2023 Oklahoma Statutes › Title 2. Agriculture › §2-20-17. Evidence of financial ability.

A. Any person who is licensed to operate a swine feeding operation with a liquid swine waste management system within this state shall furnish to the Oklahoma Department of Agriculture, Food, and Forestry evidence of financial ability to comply with the requirements for closure of retention structures and other waste facilities as established pursuant to the provisions of this section and rules promulgated by the State Board of Agriculture.
B. 1. To establish evidence of financial ability the Department shall require:
a.
Category A surety which shall include a financial statement listing assets and liabilities and including a general release that the information may be verified with banks and other financial institutions. The financial statement shall be confidential and shall not be opened to public inspection. The statement shall prove a net worth of not less than:
(1)
Ten Thousand Dollars ($10,000.00) for any swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act having a capacity of more than three hundred (300) swine animal units but having one thousand (1,000) swine animal units or less,
(2)
Twenty-five Thousand Dollars ($25,000.00) for any swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act having a capacity of more than one thousand (1,000) swine animal units but less than two thousand (2,000) swine animal units, or
(3)
Fifty Thousand Dollars ($50,000.00) for any swine feeding operation licensed pursuant to the Oklahoma Swine Feeding Operations Act having a capacity of more than two thousand (2,000) swine animal units, or
b.
Category B surety which shall include an irrevocable commercial letter of credit, cash, a cashier's check, a Certificate of Deposit, Bank Joint Custody Receipt, other negotiable instrument or a blanket surety bond. Except as provided in paragraph 2 of this subsection, amount of such letter of credit, cash, check, certificate, bond, receipt or other negotiable instrument shall be in the amount of Twenty-five Thousand Dollars ($25,000.00). The Department is authorized to determine the amount of Category B surety based upon the past performance of the owner or operator regarding compliance with the laws of this state, and any rules promulgated pursuant thereto. Any instrument shall constitute an unconditional promise to pay and be in a form negotiable by the Department.
2. The Department upon certification by any swine feeding operation subject to Category B surety that its liability statewide is less than the twenty-five-thousand-dollar standard specified in this section may allow the owner or operator to provide Category B type surety in an amount less than the required Twenty-five Thousand Dollars ($25,000.00), but at least sufficient to cover the estimated cost of all closure and removal operations currently the responsibility of that owner or operator.
C. 1. Any swine feeding operation licensed pursuant to the provisions of the Oklahoma Swine Feeding Operations Act which does not have any outstanding contempt citations or fines may post Category A surety.
2. Any swine feeding operation licensed pursuant to the provisions of the Oklahoma Swine Feeding Operations Act which does have outstanding fines or contempt citations shall be required to post Category B surety. Swine feeding operations which have posted Category B surety and have operated under this type surety and have no outstanding fines at the end of three (3) years may post Category A surety.
D. For good cause shown concerning pollution by the swine feeding operations posting either Category A or B surety, the Department, after notice and hearing, may require the filing of additional Category B surety in an amount greater than Twenty-five Thousand Dollars ($25,000.00) but not to exceed Five Dollars ($5.00) times the number of swine animal units for the facility being licensed.
E. 1. If the Department, after notice and an opportunity for hearing, determines that the swine feeding operation licensed pursuant to the provisions of the Oklahoma Swine Feeding Operations Act has neglected, failed, or refused to close any surface impoundment, or remove or cause to be removed any equipment, or has abandoned the facility, then the swine feeding operation shall be deemed to have forfeited the letter of credit or negotiable instrument required by this section or shall pay to this state, for deposit in the State Treasury, a sum equal to the cost of closure of any surface impoundment or removal of equipment.
2. The Department may cause the remedial work to be done, issuing a warrant in payment of the cost thereof drawn against the monies accruing in the State Treasury from the forfeiture or payment.
3. The Department shall also recover any costs arising from litigation to enforce this provision. Provided, before a swine feeding operation is required to forfeit or pay any monies to the state pursuant to this section, the Department shall notify the swine feeding operation at the last-known address of the determination of neglect, failure or refusal to close any surface impoundment or remove equipment and the swine feeding operation shall have ten (10) days from the date of notification within which to commence remedial operations. Failure to commence remedial operations shall result in forfeiture or payment as provided in this subsection.
F. If title to a swine feeding operation is transferred, the transferee shall furnish the evidence of financial ability to close surface impoundments required by the provisions of this section, prior to the transfer.
Added by Laws 1997, c. 331, § 15, eff. Sept. 1, 1997. Renumbered from § 9-209.1 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 17, eff. Nov. 1, 2007.