Okla. Stat. tit. 27A, § 27A-3-5-102 — OK Code / Title 27A / Section 27A-3-5-102
Definitions
Status: in_force

As used in the Oklahoma Carbon Capture and Geologic

Sequestration Act:

1. “Approved reservoir” means a reservoir that is determined by

the Corporation Commission to be suitable for the receipt, storage

or sequestration of injected carbon dioxide therein;

2. “Capture” means capturing:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 371

a. CO2 emissions at their source, including power plants,

industrial facilities, or other emissions sites before

the emissions are released into the atmosphere, and

b. CO2 from the atmosphere through the process of direct

air capture;

3. “Carbon dioxide” or “CO2” means an inorganic compound

containing one carbon atom and two oxygen atoms, and that exists as

a gas at standard temperature and pressure. Carbon dioxide is an

inert, stable, colorless, odorless, nontoxic, incombustible,

inorganic gas that is dissolvable in water and is naturally present,

such as in underground locations and in the atmosphere as a trace

gas;

4. “Carbon sequestration” means underground storage or

sequestration of carbon dioxide in one or more reservoirs;

5. “Class VI CO2 injection well” means an artificial excavation

or opening in the ground made by digging, boring, drilling, jetting,

driving, or another method and is used to inject or transmit carbon

dioxide into one or more reservoirs for long-term storage;

6. “Class VI CO2 capture and compression equipment” means the

equipment, separation units, processing units, processing plants,

pipe, buildings, pumps, compressors, meters, facilities, motors,

fixtures, materials, and machinery, and all other improvements used

in the operation of any of them, and property, real or personal,

intangible or tangible, either attributable to or relating to, or

located thereon, used for the purpose of:

a. capturing carbon dioxide from a source that produces

carbon dioxide, and/or

b. compressing or otherwise increasing the pressure of

carbon dioxide;

7. “CO2 pipeline” means any pipeline, compressors, pumps,

meters, facilities, valves, fittings, right-of-way markers, cathodic

protection ground beds, anodes, rectifiers, and any other cathodic

protection devices, and other associated equipment, appurtenances

and fixtures located on, attributable to or used in connection with

the same, and used for the purpose of transporting carbon dioxide

for carbon sequestration in this state or another state, excluding:

a. CO2 capture and compression equipment at the source of

the carbon dioxide, and

b. pipelines that are part of a CO2 sequestration

facility;

8. “CO2 stream” means CO2 that has been captured from an

emissions source, including any incidental associated substances

derived from the source materials and the capture process, and any

substance added to the stream to enable or improve the injection

process;

9. “CO2 sequestration facility” means the approved

reservoir(s), and all associated underground equipment and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 372

pipelines, all associated surface buildings and equipment, and all

associated Class VI CO2 injection wells, utilized for carbon

sequestration in a defined geographic boundary established by the

Corporation Commission, excluding any:

a. CO2 capture and compression equipment at the source of

the carbon dioxide, and

b. CO2 pipeline transporting carbon dioxide to the

facility from a source located outside the geographic

boundaries of the surface of the facility;

10. “CO2 storage unit” means a unit created pursuant to this

act as part of a CO2 sequestration facility under which the pore

space of an approved reservoir is aggregated and communitized for

the purpose of injection and storage of CO2;

11. “Commission” means the Corporation Commission as

established by Section 15 of Article IX of the Oklahoma

Constitution;

12. “Common source of supply” shall have the same meaning as in

Section 86.1 of Title 52 of the Oklahoma Statutes;

13. “Department” means the Department of Environmental Quality

as established by Section 2-3-101 et seq. of this title;

14. “Enhanced oil or gas recovery” means the increased recovery

of hydrocarbons, including oil and gas, from a common source of

supply achieved by artificial means or by the application of energy

extrinsic to the common source of supply, such as pressuring,

cycling, pressure maintenance or injection of a substance or form of

energy, such as injection of water and/or carbon dioxide, including

immiscible and miscible floods; provided, that enhanced oil or gas

recovery shall not include injection of a substance or form of

energy for the sole purpose of either:

a. aiding in the lifting of fluids in the well, or

b. stimulation of the reservoir at or near the well by

mechanical, chemical, thermal or explosive means;

15. “Facility operator” means any person authorized by the

Corporation Commission to operate a CO2 sequestration facility,

including any person designated by the Commission to operate a CO2

storage unit as part of a CO2 sequestration facility authorized

under this act;

16. “Facility owner” means the person who owns the CO2

sequestration facility, and any cost-bearing owners in a CO2 storage

unit as part of a CO2 sequestration facility authorized under this

act;

17. “Gas” shall have the same meaning as in Section 86.1 of

Title 52 of the Oklahoma Statutes;

18. “Governmental entity” means any department, commission,

authority, council, board, bureau, committee, legislative body,

agency, beneficial public trust, or other establishment of the

executive, legislative or judicial branch of the United States, the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 373

State of Oklahoma, any other state in the United States, the

District of Columbia, the territories of the United States, and any

similar entity of any foreign country;

19. “Oil” shall have the same meaning as in Section 86.1 of

Title 52 of the Oklahoma Statutes;

20. “Person” means any individual, proprietorship, association,

firm, corporation, company, partnership, limited partnership,

limited liability company, joint venture, joint stock company,

syndicate, trust, organization, committee, club, governmental

entity, or other type of legal entity, or any group or combination

thereof either acting in concert or as a unit;

21. “Pore space” shall have the same meaning as in Section 6 of

Title 60 of the Oklahoma Statutes;

22. “Private operator” means any person that is either a

facility operator or an operator of a CO2 pipeline, but that is

neither a public utility nor a common carrier as such terms are

defined by the Oklahoma Statutes; and

23. “Reservoir” means any portion of a separate and distinct

geologic or subsurface sedimentary stratum, formation, aquifer,

cavity or void, whether naturally occurring or artificially created,

including an oil or gas formation, saline formation, or coal seam.
Okla. Stat. tit. 27A, § 27A-2-9-102 — OK Code / Title 27A / Section 27A-2-9-102
Definitions
Status: in_force

As used in the Radiation Management Act:

1. "Atomic energy" means all forms of energy released in the

course of nuclear fission or nuclear transformation;

2. "By-product material" means any radioactive material, except

special nuclear material, yielded in or made radioactive by exposure

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 217

to the ionizing radiation incident to the process of producing or

utilizing special nuclear materials;

3. "Production facility" means:

a. any equipment or device determined under authority of

the federal Atomic Energy Act of 1954, as amended, to

be capable of the production of special nuclear

material in such quantity as to be of significance to

the common defense and security, or in such manner as

to affect the health and safety of the public, or

b. any important component part especially designed for

such equipment or device;

4. "Special nuclear material" means:

a. plutonium, uranium 233, uranium enriched in the

isotope 233 or in the isotope 235, and any other

material which is determined to be special nuclear

material under authority of the federal Atomic Energy

Act of 1954, as amended, but does not include source

material, or

b. any material artificially enriched by any of the

foregoing, but does not include source material;

5. "Utilization facility" means:

a. any equipment or device, except an atomic or nuclear

weapon, as determined under authority of the federal

Atomic Energy Act of 1954, as amended, to be capable

of making use of special nuclear materials in such

quantity as to be of significance to the common

defense and security or in such manner as to affect

the health and safety of the public, or peculiarly

adapted for making use of atomic energy in such

quantity as to be of significance to the common

defense and security or in such manner as to affect

the health and safety of the public, or

b. any important component part especially designed for

such equipment or device;

6. "Ionizing radiation" means any electromagnetic or

particulate radiation capable of producing ions, directly or

indirectly, in its passage through matter, such as alpha particles,

beta particles, gamma rays, X-rays, neutrons, high-speed electrons,

high-speed protons, and other atomic particles, but not sound or

radio waves, or visible, infrared, or ultraviolet light;

7. "Nonionizing radiation" means radiation in any portion of

the electromagnetic spectrum not defined as ionizing radiation, and

at energy levels which may reasonably be expected to cause bodily

harm, including, but not limited to, emissions from such sources as

lasers, microwave and ultraviolet devices;

8. "Radiation" means ionizing and nonionizing radiation;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 218

9. "Source of radiation" means any radioactive material or any

instrument or material capable of producing or emitting radiation as

defined in the preceding paragraph;

10. "Radiation hazard" is any condition that could, with

reasonable expectation, result in harmful radiation exposure in such

manner as to affect the health and safety of the public and the

environment;

11. "Source material" means:

a. uranium or thorium, or any combination thereof, in any

physical or chemical form, or

b. ores which contain by weight one-twentieth of one

percent (1/20 of 1%) or more of uranium, thorium, or

any combination thereof.

Source material does not include special nuclear material;

12. "Diagnostic x-ray facility" means the use of an x-ray

system(s) by a facility in any procedure that involves irradiation

of any part of a human or animal body for the purpose of diagnosis;

13. "Electronic product radiation" means:

a. any ionizing or nonionizing electromagnetic or

particulate radiation, or

b. any sonic, infrasonic, or ultrasonic wave, which is

emitted from an electronic product as the result of

the operation of an electronic circuit in such

product; and

14. "Electronic product" means:

a. any manufactured or assembled product which, when in

operation:

(1) contains or acts as part of an electronic

circuit, and

(2) emits, or would emit in the absence of effective

shielding or other controls, electronic product

radiation, or

b. any manufactured or assembled article which is

intended for use as a component, part, or accessory of

a product described in subparagraph a of this

definition and which, when in operation, emits (or in

the absence of effective shielding would emit) such

radiation.
Okla. Stat. tit. 27A, § 27A-2-11-302 — OK Code / Title 27A / Section 27A-2-11-302
Purpose of act
Status: in_force

A. The Legislature hereby declares that it is necessary in the

public interest to prevent pollution through source reduction and

encourage and promote the recycling and reuse or source reduction of

hazardous waste by those manufacturing, service, and processing

industries within the state whose operations produce hazardous waste

and those companies engaged in the disposal of hazardous waste.

B. It is equally necessary that Oklahoma be made and kept an

attractive location for continued industrial development, including

the expansion of existing plants, thereby increasing employment and

payrolls and upgrading the state's natural resources, both of which

public purposes and objectives will simultaneously be aided and

encouraged by the Recycling, Reuse and Source Reduction Incentive

Act.
Okla. Stat. tit. 27A, § 27A-2250 — OK Code / Title 27A / Section 27A-2250
Emergency Drought Relief Fund
Status: in_force

There is hereby created in the State Treasury a fund to be known

as the "Emergency Drought Relief Fund". This fund shall be a

continuing fund, not subject to fiscal year limitations and shall

consist of all monies received by the fund from state

appropriations, gifts, grants, private donations or federal funding

for the purpose of providing funding for emergency drought relief

activities once a drought emergency has been declared.
Okla. Stat. tit. 27A, § 27A-3-3-502 — OK Code / Title 27A / Section 27A-3-3-502
Revolving fund
Status: in_force

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

fund for the Oklahoma Conservation Commission to be designated the

"Oklahoma Conservation Commission Municipal Infrastructure Cost-

Share Revolving Fund".

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

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

Oklahoma Conservation Commission in the form of gifts, grants,

reimbursements, donations, industry contributions, state

appropriations, funds allocated by federal agencies for cost-share

programs and such other monies specifically designated for the

Oklahoma Conservation Commission Municipal Infrastructure Cost-Share

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

appropriated and may be budgeted and expended by the Commission for

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 364

the Municipal Infrastructure Conservation Cost-Share Program; and

interest attributable to investment of money in the Oklahoma

Conservation Commission Municipal Infrastructure Cost-Share

Revolving Fund.

C. All donations or other proceeds received by the Commission

pursuant to the provisions of this section shall be deposited with

the State Treasurer to be credited to the Oklahoma Conservation

Commission Municipal Infrastructure Cost-Share Revolving Fund.

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.

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

appropriated and may be budgeted and expended by the Oklahoma

Conservation Commission for the purpose of matching municipal or

rural water district funds for the rehabilitation of watershed dams

and for the Conservation Cost-Share Program and the Conservation

Reserve Enhancement Program pursuant to the Oklahoma Conservation

Commission Municipal Infrastructure Cost-Share Program.

E. 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.

F. No more than five percent (5%) of the monies in the fund

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

any other continuing obligation of the Oklahoma Conservation

Commission.
Okla. Stat. tit. 27A, § 27A-2-11-413 — OK Code / Title 27A / Section 27A-2-11-413
Renumbered as § 2-11-401.7 of this title by Laws 2005, c. 230, § 14, eff. July 1, 2005. .. 287
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 72005, c. 230, § 14, eff. July 1, 2005.
Okla. Stat. tit. 27A, § 27A-3-1-103 — OK Code / Title 27A / Section 27A-3-1-103
Definitions
Status: in_force

As used in the Conservation District Act:

1. "District" or "conservation district" means a governmental

subdivision of this state, and a public body corporate and politic,

organized in accordance with the provisions of the Conservation

District Act, for the purposes, with the powers, and subject to the

restrictions hereinafter set forth;

2. "Director" means a member of the governing body of a

conservation district, elected or appointed in accordance with the

provisions of the Conservation District Act;

3. "Commission" means the Oklahoma Conservation Commission;

4. "State" means the State of Oklahoma;

5. "Agency of this state" includes the government of this state

and any subdivision, agency or instrumentality, corporate or

otherwise, of the government of this state;

6. "United States" or "agencies of the United States" includes

the United States of America, and any department, agency or

instrumentality of the federal government;

7. "Government" or "governmental" includes the government of

this state, the government of the United States, and any

subdivision, agency or instrumentality, corporate or otherwise, of

either of them;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 332

8. "Due notice" which shall be in conformance with the

Administrative Procedures Act means notice published at least twice,

with an interval of at least seven (7) days between the two

publication dates, in a newspaper or other publication of general

circulation within the district, or, if no such publication of

general circulation is available, by posting at five conspicuous

places within the district, such posting to include, where possible,

posting at public places where it may be customary to post notices

concerning county or municipal affairs generally. At any hearing

held pursuant to such notice, at the time and place designated in

such notice, adjournment may be made from time to time without the

necessity of renewing such notice for such adjourned dates;

9. "District cooperator" means any person that has entered into

a cooperative agreement with a conservation district for the purpose

of protecting, conserving and practicing wise use of the renewable

natural resources under his or her control;

10. "Renewable natural resources", "natural resources" or

"resources" include land, soil, water, vegetation, trees, natural

beauty, scenery and open space;

11. "Conservation" includes conservation, development,

improvement, maintenance, preservation, protection and wise use of

land, water and related natural resources; the control and

prevention of floodwater and sediment damages; and the disposal of

excess surface waters;

12. "Cost-Share program" means the assumption by the state of a

proportional share of the cost of installing conservation

structures, conservation practices or best management practices on

lands for public and environmental benefits;

13. "Best management practices" means a control method or

combination of control methods that is determined to be the most

effective and practicable means of preventing soil loss from erosion

or reducing the amount of nonpoint source pollution from a given

land use;

14. "Nonpoint source" shall have the same meaning as such word

is defined by the Oklahoma Environmental Quality Act;

15. "Pollution" shall have the same meaning as such word is

defined by the Oklahoma Environmental Quality Act;

16. "Nonpoint source working group" means an advisory group

established by the Conservation Commission to provide input into the

state's nonpoint source management and assessment program and is

open to federal, state and local environmental agencies and natural

resource agencies and other interested groups;

17. "Watershed" means an area of land that drains to a given

point;

18. "Blue Thumb Program" means a nonpoint source educational

program emphasizing water quality education, including volunteer

monitoring;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 333

19. "Soil science" means the science which:

a. is the study of physical, chemical, and biological

processes taking place in both naturally occurring and

reconstructed unconsolidated material formed by the

alteration of parent rock due to exposure at the

earth's surface, and

b. includes sampling, measuring, identification,

characterization, classification, and mapping of soil

materials and migration of water solute, air and other

gaseous components in the unsaturated portion of the

earth; and

20. "Soil scientist" means a person who:

a. has earned a baccalaureate or higher degree in a field

of soil science from an institution of higher

education which is accredited by a regional or

national accrediting agency, with a minimum of thirty

(30) semester hours or forty-five (45) quarter hours

of undergraduate work in a field of biological,

physical, or earth science with a minimum of fifteen

(15) semester hours of core soil science courses, and

b. has a specific and continuous record of related and

verifiable soil science work experience for two (2)

years. Publications in a soil science publication or

prior qualifications as an expert witness in

administrative or judicial proceeding, hearing or

trial shall be prima facie verification of experience

related to soil science.
Okla. Stat. tit. 27A, § 27A-4-2-102 — OK Code / Title 27A / Section 27A-4-2-102
Oklahoma Hazardous Materials Emergency Response Commission - Membership -
Status: in_force

Terms - Filling unexpired term - Powers and duties - Responsibilities, powers and duties of memberCommission - Membership - Terms - Filling unexpired term - Powers

and duties - Responsibilities, powers and duties of member agencies

- Violations and penalties.

A. For purposes of implementing the provisions of Title III of

the federal Superfund Amendments and Reauthorization Act of 1986,

the Governor shall appoint or designate the members of the Oklahoma

Hazardous Materials Emergency Response Commission.

B. The Oklahoma Hazardous Materials Emergency Response

Commission, shall include at a minimum:

1. The Secretary of Safety and Security or designee;

2. The Commissioner of the Department of Public Safety or

designee;

3. The State Fire Marshal or designee;

4. The Executive Director of the Department of Environmental

Quality or designee;

5. The Director of the Department of Civil Emergency Management

or designee;

6. One member representing the response community for a term of

three (3) years; and

7. One member representing regulated industries for a three-

year term, except the initial appointment shall only be for a two-

year term.

C. An appointment shall be made by the Governor within ninety

(90) days after the expiration of the term of any member due to

resignation, death, or any cause resulting in an unexpired term. If

no appointment is made within that ninety-day period, the Commission

may appoint a provisional member to serve in the interim until the

Governor acts.

D. The Commission shall have the power and duty to:

1. Appoint a chairman and vice-chairman;

2. Execute a Memorandum of Understanding subject to the

Administrative Procedures Act with each member agency to designate

responsibilities and conduct studies;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 399

3. Require reports or plans from member agencies;

4. Advise, consult and coordinate with other agencies of the

state and federal government;

5. Ensure that the State of Oklahoma remains in compliance with

the requirements of Title III of the Superfund Amendments and

Reauthorization Act;

6. Coordinate administrative penalties;

7. Coordinate development of annual budgets for each member

agency's respective costs for administration and implementation of

its responsibilities pursuant to the Oklahoma Hazardous Materials

Planning and Notification Act; and

8. Coordinate with the local emergency planning committees.

E. On behalf of the Oklahoma Hazardous Materials Emergency

Response Commission, member agencies shall have the following

responsibilities:

1. The Oklahoma Department of Environmental Quality shall:

a. provide administrative support to the Oklahoma

Hazardous Materials Emergency Response Commission,

b. review the activities of the local emergency planning

committees, and serve as liaison between the Oklahoma

Hazardous Materials Emergency Response Commission, the

local emergency planning committees, and federal

agencies, except as related to training funds from the

federal emergency management agency,

c. administer a notification program pursuant to federal

requirements for emergency releases of extremely

hazardous substances and hazardous substances as

identified by the federal Environmental Protection

Agency. Notification shall include immediate notice

of the release and written follow-up notice of

response actions taken, risk analyses, and advice

concerning medical treatment for exposure, and shall

include releases from facilities subject to Title III

of the Superfund Amendments and Reauthorization Act.

The notification requirements shall be in addition to

those required by other agencies,

d. administer and enforce the reporting requirements of

Title III of the Superfund Amendments and

Reauthorization Act pertaining to emergency planning

notification, material safety data sheets, chemical

lists, emergency and hazardous chemical inventory

forms, and toxic chemical release forms,

e. serve as the industrial liaison and the repository for

required information,

f. perform such environmental services as are necessary

to validate required reports, and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 400

g. receive and respond to requests for information under

the Oklahoma Open Records Act;

2. The Oklahoma Department of Civil Emergency Management shall:

a. administer and enforce the planning requirements of

Title III of the Superfund Amendments and

Reauthorization Act of 1986,

b. receive and review emergency plans submitted by local

emergency planning committees, make recommendations on

revisions to the plans for coordination purposes, and

facilitate the training for and the implementation of

the plans, and

c. facilitate emergency training programs for local

emergency planning committees.

F. Each member agency of the Oklahoma Hazardous Materials

Emergency Response Commission shall have the power and duty,

relative to its respective Commission responsibilities, to:

1. Require reports and plans;

2. Prescribe rules and regulations consistent with Title III of

the Superfund Amendments and Reauthorization Act. Any rule or

regulation promulgated by any member agency pursuant to the Oklahoma

Hazardous Materials Planning and Notification Act shall not be more

stringent than any federal act;

3. Adopt federal rules. Any rule or regulation promulgated by

any member agency pursuant to the provisions of the Oklahoma

Hazardous Materials Planning and Notification Act shall not be more

stringent than any such federal rules;

4. Cause investigations, inquiries and inspections;

5. Prescribe penalties;

6. Assess administrative penalties;

7. Cause prosecution;

8. Accept, use, disburse and administer grants, allotments,

gifts, devises for the purposes of facilitating emergency response

performance in the state;

9. Provide public information as requested regarding emergency

response implementation in the state; and

10. Work with other agencies where applicable, to eliminate

redundancy in the reporting requirements of the various state,

federal and local agencies enforcing hazardous materials handling,

storage, spills and training.

G. Any person violating any provision of the Oklahoma Hazardous

Materials Planning and Notification Act shall be deemed guilty of a

misdemeanor, and upon conviction thereof, shall be punishable by a

fine of not more than Ten Thousand Dollars ($10,000.00), or by

imprisonment for not more than one (1) year, or by both such fine

and imprisonment.

H. The Oklahoma Hazardous Materials Emergency Response

Commission shall:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 401

1. Designate emergency planning districts to facilitate

preparation and implementation of emergency plans; and

2. Appoint members of a local emergency planning committee for

each emergency planning district.
Okla. Stat. tit. 27A, § 27A-2003 — OK Code / Title 27A / Section 27A-2003
Motor oil retailers - Signs
Status: in_force

Any person offering motor oil for sale to end-use consumers

shall post and maintain a sign at or near the point of display or

sale to inform the public of the location of the nearest used oil

collection center.
Okla. Stat. tit. 27A, § 27A-3-4-103 — OK Code / Title 27A / Section 27A-3-4-103
Acceptance of public and private funds
Status: in_force

The Oklahoma Conservation Commission may apply for and accept

grants, gifts, or other sources of public and private funds to carry

out the purposes of the Oklahoma Carbon Sequestration Enhancement

Act.
Okla. Stat. tit. 27A, § 27A-2-7-109 — OK Code / Title 27A / Section 27A-2-7-109
Limitation on persons eligible for issuance, renewal
Status: in_force

or transfer of permit - Disclosure of information - Applicability.

A. In order to protect the public health and safety and the

environment of this state, the Department, pursuant to the Oklahoma

Hazardous Waste Management Act, shall not issue, renew, or transfer

a permit for a hazardous waste facility for treatment, storage,

recycling or disposal to any person who:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 172

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to the generation, storage,

transportation, treatment, recycling or disposal of "hazardous

waste", as such term is defined by the Oklahoma Hazardous Waste

Management Act, or by the United States Environmental Protection

Agency pursuant to the federal Resource Conservation and Recovery

Act;

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment; or

3. Has as an affiliated person any person who is described by

paragraph 1 or 2 of this subsection.

B. 1. Except as provided in paragraph 2 of this subsection,

all applicants for the issuance, renewal or transfer of any

hazardous waste permit, license, certification or operational

authority issued by the Department shall file a disclosure statement

with their applications.

2. If the applicant is a publicly held company required to file

periodic reports under the Securities and Exchange Act of 1934, or a

wholly owned subsidiary of a publicly held company, the applicant

shall not be required to submit a disclosure statement, but shall

submit the most recent annual and quarterly reports required by the

Securities and Exchange Commission, which provide information

regarding legal proceedings in which the applicant has been

involved. The applicant shall submit such other relevant

information as the Department may require that relates to the

competency, reliability, or responsibility of the applicant and

affiliated persons.

C. The Department is authorized to revoke, or to refuse to

issue, to renew, or to transfer a permit for a hazardous waste

facility for treatment, storage, recycling or disposal to any person

who:

1. Is not, due solely to the actions or inactions of the

applicant or affiliated person, in substantial compliance with any

final agency order or final order or judgment of a court of record

secured by the Department issued pursuant to the provisions of the

Oklahoma Hazardous Waste Management Act;

2. Is not, due solely to the actions or inactions of the

applicant or affiliated person, in substantial compliance with any

final agency order or final order or judgment of a court of record

secured by any state or federal agency, as determined by that

agency, relating to the generation, storage, transportation,

treatment, recycling or disposal of any "hazardous waste", as such

term is defined by the Oklahoma Hazardous Waste Management Act, or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 173

by the United States Environmental Protection Agency pursuant to the

federal Resource Conservation and Recovery Act;

3. Has evidenced a history of a reckless disregard for the

protection of the public health and safety or the environment

through a history of noncompliance with state or federal

environmental laws, including without limitation the rules of the

Department or the United States Environmental Protection Agency

regarding the generation, storage, transportation, treatment,

recycling or disposal of any "hazardous waste", as such term is

defined by the Oklahoma Hazardous Waste Management Act, or by the

United States Environmental Protection Agency pursuant to the

federal Resource Conservation and Recovery Act; or

4. Has as an affiliated person any person who is described by

paragraphs 1, 2 or 3 of this subsection.

D. 1. An application for a permit for a hazardous waste

facility for treatment, storage, recycling or disposal or a renewal

thereof shall be signed under oath by the applicant.

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

revoke, a permit issued pursuant to the Oklahoma Hazardous Waste

Management Act for a hazardous waste facility for treatment,

storage, recycling or disposal to any person who has failed to

disclose or states falsely any information required pursuant to the

provisions of this section. Any person who willfully fails to

disclose or states falsely any such information, upon conviction,

shall be guilty of a Class D1 felony offense and may be punished by

imprisonment for not more than five (5) years or fined not more than

One Hundred Thousand Dollars ($100,000.00), or both such fine and

imprisonment.

E. Noncompliance with a final agency order or final order or

judgment of a court of record which has been set aside by a court on

appeal of such final order or judgment shall not be considered a

final order or judgment for the purposes of this section.

F. The Board shall promulgate rules pursuant to the

Administrative Procedures Act as may be necessary and appropriate to

implement the provisions of this section.

G. The provisions of this section shall apply to:

1. Any pending or future application for a permit for land

disposal or treatment of hazardous waste, except treatment at a

facility accepting hazardous waste exclusively for the purpose of

conducting research and design tests; and

2. Any application for a permit for hazardous waste treatment,

storage, recycling or disposal which is initially submitted to the

Department after July 31, 1992, or which has not been determined by

the Department to be technically complete by December 31, 1993,

regardless of the initial submittal date.
Okla. Stat. tit. 27A, § 27A-2 — OK Code / Title 27A / Section 27A-2
Renumbered as § 1-1-102 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-3-2-109 — OK Code / Title 27A / Section 27A-3-2-109
Concentrated Animal Feeding Operation Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Conservation Commission, to be designated the

"Concentrated Animal Feeding Operation Revolving Fund". The fund

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

and shall consist of cost-share monies received by the Commission

from the Concentrated Animal Feeding Operation Program. All monies

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

be budgeted and expended by the Commission for the general operation

of the Commission. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 27A, § 27A-2-6-102 — OK Code / Title 27A / Section 27A-2-6-102
Declaration of policy
Status: in_force

Whereas the pollution of the waters of this state constitutes a

menace to public health and welfare, creates public nuisances, is

harmful to wildlife, fish and aquatic life, and impairs domestic,

agricultural, industrial, recreational and other legitimate

beneficial uses of water, and whereas the problem of water pollution

of this state is closely related to the problem of water pollution

in adjoining states, it is hereby declared to be the public policy

of this state to conserve the waters of the state and to protect,

maintain and improve the quality thereof for public water supplies,

for the propagation of wildlife, fish and aquatic life and for

domestic, agricultural, industrial, recreational and other

legitimate beneficial uses; to provide that no waste or pollutant be

discharged into any waters of the state or otherwise placed in a

location likely to affect such waters without first being given the

degree of treatment or taking such other measures as necessary to

protect the legitimate beneficial uses of such waters; to provide

for the prevention, abatement and control of new or existing water

pollution; and to cooperate with other agencies of this state,

agencies of other states and the federal government in carrying out

these objectives.
Okla. Stat. tit. 27A, § 27A-2-3-201 — OK Code / Title 27A / Section 27A-2-3-201
Executive Director - Appointment - Qualifications -
Status: in_force

Power, duties and responsibilities.

A. The Environmental Quality Board shall appoint the Executive

Director of the Department of Environmental Quality. The Executive

Director shall serve at the pleasure of the Board.

B. The Executive Director shall have experience in industry,

conservation, environmental sciences or such other areas as may be

required by the Environmental Quality Board.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 78

C. The Executive Director shall provide for the administration

of the Department and shall:

1. Be the executive officer and supervise the activities of the

Department of Environmental Quality;

2. Employ, discharge, appoint or contract with, and fix the

duties and compensation of such assistants, attorneys, chemists,

geologists, environmental professionals, medical professionals,

engineers, sanitarians, administrative, clerical and technical,

investigators, aides and such other personnel, either on a full-

time, part-time, fee or contractual basis, as in his judgment and

discretion shall be deemed necessary, expedient, convenient or

appropriate to the performance or carrying out of any of the

purposes, objectives, responsibilities or statutory provisions

relating to the Department of Environmental Quality, or to assist

the Executive Director in the performance of his official duties and

functions;

3. Establish internal policies and procedures for the proper

and efficient administration of the Department; and

4. Exercise all incidental powers which are necessary and

proper to implement the purposes of the Department pursuant to this

Code.

D. The Executive Director shall not be an owner, stockholder,

employee or officer of, nor have any other business relationship

with or receive compensation from, any corporation, partnership, or

other business or entity which is subject to regulation by the

Department of Environmental Quality and, with regard to the exercise

of powers and duties associated with the Oklahoma Pollutant

Discharge Elimination System Act, shall meet all requirements of

Section 304 of the Clean Water Act and applicable federal

regulations promulgated thereunder by the United States

Environmental Protection Agency regarding conflict of interest.

E. 1. In addition to the powers and duties specified in

subsection D of this section, the Executive Director shall have the

power and duty to:

a. issue, deny, modify, amend, renew, refuse to renew,

suspend, reinstate or revoke licenses or permits

pursuant to the provisions of this Code, and rules

promulgated by the Board, and

b. issue final orders and assess administrative penalties

according to the Administrative Procedures Act, this

Code and rules promulgated by the Board.

2. The powers and duties specified in paragraph 1 of this

subsection shall be exercised exclusively by the Executive Director

and may not be delegated to other employees of the Department except

as specifically provided in this Code.

3. In the event of the Executive Director's temporary absence,

the Executive Director may delegate the exercise of such powers and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 79

duties to an acting director during the Executive Director's absence

subject to an organizational structure approved by the Board. In

the event of a vacancy in the position of Executive Director, the

Board may designate an interim or acting Executive Director who is

authorized to exercise such powers and duties until a permanent

Executive Director is employed.

4. Any designee exercising such powers and duties of the

Executive Director as authorized or on a temporary, acting or

interim basis shall meet the requirements of subsection D of this

section for the Executive Director.

5. All references in this Code to the Department with respect

to the exercise of the powers and duties specified in paragraph 1 of

this subsection shall mean the exercise of such powers and duties by

the Executive Director or his authorized designee.
Okla. Stat. tit. 27A, § 27A-2001 — OK Code / Title 27A / Section 27A-2001
Short title
Status: in_force

Sections 1 through 3 of this act shall be known and may be cited

as the "Oklahoma Lead-Acid Battery and Used Motor Oil Recycling

Act".
Okla. Stat. tit. 27A, § 27A-2-7-406 — OK Code / Title 27A / Section 27A-2-7-406
Applicability - Exceptions
Status: in_force

A. The provisions of the Oklahoma Highway Remediation and

Cleanup Services Act shall not apply to discharges or spills from

rail transportation, vehicles or cargo at locations including, but

not limited to, highway, street or road intersections or other

locations involving railroad tracks.

B. The provisions of the Oklahoma Highway Remediation and

Cleanup Services Act shall not apply to discharges or spills from

vehicles, cargo or electrical equipment under the control of an

electric utility.
Okla. Stat. tit. 27A, § 27A-3-3-114 — OK Code / Title 27A / Section 27A-3-3-114
Purpose - Rules - Definition
Status: reserved

A. The Oklahoma Conservation Commission is hereby authorized to

establish and administer a conservation cost-share program as funds

become available. The conservation cost-share program shall provide

monies to eligible persons for the purpose of implementing

conservation or best management practices on such eligible land as

described in conservation management plans according to rules

promulgated by the Commission.

B. The Commission shall promulgate rules governing the cost-

share program.

C. To implement the program, the Commission shall require

conservation districts to enter into contracts for eligible projects

on eligible land detailing the eligible person's responsibilities.

D. For purposes of the conservation cost-share program:

1. "Eligible person" means any individual, partnership,

corporation, legally recognized Indian tribe, estate, or trust who

as an owner, lessee, tenant, or operator participates in the care

and/or management of land within a conservation district;

2. "Eligible land" means:

a. privately owned land within the state,

b. land owned by the state or a political subdivision of

the state,

c. land owned by corporations which are partly owned by

the United States,

d. land temporarily owned by the United States or a

corporation wholly owned by it, which were not

acquired or reserved for conservation purposes,

including lands administered by the Farm Service

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 355

Agency, the U.S. Department of Defense, or by any

other government agency,

e. any cropland farmed by private persons which is owned

by the United States or a corporation wholly owned by

it, and

f. noncropland owned by the United States on which

practices are performed by private persons where such

practices directly conserve or benefit nearby or

adjoining privately owned lands of the persons

performing the practices and such persons maintain and

use such federally owned noncropland under agreement

with the federal agency having jurisdiction thereof;

and

3. "Eligible projects" means conservation practices determined

to be needed by a conservation district to:

a. improve or protect water quality,

b. reduce soil erosion,

c. accomplish both the objectives described in

subparagraphs a and b of this paragraph, or

d. reduce feral swine population by use of electronic hog

traps.
Okla. Stat. tit. 27A, § 27A-3-5-107 — OK Code / Title 27A / Section 27A-3-5-107
Jurisdiction to create a carbon dioxide storage unit
Status: in_force

— Application — Notice — Findings — Order.

A. The Corporation Commission, upon filing of an appropriate

application and following notice and hearing regarding the

application, shall have the jurisdiction to create a CO storage unit

2

as part of a CO sequestration facility and order the aggregation and

2

communitization of the pore space within an approved reservoir in

designated tracts of land for the injection and storage of CO in

2

such approved reservoir.

B. An application to create a CO storage unit may be filed by a

2

party owning the rights to inject and store CO in the pore space of

2

the approved reservoir in at least sixty-three percent (63%) of the

tracts of land to be included in the CO storage unit based on the

2

surface acres of such unit. The application shall include:

1. A map or plat of the tracts of land to be included in the

proposed CO storage unit; and

2

2. A plan of operations for such proposed CO storage unit,

2

which shall include, but not be limited to, an accounting procedure,

the method, formula, or other basis by which the benefits of the CO

2

storage unit shall be shared, and the procedures to be followed for

invoicing and paying the costs of the CO storage unit.

2

C. Notice of an application to create a CO storage unit shall

2

be served, at least fifteen (15) days prior to the hearing on the

merits of such application, by personal service or by mail, return

receipt requested, on:

1. All owners of the right to inject and store CO in the pore

2

space of the approved reservoir underlying the tracts of land to be

included in the CO storage unit;

2

2. All owners of the surface of such tracts of land to be

included in the CO storage unit; and

2

3. All owners of oil and gas working interests in the mineral

estate in such approved reservoir underlying such tracts of land to

be included in the CO storage unit, including mineral owners in such

2

approved reservoir in such tracts of land who have retained and have

not conveyed away their working interests under any oil and gas

leases, pooling orders, or otherwise.

An affidavit of service or mailing showing that the above-

described notice has been completed shall be filed with the

Commission prior to a hearing on the merits of the application to

create the CO storage unit.

2

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 377

D. Notice of an application to create a CO storage unit shall

2

be published two times, with one such publication being at least

thirty (30) days prior to the hearing on the merits of such

application and the second such publication being at least fifteen

(15) days prior to such hearing, in a newspaper of general

circulation published in Oklahoma County and in a newspaper of

general circulation published in the county or counties in which the

CO storage unit is to be located. Proof of publication showing that

2

the above-described notice has been properly published shall be

filed with the Commission prior to a hearing on the merits of the

application to create the CO storage unit.

2

E. In creating a CO storage unit, the Commission shall find and

2

determine:

1. That the applicant has the required percentage ownership of

the right to inject and store CO in the pore space of the approved

2

reservoir in the tracts of land to be included in the CO storage

2

unit;

2. That the pore space in the approved reservoir in the tracts

of land to be included in the CO storage unit is of such a nature or

2

character that CO may be effectively, efficiently, and safely

2

injected into and stored in such pore space;

3. That the injected CO will be confined to the pore space of

2

such approved reservoir in the tracts of land to be included in the

CO storage unit and that the CO injected into and stored in the

2 2

pore space of such approved reservoir in such tracts of land will

not escape and enter any other geologic interval or lands outside of

the CO storage unit;

2

4. That the injection and storage of CO in the pore space of

2

such approved reservoir in the tracts of land to be included in the

CO storage unit will not adversely affect any existing oil and gas

2

production from any reservoir;

5. That the injection and storage of CO in the pore space of

2

such approved reservoir in the tracts of land to be included in the

CO storage unit will not adversely affect or prohibit any potential

2

future oil or gas production from such approved reservoir within the

tracts of land included in the CO storage unit;

2

6. That the area to be included in the CO storage unit is of

2

sufficient size and shape to contain and hold all of the CO

2

anticipated to be injected into and stored in the CO storage unit,

2

taking into account the extent of the plume which will be created by

such injection;

7. That the proposed operations of the CO storage unit will be

2

such as to safely handle, receive, process, compress, inject,

confine, and store in such approved reservoir in the tracts of land

to be included in the CO storage unit;

2

8. That the operator of the CO storage unit is qualified to

2

create, maintain, and conduct operations in such unit; and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 378

9. That the proposed plan of operations is reasonable and

adequate for the operation of the CO storage unit.

2

F. The Commission order creating the CO storage unit shall

2

provide any owner of the right to inject and store CO in the pore

2

space of the approved reservoir in the tracts of land included in

such unit the following:

1. The right to be a cost-bearing owner who participates in the

costs of and the benefits from such storage unit. The costs of the

CO storage unit to be borne by a party electing to be a cost-bearing

2

owner in such unit shall include all the actual, necessary, and

reasonable costs of creating, equipping, maintaining, and operating

the CO storage unit. The Commission shall make provisions for the

2

payment of such costs of the CO storage unit by the owners of the

2

right to inject and store in such CO storage unit. Such costs shall

2

not include any costs of capturing or transporting the CO that is

2

injected into and stored in the CO storage unit, including the costs

2

of any CO capture and compression equipment, CO pipelines

2 2

transporting the CO to such CO storage unit, or any other equipment

2 2

or pipelines used in connection with such capture or transportation;

or

2. The right to receive the fair market value for such owner’s

right to use such pore space for the injection and storage of CO ,

2

including the fee for the injection and storage of CO in such CO

2 2

storage unit. The fair market value of the right to inject and

store CO in the pore space of such approved reservoir shall be

2

determined by the Commission, based on all relevant evidence

presented by the parties as to such fair market value, including,

but not limited to, arm’s length consummated transactions involving

the transfer of the right to use pore space for the injection and

storage of CO , taking into account any differences in the

2

circumstances involved in any such consummated transaction, and the

specific circumstances involved in the proposed CO storage unit.

2

The Commission shall make provisions for payment of the amounts

set forth above to the owners of the right to inject and store CO in

2

the pore space of the approved reservoir who elect or are deemed to

elect not to be cost-bearing owners in such CO storage unit. Any

2

owner of the right to inject and store CO in the pore space of the

2

approved reservoir who elects or is deemed to elect not to be a

cost-bearing owner in the CO storage unit shall relinquish by

2

operation of law under the order creating the CO storage unit the

2

right to inject and store CO in the pore space in the approved

2

reservoir in the CO storage unit.

2

G. The Commission order creating the CO storage unit shall

2

establish:

1. The CO storage unit by defining and specifically describing

2

the approved reservoir and the tracts of land included in the unit;

2. The operator of the CO storage unit;

2

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 379

3. The plan of operations for the CO storage unit;

2

4. The options to be granted to an owner of the right to use

the pore space in the approved reservoir to inject and store CO as

2

prescribed in subsection F of this section;

5. The estimated costs of creating, equipping, maintaining, and

operating the CO storage unit and the provisions for the payment of

2

such costs;

6. The procedures and safeguards to be followed for any owner

of oil and gas rights to drill through the CO storage unit for the

2

purpose of producing oil or gas from another geologic interval;

7. Any other procedures or safeguards that may be deemed

necessary to ensure the safe operation of the CO storage unit; and

2

8. The provisions for the termination of such CO storage unit,

2

including the obligations concerning the plugging of any wells used

in connection with such unit and the remediation or restoration of

the surface of the lands used in the operation of such unit.

H. Upon creation of a CO storage unit, the operator of the CO

2 2

storage unit may inject a CO stream into and store CO in the

2 2

approved reservoir in the tracts of land included in such unit.

Operation on any part of the CO storage unit shall be considered

2

operation on each separate tract of land in such CO storage unit.

2

I. On and after the effective date of a Commission order

creating a CO storage unit, operation of any well injecting CO into

2 2

the approved reservoir in the tracts of land included in such unit

shall be unlawful except as authorized by the order and plan of

operations for such unit. Notice of the creation of the CO storage

2

unit shall be placed of record in each county in which the unit is

located.

J. Upon creation of a CO storage unit, the Commission shall

2

retain jurisdiction over the unit, including the plan of operations

for the unit and the designation of the operator. Nothing in this

subsection shall preclude or impair the right of any affected party

to obtain through the district courts of this state any remedy or

relief available at law or in equity for injuries or damages

resulting from operation of a CO storage unit.

2

K. 1. The Commission, upon the filing of a proper application,

may enlarge or reduce a CO storage unit. The application for

2

enlargement or reduction of the CO storage unit shall set forth the

2

reasons for such enlargement or reduction. An operator who seeks to

enlarge or reduce a CO storage unit shall comply with the minimum

2

ownership requirements established in subsection B of this section

as applied to all the tracts of land to be included in the proposed

enlarged unit or reduced unit, whichever is applicable. Notice of

an application to reduce a CO storage unit shall be given to the

2

owners of the right to inject and store CO in the pore space of the

2

approved reservoir in the unit.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 380

2. Notice of an application to enlarge a CO storage unit shall

2

be given to:

a. the owners of the right to inject and store CO in the

2

pore space of the approved reservoir in the CO storage

2

unit and in the additional pore space underlying the

tracts of land to be added to such unit,

b. the owners of oil and gas working interests in the

mineral estate in the additional pore space to be

added to the unit, including mineral owners in the

additional pore space who have retained and have not

conveyed away their working interests under any oil

and gas leases, pooling orders or otherwise, and

c. the owners of the surface of the additional tracts of

land to be added to the unit. Notice of the

application to enlarge or reduce a CO storage unit

2

shall be served and published in the same manner with

the same time periods as set forth in connection with

the application to create a CO storage unit.

2

L. Subject to the provisions of Section 10 of this act, the CO

2

injected into and stored in the pore space of the approved reservoir

in a CO storage unit shall be the property of the cost-bearing

2

owners in such unit. However, upon termination of a CO storage

2

unit, the CO injected into the pore space of the approved reservoir

2

of the CO storage unit may remain in such pore space and need not be

2

removed.

M. The Commission may promulgate rules to effectuate the

provisions of this section.

N. Any party aggrieved by any order or determination of the

Commission made pursuant to this section may appeal the order or

determination to the Supreme Court in the same manner as provided in

Section 113 of Title 52 of the Oklahoma Statutes and any other

applicable statutes relating to appeals of orders by the Commission.
Okla. Stat. tit. 27A, § 27A-2-11-502 — OK Code / Title 27A / Section 27A-2-11-502
Plastic bottles or containers - Definitions
Status: in_force

For the purposes of the Plastic Container Labeling Act:

1. "Board" means the Environmental Quality Board;

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

3. "Label" means a molded, imprinted or raised symbol on or

near the bottom of a plastic container or bottle;

4. "Person" means an individual, sole proprietor, partnership,

association, corporation or other legal entity;

5. "Plastic" means any material made of polymeric organic

compounds and additives that can be shaped by flow;

6. "Plastic bottle" means a plastic container intended for

single use that has a neck that is smaller than the body of the

container, accepts a screw-type, snap cap or other closure and has a

capacity of sixteen (16) fluid ounces or more, but less than five

(5) gallons; and

7. "Rigid plastic container" means any formed or molded

container, other than a bottle, intended for single use, composed

predominantly of plastic resin, and having a relatively inflexible

finite shape or form with a capacity of eight (8) ounces or more but

less than five (5) gallons.
Okla. Stat. tit. 27A, § 27A-2-6-103.2 — OK Code / Title 27A / Section 27A-2-6-103.2
Classification of water uses - Oklahoma Water
Status: in_force

Quality Standards.

A. 1. In order to effectuate a comprehensive program to assist

in the prevention, control and abatement of pollution of the waters

of this state, and in order to establish state standards which

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 123

comply with the Federal Water Pollution Control Act as amended, the

Department of Environmental Quality is authorized to promulgate

rules to be known as “Oklahoma Water Quality Standards” which

establish classifications of uses of waters of the state, criteria

to maintain and protect such classifications, and other standards or

policies pertaining to the quality of such waters.

2. The Oklahoma Water Quality Standards shall, at a minimum, be

designed to maintain and protect the quality of the waters of the

state.

3. Wherever the Department finds it is practical and in the

public interest to do so, the rules may be amended to upgrade and

improve progressively the quality of waters of the state.

4. a. The Department may also amend Oklahoma Water Quality

Standards to downgrade a designated use of any waters

of this state which is not an existing use, may

establish subcategories of a use or may provide for

less stringent criteria or other provisions thereof

only in those limited circumstances permissible under

the Federal Water Pollution Control Act as amended or

federal rules which implement the act.

b. The Department may amend the Oklahoma Water Quality

Standards to downgrade a designated use, establish

subcategories of a use or may provide for less

stringent criteria or other provisions thereof only to

the extent as will maintain or improve the existing

uses and the water quality of the water affected;

provided, however, the Department shall not modify the

Oklahoma Water Quality Standards applicable to scenic

river areas as such areas are described by Section

896.5 of this title, to downgrade a designated use,

establish a subcategory of a use or provide for less

stringent criteria or other provisions thereof.

5. The Department shall propose any necessary rules to allow

for the development of nutrient trading programs by state

environmental agencies no later than November 1, 2026.

B. 1. Prior to adopting such standards or any amendment

thereof, the Department shall conduct public hearings thereon.

Notice of such hearing shall be published in accordance with the

Administrative Procedures Act and shall be mailed at least twenty

(20) days before such public hearing to the chief executive of each

municipality and county in the area affected and shall be mailed to

all affected holders of permits obtained pursuant to the Oklahoma

Environmental Quality Code, and such other persons that have

requested notice of hearings on such standard modifications.

2. If adoption or amendment of a classification to a lower or

downgraded classification is proposed because treatment controls

required of the current or a higher or upgraded classification would

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 124

result in substantial and widespread social and economic impact, the

Department shall, in addition to any hearing required by subsection

B of this section, conduct a public meeting within a central

location within the area to be affected. The Department shall cause

notice of such additional public meeting to be published for at

least two (2) consecutive weeks in a newspaper of general

circulation published in the county or counties in the area

affected.

C. 1. The Oklahoma Water Quality Standards, their accompanying

use support assessment protocols, anti-degradation 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, except for

variances and site-specific criteria adopted by the Department of

Environmental Quality pursuant to paragraph 18 of subsection B of

Section 1-3-101 of Title 27A of the Oklahoma Statutes, or any

modification or change thereof shall be promulgated by the

Department in compliance with the Administrative Procedures Act and

shall be enforced by all state agencies within the scope of their

jurisdiction. All use support assessment protocols promulgated by

the Department shall be consistent with state and federal law and

guidance specifically related to beneficial use support

determinations as set forth in Section 305(b) of the Federal Water

Pollution Control Act, where applicable.

2. In promulgating Oklahoma Water Quality Standards or making

any modification or change thereof, the Department shall announce a

reasonable time for persons discharging waste into the waters of the

state to comply with such new or modified standards unless such

discharges create an actual or potential hazard to public health.

3. Any discharge in accord with such standards of the

Department and in compliance with all other rules, requirements and

wasteload allocations established by the Department and with rules

promulgated by other state environmental agencies shall not be

deemed to be pollution.

4. Notwithstanding the implementation jurisdiction provided to

the Department in paragraph 1 of subsection C of this section, the

Department of Environmental Quality shall also have jurisdiction to

adopt variances and site-specific criteria and to develop and

utilize policies and requirements, as provided in paragraphs 18 and

22 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma

Statutes.
Okla. Stat. tit. 27A, § 27A-1-4-117 — OK Code / Title 27A / Section 27A-1-4-117
Information not subject to privilege
Status: in_force

A. The privilege established by Section 5 of this act does not

apply to:

1. A document, communication, datum or report or other

information required by a regulatory agency to be collected,

developed, maintained or reported under a federal or state

environmental or health and safety law;

2. Information obtained by observation, sampling or monitoring

by a regulatory agency; or

3. Information obtained from a source not involved in the

preparation of the environmental or health and safety audit report.

B. This section does not limit the right of a person to agree

to conduct and disclose an audit report.
Okla. Stat. tit. 27A, § 27A-3-3-411 — OK Code / Title 27A / Section 27A-3-3-411
"Operation and maintenance" or "operate and maintain"
Status: in_force

- Interpretation.

A. Oklahoma has a large number of preventive and control

measures and works of improvement that are operated and maintained

by conservation districts and their assigns throughout the state.

These preventive and control measures and works of improvement

include, but are not limited to, flood control dams, erosion control

practices, and channels constructed with the assistance of the

United States Department of Agriculture (USDA) through USDA’s

watershed programs.

B. Pursuant to the Conservation District Act, the phrase

“operation and maintenance” or “operate and maintain” as used in a

variety of contractual documents, easements, statutes, rules, and

other legal authority by the conservation districts and their

assigns shall be interpreted to:

1. Encompass the terms repair, modification, alteration,

rehabilitation, upkeep, upgrade, improvement, construction,

reconstruction, decommission, and inspection; and

2. Benefit the state and conservation districts.
Okla. Stat. tit. 27A, § 27A-2-11-401.3 — OK Code / Title 27A / Section 27A-2-11-401.3
Used Tire Recycling Indemnity Fund
Status: in_force

A. There is hereby created within the Oklahoma Tax Commission

the "Used Tire Recycling Indemnity Fund". The Indemnity Fund shall

be administered by the Oklahoma Tax Commission pursuant to the

provisions of Section 2-11-401.4 of this title.

B. The Indemnity Fund shall consist of:

1. All monies received by the Commission as proceeds from the

assessment imposed pursuant to Section 2-11-401.2 of this title;

2. Interest attributable to investment of money in the

Indemnity Fund; and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 275

3. Money received by the Commission in the form of gifts,

grants, reimbursements, or from any other source intended to be used

for the purposes specified by or collected pursuant to the

provisions of the Oklahoma Used Tire Recycling Act.
Okla. Stat. tit. 27A, § 27A-2-3-102 — OK Code / Title 27A / Section 27A-2-3-102
Customer assistance program - Additional
Status: in_force

responsibilities.

The customer assistance program of the Department of

Environmental Quality, in addition to responsibilities specified in

Section 2-3-101 of this title and assigned to the program by the

Executive Director, shall:

1. Establish and maintain an information and referral system to

assist the public in understanding and complying with state and

local governmental requirements concerning the use of natural

resources and protection of the environment. The system shall

provide a telephone information service and disseminate printed and

electronic materials;

2. Standardize permit processes in coordination with the Board

and the Department;

3. Coordinate and facilitate public information procedures

associated with each permit program;

4. Provide for the statewide distribution of the telephone

number of the customer assistance program; and

5. Ensure that all current rules of the Department are readily

available to the public.
Okla. Stat. tit. 27A, § 27A-2-11-403 — OK Code / Title 27A / Section 27A-2-11-403
Renumbered as § 2-11-401.2 of this title by Laws
Status: in_force

2005, c. 230, § 9, eff. July 1, 2005.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 286
Okla. Stat. tit. 27A, § 27A-2-14-301 — OK Code / Title 27A / Section 27A-2-14-301
Notice requirements
Status: in_force

A. Upon filing a Tier II or III application with the

Department, the applicant shall publish notice of the filing as

legal notice in one newspaper local to the proposed new site or

existing facility. The publication shall identify locations where

the application may be reviewed, including a location in the county

where the proposed new site or existing facility is located.

B. For Tier III applications, the publication shall also

include notice of a thirty-day opportunity to request, or give the

date, time and place for, a process meeting on the permitting

process. If the Department receives timely request and determines

that a significant degree of public interest in the application

exists, it shall schedule and hold such meeting. The applicant

shall be entitled to attend the meeting and may make a brief

presentation on the permit request. Any local community meeting to

be held by the applicant on the proposed facility or activity for

which a permit is sought may, with the agreement of the Department

and the applicant, be combined with the process meeting authorized

by this paragraph.

C. The provisions of this section shall not stay the

Department's review of the application.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 312
Okla. Stat. tit. 27A, § 27A-2-10-802.2 — OK Code / Title 27A / Section 27A-2-10-802.2
Required components of a roofing material
Status: in_force

recycling facility.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 251

A. In addition to meeting the requirements of the Oklahoma

Solid Waste Management Act generally applicable to solid waste

disposal sites, including but not limited to permitting, disclosure

statement, siting, closure plan and financial assurance, the owner

or operator of a roofing material recycling facility shall:

1. Install scales, weigh roofing material received and record

weights in accordance with the provisions of paragraphs 1 and 2 of

subsection A of Section 2-10-802 of Title 27A of the Oklahoma

Statutes;

2. Assess a fee of One Dollar and fifty cents ($1.50) per ton

of roofing material received, 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;

3. Remit the fee to the Department of Environmental Quality in

accordance with the provisions of paragraphs 7 through 12 of

subsection B of Section 2-10-802 of Title 27A of the Oklahoma

Statutes. 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. Records documenting the capital investment

and the use of the funds shall be included with each return; and

4. Submit receipts for the payment for disposal of non-

recyclable materials at a permitted landfill or solid waste disposal

site in order to receive credit against the fee owed to the

Department of Environmental Quality for that tonnage.

B. An operation otherwise meeting the definition of a roofing

material recycling facility but that is included within and

regulated under a permit for a solid waste land disposal site is not

subject to the provisions of this section.

C. The Environmental Quality Board is authorized to adopt rules

recommended by the Solid Waste Management Advisory Council as needed

to implement the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-3-109 — OK Code / Title 27A / Section 27A-2-3-109
Oklahoma Energy Efficiency and Emission Reduction
Status: in_force

Program.

A. There is hereby created the “Oklahoma Energy Efficiency and

Emission Reduction Program”, to be administered by the Department of

Environmental Quality. The purpose of the Oklahoma Energy

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 75

Efficiency and Emission Reduction Program is to fund activities and

projects designed to reduce regional air pollution.

B. The Oklahoma Legislature finds that any activity or project

that reduces regional air pollution is desirable and advantageous

and serves a compelling public interest. Further, improved air

quality enhances the health and quality of life for the citizens of

Oklahoma, helps maintain the abundant natural beauty and resources

of the state, and fosters the economic well-being of the state by

reducing the potential that the federal government will designate

some or all of the state as in air-quality “nonattainment” status,

resulting in extremely burdensome additional regulatory

requirements.

C. 1. Any funds made available for the Oklahoma Energy

Efficiency and Emission Reduction Program shall be used by the

Department for matching grants to governmental and nongovernmental

entities in Oklahoma to encourage the implementation of recognized

air pollution reduction measures, including, but not limited to, the

retrofitting of truck and bus fleets or locomotives to use cleaner

fuels and the installation and implementation of energy efficiency

measures.

2. Grants awarded under the Program shall be limited to ninety-

five percent (95%) of the direct project costs in the case of

governmental entities and seventy-five percent (75%) of the direct

project costs in the case of nongovernmental entities.

3. In making grant awards, the Department shall enter into a

contract or memorandum of agreement with the grantee that includes

conditions and safeguards to ensure that the matching funds are

expended for the purposes specified and that the state receives a

clear benefit from the expenditure. In addition to any other

conditions and safeguards deemed necessary and appropriate:

a. the Department shall require grant recipients to

submit a report within a reasonable time after

construction, installation, or implementation of the

project that summarizes the results, including

emissions reductions achieved and “lessons learned”.

Information from the reports may be used by the

Department in evaluation of future grant applications

or proposals for the Oklahoma Energy Efficiency and

Emission Reduction Program or any similar grant

program and to determine the viability of other

projects or programs that may be proposed to control

or reduce air pollution in the state, and

b. to secure the maximum possible benefit by increasing

awareness of the Oklahoma Energy Efficiency and

Emission Reduction Program, the Department may require

any grant recipient to post notice in a conspicuous

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 76

place of participation in the Program and the nature

of the funded project.

4. Before making any grants, the Department shall determine to

its satisfaction that the proposed project will significantly reduce

air pollution within the state. The Department is authorized to set

a deadline for grant applications, and if the total grant funding

sought exceeds the amount available under the Program, the

Department shall give priority to those projects that appear to

achieve the maximum public health benefit for citizens of the state.

5. Not more than twenty-five percent (25%) of the total sum

available for grants under the Program shall be awarded to any

single entity. Application of this limit shall not preclude

participation by the recipient in any similar grant program in the

future.

D. If funds are appropriated by the Legislature for the

Oklahoma Energy Efficiency and Emission Reduction Program, not more

than One Hundred Thousand Dollars ($100,000.00) annually of the

funds shall be used by the Department for personnel and other costs

associated with administration and management of the Program, and

for providing technical assistance to entities applying for and

participating in the Program.

E. On or before September 1, 2009, and by September 1 each year

thereafter, the Department shall submit to the Governor, the Speaker

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

the Senate a report on the Oklahoma Energy Efficiency and Emission

Reduction Program. The report shall outline program expenditures,

estimate emission reductions achieved, and health or environmental

benefits associated with those reductions for the previous fiscal

year, and any other information the Department determines is

necessary to aid the Governor and Legislature in evaluating the

Program.
Okla. Stat. tit. 27A, § 27A-2-6-203 — OK Code / Title 27A / Section 27A-2-6-203
Powers and duties of Board - Authority of Department
Status: in_force

A. The Board shall have the power and duty to promulgate rules

implementing or effectuating the Oklahoma Pollutant Discharge

Elimination System Act. Such rules may incorporate by reference any

applicable rules, regulations and policies of the United States

Environmental Protection Agency adopted under the Clean Water Act.

Any such rules shall be in reasonable accord with the United States

Environmental Protection Agency regulations and policies, including

but not limited to rules which:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 133

1. Allow the inclusion of technology-based effluent limitations

and require water-quality-related effluent limitations in discharge

permits to the extent necessary to protect the designated and

existing beneficial uses of the waters of the state and to comply

with the requirements of the Clean Water Act;

2. Establish pretreatment standards and standards for the

removal of toxic materials and pollutants from effluent discharges

and establish procedures and programs necessary to implement and

enforce such standards and ensure compliance with applicable federal

regulations;

3. Apply applicable national standards of performance

promulgated pursuant to Section 306 of the Clean Water Act in

establishing terms and conditions of Executive Director issued

permits;

4. Prohibit or control the discharge of pollutants into wells

within the jurisdiction of the Department of Environmental Quality;

5. Develop or assist in development of any effluent limitation

or other limitation, prohibition, or effluent regulation;

6. Establish procedures, including, but not limited to, notice

and opportunity for public hearing, which provide that whenever the

owner or operator of any point source discharge can demonstrate to

the satisfaction of the Executive Director that any effluent

limitation proposed for the control of the thermal component of any

discharge from such source will require effluent limitations more

stringent than necessary to assure the protection and propagation of

a balanced, indigenous population of shellfish, fish and wildlife in

and on the body of water into which the discharge is to be made, the

Executive Director may impose an effluent limitation for such

discharge, taking into account the interaction of such thermal

component with other pollutants, that will assure the protection and

propagation of a balanced, indigenous population of shellfish, fish

and wildlife in and on that body of water;

7. Ensure that the public and any other state, the waters of

which may be affected, receive notice of each application for a

discharge permit;

8. Ensure that any other state, the waters of which may be

affected by the activities allowed by a proposed permit, may submit

written recommendations on the application to the Department. The

rules shall provide that if such recommendations or any parts

thereof are not adopted, the Department will notify the affected

state in writing and shall provide the reasons therefor;

9. Establish a fee schedule to implement the provisions of the

Oklahoma Pollutant Discharge Elimination System Act; and

10. Establish management standards for sludge which are no less

stringent than applicable federal regulations and establish

procedures and requirements necessary to ensure compliance with

applicable federal laws.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 134

B. The Department shall have authority to:

1. Require the owner or operator of any system for the

treatment, storage, discharge or transport of pollutants to

establish, maintain and submit plans, specifications, records, and

other data relative to disposal systems or any part thereof, in

connection with the issuance of discharge permits or in connection

with any permit, purposes or requirements of the Oklahoma Pollutant

Discharge Elimination System Act, to make reports, to install,

calibrate, use and maintain monitoring equipment or methods

including biological monitoring methods, take samples of effluents

in such manner as may be prescribed, and provide such other

information as may be reasonably required;

2. Take all actions which may be necessary or incidental to

implement and maintain a pollutant discharge permit program and

sludge program, including the authority to assume and obtain

authorization to implement and maintain a portion of the National

Pollutant Discharge Elimination System state permit program and a

state sludge program pursuant to Section 402 and other provisions of

the Clean Water Act and other applicable federal law. The Executive

Director shall issue permits for the discharge of pollutants and

storm water from facilities and activities within its areas of

environmental jurisdiction specified in Section 1-3-101 of this

title;

3. Take necessary and appropriate actions to revoke and

reissue, modify, suspend, or otherwise administer and enforce

discharge permits and sludge permits issued by the United States

Environmental Protection Agency which are transferred to the

Department upon federal authorization of the Department's program;

and

4. Exercise all necessary incidental powers which are necessary

and proper to carry out the purposes of the Oklahoma Pollutant

Discharge Elimination System Act and to comply with the requirements

of the Clean Water Act and the requirements of the United States

Environmental Protection Agency regulations promulgated thereunder.
Okla. Stat. tit. 27A, § 27A-3-7-105 — OK Code / Title 27A / Section 27A-3-7-105
Uses for funds
Status: in_force

Funds appropriated to the Oklahoma Conservation Commission to

administer the healthy soil program may be used for:

1. The healthy soil grant program;

2. The healthy soil assessment and education program;

3. Promotion and outreach;

4. Department staffing support;

5. Capacity building for eligible entities;

6. Soil health research;

7. Travel reimbursement and per diem in accordance with the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes; and

8. Other expenditures as determined by the Commission to be

necessary to support the overall effective administration of the

program.
Okla. Stat. tit. 27A, § 27A-3-3-101 — OK Code / Title 27A / Section 27A-3-3-101
Status and powers
Status: in_force

A district perpetuated by the provisions of the Conservation

District Act shall constitute a governmental subdivision of this

state, and a public body corporate and politic, exercising public

powers.
Okla. Stat. tit. 27A, § 27A-2-7-129 — OK Code / Title 27A / Section 27A-2-7-129
Violations - Civil penalties
Status: in_force

In addition to any other remedies provided in the Oklahoma

Hazardous Waste Management Act, the Department may:

1. Temporarily suspend the permit of any operator of a

hazardous waste facility until such facility conforms to the

provisions of the Oklahoma Hazardous Waste Management Act and the

rules promulgated thereunder;

2. Revoke the operating permit or license of any person who

flagrantly and/or consistently violates the provisions of the

Oklahoma Hazardous Waste Management Act or the rules promulgated

thereunder, or who operates in such a manner as to cause or to

continue in existence an environmentally unsafe condition. Such

revocation may only take place following proper hearing, and shall

conform to provisions of the Administrative Procedures Act. Such

person shall not be eligible for reissuance of a license when

finally adjudicated as guilty of flagrant and consistent violations

of the Oklahoma Hazardous Waste Management Act or rules promulgated

thereunder;

3. Cause proceedings to be instituted in the district court

having jurisdiction in the area where the alleged violation occurs

seeking an injunction to restrain a violation of the Oklahoma

Hazardous Waste Management Act or the rules promulgated thereunder

or to restrain the maintenance of a public nuisance; and

4. Cause proceedings to be instituted in the district court

having jurisdiction in the area where the alleged violation of the

Oklahoma Hazardous Waste Management Act or the rules promulgated

thereunder occurs seeking a civil penalty of not more than Twenty-

five Thousand Dollars ($25,000.00) per day or part of a day such

violation occurs.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 196
Okla. Stat. tit. 27A, § 27A-2-7-404 — OK Code / Title 27A / Section 27A-2-7-404
License requirements - Display - Fees - Term and
Status: in_force

renewal - Suspension or revocation - List of service operators.

A. To be licensed pursuant to this act, a person, firm,

corporation or other entity shall meet the following requirements:

1. Principal business facilities are located within Oklahoma;

2. Tow trucks are registered and licensed in Oklahoma; and

3. Owner is a resident of the State of Oklahoma or the service

is an Oklahoma corporation.

B. No operator or employee of any operator shall be permitted,

allowed or caused to solicit business or engage in highway

remediation and cleanup services without the operator first having

obtained from the Department of Environmental Quality a license to

operate a highway remediation and cleanup service. The license

number shall be displayed, in conformance with rules of the

Department, on both sides of every vehicle operated by the highway

remediation and cleanup service. This section shall not apply to

the Oklahoma Department of Transportation or the Oklahoma Turnpike

Authority.

C. The license fee required by this section shall be in lieu of

the motor carrier filing fee as required in Section 165 of Title 47

of the Oklahoma Statutes. It shall not be necessary for any

operator to prove public convenience and necessity to obtain such

license, and the Department shall issue such license without public

hearing. The fee for such license shall be Ten Thousand Dollars

($10,000.00).

D. All licenses shall expire on the last day of the calendar

year and may be renewed annually at a cost of One Thousand Dollars

($1,000.00) upon application to the Department as prescribed by

rule. No license fee shall be refunded in the event that the

license is suspended or revoked.

E. The Department is authorized to issue notices of violation

and compliance orders and to suspend, revoke, or refuse to issue or

renew the license of an operator when it finds the licensee or

applicant has not complied with or has violated any of the

provisions of this act, or any rules adopted by the Board. A

suspension shall be for a period of time deemed appropriate by the

Department for the violation. An operator whose license has been

revoked may not apply for one (1) year. Any suspended or revoked

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 203

license shall be returned to the Department by the operator. An

operator whose license is revoked by the Department shall be

required to pay an additional fee of Ten Thousand Dollars

($10,000.00) for reinstatement if such reinstatement is authorized

by the Department.

F. The Department shall keep a current list of highway

remediation and cleanup service operators licensed pursuant to this

act and forward such list to the Department of Public Safety for

distribution to wrecker service operators licensed by the Department

of Public Safety. The Department shall update such list regularly

to delete highway remediation and cleanup service operators whose

licenses have been suspended or revoked.

G. Fees or fines collected pursuant to the provisions of this

section shall be remitted to the State Treasurer to be deposited in

the Department of Environmental Quality Revolving Fund.
Okla. Stat. tit. 27A, § 27A-2252 — OK Code / Title 27A / Section 27A-2252
Availability of Emergency Drought Relief Fund
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 418

The Emergency Drought Relief Fund shall be available for drought

response activities within the state that may include but shall not

be limited to:

1. Pond cleanup and construction;

2. Water conservation methods in production agriculture;

3. Providing of water for livestock;

4. Rural fire suppression activities as directed by the

Oklahoma Department of Agriculture, Food, and Forestry;

5. Red cedar eradication;

6. Soil conservation;

7. Emergency infrastructure conservation and measures;

8. Wildland fire response; and

9. Any other drought response activities identified by the

Emergency Drought Committee.
Okla. Stat. tit. 27A, § 27A-2-6-106 — OK Code / Title 27A / Section 27A-2-6-106
Renumbered as § 2-3-302 of this title by Laws 1994,
Status: in_force

c. 353, § 45, eff. July 1, 1994.
Okla. Stat. tit. 27A, § 27A-2-10-101 — OK Code / Title 27A / Section 27A-2-10-101
Short title
Status: in_force

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

Solid Waste Management Act.
Okla. Stat. tit. 27A, § 27A-4-1-105 — OK Code / Title 27A / Section 27A-4-1-105
Release of dangerous substance requiring protective
Status: in_force

action - Entry upon public or private property - Records or reports

of incidents or events - Administrative warrants - Contempt.

A. During or after a release of a dangerous substance and as

part of any required cleanup operations or remediation requirements,

any duly authorized representative of the first responder, the

contact agency, the Department of Civil Emergency Management or the

Department of Environmental Quality shall have the authority to

enter upon any private or public property for the purpose of

responding to and stabilizing an incident or event involving a

release of dangerous substances requiring protective action

measures.

B. 1. The contact agency or the Department of Environmental

Quality, as applicable, may require the establishment and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 397

maintenance of records and reports relating to the incident or

event.

2. Copies of such records or reports shall be submitted to the

requesting agency.

3. Any authorized representative of the contact agency or the

Department of Environmental Quality, as applicable, shall be allowed

access and may examine such records or reports.

C. 1. A contact agency or the Department of Environmental

Quality may apply to and obtain from a judge of the district court,

an order authorizing an administrative warrant or other warrant to

enforce access to premises for the purpose of responding to and

stabilizing an incident or event involving releases of dangerous

substances requiring protective action measures or for the purpose

of examining records or reports relating thereto.

2. Failure to obey an administrative warrant or other warrant

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

contempt of court.
Okla. Stat. tit. 27A, § 27A-2-3-101 — OK Code / Title 27A / Section 27A-2-3-101
Creation - Powers and duties - Disclosure of
Status: in_force

interests - Employee classification - Programs - Departmental

offices and divisions - Annual report - Environmental Quality Report

- Environmental services contracts.

A. There is hereby created the Department of Environmental

Quality.

B. Within its jurisdictional areas of environmental

responsibility, the Department of Environmental Quality, through its

duly designated employees or representatives, shall have the power

and duty to:

1. Perform such duties as required by law; and

2. Be the official agency of the State of Oklahoma, as

designated by law, to cooperate with federal agencies for point

source pollution, solid waste, hazardous materials, pollution,

Superfund, water quality, hazardous waste, radioactive waste, air

quality, drinking water supplies, wastewater treatment and any other

program authorized by law or executive order.

C. Any employee of the Department in a technical, supervisory

or administrative position relating to the review, issuance or

enforcement of permits pursuant to this Code who is an owner,

stockholder, employee or officer of, or who receives compensation

from, any corporation, partnership, or other business or entity

which is subject to regulation by the Department of Environmental

Quality shall disclose such interest to the Executive Director.

Such disclosure shall be submitted for Board review and shall be

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 69

made a part of the Board minutes available to the public. This

subsection shall not apply to financial interests occurring by

reason of an employee's participation in the Oklahoma State

Employees Deferred Compensation Plan or publicly traded mutual

funds.

D. The Executive Director, Deputy Director, and all other

positions and employees of the Department at the Division Director

level or higher shall be in the unclassified service.

E. The following programs are hereby established within the

Department of Environmental Quality:

1. An air quality program which shall be responsible for air

quality;

2. Water programs which shall be responsible for water quality,

including, but not limited to point source and nonpoint source

pollution within the jurisdiction of the Department, public and

private water supplies, public and private wastewater treatment,

water protection and discharges to waters of the state;

3. Land protection programs which shall be responsible for

hazardous waste, solid waste, radiation, and municipal, industrial,

commercial and other waste within its jurisdictional areas of

environmental responsibility pursuant to Section 1-3-101 of this

title; and

4. Special projects and services programs which shall be

responsible for duties related to planning, interagency

coordination, technical assistance programs, laboratory services and

laboratory certification, recycling, education and dissemination of

information.

F. Within the Department there are hereby created:

1. The complaints program which shall be responsible for intake

processing, investigation, mediation and conciliation of inquiries

and complaints received by the Department and which shall provide

for the expedient resolution of complaints within the jurisdiction

of the Department; and

2. The customer assistance program which shall be responsible

for advising and providing to licensees, permittees and those

persons representing businesses or those persons associated with and

representing local political subdivisions desiring a license or

permit, the necessary forms and the information necessary to comply

with the Oklahoma Environmental Quality Code. The customer

assistance program shall coordinate with other programs of the

Department to assist businesses and municipalities in complying with

state statutes and rules governing environmental areas.

The customer assistance program shall also be responsible for

advising and providing assistance to persons desiring informationPrograms - Departmental offices and divisions - Annual report - Environmental Quality Report -necessary to comply

with the Oklahoma Environmental Quality Code. The customer

assistance program shall coordinate with other programs of the

Department to assist businesses and municipalities in complying with

state statutes and rules governing environmental areas.

The customer assistance program shall also be responsible for

advising and providing assistance to persons desiring information

concerning the Department's rules, laws, procedures, licenses or

permits, and forms used to comply with the Oklahoma Environmental

Quality Code.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 70

G. The Department shall be responsible for holding

administrative hearings as defined in Section 2-1-102 of this title

and shall provide support services related to them, including, but

not limited to, giving required notices, maintaining the docket,

scheduling hearings, and maintaining legal records.

H. 1. The Department shall prepare and submit an annual report

assessing the status of the Department's programs to the Board, the

Governor, the President Pro Tempore of the State Senate, and the

Speaker of the Oklahoma House of Representatives by January 1 of

each year. The annual status report shall include: the number of

environmental inspections made within the various regulatory areas

under the Department's jurisdiction; the number of permit

applications submitted within the various regulatory areas under the

Department's jurisdiction; the number of permits issued within the

various regulatory areas under the Department's jurisdiction; the

number and type of complaints filed with the Department; the number

of resolved and unresolved Department complaints; a list of any

permits and complaints which failed to be either completed or

resolved within the Department's established time frames and an

explanation of why the Department was unable to meet said time

frames; the number and kinds of services provided corporations,

businesses, cities, towns, schools, citizen groups and individuals

by the customer assistance programs; a summary of the Department's

environmental education efforts; the number and type of

administrative hearings held and their outcomes; a detailed

description of any promulgated and pending emergency or permanent

rules requested by the Department and the current status of pending

rules within the rulemaking process; the number of notices of

violations issued by the Department within the various regulatory

areas under its jurisdiction; the amount of penalties collected by

the Department within the various regulatory areas under its

jurisdiction; and any other information which the Department

believes is pertinent.

2. Beginning January 1, 1995, and on or before January 1 of

every year thereafter, the Department shall prepare an Oklahoma

Environmental Quality Report which outlines the Department's annual

needs for providing environmental services within its jurisdictional

areas. The report shall reflect any new federal mandates and any

state statutory or constitutional changes recommended by the

Department within its jurisdictional areas. The Oklahoma

Environmental Quality Report shall be reviewed, amended, and

approved by the Board. The Department shall transmit an approved

copy of the Oklahoma Environmental Quality Report to the Governor,

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

of Representatives.

3. The Executive Director shall establish such divisions and

such other programs and offices as the Executive Director may

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 71

determine necessary to implement and administer programs and

functions within the jurisdiction of the Department pursuant to the

Oklahoma Environmental Quality Code.

I. 1. The Department may contract with other governmental

entities to provide environmental services. Such contracts may

include duties related to providing information to the public

regarding state environmental services, resources, permitting

requirements and procedures based upon the ability, education and

training of state environmental agency employees.

2. The Department, in conjunction with the state environmental

agencies, may develop a program for the purpose of training

government employees to provide any needed environmental services;

provided, that the investigation of complaints regarding, or

inspections of, permitted sites or facilities shall not be performed

by employees of other agencies, unless otherwise authorized by law.
Okla. Stat. tit. 27A, § 27A-3-8-101 — OK Code / Title 27A / Section 27A-3-8-101
Short title — Terry Peach North Canadian Watershed
Status: in_force

Restoration Act.

This act shall be known and may be cited as the "Terry Peach

North Canadian Watershed Restoration Act".
Okla. Stat. tit. 27A, § 27A-1016 — OK Code / Title 27A / Section 27A-1016
Cessation of powers of CTT and Department
Status: in_force

At such time as the Central Treatment Trust's National Pollution

Discharge Elimination System permit terminates, and any application

for issuance of an interim, successor, renewal or substitute permit

has been finally rejected or abandoned, or the CTT's waste treatment

system is sold or leased to a for-profit entity, the CTT shall so

certify to the agencies designated in Section 3 of this act,

whereupon all powers granted to the CTT and the Department under

this act shall prospectively cease.
Okla. Stat. tit. 27A, § 27A-2-14-201 — OK Code / Title 27A / Section 27A-2-14-201
Rules for implementation
Status: in_force

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

implement the Oklahoma Uniform Environmental Permitting Act for each

tier which will to the greatest extent possible:

1. Enable applicants to follow a consistent application

process;

2. Ensure that uniform public participation opportunities are

offered;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 310

3. Provide for uniformity in notices required of applicants;

and

4. Set forth procedural application requirements.

B. Such rules shall:

1. Designate applications as Tier I, II or III. In making such

determinations, the Board and each recommending Council shall

consider information and data offered on:

a. the significance of the potential impact of the type

of activity on the environment,

b. the amount, volume and types of waste proposed to be

accepted, stored, treated, disposed, discharged,

emitted or land applied,

c. the degree of public concern traditionally connected

with the type of activity,

d. the federal classification, if any, for such proposed

activity, operation or type of site or facility, and

e. any other factors relevant to such determinations;

2. For purposes of this section, the Board and each

recommending Council shall ensure that such designations are

consistent with any analogous classifications set forth in

applicable federal programs.

C. Such rules shall for each tier:

1. Set forth uniform procedures for filing an application;

2. Contain specific uniform requirements for each type of

notice required by the Oklahoma Uniform Environmental Permitting

Act; provided, however, that if notice and public participation

opportunities are required, such requirements shall not exceed those

set forth for the tier unless required otherwise by applicable

federal regulations promulgated as rules of the Board or a holding

of the Oklahoma Supreme Court;

3. Contain other provisions needed to implement and administer

this article; and

4. Designate positions to which the Executive Director may

delegate, in writing, the power and duty to issue, renew, amend,

modify and deny permits.

D. Such rules shall be adopted by the Board by March 1, 1996.
Okla. Stat. tit. 27A, § 27A-2-3-108 — OK Code / Title 27A / Section 27A-2-3-108
State environmental regulatory agencies -
Status: in_force

Encouragement of pollution prevention practices.

Each state environmental regulatory agency required by law to

regulate any industry which generates hazardous substances,

pollutants or contaminants may develop a program and promulgate

rules for the purpose of encouraging entities regulated by such

agency to implement pollution prevention practices and activities.
Okla. Stat. tit. 27A, § 27A-2203 — OK Code / Title 27A / Section 27A-2203
Relocation and rental assistance grants - Grants to
Status: in_force

municipalities, public entities and schools - Disposition of

property.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 411

A. The Department of Environmental Quality is hereby authorized

to make grants, from monies appropriated for that purpose, to state

beneficiary public trusts serving communities affected by historic

lead and zinc mining and located within the boundaries of federal

Superfund sites; provided, that any trust receiving such a grant

shall accept the following grant conditions:

1. Funds shall be used to assist individuals or married couples

living within the most affected area of the site and who are parents

or legal guardians of children six (6) years of age and younger.

For purposes of the Lead-Impacted Communities Relocation Assistance

Act, "most affected area" shall mean the communities in which lead

poses the greatest threat to children's health and shall include a

reasonable buffer area around such communities. To be eligible for

assistance under this subsection an individual or married couple

shall have both:

a. continually resided in the most affected area of the

site since December 1, 2003, and

b. on December 1, 2003, either been pregnant or had

residing with them a child or children six (6) years

of age and younger;

2. For those eligible for relocation assistance who have rented

their living quarters since December l, 2003, and who can produce a

valid rental contract or other proof of rental arrangement,

assistance shall be in an amount equal to the average cost of twelve

(12) months of rent for comparable housing elsewhere in the county.

The trust shall provide such assistance in periodic payments and not

in a single lump sum. In addition, eligible individuals or married

couples shall receive reimbursement up to One Thousand Dollars

($1,000.00) for payment to a company in the moving business for at

least two (2) years or for reimbursement of actual moving expenses

as demonstrated by receipts. Recipients must agree, prior to

accepting such assistance, that they will not again reside within

one-half (1/2) mile of the most affected area of the site until the

State Commissioner of Health formally determines that the area is

safe for children six (6) years of age and younger;

3. For those individuals and married couples eligible for

relocation assistance who have owned their homes since December l,

2003, the trust shall purchase their homes for an amount equal to

the average cost of comparable housing elsewhere in the county. In

addition, such individuals shall receive reimbursement up to One

Thousand Dollars ($1,000.00) either for payment to a company in the

moving business for at least two (2) years or for reimbursement of

actual moving expenses as demonstrated by receipts. Recipients must

agree, prior to accepting such assistance, that they will not again

reside within one-half (1/2) mile of the most affected area of the

site until the State Commissioner of Health formally determines that

the area is safe for children six (6) years of age and younger;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 412

4. In determining the purchase price of a recipient's home, the

trust shall deduct any amounts received by the recipient in

compensation for damage to the home caused by remedial action on the

property; and

5. Funds shall also be used to assist landlords whose tenants

take advantage of the relocation assistance provided in paragraph 2

of this subsection. Landlords shall be eligible for an amount equal

to twelve (12) months of rent at a monthly rate equal to the average

monthly rent received by the landlord for the vacated unit over the

previous twelve (12) months. Recipients of such assistance must

agree, prior to accepting such assistance, that they will not permit

any family with children six (6) years of age and younger to occupy

any vacated unit until the State Commissioner of Health formally

determines that the area is safe for children of such an age.

6. The trust shall agree to place a restriction which shall run

with the land on the deeds to all property obtained pursuant to

paragraph 3 of subsection A of this section providing that the

property may not be occupied by children six (6) years of age and

younger until the State Commissioner of Health formally determines

that the area is safe for children of such an age.

B. Beginning June 6, 2006, the Department of Environmental

Quality is authorized to make grants to state beneficiary public

trusts serving communities affected by historic lead and zinc mining

and located within the boundaries of federal Superfund sites;

provided that any trust receiving such a grant shall accept the

following conditions:

1. Funds shall be used to assist those persons owning or

renting property within the area of greatest subsidence risk. For

purposes of the Lead-Impacted Communities Relocation Assistance Act,

"area of greatest subsidence risk" shall mean the communities in

which subsurface lead and zinc mine caverns pose the greatest threat

to public safety and shall include a reasonable buffer area around

such communities;

2. To be eligible for residential assistance under this

subsection, an individual must have continually resided in the area

of greatest subsidence risk since January 31, 2006. For those

eligible for relocation assistance who have rented their living

quarters since January 3l, 2006, and who can produce a valid rental

contract or other proof of rental arrangement, assistance shall be

in an amount equal to the average cost of twelve (12) months of rent

for comparable housing elsewhere in the county. The trust may, in

its discretion, provide such assistance in periodic payments rather

than in a single lump sum. In addition, eligible individuals may

receive up to One Thousand Dollars ($1,000.00) for moving expenses.

Recipients must agree, prior to accepting such assistance, that they

will not again reside within the area of greatest subsidence risk

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 413

until the Secretary of the Environment determines that the area is

safe for habitation;

3. For those individuals eligible for relocation assistance

under this subsection who own their place of residence, the trust

shall purchase such homes for an amount equal to the value of

comparable housing elsewhere in the county. In addition, such

individuals may receive up to One Thousand Dollars ($1,000.00) for

moving expenses. Recipients must agree, prior to accepting such

assistance, that they will not again reside within the area of

greatest subsidence risk until the Office of the Secretary of the

Environment determines that the area is safe for habitation;

4. To be eligible for commercial assistance under this

subsection, an individual or legal entity must have continually

operated in the area of greatest subsidence risk since January 31,

2006. For those eligible for relocation assistance who have rented

their business or nonprofit organization premises continually since

January 3l, 2006, and who can produce a valid rental contract or

other proof of rental arrangement, assistance shall be in an amount

equal to the average cost of twelve (12) months of rent for

comparable premises elsewhere in the county. The trust may, in its

discretion, provide such assistance in periodic payments rather than

in a single lump sum. In addition, such businesses or organizations

may receive up to Two Thousand Dollars ($2,000.00) for moving

expenses. Recipients must agree, prior to accepting such

assistance, that they will not again operate within the area of

greatest subsidence risk until the Office of the Secretary of the

Environment determines the area is safe for occupation;

5. For those individuals or legal entities eligible for

relocation assistance under this subsection that operate businesses

or nonprofit organizations in structures they own which are located

in the area of greatest subsidence risk, the trust shall purchase

the property for an amount equal to the value of comparable

commercial property elsewhere in the county. In addition, such

businesses or organizations may receive up to Two Thousand Dollars

($2,000.00) for moving expenses. Recipients must agree, prior to

accepting such assistance, that they will not again operate within

the area of greatest subsidence risk until the Office of the

Secretary of the Environment determines the area is safe for

occupation; and

6. All other owners of real property in the area of greatest

subsidence risk may be eligible under this subsection to sell their

property to the trust for an amount equal to the value of comparable

property elsewhere in the county.

C. Where application for relocation assistance is made by one

of multiple owners or lessees of a particular property or rental

unit, the sum of all payments for acquisition of such property shall

not exceed the amount that would have been paid had the property

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 414

belonged to a single owner and the sum of all rental assistance

shall not exceed the amount that would have been paid had the unit

been rented by a single lessee.

D. Participation in the assistance program shall be voluntary.

No person shall be required to relocate under the provisions of the

Lead-Impacted Communities Relocation Assistance Act.

E. In addition to the relocation assistance program described

in subsections A and B of this section, funds granted to the trust

may be used for the following purposes:

1. To provide grants to municipalities, public trusts, or other

public entities operating utility systems located within the most

affected area of the site in order to lessen the debt burden on such

entities as a result of the relocation of families pursuant to the

Lead-Impacted Communities Relocation Assistance Act. The amount of

such grants may be based on the outstanding debt of such entities

and the proportion that the number of persons relocated bears to the

total population of the community served by such entity; and

2. To benefit public school districts, public trusts, and other

public entities located within the most affected area of the site or

area of greatest subsidence risk;

F. Real property acquired by the trust pursuant to the

relocation assistance provisions of the Lead-Impacted Communities

Relocation Assistance Act may be utilized or disposed of in the

manner that the trust determines shall best serve the public

interest. Disposition of these properties shall not be subject to

the requirements of Section 129.4 of Title 74 of the Oklahoma

Statutes, but the disposition and future use of these properties

shall be subject to any land use restrictions recorded pursuant to

state and federal law in the land records of the county in which the

property is located. The trust may transfer real property acquired

under this act to any state or federal entity or other sovereign

entity consistent with the requirements of Section 15 of Article X

of the Oklahoma Constitution.

G. A trust receiving a grant from the Department of

Environmental Quality shall be authorized to establish appropriate

procedures for eligible residents to apply for the relocation

assistance described in this section; provided, however, that such a

trust must set a deadline requiring eligible residents to submit

their initial application for assistance. The trust is further

authorized to make reasonable use of grant funds for the

administration of the relocation assistance program.

H. In addition to the expenditure of funds according to the

provisions of the Lead-Impacted Communities Relocation Assistance

Act, a trust receiving a grant from the Department of Environmental

Quality, shall be authorized to seek and expend funds from any other

source, whether public or private, to further the purposes of the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 415

trust. The funds granted to a trust by the state shall be

transferred in periodic payments rather than a single lump sum.

I. Prior to determining what constitutes the most affected area

or area of greatest subsidence risk, the trust shall consult with

the Department of Environmental Quality, which shall provide a

recommendation regarding what it believes the boundaries of such an

area should be.

J. Any trust receiving funds under the Lead-Impacted

Communities Relocation Assistance Act shall be subject to the

provisions of the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act.

K. At no time shall a majority of the trustees of a trust

receiving funds under the Lead-Impacted Communities Relocation

Assistance Act be residents of the most affected area or area of

greatest subsidence risk. All trustees shall abstain from

participating in any decision in which they have a direct pecuniary

interest.

L. A trust receiving funds under the Lead-Impacted Communities

Relocation Assistance Act is authorized to purchase property

belonging to a trustee or a member of the trustee's immediate family

provided such purchase meets the requirements of the Lead-Impacted

Communities Relocation Assistance Act, such trustee discloses the

trustee's interest in the transaction, such trustee plays no role in

the discussions or vote approving such purchase and the value of the

purchase is based upon an independent appraiser's determination of

the value of comparable property elsewhere in the county.

M. Any person eligible to receive assistance under the

provisions of the Lead-Impacted Communities Relocation Assistance

Act prior to May 10, 2008, shall remain eligible to receive the same

amount of assistance adjusted for the amount of any private

insurance payments for storm related damage if applicable. Any

property valuation or other type of relocation assistance assessment

made for the purposes of the Lead-Impacted Communities Relocation

Assistance Act shall be based on the value of property as it existed

no earlier than January 31, 2006, and not later than May 10, 2008,

and comparable to property elsewhere in the county. The trust shall

be authorized to enact or amend any of its procedures or deadlines

as necessary to implement the provisions of this subsection.

N. The trust shall establish priorities among those seeking

assistance, making certain that those at the greatest risk for loss

of life and property receive the highest priority. All assistance

programs shall be contingent upon the availability of funds.
Okla. Stat. tit. 27A, § 27A-2-10-301.2 — OK Code / Title 27A / Section 27A-2-10-301.2
Commercial composting facility - Permit
Status: in_force

No person shall operate a commercial composting facility without

a valid permit issued by the Department of Environmental Quality.

The Environmental Quality Board shall adopt rules establishing

requirements for the permitting and operation of commercial

composting facilities. Such rules shall include, without

limitation, requirements relating to:

1. Applicant disclosure information;

2. Siting;

3. Design, construction and operation;

4. Water protection and water management, including groundwater

monitoring and stormwater control;

5. Closure; and

6. Financial assurance for the proper management and removal of

all of the feedstock and product material that the site is capable

of storing.
Okla. Stat. tit. 27A, § 27A-2-6-307 — OK Code / Title 27A / Section 27A-2-6-307
Investigations of sanitary quality of water
Status: in_force

A. The Department may, of its own accord, investigate the

sanitary quality of water supplied to the public if the Department

has reason to believe that such water supply is prejudicial to the

public health or environment. Such investigation shall be made

whenever a complaint is made to the Department by the mayor of any

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 149

city, the president of the board of trustees of any incorporated

town or any other public entity including a public works authority,

or a rural water or sewage district, or by the Department's local

representative, about the sanitary quality of water supply within

their respective counties.

B. During such investigation, the person in charge of the water

supply shall furnish the Department all the information requested by

it relative to the source or sources from which the supply of water

is derived, and the manner of storage, distribution and purification

or treatment necessary or desirable for the determination of its

sanitary quality.
Okla. Stat. tit. 27A, § 27A-2-11-401.7 — OK Code / Title 27A / Section 27A-2-11-401.7
Unlawful storage, collection, disposal,
Status: in_force

transportation or removal of used tires - Penalties.

A. Except as otherwise provided by this section, it shall be

unlawful for any person to:

1. Own or operate a site used for the storage, collection or

disposal of more than fifty used tires except at a site or facility

permitted or approved by the Department of Environmental Quality to

accept used tires. The provisions of this paragraph shall not apply

to tire manufacturers, retailers, wholesalers and retreaders who

store a total of no more than two thousand five hundred used tires

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 284

at their place of business or an ancillary off-premises storage site

approved by the Department, and who are currently in compliance with

applicable Oklahoma Tax Commission requirements;

2. Dispose of used tires at any site or facility other than a

site or facility for which a permit has been issued, or which has

been otherwise authorized by the Department;

3. Knowingly transport or knowingly allow used tires under the

control or in the possession of the person to be transported to an

unpermitted or unapproved site or facility;

4. Remove more than ten used tires or reusable tires from the

possession of the dealer unless the dealer provides a manifest form,

approved by the Department, which documents the removal and approved

disposition or sale of the tires and which accompanies the tires in

transport, or to transport used or reusable tires in violation of

rules promulgated by the Department. Dealers, haulers, and used

tire recycling facilities shall keep copies of manifests available

for inspection for five (5) years; or

5. Sell any tire without collecting and remitting appropriate

fees to the Tax Commission in accordance with Section 2-11-401.2 of

this title.

B. The provisions of subsection A of this section shall not

apply to the use of used tires for agricultural purposes as

recognized by the Oklahoma Department of Agriculture, Food, and

Forestry.

C. The provisions of paragraphs 2 and 3 of subsection A of this

section shall not be construed to prevent an individual from

disposing of used tires previously used by the individual as vehicle

or equipment tires if the disposal is upon property owned by the

individual and the disposal does not create a nuisance or pose a

hazard to the public health or environment.

D. The provisions of paragraphs 2 and 3 of subsection A of this

section shall not be construed to prevent a used tire recycling

facility or tire-derived fuel or TDF facility from transporting and

delivering used tires to an out-of-state used tire recycling

facility or TDF facility.

E. 1. Except as otherwise ordered by the court, if the

administrative enforcement process for a violation of an order

issued by the Department for remediation, corrective action or

cleanup of an illegal tire dump has been exhausted, or criminal

proceedings for paragraph 1 or 2 of subsection A of this section

have resulted in a conviction, guilty plea or nolo contendere plea,

the Department or a representative of the Department, upon notice to

the landowner and an opportunity for the landowner to be heard on

the issue, may enter the property to clean up the tire dump.

2. The Department may initiate a court action to recover the

actual cost of cleanup, attorney fees, court costs, and all other

monies expended in connection with the cleanup.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 285

3. The Department shall deposit any excess funds recovered

through such action into the Used Tire Recycling Indemnity Fund.

F. Notwithstanding the provisions of Section 2-3-504 of this

title or any other remedy authorized by law, any peace officer of

this state or of any political subdivision of this state may issue a

citation to any person committing a violation of paragraph 1, 2, 3

or 4 of subsection A of this section. Such citation shall be in an

amount not to exceed One Hundred Dollars ($100.00) for the first

offense, not to exceed Two Hundred Dollars ($200.00) for the second

offense and not to exceed Five Hundred Dollars ($500.00) for the

third or subsequent offense. The penalties collected from the

payment of such citations shall not include court costs and shall be

divided as follows:

1. One-half (1/2) shall be paid into the reward fund created

pursuant to Section 1334 of Title 22 of the Oklahoma Statutes; and

2. One-half (1/2) shall be paid into the Sheriff's Service Fee

Account for that county to be used for environmental enforcement and

cleanup programs.
Okla. Stat. tit. 27A, § 27A-1-1-102 — OK Code / Title 27A / Section 27A-1-1-102
Purpose of act
Status: in_force

The purpose of the Oklahoma Environmental Quality Act is to

provide for the administration of environmental functions which

will:

1. Provide that environmental regulatory concerns of industry

and the public shall be addressed in an expedient manner;

2. Improve the manner in which citizen complaints are tracked

and resolved;

3. Better utilize state financial resources for environmental

regulatory services; and

4. Coordinate environmental activities of state environmental

agencies.
Okla. Stat. tit. 27A, § 27A-2-10-801.2 — OK Code / Title 27A / Section 27A-2-10-801.2
Solid waste landfill - Exterior and interior
Status: in_force

slopes.

A. Except as provided in subsection B of this section, the

owner and operator of a solid waste landfill shall ensure the

following:

1. Exterior slopes, to the edge of the permitted footprint, are

maintained at all times to be no steeper overall than four (4)

horizontal to one (1) vertical (4:1), except as otherwise provided

in a plan approved by the Department of Environmental Quality; and

2. All interior slopes are maintained at all times to be no

steeper overall than three (3) horizontal to one (1) vertical (3:1),

except as otherwise provided in a plan approved by the Department.

B. The working face slopes of a solid waste landfill may vary

during daily placement of waste but shall be graded to meet the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 249

applicable interior or exterior slope grades prior to placement of

the daily cover of soil or approved alternate daily cover material.

C. The Environmental Quality Board is authorized to promulgate

rules recommended by the Solid Waste Management Advisory Council as

needed to implement the provisions of this section.
Okla. Stat. tit. 27A, § 27A-2-2-101 — OK Code / Title 27A / Section 27A-2-2-101
Environmental Quality Board - Creation - Eligibility
Status: in_force

- Composition - Terms - Meetings - Powers and duties - Promulgation

of rules.

A. There is hereby created the Environmental Quality Board to

represent the interests of the State of Oklahoma which shall consist

of thirteen (13) members appointed by the Governor with the advice

and consent of the Senate.

B. To be eligible for appointment to the Board a person shall:

1. Be a citizen of the United States;

2. Be a resident of this state;

3. Be a qualified elector of this state; and

4. Not have been convicted of a felony pursuant to the laws of

this state, the laws of any other state or the laws of the United

States.

C. The Board shall be composed of:

1. One member who shall be a certified or registered

environmental professional. Such member shall be an environmental

professional experienced in matters of pollution control, who shall

not be an employee of any unit of government;

2. One member who shall be selected from industry in general.

Such member shall be employed as a manufacturing executive carrying

on a manufacturing business within the state;

3. One member who shall be selected from the hazardous waste

industry within the state;

4. One member who shall be selected from the solid waste

industry within this state;

5. One member who shall be well versed in recreational,

irrigational, municipal or residential water usage;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 59

6. One member who shall be selected from the petroleum

industries being regulated by the Department of Environmental

Quality;

7. One member who shall be selected from the agriculture

industries regulated by the Department of Environmental Quality;

8. One member who shall be selected from the conservation

districts of the state;

9. Three members who shall be citizen members of any statewide

nonprofit environmental organization;

10. One member who shall be a member of the local governing

body of a city or town; and

11. One member who shall be from a rural water district

organized pursuant to the laws of this state.

D. The term of office of a member of the Board shall be for

five (5) years and until a successor is appointed and qualified.

E. 1. An appointment shall be made by the Governor within

ninety (90) days after a vacancy has occurred due to resignation,

death, or any cause resulting in an unexpired term. In the event of

a vacancy on the Board due to resignation, death, or for any cause

resulting in an unexpired term, if not filled within ninety (90)

days following such vacancy, the Board may appoint a provisional

member to serve in the interim until the Governor acts.

2. A member may be reappointed.

3. In making appointments to the Environmental Quality Board,

the Governor shall recognize the geographic diversity of the state

and endeavor to appoint members representing each quadrant of the

state.

F. 1. The Board shall hold meetings as necessary at a place

and time to be fixed by the Board. The Board shall select, at its

first meeting, one of its members to serve as chair and another of

its members to serve as vice-chair. At the first meeting in each

calendar year thereafter, the chair and vice-chair for the ensuing

year shall be elected. Special meetings may be called by the chair

or by five members of the Board by delivery of written notice to

each member of the Board. A majority of the Board present at the

meeting shall constitute a quorum of the Board.

2. Members of the Board shall receive necessary travel expenses

according to the provisions of the State Travel Reimbursement Act.

G. The Board shall:

1. Appoint and fix the compensation of the Executive Director

of the Department of Environmental Quality;

2. Be the rulemaking body for the Department of Environmental

Quality;

3. Review and approve the budget request of the Department to

the Governor;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 60

4. Assist the Department in conducting periodic reviews and

planning activities related to the goals, objectives, priorities and

policies of the Department;

5. In conjunction with each regular meeting of the Board

pursuant to subsection F and at such other times as the Board may

determine to be necessary and appropriate, provide a public forum

for receiving comments and disseminating information to the public

and the regulated community regarding goals, objectives, priorities,

and policies of the Department. The Board shall have the authority

to adopt nonbinding resolutions requesting action by the Department

in response to comments received or upon the Board's own initiative;

and

6. Review and evaluate the need for amendments or additions to

the Oklahoma Statutes regarding the programs and functions of the

Department and make legislative recommendations to the Legislature.

H. As the rulemaking body for the Department of Environmental

Quality, the Board is specifically charged with the duty of

promulgating rules which will implement the duties and

responsibilities of the Department pursuant to this Code. Except as

provided in this subsection, rules within the jurisdiction of a

Council provided for by this act shall be promulgated with the

advice of such Council. Proposed permanent rules within the

jurisdiction of a Council shall not be considered by the Board for

promulgation until receipt of the appropriate Council's

recommendation on such promulgation; however, the Board may

promulgate emergency rules without the advice of the appropriate

Council when the time constraints of the emergency, as determined by

the Board, do not permit the timely development of recommendations

by the Council. All actions of the Councils with regard to

rulemaking shall be deemed actions of the Board for the purposes of

complying with the Administrative Procedures Act.
Okla. Stat. tit. 27A, § 27A-2-6-304 — OK Code / Title 27A / Section 27A-2-6-304
Public water supply - Permit required - Exceptions -
Status: in_force

Application.

A. Except as otherwise provided for in this section, no person

shall supply water, or do any construction work of any nature for

supplying water, to the public from or by a public water supply

system by means of any waterworks without a written permit to

construct issued by the Executive Director of the Department of

Environmental Quality.

B. 1. The Department of Environmental Quality may grant an

exception to a public water supply system from the review and permit

requirement for construction of a water line extension.

2. The Board shall promulgate rules setting forth conditions

for the exceptions including but not limited to a certification by

the system, upon application for an exception, that the proposed

design and construction of the extension meets or exceeds Board

standards and, after the completion of construction but prior to the

commencement of service by the extension, a sufficiency

certification by a professional engineer licensed to practice in the

State of Oklahoma, that the extension as constructed meets or

exceeds Board standards. The certifications shall provide

assurances, respectively, that the integrity and capacity of the

existing system will not or have not been compromised. The rules

shall allow a rural water district or nonprofit rural water

corporation to submit in lieu of a sufficiency certification by a

professional engineer, certification by a certified waterworks

operator employed by the district, provided that the line extension

is not larger than the existing line, that no part of the existing

water line was previously extended pursuant to this paragraph, that

the extension does not add more than one (1) service connection to

the existing line, and that the line has not been extended through,

over or under any stream, lake, pond or marsh or any existing sewage

or wastewater collection lines.

3. The Department may disallow any exception application which

does not comply with this section or rules promulgated by the Board,

or which does not assure protection of the existing system or public

health and the environment.

4. Failure of a system to meet the terms of a granted exception

may result in the termination of the exception, the denial of future

exceptions or the imposition of permit or corrective action

requirements by the Department, or a combination thereof. No

exception shall be terminated until the Department has advised the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 147

owner or operator of the excepted system and are given an

opportunity to show compliance with all exception requirements.

C. An application for a permit to construct shall be

accompanied by maps, plans and specifications, prepared by a

professional engineer registered in the State of Oklahoma. The

application shall include but not be limited to:

1. A description of the design of the system;

2. Identification of the system's source;

3. A description of the manner of storage and distribution and

purification of the water proposed for the supply previous to its

delivery to consumers; and

4. Any other data and information required by the Department.

D. Any person serving water to the public from a system that

was constructed without a permit to construct and was being used to

serve water to the public prior to June 1, 2011, may meet the

requirements of subsection A of this section by obtaining a permit

to supply issued by the Executive Director. Applications for the

permits shall be accepted only if they are complete. The Department

may deny any application that fails to establish that the water

supply meets and can continue to meet the drinking water standards.

In order to be considered complete, applications shall include, at a

minimum:

1. A description of the design of the system;

2. The identification of the source of water for the system;

3. A description of the manner of storage, distribution and

purification of the water prior to delivery to consumers;

4. A description of the additional testing and source water

protection measures the system will implement to assure continued

compliance with drinking water standards; and

5. Any other data and information requested by the Department.

E. Permits issued under subsection D of this section:

1. Shall be classified as Tier 1 permits pursuant to the

Oklahoma Uniform Environmental Permitting Act;

2. Shall be subject to additional monitoring requirements when

determined necessary by the Department; and

3. May include other permit conditions necessary to assure

continued compliance with drinking water standards.
Okla. Stat. tit. 27A, § 27A-4-2-105 — OK Code / Title 27A / Section 27A-4-2-105
Local emergency planning committees - Privileges and
Status: in_force

immunities.

A. The Legislature finds that individuals appointed to the

local emergency planning committees pursuant to the Oklahoma

Hazardous Materials Planning and Notification Act in developing

effective comprehensive local emergency response plans serve to

protect the health, safety, and welfare of the citizens and the

environment of this state. The Legislature, in addition, finds that

potential exposure to liability has a detrimental effect on the

participation of the individuals on local emergency planning

committees and that in order for these local emergency planning

committees to function effectively, individuals serving on such

committees shall be exempt from civil liability, except as otherwise

provided by the Oklahoma Hazardous Materials Planning and

Notification Act, for any act or omissions made in the performance

of their official duties which resulted in direct or proximate harm

to any person or property.

B. 1. Any individual serving on a local emergency planning

committee pursuant to appointment by the Oklahoma Hazardous

Materials Emergency Response Commission, any duly authorized

alternate member to a local emergency planning committee shall be

exempt from civil liability for any acts or omissions made in the

performance of their official duties which resulted in the direct or

proximate harm or injury to any person or property.

2. The immunity provided by this subsection shall only extend

to the acts or omissions of the individual while serving in their

designated, official capacity.

3. The immunity provided by this subsection shall not extend to

intentional torts or grossly negligent acts or omissions of such

individual or to the extent specifically stated in the federal

Superfund Amendments and Reauthorization Act.

4. Any action taken by an individual serving on the committee

within the scope of his authority pursuant to the provisions of the

Oklahoma Hazardous Materials Planning and Notification Act shall be

deemed to be the actions of the individual as a member of the

committee and not the actions of such individual as a representative

of the group or organization nominating such individual.

5. The nomination of any individual to serve on the committee

by any group or organization specified in subsection G of Section

689.1 of this title shall not subject such group or organization to

any civil liability as a result of such nomination.
Okla. Stat. tit. 27A, § 27A-3-5-101 — OK Code / Title 27A / Section 27A-3-5-101
Short title - Legislative findings and intent
Status: in_force

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

Carbon Capture and Geologic Sequestration Act”.

B. It is the intent of the Legislature that:

1. Efforts to capture, purify, compress, transport, inject, and

store or sequester carbon dioxide will enhance the production of oil

and natural gas in the state, further the development and production

of natural resources in the state, and provide opportunities for

economic growth and development for the state; and

2. In accordance with the Oklahoma Carbon Capture and Geologic

Sequestration Act, the Corporation Commission shall regulate all

aspects of such process, including being responsible for making any

necessary findings concerning the suitability of the reservoir

targeted for carbon sequestration, whether its use for such purpose

is in the public interest, and the impact of that use on the oil,

gas, coal-bed methane and mineral brine resources in this state.
Okla. Stat. tit. 27A, § 27A-2-10-302 — OK Code / Title 27A / Section 27A-2-10-302
Disclosure statement upon application - Revocation,
Status: in_force

or refusal to issue, amend, modify, renew or transfer permit -

Failure to disclose or stating false information - Penalty.

A. 1. Except as provided in paragraph 2 of this subsection,

all applicants for the issuance or transfer of any solid waste

permit, license, certification or operational authority shall file a

disclosure statement with their applications.

2. If the applicant is a publicly held company required to file

periodic reports under the Securities and Exchange Act of 1934, or a

wholly owned subsidiary of a publicly held company, the applicant

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 237

shall not be required to submit a disclosure statement, but shall

submit the most recent annual and quarterly reports required by the

Securities and Exchange Commission, which provide information

regarding legal proceedings in which the applicant has been

involved. The applicant shall submit such other information as the

Department of Environmental Quality may require pursuant to this

section that relates to the competency, reliability, or

responsibility of the applicant and affiliated persons.

B. The Department is authorized to revoke or to refuse to

issue, amend, modify, renew or transfer a permit for the disposal of

solid waste from or to any person or an affiliated person who:

1. Is not, due solely to the applicant's actions or inactions,

in substantial compliance with any final agency order or final order

or judgment of a court of record secured by the Department issued

pursuant to the provisions of the Oklahoma Solid Waste Management

Act; or

2. Is not in substantial compliance with any final agency order

or final order or judgment of a court of record secured by any state

or federal agency, as determined by that agency, relating to the

storage, transfer, transportation, treatment or disposal of any

solid waste; or

3. Has evidenced a history of a reckless disregard for the

protection of the public health and safety or the environment

through a history of noncompliance with state or federal

environmental laws, including without limitation the rules of the

Department, regarding the storage, transfer, transportation,

treatment or disposal of any solid or hazardous waste.

C. The application shall be signed under oath by the applicant.

D. The Department may suspend or revoke a permit issued

pursuant to the Oklahoma Solid Waste Management Act to any person

who has failed to disclose or states falsely any information

required pursuant to the provisions of this section.

E. Any person who willfully fails to disclose or states falsely

any such information, upon conviction, shall be guilty of a Class D1

felony offense and shall be punished by imprisonment as provided for

in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or a fine of not more than One Hundred Thousand

Dollars ($100,000.00), or both such fine and imprisonment.

F. Noncompliance with a final agency order or final order or

judgment of a court of record which has been set aside by a court on

appeal of such final order or judgment shall not be considered a

final order or judgment for the purposes of this section.
Okla. Stat. tit. 27A, § 27A-1006 — OK Code / Title 27A / Section 27A-1006
Renumbered as § 2-6-206 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-3-3-404 — OK Code / Title 27A / Section 27A-3-3-404
County funds may be appropriated
Status: in_force

In those counties of the state which contain in whole or in part

a conservation district, the county excise board may, at it

discretion, upon request of the directors of such conservation

district, appropriate money from the county general fund for use by

the district or districts serving the particular county from which

the appropriation is made.
Okla. Stat. tit. 27A, § 27A-1005 — OK Code / Title 27A / Section 27A-1005
Renumbered as § 2-6-205 of this title by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-12-101 — OK Code / Title 27A / Section 27A-2-12-101
Short title
Status: in_force

Sections 1 through 11 of this act shall be known and may be

cited as the "Oklahoma Lead-based Paint Management Act".
Okla. Stat. tit. 27A, § 27A-2-6-403.1 — OK Code / Title 27A / Section 27A-2-6-403.1
Inspections of existing sewage disposal systems
Status: in_force

The Department of Environmental Quality shall not require a

departmental inspection of an existing individual sewage disposal

system prior to a service connection to a public water supply

system.
Okla. Stat. tit. 27A, § 27A-1-1-203 — OK Code / Title 27A / Section 27A-1-1-203
State environmental agencies - Establishment of rules
Status: in_force

for issuance or denial of permits or licenses and complaint

resolution.

A. Each state environmental agency and each state agency with

limited environmental responsibilities, within its areas of

environmental jurisdiction, shall promulgate, by rule, time periods

for issuance or denial of permits and licenses that are required by

law. Any such matter requiring an individual proceeding shall be

resolved in accordance with the rules of the agency and any

applicable statutes. The rules shall provide that such time periods

shall only be extended by agreement with the licensee or permittee

or if circumstances outside the agency's control prevent that agency

from meeting its time periods. If the agency fails to issue or deny

a permit or license within the required time periods because of

circumstances outside of the agency's control, the agency shall

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 18

state in writing the reasons such licensing or permitting is not

ready for issuance or denial.

B. 1. Each state environmental agency and each state agency

with limited environmental responsibilities shall promulgate rules

establishing time periods for complaint resolution as required by

law.

2. Complaints received by any state environmental agency or

state agency with limited environmental responsibilities concerning

a site or facility permitted by or which clearly falls within the

jurisdiction of another state environmental agency or state agency

with limited environmental responsibilities shall be immediately

referred to the appropriate agency for investigation and resolution.

Such investigation shall be made by the appropriate division and

employees of the appropriate agency.

C. Any person, as defined in Section 2-1-102 of this title, who

performs environmental investigation or remediation work which is

regulated by the Corporation Commission, must first receive a

license for performing investigative or remediation work from the

Corporation Commission.
Okla. Stat. tit. 27A, § 27A-2-7-304 — OK Code / Title 27A / Section 27A-2-7-304
Creation of fund - Status - Expenditures - Purpose -
Status: in_force

Control and management - Use - Emergencies.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 200

A. There is hereby created in the State Treasury a special fund

for the Department to be designated as the "Hazardous Waste Fund".

This fund shall consist of monies transferred to it from funds

appropriated to the Department for this purpose and from other

sources as provided by law. The fund shall be a continuing fund not

subject to fiscal year limitations. Expenditures from the Hazardous

Waste Fund shall be made upon warrants issued by the State Treasurer

against claims submitted to the Director of the Office of Management

and Enterprise Services for approval and payment. The fund shall be

for the purpose of protecting public health and safety as prescribed

in the Hazardous Waste Management Act and for providing basic

emergency response training and protective equipment and for

response or remediation activities authorized in subsection F of

Section 2-7-121 of this title. The Department is authorized, upon

the request of a municipality or county, to assist such municipality

or county in the development of emergency response plans. The fund

shall be under the control and management of the administrative

authority of the Department. Pursuant to the provisions of the

Hazardous Waste Fund Act, the Department is authorized to determine

the manner in which such fund is to be used. The Department of

Public Safety and the Department of Civil Emergency Management are

authorized and directed to assist and cooperate with the Department

in the performance of its duties under the Hazardous Waste Fund Act.

B. Hazardous waste fees paid into the Department of

Environmental Quality Revolving Fund pursuant to the Hazardous Waste

Management Act may be transferred to the Hazardous Waste Fund.
Okla. Stat. tit. 27A, § 27A-2-7-103 — OK Code / Title 27A / Section 27A-2-7-103
Definitions
Status: in_force

As used in the Oklahoma Hazardous Waste Management Act:

1. "Affected property owners" means all real property owners

within one (1) mile of the outer perimeter of a proposed hazardous

waste site;

2. "Affiliated person" means:

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

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

key manager who directs the operations of the site or

facility which is the subject of the application, and

c. any person owning or controlling more than five

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

3. "Council" means the Hazardous Waste Management Advisory

Council;

4. "Demonstrated pattern of prohibited conduct" means a series

of conduct of the same or like character in violation of state or

federal environmental laws which, as a result of the applicant's or

affiliated person's reckless disregard thereof, actually endangers,

or reasonably has the potential to endanger, human health or the

environment;

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

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 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 on-going 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 facility

regulation,

d. a listing and explanation of any administrative, civil

or criminal legal actions against the applicant or any

affiliated person which resulted in a final agency

order or final judgment by a court of record

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 164

including, but not limited to, final orders or

judgments on appeal in the ten (10) years immediately

preceding the filing of the application relating to

the generation, transportation, storage, treatment,

recycling or disposal of "hazardous waste" as defined

by the Oklahoma Hazardous Waste Management Act or by

the United States Environmental Protection Agency

pursuant to the Federal Resource Conservation and

Recovery Act. Such actions shall include, without

limitation, any permit denial or any sanction imposed

by a state regulatory authority or the United States

Environmental Protection Agency, and

e. a listing of any federal environmental agency and any

state environmental agency outside this state that has

or has had regulatory responsibility over the

applicant;

6. "Disposal" means the final disposition of hazardous waste;

7. "Disposal site" means the location where any final

disposition of hazardous waste occurs. Disposal sites include but

are not limited to injection wells and surface disposal sites;

8. "Guarantor" means any person other than the owner or

operator, who provides evidence of financial responsibility for an

owner or operator pursuant to the Oklahoma Hazardous Waste

Management Act;

9. "Hazardous waste" means waste materials and byproducts,

either solid or liquid or containerized gas, which are:

a. to be discarded by the generator or recycled,

b. toxic to human, animal, aquatic or plant life, and

c. generated in such quantity that they cannot be safely

disposed of in properly operated, state-approved solid

waste landfills or waste, sewage or wastewater

treatment facilities.

The term "hazardous waste" may include but is not limited to

explosives, flammable liquids, spent acids, caustic solutions,

poisons, containerized gases, sludges, tank bottoms containing heavy

metallic ions, toxic organic chemicals, and materials such as paper,

metal, cloth or wood which are contaminated with hazardous waste.

The term "hazardous waste" shall not include domestic sewage;

10. "Hazardous waste facility" means and includes storage and

treatment facilities and disposal sites;

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

applicant or affiliated persons which clearly indicate a reckless

disregard for environmental regulation or demonstrate a pattern of

prohibited conduct which could reasonably be expected to result in

endangerment to human health or the environment 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;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 165

12. "Multi-user on-site treatment facility" means a treatment

facility for hazardous waste generated by the co-owners of the

facility and which meets the criteria specified by the Oklahoma

Hazardous Waste Management Act;

13. "Off-site treatment, storage, recycling or disposal" means

the treatment, storage, recycling or disposal at a hazardous waste

facility of hazardous waste not generated by the owner of the

facility;

14. "On-site treatment, storage, recycling or disposal" means

the treatment, storage, recycling or disposal at a hazardous waste

facility of hazardous waste generated by the owner of the facility;

15. "Person" means any individual, corporation, industry, firm,

partnership, association, venture, trust, institution, federal,

state or local governmental instrumentality, agency or body or any

other legal entity however organized;

16. "Recycling" means the reuse, processing, treating,

neutralizing or rerefining of hazardous waste into a product which

is being reused or which has been sold for beneficial use.

Hazardous waste which is intended for fuel is not deemed to be

recycled until it is actually burned;

17. "Regeneration" or "regenerated" means the regeneration of

spent activated carbon to render it reusable, and any treatment,

storage or disposal associated therewith;

18. "Site" or "proposed site" means the surface area of a

disposal site, or other hazardous waste facility, as applied for in

the application for a permit for the facility;

19. "Storage facility" means any location where the temporary

holding of hazardous waste occurs, including any tank, pit, lagoon,

pond, or other specific place or area;

20. "Treatment" means the detoxification, neutralization,

incineration or biodegradation of hazardous waste in order to remove

or reduce its harmful properties or characteristics; and

21. "Treatment facility" means any location where treating or

recycling of hazardous waste occurs.
Okla. Stat. tit. 27A, § 27A-2-11-603 — OK Code / Title 27A / Section 27A-2-11-603
Definitions
Status: in_force

As used in the Oklahoma Computer Equipment Recovery Act:

1. "Brand" means symbols, words, or marks that identify a

covered device, rather than any of its components;

2. "Consumer" means any occupant of a single detached dwelling

unit or a single unit of a multiple dwelling unit who has used a

covered device primarily for personal or home business use;

3. "Covered device" means a desktop or notebook computer, or

computer monitor which is no longer of use to a consumer. Covered

device does not include a television, any part of a motor vehicle, a

personal digital assistant (PDA), a telephone, or a medical device

that contains a video display device;

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

5. "Desktop computer" means an electronic, magnetic, optical,

electrochemical, or other high-speed data-processing device

performing logical, arithmetic, or storage functions, but does not

include an automated typewriter or typesetter. A desktop computer

has a main unit that is intended to be located in a permanent

location, often on a desk or on the floor. A desktop computer is

not designed for portability and generally utilizes an external

monitor, keyboard, and mouse;

6. "Manufacturer" means a person:

a. who manufactures or manufactured covered devices under

a brand that the manufacturer owns or owned or is or

was licensed to use, other than a license to

manufacture covered devices for delivery exclusively

to or at the order of the licensor,

b. who sells or sold covered devices manufactured by

others under a brand that the seller owns or owned or

is or was licensed to use, other than a license to

manufacture covered devices for delivery exclusively

to or at the order of the licensor,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 290

c. who manufactures or manufactured covered devices

without affixing a brand,

d. who manufactures or manufactured covered devices to

which is or was affixed a brand that the manufacturer

neither owns or owned nor is or was licensed to use,

or

e. for whose account covered devices, manufactured

outside the United States, are or were imported into

the United States. If at the time such covered

devices are or were imported into the United States

another person has offered to collect such covered

devices under a recovery plan pursuant to subsection C

of Section 5 of this act, this subparagraph shall not

apply.

To be subject to the provisions of this act, a manufacturer must

produce, sell or import covered devices in an amount exceeding fifty

units per year;

7. "Notebook computer" means an electronic, magnetic, optical,

electrochemical, or other high-speed data-processing device

performing logical, arithmetic, or storage functions, but does not

include a portable handheld calculator, or a portable digital

assistant;

8. "Person" means any individual, business entity, partnership,

limited liability company, corporation, not-for-profit corporation,

association, governmental entity, public benefit corporation or

public authority;

9. "Recover" means to reuse or recycle;

10. "Recoverer" means a person or entity that reuses or

recycles;

11. "Retailer" means a person that owns or operates a business

that sells covered devices directly to a consumer, whether or not

the seller has a physical presence in this state;

12. "Sell" or "sale" means any transfer for consideration of

title including, but not limited to, transactions conducted through

sales outlets, catalogs, or the Internet or any other similar

electronic means, but does not include leases; and

13. "Television" means any telecommunication system device that

can receive moving pictures and sound broadcast over a distance, and

includes a television tuner or a display device peripheral to a

computer that contains a television tuner.
Okla. Stat. tit. 27A, § 27A-2-2-102 — OK Code / Title 27A / Section 27A-2-2-102
Renumbered as § 2-10-308 of this title by Laws 1994,
Status: in_force

c. 353, § 41, eff. July 1, 1994.
Okla. Stat. tit. 27A, § 27A-2-7-118 — OK Code / Title 27A / Section 27A-2-7-118
Facilities that recycle hazardous waste - Permit
Status: in_force

requirements, exemption.

Facilities that recycle hazardous waste shall be exempt from

subsection C of Section 2-7-113.1 and Section 2-7-115 of this title

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 184

with regard to those units exclusively used in the recycling

process. Off-site hazardous waste recycling facilities are subject

to the requirements specified by the Oklahoma Hazardous Waste

Management Act, the Oklahoma Uniform Environmental Permitting Act,

and rules promulgated thereunder, for a permit, and shall also meet

design standards as promulgated by the Board. Such recycling

facilities which were in existence on July 1, 1990, may but shall

not be required to file a permit application pursuant to the

provisions of the Oklahoma Hazardous Waste Management Act. A permit

modification is not required for a permitted recycling facility to

use new, improved, or better methods of recycling if the Department

has approved the plans as being environmentally acceptable. An

approved class 1 permit modification shall be required for a

permitted recycling facility to increase the capacity of its

recycling units or add new or different recycling units.
Okla. Stat. tit. 27A, § 27A-4-2-104 — OK Code / Title 27A / Section 27A-4-2-104
Member agencies - Annual budgets
Status: in_force

Each member agency, in cooperation with the Oklahoma Hazardous

Material Emergency Response Commission, shall prepare an annual

budget for the implementation and administration of its respective

Commission responsibilities, and submit the same as an inclusion in

its agency budget to the Oklahoma Legislature for appropriations to

cover the costs of performance of the requirements of the Oklahoma

Hazardous Materials Planning and Notification Act.
Okla. Stat. tit. 27A, § 27A-2-3-505 — OK Code / Title 27A / Section 27A-2-3-505
Fraud or misrepresentation - Additional penalties
Status: in_force

In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification in, or omits material data from, any application for a

permit, license, certificate or other authorization, or any notice,

analyses or report required by this Code, rules promulgated

thereunder or any permit, license, certificate or other

authorization issued pursuant thereto, or knowingly misrepresents or

omits material data in such report to any person relying on such

report or who alters any sample or knowingly renders inaccurate any

monitoring device or method required to be maintained by such Code,

rules, permits, licenses, certificates or authorization, or with

regard to owners and employees of laboratories certified by the

Department, misrepresents or omits material data from any report or

analyses submitted to any person relying on such data because of the

laboratory's certification shall, upon conviction, be guilty of a

misdemeanor and may be subject to a fine of not more than Five

Thousand Dollars ($5,000.00) for each such violation.
Okla. Stat. tit. 27A, § 27A-2-7-123 — OK Code / Title 27A / Section 27A-2-7-123
Permit issuance notice - Notice of remediation or
Status: in_force

related action taken - Interference with remediation – Good

Samaritan protections and immunities.

A. Upon issuance of any permit issued pursuant to the

requirements of the Oklahoma Hazardous Waste Management Act, the

Department of Environmental Quality shall file or cause to be filed

a recordable notice of the permit in the land records of the county

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 190

in which the site is located. The notice shall contain the legal

description of the site as well as the terms under which the permit

was issued.

B. The Department shall file or cause to be filed a recordable

notice of remediation or related action taken pursuant to the

federal Comprehensive Environmental Response, Compensation and

Liability Act in the land records of the county in which the site is

located. The notice shall contain a legal description of the

affected property and shall identify all engineering controls used

to ensure the effectiveness of the remediation.

C. The Department shall file or cause to be filed a recordable

notice of remediation or related action in the county where the

property is located when remediation of contaminated property to

risk-based standards is performed pursuant to this subsection or

subsection F of this section under an order of or a remediation plan

approved by the Department. The notice shall contain a legal

description of the affected property and shall identify all

engineering or other controls used to ensure the effectiveness of

the remediation.

D. The notices required in subsections B and C of this section

shall also contain a prohibition against engaging in any activities

that cause or could cause damage to the remediation or the

engineering controls, or recontamination of the soil or groundwater.

The notices shall also contain any appropriate restrictions on land

use or other activities that are incompatible with the cleanup

level, including, but not limited to, restrictions against

increasing the amount or extent of contamination or using

groundwater for drinking or irrigation purposes or redeveloping the

land for residential use. Any person who damages or interferes with

the remediation, the engineering controls, or continuing operation,

maintenance or monitoring of the site or who increases the amount or

extent of contamination is liable to repair the damage, remedy the

interference, or remediate the contamination, or for costs incurred

by the Department in doing so. The Department may take

administrative or civil action to recover costs or to compel

compliance with this subsection, including but not limited to

administrative penalties pursuant to the Oklahoma Hazardous Waste

Management Act.

E. Any notice filed pursuant to this section shall run with the

land. It may not be extinguished, limited, or impaired by

application of the provisions of Sections 71 through 85 of Title 16

of the Oklahoma Statutes or the Uniform Unclaimed Property Act.

F. An eligible person may be entitled to protections and

immunities as a voluntary "Good Samaritan" as provided in this

subsection after meeting all eligibility requirements and compliance

with an order or a detailed written plan of the proposed voluntary

reclamation project or water pollution abatement project. The

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 191

person seeking "Good Samaritan" status under this subsection shall

submit a plan to be approved by the Department and to be implemented

at a historical or orphaned mining site or other approved site

within the State of Oklahoma. The approved plan must demonstrate

that the activities conducted under the plan will accelerate a

partial or complete CERCLA-like cleanup and will result in

environmental improvement.

1. The activities of an eligible person volunteering to conduct

a project under this subsection shall not duplicate or interfere

with remedial actions being taken or overseen by a responsible party

or a state or federal agency at the site.

2. The Department may require evidence of the Good Samaritan's

financial ability to complete the proposed project.

3. No eligible person shall be liable for costs or damages or

be subject to administrative or civil liabilities or penalties as a

result of actions taken or omitted in the course of rendering

voluntary care, assistance or advice while conducting a project

under this section if the project is implemented and completed in

accordance with the approved plan.

4. The immunities provided in this subsection shall not apply

to any person:

a. whose act or omission caused in whole or in part such

actual or threatened pollution or who would otherwise

be liable therefor under state or federal law,

b. who receives compensation other than reimbursement for

out-of-pocket expenses for services in rendering such

assistance or advice,

c. whose act or omission constitutes gross negligence or

reckless, wanton or intentional misconduct, or

d. who discharges pollutants without a required National

Pollutant Discharge Elimination System (NPDES) permit

except at a historical or orphaned mining site or

other site approved by the Department's Executive

Director prior to commencement of work on the project.
Okla. Stat. tit. 27A, § 27A-2-6-305 — OK Code / Title 27A / Section 27A-2-6-305
Waterworks - Filing of plans and surveys
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 148

Every person supplying or authorized to supply water to the

public shall file with the Department a certified copy of the plans

and surveys of the waterworks, with a description of the source from

which the water supply is derived. No additional source of supply

or well shall thereafter be used without a written permit from the

Department.
Okla. Stat. tit. 27A, § 27A-2-10-401 — OK Code / Title 27A / Section 27A-2-10-401
Sludge defined
Status: in_force

For purposes of this part, "sludge" means solid waste that is a

nonhazardous solid, semi-solid, or liquid residue generated by the

treatment of domestic sewage or wastewater by a treatment works or

water by a water supply system, or such residue, treated or

untreated, which results from commercial, agricultural or

agribusiness activities or industrial or manufacturing processes and

which is subject to the jurisdiction of the Department.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 240
Okla. Stat. tit. 27A, § 27A-2-12-201 — OK Code / Title 27A / Section 27A-2-12-201
Promulgation of rules by Environmental Quality Board
Status: in_force

- Consistency with federal law.

A. The Environmental Quality Board shall promulgate rules

governing lead-based paint services which will:

1. Enable any lead-based paint contractor meeting the standards

and criteria established by the Board, including satisfactory

completion of required training in applicable courses offered by

Department of Environmental Quality-accredited training providers

and programs or an out-of-state provider or program recognized and

approved by the Department, to become certified by the Department;

2. Require that any lead-based paint reduction contractor,

inspector or hazard evaluator or specialist performing or offering

to perform lead-based paint services on target housing or child-

occupied facilities is certified prior to the performance of any

such service;

3. Ensure that persons holding themselves out to be certified

lead-based paint contractors or certified lead-based paint

specialists have been certified as such by the Department; and

4. Provide for accreditation of approved training providers and

programs located in this state.

B. Such rules shall:

1. Contain standards for performing lead-based paint activities

taking into account reliability, effectiveness and safety;

2. Contain specific requirements for the accreditation of lead-

based paint training programs and the instructors of such programs

including, but not limited to:

a. minimum requirements for the accreditation of training

providers,

b. minimum training curriculum requirements,

c. minimum training hour requirements,

d. minimum hands-on training requirements,

e. minimum trainee competency and proficiency

requirements, and

f. minimum requirements for training program quality

control;

3. Set training requirements for certified lead-based paint

contractors and lead-based paint specialists and require that such

training be provided by Department-accredited training providers and

programs, or by out-of-state providers and programs recognized and

approved by the Department. Such requirements shall allow for

differences in the training needs of such contractors and

specialists in lead-based paint services in target housing and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 300

child-occupied facilities and in applicable state and municipal

regulatory waste disposal requirements;

4. Provide that training requirements applicable to lead-based

paint specialists establish minimum acceptable levels of training

and periodic refresher training for each class of specialists;

5. Require that all lead-based paint training programs shall

include, but not be limited to, a hands-on component and instruction

on the health effects of lead exposure, the use of personal

protective equipment, workplace hazards and safety problems,

reduction and abatement methods and work practices, decontamination

procedures, cleanup and waste disposal procedures, lead monitoring

and on-site testing methods, and legal rights and responsibilities;

6. Set forth requirements for certification of lead-based paint

contractors and specialists. Such requirements shall include, but

are not limited to, applications therefor, bonding and education,

training, examination and experience prerequisites;

7. Establish a system of training for all personnel who render

review and inspection services for the Department in order to assure

uniform statewide application of rules; and

8. Identify guidelines, based on federal regulations, for the

determination of adverse human health effects posed by lead-based

paint hazards.

C. Rules promulgated by the Board shall not apply to railroad

bridges owned or leased by a railroad.

D. 1. The Board shall establish a system of nonrefundable fees

to be charged for certification of lead-based paint contractors and

specialists, accreditation of approved Oklahoma training programs

and training providers, recognition and approval of out-of-state

accredited training programs and training providers, any training or

other program related to lead-based paint services conducted by the

Department, and for services rendered by the Department in

connection with such certification, accreditation, recognition and

approval, and programs.

2. The Board shall base its schedule of fees upon the costs of

services provided.

3. The state and political subdivisions thereof, shall be

exempt from any certification fees required by rules of the Board if

an affidavit is filed with the Department stating that the applicant

is employed by the state or political subdivision thereof and shall

only be performing lead-based paint services for the state or

political subdivision employer. Any such employee who performs or

offers to perform lead-based paint services as a certified lead-

based paint contractor or specialist for persons other than his or

her state or political subdivision employer shall be subject to

certification fees upon such performance or offer.

E. Any rules promulgated by the Board shall be consistent with

federal laws and regulations relating to lead-based paint services

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 301

specified by the Residential Lead-based Paint Hazard Reduction Act

of 1992, 42 U.S.C. 4851 et seq., Public Law No. 102-550, to ensure

consistency in regulatory action. Such rules shall not be more

restrictive than corresponding federal regulations unless such

stringency is specifically authorized by this article. The Board

shall have the right to revise its rules and procedures from time to

time to assure that lead-based paint projects continue to be

eligible for federal funding by meeting the state certification

program standards and other requirements that may from time to time

be promulgated by federal agencies that have jurisdiction over lead-

based paint hazards.
Okla. Stat. tit. 27A, § 27A-2-7-110 — OK Code / Title 27A / Section 27A-2-7-110
Liquid hazardous waste - Certain disposal prohibited
Status: in_force

- Exceptions.

A. The Department shall not issue a permit for the treatment,

disposal or temporary storage of any liquid hazardous waste in a

surface impoundment which is not generated by the owners of the

surface impoundment.

B. Except as otherwise specifically provided by law, the

disposal of any liquid hazardous waste in a landfill or in a surface

impoundment is prohibited.

C. The provisions of this section shall not prohibit:

1. The practice of soil farming of hazardous waste authorized

by the provisions of the Oklahoma Hazardous Waste Management Act;

2. The construction and operation of surface impoundments

solely for the collection of rainfall runoff; or

3. The construction of impoundments solely for the emergency

retention of spills of substances which are or may become hazardous

waste;

provided all liquids and associated solids are removed for proper

treatment or disposal in accordance with the rules promulgated by

the Board pursuant to the Oklahoma Hazardous Waste Management Act.
Okla. Stat. tit. 27A, § 27A-2-12-202 — OK Code / Title 27A / Section 27A-2-12-202
Department of Environmental Quality - Official state
Status: in_force

agency designation - Power and duty.

A. The Department of Environmental Quality is hereby designated

as the official agency of this state for purposes of cooperating

with, and implementing the state lead-based paint reduction and

regulation program under the jurisdiction of, the federal

Environmental Protection Agency.

B. In addition to authority under the Oklahoma Environmental

Quality Code, the Department shall have the power and duty to:

1. Issue, renew, reactivate and renew, reinstate, modify,

suspend, revoke, or refuse to issue, renew, reactivate and renew,

reinstate, or modify certification pursuant to the provisions of the

Oklahoma Lead-based Paint Management Act;

2. Cooperate with others in facilitating the development of

educational and training programs, examinations, and community

outreach materials, and cooperate with those who conduct educational

and training programs or prepare materials related to lead-based

paint activities and associated subjects;

3. Conduct, and determine the criteria for the successful

completion of, certification examinations and provide for the

confidentiality of examinations and individual scores;

4. Issue, renew, reinstate, modify, suspend, revoke, or refuse

to issue, renew, reinstate, or modify accreditation to lead-based

paint training programs and the providers of such programs, and

recognize and approve out-of-state training programs and providers;

5. Enforce the provisions of this article, rules promulgated

thereunder, and orders, accreditations and certifications issued

pursuant thereto;

6. Collect and analyze samples to determine the presence and

condition of lead-based paint as necessary for the enforcement of

this article;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 302

7. Convene and coordinate an interagency task force which shall

meet on a regular basis to exchange information regarding lead

poisoning prevention and lead-hazard control matters;

8. Establish liaison with other states having a state

certification program to assure consistency of program requirements,

in order to facilitate reciprocity of certification and

accreditation among the several states;

9. Make and enter into all contracts and agreements necessary

or incidental to the performance of the Department's duties and the

execution of its powers pursuant to the Oklahoma Lead-based Paint

Management Act including, but not limited to, contracts with the

United States, other states, agencies and political subdivisions of

this state;

10. Accept grants from the United States government, its

agencies and instrumentalities, and any other source. To these

ends, the Department shall have the power to comply with such

conditions and execute such agreements as may be necessary and

desirable; and

11. Otherwise exercise all incidental powers as necessary and

proper to implement and enforce the provisions of the Oklahoma Lead-

based Paint Management Act and the rules of the Board promulgated

thereto.
Okla. Stat. tit. 27A, § 27A-2-3-105 — OK Code / Title 27A / Section 27A-2-3-105
Pollution Prevention Program - Creation
Status: in_force

A Pollution Prevention Program within the Department of

Environmental Quality is hereby authorized.
Okla. Stat. tit. 27A, § 27A-3-2-108 — OK Code / Title 27A / Section 27A-3-2-108
Wetlands Management Strategy - Exclusive jurisdiction
Status: in_force

- Contents - Submission to Legislature and other officials.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 344

A. The Commission is hereby given exclusive jurisdiction to

prepare a Wetlands Management Strategy for the State of Oklahoma.

The Strategy shall:

1. Define wetlands;

2. Enumerate their beneficial uses;

3. Identify and inventory wetlands within this state;

4. Recommend measures to mitigate losses of wetlands;

5. Provide measures to protect wetlands; and

6. Define standards for critical wetlands and measures to

ensure protection of property rights of landowners.

B. Upon completion, the Conservation Commission is to forward

the Wetlands Management Strategy for the State of Oklahoma and to

submit said Strategy to the President Pro Tempore of the Oklahoma

Senate, the Speaker of the Oklahoma House of Representatives, and to

the Secretary of the Environment or successor secretary position.
Okla. Stat. tit. 27, § 27-2 — OK Code / Title 27 / Section 27-2
Condemnation procedure for state lands
Status: in_force

Before any public corporation, municipality or other entity or

person authorized to exercise the right of eminent domain under

existing law, shall have the right to condemn or take any part of

such lands, a plat of the grounds proposed to be taken, showing the

part of the particular subdivision, shall be prepared and filed with

the Governor of said state, together with a sworn statement of the

engineer or superintendent in charge of such public work, that the

taking of such lands is necessary to the exercise of the powers of

such municipality or corporation; and it shall be the duty of the

Governor to appoint three disinterested persons, resident

householders of the county in which such land is located, who shall

first take an oath to fairly and impartially appraise the value of

the ground so taken, and the damage to the remaining parts of such

subdivision by the taking thereof, and the said appraisers shall

notify the Governor and the officers of such corporation of the time

and place when they will proceed to appraise such damage, and at

such time and place, upon actual view of the premises, the said

appraisers shall meet and appraise the damage, in writing, and

return one copy thereof under their signatures to the Governor of

the state, and one copy to the principal officer of such corporation

or municipality in charge of such construction, and if either party

is aggrieved they may, within ten (10) days, appeal to the district

court of the county where such land is located, in the same manner

that appeals are taken from judgment of justices of the peace, where

the amount of such damage shall be tried by a jury, as other causes

are tried. In case no appeal is taken from the award of such

appraisers, such corporation or municipality shall have the right to

occupy such grounds by the paying into the State Treasury the amount

of such award. In case either party appeals, such corporation or

municipality shall have the right to occupy such grounds upon giving

bond in treble the amount of the award, with sureties to be approved

by the clerk of the district court where such appeal is pending, to

the effect that the corporation or municipality will pay said award

Oklahoma Statutes - Title 27. Eminent Domain Page 2

if such appeal be dismissed, or shall pay any judgment finally

rendered in said action if the same shall be tried.

R.L. 1910, § 3184.
Okla. Stat. tit. 27A, § 27A-2-6-501.4 — OK Code / Title 27A / Section 27A-2-6-501.4
Sludge containing heavy metal concentrations
Status: in_force

significantly above normal ranges - Soil and crop studies -

Municipal corrective action plans - Comprehensive study.

A. 1. The Department shall not approve any sludge management

plan or issue any permit for the land application of sludge which

contains heavy metal concentrations significantly above

concentration ranges normal to sludges with demonstrated

effectiveness on Oklahoma soils as determined by the Department.

Rules promulgated by the Board for applications for sludge

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 157

management plans and permits shall require a study of the effects of

the sludge on the various types of soils and crops found at the

location of the proposed sludge application site. Such study shall

encompass the effects of the sludge on the soils and crops during

four (4) growing seasons.

2. Any municipality having a sludge management plan approved

prior to May 25, 1992, for the land application of sludge containing

heavy metal concentrations significantly above acceptable

concentration ranges may discontinue such land application of the

sludge or shall develop a corrective action plan containing a

schedule of compliance for reducing the heavy metal concentration to

an acceptable range. The municipality shall submit the corrective

action plan to the Department for approval. If the Department

disapproves of the plan or the municipality fails to comply with the

plan so approved, the Department may require that any such land

applications of sludge by the municipality be discontinued pursuant

to Article II of the Administrative Procedures Act.

B. For developing statewide criteria for application of sludge

which contains heavy metal concentrations significantly above

concentration ranges normal to sludge, the Department shall utilize

a comprehensive study of the potential adverse effects of such

sludge on the soils of this state completed by a qualified research

institute familiar with the crops and soils of this state. Such

study shall be completed by September 1, 1996, and a report of the

findings shall be delivered to the Governor, the President Pro

Tempore of the Senate, the Speaker of the House of Representatives

and the Executive Director no later than September 1, 1996.
Okla. Stat. tit. 27A, § 27A-2-10-205.1 — OK Code / Title 27A / Section 27A-2-10-205.1
Recycling - Protection from unnecessary and
Status: in_force

burdensome regulation.

A. To further the goals promoted in the Oklahoma Recycling

Initiative, Section 2-10-205 of this title, it is necessary to

protect recycled material and the businesses who handle it from

unnecessary and burdensome regulation. To prevent such impediments:

1. The generator of recoverable materials shall retain

ownership of those materials until the generator donates or sells

those materials to another entity. Units of government shall not

require such a generator to convey, donate or sell recoverable

materials to that government or to a designated facility, nor

restrict such a generator's right to donate or sell recoverable

materials to any other entity; and

2. The ownership of recoverable materials is transferred to the

operator of a recoverable collection program at the time such

materials are placed into a container provided by the operator for

the collection of such materials. If the operator is operating

under a contract with and on behalf of a unit of government, the

terms of the contract shall determine the ownership of the

recoverable materials.

B. No provision of this section shall be construed to prevent

units of government from requiring generators of recoverable

materials under their jurisdiction to separate recoverable materials

for recycling collection.
Okla. Stat. tit. 27A, § 27A-2-3-107 — OK Code / Title 27A / Section 27A-2-3-107
Pollution Prevention Program - Duties - Authority -
Status: in_force

Award and recognition program - Confidentiality - Funding.

A. It shall be the duty of the Pollution Prevention Program

within the Department of Environmental Quality to create a

cooperative partnership among the business community,

municipalities, agencies of the state, the environmental community

and the Department of Environmental Quality and all other state

environmental agencies in which technical assistance, outreach, and

education activities are coordinated and conducted to achieve

pollution prevention, waste minimization and source reduction.

B. The Pollution Prevention Program is hereby authorized to and

may:

1. Encourage and assist facilities using toxic or hazardous

substances to engage in comprehensive pollution prevention planning

and develop measurable performance goals;

2. Offer and provide technical assistance, including audits, to

the users and generators of toxic or hazardous substances; provided,

however, the Program shall not duplicate services readily available

in the private sector;

3. Promote pollution prevention as the preferred means for

achieving compliance with the laws of this state and shall further

encourage all agencies and political subdivisions of the State of

Oklahoma to strongly pursue pollution prevention goals;

4. Promote research in toxics use reduction in order to spur

public and private investment in pollution prevention;

5. Develop and provide curriculum and training on pollution

prevention for students and faculty of educational institutions,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 74

users and generators of toxic or hazardous substances and agencies

of the State of Oklahoma and its political subdivisions;

6. Sponsor and conduct conferences and workshops on pollution

prevention for specific classes of business or industry; and

7. Compile, organize and make information available for

distribution on pollution prevention.

C. The Pollution Prevention Program may develop an award and a

recognition program for the purpose of promoting pollution

prevention activities among businesses and governmental entities.

D. 1. The Pollution Prevention Program shall not make

available to the Department of Environmental Quality information the

Program obtains in the course of providing technical assistance to a

user or generator of toxic or hazardous waste, unless:

a. the user or generator agrees that such information may

be available to the Department,

b. the information is public record information,

c. the information pertains to an imminent threat to

public health or safety, or to the environment, or

d. disclosure to the Department is required by law.

2. The Program shall notify users or generators requesting

technical assistance of these provisions.

3. Any technical assistance or information obtained by the

Program shall not result in any regulatory inspections or other

enforcement actions unless there is a reasonable cause to believe

there exists a clear and imminent threat to the public health or

safety or to the environment.

E. Positions created pursuant to this article compensated with

federal funds shall be contingent upon the procurement of federal

funds and shall be terminated when federal support of those

positions is discontinued.
Okla. Stat. tit. 27A, § 27A-2-11-611 — OK Code / Title 27A / Section 27A-2-11-611
Liability under other laws
Status: in_force

Nothing in this act is intended to exempt any person, firm or

corporate entity from liability otherwise arising under applicable

law.
Okla. Stat. tit. 27A, § 27A-2-7-115 — OK Code / Title 27A / Section 27A-2-7-115
New hazardous waste facility permits - Suitability of
Status: in_force

roads and bridges, upgrading - Notice, grievance procedure.

A. Regarding a permit application for a new hazardous waste

facility, the board of county commissioners of the county in which

the waste facility is located and the board of county commissioners

of any county contiguous to the waste facility, whose roads and

bridges are to be used to provide access to the proposed waste

facility, shall review the county road classification plans as

described in Section 654 of Title 69 of the Oklahoma Statutes and

substantiate whether the county roads and bridges to be used to and

from such hazardous waste facility in their respective counties may

be used without any substantial detriment to said roads and bridges

as provided in Section 14-113 of Title 47 of the Oklahoma Statutes.

If any board of county commissioners finds that substantial

detriment to the roads and bridges in its county would occur, such

board shall determine reasonable measures necessary to upgrade the

roads and bridges and allow the applicant for a hazardous waste

facility to upgrade or pay for the upgrading of such roads and

bridges if the applicant receives a permit.

B. The Department shall not issue a permit for any new

hazardous waste facility unless:

1. Each board of county commissioners, as appropriate pursuant

to subsection A of this section, has substantiated by resolution

that the county roads and bridges as they exist can be used without

any substantial detriment to said roads and bridges as provided by

the restrictions imposed by Section 14-113 of Title 47 of the

Oklahoma Statutes; or

2. The applicant has agreed to upgrade or pay for the upgrading

of the roads and bridges to the reasonable measures determined by

the appropriate board of county commissioners or to the design

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 180

standards established by the Oklahoma Department of Transportation

for industrial access roads.

The Department shall not authorize the operation of the facility

until the necessary upgrades to the roads and bridges have been

made.

C. The Department shall notify the applicable boards of county

commissioners by certified mail, return receipt requested, of the

proposed waste site. Said boards of county commissioners shall have

forty-five (45) days from receipt of such notice to review the

county road classification plan and respond to the Department. The

finding of each board of county commissioners shall be sent to the

Department by certified mail, return receipt requested. Failure to

respond within such forty-five-day response period shall constitute

a finding that the roads and bridges can be used without substantial

detriment and preclude the board of county commissioners failing to

respond from raising the suitability of use of roads and bridges of

the county as set out in subsections A and B of this section at a

later date.

D. Any applicant for a permit aggrieved by the action of the

board of county commissioners pursuant to this section shall have

the right of review by trial de novo in the district court of the

county wherein the board of county commissioners took such action.

E. This section shall apply to any permit application submitted

to the Department on or after May 30, 1985, and to any permit

application submitted before May 30, 1985, for which a permit has

not been issued.