STIR

Dear STIR members,

This legislative session scenic river supporters will have to be very alert for bad legislation that could weaken water
quality rules and/or scenic river protections.

One bill STIR will monitor very closely is SB 709 by Sen. Ron Justice.

SB 709, we believe, was brought by the pork industry. It is aimed at changing protective setbacks included in Confined
Animal Feeding Operations (CAFO) rules. A three-mile setback for scenic rivers and outstanding resource waters such as
Tenkiller Lake would disappear if SB 709 is adopted and signed by Governor Henry.

This is a heads up. The text of the bill is provided below.

Here is the information for Sen. Justice: Office telephone 405 521-5537. Email justice@oksenate.gov
Office: Room 533 State Capitol Building, 2300 N Lincoln Blvd., Oklahoma City, OK 73105.

Sen. Justice, Republican, Chickasha, is co-chairman of the Senate Agriculture and Rural Development Committee. He is a
retired OSU extension agent.

Another proposed bill, SB 126, defines animal waste as not hazardous. This legislation apparently is driven by the poultry
lawsuit and is brought by the out of state poultry companies and Oklahoma Farm Bureau. This bill is by Sen. Richard
Lerblance, Democrat, Hartshorne, Room 425 State Capitol Building, 2300 N Lincoln Blvd., Oklahoma City, Ok 73105. 405
521-5604. Email bell@oksenate.gov

We must watch this and similar bills very closely this session and call on our legislators to vote NO on dirty water
legislation.
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STATE OF OKLAHOMA
1st Session of the 51st Legislature (2007)
SENATE BILL 709 By: Justice

AS INTRODUCED

An Act relating to agriculture; amending 2 O.S. 2001, Sections 9-210.1, as renumbered by Section 25, Chapter 292, O.S.L.
2005, and 9-210.3, as renumbered by Section 25, Chapter 292, O.S.L. 2005 (2 O.S. Supp. 2006, Sections 20-19 and 20-21),
which relate to The Oklahoma Concentrated Animal Feeding Operations Act; modifying scope of certain setback
requirements; modifying setback requirements for location of certain animal feeding operations; deleting certain
requirements for location of animal feeding operation; repealing 82 O.S. 2001, Section 1020.11a, as last amended by
Section 105, Chapter 3, O.S.L. 2003 (82 O.S. Supp. 2006, Section 1020.11a), which relates to permits for swine feeding
operations; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 2 O.S. 2001, Section 9-210.1, as renumbered by Section 25, Chapter 292, O.S.L. 2005 (2 O.S.
Supp. 2006, Section 20-19), is amended to read as follows:

A. Except as otherwise provided by Section 9-210.2 20-20 of this title, the state shall be divided east and west based on the
Indian Meridian for the purpose of determining setback requirements from occupied residences for animal feeding
operations using a liquid animal waste management system where swine are primarily housed in a roof-covered structure
and which were established between September 1, 1997, and June 1, 1998:

1. No new or expanding licensed managed feeding operation with a capacity of two thousand (2,000) or more animal
units:

a. located in the eastern half of the state shall be constructed where its closest waste facility is within a distance of
one-half (1/2) mile of any occupied residence not owned or leased by the owner or operator of the licensed managed
feeding operation, or

b. located in the western half of the state shall be constructed where its closest waste facility is within a distance of
three-fourths (3/4) mile of any occupied residence not owned or leased by the owner or operator of the licensed managed
feeding operation.

2. No new or expanding animal feeding operation with a capacity of less than two thousand (2,000) animal units but more
than one thousand (1,000) animal units:

a. located in the eastern half of the state shall be constructed where its closest waste facility is located within a distance of
one-fourth (1/4) mile of any occupied residence not owned or leased by the owner of the animal feeding operation, or

b. located in the western half of the state shall be constructed where its closest waste facility is located within a distance
of one-half (1/2) mile of any occupied residence not owned or leased by the owner of the animal feeding operation.

3. 2. No new or expanding animal feeding operation with a capacity of more than three hundred (300) animal units but
having one thousand (1,000) animal units or less shall be constructed where its closest waste facility is located within a
distance of one-fourth (1/4) mile of any occupied residence not owned or leased by the owner of the animal feeding
operation.

B. Except as otherwise authorized by this subsection, no liquid animal waste shall be land applied within five hundred
(500) feet of the nearest corner of an occupied residence not owned or leased by the owner of the animal feeding
operation.

C. Except as otherwise provided by Section 9-210.2 20-20 of this title, no concentrated animal feeding operation shall be
established after September 1, 1997, which is within one (1) mile of ten or more residences which are occupied residences
at the time of the establishment of the concentrated animal feeding operation.

D. The proscription contained in subsections A, B and C of this section shall not apply if the applicable property owner
executes a written waiver with the owner or operator of the animal feeding operation, under such terms and conditions
that the parties negotiate. The written waiver becomes effective upon recording of the waiver in the offices of the recorder
of deeds in the county in which such property is located. The filed waiver shall preclude enforcement of the setback
requirements contained in subsections A, B and C of this section. A change in ownership of the applicable property or
change in the ownership of the property on which the animal feeding operation is located shall not affect the validity of
the waiver.

E. No liquid animal waste shall be land applied within three hundred (300) feet of an existing public or private drinking
water well.

F. Except as otherwise provided by Section 9-210.2 20-20 of this title, no concentrated animal feeding operation shall be
established after September 1, 1997, which is located:

1. Within three (3) miles of a state park or resort;

2. On land within three (3) miles of the incorporated limits of any municipality;

3. Within three (3) miles of the high water mark of a surface public water supply if the concentrated animal feeding
operation is located within the drainage basin for the public water supply.

G. All distances between occupied residences and animal feeding operations shall be measured from the closest corner of
the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the State Oklahoma
Department of Agriculture, Food and Forestry. The property boundary line of the real property is not used unless it
coincides with the closest point of the waste facility or occupied residence.

SECTION 2. AMENDATORY 2 O.S. 2001, Section 9-210.3, as renumbered by Section 25, Chapter 292, O.S.L. 2005 (2 O.S.
Supp. 2006, Section 20-21), is amended to read as follows:

A. Except as otherwise provided by Section 14 20-19 of this act title and subsection F of this section, animal feeding
operations using liquid animal waste management systems where swine are housed in roof- covered structures shall not
be located within the following applicable distances from an occupied residence:

1. More than 4000 animal units......... 2 miles;

2. 2001 to 4000 animal units......... 1 1/4 miles;

3. 1001 to 2000 animal units......... 3/4 mile;

4. 601 to 1000 animal units......... 1/2 mile;

5. 300 to 600 animal units......... 1/4 mile; and

6. Less than 300 animal units......... no setback.

B. Except as otherwise provided by this section, no licensed managed feeding operations which applies apply for a new
or expanding concentrated animal feeding operation license or a modification of an existing license after March 9, 1998
November 1, 2007, shall be located within three (3) miles of shall not be located within the distances specified in
subsection A of this section from the outside boundary of any area or facility owned or operated as a camp or recreational
site by a nonprofit organization established prior to application of the concentrated animal feeding operation for its initial
license. In determining whether an area or facility is a camp or recreational site, the State Board of Agriculture shall
consider:

1. Whether a reasonable person, after considering the totality of the circumstances, would determine that the area or
facility is predominately used for camping or recreational purposes;

2. The type of permanent structures or fixtures of a recreational nature located on the land,

3. The frequency with which the site is used for recreational purposes;

4. The types of activities which are conducted or engaged in on the site; and

5. Any other factors the decision-making body deems directly relevant to the question of whether a site is recreational in
nature.

C. The setback requirements contained in subsections A and B of this section shall not apply to any property owner who
executes a written waiver with the owner or operator of the animal feeding operation, under such terms and conditions as
are agreed to by the parties. The written waiver shall be effective upon recording of the waiver in the office of the county
clerk in the county in which such property is located. The filed waiver shall preclude enforcement of the setback
requirements of subsections A or B of this section with regard to property described in the waiver and owned by the
person executing such waiver. A change in ownership of the applicable property or change in ownership of the property
on which the animal feeding operation is located shall not affect the validity of the waiver.

D. No licensed managed feeding operation established after the effective date of this act which applies for a new or
expanding license after March 9, 1998, shall be located:

1. Within three (3) miles of any designated scenic river area as specified by the Scenic Rivers Act;

2. Within three (3) miles of the outside boundary of any historic property or museum owned by the State of Oklahoma;

3. Within three (3) miles of a public drinking water well;

4. Within one (1) mile of a waterbody specified as Outstanding Resource Waters that has recreational or ecological
significance as outlined by the most current Water Quality Standards promulgated by the Oklahoma Water Resources
Board; or

5. Within three (3) miles of a national park designated by the United States Department of the Interior National Park
Service.

E. All distances between occupied residences and animal feeding operations shall be measured from the closest corner of
the walls of the occupied residence to the closest point of the nearest waste facility, as determined by the State Oklahoma
Department of Agriculture, Food, and Forestry. The property boundary line of the real property is not used unless it
coincides with the closest point of the waste facility or occupied residence.

F. E. The provisions of this section shall not apply to any animal feeding operation which has been licensed by or which
had submitted an application to the State Oklahoma Department of Agriculture, Food, and Forestry on or prior to March 9,
1998. In addition, the provisions of this section shall not apply to any animal feeding operation with a capacity of 2000
animal units or less which was established prior to June 1, 1998.

SECTION 3. REPEALER 82 O.S. 2001, Section 1020.11a, as last amended by Section 105, Chapter 3, O.S.L. 2003 (82 O.S.
Supp. 2006, Section 1020.11a), is hereby repealed.

SECTION 4. This act shall become effective November 1, 2007.

51-1-627 JT 1/26/2007 11:02:53 AM
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BIG CHICKEN’S BIG LIES

Arkansas poultry companies want to sell more than chicken since Oklahoma sued them for polluting our streams and
lakes. Don’t fall for their myths and lies.

MYTH: Poultry waste is being properly managed.

FACT: 542,000 tons of untreated poultry waste is produced yearly, equal to 10.7 million additional people in the Illinois
River watershed. Only a small amount of poultry waste is removed from the watershed, largely at taxpayer expense. Farm
management plans are not working. Phosphorus near the Arkansas state line is nearly 10 times Oklahoma’s limit for
scenic rivers and comes mainly from runoff, not cities.

MYTH: Oklahoma’s lawsuit is an attack on all agriculture. Chicken growers will be put out of business.

FACT: Farmers and ranchers are NOT NAMED IN OKLAHOMA’S LAWSUIT. The suit won’t stop NORMAL USE of manure as
fertilizer. A court-approved order removing most chicken waste from Tulsa’s Spavinaw watershed did not put anyone out
of business.

MYTH: Arkansas poultry companies are good neighbors.

FACT: The City of Tulsa and Oklahoma had to sue poultry companies to protect us from hazardous poultry waste. Arkansas
cities are reducing phosphorus pollution but poultry companies won’t accept responsibility for their waste.

The beautiful Illinois River and Tenkiller Lake are threatened by poultry waste containing phosphorus and E. coli bacteria.
Please help Oklahoma get its clean water back!

SAVE THE ILLINOIS RIVER, INC. AND OKLAHOMA CHAPTER OF TROUT UNLIMITED.

www.illinoisriver.org

From the Daily Oklahoman
Wed October 25, 2006
Power of money in society

Dear STIR members and friends,

STIR President Kurt Robinson is working hard in an attempt to counter misleading statements by the Arkansas poultry
industry and their buddies. Most recently, he responded to continuing misrepresentations of a report of Dr. Dan Storm of
OSU.

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