Okla. Stat. tit. 27A, § 27A-2-3-502 — OK Code / Title 27A / Section 27A-2-3-502
Notice of Code violation - Administrative remedies,
Status: in_force

compliance - Penalties, corrective action.

A. If upon inspection or investigation, or whenever the

Department determines that there are reasonable grounds to believe

that any person is in violation of this Code or any rule promulgated

thereunder or of any order, permit or license issued pursuant

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 86

thereto, the Department may give written notice to the alleged

violator of the specific violation and of the alleged violator's

duty to correct such violation immediately or within a set time

period or both and that the failure to do so will result in the

issuance of a compliance order.

B. In addition to any other remedies provided by law, the

Department may, after service of the notice of violation, issue a

proposed compliance order to such person. A proposed compliance

order shall become a final order unless, no later than fifteen (15)

days after the order is served, any respondent named therein

requests an administrative enforcement hearing.

1. The proposed compliance order may, pursuant to subsection K

of this section:

a. assess an administrative penalty for past violations

of this Code, rules promulgated thereunder, or the

terms and conditions of permits or licenses issued

pursuant thereto, and

b. propose the assessment of an administrative penalty

for each day the respondent fails to comply with the

compliance order.

2. Such proposed order may specify compliance requirements and

schedules, or mandate corrective action, or both.

C. Failure to comply with a final compliance order, in part or

in whole, may result in the issuance of an assessment order

assessing an administrative penalty as authorized by law, or a

supplementary order imposing additional requirements, or both. Any

proposed order issued pursuant to this subsection shall become final

unless, no later than seven (7) days after its service, any

respondent named therein requests an administrative enforcement

hearing.

D. Notwithstanding the provisions of subsection A and B of this

section, the Executive Director, after notice and opportunity for an

administrative hearing, may revoke, modify or suspend the holder's

permit or license in part or in whole for cause, including but not

limited to the holder's:

1. Flagrant or consistent violations of this Code, of rules

promulgated thereunder or of final orders, permits or licenses

issued pursuant thereto;

2. Reckless disregard for the protection of the public and the

environment as demonstrated by noncompliance with environmental laws

and rules resulting in endangerment of human health or the

environment; or

3. Actions causing, continuing, or contributing to the release

or threatened release of pollutants or contaminants to the

environment.

E. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health or welfare

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 87

or the environment, the Executive Director may without notice or

hearing issue an order, effective upon issuance, reciting the

existence of such an emergency and requiring that such action be

taken as deemed necessary to meet the emergency. Any person to whom

such an order is directed shall comply therewith immediately but may

request an administrative enforcement hearing thereon within fifteen

(15) days after the order is served. Such hearing shall be held by

the Department within ten (10) days after receipt of the request.

On the basis of the hearing record, the Executive Director shall

sustain or modify such order.

F. Except as otherwise expressly provided by law, any notice of

violation, order, or other instrument issued by or pursuant to

authority of the Department may be served on any person affected

thereby personally, by publication, or by mailing a copy of the

notice, order, or other instrument by certified mail return-receipt

requested directed to such person at his last-known post office

address as shown by the files or records of the Department. Proof

of service shall be made as in the case of service of a summons or

by publication in a civil action. Such proof of service shall be

filed in the Office of Administrative Hearings.

G. Every certificate or affidavit of service made and filed

shall be prima facie evidence of the facts therein stated. A

certified copy thereof shall have like force and effect.

H. 1. The administrative hearings provided for in this section

shall be conducted as individual proceedings in accordance with, and

a record thereof maintained pursuant to, Article II of the

Administrative Procedures Act, this Code and rules promulgated

thereunder. When a hearing is timely requested by a respondent

pursuant to this section, the Department shall promptly conduct such

hearing.

2. Such hearing shall be conducted by an Administrative Law

Judge or by the Executive Director. When an Administrative Law

Judge holds the hearing, such Judge shall prepare a proposed order

and shall:

a. serve it on the parties, by regular mail, and may

offer an opportunity for parties to file exceptions to

the proposed order before a final order is entered in

the event the Executive Director does not review the

record, and

b. present the proposed order, the exceptions, if any,

and the record of the matter to the Executive

Director, or

c. present the proposed order and the record of the

matter to the Executive Director for review and entry

of a final order for any default, failure to appear at

the hearing or if the parties by written stipulation

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 88

waive compliance with subparagraph a of this

paragraph.

3. For administrative proceedings conducted by an

Administrative Law Judge pursuant to this section, the Executive

Director may adopt, amend or reject any findings or conclusions of

the Administrative Law Judge or exceptions of any party and issue a

final order accordingly, or may in his discretion remand the

proceeding for additional argument or the introduction of additional

evidence at a hearing held for the purpose. A final order shall not

be issued by the Executive Director until after:

a. the opportunity for exceptions has lapsed without

receiving exceptions, or after exceptions, briefs and

oral arguments, if any, are made, or

b. review of the record by the Executive Director.

4. Any order issued by the Department shall become final upon

service.

I. Any party aggrieved by a final order may petition the

Department for rehearing, reopening or reconsideration within ten

(10) days from the date of the entry of the final order. Any party

aggrieved by a final order, including the Attorney General on behalf

of the state, may, pursuant to the Administrative Procedures Act,

petition for a judicial review thereof.

J. If the Attorney General seeks redress on behalf of the

state, as provided for in subsection I of this section, the

Executive Director is empowered to appoint a special counsel for

such proceedings.

K. 1. Unless specified otherwise in this Code, any penalty

assessed or proposed in an order shall not exceed Ten Thousand

Dollars ($10,000.00) per day of noncompliance.

2. The determination of the amount of an administrative penalty

shall include, but not be limited to, the consideration of such

factors as the nature, circumstances and gravity of the violation or

violations, the economic benefit, if any, resulting to the

respondent from the violation, the history of such violations and

respondent's degree of culpability and good faith compliance

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

upon which such violation occurs shall constitute a separate

violation.

L. Notwithstanding the provisions of subsections A and B of

this section, the Department may, within three (3) years of

discovery, apply for the assessment of an administrative penalty for

any violation of this Code, or rules promulgated thereunder or

permits or licenses issued pursuant thereto.

M. Any order issued pursuant to this section may require that

corrective action be taken. If corrective action must be taken on

adjoining property, the owner of such adjoining property shall not

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 89

give up any right to recover damages from the responsible party by

allowing corrective action to occur.

N. Inspections, investigations, administrative enforcement

hearings and other administrative actions or proceedings pursuant to

the Code shall not be the basis for delaying judicial proceedings

between private parties involving the same subject matter.
Okla. Stat. tit. 27, § 27-18 — OK Code / Title 27 / Section 27-18
Landowner’s Bill of Rights
Status: in_force

A. The Attorney General shall prepare a written statement that

includes a "Landowner's Bill of Rights" for a property owner whose

real property may be acquired by a person, acquiring agency, or

other entity through the use of the entity's eminent domain

authority under this title or Title 66 of the Oklahoma Statutes.

The statement shall be made available to the public and written in

plain language designed to be easily understood by the average

property owner.

B. The Landowner's Bill of Rights shall notify each property

owner of the right to:

1. Notice of the proposed acquisition of the owner's property;

2. A bona fide good-faith effort to negotiate by the entity

proposing to acquire the property;

3. An assessment of damages to the owner that will result from

the taking of the property;

4. A hearing under this title, including a hearing on the

assessment of damages;

5. An appeal of a judgment in a condemnation proceeding,

including an appeal of an assessment of damages; and

6. First refusal or right of first offer if the acquired land

is ever sold by the state or any state agency or any person who

acquired the land through the use of eminent domain authority. If

the landowner chooses to exercise this right, the price would be the

lower of either the current market value or the price received by

the landowner under the eminent domain sale. This right shall be

available to the landowner in the original eminent domain sale and

to the first generation of heirs.

However, acquired land may be transferred to another state

agency without prompting the first refusal or right of first refusal

as provided in this paragraph.

C. The statement shall include:

1. The title "Landowner's Bill of Rights"; and

2. A description of:

a. the condemnation procedures provided by this title,

b. the condemning entity's obligations to the property

owner,

Oklahoma Statutes - Title 27. Eminent Domain Page 11

c. the property owner's options during a condemnation,

including the property owner's right to object to and

appeal an amount of damages awarded, and

d. the property owner's right of first refusal or right

of first offer if the acquired land is ever sold by

the state or any state agency or any person who

acquired the land through the use of eminent domain

authority.
Okla. Stat. tit. 27A, § 27A-1-4-116 — OK Code / Title 27A / Section 27A-1-4-116
Disclosure by court or administrative hearings
Status: in_force

officials.

A. A court or administrative hearings official with competent

jurisdiction may require disclosure of a portion of an audit report

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 51

in a civil or administrative proceeding if the court or

administrative hearings official determines, after an in camera

review consistent with the appropriate rules of procedure, that:

1. The privilege is asserted for a fraudulent purpose;

2. The portion of the audit report is not subject to the

privilege under Section 8 of this act; or

3. The portion of the audit report shows evidence of

noncompliance with an environmental or health and safety law and

appropriate efforts to achieve compliance with the law were not

promptly initiated and pursued with reasonable diligence after

discovery of noncompliance.

B. A party seeking disclosure under this section has the burden

of proving that paragraph 1, 2 or 3 of subsection A of this section

applies.

C. Notwithstanding Section 250 et seq. of Title 75 of the

Oklahoma Statutes, a decision of an administrative hearings official

under paragraph 1, 2 or 3 of subsection A of this section is

directly appealable to a court of competent jurisdiction without

disclosure of the audit report to any person unless so ordered by

the court.

D. A person claiming the privilege is subject to sanctions as

provided by Section 3226.1 of Title 12 of the Oklahoma Statutes if

the court finds that the person willfully or knowingly claimed the

privilege for information as provided in Section 8 of this act.

E. A determination of a court under this section is subject to

interlocutory appeal to an appropriate appellate court.
Okla. Stat. tit. 27A, § 27A-2-10-802 — OK Code / Title 27A / Section 27A-2-10-802
Scales - Fees, reimbursement, exemptions -
Status: in_force

Expenditure of funds - Annual report.

A. 1. Owners or operators of landfill disposal sites which are

not generator-owned and -operated nonhazardous industrial waste

monofills and owners or operators of commercial incinerators shall

install scales. Such scales shall be installed on or within five

(5) miles of the landfill disposal site or incinerator and shall be

tested and certified as required by Section 14-35 of Title 2 of the

Oklahoma Statutes relating to the authority of the State Board of

Agriculture to test the standards of weights and measures within the

state and to approve if found to be correct. For purposes of this

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 252

section, any reference to "incinerator" or "incineration" shall

encompass waste-to-energy facilities that produce recoverable energy

by high-temperature combustion.

2. The owner or operator shall upon receipt weigh all waste

received and record the weight in writing. If scales at a disposal

site or incinerator are not operative, tonnage shall be estimated on

a volume basis whereby the volume reported shall be no less than the

volume capacity of the containers or, if none, of the vehicles

delivering the waste, and one cubic yard of solid waste shall be

calculated to weigh one-third (1/3) ton. The owner or operator

shall place notice in the operating record of the disposal site or

incinerator of the time and date at which the scales became

inoperable, describe the steps taken to repair them, and note the

date use was resumed. If daily use has not resumed within thirty

(30) days after the scales became inoperable, the owner or operator

shall give written notice to the Department of Environmental

Quality.

3. The owner or operator shall also maintain a written record

of the weight or volume of any solid waste received which is

productively reused or recovered in materially the same form as when

received and sold in accordance with the permit for the landfill

disposal site or incinerator.

4. The scale location restriction of this subsection shall not

apply to federal or state military installations so long as:

a. the scales are located within the physical boundary of

that installation, and

b. the disposal site or incinerator receives waste only

from that military installation.

B. 1. Except as otherwise provided by this subsection:

a. owners and operators of landfill disposal sites or

commercial incinerators which receive an average of

less than one hundred (100) tons of solid waste per

operating day shall assess a fee of One Dollar and

fifty cents ($1.50) per ton of solid waste received

for disposal or incineration. A total of fifty cents

($.50) per ton of such fee shall be retained by the

owner or operator and used exclusively for capital

improvement to their facilities and for the projects

required pursuant to the Oklahoma Solid Waste

Management Act or the permit for the disposal site or

incinerator for such period of time necessary to

recoup a capital investment, plus the interest costs

expended in purchasing the scales, of a total of Forty

Thousand Dollars ($40,000.00),

b. when the owner or operators have recouped a capital

investment of the total specified in subparagraph a of

this paragraph, the fee to be assessed shall be One

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 253

Dollar and twenty-five cents ($1.25) per ton of solid

waste received for disposal or incineration. At such

time, for a return with remittance filed on or before

the due date, the owner or operator may deduct and

retain ten percent (10%) of the fees collected, and

c. records documenting the projects and use of the funds

shall be included with each return.

2. a. Owners and operators of landfill disposal sites or

commercial incinerators which receive an average of

more than one hundred (100) tons of solid waste per

operating day shall assess a fee of One Dollar and

fifty cents ($1.50) per ton of solid waste received

for disposal or incineration, retaining twenty-five

cents ($0.25) per ton for a period of time necessary

to recoup a capital investment, plus the interest

costs expended in purchasing the scales, of Forty

Thousand Dollars ($40,000.00). At the end of such

period the fee shall revert to One Dollar and twenty-

five cents ($1.25) per ton. For a return with

remittance filed on or before the due date, the owner

or operator may deduct and retain ten percent (10%) of

the fees collected.

b. Records documenting the capital investment and the use

of the funds shall be included with each return.

3. Owners and operators of commercial composting facilities

shall assess a fee of One Dollar and twenty-five cents ($1.25) per

ton of all composting material received.

4. a. Owners and operators of landfill disposal sites or

commercial incinerators may be reimbursed for capital

investment costs that have been or will be expended

for the purchase and installation of a wheel wash

system for use at the landfill disposal site or

commercial incinerator facility. To be eligible to

claim this reimbursement, the owner or operator must

notify the Department no later than January 1, 2011,

of the intent to claim the reimbursement, and the

wheel wash system must be in place and operational no

later than January 1, 2012. Reimbursement shall be

paid only after the wheel wash system is installed and

operational and each landfill disposal site or

commercial incinerator shall be eligible for

reimbursement for only one wheel wash system.

b. The owner or operator shall provide records

documenting the capital investment costs of the wheel

wash system to the Department.

c. At such time as the wheel wash system is in place and

operational and the capital investment costs have been

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 254

approved by the Department, the Department shall

reimburse the owner or operator the approved costs,

subject to the limitations in subparagraph d of this

paragraph. The Department shall reimburse eligible

applicants in the order of approval until that

limitation has been reached. If there are multiple

eligible applicants awaiting reimbursement, the

Department shall apportion the reimbursement amount

among the eligible applicants according to the capital

investment costs approved by the Department.

d. If the total amount reimbursed to all eligible owners

and operators reaches Fifty Thousand Dollars

($50,000.00) within any state fiscal year, the

Department shall notify the owners and operators, and

thereafter the owners and operators shall not receive

any reimbursement until the next state fiscal year.

e. The Environmental Quality Board is authorized to

promulgate rules as necessary to implement the

provisions of the Solid Waste Management Act,

including rules specifying minimum standards or other

criteria for wheel wash systems necessary to qualify

for the reimbursement.

5. The fee assessed by paragraph 1 or 2 of this subsection

shall not be imposed on:

a. the solid waste received which is productively reused

or recovered in materially the same form as when

received in accordance with the permit for the

landfill disposal site or incinerator. The owner or

operator shall include records pertaining to this fee

exemption in the quarterly return of fees to the

Department,

b. generator-owned and -operated nonhazardous waste land

disposal monofills and waste subject to a fee pursuant

to Section 2-10-803 of this title. For emergencies

and other special events, the Department and the owner

or operator of a site subject to this section may

enter into a formal agreement to waive the fee, and

c. ash produced as a result of the combustion in a

commercial incinerator of waste on which the fee

imposed by this section has been paid.

6. Large industrial waste generators who generate over ten

thousand (10,000) tons of nonhazardous industrial solid waste in the

state in a calendar year may annually apply to the Department for a

certificate exempting the disposal or incineration of such generated

waste in excess of ten thousand (10,000) tons from the disposal and

incineration fee authorized by this section. An applicant must have

implemented a pollution prevention plan for such waste and filed it

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 255

with the Department, provided operational documentation regarding

such plan and paid the disposal and incineration fee on ten thousand

(10,000) tons of the waste during the calendar year of application.

The Department-issued exemption certificates shall be valid for the

remainder of the calendar year of application, may contain

conditions, and, upon presentation by authorized persons, shall be

recognized by owners or operators of landfill disposal sites and

incinerators subject to this section. If a generator operates a

landfill or incinerator solely for waste from that generator, and if

that generator chooses to seek the exemption authorized by this

paragraph, the generator shall not be required to install scales or

keep records relative to quantity of waste received for the landfill

or incinerator.

7. The fee assessed by paragraph 1 or 2 of this subsection

shall be imposed for all nonhazardous solid wastes accepted for

disposal at a site or facility to which a solid waste or hazardous

waste permit has been issued by the Department of Environmental

Quality, and is to be a charge to waste producers in addition to any

charges specified in any contract or elsewhere. The fee shall be

imposed upon and passed through to disposers of waste using the

facility.

8. The owner or operator of a solid waste disposal site or

incinerator and the owner or operator of a commercial composting

facility shall collect the fee levied pursuant to this subsection as

trustee for the state and shall prepare and file with the Department

quarterly returns indicating:

a. the total tonnage of solid wastes or material for

composting received for disposal, incineration or

composting at the gate of the site, and

b. the total amount of the fees collected pursuant to

this section.

9. Not later than thirty (30) days after the end of the quarter

to which such a return applies, the owner or operator shall mail to

the Department the return for that quarter together with the fees

collected during that quarter as indicated on the return.

10. The owner or operator may receive an extension of not more

than thirty (30) days for filing the return and remitting the fees,

provided that:

a. the owner or operator has submitted a request for an

extension in writing to the Department together with a

detailed description of why the extension is

requested,

b. the Department has received the request not later than

the day on which the return is required to be filed,

and

c. the Department has approved the request.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 256

11. For any quarterly return filed more than thirty (30) days

after the last day of the quarter or extension date, the owner or

operator shall remit an additional five percent (5%) of the fees

collected during the month to which the return applies. If the fees

are not remitted within sixty (60) days of the last day of the

quarter during which they were collected, the owner or operator

shall pay an additional fifteen percent (15%) of the amount of the

fees for each month that they are late.

12. If the owner or operator misrepresents, or fails to

properly measure or record, the amount of waste received or fails to

remit fees within sixty (60) days after the last day of the quarter

during which they were collected, the permit for the landfill

disposal site, incinerator or commercial composting facility shall

be summarily suspended by order and the Department shall initiate

the process of revoking the permit and may require closure of the

landfill, incinerator or commercial composting facility.

C. 1. The Department shall expend funds collected pursuant to

the provisions of this section solely for the administration and

enforcement of the provisions of the Oklahoma Solid Waste Management

Act and for the development of solid waste technical assistance

programs, solid waste public environmental education programs and

educational curricula, solid waste studies, development of a

statewide solid waste plan, solid waste recycling and litter

prevention programs, and other environmental improvements.

2. In order to assist the Department of Environmental Quality

regarding its responsibilities relating to the promotion of

recycling of solid waste, each fiscal year the Department shall

contract with units of local government, political subdivisions of

this state, components of The Oklahoma State System of Higher

Education, local and statewide organizations representing

municipalities or counties, or substate planning districts

recognized by the Oklahoma Department of Commerce, for up to a total

of One Hundred Thousand Dollars ($100,000.00) and to the extent such

monies are available for projects promoting the recycling of solid

waste. Local governments, political subdivisions of this state,

components of The Oklahoma State System of Higher Education, local

and statewide organizations representing municipalities and counties

and substate planning districts recognized by the Oklahoma

Department of Commerce desiring to contract with the Department for

such projects shall meet the application requirements of rules

promulgated by the Environmental Quality Board and the criteria

established by a recycling priorities plan prepared annually by the

Department after review and comment by the Solid Waste Management

Advisory Council. Except as otherwise provided by this section,

contracts for such projects shall not be granted to state agencies.

3. Any litter prevention program shall be developed by the

Department in conjunction with the Department of Transportation.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 257

4. a. To the extent that funds are available, the Department

may also reimburse any governmental entity for

equipment other than motor vehicles or buildings to

separate, process, modify, convert or treat solid

waste or recovered materials so that the resulting

product is being used in a productive manner.

b. The reimbursements shall be from solid waste fee funds

and shall not exceed twenty-five percent (25%) of the

person's total project costs. No reimbursement may be

larger than Twenty Thousand Dollars ($20,000.00).

c. Reimbursements must be expended in accordance with

rules promulgated by the Environmental Quality Board

and criteria established through the Department's

annual recycling priorities plan. The Department

shall not expend more than Two Hundred Thousand

Dollars ($200,000.00) in each fiscal year for such

reimbursements, nor shall the Department reimburse

used tire recycling facilities that may be eligible

for compensation from the Used Tire Recycling

Indemnity Fund.

5. a. The Department, in conjunction with the Corporation

Commission, the Oklahoma Energy Resources Board and

the Oklahoma Conservation Commission, may develop a

plan to use suitable portions of the solid waste

stream to reclaim Oklahoma lands damaged by oil and

gas exploration and production or by mining

activities.

b. To the extent that funds are available, the Department

may use up to ten percent (10%) of the annual income

from the fees received pursuant to the provisions of

this section to implement the plan. The Department

may use its discretion in administering the funds for

the purpose of this paragraph, but shall keep records

subject to audit by the State Auditor and Inspector

for good business practices.

6. a. To the extent that funds are available, after having

reasonably met other specified uses of the solid waste

fund, the Department is authorized to expend up to

five percent (5%) of the total annual solid waste fee

income for the purpose of making incentive payments to

any person, firm or corporation located in this state

generating energy by utilizing solid waste landfill

methane or steam produced by a commercial incinerator.

b. The Environmental Quality Board shall promulgate rules

to administer the provisions of this paragraph.

c. No person, firm or corporation shall be eligible to

receive incentive payments as provided in subparagraph

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 258

a of this paragraph for more than three (3) years.

The amount of such payments shall be determined by the

Department based on the amount of energy generated and

the cost of production.

D. The provisions of this section shall not apply to landfill

disposal sites that receive only ash generated by the burning of

coal.

E. On or before September 1 of each year, the Department of

Environmental Quality shall prepare a report of income and

expenditures for the period of each fiscal year in which solid waste

fee monies authorized by this section were received and such report

shall be distributed to members of the Solid Waste Management

Advisory Council for review. By November 1 of each year, the

Council shall submit to the Executive Director, Governor, Speaker of

the House of Representatives and President Pro Tempore of the Senate

its written comments on the comparison of income with program

expenditures.
Okla. Stat. tit. 27A, § 27A-2-11-604 — OK Code / Title 27A / Section 27A-2-11-604
Collection and recovery services
Status: in_force

The collection and recovery provisions of this act shall apply

to covered devices used and returned by consumers in this state.

Manufacturers are encouraged to offer collection and recovery

services to address the collection, recycling and reuse of computer

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 291

and other electronic equipment not covered by the provisions of this

act.
Okla. Stat. tit. 27A, § 27A-2-14-103 — OK Code / Title 27A / Section 27A-2-14-103
Definitions
Status: in_force

For the purposes of the Oklahoma Uniform Environmental

Permitting Act:

1. "Application" means a document or set of documents, filed

with the Department of Environmental Quality for the purpose of

receiving a permit or the modification, amendment or renewal thereof

from the Department. "Application" includes any subsequent

additions, revisions or modifications submitted to the Department

which supplement, correct or amend a pending application;

2. "Council" means any advisory council authorized by the

Legislature to recommend rules to the Environmental Quality Board;

3. "Draft permit" means a draft document prepared by the

Department after it has found a Tier II or III application for a

permit to be administratively and technically complete, pursuant to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 308

the requirements of the Oklahoma Environmental Quality Code and

rules promulgated thereunder, and that such application may warrant

the issuance, modification or renewal of the permit;

4. "Permit" means a permission required by law and issued by

the Department, the application for which has been classified as

Tier I, II or III by the Board. The term "permit" includes but is

not limited to:

a. specific types of permits and other Department

authorizations including certifications,

registrations, licenses and plan approvals, and

b. an approved variance from a promulgated rule; however,

for existing facilities the Department may require

additional notice and public participation

opportunities for variances posing the potential for

increased risk;

5. "Process meeting" means a meeting open to the public which

is held by the Department to explain the permitting process and the

public participation opportunities applicable to a specific Tier III

application;

6. "Proposed permit" means a document, based on a draft permit

and prepared by the Department after consideration of comments

received on the draft permit, which indicates the Department's

decision to issue a final permit pending the outcome of an

administrative permit hearing, if any;

7. "Qualified interest group" means any organization with

twenty-five or more members who are Oklahoma residents;

8. "Response to comments" means a document prepared by the

Department after its review of timely comments received on a draft

denial or draft permit pursuant to public comment opportunities

which:

a. specifies any provisions of the draft permit that were

changed in the proposed or final permit and the

reasons for such changes, and

b. briefly describes and responds to all significant

comments raised during the public comment period or

formal public meeting about the draft denial or draft

permit;

9. "Tier I" means a basic process of permitting which includes

application, notice to the landowner and Department review. For the

Tier I process a permit shall be issued or denied by a technical

supervisor of the reviewing Division, a local representative of the

Department, or the chief engineer of the Department provided such

authority has been delegated thereto by the Executive Director;

10. "Tier II" means a secondary process of permitting which

includes:

a. the Tier I process,

b. published notice of application filing,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 309

c. preparation of draft permit or draft denial,

d. published notice of draft permit or draft denial and

opportunity for a formal public meeting, and

e. public meeting, if any.

For the Tier II process, a permit shall be issued or denied by the

Director of the reviewing Division or the chief engineer of the

Department provided such authority has been delegated thereto by the

Executive Director; and

11. "Tier III" means an expanded process of permitting which

includes:

a. the Tier II process except the notice of filing shall

also include an opportunity for a process meeting,

b. preparation of the Department's response to comments,

and

c. denial of application, or

d. preparation of a proposed permit, published notice of

availability of proposed permit and response to

comments and of opportunity for an administrative

permit hearing; and administrative permit hearing if

any.

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

Executive Director.
Okla. Stat. tit. 27A, § 27A-2-6-204 — OK Code / Title 27A / Section 27A-2-6-204
Authority of Executive Director - Issuance of
Status: in_force

discharge permits, conditions - Availability of records, reports or

other information.

A. Pollutant discharge permits issued by the Executive Director

may include schedules of compliance and such conditions as the

Executive Director may prescribe which:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 135

1. Prevent, control or abate pollution, including such water-

quality-related and technology-based effluent limitations as are

necessary to protect the water quality and existing and designated

beneficial uses of the waters of the state;

2. Require application of best practicable control technology

currently available, best conventional pollutant control technology,

or best available technology economically achievable or such other

limitations as the Executive Director may prescribe;

3. Require compliance with national standards of performance,

toxic and pretreatment effluent standards;

4. Set limitations or prohibitions designed to prohibit the

discharge of toxic pollutants in toxic amounts or to require

pretreatment of pollutants;

5. Set interim compliance dates which are enforceable without

otherwise showing a violation of an effluent limitation or harm to

water quality;

6. Set terms and conditions for sludge and land application of

wastewater and for impoundments in accordance with rules promulgated

by the Board; and

7. Comply with the provisions of the Oklahoma Pollutant

Discharge Elimination System Act and the requirements of the Clean

Water Act.

B. The Executive Director shall:

1. Have authority to issue individual permits and

authorizations under general discharge permits for pollutants and

stormwater and sludge as authorized by the Oklahoma Pollutant

Discharge Elimination System Act;

2. Issue permits for fixed terms not to exceed five (5) years;

3. Have the authority to require in permits issued to publicly

or privately owned treatment works conditions requiring the

permittee to give notice to the Department of new introductions into

such works of pollutants from any source which would be a new source

as defined in Section 306 of the Clean Water Act or from a source

which would be a point source subject to Section 301 of the Clean

Water Act if it were discharging directly to waters of the state, a

substantial change in volume or character of pollutants being

introduced into such works by a source introducing pollutants into

such works at the time of issuance of the permit, or such other

conditions as may be required under the Clean Water Act or state

law;

4. Have the authority to ensure compliance with Sections

204(b), 307, and 308 and other provisions of the Clean Water Act and

with other applicable federal law;

5. Have all necessary and incidental authority to comply with

the requirements of the Clean Water Act and requirements of the

United States Environmental Protection Agency set forth in duly

promulgated federal regulations adopted under the Clean Water Act;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 136

6. Have the authority to terminate or modify permits issued by

the Executive Director for cause, including but not limited to:

a. violation of any condition of the permit, including

but not limited to conditions related to monitoring

requirements, entry and inspections,

b. obtaining a permit by misrepresentation, or failure to

disclose fully all relevant facts, or

c. change in any condition that requires either a

temporary or permanent reduction or elimination of the

permitted discharge;

7. Have all necessary authority to implement and enforce

Department programs and requirements established by the

Environmental Quality Board in duly promulgated rules, including but

not limited to the authority to implement and enforce a statewide

pretreatment program required under federal law and regulations and

to implement and enforce requirements applicable to dischargers intoOklahoma Statutes - Title 27A. Environment and Natural Resources Page 3ischarge;

7. Have all necessary authority to implement and enforce

Department programs and requirements established by the

Environmental Quality Board in duly promulgated rules, including but

not limited to the authority to implement and enforce a statewide

pretreatment program required under federal law and regulations and

to implement and enforce requirements applicable to dischargers into

municipal separate storm sewer systems;

8. Have all necessary or incidental authority to investigate

and abate violations of permits issued by the Executive Director,

violations of administrative orders, violations of duly promulgated

rules, and violations of the Oklahoma Pollutant Discharge

Elimination System Act, and shall have all necessary and incidental

authority to apply sanctions through administrative proceedings for

violations, including but not limited to violations of requirements

to obtain permits, terms and conditions of permits, effluent

standards and limitations and water quality standards, and

violations of requirements for recording, reporting, monitoring,

entry, inspection and sampling; and

9. Have authority to require permits for indirect discharges or

other introductions of pollutants to publicly owned treatment works,

impose pretreatment standards and other requirements upon users of

such treatment works, and to enforce such permits and requirements

pursuant to Section 2-6-206 of this title.

C. Authorized employees or representatives of the Department

shall, upon presentation of credentials, have:

1. A right of entry to, upon, or through any private or public

premises upon which an effluent or sludge source is or may be

located or in which any records are required to be maintained;

2. Access to at any reasonable time for the purposes of

reviewing and copying any records required to be maintained;

3. Authority to inspect any monitoring equipment, methods,

disposal systems or other facilities or equipment which may be

required; and

4. Access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or to treatment systems discharging into waters of the state

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 137

or for inspection and sampling of any sludge source, storage,

beneficial use, reuse or disposal site.

D. The Executive Director shall not issue a discharge permit if

the permit:

1. Would authorize the discharge of a radiological, chemical or

biological warfare agent, or high-level radioactive waste;

2. Would, in the judgment of the Secretary of the Army acting

through the Chief of Engineers, result in the substantial impairment

of anchorage and navigation of any waters of the United States as

those waters are defined in the Clean Water Act;

3. Is objected to in writing by the Administrator of the United

States Environmental Protection Agency or his designee, pursuant to

any right to object which is granted to the Administrator under

Section 402(d) of the Clean Water Act; or

4. Would authorize a discharge from a point source which is in

conflict with a plan approved under Section 208(b) of the Clean

Water Act.

E. Copies of records, plans, reports or other information

required by the Department shall be submitted upon request and shall

be subject to and made available for inspection at reasonable times

to any authorized representative of the Department of Environmental

Quality upon showing of proper credentials. Any authorized

representative of the Department may examine any records or

memoranda pertaining to discharges, treatment, or other limitations

set by permit, order or duly promulgated rules of the Board.

F. Any records, reports, or information obtained pursuant to

this section shall be available to the public, except that upon

submission of sufficient evidence showing that records, reports, or

information, or particular parts thereof, other than effluent data,

if made public would divulge methods or processes entitled to

protection as trade secrets of such person, such record, report, or

information, or particular portion thereof shall be considered

confidential in accordance with the purposes of the Uniform Trade

Secrets Act. Nothing in this subsection shall prohibit the

Department or an authorized representative of the Department,

including, but not limited to, any authorized contractor, from

disclosing records, reports, or information to other officers,

employees, or authorized representatives of the State of Oklahoma or

the United States concerned with carrying out provisions of state or

federal law under their respective jurisdictions or within their

respective authorities.

G. The Executive Director and any person designated by him to

approve all or portions of permits, or to modify, revoke or reissue

permits or to make any final decisions in the first instance or on

appeal relating to permits or enforcement actions related thereto,

shall be required to meet all requirements of Section 304 of the

Clean Water Act and federal regulations promulgated thereunder.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 138
Okla. Stat. tit. 27A, § 27A-2-9-103 — OK Code / Title 27A / Section 27A-2-9-103
Official agency for regulatory activities -
Status: in_force

Application of act - Agreements with United States Nuclear

Regulatory Commission.

A. The Department of Environmental Quality is hereby designated

as the official agency of the State of Oklahoma for all regulatory

activities for the use of atomic energy and sources of radiation,

except for the use of sources of radiation by diagnostic x-ray

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 219

facilities, and shall act as the coordinating agency for the purpose

of cooperating with other states, the United States Public Health

Service, and the United States Nuclear Regulatory Commission, and

other federal agencies in the administration of programs relating to

atomic energy and sources of radiation, available to the State of

Oklahoma under federal laws; and it shall encourage, participate in,

and conduct investigations, training and demonstrations relating to

constructive uses of radiation and the prevention and control of its

associated harmful effects, the control of radiation hazards, the

measurement of radiation, the effects to health on exposure to

radiation, and related problems.

B. Nothing in this article shall interfere with the doctor-

patient relationship of any practitioner of the healing arts; nor

shall anything in this act prohibit a licensed practitioner of the

healing arts, or an individual under the direction of such licensed

practitioner, from using X-rays or fluoroscopes for diagnostic

purposes, as authorized under the specific licensing act for the

practitioner and other law.

C. The Governor, on behalf of this state, may enter into

agreements with the United States Nuclear Regulatory Commission,

pursuant to Section 274b of the Atomic Energy Act of 1954, as

amended, providing for discontinuance of specified responsibilities

of the federal government and for the assumption thereof by this

state with respect to byproduct material, special nuclear material,

and sources of radiation.

D. Any person who, on the effective date of an agreement under

subsection C of this section, possesses a license which is subject

to that agreement and which is issued by the United States Nuclear

Regulatory Commission for radioactive materials, shall be deemed to

possess a like license issued under the Radiation Management Act.

Such license shall expire on the date of expiration specified in the

federal Nuclear Regulatory Commission license.
Okla. Stat. tit. 27A, § 27A-3-7-103 — OK Code / Title 27A / Section 27A-3-7-103
Healthy soil program
Status: in_force

A. There is hereby created a healthy soil program to be

administered by the Oklahoma Conservation Commission.

B. The purpose of the program is to promote and support farming

and ranching systems and other forms of land management that

increase soil organic matter, aggregate stability, microbiology and

water retention to improve the health, yield, and profitability of

the soils of the state.
Okla. Stat. tit. 27A, § 27A-2-7-132 — OK Code / Title 27A / Section 27A-2-7-132
Appeal of issuance of permit - Stay of time
Status: in_force

restraints.

The filing of a proceeding appealing the issuance of a permit

authorizing a hazardous waste facility shall stay any time

restraints specified in the permit relating to the term or

expiration of the permit.
Okla. Stat. tit. 27A, § 27A-1-3-101 — OK Code / Title 27A / Section 27A-1-3-101
See the following versions:
Status: in_force

OS 27A-1-3-101v1 (HB 3824, Laws 2022, c. 113, § 1)

OS 27A-1-3-101v2 (SB 269, Laws 2025, c. 247, § 2)

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 25
Okla. Stat. tit. 27A, § 27A-2251 — OK Code / Title 27A / Section 27A-2251
Emergency Drought Committee
Status: in_force

A. A Drought Committee shall be formed consisting of the

Executive Director of the Oklahoma Conservation Commission, the

Commissioner of Agriculture, the Executive Director of the Oklahoma

Water Resources Board, one member who resides west of Interstate 35

(I-35), appointed by the Speaker of the Oklahoma House of

Representatives, and one member who resides east of Interstate 35

(I-35), appointed by the President Pro Tempore of the Oklahoma State

Senate.

B. The Emergency Drought Committee shall meet at the call of

the Commissioner of Agriculture when the Commissioner declares that

emergency drought conditions exist in the state.

C. The Emergency Drought Committee shall determine the

expenditures to be made from the Emergency Drought Relief Fund

created in Section 2250 of this title, subject to approval by a

majority of the Committee and shall determine the appropriate agency

to expend the funds.

D. The Emergency Drought Committee shall also serve as a

drought advisory panel to the Governor and the various state

agencies.
Okla. Stat. tit. 27A, § 27A-2-5-110 — OK Code / Title 27A / Section 27A-2-5-110
Violations - Compliance orders - Administrative
Status: in_force

penalties - Notice and hearing - Burden of proof - Settlements or

consent orders.

A. In addition to any other remedy provided for by law, the

Department may issue a written order to any person whom the

Department has reason to believe has violated, or is presently in

violation of, the Oklahoma Clean Air Act or any rule promulgated by

the Board, any order of the Department or Council, or any condition

of any permit issued by the Department pursuant to the Oklahoma

Clean Air Act, and to whom the Department has served, no less than

fifteen (15) days previously, a written notice of violation. The

Department shall by conference, conciliation and persuasion provide

the person a reasonable opportunity to eliminate such violations,

but may, however, reduce the fifteen-day notice period as in the

opinion of the Department may be necessary to render the order

reasonably effectual.

B. Such order may require compliance immediately or within a

specified time period or both. The order, notwithstanding any

restriction contained in subsection A of this section, may also

assess an administrative penalty for past violations occurring no

more than five (5) years prior to the date the order is filed with

the Department, and for each day or part of a day that such person

fails to comply with the order.

C. Any order issued pursuant to this section shall state with

specificity the nature of the violation or violations, and may

impose such requirements, procedures or conditions as may be

necessary to correct the violations. The Department may also order

any environmental contamination having the potential to adversely

affect the public health, when caused by the violations, to be

corrected by the person or persons responsible.

D. Any penalty assessed in the order shall not exceed Ten

Thousand Dollars ($10,000.00) per day for each violation. In

assessing such penalties, the Department shall consider the

seriousness of the violation or violations, any good faith efforts

to comply, and other factors determined by rule to be relevant. A

final order following an enforcement hearing may assess an

administrative penalty of an amount based upon consideration of the

evidence but not exceeding the amount stated in the written order.

E. Any order issued pursuant to this section shall become a

final order, unless no later than fifteen (15) days after the order

is served the person or persons named therein request in writing an

enforcement hearing. Said order shall contain language to that

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 108

effect. Upon such request, the Department shall promptly schedule

the enforcement hearing before an Administrative Law Judge for the

Department and notify the respondent.

F. At all proceedings with respect to any alleged violation of

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

burden of proof shall be upon the Department.

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

authority of the Department to enter into an agreed settlement or

consent order with any respondent.
Okla. Stat. tit. 27A, § 27A-1-3-101v1 — OK Code / Title 27A / Section 27A-1-3-101v1
State environmental agencies - Jurisdictional areas
Status: in_force

of environmental responsibilities.

A. The provisions of this section specify the jurisdictional

areas of responsibility for each state environmental agency and

state agencies with limited environmental responsibility. The

jurisdictional areas of environmental responsibility specified in

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

and assigned to the specific state environmental agency; provided

that any rule, interagency agreement or executive order enacted or

entered into prior to the effective date of this section which

conflicts with the assignment of jurisdictional environmental

responsibilities specified by this section is hereby superseded.

The provisions of this subsection shall not nullify any financial

obligation arising from services rendered pursuant to any

interagency agreement or executive order entered into prior to July

1, 1993, nor nullify any obligations or agreements with private

persons or parties entered into with any state environmental agency

before July 1, 1993.

B. Department of Environmental Quality. The Department of

Environmental Quality shall have the following jurisdictional areas

of environmental responsibility:

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

waters of the state which originate from municipal, industrial,

commercial, mining, transportation and utilities, construction,

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

manufacturing and other sources, facilities and activities, except

as provided in subsections D and E of this section;

2. All nonpoint source discharges and pollution except as

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

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

storm water pollution control programs funded under Section 106 of

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

jurisdiction as provided in this subsection;

4. Surface water and groundwater quality and protection and

water quality certifications;

5. Waterworks and wastewater works operator certification;

6. Public and private water supplies;

7. Underground injection control pursuant to the federal Safe

Drinking Water Act and 40 CFR Parts 144 through 148, except for:

a. Class II injection wells,

b. Class V injection wells utilized in the remediation of

groundwater associated with underground or aboveground

storage tanks regulated by the Corporation Commission,

c. those wells used for the recovery, injection or

disposal of mineral brines as defined in the Oklahoma

Brine Development Act regulated by the Commission, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 26

d. any aspect of any CO sequestration facility, including

2

any associated CO injection well, over which the

2

Commission is given jurisdiction pursuant to the

Oklahoma Carbon Capture and Geologic Sequestration

Act;

8. Notwithstanding any other provision in this section or other

environmental jurisdiction statute, sole and exclusive jurisdiction

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

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

worker safety by the federal Occupational Safety and Health Act and

by Chapter 11 of Title 40 of the Oklahoma Statutes;

9. Hazardous waste and solid waste, including industrial,

commercial and municipal waste;

10. Superfund responsibilities of the state under the

Comprehensive Environmental Response, Compensation and Liability Act

of 1980 and amendments thereto, except the planning requirements of

Title III of the Superfund Amendment and Reauthorization Act of

1986;

11. Radioactive waste and all regulatory activities for the use

of atomic energy and sources of radiation except for electronic

products used for diagnosis by diagnostic x-ray facilities and

electronic products used for bomb detection by public safety bomb

squads within law enforcement agencies of this state or within law

enforcement agencies of any political subdivision of this state;

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

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

disposal systems;

13. Emergency response as specified by law;

14. Environmental laboratory services and laboratory

certification;

15. Hazardous substances other than branding, package and

labeling requirements;

16. Freshwater wellhead protection;

17. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Department;

18. Utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents, and adoption of water

quality standard variances and site-specific criteria to the extent

that such variances and site-specific criteria are utilized in and

enforced through water quality permits issued by the Department.

Such variances and site-specific criteria may be adopted through

rulemaking or through the permitting process; provided that the

process satisfies the public participation and water quality

standard variance requirements set forth in the corresponding

federal regulations;

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

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

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

the specific statutory authority of another state environmental

agency;

20. Development and maintenance of a computerized information

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

title;

21. Development and promulgation of a Water Quality Standards

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

its jurisdictional area of environmental responsibility; and

22. Development and utilization of policies and requirements

necessary for the implementation of Oklahoma Groundwater Quality

Standards to the extent that the implementation of such standards

are within the scope of the Department's jurisdiction, including but

not limited to the establishment of points of compliance when

warranted.

C. Oklahoma Water Resources Board. The Oklahoma Water

Resources Board shall have the following jurisdictional areas of

environmental responsibility:

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

surface water and underground water, planning, and interstate stream

compacts;

2. Weather modification;

3. Dam safety;

4. Flood plain management;

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

other related financial aid programs;

6. Administration of the federal State Revolving Fund Program

including, but not limited to, making application for and receiving

capitalization grant awards, wastewater prioritization for funding,

technical project reviews, environmental review process, and

financial review and administration;

7. Water well drillers/pump installers licensing;

8. Technical lead agency for clean lakes eligible for funding

under Section 314 of the federal Clean Water Act or other applicable

sections of the federal Clean Water Act or other subsequent state

and federal clean lakes programs; administration of a state program

for assessing, monitoring, studying and restoring Oklahoma lakes

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

expenditure of funds from federal, state and private sources for

clean lakes and implementation of a volunteer monitoring program to

assess and monitor state water resources, provided such funds from

federal Clean Water Act sources are administered and disbursed by

the Office of the Secretary of Environment;

9. Except as set forth in paragraphs 18 and 22 of subsection B

of this section, statewide water quality standards and their

accompanying use support assessment protocols, anti-degradation

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 28

policy and implementation, and policies generally affecting Oklahoma

Water Quality Standards application and implementation including but

not limited to mixing zones, low flows and variances or any

modification or change thereof pursuant to Section 1085.30 of Title

82 of the Oklahoma Statutes;

10. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the Board;

11. Development and promulgation of a Water Quality Standards

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

its jurisdictional area of environmental responsibility;

12. Development of classifications and identification of

permitted uses of groundwater, in recognized water rights, and

associated groundwater recharge areas;

13. Establishment and implementation of a statewide beneficial

use monitoring program for waters of the state in coordination with

the other state environmental agencies;

14. Coordination with other state environmental agencies and

other public entities of water resource investigations conducted by

the federal United States Geological Survey for water quality and

quantity monitoring in the state; and

15. Development and submission of a report concerning the

status of water quality monitoring in this state pursuant to Section

1-1-202 of this title.

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

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

shall have the following jurisdictional areas of environmental

responsibility except as provided in paragraph 2 of this subsection:

a. point source discharges and nonpoint source runoff

from agricultural crop production, agricultural

services, livestock production, silviculture, feed

yards, livestock markets and animal waste,

b. pesticide control,

c. forestry and nurseries,

d. fertilizer,

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

and agricultural chemicals,

f. dairy waste and wastewater associated with milk

production facilities,

g. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Department,

h. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents,

i. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 29

j. storm water discharges for activities subject to the

jurisdictional areas of environmental responsibility

of the Department.

2. In addition to the jurisdictional areas of environmental

responsibility specified in subsection B of this section, the

Department of Environmental Quality shall have environmental

jurisdiction over:

a. (1) commercial manufacturers of fertilizers, grain

and feed products, and chemicals, and over

manufacturing of food and kindred products,

tobacco, paper, lumber, wood, textile mill and

other agricultural products,

(2) slaughterhouses, but not including feedlots at

these facilities, and

(3) aquaculture and fish hatcheries,

including, but not limited to, discharges of

pollutants and storm water to waters of the state,

surface impoundments and land application of wastes

and sludge, and other pollution originating at these

facilities, and

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

and agricultural chemicals that are required by

federal NPDES regulations to obtain a permit for storm

water discharges shall only be subject to the

jurisdiction of the Department of Environmental

Quality with respect to such storm water discharges.

E. Corporation Commission.

1. The Corporation Commission is hereby vested with exclusive

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

promulgate and enforce rules, and issue and enforce orders governing

and regulating:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical

exploration for oil, gas and brine, including seismic

survey wells, stratigraphic test wells and core test

wells,

c. the exploration, drilling, development, producing or

processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and

operation of wells used in connection with the

recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt

water, crude oil, natural gas condensate and tank

bottoms or basic sediment from crude oil tanks,

pipelines, pits and equipment associated with the

exploration, drilling, development, producing or

transportation of oil or gas,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 30

f. underground injection control pursuant to the federal

Safe Drinking Water Act and 40 CFR Parts 144 through

148, of:

(1) Class II injection wells,

(2) Class V injection wells utilized in the

remediation of groundwater associated with

underground or aboveground storage tanks

regulated by the Commission,

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

disposal of mineral brines as defined in the

Oklahoma Brine Development Act, and

(4) any aspect of any CO sequestration facility,

2

including any associated CO injection well, over

2

which the Commission is given jurisdiction

pursuant to the Oklahoma Carbon Capture and

Geologic Sequestration Act.

Any substance that the United States Environmental

Protection Agency allows to be injected into a Class

II well may continue to be so injected,

g. tank farms for storage of crude oil and petroleum

products which are located outside the boundaries of

refineries, petrochemical manufacturing plants,

natural gas liquid extraction plants, or other

facilities which are subject to the jurisdiction of

the Department of Environmental Quality with regard to

point source discharges,

h. the construction and operation of pipelines and

associated rights-of-way, equipment, facilities or

buildings used in the transportation of oil, gas,

petroleum, petroleum products, anhydrous ammonia or

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

mineral brine during the course of transportation but

not including line pipes in any:

(1) natural gas liquids extraction plant,

(2) refinery,

(3) reclaiming facility other than for those

specified within subparagraph e of this

subsection,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition

of saltwater, mineral brines, waste oil and other

deleterious substances produced from or obtained or

used in connection with the drilling, development,

producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in

paragraphs 1 and 2 of this subsection as being

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 31

subject to the jurisdiction of the Commission,

and

(2) other oil and gas extraction facilities and

activities,

j. spills of deleterious substances associated with

facilities and activities specified in paragraph 1 of

this subsection or associated with other oil and gas

extraction facilities and activities,

k. subsurface storage of oil, natural gas and liquefied

petroleum gas in geologic strata,

l. groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility

of the Commission,

m. utilization and enforcement of Oklahoma Water Quality

Standards and implementation documents, and

n. development and promulgation of a Water Quality

Standards Implementation Plan pursuant to Section 1-1-

202 of this title for its jurisdictional areas of

environmental responsibility.

2. The exclusive jurisdiction, power and authority of the

Commission shall also extend to the construction, operation,

maintenance, site remediation, closure and abandonment of the

facilities and activities described in paragraph 1 of this

subsection.

3. When a deleterious substance from a Commission-regulated

facility or activity enters a point source discharge of pollutants

or storm water from a facility or activity regulated by the

Department of Environmental Quality, the Department shall have sole

jurisdiction over the point source discharge of the commingled

pollutants and storm water from the two facilities or activities

insofar as Department-regulated facilities and activities are

concerned.

4. The Commission and the Department of Environmental Quality

are hereby authorized to obtain authorization from the Environmental

Protection Agency to administer, within their respective

jurisdictions, any and all programs regulating oil and gas

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

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

to the jurisdiction of the Commission pursuant to paragraph 1 of

this subsection and any other oil and gas extraction facility or

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

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

direct jurisdiction and permitting authority of the Oklahoma agency

having received delegation of this program from the Environmental

Protection Agency.

5. The Commission shall have jurisdiction over:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 32

a. underground storage tanks that contain antifreeze,

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

aviation fuel and that are not located at refineries

or at the upstream or intermediate shipment points of

pipeline operations, including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze,

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

aviation fuel and that are not located at refineries

or at the upstream or intermediate shipment points of

pipeline operations including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental

Cleanup Indemnity Fund, the Oklahoma Petroleum Storage

Tank Release Indemnity Program, and the Oklahoma

Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole

jurisdiction to regulate the transportation, discharge or release of

deleterious substances or solid or hazardous waste or other

pollutants from rolling stock and rail facilities. The Department

of Environmental Quality shall not have any jurisdiction with

respect to pipeline transportation of carbon dioxide.

7. The Department of Environmental Quality shall have sole

environmental jurisdiction for point and nonpoint source discharges

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

a. refineries, petrochemical manufacturing plants and

natural gas liquid extraction plants,

b. manufacturing of equipment and products related to oil

and gas,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 33

c. bulk terminals, aboveground and underground storage

tanks not subject to the jurisdiction of the

Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject

to the jurisdiction of the Commission or the Oklahoma

Department of Agriculture, Food, and Forestry as

specified by this section.

8. The Department of Environmental Quality shall have sole

environmental jurisdiction to regulate air emissions from all

facilities and sources subject to operating permit requirements

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

F. Oklahoma Conservation Commission. The Oklahoma Conservation

Commission shall have the following jurisdictional areas of

environmental responsibility:

1. Soil conservation, erosion control and nonpoint source

management except as otherwise provided by law;

2. Monitoring, evaluation and assessment of waters to determine

the condition of streams and rivers being impacted by nonpoint

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

Oklahoma Conservation Commission shall serve as the technical lead

agency for nonpoint source categories as defined in Section 319 of

the federal Clean Water Act or other subsequent federal or state

nonpoint source programs, except for activities related to

industrial and municipal storm water or as otherwise provided by

state law;

3. Wetlands strategy;

4. Abandoned mine reclamation;

5. Cost-share program for land use activities;

6. Assessment and conservation plan development and

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

7. Complaint data management;

8. Coordination of environmental and natural resources

education;

9. Federal upstream flood control program;

10. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission;

11. Development and promulgation of a Water Quality Standards

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

its jurisdictional areas of environmental responsibility;

12. Utilization of Oklahoma Water Quality Standards and

Implementation documents; and

13. Verification and certification of carbon sequestration

pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This

responsibility shall not be superseded by the Oklahoma Carbon

Capture and Geologic Sequestration Act.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 34

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

following jurisdictional areas of environmental responsibility:

1. Mining regulation;

2. Mining reclamation of active mines;

3. Groundwater protection for activities subject to the

jurisdictional areas of environmental responsibility of the

Commission; and

4. Development and promulgation of a Water Quality Standards

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

its jurisdictional areas of responsibility.

H. Department of Wildlife Conservation. The Department of

Wildlife Conservation shall have the following jurisdictional areas

of environmental responsibilities:

1. Investigating wildlife kills;

2. Wildlife protection and seeking wildlife damage claims; and

3. Development and promulgation of a Water Quality Standards

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

its jurisdictional areas of environmental responsibility.

I. Department of Public Safety. The Department of Public

Safety shall have the following jurisdictional areas of

environmental responsibilities:

1. Hazardous waste, substances and material transportation

inspections as authorized by the Hazardous Materials Transportation

Act; and

2. Inspection and audit activities of hazardous waste and

materials carriers and handlers as authorized by the Hazardous

Materials Transportation Act.

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

following jurisdictional areas of environmental responsibility:

1. Regulation of asbestos in the workplace pursuant to Chapter

11 of Title 40 of the Oklahoma Statutes;

2. Asbestos monitoring in public and private buildings; and

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

Oklahoma Occupational Health and Safety Standards Act, except for

those indoor air quality issues specifically authorized to be

regulated by another agency.

Such programs shall be a function of the Department's

occupational safety and health jurisdiction.

K. Oklahoma Department of Emergency Management. The Oklahoma

Department of Emergency Management shall have the following

jurisdictional areas of environmental responsibilities:

1. Coordination of all emergency resources and activities

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

Oklahoma Emergency Resources Management Act of 1967;

2. Administer and enforce the planning requirements of Title

III of the Superfund Amendments and Reauthorization Act of 1986 and

develop such other emergency operations plans that will enable the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 35

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

potential environmental emergencies and disasters pursuant to the

Oklahoma Hazardous Materials Planning and Notification Act;

3. Administer and conduct periodic exercises of emergency

operations plans provided for in this subsection pursuant to the

Oklahoma Emergency Resources Management Act of 1967;

4. Administer and facilitate hazardous materials training for

state and local emergency planners and first responders pursuant to

the Oklahoma Emergency Resources Management Act of 1967; and

5. Maintain a computerized emergency information system

allowing state and local access to information regarding hazardous

materials' location, quantity and potential threat.
Okla. Stat. tit. 27A, § 27A-3-7-111 — OK Code / Title 27A / Section 27A-3-7-111
Short title — Spring Creek Watershed Study Act —
Status: in_force

Legislative findings.

A. This act shall be known and may be cited as the “Spring

Creek Watershed Study Act”.

B. The Legislature finds that:

1. Increasing pressure from agriculture and residential

development as well as stream bank erosion and other activities have

led to declining water quality levels in the Northeast Oklahoma

watershed known as Spring Creek located in Cherokee, Delaware, and

Mayes counties near Kansas, Oklahoma, resulting in increased concern

by the residents of the Spring Creek area and citizens of Oklahoma

as a whole as to the continued health of the watershed. The once

pristine stream is a prime example of how many similar high quality

Ozark waterbodies that draw millions of visitors to the area each

year, support water supplies for growing urban centers in Oklahoma,

and provide habitat for important wildlife and fisheries resources

are threatened without cooperative, voluntary protective action by

local communities and other stakeholders;

2. Improved voluntary land management practices including soil

conservation practices, riparian restoration and protection,

reforestation, streambank livestock exclusion, and other methods of

stewardship have great potential to improve and protect the quality

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 389

of water in the Spring Creek watershed while improving the

ecological health of the area; and

3. It is in the interest of the citizens of this state as a

whole and the residents of the Spring Creek watershed that the

Oklahoma Conservation Commission, in partnership with other local,

state, and federal agencies and nongovernmental organizations,

undertake a comprehensive water quality study of Spring Creek to

determine the best course of action to protect and improve the

health of the aquatic habitat in the watershed.

C. It is the intent of the Legislature that the findings of

this study will be used to direct implementation of voluntary,

incentive-based conservation practices by the Commission in

partnership with other local, state, and federal agencies and

subject to availability of resources, in the Spring Creek watershed

to protect and improve the aquatic habitat and water quality in the

area.
Okla. Stat. tit. 27A, § 27A-3-7-104 — OK Code / Title 27A / Section 27A-3-7-104
Composition of program – Administration of program
Status: in_force

A. The healthy soil program shall be composed of:

1. A healthy soil assessment and education program;

2. A healthy soil grant program; and

3. Other programs established by the Oklahoma Conservation

Commission to accomplish the purposes of the Healthy Soil Program

Act.

B. In administering the healthy soil assessment and education

program, the Commission shall:

1. Work through technical assistance providers or eligible

entities to:

a. encourage farmers, ranchers, and land managers to

undertake voluntary soil health measurements,

b. raise awareness about desirable soil health

characteristics,

c. facilitate on-site, producer-led workshops and

training sessions to promote and engender soil health

stewardship, and

d. complete a baseline soil health assessment by testing

the organic matter, water infiltration rate,

microbiology, and aggregate stability of soils, in

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 387

addition to analyzing phospholipids and monitoring

soil cover;

2. Establish a statewide network of champions to promote soil

health stewardship, offer guidance to producers and land managers,

and encourage teamwork;

3. Create a program to provide ongoing training in soil health

stewardship and workshop facilitation for champions and eligible

entities;

4. In collaboration with technical assistance providers,

sponsor soil health workshops and training sessions through

conservation districts on farms throughout the state; and

5. Educate students and the general public about the importance

of soil health stewardship.

C. In administering the healthy soil grant program, the

Commission shall:

1. Award grants to eligible entities to provide technical

assistance to producers and land managers in advancing soil health

principles and implementing supported methods;

2. Develop a user-friendly grant program application and

application and reporting processes;

3. Develop criteria for the award of grants; provided that

grants shall be awarded equitably and priority may be given to

eligible entities serving young producers, veterans, small farms or

ranches or for projects that benefit economically or socially

disadvantaged communities; and

4. Ensure that grant funds are only used to advance soil health

and soil health stewardship.

D. The Commission shall encourage producer, land manager,

landowner, and interagency collaboration in the management of

healthy soils and shall:

1. Work with technical assistance providers to advance soil

health stewardship across private, state, federal, and tribal land

jurisdictions by fostering collaboration among producers, land

managers, and landowners; and

2. Conduct outreach to producers and land managers to promote

the program and other federal, state, or local grant opportunities

that support and promote healthy soils.

E. In administering the program, the Commission shall support

local economic growth in Oklahoma and shall:

1. Identify ways to increase the generation and use of compost

to build healthy soils;

2. To the extent permitted by statute, prioritize in-state

sourcing of the resources needed for the program, including testing

resources, compost, seeds, fencing supplies, and equipment; and

3. Support the emerging market for food grown in Oklahoma under

management for healthy soils.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 388

F. The Commission may adopt rules to carry out the provisions

of the Heathy Soil Program Act.
Okla. Stat. tit. 27A, § 27A-2-11-307 — OK Code / Title 27A / Section 27A-2-11-307
Rules and regulations
Status: in_force

The Department of Environmental Quality and the Oklahoma Tax

Commission shall promulgate rules and regulations necessary to

administer the Recycling, Reuse and Source Reduction Incentive Act.
Okla. Stat. tit. 27, § 27-19 — OK Code / Title 27 / Section 27-19
Notice to landowner – Groundwater rights
Status: in_force

Condemning authorities seeking to acquire surface rights for a

public purpose shall provide written notice to the landowner subject

to the acquisition that the landowner may elect to retain, through

severance, the groundwater rights, if any, that are attached to the

property to be acquired. If the landowner elects to retain such

groundwater rights, the acquisition shall be limited to surface

rights and exclude groundwater rights; however, an owner of

groundwater rights shall not have a right of access to the acquired

surface rights and no person may construct, maintain or operate any

water well, drilling equipment or lines on or under the surface

acquired by the condemning authority without the express written

permission of the condemning authority. Notwithstanding the

foregoing, this provision shall not apply to a condemning authority

that is seeking to acquire groundwater rights based on an affidavit

of need or resolution of necessity that sets out an expressly stated

need and purpose for the acquisition of such groundwater rights.
Okla. Stat. tit. 27A, § 27A-2-14-302 — OK Code / Title 27A / Section 27A-2-14-302
Draft denial or draft permit - Notice requirements -
Status: in_force

Public review.

A. Upon conclusion of its technical review of a Tier II or III

application within the permitting timeframes established by rules

promulgated by the Board, the Department shall prepare a draft

denial or draft permit.

1. Notice of a draft denial shall be given by the Department

and notice of a draft permit shall be given by the applicant.

2. Notice of the draft denial or draft permit shall be

published as legal notice in one newspaper local to the proposed new

site or existing facility. The notice shall identify places where

the draft denial or draft permit may be reviewed, including a

location in the county where the proposed new site or existing

facility is located, and shall provide for a set time period for

public comment and for the opportunity to request a formal public

meeting on the respective draft denial or draft permit. Such time

period shall be set at thirty (30) days after the date the notice is

published unless a longer time is required by federal regulations

promulgated as rules by the Board. In lieu of the notice of

opportunity to request a public meeting, notice of the date, time,

and place of a public meeting may be given, if previously scheduled.

B. Upon the publication of notice of a draft permit, the

applicant shall make the draft permit and the application, except

for proprietary provisions otherwise protected by law, available for

public review at a location in the county where the proposed new

site or existing facility is located.
Okla. Stat. tit. 27A, § 27A-2-5-102 — OK Code / Title 27A / Section 27A-2-5-102
Purpose - Definitions - Administrative agency - Rules
Status: in_force

and regulations - Air Quality Council - Chief of Air Quality Service

- Complaints and investigations - Hearings - Variances - Violations

- Penalties - Cooperation among agencies.

It is the purpose of the Oklahoma Clean Air Act to provide the

means to achieve and maintain atmospheric purity necessary for the

protection and enjoyment of human, plant or animal life and property

in this state consistent with and limited by generally accepted

social standards and requirements, desired employment and industrial

development, area conditions, and the availability of economic and

feasible controls.Council - Chief of Air Quality Service - Complaints and investigations - Hearings - Variances -

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 2
Okla. Stat. tit. 27A, § 27A-2-10-103 — OK Code / Title 27A / Section 27A-2-10-103
Definitions
Status: in_force

As used in the Oklahoma Solid Waste Management Act:

1. "Advanced plastic recycling" means a manufacturing process

for the conversion of post-use polymers and recovered feedstocks

into basic hydrocarbon raw materials, feedstocks, chemicals, liquid

fuels and other products like waxes and lubricants through processes

that include pyrolysis, gasification, depolymerization, catalytic

cracking, reforming, hydrogenation, solvolysis and other similar

technologies. The recycled products produced at advanced recycling

facilities include, but are not limited to, monomers, oligomers,

plastics, plastics and chemical feedstocks, basic and unfinished

chemicals, crude oil, naphtha, liquid transportation fuels, waxes,

lubricants, coatings and other basic hydrocarbons. If properly

conducted, advanced recycling shall not be considered disposal, as

defined in Section 2-10-103 of this title, solid waste management

system, as defined in this section, or incineration. For the

purpose of advanced plastic recycling:

a. "Depolymerization" means a manufacturing process where

post-use polymers as defined in this section are

broken into smaller molecules such as monomers and

oligomers or raw, intermediate or final products,

plastics and chemical feedstocks, basic and unfinished

chemicals, crude oil, naphtha, liquid transportation

fuels, waxes, lubricants, coatings and other basic

hydrocarbons,

b. "Gasification" means a manufacturing process through

which recovered feedstocks are heated and converted

into a fuel and gas mixture in an oxygen-deficient

atmosphere and the mixture is converted into valuable

raw, intermediate and final products including, but

not limited to, plastic monomers, chemicals, waxes,

lubricants, chemical feedstocks, crude oil, diesel,

gasoline and diesel and gasoline blendstocks, home

heating oil and other fuels including ethanol and

transportation fuel that are returned to economic

utility in the form of raw materials, products or

fuels,

c. "Pyrolysis" means a manufacturing process through

which post-use polymers are heated in the absence of

oxygen until melted and thermally decomposed and then

cooled, condensed and converted into valuable raw,

intermediate and final products including, but not

limited to, plastic monomers, chemicals, waxes,

lubricants, chemical feedstocks, crude oil, diesel,

gasoline and diesel and gasoline blendstocks, home

heating oil and other fuels including ethanol and

transportation fuel that are returned to economic

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 223

utility in the form of raw materials, products or

fuels,

d. "Solvolysis" means a manufacturing process through

which post-use plastics are reacted with the aid of

solvents while heated at low temperatures, sometimes

being pressurized, to make useful products while

allowing additives and contaminants to be separated.

The products of solvolysis include, but are not

limited to, monomers, intermediates and valuable raw

materials. The process includes, but is not limited

to, hydrolysis, aminolysis, ammonoloysis,

methanolysis, ethanolysis and glycolysis;

2. "Advanced plastic recycling facility" means a manufacturing

facility that receives, stores and converts post-use polymers and

recovered feedstocks it receives using advanced recycling. An

advanced recycling facility shall be subject to applicable

Department of Environmental Quality regulations for air, water,

waste and land use. Advanced recycling facilities shall not be

considered disposal sites, solid waste management systems, transfer

stations as defined in this section or incineration. Advanced

recycling facilities shall be subject to inspections by the

Department to ensure compliance with applicable laws and

regulations. If an advanced recycling facility does not comply with

the requirements of this definition, it shall not be considered an

advanced recycling facility and is subject to all applicable solid

waste laws and regulations as determined by the Department;

3. "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as general or key

manager who directs the operations of the site,

transfer station or facility which is the subject of

the application, or

c. any person owning or controlling more than five

percent (5%) of the applicant's debt or equity;

4. "Commercial composting facility" means a composting facility

that:

a. is not owned or operated by a governmental entity,

b. receives one hundred (100) tons or more per year of

material for composting, any part of which consists of

food waste, and

c. principally accepts material for composting that is

not agricultural in origin;

5. "Composting facility" means a facility in which material is

converted, under thermophilic conditions, to a product with a high

humus content for use as a soil amendment or to prevent or remediate

pollutants in soil, air or stormwater run-off;

6. "Disclosure statement" means a written statement by the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 224

applicant which contains:

a. the full name, business address and Social Security

number of the applicant and all affiliated persons,

b. the full name and business address of any legal entity

in which the applicant holds a debt or equity interest

of at least five percent (5%) or which is a parent

company or subsidiary of the applicant and a

description of the ongoing organizational

relationships as they may impact operations within the

state,

c. a description of the experience and credentials of the

applicant including any past or present permits,

licenses, certifications or operational authorizations

relating to environmental regulation,

d. a listing and explanation of any administrative, civil

or criminal legal actions against the applicant and

affiliated person which resulted in a final agency

order or final judgment by a court of record including

final order or judgment on appeal, in the ten (10)

years immediately preceding the filing of the

application relating to solid or hazardous waste.

Such action shall include, without limitations, any

permit denial or any sanction imposed by a state

regulatory agency or the United States Environmental

Protection Agency, and

e. a listing of any federal environmental agency and any

state environmental agency that has or has had

regulatory responsibility over the applicant;

7. "Disposal site" means any place including, but not limited

to, a transfer station or a roofing material recycling facility, at

which solid waste is dumped, abandoned or accepted or disposed of by

incineration, land filling, composting, shredding, compaction,

baling or any other method or by processing by pyrolysis, resource

recovery or any other method, technique or process designed to

change the physical, chemical or biological character or composition

of any solid waste so as to render such waste safe or nonhazardous,

amenable to transport, recovery or storage or reduced in volume. A

disposal site shall not include a manufacturing facility which

processes scrap materials which have been separated for collection

and processing as industrial raw materials;

8. "Dwelling" means a permanently-constructed, habitable

structure designed and constructed for full-time occupancy in all

weather conditions, which is not readily mobile and shall include

but not be limited to a manufactured home as such term is defined by

paragraph 17 of Section 1102 of Title 47 of the Oklahoma Statutes;

9. "Final closure" means those measures for providing final

capping material, proper drainage, perennial vegetative cover,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 225

maintenance, monitoring and other closure actions required for the

site by rules of the Board;

10. "Inert waste" means any solid waste that is insoluble in

water, chemically inactive, that will not leach contaminants, or is

commonly found as a significant percentage of residential solid

waste;

11. "History of noncompliance" means any past operations by an

applicant or affiliated persons which clearly indicate a reckless

disregard for environmental regulation or a demonstrated pattern of

prohibited conduct which could reasonably be expected to result in

adverse environmental impact if a permit were issued, as evidenced

by findings, conclusions and rulings of any final agency order or

final order or judgment of a court of record;

12. "Integrated solid waste management plan" means a plan that

provides for the integrated management of all solid waste within the

planning unit and embodies sound principles of solid waste

management, natural resources conservation, energy production and

employment-creating opportunities;

13. "Lithified earth material" means all rock including all

naturally occurring and naturally formed aggregates or masses of

minerals or small particles of older rock that formed by

crystallization of magma or by induration of loose sediments. The

term lithified earth material shall not include man-made materials,

such as fill, concrete, and asphalt, or unconsolidated earth

materials, soil or regolith lying at or near the earth's surface;

14. "Maximum horizontal acceleration in lithified earth

material" means the maximum expected horizontal acceleration

depicted on a seismic hazard map, with a ninety percent (90%) or

greater probability that the acceleration will not be exceeded in

two hundred fifty (250) years, or the maximum expected horizontal

acceleration based on a site-specific seismic risk assessment;

15. "Monofill" means a landfill which is used to dispose of a

single type of specified nonhazardous industrial solid waste, except

for other nonhazardous industrial solid wastes which are not readily

separable from the specified waste;

16. "Nonhazardous industrial solid waste" means any of the

following wastes deemed by the Department to require special

handling:

a. unusable industrial or chemical products,

b. solid waste generated by the release of an industrial

product to the environment, or

c. solid waste generated by a manufacturing or industrial

process.

The term nonhazardous industrial solid waste shall not include waste

that is regulated as hazardous waste or is commonly found as a

significant percentage of residential solid waste;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 226

17. "Person" means any individual, corporation, company, firm,

partnership, association, trust, state agency, government

instrumentality or agency, institution, county, any incorporated

city or town or municipal authority or trust in which any

governmental entity is a beneficiary, venture or other legal entity

however organized;

18. "Post-use polymer" means a plastic:

a. that is derived from any industrial, commercial,

agricultural or domestic activities,

b. that is not mixed with solid waste or hazardous waste

onsite or during processing at the advanced recycling

facility,

c. that the use or intended use of the plastic is as a

feedstock for the manufacturing of crude oil, fuels,

feedstocks, blendstocks, raw materials or other

intermediate products or final products using advanced

recycling,

d. that has been sorted from nonhazardous solid waste but

may still contain residual amounts of nonhazardous

solid waste such as organic material and incidental

contaminants or impurities, and

e. that is processed at an advanced recycling facility or

held at such facility prior to processing.

Post-use polymer shall not be considered solid waste as defined in

this section, unless the post-use polymer is improperly managed,

abandoned or disposed of;

19. "Recovered feedstock" means one or more of the following

materials that has been processed so that it may be used as

feedstock in an advanced recycling facility:

a. post-use polymers, and/or

b. scrap materials which are source separated for

collection and processing as industrial raw materials

for intended use at an advanced recycling facility,

c. materials for which the United States Environmental

Protection Agency has made a nonwaste determination,

or has otherwise determined are feedstocks and not

solid waste, and

d. recovered feedstock shall not include waste tires,

which shall remain governed by the Section 2-11-401 et

seq. of this title.

Recovered feedstock shall not include unprocessed municipal

solid waste or any material mixed with solid waste or hazardous

waste at an advanced recycling facility Recovered feedstock shall

not include any materials that are specifically regulated as a solid

waste. If recovered feedstock is accumulated in anticipation of

future markets or is stored in a quantity exceeding that which may

be reasonably expected to be used or recycled within one (1) year,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 227

the material shall be regulated as a solid waste. Recovered

feedstock shall not be considered "waste" or "solid waste", unless

the recovered feedstock is improperly managed, abandoned or disposed

of;

20. "Recycling" means to reuse a material that would otherwise

be disposed of as waste, with or without reprocessing;

21. "Roofing Material" means all material associated with a

roofing project that is debris or is otherwise not intended for

future use by the roofer or the property owner including but not

limited to shingles made from asphalt, fiberglass, composite or

wood, as well as decking, flashing, fasteners, insulation and

associated packaging materials;

22. "Roofing material recycling facility" means a site or

facility at which roofing material is processed for alternative

uses, or is accumulated for the purpose of processing or selling all

or parts of the roofing material for alternative uses including but

not limited to road construction;

23. "Seismic impact zone" means an area with a ten percent

(10%) or greater probability that the maximum horizontal

acceleration in lithified earth material, expressed as a percentage

of the earth's gravitational pull (g), will exceed 0.10g in two

hundred fifty (250) years;

24. "Solid waste" means all putrescible and nonputrescible

refuse in solid, semisolid or liquid form including, but not limited

to, garbage, rubbish, ashes or incinerator residue, street refuse,

dead animals, demolition wastes, construction wastes, roofing

material, solid or semisolid commercial and industrial wastes

including explosives, biomedical wastes, chemical wastes, herbicide

and pesticide wastes. The term solid waste shall not include:

a. scrap materials not including roofing materials which

are source separated for collection and processing as

industrial raw materials, except when contained in the

waste collected by or in behalf of a solid waste

management system,

b. used motor oil, which shall not be considered to be a

solid waste, but shall be considered a deleterious

substance, if the used motor oil is recycled for

energy reclamation and is ultimately destroyed when

recycled, or

c. post-use polymers or recovered feedstocks that are

processed at an advanced recycling facility or are

held at such facility prior to processing to ensure

production is not interrupted, unless post-use

polymers or recovered feedstocks are improperly

managed, abandoned or disposed of;

25. "Solid waste management system" means the system that may

be developed for the purpose of collection and disposal of solid

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 228

waste by any person engaging in such process as a business or by any

municipality, authority, trust, county or by any combination thereof

at one or more disposal sites;

26. "Solid waste planning unit" means any county or any part

thereof, incorporated city or town, or municipal authority or trust

in which any governmental entity is a beneficiary, venture or other

legal entity however organized, which the Department determines to

be capable of planning and implementing an integrated solid waste

management program;

27. "Transfer station" means any disposal site, processing

facility or other place where solid waste is transferred from a

vehicle or container to another vehicle or container for

transportation including but not limited to a barge or railroad

unloading facility where solid waste, in bulk or in containers, is

unloaded, stored, processed or transported for any purpose. The

term transfer station shall not include the following:

a. a facility, such as an apartment complex or a large

manufacturing plant, where the solid waste that is

transferred has been generated by the occupants,

residents or functions of the facility,

b. a citizens' collection station, or

c. a waste collection system which leaves collected solid

waste in enclosed containers along the collection

route for later transport to a recycling or disposal

facility serving the area; and

28. "Waste reduction" means to reduce the volume of waste

requiring disposal.
Okla. Stat. tit. 27A, § 27A-2-6-501 — OK Code / Title 27A / Section 27A-2-6-501
Activities requiring water quality permit - Facility
Status: in_force

changes, discharge of sewage - Rules.

A. It shall be unlawful for any person to carry on any of the

following activities with regard to wastewater or sludge without

first securing a water quality permit from the Department of

Environmental Quality unless such activity is approved in a permit

issued by the Executive Director under Part 2, Article VI, Chapter 2

of this Code:

1. The construction, installation, operation and closure of any

industrial surface impoundment, industrial septic tank or treatment

system, or the use of any existing unpermitted surface impoundment,

septic tank or treatment system that is within the jurisdiction of

the Department and which is proposed to be used for the containment

or treatment of industrial wastewater or sludge;

2. The construction, installation or operation of any

industrial or commercial facility subject to the permitting

authority of the Department, the operation of which would cause an

increase in the discharge of waste into the waters of the state or

would otherwise alter the physical, chemical or biological

properties of any waters of the state in any manner not already

lawfully authorized;

3. The construction or use of any new outfall for the discharge

of any waste or pollutants into the waters of the state; or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 159

4. The land application of any nonindustrial or industrial

wastewater and the land application of sludge.

B. Any major addition, extension, operational change or other

change proposed for a facility permitted pursuant to subsection A of

this section shall require the approval of the Department through

the major modification of the facility's permit prior to

construction or implementation of such addition, extension or

change.

C. A permit for activities specified in paragraph A of this

section shall be issued by the Executive Director for no more than

five (5) years and may be renewed pursuant to rules of the

Environmental Quality Board.

D. The discharge of domestic sewage except to a public or

private disposal system approved or authorized by the Department or

the surfacing of effluent from any domestic septic system shall be

deemed pollution for purposes of the provisions of Section 2-6-105

of this title.

E. The Board may promulgate rules for the implementation of

this part, including but not limited to the submission of

applications, plans, specifications and other necessary information,

and requirements for monitoring, reporting, operation and

maintenance, corrective action, construction and closure. Such

rules may incorporate by reference any applicable federal

regulations.

F. Except for closure standards, industrial wastewater system

rules of the Department of Environmental Quality shall not apply to

facilities governed by the Oklahoma Funeral Board.

1. Such facilities shall:

a. report to the Department of Environmental Quality any

spill, leak or other release of industrial wastewater

from the facility by telephone within twenty-four (24)

hours of the spill, leak or release in writing within

seven (7) days of the spill, leak or release,

b. take immediate action to contain and remediate the

spill, leak or release to prevent risk to human health

or the environment, including surface water or

groundwater, and

c. notify adjacent landowners of the spill, leak or

release as soon as reasonably possible;

2. Nothing in this subsection shall be construed to relieve

such facilities from any requirements of federal law; and

3. Failure of such a facility to comply with the requirements

of paragraph 1 of this subsection shall cause the spill, leak or

release to be deemed a public nuisance within the meaning of Section

2-6-105 of this title.
Okla. Stat. tit. 27A, § 27A-2-14-304 — OK Code / Title 27A / Section 27A-2-14-304
Issuance or denial of final permit - Administrative
Status: in_force

procedures.

A. For draft permits or draft denials for Tier II applications

on which no comment or public meeting request was timely received

and on which no public meeting was held, the final permit shall be

issued or denied.

B. For draft permits or draft denials for Tier II applications

on which comment or a public meeting request was timely received or

on which a public meeting was held, the Department, after

considering the comments, shall prepare a response to comments and

issue the draft permit as is or as amended or make final denial.

The response to comments shall be prepared within ninety (90)

days after the close of the public comment period unless extended by

the Executive Director upon a determination that additional time is

required due to circumstances outside the control of the Department.

Such circumstances may include, but shall not be limited to, an act

of God, a substantial and unexpected increase in the number of

applications filed, additional review duties imposed on the

Department from an outside source, or outside review by a federal

agency.

C. For a draft permit for a Tier III application, after the

public comment period and the public meeting, if any, the Department

shall prepare a response to comments and either issue a final denial

in accordance with paragraph 2 of this subsection or prepare a

proposed permit.

1. When a proposed permit is prepared, the applicant shall

publish notice, as legal notice in one newspaper local to the

proposed new site or existing facility, of the Department's

tentative decision to issue the permit. Such notice shall identify

the places where the proposed permit and the Department's response

to comments may be reviewed, including a location in the county

where the proposed new site or existing facility is located and

shall offer a twenty-day opportunity to request an administrative

hearing to participate in as a party. The opportunity to request a

hearing shall be available to the applicant and any person or

qualified interest group who claims to hold a demonstrable

environmental interest and who alleges that the construction or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 314

operation of the proposed facility or activity would directly and

adversely affect such interest.

If no written administrative hearing request is received by the

Department by the end of twenty (20) days after the publication date

of the notice, the final permit shall be issued.

2. If the Department's final decision is to deny the permit, it

shall give notice to the applicant and issue a final denial in

accordance with subsection F of this section.

D. When an administrative hearing is timely requested on a

proposed permit in accordance with subsection C of this section, all

timely requests shall be combined in a single hearing. The hearing

shall be a quasi-judicial proceeding and shall be conducted by an

Administrative Law Judge in accordance with Article 2 of the

Administrative Procedures Act, the Code and rules promulgated by the

Environmental Quality Board.

1. The applicant shall be a party to the hearing.

2. The Department shall schedule a prehearing conference within

sixty (60) days after the end of the hearing request period.

3. The Department shall move expeditiously to an evidentiary

proceeding in which parties shall have the right to present evidence

before the Department on whether the proposed permit and the

technical data, models and analyses, and information in the

application upon which the proposed permit is based are in

substantial compliance with applicable provisions of the Code and

rules promulgated thereunder and whether the proposed permit should

be issued as is, amended and issued, or denied.

4. Failure of any party to participate in the administrative

proceeding with good faith and diligence may result in a default

judgment with regard to that party; provided however, that no final

permit shall be issued solely on the basis of any such judgment.

E. If the Department decides to reverse its initial draft

decision, it shall withdraw the draft denial or draft permit and

prepare a draft permit or draft denial, as appropriate. Notice of

the withdrawal of the original draft and preparation of the revised

draft shall be given as provided in Section 2-14-302 of this title.

The Department shall then re-open the comment period and provide

additional opportunity for a formal public meeting on the revised

draft as described in Section 2-14-303 of this title.

F. Upon final issuance or denial of a permit for a Tier III

application, the Department shall provide public notice of the final

permit decision and the availability of the response to comments, if

any.

G. Any appeal of a Tier III final permit decision or any final

order connected therewith shall be made in accordance with the

provisions of the Code and the Administrative Procedures Act.

H. Any applicant, within ten (10) days after final denial of

the application for a new original permit on which no final order

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 315

was issued, may petition the Department for reconsideration on the

grounds stated in subsection A of Section 317 of Title 75 of the

Oklahoma Statutes as if the denial was an order. Disposition of the

petition shall be by order of the Executive Director according to

subsections B and D of Section 317 of Title 75 of the Oklahoma

Statutes.
Okla. Stat. tit. 27A, § 27A-2-3-401 — OK Code / Title 27A / Section 27A-2-3-401
Department of Environmental Quality Revolving Fund -
Status: in_force

Subaccounts - Transfer of revolving fund monies.

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

fund for the Department of Environmental Quality to be designated

the "Department of Environmental Quality 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, administrative penalties, fees, charges, gifts and

monies from any other source that are not designated for deposit to

any other fund authorized by this Code. All monies accruing to the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 82

credit of said fund are hereby appropriated and may be budgeted and

expended by the Department for the purpose of implementing and

enforcing this Code. 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.

B. Individual subaccounts shall be established in the

Department of Environmental Quality Revolving Fund as necessary to

maintain the tracking of monies collected and to support the

programs and functions within the jurisdiction of the Department.

Each subaccount shall consist of all monies collected pursuant to

the program or function for which such subaccount has been

established and all monies collected for such programs and functions

shall be expended only and solely in furtherance of the statutory

objectives of such programs and functions. Provided, as otherwise

authorized by law, the Department may transfer monies between

subaccounts to meet cash flow needs of the Department so long as the

monies are transferred back to the appropriate subaccount to be

expended on the appropriate programs and functions.

C. All revolving fund monies belonging to, deposited in or

payable to the State Department of Health or the Oklahoma Water

Resources Board for the purpose of administering a program or

function over which the Department of Environmental Quality has

jurisdiction, are hereby transferred to the appropriate funds of the

Department of Environmental Quality. All other monies belonging to,

deposited in or payable to any other revolving fund under the

jurisdiction of the Department are hereby transferred.
Okla. Stat. tit. 27A, § 27A-1-1-206 — OK Code / Title 27A / Section 27A-1-1-206
Economic impact and environmental benefit statements
Status: in_force

A. Each state environmental agency in promulgation of permanent

rules within its areas of environmental jurisdiction, prior to the

submittal to public comment and review of any rule that is more

stringent than corresponding federal requirements, unless such

stringency is specifically authorized by state statute, shall duly

determine the economic impact and the environmental benefit of such

rule on the people of the State of Oklahoma including those entities

that will be subject to the rule. Such determination shall be in

written form.

B. Such economic impact and environmental benefit statement of

a proposed permanent rule shall be issued prior to or within fifteen

(15) days after the date of publication of the notice of the

proposed permanent rule adoption. The statement may be modified

after any hearing or comment period afforded pursuant to Article I

of the Administrative Procedures Act.

C. The economic impact and environmental benefit statement

shall be submitted to the Governor pursuant to Section 303.1 of

Title 75 of the Oklahoma Statutes and to the Legislature pursuant to

Section 308 of Title 75 of the Oklahoma Statutes. Such reports

submitted to the Governor and to the Legislature shall include a

brief summary of any public comments made concerning the statement

and any response by the agency to the public comments demonstrating

a reasoned evaluation of the relative impacts and benefits of the

more stringent regulation.
Okla. Stat. tit. 27A, § 27A-2-1-101 — OK Code / Title 27A / Section 27A-2-1-101
Short title - Subsequent enactments
Status: in_force

A. Chapter 2 of this title shall be known and may be cited as

the "Oklahoma Environmental Quality Code".

B. All statutes hereinafter enacted and codified in Chapter 2

of this title shall be considered and deemed part of the Oklahoma

Environmental Quality Code.
Okla. Stat. tit. 27A, § 27A-2-7-104 — OK Code / Title 27A / Section 27A-2-7-104
Hazardous waste management program - Personnel
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 166

A hazardous waste management program responsible for the

regulation and management of hazardous waste shall be maintained

within the Department. The hazardous waste management program shall

consist of a director, who shall be hired by the Executive Director,

and additional employees as the Executive Director deems are

necessary and duly qualified to carry out the provisions of the

Oklahoma Hazardous Waste Management Act. As a prerequisite for

employment as the director of the hazardous waste management

program, the applicant shall have expertise and at least two (2)

years' experience in waste management. The director and all

employees of the hazardous waste management program shall be subject

to the Merit System of Personnel Administration.
Okla. Stat. tit. 27A, § 27A-2-10-503 — OK Code / Title 27A / Section 27A-2-10-503
Fund pooling agreements or multiple beneficiary
Status: in_force

public trusts - Financial assistance programs.

A. Municipalities, counties and regional solid waste management

districts may directly, or through a public trust of which they are

a beneficiary, enter into agreements or multiple beneficiary public

trusts to combine or pool funds by contract with other

municipalities, counties, regional solid waste management districts,

and public trusts for management and investment when deemed

necessary to provide escrow or security funds to ensure operation,

maintenance, or closure of solid waste management systems and

disposal sites under applicable federal, state or local law.

B. One or more municipalities may establish or participate in a

program that provides for each participating municipality or any

participating county or regional solid waste management district to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 245

furnish financial assurance as required by the Resource Conservation

and Recovery Act, 42 U.S.C., Section 6901 et seq., or any other

federal, state or local law. The program may establish any

combination of financing mechanisms necessary to ensure that funds

will be available in a timely fashion when needed to meet a

participating entity's obligation thereunder. The program may

provide for participating entities to use any means available to

them to meet financial obligations pursuant to laws of the state.

The program may ensure enforcement of the payment of any financial

assurance obligation by a participating entity.
Okla. Stat. tit. 27A, § 27A-1002 — OK Code / Title 27A / Section 27A-1002
Renumbered as § 2-6-202 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-8 — OK Code / Title 27A / Section 27A-8
Renumbered as § 2-3-201 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-4-1-103 — OK Code / Title 27A / Section 27A-4-1-103
Duties of first responder and lead official - Toll
Status: in_force

free telephone number - Duties of Department of Environmental

Quality and Department of Civil Emergency Management - Duties of

responsible party.

A. For incidents or events involving releases of dangerous

substances requiring protective actions, the first responder shall

be responsible for initial evaluation of the incident and

implementation of protective action measures.

B. As soon as reasonably possible after arriving at the scene

of the incident, the first responder shall notify the lead official

to respond to the incident pursuant to subsection C of this section.

The first responder shall maintain authority to implement protective

action measures until the lead official arrives or until the

incident is stabilized.

C. Each contact agency specified to respond to a dangerous

substance incident requiring emergency response shall designate lead

officials who shall be capable of responding on a twenty-four-hour

basis to an incident.

D. Upon arrival at the incident scene, the lead official will

immediately assume responsibility for management of the incident.

All other responding emergency persons are to assist the lead

official in the discharge of the duties of the official.

E. If the first responder or the lead official believes the

incident to be of a significant nature to threaten the public

health, safety or the environment, the first responder or lead

official shall contact the Department of Environmental Quality as

soon as is reasonably possible. The Department of Environmental

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 395

Quality shall maintain a twenty-four-hour toll free statewide

telephone number to report emergencies.

F. The Department of Environmental Quality shall, as necessary:

1. Provide technical information or advice to the lead

official;

2. Provide for personnel for assistance in completing material

identification;

3. Provide technical assistance on or initiate procedures for

containment or suppression of the release;

4. Provide sampling and analysis of contaminated water or soil

after the release has been contained or stabilized;

5. Notify the responsible party of the release; and

6. Oversee the planning of final containment, cleanup and

recovery of dangerous materials.

G. The Department of Environmental Quality is authorized when

determined to be necessary to protect the public health, safety and

welfare of the environment to initiate cleanup operations of the

release based upon seriousness of the release, location of the

release, threat of the release to the public health and safety or

the environment, responsiveness of the responsible party, or

authorization of the responsible party. The responsible party shall

be liable for any expenses incurred in any cleanup operation.

H. 1. Upon the release of dangerous substances requiring

protective actions, the responsible party shall take immediate

emergency response measures as directed by the lead official

assuming responsibilities for management of the incident or the

Department of Environmental Quality if contacted by the first

responder or lead official pursuant to subsection E of this section.

2. If the responsible party fails to take immediate emergency

response measures as required pursuant to paragraph 1 of this

subsection, the contact agency, the district attorney of the county

where the release occurred or the Department of Environmental

Quality, as applicable, is authorized to apply for a temporary order

to compel the responsible party to take immediate emergency response

measures.

I. 1. In not less than four (4) hours nor more than seven (7)

days, as determined by the contact agency or the Department of

Environmental Quality, as applicable, the responsible party shall

provide a written action plan for the proposed cleanup operations to

the contact agency and shall initiate cleanup operations.

2. The contact agency, the district attorney of the countyDepartment of Environmental Quality and Department of Civil Emergency Management - Duties ofsponse

measures.

I. 1. In not less than four (4) hours nor more than seven (7)

days, as determined by the contact agency or the Department of

Environmental Quality, as applicable, the responsible party shall

provide a written action plan for the proposed cleanup operations to

the contact agency and shall initiate cleanup operations.

2. The contact agency, the district attorney of the county

where the release occurred or the Department of Environmental

Quality, as applicable, is authorized to apply for a temporary and

permanent court order to compel the responsible party to provide the

written action plan and to abate the release and restore the release

site.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 396

J. The Department of Environmental Quality shall maintain a

list of licensed highway remediation contractors.

K. The lead official may request the Department of Civil

Emergency Management to provide state resources in managing an

emergency or extreme emergency. If the lead official does not

request that the Department of Civil Emergency Management provide

state resources in managing an emergency or extreme emergency, the

lead official shall notify the Department of Civil Emergency

Management after the emergency or extreme emergency no longer poses

an immediate threat to the public's health or safety or the

environment of the release of dangerous substances.

L. The Department of Civil Emergency Management shall keep a

record of each emergency or extreme emergency which includes but is

not limited to the location, first responder, lead official, type of

emergency or extreme emergency, and actions taken to address said

emergency or extreme emergency.

M. At the request of the contact agency, the Department of

Civil Emergency Management shall provide assistance to the contact

agency, in either reviewing the emergency procedure or emergency

management plan used in managing the completed emergency or extreme

emergency within the jurisdiction of the contact agency.
Okla. Stat. tit. 27A, § 27A-1-4-119 — OK Code / Title 27A / Section 27A-1-4-119
Voluntary disclosure of violations - Immunity
Status: in_force

A. Except as otherwise provided by this act, a person who makes

a voluntary disclosure of a violation of an environmental or health

and safety law is immune from an administrative or civil penalty for

the violation disclosed.

B. A disclosure is voluntary only if:

1. The disclosure was made:

a. promptly after knowledge of the information disclosed

is obtained by the person making the disclosure, and

b. no later than forty-five (45) days after the

acquisition closing date, if the violation was

discovered during an audit conducted before the

acquisition closing date by a person considering the

acquisition of the regulated facility or operation;

2. Notice of the disclosure was made in writing by certified

mail to an agency that has regulatory authority with regard to the

violation disclosed;

3. An investigation of the violation was not initiated or the

violation was not independently detected by an agency with

enforcement jurisdiction before the disclosure was made using

certified mail;

4. The disclosure arises out of a voluntary environmental or

health and safety audit;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 53

5. The person who makes the disclosure initiates an appropriate

effort to achieve compliance, pursues that effort with due

diligence, and corrects the noncompliance within a reasonable time;

6. The person making the disclosure cooperates with the

appropriate agency in connection with an investigation of the issues

identified in the disclosure; and

7. The violation did not result in:

a. injury or imminent and substantial risk of serious

injury to one or more persons at the site, or

b. off-site substantial harm or imminent and substantial

risk of harm to persons, property, or the environment.

C. For a disclosure described in subparagraph b of paragraph 1

of subsection B of this section, the person making the disclosure

must certify in the disclosure that before the acquisition closing

date:

1. The person was not responsible for the environmental,

health, or safety compliance at the regulated facility or operation

that is subject to the disclosure;

2. The person did not have the largest ownership share of the

seller;

3. The seller did not have the largest ownership share of the

person; and

4. The person and the seller did not have a common corporate

parent or a common majority interest owner.

D. A disclosure is not voluntary for purposes of this section

if it is a report to a regulatory agency required solely by a

specific condition of an enforcement order or decree.

E. The immunity established by subsection A of this section

does not apply and an administrative or civil penalty may be imposed

under applicable law if:

1. The person who made the disclosure willfully or knowingly

committed or was responsible within the meaning of state laws for

the commission of the disclosed violation;

2. The person who made the disclosure recklessly committed or

was responsible within the meaning of state laws for the commission

of the disclosed violation and the violation resulted in substantial

injury to one or more persons at the site or off-site harm to

persons, property or the environment;

3. The offense was committed willfully or knowingly by a member

of the person's management or an agent of the person and the

person's policies or lack of prevention systems contributed

materially to the occurrence of the violation;

4. The offense was committed recklessly by a member of the

person's management or an agent of the person, the person's policies

or lack of prevention systems contributed materially to the

occurrence of the violation, and the violation resulted in

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 54

substantial injury to one or more persons at the site or off-site

harm to persons, property or the environment; or

5. The violation has resulted in a substantial economic benefit

that gives the violator a clear advantage over its business

competitors.

F. A penalty that is imposed under subsection D of this section

should, to the extent appropriate, be mitigated by factors such as:

1. The voluntariness of the disclosure;

2. Efforts by the disclosing party to conduct environmental or

health and safety audits;

3. Remediation;

4. Cooperation with government officials investigating the

disclosed violation;

5. The period of ownership of the regulated facility or

operation; or

6. Other relevant considerations.

G. In a civil or administrative enforcement action brought

against a person for a violation for which the person claims to have

made a voluntary disclosure, the person claiming the immunity has

the burden of establishing a prima facie case that the disclosure

was voluntary. After the person claiming the immunity establishes a

prima facie case of voluntary disclosure, other than a case in which

under subsections D and E of this section immunity does not apply,

the enforcement authority has the burden of rebutting the

presumption by a preponderance of the evidence.

H. In order to receive immunity under this section, a facility

conducting an environmental or health and safety audit under this

act must give notice to an appropriate regulatory agency of the fact

that it is planning to commence the audit. The notice shall specify

the facility or portion of the facility to be audited, the

anticipated time the audit will begin and the general scope of the

audit. The notice may provide notification of more than one

scheduled environmental or health and safety audit at a time.

I. In order to receive immunity under this section, a potential

purchaser:

1. That acquires a regulated facility or operation that is the

subject of an audit begun prior to acquisition may continue the

audit after the acquisition closing date if, no later than forty-

five (45) days after the acquisition closing date, the person

provides notice to an appropriate regulatory agency of the fact that

the potential purchaser intends to continue the ongoing audit;

2. The notice must specify:

a. the facility or portion of the facility being audited,

b. the date the audit began, and

c. the general scope of the audit; and

3. The potential purchaser must certify that before the

acquisition closing date:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 55

a. the potential purchaser was not responsible for the

scope of the environmental, health, or safety

compliance being audited at the regulated facility of

operation,

b. the potential purchaser did not have the largest

ownership share of the seller,

c. the seller did not have the largest ownership share of

the potential purchaser, and

d. the potential purchaser and the seller did not have a

common corporate parent or a common majority interest

owner.

J. The immunity under this section does not apply if a court or

administrative law judge finds that the person claiming the immunity

has, after the effective date of this act:

1. Repeatedly or continuously committed significant violations;

and

2. Not attempted to bring the facility or operation into

compliance, so as to constitute a pattern of disregard of

environmental or health and safety laws.

For violations to be considered a pattern, the person shall have

committed a series of violations that were due to separate and

distinct events occurring within a three-year period at the same

facility or operation.
Okla. Stat. tit. 27A, § 27A-2-4-306 — OK Code / Title 27A / Section 27A-2-4-306
Department of Environmental Quality - Accreditations
Status: in_force

A. The Department of Environmental Quality shall mutually

recognize environmental laboratory accreditations issued by The

NELAC Institute’s (TNI) primary National Environmental Laboratory

Accreditation Program (NELAP) accreditation bodies without any

duplicative actions to determine the laboratory’s conformity to TNI

Standards. These actions include, but are not limited to,

proficiency testing, quality assurance, and on-site assessment.

B. Mutual recognition does not mean automatic accreditation by

the Department or exemption from complying with the Department’s

administrative processes.

C. Mutual recognition does not prevent the Department from

verifying the accreditation with the primary accreditation body or

requiring a laboratory to adhere to applicable laws, rules and

normal administrative processes, such as submitting applications and

paying fees, so long as the Department does not impose additional

requirements concerning proficiency testing, quality assurance, on-

site assessment or other matters relating to conformance to TNI

Standards.

D. Mutual recognition is limited to the fields of accreditation

included in the primary accreditation consistent with the scope of

the Department’s laboratory accreditation program. If a laboratory

does not hold a primary accreditation in categories requested of the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 97

Department, the laboratory must apply for primary accreditation for

those categories in Oklahoma.

E. The Department is not required to recognize a primary

accreditation or grant secondary accreditation if a law, rule,

administrative proceeding or court order precludes or has the effect

of precluding the Department from granting accreditation in whole or

in part to a laboratory.

F. The Environmental Quality Board is authorized to promulgate

rules necessary to implement the provisions of this section.
Okla. Stat. tit. 27, § 27-11 — OK Code / Title 27 / Section 27-11
Reimbursement of expenses in certain jury awards — Property
Status: in_force

not acquired by condemnation.

A. Where a condemnation proceeding is instituted by any person,

agency, or other entity to acquire real property for use as provided

in Section 9 of this title or Section 52, 60, or 61 of Title 52 of

the Oklahoma Statutes and a jury trial is requested by the owner of

any right, title, or interest in such real property, or by both such

owner and the condemning authority, and the award of the jury

exceeds the greater of the award of the court-appointed

commissioners or the last timely written offer of just compensation

made by the condemning authority by at least ten percent (10%), the

owner of any right, title, or interest in such real property may be

paid such sum as in the opinion of the court will reimburse such

owner for his or her reasonable attorney, appraisal, and engineering

fees actually incurred because of the condemnation proceedings.

Such determination by the court shall be appealable to the Supreme

Court in the same manner as any other final order. The written

offer of just compensation will be considered timely for purposes of

this subsection if the offer is made at any time prior to seventy-

five (75) days after the report of the court-appointed commissioners

is filed. The final award of such sums shall be paid by the person,

agency, or other entity which sought to condemn the property.

B. Where a condemnation proceeding is instituted for the

purposes set forth in subsection A of this section and the final

judgment is that the real property cannot be acquired by

condemnation, if the party instituting the proceeding abandons such

proceeding, or if a jury trial is requested only by the condemning

authority, and the award of the jury exceeds ninety percent (90%) of

the greater of the award of the court-appointed commissioners or the

last written offer of just compensation made by the condemning

authority, the owner of any right, title, or interest in such real

property may be paid such sum as in the opinion of the court will

reimburse such owner for his or her reasonable attorney, appraisal,

and engineering fees actually incurred because of the condemnation

proceedings. Such determination by the court shall be appealable to

the Supreme Court in the same manner as any other final order. The

written offer of just compensation will be considered timely for

purposes of this subsection if it is made at any time prior to

seventy-five (75) days after the report of the court-appointed

commissioners is filed. The final award of such sums shall be paid

by the person, agency, or other entity which sought to condemn the

property.

Oklahoma Statutes - Title 27. Eminent Domain Page 6
Okla. Stat. tit. 27A, § 27A-2-6-206 — OK Code / Title 27A / Section 27A-2-6-206
Violations - Enforcement procedures - Penalties
Status: in_force

A. Whenever there are reasonable grounds to believe that there

has been a violation of any of the provisions of the Oklahoma

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 139

Pollutant Discharge Elimination System Act, any permit, any rule, or

any order of the Executive Director, the Executive Director shall

have the authority and powers to proceed as specified in the

Administrative Procedures Act unless otherwise provided herein.

Provided, however, that provisions of this section for written

notice, enforcement hearing, and administrative orders shall not be

conditions precedent for the Department to seek action in the

district court as provided by the Oklahoma Pollutant Discharge

Elimination System Act or other applicable provisions of law.

B. The Oklahoma Pollutant Discharge Elimination System Act

shall not in any way impair or in any way affect a person's right to

recover damages for pollution in a court of competent jurisdiction.

Any person having any interest connected with the geographic area or

waters or water system affected, including but not limited to any

aesthetic, recreational, health, environmental, pecuniary or

property interest, which interest is or may be adversely affected,

shall have the right to intervene as a party in any administrative

proceeding before the Department, or in any civil proceeding,

relating to violations of the Oklahoma Pollutant Discharge

Elimination System Act or rules, permits or orders issued hereunder.

C. Whenever on the basis of any information available, the

Department finds that any person or entity regulated by the

Department is in violation of any act, rule, order, permit,

condition or limitation implementing the Oklahoma Pollutant

Discharge Elimination System Act, or any previously issued discharge

permit, the Executive Director shall issue an order requiring such

person or entity to comply with such provision or requirement,

commence appropriate administrative enforcement proceedings, or

bring a civil action. Provided, however, the issuance of a

compliance order or suspension or revocation of a permit shall not

be considered a condition precedent to the accrual or imposition of

penalties or fines in any administrative, civil or criminal

proceeding.

D. A copy of any order issued pursuant to this section shall be

sent immediately to the violator. In any case in which an order or

notice to a violator is issued to a corporation, a copy of such

order shall be served on any appropriate corporate officers.

Any order issued pursuant to this section shall state with

reasonable specificity the nature of the violation, and shall

specify a time for compliance not to exceed thirty (30) days in the

case of a violation of an interim compliance schedule or operation

and maintenance requirement and not to exceed a reasonable time in

the case of a violation of a final deadline, taking into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements. Any order or notice issued by the

Executive Director may be served in any manner allowed by Oklahoma

Rules of Civil Procedures applicable to a civil summons.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 140

E. Whenever on the basis of any information available the

Executive Director finds that any person regulated by the Department

has violated any of the provisions of the Oklahoma Pollutant

Discharge Elimination System Act, or any permit, rule, order or

condition or limitation implementing any of such sections, or

previously issued discharge permit or related order, the Executive

Director may, after providing notice and opportunity for an

enforcement hearing to the alleged violator, assess an

administrative fine of not more than Ten Thousand Dollars

($10,000.00) per day of violation, for each day during which the

violation continues. The total amount of such fine shall not exceed

One Hundred Twenty-five Thousand Dollars ($125,000.00) per

violation. In determining the amount of any penalty assessed under

this subsection, the Executive Director shall take into account the

nature, circumstances, extent and gravity of the violation, or

violations, and, with respect to the violator, ability to pay, any

prior history of such violations, the degree of culpability,

economic benefit savings, if any, resulting from the violation, and

such other matters as justice may require. For purposes of this

subsection, a single operational upset which leads to simultaneous

violations of more than one pollutant parameter shall be treated as

a single violation. Enforcement hearings shall be conducted in

accordance with the procedures set out in the Administrative

Procedures Act.

F. 1. The Executive Director is authorized to commence a civil

action for appropriate relief, including a permanent or temporary

injunction, for any violation for which he is authorized to issue a

compliance order under subsection C of this section.

2. Any person who violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any permit condition

or limitation implementing any of such provisions in a permit issued

under the Oklahoma Pollutant Discharge Elimination System Act, or

any requirement imposed in a pretreatment program approved under the

Oklahoma Pollutant Discharge Elimination System Act, and any person

who violates any order issued by the Executive Director under

subsection C of this section, shall be subject to a civil penalty

not to exceed Ten Thousand Dollars ($10,000.00) per day for each

violation. In determining the amount of the civil penalty the court

shall consider the seriousness of the violation or violations, the

economic benefit, if any, resulting from the violation, any history

of such violations, any good faith efforts to comply with the

applicable requirements, the economic impact of the penalty on the

violator and such other matters as justice may require. For

purposes of this subsection, a single operational upset which leads

to simultaneous violations of more than one pollutant parameter

shall be treated as a single violation.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 141

3. Any action pursuant to this subsection may be brought in the

district court for the district in which the property or defendant

is located or defendant resides or is doing business, and such court

shall have jurisdiction to restrain such violation and to require

compliance.

4. The prior revocation of a permit shall not be a condition

precedent to the filing of a civil action under the Oklahoma

Pollutant Discharge Elimination System Act.

G. 1. Any person who:

a. negligently violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any

order issued by the Executive Director hereunder, or

any permit condition or limitation in a permit issued

or any requirement imposed in a pretreatment program

authorized pursuant to the Oklahoma Pollutant

Discharge Elimination System Act, or

b. negligently introduces into the waters of the state or

a treatment works discharging into the waters of the

state any pollutant or hazardous substance which such

person knew or reasonably should have known could

cause personal injury or property damage or, other

than in compliance with all applicable federal, state

or local requirements or permits, which causes such

treatment work to violate any effluent limitation or

condition in a permit issued to the treatment works

pursuant to the Oklahoma Pollutant Discharge

Elimination System Act,

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by a fine of not less than Two Thousand Five

Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand

Dollars ($25,000.00) per day of violation, or by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or by both such fine and imprisonment. If

a conviction of a person is for a violation committed after a first

conviction of such person under this paragraph, punishment shall be

a fine of not more than Fifty Thousand Dollars ($50,000.00) per day

of violation, or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

both.

2. Any person who:

a. knowingly violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any

order issued by the Executive Director hereunder, or

any permit condition or limitation in a permit issued

or any requirement imposed in a pretreatment program

authorized pursuant to the Oklahoma Pollutant

Discharge Elimination System Act, or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 142

b. knowingly introduces into the waters of the state or a

treatment works discharging into the waters of the

state any pollutant or hazardous substance which such

person knew or reasonably should have known could

cause personal injury or property damage or, other

than in compliance with all applicable federal, state

or local requirements or permits, which causes such

treatment work to violate any effluent limitation or

condition in a permit issued to the treatment works

under the Oklahoma Pollutant Discharge Elimination

System Act,

shall, upon conviction, be guilty of a Class D1 felony offense and

shall be punished by a fine of not less than Five Thousand Dollars

($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per

day of violation, or by imprisonment as provided for in subsections

B through F of Section 20N of Title 21 of the Oklahoma Statutes, or

by both. If a conviction of a person is for a violation committed

after a first conviction of such person under this paragraph,

punishment shall be a fine of not more than One Hundred Thousand

Dollars ($100,000.00) per day of violation, or by imprisonment as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes, or by both.

3. a. Any person who knowingly violates any provision of the

Oklahoma Pollutant Discharge Elimination System Act,

or any permit condition or limitation in a permit

issued hereunder by the Executive Director, and who

knows at that time that he thereby places another

person in imminent danger of death or serious bodily

injury shall, upon conviction, be guilty of a Class C2

felony offense and shall be subject to a fine of not

more than Two Hundred Fifty Thousand Dollars

($250,000.00), or imprisonment in the State

Penitentiary for not more than fifteen (15) years, or

both. A person which is an organization shall, upon

conviction of violating this subparagraph, be subject

to a fine of not more than One Million Dollars

($1,000,000.00). If a conviction of a person is for a

violation committed after a first conviction of such

person under this paragraph, the maximum punishment

shall be doubled with respect to both fine and

imprisonment.

b. For the purpose of subparagraph a of this paragraph:

(1) in determining whether a defendant who is an

individual knew that his conduct placed another

person in imminent danger of death or serious

bodily injury, a person shall be responsible only

for actual awareness or actual belief that he

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 143

possessed, and knowledge possessed by a person

other than the defendant but not by the defendant

himself may not be attributed to the defendant;

provided however that in proving the defendant's

possession of actual knowledge, circumstantial

evidence may be used, including evidence that the

defendant took affirmative steps to shield

himself from relevant information,

(2) it is an affirmative defense to prosecution under

this subsection that the conduct charged was

consented to by the person endangered and that

the danger and conduct charged were reasonably

foreseeable hazards of an occupation, business,

profession or of a medical treatment or medical

or scientific experimentation conducted by

professionally approved methods and such other

person had been made aware of the risks involved

prior to giving consent, and such defense may be

established under this subparagraph by a

preponderance of the evidence.

4. Any person who knowingly makes any false material statement,

representation, or certification in any application, record, report,

plan, or other document filed or required to be maintained under the

Oklahoma Pollutant Discharge Elimination System Act or who knowingly

falsifies, tampers with, or renders inaccurate any monitoring device

or method required to be maintained under the Oklahoma Pollutant

Discharge Elimination System Act shall, upon conviction, be guilty

of a Class D1 felony offense and shall be punished by a fine of not

more than Ten Thousand Dollars ($10,000.00), or by imprisonment as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes. If a conviction of a person is for a

violation committed after a first conviction of such person under

this paragraph, punishment shall be by a fine of not more than

Twenty Thousand Dollars ($20,000.00) per day of violation, or by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by both.

5. For purposes of this subsection, a single operational upset

which leads to simultaneous violations of more than one pollutant

parameter shall be treated as a single violation.

H. Whenever, on the basis of information available to him, the

Department finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of the

Oklahoma Pollutant Discharge Elimination System Act or any

requirement, rule, permit or order issued under the Oklahoma

Pollutant Discharge Elimination System Act, the Department shall

notify the owner or operator of such treatment works of such

violation. If the owner or operator of the treatment works does not

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 144

commence appropriate enforcement action within thirty (30) days of

the date of such notification, the Department may commence a civil

action for appropriate relief, including but not limited to a

permanent or temporary injunction, against the owner or operator of

such treatment works. In any such civil action the Department shall

join the owner or operator of such source as a party to the action.

Such action shall be brought in the district court in the county in

which the treatment works is located. Such court shall have

jurisdiction to restrain such violation and to require the owner or

operator of the treatment works and the owner or operator of the

source to take such action as may be necessary to come into

compliance with the Oklahoma Pollutant Discharge Elimination System

Act. Nothing in this subsection shall be construed to limit or

prohibit any other authority the Department may have under this

section.

I. 1. Any person against whom an administrative compliance or

penalty order is issued under this section may obtain review of such

order by filing a petition for review in district court pursuant to

the Administrative Procedures Act. Such court shall not set aside

or remand such order unless there is not substantial evidence in the

administrative record, taken as a whole, to support the finding of a

violation or unless the assessment of the penalty constitutes an

abuse of discretion and shall not impose additional civil penalties

for the same violation unless the assessment of the penalty

constitutes an abuse of discretion. No stay of an administrative

penalty order shall be granted until the amount of penalty assessed

has been deposited with the reviewing district court pending

resolution of the petition for review.

2. If any person fails to pay an assessment of an

administrative penalty:

a. after the order making the assessment has become

final, or

b. after a court in an action brought under paragraph 1

of this subsection has entered a final judgment in

favor of the Department, as the case may be,

the Department may commence or may request the Attorney General to

bring a civil action in an appropriate district court to recover the

amount assessed plus interest at currently prevailing rates from the

date of the final order or the date of the final judgment, as the

case may be. In such an action, the validity, amount, and

appropriateness of such penalty shall not be subject to review.

3. Any person who fails to pay on a timely basis the amount of

an assessment of an administrative or civil penalty shall be

required to pay, in addition to such amount and interest, attorneys

fees and costs for collection proceeding and quarterly nonpayment

penalty for each quarter during which such failure to pay persists.

Such nonpayment penalty shall be in an amount equal to twenty

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 145

percent (20%) of the aggregate amount of such person's penalties and

nonpayment penalties which are unpaid as of the beginning of such

quarter.
Okla. Stat. tit. 27A, § 27A-2-6-310.4 — OK Code / Title 27A / Section 27A-2-6-310.4
Act not to affect certain agencies' powers and
Status: in_force

duties.

No provision of this act shall affect the powers and duties of

any state agency or any agency of any political subdivision of the

state which is charged with responsibility for water control or

water management.
Okla. Stat. tit. 27A, § 27A-3-3-405 — OK Code / Title 27A / Section 27A-3-3-405
Fund created
Status: in_force

There is hereby created a revolving fund to be known as the

Small Watersheds Flood Control Fund. Said fund shall consist of all

monies appropriated to, deposited in or credited to said fund.
Okla. Stat. tit. 27A, § 27A-9 — OK Code / Title 27A / Section 27A-9
Renumbered as § 2-3-101 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-5-104 — OK Code / Title 27A / Section 27A-2-5-104
Definitions
Status: in_force

As used in the Oklahoma Clean Air Act:

1. "Accidental release" means an unanticipated emission of a

regulated substance or other extremely hazardous substance into the

ambient air from a stationary source;

2. "Air contaminants" means the presence in the outdoor

atmosphere of fumes, aerosol, mist, gas, smoke, vapor, particulate

matter or any combination thereof which creates a condition of air

pollution;

3. "Air pollution" means the presence in the outdoor atmosphere

of one or more air contaminants in sufficient quantities and of such

characteristics and duration as tend to be or may be injurious to

human, plant or animal life or to property, or which interfere with

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 99

the comfortable enjoyment of life and property, excluding, however,

all conditions pertaining to employer-employee relations;

4. "Ambient air" means the surrounding outdoor air;

5. "Chair" means the Chair of the Air Quality Council;

6. "Council" means the Air Quality Council;

7. "Director" means the Director of Air Quality Division;

8. "Emission" means the release or discharge of any air

contaminant or potential air contaminant into the ambient air;

9. "Federal Clean Air Act" means the Federal Clean Air Act, 42

U.S.C. 7401, et seq., as amended, including the Federal Clean Air

Act Amendments of 1990;

10. "Hazardous air pollutant" means any air pollutant listed

and regulated pursuant to subsection (b) of Section 112 of the

Federal Clean Air Act;

11. "Hearing officer" means a person appointed to preside at

public hearings held pursuant to this article;

12. "Panel" means the Compliance Advisory Panel;

13. "Person" means any individual, partnership, copartnership,

firm, company, corporation, association, joint stock company, trust,

estate, municipality or any other legal entity, or their

representative, agent or assign;

14. "Regulated substance" means any substance, including

extremely hazardous substances, listed and regulated pursuant to

Section 112(r)(3) of the Federal Clean Air Act;

15. "Small Business Stationary Source" means a stationary

source as defined in Section 507 (c) of the Federal Clean Air Act;

16. "Toxic air contaminant" means any substance determined to

be highly toxic, moderately toxic, or of low toxicity pursuant to

criteria set forth by rule. The term shall not be construed to

include pollutants for which a primary and secondary ambient air

quality standard has been promulgated under the Federal Clean Air

Act to the extent of the criteria for which they are listed; and

17. "Trade secret" means information, including but not limited

to a formula, pattern, compilation, program, device, method,

technique or process, that:

a. derives independent economic value, actual or

potential, from not being generally known to, and not

being readily ascertainable by proper means by, other

persons who can obtain economic value from its

disclosure or use, and

b. is the subject of efforts that are reasonable under

the circumstances to maintain its secrecy.

The term "trade secret" shall not be construed to include data

concerning the amount, emission rate or identification of any air

contaminant emitted by any source, nor shall it include the contents

of any proposed or final permit.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 100
Okla. Stat. tit. 27A, § 27A-2-3-503 — OK Code / Title 27A / Section 27A-2-3-503
Notice of complaint - Opportunity to provide written
Status: in_force

information pertinent to complaint.

If the Department undertakes an enforcement action as a result

of a complaint, the Department shall notify the complainant of the

enforcement action by mail and offer the complainant an opportunity

to provide written information pertinent to the complaint within

fourteen (14) calendar days after the date of the mailing.
Okla. Stat. tit. 27A, § 27A-2-16-103 — OK Code / Title 27A / Section 27A-2-16-103
Definitions
Status: in_force

As used in the Oklahoma Refinery Revitalization Act:

1. “Executive Director” means the Executive Director of the

Oklahoma Department of Environmental Quality;

2. “Administrator” means the Administrator of the Environmental

Protection Agency;

3. “RPCA” means the Refinery Permitting Cooperative Agreement;

4. “Federal authorization” means any authorization required

under federal law, including but not limited to, the Clean Air Act,

the Federal Water Pollution Control Act, the Safe Drinking Water

Act, the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, the Solid Waste Disposal Act, the Toxic

Substances Control Act, the National Historic Preservation Act, the

National Environmental Policy Act of 1969, and the Endangered

Species Act, in order to site, construct, upgrade, or operate a

refinery facility, including such permits, special use

authorizations, certifications, opinions, or other approvals as may

be required, whether issued by a federal, state, or local agency;

5. “Commission” means the Oklahoma Corporation Commission;

6. “Tax Commission” means the Oklahoma Tax Commission; and

7. “Refinery facility” means any facility designed and operated

to receive, unload, store, process and refine raw crude oil by any

chemical or physical process, including distillation, fluid

catalytic cracking, hydrocracking, coking, alkylation,

etherification, polymerization, catalytic reforming, isomerization,

hydrotreating, blending, and any combination thereof.
Okla. Stat. tit. 27A, § 27A-3-7-113 — OK Code / Title 27A / Section 27A-3-7-113
Spring Creek Watershed Study Cash Fund Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Conservation Commission to be designated the

“Spring Creek Watershed Study Cash Fund Revolving Fund”. The fund

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

and shall consist of all monies received by the Commission from

appropriations by the Legislature to the fund, and any money

received as gifts, grants, or other contributions from public or

private sources provided for the purpose of implementing the Spring

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 390

Creek Watershed Study Act. All monies accruing to the credit of the

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

Commission for the purpose provided for in this act. 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-2-6-501.2 — OK Code / Title 27A / Section 27A-2-6-501.2
Sludge management land application plan
Status: in_force

A. Any permit application received by the Department on or

after July 1, 1993, for a discharge permit, a municipal or

industrial wastewater construction or treatment permit or a public

water supply permit shall include or provide for a sludge management

plan if the applicant proposes the beneficial use of such sludge or

wastewater through land application.

B. Any permittee proposing the land application of wastewater

or sludge under the terms of an existing Department issued municipal

or industrial construction or wastewater treatment permit, a

discharge permit or a water supply permit, must receive the

Department's approval on a sludge management plan. Adding a sludge

management land application plan to an existing individual

industrial discharge permit or an industrial wastewater treatment

permit issued by the Department shall require the major modification

of the existing permit. For purposes of this section, permits

issued by the Oklahoma Water Resources Board and the State

Department of Health prior to June 30, 1993 shall be deemed issued

by the Department upon the transfer of such permits to the

Department effective July 1, 1993.

C. Sludge management plans for the land application of sludge

or wastewater which have been approved by the Department may be

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 156

modified or amended by the Department pursuant to rules promulgated

by the Board.

D. Any use or final disposition of sludge other than land

application shall require the approval of the Department pursuant to

rules promulgated by the Board.
Okla. Stat. tit. 27A, § 27A-3-2-106 — OK Code / Title 27A / Section 27A-3-2-106
Powers and duties of Commission
Status: in_force

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

except as otherwise provided by law, the Oklahoma Conservation

Commission shall have the power and duty to:

1. Offer the assistance as may be appropriate to the directors

of conservation districts in the carrying out of any of their powers

and programs and to:

a. assist and guide districts in the preparation and

carrying out of programs for resource conservation

authorized under the Conservation District Act,

b. review district programs,

c. coordinate the programs of the several districts and

resolve any conflicts in such programs, and

d. facilitate, promote, assist, harmonize, coordinate,

and guide the resource conservation programs and

activities of districts as they relate to other

special purpose districts, counties, and other public

agencies;

2. Keep the directors of each of the several districts informed

of the activities and experience of all other districts, and

facilitate an interchange of advice and experience between the

districts and cooperation between them;

3. Enter into contracts and agreements and execute such

instruments in the judgment of the Commission as are necessary,

beneficial, or convenient toward the exercise of any of the

Commission's powers conferred upon it by law. This includes, but is

not limited to, creating shared positions, administering statewide

programs with districts, and exploring funding sources for

conservation programs, practices, and pilot projects;

4. Review agreements, or forms of agreements, proposed to be

entered into by districts with other districts or with any state,

federal, tribal, interstate, or other public or private agency,

organization, or individual, and advise the districts concerning the

agreements or forms of agreements;

5. Secure the cooperation and assistance of the United States

and any of its agencies, any tribe, agencies of this state, other

entities, or individuals in the work of the Commission or districts;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 338

6. Accept donations, grants, gifts and contributions in money,

services, or otherwise from the United States or any of its

agencies, tribes, the state or any of its agencies, other entities,

or individuals in order to carry out the purposes of the

Conservation District Act;

7. Disseminate information throughout the state concerning the

activities and programs of the conservation districts and make

available information concerning the needs and the work of the

conservation districts and Commission to the Governor, the

Legislature, executive agencies of the government of this state,

political subdivisions of this state, cooperating federal agencies,

and the general public;

8. Serve along with conservation districts as the official

state agencies for cooperating with the Natural Resources

Conservation Service of the United States Department of Agriculture

and carrying on conservation operations within the boundaries of

conservation districts;

9. Cooperate with and give such assistance as it deems

necessary and proper to conservancy districts, watershed

associations, and other special purpose districts in the State of

Oklahoma for the purpose of cooperating with the United States

through the Secretary of Agriculture in the furtherance of

conservation pursuant to the provisions of the Federal Watershed

Protection and Flood Prevention Act, as amended;

10. Recommend the inclusion in annual and longer-term budgets

and appropriation legislation of the State of Oklahoma of funds

necessary for appropriation by the Legislature to finance the

activities of the Commission and the conservation districts and to:

a. administer the provisions of the Conservation District

Act hereafter enacted by the Legislature appropriating

funds for expenditure in connection with the

activities of conservation districts,

b. distribute to conservation districts funds, equipment,

supplies, and services received by the Commission for

that purpose from any source, subject to such

conditions as shall be made applicable thereto in any

state or federal statute or local ordinance making

available such funds, property, or services,

c. issue guidelines and suitable controls to govern the

use by conservation districts of funds, property, and

services, and

d. review all budgets, administrative procedures, and

operations of such districts and advise the districts

concerning their conformance with applicable laws and

regulations;

11. Enlist the cooperation and collaboration of state, federal,

tribal, regional, interstate, local, public, and private agencies

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 339

with the conservation districts and facilitate arrangements under

which the conservation districts may serve county governing bodies

and other agencies as their local operating agencies in the

administration of any activity concerned with the conservation of

renewable natural resources;

12. Pursuant to procedures developed mutually by the Commission

and federal, tribal, state, and local agencies that are authorized

to plan or administer activities significantly affecting the

conservation of renewable natural resources, receive from these

agencies for review and comment suitable descriptions of their

plans, programs, and activities for purposes of coordination with

district conservation programs and to arrange for and participate in

conferences necessary to avoid conflict among plans and programs, to

call attention to omissions, and to avoid duplication of effort;

13. Compile information and make studies, summaries, and

analyses of district programs in relation to each other and to other

resource conservation programs on a statewide basis;

14. Except as otherwise assigned by law, carry out the policies

of this state in programs at the state level for the conservation of

the renewable natural resources of this state and represent the

state in matters affecting such resources;

15. Assist conservation districts in obtaining legal services

from state and local legal officers;

16. Require annual reports from conservation districts, the

form and content of which shall be developed by the Commission in

consultation with the district directors;

17. Establish by rules, with the assistance and advice of the

State Auditor and Inspector, adequate and reasonably uniform

accounting and auditing procedures that shall be used by

conservation districts;

18. Conduct workshops for district directors to instruct them

on the subjects of district finances, the Conservation District Law

and related laws, and their duties and responsibilities as

directors;

19. Assist and supervise districts in carrying out their

responsibilities in accordance with Oklahoma laws;

20. Have power, by administrative order, upon the written

request of the board of directors of the conservation district or

districts involved, with a showing that such request has been

approved by a majority vote of the members of each of the boards

involved, to:

a. transfer lands and assign easements from one district

established under the provisions of the Conservation

District Act to another,

b. divide a single district into two or more districts,

each of which shall thereafter operate as a separate

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 340

district under the provisions of the Conservation

District Act, and

c. consolidate two or more districts established under

the provisions of the Conservation District Act, which

consolidated area shall operate thereafter as a single

district under the provisions of the Conservation

District Act;

21. Except as otherwise provided by law, act as the management

agency having jurisdiction over and responsibility for directing

nonpoint source pollution prevention programs outside the

jurisdiction or control of cities or towns in Oklahoma. The

Commission, otherwise, shall be responsible for all identified

nonpoint source categories except silviculture, urban stormwater

runoff and industrial runoff;

22. Establish and maintain an Equipment Revolving Fund for the

purpose of loaning conservation districts funds to purchase

equipment to be used for the installation of conservation practices.

The fund shall consist of all monies appropriated to, deposited in

or credited to the fund;

23. Administer cost-share programs to carry out conservation or

best management practices on the land to benefit the public through

the prevention or reduction of soil erosion and nonpoint source

pollution and general resource management. The Commission is not

authorized to implement mandatory compliance with management

practices, except as otherwise provided by law, to abate

agricultural nonpoint source pollution;

24. Plan watershed-based nonpoint source pollution control

activities, including the development and implementation of

conservation plans for the improvement and protection of the

resources of the state;

25. Assist the Oklahoma Water Resources Board on lake projects

through stream and river monitoring, assessing watershed activities

impacting lake water quality, and assisting in the development of a

watershed management plan;

26. Maintain the activities of the state's nonpoint source

working group;

27. Prepare, revise, and review Oklahoma's nonpoint source

management program and nonpoint source assessment report in

coordination with other state environmental agencies and compile a

comprehensive assessment for the state every five (5) years. The

management program and assessment report shall be distributed to the

Governor, Secretary of Energy and Environment, the President Pro

Tempore of the Oklahoma State Senate, and the Speaker of the

Oklahoma House of Representatives;

28. Under the direction of the Office of the Secretary of

Energy and Environment, develop and implement the state's nonpoint

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 341

source water quality monitoring strategy in coordination with other

environmental agencies;

29. Monitor, evaluate, and assess the waters of the state to

determine the condition of streams and rivers impacted by nonpoint

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

Conservation Commission shall serve as the technical lead agency for

nonpoint source pollution categories as defined in Section 319 of

the Federal Clean Water Act or other subsequent federal or state

nonpoint source programs;

30. Administer the Blue Thumb Program;

31. Enter into agreements or contracts for services with any of

the substate planning districts recognized by the Oklahoma

Department of Commerce;

32. Cooperate with the federal government, or any agency

thereof, to participate in and coordinate with federal programs that

will yield additional federal funds to the state for programs within

the jurisdiction of the Conservation Commission. This participation

shall be subject to the availability of state funds;

33. Implement pilot projects and programs, subject to the

availability of funds, that will demonstrate the latest technologies

and applications in conservation programs that may provide direct or

residual benefits to conservation practices in the state; and

34. Promulgate rules necessary, expedient, or appropriate to

carry out the purposes, objectives, or provisions or appropriate to

the performance of the Conservation District Act and the Oklahoma

Carbon Sequestration Enhancement Act and:

a. may establish and collect fees for services provided

pursuant to the Conservation District Act and the

Oklahoma Carbon Sequestration Enhancement Act,

including any services for the certification or

verification of sustainable agricultural production

practices, including but not limited to, the Natural

Resources Conservation Service Soil Condition Index,

and

b. shall promulgate all rules establishing fees in

accordance with the Administrative Procedures Act,

which fees shall be fair and equitable to all parties

concerned.

B. Nothing in this act shall take away any of the present

duties or responsibilities delegated by law or constitution to other

environmental agencies.
Okla. Stat. tit. 27A, § 27A-2-7-130 — OK Code / Title 27A / Section 27A-2-7-130
Violations - Criminal penalties
Status: in_force

Except as otherwise provided by the Oklahoma Hazardous Waste

Management Act or other law, any person who violates any of the

provisions of the Oklahoma Hazardous Waste Management Act or rules

promulgated thereunder shall be deemed guilty of a misdemeanor and

upon conviction thereof shall be subject to imprisonment in the

county jail for not more than six (6) months, or a fine of not less

than Two Hundred Dollars ($200.00) nor more than Twenty-five

Thousand Dollars ($25,000.00), or by both such fine and

imprisonment. Each day or part of a day during which such violation

is continued or repeated shall constitute a new and separate

offense.
Okla. Stat. tit. 27A, § 27A-4-1-102 — OK Code / Title 27A / Section 27A-4-1-102
Definitions
Status: in_force

For purposes of the Oklahoma Emergency Response Act:

1. "State environmental agency" includes:

a. the Oklahoma Water Resources Board,

b. the Corporation Commission,

c. the State Department of Agriculture,

d. the Oklahoma Conservation Commission,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 393

e. the Department of Wildlife Conservation,

f. the Department of Mines and Mining,

g. the Department of Public Safety,

h. the Department of Labor,

i. the Department of Environmental Quality, and

j. the Department of Civil Emergency Management;

2. "Lead official" means the person designated by the contact

agency to be the official in charge of the on-site management of the

emergency;

3. "Emergency" means a sudden and unforeseeable occurrence or

condition either as to its onset or as to its extent, of such

severity or magnitude that immediate emergency response or action is

necessary to preserve the health and safety of the public or

environment or to preserve property;

4. "Dangerous substance" means explosives, gases, flammable

liquids and solids, poisons, radioactive materials, hazardous

materials, deleterious substances, oil, or other substance or

material in a quantity or form capable of posing an unreasonable

risk to public health and safety, property or to the environment;

5. "Release" means a leakage, seepage, discharge, emission or

escaping of a dangerous substance into the environment of the state;

6. "Extreme emergency" means any emergency which requires

immediate protective actions;

7. "Protective actions" are those steps deemed necessary by

first responders to an extreme emergency to preserve the health and

safety of the emergency responders, the public and the protection of

the environment and property during an incident involving the

release of a dangerous substance. Protective actions include but

are not limited to area isolation, evacuation, dilution, cooling,

encapsulation, chemical treatment and diking;

8. "First responder" means the first person to arrive at the

scene of an incident involving the release of a dangerous substance

who has the authority by virtue of that person's position as a local

law enforcement officer, peace officer, fire protection officer or

Oklahoma Highway Patrol Officer or other law enforcement officer;

9. "Contact agency" means a municipality, fire department or

the Oklahoma Highway Patrol as determined by the location of an

incident as follows:

Location Contact Agency

a. Inside corporate municipal Municipal Fire

limits Department

b. Outside corporate Closest Municipal

limits on private property Fire Department

c. Outside corporate limits Oklahoma Highway

on federal/state highway, Patrol;

public property, county road,

or a railroad;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 394

10. "Responsible party" means any person who owned, operated,

or otherwise controlled activities at the facility at the time the

incident or event involving releases of dangerous substances

requiring protective actions occurred; and

11. "Facility" means:

a. any building, structure, installation, equipment, pipe

or pipeline, including any pipe into a sewer or

publicly owned treatment works, well, pit, pond,

lagoon, impoundment, ditch, landfill, storage

container, motor vehicle, rolling stock, or aircraft,

or

b. any site or area where a hazardous substance has been

deposited, stored, disposed of, or placed, or

otherwise came to be located, or

c. any vessel, including every description of watercraft

or other artificial conveyance used, or capable of

being used, as a means of transportation on water.
Okla. Stat. tit. 27A, § 27A-3-3-108 — OK Code / Title 27A / Section 27A-3-3-108
Long-range program and annual work plan - Annual report - Dissemination of works
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 9report - Dissemination of works and activities information.

A. 1. Each district organized under the Conservation District

Act shall prepare and keep current a long-range program for the

conservation of all the renewable natural resources of the district.

The program shall be directed toward conservation of resources for

their best uses and in a manner that will best meet the needs of the

district and the state, and be consistent with the best uses of the

renewable natural resources of the state.

2. The program shall include:

a. an inventory of all renewable natural resources in the

district,

b. a compilation of current resource needs,

c. projections of future resource requirements,

d. priorities for various resource activities,

e. projected timetables, and

f. provisions for coordination with other resource

programs.

B. The district shall also prepare an annual work plan, that

shall describe the action programs, services, facilities, materials,

working arrangements and estimated funds needed to carry out the

parts of the long-range program that are of the highest priorities.

C. 1. Every district shall publish an annual report of its

plans, programs, activities, budget, receipts, and expenditures.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 351

2. The report shall include therein:

a. descriptions of its official Resources Conservation

Program,

b. the current annual program related thereto, and

c. the status of all activities initiated under the

program.

3. Each district:

a. shall submit copies of each annual report to the

Governor of the state and to the State Conservation

Commission, which shall furnish a copy thereof to the

appropriate state legislative officers, in accordance

with rules concerning the reports to be issued by the

Commission,

b. shall make copies of the reports, and summaries and

digests thereof, available to all federal, state and

local cooperating agencies and shall make suitable

distribution to the general public, and

c. may publish additional information and reports as may

be necessary and appropriate.

D. Every district shall, through public hearings, publications

and other means, keep the general public, and all operators or

occupiers of land within the district, informed of the works and

activities planned and administered by the district, of the purposes

these will serve, of the income and expenditures of the district,

the purposes for which the funds are expended, and of the results

achieved annually by the district.

E. Each district shall submit to the Commission its proposed

long-range program and annual work plans for adoption, rejection,

modification or revision.
Okla. Stat. tit. 27A, § 27A-2-7-126 — OK Code / Title 27A / Section 27A-2-7-126
Orders
Status: in_force

In addition to any other remedies provided in the Oklahoma

Hazardous Waste Management Act, the Department of Environmental

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 193

Quality may issue a written order to any person whom the Department

has reason to believe has violated or is presently in violation of

the Oklahoma Hazardous Waste Management Act, or any rule promulgated

thereunder.

1. Such order may require compliance with the Oklahoma

Hazardous Waste Management Act or such rule immediately or within a

specified time period or both. Such order may also assess an

administrative penalty for any past or current violation of the

Oklahoma Hazardous Waste Management Act or the rules and for each

day or part of a day that such person fails to comply with such

order.

a. Any order issued pursuant to this section shall state

with specificity the nature of the violation or

violations.

b. Any penalty assessed in the order shall not exceed

Twenty-five Thousand Dollars ($25,000.00) per day of

noncompliance for each violation of the Oklahoma

Hazardous Waste Management Act, the rules or the

order. In assessing such penalties, the Executive

Director shall consider the seriousness of the

violation or violations and any good faith efforts to

comply with applicable requirements.

2. Any order issued pursuant to this section shall become a

final order unless, no later than fifteen (15) days after the order

is served, the person or persons named therein request an

administrative enforcement hearing. Upon such request the

Department shall promptly provide for the hearing. The Department

shall dismiss such proceedings where past and current compliance

with the Oklahoma Hazardous Waste Management Act, the rules and the

order is demonstrated.

a. Orders and hearings are subject to the Administrative

Procedures Act.

b. A final order following an enforcement hearing may

assess an administrative penalty of an amount based

upon consideration of the evidence but not exceeding

the amount stated in the written order.

c. The Department may adopt procedural rules as necessary

and appropriate to implement the provisions of this

section.

3. Any order issued pursuant to the Oklahoma Hazardous Waste

Management Act may require that corrective action be taken beyond

the hazardous waste facility boundary 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, the owner or operator is unable to obtain the

necessary permission to undertake such action.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 194