluding cellular telephone and Internet bills,
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15 d. a residential property deed to property in this state,
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16 and
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17 e. a rental agreement preceding the date of application
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18 for residential property located in this state.
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19 The name on the application shall be reflected on all
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20 documentation requested in this paragraph; and
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21 8. Any other information deemed necessary by the Oklahoma
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22 Department of Agriculture, Food, and Forestry to administer the
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23 provisions of the Oklahoma Concentrated Animal Feeding Operations
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24 Act and rules promulgated pursuant thereto.
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Req. No. 184 Page 8
1 C. 1. An application for renewal of a license to operate an
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2 animal feeding operation shall be considered to be properly filed
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3 when the Department has received a completed renewal application and
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4 payment of fees from the applicant.
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5 2. If the application for renewal is denied, written
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6 notification of the denial and an opportunity for an administrative
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7 hearing on the denial shall be given to the applicant by the
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8 Department. The notification shall set forth the reasons for the
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9 denial, steps necessary to meet the requirements for issuance of the
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10 renewal license and the opportunity for the applicant to request an
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11 administrative hearing.
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12 D. For transfer of a license to a new owner or operator, the
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13 following conditions shall be met:
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14 1. The new owner or operator shall submit to the Department a
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15 transfer application, attaching any change of conditions resulting
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16 from the transfer of ownership or operation;
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17 2. After receipt of the information required, the Department
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18 shall review the information, and within sixty (60) days, issue
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19 approval or denial of the transfer. Transfer of a license shall be
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20 denied only if:
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21 a. the new owner or operator cannot comply with the
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22 requirements of transfer,
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Req. No. 184 Page 9
1 b. the Department finds a material or substantial change
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2 in conditions since the issuance of the original
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3 license to operate the animal feeding operation,
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4 c. failure of the new owner or operator to meet any other
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5 conditions or requirements for compliance established
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6 by the Department pursuant to the Oklahoma
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7 Concentrated Animal Feeding Operations Act and rules
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8 promulgated pursuant thereto, or
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9 d. the new owner or operator has failed to meet the
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10 requirements of Section 48 of the Oklahoma
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11 Concentrated Animal Feeding Operations Act 20-61 of
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12 this title; and
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13 3. If a transfer is denied, written notification of the denial
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14 and an opportunity for an administrative hearing on the denial shall
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15 be given to the applicant for a transfer license by the Department.
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16 The notification shall set forth the reasons for the denial, steps
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17 necessary to meet the requirements for a transfer license, and the
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18 opportunity for the applicant to request an administrative hearing;
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19 and
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20 4. Proof of residency provisions pursuant to paragraph 7 of
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21 subsection B of this section.
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22 E. Any suspension or revocation or nonrenewal of a license
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23 issued pursuant to the Oklahoma Concentrated Animal Feeding
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Req. No. 184 Page 10
1 Operations Act by the Board shall be made in accordance with Section
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2 48 of this act 20-61 of this title.
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3 F. In addition to other information required for issuance of a
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4 new or transfer license, an application for a new or transfer
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5 license for a concentrated animal feeding operation shall contain
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6 the following information:
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7 1. a. A statement of ownership.
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8 (1) If the applicant is a firm or partnership, the
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9 name and address of each member thereof shall be
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10 included in the application.
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11 (2) If the applicant is a corporation, the name and
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12 address of the corporation and the name and
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13 address of each officer and registered agent of
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14 the corporation shall be included in the
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15 application.
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16 (3) If the applicant is a partnership or other legal
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17 entity, the name and address of each partner and
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18 stockholder with an ownership interest of ten
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19 percent (10%) or more shall be included in the
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20 statement.
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21 b. The information contained in the statement of
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22 ownership shall be public information and shall be
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23 available upon request from the Board;
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Req. No. 184 Page 11
1 2. The name and address of the management, if the management is
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2 not the applicant and is acting as agent for the applicant;
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3 3. a. An environmental history from the past three (3) years
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4 of any concentrated animal or swine feeding operation
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5 established and operated by the applicant or any other
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6 operation with common ownership in this state or any
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7 other state. The environmental history shall include
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8 but not be limited to all citations, administrative
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9 orders or penalties, civil injunctions or other civil
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10 actions, criminal actions, past, current and ongoing,
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11 taken by any person, agency or court relating to
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12 noncompliance with any environmental law, rule, agency
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13 order, or court action relating to the operation of an
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14 animal or swine feeding operation.
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15 b. A copy of all records relating to the environmental
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16 history required by this paragraph shall accompany the
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17 application.
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18 c. Noncompliance with a final agency order or final order
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19 or judgment of a court of record which has been set
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20 aside by a court on appeal of the final order or
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21 judgment shall not be considered a final order or
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22 judgment for the purposes of this subsection;
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1 4. Environmental awards or citations received or pollution
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2 prevention or voluntary remediation efforts undertaken by the
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3 applicant; and
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4 5. Any other information or records required by the Department
4
5 for purposes of implementing the Oklahoma Concentrated Animal
5
6 Feeding Operations Act or rules promulgated pursuant thereto.
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7 G. 1. In addition to other penalties as may be imposed by law,
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8 any person who knowingly makes any false statement, representation,
8
9 or certification in, omits material data from, or tampers with any
9
10 application for a license, or notice relating to the determination
10
11 of affected property owners, shall, upon conviction thereof, be
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12 guilty of a misdemeanor and may be subject to a fine of not more
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13 than Ten Thousand Dollars ($10,000.00) for each such violation. In
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14 addition, the Department shall deny licensure to the applicant or
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15 may require submission of a new application.
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16 2. The responsibility for ensuring that all affected property
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17 owners are notified pursuant to the provisions of this section shall
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18 be upon the applicant.
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19 SECTION 3. This act shall become effective November 1, 2025.
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21 60-1-184 MR 12/27/2024 10:55:22 AM
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Req. No. 184 Page 13Every fact on this page links to its source, starting with the official bill record.