Okla. Stat. tit. 27A, § 27A-2-3-506 — OK Code / Title 27A / Section 27A-2-3-506
Violations, remedies and penalties cumulative
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 92

A. It is the purpose of this Code to provide additional and

cumulative remedies to prevent, abate and control pollution.

Nothing contained in this Code shall be construed to abridge or

alter rights of action or remedies under the common law or statutory

law, criminal or civil; nor shall any provision of this Code, or any

act done by virtue thereof, be construed as estopping the state, or

any municipality or person in the exercise of their rights under the

common law to suppress nuisances or to abate pollution. Nothing in

this Code shall in any way impair or affect a person's right to

recover damages for pollution.

B. Nothing in this Code shall be construed to preclude the

disposition of any matter by stipulation, agreed settlement, consent

order or default.

C. Unless otherwise specified, the violations, remedies and

penalties contained in this Code are in addition to those in the

Environmental Crimes Act and other Oklahoma law. The specific

enforcement provisions of other articles of this Code shall control

over the provisions of this part when inconsistent.

D. The provisions of this part shall extend to all programs

administered by the Department regardless of whether the statutes

creating such program are codified in Title 27A of the Oklahoma

Statutes.
Okla. Stat. tit. 27A, § 27A-2-6-103.3 — OK Code / Title 27A / Section 27A-2-6-103.3
Water standards
Status: in_force

Oklahoma Water Quality Standards, promulgated by the Department

of Environmental Quality, shall designate:

1. Watersheds that are nutrient-limited; and

2. Groundwaters that are nutrient-vulnerable.
Okla. Stat. tit. 27A, § 27A-2-10-405 — OK Code / Title 27A / Section 27A-2-10-405
Renumbered as § 2-6-501.5 of this title by Laws
Status: in_force

1994, c. 353, § 44, eff. July 1, 1994.
Okla. Stat. tit. 27A, § 27A-1-3-101v2 — OK Code / Title 27A / Section 27A-1-3-101v2
State environmental agencies - Jurisdictional areas
Status: in_force

of environmental responsibilities.

A. The provisions of this section specify the jurisdictional

areas of responsibility for each state environmental agency and

state agencies with limited environmental responsibility. The

jurisdictional areas of environmental responsibility specified in

this section shall be in addition to those otherwise provided by law

and assigned to the specific state environmental agency; provided,

that any rule, interagency agreement or executive order enacted or

entered into prior to July 1, 1993, which conflicts with the

assignment of jurisdictional environmental responsibilities

specified by this section is hereby superseded. The provisions of

this subsection shall not nullify any financial obligation arising

from services rendered pursuant to any interagency agreement or

executive order entered into prior to July 1, 1993, nor nullify any

obligations or agreements with private persons or parties entered

into with any state environmental agency before July 1, 1993.

B. Department of Environmental Quality. The Department of

Environmental Quality shall have the following jurisdictional areas

of environmental responsibility:

1. All point source discharges of pollutants and storm water to

waters of the state which originate from municipal, industrial,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 36

commercial, mining, transportation and utilities, construction,

trade, real estate and finance, services, public administration,

manufacturing and other sources, facilities and activities, except

as provided in subsections D and E of this section;

2. All nonpoint source discharges and pollution except as

provided in subsections D, E and F of this section;

3. Technical lead agency for point source, nonpoint source and

storm water pollution control programs funded under Section 106 of

the federal Clean Water Act, for areas within the Department’s

jurisdiction as provided in this subsection;

4. Surface water and groundwater quality and protection and

water quality certifications;

5. Waterworks and wastewater works operator certification;

6. Public and private water supplies;

7. Underground injection control pursuant to the federal Safe

Drinking Water Act and 40 C.F.R., Parts 144 through 148, except for:

a. Class II injection wells,

b. Class V injection wells utilized in the remediation of

groundwater associated with underground or aboveground

storage tanks regulated by the Corporation Commission,

c. those wells used for the recovery, injection or

disposal of mineral brines as defined in the Oklahoma

Brine Development Act regulated by the Commission, and

d. any aspect of any CO2 sequestration facility,

including any associated Class VI CO2 injection well,

over which the Commission is given jurisdiction

pursuant to the Oklahoma Carbon Capture and Geologic

Sequestration Act;

8. Notwithstanding any other provision in this section or other

environmental jurisdiction statute, sole and exclusive jurisdiction

for air quality under the federal Clean Air Act and applicable state

law, except for indoor air quality and asbestos as regulated for

worker safety by the federal Occupational Safety and Health Act of

1970 and the Oklahoma Asbestos Control Act;

9. Hazardous waste and solid waste including industrial,

commercial and municipal waste;

10. Superfund responsibilities of the state under the

Comprehensive Environmental Response, Compensation, and Liability

Act of 1980 and amendments thereto, except the planning requirements

of Title III of the Superfund Amendments and Reauthorization Act of

1986;

11. Radioactive waste and all regulatory activities for the use

of atomic energy and sources of radiation except for electronic

products used for diagnosis by diagnostic x-ray facilities and

electronic products used for bomb detection by public safety bomb

squads within law enforcement agencies of this state or within law

enforcement agencies of any political subdivision of this state;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 37

12. Water, waste, and wastewater treatment systems including,

but not limited to, septic tanks or other public or private waste

disposal systems;

13. Emergency response as specified by law;

14. Environmental laboratory services and laboratory

certification;

15. Hazardous substances other than branding, package and

labeling requirements;

16. Freshwater wellhead protection;

17. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Department;

18. Utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents;

19. Environmental regulation of any entity or activity, and the

prevention, control and abatement of any pollution, not subject to

the specific statutory authority of another state environmental

agency;

20. Development and maintenance of a computerized information

system relating to water quality pursuant to Section 1-4-107 of this

title;

21. Development and promulgation of Oklahoma Water Quality

Standards, their accompanying use support assessment protocols,

anti-degradation policies generally affecting Oklahoma Water Quality

Standards application and implementation including, but not limited

to, mixing zones, low flows and variances or any modification or

change thereof pursuant to Section 2-6-103.2 of this title, and the

Water Quality Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional area of environmental

responsibility; and

22. Development and utilization of policies and requirements

necessary for the implementation of Oklahoma Groundwater Quality

Standards to the extent that the implementation of such standards is

within the scope of the Department’s jurisdiction including, but not

limited to, the establishment of points of compliance when

warranted.

C. Oklahoma Water Resources Board. The Oklahoma Water

Resources Board shall have the following jurisdictional areas of

environmental responsibility:

1. Water quantity including, but not limited to, water rights,

surface water and underground water, planning, and interstate stream

compacts;

2. Weather modification;

3. Dam safety;

4. Flood plain management;

5. State water/wastewater loans and grants revolving fund and

other related financial aid programs;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 38

6. Administration of the federal Clean Water State Revolving

Fund program including, but not limited to, making application for

and receiving capitalization grant awards, wastewater prioritization

for funding, technical project reviews, environmental review

processing, and financial review and administration;

7. Water well drillers/pump installers licensing;

8. Technical lead agency for clean lakes eligible for funding

under the federal Clean Lakes Program or other applicable sections

of the federal Clean Water Act or other subsequent state and federal

clean lakes programs; administration of a state program for

assessing, monitoring, studying and restoring Oklahoma lakes with

administration to include, but not be limited to, receipt and

expenditure of funds from federal, state and private sources for

clean lakes and implementation of a volunteer monitoring program to

assess and monitor state water resources, provided such funds from

federal Clean Water Act sources are administered and disbursed by

the Office of the Secretary of Energy and Environment;

9. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the Board;

10. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional area of environmental responsibility;

11. Development of classifications and identification of

permitted uses of groundwater, in recognized water rights, and

associated groundwater recharge areas;

12. Establishment and implementation of a statewide beneficial

use monitoring program for waters of the state in coordination with

the other state environmental agencies; and

13. Coordination with other state environmental agencies and

other public entities of water resource investigations conducted by

the federal United States Geological Survey for water quality and

quantity monitoring in the state.

D. Oklahoma Department of Agriculture, Food, and Forestry.

1. The Oklahoma Department of Agriculture, Food, and Forestry

shall have the following jurisdictional areas of environmental

responsibility except as provided in paragraph 2 of this subsection:

a. point source discharges and nonpoint source runoff

from agricultural crop production, agricultural

services, livestock production, silviculture, feed

yards, livestock markets and animal waste,

b. pesticide control,

c. forestry and nurseries,

d. fertilizer,

e. facilities which store grain, feed, seed, fertilizer

and agricultural chemicals,

f. dairy waste and wastewater associated with milk

production facilities,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 39

g. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Department,

h. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents,

i. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility, and

j. storm water discharges for activities subject to the

jurisdictional areas of environmental responsibility

of the Department.

2. In addition to the jurisdictional areas of environmental

responsibility specified in subsection B of this section, the

Department of Environmental Quality shall have environmental

jurisdiction over:

a. (1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

tobacco, paper, lumber, wood, textile mill and

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries,

including, but not limited to, discharges of

pollutants and storm water to waters of the state,

surface impoundments and land application of wastes

and sludge, and other pollution originating at these

facilities, and

b. facilities which store grain, feed, seed, fertilizer,

and agricultural chemicals that are required by

federal National Pollutant Discharge Elimination

System (NPDES) regulations to obtain a permit for

storm water discharges shall only be subject to the

jurisdiction of the Department of Environmental

Quality with respect to such storm water discharges.

E. Corporation Commission.

1. The Corporation Commission is hereby vested with exclusive

jurisdiction, power and authority, and it shall be its duty to

promulgate and enforce rules, and issue and enforce orders governing

and regulating:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical

exploration for oil, gas and brine including seismic

survey wells, stratigraphic test wells and core test

wells,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 40

c. the exploration, drilling, development, producing or

processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and

operation of wells used in connection with the

recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt

water, crude oil, natural gas condensate and tank

bottoms or basic sediment from crude oil tanks,

pipelines, pits and equipment associated with the

exploration, drilling, development, producing or

transportation of oil or gas,

f. underground injection control pursuant to the federal

Safe Drinking Water Act and 40 C.F.R., Parts 144

through 148 of:

(1) Class II injection wells,

(2) Class V injection wells utilized in the

remediation of groundwater associated with

underground or aboveground storage tanks

regulated by the Commission,

(3) those wells used for the recovery, injection or

disposal of mineral brines as defined in the

Oklahoma Brine Development Act, and

(4) any aspect of a CO2 sequestration facility,

including any associated Class VI CO2 injection

wells, and any associated CO2 storage unit, over

which the Commission is given jurisdiction

pursuant to the Oklahoma Carbon Capture and

Geologic Sequestration Act.

Any substance that the United States Environmental

Protection Agency allows to be injected into a Class

II well may continue to be so injected,

g. tank farms for storage of crude oil and petroleum

products which are located outside the boundaries of

refineries, petrochemical manufacturing plants,

natural gas liquid extraction plants, or other

facilities which are subject to the jurisdiction of

the Department of Environmental Quality with regard to

point source discharges,

h. the construction and operation of pipelines and

associated rights-of-way, equipment, facilities or

buildings used in the transportation of oil, gas,

petroleum, petroleum products, anhydrous ammonia or

mineral brine, or in the treatment of oil, gas or

mineral brine during the course of transportation but

not including line pipes in any:

(1) natural gas liquids extraction plant,

(2) refinery,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 41

(3) reclaiming facility other than for those

specified within subparagraph e of this

paragraph,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition

of saltwater, mineral brines, waste oil and other

deleterious substances produced from or obtained or

used in connection with the drilling, development,

producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in

this paragraph and paragraph 2 of this subsection

as being subject to the jurisdiction of the

Commission, and

(2) other oil and gas extraction facilities and

activities,

j. spills of deleterious substances associated with

facilities and activities specified in this paragraph

or associated with other oil and gas extraction

facilities and activities,

k. subsurface storage of oil, natural gas and liquefied

petroleum gas in geologic strata,

l. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Commission,

m. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents, and

n. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility.

2. The exclusive jurisdiction, power and authority of the

Commission shall also extend to the construction, operation,

maintenance, site remediation, closure and abandonment of the

facilities and activities described in paragraph 1 of this

subsection.

3. When a deleterious substance from a Commission-regulated

facility or activity enters a point source discharge of pollutants

or storm water from a facility or activity regulated by the

Department of Environmental Quality, the Department shall have sole

jurisdiction over the point source discharge of the commingled

pollutants and storm water from the two facilities or activities

insofar as Department-regulated facilities and activities are

concerned.

4. The Commission and the Department of Environmental Quality

are hereby authorized to obtain authorization from the United States

Environmental Protection Agency to administer, within their

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 42

respective jurisdictions, any and all programs regulating oil and

gas discharges into the waters of this state. For purposes of the

federal Clean Water Act, any facility or activity which is subject

to the jurisdiction of the Commission pursuant to paragraph 1 of

this subsection and any other oil and gas extraction facility or

activity which requires a permit for the discharge of a pollutant or

storm water to waters of the United States shall be subject to the

direct jurisdiction and permitting authority of the Oklahoma agency

having received delegation of this program from the United States

Environmental Protection Agency.

5. The Commission shall have jurisdiction over:

a. underground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at the upstream or intermediate shipment points of

pipeline operations including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at the upstream or intermediate shipment points of

pipeline operations including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental

Cleanup Indemnity Fund, the Oklahoma Petroleum Storage

Tank Release Indemnity Program, and the Oklahoma

Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole

jurisdiction to regulate the transportation, discharge or release of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 43

deleterious substances or solid or hazardous waste or other

pollutants from rolling stock and rail facilities. The Department

of Environmental Quality shall not have any jurisdiction with

respect to pipeline transportation of carbon dioxide.

7. The Department of Environmental Quality shall have sole

environmental jurisdiction for point and nonpoint source discharges

of pollutants and storm water to waters of the state from:

a. refineries, petrochemical manufacturing plants and

natural gas liquid extraction plants,

b. manufacturing of equipment and products related to oil

and gas,

c. bulk terminals, aboveground and underground storage

tanks not subject to the jurisdiction of the

Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject

to the jurisdiction of the Commission or the Oklahoma

Department of Agriculture, Food, and Forestry as

specified by this section.

8. The Department of Environmental Quality shall have sole

environmental jurisdiction to regulate air emissions from all

facilities and sources subject to operating permit requirements

under Title V of the federal Clean Air Act, as amended.

F. Oklahoma Conservation Commission. The Oklahoma Conservation

Commission shall have the following jurisdictional areas of

environmental responsibility:

1. Soil conservation, erosion control and nonpoint source

management except as otherwise provided by law;

2. Monitoring, evaluation and assessment of waters to determine

the condition of streams and rivers being impacted by nonpoint

source pollution. In carrying out this area of responsibility, the

Oklahoma Conservation Commission shall serve as the technical lead

agency for nonpoint source categories as defined in Section 319 of

the federal Clean Water Act or other subsequent federal or state

nonpoint source programs, except for activities related to

industrial and municipal storm water or as otherwise provided by

state law;

3. Wetlands strategy;

4. Abandoned mine reclamation;

5. Cost-share program for land use activities;

6. Assessment and conservation plan development and

implementation in watersheds of clean lakes, as specified by law;

7. Complaint data management;

8. Coordination of environmental and natural resources

education;

9. Federal upstream flood control program;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 44

10. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission;

11. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of environmental responsibility;

12. Utilization of Oklahoma Water Quality Standards and Water

Quality Standards Implementation Plan documents; and

13. Verification and certification of carbon sequestration

pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This

responsibility shall not be superseded by the Oklahoma Carbon

Capture and Geologic Sequestration Act.

G. Department of Mines. The Department of Mines shall have the

following jurisdictional areas of environmental responsibility:

1. Mining regulation;

2. Mining reclamation of active mines;

3. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission; and

4. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of responsibility.

H. Department of Wildlife Conservation. The Department of

Wildlife Conservation shall have the following jurisdictional areas

of environmental responsibilities:

1. Investigating wildlife kills;

2. Wildlife protection and seeking wildlife damage claims; and

3. Development and promulgation of a Water Quality Standards

Implementation Plan pursuant to Section 1-1-202 of this title for

its jurisdictional areas of environmental responsibility.

I. Department of Public Safety. The Department of Public

Safety shall have the following jurisdictional areas of

environmental responsibilities:

1. Hazardous waste, substances and material transportation

inspections as authorized by the Oklahoma Motor Carrier Safety and

Hazardous Materials Transportation Act; and

2. Inspection and audit activities of hazardous waste and

materials carriers and handlers as authorized by the Oklahoma Motor

Carrier Safety and Hazardous Materials Transportation Act.

J. Department of Labor. The Department of Labor shall have the

following jurisdictional areas of environmental responsibility:

1. Regulation of asbestos in the workplace pursuant to the

Oklahoma Asbestos Control Act;

2. Asbestos monitoring in public and private buildings; and

3. Indoor air quality as regulated under the authority of the

Oklahoma Occupational Health and Safety Standards Act, except for

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 45

those indoor air quality issues specifically authorized to be

regulated by another agency.

Such programs shall be a function of the Department’s

occupational safety and health jurisdiction.

K. Oklahoma Department of Emergency Management. The Oklahoma

Department of Emergency Management shall have the following

jurisdictional areas of environmental responsibilities:

1. Coordination of all emergency resources and activities

relating to threats to citizens’ lives and property pursuant to the

Oklahoma Emergency Management Act of 2003;

2. Administer and enforce the planning requirements of Title

III of the Superfund Amendments and Reauthorization Act of 1986 and

develop such other emergency operations plans that will enable the

state to prepare for, respond to, recover from and mitigate

potential environmental emergencies and disasters pursuant to the

Oklahoma Hazardous Materials Planning and Notification Act;

3. Administer and conduct periodic exercises of emergency

operations plans provided for in this subsection pursuant to the

Oklahoma Emergency Management Act of 2003;

4. Administer and facilitate hazardous materials training for

state and local emergency planners and first responders pursuant to

the Oklahoma Emergency Management Act of 2003; and

5. Maintain a computerized emergency information system

allowing state and local access to information regarding hazardous

materials’ location, quantity and potential threat.
Okla. Stat. tit. 27A, § 27A-2-11-305 — OK Code / Title 27A / Section 27A-2-11-305
Certification of net investment expense - Allowance
Status: in_force

of tax credit.

A. Upon a determination of all such facts posed by the

applicant's recycling, reuse, or source reduction process in this

state, the Department of Environmental Quality shall certify to the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 268

Oklahoma Tax Commission the actual or estimated agreed net

investment expense of installing such process and shall submit all

such relevant information for use by the Tax Commission in allowing

such tax credit and in auditing income tax returns subsequently

filed by the applicant.

B. If an estimated agreed net investment expense is certified

to the Tax Commission, the Tax Commission shall subsequently adjust

such estimate to the actual cost outlay by the applicant for the

process, not in excess of the certified estimate, at the time the

tax credit is taken. The income tax return specifying the cost

outlay for the process submitted by the applicant may be accepted

by the Tax Commission as the actual net investment cost of the

process unless the Tax Commission determines that an audit of the

income tax return or income tax liability of the applicant is

warranted. In conducting an audit, the Tax Commission is authorized

to request such records and documentation as they determine to be

necessary to verify the accuracy of the return. The person, firm,

corporation or other legal entity taking such tax credit shall be

required to submit to the Tax Commission evidence of the actual

capital outlay for the installation of such process at the time such

credit is to be taken for income tax purposes or when otherwise

requested by the Tax Commission.

C. The Commission shall allow the tax credit to be taken as and

to the extent provided herein.
Okla. Stat. tit. 27A, § 27A-2-4-305 — OK Code / Title 27A / Section 27A-2-4-305
Suspension, revocation, or refusal to renew
Status: in_force

laboratory accreditation.

A. The Department of Environmental Quality may suspend, revoke,

or refuse to renew in part or in whole the accreditation of any

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 96

laboratory which does not continue to comply with Board of

Environmental Quality rules or conditions of accreditation, or for

cause, including but not limited to:

1. The knowing and willful falsification of data submitted to

the Department;

2. The misrepresentation or omission of material data in any

report submitted to any person relying on such report because of the

laboratory's accreditation;

3. Failure to maintain or utilize approved quality control

procedures, recordkeeping, reporting procedures, methodology,

personnel requirements, equipment, facilities or analytical

techniques on which the accreditation was issued;

4. Failure to achieve acceptable results on proficiency testing

samples; or

5. For laboratories holding Department-issued accreditation,

the expiration, suspension or revocation of the laboratory's

reciprocal out-of-state certification or accreditation.

B. The Department may conduct on-site evaluations of accredited

laboratories.
Okla. Stat. tit. 27A, § 27A-2-15-106 — OK Code / Title 27A / Section 27A-2-15-106
Public meetings or hearings not authorized - Zoning
Status: in_force

applications - Consent orders - No action necessary determinations - Applicability of orders or

determinations - Written statement of reasons for disapproval - Certificates of Completion or No- Rejection or return of applications - Consent orders - No action

necessary determinations - Applicability of orders or determinations

- Written statement of reasons for disapproval - Certificates of

Completion or No Action Necessary - Records - Archives and records

law inapplicable.

A. The Department of Environmental Quality is not authorized to

hold any public meeting or hearing to require information, make any

determination, or in any manner consider the zoning or rezoning for

any proposed redevelopment of a site. The Department shall assume

that any proposed redevelopment of the site meets or will meet any

zoning requirements.

B. The Department may reject or return a proposal if:

1. A federal requirement precludes the eligibility of the site;

2. The proposal is not complete and accurate; or

3. The participant is ineligible under the provisions of the

Oklahoma Brownfields Voluntary Redevelopment Act or any rules

promulgated pursuant thereto.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 321

C. The Department may enter into a consent order with the

participant for characterization and remediation of a site if the

Department concludes that the remediation will:

1. Attain a degree of control of pollution pursuant to the

Oklahoma Brownfields Voluntary Redevelopment Act, other applicable

Department rules and standards, and all applicable state and federal

laws as determined by the Department; and

2. For constituents not governed by paragraph 1 of this

subsection, reduce concentrations such that the property does not

present an unreasonable risk, as determined by the Department, to

human health and safety or to the environment based upon the

property's proposed use.

D. The Department may make a no action necessary determination

if the proposal as required by the Oklahoma Brownfields Voluntary

Redevelopment Act indicates the existence of pollution which, given

the proposed use of the property, does not pose an unreasonable risk

to human health and safety or to the environment as determined by

the Department.

E. The consent order and the no action determination apply only

to conditions caused by pollution on the property, to applicable

state or federal laws and to applicable rules and standards

promulgated by the Environmental Quality Board that existed at the

time of submission of the proposal.

F. If a proposal is disapproved by the Department, the

Department shall promptly provide the participant with a formal

written statement of the reasons for such denial.

G. 1. If the Department determines that the participant has

successfully completed the requirements specified by the consent

order, the Department shall certify the completion by issuing to the

participant a Certificate of Completion. The certificate shall list

the use specified in the consent order for the site and shall comply

with Section 2-7-123 of this title. The certificate shall also

include provisions stating that:

a. the Department shall not pursue administrative

penalties and civil actions against the participant,

lenders, lessees, and successors and assigns

associated with actions taken to remediate pollution

which is the subject of the consent order,

b. the participant and all lenders, lessees, and

successors and assigns shall not be subject to civil

liability with regard to the remedial actions taken by

the participant for pollution, as required by the

consent order if the remedial action is not performed

in a reckless or negligent manner,

c. no person responsible for pollution who has not

participated in the voluntary remediation process

shall be released from any liability, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 322

d. the Certificate of Completion shall remain effective

as long as the property is in substantial compliance

with the consent order, Certificate of Completion and

any institutional controls placed on the property.

2. If the Department determines that no remediation action is

deemed necessary for the site, the Department shall issue the

participant a Certificate of No Action Necessary. The certificate

shall list the use specified in the proposal for the site. The

certificate shall also include provisions stating that:

a. the Department shall not pursue any administrative

penalties or civil actions against the participant,

lenders, lessees, and successors and assigns

associated with the determination that no action is

necessary to remediate the pollution which is the

subject of the certificate,

b. the participant and all lenders, lessees, and

successors and assigns shall not be subject to civil

liability with regard to the determination that no

action is necessary to remediate the site,

c. no person responsible for pollution who has not

participated in the proposal process for a no action

necessary determination shall be released from any

liability,

d. the Certificate of No Action Necessary shall remain

effective as long as the site is in substantial

compliance with the certificate and any institutional

controls placed on the property as determined by the

Department, and

e. the issuance of the Certificate of No Action Necessary

shall not be construed or relied upon in any manner as

a determination by the Department that the brownfield

has not been or is not environmentally polluted.

H. The Department shall keep and maintain a copy of the

proposal, work plan, consent order, any other correspondence,

record, authorization, and report received by the Department, and an

official copy of the Certificate of Completion or the Certificate of

No Action Necessary pursuant to the provisions of the Oklahoma

Brownfields Voluntary Redevelopment Act relating to the site in an

accessible location.

I. Chapter 10A of Title 67 of the Oklahoma Statutes shall not

apply to any records or copies required to be kept and maintained

pursuant to this section.
Okla. Stat. tit. 27, § 27-29 — OK Code / Title 27 / Section 27-29
Expired July 1, 1943
Status: in_force

Oklahoma Statutes - Title 27. Eminent Domain Page 12
Okla. Stat. tit. 27A, § 27A-2-10-601 — OK Code / Title 27A / Section 27A-2-10-601
Renumbered as § 2-11-412 of this title by Laws 1995,
Status: in_force

c. 191, § 9, eff. Nov. 1, 1995.
Okla. Stat. tit. 27, § 27-8 — OK Code / Title 27 / Section 27-8
Common carriers - Joint or union station or terminal
Status: in_force

Any person, firm or corporation organized under the laws of this

state, or authorized to do business in this state, to furnish

transportation of persons as common carriers, with permission of the

Corporation Commission, after hearing and showing that public

necessity and convenience requires the establishment of a joint or

union station or terminal at any point served, shall have and

exercise the right of eminent domain to acquire joint user of any

existing bus station or terminal property, in the same manner

provided by law for the exercise of eminent domain by railroad

corporations.
Okla. Stat. tit. 27A, § 27A-2-15-109 — OK Code / Title 27A / Section 27A-2-15-109
Reimbursement of costs
Status: in_force

A. The Department of Environmental Quality may require the

participant to reimburse the Department for reasonable costs for the

review and oversight of any remediation, reports, field activities

or other services or duties of the Department pursuant to the

Oklahoma Brownfields Voluntary Redevelopment Act which are performed

by the Department prior to the issuance of the Certificate of

Completion or the Certificate of No Action Necessary.

B. The Department may require the participant to reimburse the

Department for reasonable costs for expenses incurred in auditing

completed projects to ensure compliance with use restrictions in the

Certificate.
Okla. Stat. tit. 27A, § 27A-3-1-101 — OK Code / Title 27A / Section 27A-3-1-101
Short title
Status: in_force

This chapter shall be known and may be cited as the

"Conservation District Act".
Okla. Stat. tit. 27A, § 27A-2-10-804 — OK Code / Title 27A / Section 27A-2-10-804
Use of fees to implement county solid waste
Status: in_force

management plans - Authorizing administrative and technical support

- Interlocal agreements.

A. The Department of Environmental Quality shall use at least

ten percent (10%) of the annual income from the solid waste fees

received under Section 2-10-802 of this title to assist in

implementing county solid waste management plans developed under

Section 2-10-1001 of this title. The Department shall prioritize

its assistance for enforcement, clean-up and prevention of

unpermitted disposal sites, and the management of solid waste that

is hard to dispose.

B. The Department may consult with the Oklahoma Cooperative

Circuit Engineering Districts Board and the Oklahoma State

University Cooperative Extension Service to assure that boards of

county commissioners receive adequate administrative and technical

support for implementing their county solid waste plans.

C. Any county, in formulating and implementing its solid waste

management plan, may enter into an interlocal agreement with a

municipality and may use funds provided by the Department according

to this section for such agreements in furtherance of said solid

waste management plans.
Okla. Stat. tit. 27A, § 27A-3-3-102 — OK Code / Title 27A / Section 27A-3-3-102
Board of directors - Officers - Filing notice of
Status: in_force

organization - Quorum - Voting.

A. At the first meeting following each annual election, the

board of directors shall organize and shall select and designate a

chair, vice-chair and a treasurer. Notice of the new organization

shall be filed with the Conservation Commission annually as

prescribed by the Commission.

B. A majority of the directors shall constitute a quorum and

the concurrence of a majority in any matter within their duties

shall be required for its determination.
Okla. Stat. tit. 27A, § 27A-3-3-116 — OK Code / Title 27A / Section 27A-3-3-116
Applications
Status: in_force

A. The Conservation Commission shall require applicants to

submit information, forms and reports as are necessary to properly

and efficiently administer the conservation cost-share program.

B. Persons may apply to a conservation district for cost-share

funds for eligible conservation projects in the State of Oklahoma,

in accordance with rules promulgated by the Commission. To be

eligible for reimbursement for a cost-share project, an eligible

person must:

1. File a conservation plan approved by the conservation

district in which the applicant's land is located; and

2. Enter into a contract with a conservation district detailing

the responsibilities of the person.

C. Applications for funds shall be approved or denied by the

conservation district in accordance with criteria promulgated by the

Commission.
Okla. Stat. tit. 27A, § 27A-2-5-106 — OK Code / Title 27A / Section 27A-2-5-106
Rules and regulations
Status: in_force

The Board is hereby authorized, after public rulemaking hearing

and approval by the Council, to:

1. Promulgate, amend or repeal rules for the prevention,

control and abatement of air pollution and for establishment of

health and safety tolerance standards for discharge of air

contaminants to the atmosphere; and

2. Promulgate such additional rules including but not limited

to permit fees, as it deems necessary to protect the health, safety

and welfare of the public and fulfill the intent and purpose of

these provisions.
Okla. Stat. tit. 27A, § 27A-2-12-501 — OK Code / Title 27A / Section 27A-2-12-501
Federal employment contingent upon federal funds
Status: in_force

Any full-time-equivalent employees employed by the Department

pursuant to this article to be compensated with federal funds shall

have their employment contingent upon the procurement of federal

funds and shall be terminated when federal support of those

positions is discontinued. All activities performed by these

employees shall be discontinued upon their termination due to the

lack of such federal funds.
Okla. Stat. tit. 27A, § 27A-3-3-105 — OK Code / Title 27A / Section 27A-3-3-105
Powers and duties
Status: in_force

A. In addition to other powers and duties provided by law, a

conservation district and the directors thereof shall have the power

and duty to:

1. Obtain such information as may be necessary to the proper

carrying out of duties and powers prescribed in the Conservation

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 347

District Act, by making surveys and investigations relating to the

conservation of renewable natural resources, and the preventive and

control measures and works of improvement needed; provided, however,

that such surveys and investigations shall not be undertaken except

in cooperation with the State Conservation Commission or with the

government of this state or any of its agencies, or with the United

States or any of its agencies;

2. Conduct operations for the conservation of renewable natural

resources within the district on lands owned or controlled by this

state or any of its agencies, with the cooperation of the agency

administering and having jurisdiction thereof, and on any other

lands within the district upon obtaining the consent of the owner of

such lands or the necessary rights or interests in such lands, in

order to demonstrate by example the means, methods, and measures by

which the conservation of renewable natural resources may be carried

out;

3. Carry out preventive and control measures and works of

improvement for the conservation of renewable natural resources

within the district including, but not limited to, engineering

operations, methods of cultivation, the growing of vegetation and

changes in use of land on lands owned or controlled by this state or

any of its agencies, with the cooperation of the agency

administering and having jurisdiction thereof, and on any other

lands within the district upon obtaining the consent of the owner of

such lands or the necessary rights or interests in such lands;

4. Cooperate or enter into agreements with, and, within the

limits of appropriations duly made available to it by law, to

furnish financial or other aid to any agency, governmental or

otherwise, or any owner or occupier of lands within the district,

subject to such conditions as the directors may deem necessary to

advance the purposes of the Conservation District Act;

5. Obtain options upon and to acquire, by purchase, exchange,

lease, gift, grant, bequest, devise or otherwise, any property, real

or personal, or rights or interests therein; to maintain, administer

and improve any properties acquired; and to:

a. receive income from such properties and to expend such

income in carrying out the purposes and provisions of

the Conservation District Act, and

b. sell, lease or otherwise dispose of any of its

property or interests therein, all in furtherance of

the purposes and provisions of the Conservation

District Act; provided that in all cases when lands or

interests therein are deemed by the directors to be

necessary for upstream flood control purposes to carry

out the purposes of the Conservation District Act and

which cannot otherwise be acquired, the district shall

be vested with the power of eminent domain and may

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 348

condemn and acquire such lands as provided by the laws

of this state governing the acquisition of lands by

railroad corporations;

6. Make available, on such terms as it shall prescribe, to

landowners and occupiers within the district, agricultural and

engineering machinery and equipment, fertilizer, seeds and

seedlings, and such other material or equipment as will assist such

landowners and occupiers to carry on operations upon their lands for

the conservation of renewable natural resources;

7. Construct, improve, repair, operate and maintain such

structures as may be necessary or convenient for the performance of

any of the operations or activities authorized in the Conservation

District Act;

8. Develop resource conservation programs and annual work plans

as provided in the Conservation District Act;

9. Acquire by purchase, lease or otherwise, and to administer

any project or program concerned with the conservation of renewable

natural resources located within its boundaries undertaken by any

federal, state or other public agency; and to:

a. accept donations, gifts and contributions, in money,

services, materials or otherwise, from the United

States or any of its agencies, or from this state or

any of its agencies, or from any other source, and

b. use or expend such moneys, services, materials or

other contributions in carrying out the purposes of

the Conservation District Act, and

c. enter into contracts and negotiate with any agency of

the United States or the State of Oklahoma in any plan

related to the conservation of renewable natural

resources;

10. Sue and be sued in the name of the district; and to:

a. have a seal, which seal shall be judicially noticed,

b. make and execute contracts and other instruments

necessary or convenient to the exercise of its powers,

and

c. make, and from time to time amend and repeal, rules

and regulations not inconsistent with the Conservation

District Act to carry into effect its purposes and

powers; and

11. Carry workers' compensation insurance, in its discretion,

on any or all its employees, regardless of the nature of the work in

which such employee or employees are engaged, such insurance to be

carried with the State Insurance Fund, and to be paid for by each

district out of the funds of such district.

B. As a condition to the extending of any benefits under the

Conservation District Act to or the performance of work upon any

lands not owned or controlled by this state or any of its agencies,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 349

the directors may require contributions in money, services,

materials or otherwise to any operations conferring such benefits

and may require land occupiers to enter into and perform such

agreements or covenants as to the use of such lands as may be

consistent with the purposes of the Conservation District Act.

C. No provisions with respect to the acquisition, operation or

disposition of property by other public bodies shall be applicable

to a district organized hereunder unless the Legislature shall

specifically so state.

D. Soil and water conservation district directors have the

authority to accept appointment to serve as members of local,

municipal, county, regional and state planning agencies, boards,

commissions and authorities and districts may participate in the

funding thereof and performance of works and projects thereunder.
Okla. Stat. tit. 27A, § 27A-3-3-301 — OK Code / Title 27A / Section 27A-3-3-301
Date of election - Eligible voters
Status: in_force

A. There shall be an election each year in every conservation

district on the first Tuesday in June, which is hereby designated as

Conservation District Day, to elect one director in each district.

B. All registered voters in a district shall be eligible to

vote in the election.
Okla. Stat. tit. 27A, § 27A-3-5-108 — OK Code / Title 27A / Section 27A-3-5-108
Certificate of completion of injection operations —
Status: in_force

Duties and obligations — Monitoring responsibility.

A. 1. Not earlier than fifty (50) years after cessation of

injection of a CO stream into a CO sequestration facility or a CO

2 2 2

storage unit as a part of a CO sequestration facility, or following

2

the end of any other time frame established on a site-specific basis

by Corporation Commission order, the Corporation Commission shall

issue a certificate of completion of injection operations, if the

operator proves that:

a. the reservoir is reasonably expected to retain

mechanical integrity,

b. the CO will reasonably remain emplaced,

2

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 381

c. the CO sequestration facility or the CO storage unit

2 2

as a part of a CO sequestration facility does not pose

2

an endangerment to underground sources of drinking

water, or to public health or public safety,

d. the current storage facility operator has complied

with all applicable regulations related to post-

injection monitoring and the issuance of the

certificate of completion of injection operations, and

e. the CO sequestration facility or the CO storage unit

2 2

as a part of a CO sequestration facility has been

2

closed in accordance with all applicable requirements

related to the site closure plan submitted with the

original application or the most current amended site

closure plan.

2. Upon issuance of a certificate of completion of injection

operations, ownership of the remaining project, including the stored

carbon dioxide, shall transfer to the state.

3. Upon issuance of a certificate of completion of injection

operations, the operator of such facility or unit, all owners of

carbon dioxide stored in such facility or unit, and all owners

otherwise having any interest in such facility or unit shall be

released from any and all future obligations relating to the

facility and any and all liability associated with or related to

that facility or unit which arises after the issuance of the

certificate of completion of injection operations.

B. The release from duties or obligations under paragraph 3 of

subsection A of this section shall not apply to:

1. A current or former owner or operator of a CO sequestration

2

facility or a CO storage unit as a part of a CO sequestration

2 2

facility when such duties or obligations arise from that owner or

operator’s noncompliance with applicable underground injection

control laws and regulations prior to issuance of the certificate;

or

2. Any owner or operator of a CO sequestration facility or a

2

CO storage unit as a part of a CO sequestration facility if it is

2 2

demonstrated that such owner or operator intentionally and knowingly

concealed or misrepresented material facts related to the mechanical

integrity of the storage facility or the chemical composition of any

injected carbon dioxide.

C. Continued monitoring of the site, including remediation of

any well leakage, shall become the principal responsibility of the

Corporation Commission.

D. 1. The Corporation Commission may levy fees to implement

the provisions of this section in a form and schedule to be

developed by the Oil and Gas Conservation Division of the

Corporation Commission for each ton of carbon dioxide injected into

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 382

a CO sequestration facility or a CO storage unit as a part of a CO

2 2 2

sequestration facility.

2. At the end of each fiscal year, the Corporation Commission

may redetermine the fees collected based upon the estimated cost of

administering and enforcing the provisions of this act for the

upcoming year, divided by the tonnage of carbon dioxide expected to

be injected during the upcoming year.

3. The total fee assessed shall be sufficient to assure a

balance in the Class VI Carbon Sequestration Storage Facility

Revolving Fund not to exceed Five Million Dollars ($5,000,000.00)

for a given CO sequestration facility or CO storage unit; provided,

2 2

however, the total fee for any one operator in the Class VI Carbon

Sequestration Storage Facility Revolving Fund at the beginning of

each fiscal year shall not be in excess of Ten Million Dollars

($10,000,000.00) regardless of the number of such facilities or

units operated by such operator. Any amount received by the

Corporation Commission that exceeds the annual balance required

under this subsection shall be deposited into the fund, but

appropriate credits shall be given against future fees for the

storage facility. The Corporation Commission shall promulgate rules

regarding the form and manner for fee amount and payment method.
Okla. Stat. tit. 27A, § 27A-2-9-101 — OK Code / Title 27A / Section 27A-2-9-101
Short title
Status: in_force

This article shall be known and may be cited as the "Radiation

Management Act".
Okla. Stat. tit. 27A, § 27A-2-5-101 — OK Code / Title 27A / Section 27A-2-5-101
Citation
Status: in_force

This article may be cited as the "Oklahoma Clean Air Act".
Okla. Stat. tit. 27A, § 27A-1-2-101 — OK Code / Title 27A / Section 27A-1-2-101
Secretary of Environment or successor cabinet
Status: in_force

position - Powers, duties and responsibilities.

A. The Secretary of Environment or successor cabinet position

having authority over the Department of Environmental Quality shall

have the following jurisdictional areas of environmental

responsibility:

1. Powers and duties for environmental areas designated to such

position by the Governor;

2. The recipient of federal funds disbursed pursuant to the

Federal Water Pollution Control Act, provided the Oklahoma Water

Resources Board is authorized to be the recipient of federal funds

to administer the State Revolving Fund Program. The federal funds

received by the Secretary of Environment shall be disbursed to each

state environmental agency and state agency with limited

environmental responsibilities based upon its statutory duties and

responsibilities relating to environmental areas as determined by

the Secretary of Environment in consultation with the Secretary of

Agriculture. Such funds shall be distributed to the appropriate

state environmental agency or state agency with limited

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 22

environmental responsibilities within thirty (30) days of its

receipt by the Secretary or as otherwise provided by grant or

contract terms without any assessment of administrative fees or

costs. Disbursement of other federal environmental funds shall not

be subject to this section. The Secretary of Environment shall make

an annual written report no later than November 1 to the President

Pro Tempore of the Senate, the Speaker of the House of

Representatives, and the Chair of each environmental committee of

both the House of Representatives and Senate detailing the

disbursement of federal funds;

3. Coordinate pollution control and complaint management

activities of the state carried on by all state agencies to avoid

duplication of effort including but not limited to the development

of a common data base for water quality information with a uniform

format for use by all state agencies and the public; and

4. Act on behalf of the public as trustee for natural resources

under the federal Oil Pollution Act of 1990, the federal

Comprehensive Environmental Response, Compensation and Liability Act

of 1980, as amended, the federal Water Pollution Control Act and any

other federal laws providing that a trustee for the natural

resources is to be designated. The Secretary is authorized to make

claims against federal funds, receive federal payments, establish

and manage a revolving fund in relation to duties as the natural

resources trustee consistent with the federal enabling acts and to

coordinate, monitor and gather information from and enter into

agreements with the appropriate state environmental agencies or

state agencies with limited environmental responsibilities in

carrying out the duties and functions of the trustee for the natural

resources of this state.

B. 1. The Secretary of the Environment or successor cabinet

position having authority over the Department of Environmental

Quality shall develop and implement, by January 1, 2000, public

participation procedures for the development and/or modification of:

a. the federally required list of impaired waters (303(d)

report),

b. the federally required water quality assessment

(305(b) report),

c. the federally required nonpoint source state

assessment (319 report), and

d. the continuing planning process document.

2. The procedures shall provide for the documents to be

submitted for formal public review with a published notice

consistent with the Administrative Procedures Act, providing for a

thirty-day comment period and the preparation of a responsiveness

summary by the applicable state environmental agency.

3. Information from current research shall be considered when

made available to the agency.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 23
Okla. Stat. tit. 27A, § 27A-4-2-103 — OK Code / Title 27A / Section 27A-4-2-103
Local emergency planning committees - Membership -
Status: in_force

Officers - Rules - Request for public information -

Responsibilities.

A. Each local emergency planning committee shall include, at a

minimum, representation from each of the following groups or

organizations:

1. Elected state and local officials;

2. Law enforcement;

3. Civil defense;

4. Fire fighting;

5. First aid;

6. Health;

7. Environmental;

8. Hospital;

9. Transportation personnel;

10. Broadcast and print media;

11. Community groups; and

l2. Owners and operators of facilities which manufacture,

store, or use in any manner those substances specified as extremely

hazardous by the administrator of the federal Environmental

Protection Agency.

B. The groups and organizations specified in subsection A of

this section or any other person or group or organization may

nominate an individual residing within the designated emergency

planning district to serve on the local emergency planning

committee. The names of such individuals shall be submitted to the

Oklahoma Hazardous Materials Emergency Response Commission. From

among the names of the individuals so submitted, the Oklahoma

Hazardous Materials Emergency Response Commission shall appoint the

membership of the local emergency planning committee.

C. The Oklahoma Hazardous Materials Emergency Response

Commission may revise its designations and appointments under this

subsection as it deems appropriate. In addition, interested

persons, groups or organizations may petition the Oklahoma Hazardous

Materials Emergency Response Commission to modify the membership of

a local emergency planning committee.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 402

D. The members of the local emergency planning committee shall

meet to elect a chairman who shall hold office according to rules

adopted by the committee. The committee shall establish rules by

which it shall function. Such rules shall include provisions for

public notification of committee activities, public meetings to

discuss the emergency plan, public comments, response to such

comments by the committee, and distribution of the emergency plan.

The local emergency planning committee shall establish procedures

for receiving and processing requests from the public for

information. Such procedures shall include the designation of an

official to serve as coordinator for information.

E. Each local emergency planning committee shall:

1. Complete preparation of an emergency plan in accordance with

the federal Superfund Amendments and Reauthorization Act. After

completion of an emergency plan under this paragraph for an

emergency planning district, the local emergency planning committee

shall submit a copy of the plan to the Oklahoma Hazardous Materials

Emergency Response Commission. The Commission shall review the plan

and make recommendations to the committee on revisions of the plan

that may be necessary to ensure coordination of such plan with

emergency response plans of other emergency planning districts. To

the maximum extent practicable, such review shall not delay

implementation of such plan. The committee shall review such plan

once a year, or more frequently as changed circumstances in the

community or at any facility may require;

2. Evaluate the need for resources necessary to develop,

implement, and exercise the emergency plan, and shall make

recommendations with respect to additional resources that may be

required and the means for providing such additional resources;

3. Comply with the Oklahoma Open Meeting Law; and

4. Take such other action as may be required by the Oklahoma

Hazardous Materials Emergency Response Commission or as otherwise

deemed necessary to implement the provisions of this act or the

federal Superfund Amendments and Reauthorization Act.
Okla. Stat. tit. 27A, § 27A-2-11-304 — OK Code / Title 27A / Section 27A-2-11-304
Application for tax credit
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 267

A. In order to qualify for the income tax credit, said person,

firm, corporation or other legal entity engaged, or proposing to

engage, in such recycling, reuse, or source reduction of hazardous

waste shall first make application to the Department of

Environmental Quality on forms to be provided by the Department and

shall submit all available information relative to the applicant's

operations bearing upon the nature and amount of hazardous waste

resulting, or expected to result therefrom, the effectiveness of the

proposed recycling, reuse, or source reduction process and such

other relevant information bearing upon the process as may be

required by the Department. Upon receipt of such application for

tax credit and supporting information, it shall be the duty of the

Department to make as accurately as possible:

1. A verification of the accuracy of supporting information

submitted by the applicant, or otherwise officially to determine the

character and chemical content of the hazardous waste;

2. A determination of the most effective type of recycling,

reuse, or source reduction process taking into consideration

alternative types of recycling, reuse, or source reduction methods

if any, and the relative cost of each such type;

3. A determination of the actual or approximate capital

investment required to effectuate such installation so as to arrive

at an actual or estimated agreed, net, nonprofitable or profitable

investment expense of installing said recycling, reuse, or source

reduction process; and

4. A determination as to whether or not such recommended

installation of recycling, reuse, or source reduction processes will

of itself be productive of additional income or savings and will

result in a reduction of hazardous waste for said applicant.

B. The actual or estimated agreed net investment cost of such

process shall be certified to the Oklahoma Tax Commission by the

Department. In no event shall the Oklahoma Tax Commission allow a

tax credit to be taken in excess of the actual net investment cost

of such approved recycling, reuse, or source reduction processing

operations.
Okla. Stat. tit. 27A, § 27A-2-10-701 — OK Code / Title 27A / Section 27A-2-10-701
Site closure plan - Financial security
Status: in_force

A. All disposal site owners shall provide a closure plan to the

Department of Environmental Quality for approval which defines

operational phases and includes cost estimates, and plans and

specifications for final closure. A site may be closed in phases

according to a closure plan approved by the Department.

1. Owners of landfills that receive household solid waste,

defined as Municipal Solid Waste Landfill Facilities in the federal

regulations adopted under Subtitle D of the federal Solid Waste

Disposal Act, and owners of commercial nonhazardous industrial waste

landfills shall provide for the maintenance and monitoring of such

works for thirty (30) years. Provided, the owner of any landfill

that stops receiving waste on or before April 9, 1994, and has

completed final closure of the site on or before October 9, 1994,

shall provide for the maintenance and monitoring of such site for

eight (8) years after final closure has been completed. A permittee

who stopped receiving waste at his permitted solid waste municipal

landfill on or before April 9, 1994, may apply to the Department for

a modification of his permit to operate an on-site solid waste

transfer station, a yard-waste composting facility or a citizen's

collection station. Provided no land disposal occurs, such site

shall not require monitoring or financial assurance as a municipal

solid waste landfill.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 246

2. Generator owned and operated private industrial nonhazardous

monofills shall only be required to have an eight-year postclosure

period or such postclosure time period as may be mandated under the

federal Solid Waste Disposal Act. Generator owned and operated

private industrial nonhazardous landfill disposal sites and all

construction and demolition landfill disposal sites shall only be

required to have an eight-year postclosure period or such

postclosure time period as may be mandated under the federal Solid

Waste Disposal Act or determined necessary by the Department on a

case-by-case basis considering the nature of the waste disposed.

3. Disposal sites other than land disposal sites shall have a

closure plan which would accomplish the removal and proper disposal

of any remaining waste and the elimination of potential

environmental health hazards.

B. The Department shall require that financial assurances be

provided in an amount sufficient to cover the estimated cost of

closure and any postclosure. The Department shall establish

financial assurance mechanisms which will ensure that the funds

necessary to meet the costs of closure, postclosure care and

corrective action for known releases will be available whenever such

funds are needed. An increase in financial assurance shall be

required when any permittee deviates from the approved closure plan

or when the cost of closure or postclosure is found to have

increased. Owners of landfills that receive household solid waste

shall increase financial assurance if corrective action is required.

C. 1. Disposal site owners as identified in subsection A of

this section shall provide financial assurance to guarantee the

performance of final closure and for any required postclosure as

required by the Department pursuant to this section. Except in

cases where owners utilize a financial test provided by rule, the

state shall be the sole beneficiary of any such assurance solely for

the cost of performance of closure and postclosure and shall have a

security interest therein.

2. The financial assurance shall be in a form described in

rules promulgated by the Environmental Quality Board or the owner

may provide the Department with cash or certificates of deposit

payable to the Department of Environmental Quality Revolving Fund

for deposit with the State Treasurer's Office.

3. Disposal site owners may satisfy the financial assurance

requirements of this section by creating a trust in accordance with

the federal regulations adopted under Subtitle D of the federal

Solid Waste Disposal Act. Municipal solid waste disposal site

owners may satisfy the financial assurance requirements of this

section by creating an escrow account in accordance with Board rules

adopted under the Oklahoma Solid Waste Management Act. These

financial assurance mechanisms shall provide for payments by the

disposal site owner which will allow for closure and corrective

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 247

action obligations to be spread out over the economic life of the

disposal site, but shall not exceed fifteen (15) years.

4. Owners of disposal sites which receive waste after April 9,

1994, shall provide financial assurance for closure and any

applicable postclosure on or before April 9, 1995, unless such date

is extended by the federal Environmental Protection Agency pursuant

to Subtitle D of the federal Resource, Conservation and Recovery

Act. If any disposal site owner fails to provide such financial

assurance by the applicable deadline, the Department shall cause the

landfill disposal site permit to be summarily suspended by order.

The Department shall initiate the process of revoking the permit and

may require closure of the landfill. This subsection shall not

apply to units of the federal government.

5. Financial assurance provided prior to June 8, 1994, as a

condition of issuance of any permit or any agreement with the

Department shall continue in effect unless the permittee replaces

such assurance with an additional mechanism or combination of

mechanisms authorized by the Department.

6. In lieu of the performance guarantee mechanisms specified in

this section, owners or operators of a nonhazardous industrial solid

waste landfill which is owned or operated by an industry or

manufacturer for its exclusive noncommercial use may satisfy the

financial assurance requirements for closure, postclosure and

maintenance by meeting the requirements of a corporate financial

test and corporate guarantee similar to that applicable to hazardous

waste facilities.

7. Any unit of local government or public trust of which it is

a beneficiary may satisfy financial assurance requirements for

closure and, when required, postclosure, by participating in a

statewide trust capable of guaranteeing performance of such closure

and postclosure.

8. Solid waste transfer stations, processing facilities, or

composting facilities are exempt from the financial assurance

requirements of this section if they principally manage municipal

solid waste.

D. When financial assurance is required, it shall remain in

effect until closure and any postclosure is completed. The amount

of such assurance shall be set by the Department and shall not be

less than the anticipated cost of contracting for performance of

each phase of the closure plan and postclosure. The Department may

allow a reduction in the amount of assurance to reflect the

anticipated costs which remain.
Okla. Stat. tit. 27A, § 27A-2-6-303 — OK Code / Title 27A / Section 27A-2-6-303
Rules and standards
Status: in_force

A. The Board shall promulgate rules as may be necessary to

implement the provisions of this part pertaining to water supply

systems and the treatment and distribution of water to the public,

including but not limited to rules for:

1. The construction and extension of such systems;

2. Specifications and directions as to the source, manner of

storage, purification, treatment and distribution of water supplied

to the public;

3. Requirements for control tests, laboratory checks, operating

records and reports, including the submission of water samples for

testing or sample analyses as prescribed by the federal Safe

Drinking Water Act and this Code; and

4. Permitting requirements.

B. The Department of Environmental Quality shall recommend

standards to the public for individual water supplies.

C. Such rules may provide for the exemption, and conditions

therefor, of specified categories of water supply systems from any

of the requirements thereof, except for wastewater discharges, if

the public health will not thereby be endangered.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 146
Okla. Stat. tit. 27A, § 27A-1-2-102 — OK Code / Title 27A / Section 27A-1-2-102
Coordination of monitoring of lakes - Identification
Status: in_force

of eutrophic lakes - Discharge of wastewater into eutrophic lake -

Penalties - Order of suspension and forfeiture.

A. The Office of the Secretary of the Environment shall

coordinate monitoring lakes in the State of Oklahoma and identify

those lakes which it determines to be eutrophic as defined by

Oklahoma's Water Quality Standards.

B. No person may discharge wastewaters from a point source

within or outside of this state which will foreseeably enter a lake

in this state which has been identified as eutrophic by the

Oklahoma's Water Quality Standards without subjecting such

wastewaters to the best available technology as identified in the

federal Clean Water Act for nitrogen and phosphorous. The Office of

the Secretary of the Environment shall coordinate the monitoring of

all lakes it identifies as eutrophic and notify by certified mail

any person who discharges wastewater which enters such lakes in

violation of this section of the provisions of this section and

shall order such person to immediately cease and desist from any

further violation of this section.

C. Any person who violates the provisions of subsection B of

this section shall be guilty of a misdemeanor punishable by a

penalty of not more than One Hundred Dollars ($100.00) per day for

each day on which a violation occurs. The Attorney General is

authorized to prosecute violations of this section. Venue and

jurisdiction shall be proper in a county which contains all or part

of a eutrophic lake which is the subject of a discharge in violation

of this section.

D. 1. In addition to the penalty provided in subsection C of

this section if a person continues to violate subsection B of this

section after having received notification from the Secretary of the

Environment to cease and desist, such person shall be guilty of a

misdemeanor punishable by a fine of not more than Ten Thousand

Dollars ($10,000.00) per day.

2. If the owner of a facility which discharges wastewater in

violation of this subsection is a corporation authorized to do

business in this state, the court may enter an order directing the

suspension of any authorization to do business in this state and of

the charter or other instrument of organization, under which the

corporation may be organized and the forfeiture of all corporate or

other rights inuring thereunder. The order of suspension and

forfeiture shall have the same effect on the rights, privileges and

liabilities of the corporation and its officers and directors as a

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 24

suspension and forfeiture ordered pursuant to Section 1212 of Title

68 of the Oklahoma Statutes for failure to pay franchise tax.

Additionally, all officers and directors of a corporation found to

be in violation of this subsection shall be personally liable for

any fine imposed pursuant to this subsection.
Okla. Stat. tit. 27A, § 27A-2-7-120 — OK Code / Title 27A / Section 27A-2-7-120
Fee for disposal of liquid waste other than controlled industrial waste in underground
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 4controlled industrial waste in underground injection well.

Any person subject to regulation by the Department of

Environmental Quality disposing of liquid waste other than hazardous

waste in an underground injection well that is required to be

permitted shall pay a fee of two-hundredths of one cent (2/100 of

$0.01) per gallon for such disposal, provided that the total fee

shall be not less than Ten Thousand Dollars ($10,000.00) nor more

than Fifty Thousand Dollars ($50,000.00) per year. The total fee

for injection of drinking water treatment residuals into a Class V

underground injection well shall be not less than Two Thousand

Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00)

per year. The fee shall be paid to the Department on a quarterly

basis within one (1) month following the close of each quarter for

the waste disposed in that preceding quarter. The fees shall be

deposited into the Department of Environmental Quality Revolving

Fund.
Okla. Stat. tit. 27, § 27-3 — OK Code / Title 27 / Section 27-3
Compensation of appraisers of state lands
Status: in_force

The said appraisers shall receive compensation for the time

actually engaged in making such appraisement, to be verified by them

under their oath, and which shall be paid, in addition to the award,

by the company or corporation requiring their services.

R.L. 1910, § 3185. Amended by Laws 2016, c. 117, § 2.
Okla. Stat. tit. 27A, § 27A-2-8-203 — OK Code / Title 27A / Section 27A-2-8-203
Oklahoma rate-review agency
Status: in_force

For purposes of Article III of the Central Interstate Low-Level

Radioactive Waste Compact, the Corporation Commission is designated

as the rate-review agency for the State of Oklahoma.
Okla. Stat. tit. 27A, § 27A-3-3-202 — OK Code / Title 27A / Section 27A-3-3-202
Advisory committees
Status: in_force

A. The board of directors shall appoint such advisory

committees as may be needed to assure the availability of

appropriate channels of communication to the board, to persons

affected by district operations, and to local, regional, state and

interstate special purpose districts and agencies responsible for

community planning, zoning or other resource development activities.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 358

B. The district shall keep such committees informed of its

work, and such advisory committees shall submit recommendations from

time to time to the board of directors.
Okla. Stat. tit. 27A, § 27A-2-6-401 — OK Code / Title 27A / Section 27A-2-6-401
Construction of treatment or sewer systems or changes in treatment, storage, use or
Status: in_force

disposal of sludge - Permit required, application - Plans and specifications - Innovative treatmentin treatment, storage, use or disposal of sludge - Permit required,

application - Plans and specifications - Innovative treatment

techniques.

A. No person shall begin any construction work of any nature

for a municipal treatment works, nonindustrial wastewater treatment

system, sanitary sewer system or other sewage treatment works, or

for any extension thereof, or make any change in the manner of

nonindustrial wastewater treatment or make any change in the

treatment, storage, use or disposal of sewage sludge without a

written permit to construct issued by the Executive Director of the

Department of Environmental Quality. Such permit may only be issued

to a public entity unless all components of the proposed system,

including the service lines, are or will be located on property that

is owned by the owner of the system or dedicated to the owner of the

system in a recorded easement for the installation and operation of

the system.

The requirements of subsections B, C and D of this section shall

not apply to individual and small public sewage treatment systems

that are constructed or modified in accordance with the requirements

of Section 2-6-403 of this title.

B. An application for such permit shall include but not be

limited to:

1. An engineering report, prepared by a professional engineer

registered in the State of Oklahoma, which includes a complete

description of the existing and proposed system or treatment works

and the wastewater outfall, if any, and any other data or

information required by the Department;

2. A legal description of the site where the treatment works or

the wastewater treatment system is or is proposed to be located; and

3. A legal description of the site where any discharge point is

or is proposed to be located.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 152

C. Upon the Department's approval of the engineering report,

the applicant shall submit plans and specifications for the proposed

system or the proposed extension or change of an existing system to

the Department for review. Such plans and specifications shall be

prepared by a professional engineer registered in the State of

Oklahoma.

D. Any facility within the jurisdiction of the Department and

required to obtain a permit by subsection A of this section may

elect to utilize an innovative treatment technique in accordance

with this subsection. An innovative treatment technique is a

treatment technique not currently recognized by the Department nor

found in the regulations governing construction of such facilities.

Upon compliance with the requirements of this subsection the

requirements in subsection A will not apply. A facility that elects

to utilize an innovative treatment technique shall first submit the

following documentation to the Department:

1. An engineering report, prepared by a professional engineer

registered in the State of Oklahoma, which includes a complete

description of the proposed innovative treatment technique;

2. A certification from a professional engineer registered in

the State of Oklahoma that the innovative treatment technique will

allow the facility to meet applicable federal and state discharge

and land application requirements; and

3. A statement from the owner of the facility that should the

facility subsequently fail to meet any federal or state discharge or

land application requirement that the owner of the facility will

immediately take all necessary action to install a recognized

treatment technique.
Okla. Stat. tit. 27A, § 27A-1-4-111 — OK Code / Title 27A / Section 27A-1-4-111
Purpose
Status: in_force

A. The purpose of this act is to encourage voluntary compliance

with environmental and occupational health and safety laws.

B. A regulatory agency in this state shall not adopt a rule or

impose a condition that circumvents the purpose of this act.
Okla. Stat. tit. 27A, § 27A-2-6-103.1 — OK Code / Title 27A / Section 27A-2-6-103.1
Contracts for technical assistance programs
Status: in_force

The Department of Environmental Quality may, to the extent funds

are available, contract with the Oklahoma Rural Water Association

for technical assistance programs to rural water and wastewater

system operators throughout the state. The Department may contract

with other nonprofit entities in addition to the Oklahoma Rural

Water Association for this purpose if the Department, in its

discretion, determines that those entities can and will provide

equally effective and efficient technical assistance services to

rural water and wastewater system operators throughout the state.
Okla. Stat. tit. 27A, § 27A-2-11-501 — OK Code / Title 27A / Section 27A-2-11-501
Short title
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 287

This part shall be known and may be cited as the "Plastic

Container Labeling Act".
Okla. Stat. tit. 27A, § 27A-2-9-105 — OK Code / Title 27A / Section 27A-2-9-105
Fees
Status: in_force

A. The Board shall, pursuant to Section 24 of this act,

establish by rule a fee schedule to be charged for permits,

licenses, or radiation protection services for the regulation of any

source of radiation by the Department. Fees charged pursuant to

this section shall be paid into the Department of Environmental

Quality Revolving Fund and shall be used by the Department in

administering the radiation management program pursuant to Section

24 of this act.

B. The Board shall consider any federal funding available to

the Department, or federal guidelines or requirements for agreement

states, when establishing or amending the schedule of fees for

radiation permits, licenses or protection services by the

Department.
Okla. Stat. tit. 27A, § 27A-2-12-401 — OK Code / Title 27A / Section 27A-2-12-401
Education and public information program -
Status: in_force

Publication of informational pamphlet.

A. Consistent with the terms of federal funding agreements and

the receipt of such funds by the Department for such information

programs, the Executive Director shall institute an education and

public information program, in order to inform the general public,

and particularly parents of children residing in areas of

significant exposure to sources of lead-based paint hazards,

teachers, social workers and other human services personnel; owners

of residential property, particularly property constructed previous

to 1945; and health services personnel at major hospitals, of the

dangers, frequency, and sources of lead-based paint hazards, and the

methods of preventing such hazards.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 306

B. Consistent with the terms of federal funding agreements and

the receipt of such funds by the Department for such an information

program, the Department, after notice and opportunity for comment,

shall publish, and from time to time revise, a lead-based paint

hazard information pamphlet to be used in connection with the

Oklahoma Lead-based Paint Management Act and Section 1018 of the

federal Residential Lead-based Paint Hazard Reduction Act of 1992.

The pamphlet shall:

1. Contain information regarding the health risks associated

with exposure to lead;

2. Provide information on the presence of lead-based paint

hazards in federally assisted, federally owned, and target housing;

3. Describe the risk of lead exposure for children under six

(6) years of age, pregnant women, women of childbearing age, persons

with respiratory disease or disabilities, persons involved in home

renovation, and others residing in a dwelling with lead-based paint

hazards;

4. Describe the risks of renovation in a dwelling with lead-

based paint hazards;

5. Provide information on approved methods for evaluating and

reducing lead-based paint hazards and their effectiveness in

identifying, reducing, eliminating, or preventing exposure to lead-

based paint hazards;

6. Advise persons how to obtain a list of certified

contractors;

7. State that a hazard evaluation or on-site inspection for

lead-based paint is recommended prior to the purchase, lease, or

renovation of target housing;

8. State that certain state and local laws may impose

additional requirements related to lead-based paint in housing and

provide a listing of federal, state, and local agencies in each

state, including address and telephone number, that can provide

information about applicable laws and available governmental and

private assistance and financing; and

9. Provide such other information about environmental hazards

associated with residential real property as the Department deems

appropriate.
Okla. Stat. tit. 27A, § 27A-2-7-107 — OK Code / Title 27A / Section 27A-2-7-107
Rules - Regulation of radioactive waste - Federal
Status: in_force

preemption.

A. In addition to other powers and duties specified by law, the

Board shall promulgate rules to:

1. Prohibit the placement of any liquid which is not a

hazardous waste in a landfill for which a permit is required or

which is operating under interim status;

2. Prohibit or restrict the storage of hazardous waste for

which land disposal is prohibited, except to the extent that such

storage is solely for the purpose of accumulation of such quantities

of hazardous wastes as are necessary to facilitate proper recovery,

treatment, or disposal;

3. Prohibit or restrict the use of waste or used oil or other

material used for dust suppression or road treatment, which is

contaminated or mixed with dioxin or any other waste identified or

listed by rules of the Board as a hazardous waste except a waste

identified solely on the basis of ignitability;

4. Require such monitoring and control of air emissions at

hazardous waste treatment, storage, and disposal facilities,

including but not limited to open tanks, surface impoundments, and

landfills, as may be necessary to protect human health and the

environment;

5. Regulate the production, burning, distribution, and

marketing of fuel containing hazardous waste, and the commercial

collection, storage, transportation, marketing, management, burning

and disposal of used oil as may be necessary to protect human health

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 170

and the environment including, but not limited to, labeling and

recordkeeping requirements;

6. Control the listed or identified hazardous wastes which

discharge through a sewer system to a publicly owned treatment works

for the protection of human health and the environment;

7. Provide in accordance with Sections 3005(c) and 3005(e) of

the Resource Conservation and Recovery Act for the automatic

termination of interim status for hazardous waste units failing to

comply with applicable requirements for the submission of part B

permit applications and certification of groundwater monitoring and

financial responsibility compliance;

8. Require from applicants for and owners and operators of

hazardous waste facilities evidence of financial responsibility for

corrective action as may be required or ordered under the authority

of the Oklahoma Hazardous Waste Management Act;

9. Require that generators of hazardous waste establish and

implement programs to reduce the volume or quantity and toxicity of

such waste to the extent economically practicable; and

10. Specify levels or methods of treatment which substantially

diminish the toxicity of the waste or likelihood of its migration so

as to minimize threats to human health and the environment.

B. The hazardous waste component of mixed waste and radioactive

waste shall be regulated as hazardous waste. The radioactive waste

component shall be regulated as radioactive waste. Both the

hazardous waste requirements and the radioactive waste requirements

shall apply if physical separation of the two components is not

accomplished. If a conflict exists between the two requirements,

the requirement most protective of human health and the environment

shall take precedence.

C. Rules pertaining to standards for the transportation of

hazardous waste and recyclable materials shall not be more stringent

than those of the U.S. Department of Transportation, unless a waiver

of preemption is granted pursuant to federal statutes and rules

promulgated thereunder.
Okla. Stat. tit. 27A, § 27A-3-3-408 — OK Code / Title 27A / Section 27A-3-3-408
Requirements for funds to be expended
Status: in_force

None of the funds in the Small Watersheds Flood Control Fund

shall be expended until eighty percent (80%) of the easements are

obtained for the watershed project in which the money from the fund

is to be used.
Okla. Stat. tit. 27A, § 27A-1014 — OK Code / Title 27A / Section 27A-1014
Powers of CTT that makes election
Status: in_force

A Central Treatment Trust that makes the election provided for

in Section 3 of this act shall have the following powers (terms

used, but not defined, in this section, but defined in 40 CFR,

Section 403.3, shall have the same meanings ascribed to them in 40

CFR, Section 403.3):

1. To develop a publicly owned treatment works pretreatment

program consistent with and meeting the requirements of 40 CFR,

Sections 403.8 and 403.9, and submit such POTW pretreatment program

for approval to the appropriate approval authority specified in 40

CFR, Section 403.3(c);

2. To enter into a coordinating agreement with the Department

pursuant to which the Department shall exercise the enforcement

powers specified in Section 5 of this act with respect to the POTW

owned and operated by such CTT. The coordinating agreement shall

make provision for the CTT to gather data and information and report

such data and information to the Department so as to aid and assist

the Department in exercising said enforcement powers.
Okla. Stat. tit. 27A, § 27A-3-3-403 — OK Code / Title 27A / Section 27A-3-3-403
Filing, recording, certification - Fees and charges
Status: in_force

A conservation district shall not be liable for any fees or

charges in connection with the filing, recording or indexing, in the

office of the county clerk of any county of this state, of any

instrument in favor of such district, or in connection with the

certification, by such county clerk, of any copy of any instrument

on file or of record in the office of such county clerk, desired by

such district, but all such instruments presented by such district

or the directors thereof for filing or recording shall be filed,

recorded and indexed without charge, and such copies of instruments

necessary by such district or the directors thereof shall be

certified free of charge.
Okla. Stat. tit. 27A, § 27A-2204 — OK Code / Title 27A / Section 27A-2204
Enforcement of reoccupation restrictions - Penalties -
Status: in_force

Injunction.

The restrictions on reoccupation or reestablishment described in

subsections A and B of Section 2 of this act may be enforced by the

trust in its own name or by the district attorney or the Attorney

General in the name of the State of Oklahoma. Those violating such

restrictions shall be liable for penalties in an amount equal to

three times the amount they have received from the trust. This

penalty shall be in addition to such injunctive relief as the court

may order. Proceeds from such actions shall be used by the trust to

further the trust purposes identified in the Lead-Impacted

Communities Relocation Assistance Act.
Okla. Stat. tit. 27A, § 27A-2-1-102 — OK Code / Title 27A / Section 27A-2-1-102
Definitions
Status: in_force

As used in the Oklahoma Environmental Quality Code:

1. "Administrative hearing" means an individual proceeding,

held by the Department when authorized by the provisions of this

Code and conducted pursuant to the Administrative Procedures Act,

this Code and rules promulgated thereunder, for a purpose specified

by this Code. "Administrative hearing" includes "administrative

permit hearing", "enforcement hearing" and "administrative

enforcement hearing" within the context of this Code. An

"administrative hearing" shall be a quasi-judicial proceeding;

2. "Administrative Procedures Act" means the Oklahoma

Administrative Procedures Act;

3. "Board" means the Environmental Quality Board;

4. "Code" means Chapter 2 of this title;

5. "Department" means the Department of Environmental Quality;

6. "Enforcement hearing" means an individual proceeding

conducted pursuant to the Administrative Procedures Act, this Code

and rules promulgated thereunder, for the purpose of enforcing the

provisions of this Code, rules promulgated thereunder and orders,

permits or licenses issued pursuant thereto. The term

"administrative hearing" shall mean the same as "enforcement

hearing" when held for enforcement purposes. An "enforcement

hearing" shall be a quasi-judicial proceeding;

7. "Environment" includes the air, land, wildlife, and waters

of the state;

8. "Executive Director" means the Executive Director of the

Department of Environmental Quality;

9. "Industrial wastewater treatment permit" shall mean permits

issued by the Department after July 1, 1993, under Section 2-6-501

of Title 27A of the Oklahoma Statutes, and waste disposal permits

issued on or before June 30, 1993, by the Oklahoma Water Resources

Board for land application of industrial waste or surface

impoundments or disposal systems for industrial waste or wastewater;

10. "Nonpoint source" means the contamination of the

environment with a pollutant for which the specific point of origin

may not be well defined;

11. "Person" means an individual, association, partnership,

firm, company, public trust, corporation, joint-stock company,

trust, estate, municipality, state or federal agency, other

governmental entity, any other legal entity or an agent, employee,

representative, assignee or successor thereof;

12. "Pollution" means the presence in the environment of any

substance, contaminant or pollutant, or any other alteration of the

physical, chemical or biological properties of the environment or

the release of any liquid, gaseous or solid substance into the

environment in quantities which are or will likely create a nuisance

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 57

or which render or will likely render the environment harmful or

detrimental or injurious to public health, safety or welfare, or to

domestic, commercial, industrial, agricultural, recreational, or

other legitimate beneficial uses, or to livestock, wild animals,

birds, fish or other aquatic life, or to property;

13. "Public meeting" means a formal public forum, held by the

Department when authorized by the provisions of this Code, and

conducted by a presiding officer pursuant to the requirements of

this Code and rules promulgated thereunder, at which an opportunity

is provided for the presentation of oral and written views within

reasonable time limits as determined by the presiding officer.

Views expressed at a "public meeting" shall be limited to the topic

or topics specified by this Code for such meeting. "Public meeting"

shall mean a "public hearing" when held pursuant to requirements of

the Code of Federal Regulations or the Oklahoma Pollutant Discharge

Elimination System Act, and shall be synonymous with "formal public

meeting" and "informal public meeting" as used within the context of

this Code and rules promulgated thereunder. A "public meeting"

shall not be a quasi-judicial proceeding;

14. "State environmental agency" includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines,

g. Department of Public Safety,

h. Department of Labor,

i. Department of Environmental Quality, and

j. Department of Civil Emergency Management; and

15. "Waters of the state" means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

systems, drainage systems, storm sewers and all other bodies or

accumulations of water, surface and underground, natural or

artificial, public or private, which are contained within, flow

through, or border upon this state or any portion thereof, and shall

include under all circumstances the waters of the United States

which are contained within the boundaries of, flow through or border

upon this state or any portion thereof.
Okla. Stat. tit. 27A, § 27A-2-6-310.2 — OK Code / Title 27A / Section 27A-2-6-310.2
Promulgation of rules - Wellhead protection
Status: in_force

program.

A. The Environmental Quality Board shall promulgate rules

necessary to safeguard public health and welfare and prevent

pollution of public water supply systems pursuant to the Oklahoma

Water Supply Systems Act.

B. The Department of Environmental Quality shall develop an

Oklahoma wellhead protection program to assist municipalities, rural

water districts, nonprofit water corporations and other public

groundwater suppliers in the conservation and protection of their

public groundwater supplies which will specify the following:

1. Guidelines specifying the duties of the Department in

developing a wellhead protection program;

2. Guidelines specifying the duties of local governments in

developing and implementing the wellhead protection program;

3. Guidelines for determining all potential and actual

pollution sources which may have an adverse effect on public health;

4. Guidelines for taking into consideration potential sources

of pollution when siting new wells for public water supplies;

5. Guidelines for developing contingency plans for pollution

release containment, cleanup and the provision of alternative

drinking water supplies for each public water system in the event of

groundwater well or groundwater wellfield pollution; and

6. Guidelines including such other information or assistance as

deemed necessary by the Department.
Okla. Stat. tit. 27A, § 27A-1-4-118 — OK Code / Title 27A / Section 27A-1-4-118
Privilege in criminal proceedings – Review of
Status: in_force

privileged information required under state or federal law.

A. If an audit report is obtained, reviewed or used in a

criminal proceeding, the administrative or civil evidentiary

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 52

privilege established by Section 5 of this act is not waived or

eliminated for any other purpose.

B. Notwithstanding the privilege established by Section 5 of

this act, a regulatory agency may review information that is

required to be available under a specific state or federal law, but

that review does not waive or eliminate the administrative or civil

evidentiary privilege if applicable.

C. If information is required to be available to the public by

operation of a specific state or federal law, the governmental

authority shall notify the person claiming the privilege of the

potential for public disclosure before obtaining the information

under subsection A or B of this section.

D. If privileged information is disclosed under subsection B or

C of this section on the motion of a party, a court or the

appropriate administrative official shall suppress evidence offered

in any civil or administrative proceeding that arises or is derived

from review, disclosure or use of information obtained under this

section unless the review, disclosure or use is authorized under

Section 8 of this act. A party having received information under

subsection B or C of this section has the burden of proving that the

evidence offered did not arise and was not derived from the review

of privileged information.
Okla. Stat. tit. 27A, § 27A-2-7-121 — OK Code / Title 27A / Section 27A-2-7-121
Annual fee - Exemptions - Expenditure of funds
Status: in_force

A. Every hazardous waste treatment facility, storage facility,

underground injection facility, disposal facility, or off-site

facility that recycles hazardous waste subject to the provisions of

the Oklahoma Hazardous Waste Management Act shall pay to the

Department of Environmental Quality an annual fee on the amount of

hazardous waste managed by such facility.

1. Subject to paragraphs 2 and 7 of this subsection, such fees

shall be:

a. Nine Dollars and fifty cents ($9.50) per ton for on-

site or off-site storage, treatment or land disposal,

b. Four Dollars ($4.00) per ton for off-site recycling,

including regeneration, or

c. three cents ($0.03) per gallon for on-site or off-site

underground injection.

2. There shall be a minimum fee per facility as follows:

a. except as provided in subparagraph d of this

paragraph, any person owning or operating an off-site

hazardous waste treatment facility or disposal

facility shall pay a total fee of not less than Fifty

Thousand Dollars ($50,000.00) each state fiscal year,

b. any person owning or operating an on-site hazardous

waste treatment facility, storage facility, or

disposal facility shall pay a total fee of not less

than Twenty Thousand Dollars ($20,000.00) each state

fiscal year. The annual fee for the on-site disposal

of hazardous waste by underground injection shall not

exceed Fifty Thousand Dollars ($50,000.00),

c. any person owning or operating an off-site facility

for the storage or recycling of hazardous waste shall

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 187

pay a total fee of not less than Twenty Thousand

Dollars ($20,000.00) each state fiscal year; provided,

any such off-site recycling facility which

consistently recycles fewer than ten (10) tons of

hazardous waste per calendar month shall not be

subject to this minimum annual fee. For the purpose

of this subparagraph, storage includes physical

separation or combining of wastes solely to facilitate

efficient storage at the facility and/or efficient

transportation, and

d. any person owning or operating an off-site facility

which accepts hazardous waste exclusively for the

purpose of conducting research and design tests shall

pay a total fee of not less than Ten Thousand Dollars

($10,000.00) each state fiscal year.

3. Off-site facilities may charge persons contracting for the

services of the facility their proportional share of the fees

required by the provisions of this section.

4. The facility shall become liable for payment of the fee on

each ton or gallon of hazardous waste at the time it is received.

For purposes of on-site facilities, receipt is deemed to have

occurred when the waste is first managed in any unit or manner that

requires a hazardous waste permit. The fee shall be payable by the

facility to the Department only as provided for in subsection C of

this section.

5. The fee imposed by the provisions of this section shall be

payable only once without regard to any subsequent handling of the

hazardous waste. The fee shall be based on the purpose for which

the waste was received by the facility. In no event shall a

facility be required to pay a fee on each step or process involved

in the storage, treatment, or disposal of the waste at the facility

or a related facility under common control.

6. In computing the amount of the fee specified in subparagraph

b of paragraph 1 of subsection A of this section for the off-site

recycling or regeneration of hazardous waste, the assessment for

regeneration shall be made on a dry weight basis.

7. If a generator of characteristic hazardous waste or listed

hazardous waste treats the waste on-site to meet Best Demonstrated

Available Technology Standards and disposes of the waste on-site,

the waste shall be subject to a reduced treatment or on-site

disposal fee of one-half (1/2) the rate required by subparagraph a

of paragraph 1 of this subsection; provided, such rate reduction

shall not exceed Twenty-two Thousand Dollars ($22,000.00) per

calendar year.

B. The following facilities shall not be required to pay the

fee required by the provisions of this section:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 188

1. Facilities engaged only in the on-site recycling of

hazardous waste; and

2. Facilities which have not received new hazardous waste

within the preceding state fiscal year.

C. Payment of the fees required by this section shall be due

quarterly for hazardous waste received by the facility during the

prior calendar quarter. Such quarterly payments shall be due on the

first day of the month of the following quarter. All payments shall

be made within thirty (30) days from the date they become due.

D. The fees required by this section shall be paid in lieu of

the monitoring fees imposed in subsection B of Section 2-7-119 of

this title. All facilities subject to the provisions of this

section shall not be required to pay or collect any additional fees

for waste disposal unless specifically required by the Oklahoma

Hazardous Waste Management Act.

E. All fees and other monies received by the Department

pursuant to the provisions of this section shall be expended solely

for the purposes specified in this section.

1. Ten percent (10%) of the fees collected from an off-site

hazardous waste facility pursuant to the provisions of this section

shall be deposited to the credit of the Special Economic Development

Trust Funds. The funds for the Trusts accruing pursuant to the

provisions of this section shall be distributed to each Trust

established in proportion to the fees generated by the off-site

hazardous waste facilities within the Trust area.

2. The Department shall expend monies received pursuant to the

provisions of this section for one or more of the following

purposes:

a. the administration of the provisions of the Oklahoma

Hazardous Waste Management Act,

b. the development of an inventory of hazardous wastes

currently produced in Oklahoma and management needs

for the identified wastes,

c. the implementation of information exchange, technical

assistance, public information, and educational

programs,

d. the development and encouragement of waste reduction

plans for Oklahoma waste generators, or

e. increased inspection of hazardous waste facilities

which may include full-time inspectors at off-site

hazardous waste facilities.

F. To the extent that fees received pursuant to this section

shall exceed the purposes specified in subsection E of this section,

the Department shall only expend such funds for one or more of the

following purposes:

1. Contributions required from the state pursuant to the

federal Comprehensive Environmental Response, Compensation and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 189

Liability Act for remediation or related action upon a site within

the state;

2. Response, including but not limited to containment and

removal, to emergency situations involving spillage, leakage,

emissions or other discharge of hazardous waste or hazardous waste

constituents to the environment where a responsible party cannot be

timely identified or found or compelled to take appropriate

emergency action to adequately protect human health and the

environment;

3. State-funded remediation of sites contaminated by hazardous

waste or hazardous waste constituents so as to present a threat to

human health or the environment, to the extent that a responsible

party cannot be timely identified or found or compelled to take such

action, or is unable to take such action;

4. Costs incurred in pursuing an enforcement action to compel a

responsible party to undertake appropriate response or remedial

actions, or to recover from a responsible party monies expended by

the state, as described in paragraphs 1 through 3 of this

subsection; or

5. Financial assistance to municipalities or counties for the

purposes and under the conditions specified in Section 2-7-305 of

this title.
Okla. Stat. tit. 27A, § 27A-2-7-405 — OK Code / Title 27A / Section 27A-2-7-405
Authority to employ or contract with remediation
Status: in_force

service of choice - Hazardous conditions exception.

The provisions of this act shall not preclude any person in need

of any highway remediation or cleanup service from employing or

contracting with any licensed highway remediation service of choice,

except where hazardous conditions exist which pose an imminent

threat to human health or the environment, in which case a law

enforcement officer may contact any available highway remediation

and cleanup service operator or any other provider of a needed

service as the officer deems necessary as safety and time conditions

warrant.
Okla. Stat. tit. 27A, § 27A-3-3-401 — OK Code / Title 27A / Section 27A-3-3-401
Change of name
Status: in_force

The name of any district may be changed by resolution of the

board of directors thereof. Said resolution shall be submitted to

the Commission, which shall present same to the Secretary of State

who shall, if the Secretary of State finds that such name is not

identical or so nearly similar to the name of another conservation

district as to lead to confusion or uncertainty, file the resolution

and issue a new certificate to the district showing the new name.
Okla. Stat. tit. 27, § 27-16 — OK Code / Title 27 / Section 27-16
Just compensation defined
Status: in_force

A. In every case wherein private property is taken or damaged

for public use, the person whose property is taken or damaged shall

be entitled to just compensation.

B. "Just compensation", as used in subsection A of this

section, shall mean the value of the property taken, and in

addition, any injury to any part of the property not taken. Any

special and direct benefits to the part of the property not taken

may be offset only against any injury to the property not taken. If

only a part of a tract is taken, just compensation shall be

ascertained by determining the difference between the fair market

value of the whole tract immediately before the taking and the fair

market value of that portion left remaining immediately after the

taking.
Okla. Stat. tit. 27A, § 27A-2-10-402.1 — OK Code / Title 27A / Section 27A-2-10-402.1
Acceptance of municipal sewage sludge by municipal
Status: in_force

solid waste landfill.

A. A municipal solid waste landfill shall not accept for

disposal any municipal sewage sludge unless:

1. The sludge has been treated to meet Class B requirements for

pathogen reduction, as specified in Section 503.32 of Title 40 of

the Code of Federal Regulations; and

2. The sludge is demonstrated not to contain free liquids

pursuant to the Paint Filter Liquids Test, EPA Method 9095, or any

successor free liquids test hereafter adopted by the United States

Environmental Protection Agency and approved by the Department of

Environmental Quality.

B. The Department may refuse to renew, or may suspend or

revoke, a permit issued to a municipal solid waste landfill pursuant

to the Oklahoma Solid Waste Management Act for willful violation of

the requirements of this section. The authorization for suspension,

revocation or nonrenewal pursuant to this subsection is in addition

to any other remedies for noncompliance available to the Department

pursuant to the Oklahoma Environmental Quality Code.
Okla. Stat. tit. 27A, § 27A-2-1-111 — OK Code / Title 27A / Section 27A-2-1-111
Authority to remove or dismantle appurtenances from
Status: in_force

headquarters — Report.

A. The Department of Environmental Quality is hereby authorized

to remove or dismantle any appurtenances connected to the

Department's headquarters at 707 N. Robinson in downtown Oklahoma

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 58

City. Once the appurtenance is removed, the site may be used for a

parking lot for employees of the Department of Environmental

Quality.

B. The Executive Director of the Department of Environmental

Quality shall submit a report to the Speaker of the Oklahoma House

of Representatives and President Pro Tempore of the Oklahoma State

Senate within ninety (90) days of this act's effective date,

detailing the timeline and cost for dismantling the appurtenance,

along with the number of expected parking spaces to be constructed

compared to the number of spaces the Department needs. The

Executive Director shall also submit reports to the Speaker of the

Oklahoma House of Representatives and President Pro Tempore of the

Oklahoma State Senate once construction begins and upon completion

of the project detailing any changes from the initial report and the

final outcome of the construction project.
Okla. Stat. tit. 27A, § 27A-3-2-103 — OK Code / Title 27A / Section 27A-3-2-103
Executive Director, technical experts and employees -
Status: in_force

Office space.

A. The Commission:

1. May employ an Executive Director and any technical experts

and other agents and employees, permanent and temporary, as may be

required, and shall determine their qualifications, duties, and

compensation;

2. May call upon the Attorney General of the state for any

legal services as may be required. In addition, the Commission, if

it determines that it is needed, may employ or appoint attorneys or

in-house counsel to advise or represent the Commission; and

3. Shall have authority to delegate to its chairman, to one or

more of its members, or to one or more agents or employees, any

powers and duties as it may deem proper.

B. Offices shall be provided by the Office of Management and

Enterprise Services in Oklahoma City. Upon request of the

Commission for the purpose of carrying out any of its functions, the

supervising officer of any state agency, or of any state institution

of learning, shall, insofar as may be possible under available

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 336

appropriations and having due regard to the needs of the agency to

which the request is directed, assign or detail to the Commission

members of the staff or personnel of the agency or institution of

learning, and make any special reports, surveys, or studies as the

Commission may request.
Okla. Stat. tit. 27A, § 27A-2-7-105 — OK Code / Title 27A / Section 27A-2-7-105
Powers and duties of Department of Environmental
Status: in_force

Quality.

The Department of Environmental Quality shall have the power and

duty to:

1. Issue permits for the construction and operation and for the

post-closure, maintenance and monitoring of hazardous waste

facilities;

2. Provide the owner or operator of a hazardous waste facility

a list of all materials which the Department deems acceptable for

treatment, recycling, storage, and disposal at the facility;

3. Make periodic inspections of hazardous waste facilities and

recycling, transporting, and generating facilities to determine the

extent of compliance with the Oklahoma Hazardous Waste Management

Act and rules promulgated thereunder, and orders, permits and

licenses issued pursuant thereto;

4. Develop, maintain, and monitor public records of the source

and amount of hazardous waste generated in Oklahoma and the methods

used to dispose of, recycle, or treat said waste or material;

5. Require and prescribe manifest forms to all persons

generating and transporting hazardous waste off-site for storage,

recycling, treatment, or disposal;

6. Require periodic reports or manifest certifications

regarding such programs and efforts to reduce the volume or quantity

and toxicity of such hazardous waste as may be required by or

pursuant to authority of the Oklahoma Hazardous Waste Management

Act;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 167

7. Require reports from all operators of hazardous waste

facilities who receive hazardous waste for treatment or storage or

disposal, listing the amount, transporter, and generator of all

hazardous waste received. Such reports are to be made on at least a

monthly or quarterly basis, as designated by the Department;

8. Approve or disapprove methods of disposal of hazardous

waste, and may prohibit certain specific disposal practices

including, but not limited to, any type of land disposal of any form

of such waste. Land disposal includes, but is not limited to,

landfills, surface impoundments, waste piles, deep injection wells,

land treatment facilities, salt dome and bed formations and

underground mines or caves;

9. Inform persons generating hazardous waste of available,

alternative methods of disposal of such waste;

10. Develop a system to provide information on recyclable

wastes to potential users of such materials. Such information shall

not include any information which the Department deems confidential

or private in nature;

11. Cooperate and share information with the U.S. Environmental

Protection Agency;

12. Prepare an emergency response plan for spills of hazardous

waste and for spills of hazardous materials;

13. Make information obtained by the Department regarding

hazardous waste facilities and sites available to the public in

substantially the same manner, and to the same degree, as would be

the case if the hazardous waste program in this state were being

carried out by the U.S. Environmental Protection Agency;

14. Develop rules with respect to any existing surface

impoundment or landfill or class of surface impoundments or

landfills from which the Department determines hazardous waste may

migrate into groundwater, impose such requirements, including but

not limited to double liners and leachate detection and collection

systems, as may be necessary to protect human health and the

environment;

15. Prohibit or restrict the use of any specific disposal

methods or practices for specific hazardous waste material,

substances or classes, as may be necessary to protect human health

and the environment;

16. Identify areas within the state which are unsuitable for

specific hazardous waste disposal methods, and deny permits for such

disposal methods in such areas;

17. Issue a one-year research development and demonstration

permit for any treatment facility which proposes an innovative and

experimental hazardous waste treatment technology or process not yet

regulated. Permits may be renewed no more than three times. No

renewal may exceed one (1) year;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 168

18. Waive or modify general permit application and issuance

requirements for research and development permits, except for

financial responsibility and public participation requirements;

19. Terminate experimental activity if necessary to protect

human health and the environment;

20. Require oil recycling facilities using hazardous waste to

have a hazardous waste facility permit;

21. Issue permits containing any conditions necessary to

protect human health and the environment;

22. Issue permits for the storage of hazardous waste in

underground tanks;

23. Require groundwater monitoring for any landfill, surface

impoundment, land treatment site or pile;

24. Determine and enforce penalties for violations of the

Oklahoma Hazardous Waste Management Act and rules promulgated

thereunder;

25. Evaluate the benefit of rules governing labeling practices

for any containers used for the disposal, storage, or transportation

of hazardous waste which accurately identify such waste, and govern

the use of appropriate containers for such waste not otherwise

regulated by the federal government;

26. Monitor research and development regarding methods of the

handling, storage, use, processing, and disposal of hazardous waste;

27. Cooperate with existing technical reference centers on

hazardous waste disposal, recycling practices, and related

information for public and private use;

28. Monitor research in the technical and managerial aspects of

management and use of hazardous waste and recycling and recovery of

resources from hazardous wastes;

29. Determine existing rates of production of hazardous waste;

30. Promote recycling and recovery of resources from hazardous

wastes;

31. Encourage the reduction or exchange, or both, of hazardous

waste; and

32. Cooperate with an existing information clearinghouse, to

develop records of recyclable waste. Every generator of hazardous

waste shall supply the Department with information for the

clearinghouse. Each generator shall not be required to supply any

more information than is required by the manifests. The Department

shall make this information available to persons who desire to

recycle the wastes. The information shall be made available in such

a way that the trade secrets of the producer are protected.
Okla. Stat. tit. 27A, § 27A-2-4-304 — OK Code / Title 27A / Section 27A-2-4-304
Acceptance of reports or laboratory analyses
Status: in_force

performed by accredited laboratories.

A. The Department of Environmental Quality shall accept reports

or laboratory analyses performed by accredited laboratories but may

reject analyses that were not performed in compliance with the

Department's rules or the laboratory's accreditation. The

Department may require that reports or laboratory analyses which are

submitted pursuant to this Code, rules promulgated or permits and

orders issued pursuant thereto shall be performed by laboratories

accredited by the Department if the submission of reports or

laboratory analyses performed by an accredited laboratory is

specifically required or authorized by this Code, rules promulgated

thereto or federal law or federal regulations.

B. The Department shall accept laboratory reports and analyses

prepared and performed by Department-certified laboratory operators

for operational testing of municipal wastewater treatment systems

and water supply systems provided that the analyses were performed

in compliance with the Department's rules or the terms of the

laboratory operator's certification.

C. Acceptance of such reports or analyses shall not preclude

the Department from declining for cause to rely on such results or

from requiring additional laboratory analyses or reports from the

person submitting such analyses or reports.
Okla. Stat. tit. 27A, § 27A-2-11-605 — OK Code / Title 27A / Section 27A-2-11-605
Manufacturer-Label required - Recovery plan
Status: in_force

A. A manufacturer shall not sell or offer for sale any covered

device in this state unless the covered device is labeled with the

manufacturer’s brand. The label shall be permanently affixed and

readily visible.

B. A manufacturer shall not sell or offer for sale a covered

device in this state unless the manufacturer has adopted and is

implementing a recovery plan, either alone or in cooperation with

other manufacturers.

C. The recovery plan shall fully explain how the manufacturer

will collect from a consumer and recover each covered device that is

labeled with the manufacturer’s brand, at no charge to the consumer.

The manufacturer’s recovery plan under this subsection may use

existing collection and consolidation infrastructure for handling

covered devices and may include electronic recyclers and repair

shops, recyclers of other commodities, reuse organizations,

nonprofit corporations, retailers, recyclers, or other suitable

operations.

D. The recovery plan shall provide for covered device

collection services that are reasonably convenient and available,

and designed to meet the collection needs of consumers in this

state. Nonexclusive examples of collection methods that alone or in

combination meet the convenience requirements of this section

include:

1. A mail-back system, at no cost to the consumer, whereby the

consumer can return a covered device through the mail, including,

but not limited to, a system in which the consumer can go online,

print a prepaid shipping label, package the product, and schedule an

at-home pickup for shipment back to the manufacturer;

2. The providing of staffed physical collection sites at which

consumers may return covered devices, sited in locations that are

geographically central to the consumers served; and

3. Collection events at which consumers may return covered

devices, sited in locations that are geographically central to the

people served and conducted with sufficient frequency to reasonably

meet the needs of the consumers served.

E. If a manufacturer does not offer a mail-back system, it

shall submit for approval by the Department of Environmental Quality

a plan that offers reasonably convenient collections as set forth in

paragraph 2 or 3 of subsection D of this section. The Department

shall review the plan for geographic distribution and frequency of

collections. The Department shall notify the manufacturer within

thirty (30) days of receipt of the plan whether or not the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 292

manufacturer’s plan complies with the requirements of this section.

If the Department does not approve the plan, the Department shall

state the reasons the plan does not comply. The manufacturer shall

respond to the Department within twenty (20) days of receipt of

notification of the disapproval of the plan. If the Department and

the manufacturer do not agree on whether the plan should be

approved, the manufacturer may seek review in a declaratory ruling

proceeding under the provisions of Section 307 of Title 75 of the

Oklahoma Statutes.

F. The recovery plan shall also include a statement that the

manufacturer will not dispose of covered devices in landfills or

transfer covered devices to computer equipment recycling facilities

that dispose of covered devices in landfills other than necessary

incidental disposal in de minimis amounts.

G. Each manufacturer operating or publishing a web site for

providing product information about a covered device shall include

information about collection and recovery for consumers and provide

such information to the Department. The manufacturer shall also

include such information in the packaging or accompanying the sale

of the covered device.

H. No later than March 1 of each year, each manufacturer shall

submit a report to the Department that includes:

1. A summary of the recovery program implemented by the

manufacturer during the previous calendar year, specifically

describing the methods of recovery implemented by the manufacturer;

2. The weight of covered devices collected and recovered during

the previous calendar year;

3. The location and dates of collection events during the

previous calendar year, if any, and the location of collection

sites, if any; and

4. Certification that the collection and recovery of covered

devices complies with the provisions of Section 9 of this act.

I. Where more than one person is within the definition of

manufacturer of a brand of a covered device, any of those persons

may assume responsibility for and satisfy the obligations of a

manufacturer with respect to covered devices bearing that brand. If

no person assumes responsibility for and satisfies the obligations

of a manufacturer with respect to covered devices bearing that

brand, the Department may consider any of those persons within such

definition to be the manufacturer of that brand.

J. This section does not apply to a manufacturer solely of

covered devices that the Department determines are of such a

character that the covered devices would not be used by a consumer.

If, however, such a manufacturer also manufactures one or more

covered devices that are of such character as to be used by a

consumer, then the provisions of this section nevertheless apply to

the manufacturer for those covered devices.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 293
Okla. Stat. tit. 27A, § 27A-3-7-101 — OK Code / Title 27A / Section 27A-3-7-101
Short title - Healthy Soil Program Act
Status: in_force

This act shall be known and may be cited as the "Healthy Soil

Program Act".
Okla. Stat. tit. 27A, § 27A-2-10-205 — OK Code / Title 27A / Section 27A-2-10-205
Oklahoma Recycling Initiative
Status: in_force

A. The Legislature hereby recognizes and declares that it is

necessary for the public interest, health and economic welfare to

encourage and promote the recycling and reuse of recoverable

materials. The recycling and reuse of recoverable materials

substantially reduces disposal costs and the tremendous flow of

solid waste to Oklahoma's dwindling solid waste sites. It is

equally necessary that Oklahoma preserve, expand and encourage

economic growth. The recycling and reuse of recoverable materials

will create new employment, provide and allow for expansion of

existing manufacturing, thereby increasing employment and payrolls

as well as upgrading the state's natural resources.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 233

B. In addition to the benefits of cost-effective recycling and

reuse outlined in subsection A of this section, the measurable

energy efficiency achieved through the cost-effective recovery and

reuse of recyclable materials by energy-intensive industries shall

be a priority of this state and encouraged by state regulatory

agencies. For purposes of this section, "energy-intensive industry"

means an industry that uses significant quantities of energy as part

of its primary economic activities and includes the following

industries:

1. Information technology, including data centers containing

electrical equipment used in processing, storing and transmitting

digital information;

2. Consumer product manufacturing;

3. Food processing; and

4. Materials manufacturers, including aluminum, chemicals,

forest and paper products, metal casting, glass, petroleum refining,

mining and steel.

C. The Legislature declares that the goal of this state,

hereinafter called the Oklahoma Recycling Initiative, is that each

incorporated municipality with a population greater than five

thousand (5,000), as determined by the most recent decennial census

by the Bureau of the Census of the United States Department of

Commerce, should develop and operate a recycling program which will

generate raw materials for the manufacturing industries located in

this state. Due to the importance of the paper industry to

Oklahoma's economy, each cost-effective recycling and reuse program

should at a minimum include the collection of waste paper.

In implementing any recycling program pursuant to the Oklahoma

Recycling Initiative, the municipality may:

1. Consider the overall status of the solid waste collection

system and management within the municipality, including generation,

recycling and disposal;

2. Review five-, ten-, and twenty-year municipality-wide goals

for reducing the amount of solid waste through the recycling of

recoverable materials;

3. Evaluate alternative methods for achieving the Oklahoma

Recycling Initiative through municipality-wide collection systems or

through integrated recoverable materials management on a regional

basis;

4. Establish a comprehensive and sustained public information

and education program concerning the recoverable materials program's

features and requirements; and

5. Include in the program such other information recommended by

the Department of Environmental Quality.

D. The Legislature in an effort to increase statewide recycling

efforts hereby encourages a goal of recycling ten percent (10%) of

the entire solid waste stream produced in this state by December 31,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 234

2011. The Department of Environmental Quality shall coordinate this

effort with the Oklahoma Recycling Association (OKRA) and any other

interested parties and issue a report to the Legislature by December

31, 2011.
Okla. Stat. tit. 27A, § 27A-1004 — OK Code / Title 27A / Section 27A-1004
Renumbered as § 2-6-204 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-3-501 — OK Code / Title 27A / Section 27A-2-3-501
Sampling, inspecting and investigating conditions
Status: in_force

relating to pollution or damage to natural resource - Power to enter

– Federal Superfund sites - Record and reports - Administrative

warrants.

A. Any duly authorized representative of the Department of

Environmental Quality shall have the power to enter at reasonable

times upon any private or public property for the purpose of

sampling, inspecting and investigating conditions relating to

pollution, damage to natural resources or the possible pollution of

any air, land or waters of the state or the environment or relating

to any other environmental or permitting responsibility authorized

by law.

B. If the property to be entered has been identified on the

federal National Priority List as a Superfund site or otherwise

identified for an action under the federal Comprehensive

Environmental Response, Compensation and Liability Act (CERCLA, 42

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 85

U.S.C., Section 9601 et seq.) and the Department of Environmental

Quality has been designated by the United States Environmental

Protection Agency as lead agency for CERCLA activities at the site,

any duly authorized representative of the Department shall have the

power, in addition to the powers listed in subsection A of this

section, to enter for purposes of conducting those CERCLA activities

or to prevent unreasonable interference with such activities or

remedies. The Department may seek administrative or judicial

remedies for any person’s refusal to allow, or interference with,

entry for this purpose.

C. The Department may require the establishment and maintenance

of records and reports relating to any activity regulated by the

Department. Copies of such records shall be submitted to the

Department on request. Any authorized representative of the

Department shall be allowed access and may examine such reports or

records.

D. The Department may apply to and obtain from a judge of the

district court, an order authorizing an administrative warrant to

enforce access to premises for sampling, investigation, inquiry and

inspection under the provisions of this Code and the rules

promulgated by the Board. Failure to obey an administrative warrant

of the district court may be punished by the district court as a

contempt of court.

E. The Executive Director may appoint commissioned peace

officers, certified by the Council on Law Enforcement Education and

Training, to investigate environmental crimes. Peace officers who

become employed under this section who have service credit in the

Oklahoma Law Enforcement Retirement System may, within thirty (30)

days after becoming employed, elect to continue membership in the

Oklahoma Law Enforcement Retirement System; otherwise they shall be

eligible to enroll only in the Oklahoma Public Employees Retirement

System.natural resource - Power to enter – Federal Superfund sites - Record and reports - Administrative
Okla. Stat. tit. 27A, § 27A-3-2-110 — OK Code / Title 27A / Section 27A-3-2-110
Oklahoma Conservation Commission Infrastructure
Status: in_force

Revolving Fund

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Conservation Commission to be designated the

"Oklahoma Conservation Commission Infrastructure Revolving Fund".

B. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies received by the

Oklahoma Conservation Commission from the apportionment of gross

production tax revenues as prescribed by Section 1004 of Title 68 of

the Oklahoma Statutes.

C. All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 345

Conservation Commission for the purpose of the rehabilitation of

watershed dams and, for the Conservation Cost Share Program and the

Conservation Reserve Enhancement Program.

D. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

E. No more than thirty percent (30%) of the monies in the fund

shall be used for the payment of administrative expenses, salary or

any other continuing obligation of the Oklahoma Conservation

Commission; provided, however, such monies shall not be used for

salary increases for employees.
Okla. Stat. tit. 27A, § 27A-2-15-105 — OK Code / Title 27A / Section 27A-2-15-105
Remediation proposals or no action necessary determinations - Application - Factors
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 8determinations - Application - Factors considered.

A. One or more participants may submit a proposal to the

Department of Environmental Quality for risk-based remediation of a

brownfield site or for a no action necessary determination.

B. The proposal shall, as a minimum, include:

1. A site characterization, including:

a. site description and historical information about the

former uses of the property, including any past

environmental permits issued for the site,

b. analytical results from a laboratory certified by the

Department or other data which characterize the soil,

groundwater or surface water at the site,

c. information concerning the nature and extent of any

contamination caused by pollution at the site and any

possible impacts on areas contiguous to the site,

d. delineation of contaminants on the property and their

concentrations and depths,

e. delineation of potential off-site migration of

contaminants,

f. identification of pertinent environmental conditions

on the site and in the region,

g. identification of groundwater, surface water, and

other environmental resources and uses in the area,

h. identification of potential exposure pathways and

potential receptors,

i. identification of adjacent property uses,

j. an accurate metes and bounds legal description of the

property,

k. latitude and longitude of the main entrance,

l. statistically relevant background environmental media

samples or peer-reviewed published background data,

and

m. any data the Department believes is relevant to the

reuse of the property;

2. The current and proposed uses of the property;

3. An analysis of the human and environmental pathways to

exposure from pollution at the site based on the future use of the

property as proposed by the participant;

4. Alternatives for cleanup, if remediation is planned;

5. Potential for redevelopment to impact the remedy;

6. A plan for any after-action monitoring or maintenance of the

brownfield which is to occur after issuance of the Certificate of

Completion or Certificate of No Action Necessary;

7. Any engineering or institutional controls necessary to

protect the remedy over time and plans for financial assurance for

the controls to remain in effect;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 320

8. A plan for remediating any pollution on the brownfield or a

proposal that no remedial action is necessary considering the

present level of contamination and the proposed future use of the

property;

9. A long-term management plan for any on-site disposal

facilities; and

10. The current and proposed use of groundwater on and near the

site.

C. Remediation or proposal for a no action necessary

determination shall be based on the potential risk to human health

and safety and to the environment posed by the pollution at the

site, considering the following factors:

1. The proposed use of the brownfield;

2. The possibility of movement of the pollution in a form and

manner which would result in exposure to humans and to the

surrounding environment at levels which exceed calculated site-

specific cleanup levels or, if off-site, applicable standards, or

which represent an unreasonable risk to human health and safety or

the environment as determined by the Department; and

3. The potential risks associated with the remediation proposal

or no action necessary determination and the economic and technical

feasibility and reliability of such proposal or determination.
Okla. Stat. tit. 27A, § 27A-2-6-202 — OK Code / Title 27A / Section 27A-2-6-202
Definitions
Status: in_force

For purposes of the Oklahoma Pollutant Discharge Elimination

System Act:

1. "Discharge" includes but is not limited to a discharge of a

pollutant or pollutants, and means any addition of any pollutant to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 132

waters of the state from any point source regulated by the

Department of Environmental Quality;

2. "Effluent limitation" means any established restriction on

quantities, rates, and concentrations of chemical, physical,

biological, and other constituents which are discharged from point

sources into waters of the state, including schedules of compliance;

3. "Organization" means a legal entity, other than a

government, established or organized for any purpose, and such term

includes a corporation, company, association, firm, partnership,

joint stock company, foundation, institution, trust, society, union,

or any other association of persons;

4. "Point source" means any discernible, confined and discrete

conveyance, including but not limited to any pipe, ditch, channel,

tunnel, conduit, well, discrete fissure, container, rolling stock,

or vessel or other floating craft, from which pollutants or wastes

are or may be discharged. The term "point source" does not include

agricultural stormwater discharges and return flows from irrigated

agriculture;

5. "Pretreatment" means the reduction of the amount of

pollutants, or the alteration of the nature of pollutant properties

in wastewater prior to or in lieu of discharging or otherwise

introducing into a treatment works;

6. "Schedule of compliance" means a schedule of remedial

measures including but not limited to an enforceable sequence of

actions or operations leading to compliance with an effluent

limitation, other limitation, prohibition, or standard;

7. "Serious bodily injury" means bodily injury which involves a

substantial risk of death, unconsciousness, extreme physical pain,

protracted and obvious disfigurement, or protracted loss or

impairment of the function of a bodily member, organ, or mental

faculty; and

8. "Storm water" means rain water runoff, snow melt runoff, and

surface runoff and drainage.
Okla. Stat. tit. 27A, § 27A-1017 — OK Code / Title 27A / Section 27A-1017
Construction of act - Effect on rights, powers, duties,
Status: in_force

etc. of CTT.

Nothing in this act shall directly or indirectly increase,

decrease, limit or in any other manner affect the legal status,

capacity, rights, powers or duties of any CTT in any area separate

from its NPDES permit and the ownership and operation of its POTW.
Okla. Stat. tit. 27A, § 27A-3-8-102 — OK Code / Title 27A / Section 27A-3-8-102
Pilot program to remove harmful woody species
Status: in_force

A. As used in the Terry Peach North Canadian Watershed

Restoration Act:

1. "Commission" means the Oklahoma Conservation Commission;

2. "Harmful woody species" means a tree or shrub species that

is rapidly encroaching into adjoining lands and is likely to cause

harm to the environment or economy. Harmful woody species include,

but are not limited to, Juniperus virginiana (Eastern Redcedar),

Juniperus scopulorum (Rocky Mountain juniper), Juniperus monosperma

(oneseed juniper) and Tamarix ramosissima (salt cedar); and

3. "North Canadian Watershed" means the area of land in

Oklahoma that drains or sheds water into the North Canadian River.

B. There is hereby created a pilot program to remove or

eradicate harmful woody species in the North Canadian Watershed to

be administered by the Oklahoma Conservation Commission. To

accomplish the goals listed in this section, the Commission is

authorized to use the funds available in the North Canadian

Watershed Restoration Revolving Fund established in Section 3 of

this act. The purpose of the program is to manage and eradicate,

where possible, harmful woody species that damage grazing lands,

create significant wildfire risk, reduce wildlife habitat and reduce

water flow into the North Canadian River.

C. In administering the pilot program, the Commission shall:

1. Cooperate with landowners, state agencies, and other

political subdivisions for removal of harmful woody species;

2. Measure the density of harmful woody species and estimate

water used by those species;

3. Create a study using a parallel watershed with no control of

harmful woody species;

4. Utilize available funds to cost-share with landowners for

expenses incurred in the eradication of harmful woody species by

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 391

prescribed burn, biological controls, mechanical removal, or

herbicide applications;

5. Develop grant programs with conservation districts, rural

fire departments, and prescribe burn associations for resources

needed for prescribed burns, mechanical removal, biological control,

or herbicide applications on harmful woody species;

6. Bring attention to the problems posed by harmful woody

species to create awareness, demonstrate value to all stakeholders,

and encourage landowners to participate in the program; and

7. Have at least two active project areas in the program, one

above the Canton Lake dam and one below.

D. The Commission is authorized to promulgate any rules and

procedures to effectuate the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-15-108 — OK Code / Title 27A / Section 27A-2-15-108
Release of liability from administrative penalties
Status: in_force

or civil actions.

A. 1. The Department of Environmental Quality shall not assess

against a participant administrative penalties or pursue civil

actions associated with the pollution which is the subject of the

consent order or no action necessary determination if:

a. the participant is in compliance with the consent

order during remediation or with the Certificate of No

Action Necessary, and

b. the participant is in compliance with any post-

certification conditions or requirements specified in

the consent order.

2. After issuance of the Certificate of Completion or

Certificate of No Action Necessary, the Department shall not assess

administrative penalties or pursue civil actions regarding the

pollution which is the subject of the consent order or no action

necessary determination against any lender, lessee, or successor or

assign if the lender, lessee, or successor or assign is in

compliance with any post-certification conditions or requirements as

specified in the consent order or Certificate of No Action

Necessary.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 324

B. 1. Failure of the participant and any lenders, lessees, or

successors or assigns to materially comply with the consent order

entered into pursuant to the Oklahoma Brownfields Voluntary

Redevelopment Act shall render the consent order or the Certificate

of Completion or the Certificate of No Action Necessary voidable.

2. Submission of any false or materially misleading information

by the participant knowing such information to be false or

misleading shall render the consent order, Certificate of

Completion, or Certificate of No Action Necessary voidable.

C. 1. A participant to whom a Certificate of Completion or a

Certificate of No Action Necessary has been issued pursuant to the

Oklahoma Brownfields Voluntary Redevelopment Act and such

participant’s lenders, lessees, or successors or assigns or any

other person, this state or a local political subdivision thereof or

any other legal entity acquiring, in good faith, the property which

was subject to the Oklahoma Brownfields Voluntary Redevelopment Act

shall not be subject to civil liability regarding the pollution

which was the subject of the consent order or certificate if the

participant is in compliance with any post-certification conditions

or requirements specified in the consent order or certificate.

2. Except as otherwise provided in this subsection, nothing in

the Oklahoma Brownfields Voluntary Redevelopment Act shall be

construed to limit or negate any other rights of any person from

pursuing or receiving legal or equitable relief from the participant

or any other person or legal entity causing or contributing to the

pollution.

3. In those cases where a participant conducts a voluntary

remediation in conjunction with a party responsible for the

pollution, the responsible party shall also be released from

liability to the same extent as the participant.

D. The release of liability from administrative penalties and

any civil actions authorized by the Oklahoma Brownfields Voluntary

Redevelopment Act shall not apply to:

1. Any pollution and consequences thereof that the participant

causes or has caused outside the scope of the consent order or the

certificate issued by the Department;

2. Any pollution caused or resulting from any subsequent

redevelopment of the property;

3. Existing pollution not addressed prior to issuance of the

Certificate of Completion or the Certificate of No Action Necessary;

or

4. Any person responsible for pollution who has not

participated in the voluntary remediation.
Okla. Stat. tit. 27A, § 27A-10 — OK Code / Title 27A / Section 27A-10
Renumbered as § 2-2-201 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-11-301 — OK Code / Title 27A / Section 27A-2-11-301
Short title - Application and construction
Status: in_force

A. This part shall be known and may be cited as the "Recycling,

Reuse and Source Reduction Incentive Act".

B. This part shall have retroactive application to January 1,

1987. In addition, the provisions of this act shall not be

construed to affect any rights accrued pursuant to the Recycling,

Reuse, and Ultimate Destruction Incentive Act.
Okla. Stat. tit. 27A, § 27A-2-7-116 — OK Code / Title 27A / Section 27A-2-7-116
Permits - Application - Liability insurance - Bond -
Status: in_force

Financial responsibility - Operation of facility - Insolvency -

Liability of guarantors.

A. Except for emergency permits issued in accordance with

Section 2-7-113.1 of this title, no permit shall be issued except

upon proper application, proof of sufficient liability insurance and

financial responsibility, formal public meeting, if requested, and

such other requirements as provided by the Oklahoma Hazardous Waste

Management Act and the Environmental Quality Code.

B. Liability insurance shall be provided by the applicant and

shall apply to sudden and nonsudden bodily injury or property damage

on, below or above the surface, as required by the rules of the

Board. Additional insurance shall be required as deemed necessary

by the Department to protect the property rights of owners or

leaseholders of underground resources such as oil, gas, water or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 181

other mineral substances. Such insurance shall be maintained for

the period of operation of the facility and shall provide coverage

for damages resulting from operation of the facility during

operation and after closing. In lieu of liability insurance

required by this or any other section of the Oklahoma Hazardous

Waste Management Act, an equivalent amount of cash, securities or

alternate financial assurance of a type and in an amount acceptable

to the Department, may be substituted; provided, that such deposit

shall be maintained for a period of five (5) years after the date of

last operation of the facility.

C. Prior to the issuance of any permit, the applicant shall

post a bond or acceptable alternate financial assurance guaranteeing

proper closure and guaranteeing the performance of the maintenance

and monitoring functions set out in Section 2-7-124 of this title.

D. The Department shall require additional insurance and

security by the permittee upon an application for expansion of the

facility. Such increase in insurance and security shall be in a

sufficient amount to provide adequate coverage for damages resulting

from such expansion during operation of the facility and after

closing.

E. Prior to the issuance of any permit, the applicant shall,

upon request of the Department, produce evidence of the applicant's

financial status indicating that the applicant is financially able

to operate and maintain a hazardous waste facility as required by

the Oklahoma Hazardous Waste Management Act. If the applicant is

not financially able to operate and maintain a hazardous waste

facility, as required by the Oklahoma Hazardous Waste Management

Act, a permit shall be denied.

F. The operation of a hazardous waste facility shall be under

the supervision of a person meeting qualifications set by the Board

appropriate to the type of facility.

G. The Department is authorized and shall require the

construction of monitoring wells, pond liners, fencing, signs or

other equipment deemed necessary by the Department to ensure the

suitable operation of the facility.

H. Hazardous waste undergoing analysis to determine if it is

acceptable for disposal that is temporarily staged within the

confines of a permitted hazardous waste unit in a manner that will

prevent the waste, or any constituent thereof, from entering the

environment during such temporary staging shall not constitute

disposal of the hazardous waste.

I. 1. In any case where the owner or operator of a hazardous

waste facility is in bankruptcy, reorganization, or arrangement

pursuant to the Federal Bankruptcy Code or if jurisdiction in any

state court or any federal court cannot be obtained over an owner or

operator likely to be solvent at the time of judgment, any claim

arising from conduct for which evidence of financial responsibility

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 182

is required pursuant to the Oklahoma Hazardous Waste Management Act

may be asserted directly against the guarantor providing such

evidence of financial responsibility. In the case of any action

taken pursuant to this section, such guarantor shall be entitled to

claim all rights and defenses which would have been available to the

owner or operator if any action had been brought against the owner

or operator by the claimant and which would have been available to

the guarantor if any action had been brought against the guarantor

by the owner or operator.

2. The total liability of any guarantor shall be limited to the

aggregate amount which the guarantor has provided as evidence of

financial responsibility for the owner or operator pursuant to the

Oklahoma Hazardous Waste Management Act. Nothing in this subsection

shall be construed to limit any other state or federal statutory,

contractual or common law liability of a guarantor to its owner or

operator including, but not limited to, the liability of such

guarantor for bad faith either in negotiating or failing to

negotiate the settlement of any claim. Nothing in this subsection

shall be construed to diminish the liability of any person under the

Federal Comprehensive Environmental Response, Compensation and

Liability Act of 1980 or other applicable law.
Okla. Stat. tit. 27A, § 27A-2-5-106.1 — OK Code / Title 27A / Section 27A-2-5-106.1
Controlled open burning - Fire training
Status: in_force

A. For purposes of this section, “open burning” means the

burning of combustible materials in such a manner that the products

of combustion are emitted directly to the outside atmosphere.

B. A municipal fire department may engage in controlled open

burning of a structure for purposes of fire training if the records

of the department document the purpose of the open burn and the

following conditions are met:

1. The municipal fire chief or designee shall provide

notification of the planned open burn to the Department of

Environmental Quality at least ten (10) days prior to the burning.

The notification shall be on a form developed by the Department,

document that the provisions of this section are satisfied and be

signed by the municipal fire chief;

2. For any human-made structure, the entire structure,

including, but not limited to, insulation, roofing, flooring,

painted surfaces and plumbing, shall be examined for the presence of

asphalt, asbestos and lead-containing materials. All asphalt,

asbestos and lead-containing materials shall be removed from the

structure prior to the fire training. Asbestos inspection and

removal shall be conducted according to the requirements of federal

law;

3. Any human-made structure demolished pursuant to the

provisions of this act shall not be demolished prior to the fire

training. Demolition shall not include structural deterioration due

to natural causes;

4. Prior to conducting any fire training involving a human-made

structure located within three hundred (300) feet of another human-

made structure, the municipality shall notify in writing the owners

of the property located within three hundred (300) feet within ten

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 103

(10) days prior to a meeting of the governing body of the

municipality to provide an opportunity for public comment; and

5. Following the completion of fire training, all debris

resulting from the training must be disposed of in the appropriate

manner.

C. The Board of Environmental Quality shall have the authority

to promulgate rules as may be necessary to implement the purposes of

this section.
Okla. Stat. tit. 27, § 27-13 — OK Code / Title 27 / Section 27-13
Policies
Status: in_force

Any person, acquiring agency or other entity acquiring real

property for any public project or program described in Section 9 of

this title shall comply with the following policies:

1. Every reasonable effort shall be made to acquire,

expeditiously, real property by negotiation.

2. Real property shall be appraised before the initiation of

negotiations, and the owner or his designated representative shall

be given an opportunity to accompany the appraiser during his

inspection of the property, except that the head or governing body

of the entity acquiring real property, if so mandated by federal law

or regulation, may prescribe a procedure to waive the appraisal in

cases involving the acquisition by sale or donation of property with

a low fair market value as such value is defined by federal law or

regulation.

3. Before the initiation of negotiations for real property, an

amount shall be established which is reasonably believed to be just

compensation therefor and such amount shall be promptly offered for

the property. In no event shall such amount be less than the

approved appraisal of the fair market value of such real property.

Any decrease or increase in the fair market value of real property

prior to the date of valuation caused by the public improvement for

which such property is acquired, or by the likelihood that the

property would be acquired for such improvement, other than that due

to physical deterioration within the reasonable control of the

Oklahoma Statutes - Title 27. Eminent Domain Page 7

owner, will be disregarded in determining the compensation for the

property. The owner of the real property to be acquired shall be

provided with a written statement of, and summary of the basis for,

the amount established as just compensation. Where appropriate, the

just compensation for the real property acquired and for damages to

remaining real property shall be separately stated.

4. No owner shall be required to surrender possession of real

property before the agreed purchase price is paid or deposited with

the state court, in accordance with applicable law, for the benefit

of the owner of an amount not less than the approved appraisal of

the fair market value of such property, or the amount of the award

of compensation in the condemnation proceeding of such property.

5. The construction or development of a public improvement

shall be so scheduled that, to the greatest extent practicable, no

person lawfully occupying real property shall be required to move

from a dwelling, assuming a replacement dwelling, as required by the

Oklahoma Relocation Assistance Act, will be available, or to move

his business or farm operation without at least ninety (90) days'

written notice from the date by which such move is required.

6. If any owner or tenant is permitted to occupy the real

property acquired on a rental basis for a short term or for a period

subject to termination on short notice, the amount of rent required

shall not exceed the fair rental value of the property to a short-

term occupier.

7. In no event shall the time of condemnation be advanced, on

negotiations or condemnation and the deposit of funds in court for

the use of the owner be deferred, or any other coercive action be

taken to compel an agreement on the price to be paid for the

property.

8. If an interest in real property is to be acquired by

exercise of power of eminent domain, formal condemnation proceedings

shall be instituted. The acquiring authority shall not

intentionally make it necessary for an owner to institute legal

proceedings to prove the fact of the taking of his real property.

9. If the acquisition of only part of the property would leave

its owner with an uneconomic remnant, an offer to acquire that

remnant shall be made. For the purposes of this section, an

uneconomic remnant is a parcel of real property in which the owner

is left with an interest after the partial acquisition of the

property of the owner which has little or no value or utility to the

owner.

10. A person whose real property is being acquired in

accordance with this title may, after the person has been fully

informed of his right to receive just compensation for such

property, donate such property, any part thereof, any interest

therein, or any compensation paid therefor, as such person shall

determine.

Oklahoma Statutes - Title 27. Eminent Domain Page 8

11. As used in this section:

a. "Appraisal" means a written statement independently

and impartially prepared by a qualified appraiser

setting forth an opinion of defined value of an

adequately described property as of a specific date,

supported by the presentation and analysis of relevant

market information; and

b. "Acquiring agency" means:

(1) a state agency which has the authority to acquire

property by eminent domain pursuant to state law,

and

(2) a state agency or person which does not have such

authority, to the extent provided by regulation.
Okla. Stat. tit. 27A, § 27A-1-1-205 — OK Code / Title 27A / Section 27A-1-1-205
State environmental agencies - Transferred and
Status: in_force

assigned programs and functions - Unexpired or unrevoked licenses,

permits, certifications or registrations - Existing rights,

obligations and remedies - Existing orders, claims or causes of

action.

A. With regard to all programs and functions transferred and

assigned among the state environmental agencies pursuant to Section

1-3-101 of this title, all agency rules, including fee schedules for

state and county, relating to such programs and functions are hereby

transferred to the receiving agency for the purpose of maintaining

and operating such programs and functions. Such rules shall remain

in effect only until June 30, 1994, at which time such transferred

rules will terminate unless earlier superseded by rules promulgated

by the receiving agency. By February 1, 1994, each agency receiving

programs or functions shall have adopted new permanent rules to

implement the programs and functions within the jurisdiction of the

agency pursuant to Section 1-3-101 of this title.

B. Unexpired or unrevoked licenses, permits, certifications or

registrations issued prior to July 1, 1993, shall remain valid for

stated terms and conditions until otherwise provided by law. Such

licenses, permits or registrations shall be subject to the laws and

rules of the state agency to which jurisdiction over such licenses,

permits or registrations are transferred pursuant to the Oklahoma

Environmental Quality Act.

C. All rights, obligations and remedies arising out of laws,

rules, agreements and causes of action are also transferred to such

agency.

D. Nothing in the Oklahoma Environmental Quality Act shall

operate to bar or negate any existing order, claim or cause of

action transferred or available to any state environmental agency or

its respective predecessor, nor shall it operate to affect

enforcement action undertaken by any program, division or service

prior to such transfer to any state environmental agency.

Violations of provisions of law now contained in this title, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 20

violations of rules, permits or final orders which occurred prior to

the transfer of jurisdiction and authority to any state

environmental agency shall be subject to penalties available and

existing at the time of violation.

E. Any application pending on June 30, 1993, before the

Oklahoma Water Resources Board or the State Department of Health for

a permit or license over which the Department has jurisdiction is

hereby transferred to the Department and shall be subject to the

Oklahoma Environmental Quality Code.

F. All permit applications filed with the Oklahoma Water

Resources Board on or before June 30, 1993, for which no permit has

been issued by the Oklahoma Water Resources Board for the land

application of industrial waste, sludge or wastewater shall be

subject to the requirements of this Code.Unexpired or unrevoked licenses, permits, certifications or registrations - Existing rights,
Okla. Stat. tit. 27A, § 27A-2-6-110 — OK Code / Title 27A / Section 27A-2-6-110
Pilot projects for aquifer storage and recovery
Status: in_force

The Department of Environmental Quality is authorized to issue

permits for limited-scale pilot projects for the purpose of aquifer

storage and recovery. The applications for such projects shall be

Tier II applications under the Oklahoma Uniform Environmental

Permitting Act. The Department shall determine pilot project

criteria and establish a process for the consideration of

applications. Each permit shall include any permit conditions the

Department deems necessary or appropriate for protection of the

aquifer quality. At a minimum these permits must meet the

provisions of paragraph 21 of subsection B of Section 1-3-101 of

Title 27A of the Oklahoma Statutes.
Okla. Stat. tit. 27A, § 27A-2-7-401 — OK Code / Title 27A / Section 27A-2-7-401
Short title
Status: in_force

Sections 2 through 9 of this act shall be known and may be cited

as the “Oklahoma Highway Remediation and Cleanup Services Act”.
Okla. Stat. tit. 27, § 27-5 — OK Code / Title 27 / Section 27-5
Local governments and cemeteries - Eminent domain
Status: in_force

Any county, city, town, township, school district, or board of

education, or any board or official having charge of cemeteries

created and existing under the laws of this state, shall have power

to condemn lands in like manner as railroad companies, for highways,

rights-of-way, building sites, cemeteries, public parks and other

public purposes.

R.L. 1910, § 3188.
Okla. Stat. tit. 27A, § 27A-2-11-402 — OK Code / Title 27A / Section 27A-2-11-402
Renumbered as § 2-11-401.1 of this title by Laws
Status: in_force

2005, c. 230, § 8, eff. July 1, 2005.
Okla. Stat. tit. 27A, § 27A-2-8-103 — OK Code / Title 27A / Section 27A-2-8-103
Authorization to execute Compact
Status: in_force

The Governor, on behalf of this state, is authorized to execute

the Central Interstate Low-Level Radioactive Waste Compact, in order

for this state to become a party state as defined in paragraph J of

Article II of the compact. For the purposes of the Central

Interstate Low-Level Radioactive Waste Compact, the state has not

entered into an interstate compact until the compact becomes

effective by its own terms.
Okla. Stat. tit. 27A, § 27A-1-4-107 — OK Code / Title 27A / Section 27A-1-4-107
Maintenance of computerized water quality data
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 46

A. The Department of Environmental Quality shall maintain a

computerized information system of water quality data, including but

not limited to the results of surface water and groundwater quality

monitoring in a manner that is accessible to the state environmental

agencies and to the public.

B. 1. Each state environmental agency shall submit the results

of any water quality monitoring performed by the agency in readable

electronic format as determined by the Department pursuant to

recommendations of the State Water Quality Standards Implementation

Advisory Committee.

2. All submitted data shall be in a format consistent with the

applicable federal program.

3. If any state environmental agency is unable to submit the

data, such fact shall be reported to the Secretary of the

Environment.
Okla. Stat. tit. 27A, § 27A-2-16-105 — OK Code / Title 27A / Section 27A-2-16-105
Executive Director and staff – Enumerated duties and
Status: in_force

activities – Director authority.

A. Not more than thirty (30) days after the Executive Director

of the Department of Environmental Quality and the Administrator of

the United States Environmental Protection Agency become signatories

to the Refinery Permitting Cooperative Agreement (RPCA) as provided

for in Section 4 of this act, the following shall occur:

1. The Executive Director shall designate one or more employees

of the Department of Environmental Quality with expertise relating

to the siting and operation of refineries to provide legal and

technical assistance to any permit applicants in accordance with the

designations made in subsection E of this section; and

2. The Executive Director and the Administrator shall identify

steps, including timelines, that each shall take to streamline the

consideration of state and federal environmental permits for a new

refinery facility.

B. Pursuant to the provisions of the RPCA, the Executive

Director shall be authorized to:

1. Accept from a refiner a consolidated application for all

permits required from the Environmental Protection Agency and the

Department of Environmental Quality, to the extent consistent with

applicable law and the RPCA;

2. Enter into memoranda of agreement with other state and

federal agencies to coordinate consideration of refinery facility

applications and permits; and

3. Enter into memoranda of agreement with state and federal

agencies, under which state and federal review of refinery facility

permit applications will be coordinated and concurrently considered,

to the extent practicable.

C. The Executive Director is authorized to request financial

assistance from the federal government to facilitate the hiring of

additional personnel with expertise in fields relevant to

consideration of refinery permits.

D. The Executive Director is authorized to request technical,

legal, or other assistance from the federal government to facilitate

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 328

the state level review of applications for the construction of new

refinery facilities.

E. The RPCA shall designate each state and federal agency that

will provide technical and legal assistance relating to the siting

and operation of refinery facilities, with respect to each of the

following, if applicable:

1. The Clean Air Act (42 U.S.C. 7401 et seq.);

2. The Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.);

3. The Safe Drinking Water Act (42 U.S.C. 300f et seq.);

4. The Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601 et seq.);

5. The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

6. The Toxic Substances Control Act (15 U.S.C. 2601 et seq.);

7. The National Historic Preservation Act (16 U.S.C. 470 et

seq.);

8. The National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.); and

9. The Endangered Species Act (16 U.S.C. 1531 et seq.).
Okla. Stat. tit. 27A, § 27A-2-5-105 — OK Code / Title 27A / Section 27A-2-5-105
Administrative agency - Powers and duties
Status: in_force

The Department of Environmental Quality is hereby designated the

administrative agency for the Oklahoma Clean Air Act for the state.

The Department is empowered to:

1. Establish, in accordance with its provisions, those programs

specified elsewhere in the Oklahoma Clean Air Act;

2. Establish, in accordance with the Oklahoma Clean Air Act, a

permitting program for the state which will contain the flexible

source operation provisions required by Section 502(b)(10) of the

Federal Clean Air Act Amendments of 1990;

3. Prepare and develop a general plan for proper air quality

management in the state in accordance with the Oklahoma Clean Air

Act;

4. Enforce rules of the Board and orders of the Department and

the Council;

5. Advise, consult and cooperate with other agencies of the

state, towns, cities and counties, industries, other states and the

federal government, and with affected groups in the prevention and

control of new and existing air contamination sources within the

state;

6. Encourage and conduct studies, seminars, workshops,

investigations and research relating to air pollution and its

causes, effects, prevention, control and abatement;

7. Collect and disseminate information relating to air

pollution, its prevention and control;

8. Encourage voluntary cooperation by persons, towns, cities

and counties, or other affected groups in restoring and preserving a

reasonable degree of purity of air within the state;

9. Represent the State of Oklahoma in any and all matters

pertaining to plans, procedures or negotiations for the interstate

compacts in relation to the control of air pollution;

10. Provide such technical, scientific or other services,

including laboratory and other facilities, as may be required for

the purpose of carrying out the provisions of the Oklahoma Clean Air

Act, from funds available for such purposes;

11. Employ and compensate, within funds available therefor,

such consultants and technical assistants and such other employees

on a full- or part-time basis as may be necessary to carry out the

provisions of the Oklahoma Clean Air Act and prescribe their powers

and duties;

12. Accept and administer grants or other funds or gifts for

the purpose of carrying out any of the functions of the Oklahoma

Clean Air Act;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 101

13. Budget and receive duly appropriated monies and all other

monies available for expenditures to carry out the provisions and

purposes of the Oklahoma Clean Air Act;

14. Bring appropriate court action to enforce the Oklahoma

Clean Air Act and final orders of the Department, and to obtain

injunctive or other proper relief in the district court of the

county where any alleged violation occurs or where such relief is

determined necessary. The Department, in furtherance of its

statutory powers, shall have the independent authority to file an

action pursuant to the Oklahoma Clean Air Act in district court.

Such action shall be brought in the name of the Department of

Environmental Quality;

15. Take such action as may be necessary to abate the alleged

pollution upon receipt of evidence that a source of pollution or a

combination of sources of pollution is presenting an immediate,

imminent and substantial endangerment to the health of persons;

16. Periodically enter and inspect at reasonable times or

during regular business hours, any source, facility or premises

permitted or regulated by the Department, for the purpose of

obtaining samples or determining compliance with the Oklahoma Clean

Air Act or any rule promulgated thereunder or permit condition

prescribed pursuant thereto, or to examine any records kept or

required to be kept pursuant to the Oklahoma Clean Air Act. Such

inspections shall be conducted with reasonable promptness and shall

be confined to those areas, sources, facilities or premises

reasonably expected to emit, control, or contribute to the emission

of any air contaminant;

17. Require the submission or the production and examination,

within a reasonable amount of time, of any information, record,

document, test or monitoring results or emission data, including

trade secrets necessary to determine compliance with the Oklahoma

Clean Air Act or any rule promulgated thereunder, or any permit

condition prescribed or order issued pursuant thereto. The

Department shall hold and keep as confidential any information

declared by the provider to be a trade secret and may only release

such information upon authorization by the person providing such

information, or as directed by court order. Any documents submitted

pursuant to the Oklahoma Clean Air Act and declared to be trade

secrets, to be so considered, must be plainly labeled by the

provider, and be in a form whereby the confidential information may

be easily removed intact without disturbing the continuity of any

remaining documents. The remaining document, or documents, as

submitted, shall contain a notation indicating, at the place where

the particular information was originally located, that confidential

information has been removed. Nothing in this section shall

preclude an in-camera examination of confidential information by an

Administrative Law Judge during the course of a contested hearing;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 102

18. Maintain and update at least annually an inventory of air

emissions from stationary sources;

19. Accept any authority delegated from the federal government

necessary to carry out any portion of the Oklahoma Clean Air Act;

and

20. Carry out all other duties, requirements and

responsibilities necessary and proper for the implementation of the

Oklahoma Clean Air Act and fulfilling the requirements of the

Federal Clean Air Act.
Okla. Stat. tit. 27A, § 27A-2-8-202 — OK Code / Title 27A / Section 27A-2-8-202
Rules - Apportionment of fees
Status: in_force

A. The Environmental Quality Board, with the assistance of the

Radiation Management Advisory Council, shall promulgate, in

accordance with the Administrative Procedures Act, for the purpose

of the compact, rules for the generating, storing, packaging and

transporting of low-level radioactive waste generated within

Oklahoma and the packaging and transporting of such waste passing

through this state.

B. The Board rules shall be consistent with and may incorporate

such standards of the U.S. Nuclear Regulatory Commission and of the

U.S. Department of Transportation by reference. The Department of

Environmental Quality shall administer and enforce the provisions of

the Central Interstate Low-Level Radioactive Waste Compact and the

rules of the Board.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 216

C. The annual fees of the State of Oklahoma due the Central

Interstate Low-Level Radioactive Waste Compact Commission shall be

apportioned among those generators disposing of low-level

radioactive waste as determined by the Central Interstate Low-Level

Radioactive Waste Compact Commission unless the Department

determines to use other funds available to it for that purpose.
Okla. Stat. tit. 27A, § 27A-2-6-109 — OK Code / Title 27A / Section 27A-2-6-109
Potable reuse of treated wastewater - Storage
Status: in_force

A. No later than August 31, 2012, the Department of

Environmental Quality shall convene a working group including

municipalities, consulting engineers, technical experts, and the

general public to explore opportunities for water reuse and define

the process for variances from the construction and operations

standards relating to indirect potable reuse, Category 2, and

Category 3 reuse waters.

B. No later than July 1, 2013, the Board of Environmental

Quality shall promulgate rules for the indirect potable reuse of

treated wastewater. The rules shall contain a variance process from

the water reuse construction and operation standards.

C. No later than July 1, 2013, the Board shall promulgate rules

to develop a variance process from the water reuse construction and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 130

operations standards for Category 2 and Category 3 reuse water to

authorize the storage of such waters within existing surface

impoundments.

D. Rules promulgated pursuant to this section shall protect

public health and the environment.
Okla. Stat. tit. 27A, § 27A-2-7-306 — OK Code / Title 27A / Section 27A-2-7-306
Rules
Status: in_force

The Board shall promulgate rules to implement and administer the

Hazardous Waste Fund Act.
Okla. Stat. tit. 27A, § 27A-2-10-308.1 — OK Code / Title 27A / Section 27A-2-10-308.1
Disposal of untreated biomedical waste in
Status: in_force

municipal solid waste landfills prohibited.

No person, firm, association, corporation or cooperative shall

dispose of untreated, potentially infectious medical waste in either

a municipal solid waste landfill or in any receptacle or system

designed to collect and transport solid waste to a municipal solid

waste landfill. This prohibition shall include all quantities of

untreated sharps but shall not apply to other untreated, potentially

infectious medical waste generated in quantities less than sixty

(60) pounds (27.2 kilograms) per month from one physical location.
Okla. Stat. tit. 27A, § 27A-2-5-130 — OK Code / Title 27A / Section 27A-2-5-130
Air curtain incinerators – Limitations on required
Status: in_force

use.

A. 1. The Department of Environmental Quality shall not

require the use of an air curtain incinerator for fires purposely

set for land clearing operations except in counties or areas within

a county that:

a. are or have been designated nonattainment for National

Ambient Air Quality Standards (NAAQS) or where the

Department-certified ambient air quality monitoring

data documents a violation of primary NAAQS prior to

such determination, or

b. have a population of greater than five hundred

thousand (500,000) people according to the latest

Federal Decennial Census.

2. For the purposes of this section, "air curtain incinerator"

means an incineration unit, operating by forcefully projecting a

curtain of air across an open integrated combustion chamber or open

pit or trench, in which combustion occurs.

B. The Department shall not require the use of an air curtain

incinerator for fires purposely set for the burning of clean wood

waste or yard brush except in counties or areas within a county

that:

1. Are or have been designated nonattainment for National

Ambient Air Quality Standards (NAAQS) or where the Department-

certified ambient air quality monitoring data documents a violation

of primary NAAQS prior to such determination; or

2. Have a population of greater than five hundred thousand

(500,000) people according to the latest Federal Decennial Census.

C. The Department may promulgate rules to limit accumulation of

clean wood waste or yard brush.

D. The burning of clean wood waste or yard brush shall not

create a public nuisance.

E. The Department shall promulgate rules to carry out the

provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-7-111 — OK Code / Title 27A / Section 27A-2-7-111
Prohibited disposal - Hazardous waste facility for
Status: in_force

on-site or off-site treatment, recycling, storage or disposal.

A. The practice of plowing hazardous waste into the soil

surface for the purpose of disposal is hereby prohibited except

pursuant to a plan approved by the Department of Environmental

Quality for biodegradable or inert material. In addition, the site

used for such disposal shall not be subject to flooding or extensive

erosion. The administrative permit hearing provisions of Sections

2-7-113, 2-7-113.1 and 2-14-304 of this title shall not apply to

soil farming operations conducted on the generator's plant site or

nearby property under the control of the generator.

B. A hazardous waste facility for on-site treatment, recycling

or storage shall not be sited in or over a principal groundwater

resource or recharge area as determined in writing by the Oklahoma

Geological Survey, except pursuant to a plan approved by the

Department. The plan shall contain such design criteria and

groundwater monitoring provisions as deemed necessary by the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 175

Department to protect the quality of said principal groundwater

resource or recharge area. The plan shall also provide for the

establishment and maintenance of a bond or other financial assurance

in a form and amount acceptable to the Department, specifically for

the purpose of assuring both immediate response and containment and

comprehensive remediation as directed by the Department in the event

of a release to soil or water of any hazardous waste or hazardous

waste constituent.

C. 1. Except as provided in paragraph 3 of this subsection, a

hazardous waste facility for off-site treatment, recycling or

storage or for on-site or off-site disposal shall not be sited in or

over a principal groundwater resource or recharge area as determined

in writing by the Oklahoma Geological Survey.

2. a. Except as provided in subparagraph b of this

paragraph, a facility for off-site treatment, storage,

recycling or disposal of hazardous waste shall not be

sited in any other area of the state without the prior

written approval of an emergency and release response

plan by the affected property owners as such term is

defined in Section 2-7-103 of this title. Such plan

shall provide for the minimization of hazards to the

health and property of such affected property owners

from emergency situations or from sudden or nonsudden

releases of hazardous waste or constituents thereof.

After the applicant has made a reasonable effort to

negotiate said plan with the affected property owners

and has acquired the written approval of a majority of

the affected property owners, the applicant may

certify to the Department that such reasonable effort

has been made and that a minority of the affected

property owners would not consent. The Department may

then issue the permit if it meets all other

requirements.

The Department is expressly authorized to review the

reasons of the affected property owners for

nonapproval of the plan. If nonapproval is not based

solely upon minimization of environmental hazards to

the health and property of the affected property

owners, the Department shall exclude those affected

property owners from a calculation of a majority of

affected property owners. The Department shall have

the final authority to issue or not to issue any

permit to any treatment, storage, or disposal

facility.

b. Existing industrial facilities not currently receiving

hazardous waste which propose to begin receiving

hazardous waste from off-site, including facilities at

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 176

which the hazardous waste is to be utilized as fuel in

a recycling unit and all other existing industrial

facilities, shall submit an emergency and release

response plan as part of the permit application. The

plan shall be subject to public review and comment as

part of the permit application pursuant to Section 2-

7-113 of this title or the Oklahoma Uniform

Environmental Permitting Act prior to final approval

or disapproval by the Department. Upon submittal of

the proposed plan to the Department, the applicant

shall be required to mail a copy of said plan to the

affected property owners and shall promptly thereafter

certify to the Department that such mailing has been

made. If a permit is issued, the permittee shall send

the final plan by first-class mail to the last-known

address of all affected property owners.

c. An emergency and release response plan for a new or

existing facility, located or to be located within the

city limits or within the emergency response area of

any incorporated city or town, which proposes to begin

receiving hazardous waste from off-site shall not be

approved by the Department until at least sixty (60)

days after the city or town has been served with a

copy of the plan by the applicant. During said sixty-

day period the city or town shall have the opportunity

to review the plan and comment to the Department upon

the ability of the city to comply with any item in the

plan requiring the participation of or assistance by

the city or town or any departments or agencies

thereof.

3. The Department may grant a variance to an off-site hazardous

waste treatment, recycling or storage facility to allow the siting

of such facility over a principal groundwater resource or recharge

area as determined in paragraph 1 of this subsection, upon the

following conditions:

a. the request for variance, and a detailed rationale,

shall be included in the permit application,

b. the Department shall receive and consider comments on

the appropriateness of the proposed variance at any

formal public meeting or administrative permit hearing

conducted on the draft permit or proposed permit

pursuant to the provisions of Section 2-7-113 of this

title or the Oklahoma Uniform Environmental Permitting

Act,

c. the applicant shall bear the burden of establishing

clearly and convincingly to the Department that the

design, construction and operation of the proposed

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 177

facility will be such that the risk of a release of

hazardous waste or hazardous waste constituents

directly or indirectly to groundwater is minimal, and

d. the permit application shall provide for the

establishment and maintenance of a bond or other

financial assurance as described and for the purposes

specified in subsection B of this section.

D. The provisions of this section shall apply to:

1. Applications for future proposed sites;

2. Pending applications for new hazardous waste permits; and

3. Applications for permits to modify existing facilities which

have either a permit or interim status when the proposed

modification involves the opportunity for an administrative permit

hearing.

E. The provisions of paragraphs 1 and 2 of subsection C of this

section shall not apply to applications to increase existing

storage, treatment, recycling or disposal capacity or to modify

existing disposal sites for treatment or disposal. Such

modification of existing disposal sites shall include upgrading said

facilities to use the best available waste destruction technology

such as incineration, detoxification, recycling or neutralization

technology.
Okla. Stat. tit. 27A, § 27A-3-5-103 — OK Code / Title 27A / Section 27A-3-5-103
Agency jurisdiction
Status: in_force

The Corporation Commission shall have exclusive jurisdiction

over Class VI CO2 injection wells, and the injection of CO2 for

carbon sequestration into approved reservoirs.
Okla. Stat. tit. 27A, § 27A-3-3-112 — OK Code / Title 27A / Section 27A-3-3-112
Cooperation between districts
Status: in_force

A. Any two or more districts organized under the provisions of

the Conservation District Act may cooperate with one another in the

exercise of any or all powers conferred in the Conservation District

Act, and expend locally earned district funds in furtherance of such

cooperation.

B. Any two or more districts may engage in joint activities by

agreement between or among them in planning, financing,

constructing, operating, maintaining and administering any program

or project concerned with the conservation of renewable natural

resources. The districts concerned may make available for purposes

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 353

of the agreement any funds, property, personnel, equipment or

services available to them under the Conservation District Act.

C. Any district may enter into such agreements with a district

or districts in adjoining states to carry out such purposes if the

law in such other states permits the districts in such states to

enter into such agreements.

D. The Commission shall have authority to propose, guide and

facilitate the establishment and carrying out of any such

agreements.
Okla. Stat. tit. 27A, § 27A-3-3-111 — OK Code / Title 27A / Section 27A-3-3-111
Cooperation with districts
Status: in_force

It is policy of the Legislature to require mutual cooperation

and assistance among the governing officers of the counties, cities,

other municipalities, conservation districts, other special purpose

districts and other political subdivisions of the state in all

activities directly affecting the conservation of the renewable

natural resources of this state, within the broad definition of

these terms given in the Conservation District Act.
Okla. Stat. tit. 27A, § 27A-2-9-107 — OK Code / Title 27A / Section 27A-2-9-107
Exercise of federal authority - Impoundment of
Status: reserved

radioactive materials.

The authority reserved to the United States Nuclear Regulatory

Commission shall only be exercised by this state after this state

has achieved agreement status with the Commission pursuant to

Section 274b of the Atomic Energy Act of 1954, as amended. In the

event of an emergency which threatens the public health, safety and

welfare or the environment, the Department of Environmental Quality

may impound or order the impounding of by-product material, special

nuclear material, and sources of radiation in the possession of any

person who is not equipped to observe or fails to observe the

provisions of the Radiation Management Act or any rules issued

thereunder. The costs of such impoundment shall be assessed against

such person.
Okla. Stat. tit. 27A, § 27A-2-11-405.1 — OK Code / Title 27A / Section 27A-2-11-405.1
Renumbered as § 2-11-401.5 of this title by Laws
Status: in_force

2005, c. 230, § 12, eff. July 1, 2005.