SECTION 35:17-3-2. Definitions

  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.

[Source: 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]