Okla. Stat. tit. 27A, § 27A-2-7-113.1 — OK Code / Title 27A / Section 27A-2-7-113.1
Issuance of permits - Suitability of facility -
Status: in_force

Administrative procedures.

A. The Department of Environmental Quality shall issue permits

for hazardous waste facilities. A permit shall be issued only upon

proper application and determination by the Department that the

proposed site and facility are physically and technically suitable.

B. Upon a finding that a proposed hazardous waste facility is

not physically or technically suitable, the Department shall deny

the permit.

C. In accordance with the provisions of Section 2-14-304 of

this title, an administrative permit hearing shall be available on a

proposed permit which is based on a Tier III hazardous waste permit

application for a new permit or for the modification of an existing

permit involving a fifty percent (50%) or more increase in permitted

capacity for storage, treatment or disposal including but not

limited to incineration.

D. The Department may, upon determining that public health or

safety requires emergency action, issue a temporary permit for

treatment or storage of hazardous waste or recyclable material for a

period not to exceed ninety (90) days without the prior notices and

opportunity to request a public meeting or the administrative permit

hearing required by this section or the Oklahoma Uniform

Environmental Permitting Act. Any person aggrieved by such permit

may seek judicial review.
Okla. Stat. tit. 27A, § 27A-2-3-404 — OK Code / Title 27A / Section 27A-2-3-404
Blue River-Little Blue Creek Stream Health Assessment
Status: in_force

Study Revolving Fund.

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

fund for the Department of Environmental Quality to be designated

the “Blue River-Little Blue Creek Stream Health Assessment Study

Revolving Fund”. The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Department from appropriations, apportionments, donations,

and federal grants received for the purpose of completing the study

created pursuant to subsection B of this section. All monies

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

be budgeted and expended by the Department 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. Pursuant to the requirements of Section 1-3-101 of Title 27A

of the Oklahoma Statutes as it relates to waters emanating from a

sensitive sole source aquifer, the Department shall establish and

perform a Blue River-Little Blue Creek Stream Health Assessment

Study. The Department shall coordinate with a research university

for the purpose of defining the study scope and conducting work

necessary to complete data collection and the development of the

Blue River-Little Blue Creek Stream Health Assessment Study. The

Department shall preference resources and partnerships within this

state during evaluation for the performance of conducting this

study. The Department may coordinate with other relevant state and

federal agencies to effectuate the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-10-307 — OK Code / Title 27A / Section 27A-2-10-307
Permit application process for solid waste transfer
Status: in_force

station or yard-waste composting site.

A permit application for a solid waste transfer station or yard-

waste composting site shall be subject to any applicable public

comment, public meeting and administrative hearing requirements as

set forth for the application tier in the Oklahoma Uniform

Environmental Permitting Act, unless the board of county

commissioners of the county of the proposed site, after opportunity

for written or oral public comment, has found the application to be

within the scope of the county's solid waste management plan.
Okla. Stat. tit. 27A, § 27A-2-12-302 — OK Code / Title 27A / Section 27A-2-12-302
Prohibition on performing services or advertising as
Status: in_force

certified contractor, specialist unless properly certified -

Official certification list - Health and safety information.

A. No lead-based paint contractor shall perform or offer to

perform lead-based paint services upon any target housing or child-

occupied facilities unless such person is certified by the

Department prior to performing or offering to perform such services.

B. No individual shall advertise or otherwise present himself

as a certified lead-based paint contractor or specialist, for

purposes of offering to perform or performing lead-based paint

services unless certified by the Department pursuant to this article

and rules promulgated thereunder.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 304

C. Certified lead-based paint contractors and specialists shall

use only environmental sampling laboratories that are part of an

effective voluntary accreditation program as determined by the

federal Environmental Protection Agency or which are federally

certified to analyze for lead in paint films, soil and dust.

D. The Department shall maintain an official listing of the

names and addresses of all certified lead-based paint contractors

and specialists and make such list available to any person

requesting it upon payment of a copying fee established by the

Environmental Quality Board.

E. The State Department of Labor shall provide health and

safety information on lead abatement to all lead-based paint

contractors and specialists certified pursuant to the terms of this

article.
Okla. Stat. tit. 27A, § 27A-2-6-501.6 — OK Code / Title 27A / Section 27A-2-6-501.6
Distribution of municipal sludge
Status: in_force

In addition to the requirements imposed by Section 2-6-501 et

seq. of Title 27A of the Oklahoma Statutes, municipal sludge shall

be distributed by a municipality in accordance with an approved

sludge management plan. Such plan shall authorize the municipality

to award such sludge to any qualified recipient for land application

if such recipients meet the requirements of Section 2-6-501.5 of

Title 27A of the Oklahoma Statutes. Municipalities are authorized

to adopt any method they choose for selecting qualified recipients

for land application of sludge including, but not limited to,

accepting monetary bids.
Okla. Stat. tit. 27A, § 27A-2-2-105 — OK Code / Title 27A / Section 27A-2-2-105
Applications for permits for water reuse projects
Status: in_force

A. The Department of Environmental Quality shall receive,

review, and evaluate permit applications for discharges to water

bodies for water reuse projects. The Department shall approve such

applications as comply with the applicable rules of the

Environmental Quality Board for discharges to the waters of the

State.

B. 1. Subject to subsection A of this section, the Department

shall issue permits for point-source discharges into sensitive

public and private water supplies, as defined by the rules of the

Oklahoma Water Resources Board, where such discharges do not contain

concentrations of pollutants greater than the existing

concentrations of such pollutants in the receiving water body. The

issuance of such permit by the Department shall not be considered a

violation of the anti-degradation provisions of the State’s water

quality standards.

2. Upon initial receipt of an application for a discharge

permit that is for the purpose of developing and implementing a

water reuse project, the Department shall acknowledge to the

applicant in writing or by electronic mail the date that the

Department received the application, thus initiating the period for

administrative review of the application. The Department shall

review the application in accordance with timelines for

administrative and technical review adopted by the Environmental

Quality Board.

3. Applications for point-source discharges into water bodies

designated by the Oklahoma Water Resources Board as Sensitive Public

or Private Water Supplies shall be considered Tier III permit

applications under the Uniform Environmental Permitting Act.
Okla. Stat. tit. 27, § 27-10 — OK Code / Title 27 / Section 27-10
Reimbursement of owner for expenses after acquisition
Status: in_force

Any person, agency or other entity acquiring real property for

public use under the laws of this state shall, as soon as

practicable after the date of payment of the purchase price or the

date of deposit into court of funds to satisfy the award of

compensation in a condemnation proceeding to acquire real property,

whichever is the earlier, reimburse the owner for expenses he

necessarily incurred for:

1. Recording fees, transfer taxes and similar expenses

incidental to conveying such real property;

2. Penalty costs for prepayment for any preexisting recorded

mortgage entered into in good faith encumbering such real property;

and

3. The pro rata portion of real property taxes paid which are

allocable to a period subsequent to the date of vesting title in the

Oklahoma Statutes - Title 27. Eminent Domain Page 5

acquiring entity, or the effective date of possession of such real

property by the acquiring entity, whichever is the earlier.
Okla. Stat. tit. 27A, § 27A-2-5-116 — OK Code / Title 27A / Section 27A-2-5-116
Violations - Penalties
Status: in_force

A. Any person who knowingly and willfully:

1. Violates any applicable provision of the Oklahoma Clean Air

Act or any rule or standard promulgated thereunder;

2. Violates any order issued or permit condition prescribed

pursuant to the Oklahoma Clean Air Act;

3. Violates any emission limitation or any substantive

provision or condition of any permit;

4. Makes any false material statement, representation, or

certification in, or omits material information from, or knowingly

alters, conceals, or fails to file or maintain any notice,

application, record, report, plan or other document, except for

monitoring data, required pursuant to the Oklahoma Clean Air Act to

be either filed or maintained;

5. Fails to notify or report as required by the Oklahoma Clean

Air Act, rules promulgated thereunder or orders or permits issued

pursuant thereto; or

6. Fails to install any monitoring device or method required to

be maintained or followed pursuant to the Oklahoma Clean Air Act;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 119

shall, upon conviction, be guilty of a misdemeanor and be punished

by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00)

per day of violation or for not more than one (1) year imprisonment

in the county jail, or both such fine and imprisonment.

B. Any person who knowingly and willfully:

1. Violates any applicable provision of the Oklahoma Clean Air

Act or any rule promulgated thereunder, or any order of the

Department or any emission limitation or substantive provision or

condition of any permit, and who knows at the time that he thereby

places another in danger of death or serious bodily injury;

2. Tampers with or renders inaccurate any monitoring device; or

3. Falsifies any monitoring information required to be

maintained or submitted to the Department pursuant to the Oklahoma

Clean Air Act,

shall, upon conviction, be guilty of a Class C2 felony offense and

subject to a fine of not more than Two Hundred Fifty Thousand

Dollars ($250,000.00), or for not more than ten (10) years

imprisonment, or both such fine and imprisonment.
Okla. Stat. tit. 27A, § 27A-3-3-402 — OK Code / Title 27A / Section 27A-3-3-402
Certificate of Secretary of State as evidence
Status: in_force

In any suit, action or proceeding involving the validity or

enforcement of, or relating to, any contract, proceeding or action

of a district, the district shall be deemed to have been established

in accordance with the provisions of the Conservation District Act

upon proof of the issuance of a certificate of organization to a

soil conservation district or a soil and water conservation district

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 360

by the Secretary of State. A copy of such certificate duly

certified by the Secretary of State shall be admissible in evidence

in any such suit, action or proceeding and shall be proof of the

filing and contents thereof.
Okla. Stat. tit. 27A, § 27A-2-10-902 — OK Code / Title 27A / Section 27A-2-10-902
Sale or conveyance of property used as solid waste
Status: in_force

disposal site or landfill.

A. Pursuant to the provisions of this section, any municipality

may sell or otherwise convey any of its property within or without

the limits of the municipality which is used or has been used as a

solid waste disposal site or landfill or for the collection or

transfer of solid waste. The provisions of this section shall apply

to all such real property owned by the municipality which has been

acquired or dedicated for the public use or purpose and for the

benefit of the residents of the municipality.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 262

B. The property of the municipality which is used or has been

used as a solid waste disposal site or landfill or for the

collection or transfer of solid waste may be sold or otherwise

conveyed by the municipality if:

1. The municipal governing body provides for a public hearing

on the issue of the disposal or conveyance of the property; and

2. A resolution authorizing the execution of any sale or

disposal of the property is properly passed and published pursuant

to law or ordinance.
Okla. Stat. tit. 27A, § 27A-2-8-101 — OK Code / Title 27A / Section 27A-2-8-101
Short title
Status: in_force

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

Interstate Low-Level Radioactive Waste Compact".

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 204
Okla. Stat. tit. 27, § 27-1 — OK Code / Title 27 / Section 27-1
State lands subject to right of eminent domain
Status: in_force

The lands set apart for the use and benefit of the State of

Oklahoma for public schools, for public buildings and educational

institutions, either by congressional enactment or executive

reservation, are hereby declared to be subject to the right of

eminent domain in behalf of any public enterprises now authorized by

law to condemn private property for sewers, railroads, side tracks,

station grounds and other municipal or corporate public uses, and

all of the laws of this state with reference to the taking of

private property for public use are hereby made applicable to the

said lands.

R.L. 1910, § 3183. Amended by Laws 2016, c. 117, § 1.
Okla. Stat. tit. 27A, § 27A-2-5-107 — OK Code / Title 27A / Section 27A-2-5-107
Air Quality Council - Powers and duties
Status: in_force

The powers and duties of the Council shall be as follows:

1. The Council shall recommend to the Board rules or amendments

thereto for the prevention, control and prohibition of air pollution

and for the establishment of health and safety tolerances for

discharge of air contaminants in the state as may be consistent with

the general intent and purposes of the Oklahoma Clean Air Act. The

recommendations may include, but need not be limited to, rules

required to implement the following:

a. a comprehensive state air permitting program,

b. an accidental release prevention program,

c. a program for the regulation and control of toxic and

hazardous air contaminants,

d. a program for the regulation and control of acid

deposition,

e. a small business program, and

f. a system of assessing and collecting fees;

2. The Council shall recommend rules of practice and procedure

applicable to proceedings before the Council;

3. Before recommending any permanent rules, or any amendment or

repeal thereof to the Board, the Council shall hold a public

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 104

rulemaking hearing. The Council shall have full authority to

conduct such hearings, and may appoint a hearing officer;

4. A rule, or any amendment thereof, recommended by the Council

may differ in its terms and provisions as between particular

conditions, particular sources, and particular areas of the state.

In considering rules, the Council shall give due recognition to the

evidence presented that the quantity or characteristic of air

contaminants or the duration of their presence in the atmosphere,

which may cause a need for air control in one area of the state, may

not cause need for air control in another area of the state. The

Council shall take into consideration, in this connection, all

factors found by it to be proper and just, including but not limited

to existing physical conditions, economic impact, topography,

population, prevailing wind directions and velocities, and the fact

that a rule and the degrees of conformance therewith which may be

proper as to an essentially residential area of the state may not be

proper either as to a highly developed industrial area of the state

or as to a relatively unpopulated area of the state;

5. Recommendations to the Board shall be in writing and

concurred upon by at least five members of the Council;

6. The Council shall have the authority and the discretion to

provide a public forum for the discussion of issues it considers

relevant to the air quality of the state, and to:

a. pass nonbinding resolutions expressing the sense of

the Council,

b. make recommendations to the Department concerning the

need and the desirability of conducting public

meetings, workshops and seminars, and

c. hold public hearings to receive public comment in

fulfillment of federal requirements regarding the

State Implementation Plan and make recommendations to

the Department concerning the plan; and

7. The Council shall have the authority to conduct individual

proceedings, to issue notices of hearings and subpoenas requiring

the attendance of witnesses and the production of evidence, to

administer oaths, and to take testimony and receive such pertinent

and relevant proof as it may deem to be necessary, proper or

desirable in order that it may effectively discharge its duties and

responsibilities under the Oklahoma Clean Air Act. The Council is

also empowered to appoint an Administrative Law Judge to conduct

individual proceedings and prepare such findings of fact,

conclusions of law and proposed orders as they may require. Upon

issuance of a proposed order, the Council shall request that the

Executive Director issue a final order in accordance with their

findings or take such action as indicated and notify the respondent

thereof in writing.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 105
Okla. Stat. tit. 27A, § 27A-2-11-609 — OK Code / Title 27A / Section 27A-2-11-609
Compliance with laws
Status: in_force

All covered devices collected pursuant to the provisions of this

act shall be recovered in a manner that is in compliance with all

applicable federal, state, and local laws.
Okla. Stat. tit. 27A, § 27A-2-11-610 — OK Code / Title 27A / Section 27A-2-11-610
State agency purchases or leases - Rules - Financial
Status: in_force

or proprietary information.

A. No state agency shall contract for the purchase of covered

electronic devices manufactured by any manufacturer that is not on

the Department of Environmental Quality's list of registered

manufacturers or that has been otherwise determined noncompliant

with the provisions of this act.

B. Any person who submits a bid for a contract with a state

agency for the purchase or lease of covered devices must show that

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 295

the manufacturer of the brand of covered device is in compliance

with the Oklahoma Computer Equipment Recovery Act.

C. A state agency that purchases or leases covered devices

shall require each prospective bidder to certify compliance with

this act. Failure to provide such certification shall render the

prospective bidder ineligible to bid on the procurement of covered

devices.

D. In the case of contracts for the purchase of covered

electronic devices through a competitive process, in the event that

the bidder having the lowest price or best value offer will supply

covered electronic devices manufactured by a manufacturer that is

not included on the Department's list of manufacturers with beyond-

brand collection plans under subsection B of Section 2-11-607 of

this title and one or more other bidders will supply covered

electronic devices manufactured by a manufacturer that is included

on that list, the contracting entity shall award such contract to

the lowest price or best value bidder that will supply covered

electronic devices manufactured by a manufacturer that is included

on that list.

E. The Office of Management and Enterprise Services shall

promulgate rules to implement the provisions of this section.

F. Financial or proprietary information submitted to the

Department under this act is exempt from public disclosure, in

accordance with state law.
Okla. Stat. tit. 27A, § 27A-2-10-303.1 — OK Code / Title 27A / Section 27A-2-10-303.1
Availability of administrative permit hearing
Status: in_force

In accordance with the provisions of Section 2-14-304 of this

title, an administrative permit hearing shall be available on a

proposed permit which is based on a Tier III solid waste permit

application for a new permit or for the major modification of an

existing permit involving a fifty percent (50%) or more increase in

permitted capacity for storage, treatment or disposal including but

not limited to incineration.
Okla. Stat. tit. 27A, § 27A-2-11-602 — OK Code / Title 27A / Section 27A-2-11-602
Purpose
Status: in_force

A. Computers and computer monitors have become indispensable to

the strength and growth of the state’s economy and the quality of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 289

life of its citizens. Equally important is the protection of our

state’s environment and natural resources which necessitates the

implementation of a statewide system to properly dispose of or

recycle these products. Many of these products can be refurbished

and reused, and many contain valuable materials that can be

recycled.

B. The purpose of the Oklahoma Computer Equipment Recovery Act

is to establish a convenient and environmentally sound recovery

program for the collection, recycling and reuse of computers and

computer monitors that have reached the end of their useful lives.

The program is based on individual manufacturer responsibility and

shared responsibility among consumers, retailers, and government.
Okla. Stat. tit. 27A, § 27A-3-2-103a — OK Code / Title 27A / Section 27A-3-2-103a
Temporary employees
Status: in_force

A. For the purposes of the Oklahoma Conservation Commission,

seasonal employees employed by the Commission who work less than

nine hundred ninety-nine (999) hours in a twelve-month period shall

be considered temporary employees and shall be unclassified. The

Commission may employ seasonal employees throughout the calendar

year.

B. The Commission, in its annual budget request, shall include

a summary of the use of project labor, which shall include the

number of workers employed under the provisions of this section and

the total wages paid to these employees.
Okla. Stat. tit. 27, § 27-37 — OK Code / Title 27 / Section 27-37
Expired July 1, 1943
Status: in_force

Oklahoma Statutes - Title 27. Eminent Domain Page 13
Okla. Stat. tit. 27A, § 27A-2-11-401.2 — OK Code / Title 27A / Section 27A-2-11-401.2
Used tire recycling fee - Assessment - Remittance
Status: in_force

- Delinquencies - Penalties.

A. 1. Except as otherwise provided by this section, the

following assessments shall be made for tires for use on vehicles:

a. at the time any tire:

(1) for an automobile as defined in the Oklahoma Used

Tire Recycling Act or a tire with a rim diameter

of less than or equal to nineteen and one-half

(19 1/2) inches is sold by a tire dealer, there

shall be assessed a used tire recycling fee of

Two Dollars and ninety cents ($2.90) per tire,

(2) for vehicles other than automobiles as defined by

the Oklahoma Used Tire Recycling Act with a rim

diameter greater than nineteen and one-half (19

1/2) inches and a tread width of twelve (12)

inches or less is sold by a tire dealer, there

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 272

shall be assessed a used tire recycling fee of

Five Dollars and fifty cents ($5.50) per tire,

(3) with a rim diameter greater than nineteen and

one-half (19 1/2) inches and a tread width of

greater than twelve (12) inches is sold by a tire

dealer, there shall be assessed a used tire

recycling fee of Ten Dollars ($10.00) per tire,

and

(4) is sold by a tire dealer for use on a motorcycle

or motor-driven cycle, there shall be assessed a

used tire recycling fee of One Dollar ($1.00) per

tire,

b. at any time an automobile as defined by the Oklahoma

Used Tire Recycling Act or a motor vehicle with a tire

rim diameter of less than or equal to nineteen and

one-half (19 1/2) inches is first registered in this

state, there shall be assessed a used tire recycling

fee of Two Dollars and ninety cents ($2.90) per tire,

except as otherwise provided by subparagraphs e and f

of this paragraph,

c. at any time a vehicle other than an automobile as

defined by the Oklahoma Used Tire Recycling Act with a

tire rim diameter of greater than nineteen and one-

half (19 1/2) inches is first registered in this

state, there shall be assessed a used tire recycling

fee of Five Dollars and fifty cents ($5.50) per tire,

except as otherwise provided by subparagraphs e, f and

g of this paragraph,

d. at any time a trailer or semitrailer with a tire rim

diameter of less than or equal to nineteen and one-

half (19 1/2) inches is first titled in this state,

there shall be assessed a used tire recycling fee of

Two Dollars and ninety cents ($2.90) per tire,

e. at any time a motorcycle or motor-driven cycle is

first registered in this state, there shall be

assessed a used tire recycling fee of One Dollar

($1.00) per tire,

f. at the time a motor vehicle is first titled in this

state, to be registered under the provisions of

Section 1120 of Title 47 of the Oklahoma Statutes,

there shall be assessed a used tire recycling fee of

Seven Dollars ($7.00), and

g. at the time a trailer or semitrailer is first titled

in this state, to be registered under the provisions

of Section 1133 of Title 47 of the Oklahoma Statutes,

there shall be assessed a used tire recycling fee of

Five Dollars ($5.00).

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 273

2. No fee shall be assessed by a tire dealer for reusable tires

or retreaded tires for which the tire dealer can document that the

recycling fee has been previously paid.

3. All-terrain vehicles and off-road motorcycles registered

pursuant to the provisions of Section 1132 of Title 47 of the

Oklahoma Statutes shall be exempt from the provisions of this

section.

B. 1. For tires used on implements of husbandry and

agricultural equipment with a rim diameter of less than or equal to

nineteen and one-half (19 1/2) inches and that are less than thirty

(30) inches in total diameter, there shall be assessed a used tire

recycling fee of Two Dollars and ninety cents ($2.90) per tire.

2. For tires used on implements of husbandry and agricultural

equipment with a rim diameter of greater than nineteen and one-half

(19 1/2) inches and that are less than thirty (30) inches in total

diameter, there shall be assessed a used tire recycling fee of Five

Dollars and fifty cents ($5.50) per tire.

3. For 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,

there shall be assessed a used tire recycling fee of Eight Dollars

($8.00) per tire. No fee shall be assessed by a tire dealer if the

customer retains the used agricultural tire for use on a farm or

ranch. The customer may return the used tire to the tire dealer at

a later date and shall be assessed the proper fee.

4. For 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, there shall be

assessed a used tire recycling fee of Sixteen Dollars ($16.00) per

tire. No fee shall be assessed by a tire dealer if the customer

retains the used agricultural tire for use on a farm or ranch. The

customer may return the used tire to the tire dealer at a later date

and shall be assessed the proper fee.

5. A tire dealer may pay the assessed fee for any used

agricultural tire in current inventory and include that tire in the

used tire recycling program.

C. 1. The tire dealer and licensed operator shall remit such

fee to the Oklahoma Tax Commission in the same manner as provided by

Section 1365 of Title 68 of the Oklahoma Statutes.

2. Except as otherwise provided by this section, the tire

dealer shall remit to the Tax Commission ninety-seven and three-

quarters percent (97.75%) of the fee due pursuant to this section at

the time of filing any report as required by the Tax Commission.

3. Licensed operators shall remit ninety percent (90%) of the

fee assessed on each vehicle registered.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 274

4. Failure to remit the fee at the time of filing the returns

shall cause the fee to become delinquent. If the fee becomes

delinquent the tire dealer or licensed operator forfeits any claim

to the discount authorized by this section and shall remit to the

Tax Commission one hundred percent (100%) of the amount of the fee

due plus any penalty due.

D. If the fee imposed or levied by subsection A of this

section, or any part of such amount, is not paid before the fee

becomes delinquent, there shall be collected on the total delinquent

fee interest at the rate of one and one-quarter percent (1 1/4%) per

month from the date of the delinquency until paid.

E. If any fee due under subsection A of this section, or any

part thereof, is not paid within fifteen (15) days after the fee

becomes delinquent, a penalty of ten percent (10%) on the total

amount of fee due and delinquent shall be added and paid.

F. All penalties or interest imposed by this section shall be

recoverable by the Tax Commission as a part of the fee imposed and

all penalties and interest shall be apportioned the same as the fee

on which the penalties or interest are collected.
Okla. Stat. tit. 27A, § 27A-3-2-105 — OK Code / Title 27A / Section 27A-3-2-105
Bonds of employees and officers - Records - Annual
Status: in_force

audit.

The Commission shall:

1. Provide for the execution of surety bonds for all employees

and officers who shall be entrusted with funds or property;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 337

2. Provide for the keeping of a full and accurate record of all

proceedings and of all resolutions, regulations and orders issued or

adopted; and

3. Provide for and submit to an annual audit of its records and

accounts of receipts and disbursements.
Okla. Stat. tit. 27A, § 27A-2-6-101 — OK Code / Title 27A / Section 27A-2-6-101
Definitions
Status: in_force

For purposes of this article:

1. "Aquifer storage and recovery (ASR)" means delivery of water

into an aquifer for later recovery and use;

2. "Disposal system" means pipelines or conduits, pumping

stations and force mains and all other devices, construction,

appurtenances and facilities used for collecting, conducting or

disposing of wastewater, including treatment systems;

3. "Drainage basin" means all of the water collection area

adjacent to the highest water line of a reservoir which may be

considered by the Department to be necessary to protect adequately

the waters of the reservoir. The area may extend upstream on any

watercourse to any point within six hundred (600) feet of the

highest water line of the reservoir;

4. "Indirect discharge" means the introduction of pollutants to

a publicly owned treatment works from a nondomestic source;

5. "Pollutant" means dredged spoil, solid waste, incinerator

residue, sewage, garbage, sewage sludge, munitions, chemical wastes,

biological materials, radioactive materials, heat, wrecked or

discarded equipment, rock, sand, cellar dirt and industrial,

municipal, and agribusiness waste discharged into waters of the

state;

6. "Public water supply" means water supplied to the public for

domestic or drinking purposes;

7. "Reservoir" means any reservoir, whether completed or in the

process of construction, whether or not used as a water supply, and

whether or not constructed by any recipient of water therefrom;

8. "Sludge" means nonhazardous solid, semi-solid, or liquid

residue generated by the treatment of domestic sewage or wastewater

by a treatment works, or water by a water supply system, or manure,

or such residue, treated or untreated, which results from

industrial, nonindustrial, commercial, or agribusiness activities or

industrial or manufacturing processes and which is within the

jurisdiction of the Department;

9. "Small public sewage system" means a nonindustrial

wastewater treatment system which has an average flow of five

thousand (5,000) gallons per day or less;

10. "Treatment works" means any facility used for the purpose

of treating or stabilizing wastes or wastewater. "Treatment works"

shall be synonymous with "wastewater works"; and

11. "Water supply system" means a water treatment plant, water

wells, and all related pipelines or conduits, pumping stations and

mains and all other appurtenances and devices used for distributing

drinking water to the public and, as such, shall be synonymous with

waterworks.
Okla. Stat. tit. 27A, § 27A-1012 — OK Code / Title 27A / Section 27A-1012
Legislative findings and declarations
Status: in_force

The Legislature hereby finds that there are one or more public

trusts having the State of Oklahoma as beneficiary which hold

permits issued under the National Pollution Discharge Elimination

System (NPDES), pursuant to the Federal Water Pollution Control Act,

as amended by the Federal Clean Water Act, 33 U.S.C., Section 1251

et seq. In some instances, the state beneficiary public trust

holding the NPDES permit receives waste water streams from third

parties into a central waste water treatment system owned and

operated by the public trust, and treats the commingled waste

streams in the central waste water treatment system before

discharging the resulting effluent pursuant to an NPDES permit into

navigable waters of the United States of America located in this

state. A state beneficiary public trust such as described in the

preceding sentence hereof shall be referred to in this act as a

"Central Treatment Trust", or a "CTT". The Legislature finds that

there is uncertainty as to whether treatment facilities owned and

operated by a CTT constitute "treatment works" that are publicly

owned within the meaning of 33 U.S.C., Sections 1292 and 1317(b).

The Legislature declares that there is a need to provide a mechanism

for resolving this uncertainty. The Legislature further declares

that a CTT should have the authority to make the election provided

for in Section 3 of this act, whereupon for purposes of owning and

operating its waste water treatment facilities only, such a CTT

shall have the powers granted to it by Section 4 of this act, and in

conjunction therewith, the Department of Environmental Quality,

subsequently referred to in this act as "Department", shall exercise

the powers granted to it pursuant to Sections 4 and 5 of this act.
Okla. Stat. tit. 27A, § 27A-3-3-104 — OK Code / Title 27A / Section 27A-3-3-104
Bonds - Records - Audits
Status: in_force

The directors shall provide for:

1. The execution of surety bonds for all employees and officers

who shall be entrusted with funds or property;

2. The keeping of a full and accurate record of all proceedings

and of all resolutions, regulations and orders issued or adopted;

and

3. An annual audit or, at the Commission's discretion, a review

or compilation in compliance with standards promulgated by the

American Institute of Certified Public Accountants, provided that a

complete audit shall be conducted at least every three (3) years of

the receipts and disbursements which shall be filed with the

commission and with the county clerk of each county within the

conservation district.
Okla. Stat. tit. 27A, § 27A-2-16-107 — OK Code / Title 27A / Section 27A-2-16-107
Construction of act
Status: in_force

Nothing in the Oklahoma Refinery Revitalization Act shall be

construed to waive the applicability of any environmental laws and

rules to any refinery facility.
Okla. Stat. tit. 27A, § 27A-2-5-117 — OK Code / Title 27A / Section 27A-2-5-117
Civil actions - Injunctions - Abatement - Civil
Status: in_force

penalties.

A. The Department shall have the authority to commence a civil

action for a permanent or temporary injunction or other appropriate

relief, or to require abatement of any emission or correction of any

contamination, or to seek and recover a civil penalty of not more

than Ten Thousand Dollars ($10,000.00) per day for each violation,

or all of the above, in any of the following instances:

1. Whenever any person has violated or is in violation of any

applicable provision of the Oklahoma Clean Air Act, or any rule

promulgated thereunder;

2. Whenever any person has commenced construction, modification

or operation of any source, or operates any source in violation of

the requirement to have a permit, or violates or is in violation of

any substantive provision or condition of any permit issued pursuant

to the Oklahoma Clean Air Act; or

3. Whenever any person has violated any order of the Department

or the Council or any requirement to pay any fee, fine or penalty

owed to the state pursuant to the Oklahoma Clean Air Act.

B. The district attorney or attorneys having jurisdiction shall

have primary authority and responsibility for prosecution of any

civil or criminal violations under the Oklahoma Clean Air Act and

for the collection of any delinquent fees, penalties or fines

assessed pursuant to the Oklahoma Clean Air Act and shall be

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 120

entitled to recover reasonable costs of collection, including

attorney fees, and an appropriate fee of up to fifty percent (50%)

for collecting delinquent fees, penalties or fines.
Okla. Stat. tit. 27A, § 27A-2-6-501.3 — OK Code / Title 27A / Section 27A-2-6-501.3
Promulgation of rules
Status: in_force

The Board shall promulgate rules which shall include, but not be

limited to, the following:

1. Prohibiting the practice of plowing sludge that contains

heavy metal concentrations significantly above concentrations normal

to sludges with demonstrated effectiveness on Oklahoma soils prior

to completion of a comprehensive study of all potential adverse

effects by a qualified research institute familiar with the crops

and soils of the State of Oklahoma, into or onto the soil surface;

2. Requiring that each load of sludge generated outside the

State of Oklahoma be sampled at the location at which it is

generated and have appropriate analysis performed by an independent

laboratory certified by the Department with random quality assurance

samples taken by the Department to assure that the sludge falls

within the requirements established by the Board; and

3. Requiring the generators to submit the following

information: Dates of shipment and application of sludge; weather

conditions upon delivery and application; location of sludge

application site; area to be used for land application; amount of

sludge delivered or applied; a copy of the test results showing the

quality of the sludge; and a copy of the sludge use agreement. Such

records shall be retained by the Department for a period of five (5)

years after any land application of sludge and shall be made

available to the public for inspection.
Okla. Stat. tit. 27A, § 27A-2-7-106 — OK Code / Title 27A / Section 27A-2-7-106
Rules and regulations - Hearings - Consultation and
Status: in_force

advice.

The Council, with at least five members concurring, shall submit

recommended rules to the Board concerning the listing and

characterization of hazardous waste, the construction and operation

of hazardous waste facilities, specific disposal practices for

specified wastes, the transportation and storage of hazardous waste,

and the recycling, storage and transportation of recyclable

materials. The Council shall consult with and advise the Department

on matters relating to hazardous waste management.
Okla. Stat. tit. 27A, § 27A-2-3-104 — OK Code / Title 27A / Section 27A-2-3-104
Complaints program
Status: in_force

A. The complaints program shall, in addition to the

responsibilities specified by Section 2-3-101 of this title, refer,

upon written request, all complaints in which one of the

complainants remains unsatisfied with the Department's resolution of

said complaint to an outside source trained in mediation.

Complainants and persons named in the complaint shall be made aware

that participation in the mediation process conducted by the outside

source is completely voluntary and confidential. Fulfillment of any

agreements reached in mediation shall be up to the parties of the

dispute. Participation in the mediation process shall not hinder or

interfere with any enforcement action taken by the Department.

Mediation may run parallel to any enforcement action. Participation

by a complainant in the mediation process shall not preclude such

complainants from seeking other relief provided by law.

B. The complaints program shall maintain a roster of certified

mediators which will be available to the public.

C. The complaints program shall document the outcome of

mediations to determine compliance with mediated agreements and for

documentation of program success.
Okla. Stat. tit. 27A, § 27A-1001 — OK Code / Title 27A / Section 27A-1001
Renumbered as § 2-6-201 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-3-3-412 — OK Code / Title 27A / Section 27A-3-3-412
Operation and maintenance of structures for flood
Status: in_force

control.

Except as otherwise provided by state or federal law, a

conservation district’s responsibility for the operation and

maintenance of any structure for the purpose of flood control

pursuant to any contractual, statutory, regulatory or other legal

authority or obligation, shall not be deemed to include maintaining,

protecting or improving the quality of any soil, air, groundwater or

surface water or biota affected by, near or comprising any part of

the structure, including any water, soil or sediment pooled,

impounded or diverted by the structure, including but not limited

to, monitoring, limiting, or abating or otherwise controlling or

eliminating any point source or nonpoint source pollution or any

other biological, chemical, radiological or physical contamination

by any source or mechanism.
Okla. Stat. tit. 27A, § 27A-2-11-401.6 — OK Code / Title 27A / Section 27A-2-11-401.6
Rules, reports and inspections - Duties of Tax
Status: in_force

Commission and Department of Environmental Quality.

A. 1. The Oklahoma Tax Commission shall promulgate rules to

carry out the provisions of the Oklahoma Used Tire Recycling Act

which pertain to the remittance of fees and to the payment of monies

accruing to the Used Tire Recycling Indemnity Fund.

2. Upon receipt of any referral from the Department of

Environmental Quality, as set out in paragraph 7 of subsection B of

this section, it shall be the duty of the Tax Commission to promptly

undertake proceedings in accordance with the recommendations of the

Department. The Tax Commission shall timely report the results of

the proceedings to the Department.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 282

3. On a monthly basis, the Tax Commission shall provide to the

Department a report of the fees remitted by each tire dealer and

licensed operator pursuant to Section 2-11-401.2 of this title.

B. 1. The Department of Environmental Quality shall prescribe

forms, containing documentation as required by the Oklahoma Used

Tire Recycling Act, to be used by a used tire recycling facility,

TDF facility, or person, corporation or other legal entity

authorized to receive reimbursement.

2. On at least a monthly basis, the Department shall evaluate

and process applications and shall report to the Tax Commission

compliance and allocation information necessary for the Tax

Commission to issue payment of monies from the fund.

3. The Department shall make periodic inspections of applicants

for compensation to ensure compliance with the provisions of Section

2-11-401.4 of this title. The Department shall submit a summary of

the results of those inspections in an annual report to the office

of the State Auditor and Inspector.

4. The Environmental Quality Board shall promulgate rules for

the permitting of used tire recycling facilities under the Oklahoma

Solid Waste Management Act and for the certification of any entity

to receive compensation under the provisions of the Oklahoma Used

Tire Recycling Act.

5. The Department shall file a report with the Legislature and

the Governor detailing the administration of the Oklahoma Used Tire

Recycling Act and its effectiveness in bringing about the cleanup of

existing used tire dumps and in preventing the development of new

dumps. The first report shall be filed by no later than December

31, 1992. Subsequent reports shall be filed every three (3) years

thereafter.

6. In developing the priority cleanup list, the Department

shall prioritize those dumps where the landowner was a victim of

illegal dumping. Any other tire dump may be placed on the priority

cleanup list in cases where the administrative enforcement process

has been exhausted, and in such case, the Department may provide for

the cleanup of the dump pursuant to Section 2-11-401.7 of this

title.

7. The Department shall make periodic inspections of tire

dealers and licensed operators throughout this state to ensure

compliance with the provisions of Section 2-11-401.2 of this title.

Upon a finding of any failure to properly remit the appropriate fee

to the Tax Commission, the Department shall give written notice to

the alleged violator and may commence administrative enforcement

proceedings or civil proceedings in conformance with the provisions

of Sections 2-3-502 and 2-3-504 of this title. If the Department

determines that the fee has not been paid and there is no reasonable

cause for the nonpayment, the Department may assess a penalty of

double the amount that should have been remitted, to be added to the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 283

delinquent fee. If the Department determines any tire dealer or

licensed operator has demonstrated a flagrant or repeated disregard

of the provisions of Section 2-11-401.2 of this title, it shall

refer such determination to the Tax Commission.

C. 1. By August 1, 1994, and every even year thereafter, the

State Auditor and Inspector shall perform or shall contract with an

auditor or auditing company to perform an independent audit, as

defined in paragraph 4 of subsection B of Section 212 of Title 74 of

the Oklahoma Statutes, of the books, records, files and other such

documents of the Tax Commission and the Department pertaining to the

administration of the Fund. The audit shall include, but shall not

be limited to, a review of agency and claimant compliance with state

statutes regarding the Fund, internal control procedures, adequacy

of claim process expenditures from and debits of the Fund regarding

reimbursements, administration, personnel, operating and other

expenses charged by the Tax Commission and Department, and the

duties performed in detail by agency personnel and Fund personnel

for which payment is made from the Fund. In addition the audit

shall include recommendations for improving claim processing,

equipment needed for claim processing, internal control or structure

for administering the Fund, and such other areas deemed necessary by

the State Auditor and Inspector.

2. The cost of the audit shall be borne by the Fund, pursuant

to the limits and provisions of Section 2-11-401.4 of this title.

3. Copies of the audit shall be submitted to the Governor, the

Speaker of the House of Representatives, the President Pro Tempore

of the Senate and the Chairs of the Appropriations Committee of both

the Oklahoma House of Representatives and the Oklahoma State Senate.
Okla. Stat. tit. 27A, § 27A-2-5-109 — OK Code / Title 27A / Section 27A-2-5-109
Variances - Petition - Incremental compliance
Status: in_force

schedule - Final order - Periodic reports.

A. Any person seeking a variance from any provision of the

Oklahoma Clean Air Act, or from any applicable air quality rule,

shall do so by filing a petition for variance with the Department,

who shall promptly investigate such petition and make a

recommendation to the Council as to the disposition thereof. Upon

receiving the recommendation of the Department, the Council may, in

its discretion, determine whether or not an administrative hearing

is necessary in granting a variance. Such hearing shall be held as

provided in the Administrative Procedures Act, except the burden of

proof shall be on the petitioner. The petitioner shall be notified

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 106

by the Department of the time and place of the administrative

hearing.

B. The Council may grant individual variances beyond the

limitations prescribed in the Oklahoma Clean Air Act, whenever it is

found, upon presentation of adequate proof, that compliance with any

provision of the Oklahoma Clean Air Act, or any rule promulgated

thereunder, will result in an arbitrary and unreasonable taking of

property or in the practical closing and elimination of any lawful

business, occupation or activity, in either case without sufficient

corresponding benefit or advantage to the people, the environment or

to public health. The Council may also propose rules applicable to

such variances.

C. In determining under what conditions and to what extent a

variance from the Oklahoma Clean Air Act or any rule promulgated

thereunder may be granted, the Council shall give due recognition to

the progress which the person requesting such variance shall have

made in eliminating or preventing air pollution. In such a case,

the Council shall consider the reasonableness of granting a variance

conditioned upon such person effecting a partial abatement of the

particular air pollution over a period of time which it shall

consider reasonable under the circumstances.

D. If the Council deems proper, such an incremental compliance

schedule may be imposed and shall contain a date or dates certain by

which compliance with otherwise applicable rules or provisions of

the Oklahoma Clean Air Act shall be achieved. The Council may also

include provisions whereby a penalty of up to Ten Thousand Dollars

($10,000.00) per day may be assessed for failure to achieve

compliance by the date(s) specified in the compliance schedule, if

any, and taking into account conditions beyond the control of the

applicant.

E. The Council, in conformity with the intent and purpose of

the Oklahoma Clean Air Act to protect health, welfare and property,

may also prescribe other and different requirements with which the

person who receives such variance shall comply.

F. Any variance granted pursuant to the provisions of this

section shall constitute a final order, shall be in writing, and

shall be granted for a period of time not to exceed three (3) years.

Any variance so granted shall require to be submitted to the

Department such periodic reports as the Council shall specify as to

the progress which such person shall have made toward compliance

with any rule as to which a variance has been granted. Such

variance may, for good cause shown, be extended on a year-to-year

basis by affirmative action of the Council.

G. Nothing in this section shall be construed to preclude the

informal disposition of any matter by stipulation, agreed

settlement, consent order or default.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 107
Okla. Stat. tit. 27A, § 27A-3-2-104 — OK Code / Title 27A / Section 27A-3-2-104
Chairman, quorum and expenses
Status: in_force

The Commission shall reorganize annually and select a chairman

from among its members who shall serve for one (1) year from the

date of selection. A member of the Commission shall hold office so

long as such member retains the office by virtue of which he shall

be serving on the Commission. A majority of the Commission shall

constitute a quorum, and the concurrence of a majority in any matter

within their duties shall be required for its determination. The

chairman and members of the Commission shall be entitled to receive

reimbursement for traveling expenses necessarily incurred in the

performance of their duties in accordance with the State Travel

Reimbursement Act.
Okla. Stat. tit. 27A, § 27A-2-10-301 — OK Code / Title 27A / Section 27A-2-10-301
Permit required - Exemptions - Remediation projects
Status: in_force

A. Except as otherwise specified in this section:

1. No person shall dispose of solid waste at any site or

facility other than a site or facility for which a permit for solid

or hazardous waste disposal has been issued by the Department of

Environmental Quality;

2. No person shall own or operate a site or facility at which

solid waste is disposed other than a site or facility for which a

permit for solid or hazardous waste disposal has been issued by the

Department;

3. No person shall knowingly transport solid waste to an

unpermitted site or facility; and

4. The Department shall not bring an enforcement action against

any unit of local government which undertakes any remediation of an

illegal dump which the local government had no role in creating

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 235

provided that the unit of local government first consults with and

follows the remediation advice of the Department. The Department is

authorized to recommend remediation of illegal dumps by burial of

the material on location, when such burial appears to pose less risk

than failure to remediate.

B. No provision of the Oklahoma Solid Waste Management Act

shall be construed to prevent a person from disposing of solid waste

from his or her household upon his or her property provided such

disposal does not create a nuisance or a hazard to the public health

or environment or does not violate a local government ordinance.

C. Notice of permit actions shall be in accordance with the

Uniform Permitting Act.

D. The Department shall issue a permit to be effective for the

life of a given landfill site. The Environmental Quality Board may

promulgate rules regarding permit requirements for the commencement

of construction and operation of disposal sites. The rules

promulgated by the Board for the commencement of construction and

operation of landfill sites shall not apply to sites permitted prior

to the effective date of this act. For sites using new technology,

the Department may issue research and development permits to be

effective for specified periods of time. In order to assure

adequate financial assurance as required by this section, each

permittee who operates a landfill disposal site, other than a

generator owned and operated private industrial nonhazardous

monofill, shall submit information on an annual basis at such times

and in such form as the Department shall require, sufficient to

allow the Department to know the remaining landfill life.

E. Information and data submitted in support of a permit

application or a permit modification application for any site

serving a population equivalent of five thousand (5,000) or more

persons shall be prepared and sealed by a professional engineer

licensed to practice in this state. Applicants for smaller site

permits are encouraged but not required to seek professional

engineering assistance.

F. The Department shall not issue any permit for the siting or

expansion of an asbestos monofill which will be located closer than

five hundred (500) yards from any occupied residence. No asbestos

monofill shall be constructed within three (3) miles of the

corporate boundaries of any city or town.

G. Disposal sites approved by the Department to receive only

solid waste shall not accept for disposal any waste classified as

hazardous waste.

H. No permit shall be required for a disposal site constructed

pursuant to an order issued by the Department in an effort to

remediate an abandoned or inactive waste site. Such disposal site

shall only receive waste from the remediation project, and shall be

designed, constructed, and operated in accordance with the technical

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 236

standards established in the applicable rules promulgated by the

Environmental Quality Board. Such rules shall not be less stringent

than those which would apply to a federally funded remediation

project pursuant to the federal Comprehensive Environmental

Response, Compensation and Liability Act.

I. The Department shall not issue any permit for the siting of

a new municipal solid waste landfill in any location that is both:

1. Within a locally fractured or cavernous limestone or cherty

limestone bedrock; and

2. Within five (5) miles of any water well owned by a rural

water district that is used or has the potential to be used to

provide water to customers of the district.

J. No permit shall be required for a project approved by the

Department and a local conservation district to use suitable

portions of the solid waste stream to reclaim and restore Oklahoma

lands.
Okla. Stat. tit. 27, § 27-6 — OK Code / Title 27 / Section 27-6
Private person or corporation - Eminent domain by
Status: in_force

Any private person, firm or corporation shall have power to

exercise the right of eminent domain in like manner as railroad

companies for private ways of necessity or for agriculture, mining

and sanitary purposes.

R.L. 1910, § 3189.
Okla. Stat. tit. 27A, § 27A-2-10-203 — OK Code / Title 27A / Section 27A-2-10-203
Department of Environmental Quality designated state
Status: in_force

agency for participation in federal program.

The Department is hereby designated the agency to implement the

federal Solid Waste Disposal Act (Public Law 89-272) as it exists or

may be amended.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 232
Okla. Stat. tit. 27A, § 27A-2-12-301 — OK Code / Title 27A / Section 27A-2-12-301
Certification - Waiver - Renewal
Status: in_force

A. An applicant who has paid the required nonrefundable

certification fees and has complied with the requirements of this

article and rules promulgated thereunder, including, but not limited

to, education, training, experience and examination prerequisites,

shall be certified by the Department of Environmental Quality.

B. The Department may waive some or all of its testing,

training, experience, or examination requirements for certification

if the applicant presents a currently valid certificate or license

issued to him by another state or certifying agency or institution

or national nonprofit organization for lead-based paint services, if

the Department finds that the certification requirements of the

issuer in effect at the time of issuance are equivalent to its

certification requirements; provided, however, that no certification

shall be issued under this subsection unless the holder of the

certificate would be issued a similar certificate or license by such

other state, certifying agency, or organization under substantially

the same conditions.

C. Any certificate issued under this section shall be renewed

by the April 1 occurring not more than one year after the date of

the most recent date of issuance, renewal, reactivation or

reinstatement. Thereafter, the certificate may be renewed for a

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 303

one-year period beginning April 1 and ending March 31 of the

following year.

D. A certificate shall be renewed upon approval of the

Department. Application for such renewal shall be submitted to the

Department on forms prescribed by the Department, shall be

accompanied by a nonrefundable renewal fee as set by the Board and

shall include documentation that the applicant has met the annual

renewal requirements of the Department. The Department shall allow

a thirty-day grace period for such renewals without payment of late

fees, provided the applicant submits the required renewal fee and

qualifies for such renewal.

E. A certificate which is not so renewed shall expire on April

30 after the thirty-day grace period, and shall have no further

validity unless the Department, upon receipt of an application from

the holder of the expired certificate within one (1) year after the

certificate's March 31 renewal date, reactivates and renews such

certificate. Such reactivation and renewal application shall

include the submission of data on forms prescribed by the

Department, nonrefundable renewal and reactivation late fees as set

by the Environmental Quality Board, and documentation that the

applicant has met the Department's renewal requirements. A

reactivated certificate may be renewed annually thereafter as

provided in this section.

F. The holder of an expired and unreactivated certificate shall

not be issued any new certificate unless the certificate holder

applies and qualifies therefor pursuant to this article and rules

promulgated thereunder.

G. Any certificate issued pursuant to the Oklahoma Lead-based

Paint Management Act may contain such conditions or restrictions as

the Department shall deem necessary or appropriate.

H. A certificate shall not be issued pursuant to the provisions

of this article to any entity other than an individual or firm.
Okla. Stat. tit. 27A, § 27A-3-8-103 — OK Code / Title 27A / Section 27A-3-8-103
North Canadian Watershed Restoration Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Conservation Commission to be designated the "North

Canadian Watershed Restoration Revolving 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 from

appropriations, federal grants or funds, municipal contributions,

private contributions, and any other sources, including interest

earned from the income in the fund, that are designated for deposit

to such fund or designated for duties associated with harmful woody

species removal from the North Canadian Watershed. All monies

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

be budgeted and expended by the Conservation Commission to perform

the duties imposed on the Commission by law. 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-2-7-303 — OK Code / Title 27A / Section 27A-2-7-303
Definitions
Status: in_force

As used in the Hazardous Waste Fund Act and in addition to the

definitions used in the Oklahoma Hazardous Waste Management Act:

1. "Discharge" means any releasing, spilling, leaking,

leaching, seeping, pouring, draining, emptying, dumping, expelling

or any other emitting of hazardous waste into the environment beyond

the confines of a licensed disposal site; and

2. "Incident" means any occurrence or series of occurrences

which result in the discharge of hazardous waste which create an

injury to any person or property.
Okla. Stat. tit. 27A, § 27A-2-5-115 — OK Code / Title 27A / Section 27A-2-5-115
Small business technical and environmental compliance
Status: in_force

assistance - State Air Quality Ombudsman Office for Small

Businesses.

A. The Department shall establish a small business stationary

source technical and environmental compliance assistance program.

The purpose of such program shall be to provide information to small

businesses to assist them in achieving compliance with the

requirements of the Oklahoma Clean Air Act and the Federal Clean Air

Act. It shall be the duty of the Department to:

1. Develop, collect and coordinate information concerning

compliance methods and technologies for small business stationary

sources;

2. Assist small businesses with pollution prevention and

accidental release detection and prevention, including providing

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 116

information concerning alternative technologies, process changes,

products, and methods of operation that help reduce air pollution;

3. Develop a compliance assistance program for small business

stationary sources to assist them in determining applicable

requirements and in receiving permits in a timely manner;

4. Assure that small business stationary sources receive notice

of their rights under the Oklahoma Clean Air Act and the Federal

Clean Air Act, in such manner and form as to assure reasonably

adequate time for such sources to evaluate compliance methods and

any relevant or applicable proposed or final regulation or standard;

5. Develop procedures for informing small business stationary

sources of their obligations pursuant to the Oklahoma Clean Air Act,

including mechanisms for referring such sources to qualified

auditors in order that they may determine compliance with the

Oklahoma Clean Air Act or the Federal Clean Air Act; and

6. Develop procedures for considering requests from small

businesses for modification of work practices or technological

compliance methods when in accordance with the Oklahoma Clean Air

Act or the Federal Clean Air Act.

B. The Executive Director shall designate an employee within

the Department to serve as the State Air Quality Ombudsman for

Small Businesses. Such designee shall assume the responsibility for

monitoring the small business stationary source technical and

environmental compliance assistance program under this section. The

Ombudsman shall:

1. Evaluate and report on all aspects of the small business

stationary source technical and environmental compliance assistance

program including, but not limited to:

a. comments and recommendations to the Environmental

Protection Agency and the state regarding development

and implementation of regulations,

b. the impact of the Oklahoma Clean Air Act and the

Federal Clean Air Act on the state's economics, local

economics and small businesses,

c. review the work and services of the small business

stationary source technical and environmental

compliance assistance program with trade associations

and small business representatives;

2. Interact with the state and small businesses to:

a. facilitate small business participation in new

regulation development,

b. disseminate information,

c. sponsor meetings, and

d. refer small businesses to the appropriate areas of the

small business stationary source technical and

environmental compliance assistance program where they

may obtain information on assistance or find

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 117

affordable alternatives in controlling emissions and

precluding accidental releases; and

3. Interface with:

a. the Small Business Administration, the Department of

Commerce and other state, local, regional and federal

agencies which have programs to finally assist small

businesses in compliance with environmental

regulations, and

b. private sector financial institutions in locating

sources of funds to comply with state-local air

pollution regulations.

C. There is hereby created a Compliance Advisory Panel with

responsibilities consistent with the requirements in Title V of the

Federal Clean Air Act. Panel members shall serve without

compensation but shall be entitled to travel expenses according to

the provisions of the State Travel Reimbursement Act. Funds to

cover the operational expenses of the panel shall be allocated and

administered by the Department through the small business stationary

source technical and environmental compliance assistance program.

The panel shall consist of seven (7) members as follows:

1. Two members who are not owners, or representatives of

owners, of small business stationary sources selected by the

Governor to represent the general public;

2. Two members who are owners, or who represent owners, of

small business stationary sources to be selected, one each, by the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives;

3. Two members who are owners, or who represent owners, of

small business stationary sources to be selected, one each, by the

minority leader of the Senate and the minority leader of the House

of Representatives; and

4. One member selected by the Executive Director to represent

the Department.

D. Each member of the Compliance Advisory Panel shall be

appointed for a term of seven (7) years terminating on January 15,

except the term of those first appointed shall expire as follows:

1. The first appointee of the Governor shall serve for one (1)

year;

2. The appointee of the House minority leadership shall be for

two (2) years;

3. The appointee of the House majority leadership shall be for

three (3) years;

4. The appointee of the Senate minority leadership shall be for

four (4) years;

5. The appointee of the Senate majority leadership shall be for

five (5) years;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 118

6. The second appointee of the Governor shall be for six (6)

years; and

7. The appointee of the Executive Director shall be for seven

(7) years.

E. The terms of all members shall continue until their

successors shall have been duly appointed. If a vacancy occurs, the

designated appointing official shall name a replacement for the

remaining portion of the unexpired term created by the vacancy.

F. The Compliance Advisory Panel shall have the authority and

the duty to:

1. Render advisory opinions on the effectiveness of the state

small business stationary source technical and environmental

compliance assistance program, difficulties encountered, and the

degree and severity of enforcement;

2. Make periodic reports to the administrator of the

Environmental Protection Agency concerning the compliance status of

the state small business stationary source technical and

environmental compliance assistance program with the requirements of

the Paperwork Reduction Act, the Regulatory Flexibility Act, and the

Equal Access to Justice Act; and

3. Review information for small business stationary sources to

assure such information is understandable by the layperson.
Okla. Stat. tit. 27A, § 27A-2-5-111 — OK Code / Title 27A / Section 27A-2-5-111
Field citations - Election of penalty or hearing -
Status: in_force

Qualifications of persons issuing citations.

A. The Department of Environmental Quality shall have the

authority, pursuant to rules of the Board, to implement a field

citation program establishing appropriate violations for which field

citations assessing administrative penalties may be issued. No

citation shall assess a penalty in excess of One Thousand Dollars

($1,000.00) per day, or part of a day, per violation, nor exceed a

combined limit of Five Thousand Dollars ($5,000.00) per day.

Provided further, no field citation shall be valid unless reviewed

for legal sufficiency within ten (10) days of issuance.

1. Any person to whom a field citation is issued may elect to

pay the penalty assessment or to request an enforcement hearing.

The assessment shall become final and payable unless the request for

hearing is made in writing within fifteen (15) days of the citation.

Upon such request, the Department shall promptly schedule the

enforcement hearing before an administrative law judge for the

Department and notify the respondent.

2. Payment of a penalty required by a field citation shall not

be construed as an admission of liability or guilt and shall

preclude further assessment of administrative penalties for the same

violation. It shall not, however, be a defense to further

enforcement by the Department for a subsequent violation or to an

assessment of the statutory maximum penalty for criminal violations

pursuant to other authority in the Oklahoma Clean Air Act.

3. In determining the amount of any penalty to be assessed

pursuant to this section, the person issuing a field citation shall

take into account the seriousness of the violation, any good faith

efforts to comply with applicable requirements and other factors

determined by rule to be relevant.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 109

B. Qualifications of persons authorized to issue field

citations shall be set by the Department, but shall include as a

minimum:

1. Completion of a special course of study developed by the

Department specifically for the training of persons for this

purpose;

2. A minimum of three (3) years' experience in the air quality

service enforcement program;

3. A job classification commensurate with the duties and

responsibilities of the individual; and

4. Approval by the Executive Director.
Okla. Stat. tit. 27A, § 27A-3-3-304 — OK Code / Title 27A / Section 27A-3-3-304
Election of directors
Status: in_force

A. The Conservation Commission shall designate the polling

places in the district.

B. The names of all candidates who have filed a proper

notification and declaration and have been found eligible by the

Commission within the time herein designated shall be printed on a

ballot prescribed by the Commission.

C. The Commission shall declare the candidate receiving the

largest number of votes cast in an election, elected.

D. When two or more candidates receive the same number of votes

cast, a runoff election shall be held within thirty (30) days from

date of the first election in the manner prescribed above.

E. The Commission shall prescribe rules for holding elections

pursuant to the provisions of this section, pay for the elections,

supervise the conduct and shall publish the results.

F. When only one qualified candidate files a notification and

declaration of candidacy for the office of director in a district as

provided herein, no election shall be necessary and the Commission

shall declare the person elected.

G. The Commission shall issue a certificate to all elected

directors signifying their election to the office of director of

their district.
Okla. Stat. tit. 27A, § 27A-2-3-106 — OK Code / Title 27A / Section 27A-2-3-106
Pollution prevention, defined
Status: in_force

As used in this act and the Oklahoma Environmental Quality Act

and the Oklahoma Environmental Quality Code, unless otherwise

specified:

1. "Pollution prevention" means any practice which reduces the

use of any hazardous substance or amount of any pollutant or

contaminant prior to recycling, treatment or disposal, and reduces

the hazards to public health and the environment associated with the

use or release or both of such substances, pollutants or

contaminants. The term "pollution prevention" shall not include or

in any way be construed to promote or require substitution of one

hazardous waste for another, treatment, increased pollution control,

off-site recycling, or incineration.
Okla. Stat. tit. 27A, § 27A-3-3-409 — OK Code / Title 27A / Section 27A-3-3-409
Restriction on use of funds
Status: in_force

No funds from the Small Watersheds Flood Control Fund shall be

used to acquire, by condemnation, lands under and existing valid oil

and gas mining lease from which oil and/or gas are being produced.
Okla. Stat. tit. 27A, § 27A-2-7-128 — OK Code / Title 27A / Section 27A-2-7-128
Administrative penalties - Disposition and use
Status: in_force

Administrative penalties collected by the Department pursuant to

the Oklahoma Hazardous Waste Management Act shall be paid into the

Hazardous Waste Fund.
Okla. Stat. tit. 27A, § 27A-2-3-507 — OK Code / Title 27A / Section 27A-2-3-507
Compliance schedules
Status: in_force

Political subdivisions may, when compliance with environmental

standards would create excessive debt, enter into compliance

schedules with the Department of Environmental Quality to prioritize

compliance based on their greatest environmental or other public

health and safety needs. Excessive debt is indicated when the work

needed for compliance would require a capital cost or user charge

significantly beyond the per-household cost for similar sized

communities within the state. Penalties shall not be assessed if a

political subdivision complies with the schedule authorized by the

Department.
Okla. Stat. tit. 27A, § 27A-2-7-131 — OK Code / Title 27A / Section 27A-2-7-131
Initiation and prosecution of action
Status: in_force

Upon request of the Department, the district attorney of the

county in which any violation of the Oklahoma Hazardous Waste

Management Act or rules promulgated thereunder occurs shall initiate

and prosecute any civil or criminal proceeding provided by the

Oklahoma Hazardous Waste Management Act.
Okla. Stat. tit. 27A, § 27A-2202 — OK Code / Title 27A / Section 27A-2202
Legislative findings
Status: in_force

A. The Legislature recognizes that historic lead and zinc

mining operations have caused severe environmental degradation in

areas of this state. The Legislature further recognizes that this

degradation has caused the United States Environmental Protection

Agency to place large areas within the state, including entire

municipalities, on its Superfund National Priorities List of the

most seriously contaminated sites in the nation.

B. The Legislature finds that lead poses a unique threat to

children six (6) years of age and younger. During this period of

their development children are particularly vulnerable to

neurological damage caused by lead exposure. The effects of this

childhood exposure can continue throughout their lives.

C. The Legislature hereby finds and determines that, as shown

by studies conducted by the State Department of Health and the

United States Indian Health Service, children six (6) years of age

and younger, living in the vicinity of these former mining areas,

exhibit blood lead levels above the thresholds considered dangerous

to human health, and continued exposure of such children to lead

constitutes a significant danger to the health of such children in

the future. Further, the Legislature hereby determines a need

exists to remedy the problem, by providing incentives for families

with children six (6) years of age and younger to relocate outside

the area of contamination.

D. The Legislature further recognizes that much of the damage

caused by historic lead and zinc mining has resulted in a serious

subsidence risk in the affected areas. The United States Army Corps

of Engineers has identified municipalities within those areas where

the risk of subsidence poses an imminent risk to the public and the

Legislature therefore finds that a need exists to remedy this

problem by expanding the purpose of this act to provide incentives

for those owning or leasing property in the affected areas to

relocate to areas of greater safety.
Okla. Stat. tit. 27A, § 27A-1-2-104 — OK Code / Title 27A / Section 27A-1-2-104
Environmental Programs 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 Programs 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 appropriations, fees, charges, penalties, and any

other sources 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.
Okla. Stat. tit. 27A, § 27A-2-6-402 — OK Code / Title 27A / Section 27A-2-6-402
Rules - Exemptions
Status: in_force

A. The Board shall promulgate rules as necessary to implement

the provisions of this part pertaining to the treatment of

nonindustrial wastewater, and the treatment, storage, use and

disposal of sewage sludge and other waste by wastewater treatment

systems or treatment works. Such rules shall include but are not

limited to requirements for:

1. The construction, operation and extension of municipal,

public, private and other nonindustrial wastewater treatment systems

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 153

or treatment works, including the construction or use of surface

impoundments and lagoons;

2. Pretreatment;

3. Control tests, laboratory checks, monitoring or operating

records and reports;

4. Applications, plans and specifications, permitting and other

authorizations;

5. The monitoring, maintenance and closure of wastewater

treatment systems; and

6. Treatment, sampling, record keeping, reporting and other

requirements for sewage sludge consistent with federal regulations.

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

therefor, of specified categories of wastewater treatment systems or

treatment works for small public sewage systems from any of the

requirements thereof if the public health or the environment will

not thereby be endangered. Provided, no exemption shall be allowed

which is inconsistent with applicable minimum federal requirements

for discharges or use, transportation or disposal of sludge.
Okla. Stat. tit. 27A, § 27A-11 — OK Code / Title 27A / Section 27A-11
Renumbered as § 1-1-203 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-10-805 — OK Code / Title 27A / Section 27A-2-10-805
Solid Waste Facility Emergency Closure Fund Special
Status: in_force

Account.

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

fund for the Department of Environmental Quality to be designated

the "Solid Waste Facility Emergency Closure Fund Special Account".

The fund account shall be a continuing fund account, not subject to

fiscal year limitations. All monies accruing to the credit of said

fund account are hereby appropriated and may be budgeted and

expended by the Department for the purpose specified by this

section.

B. The fund shall contain only monies appropriated by the

Legislature and specifically designated for deposit to the fund.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 260

C. Expenditures from the fund account shall be made upon

vouchers prescribed by the State Treasurer and issued by the

Department against the Solid Waste Facility Emergency Closure Fund

Special Account.

D. No monies shall be expended by the Department from the Solid

Waste Facility Emergency Closure Fund Special Account except for

closure and monitoring activities at landfill disposal sites where

the owner or operator has failed to adequately provide closure and

postclosure care and where the financial assurance, as specified in

Section 2-10-701 of this title, is insufficient to properly close or

monitor the site as required by the rules, and for any action

determined to be necessary by the Department for the pursuit of cost

recovery as required by this section.

E. The Department shall expeditiously pursue all remedies

available to compel the legally responsible parties to perform

closure and postclosure monitoring and care as required by the

rules, and to seek the recovery of any funds expended by the

Department under this section. The Department shall utilize staff

or outside counsel to assure such expeditious pursuit of remedies.

F. Nothing in this section shall be construed as a state

mechanism for the financial assurance required of disposal site

owners and operators under Section 2-10-701 of this title.
Okla. Stat. tit. 27A, § 27A-2-11-101 — OK Code / Title 27A / Section 27A-2-11-101
Recycling of waste - Studies
Status: in_force

The Department of Environmental Quality shall provide for the

development of a prioritized agenda of studies necessary to provide

information to facilitate the design and implementation of recycling

initiatives. Such studies may include, but not be limited to:

1. Waste composition analyses for urban and rural areas;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 265

2. Surveys to delineate the knowledge, opinions, and

preferences of Oklahoma citizens and businesses with respect to

recycling;

3. A range of municipal recycling demonstration projects;

4. Yard waste composting demonstration projects to assist in

reclaiming strip-mined land;

5. An assessment of management options for hard-to-handle

wastes such as lead-acid batteries, used motor oil, and white goods;

and

6. An assessment, in cooperation with the Department of

Commerce, of the condition of markets for materials which are being

or could be recovered from the municipal solid waste stream in

Oklahoma.

It is the intent of the Legislature that as funds become

available, the Department of Environmental Quality shall cause the

studies specified by this section to be conducted.
Okla. Stat. tit. 27A, § 27A-2-11-503 — OK Code / Title 27A / Section 27A-2-11-503
Plastic container labeling - Codes - Penalty
Status: in_force

A. No person shall distribute, receive for sale or offer for

sale in this state any plastic bottle or rigid plastic container

unless such container is labeled with a code identifying the

appropriate resin type used to produce the structure of the

container.

B. The code shall consist of a number placed within three

triangulated arrows and letters placed below the triangle of arrows.

The triangulated arrows shall be equilateral, formed by three arrows

with the apex of each point of the triangle at the midpoint of each

arrow, rounded with a short radius. The pointer (arrowhead) of each

arrow shall be at the midpoint of each side of the triangle with a

short gap separating the pointer from the base of the adjacent

arrow. The triangle, formed by the three arrows curved at their

midpoints shall depict a clockwise path around the code number. The

numbers and letters used shall be as follows:

1. = PETE (polyethylene terephthalate);

2. = HDPE (high density polyethylene);

3. = V (vinyl);

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 288

4. = LDPE (low density polyethylene);

5. = PP (polypropylene);

6. = PS (polystyrene);

7. = OTHER.

C. The Department shall maintain a list of the label codes

provided in subsection B of this section and shall provide a copy of

that list to any person upon request.

D. The Board may promulgate by rule a different plastic

container labeling system than the one specified in this statute if

there is any change in the nationally recognized standard codified

herein.

E. Any person convicted of violating the provisions of the

Plastic Container Labeling Act shall be guilty of a misdemeanor.
Okla. Stat. tit. 27A, § 27A-2-11-601 — OK Code / Title 27A / Section 27A-2-11-601
Short title
Status: in_force

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

Computer Equipment Recovery Act".
Okla. Stat. tit. 27A, § 27A-2-10-901 — OK Code / Title 27A / Section 27A-2-10-901
Powers and duties of cities and towns
Status: in_force

A. All incorporated cities and towns may directly or through a

public trust of which it is a beneficiary develop a plan, subject to

the approval of the Department of Environmental Quality, to provide

a solid waste management system and shall adequately provide for the

collection and disposal of solid waste generated or existing within

the incorporated limits of such city or town or in the area to be

served thereby at one or more disposal sites. The governing body of

the city or town may enter into agreements with a county or

counties, with one or more other incorporated towns or cities, with

persons or trusts, or with any combination thereof, to provide a

disposal site or implement a solid waste management system for the

incorporated city or town.

B. The governing body of such town or city shall have the

authority to levy and collect such fees and charges and require such

licenses as may be appropriate to discharge their responsibility,

and such fees, charges and licenses shall be based on a fee schedule

as set forth in an ordinance.

C. Incorporated cities or towns may control, through ordinance,

regulation, rule or by permit, the collection, transportation,

storage and disposal of solid waste generated or existing within the

jurisdiction or control of such city or town, including requiring

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 261

the delivery of all such solid waste to a disposal site. Provided,

that the city or town may not require the delivery of solid waste to

the operator of a solid waste management system other than in

accordance with the procedures of the Oklahoma Solid Waste

Management Act.

D. Incorporated cities and towns may accept and disburse funds

derived from grants from the federal or state governments or from

private sources or from monies that may be appropriated from the

General Fund, for the installation and operation of a solid waste

management system, or any part thereof.

E. Incorporated cities and towns are authorized to contract for

the purchase of land, facilities, vehicles and machinery necessary

to the installation and operation of a solid waste management

system, either individually or as a party to a regional or county

solid waste authority.

F. The governing body of an incorporated city or town shall

have the right to establish policies for the operation of a solid

waste management system including hours of operation, character and

kinds of waste accepted at the disposal site, and such other rules

as may be necessary for the safety of the operating personnel.

G. Incorporated cities or towns shall permit landowners of

agricultural land located within the city or town boundaries to burn

debris originating from their property following a flood or other

natural disaster. The city or town may enact procedures to

determine the type of materials and locations appropriate for

burning and affected landowners shall comply with all local, state

and federal laws regulating such burning.

H. All incorporated cities or towns are delegated the authority

necessary to fulfill the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-3-504 — OK Code / Title 27A / Section 27A-2-3-504
Violation of Code, order, permit or license or rule -
Status: in_force

Penalties and remedies.

A. Except as otherwise specifically provided by law, any person

who violates any of the provisions of, or who fails to perform any

duty imposed by, the Oklahoma Environmental Quality Code or who

violates any order, permit or license issued by the Department of

Environmental Quality or rule promulgated by the Environmental

Quality Board pursuant to this Code:

1. Shall be guilty of a misdemeanor and upon conviction thereof

may be punished by a fine of not less than Two Hundred Dollars

($200.00) for each violation and not more than Ten Thousand Dollars

($10,000.00) for each violation or by imprisonment in the county

jail for not more than six (6) months or by both such fine and

imprisonment;

2. May be punished in civil proceedings in district court by

assessment of a civil penalty of not more than Ten Thousand Dollars

($10,000.00) for each violation;

3. May be assessed an administrative penalty pursuant to

Section 2-3-502 of this title not to exceed Ten Thousand Dollars

($10,000.00) per day of noncompliance; or

4. May be subject to injunctive relief granted by a district

court. A district court may grant injunctive relief to prevent a

violation of, or to compel a compliance with, any of the provisions

of this Code or any rule promulgated thereunder or order, license or

permit issued pursuant to this Code.

B. Nothing in this part shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 90

proceeding shall not prevent the subsequent assessment by a court of

the maximum civil or criminal penalties for violations of this Code.

C. Any person assessed an administrative or civil penalty shall

be required to pay, in addition to such penalty amount and interest

thereon, attorneys fees and costs associated with the collection of

such penalties.

D. For purposes of this section, each day or part of a day upon

which such violation occurs shall constitute a separate violation.

E. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of this Code or any rule promulgated

thereunder, or order, license or permit issued pursuant thereto.

F. 1. Any action for injunctive relief to redress or restrain

a violation by any person of this Code or of any rule promulgated

thereunder, or order, license, or permit issued pursuant thereto or

for recovery of any administrative or civil penalty assessed

pursuant to this Code may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

b. the Attorney General on behalf of the State of

Oklahoma, or

c. the Department on behalf of the State of Oklahoma.

2. The court shall have jurisdiction to determine said action,

and to grant the necessary or appropriate relief, including but not

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

3. In any judicial action in which the Department seeks

injunctive relief and alleges by verified petition that:

a. the defendant's actions or omissions constitute a

violation of the Code or a rule, order, license or

permit, and

b. the actions or omissions present an imminent and

substantial endangerment to health or the environment

if allowed to continue during the pendency of the

action,

the Department shall be entitled to obtain a temporary order or

injunction to prohibit such acts or omissions to the extent they

present an imminent and substantial endangerment to health or the

environment. Such temporary order or injunction shall remain in

effect during the pendency of the judicial action until superseded

or until such time as the court finds that the criteria of

subparagraphs a and b of this paragraph no longer exist. If a

temporary order or injunction has been issued without prior hearing,

the court shall schedule a hearing within twenty (20) days after

issuance of the temporary order to determine whether the temporary

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 91

order should be lifted and a preliminary injunction should issue.

The Department shall bear the burden of proof at such hearing.

4. It shall be the duty of the Attorney General and district

attorney to bring such actions, if requested by the Executive

Director of the Department.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Department of Environmental

Quality Revolving Fund.

H. In determining the amount of a civil penalty the court shall

consider such factors as the nature, circumstances and gravity of

the violation or violations, the economic benefit, if any, resulting

to the defendant from the violation, the history of such violations,

any good faith efforts to comply with the applicable requirements,

the economic impact of the penalty on the defendant, the defendant's

degree of culpability, and such other matters as justice may

require.

I. In addition to or in lieu of any administrative enforcement

proceedings available to the Department, the Department may take or

request civil action or request criminal prosecution, or both, as

provided by law for any violation of this Code, rules promulgated

thereunder, or orders issued, or conditions of permits, licenses,

certificates or other authorizations prescribed pursuant thereto.
Okla. Stat. tit. 27A, § 27A-2-10-201 — OK Code / Title 27A / Section 27A-2-10-201
Rules – Fees
Status: in_force

A. The Board of Environmental Quality is directed and empowered

to promulgate rules for solid waste management including but not

limited to:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 229

1. The permitting, posting of security, construction,

operation, closure, maintenance and remediation of solid waste

disposal sites;

2. Disposal of solid waste in ways that are environmentally

safe and sanitary, as well as economically feasible;

3. Authorizing variances from the specific requirements of a

particular rule provided that the applicant for a variance has

demonstrated that compliance with the rule will be met by

substituted technology which equals or exceeds the protection

accorded by the particular rule and that the variance will not

result in a hazard to the health, environment and safety of the

people of this state or their property. The grant of any variance

shall be upon express condition that, in the event of the failure of

the substituted technology to conform to the requirements of law and

rules, the applicant shall be required to incorporate the

technology, process or procedure established under the rules;

4. Requiring the submission of laboratory reports or analyses

performed by certified laboratories for the purposes of compliance

monitoring and testing and for other purposes required for the

regulation of sludge pursuant to Part 4 of this Article;

5. The transportation of solid waste. Such rules shall not be

more stringent than those of the United States Department of

Transportation or the United States Interstate Commerce Commission;

6. Applicant disclosure; and

7. The regulation of borrow areas for soils to be used in solid

waste disposal sites. Regulatory authority over such borrow areas

shall be exclusive to the Board and the Department of Environmental

Quality.

B. Rules shall be promulgated in compliance with the

Administrative Procedures Act. Notice of any proposed changes to

such rules shall be given to the Oklahoma Municipal League, the

County Commissioners Association, and such citizens as have

requested to be notified and shall advise them of an opportunity to

comment thereon before the adoption of such rules.

C. Absent specific legislative authority, the Board shall not

amend any existing rule in such a manner as to encourage importation

of biomedical waste generated outside the territorial limits of this

state.

D. The Board, pursuant to Section 2-3-402 of this title and the

Administrative Procedures Act, shall establish a schedule of fees to

be charged for applications to issue and renew permits, licenses and

other authorizations required by the provisions of this article and

for such environmental services as are involved in the regulation of

solid waste. Fees charged pursuant to this section shall be paid

into the Department of Environmental Quality Revolving Fund and

shall be used by the Department in administering the Solid Waste

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 230

Management Act. The Board, in setting fees, shall consider factors

which include but are not limited to:

1. Facility size and capability;

2. Size of population served by such facility;

3. Type or class of facility; and

4. Type and amount of waste accepted, stored, treated,

transferred or disposed.
Okla. Stat. tit. 27A, § 27A-2-6-306 — OK Code / Title 27A / Section 27A-2-6-306
Annual service fee - Laboratory analyses
Status: in_force

A. 1. The Board shall establish an annual fee for public water

supply system regulatory services based on the size and type of the

system and the resultant regulatory cost of the services to the

state. Such annual fee shall not result in an increase of more than

thirty cents ($0.30) per month per residential user of the public

water supply systems per year. With the exception of state,

federal, and nontransient noncommunity public water systems which

shall pay actual costs of public water supply system regulatory

services, no system shall pay less than four cents ($0.04) per

service connection per month.

2. The Board may assess an annual minimum fee charged for:

a. purchase water systems, Fifty Dollars ($50.00),

b. groundwater systems, Seventy-five Dollars ($75.00),

and

c. surface water systems, One Hundred Fifty Dollars

($150.00).

3. Any state funds appropriated for public water supply system

regulatory services shall be used to offset the increased costs of

regulatory services to the smaller public water supply systems with

a population of up to two thousand (2,000) people.

B. A water supply system, required by state or federal law to

submit laboratory analyses to the Department, may submit analyses

which have been performed by a laboratory certified by the

Department pursuant to this Code in lieu of analyses performed by

the Department. In such case, the cost of the submitted certified

laboratory analyses shall be deducted from the portion of the

system's annual fee that is applicable to laboratory tests.
Okla. Stat. tit. 27A, § 27A-2-6-103 — OK Code / Title 27A / Section 27A-2-6-103
Powers and duties of Department, Board and Executive
Status: in_force

Director.

A. The Department of Environmental Quality shall have and is

hereby authorized to exercise the power and duty to:

1. Develop comprehensive programs for the prevention, control

and abatement of new or existing pollution of the waters of this

state;

2. Encourage, participate in, or conduct studies,

investigations, research and demonstrations relating to water

pollution and causes, prevention, control and abatement thereof as

it may deem advisable and necessary in the public interest for the

discharge of its duties under Section 2-6-101 et seq. of this title;

3. Collect and disseminate information relating to water

pollution and the prevention, control and abatement thereof;

4. Require the submission of and review plans, specifications

and other data relative to disposal or treatment systems or any part

thereof in connection with the issuance of such permits as are

required by this article;

5. Enforce the provisions of this article, rules promulgated

thereunder, and permits, licenses, and certifications issued

pursuant thereto and Oklahoma Water Quality Standards;

6. Establish, implement, amend and enforce the Water Quality

Management Plan, the continuing planning process documents, and

total maximum daily loads;

7. Require the submission of reports or laboratory analyses

performed by certified laboratories or operators for purposes of

compliance monitoring and testing or other purposes for which

laboratory reports or analyses are required pursuant to this

article;

8. Coordinate the preparation of the continuing planning

process documents and total maximum daily loads with other

environmental agencies and natural resource agencies; and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 126

9. Issue swimming and fishing advisories related to human and

animal health hazards for waters of the state, based on available

data.

B. 1. The Environmental Quality Board shall have the authority

to promulgate such rules as may be necessary to implement the

policies and duties set forth in this article including, but not

limited to, rules pertaining to services, permits, licenses and

certifications including certifications under Section 401 of the

Clean Water Act, and, pursuant to Section 2-3-402 of this title, fee

schedules for such services, permits, licenses and certifications.

2. The Board may adopt by reference standards of quality of the

waters of the state and classifications of such waters as are

lawfully established by the Department of Environmental Quality and

the United States Environmental Protection Agency as Oklahoma Water

Quality Standards, may directly adopt variances and site-specific

criteria to such water quality standards, and promulgate other rules

to protect, maintain and improve the best uses of waters in this

state in the interest of the public under such conditions as may be

necessary or appropriate for the prevention, control and abatement

of pollution.

3. The Board shall promulgate rules which describe procedures

for amending and updating the Water Quality Management Plan or which

are otherwise consistent with the Continuing Planning Process and

its components. Such rules shall:

a. be in substantial conformance with any applicable

federal requirements and may incorporate appropriate

U.S. Environmental Protection Agency regulations by

reference, and

b. require public notice to be given of any major

amendment and of any update of the Water Quality

Management Plan and allow not less than a forty-five-

day opportunity for public comment thereon. Such

rules shall also authorize the Department, if it

determines public interest in the proposed amendment

or update is significant, to give notice of and

conduct a public meeting on the proposals in

accordance with federal requirements. The rules shall

provide that the notice, comment period, and public

meeting if any, related to an amendment or update

proposed in conjunction with the issuance,

modification or renewal of a discharge permit or

permits, may be combined with the notice, comment

period, and public meeting if any, held on the

proposed permit action or actions.

C. The Executive Director may:

1. Issue, modify, or revoke orders:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 127

a. prohibiting or abating pollution of the waters of the

state,

b. requiring the construction of new disposal or

treatment systems or any parts thereof or the

modification, extension or alteration of existing

disposal or treatment systems or any part thereof, or

the adoption of other remedial measures to prevent,

control or abate pollution, and

c. requiring other actions such as the Executive Director

may deem necessary to enforce the provisions of this

article and rules promulgated thereunder;

2. Issue, continue in effect, revoke, amend, modify or deny,

renew, or refuse to renew under such conditions as the Department

may prescribe, permits, licenses and certifications including

certifications under Section 401 of the Clean Water Act, to prevent,

control or abate pollution of waters of the state; and

3. Exercise all incidental powers which are necessary and

proper to carry out the purposes of this article.
Okla. Stat. tit. 27A, § 27A-12 — OK Code / Title 27A / Section 27A-12
Renumbered as § 1-1-205 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-6-302 — OK Code / Title 27A / Section 27A-2-6-302
Cooperation with federal agencies
Status: in_force

A. The Department of Environmental Quality shall be the

official agency of the State of Oklahoma to cooperate with federal

agencies in all matters affecting public water supplies.

B. The Department shall administer the wellhead protection

program and the Public Water Supply Supervision program for the

State of Oklahoma pursuant to the federal Safe Drinking Water Act.
Okla. Stat. tit. 27A, § 27A-2-14-102 — OK Code / Title 27A / Section 27A-2-14-102
Intent
Status: in_force

It is the intent of the Oklahoma Legislature that the Oklahoma

Uniform Environmental Permitting Act provide for uniform permitting

provisions regarding notices and public participation opportunities

that apply consistently and uniformly to applications for permits

and other permit authorizations issued by the Department of

Environmental Quality.
Okla. Stat. tit. 27A, § 27A-3-3-410 — OK Code / Title 27A / Section 27A-3-3-410
Payment of insurance premiums for employees
Status: in_force

The Oklahoma Conservation Commission is hereby authorized to

equitably apportion and pay dependent health insurance premiums for

local conservation district employees from funds appropriated for

such purpose.
Okla. Stat. tit. 27A, § 27A-2-4-101 — OK Code / Title 27A / Section 27A-2-4-101
Definitions
Status: in_force

As used in this article:

1. "Acceptable results" means a result within limits determined

on the basis of statistical procedures as prescribed by the

Department;

2. “Accreditation” means the act of certifying that a

laboratory maintains suitable standards and includes primary

accreditation and reciprocity accreditation;

3. “Analyte” means the characteristics of a laboratory sample

determined by an analytic laboratory testing procedure;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 93

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

5. "Evaluation" means a review of the quality control and

quality assurance procedures, recordkeeping, reporting procedures,

methodology, personal qualifications, equipment, facilities and

analytical technique of a laboratory for measuring or establishing

specific parameters;

6. "Laboratory" means a facility that performs analyses to

determine the chemical, physical, or biological properties of air,

water, solid waste, hazardous waste, wastewater, or soil or subsoil

materials or performs any other analyses related to environmental

quality evaluations; and

7. “Letters of accreditation” means a document issued by the

Department showing those analytes for which a laboratory is

accredited.
Okla. Stat. tit. 27A, § 27A-2-7-134 — OK Code / Title 27A / Section 27A-2-7-134
Summary suspension of permit for failure to remit
Status: in_force

penalty or fee - Revocation proceedings.

A. Unless otherwise authorized by the Department of

Environmental Quality or stayed by a court of review, if a hazardous

waste treatment, storage, disposal or recycling facility fails to

remit to the Department any administrative penalty assessed against

the facility pursuant to the provisions of the Oklahoma

Environmental Quality Code, within the time period established by

the final or consent order, the Department shall summarily suspend

the hazardous waste operating permit of the facility.

B. Unless otherwise authorized by the Department or stayed by a

court of review, if a hazardous waste treatment, storage, disposal

or recycling facility fails to pay to the Department any fee

required to be remitted to the Department on a quarterly, annual or

other periodic basis pursuant to the provisions of this article or

by rule promulgated pursuant thereto within sixty (60) days after an

invoice is mailed by certified mail, return receipt requested, to

the facility by the Department, the Department shall summarily

suspend the hazardous waste operating permit of the facility.

C. Following suspension of a permit pursuant to the provisions

of this section, the Department shall promptly institute proceedings

for revocation of the permit pursuant to Section 2-3-502 of Title

27A of the Oklahoma Statutes.

D. Unless otherwise ordered by the Department or a court of

review, the suspension or revocation of a hazardous waste operating

permit shall not be deemed to relieve the facility from permit

requirements for corrective action, closure of hazardous waste

units, postclosure maintenance and monitoring, or similar

requirements which relate primarily to remediation or closure.

E. The suspension or revocation of a hazardous waste operating

permit shall not be deemed to require cessation of any operations at

the facility which are unrelated to the treatment, storage, disposal

or recycling of waste.
Okla. Stat. tit. 27A, § 27A-2-2-104 — OK Code / Title 27A / Section 27A-2-2-104
Board rules incorporating by reference federal
Status: in_force

provisions - No effect on rules from subsequent changes in federal

provisions.

Insofar as permitted by law and upon recommendation from the

appropriate Council, rules promulgated by the Environmental Quality

Board may incorporate a federal statute or regulation by reference.

Any Board rule which incorporates a federal provision by reference

incorporates the language of the federal provision as it existed at

the time of the incorporation by reference. Any subsequent

modification, repeal or invalidation of the federal provision shall

not be deemed to affect the incorporating Board rule.
Okla. Stat. tit. 27A, § 27A-2-3-301 — OK Code / Title 27A / Section 27A-2-3-301
Renewal of license - Renewal fee - Penalty fee -
Status: in_force

Promulgation of rules.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 81

The holder of any license issued under the provisions of this

Code which is renewable by payment of a fee shall be entitled to

thirty (30) days after the expiration date thereof in which to renew

the same, without penalty, and if he fails to pay the renewal fee

within such thirty-day period, he shall, unless otherwise provided

in this Code, be required to pay the renewal fee plus a penalty fee

in an amount as promulgated by rule. Such penalty fee shall not

exceed the amount of the renewal fee. In the case of any renewal

fee which shall exceed Ten Thousand Dollars ($10,000.00), the

penalty fee shall be one and one-half percent (1.5%) per month of

the outstanding balance of the renewal fee. The Board may

promulgate rules which prohibit the renewal of any license which has

expired by more than ninety (90) days.
Okla. Stat. tit. 27A, § 27A-2-7-127 — OK Code / Title 27A / Section 27A-2-7-127
Corrective action - Permit review - Permit renewal -
Status: in_force

Information and reports.

A. In accordance with standards established by the

Administrator of the Environmental Protection Agency pursuant to the

federal Resource Conservation and Recovery Act, the Department may

require corrective action beyond a hazardous waste facility boundary

as a condition of the issuance of a permit pursuant to the Oklahoma

Hazardous Waste Management Act, where necessary to protect human

health and the environment, unless the owner or operator of the

facility demonstrates that despite the owner's or operator's best

efforts such owner or operator is unable to obtain the necessary

permission to undertake such action. The Department may also

require, as a condition of a permit issued pursuant to the Oklahoma

Hazardous Waste Management Act, corrective action for all releases

of hazardous waste from any solid waste management unit at a

facility seeking a permit, regardless of the time the waste was

placed in such unit. If such corrective action cannot be completed

prior to issuance of the permit, such permit shall contain schedules

of compliance for the corrective action required and assurances of

financial responsibility for completing such corrective action.

B. The Department shall review each permit for a hazardous

waste land disposal facility five (5) years after the date of such

issuance or reissuance and shall modify the permit as necessary to

assure that the facility continues to comply with the currently

applicable standards and permit requirements for hazardous waste

facilities. Nothing in this subsection shall preclude the

Department from reviewing and modifying a permit at any time during

its term. The Department, in reviewing any application for a permit

renewal, shall consider improvements in the state of control and

measurement technology and changes in applicable regulations. Each

issued or reissued permit shall contain such terms and conditions as

the Department determines necessary to protect human health and the

environment.

C. The Department is authorized to require each owner or

operator applying for a permit for a hazardous waste landfill or

surface impoundment to submit with the permit application

information reasonably ascertainable by the owner or operator

concerning the potential exposure to the public of hazardous wastes

as a result of releases from a hazardous waste unit. The Department

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 195

shall be authorized to make exposure and health assessment

information available to the public and to other state and federal

agencies.
Okla. Stat. tit. 27A, § 27A-3-3-109 — OK Code / Title 27A / Section 27A-3-3-109
Status of district's conservation plan
Status: in_force

A. The long-range resource conservation program, together with

the supplemental annual work plans, developed by each district under

the foregoing procedures shall have official status as the

authorized program of the district, and it shall be published by the

district as its "Resources Conservation Program". Copies shall be

made available by the district to the appropriate counties,

municipalities, special purpose districts and state agencies, and

shall be made available in convenient places for examination by any

public or private interest concerned. Summaries of the program and

selected material therefrom shall be distributed as widely as

feasible for public information.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 352

B. Counties, municipalities and other public agencies of the

state that are authorized by law to adopt zoning ordinances shall

give the directors of the appropriate district opportunity to review

and comment on proposed zoning ordinances and amendments affecting

renewable natural resources and their uses directly affecting rural

areas not within the jurisdictional area of any incorporated

municipalities, metropolitan area, planning commission, or their

successors.

C. The districts shall submit from time to time to any public

agency authorized to adopt zoning ordinances applicable to any area

within the district its recommended provisions for inclusion in

zoning ordinances, where such provisions would help achieve the land

use or other objectives of the district's Resources Conservation

Program.
Okla. Stat. tit. 27A, § 27A-1-4-113 — OK Code / Title 27A / Section 27A-1-4-113
Audit report - Components
Status: in_force

A. An audit report is a report that includes each document and

communication, other than those set forth in Section 8 of this act,

produced from an environmental or health and safety audit.

B. General components that may be contained in a completed

audit report include:

1. A report prepared by an auditor, monitor or similar person,

which may include:

a. a description of the scope of the audit,

b. the information gained in the audit and findings,

conclusions and recommendations, and

c. exhibits and appendices;

2. Memoranda and documents analyzing all or a portion of the

materials described by paragraph 1 of this subsection or discussing

implementation issues; and

3. An implementation plan or tracking system to correct past

noncompliance, improve current compliance or prevent future

noncompliance.

C. The types of exhibits and appendices that may be contained

in an audit report include supporting information that is collected

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 48

or developed for the primary purpose of and in the course of an

environmental or health and safety audit, including:

1. Interviews with current or former employees;

2. Field notes and records of observations;

3. Findings, opinions, suggestions, conclusions, guidance,

notes, drafts and memoranda;

4. Legal analyses;

5. Drawings;

6. Photographs;

7. Laboratory analyses and other analytical data;

8. Computer-generated or electronically recorded information;

9. Maps, charts, graphs and surveys; and

10. Other communications associated with an environmental or

health and safety audit.

D. To facilitate identification, each document in an audit

report should be labeled "COMPLIANCE REPORT: PRIVILEGED DOCUMENT,"

or labeled with words of similar import. Failure to label a

document under this section does not constitute a waiver of the

audit privilege or create a presumption that the privilege does or

does not apply.

E. Unless an extension is approved by the governmental entity

with regulatory authority over the regulated facility or operation

based on reasonable grounds, an environmental or health and safety

audit must be completed within a reasonable time not to exceed six

months after:

1. The date the audit is initiated; or

2. The acquisition closing date, if the person continues the

audit.

F. Paragraph 1 of subsection E of this section does not apply

to an environmental or health and safety audit conducted before the

acquisition closing date by a potential purchaser that is

considering the acquisition of the regulated facility or operation.
Okla. Stat. tit. 27A, § 27A-2-12-304 — OK Code / Title 27A / Section 27A-2-12-304
Issuance, renewal of certificate, accreditation -
Status: in_force

Refusal, revocation, suspension - Reapplication.

A. 1. The Department shall have power to refuse to issue or

renew, in part or in whole, a certificate or accreditation or, after

notice and opportunity for an individual proceeding as provided in

Article II of the Administrative Procedures Act and the Oklahoma

Environmental Quality Code, and rules promulgated thereunder, revoke

or suspend in part or in whole any certificate or accreditation for

good cause including, but not limited to:

a. gross inefficiency or incompetence,

b. violation of any provisions of this article, rules

promulgated thereunder or the terms or conditions of

any certification, accreditation or order issued

pursuant thereto, or

c. fraud or misrepresentation in obtaining a certificate

or accreditation.

2. After the expiration of one (1) year after the Department's

denial of an application for a new or renewed certification or

accreditation, or for a reactivated and renewed certificate, or the

Department's revocation of a certification or accreditation, the

holder of such certificate or accreditation may make application to

the Department for new certification or accreditation. After the

expiration of one (1) year after the Department's suspension of a

certification or accreditation, the holder may make application to

the Department for reinstatement or new certification or

accreditation. Such new issuance or reinstatement shall rest in the

sound discretion of the Department.

B. The Department may withdraw in part or in whole its

recognition and approval of any out-of-state training program or

training provider at any time the program or provider does not

qualify therefor pursuant to this article and rules of the Board.
Okla. Stat. tit. 27A, § 27A-3-4-106.1 — OK Code / Title 27A / Section 27A-3-4-106.1
Oklahoma State Facilities Energy Conservation
Status: in_force

Program.

A. There is hereby created the Oklahoma State Facilities Energy

Conservation Program.

B. As used in this section:

1. "State agency" means any office, officer, bureau, board,

commission, counsel, unit, division, body, authority or institution

of the executive branch of state government, whether elected or

appointed and shall include institutions within The Oklahoma State

System of Higher Education. Technology Center School Districts

shall not be subject to the provisions of this act but are

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 368

encouraged to implement local district energy conservation efforts

as approved by the local technology center board;

2. "State facilities" or "facilities" means buildings or assets

owned or operated by a state agency which have a heating,

ventilation, or air conditioning system or utility services;

3. "Program" means the Oklahoma State Facilities Energy

Conservation Program;

4. "Director" means the Director of the Office of State

Finance; and

5. "IPMVP" means the International Performance Measurement and

Verification Protocol.

C. All state facilities shall be subject to the provisions of

the Oklahoma State Facilities Energy Conservation Program. The

Director of the Office of State Finance, or a designee selected by

the Director, shall oversee the development and implementation of

the Program, including the selection of the most qualified vendor or

vendors by utilizing a request for proposal to contract for the

development and implementation of an organizational behavior-based

or performance-based energy conservation program.

D. The objectives and scope of the Program and the request for

proposal shall be to:

1. Promote a centralized effort to gather information

pertaining to energy use in state facilities and designate

knowledgeable personnel to prioritize projects and make

recommendations for conservation implementation;

2. Benchmark state facilities energy usage prior to

implementation of the Program and measure energy conservation

savings utilizing commercially available energy accounting software

that adheres to the IPMVP;

3. Target a cumulative energy savings of not less than twenty

percent (20%) by the year 2020 when compared to the 2012 fiscal year

utility expenditures. The express purpose of the targeted energy

savings shall be to capitalize on opportunities for organizational

behavior-based or performance-based energy conservation efforts and

existing equipment and building optimization while maintaining or

improving the operational environment during times when facilities

are occupied;

4. When reasonably feasible, consider working with local

utilities in implementing energy reduction efforts and to utilize

utility demand side management and energy efficiency programs to

further capture energy efficiency potential;

5. Provide an annual reconciliation of the costs versus the

savings resulting from the Program as determined by the Director

utilizing the selected energy accounting software;

6. Fully fund the Program within existing state agency budgets

through savings generated by reducing energy costs;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 369

7. Endeavor to utilize, when reasonably possible, existing

personnel to implement the Program at state facilities, provided

that compensation costs for additional personnel or additional

compensation costs for existing personnel dedicated exclusively to

implementation of the Program shall be funded from the savings

generated by the Program;

8. Include implementation of a formalized organizational

behavior-based or performance-based energy conservation program;

9. Evaluate existing facility energy accounting systems and

determine if the existing systems or a commercially available energy

accounting software program will be utilized to measure savings from

the Program in a way that adheres to the IPMVP;

10. Seek to obtain ENERGY STAR recognition for facilities that

comply with the necessary requirements as established by the United

States Environmental Protection Agency;

11. Provide for an initial fee-free period of not less than

twelve (12) months during which foundational elements of the Program

are established and energy savings are generated before any fee

payments are due to a selected vendor; and

12. Provide for free ongoing support from the vendor beyond the

initial term of the Program, if the state substantially continues

implementation of the Program.

E. Upon implementation of the Program, all state agencies shall

input historical utility cost data into an IPMVP-adherent energy

accounting software database on a monthly basis and shall deliver an

annual report on the progress and cost savings of the Program to the

Director within ninety (90) days after the end of each fiscal year.

F. Upon notification by a state agency, the Director shall

consider any organizational behavior-based or performance-based

energy conservation programs under contract with a state agency

prior to August 24, 2012, to be in compliance with the provisions of

this section.

G. Compliance with the Program shall not prohibit any state

agency from entering into a performance-based efficiency contract

for capital improvements pursuant to Section 318 of Title 62 of the

Oklahoma Statutes. The Director is authorized to work with state

agencies to develop a separate statewide plan for capital

improvements for performance-based efficiency contracts pursuant to

the provisions of Section 318 of Title 62 of the Oklahoma Statutes.
Okla. Stat. tit. 27A, § 27A-2-6-105 — OK Code / Title 27A / Section 27A-2-6-105
Pollution of state air, land or waters - Order to
Status: in_force

cease.

A. It shall be unlawful for any person to cause pollution of

any waters of the state or to place or cause to be placed any wastes

in a location where they are likely to cause pollution of any air,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 128

land or waters of the state. Any such action is hereby declared to

be a public nuisance.

B. If the Executive Director finds that any of the air, land or

waters of the state have been, or are being, polluted, the Executive

Director shall make an order requiring such pollution to cease

within a reasonable time, or requiring such manner of treatment or

of disposition of the sewage or other polluting material as may in

his judgment be necessary to prevent further pollution. It shall be

the duty of the person to whom such order is directed to fully

comply with the order of the Executive Director.
Okla. Stat. tit. 27A, § 27A-3-2-101 — OK Code / Title 27A / Section 27A-3-2-101
How constituted
Status: in_force

A. There is hereby established, to serve as an agency of the

state and to perform the functions conferred upon it in the

Conservation District Act, the Oklahoma Conservation Commission,

which commission shall succeed to all the powers, duties and

property of the State Soil Conservation Board. The Commission shall

consist of five (5) members whose qualifications and manner of

appointment shall be hereinafter designated. The State of Oklahoma

is hereby divided into five state areas for the purpose of selecting

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 334

the members of the Oklahoma Conservation Commission. Each of the

state areas shall be composed of the following counties:

State Area No. 1 comprising fifteen counties:

Cimarron Woodward Blaine

Texas Dewey Alfalfa

Beaver Canadian Grant

Harper Woods Garfield

Ellis Major Kingfisher

State Area No. 2 comprising fifteen counties:

Kay Oklahoma Love

Noble Cleveland Seminole

Logan McClain Garvin

Payne Lincoln Murray

Pawnee Pottawatomie Carter

State Area No. 3 comprising sixteen counties:

Osage Rogers Cherokee

Creek Wagoner Sequoyah

Washington Muskogee Adair

Tulsa Craig Delaware

Okmulgee Mayes Ottawa

Nowata

State Area No. 4 comprising fifteen counties:

Roger Mills Custer Comanche

Beckham Washita Cotton

Greer Kiowa Grady

Harmon Tillman Stephens

Jackson Caddo Jefferson

State Area No. 5 comprising sixteen counties:

Okfuskee Atoka Latimer

Hughes Bryan Pushmataha

Pontotoc Pittsburg Choctaw

Johnston McIntosh Le Flore

Marshall Haskell McCurtain

Coal

B. The entire territory of this state shall be included within

conservation districts.

C. The Governor shall appoint one member from each of the five

state areas as herein created, and each such member so appointed

shall be, at the time of his appointment a Conservation District

Director. Each member of the Oklahoma Conservation Commission shall

be a Conservation District Director during the entire term as a

Commission member. No fewer than three members of said Board shall

be actively engaged in the practice of farming and/or ranching or

shall derive at least a majority of their income from farming and/or

ranching. As a condition to their appointment, such members shall

be residents of the state area from which they are appointed. Such

appointments shall be made by the Governor and shall be subject to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 335

confirmation by the Senate and such appointments shall be made by

the Governor within thirty (30) days after the expiration of the

terms of office of said members. Each member shall serve for a

period of five (5) years, and shall be removed only for cause. In

the event of a vacancy, the vacancy shall be filled in the same

manner as the original appointment was made and by the same

appointing authority.

D. The Commission shall keep a record of its official actions,

shall adopt a seal, which seal shall be judicially noticed, and may

perform such acts, hold such public hearings and promulgate such

rules and regulations as may be necessary for the execution of its

functions under the Conservation District Act.
Okla. Stat. tit. 27, § 27-4 — OK Code / Title 27 / Section 27-4
Water-power companies - Right of eminent domain
Status: in_force

Any water power company, organized under the laws of this state,

shall have power to exercise the right of eminent domain in like

manner as railroad companies, for the purpose of securing sites for

the erection of water power plants, together with the necessary dams

over any nonnavigable stream and sites for the storage of water, and

of securing rights-of-way for the necessary flumes and conduits for

the purpose of conducting water for public or private consumption,

and generating power, and for the purpose of securing rights-of-way

for poles, wire and cables for transferring and transmitting

electricity generated by water.

R.L. 1910, § 3187.
Okla. Stat. tit. 27A, § 27A-2-7-301 — OK Code / Title 27A / Section 27A-2-7-301
Short title
Status: in_force

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

Waste Fund Act".
Okla. Stat. tit. 27A, § 27A-2-5-103 — OK Code / Title 27A / Section 27A-2-5-103
Municipal regulation - Powers of State Board of
Status: in_force

Agriculture.

A. 1. Nothing in the Oklahoma Clean Air Act:

a. shall prevent cities, towns and counties from enacting

ordinances or codes with respect to air pollution

which will not conflict with the provisions of the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 98

Oklahoma Clean Air Act and which contain provisions

more stringent than those fixed by the operation of

the Oklahoma Clean Air Act; provided, however, that

any city or town which has a population of less than

three hundred thousand (300,000) persons according to

the most current census shall not enforce any

ordinance or code regarding air pollution containing

more stringent provisions unless and until such

ordinance or code is reviewed by the Council and

approved as to its reasonableness and technical

feasibility.

b. shall prevent cities and towns from summarily abating

public nuisances as now provided by law.

2. This subsection shall not apply to any air pollution

ordinances or codes enacted by cities, towns or counties and in

effect prior to May 15, 1992.

B. Except for authority regarding abatement of public

nuisances, no city, town, municipality, county or other political

subdivision shall enact or enforce any code, ordinance or rule which

is more stringent than, or which is in conflict with any state or

federal law, code or rule concerning the utilization of fuel in any

flange-wheeled railroad rolling stock or which attempts to regulate

or affect the emissions therefrom.

C. The Oklahoma Clean Air Act shall not be construed to limit,

modify, or repeal or affect in any way the powers, duties or

functions of the State Board of Agriculture, except to the extent

necessary to comply with the Federal Clean Air Act.
Okla. Stat. tit. 27A, § 27A-1-4-120 — OK Code / Title 27A / Section 27A-1-4-120
Effective date of application
Status: in_force

The privilege established by this act applies to environmental

or health and safety audits that are conducted on or after the

effective date of this act.
Okla. Stat. tit. 27A, § 27A-2-14-202 — OK Code / Title 27A / Section 27A-2-14-202
Department of Environmental Quality - Powers and
Status: in_force

duties.

A. The Department is hereby authorized to implement and enforce

the provisions of the Oklahoma Uniform Environmental Permitting Act

and rules promulgated thereunder.

B. In addition to authority under the Oklahoma Environmental

Quality Code, the Department shall have the power and duty to:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 311

1. Evaluate applications for administrative and technical

completeness pursuant to requirements of the Code and rules

promulgated thereunder and, when necessary to determine such

completeness, request changes, revisions, corrections, or

supplemental submissions;

2. Evaluate notices related to applications for sufficiency of

content and compliance and require that omissions or inaccuracies be

cured;

3. Consider timely and relevant comments received;

4. Prepare responses to comments, draft and final denials, and

draft, proposed and final permits;

5. Cooperate with federal agencies as is required for federal

review or oversight of state permitting programs;

6. Consolidate processes related to multiple, pending

applications filed by the same applicant for the same facility or

site in accordance with rules of the Board; and

7. Otherwise exercise all incidental powers as necessary and

proper to implement the provisions of the Oklahoma Uniform

Environmental Permitting Act and rules promulgated thereunder.
Okla. Stat. tit. 27, § 27-17 — OK Code / Title 27 / Section 27-17
Resale of surplus eminent domain property
Status: in_force

A. In the event that a portion of the total amount of real

property taken by eminent domain under the procedures set forth in

Title 27 of the Oklahoma Statutes for a public purpose as described

in Section 9 of Title 27 of the Oklahoma Statutes is not used for

the purposes for which it was condemned or for another public use by

the agency or other entity which acquired the real property, the

portion of the real property that is not used shall be declared

surplus and shall be first offered for resale to the person from

whom the property was taken or the heirs of the person at the

appraised value or the original price at which the acquiring agency

or entity purchased that portion of the property, whichever is less.

B. For purposes of complying with subsection A of this section,

the agency or entity which acquired the real property by

condemnation shall notify the former landowner of the right of first

refusal by sending notice by certified mail, return receipt

requested, to the last-known address of the person as provided by

the person. If the mail is returned as not subject to delivery or

the former landowner is deceased, notice of the right of first

refusal shall be provided by publication in a newspaper of general

circulation in the community where the real property is located.

The notice shall contain the name of the former landowner and a

legal description of the surplus property. If the offer to

Oklahoma Statutes - Title 27. Eminent Domain Page 10

repurchase is not accepted within ninety (90) days from the date of

notice or if the offer to repurchase is not accepted from the date

the resale price on the property is determined, the property may

then be sold at public sale.

C. This section shall not apply to conveyances for

redevelopment under Sections 38-101 through 38-123 of Title 11 of

the Oklahoma Statutes.
Okla. Stat. tit. 27A, § 27A-2-7-121.1 — OK Code / Title 27A / Section 27A-2-7-121.1
Waiver of fee
Status: in_force

A. The Department of Environmental Quality may direct a

facility to waive the fees described in paragraph 1 of subsection A

of Section 2-7-121 of Title 27A of the Oklahoma Statutes for

hazardous waste received from certain sites undergoing response

actions under the authority of the federal Comprehensive

Environmental Response, Compensation and Liability Act. A fee

waiver may only be granted for response actions financed through the

Superfund Trust Fund that are conducted by the Department or the

federal Environmental Protection Agency, when the amount of fee

waiver will qualify towards the contributions required of the state

for such actions.

B. The Department of Environmental Quality may direct a

facility to waive the fees described in paragraph 1 of subsection A

of Section 2-7-121 of Title 27A of the Oklahoma Statutes for

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 186

hazardous waste received from certain sites in Oklahoma undergoing

remedial actions that are being conducted as a result of:

1. A consent order approved by the Department;

2. Fulfilling the requirements of a Compliance Schedule issued

by the Department as a result of a permit; or

3. A Brownfields action that has been approved by the

Department.

Such fee waivers may be granted for remedial actions only when

the amount of the fee waiver will qualify toward the contributions

required of the state in response actions financed through the

Superfund Trust Fund. The Department shall void all waivers for

fees as described in paragraph 1 of subsection A of Section 2-7-121

of Title 27A should the requirements of any Consent Order,

Compliance Schedule, or Brownfields action not be fulfilled as

stipulated.
Okla. Stat. tit. 27A, § 27A-3-4-102 — OK Code / Title 27A / Section 27A-3-4-102
Oklahoma Conservation Commission - Duties
Status: in_force

The Oklahoma Conservation Commission shall:

1. Encourage the production of educational and advisory

materials regarding terrestrial and agricultural carbon

sequestration and storage and the opportunities to participate in a

related system of carbon dioxide emissions trading or marketing that

may be developed in the future; and

2. Identify areas of research needed to better understand and

quantify terrestrial and agricultural carbon sequestration and

storage involved in terrestrial and agricultural carbon

sequestration practices within the state.
Okla. Stat. tit. 27A, § 27A-2-4-301 — OK Code / Title 27A / Section 27A-2-4-301
Duties of Department
Status: in_force

The Department of Environmental Quality is hereby designated as

the administrative agency for national environmental laboratory

accreditation programs and shall:

1. Establish and administer the state water quality and

environmental laboratory accreditation programs for laboratories

which apply; and

2. Issue, modify, renew, reinstate, revoke, or suspend the

accreditation of a laboratory or deny a new or renewal accreditation

application.
Okla. Stat. tit. 27, § 27-7.10 — OK Code / Title 27 / Section 27-7.10
Public utility lines - Relocating, rerouting,
Status: in_force

construction changes, etc. - Expenses and expenditures

In the event a common carrier, in the exercise of the power of

eminent domain, or any other power granted hereunder, makes

necessary the relocation, raising, lowering, rerouting, or changing

the grade of, or altering the construction of any electric

transmission or telephone lines, railroads, or properties and

facilities, or pipeline, all such relocation, raising, lowering,

rerouting, changing of grade or alteration of construction shall be

Oklahoma Statutes - Title 27. Eminent Domain Page 4

accomplished at the sole expense of such common carrier . The term

"sole expense" shall mean the actual cost of such relocation,

raising, lowering, rerouting, or change in grade or alteration of

construction in providing comparable replacement without enhancement

of such facilities, after deducting therefrom the net salvage value

derived from the old facility.
Okla. Stat. tit. 27A, § 27A-1-1-204 — OK Code / Title 27A / Section 27A-1-1-204
State environmental agencies - Complaint
Status: in_force

investigation and response process - Rules - False complaints.

A. Each state environmental agency and each state agency with

limited environmental responsibilities shall develop, implement and

utilize a complaint investigation and response process that will

ensure all state environmental agencies with authority to

investigate, mitigate and resolve complaints, respond to complaints

in a timely manner by initiating appropriate action and informing

the complainant regarding potential actions that may occur.

Complainants shall also be notified, in writing:

1. Of the resolution of the complaint; and

2. Of the complainant's options for further resolution of the

complaint if such complainant objects or disagrees with the actions

or decision of the agency.

B. Rules to implement such system shall be promulgated by each

state environmental agency.

C. 1. It shall be unlawful for any person to knowingly and

willfully file a false complaint with a state environmental agency

or to knowingly and willfully misrepresent material information to a

state environmental agency or a state agency with limited

environmental responsibilities relating to a complaint.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 19

2. Any person filing such false complaint or misrepresenting

such material information shall be deemed guilty of a misdemeanor

and may be reported to local law enforcement for criminal

investigation and, upon conviction thereof, shall be punished by a

fine of not more than Two Thousand Five Hundred Dollars ($2,500.00)

or by imprisonment in the county jail for a term of not more than

sixty (60) days or both such fine and imprisonment.
Okla. Stat. tit. 27A, § 27A-2-14-101 — OK Code / Title 27A / Section 27A-2-14-101
Short title
Status: in_force

Sections 1 through 12 of this act shall be known and may be

cited as the "Oklahoma Uniform Environmental Permitting Act".
Okla. Stat. tit. 27A, § 27A-2-10-602 — OK Code / Title 27A / Section 27A-2-10-602
Renumbered as § 2-11-413 of this title by Laws 1995,
Status: in_force

c. 191, § 10, eff. Nov. 1, 1995.
Okla. Stat. tit. 27A, § 27A-2-6-403 — OK Code / Title 27A / Section 27A-2-6-403
Requirements of construction or operation of sewage
Status: in_force

treatment systems - Planning residential development sewage

treatment - Plats.

A. No small public sewage treatment system or individual sewage

treatment system shall be constructed or operated unless such

system, when constructed, complies with requirements prescribed by

the Environmental Quality Board as determined by an inspection

performed by the Department of Environmental Quality or a person

authorized by the Department.

1. It shall be the duty of the person contracting with an

installer who is modifying or installing an on-site sewage treatment

system for a residence or business to certify the number of bedrooms

in the residence or the water usage of the business that will be

served by the sewage treatment system so that the system can be

properly sized.

2. Upon reinspection of an approved system, performed at the

request of the lot owner, the Department or a person authorized by

the Department shall not require that the system be uncovered unless

there is evidence that the system has not functioned properly.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 154

B. Any person, corporation or other legal entity which creates

or intends to create a residential development outside the corporate

limits of a city or town shall file a plat describing the methods of

sewage treatment for such residential development with the

Department. Approval of the plat shall be obtained prior to

recording the plat, offering a lot or lots for sale or beginning

construction within such residential development.

1. The plat shall include:

a. a description of the methods for providing water

supply and sewage treatment. If a public water supply

or public sewage is to be used, then verification of

the preliminary approval from the Department shall be

submitted along with the plat,

b. the actual lot size of each lot in square feet, acres

or fractions of acres, and

c. the location of any public water supply source,

including wells and surface water supplies, within

three hundred (300) feet of the residential

development.

2. Upon approval by the Department, the plat of the residential

development shall be imprinted with the stamp of the Department

bearing the word "approved", restrictions, if any, signature of the

Department or the Department's local representative and the date.

Approval of the plat shall be made effective thirty (30) days after

the plat is filed with the Department unless specifically rejected

prior to the expiration of the said thirty-day period of time.

3. The office of county clerk shall not record a plat

containing any lot of less than two and one-half (2 1/2) acres

situated outside the corporate limits of a municipality unless said

instrument bears the "approved" stamp of the Department. The

Department shall have no authority to disapprove and shall approve

plats of tracts that are being developed for individual residence in

which no single tract is less than two and one-half (2 1/2) acres,

provided that none of the lots are within three hundred (300) feet

of a public water supply source.

C. Persons creating or intending to create a residential

development, after receiving the stamp of approval from the

Department or the Department's local representative, shall file such

plat in the land records of the county where the residential

development is to be situated.

D. For purposes of this section, “subdivision of land for

purposes of a residential development” shall have the same meaning

as “subdivision” as defined in Section 863.9 of Title 19 of the

Oklahoma Statutes.

E. Any person who knowingly creates a residential development

without receiving the approval of the Department or the Department's

local representative of a plat or without filing of record a plat in

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 155

violation of this section, or who installs a private sewage

treatment system on a lot for which disapproval of a private sewage

treatment system has previously been filed of record shall be deemed

guilty of a misdemeanor and upon conviction shall be punished by a

fine of not less than Five Hundred Dollars ($500.00) nor more than

Five Thousand Dollars ($5,000.00) for each violation.

F. The Department is authorized to use monies other than fees

or appropriated funds as such monies may be available to the

Department to offer financial assistance to indigent citizens of the

State of Oklahoma to reduce the incidence of surfacing sewage in the

State of Oklahoma.
Okla. Stat. tit. 27A, § 27A-2-6-601 — OK Code / Title 27A / Section 27A-2-6-601
Rules - Application - Authority of Department
Status: in_force

A. The Board shall have authority to make rules for the control

of sanitation on all property located within any reservoir or

drainage basin, which shall include but not be limited to rules:

1. Relating to the collection and disposal of domestic and

industrial wastes within any reservoir or drainage basin;

2. Prohibiting the dumping of garbage, trash or other wastes or

contaminated material within any reservoir or drainage basin; and

3. Providing that all wastes originating within any reservoir

or drainage basin shall be disposed of in a manner approved by the

Board, and that the plans and specifications for any disposal system

shall be approved by the Department prior to the construction of any

such system.

B. The provisions of this section shall not apply to:

1. Any lake, body of water, or reservoir owned or controlled by

any city, town or municipality of this state, unless such city, town

or municipality shall, by duly enacted ordinance, elect to come

under the provisions of this section; and

2. Impounded water on privately owned land not open to public

use.

C. The Department is hereby authorized to:

1. Conduct research, studies, demonstrations and investigations

relating to the use and reuse of wastewater;

2. Accept, use, disburse and administer grants, allotments,

gifts, devises, bequests, appropriations and other monies, equipment

or property furnished or given to the Department, for the purposes

and intent of this article and enter into contracts therefor; and

3. Utilize such personnel, equipment, laboratories and other

resources which it has or which may become available through state-

appropriated funds, federal grants or from other sources for such

purpose.
Okla. Stat. tit. 27A, § 27A-3-3-303 — OK Code / Title 27A / Section 27A-3-3-303
Filing period, notification and declaration of
Status: in_force

candidacy.

Any person found eligible by the Commission to be elected a

district director shall have their name placed on the official

ballot, upon filing with the Commission a notification and

declaration of candidacy, during the first two weeks in May. The

notification and declaration shall be in the form prescribed by the

Commission.
Okla. Stat. tit. 27A, § 27A-2-3-110 — OK Code / Title 27A / Section 27A-2-3-110
Sale of headquarters building – Relocation of offices
Status: in_force

– Authority to purchase or lease.

A. The Oklahoma Tourism and Recreation Department, State

Department of Health, Oklahoma Tax Commission, Oklahoma Water

Resources Board, Oklahoma Department of Labor and Department of

Mines, in addition to the other powers and duties vested by Oklahoma

law, shall be authorized to relocate agency offices to a site in

Oklahoma County including but not limited to buildings or units, as

defined by the Unit Ownership Estate Act provided in Section 503 of

Title 60 of the Oklahoma Statutes, owned by the Commissioners of the

Land Office.

B. The new office location or locations shall be occupied by

the Oklahoma Tourism and Recreation Department, State Department of

Health, Oklahoma Tax Commission, Oklahoma Water Resources Board,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 77

Oklahoma Department of Labor and Department of Mines and shall

consist of sufficient square footage to accommodate staff offices,

program areas, staff conference areas, records and computer areas,

general storage areas, security equipment storage areas, main room,

reception areas and other necessary areas for operation of the state

agencies.

C. The Oklahoma Tourism and Recreation Department, State

Department of Health, Oklahoma Tax Commission, Oklahoma Water

Resources Board, Oklahoma Department of Labor and Department of

Mines are authorized to purchase real estate including but not

limited to buildings or units, for no more than appraised value or,

in the alternative, Executive Director of the Oklahoma Tourism and

Recreation Department, Oklahoma Tax Commission, Oklahoma Water

Resources Board, Commissioner of Labor and Oklahoma Mining

Commission are authorized to enter into a lease-purchase agreement

for the acquisition of such buildings or units from the person or

entity that will develop or build the buildings or units. In order

to maintain the value of the purchased or lease-purchase property,

each state agency identified in this section may establish a Capital

Account Fund for the purpose of paying any proportionate share of

common area maintenance, repair and maintenance of agency unit(s),

fixtures and appliances contained therein, improvements and

betterments for agency unit(s) and all required maintenance and

repair work. The fund shall be a continuing fund, not subject to

fiscal year limitations, and shall consist of monies transferred

from the agency's standard appropriations. All monies accruing to

the credit of the fund are hereby appropriated and may be budgeted

and expended by the agency for the purpose described in this

section. For the purposes of the purchase or build-out of the new

office location, the state agencies identified in this section are

hereby exempted from the requirements of the Public Competitive

Bidding Act of 1974 as provided in Sections 101 through 139 of Title

61 of the Oklahoma Statutes. The state agencies identified in this

section shall, either individually or through the Commissioners of

the Land Office, be required to collect multiple bids from qualified

contractors for the build-out of new office locations.
Okla. Stat. tit. 27, § 27-7 — OK Code / Title 27 / Section 27-7
Light, heat or power by electricity or natural gas - Eminent
Status: in_force

domain same as railroads.

A. Except as otherwise provided in this section, any person,

firm or corporation organized under the laws of this state, or

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

power by electricity or natural gas, or any other person,

association or firm engaged in furnishing lights, heat or power by

Oklahoma Statutes - Title 27. Eminent Domain Page 3

electricity or natural gas shall have and exercise the right of

eminent domain in the same manner and by like proceedings as

provided for railroad corporations by laws of this state.

B. The power of eminent domain shall not be used for the siting

or building of wind energy facilities, solar energy facilities,

battery storage facilities, hydrogen gas facilities, or other

renewable energy facilities on private property.

C. Prior to seeking to exercise eminent domain for an electric

transmission facility rated greater than three hundred (300)

kilovolts, any person, firm, or corporation under the purview of

subsection A of this section must have obtained a Certificate of

Authority from the Corporation Commission.

D. This section shall not be construed to require any Oklahoma

retail electric supplier or rural electric cooperative to secure a

Certificate of Authority for any extension, rebuild, or upgrade to

an electric transmission facility.
Okla. Stat. tit. 27A, § 27A-2-7-122 — OK Code / Title 27A / Section 27A-2-7-122
Disposal by underground injection - Limitation of
Status: in_force

annual fee.

The Department shall not assess an annual fee for the on-site

disposal of hazardous waste by underground injection which exceeds

Fifty Thousand Dollars ($50,000.00).
Okla. Stat. tit. 27A, § 27A-2-15-107 — OK Code / Title 27A / Section 27A-2-15-107
Land use disclosures - Filing - Violation of
Status: in_force

authorized uses.

A. 1. All land use disclosures shall be filed in the land

records by the participant in the office of the county clerk where

the site is located.

2. Within thirty (30) days of receipt of the Certificate of

Completion or the Certificate of No Action Necessary, the

participant shall submit to the Department of Environmental Quality

an official copy of the land use disclosure filed with the county

clerk in the county in which the site is located.

3. Failure to record the land use disclosure with the county

clerk and submit the official copy to the Department as required by

this section shall render the Certificate of Completion or

Certificate of No Action Necessary voidable.

B. Whoever knowingly converts, develops or uses a brownfield

site in violation of an authorized use as specified in the land use

disclosure shall be deemed guilty of a misdemeanor and, upon

conviction thereof, shall be punishable by a fine of not more than

One Thousand Dollars ($1,000.00), imprisonment in the county jail

for not more than one (1) year, or both such fine and imprisonment.

Each day such violation continues shall be considered a separate

offense.
Okla. Stat. tit. 27A, § 27A-2-7-201 — OK Code / Title 27A / Section 27A-2-7-201
Special Economic Development Trust Funds
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 198

A. The county commissioners of the counties which are within a

ten-mile radius of an off-site hazardous waste facility may

establish a Special Economic Development Trust Fund for those

counties.

B. The trust fund shall be used to market advantages of

industrial development and to promote industrial development in the

counties located within the trust area. Such uses shall allow the

authority to acquire assets, develop property, and to contract with

local municipalities or economic development trusts or authorities

to promote economic development in the counties located within the

trust area.

C. The trust fund shall consist of:

1. All monies received pursuant to Section 2-7-121 of this

title;

2. All income from the investment of monies held in the trust

fund;

3. Interest resulting from the deposit of such monies; and

4. Any other sums designated for deposit to the fund from any

source, public or private.

D. Any trust established pursuant to the provisions of this

section shall be governed by the provisions of Sections 176 through

180.4 of Title 60 of the Oklahoma Statutes.

E. 1. Such Trust shall be governed by a Board of Trustees of

not less than six nor more than ten members. Each county within the

Trust area shall be represented equally on the Board of Trustees.

2. Each Trustee shall be appointed by a majority vote of the

county commissioners of the county that the Trustee represents. A

Trustee may be removed prior to the expiration of the term of office

by a majority vote of the county commissioners of the county that

the Trustee represents. In the event there are two or more Trustees

from each county, the initial appointments shall be made so that the

terms are staggered. After the initial appointment, each Trustee

shall serve a term of two (2) years and may be reappointed.

3. The Trustees shall receive no compensation for service on

the Board of Trustees, but may be reimbursed for actual and

necessary expenses incurred in the performance of their duties as

trustees in accordance with the State Travel Reimbursement Act.

4. Any action of the Board of Trustees must be approved by a

two-thirds vote of the total authorized membership of the Board.

5. The Trustees shall have authority to exercise such powers as

are necessary to perform the duties and functions imposed by the

provisions of this section.

F. The Board of Trustees shall meet not less than twice each

calendar year. At the first meeting in a new calendar year the

members shall elect a chairman, a vice-chairman, a secretary, and a

treasurer.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 199
Okla. Stat. tit. 27A, § 27A-3-3-406 — OK Code / Title 27A / Section 27A-3-3-406
Control
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 361

The Small Watersheds Flood Control Fund shall be under the

control and supervision of the Oklahoma Conservation Commission and

shall be paid on its itemized form which shall be audited by the

said board and, upon final approval, vouchers which are payable from

said fund shall be forwarded to the Director of the Office of

Management and Enterprise Services, who shall audit the same and,

upon approval thereof, warrants shall be issued according to law,

and said warrants shall be paid by the State Treasurer from the said

fund.
Okla. Stat. tit. 27A, § 27A-2-10-803 — OK Code / Title 27A / Section 27A-2-10-803
Fee for treatment, storage or disposal of solid
Status: in_force

wastes generated outside state - Reciprocal agreements.

A. Subject to the constraints of federal law, the Board shall

establish a fee schedule which provides a differential fee for

treatment, storage or disposal in Oklahoma of solid wastes generated

outside the State of Oklahoma. Said fee shall be not more than ten

times the fee for treatment, storage or disposal in the State of

Oklahoma of solid wastes generated within the State of Oklahoma. If

a federal law is enacted to authorize a prohibition by one state

upon the importation of solid wastes from another state based upon

the actions or inactions of such other state, then the Board shall

adopt regulations establishing the criteria for the operation of

such prohibition.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 259

B. The Department is directed to pursue reciprocal agreements

regarding fees with all other states which transport solid waste

into Oklahoma, provided that any reciprocal agreement shall not

allow the fee to be less than the instate solid waste fee for

Oklahoma. Fee schedules may be adjusted by the Board to provide for

such reciprocity.
Okla. Stat. tit. 27A, § 27A-1-4-115 — OK Code / Title 27A / Section 27A-1-4-115
Waiver of privilege – Unauthorized disclosure -
Status: in_force

Liability.

A. The privilege described by Section 5 of this act does not

apply to the extent the privilege is expressly waived by the owner

or operator who prepared the audit report or caused the report to be

prepared.

B. Disclosure of an audit report or any information generated

by an environmental or health and safety audit does not waive the

privilege established by Section 5 of this act if the disclosure:

1. Is made to address or correct a matter raised by the

environmental or health and safety audit and is made only to:

a. a person employed by the owner or operator, including

temporary and contract employees,

b. a legal representative of the owner or operator,

c. an officer or director of the regulated facility or

operation or a partner of the owner or operator,

d. an independent contractor retained by the owner or

operator,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 50

e. a person considering the acquisition of the regulated

facility or operation that is the subject of the

audit, or

f. an employee, temporary employee, contract employee,

legal representative, officer, director, partner or

independent contractor of a person described in

subparagraph e of this paragraph;

2. Is made under the terms of a confidentiality agreement

between the person for whom the audit report was prepared or the

owner or operator of the audited facility or operation and:

a. a partner or potential partner of the owner or

operator of the facility or operation,

b. a transferee or potential transferee of the facility

or operation,

c. a lender or potential lender for the facility or

operation,

d. a governmental official of a state agency, or

e. a person engaged in the business of insuring,

underwriting or indemnifying the facility or

operation; or

3. Is made under a claim of confidentiality to a governmental

official or agency by the person for whom the audit report was

prepared or by the owner or operator.

C. A party to a confidentiality agreement described in

paragraph 2 of subsection B of this section who violates that

agreement is liable for damages caused by the disclosure and for any

other penalties stipulated in the confidentiality agreement.

D. Information that is disclosed under paragraph 3 of

subsection B of this section is confidential and is not subject to

disclosure under Section 24A.1 et seq. of Title 51 of the Oklahoma

Statutes. A public entity, public employee or public official who

discloses information in violation of this subsection is subject to

penalty. It is an affirmative defense to the clerical dissemination

of a privileged audit report that the report was not clearly labeled

"COMPLIANCE REPORT: PRIVILEGED DOCUMENT" or words of similar

import. The lack of labeling may not be raised as a defense if the

entity, employee or official knew or had reason to know that the

document was a privileged audit report.

E. This section may not be construed to circumvent the

protections provided by federal or state law for individuals who

disclose information to law enforcement authorities.
Okla. Stat. tit. 27A, § 27A-2-4-302 — OK Code / Title 27A / Section 27A-2-4-302
Promulgation of rules - Fee schedule - Disposition of
Status: in_force

fees.

A. The Board of Environmental Quality shall promulgate rules

for accreditation of privately and publicly owned laboratories for

performance of environmental analyses. The Board may also

promulgate rules which adopt standards of a national environmental

laboratory accreditation program and the United States Environmental

Protection Agency by reference.

B. The Board, pursuant to Section 2-2-101 of this title and the

Administrative Procedures Act, shall promulgate rules for the

assessment of reasonable fees to participating laboratories for the

administrative costs of the accreditation program.

C. Fees charged pursuant to this section shall be paid into the

Department of Environmental Quality Revolving Fund and shall only be

used by the Department in administering the Department's laboratory

accreditation program.
Okla. Stat. tit. 27A, § 27A-2207 — OK Code / Title 27A / Section 27A-2207
Ottawa Reclamation Authority - Termination
Status: in_force

On the effective date of this act, the Ottawa Reclamation

Authority, created pursuant to Section 801, et seq., of Title 45 of

the Oklahoma Statutes, shall be terminated, and all activities of

the Authority shall cease, notwithstanding the provisions of the

Oklahoma Sunset Law. Upon dissolution of the Authority, its assets

and records, in their entirety, shall be transferred to the state

beneficiary public trust created pursuant to the Lead-Impacted

Communities Relocation Assistance Act.
Okla. Stat. tit. 27A, § 27A-1-4-110 — OK Code / Title 27A / Section 27A-1-4-110
Short title - Oklahoma Environmental, Health and
Status: in_force

Safety Audit Privilege Act.

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

Environmental, Health and Safety Audit Privilege Act".
Okla. Stat. tit. 27A, § 27A-2-3-402 — OK Code / Title 27A / Section 27A-2-3-402
Schedule of fees
Status: in_force

A. The Board shall establish schedules of fees to be charged

for applications for, or the issuance of, new, modified or renewed

permits, licenses, certificates and other authorizations and for

such other environmental services as are involved in the regulation

of environmental functions and programs authorized by the provisions

of this Code. Such fees shall be subject to the following

limitations:

1. The Board shall follow the procedures required by the

Administrative Procedures Act for promulgation of rules in

establishing or amending any such schedule of fees;

2. The Board shall base its schedule of fees for each

environmental function or program upon the reasonable costs of

operating such environmental functions or programs, including, but

not limited to, the costs of administration, personnel, office

space, equipment, training, travel, inspection and review rendered

in connection with each such function or program;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 83

3. The Board shall promulgate rules establishing fee schedules

for services, functions and programs within the advisory

jurisdiction of a Council created by this Code only upon receipt of

fee schedule recommendations from such Council;

4. Any facility exempt from the requirement to obtain a permit

based on date of construction or start-up may be assessed an annual

permit renewal fee equivalent; and

5. The Department shall expend monies received from permit,

license and certification programs, including but not limited to

application, review, inspection, monitoring and operating fees, only

on the direct or indirect costs of the specific programs from which

such monies originate.

B. The Board shall establish a schedule of fees to be charged

for services including, but not limited to, searches, compilations,

certifications or reproduction of maps and publications,

transcripts, blueprints, computer data, electronic recordings or

documents. Such fees shall be based on the actual cost to the

Department for the provision of such services.

C. The Board shall promulgate a schedule of fees for the

provision of services to validate reports from facilities required

to report, but not merely to notify, under the Oklahoma Hazardous

Materials Planning and Notification Act.

D. The Board's authority to establish fee schedules by rule

shall extend to all programs administered by the Department,

regardless of whether the statutes creating such programs are

codified in Title 27A of the Oklahoma Statutes.
Okla. Stat. tit. 27A, § 27A-3-1-102 — OK Code / Title 27A / Section 27A-3-1-102
Legislative determination - Declaration of policy
Status: in_force

In recognition of the ever-increasing demands on the renewable

natural resources of the state and of the need to preserve, protect

and develop such resources at such a rate and at such levels of

quality as will meet the needs of the people of the state, it is

hereby declared to be the policy of the State of Oklahoma to provide

for the conservation of the renewable natural resources of this

state, and for the control and prevention of soil erosion, and for

the prevention of floodwater and sediment damages, and for

furthering the conservation, development, utilization and disposal

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 331

of water, and thereby to preserve and develop natural resources,

control floods, conserve and develop water resources and water

quality, prevent impairment of dams and reservoirs, preserve

wildlife, preserve natural beauty, promote recreational development,

protect the tax base, protect public lands and protect and promote

the health, safety and general welfare of the people of this state.

It is further the policy of the Legislature to authorize

conservation districts established under the Conservation District

Act to serve as the primary local unit of government responsible for

the conservation of the renewable natural resources of this state,

and competent to administer, in close cooperation with landowners

and occupiers, with local governmental units, and with agencies of

the government of this state and of the United States, projects,

programs and activities suitable for effectuating the policy of the

Conservation District Act. Provided, however, in those areas

included within the existing jurisdiction of planning commissions

created pursuant to the provisions of Titles 11 and/or 19, of the

Oklahoma Statutes or their successors, such districts shall serve as

the collateral units of government so responsible.
Okla. Stat. tit. 27A, § 27A-1-1-207 — OK Code / Title 27A / Section 27A-1-1-207
Kyoto Protocol – Implementation – Ratification by
Status: repealed

United States Senate.

A. Neither the legislative or executive branch of the State of

Oklahoma shall take actions to implement the Kyoto Protocol until

such time as the Kyoto Protocol has been ratified by the United

States Senate or otherwise enacted into law.

B. Nothing in this section shall:

1. Be construed to limit or to impede state or private

participation in any ongoing voluntary initiatives to reduce

greenhouse gases, including, but not limited to, the United States

Environmental Protection Agency’s Green Lights program, the United

States Department of Energy’s Climate Challenge program and similar

state and federal initiatives relying on voluntary participation;

provided, however, that such participation does not involve any

allocation or other distribution of greenhouse gas emission

entitlements pursuant to or under color of the Kyoto Protocol; or

2. Prohibit industry from complying with the Oklahoma Clean Air

Act as it exists or may be amended, or prohibit the Department of

Environmental Quality from carrying out its duties under the

Oklahoma Clean Air Act as it exists or may be amended, or prohibit

the Environmental Quality Board from promulgating rules to maintain

or achieve compliance with the Federal Clean Air Act as it exists or

may be amended.

C. This section shall remain in full force and effect until

repealed by the Legislature of the State of Oklahoma, or until such

time as the Kyoto Protocol is ratified by the United States Senate.
Okla. Stat. tit. 27A, § 27A-6 — OK Code / Title 27A / Section 27A-6
Renumbered as § 1-3-101 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2205 — OK Code / Title 27A / Section 27A-2205
No property right or right in action created -
Status: in_force

Discretion of trust to determine affected areas and property values

- Contracts with substate planning districts.

A. Neither the enactment of this act nor the grant of funds to

a trust shall create any property right or right in action. The

courts shall have no jurisdiction to entertain any action against a

recipient trust, the State of Oklahoma, their officers or agents

founded on a claim that the claimant should have received different

or better treatment from the trust.

B. The determinations made by the trust pursuant to this

relocation assistance program including, without limitation,

determinations as to what constitutes the most affected area of the

site, the area of greatest subsidence risk, the average rental cost

of comparable housing, the average cost of comparable properties,

the eligibility of any person for assistance, and the determination

of the proper amount of such assistance, if any, shall be committed

to the sole discretion of the trust based on the information

available to it and shall not be subject to judicial review.
Okla. Stat. tit. 27A, § 27A-2100 — OK Code / Title 27A / Section 27A-2100
Renumbered as § 2-10-503 of this title by Laws 1993, c
Status: in_force

324, § 57, eff. July 1, 1993.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 410
Okla. Stat. tit. 27A, § 27A-2-7-117 — OK Code / Title 27A / Section 27A-2-7-117
Multi-user on-site treatment facilities - Permits -
Status: in_force

Suitability factors.

A. Two or more persons generating hazardous waste may enter

into a compact to construct and operate a multi-user on-site

treatment facility for the exclusive use of the members of such

compact. Such facility shall not be used as a hazardous waste

facility for off-site treatment, storage or disposal of hazardous

waste.

B. To be eligible for a permit issued pursuant to the

provisions of this section and the Oklahoma Hazardous Waste

Management Act, a multi-user on-site treatment facility shall meet

the following criteria:

1. The facility may be co-owned by the generators of hazardous

waste who are members of the compact;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 183

2. Each member of the compact shall be identified in the

application and permit. In addition, the individual hazardous waste

generated by each member shall be separately and distinctly

characterized in the application and in the permit and shall meet

the compatibility requirements established by the Department;

3. The facilities generating hazardous waste which is to be

treated at the multi-user on-site treatment facility shall be

located within the same county as the multi-user on-site treatment

facility;

4. The multi-user on-site treatment facility shall be located

upon the property of one of the compact members;

5. Financial responsibility requirements shall be the

responsibility of the compact members and shall be prorated

according to the relative amount of hazardous waste of a generator

to be treated at the facility; and

6. The Department may require such other criteria and

information in order to determine if the multi-user on-site

treatment facility is physically and technically suitable for the

hazardous waste to be treated at the facility.

C. A multi-user on-site treatment facility, located within an

industrial park which treats, stores or disposes of wastes that are

produced only within that industrial park, may be owned or operated

by persons other than the generators of the waste.

D. Upon compliance with the provisions of the Oklahoma

Hazardous Waste Management Act, this section and rules promulgated

thereunder, the Department shall issue a permit for the construction

and operation of a multi-user on-site treatment facility.

E. The board of county commissioners of the county in which a

multi-user on-site treatment facility is proposed to be located

shall review all transportation routes between such proposed

location and the facilities generating hazardous waste which are

operated by members of the compact. The provisions of Section 2-7-

115 of this title relating to county roads and bridges shall apply

to permit applications for multi-user on-site treatment facilities.
Okla. Stat. tit. 27A, § 27A-2-7-119 — OK Code / Title 27A / Section 27A-2-7-119
Permit fees
Status: in_force

A. The Environmental Quality Board shall establish a schedule

of fees, pursuant to Section 2-3-402 of this title and the

Administrative Procedures Act, to be charged for applications to

issue and renew permits for hazardous waste facilities and for the

regulation of hazardous waste. Such fees shall only be used for the

implementation of the provisions of the Oklahoma Hazardous Waste

Management Act pursuant to Section 2-3-402 of this title.

B. The Environmental Quality Board shall charge fees only

within the following ranges:

For permit application: $5,000.00 to $50,000.00

For application resubmittal: $100.00 to $1,000.00

For monitoring: $300.00 to $2,000.00 per year.

C. The Environmental Quality Board shall develop a separate

schedule of reduced fees of not less than Twenty-five Dollars

($25.00) and no more than Seventy-five Dollars ($75.00) for small

quantity generators.
Okla. Stat. tit. 27A, § 27A-4-1-101 — OK Code / Title 27A / Section 27A-4-1-101
Short title - Purpose
Status: in_force

A. This article shall be known and may be cited as the

"Oklahoma Emergency Response Act".

B. The purpose of the Oklahoma Emergency Response Act is to:

1. Provide a rapid, coordinated and effective network for

response to dangerous substances incidents or events necessary to

protect the public health and safety and the environment of this

state, and to preserve property;

2. Provide direction and information to responders for the

management of dangerous substances incidents or events;

3. Reduce duplication of effort between local, county and state

entities; and

4. Organize, prepare and coordinate all state available

manpower, materials, supplies, equipment, facilities and services

necessary for dangerous substances response.
Okla. Stat. tit. 27A, § 27A-2-11-606 — OK Code / Title 27A / Section 27A-2-11-606
Retailer-Sale requirements
Status: in_force

A retailer shall not sell or offer for sale a covered device in

this state unless the covered device is labeled in accordance with

Section 5 of this act and the manufacturer of the covered device is

included on the state list of manufacturers with recovery plans.
Okla. Stat. tit. 27A, § 27A-2-2-103 — OK Code / Title 27A / Section 27A-2-2-103
Attorney General as legal counsel
Status: in_force

The Office of the Attorney General of this state shall serve as

legal counsel for the Environmental Quality Board and shall assist

the Board in the performance of its duties pursuant to the

Environmental Quality Code.
Okla. Stat. tit. 27A, § 27A-2-7-402 — OK Code / Title 27A / Section 27A-2-7-402
Definitions
Status: in_force

As used in the Oklahoma Highway Remediation and Cleanup Services

Act:

1. "Highway remediation and cleanup service" means the removal

of cargo involved in and the containment, removal or remediation of

spills occurring as the result of a collision involving a truck,

truck-tractor, trailer, or any combination thereof;

2. "Executive Director" means the Executive Director of the

Department of Environmental Quality;

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

and

4. "Operator" means any person owning, operating or engaging in

a highway remediation and cleanup service.
Okla. Stat. tit. 27A, § 27A-1011 — OK Code / Title 27A / Section 27A-1011
Short title
Status: in_force

Sections 1 through 7 of this act shall be known and may be cited

as the "State Beneficiary Public Trusts - Publicly Owned Treatment

Works Act".
Okla. Stat. tit. 27A, § 27A-2-3-103 — OK Code / Title 27A / Section 27A-2-3-103
Administrative Law Judges - Duties - Qualifications -
Status: in_force

Proceedings.

A. The Department shall employ one or more Administrative Law

Judges to conduct individual proceedings, and perform such other

duties as are assigned to them by the Executive Director which are

not inconsistent with their statutory duties.

B. Each Administrative Law Judge shall:

1. Have a general knowledge of the contaminants, pollutants,

wastes and other materials which are regulated by the Oklahoma

Environmental Quality Code;

2. Have a working knowledge of the laws and rules under this

Code;

3. Be currently licensed to practice law by the Supreme Court

of this state; and

4. Not be an owner, stockholder, employee or officer of, nor

have any other business relationship with, any corporation,

partnership, or other business or entity that is subject to

regulation by the Department.

C. Individual proceedings shall be conducted in compliance with

Article II of the Administrative Procedures Act, this Code and rules

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

Chapter 1 of this title shall be known and may be cited as the

"Oklahoma Environmental Quality Act".
Okla. Stat. tit. 27A, § 27A-2-10-202 — OK Code / Title 27A / Section 27A-2-10-202
Powers and duties of Department of Environmental
Status: in_force

Quality.

A. The Department of Environmental Quality shall have the power

and duty to:

1. Advise, consult and cooperate with other agencies and

instrumentalities of the state, other states and the federal

government and with affected groups and industries in the

formulation of plans and the implementation of the solid waste

disposal program;

2. Administer and make available such loans and grants from the

federal government and from other sources as may be available to the

Department for the planning, construction, and operation of solid

waste disposal sites;

3. Develop a statewide integrated solid waste management plan

with input from the public, municipal and county governments and

regional solid waste planning and management entities;

4. Review and act upon applications for solid waste disposal

site permits, inspect construction, operation, closure and

maintenance of solid waste disposal sites and establish standards

for and oversee the remediation of contaminated soils resulting from

releases or spills associated with transit or other activities not

subject to permitting requirements and not subject to the

jurisdiction of another state environmental agency;

5. Perform investigations and inspections which it deems

necessary to ensure compliance with the Oklahoma Environmental

Quality Code, the Oklahoma Solid Waste Management Act and rules

promulgated thereunder and orders, permits and licenses issued

pursuant thereto;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 231

6. Provide technical assistance to solid waste planning units,

public solid waste management service entities, political

subdivisions, business and industry, and the general public to

promote development and implementation of recycling activities to

meet the goals of the Oklahoma Solid Waste Management Act;

7. Establish and maintain, or cause to be established and

maintained, in cooperation with the Department of Commerce, a

database for tracking markets for materials which are being or could

be recovered from the municipal solid waste stream in Oklahoma. The

database shall contain information including but not limited to the

names and addresses of buyers and sellers of secondary materials

relevant to Oklahoma, market prices, and specifications required by

buyers;

8. Establish an office for local solid waste systems

development and coordination; and

9. Establish a certification program for control officers

employed by regional solid waste management districts within this

state or governments or county government instrumentalities within

this state who are responsible for the investigation and enforcement

of the laws of this state relating to illegal dumps. Such certified

control officers shall have the authority to investigate and report

violations to the proper authority pursuant to the provisions of

Section 1761.1 of Title 21 of the Oklahoma Statutes.

B. Any local governing body may by ordinance or resolution

adopt standards for the location, design, construction, and

maintenance of solid waste disposal sites and facilities more

restrictive than those promulgated by the Board under the provisions

of the Oklahoma Solid Waste Management Act.
Okla. Stat. tit. 27A, § 27A-2-10-403 — OK Code / Title 27A / Section 27A-2-10-403
Renumbered as § 2-6-501.3 of this title by Laws
Status: in_force

1994, c. 353, § 42, eff. July 1, 1994.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 241
Okla. Stat. tit. 27A, § 27A-7 — OK Code / Title 27A / Section 27A-7
Renumbered as § 2-2-101 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-3-3-302 — OK Code / Title 27A / Section 27A-3-3-302
Notice of filing period
Status: in_force

Each district shall give due notice of the filing period for

election of district directors, during the first three (3) weeks in

April, setting forth the period in which notifications and

declarations of candidacy are to be filed.

Due notice shall be given in each district of the election. The

last publication of the notice shall be not less than five (5) days

before the date of the election. Said notice shall set forth the

purpose, time, date, and polling places for the election.
Okla. Stat. tit. 27A, § 27A-2201 — OK Code / Title 27A / Section 27A-2201
Short title
Status: in_force

This act shall be known and may be cited as the “Lead-Impacted

Communities Relocation Assistance Act”.
Okla. Stat. tit. 27, § 27-12 — OK Code / Title 27 / Section 27-12
Inverse condemnation proceedings - Reimbursement of
Status: in_force

expenses.

Where an inverse condemnation proceeding is instituted by the

owner of any right, title or interest in real property because of

use of his property in any public program or project described in

Section 1 of this act, the court, rendering a judgment for the

plaintiff in such proceeding and awarding compensation for the

taking of property, or the state's attorney effecting a settlement

of any such proceeding, shall determine an award or allow to such

plaintiff, as a part of such judgment or settlement, such sum as

will, in the opinion of the court or the acquiring entity's

attorney, respectively, reimburse such plaintiff for his reasonable

costs, disbursements and expenses, including reasonable attorney,

appraisal and engineering fees, actually incurred because of such

proceeding. A determination by the court shall be appealable to the

Supreme Court in the same manner as any other final order.
Okla. Stat. tit. 27A, § 27A-2-14-305 — OK Code / Title 27A / Section 27A-2-14-305
General permits
Status: in_force

For common and routine permit applications, the Department of

Environmental Quality may expedite the permitting process by issuing

permits of general applicability, hereafter identified as "general

permits". General permits shall be subject to all the Tier II

administrative procedures including the public participation

requirements. The administrative process for rulemaking shall not

be applicable to the issuance of general permits. Individual

applicants may obtain authorization through the Tier I process to

conduct an activity covered by a general permit. General permits

are limited to activities under the Tier I and Tier II

classifications.
Okla. Stat. tit. 27A, § 27A-2-6-310.1 — OK Code / Title 27A / Section 27A-2-6-310.1
Legislative findings and declaration
Status: in_force

A. The Oklahoma Legislature finds that a safe public

groundwater supply is one of the most valuable natural resources in

this state.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 150

B. The Legislature recognizes and declares that the management,

funding, protection and conservation of public groundwater supplies

and the beneficial uses thereof are essential to the economic

prosperity and future well-being of the state. As such, the public

interest demands procedures for the development and implementation

of management practices to conserve and protect public groundwater

supplies.
Okla. Stat. tit. 27A, § 27A-2-15-101 — OK Code / Title 27A / Section 27A-2-15-101
Short title
Status: in_force

Sections 2-15-101 through 2-15-110 of this title shall be known

and may be cited as the "Oklahoma Brownfields Voluntary

Redevelopment Act".
Okla. Stat. tit. 27A, § 27A-2-6-205 — OK Code / Title 27A / Section 27A-2-6-205
Unlawful discharge - Permit requirements - Authority
Status: in_force

of Department.

A. Except as otherwise provided in subsection B of this

section, it shall be unlawful for any facility, activity or entity

regulated by the Department of Environmental Quality pursuant to the

Oklahoma Pollutant Discharge Elimination System Act to discharge any

pollutant into waters of the state or elsewhere without first

obtaining a permit from the Executive Director.

B. The Environmental Quality Board shall promulgate rules which

prescribe permit requirements applicable to discharges composed

entirely of stormwater. The rules may require permits on a case-by-

case basis, exempt categories of discharges, or provide a schedule

for obtaining a permit. No later than the date that the Department

is to receive authorization to administer a state National Pollutant

Discharge Elimination Systems program, the Board shall have

promulgated rules for stormwater discharges which comply with

Environmental Protection Agency requirements for approval of the

state National Pollutant Discharge Elimination Systems program.

C. The Department of Environmental Quality shall have the

authority to determine whether a facility, activity or entity

regulated by the Department pursuant to the Oklahoma Pollutant

Discharge Elimination System Act is required to obtain a stormwater

permit. No other state agency shall condition any license, permit

or other form of authorization issued by that agency upon the

applicant obtaining a stormwater permit from the Department if the

applicant is not required to obtain a stormwater permit pursuant to

Department statutes and rules promulgated by the Board.
Okla. Stat. tit. 27A, § 27A-3-3-414 — OK Code / Title 27A / Section 27A-3-3-414
Transfer of employee service time
Status: in_force

A conservation district employee who transfers to a state agency

shall not lose the service time the employee has accrued for the

purposes of calculating longevity benefits and leave benefits.
Okla. Stat. tit. 27A, § 27A-4-1-104 — OK Code / Title 27A / Section 27A-4-1-104
Liability for release of dangerous substance -
Status: in_force

Construction of act.

The provisions of the Oklahoma Emergency Response Act shall not

be construed to effect or remove the liability of the person who

owns the dangerous substance for injury or damages incurred as a

result of the release of the dangerous substance.
Okla. Stat. tit. 27A, § 27A-2-4-303 — OK Code / Title 27A / Section 27A-2-4-303
Applications for accreditation - Form and manner -
Status: in_force

On-site evaluations - Issuance or denial of accreditation.

A. Applications for accreditation shall be made in the form and

manner established by the Department of Environmental Quality.

B. The Department may make on-site evaluations of applicant

laboratories.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 95

C. 1. Based upon completion of the criteria evaluation by the

Department or other evaluations, the Department shall either issue

or deny accreditation to an applicant laboratory.

2. Only those laboratories that meet Department rules shall be

accredited. Letters of accreditation shall be issued only for the

categories or analytes for which the capabilities and adequacy of

the laboratory have been demonstrated.

3. Causes for denial of an application shall include, but not

be limited to, the misrepresentation of or the omission of fact or

facts from any accreditation application or the failure to

demonstrate compliance with Board rules. If accreditation is

denied, the Department shall give written notice to the applicant of

such denial and the reasons therefor.
Okla. Stat. tit. 27A, § 27A-2-16-102 — OK Code / Title 27A / Section 27A-2-16-102
Purpose
Status: in_force

The purpose of the Oklahoma Refinery Revitalization Act is to

encourage the expansion of refining capacity within the State of

Oklahoma by providing incentives for growth and by detailing an

accelerated review and approval process of all regulatory approvals

for certain refinery facilities. Additionally, the act seeks to

provide legal and technical assistance to state agencies, which may

have resources that are inadequate to meet refinery facility permit

review demands.