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:
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.