2019 Oklahoma Statutes
Title 2. Agriculture
§2-2A-22. Definitions.

For the purposes of the Oklahoma Agriculture Environmental Permitting Act:

1. “Application” means a document or set of documents, filed with the Oklahoma Department of Agriculture, Food, and Forestry for the purpose of receiving a permit or the modification, amendment, or renewal thereof from the Department. The term “application” includes any subsequent additions, revisions, or modifications submitted to the Department that supplement, correct, or amend a pending application;

2. “Draft permit” means a draft document prepared by the Department after it has found a Tier II or III application for a permit to be administratively and technically complete and that the application may warrant the issuance, modification, or renewal of the permit;

3. “Permit” means a permission required by law and issued by the Department, the application for which has been classified as Tier I, II, or III by the State Board of Agriculture. The term “permit” includes but is not limited to:

a.specific types of permits and other Department authorizations including certifications, registrations, licenses, and plan approvals,

b.general permits and notices of intent for coverage by a general permit, and

c.an approved variance from a promulgated rule; however, for existing facilities the Department may require additional notice and public participation opportunities for variances posing the potential for increased risk;

4. “Process meeting” means a meeting open to the public which is held by the Department to explain the permitting process and the public participation opportunities applicable to a specific Tier III application;

5. “Proposed permit” means a document, based on a draft permit and prepared by the Department after consideration of comments received on the draft permit, that indicates the decision of the Department to issue a final permit pending the outcome of an administrative permit hearing, if any;

6. “Qualified interest group” means any organization with twenty-five or more members who are Oklahoma residents;

7. “Response to comments” means a document prepared by the Department after its review of timely comments received on a draft denial or draft permit pursuant to public comment opportunities which:

a.specifies any provisions of the draft permit that were changed in the proposed or final permit and the reasons for the changes, and

b.briefly describes and responds to all significant comments raised during the public comment period or any hearing regarding the draft denial or draft permit;

8. “Tier I” means a basic process of permitting that includes application, notice to the landowner, and Department review. For the Tier I process, a permit shall be issued or denied by a technical supervisor of the reviewing Division or local representative of the Department provided the authority has been delegated by the Director;

9. “Tier II” means a process of permitting which includes:

a.the Tier I process,

b.published notice of application filing,

c.preparation of the draft permit or draft denial,

d.published notice of the draft permit or draft denial and opportunity for a formal public meeting, and

e.public meeting, if any.

For the Tier II process, a permit shall be issued or denied by the supervisor of the reviewing Division provided the authority has been delegated thereto by the Director; and

10. “Tier III” means an expanded process of permitting which includes:

a.(1)the Tier II process, except the notice of filing, shall also include an opportunity for a process meeting,

(2)preparation of the response of the Department to comments, and

(3)denial of application, or

b.preparation of a proposed permit, the published notice of availability of the proposed permit and the response to comments and of the opportunity for an administrative permit hearing, and an administrative permit hearing, if any.

For the Tier III process, a permit shall be issued or denied by the Director.

Added by Laws 2005, c. 292, § 13, eff. July 1, 2005.