A. 1. Any swine feeding operation meeting the criteria defining a concentrated swine feeding operation shall be required to obtain a license to operate pursuant to the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto.

2. No swine feeding operation which voluntarily obtains a license pursuant to the Oklahoma Swine Feeding Operations Act shall be considered to be a concentrated swine feeding operation unless the operation meets the definition of concentrated swine feeding operation.

3. Any other swine feeding operation, regardless of the number of swine, shall only be required to be licensed pursuant to the provisions of the Oklahoma Swine Feeding Operations Act and rules promulgated pursuant thereto if the State Board of Agriculture determines the operation to be a significant contributor of pollution to waters of the state.

B. 1. Two or more swine feeding operations under common ownership are considered, for the purposes of licensure, to be a single swine feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

2. A licensed managed feeding operation shall be required to seek a modification of its license for any increase in excess of five percent (5%) of the original facility's licensed capacity.

D. 1. The Board may make a case-by-case designation of concentrated swine feeding operations pursuant to this section. Any swine feeding operation may be designated as a concentrated swine feeding operation if it is determined to be a significant contributor of pollution to the waters of the state. In making this designation, the Board shall consider the following factors:

2. In no case shall an application for a license be required from a swine feeding operation pursuant to this subsection until there has been an on-site inspection of the operation and a determination by the Oklahoma Department of Agriculture, Food, and Forestry that the operation is a concentrated swine feeding operation. Should the Department determine that the operation is a concentrated swine feeding operation, the Department shall notify the operation of the determination and of an opportunity for the owner or operator of the facility to request an administrative hearing on the issue.

3. Process wastewater in the overflow may be discharged to navigable waters whenever rainfall events, either chronic or catastrophic, cause an overflow of process wastewater from a retention structure properly designed, constructed and operated to contain all process wastewaters plus the runoff from a twenty-five-year, twenty-four-hour rainfall event for the location of the point source. There shall be no effluent limitations on discharges from a waste facility constructed and properly maintained to contain the twenty-five-year, twenty-four-hour storm event; provided, the proper design, construction and operation of the retention structure shall include but not be limited to one (1) foot of free board.