Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 17 - Water Quality › Subchapter 3 - Swine Feeding Operations › Section 35:17-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in the Oklahoma Swine Feeding
				  Operations Act, the following words or terms, when used in this Subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
means the Oklahoma Swine Feeding
				  Operations Act beginning at Section
				  20-1 of
				  Title 2 of the Oklahoma Statutes.
"ALJ"
means Administrative Law Judge.
"ASTM"
means the most current version of the
				  American Society of Testing Materials standards.
"APA"
means the Oklahoma Administrative
				  Procedures Act, beginning at Section
				  301 of
				  Title 75 of the Oklahoma Statutes.
"Application"
means a set of documents filed
				  with the Oklahoma Department of Agriculture, Food, and Forestry for the purpose
				  of obtaining an Oklahoma swine feeding operation license from the State Board
				  of Agriculture.
"Building permit"
means an approval from the
				  State Board of Agriculture to commence construction of a new or expanding
				  LMFO.
"Discharge"
means any release by leaking,
				  pumping, pouring, emitting, emptying, dumping, escaping, seeping, leaching, or
				  other means of release of wastes or wastewater except as otherwise provided in
				  Section
				  20-6
				  of Title 2 of the Oklahoma Statutes. The term discharge shall not include a
				  distribution of waste water into an irrigation system for the purpose of land
				  application of waste to property, provided the waste does not leave the land
				  application area.
"Hearing"
means an individual proceeding
				  conducted pursuant to the provisions of the Oklahoma Administrative Procedures
				  Act.
"Licensing process"
means the procedures where
				  permission to engage in certain activities pursuant to the provisions of the
				  Oklahoma Swine Feeding Operations Act is granted by the Board. Procedures
				  include but are not limited to application, notice to affected property owners,
				  Department review, publication of notice of application, hearings, and issuance
				  of a building permit and license.
"LMFO"
means a Licensed Managed Feeding
				  Operation as defined by Section
				  20-3
				  of Title 2 of the Oklahoma Statutes.
"Party"
means a person or agency named and
				  participating or properly seeking and entitled by these rules to participate in
				  hearings.
"Person"
means any individual, association,
				  partnership, firm, company, public trust, corporation, joint-stock company,
				  limited liability company, limited liability partnership, trust, estate, state
				  or federal government agency, municipality, other governmental entity, or any
				  other legal entity or their agent, employee, representative, assignee, or
				  successor.
"Spill"
means the release from a swine feeding
				  operation of any process wastewater or manure that does not reach waters of the
				  state.
"USDA NRCS"
means the United States Department
				  of Agriculture Natural Resources Conservation Service.
"25-year, 24-hour rainfall event"
means the
				  maximum twenty-four (24) hour precipitation event with a probable recurrence
				  interval of once in twenty-five (25) years, as defined by the National Weather
				  Service in Technical Paper Number 40, "Rainfall Frequency Atlas of the United
				  States," May 1961, and subsequent amendments, or equivalent regional or state
				  rainfall probability information.
Added at 15 Ok Reg 102,
				  eff 10-13-97 (emergency); Added at 15 Ok Reg 1055, eff 12-19-97 (emergency);
				  Added at 15 Ok Reg 2508, eff 6-25-98; Amended at 15 Ok Reg 4247, eff 9-2-98
				  (emergency); Amended at 16 Ok Reg 1717, eff 6-11-99; Amended at 24 Ok Reg 1763,
				  eff 6-25-07; Amended at 25 Ok Reg 1795, eff
				  7-1-08