Okla. Stat. tit. 27A, § 27A-2-12-102 — OK Code / Title 27A / Section 27A-2-12-102
Definitions
Status: in_force

For the purposes of the Oklahoma Lead-based Paint Management

Act:

1. "Abatement" means any set of measures designed to

permanently eliminate lead-based paint hazards in accordance with

standards established by the Board. The term abatement includes but

is not limited to:

a. the removal of lead-based paint and lead-contaminated

dust, the permanent containment or encapsulation of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 296

lead-based paint, the replacement of lead-painted

surfaces or fixtures, and the removal or covering of

lead-contaminated soil, and

b. all preparation, cleanup, disposal and postabatement

clearance testing activities associated with such

measures;

2. "Board" means the Environmental Quality Board;

3. "Certified lead-based paint contractor" means any individual

who is certified by the Department as a lead-based paint reduction

contractor, inspector or hazard evaluator or a combination thereof;

4. "Certified lead-based paint specialist" means a lead-based

paint specialist certified by the Department;

5. "Child-occupied facility" means a building or portion of a

building constructed prior to 1978, which is visited by a child six

(6) years of age or younger for at least three (3) hours in one day

on two (2) or more days in the same week, when the combined visiting

time for that child totals six (6) hours or more in one week and at

least sixty (60) hours in one year. The designated weekly period

for this calculation begins on Sunday and ends on Saturday. The

term "child-occupied facility" may include, but is not limited to,

day-care centers, preschools and kindergarten classrooms;

6. "Deleading" means activities conducted by a lead-based paint

contractor or specialist who offers to eliminate lead-based paint or

lead-based paint hazards or to plan such activities;

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

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

Department of Environmental Quality;

9. "Federally assisted housing" means residential dwellings

receiving project-based assistance pursuant to programs including,

but not limited to:

a. Section 221(d)(3) or 236 of the National Housing Act,

b. Section 1 of the Housing and Urban Development Act of

1965,

c. Section 8 of the United States Housing Act of 1937, or

d. Sections 502(a), 504, 514, 515, 516 and 533 of the

Housing Act of 1949;

10. "Federally owned housing" means residential dwellings owned

or managed by the federal agency, or for which a federal agency is a

trustee or conservator. The term federal agency includes the

federal Department of Housing and Urban Development, the Farmers

Home Administration, the Resolution Trust Corporation, the Federal

Deposit Insurance Corporation, the General Services Administration,

the Department of Defense, the federal Department of Veterans

Affairs, the Department of the Interior, the federal Department of

Transportation, and any other federal agency;

11. "Hazard evaluation" means an on-site investigation process

established by the rules of the Board to determine and report the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 297

existence, nature, severity, and location of lead-based paint

hazards in residential dwellings. For purposes of this act, the

term hazard evaluation shall be synonymous with the term risk

assessment as used in Title X of the Residential Lead-based Paint

Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq., Public Law No.

102-550;

12. "Interim controls" means a set of measures designed to

temporarily reduce human exposure or likely exposure to lead-based

paint hazards, including specialized cleaning, repairs, maintenance,

painting, temporary containment, ongoing monitoring of lead-based

paint hazards or potential hazards, and the establishment and

operation of management and resident education programs;

13. "Lead-based paint" means paint or other surface coatings

that contain lead in excess of 1.0 milligrams per centimeter squared

or 0.5 percent by weight or:

a. in the case of paint or other surface coatings in

target housing, such lower level as may be established

by the United States Secretary of Housing and Urban

Development, as defined in Section 302(c) of the

federal Lead-based Paint Poisoning Prevention Act, or

b. in the case of any other paint or surface coatings,

such other level as may be established by the Board;

14. "Lead-based paint activities" means:

a. in the case of public property and private property,

hazard evaluation assessment, inspection, deleading

and abatement of lead sources or lead-based paint,

lead-based paint hazards, lead-contaminated dust, or

lead-contaminated soil, and demolition, and

b. in the case of any public building constructed before

1978, commercial building, bridge, or other structure

or superstructure, identification of lead-based paint

and materials containing lead-based paint, deleading,

removal of lead from bridges and demolition;

15. "Lead-based paint contractor" means any individual or firm

who performs or supervises or offers to perform or to supervise

lead-based paint inspections, hazard evaluations, project designs,

abatements or reduction;

16. "Lead-based paint reduction contractor" means any

individual who performs or supervises lead-based paint services,

including but not limited to hazard reduction, abatement, or

deleading;

17. "Lead-based paint hazard" means any condition that causes

exposure to lead from lead-contaminated dust, lead-contaminated soil

or lead-contaminated paint that is deteriorated or present in

accessible surfaces, friction surfaces, or impact surfaces that

would result in adverse human health effects as established by the

Board;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 298

18. "Lead-based paint hazard evaluator" means an individual

certified by the Department to perform lead-based paint hazard

evaluations;

19. "Lead-based paint inspector" means an individual certified

by the Department to perform a surface-by-surface investigation to

determine the presence of lead-based paint and provide a report

explaining the results of the investigation;

20. "Lead-based paint services" means any lead-based paint

hazard evaluation, detection, reduction, renovation, remodeling,

abatement, on-site testing, or any other lead-based paint activities

which may create a lead-based paint hazard;

21. "Lead-based paint specialist" means any worker or other

person directly and substantially involved in the performance of

lead-based paint services and who has satisfactorily completed the

required level of lead-based paint training from accredited training

providers and programs, or in the case of out-of-state providers and

programs, from Department-recognized and approved providers and

programs. For the purposes of this article, the term lead-based

paint specialist shall be synonymous with the term abatement worker

or worker as used in Title X of the Residential Lead-based Paint

Hazards Reduction Act of 1992, 42 U.S.C., Section 4851 et seq.,

Public Law No. 102-550;

22. "Lead-contaminated dust" means surface dust in residential

or commercial dwellings that contains an area or mass concentration

of lead in excess of levels determined by the Board to pose a threat

of adverse human health effects;

23. "Lead-contaminated soil" means bare soil on residential or

commercial real property that contains lead at or in excess of the

levels determined to be hazardous to human health by the Board;

24. "Lead-hazard detection" means the identification of lead-

based paint hazards;

25. "Reduction" or "lead-hazard reduction" means measures

designed to reduce or eliminate human exposure to lead-based paint

hazards through methods including interim controls and abatement;

26. "Residential dwelling" means:

a. a single-family dwelling, including attached

structures such as porches and stoops, or

b. a single-family dwelling unit in a structure that

contains more than one separate residential dwelling

unit, and in which each such unit is used or occupied,

or intended to be used or occupied, in whole or in

part, as the home or residence of one or more persons;

and

27. "Target housing" means any housing constructed prior to

1978. In the case of jurisdictions which banned the sale or use of

lead-based paint prior to 1978, the United States Secretary of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 299

Housing and Urban Development, at the Secretary's discretion, may

designate an earlier date.
Okla. Stat. tit. 27A, § 27A-2-10-402 — OK Code / Title 27A / Section 27A-2-10-402
Solid waste permit required for beneficial use,
Status: in_force

transport, disposal and storage of sludge.

A. In addition to any permit required under Article VI of

Chapter 2 of this Code, a solid waste permit shall be required for

the beneficial use, transport, disposal and storage of sludge not

subject to the direct jurisdiction of a state environmental agency.

B. All sludge application projects shall be operated in

conformance with rules promulgated by the Board.

C. A permit issued pursuant to this part shall be subject to

the enforcement provisions of Article III of this Code.

D. The provisions of this section shall apply to 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, wastewater or sludge.
Okla. Stat. tit. 27A, § 27A-2-3-403 — OK Code / Title 27A / Section 27A-2-3-403
Environmental Trust Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Environmental Quality to be designated the

"Environmental Trust Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of monies collected pursuant to the provisions of Section

354 of Title 17 of the Oklahoma Statutes for deposit in the

Environmental Trust Revolving Fund and monies received in the form

of gifts, grants, reimbursements, and from any other source

specified for the purposes specified by this section. All monies

accruing to the credit of said fund are hereby appropriated and may

be budgeted and expended by the Department of Environmental Quality

for matching federal funds available for environmental remediation

and cleanup. 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.
Okla. Stat. tit. 27A, § 27A-1-4-121 — OK Code / Title 27A / Section 27A-1-4-121
Construction with statutory or common law privilege
Status: in_force

This act shall not limit, waive or abrogate the scope or nature

of any statutory or common law privilege, including the work product

doctrine and the attorney-client privilege.
Okla. Stat. tit. 27A, § 27A-3-3-115 — OK Code / Title 27A / Section 27A-3-3-115
Conservation Cost-Share Fund
Status: in_force

A. There is hereby created within the State Treasury a cost-

share fund for the Oklahoma Conservation Commission to be designated

the "Conservation Cost-Share Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the Conservation Commission to implement and

maintain the conservation cost-share program.

B. The Conservation Cost-Share Fund shall consist of:

1. Money received by the Conservation Commission in the form of

gifts, grants, reimbursements, donations, industry contributions,

state appropriations, funds allocated by federal agencies for cost-

share programs and such other monies specifically designated for the

cost-share program. All monies accruing to the credit of said fund

are hereby appropriated and may be budgeted and expended by the

Commission for the conservation cost-share program; and

2. Interest attributable to investment of money in the

Conservation Cost-Share Fund.

C. All donations or other proceeds received by the Commission

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Conservation Cost-Share

Fund. Expenditures from the fund shall be made upon warrants issued

by the State Treasurer against claims filed as prescribed by law

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 356

with the Director of the Office of Management and Enterprise

Services for approval and payment.

D. The monies deposited in the Conservation Cost-Share Fund

shall at no time become part of the general budget of the

Conservation Commission or any other state agency. Except for any

administration costs incurred in development and implementation of

the cost-share program, no monies from the fund shall be transferred

for any purpose to any other state agency or any account of the

Conservation Commission or be used for the purpose of contracting

with any other state agency or reimbursing any other state agency

for any expense.
Okla. Stat. tit. 27A, § 27A-1013 — OK Code / Title 27A / Section 27A-1013
Central Treatment Trust (CTT) - Power to make election -
Status: in_force

CTT deemed "publicly owned treatment works" (POTW).

A Central Treatment Trust, as defined in Section 2 of this act,

is hereby granted the authority, exercisable by a duly enacted

resolution of its Board of Trustees, to elect that its waste water

treatment facilities shall be deemed to constitute "treatment works"

that are publicly owned within the meaning of 33 U.S.C., Sections

1292 and 1317(b). A CTT making such an election shall also be

deemed to own a "publicly owned treatment works", or "POTW", within

the meaning of 40 CFR, Section 403.3(o). Upon the adoption of a

resolution exercising such election, the CTT shall promptly give

notice of such official action and furnish a certified copy of the

Board resolution to the United States Environmental Protection

Agency, the Department and the Oklahoma Secretary of State.
Okla. Stat. tit. 27A, § 27A-2-6-107 — OK Code / Title 27A / Section 27A-2-6-107
Definition – Gray water
Status: in_force

A. "Gray water" means untreated household wastewater that has

not come in contact with toilet waste and includes wastewater from

bathtubs, showers, washbasins, clothes washing machines and laundry

tubs and untreated municipal wastewater limited to wastewater

captured from municipal splash pads and water used by fire

departments for cleaning equipment and vehicles. Gray water shall

not include wastewater from kitchen sinks, kitchen dishwashers or

laundry water from the washing of material soiled with human

excreta, such as diapers.

B. The definition of gray water in subsection A of this section

shall apply only in municipalities enacting ordinances regulating

the use of gray water within the limits of their municipal

boundaries.

C. The Department of Environmental Quality shall not require a

permit for reusing captured wastewater from a splash pad for

irrigation or land application, with or without intermediary storage

units, if the splash pad is within the jurisdictional boundaries of

a municipality or county that has enacted an ordinance or resolution

regulating the management of wastewater from splash pads and the

ordinance or resolution, at a minimum, includes the same conditions

and restrictions as set forth in paragraphs 5, 8, 11, and 12 of

subsection A of Section 2-6-108 of this title. For purposes of this

subsection, the term "splash pad" shall also include facilities

known as spray pools, spray pads, and spray grounds.
Okla. Stat. tit. 27A, § 27A-3-3-103 — OK Code / Title 27A / Section 27A-3-3-103
Secretary, technical experts and other employees -
Status: in_force

Legal assistance - Delegation of powers - Copies of ordinances,

rules and regulations, etc., to Commission.

A. The directors of a district may employ a secretary,

technical experts and other employees as necessary and determine

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 346

their duties and compensation. Employees of a conservation district

are at-will employees.

B. The district attorney within whose jurisdiction a majority

of the area of the district is situated shall act as legal advisor

for the board of directors and shall afford the board like

representation as is now provided for other county officers. The

directors may call upon the Attorney General of the state for such

legal services as they may require, or may employ their own counsel.

C. The directors may delegate, to their chair, to one or more

directors, or to one or more agents or employees such powers and

duties as they may deem proper.

D. The directors shall furnish to the commission copies of such

ordinances, rules, regulations, orders, contracts, forms and other

documents as they shall adopt or employ, and such other information

concerning their activities as it may require in the performance of

its duties under the Conservation District Act.
Okla. Stat. tit. 27A, § 27A-2-6-111 — OK Code / Title 27A / Section 27A-2-6-111
Moratorium on permitting of discharge to water
Status: in_force

emanating from sensitive sole source groundwater basins or

subbasins.

A. For purposes of this section, a "subject mine" shall mean a

mine, as defined in paragraph 2 of Section 723 of Title 45 of the

Oklahoma Statutes, proposed for a location overlying a sensitive

sole source groundwater basin or subbasin, exclusive of any mine

that meets at least one of the following conditions:

1. As of November 1, 2019, is engaged in the permitted

extraction of minerals from natural deposits; or

2. Satisfies the criteria of paragraph 1 or 2 of subsection C

of Section 1020.2 of Title 82 of the Oklahoma Statutes; or

3. Is not to be permitted to operate for a period of more than

five (5) years, with no extensions or renewals; or

4. The operation of which will not result in more than five (5)

acre-feet per year of groundwater emanating from a sensitive sole

source groundwater basin or subbasin to infiltrate its pit, as that

term is defined in paragraph 12 of Section 723 of Title 45 of the

Oklahoma Statutes.

B. Due to the inadequacy of existing technical resources,

analytic tools and regulatory systems for purposes of the effective

implementation of statutes relating to the operation of mines that

overlies a sensitive sole source groundwater basin or subbasin, the

Legislature hereby declares and establishes a moratorium on the

Department of Environmental Quality permitting of any discharge from

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 131

a subject mine to streams fed or supported by water emanating from

sensitive sole source groundwater basins or subbasins.

C. The moratorium shall remain in effect until such time as:

1. The conditions of subsection C of Section 3 of this act have

been satisfied; and

2. The Department of Environmental Quality promulgates final

rules to provide for effective interagency consultation and

coordination of activities among the Department, the Oklahoma Water

Resources Board and the Department of Mines on all administrative

matters relating to the operation of mines at locations that overlie

a sensitive sole source groundwater basin or subbasin.

D. Notwithstanding the moratorium, the Department of

Environmental Quality may issue any new permits, permit

modifications, permit amendments, permit revisions or permit

renewals necessary to maintain compliance or remedy identified

compliance issues pursuant to Title 27A of the Oklahoma Statutes to

operators of any mines lawfully engaged in mining, as defined in

paragraph 3 of Section 723 of Title 45 of the Oklahoma Statutes.

E. The Department of Environmental Quality is hereby authorized

and instructed to promulgate rules to implement the provisions of

this section.

F. The Department of Environmental Quality is hereby authorized

to cooperate with federal, tribal and any other agency in this state

in performing its responsibilities under this section.
Okla. Stat. tit. 27A, § 27A-2-16-106 — OK Code / Title 27A / Section 27A-2-16-106
Coordinated state and federal authorization and
Status: in_force

review process.

A. Upon the written request of a prospective applicant for

authorization of a refinery facility in the State of Oklahoma, the

Department of Environmental Quality shall act as the lead state

agency for the purpose of coordinating all applicable state and

federal authorizations and environmental reviews of the refining

facility. To the maximum extent practicable under applicable state

and federal law, the Executive Director of the Department of

Environmental Quality shall coordinate the state and federal

authorization and review process with any federal, state, tribal,

and local agencies responsible for conducting separate permitting

and environmental reviews of the refining facility.

B. 1. The Executive Director, in coordination with the state

agencies and, as appropriate, with federal, tribal and local

agencies that are willing to coordinate their separate permitting

and environmental reviews with the state permitting and reviews

process, shall establish a schedule with prompt and binding

intermediate and ultimate deadlines for the review of, and state

authorization decisions relating to, refinery facility siting and

operation applications.

2. Prior to establishing the schedule, the Executive Director

shall provide an expeditious preapplication process that allows

applicants to confer with the agencies involved and to have each

agency communicate to the prospective applicant within sixty (60)

days:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 329

a. the likelihood of approval for a potential refinery

facility, and

b. key issues of concern for the agencies and the local

community.

3. The Executive Director shall consider the preapplication

findings under paragraph 2 of this subsection when setting the

schedule and shall ensure that once an application has been

submitted with the necessary information, as determined by the

Executive Director, a draft permit shall be completed within six (6)

months or, where circumstances require otherwise, as soon as

thereafter practicable. An applicant may request that the

permitting process be stopped at anytime by agreement with the

Executive Director and Administrator.

4. If a state administrative agency does not complete a

refinery application authorization process in accordance with the

schedule established by the Executive Director pursuant to this

subsection, the applicant may pursue remedies set forth in

subsection F of this section.

C. 1. The RPCA shall address the coordination of all

applicable state and federal actions necessary for complying with

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), if applicable, and shall identify the entity responsible for

preparing any environmental impact statement or any other form of

environmental review that is required.

2. If the United States Environmental Protection Agency

determines an environmental impact statement is required, the

Department of Environmental Quality shall work with the Agency to

prepare a single environmental impact statement, which shall

consolidate the environmental reviews of all state and federal

agencies considering any aspect of the refinery facility covered by

the environmental impact statement.

D. Each state agency considering an aspect of the siting or

operation of a refinery facility in the State of Oklahoma shall

cooperate with the Department of Environmental Quality and comply

with the deadlines established by the Department in the preparation

of an environmental impact statement or such other form of

environmental review that is required.

E. The Department of Environmental Quality shall, with the

cooperation of state and federal administrative agencies and

officials, maintain a complete consolidated record of all decisions

made or actions taken by the Department, by a state administrative

agency or officer acting under delegated federal authority, or by a

federal administrative agency with respect to the siting or

operation of a refinery facility in the state. The record shall be

the exclusive record for any state administrative proceeding that is

an appeal or review of any refinery facility siting or operation

decision made or action taken.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 330

F. If a state agency has denied state authorization required

for a refinery facility in the state, or has failed to act by a

deadline established by the Director pursuant to subsection B of

this section, the applicant may file an appeal with the Secretary of

Energy and Environment or the successor cabinet secretary having

authority over the Department of Environmental Quality. Based on

the record maintained pursuant to subsection E of this section, and

in consultation with the affected state agency, the Secretary may

then either order the immediate issuance of the necessary state

authorization with appropriate conditions, or deny the appeal. The

Secretary shall issue a decision within sixty (60) days after the

filing of the appeal. In making a decision under this subsection,

the Secretary shall adhere to applicable requirements of state and

federal law, including each of the laws referred to in subsection E

of Section 5 of this act. Any judicial appeal of the decision of

the review panel shall be to an Oklahoma court of competent

jurisdiction as allowed under the Constitution of the State of

Oklahoma.
Okla. Stat. tit. 27A, § 27A-2-9-106 — OK Code / Title 27A / Section 27A-2-9-106
Topics of investigations, training and demonstrations
Status: in_force

- Cooperation with other state and federal agencies.

The Department of Environmental Quality shall encourage,

participate in and conduct investigations, training and

demonstrations relating to:

1. The control of electronic product radiation;

2. The detection and measurement of electronic product

radiation;

3. The effects on health of exposure to electronic product

radiation; and

4. Safety and consumer protection in the use of electronic

products.

The Department of Environmental Quality is hereby designated as the

official agency of the State of Oklahoma to cooperate with other

states; the United States Department of Health, Education and

Welfare; and other federal agencies in the administration of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 221

programs relating to the control of electronic product radiation

which may be initiated under federal laws.Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 5
Okla. Stat. tit. 27A, § 27A-2-10-802.1 — OK Code / Title 27A / Section 27A-2-10-802.1
Application of reimbursement remainder to landfill
Status: in_force

closures.

In any fiscal year in which the amount reimbursed under

paragraph 4 of subsection B of Section 2-10-802 of this title for

the costs of purchase and installation of wheel wash systems is less

than Fifty Thousand Dollars ($50,000.00), the Department of

Environmental Quality may apply any or all of the remainder toward

the proper closure of solid waste landfills that meet the following

criteria:

1. The landfill is no longer in operation;

2. The owner or operator of the landfill failed to provide

sufficient financial assurance for proper closure of the landfill;

and

3. The owner or operator of the landfill cannot be identified,

found or, despite all reasonable efforts, cannot be compelled to

properly close the landfill.
Okla. Stat. tit. 27A, § 27A-2-7-102 — OK Code / Title 27A / Section 27A-2-7-102
Hazardous waste - Regulation and control by this act
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 163

Hazardous waste shall be subject to the provisions of the

"Oklahoma Hazardous Waste Management Act" and shall not be subject

to the provisions of the "Oklahoma Solid Waste Management Act".
Okla. Stat. tit. 27A, § 27A-3-5-111 — OK Code / Title 27A / Section 27A-3-5-111
Energy produced from bioenergy feedstocks and
Status: in_force

agricultural harvesting—Carbon neutral and carbon negative

determination.

A. As used in this section:

1. “Biomass” means bioenergy feedstocks from forest products

manufacturing, which may include but not be limited to:

a. forest products’ manufacturing residuals including but

not limited to spent pulping liquors, pulping by-

products, woody manufacturing residuals, paper

recycling residuals, wastewater and process water

treatment plant residuals, and anaerobic digester

biogas,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 384

b. harvest residues, including trees or portions of

harvested trees that are too small or too poor of

quality to be utilized for wood or paper products,

c. downed wood from extreme weather events or natural

disasters, nonhazardous landscape or right-of-way

trimmings and municipal trimmings, and plant material

removed for purposes of invasive or noxious plant

species control,

d. biowaste, including landfill gas,

e. forest biomass derived from residues created as a by-

product of timber harvesting,

f. forest management activities conducted for strand

improvement or to increase yield, ecological

restoration, or to maintain or enhance forest health,

g. biomass materials recognized by the United States

Environmental Protection Agency as fuels under 40 CFR

part 241.4, and

h. other used wood products, such as crates or pallets;

2. “Bagasse biomass” means the solid, heterogeneous, and

fibrous agricultural waste that remains after extracting the liquid

from sugarcane stalks. Such waste may derive from:

a. factory bagasse, obtained from the industrial

extraction process, containing only trace amounts of

sugarcane liquid, or

b. pressed cane stalks or farm bagasse, obtained from on-

farm or small factory extraction, containing

comparatively higher amounts of sugarcane liquid; and

3. “Bioenergy with carbon capture and storage” means the

process of capturing and permanently storing carbon dioxide from

biomass energy generation.

B. Energy produced from bioenergy feedstocks from forest

products manufacturing shall be considered renewable and carbon

neutral. When bioenergy is paired with carbon capture and storage,

as described in paragraph 3 of subsection A of this section, such

energy shall be considered carbon negative.

C. Energy produced from agricultural harvesting, including

bagasse produced from sugarcane processing shall be considered

renewable and carbon neutral. When paired with carbon capture

technologies, as defined in paragraph 3 of subsection A of this

section, such energy shall be considered carbon negative.
Okla. Stat. tit. 27A, § 27A-3-3-117 — OK Code / Title 27A / Section 27A-3-3-117
Financial or general obligation of state -
Status: in_force

Construction of act.

Nothing in this act or in the contract executed pursuant to

Section 3 of this act shall be interpreted or construed to

constitute a financial or general obligation of the state. No state

revenue shall be used to guarantee or pay for any damages to

property or injury to persons as a result of the provisions of this

act or the contract.
Okla. Stat. tit. 27A, § 27A-2-8-204 — OK Code / Title 27A / Section 27A-2-8-204
Study of Oklahoma as low-level radioactive waste
Status: in_force

disposal site.

The Department and the Radiation Management Advisory Council

shall study the procedural and substantive authority, criteria and

physical and technical standards that would be advisable and

necessary for the protection of the health, safety and welfare of

the public and the environment concerning the licensure and

subsequent construction and operation of a low-level radioactive

waste disposal site in this state should Oklahoma be considered as

one of the host states for the region, in accordance with Articles

IV and V of the Central Interstate Low-Level Radioactive Waste

Compact. The Department shall annually submit written findings and

recommendations to the Governor and to the Legislature.
Okla. Stat. tit. 27A, § 27A-1015 — OK Code / Title 27A / Section 27A-1015
Powers of Department relating to POTW - Violations -
Status: in_force

Penalties - Power to halt or prevent discharge.

A. Once a Central Treatment Trust has made the election and

given the notice specified in Section 3 of this act, and entered

into the coordinating agreement with the Department as specified in

paragraph 2 of Section 4 of this act, the Department, in addition to

all of its other authority under state or federal law, shall have

and shall exercise the enforcement powers specified in this section

with respect to the POTW owned and operated by such CTT (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 issue permits to industrial users of the POTW, designed

to:

a. limit and control their contributions of pollutants

and allocate waste loads to the POTW so that the

requirements of the CTT's NPDES permit and Oklahoma

law will be met, and

b. require compliance by the industrial users with

applicable pretreatment standards and requirements;

2. To require compliance by industrial users of the POTW with

applicable pretreatment standards and requirements;

3. To deny or condition new or increased contributions of

pollutants, or changes in the nature of pollutants, by industrial

users to the POTW where such contributions would not meet applicable

pretreatment standards or requirements or where such contributions

would cause a violation of the CTT's NPDES Permit;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 407

4. To require industrial users of the POTW to develop a

compliance schedule for the installation of technology required to

meet applicable pretreatment standards and requirements;

5. To require industrial users of the POTW to submit all

notices and self-monitoring reports as are necessary to assess and

assure compliance with pretreatment standards and requirements and

with conditions and requirements of permits issued by the Department

pursuant to paragraph 1 of this subsection;

6. To require industrial users of the POTW to meet any

provisions of Oklahoma law applicable to the discharge of pollutants

by an industrial user to a POTW;

7. To carry out all inspection, surveillance, sampling and

monitoring procedures necessary to determine, independent of

information supplied by industrial users, compliance or

noncompliance by industrial users of the POTW with applicable

pretreatment standards and requirements. Authorized representatives

of the Department or of the CTT are hereby authorized in order to

carry out the purposes specified above to enter any premises of any

industrial user of the POTW which is contributing pollutants to the

POTW, and in which a discharge source or treatment system is located

or records are required by 40 CFR, Section 403.12 to be kept. The

authority to enter upon the premises of any industrial user of the

POTW granted in this paragraph is intended to, and shall, be as

extensive as the authority provided under Section 308 of the Federal

Clean Water Act; and

8. To promulgate rules reasonably required to implement

paragraphs 1 through 7 of this subsection, and to conduct individual

proceedings and to enter orders to enforce such rules and to enforce

paragraphs 1 through 7 of this subsection.

B. For purposes of promulgating rules, conducting individual

proceedings and issuing orders as provided in this section, the

Department shall be subject to the provisions of the Oklahoma

Administrative Procedures Act, Section 301 et seq. of Title 75 of

the Oklahoma Statutes; provided, that any person adversely affected

by issuance of a rule, permit or order of the Department may, within

thirty (30) days after such rule, permit or order becomes final,

seek judicial review thereof; provided further, that the exclusive

venue for such judicial review shall be the District Court of

Oklahoma County; and provided further, that such judicial reviewOklahoma Statutes - Title 27A. Environment and Natural Resources Page 11the Oklahoma Statutes; provided, that any person adversely affected

by issuance of a rule, permit or order of the Department may, within

thirty (30) days after such rule, permit or order becomes final,

seek judicial review thereof; provided further, that the exclusive

venue for such judicial review shall be the District Court of

Oklahoma County; and provided further, that such judicial review

shall be limited to review of the administrative record compiled

before the Department, and shall be conducted by the court without a

jury.

C. An industrial user of the POTW who violates any provision of

this act or of any rule, permit or order of the Department issued

pursuant to this section shall be subject to a civil penalty of not

more than One Thousand Dollars ($1,000.00) per violation. Any

violation which continues for more than one (1) day shall constitute

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 408

a separate violation for each day of violation. If any such

penalties are not paid within thirty (30) days after

administratively assessed by the Department, the Department shall

bring suit in district court to recover such penalties. Penalties

shall be paid to the Department for the benefit of the CTT.

D. The Department may sue an industrial user of the POTW for

injunctive relief in any instance where an industrial user of the

POTW violates or threatens to violate any provision of this act or

of any rule, permit or order of the Department issued pursuant to

this section. In any such suit, the court shall have jurisdiction

to grant to the Department, without bond or other undertaking, such

prohibitory or mandatory injunctions as the facts may warrant,

including temporary restraining orders, after notice and hearing,

temporary injunctions or permanent injunctions.

E. The Department may sue for both civil penalties and

injunctive relief, as authorized by subsections C and D of this

section, in the same proceeding.

F. The venue of any suit brought by the Department pursuant to

subsections C and D of this section shall be either the District

Court of Oklahoma County, or the district court of the county where

the CTT maintains its administrative offices and the POTW is

located, at the Department's election.

G. In any proceeding by the Department to recover civil

penalties, injunctive relief or both, the prevailing party shall be

allowed to recover reasonable attorney fees, to be set by the court

and taxed and collected as costs.

H. In addition to the remedies provided for in subsections C

and D of this section, the Department shall have the following

additional remedy: The Department shall have the authority (after

informal notice to the affected industrial user) to immediately and

effectively halt or prevent any discharge of pollutants to the POTW

which reasonably appears to present an imminent endangerment of the

health or welfare of persons. The Department shall also have the

authority (which shall include notice to the affected industrial

user and an opportunity to respond) to halt or prevent any discharge

to the POTW which presents or may present an endangerment to the

environment or which threatens to interfere with the operation of

the POTW.

I. Nothing in this act shall directly or indirectly limit or

supersede any jurisdiction of the Department or the United States

Environmental Protection Agency under the Oklahoma Pollutant

Discharge Elimination Act, the Oklahoma Environmental Quality Code,

or any other federal or state statute or regulation.

J. The term "NPDES Permits" as used in this act shall include

any permit, or interim, successor, renewal or substitute permit

issued by the United States Environmental Protection Agency, or by

the State of Oklahoma or an agency thereof in the event the State of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 409

Oklahoma at some future date is authorized to administer the NPDES

program in Oklahoma, pursuant to 33 U.S.C.A., Section 1342.
Okla. Stat. tit. 27A, § 27A-2-11-409 — OK Code / Title 27A / Section 27A-2-11-409
Renumbered as § 2-11-401.6 of this title by Laws
Status: in_force

2005, c. 230, § 13, eff. July 1, 2005.
Okla. Stat. tit. 27A, § 27A-2-11-405 — OK Code / Title 27A / Section 27A-2-11-405
Renumbered as § 2-11-401.4 of this title by Laws
Status: in_force

2005, c. 230, § 11, eff. July 1, 2005.
Okla. Stat. tit. 27A, § 27A-1-1-202 — OK Code / Title 27A / Section 27A-1-1-202
State environmental agencies - Powers, duties and
Status: in_force

responsibilities.

A. Each state environmental agency shall:

1. Be responsible for fully implementing and enforcing the laws

and rules within its jurisdictional areas of environmental

responsibility;

2. Utilize and enforce the Oklahoma Water Quality Standards

established by the Department of Environmental Quality;

3. Seek to strengthen relationships between state, regional,

local and federal environmental planning, development and management

programs;

4. Specifically facilitate cooperation across jurisdictional

lines of authority with other state environmental agencies regarding

programs to resolve environmental concerns;

5. Cooperate with all state environmental agencies, other state

agencies and local or federal governmental entities to protect,

foster, and promote the general welfare, and the environment and

natural resources of this state;

6. Have the authority to engage in environmental and natural

resource information dissemination and education activities within

their respective areas of environmental jurisdiction; and

7. Participate in every hearing conducted by the Department of

Environmental Quality for the consideration, adoption or amendment

of the classification of waters of the state and standards of purity

and quality thereof, and shall have the opportunity to present

written comment to the members of the Environmental Quality Board at

the same time staff recommendations are submitted to those members

for Board review and consideration.

B. 1. In addition to the requirements of subsection A of this

section, each state environmental agency shall have promulgated by

July 1, 2001, a Water Quality Standards Implementation Plan for its

jurisdictional areas of environmental responsibility in compliance

with the Administrative Procedures Act and pursuant to the

provisions of this section. Each agency shall review its plan at

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 15

least every three (3) years thereafter to determine whether

revisions to the plan are necessary.

2. Upon the request of any state environmental agency, the

Department of Environmental Quality shall provide consulting

assistance to such agency in developing a Water Quality Standards

Implementation Plan as required by this subsection.

3. Each Water Quality Standards Implementation Plan shall:

a. describe, generally, the processes, procedures and

methodologies the state environmental agency will

utilize to ensure that programs within its

jurisdictional areas of environmental responsibility

will comply with anti-degradation standards and lead

to:

(1) maintenance of water quality where beneficial

uses are supported,

(2) removal of threats to water quality where

beneficial uses are in danger of not being

supported, and

(3) restoration of water quality where beneficial

uses are not being supported,

b. include the procedures to be utilized in the

application of use support assessment protocols to

make impairment determinations,

c. list and describe programs affecting water quality,

d. include technical information and procedures to be

utilized in implementing the Water Quality Standards

Implementation Plan,

e. describe the method by which the Water Quality

Standards Implementation Plan will be integrated into

the water quality management activities within the

jurisdictional areas of environmental responsibility

of the state environmental agency,

f. detail the manner in which the agency will comply with

mandated statewide requirements affecting water

quality developed by other state environmental

agencies including, but not limited to, total maximum

daily load development, water discharge permit

activities and nonpoint source pollution prevention

programs,

g. include a brief summary of the written comments and

testimony received pursuant to all public meetings

held or sponsored by the state environmental agency

for the purpose of providing the public and other

state environmental agencies an opportunity to comment

on the plan, and

h. describe objective methods and means to evaluate the

effectiveness of activities conducted pursuant to the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 16

Water Quality Standards Implementation Plan to achieve

Oklahoma Water Quality Standards.

C. 1. Each state environmental agency with groundwater

protection authority pursuant to Article III of the Oklahoma

Environmental Quality Act shall be the groundwater protection agency

for activities within its jurisdictional areas of environmental

responsibility.

2. The Department of Environmental Quality shall cooperate with

other state environmental agencies, as appropriate and necessary, in

the protection of such unassigned activities.

3. Groundwater regulatory agencies shall develop groundwater

protection practices to prevent groundwater contamination from

activities within their respective jurisdictional areas of

environmental responsibility.

4. Each groundwater protection agency shall promulgate such

rules, and issue such permits, policies, directives or any other

appropriate requirements, as necessary, to implement the

requirements of this subsection.

5. Groundwater protection agencies shall take such action as

may be necessary to assure that activities within their respective

jurisdictional areas of environmental responsibility protect

groundwater quality to support the uses of the state's water

quality.

6. In addition, each groundwater protection agency with

enforcement authority is hereby authorized to:

a. engage the voluntary cooperation of all persons in the

maintenance and protection of groundwater, and to

advise, consult and cooperate with all persons, all

agencies of the state, universities and colleges, the

federal government or other states, and with

interstate agencies in the furtherance of the purposes

of this subsection, and to this end and for the

purposes of studies, scientific or other

investigations, research, experiments and

demonstrations pertaining thereto, receive and spend

funds as appropriated by the Legislature, and from

such agencies and other officers and persons on behalf

of the state,

b. encourage the formulation and execution of plans to

maintain and protect groundwater by cooperative groups

or associations of municipal corporations, industries,

industrial users and other users of groundwaters of

the state, who, jointly or severally, are or may be

impacting on the maintenance and protection of

groundwater,

c. encourage, participate in or conduct or cause to be

conducted studies, scientific or other investigations,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 17

research, experiments and demonstrations relating to

the maintenance and protection of groundwater, and to

collect data with respect thereto, all as may be

deemed advisable and necessary to carry out the

purposes of this subsection, and to make reports and

recommendations with respect thereto,

d. conduct groundwater sampling, data collection,

analyses and evaluations with sufficient frequency to

ascertain the characteristics and quality of

groundwater and the sufficiency of the groundwater

protection programs established pursuant to this

subsection, and

e. develop a public education and promotion program to

aid and assist in publicizing the need of, and

securing support for, the maintenance and protection

of groundwater.

D. Each state environmental agency and each state agency with

limited environmental responsibilities shall participate in the

information management system developed by the Department of

Environmental Quality, pursuant to Section 1-4-107 of this title,

with such information as the Department shall reasonably request.

E. In each even-numbered year, in cooperation with other state

environmental agencies participating in the monitoring of water

resources, the Department of Environmental Quality shall provide a

report on the status of water quality monitoring to the Legislature

for review.
Okla. Stat. tit. 27A, § 27A-3-3-113 — OK Code / Title 27A / Section 27A-3-3-113
Procedure
Status: in_force

A. The districts shall invite the appropriate counties,

municipalities and special purpose districts or other governmental

units to designate liaison representatives for consultation on each

other's programs and plans for resource conservation. The counties,

municipalities, special purpose districts and other governmental

units are hereby authorized to appoint such liaison representatives

and to participate in the preparation and coordination of local

planning and programming for resource conservation. The districts

shall designate liaison representatives to advise and consult with

such other local agencies.

B. The districts shall consult and cooperate with state,

regional, interstate and federal agencies to promote harmony and the

avoidance of conflict in the programs and plans for resource

conservation developed and carried out by any of them. The

districts, other local agencies and the agencies of the government

of this state shall provide for liaison and consultation among them

for all programs that have direct impact on natural resources,

including plans for public land acquisition and management, schools,

dams and reservoirs, and other water management structures, highway

locations, public utilities and subdivisions. Districts shall hold

similar consultations with public and private agencies planning,

constructing or operating transportation or communication

facilities.

C. State agencies, the districts and other local agencies are

authorized to make available to each other maps, reports and data in

their possession that are useful in the preparation of their

respective programs and plans for resource conservation. The

districts shall keep the state and local agencies fully informed

concerning the status and progress of the preparation of their

resource conservation programs and plans.

D. The districts shall hold public hearings at appropriate

times in connection with the preparation of programs and plans,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 354

shall give careful consideration to the views expressed and problems

revealed in hearings, and shall keep the public informed concerning

their programs, plans and activities. Agencies and individuals

shall be invited to submit proposals for consideration at such

hearings. The districts may supplement such hearings with meetings,

referenda and other suitable means to determine the wishes of

interested parties and the general public in regard to current and

proposed plans and programs of a district. They shall confer with

public and private agencies, individually and in groups, to give and

obtain information and understanding of the impact of district

operations upon agriculture, forestry, water supply and quality,

flood control, particular industries, commercial concerns and other

public and private interests, both rural and urban.
Okla. Stat. tit. 27A, § 27A-3-3-106 — OK Code / Title 27A / Section 27A-3-3-106
Authority to obtain loan or grant
Status: in_force

A conservation district:

1. Shall be authorized to obtain a loan or grant of any funds,

property, equipment or services which any state or federal agency or

local governmental unit may be authorized to lend or grant for any

of the purposes of the Conservation District Act; and

2. May enter into such contract, loan agreement or other

administrative arrangement as may be lawfully required in connection

with any such loan or grant; and in connection with any such loan or

grant may pledge, encumber or obligate any property or income of the

district.
Okla. Stat. tit. 27A, § 27A-2-7-114 — OK Code / Title 27A / Section 27A-2-7-114
New hazardous waste facilities within eight miles of
Status: in_force

corporate limits - Exemptions.

A. Except as provided in subsections B and C of this section,

no permit shall be issued for the off-site disposal of hazardous

waste or for the off-site treatment of hazardous waste by

incinerator at a new hazardous waste facility proposed to be located

within eight (8) miles of the corporate limits of an incorporated

city or town. For the purposes of this section the corporate limits

of an incorporated city or town shall be the corporate limits in

effect on January 1 of the year the application is filed, and a new

hazardous waste facility means a hazardous waste facility that was

not in operation and actively treating hazardous waste by

incineration or disposing of hazardous waste during the year

preceding August 30, 1991. Addition of new treatment, storage or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 179

disposal units to an existing hazardous waste facility does not

constitute a new facility.

B. This section shall not apply to any facility accepting

hazardous waste exclusively for the purpose of conducting treatment

research and design tests.

C. This section shall not apply to a proposed site located on

property owned or operated by a person who also owns or operates a

hazardous waste facility on contiguous property on which a hazardous

waste facility was operating pursuant to a valid permit on August

30, 1991.
Okla. Stat. tit. 27A, § 27A-2-10-1001 — OK Code / Title 27A / Section 27A-2-10-1001
Development of plan - Fees and charges - Acceptance
Status: in_force

and disbursement of funds - Contracts for land, facilities and

vehicles - Operational policies - Personnel - Violations and

penalties - Exempt counties.

A. The board of county commissioners in each county of the

state shall develop a plan, subject to the approval of the

Department of Environmental Quality, to provide a solid waste

management system to handle adequately solid wastes generated or

existing within the boundaries of such county. An application for a

solid waste transfer station to be located in a county with a

population of less than twenty thousand (20,000) based on the 1990

Federal Decennial Census shall not be submitted to the Department

unless it is included in the county plan submitted to the

Department. The application shall be made in accordance with the

permitting requirements in the Oklahoma Solid Waste Management Act.

By agreement or contractual arrangement the board of county

commissioners may assume responsibility for solid wastes generated

within incorporated cities or towns whether within their counties or

other counties. The board of county commissioners of a county may

enter into agreements with other counties, one or more towns or

cities, governmental agencies, with private persons, trusts or with

any combination thereof to provide a solid waste management system

for the county or any portion thereof.

B. The county commissioners shall have the authority to levy

and collect such fees and charges and require such licenses as may

be appropriate to discharge their responsibility for a solid waste

management system or any portion thereof. Such fees, charges and

licenses shall be based on a fee schedule contained in an official

resolution of the board of county commissioners and may be invoiced

and collected by other public or private utility services in the

normal course of their business.

C. The board of county commissioners may accept and disburse

funds derived from federal or state grants or from private sources

or from monies that may be appropriated from the General Revenue

Fund for the installation and operation of a solid waste management

system.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 263

D. The board of county commissioners is authorized to contract

for the lease or purchase of land, facilities and vehicles for the

operation of a solid waste management system either for the county

or as a party to a regional solid waste management district.

E. The board of county commissioners of a county shall have the

right to establish written policies in compliance with the plan

approved by the Department for the operation of a solid waste

management system including hours of operation, amount, character

and kind of waste accepted at the solid waste container sites or any

disposal site, and such other rules as may be necessary for the

safety of the operating personnel, persons using the sites and the

general public.

F. The board of county commissioners of a county is authorized

to hire such persons, including peace officers, as may be necessary

to administer the county solid waste management system, enforce

policies established pursuant to the solid waste plan and issue

citations for violation of the solid waste laws of the State of

Oklahoma.

G. Any person who violates any policy established by the board

of county commissioners for the operation of a solid waste

management system created pursuant to the provisions of this

section, shall be subject to a civil penalty not to exceed Five

Hundred Dollars ($500.00) per day. Each violation shall constitute

a separate offense.

H. The provisions of this section requiring approval of the

Department for plans providing for a solid waste management system,

shall not apply to counties having a solid waste management system

plan in effect on July 1, 1992. For any county having a solid waste

management system plan in effect on July 1, 1992, the countyContracts for land, facilities and vehicles - Operational policies - Personnel - Violations and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 6($500.00) per day. Each violation shall constitute

a separate offense.

H. The provisions of this section requiring approval of the

Department for plans providing for a solid waste management system,

shall not apply to counties having a solid waste management system

plan in effect on July 1, 1992. For any county having a solid waste

management system plan in effect on July 1, 1992, the county

commissioners may charge and collect reasonable service and disposal

fees as necessary for any nonhazardous industrial solid waste

collection and disposal system. In determining reasonable fees for

any nonhazardous industrial solid waste collection and disposal

system, the county may take into account the damage and repair of

access roads, litter control, surveillance, civil defense, and such

other costs and expenditures deemed necessary by the county. Any

person subject to the assessment of such fees who is aggrieved at

the action of the commissioners in determining the amount of such

fees, may appeal the action of the commissioners to the district

court of the county for a review as to the reasonableness of the

fees. The decision of the court shall be final and binding upon the

commissioners, provided that any such order of the commissioners

assessing the fees shall be binding until reversed by the court.
Okla. Stat. tit. 27A, § 27A-2-7-133 — OK Code / Title 27A / Section 27A-2-7-133
Intervention
Status: in_force

The Department shall not oppose intervention by any person when

permissive intervention may be authorized by statute or rule.
Okla. Stat. tit. 27A, § 27A-2-7-403 — OK Code / Title 27A / Section 27A-2-7-403
Licensure and regulation of highway remediation and
Status: in_force

cleanup services and operators.

A. The Department of Environmental Quality shall have the power

and authority to license, supervise, govern and regulate highway

remediation and cleanup services and highway remediation and cleanup

service operators in this state.

B. The Environmental Quality Board is authorized to adopt rules

as necessary to implement the provisions of this act. The rules

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 202

shall state the requirements for facilities, for storage of

vehicles, the records to be kept by operators and liability

insurance and other insurance or bonding requirements in such sums

and with such provisions as the Department deems necessary to

adequately protect the interests of the public. The rules may

address such other matters as the Board deems necessary for the

protection of the public.
Okla. Stat. tit. 27A, § 27A-1-4-114 — OK Code / Title 27A / Section 27A-1-4-114
Audit report privilege - Confidentiality
Status: in_force

A. An audit report is privileged as provided in this section.

B. Except as provided in Sections 6 through 9 of this act, any

part of an audit report is privileged and is not admissible as

evidence or subject to discovery in:

1. A civil action, whether legal or equitable; or

2. An administrative proceeding.

C. A person, when called or subpoenaed as a witness, may not be

compelled to testify or produce a document related to an

environmental or health and safety audit if:

1. The testimony or document discloses any item listed in

Section 4 of this act that was made as part of the preparation of an

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 49

environmental or health and safety audit report and that is

addressed in a privileged part of an audit report; and

2. The person is:

a. a person who conducted any portion of the audit but

did not personally observe the physical events,

b. a person to whom the audit results are disclosed under

Section 6 of this act, or

c. a custodian of the audit results.

D. A person who conducts or participates in the preparation of

an environmental or health and safety audit and who has actually

observed physical events of violation may testify about those events

but may not be compelled to testify about or produce documents

related to the preparation of or any privileged part of an

environmental or health and safety audit or any item listed in

Section 4 of this act.

E. An employee of a state agency may not request, review or

otherwise use an audit report during an agency inspection of a

regulated facility or operation, or an activity of a regulated

facility or operation.

F. A party asserting the privilege described in this section

has the burden of establishing the applicability of the privilege.

G. No audit report or any associated information or records

shall be subject to Section 24A.1 et seq. of Title 51 of the

Oklahoma Statutes. All records collected pursuant to this act shall

be deemed confidential.
Okla. Stat. tit. 27A, § 27A-3-7-112 — OK Code / Title 27A / Section 27A-3-7-112
Watershed-based water quality plan
Status: in_force

A. 1. The Oklahoma Conservation Commission shall undertake a

comprehensive watershed-based water quality plan designed to improve

and protect the water quality and aquatic habitat in the Spring

Creek watershed through the utilization of voluntary, incentive-

based programs.

2. On or before June 1, 2026, the Commission shall publish an

electronic report of the findings. The Commission may, from time to

time, update such findings as conditions change and pertinent

information becomes available.

B. The Commission may contract and cooperate with the Natural

Resources Conservation Service of the United States Department of

Agriculture and the U.S. Environmental Protection Agency to conduct

activities provided for in this section.

C. The Commission may apply for and accept grants, gifts, or

other sources of public and private funds to carry out the purposes

of the Spring Creek Watershed Study Act.
Okla. Stat. tit. 27A, § 27A-2-5-108 — OK Code / Title 27A / Section 27A-2-5-108
Director of Air Quality Program - Powers and duties
Status: in_force

A. A Director of the Air Quality Program shall be appointed and

employed by the Executive Director and shall have the following

duties and powers:

1. Perform those duties and responsibilities as may be assigned

by the Executive Director and as may be required for carrying out

the air pollution program of the Department;

2. Attend, or designate an alternate to attend, all meetings of

the Council and the Panel, but shall not be entitled to a vote;

3. Serve or appoint a designee to serve as secretary to the

Council and serve or appoint a designee to serve as secretary to the

Panel;

B. The Department shall:

1. Make recommendations to the Council with respect to rules

and air pollution prevention and abatement;

2. Investigate citizen complaints, violations of the Oklahoma

Clean Air Act and the rules promulgated thereunder, make

inspections, observations and analyses of air pollution conditions;

and make recommendations to the Council and to the Executive

Director for the issuance of formal complaints and for the

prosecution of such complaints by the Department;

3. Keep a record of all meetings of the Council and the Panel;

and

4. Notify the members of the Council and the Panel of the time,

place and purpose of their respective meetings.
Okla. Stat. tit. 27A, § 27A-3-3-413 — OK Code / Title 27A / Section 27A-3-3-413
Directors' participation in health or dental
Status: in_force

insurance plans.

Directors of a conservation district may elect to participate in

the health or dental insurance plan offered by the conservation

district to its employees as provided for in the State and Education

Employees Group Insurance Act. The conservation district director

shall pay the full cost of the insurance premium for the coverage at

the rate prescribed by and pursuant to the terms and conditions of

the health or dental plan.
Okla. Stat. tit. 27A, § 27A-3-5-109 — OK Code / Title 27A / Section 27A-3-5-109
Class VI Carbon Sequestration Storage Facility
Status: in_force

Revolving Fund — Fee assessments — Reports.

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

fund for the Corporation Commission to be designated the “Class VI

Carbon Sequestration Storage Facility Revolving Fund”. The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of all monies received by the Commission from

fines and fees paid to the Corporation Commission pursuant to

Sections 9 and 10 of this act. All monies accruing to the credit of

the fund are hereby appropriated and may be budgeted and expended by

the Commission for the purpose provided for in this section.

Expenditures from the 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.

B. If a CO sequestration facility or a CO storage unit as a

2 2

part of a CO sequestration facility at any time deposits more than

2

Five Million Dollars ($5,000,000.00) to the fund, the fee

assessments to that facility or unit shall cease until such time as

funds begin to be expended for that facility or unit. The State

Treasurer shall certify to the Corporation Commission the date on

which the balance in the fund for a facility or unit equals or

exceeds Five Million Dollars ($5,000,000.00). On and after the

first day of the second month following the certification, fees

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 383

shall not be collected from such facility or unit; provided, fee

collection shall resume on receipt of a certification by the State

Treasurer that, based on the expenditures and commitments to expend

monies, the fund has fallen below Four Million Dollars

($4,000,000.00) of funds collected from that facility.

C. Expenditures from the fund may be used to:

1. Remediate any issues associated with, arising from, or

related to the site, including remediation of property, site

infrastructure, and any mechanical problems associated with the

remaining wells;

2. Fund research and development in connection with carbon

sequestration technologies and methods;

3. Monitor any remaining surface facilities and wells;

4. Repair any mechanical leaks at the storage facility;

5. Hire outside legal counsel as needed to effectuate the

provisions of this act;

6. Plug remaining injection wells, except for those wells to be

used as observation wells; and

7. Contract for assistance with permit or application review.

D. Not later than November 1 annually, the Corporation

Commission shall furnish an electronic report to the Secretary of

Energy and Environment, the President Pro Tempore of the Senate, and

the Speaker of the House of Representatives. The report shall

address the administration of funds, fund balances, expenditures

made, and any other information deemed necessary by the Corporation

Commission.

E. Not later than November 1, 2030, and every five (5) years

thereafter, the Corporation Commission shall furnish an electronic

report to the President Pro Tempore of the Senate and the Speaker of

the House of Representatives assessing the effectiveness of the fund

and other related provisions within this act. The Corporation

Commission shall provide such other information as may be requested

by the Legislature.
Okla. Stat. tit. 27A, § 27A-2-10-501 — OK Code / Title 27A / Section 27A-2-10-501
Nonhazardous industrial solid waste landfills -
Status: in_force

Permit - Restrictions.

A. The Department of Environmental Quality may issue a permit

for a landfill disposal site, which is not a hazardous waste

facility, which accepts unspecified nonhazardous industrial solid

waste, only under the following circumstances:

1. The landfill is located outside of areas of principal

groundwater resource or recharge areas as determined and mapped by

the Oklahoma Geological Survey or is on a proposed site on property

owned or operated by a person who also owns or operates a hazardous

waste facility or solid waste facility, on or contiguous to property

on which a hazardous waste facility or solid waste facility is

operating pursuant to a permit and the site is designed to meet the

most environmentally protective solid waste rules promulgated by the

Environmental Quality Board and includes a leachate collection

system; or

2. The landfill complies with all siting and public

participation requirements as though the solid waste landfill were a

hazardous waste landfill; or

3. The site is proposed and designed as a nonhazardous

industrial solid waste landfill which will be owned, operated, or

owned and operated by an industry or manufacturer for its exclusive

noncommercial use; or

4. The landfill is owned or operated by a municipality or is a

privately owned landfill which regularly serves one or more

municipalities and which has been accepting nonhazardous industrial

solid waste under approval of the Department.

B. The provisions of this section shall apply to all pending

applications for which final agency action has not been taken,

future permit applications and facilities which are not fully

operational.

C. Except as otherwise provided in subsection A of this

section, the Department shall not allow a solid waste disposal site

to accept any nonhazardous industrial solid waste type unless:

1. Said site is permitted by the Department to accept such

waste type;

2. The landfill is owned or operated by a municipality or is a

privately owned landfill which regularly serves one or more

municipalities and which has been accepting nonhazardous industrial

solid waste under approval of the Department; or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 242

3. The site is proposed, designed, and permitted as a

nonhazardous industrial solid waste monofill.

D. 1. New landfills which accept nonhazardous industrial solid

waste shall not be constructed nor shall such existing landfills be

expanded which are located within a seismic impact zone unless the

applicant demonstrates that all containment structures, including

liners, leachate collection systems, and surface water control

systems, are designed to resist the maximum horizontal acceleration

in lithified earth material for the site.

2. No nonhazardous industrial solid waste landfill shall be

located within five (5) miles of a known epicenter of an earthquake

of more than 4.0 on the Richter Scale or a number V on the modified

Mercalli Scale as recorded by the Oklahoma Geological Survey.

3. Landfill disposal sites that only receive ash generated by

the burning of coal for the purpose of generating electricity by

electric utilities and independent power producers are subject to

paragraph 1 of this subsection. Otherwise, paragraphs 1 and 2 of

this subsection shall not apply to a nonhazardous industrial solid

waste landfill which is owned or operated by:

a. an industry or manufacturer and utilized for such

industry's or manufacturer's exclusive noncommercial

use, or

b. a municipality, or is a privately owned landfill which

regularly serves one or more municipalities, and which

has been accepting nonhazardous industrial solid waste

under approval of the Department.

E. 1. Except as otherwise provided by this subsection, the

Department shall not issue, amend or modify a permit to allow a

solid waste landfill to accept more than one type of nonhazardous

industrial solid waste for disposal unless said landfill is equipped

with a composite liner and a leachate collection system designed and

constructed in compliance with rules promulgated by the Board.

2. Any landfill which is owned, operated, or owned and operated

by an industry or manufacturer and utilized for such industry's or

manufacturer's exclusive noncommercial use may be required to

install a composite liner and a leachate collection system as

determined to be necessary by the Department on a case-by-case

basis.

3. The Department shall not require composite liners and

leachate collection systems for any nonhazardous industrial solid

waste landfill initially licensed by the Department prior to July 1,

1992, which is owned and operated by an industry or manufacturer and

utilized for such industry's or manufacturer's exclusive

noncommercial use.

F. No limitation shall be placed on the percentage of

nonhazardous industrial solid waste that may be accepted for

disposal at solid waste landfills which have a composite liner and a

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 243

leachate collection system designed and constructed in compliance

with rules promulgated by the Board.

G. Solid waste disposal site operators shall submit to the

Department an itemized monthly report of the type, quantity and

source of nonhazardous industrial solid waste accepted the previous

month. Solid waste disposal sites that are owned and operated by an

industry or manufacturer which are utilized for such industry's or

manufacturer's exclusive noncommercial use are not required to

submit monthly reports to the Department but shall maintain in the

operating record information regarding the type and quantity of

nonhazardous industrial waste accepted each month. Information

maintained in the operating record shall be made available to the

Department upon request.

H. 1. Before sending waste identified as nonhazardous

industrial solid waste for disposal in an Oklahoma solid waste

landfill, a certification that the waste is not a hazardous waste as

such term is defined in the Oklahoma Hazardous Waste Management Act

shall be submitted to the Department. Such certification shall be

made by:

a. the original generator,

b. a person who identifies and is under contract with a

generator and whose activities under the contract

cause the waste to be generated,

c. a party to a remediation project under an order of the

Department or under the auspices of the Oklahoma

Energy Resources Board or other agencies of other

states, or

d. a person responding to an environmental emergency.

2. The Department may require the certifier to substantiate the

certification by appropriate means, when it is reasonable to believe

such waste may be hazardous. Such substantiation may include

Material Safety Data Sheets, an explanation of specific technical

process knowledge adequate to identify that the waste is not a

hazardous waste, or laboratory analysis.

I. Any generator seeking to exclude a specific nonhazardous

industrial solid waste, which is also an inert waste, from the

provisions of this section may petition the Department for a

regulatory exclusion. The generator shall demonstrate to the

satisfaction of the Department that the waste is inert and that it

may be properly disposed.

J. Unless otherwise specified in this section, by January 1,

1993, solid waste landfills existing on the effective date of this

section which are required by this section to utilize composite

liners and leachate collection systems and are not doing so shall

cease to accept nonhazardous industrial solid waste.

K. Notwithstanding any other provision of the Oklahoma Solid

Waste Management Act, no solid waste permit shall be required for an

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 244

incineration facility burning nonhazardous solid waste for the

purpose of disposing of the waste if:

1. The incinerator has an air quality permit from the

Department;

2. Storage of waste at the site prior to incineration is

limited to the lesser of twenty (20) tons or the volume reasonably

expected to be incinerated within ten (10) days, considering the

nature of the waste and the manufacturer's approved charge rate for

the incinerator;

3. The waste is stored at a location and managed in a manner

which minimizes the risk of a release, exposure or other incident

which could threaten human health or the environment, including the

storage of liquids within adequate secondary containment;

4. All ashes and residues from the incineration process are

managed in accordance with applicable statutes and rules; and

5. a. The incinerator is owned and operated by a business or

industry for the incineration of its own waste

exclusively, or

b. The waste feed rate of the incinerator does not exceed

five (5) tons per day.
Okla. Stat. tit. 27A, § 27A-2-11-401 — OK Code / Title 27A / Section 27A-2-11-401
Oklahoma Used Tire Recycling Act
Status: in_force

This part shall be known and may be cited as the "Oklahoma Used

Tire Recycling Act".
Okla. Stat. tit. 27A, § 27A-3-2-107 — OK Code / Title 27A / Section 27A-3-2-107
Establishment and maintenance - Reports - List of
Status: in_force

permit approvals.

A. The Conservation Commission may establish and maintain an

environmental and natural resources geographic data base system.

Such system shall include but not be limited to pollution complaints

filed with the state environmental agencies and state agencies with

limited environmental responsibilities, resolutions of complaints

and such other data as funds become available and as may be

desirable and necessary to provide public access to specific site

information.

B. Not more than once each month, each state environmental

agency and state agency with limited environmental responsibilities

shall submit to the Conservation Commission a report listing the

environmental pollution complaints received during the previous

month. The report shall include the name of the complainant, if

known, the address of the complainant, the location involved in the

complaint, the name of the person or company and address thereof

alleged to be responsible for the pollution and how the complaint

was resolved. The report shall be in such form and made in such

manner as is required by the Commission. The report shall be in

writing or may be submitted in electronic data or machine-readable

form at the discretion of the Commission.

C. The Commission shall annually submit a report to the Speaker

of the House of Representatives, the President Pro Tempore of the

Senate, and the Governor containing the total number of pollution

complaints filed, the total number of complaints and type of

complaints addressed by each state environmental agency, the total

number of such complaints resolved, the total number of complaints

remaining to be resolved, the average time frame for resolving such

complaints, and the historical comparison of complaint resolution in

previous years, and any other information which the Commission

believes is pertinent in regard to pollution complaints.

D. The Conservation Commission may recover costs incurred in

duplicating any reports made pursuant to the provisions of this

section.

E. The Department of Environmental Quality shall routinely

provide the Conservation Commission with a list of permit approvals

for inclusion in the Commission's data base.
Okla. Stat. tit. 27A, § 27A-2-11-608 — OK Code / Title 27A / Section 27A-2-11-608
Liability for data on recovered devices
Status: in_force

A. Consumers remain responsible for any data or other

information that may be on a covered device that is collected or

recovered.

B. Manufacturers and retailers shall not be liable for data or

other information that a consumer placed on a covered device that is

collected or recovered.
Okla. Stat. tit. 27A, § 27A-2-6-108 — OK Code / Title 27A / Section 27A-2-6-108
Application of less than 250 gallons of private
Status: in_force

residential gray water - Permitting.

A. The Department of Environmental Quality shall not require a

permit for applying less than two hundred fifty (250) gallons per

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 129

day of private residential gray water originating from a residence

for the household gardening, composting or landscape irrigation of

the resident if:

1. A constructed gray water distribution system provides for

overflow into the sewer system or on-site wastewater treatment and

disposal system;

2. A gray water storage tank is covered to restrict access and

to eliminate habitat for mosquitoes or other vectors;

3. A gray water system is sited outside of a floodway;

4. Gray water is vertically separated at least five (5) feet

above the groundwater table;

5. Gray water pressure piping is clearly identified as a

nonpotable water conduit;

6. Gray water is used on the site where it is generated and

does not run off the property lines;

7. Gray water is applied in a manner that minimizes the

potential for contact with people or domestic pets;

8. Ponding is prohibited, application of gray water is managed

to minimize standing water on the surface and to ensure that the

hydraulic capacity of the soil is not exceeded;

9. Gray water is not sprayed;

10. Gray water is not discharged to a waterway;

11. Gray water use within municipalities or counties complies

with all applicable municipal or county ordinances enacted pursuant

to law; and

12. A gray water storage system which complies with the

provisions of this section may allow for rainwater to be introduced

into the system.

B. For purposes of this section, “gray water” shall be deferred

as provided for in Section 2-6-107 of Title 27A of the Oklahoma

Statutes.
Okla. Stat. tit. 27A, § 27A-2-5-112 — OK Code / Title 27A / Section 27A-2-5-112
Comprehensive permitting program - Issuance, denial
Status: in_force

or renewal.

A. Upon the effective date of permitting rules promulgated

pursuant to the Oklahoma Clean Air Act, it shall be unlawful for any

person to construct any new source, or to modify or operate any new

or existing source of emission of air contaminants except in

compliance with a permit issued by the Department of Environmental

Quality, unless the source has been exempted or deferred or is in

compliance with an applicable deadline for submission of an

application for such permit.

B. The Department shall have the authority and the

responsibility, in accordance with rules of the Environmental

Quality Board, to implement a comprehensive permitting program for

the state consistent with the requirements of the Oklahoma Clean Air

Act. Such authority shall include but shall not be limited to the

authority to:

1. Expeditiously issue, reissue, modify and reopen for cause,

permits for new and existing sources for the emission of air

contaminants, and to grant a reasonable measure of priority to the

processing of applications for new construction or modifications.

The Department may also revoke, suspend, deny, refuse to issue or to

reissue a permit upon a determination that any permittee or

applicant is in violation of any substantive provisions of the

Oklahoma Clean Air Act, or any rule promulgated thereunder or any

permit issued pursuant thereto;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 110

2. Refrain from issuing a permit when issuance has been

objected to by the Environmental Protection Agency in accordance

with Title V of the Federal Clean Air Act;

3. Revise any permit for cause or automatically reopen it to

incorporate newly applicable rules or requirements if the remaining

permit term is greater than three (3) years; or incorporate

insignificant changes into a permit without requiring a revision;

4. Establish and enforce reasonable permit conditions which may

include, but not be limited to:

a. emission limitations for regulated air contaminants,

b. operating procedures when related to emissions,

c. performance standards,

d. provisions relating to entry and inspections, and

e. compliance plans and schedules;

5. Require, if necessary, at the expense of the permittee or

applicant:

a. installation and utilization of continuous monitoring

devices,

b. sampling, testing and monitoring of emissions as

needed to determine compliance,

c. submission of reports and test results, and

d. ambient air modeling and monitoring;

6. Issue:

a. general permits covering similar sources, and

b. permits to sources in violation, when compliance

plans, which shall be enforceable by the Department,

are incorporated into the permit;

7. Require, at a minimum, that emission control devices on

stationary sources be reasonably maintained and properly operated;

8. Require that a permittee certify that the facility is in

compliance with all applicable requirements of the permit and to

promptly report any deviations therefrom to the Department;

9. Issue permits to sources requiring permits under Title V of

the Federal Clean Air Act for a term not to exceed five (5) years,

except that solid waste incinerators may be allowed a term of up to

twelve (12) years provided that the permit shall be reviewed no less

frequently than every five (5) years;

10. Specify requirements and conditions applicable to the

content and submittal of permit applications; set by rule, a

reasonable time in which the Department must determine the

completeness of such applications; and

11. Determine the form and content of emission inventories and

require their submittal by any source or potential source of air

contaminant emissions.

C. Rules of the Board may set limits below which a source of

air contaminants may be exempted from the requirement to obtain a

permit or to pay any fee. Any source so exempted, however, shall

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 111

remain under jurisdiction of the Department and shall be subject to

any applicable rules or general permit requirements. Such rules

shall not prohibit sawmill facilities from open burning any wood

waste resulting from the milling of untreated cottonwood lumber in

areas that have always attained ambient air quality standards.

D. To ensure against unreasonable delay on the part of the

Department, the failure of the Department to act in either the

issuance, denial or renewal of a permit in a reasonable time, as

determined by rule, shall be deemed to be a final permit action

solely for purpose of judicial review under the Administrative

Procedures Act, with regard to the applicant or any person who

participated in the public review process. The Supreme Court or the

district court, as the case may be, may require that action be taken

by the Department on the application without additional delay. No

permit, however, may be issued by default.

E. The Department shall notify, or require that any applicant

notify, all states whose air quality may be affected and that are

contiguous to the State of Oklahoma, or are within fifty (50) miles

of the source of each permit application or proposed permit for

those sources requiring permits under Title V of the Federal Clean

Air Act, and shall provide an opportunity for such states to submit

written recommendations respecting the issuance of the permit and

its terms and conditions.

F. No person, including but not limited to the applicant, shall

raise any reasonably ascertainable issue in any future proceeding,

unless the same issues have been raised and documented before the

close of the public comment period on the draft permit.

G. A change in ownership of any facility or source subject to

permitting requirements under this section shall not necessitate any

action by the Department not otherwise required by the Oklahoma

Clean Air Act. Any permit applicable to such source at the time of

transfer shall be enforceable in its entirety against the transferee

in the same manner as it would have been against the transferor, as

shall any requirement contained in any rule, or compliance schedule

set forth in any variance or order regarding or applicable to such

source. Provided, however, no transferee in good faith shall be

held liable for penalties for violations of the transferor unless

the transferee assumes all assets and liabilities through contract

or other means. For the purposes of this subsection, good faith

shall be construed to mean neither having actual knowledge of a

previous violation nor constructive knowledge which would lead a

reasonable person to know of the violation. It shall be the

responsibility of the transferor to notify the Department in writing

within thirty (30) days of the change in ownership.

H. Operating permits may be issued to new sources without

public review upon a proper determination by the Department that:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 112

1. The construction permit was issued pursuant to the public

review requirements of the Code and rules promulgated thereunder;

and

2. The operating permit, as issued, does not differ from the

construction permit in any manner which would otherwise subject the

permit to public review.
Okla. Stat. tit. 27A, § 27A-2-6-501.5 — OK Code / Title 27A / Section 27A-2-6-501.5
Agricultural use of sludge
Status: in_force

Sludge shall only be used on agricultural land at agronomic

rates, as determined by the Department, provided the application is

performed in accordance with an approved sludge management plan or

permit and the rules promulgated by the Board which shall include,

but shall not be limited to, the following:

1. Annual land application of sludge shall not exceed nitrogen

and phosphorous fertilization rates for the crop grown and shall not

be applied at rates that result in phytotoxicity;

2. Sludge applied to land shall be incorporated into the soil

before the end of each working day;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 158

3. Sludge shall not be applied within two (2) feet of the

highest seasonal water table nor applied to the land within one

hundred (100) feet of a stream or body of water; and

4. Sludge shall not be applied within two hundred fifty (250)

feet of a public or private water supply.
Okla. Stat. tit. 27A, § 27A-2-15-102 — OK Code / Title 27A / Section 27A-2-15-102
Purpose of act—Construction
Status: in_force

A. The Oklahoma Legislature hereby declares that the purpose of

the Oklahoma Brownfields Voluntary Redevelopment Act is to:

1. Provide for the establishment of a voluntary program by the

Department of Environmental Quality;

2. Foster the voluntary redevelopment and reuse of brownfields

by limiting the liability of property owners, lenders, lessees, and

successors and assigns from administrative penalties assessed by the

Department and civil liability with regard to the remedial actions

taken by the participant for environmental contamination caused by

pollution, as required by a consent order, if the remedial action is

not performed in a reckless or negligent manner; and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 316

3. Provide for a risk-based system for all applicable sites

based on the proposed use of the site.

B. The Oklahoma Brownfields Voluntary Redevelopment Act shall

not be construed to authorize or encourage any person or other legal

entity to cause or increase pollution, to avoid compliance with

state and federal laws and regulations concerning pollution or to in

any manner escape responsibility for maintaining environmentally

sound operations.
Okla. Stat. tit. 27A, § 27A-3-2-102 — OK Code / Title 27A / Section 27A-3-2-102
Perpetuation of soil and water conservation
Status: in_force

districts.

All soil and water conservation districts organized on the date

of the adoption of the Conservation District Act are perpetuated and

shall continue to exist as conservation districts under the

Conservation District Act.
Okla. Stat. tit. 27A, § 27A-2-16-101 — OK Code / Title 27A / Section 27A-2-16-101
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma

Refinery Revitalization Act”.
Okla. Stat. tit. 27A, § 27A-2-6-201 — OK Code / Title 27A / Section 27A-2-6-201
Short title - Construction and application
Status: in_force

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

Pollutant Discharge Elimination System Act".

B. Nothing contained in the Oklahoma Pollutant Discharge

Elimination System Act shall expand the authority of the Department

of Environmental Quality beyond jurisdictional areas specified in

the Oklahoma Environmental Quality Act. Agricultural and oil and

gas activities shall not be subject to the Oklahoma Pollutant

Discharge Elimination System Act except as specifically provided in

Section 1-3-101 of this title.
Okla. Stat. tit. 27A, § 27A-2-9-104 — OK Code / Title 27A / Section 27A-2-9-104
Rules
Status: in_force

A. The Board shall have the authority to promulgate rules on

the following: the establishment of standards for safe levels of

protection against radiation; the maintenance and submission of

records; the determination, prevention and control of radiation

hazards; the reporting of radiation accidents; the handling, storage

and registration of sources of radiation; periodic inspections of

facilities using sources of radiation; the review and approval of

plans, and the issuance and revocation of permits and licenses, for

the use of sources of radiation; prior to issuance of any permit,

requirements to post a bond or acceptable alternative financial

assurance guaranteeing proper on-site or off-site storage or

disposal; methods and facilities for disposal of sources of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 220

radiation; constructive uses of radiation, and prevention and

control of its associated harmful effects; and other items deemed

necessary for the protection of the public health and safety in

radiation. Such rules shall be consistent with nationally

recognized standards, which may be included by reference in the

adopted rules.

B. The rules shall not apply to electronic products used for

diagnosis by diagnostic x-ray facilities or 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.
Okla. Stat. tit. 27A, § 27A-2-11-401.4 — OK Code / Title 27A / Section 27A-2-11-401.4
Compensation to facilities - Allocation of Used
Status: in_force

Tire Recycling Indemnity Fund.

A. Compensation to used tire facilities and tire-derived fuel

or TDF facilities pursuant to this section shall be limited to

facilities located in Oklahoma. Compensation for used tire

activities pursuant to this section shall be limited to used tires

from Oklahoma. A used tire recycling facility or tire-derived fuel

or TDF facility may transport and deliver used tires collected from

Oklahoma to an out-of-state used tire recycling facility or TDF

facility but shall not be eligible for compensation from the Used

Tire Recycling Indemnity Fund for those used tires. To be eligible,

applicants for compensation shall be in compliance with the Oklahoma

Used Tire Recycling Act.

B. The monies accruing annually to the Used Tire Recycling

Indemnity Fund shall be allocated first to the Department of

Environmental Quality Revolving Fund, to be used for implementing

applicable requirements related to the control of mobile and area

sources of air emissions, for monitoring and modeling the impacts on

Oklahoma of air pollution from other states, for implementing and

enforcing other applicable air pollution control requirements or for

other environmental programs or projects. The amount of money

allocated for this purpose shall be twenty-four and one-tenth

percent (24.1%) of the funds produced by the two-dollar-and-ninety-

cent per tire fee assessed pursuant to division (1) of subparagraph

a of paragraph 1 of subsection A of Section 2-11-401.2 of this title

and subparagraph b of paragraph 1 of subsection A of Section 2-11-

401.2 of this title; provided, in no event shall the amount

allocated annually exceed the 3-year average of the total fiscal

year amounts allocated in fiscal years 2015, 2016 and 2017 and any

amount in excess of the 3-year average shall be placed to the credit

of the General Revenue Fund. After this allocation is deducted, the

balance of the monies shall be allocated as follows:

1. Two and one-fourth percent (2.25%), not to exceed Twenty

Thousand Dollars ($20,000.00) per month, to the Oklahoma Tax

Commission and five and three-fourths percent (5.75%), not to exceed

Fifty Thousand Dollars ($50,000.00) per month, to the Department of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 276

Environmental Quality for the purpose of administering the

requirements of the Oklahoma Used Tire Recycling Act; provided, in

no event shall either of the amounts allocated annually pursuant to

this paragraph exceed the 3-year average of the total fiscal year

amounts allocated in fiscal years 2015, 2016 and 2017 and any amount

in excess of the 3-year average shall be placed to the credit of the

Used Tire Recycling Indemnity Fund; and

2. An amount not to exceed Fifty Thousand Dollars ($50,000.00)

per audit to the State Auditor and Inspector for the purpose of

conducting audits of the Oklahoma Used Tire Recycling Program

pursuant to Section 2-11-401.6 of this title.

C. After the allocations under subsection B of this section are

made, the balance of monies in the Fund shall be available for

compensation pursuant to the provisions of the Oklahoma Used Tire

Recycling Act as follows:

1. Compensation to used tire facilities for used tire

processing, at the rate of Fifty-four Dollars ($54.00) per ton of

processed tire material. For compensation the following conditions

shall apply:

a. facilities that process used tires by altering the

form of the used tires but do not produce tire-derived

product shall not receive compensation until the

facility documents the sale and movement of the

processed used tire material off-site to a third

party,

b. facilities shall report and certify used tire

processing activity in terms of weight. The facility

shall by sworn affidavit provide to the Department

sufficient information to verify that the facility has

processed used tires and sold processed used tires for

actual recycling or reuse in accordance with the

purposes of the Oklahoma Used Tire Recycling Act, and

c. to be eligible for compensation, a facility shall not

have accumulated more processed material than the

amount for which the facility has provided financial

assurance under its solid waste permit or the amount

accumulated from three (3) years of operation,

whichever is less;

2. a. Compensation to used tire recycling facilities or TDF

facilities at the rate of Fifty-three Dollars ($53.00)

per ton of whole used tires for the collection and

transportation of used tires from Oklahoma tire

dealers, automotive dismantlers and parts recyclers,

solid waste landfill sites, and dumps certified by the

Department priority cleanup list, and delivering the

tires to a used tire recycling facility or TDF

facility. The collection and transportation of used

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 277

tires shall be provided by the used tire recycling

facility or TDF facility at no additional cost to the

tire dealer or automotive dismantler and parts

recycler or to the Fund. The used tire recycling

facility or TDF facility shall collect from any

location at which there are at least three hundred

used tires.

b. Compensation under this paragraph shall not be payable

until the used tires have been actually processed

according to the solid waste permit for the facility

or actually used for energy or fuel recovery. A TDF

facility that collects and transports whole used tires

shall be eligible for compensation under this

paragraph only for those whole used tires consumed by

that facility.

c. No tire dealer shall charge any customer any

additional fee for the management, recycling, or

disposal of any used tire upon which the used tire

recycling fee has been remitted to the Tax Commission.

For customers who choose not to leave a used tire upon

which the used tire recycling fee has been remitted to

the Tax Commission, the tire dealer shall issue a

receipt which entitles the customer to deliver the

used tire to the dealer at a later date.

d. To be eligible for compensation pursuant to this

paragraph, the used tire recycling facility or TDF

facility shall:

(1) demonstrate to the satisfaction of the Department

that the facility is regularly engaged in the

collection, transportation and delivery of used

tires to a used tire recycling facility or to a

TDF facility, on a statewide basis, and from each

county of the state,

(2) provide documentation to the Department, signed

by a dealer at the time of collection, which

certifies remittance of appropriate fees to the

Oklahoma Tax Commission as a participating tire

dealer pursuant to the provisions of the Oklahoma

Used Tire Recycling Act, and

(3) annually demonstrate that at least three to six

percent (3-6%) of the tires were collected from

tire dumps or landfills on the Department

priority cleanup list or community-wide cleanup

events approved by the Department. The

Department is authorized to determine

periodically the applicable percentage within the

specified range set forth in this division based

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 278

on the number of tires remaining in illegal dumps

and available funding.

e. In lieu of proof of remitted tire recycling fees, the

used tire recycling facility or TDF facility shall

accept proof of purchase of a salvage vehicle

registered in Oklahoma by an automotive dismantler and

parts recycler, licensed pursuant to the Automotive

Dismantlers and Parts Recycler Act, for the collection

and transportation of up to five used tires per

salvage vehicle purchased on or after January 1, 1996;

3. a. Compensation to a unit of local or county government

that submits to the Department for approval a plan for

the use of baled used tires in an engineering project.

Compensation shall be at the rate of fifty cents

($0.50) per tire.

b. The plan shall be approved by the Department before

construction of the project begins.

c. Any unit of local or county government baling used

tires shall not accumulate more than fifty used tire

bales prior to beginning construction of an approved

project.

d. Used tires baled pursuant to this paragraph cannot be

obtained from tire manufacturers, retailers,

wholesalers, retreaders, or automotive dismantlers and

parts recyclers.

e. Any unit of local or county government authorized to

receive reimbursement for the use of baled used tires

in an engineering project shall report and certify

whole used tires by number. The governmental unit

shall by sworn affidavit provide sufficient

information to the Department to verify that the unit

has utilized the tires in accordance with the purposes

of the Oklahoma Used Tire Recycling Act; and

4. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants under this subsection according to

the percentage of used tires processed, collected and transported,

or utilized.

D. 1. After the allocations under subsections B and C of this

section are made, any remaining monies in the Fund shall be

available for TDF facilities and used tire recycling facilities that

produce tire-derived product for compensation at the rate of Twenty-

nine Dollars ($29.00) per ton of processed or used tires utilized

for energy or fuel recovery or the production of tire-derived

product.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 279

2. The production of tire-derived product shall be considered a

compensable event separate from and in addition to any compensation

for used tire processing under subsection C of this section.

3. TDF facilities and used tire recycling facilities authorized

to receive reimbursement under this subsection shall report and

certify tire material used by weight.

4. The facilities shall by sworn affidavit provide to the

Department sufficient information to verify that the facility has

used the tires in accordance with the purposes of the Oklahoma Used

Tire Recycling Act.

5. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants according to the percentage of used

tires intended for energy or fuel recovery or the production of

tire-derived product.

E. 1. After the allocations under subsections B, C and D of

this section are made, any remaining monies in the Fund shall be

available for capital investment reimbursement to used tire

facilities and TDF facilities for the purchase of equipment

necessary to utilize used tires. Only equipment purchased on or

after January 1, 1995, shall be eligible. The facilities are

eligible for compensation at a rate of Twenty Dollars ($20.00) per

ton of used tires used. Total reimbursement shall not exceed one

hundred percent (100%) of the capital investment in eligible

equipment. The facilities may apply for compensation monthly to the

Department of Environmental Quality and shall supply any information

required by the Department.

2. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants.

F. Subject to subsection G of this section, after the

allocations under subsections B, C, D and E of this section are

made, any remaining monies in the Fund, excluding monies collected

pursuant to paragraphs 3 and 4 of subsection B of Section 2-11-401.2

of this title, shall be disbursed as follows:

1. Additional compensation to used tire recycling facilities or

TDF facilities for the remediation of dumps certified by the

Department and delivering the tires to a used tire recycling

facility or a TDF facility. The Department shall determine

additional compensation made to qualified applicants under this

subsection based on cleanup feasibility of the dump. The Board

shall promulgate rules establishing unit costs for compensation

based on the remediation feasibility of the tire dumps. The

Department may solicit bids for the remediation of tire dumps if no

used tire recycling facilities or TDF facilities agree to remediate

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 280

a priority tire dump authorized by the Department or if the

Department determines the qualified applicant has not remediated the

tires in the tire dump to meet reference conditions of comparable

property in the immediate area; and

2. Reimbursement to the Department of Environmental Quality for

necessary costs associated with remediation or other necessary

actions at sites at which used tires or other wastes incidental to

the used tires present a threat to human health or environment, or

for projects to increase market demand for products made from

Oklahoma used tires. The Solid Waste Management Advisory Council

shall recommend and the Environmental Quality Board shall adopt

rules governing the types of market development projects that may

qualify for reimbursement. To the extent possible, the rules shall

favor and the Department shall prioritize projects with the greatest

potential to benefit schools, communities and local governments.

Upon its receipt of documentation from the Department showing

expenditures relating to the remediation of such sites or market

development projects, the Tax Commission shall reimburse the

Department for its documented expenditures.

G. Accrued funding for the purposes specified in subsection F

of this section shall not exceed Five Hundred Thousand Dollars

($500,000.00). Once Five Hundred Thousand Dollars ($500,000.00) is

reached, any additional funds shall be distributed as additional

compensation under paragraph 1 of subsection C of this section.

H. 1. Used tire recycling facilities and TDF facilities that

collect, transport and process tires used on implements of husbandry

and agricultural equipment that are greater than thirty (30) inches

in total diameter and less than or equal to forty-four (44) inches

in total diameter shall be eligible for compensation at a rate of

Eight Dollars ($8.00) per tire.

a. Collection, transportation and processing of tires

under this paragraph shall be considered a compensable

event separate from and in addition to any

compensation under subsection C of this section.

b. Used tire recycling facilities and TDF facilities

authorized to receive reimbursement under this

paragraph shall report and certify the number of tires

collected and transported.

2. Used tire recycling facilities and TDF facilities that

collect, transport and process tires used on implements of husbandry

and agricultural equipment that are greater than forty-four (44)

inches in total diameter and less than or equal to seventy-two (72)

inches in total diameter and not more than thirty (30) inches wide,

shall be eligible for compensation at the rate of Sixteen Dollars

($16.00) per tire.

a. Collection, transportation and processing of tires

under this paragraph shall be considered a compensable

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 281

event separate from and in addition to any

compensation under subsection C of this section.

b. Used tire recycling facilities and TDF facilities

authorized to receive reimbursement under this

paragraph shall report and certify the number of tires

collected and transported.

I. Used tire recycling facilities, TDF facilities, or persons,

corporations or other legal entities authorized by the provisions of

the Oklahoma Used Tire Recycling Act to receive reimbursement shall

demonstrate that the facilities or legal entities have successfully

complied with the requirements of the Oklahoma Used Tire Recycling

Act through the filing of appropriate applications, reports, and

other documentation that may be required by the Tax Commission and

the Department.
Okla. Stat. tit. 27A, § 27A-2-7-125 — OK Code / Title 27A / Section 27A-2-7-125
Hazardous waste manifest
Status: in_force

A. Persons generating hazardous waste shall provide a manifest

to the operator of any mode of any off-site transportation carrying

hazardous waste. Such manifest shall be in a form which has been

prescribed by the Department of Environmental Quality. The manifest

shall also set forth the type, amount, approximate content, origin

and destination of the waste. Such operator shall have the manifest

in his or her possession while transporting or handling the

hazardous waste. Upon delivery of the hazardous waste to a facility

duly authorized to accept such waste, the operator shall submit such

manifest to the receiving person for processing pursuant to rules

promulgated by the Board.

B. No person shall transport, receive, treat or dispose of

hazardous waste without having the manifest in his or her

possession.
Okla. Stat. tit. 27A, § 27A-1003 — OK Code / Title 27A / Section 27A-1003
Renumbered as § 2-6-203 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-7-101 — OK Code / Title 27A / Section 27A-2-7-101
Short title
Status: in_force

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

Hazardous Waste Management Act".
Okla. Stat. tit. 27A, § 27A-2-8-102 — OK Code / Title 27A / Section 27A-2-8-102
Central Interstate Low-Level Radioactive Waste
Status: in_force

Compact - Enactment.

The Central Interstate Low-Level Radioactive Waste Compact is

hereby enacted into law and entered into by the State of Oklahoma

with all other states legally joining therein in accordance with its

terms, in the form substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that each state is responsible for

the management of its nonfederal low-level radioactive wastes. They

also recognize that the Congress, by enacting the Low-Level

Radioactive Waste Policy Act, 42 U.S.C., Sections 2121b to 2121d,

has authorized and encouraged states to enter into compacts for the

efficient management of wastes. It is the policy of the party

states to cooperate in the protection of the health, safety and

welfare of their citizens and the environment and to provide for and

encourage the economical management of low-level radioactive wastes.

It is the purpose of this compact to provide the framework for such

a cooperative effort; to promote the health, safety and welfare of

the citizens and the environment of the region; to limit the number

of facilities needed to effectively and efficiently manage low-level

radioactive wastes and to encourage the reduction of the generation

thereof; and to distribute the costs, benefits and obligations among

the party states. It is the policy of the party states that

activities conducted by the Commission are the formation of public

policies and are therefore public business.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

A. "Commission" means the Central Interstate Low-Level

Radioactive Waste Compact Commission;

B. "Decommissioning" means the measure taken at the end of a

facility's operating life to assure the continued protection of the

public from any residual radioactivity or other potential hazards

present at the facility;

C. "Disposal" means the isolation and final disposition of

waste;

D. "Extended care" means the continued observation of a

facility after closure for the purpose of detecting a need for

maintenance, ensuring environmental safety, and determining

compliance with applicable licensure and regulatory requirements and

includes undertaking any action or cleanup necessary to protect

public health and the environment;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 205

E. "Facility" means any site, location, structure or property

used or to be used for the management of waste;

F. "Generator" means any person who, in the course of or as an

incident to manufacturing, power generation, processing, medical

diagnosis and treatment, biomedical research, other industrial or

commercial activity, other research or mining in a party state,

produces or processes waste. "Generator" does not include any

person who receives waste generated outside the region for

subsequent shipment to a regional facility;

G. "Host state" means any party state in which a regional

facility is situated or is being developed;

H. "Institutional control" means those activities carried out

by the host state to physically control access to the disposal site

following transfer of the license to the owner of the disposal site.

These activities include, but are not limited to, environmental

monitoring, periodic surveillance, minor custodial care, and other

necessary activities at the site as determined by the host state and

administration of funds to cover the costs of these activities. The

period of institutional control will be determined by the host state

but may not be less than one hundred (100) years following transfer

of the license to the owner of the disposal site;

I. "Low-level radioactive waste" or "waste" means, as defined

in the Low-Level Radioactive Waste Policy Act (Public Law 96-573),

radioactive waste not classified as: High-level radioactive waste,

transuranic waste, spent nuclear fuel, or byproduct material as

defined in Section 11 e.2 of the Atomic Energy Act of 1954, U.S.C.

Section 2014, as amended through 1978;

J. "Management of waste" means the storage, treatment or

disposal of waste;

K. "Notification of each party state" means transmittal of

written notice to the Governor, presiding officer of each

legislative body and any other persons designated by the party

state's Commission member to receive such notice;

L. "Party state" means any state which is a signatory party to

this compact;

M. "Person" means any individual, corporation, business

enterprise or other legal entity, either public or private;

N. "Region" means the area of the party states;

O. "Regional facility" means a facility which is located within

the region and which has been approved by the Commission for the

benefit of the party states;

P. "Site" means any property which is owned or leased by a

generator and is contiguous to or divided only by a public or

private way from the source of generation;

Q. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands

or any other territorial possession of the United States;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 206

R. "Storage" means the holding of waste for treatment or

disposal; and

S. "Treatment" means any method, technique or process,

including storage for radioactive decay, designed to change the

physical, chemical or biological characteristics or composition of

any waste in order to render such waste safer for transport or

management, amenable for recovery, convertible to another usable

material or reduced in volume.

ARTICLE III. RIGHTS AND OBLIGATIONS

A. There shall be provided within the region one or more

regional facilities which together provide sufficient capacity to

manage all wastes generated within the region. It shall be the duty

of regional facilities to accept compatible wastes generated in and

from party states, and meeting the requirements of the Central

Interstate Low-level Radioactive Waste Compact, and each party state

shall have the right to have the wastes generated within its borders

managed at such facility.

B. To the extent authorized by federal law and host state law,

a host state shall regulate and license any regional facility within

its borders and ensure the extended care of such facility.

C. Rates shall be charged to any user of the regional facility,

set by the operator of a regional facility and shall be fair and

reasonable and be subject to the approval of the host state. Such

approval shall be based upon criteria established by the Commission.

D. A host state may establish fees which shall be charged to

any user of a regional facility and which shall be in addition to

the rates approved pursuant to subsection C of Article III of the

compact, for any regional facility within its borders. Any fees

proposed by the host state shall be subject to a one hundred twenty-

day prior notice to the Commission with an opportunity to provide

comments to the host state. Such fees shall be fair and reasonable,

and shall provide the host state with sufficient revenue to cover

all anticipated present and future costs associated with any

regional facility and a reasonable reserve for future contingencies

which are not covered by rates established in subsection C of

Article III of the compact including, but not limited to:

1. The licensure, operation, monitoring, inspection,

maintenance, decommissioning, closure, institutional control, and

extended care of a regional facility;

2. Response, removal, or remedial action or cleanup deemed

appropriate and required by the host state as a result of a release

of radioactive or hazardous materials from such regional facility;

3. Premiums for property and third party liability insurance;

4. Protection of the public health and safety and the

environment;

5. Compensation and incentives to the host community;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 207

6. Any amount due from a judgment or settlement involving a

property or third party liability claim for medical expenses and all

other damages incurred as a result of personal injury or death and

damages or losses to real or personal property or the environment;

and

7. The cost of defending or pursuing liability claims against

any party or state.

The fees established pursuant to subsection D of Article III of

the compact may include incentives for source and volume reduction

and may be based on the hazard of the waste. Notwithstanding

anything to the contrary in the compact, or in any state

constitution, statute, or regulation, to the extent that such fees

are insufficient to pay for any costs associated with a regional

facility, including all costs under subsection D of Article III of

the compact, all party states and any other state or states whose

generators use the regional facility, shall share liability for all

such costs. However, there shall be no recovery from the states

under subsection D of this article until all available funds,

payments, or in-kind services have been exhausted including:

a. designated low-level radioactive waste funds managed

by the host state,

b. payable proceeds of insurance or surety policies

applicable to a regional facility,

c. proceeds of reasonable collection efforts against the

regional facility operator or operators, and

d. payments from in-kind services by generators.

In the event any regional facility operator files or has filed

against it a bankruptcy proceeding, then for purposes of determining

whether or not reasonable collection efforts have been undertaken,

the filing of such proceedings, if not dismissed within sixty (60)

days of filing, shall be considered exhaustion of reasonable

collection efforts with respect to such party. Recovery from the

states under subsection D of Article III of the compact upon

satisfaction of the exhaustion of available funds, payments, or in-

kind services shall not preclude any state from further recovery of

its costs from a facility operator, insurer or generator. During

the period of time that such reasonable collection efforts or

exhaustion of available funds, payments, or in-kind services occur,

any applicable statutes of limitation with respect to claims against

any other parties or states will be deemed tolled and will not run.

All costs or liabilities shared by a state will be shared

proportionately by comparing the volume of the waste received at a

regional facility from the generators of each state with the total

volume of the waste received at a regional facility from all

generators.

E. To the extent authorized by federal law, each party state is

responsible for enforcing any applicable federal and state laws and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 208

regulations pertaining to the packaging and transportation of waste

generated within or passing through its borders and shall adopt

practices that will ensure that waste shipments originating within

its borders and destined for a regional facility will conform to

applicable packaging and transportation laws and regulations.

F. Each party state has the right to rely on the good faith

performance of each other party state.

G. Unless authorized by the Commission, it shall be unlawful

after January 1, 1986, for any person:

1. To deposit at a regional facility, waste not generated

within the region;

2. To accept, at a regional facility, waste not generated

within the region;

3. To export from the region, waste which is generated within

the region; and

4. To transport waste from the site at which it is generated

except to a regional facility.

ARTICLE IV. THE COMMISSION

A. There is hereby established the Central Interstate Low-Level

Radioactive Waste Compact Commission. The Commission shall consist

of one voting member from each party state, except that each host

state shall have two at-large voting members and one nonvoting

member from the county in which the facility is located. All

members shall be appointed according to the laws of each state. The

appointing authority of each party state shall notify the Commission

in writing of the identity of its member and any alternates. An

alternate may act on behalf of the member only in the absence of

such member. Each state is responsible for the expenses of its

member of the Commission.

B. Except for the nonvoting member, each Commission member

shall be entitled to one vote. Unless otherwise provided herein, no

action of the Commission shall be binding unless a majority of the

total membership casts its vote in the affirmative.

C. The Commission shall elect from among its membership a

chairman. The Commission shall adopt and publish, in convenient

form, bylaws and policies which are not inconsistent with this

compact.

D. The Commission shall meet at least once a year and shall

also meet upon the call of the chairman, by petition of a majority

of the membership or upon the call of a host state member. All

meetings of the Commission shall be open to the public with

reasonable advance publicized notice given, and such meetings shall

be subject to those exceptions provided for within the open meetings

laws of the host state. The Commission shall adopt bylaws that are

consistent in scope and principle with the open meetings laws of the

host state, or if there is no host state, the open meetings law of

the state in which the Commission headquarters is located.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 209

E. The Commission may initiate any proceedings or appear as an

intervenor or party in interest before any court of law, or any

federal, state or local agency, board or commission that has

jurisdiction over any matter arising under or relating to the terms

and provisions of this compact. The Commission shall determine in

which proceedings it shall intervene or otherwise appear and may

arrange for such expert testimony, reports, evidence or other

participation in such proceedings as may be necessary to represent

its views.

F. The Commission may establish such committees as it deems

necessary for the purpose of advising the Commission on any and all

matters pertaining to the management of waste.

G. The Commission may employ and compensate a staff limited

only to those persons necessary to carry out its duties and

functions. The Commission may also contract with and designate any

person to perform necessary functions to assist the Commission.

Unless otherwise required by acceptance of a federal grant the staff

shall serve at the Commission's pleasure irrespective of the civil

service, personnel or other merit laws of any of the party states or

the federal government and shall be compensated from funds of the

Commission.

H. Funding for the Commission shall be as follows:

1. The Commission shall set and approve its first annual budget

as soon as practicable after its initial meeting. Party states

shall equally contribute to the Commission budget on an annual

basis, an amount not to exceed Twenty-five Thousand Dollars

($25,000.00) until surcharges are available for that purpose. Host

states shall begin imposition of the surcharges provided for in this

subsection as soon as practicable and shall remit to the Commission

funds resulting from collection of such surcharges within sixty (60)

days of their receipt; and

2. Each state hosting a regional facility shall annually levy

surcharges on all users of such facilities, based on the volume and

characteristics of wastes received at such facilities, the total of

which:

a. shall be sufficient to cover the annual budget of the

Commission, and

b. shall be paid to the Commission, provided, however,

that each host state collecting such surcharges may

retain a portion of the collection sufficient to cover

the administrative costs of collection, and that the

remainder be sufficient only to cover the approved

annual budget of the Commission.

I. The Commission shall keep accurate accounts of all receipts

and disbursements. A licensed public accountant or a certified

public accountant shall annually audit all receipts and

disbursements of Commission funds and submit an audit report to the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 210

Commission. Such audit report shall be made a part of the annual

report of the Commission required by Article IV of the compact.

J. The Commission may accept for any of its purposes and

functions any and all donations, grants of money, equipment,

supplies, materials and services, conditional or otherwise from any

person and may receive, utilize and dispose of same. The nature,

amount and conditions, if any, attendant upon any donation or grant

accepted pursuant to this subsection, together with the identity of

the donor, grantor or lender, shall be detailed in the annual report

of the Commission.

K. 1. Except as otherwise provided herein, nothing in this

compact shall be construed to alter the incidence of liability of

any kind for any act, omission, course of conduct, or on account of

any causal or other relationships. Generators, transporters of

waste, owners and operators of facilities shall be liable for their

acts, omissions, conduct or relationships in accordance with all

laws relating thereto; and

2. The Commission herein established is a legal entity separate

and distinct from the party states and shall be so liable for its

actions. Liabilities of the Commission shall not be deemed

liabilities of the party states. Members of the Commission shall

not be personally liable for actions taken by them in their official

capacity.

L. Any person or party state aggrieved by a final decision of

the Commission may obtain judicial review of such decisions in the

United States District Court in the district wherein the Commission

maintains its headquarters by filing in such court a petition for

review within sixty (60) days after the Commission's final decision.

Proceedings thereafter shall be in accordance with the rules of

procedure applicable in such court.

M. The Commission shall:

1. Receive and approve the application of a nonparty state to

become a party state in accordance with Article VII of the compact;

2. Submit an annual report to, and otherwise communicate with,

the Governors and the presiding officers of the legislative bodies

of the party states regarding the activities of the Commission;

3. Hear and negotiate disputes which may arise between the

party states regarding this compact;

4. Require of and obtain from the party states, and nonparty

states seeking to become party states, data and information

necessary to the implementation of Commission and party states'

responsibilities;

5. Approve the development and operation of regional facilities

in accordance with Article V of the compact;

6. Notwithstanding any other provision of this compact, have

the authority to enter into agreements with any person for the

importation of waste into the region and for the right of access to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 211

facilities outside the region for waste generated within the region.

Such authorization to import or export waste requires the approval

of the Commission, including the affirmative vote of any host state

which may be affected;

7. Revoke the membership of a party state in accordance with

Articles V and VII of the compact;

8. Require all party states and other persons to perform their

duties and obligations arising under this compact by an appropriate

action in any forum designated in subsection E of Article IV of the

compact; and

9. Take such other action as may be necessary to perform its

duties and functions as provided in this compact.

N. All files, records, and data of the Commission shall be open

to reasonable public inspection, regardless of physical form,

subject to those exceptions listed within the public records laws of

the host state. The Commission shall adopt bylaws relating to the

availability of files, records, and data of the Commission that are

consistent in scope and principle with the public records laws of

the host state, or if there is no host state, the public records

laws of the state in which the Commission headquarters is located.

O. All decisions of the Commission regarding public meetings

and public records issues shall be reviewable solely in a United

States District Court of a host state, or if there is no host state,

then in the state in which the Commission headquarters is located.

ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES

A. Following the collection of sufficient data and information

from the states, the Commission shall allow each party state the

opportunity to volunteer as a host for a regional facility.

B. If no state volunteers or if no proposal identified by a

volunteer state is deemed acceptable by the Commission, based on the

criteria in subsection C of Article V of the compact, then the

Commission shall publicly seek applicants for the development and

operation of regional facilities.

C. The Commission shall review and consider each applicant's

proposal based upon the following criteria:

1. The capability of the applicant to obtain a license from the

applicable authority;

2. The economic efficiency of each proposed regional facility,

including the total estimated disposal and treatment costs per cubic

foot of waste;

3. Financial assurances;

4. Accessibility to all party states; and

5. Such other criteria as shall be determined by the Commission

to be necessary for the selection of the best proposal, based on the

health, safety and welfare of the citizens in the region and the

party states.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 212

D. The Commission shall make a preliminary selection of the

proposal or proposals considered most likely to meet the criteria

enumerated in subsection C of Article V of the compact and the needs

of the region.

E. Following notification of each party state of the results of

the preliminary selection process, the Commission shall:

1. Authorize any person whose proposal has been selected to

pursue licensure of the regional facility or facilities in

accordance with the proposal originally submitted to the Commission

or as modified with the approval of the Commission; and

2. Require the appropriate state or states or the U.S. Nuclear

Regulatory Commission to process all applications for permits and

licenses required for the development and operation of any regional

facility or facilities within a reasonable period from the time that

a completed application is submitted.

F. The preliminary selection or selections made by the

Commission pursuant to Article V of the compact shall become final

and receive the Commission's approval as a regional facility upon

the issuance of a license by the licensing authority. If a proposed

regional facility fails to become licensed, the Commission shall

make another selection pursuant to the procedures identified in

Article V of the compact.

G. The Commission may by a two-thirds affirmative vote of its

membership, revoke the membership of any party state which, after

notice and hearing shall be found to have arbitrarily or

capriciously denied or delayed the issuance of a license or permit

to any person authorized by the Commission to apply for such license

or permit. Revocation shall be in the same manner as provided for

in subsection E of Article VII of the compact.

ARTICLE VI. OTHER LAWS AND REGULATIONS

A. Nothing in this compact shall be construed to:

1. Abrogate or limit the applicability of any act of Congress

or diminish or otherwise impair the jurisdiction of any federal

agency expressly conferred thereon by the Congress;

2. Prevent the application of any law which is not otherwise

inconsistent with this compact;

3. Prohibit or otherwise restrict the management of waste on

the site where it is generated if such is otherwise lawful;

4. Affect any judicial or administrative proceeding pending on

the effective date of this compact;

5. Alter the relations between, and the respective internal

responsibilities of, the government of a party state and its

subdivisions; and

6. Affect the generation or management of waste generated by

the federal government or federal research and development

activities.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 213

B. No party state shall pass or enforce any law or regulation

which is inconsistent with this compact.

C. All laws and regulations or parts thereof of any party state

which are inconsistent with this compact are hereby declared null

and void for purposes of this compact. Any legal right, obligation,

violation or penalty arising under such laws or regulations prior to

enactment of this compact shall not be affected.

D. No law or regulation of a party state or of any subdivision

or instrumentality thereof may be applied so as to restrict or make

more costly or inconvenient access to any regional facility by the

generators of another party state than for the generators of the

state where the facility is situated.

ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,

ENTRY INTO FORCE, TERMINATION

A. This compact shall have as initially eligible parties the

states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri,

Nebraska, North Dakota, Oklahoma and South Dakota.

B. Any state may petition the Commission for eligibility. A

petitioning state shall become eligible for membership in the

compact upon the unanimous approval of the Commission.

C. An eligible state shall become a member of the compact and

shall be bound by it after such state has enacted the compact into

law. In no event shall the compact take effect in any state until

it has been entered into force as provided for in subsection F of

Article VII of the compact.

D. Any party state may withdraw from this compact by enacting a

statute repealing the same. Unless permitted earlier by unanimous

approval of the Commission, such withdrawal shall take effect five

(5) years after the Governor of the withdrawing state has given

notice in writing of such withdrawal to each Governor of the party

states. No withdrawal shall affect any liability already incurred

by or chargeable to a party state prior to the time of such

withdrawal.

E. Any party state which fails to comply with the terms of this

compact or fulfill its obligations hereunder may, after notice and

hearing, have its privileges suspended or its membership in the

compact revoked by the Commission. Revocation shall take effect one

(1) year from the date such party state receives written notice from

the Commission of its action. The Commission may require such party

state to pay to the Commission, for a period not to exceed five (5)

years from the date of notice of revocation, an amount determined by

the Commission based on the anticipated fees which the generators of

such party state would have paid to each regional facility and an

amount equal to that which such party state would have contributed

in accordance with subsection D of Article III of the compact, in

the event of insufficient revenues. The Commission shall use such

funds to ensure the continued availability of safe and economical

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 214

waste management facilities for all remaining party states. Such

state shall also pay an amount equal to that which such party state

would have contributed to the annual budget of the Commission if

such party state would have remained a member of the compact. All

legal rights established under this compact of any party state which

has its membership revoked shall cease upon the effective date of

revocation; however, any legal obligations of such party state

arising prior to the effective date of revocation shall not cease

until they have been fulfilled. Written notice of revocation of any

state's membership in the compact shall be transmitted immediately

following the vote of the Commission, by the chairman, to the

Governor of the affected party state, all other Governors of the

party states and the Congress of the United States.

F. This compact shall become effective after enactment by at

least three eligible states and after consent has been given to it

by the Congress. The Congress shall have the opportunity to

withdraw such consent every five (5) years. Failure of the Congress

to withdraw its consent affirmatively shall have the effect of

renewing consent for an additional five-year period. The consent

given to this compact by the Congress shall extend to any future

admittance of new party states under subsections B and C of Article

VII of the compact and to the power to ban the exportation of waste

pursuant to Article III of the compact.

G. The withdrawal of a party state from this compact under

subsection D of Article VII of the compact or the revocation of a

state's membership in this compact under subsection E of Article VII

of the compact shall not affect the applicability of this compact to

the remaining party states.

H. This compact shall be terminated when all party states have

withdrawn pursuant to subsection D of Article VII of the compact.

ARTICLE VIII. PENALTIES

A. Each party state, consistent with its own law, shall

prescribe and enforce penalties against any person for violation of

any provision of this compact.

B. Each party state acknowledges that the receipt by a regional

facility of waste packaged or transported in violation of applicable

laws and regulations can result in sanctions which may include

suspension or revocation of the violator's right of access to the

regional facility.

ARTICLE IX. SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable and if any

phrase, clause, sentence or provision of this compact is declared by

a court of competent jurisdiction to be contrary to the Constitution

of any participating state or of the United States or the

applicability thereof to any government, agency, person or

circumstance is held invalid, the validity of the remainder of this

compact and the applicability thereof to any government, agency,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 215

person or circumstance shall not be affected thereby. If any

provision of this compact shall be held contrary to the Constitution

of any state participating therein, the compact shall remain in full

force and effect as to the state affected as to all severable

matters. The provisions of this compact shall be liberally

construed to give effect to the purpose thereof.
Okla. Stat. tit. 27A, § 27A-2-11-401.1 — OK Code / Title 27A / Section 27A-2-11-401.1
Definitions
Status: in_force

As used in the Oklahoma Used Tire Recycling Act:

1. "ASTM" means the American Society for Testing and Materials;

2. "Automobile" means every motor vehicle of the type

constructed and used for the transportation of ten persons or less,

including the driver, or used for the transportation of property.

Provided, however, that the automobile's gross vehicle weight rating

does not exceed sixteen thousand (16,000) pounds;

3. "Automotive dismantler and parts recycler" means the same as

defined in Section 591.2 of Title 47 of the Oklahoma Statutes;

4. "Commission" means the Oklahoma Tax Commission;

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

6. "End use" means a Department-approved ultimate economic use

for a used tire or tire-derived product, including granulated

rubber, ground rubber, tire chips, tire-derived aggregate, tire-

derived fuel and tire shreds;

7. "Fund" means the Used Tire Recycling Indemnity Fund;

8. "Granulated rubber" means particulate rubber composed of

mainly nonspherical particles that span a broad range of maximum

particle dimensions, from below four hundred twenty-five thousandths

(0.425) of a millimeter (40 mesh) to twelve (12) millimeters (0.47

inches) pursuant to current ASTM standards;

9. "Ground rubber" means particulate rubber composed of mainly

nonspherical particles that span a broad range of maximum particle

dimensions, from below four hundred twenty-five thousandths (0.425)

of a millimeter (40 mesh) to two (2) millimeters (0.08 inches)

pursuant to current ASTM standards;

10. "Motorcycle" means a motor vehicle of a type defined in

Section 1-135 of Title 47 of the Oklahoma Statutes;

11. "Motor-driven cycle" means a motor vehicle of a type

defined in Section 1-136 of Title 47 of the Oklahoma Statutes;

12. "Motor vehicle" means the same as defined in Section 1-134

of Title 47 of the Oklahoma Statutes;

13. "Priority cleanup list" means a list, created and

maintained by the Department, of:

a. unpermitted dumps which did not exist when the owner

took possession of the property where the tires are

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 270

located, and were created without the consent of or

benefit to the owner of the property, and

b. such other tire dumps designated by the Department

pursuant to Section 2-11-401.6 of this title;

14. "Reusable tire" means a tire that has been previously used

on a vehicle, not currently mounted on a vehicle, but can be legally

placed into service for vehicle use in Oklahoma;

15. "Semitrailer" means the same as defined in Section 1-162 of

Title 47 of the Oklahoma Statutes;

16. "Tire" means any solid or air-filled covering for vehicle

wheels;

17. "Tire chips" means pieces of scrap tires that have a basic

geometrical shape and are generally between twelve (12) millimeters

(0.47 inches) and fifty (50) millimeters (1.97 inches) in size and

have most of the wire removed pursuant to current ASTM standards;

18. "Tire dealer" means any person engaged in the business of

selling new and used tires to final consumers, not for resale;

19. "Tire-derived aggregate" means pieces of scrap tires that

have a basic geometrical shape and are generally between twelve (12)

millimeters (0.47 inches) and three hundred five (305) millimeters

(12.01 inches) in size and are intended for use in civil engineering

applications pursuant to ASTM standards;

20. "Tire-derived fuel" means whole tires or processed tires

that can be used for energy or fuel recovery pursuant to current

ASTM standards;

21. "Tire-derived fuel facility" or "TDF facility" means a

facility that uses processed tires or whole used tires for energy or

fuel recovery;

22. "Tire-derived product" means matter that:

a. is derived from a process that uses whole tires as a

feedstock, including chipping for the purpose of fuel

recovery, granulating and grinding,

b. adheres to established engineering or other

appropriate specifications or to established product

end-user specifications or customer conditions of

acceptance,

c. has a demonstrated benefit associated with the end

use, and

d. can be used as a substitute for or in conjunction with

a commercial product or raw material;

23. "Tire shreds" means pieces of scrap tires that have a basic

geometrical shape and are generally between fifty (50) millimeters

(1.97 inches) and three hundred five (305) millimeters (12.01

inches) in size pursuant to current ASTM standards;

24. "Trailer" means the same as defined in Section 1-180 of

Title 47 of the Oklahoma Statutes;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 271

25. "Used tire" means an unprocessed whole tire or tire part

that can no longer be used for its originally intended purpose but

can be beneficially reused as approved by the Department. Any used

tire collected in accordance with the requirements of the Oklahoma

Used Tire Recycling Act is not considered to be discarded. A tire

that can be used, reused or legally modified to be reused for its

original intended purpose shall not be a used tire;

26. "Used tire processing" means altering the form of whole

used tires by shredding, chipping or other method approved by the

Department, except baling and pyrolysis;

27. "Used tire recycling facility" means any place which is

permitted as a solid waste disposal site, in accordance with the

Oklahoma Solid Waste Management Act, at which used tires are

processed; and

28. "Vehicle" means the same as defined in Section 1-186 of

Title 47 of the Oklahoma Statutes.
Okla. Stat. tit. 27A, § 27A-2-7-302 — OK Code / Title 27A / Section 27A-2-7-302
Purposes of act
Status: in_force

The purposes of the Hazardous Waste Fund Act are to:

1. Protect public health and safety, and the natural resources

of the State of Oklahoma;

2. Provide for response to environmental emergencies and

incidents; and

3. Establish a fund administered by the Department which will

be available to monitor hazardous waste management facilities and to

respond and assist municipalities and counties in responding to any

emergency situation involving hazardous waste.
Okla. Stat. tit. 27A, § 27A-3-5-105 — OK Code / Title 27A / Section 27A-3-5-105
Carbon dioxide property rights
Status: in_force

A. Unless otherwise expressly provided by a contract, bill of

sale, deed, mortgage, deed of trust, or other legally binding

document or by other law, carbon dioxide injected into a CO2

sequestration facility or a CO2 storage unit associated with a CO2

sequestration facility is considered to be the personal property of

the facility owner.

B. Absent a final judgment of willful abandonment rendered by a

court of competent jurisdiction, or a regulatory determination of

willful abandonment, carbon dioxide injected into a CO2

sequestration facility or a storage unit associated with a CO2

sequestration facility is not considered to be the property of the

owner of the surface or mineral estate in the land encompassing the

geographic boundary of the CO2 sequestration facility, or any person

claiming under the owner of the surface or mineral estate.
Okla. Stat. tit. 27A, § 27A-2-2-201 — OK Code / Title 27A / Section 27A-2-2-201
Advisory councils
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 62

A. There are hereby re-created until July 1, 2026, pursuant to

the provisions of the Oklahoma Sunset Law:

1. The Water Quality Management Advisory Council;

2. The Hazardous Waste Management Advisory Council;

3. The Solid Waste Management Advisory Council; and

4. The Radiation Management Advisory Council.

B. 1. Except as provided for in paragraph 2 of this

subsection, each Council created pursuant to subsection A of this

section shall consist of nine (9) members. Three members shall be

appointed by the Governor, three members shall be appointed by the

Speaker of the House of Representatives and three members shall be

appointed by the President Pro Tempore of the Senate. Appointments

shall be for three-year terms. Members of the Advisory Councils

shall serve at the pleasure of and may be removed from office by the

appointing authority. Members shall continue to serve until their

successors are appointed. Any vacancy shall be filled in the same

manner as the original appointments. Five members shall constitute

a quorum.

2. a. The Solid Waste Management Advisory Council shall

consist of ten (10) members. Four members shall be

appointed by the Governor, three members shall be

appointed by the Speaker of the House of

Representatives and three members shall be appointed

by the President Pro Tempore of the Senate.

Appointments shall be for three-year terms. Members

of the Solid Waste Management Advisory Council shall

serve at the pleasure of and may be removed from

office by the appointing authority. Members shall

continue to serve until their successors are

appointed. Any vacancy shall be filled in the same

manner as the original appointments. Six members

shall constitute a quorum.

b. The Water Quality Management Advisory Council shall

consist of twelve (12) members. Four members shall be

appointed by the Governor, four members shall be

appointed by the President Pro Tempore of the Senate,

and four members shall be appointed by the Speaker of

the House of Representatives. Appointments shall be

for three-year terms. Members shall serve at the

pleasure of and may be removed by the appointing

authority. Members may be eligible for reappointment

and shall continue to serve until their successors are

appointed. Vacancies shall be filled in the same

manner as their original appointments. Seven members

shall constitute a quorum.

3. Each Council shall elect a chair and a vice-chair from among

its members. Each Council shall meet as required for rule

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 63

development, review and recommendation and for such other purposes

specified by law. Special meetings may be called by the chair or by

the concurrence of any three members.

C. 1. All members of the Water Quality Management Advisory

Council shall be knowledgeable of water quality and of the

environment. The Council shall be composed as follows:

a. the Governor shall appoint four members as follows:

(1) one member representing the field of engineering,

(2) one member representing a statewide nonprofit

environmental organization,

(3) one member representing the general public, and

(4) one member representing a commercial or publicly

owned laboratory accredited by the Department for

both the Drinking Water and the General

Environmental Laboratory classifications of

accreditation,

b. the President Pro Tempore of the Senate shall appoint

four members as follows:

(1) one member representing an industry located in

this state,

(2) one member representing an oil-field-related

industry,

(3) one member representing the field of geology, and

(4) one member who holds a certificate under the

Waterworks and Wastewater Works Operator

Certification Act and who is the operator of a

municipal waterworks or wastewater works

facility, and

c. the Speaker of the House of Representatives shall

appoint four members as follows:

(1) one member representing a political subdivision

of the state who shall be a member of the local

governmental body of a city or town,

(2) one member representing a rural water district

organized pursuant to the laws of this state,

(3) one member representing the field of agriculture,

and

(4) one member who holds a certificate under the

Waterworks and Wastewater Works Operator

Certification Act and who is the operator of a

waterworks or wastewater works for a rural water

or sewer district organized pursuant to law.

2. The jurisdictional areas of the Water Quality Management

Advisory Council shall include Article VI of this chapter, Article

IV of this chapter, waterworks and wastewater activities, water

quality and protection and related activities and such other areas

as designated by the Board.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 64

D. 1. All members of the Hazardous Waste Management Advisory

Council shall be knowledgeable of hazardous waste and of the

environment. The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing an industry located in

this state,

(2) one member representing a statewide nonprofit

environmental organization, and

(3) one member representing a political subdivision

of the state who shall be a member of the local

governing body of a city or town,

b. the President Pro Tempore of the Senate shall appoint

three members as follows:

(1) one member representing a political subdivision

of the state who shall be a member of the local

governmental body of a city or town,

(2) one member representing the general public, and

(3) one member representing industry generating

hazardous waste, and

c. the Speaker of the House of Representatives shall

appoint three members as follows:

(1) one member representing the field of engineering,

(2) one member representing the hazardous waste

industry, and

(3) one member representing the field of geology.

2. The jurisdictional areas of the Hazardous Waste Management

Advisory Council shall include Article VII of this chapter, the

Oklahoma Hazardous Waste Reduction Program, and such other areas as

designated by the Board.

E. 1. All members of the Solid Waste Management Advisory

Council shall be knowledgeable of solid waste and of the

environment. The Council shall be composed as follows:

a. the Governor shall appoint four members as follows:

(1) one member representing a statewide nonprofit

environmental organization,

(2) one member shall be a county commissioner,

(3) one member representing the general public, and

(4) one member representing the solid waste

incineration, waste-to-energy industry in this

state,

b. the President Pro Tempore of the Senate shall appoint

three members as follows:

(1) one member representing an industry located in

this state generating solid waste,

(2) one member representing a political subdivision

of this state who shall be a member of the local

governmental body of a city or town, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 65

(3) one member representing the field of geology, and

c. the Speaker of the House of Representatives shall

appoint three members as follows:

(1) one member representing the solid waste disposal

industry in this state,

(2) one member representing the field of engineering,

and

(3) one member representing the transportation

industry.

2. The jurisdictional areas of the Solid Waste Management

Advisory Council shall include Article X of this chapter, the

Oklahoma Used Tire Recycling Act and such other areas as designated

by the Board.

F. 1. All members of the Radiation Management Advisory Council

shall be knowledgeable of radiation hazards and radiation

protection. The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing an industry located in

this state which uses sources of radiation in its

manufacturing or processing business,

(2) one member representing a statewide nonprofit

environmental organization, and

(3) one member representing the engineering

profession who shall be a professional engineer

employed and experienced in matters of radiation

management and protection,

b. the President Pro Tempore of the Senate shall appoint

three members as follows:

(1) one member representing the faculty of an

institution of higher learning of university

status and shall be experienced in matters of

scientific knowledge and competent in matters of

radiation management and protection,

(2) one member representing the general public, and

(3) one member representing the field of industrial

radiography, and

c. the Speaker of the House of Representatives shall

appoint three members as follows:

(1) one member representing the transportation

industry,

(2) one member representing the petroleum industry

who is trained and experienced in radiation

management and protection, and

(3) one member representing a medical institution

within this state who shall be experienced in

matters of radiation management and protection.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 66

2. The jurisdictional areas of the Radiation Management

Advisory Council shall include Article IX of this chapter and such

other areas as designated by the Board.

G. 1. The Air Quality Council shall remain in effect as the

Air Quality Advisory Council and carry on the powers and duties

assigned to it by law. Future appointments to the Council shall be

made according to the provisions of this section.

2. The Council shall consist of nine (9) members who shall be

residents of this state and appointed by the Governor with the

advice and consent of the Senate.

3. Members of the Council shall have the qualifications as

follows:

a. one member shall be selected from the engineering

profession, and, as such, shall be a professional

engineer and experienced in matters of air pollution

equipment and control, who shall not be an employee of

any unit of government,

b. one member shall be selected from industry in general,

and, as such, shall be employed as a manufacturing

executive carrying on a manufacturing business within

this state,

c. one member shall be selected from a faculty of an

institution of higher learning of university status

and shall be experienced in matters of scientific

knowledge and competent in matters of air pollution

control and evaluation,

d. one member shall be selected from the transportation

industry,

e. one member shall be selected from the petroleum

industry, and, as such, shall be employed by a

petroleum company carrying on a petroleum refining

business within the state, and, as such, shall be

trained and experienced in matters of scientific

knowledge of causes as well as effects of air

pollution,

f. one member shall be selected from agriculture, and, as

such, shall be engaged in or employed by a basic

agricultural business or the processing of

agricultural products,

g. one member shall be selected from the political

subdivisions of the state, and, as such, shall be a

member of the local government body of a city or town,

h. one member, whose first term shall expire on June 15,

1998, shall be selected from the general public, and

i. one member, whose first term shall expire on June 15,

1999, shall be selected from the electric utilities

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 67

industry, and as such, shall be knowledgeable in

matters of air pollution and control.

4. Each member shall be appointed to serve a term of office of

seven (7) years.

The terms of all members shall be deemed to have expired on June

15 of the year of expiration, and shall continue until successors

have been duly appointed and qualified. If a vacancy occurs, the

Governor shall appoint a person for the remaining portion of the

unexpired term created by the vacancy. Five members of the Council

shall constitute a quorum.

5. The Council shall hold at least two regular meetings each

calendar year at a place and time to be fixed by the Council. The

Council shall select one of its members to serve as chair and

another of its members to serve as vice-chair at the first regular

meeting in each calendar year to serve as the chair and vice-chair

for the ensuing year. Special meetings may be called, and any

meeting may be canceled, by the chair, or by three members of the

Council by delivery of written notice to each member of the Council.

6. The jurisdictional areas of the Air Quality Council shall

include Article V of this chapter and such other areas as designated

by the Board.

H. In addition to other powers and duties assigned to each

Council pursuant to this Code, each Council shall, within its

jurisdictional area:

1. Have authority to recommend to the Board rules on behalf of

the Department. The Department shall not have standing to recommend

to the Board permanent rules or changes to such rules within the

jurisdiction of a Council which have not previously been submitted

to the appropriate Council for action;

2. Before recommending any permanent rules to the Board, give

public notice, offer opportunity for public comment and conduct a

public rulemaking hearing when required by the Administrative

Procedures Act;

3. Have the authority to make written recommendations to the

Board which have been concurred upon by at least a majority of the

membership of the Council;

4. Have the authority to provide a public forum for the

discussion of issues it considers relevant to its area of

jurisdiction, and to:

a. pass nonbinding resolutions expressing the sense of

the Council, and

b. make recommendations to the Board or Department

concerning the need and the desirability of conducting

meetings, workshops and seminars; and

5. Cooperate with each other Council, the public, the Board and

the Executive Director in order to coordinate the rules within their

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 68

respective jurisdictional areas and to achieve maximum efficiency

and effectiveness in furthering the objectives of the Department.

I. The Councils shall not recommend rules for promulgation by

the Environmental Quality Board unless all applicable requirements

of the Administrative Procedures Act have been followed, including

but not limited to notice, rule impact statement and rulemaking

hearings.

J. Members of the Councils shall serve without compensation but

may be reimbursed expenses incurred in the performance of their

duties, as provided in the State Travel Reimbursement Act. The

Councils are authorized to utilize the conference rooms of the

Department of Environmental Quality and obtain administrative

assistance from the Department, as required.
Okla. Stat. tit. 27A, § 27A-3-6-101 — OK Code / Title 27A / Section 27A-3-6-101
Creation of grant program for entities utilizing sequestration of carbon captured from
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 10sequestration of carbon captured from production of hydrogen from

natural gas.

The office of the Secretary of Energy and Environment shall

create and administer a grant program for entities utilizing

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 385

sequestration of carbon captured from production of hydrogen from

natural gas. The Secretary shall determine criteria for the program

and establish a process for consideration of proposals. The grant

program shall only be subject to the authorization of federal

dollars by the Legislature.
Okla. Stat. tit. 27A, § 27A-2-6-310.3 — OK Code / Title 27A / Section 27A-2-6-310.3
Groundwater protection education program
Status: in_force

A. The Department of Environmental Quality shall develop and

implement a groundwater protection education program. In developing

such program, the Department shall consult with public health

agencies, water utilities, state educational and research

institutions, nonprofit environmental organizations and any other

person or agency the Department deems necessary.

B. The Department shall develop a program to provide public

recognition of users of land located within a public groundwater

supply wellhead protection area who demonstrate successful and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 151

committed efforts to protect drinking water supplies by implementing

innovative approaches to groundwater protection. Such program shall

also promote groundwater protection through education of members of

businesses and industry and the public.
Okla. Stat. tit. 27A, § 27A-3-3-501 — OK Code / Title 27A / Section 27A-3-3-501
Creation of program - Purpose
Status: in_force

A. The Oklahoma Conservation Commission is hereby authorized to

establish and administer the Oklahoma Conservation Commission

Municipal Infrastructure Cost-Share Program as funds become

available and otherwise appropriated. The Oklahoma Conservation

Commission Municipal Infrastructure Cost-Share Program shall provide

monies to eligible communities and rural water districts for the

purpose of implementing conservation or best management practices on

such eligible land pursuant to priority watershed work or

Conservation Reserve Enhancement Program (CREP) work, or watershed

rehabilitation or watershed operation and maintenance work in

accordance to rules promulgated by the Commission.

B. The Commission shall promulgate rules as necessary to

implement the provisions of this act.
Okla. Stat. tit. 27A, § 27A-2-7-112 — OK Code / Title 27A / Section 27A-2-7-112
Hazardous waste facility construction to be
Status: in_force

supervised.

The design, testing and construction of a hazardous waste

facility shall be conducted under the supervision of a professional

engineer, registered in Oklahoma, with training and experience in

suitable disciplines.
Okla. Stat. tit. 27A, § 27A-2-5-113 — OK Code / Title 27A / Section 27A-2-5-113
Permit fees - Department of Environmental Quality
Status: in_force

Revolving Fund subaccount.

A. Upon the effective date of rules promulgated pursuant to the

Oklahoma Clean Air Act establishing a schedule of permit fees, the

owner or operator of any source required to have a permit shall be

subject to pay to the Department or, upon delegation, the

appropriate city-county authority:

1. A fee sufficient to cover the reasonable cost of reviewing

and acting upon any application for a construction or operating

permit for any new source or for the modification of any existing

source;

2. An annual operating permit fee sufficient to cover the

reasonable costs, both direct and indirect, of implementing and

enforcing the permit program authorized by the Oklahoma Clean Air

Act and the Federal Clean Air Act, including, but not to be limited

to:

a. the costs of reviewing and acting upon any permit

renewal,

b. emissions and ambient monitoring, for those costs

incurred under the permitting program,

c. preparing generally applicable rules or guidance,

d. modeling, monitoring, analyses and demonstrations,

e. preparing inventories and tracking emissions, and

f. inspections and enforcement.

B. The annual operating fee may be imposed in graduated yearly

increases as necessary to cover the above costs, but for any major

source, affected source, or any source, including an area source,

subject to standards or regulations under Section 111 or 112 of the

Federal Clean Air Act, any source required to have a permit under

parts C or D of Title I of the Federal Clean Air Act, or any other

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 113

source as may be required to have a permit pursuant to the Federal

Clean Air Act, the fee, beginning January 1, 1993, shall be Ten

Dollars ($10.00) per ton of regulated air contaminant, due and

payable upon receipt of invoice. Thereafter, following rulemaking,

the annual operating fee shall be Twenty-five Dollars ($25.00) per

ton or such amount, either higher or lower, as is determined to

adequately reflect the demonstrated reasonable costs of the

operating permit program. Fees may be based upon the amount of

regulated air contaminant allowed by permit to be emitted, or upon

actual emissions properly determined, or both; provided, however,

that the rate per ton shall be the same whether applied to actual or

to allowable emissions. The applicant shall annually have the

option to elect either actual or allowable emissions as the basis

for calculating the operating fee. For other sources subject to

permitting requirements, fees may be assessed consistent with the

criteria in subsection A of this section. No fee, however, shall be

required for the emission of carbon monoxide and no assessment shall

be made for emissions in excess of four thousand (4,000) tons per

contaminant per year per source, or any group or stationary sources

located within a contiguous area and under common control.

C. The fees authorized in this section shall be set forth by

rule and shall preclude collection of any additional permitting fees

by any other state or local governmental authority for emission of

the same air contaminants. Provided further, in the event that a

particular substance may exhibit the characteristics of more than

one type of regulated air contaminant, and to prevent a double fee

from being assessed, the Department may assign only one single

classification to that particular substance for fee assessment

purposes. For those sources subject to the fee specified in

subsection B of this section, the rule shall further provide for the

annual operating fee to be adjusted automatically each year by the

percentage, if any, by which the Consumer Price Index for the most

recent calendar year ending before the beginning of such year

exceeds the Consumer Price Index for the calendar year 1989. For

the purposes of this subsection:

1. The Consumer Price Index for any calendar year is the

average of the Consumer Price Index for all urban consumers

published by the Department of Labor as of the close of the twelve-

month period ending on August 31 of each calendar year; and

2. The revision of the Consumer Price Index which is the most

consistent with the Consumer Price Index for calendar year 1989

shall be used.

D. Any fee not received by the Department within the prescribed

time period allotted for payment, unless a lesser amount shall be

provided for by rule, shall be subject to a one and one-half percent

(1 1/2%) per month penalty.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 114

E. There is hereby created within the Department of

Environmental Quality Revolving Fund, a subaccount which shall

consist of all permit fees collected by the Department pursuant to

Title V of the federal Clean Air Act as authorized by the Oklahoma

Clean Air Act. All monies accruing to the credit of such subaccount

shall be budgeted and expended by the Department for the sole

purpose of implementing the permit program as set forth in Title V

of the Federal Clean Air Act and the Oklahoma Clean Air Act.
Okla. Stat. tit. 27A, § 27A-3-5-104 — OK Code / Title 27A / Section 27A-3-5-104
Memorandum of understanding - Permits - Rules -
Status: in_force

Notice requirements - Powers and duties.

A. The Corporation Commission may enter into memorandums of

understanding with any governmental entity deemed necessary to

address areas of implementation of the Oklahoma Carbon Capture and

Geologic Sequestration Act that may require interagency cooperation

or interaction.

B. The operator of a CO2 sequestration facility shall obtain a

permit pursuant to the Oklahoma Carbon Capture and Geologic

Sequestration Act from the Commission prior to the operation of a

CO2 sequestration facility, after the Operator provides notice of

the application for such permit pursuant to subsection D of this

section, and the Commission has a hearing thereon upon request;

provided, that no permit pursuant to the Oklahoma Carbon Capture and

Geologic Sequestration Act is required if the facility operator

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 374

obtains permission, by permit or order, by the Commission pursuant

to the rules and regulations of the state’s federally approved

Underground Injection Control program and such permission authorizes

carbon sequestration or injection of a CO2 stream underground and

incorporates any additional requirements adopted pursuant to

subsection C of this section.

C. To the extent not already authorized by laws governing the

state’s federally approved Underground Injection Control program,

the Commission may issue and enforce such orders, and may adopt,

modify, repeal and enforce such emergency or permanent rules,

including establishment of appropriate and sufficient fees to cover

the cost of the program, financial sureties or bonds, and monitoring

at CO2 sequestration facilities, as may be necessary, for the

purpose of regulating the drilling of Class VI CO2 injection wells

related to a CO2 sequestration facility, the injection of carbon

dioxide, the operation of the CO2 sequestration facility, Class VI

CO2 injection well plugging and abandonment, removal of surface

buildings and equipment of the CO2 sequestration facility and for

any other purpose necessary to implement the provisions of the

Oklahoma Carbon Capture and Geologic Sequestration Act.

D. The applicant for any permit to be issued pursuant to the

Oklahoma Carbon Capture and Geologic Sequestration Act shall give

all surface owners and mineral owners, including working interest

and royalty owners, well operators, and gas storage operators of the

land to be encompassed within the defined geographic boundary of the

CO2 sequestration facility as established by the Commission, and

whose addresses are known or could be known through the exercise of

due diligence, at least fifteen (15) days’ notice of the hearing by

mail, return receipt requested. The applicant shall also give

notice by two publications, with one publishing at least thirty (30)

days prior to the hearing, and again at least fifteen (15) days

prior to the hearing, firstly in some newspaper of general

circulation published in Oklahoma County and secondly in some

newspaper published in the county, or in each county, if there is

more than one, in which the defined geographic boundary of the CO2

sequestration facility, as established by the Commission, is

situated. The applicant shall file proof of publication and an

affidavit of mailing with the Commission prior to the hearing.

E. In addition to all other powers and duties prescribed in the

Oklahoma Carbon Capture and Geologic Sequestration Act or otherwise

by law, and unless otherwise specifically set forth in the Oklahoma

Carbon Capture and Geologic Sequestration Act, the Commission shall

have the authority to perform any and all acts necessary to carry

out the purposes and requirements of the federal Safe Drinking Water

Act, as amended, relating to this state’s participation in the

federal Underground Injection Control program established under that

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 375

act with respect to the storage and/or sequestration of carbon

dioxide.
Okla. Stat. tit. 27, § 27-14 — OK Code / Title 27 / Section 27-14
Buildings, structures and other improvements - Taking with
Status: in_force

real property.

A. Where any interest in real property is acquired, an equal

interest shall be acquired in all buildings, structures or other

improvements located upon the real property which are required, by

the head of the acquiring entity, to be removed from such real

property or which he determines to be adversely affected by the use

to which such real property will be put.

B. For the purpose of determining the just compensation to be

paid for any building, structure or other improvement required to be

acquired as by subsection A of this section, such building,

structure or other improvement shall be deemed to be a part of the

real property to be acquired notwithstanding the right or obligation

of a tenant, as against the owner of any other interest in the real

property, to remove such building, structure or improvement at the

expiration of his term, and the fair market value which such

building, structure or improvement contributes to the fair market

value of the real property to be acquired or the fair market value

of such building, structure or improvement for removal from the real

property, whichever is the greater, shall be paid to the tenant

therefor.

C. Payment under this section shall not result in duplication

of any payments otherwise authorized by law. No such payment shall

be made unless the owner of the land involved disclaims all interest

in the improvements of the tenant. In consideration for any such

payment, the tenant shall assign, transfer and release to the

acquiring entity all his right, title and interest in and to such

improvements. Nothing in this section shall be construed to deprive

the tenant of any rights to reject payment under this section and to

obtain payment for such property interests in accordance with

applicable law other than this section.

Oklahoma Statutes - Title 27. Eminent Domain Page 9
Okla. Stat. tit. 27A, § 27A-2-11-607 — OK Code / Title 27A / Section 27A-2-11-607
Consumer education-List of registered manufacturers
Status: in_force

- Annual report - Collection events - Remedies - Rules.

A. The Department of Environmental Quality shall assist in

educating consumers about collection and recovery of covered

devices. This shall include hosting, or designating another person

to host, a web site for consumers about the collection and recovery

of covered devices. The web site shall provide information about

and links to manufacturers’ collection and recovery information,

including their recovery plans, and information about and links to

information for covered devices, including information about

collection events, collection sites, and community recycling

programs. Inclusion on such web site is not a determination by the

state that the manufacturer’s recovery plan or practices are in

compliance with this act or other laws.

B. The Department shall maintain and make available:

1. A list of registered manufacturers who have adopted and

implemented a recovery plan, as required by this act; and

2. A separate list of manufacturers whose registered recovery

plan permits consumers to return for collection and recovery other

manufacturers’ brands of covered devices, including orphan devices.

Manufacturers shall be included on this list of beyond-brand

collection plans if such plan:

a. provides recycling grants or collection events for

covered devices other than that manufacturer’s covered

devices,

b. requires a consumer who purchases a new covered

electronic device from the manufacturer to return

another manufacturer’s branded covered device, in

which case the manufacturer may require the consumer

to pay for transportation or shipping, or

c. provides for use of other collection or recovery

methods that are approved by the Department.

C. The Department shall file each recovery plan and annual

report submitted by a manufacturer. The Department shall make

recovery plans and annual reports available to the public pursuant

to the Oklahoma Open Records Act.

D. The Department shall produce a schedule of collection

events, based on the manufacturers’ submitted recovery plans.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 294

E. The Department shall by July 1 of each year produce and

submit to the Governor, the President Pro Tempore of the Senate and

Speaker of the House of Representatives a summary of the recovery

program annual reports filed by the manufacturers.

F. The Department may conduct audits and inspections to

determine compliance with the provisions of this act and take

enforcement action against any manufacturer, retailer, or recoverer

for failure to comply with any provisions of this act.

G. In addition to any other remedies provided by law, the

Department may assess a penalty of up to One Thousand Dollars

($1,000.00) for the first violation, and up to Five Thousand Dollars

($5,000.00) for the second and each subsequent violation, against

any manufacturer who fails to label its covered devices or to adopt

and implement a recovery plan as required by this act.

H. The Environmental Quality Board may promulgate rules

necessary to implement the provisions of this act, including the

adoption of fees pursuant to the provisions of Section 2-3-402 of

Title 27A of the Oklahoma Statutes as necessary to cover the costs

of administering the program. The Board may adopt by reference

standards developed by the Institute of Scrap Recycling Industries,

Inc., or other recognized practices, procedures or standards.
Okla. Stat. tit. 27A, § 27A-3-9-100 — OK Code / Title 27A / Section 27A-3-9-100
Statewide plan for harmful woody species
Status: in_force

A. The Oklahoma Conservation Commission shall implement a

statewide plan for the control, removal, and eradication of harmful

woody species on state-owned, -leased, or -operated land.

B. On or before January 1, 2026, a report shall be compiled and

presented to the Commission from the Oklahoma Department of

Agriculture, Food, and Forestry, the Commissioners of the Land

Office, the Department of Wildlife Conservation, the Department of

Corrections, the Oklahoma Tourism and Recreation Department, the

Department of Transportation, and the Oklahoma Turnpike Authority

with a comprehensive report to determine the affected inventory and

subsequent plan to control, remove, or eradicate harmful woody

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 392

species from state-owned, -leased, or -operated properties. The

Commission shall assist in the administration of the agency’s plan

and develop any necessary programs to expand the capabilities of

each agency’s approach to control, remove, or eradicate harmful

woody specifies.

C. The agencies specified in subsection B of this section shall

electronically submit to the Legislature an annual report by

November 1, 2026, and each subsequent year by November 1, detailing

the progress of the control, removal, and eradication of harmful

woody species on state-owned, -leased, or -operated land.

D. As used in this section, “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).

E. The Oklahoma Conservation Commission shall promulgate rules

necessary to implement the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-10-102 — OK Code / Title 27A / Section 27A-2-10-102
Purpose
Status: in_force

It is the purpose of the Oklahoma Solid Waste Management Act and

it is hereby declared to be the policy of this state and its

political subdivisions to regulate the collection, transportation,

processing and disposal of solid waste in a manner that will:

1. Protect the public health, safety and welfare;

2. Protect the environment of the state;

3. Conserve valuable land and other natural resources;

4. Enhance the beauty and quality of the environment; and

5. Encourage recycling of solid waste.
Okla. Stat. tit. 27A, § 27A-2-15-103 — OK Code / Title 27A / Section 27A-2-15-103
Definitions
Status: in_force

For purposes of the Oklahoma Brownfields Voluntary Redevelopment

Act:

1. "Participant" means any person who or entity which:

a. has acquired the ownership, operation, management, or

control of a site through foreclosure or under the

terms of a bona fide security interest in a mortgage

or lien on, or an extension of credit for, a

brownfields site and which forecloses on or receives

an assignment or deed in lieu of foreclosure or other

indicia of ownership and thereby becomes the owner of

a brownfield,

b. possesses a written expression of an interest to

purchase a brownfield and the ability to implement a

brownfield redevelopment proposal,

c. is the legal owner in fee simple of a brownfield,

d. is a tenant on or lessee of the brownfield site, or

e. is undertaking the remediation of a brownfield site;

2. "Brownfield" means an abandoned, idled or underused

industrial or commercial facility or other real property at which

expansion or redevelopment of the real property is complicated by

pollution;

3. "Certificate of Completion" means a document issued by the

Department of Environmental Quality pursuant to Section 2-15-106 of

this title upon a determination that a participant has successfully

completed agency-approved risk-based remediation. A Certificate of

Completion is not a permit as defined in Section 2-14-103 of this

title;

4. "Certificate of No Action Necessary" means a document issued

by the Department of Environmental Quality pursuant to Section 2-15-

106 of this title upon a determination that no remediation is deemed

necessary for the expansion or redevelopment of the property for a

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 317

planned use. A Certificate of No Action Necessary is not a permit

as defined in Section 2-14-103 of this title;

5. "Consent order" means an order entered into by the

Department of Environmental Quality and one or more participants,

binding the parties to specified authorizations, activities, duties,

obligations, responsibilities and other requirements;

6. "Demonstrated pattern of uncorrected noncompliance" means a

history of noncompliance by the participant with state or federal

environmental laws or rules or regulations promulgated thereto, as

evidenced by past operations clearly indicating a reckless disregard

for the protection of human health and safety, or the environment;

7. "Land use disclosure" means the Certificate of Completion or

the Certificate of No Action Necessary, issued by the Department of

Environmental Quality, which is required to be filed in the office

of the county clerk of the county wherein the site is situated

pursuant to Section 2-15-107 of this title. The land use disclosure

shall include those items required in Section 2-7-123 of this title;

8. “Pollution” means the same as the term is defined in Section

2-1-102 of this title;

9. "Remediation" means activities necessary to clean up,

mitigate, correct, abate, minimize, eliminate, control and contain

pollution in compliance with a consent order from the Department of

Environmental Quality;

10. "Risk-based remediation" means site assessment or site

remediation, the timing, type, and degree of which are determined

according to case-by-case consideration of actual or potential risk

to human health and safety, or the environment from pollution of a

brownfield site; and

11. “Site characterization” means the collection of sampling

and non-sampling data to adequately delineate environmental

contamination on property and support the risk evaluation and

decision-making by the Department of Environmental Quality.
Okla. Stat. tit. 27A, § 27A-3-4-104 — OK Code / Title 27A / Section 27A-3-4-104
Carbon Sequestration Assessment Cash Fund
Status: in_force

The "Carbon Sequestration Assessment Cash Fund" is hereby

created. The fund shall be used by the Oklahoma Conservation

Commission to carry out the Oklahoma Carbon Sequestration

Enhancement Act. The State Treasurer shall credit to the fund any

money appropriated to the fund by the Legislature and any money

received as gifts, grants, or other contributions from public or

private sources obtained for the purposes of the Oklahoma Carbon

Sequestration Enhancement Act.
Okla. Stat. tit. 27A, § 27A-2-6-801 — OK Code / Title 27A / Section 27A-2-6-801
Licenses required - Rules and regulations
Status: in_force

A. All persons before engaging in the cleaning or pumping of

septic tanks or holding tanks and disposing of sewage or septage

taken therefrom shall first obtain a license which shall be issued

by the Department under such rules as may be promulgated by the

Board. Such license shall be issued and may be revoked contingent

upon compliance or failure to comply with the provisions of this

section and rules promulgated pursuant thereto. The rules shall

include but not be limited to the following:

1. A requirement that an annual fee as set by the Board

pursuant to Section 2-3-402 of this title be paid to the Department

for each license;

2. A requirement that each vehicle shall include an enclosed

watertight tank with adequate pump and hose facilities in such

condition that no sewage may spill or leak while in transit;

3. The registration of each vehicle used in the business by

model, make, owner and license number;

4. A requirement that a permit or written approval shall be

secured by the license holder from the appropriate city or town or

from the Department's local representative in the area of operation,

which designates the place and method of final disposal of the

sewage or septage;

5. A requirement that no license shall be issued or renewed

under the provisions of this section until said applicant complies

with the rules of the Board regarding the cleaning and pumping of

septic tanks and holding tanks and the disposal of sewage or septage

taken therefrom; and

6. Requirements and standards for the beneficial use or

disposal of the sewage or septage and provisions necessary to

implement any applicable federal requirements.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 162

B. Nothing in this section shall limit the authority of a city

or town to prescribe regulations to collect additional fees related

to the cleaning of septic tanks or holding tanks and the disposal of

sewage or septage therefrom.
Okla. Stat. tit. 27A, § 27A-2-8-201 — OK Code / Title 27A / Section 27A-2-8-201
Oklahoma representatives to Central Interstate Low-
Status: in_force

Level Radioactive Waste Compact Commission.

The member of the Central Interstate Low-Level Radioactive Waste

Compact Commission representing the State of Oklahoma shall be the

Executive Director of the Department of Environmental Quality or the

designated representative of the Executive Director.
Okla. Stat. tit. 27A, § 27A-1-2-103 — OK Code / Title 27A / Section 27A-1-2-103
Environmental Remediation Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Secretary of Energy and Environment or the successor cabinet

position having authority over the Department of Environmental

Quality to be designated the "Environmental Remediation Revolving

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

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

Secretary from Natural Resource Damage Assessments on behalf of the

state, pursuant to paragraph 4 of subsection A of Section 1-2-101 of

Title 27A of the Oklahoma Statutes, that are not designated for

deposit to any other fund as authorized by law. All monies accruing

to the credit of the fund are hereby appropriated and may be

budgeted and expended by the Secretary to perform the duties imposed

by law. Expenditures from the 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.