Okla. Stat. tit. 27A, § 27A-2-7-124 — OK Code / Title 27A / Section 27A-2-7-124
Monitoring of closed facility
Status: in_force

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 192

After a hazardous waste facility has been closed, its owner or

operator shall properly maintain and monitor the hazardous waste

facility for a period of time required by rules of the Board and

shall make such repairs or improvements as deemed necessary by the

Department to ensure that no migration of hazardous waste material

will occur from the hazardous waste facility. The rules of the

Board which specify the period of time for maintenance and

monitoring of closed facilities shall be in compliance with the

hazardous waste regulations of the U.S. Environmental Protection

Agency pursuant to the federal Resource Conservation and Recovery

Act.
Okla. Stat. tit. 27A, § 27A-2-3-302 — OK Code / Title 27A / Section 27A-2-3-302
Applications for permits or other authorizations
Status: in_force

A. For permits or other authorizations required pursuant to the

Oklahoma Environmental Quality Code, applicants shall file

applications in the form and manner established by the Department of

Environmental Quality. The Department shall review such

applications as filed and subsequently amended or supplemented. Any

permit issued or authorization granted may include conditions.

B. Permits and other authorizations required pursuant to the

Oklahoma Environmental Code may contain provisions requiring that

operations shall be in compliance with municipal and other local

government ordinances, rules and requirements. A determination or

certification that the operations under the requested permit or

authorization conform or comply with such ordinances, rules or

requirements, the enforcement of which are not within the

jurisdiction or authority of the Department, shall not be considered

by the Department in their review and approval or denial of a permit

or authorization.
Okla. Stat. tit. 27A, § 27A-2-6-104 — OK Code / Title 27A / Section 27A-2-6-104
Purpose and construction
Status: in_force

It is the purpose of this article to provide additional and

cumulative remedies to prevent, abate and control the pollution of

the waters of the state. Nothing herein contained shall be construed

to abridge or alter rights of action or remedies under the common

law or statutory law, criminal or civil; nor shall any provision of

this article, or any act done by virtue thereof, be construed as

estopping the state, or any municipality or person, as riparian

owners or otherwise, in the exercise of their rights under the

common law to suppress nuisances or to abate pollution.
Okla. Stat. tit. 27A, § 27A-3-7-102 — OK Code / Title 27A / Section 27A-3-7-102
Definitions
Status: in_force

As used in the Healthy Soil Program Act:

1. "Champion" means a land manager who is declared a soil

health champion due to the land manager's excellence in applying and

promoting soil health principles, as modeled by the Soil Health

Champions Network of the National Association of Conservation

Districts;

2. "Commission" means the Oklahoma Conservation Commission;

3. "Eligible entity" means a local governmental entity with

proven land management capacity to support healthy soil and

including conservation districts;

4. "Healthy soil" means soil that enhances its continuing

capacity to function as a biological system, increases its organic

matter, and improves its structure and water- and nutrient-holding

capacity;

5. "Program" means the healthy soil program created in this

act;

6. "Soil health principle" means a principle that promotes soil

health in a given environment and includes:

a. keeping soil covered,

b. minimizing soil disturbance on cropland and minimizing

external inputs,

c. maximizing biodiversity,

d. maintaining a living root, or

e. integrating animals into land management, including

grazing animals, birds, beneficial insects, or

keystone species, such as earthworms;

7. "Supported method" means a method that is based upon soil

health principles and is scientifically supported to promote healthy

soil;

8. "Technical assistance" means assistance provided to a farmer

or rancher to achieve the purpose of the Healthy Soil Program Act

and includes outreach, education, financial assistance or assistance

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 386

with project planning, project design, grant applications, project

implementation or project reporting; and

9. "Technical assistance provider" means a local, state,

federal, tribal, or educational entity with demonstrated technical

expertise in designing and implementing agricultural management

practices that contribute to healthy soils and includes a

conservation district, the United States Natural Resources

Conservation Service, the United States Forest Service, the United

States Bureau of Land Management, or the state Forestry Division.
Okla. Stat. tit. 27A, § 27A-4-2-101 — OK Code / Title 27A / Section 27A-4-2-101
Short title
Status: in_force

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

Hazardous Materials Planning and Notification Act".
Okla. Stat. tit. 27A, § 27A-1 — OK Code / Title 27A / Section 27A-1
Renumbered as § 1-1-101 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-6-301 — OK Code / Title 27A / Section 27A-2-6-301
Oklahoma Water Supply Systems Act - Short title
Status: in_force

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

Supply Systems Act".
Okla. Stat. tit. 27A, § 27A-2206 — OK Code / Title 27A / Section 27A-2206
Department of Health to monitor blood lead levels of
Status: in_force

children who remain in affected areas.

The State Department of Health shall carefully monitor the blood

lead levels of children who remain within the most affected area,

with particular attention to those who may take up residence in the

most affected area after the institution of relocation assistance.
Okla. Stat. tit. 27A, § 27A-2-6-901 — OK Code / Title 27A / Section 27A-2-6-901
Penalties - Misdemeanor - Injunctions - Assessment of
Status: in_force

civil penalties.

A. In addition to other penalties as may be imposed by law, any

person who shall violate any of the provisions of, or who fails to

perform any duty imposed by this article, or who violates any rule

promulgated thereunder, or the terms of any order, permit, license

or certification issued thereunder, shall, upon conviction, be

guilty of a misdemeanor and in addition thereto may be enjoined from

continuing such violation. In addition to other penalties or

liabilities as may be imposed by law, violations may be punishable

in civil proceedings by assessment of a civil penalty of not more

than Ten Thousand Dollars ($10,000.00) for each violation or, in

criminal proceedings, by a fine of not less than Two Hundred Dollars

($200.00) and not more than Ten Thousand Dollars ($10,000.00) for

each violation or by imprisonment in the county jail for not more

than six (6) months or by both such fine and imprisonment. Each day

upon which such violation occurs shall constitute a separate

violation.

B. Part 5 of Article III of Chapter 2 of this act shall apply

to violations under this article except when inconsistent with the

provisions of the Oklahoma Pollutant Discharge Elimination System

Act.

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

apply to the Oklahoma Pollutant Discharge Elimination System Act or

hazardous waste injection wells.
Okla. Stat. tit. 27A, § 27A-2-7-307 — OK Code / Title 27A / Section 27A-2-7-307
Report of use and disposition of funds
Status: in_force

The Department shall annually submit a written report on the use

and disposition of the fund to the Oklahoma State Legislature.
Okla. Stat. tit. 27A, § 27A-2-6-701 — OK Code / Title 27A / Section 27A-2-6-701
Underground injection of hazardous and nonhazardous
Status: in_force

liquids - Permit required - Water wells and holes to be constructed

or sealed to avoid pollution.

A. A permit issued by the Executive Director of the Department

of Environmental Quality shall be required for Class I, III, IV and

V injection wells pursuant to the federal Safe Drinking Water Act

and 40 CFR Parts 144 through 148, inclusive, except for:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 161

1. Class V injection wells utilized in the remediation of

groundwater associated with underground and aboveground storage

tanks regulated by the Corporation Commission; and

2. Wells used for the recovery, injection or disposal of

mineral brines as defined in the Oklahoma Brine Development Act

regulated by the Corporation Commission.

B. All water wells, monitoring wells, unused water test wells

and water test holes used or capable of being used as sources of

domestic or public water supply shall be constructed, sealed or

plugged as required by the Department in a manner to avoid pollution

of water-bearing strata.
Okla. Stat. tit. 27A, § 27A-1-3-103 — OK Code / Title 27A / Section 27A-1-3-103
Renumbered as Title 2, § 18.2 by Laws 2004, c. 100, §
Status: in_force

4, eff. July 1, 2004.
Okla. Stat. tit. 27A, § 27A-2-14-303 — OK Code / Title 27A / Section 27A-2-14-303
Public meeting - Procedure
Status: in_force

The Department shall expeditiously schedule and hold a formal

public meeting if the Department receives written timely request for

such meeting, pursuant to the provisions of Section 2-14-302 of this

title, and determines there is a significant degree of public

interest in the draft denial or draft permit.

1. Notice of the meeting shall be given to the public at least

thirty (30) days prior to the meeting date.

2. The public meeting shall be held at a location convenient to

and near the proposed new site or existing facility not more than

one hundred twenty (120) days after the date notice of the draft

denial or draft permit was published.

3. At the meeting, any person may submit oral or written

statements and data concerning the draft permit. Reasonable limits

may be set upon the time allowed for oral statements.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 313

4. The public comment period shall automatically be extended to

the close of the public meeting. Upon good cause shown, the

presiding officer may extend the comment period further to a date

certain by so stating at the meeting.

5. Such meeting shall not be a quasi-judicial proceeding.

6. The applicant or a representative of the applicant shall be

present at the meeting to respond to questions.
Okla. Stat. tit. 27, § 27-9 — OK Code / Title 27 / Section 27-9
Application
Status: in_force

The provisions of this act shall be applicable to the

acquisition of real property under the laws of this state for public

use in any project or program in which federal, state or local funds

are used.
Okla. Stat. tit. 27A, § 27A-3-4-105 — OK Code / Title 27A / Section 27A-3-4-105
Terrestrial and agricultural carbon sequestration
Status: in_force

certification program — Application information.

A. The Oklahoma Conservation Commission is hereby authorized to

establish and administer the terrestrial and agricultural carbon

sequestration certification program. The purposes of the program

are to provide a mechanism for creating and preserving carbon

reserves in this state by encouraging voluntary practices that

protect or improve natural resources, to enable Oklahomans to

participate in market-based programs for natural resource

protection, to provide a mechanism for Oklahomans to benefit from

the ecosystem services they provide, to verify carbon sequestration

or storage associated with terrestrial and agricultural carbon

sequestration practices, and to issue carbon sequestration

certificates associated with terrestrial and agricultural carbon

sequestration practices that the Commission determines qualify for

such certificates.

B. The Commission, in consultation with the Department of

Environmental Quality and with the advice of the terrestrial and

agricultural carbon sequestration stakeholder groups appointed by

the Commission, shall develop and promulgate rules as necessary to

administer, implement, and enforce the provisions of Section 3-4-101

et seq. of this title, including, but not limited to, developing and

implementing uniform standards and criteria for verifying carbon

sequestration and storage associated with terrestrial and

agricultural carbon sequestration practices and issuing carbon

sequestration certificates associated with approved terrestrial and

agricultural carbon sequestration practices. In promulgating the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 367

rules, the Commission shall develop the program to be as consistent

as possible with other governmental programs designed to create

carbon reserves for the purpose of voluntarily reducing greenhouse

gases or designed to certify terrestrial and agricultural carbon

sequestration practices.

C. In order for terrestrial and agricultural carbon

sequestration to be verified and certified under this section, an

applicant shall file an application with the Commission. Along with

the application, the applicant shall submit a resource management

plan, or a project plan as applicable, detailing activities that

will increase or maintain existing trapped carbon including, but not

limited to, improved forest management, alteration of or changes in

silviculture practices, and growing of designated crops and any

other such terrestrial and agricultural carbon sequestration

practices.

D. The Commission shall require applicants to submit such

information, forms, and reports as are necessary to properly and

efficiently administer the program.

E. Prior to granting a carbon sequestration certificate, the

Commission shall adopt criteria associated with the approved

terrestrial and agricultural carbon sequestration practice for which

an application is submitted. In addition, the Commission shall

determine, based upon compliance with the site criteria, the volume

or numerical amount of credits or offsets achievable by the specific

terrestrial and agricultural carbon sequestration practice.

F. Applications for a terrestrial and agricultural carbon

sequestration certificate shall be approved or denied in accordance

with criteria promulgated by the Commission.

G. The Commission is authorized to establish fees associated

with the terrestrial and agricultural carbon sequestration

certification program.
Okla. Stat. tit. 27A, § 27A-2-16-104 — OK Code / Title 27A / Section 27A-2-16-104
Refinery Permitting Cooperative Agreement –
Status: in_force

Negotiations.

A. Not more than thirty (30) days after the effective date of

the Oklahoma Refinery Revitalization Act, the Governor shall request

the Administrator of the United States Environmental Protection

Agency to enter into negotiations with the Executive Director of the

Department of Environmental Quality for a Refinery Permitting

Cooperative Agreement (RPCA) for the purposes set forth in this act.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 327

The RPCA shall be a memorandum of understanding as provided for in

the Energy Policy Act of 2005. The Executive Director shall

designate a senior official responsible for negotiations, and

dedicate sufficient other staff and resources to ensure, full

implementation of the purposes of this act and any rules promulgated

pursuant to this act as allowed by state and federal legislation.

B. The Executive Director and the appropriate representative of

any Indian tribe with jurisdiction over a potential refinery site,

may be signatories to the RPCA negotiated pursuant to this section.
Okla. Stat. tit. 27A, § 27A-1-1-201 — OK Code / Title 27A / Section 27A-1-1-201
Definitions
Status: in_force

As used in the Oklahoma Environmental Quality Act:

1. “Clean Water Act” means the federal Water Pollution Control

Act, 33 U.S.C., Section 1251 et seq., as amended;

2. “Discharge” includes but is not limited to a discharge of a

pollutant, and means any addition of any pollutant to waters of the

state from any point source;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 12

3. “Environment” includes the air, land, wildlife, and waters

of the state;

4. “Federal Safe Drinking Water Act” means the federal law at

42 U.S.C., Section 300 et seq., as amended;

5. “Groundwater protection agencies” include the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Department of Environmental Quality,

e. Conservation Commission, and

f. Department of Mines;

6. “Nonpoint source” means the contamination of the environment

with a pollutant for which the specific point of origin may not be

well defined and includes but is not limited to agricultural storm

water runoff and return flows from irrigated agriculture;

7. “N.P.D.E.S.” or “National Pollutant Discharge Elimination

System” means the system for the issuance of permits under the

Federal Water Pollution Control Act, 33 U.S.C., Section 1251 et

seq., as amended;

8. “Point source” means any discernible, confined and discrete

conveyance or outlet including but not limited to any pipe, ditch,

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

stock or vessel or other floating craft from which pollutants are or

may be discharged into waters of the state. The term “point source”

shall not include agricultural storm water runoff and return flows

from irrigated agriculture;

9. “Pollutant” includes but is not limited to dredged spoil,

solid waste, incinerator residue, sewage, garbage, sewage sludge,

munitions, chemical wastes, biological materials, radioactive

materials, heat, wrecked or discarded equipment, rock, sand, cellar

dirt and industrial, municipal, and agribusiness waste;

10. “Pollution” means the presence in the environment of any

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

physical, chemical or biological properties of the environment or

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

environment in quantities which are or will likely create a nuisance

or which render or will likely render the environment harmful or

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

domestic, commercial, industrial, agricultural, recreational, or

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

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

11. “Source” means any and all points of origin of any wastes,

pollutants or contaminants whether publicly or privately owned or

operated;

12. “State agencies with limited environmental

responsibilities” means:

a. the Department of Public Safety,

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 13

b. the Department of Labor, and

c. the Department of Civil Emergency Management;

13. “State environmental agency” includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines, and

g. Department of Environmental Quality;

14. “Storm water” means rain water runoff, snow melt runoff,

and surface runoff and drainage;

15. “Total maximum daily load” means the sum of individual

wasteload allocations (W.L.A.) for point sources, safety, reserves,

and loads from nonpoint sources and natural backgrounds;

16. “Waste” means any liquid, gaseous or solid or semi-solid

substance, or thermal component, whether domestic, municipal,

commercial, agricultural or industrial in origin, which may pollute

or contaminate or tend to pollute or contaminate, any air, land or

waters of the state;

17. “Wastewater” includes any substance, including sewage, that

contains any discharge from the bodies of human beings or animals,

or pollutants or contaminating chemicals or other contaminating

wastes from domestic, municipal, commercial, industrial,

agricultural, manufacturing or other forms of industry;

18. “Wastewater treatment” means any method, technique or

process used to remove pollutants from wastewater or sludge to the

extent that the wastewater or sludge may be reused, discharged into

waters of the state or otherwise disposed and includes, but is not

limited to, the utilization of mechanized works, surface

impoundments and lagoons, aeration, evaporation, best management

practices (BMPs), buffer strips, crop removal or trapping,

constructed wetlands, digesters or other devices or methods.

“Treatment” also means any method, technique or process used in the

purification of drinking water;

19. “Wastewater treatment system” means treatment works and all

related pipelines or conduits, pumping stations and force mains, and

all other appurtenances and devices used for collecting, treating,

conducting or discharging wastewater;

20. “Waters of the state” means all streams, lakes, ponds,

marshes, watercourses, waterways, wells, springs, irrigation

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

accumulations of water, surface and underground, natural or

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

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

include under all circumstances the waters of the United States

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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 14

upon this state or any portion thereof. Provided, waste treatment

systems, including treatment ponds or lagoons designed to meet

federal and state requirements other than cooling ponds as defined

in the Clean Water Act or rules promulgated thereto and prior

converted cropland are not waters of the state; and

21. “Wellhead protection area” means the surface and subsurface

area surrounding a water well or wellfield supplying a public water

system that defines the extent of the area from which water is

supplied to such water well or wellfield.
Okla. Stat. tit. 27A, § 27A-2-15-110 — OK Code / Title 27A / Section 27A-2-15-110
Prior applications and consent orders ratified -
Status: in_force

Continued reliance - Benefits and releases of liability to be part

of consent order - Applicability of section.

A. Except as otherwise specified by this section, any consent

order issued by the Department of Environmental Quality prior to the

effective date of this act meeting the conditions and requirements

established by the Department or as otherwise determined by the

Department to be in compliance for such site is hereby ratified.

B. Any person who has entered into a consent order with the

Department pursuant to this section may continue to rely upon the

consent order if the person has accepted the conditions of and in

other respects complies with the requirements so established and

with the provisions of the consent order as determined by the

Department.

C. Any benefits and releases of liability from administrative

penalties and from civil action as provided by the Oklahoma

Brownfields Voluntary Redevelopment Act shall apply and be made part

of the Certificate of Completion or Certificate of No Action

Necessary.

D. The provisions of this section shall apply only to consent

orders issued after January 1, 1988.
Okla. Stat. tit. 27A, § 27A-3-2-106b — OK Code / Title 27A / Section 27A-3-2-106b
Conservation Commission Tar Creek Mine Reclamation
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Conservation Commission to be designated the

"Conservation Commission Tar Creek Mine Reclamation Revolving Fund".

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

limitations, and shall consist of all monies received by the

Conservation Commission from appropriations, fees, charges,

penalties, federal grants and any other sources including interest

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

to such fund or designated for duties associated with the Tar Creek

superfund project. All monies accruing to the credit of said fund

are hereby appropriated and may be budgeted and expended by the

Conservation Commission to perform the duties imposed on the

Commission by law. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

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

Enterprise Services for approval and payment.
Okla. Stat. tit. 27A, § 27A-2-10-304 — OK Code / Title 27A / Section 27A-2-10-304
Variances - One-hundred year flood plains
Status: in_force

A. Requests for variances from specific requirements of any

particular rule must be made a part of the permit application of any

applicant and the opportunity to request a public meeting or

administrative permit hearing, or both, shall have been offered

prior to authorization of the variance to any applicant, including

any unit of government. Further, any application for a variance for

substitute technology which equals or exceeds the protection

accorded by the particular rule shall not be granted unless an

opportunity to request a public meeting or administrative permit

hearing, or both, has been offered.

B. Except as otherwise provided in this subsection, the

Department shall not approve a variance from the rules of the Board

for a solid waste disposal site to be located within any one-hundred

year flood plain unless the variance is conditioned upon the

subsequent redefinition of the one-hundred year plain to not include

the land area proposed for the variance. A variance may be granted

for the siting of a solid waste transfer station within a one-

hundred year flood plain conditioned upon the requirement that no

solid waste will be retained or stored by any means during

nonoperating hours on any portion of the permitted site that is

within the one-hundred year flood plain.
Okla. Stat. tit. 27A, § 27A-2-11-306 — OK Code / Title 27A / Section 27A-2-11-306
Administration of act
Status: in_force

It shall be the further duty of the Oklahoma Tax Commission, the

Department of Environmental Quality, and any other state agency

called upon for assistance in the proper enforcement of the

Recycling, Reuse and Source Reduction Incentive Act, to cooperate

each with the other in its administration so as to accomplish the

purposes set forth in the Recycling, Reuse and Source Reduction

Incentive Act. The Department shall inform manufacturing and

processing industries within and without the state of this tax

credit benefit, and in every way possible gain the most favorable

publicity and increased industrial activity for Oklahoma resulting

from this enactment.
Okla. Stat. tit. 27A, § 27A-2-7-305 — OK Code / Title 27A / Section 27A-2-7-305
Assistance to political subdivisions
Status: in_force

To further benefit the citizens of the State of Oklahoma, the

Department may, if funds are available from the fund, render

financial assistance, by form of a matching grant not to exceed

Fifty Thousand Dollars ($50,000.00), to any municipality or county

of the state, which has prepared an emergency response plan which

has been approved by the Department, for the purpose of providing

basic emergency response training and protective equipment to be

used by such municipality or county in responding to incidents

involving hazardous waste. Such financial assistance shall be

available only to those applicants which have a significant

potential for initiating emergency response to an incident involving

hazardous waste. The Department shall give priority to

municipalities or counties of the state in which off-site facilities

are located.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 201
Okla. Stat. tit. 27A, § 27A-2-15-104 — OK Code / Title 27A / Section 27A-2-15-104
Redevelopment program - Administration - Voluntary
Status: in_force

nature of program - Regulatory entities not to require evidence of

participation - Ineligible persons - Rules.

A. The Department of Environmental Quality may establish and

implement a voluntary redevelopment program for brownfields. In

administering the Oklahoma Brownfields Voluntary Redevelopment Act,

the Department shall:

1. Approve site-specific work plans for site characterization;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 318

2. Approve site-specific remediation plans for each site as

necessary, using a risk-based system;

3. Review and inspect site characterization and remediation

activities and reports;

4. Use risk-based remediation procedures as determined by the

agency to establish cleanup levels;

5. Evaluate engineering and institutional controls for function

and performance;

6. Develop and implement rules and procedures for the review

and processing of Brownfields Voluntary Redevelopment project

applications for obtaining funds allocated to the state from the

Federal Clean Water Act and other state and federal funds available

for Brownfields Voluntary Redevelopment projects; and

7. Audit completed projects to ensure compliance with use

restrictions.

B. Any brownfields program established pursuant to the Oklahoma

Brownfields Voluntary Redevelopment Act shall be a voluntary

program.

C. No state governmental entity regulating any person or

institution shall require evidence of participation in the Oklahoma

Brownfields Voluntary Redevelopment Act.

D. The provisions of the Oklahoma Brownfields Voluntary

Redevelopment Act shall not apply to any person who is:

1. Responsible for taking corrective action on the real

property pursuant to orders or agreements issued by the federal

Environmental Protection Agency;

2. 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 regulated

substances; or

3. Has a demonstrated pattern of uncorrected noncompliance.

E. 1. The Environmental Quality Board shall promulgate rules

necessary to implement the Oklahoma Brownfields Voluntary

Redevelopment Act.

2. The Department is specifically authorized to promulgate

emergency rules necessary pursuant to the Administrative Procedures

Act to implement the provisions of the Oklahoma Brownfields

Voluntary Redevelopment Act.

3. Such rules shall include but not be limited to provision for

work plans, consent orders, notice and public participation

opportunities, brownfield remediation plans and no action necessary

determinations issued by the Department.
Okla. Stat. tit. 27A, § 27A-3-3-107 — OK Code / Title 27A / Section 27A-3-3-107
District as local agency
Status: in_force

A. Any district organized under the Conservation District Act

shall have power to serve as a local agency for operating and

maintaining any project or program concerned with the conservation

of renewable natural resources that is administered by any local,

state, interstate or federal public agency, by entering into a

contract or other appropriate administrative arrangement with the

agency administering such project or program.

B. In serving as such local agency for any such project or

program, the district may use any authority or funds available to it

under the Conservation District Act which are required for such

purposes.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 350

C. 1. Any agency of the government of this state and any local

political subdivision of this state is hereby authorized to make

such arrangements with any district, through contract, regulation or

other appropriate means, wherever it believes that such arrangements

will promote administrative efficiency or economy.

2. In connection with any such arrangements, any state or local

agency or political subdivision of this state is authorized, within

the limits of funds available to it, to contribute funds, equipment,

property or services to any district; and to collaborate with a

district in jointly planning, constructing, financing or operating

any work or activity provided for in such arrangements and in

jointly acquiring, maintaining and operating equipment or facilities

in connection therewith.

D. Any district may receive funds, property, equipment and

services from any local, state, interstate or federal public agency,

or from private donors, for use in serving as the local agency for

operating and maintaining a program or project under any such

contract or other arrangement.
Okla. Stat. tit. 27A, § 27A-3-3-201 — OK Code / Title 27A / Section 27A-3-3-201
Directors
Status: in_force

A. The governing body of the district shall consist of five (5)

directors, elected or appointed as provided in the Conservation

District Act.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 357

B. 1. Three directors shall be elected for a term of three (3)

years and shall be elected for staggered terms beginning July 1 and

ending June 30.

2. The three elected directors' positions shall be designated

as position number one, position number two and position number

three by the Commission.

3. To be eligible for election as a director of a conservation

district, a person must be a registered voter in the district, and

must be a cooperator of the district.

C. Two directors for each district shall be appointed by the

Commission to serve a term of two (2) years beginning July 1 and

ending June 30. The Commission shall issue a certificate of

appointment to all appointed directors. Initially one director shall

serve for a period of one (1) year and one director for a period of

two (2) years.

D. Any director may be removed from office by the Commission,

upon notice and hearing, for neglect of duty or for malfeasance in

office.

E. All vacancies in the office of an elected or appointed

director shall be filled for the unexpired term by the Commission.

F. Directors shall be entitled to be reimbursed by the district

for actual expenses incurred in the official performance of their

duties.

G. District directors may be paid a per diem for attending

monthly district board meetings not to exceed Fifty Dollars ($50.00)

per meeting as established by the Oklahoma Conservation Commission.

H. If any director shall, during their term of office as

director, be elected or appointed to any county or state elective

office, or if they shall file as a candidate for the nomination to

be elected to any such other office, their office as director shall

become vacant and the vacancy shall be filled by appointment of the

Commission. Provided, that a district director may also serve on a

board of education of a school district.
Okla. Stat. tit. 27A, § 27A-2-6-308 — OK Code / Title 27A / Section 27A-2-6-308
Orders
Status: in_force

A. The Department may issue an order to a respondent requiring

compliance with the Oklahoma Water Supply Systems Act, rules of the

Board, and orders previously issued to such respondent. Such orders

may require a change in the source or sources of a public water

supply, or in the manner of storage, distribution, purification or

treatment of the supply before delivery to consumers, as may be

necessary to safeguard the public health or environment. Such

orders shall be issued pursuant to the Administrative Procedures

Act, this Code and rules promulgated thereunder.

B. The Department may issue an emergency order to any public

water supply system requiring change in the source of the water

supply or in the manner of storage, distribution, purification or

treatment of the supply before delivery to consumers, or any other

action which, in the Executive Director's judgment, is necessary to

safeguard the health of the consumers or the environment.

1. The order may require public water supply systems to notify

consumers of the problem with the supply and the action required by

order of the Executive Director.

2. Any respondent to whom such an order is directed and who

considers the requirements of the order to be illegal, unjust or

unreasonable may request an administrative hearing within ten (10)

days after the order is served. Such hearing shall be subject to

the Administrative Procedures Act, rules promulgated by the Board

and this Code.

3. The order shall remain in full effect until it is rescinded

by the Executive Director.
Okla. Stat. tit. 27A, § 27A-3-5-106 — OK Code / Title 27A / Section 27A-3-5-106
Construction of act
Status: in_force

A. Nothing in the Oklahoma Carbon Capture and Geologic

Sequestration Act shall supersede the provisions of the Oklahoma

Carbon Sequestration Enhancement Act, Section 3-4-101 et seq. of

this title.

B. Nothing in the Oklahoma Carbon Capture and Geologic

Sequestration Act shall alter the incidents of ownership, or other

rights, of the owners of the mineral estate or adversely affect

enhanced oil or gas recovery efforts in the state.

C. Any right granted to a facility operator pursuant to the

Oklahoma Carbon Capture and Geologic Sequestration Act shall be

without prejudice to the rights of any surface owner or mineral

owner, including a working interest and royalty owner, well

operator, and gas storage operator of the land encompassed within

the defined geographic boundary of the CO2 sequestration facility or

a CO2 storage unit permitted or authorized by the Corporation

Commission, to drill or bore through the approved reservoir in a

manner as shall comply with orders, rules and regulations issued for

the purpose of protecting the approved reservoir against the escape

of CO2. The surface estate is servient to the dominant mineral

estate for the purposes of oil and gas development.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 376

D. Nothing in the Oklahoma Carbon Capture and Geologic

Sequestration Act shall grant a private operator the right of

condemnation or eminent domain for any purpose.
Okla. Stat. tit. 27A, § 27A-3-4-101 — OK Code / Title 27A / Section 27A-3-4-101
Short title – Oklahoma Carbon Sequestration
Status: in_force

Enhancement Act- Legislative findings and intent.

A. This article shall be known and may be cited as the

“Oklahoma Carbon Sequestration Enhancement Act”.

B. The Oklahoma Legislature finds that:

1. Increasing levels of carbon dioxide and other gases in the

atmosphere have led to growing interest in national and

international forums for implementing measures to slow and reverse

the buildup of such atmospheric constituents. These measures may

include, but are not limited to, the establishment of systems of

trading in carbon dioxide credits or adoption of practices,

technologies, or other measures which decrease the concentration of

carbon dioxide in the atmosphere and improve air quality;

2. Carbon sequestration practices have great potential to

increase carbon sequestration and help offset the impact of carbon

dioxide emissions on carbon dioxide concentrations in the

atmosphere; and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 365

3. It is in the interest of the citizens of this state that the

Oklahoma Conservation Commission document and quantify carbon

sequestration associated with terrestrial and agricultural carbon

sequestration practices. The provisions of this act shall not

include geologic carbon sequestration occurring in Underground

Injection Control (UIC) Class II or Class VI projects.

C. It is the intent of the Legislature that such efforts to

document and quantify carbon sequestration associated with

terrestrial and agricultural carbon sequestration practices will

enhance the ability of the state’s landowners to participate in any

system of carbon dioxide emissions marketing or trading that may be

developed in the future.

D. For purposes of the Oklahoma Carbon Sequestration

Enhancement Act, “carbon sequestration practices” and “carbon

capture and storage practices” shall mean and include:

1. Improved agricultural practices, including, but not limited

to, decreasing soil tillage, planting and managing vegetation,

growing agricultural crops, or managing any existing vegetated area;

2. Improved natural resources conservation practices,

including, but not limited to, vegetation, revegetation,

forestation, afforestation, and reforestation on rangeland and other

agricultural and nonagricultural lands;

3. Other improved methods of stewardship for the natural

resources of this state; and

4. Other terrestrial and agricultural methods of sequestering,

displacing, or avoiding carbon dioxide emissions approved by the

Oklahoma Conservation Commission.
Okla. Stat. tit. 27A, § 27A-4-1-107 — OK Code / Title 27A / Section 27A-4-1-107
Board of Health - Authority to adopt rules and
Status: in_force

requirements.

The State Board of Health is authorized to adopt such rules and

requirements as it deems necessary to establish adaptive standards

of care where an extreme emergency exists as defined in the Oklahoma

Emergency Response Act.
Okla. Stat. tit. 27A, § 27A-5 — OK Code / Title 27A / Section 27A-5
Renumbered as § 1-1-204 of this title by Laws 1993, c. 145,
Status: in_force

§ 359, eff. July 1, 1993.
Okla. Stat. tit. 27A, § 27A-2-14-104 — OK Code / Title 27A / Section 27A-2-14-104
Applicability
Status: in_force

A. The Oklahoma Uniform Environmental Permitting Act shall

apply to applications filed with the Department on or after July 1,

1996.

B. Applications subject to the Oklahoma Uniform Environmental

Permitting Act shall continue to be subject to additional or more

comprehensive notice and public participation opportunities set

forth in rules of the Board promulgated pursuant to federal

requirements for individual state permitting programs.
Okla. Stat. tit. 27A, § 27A-2-12-303 — OK Code / Title 27A / Section 27A-2-12-303
Prohibition on advertising as accredited program or
Status: in_force

provider unless properly accredited - Out-of-state accreditation.

A. No person, agency, institution or organization shall

advertise or otherwise present itself as an accredited lead-based

paint training program unless accredited by the Department pursuant

to this article and rules promulgated thereunder.

B. No individual shall advertise or otherwise present himself

as an accredited lead-based paint training provider or instructor

unless accredited for such purposes by the Department pursuant to

this article and rules promulgated thereunder.

C. Any accreditation issued pursuant to this article may

contain conditions as the Department shall deem necessary or

appropriate.

D. Any program or training provider accreditation issued

pursuant to this article and rules promulgated thereunder shall be

renewable annually for the period September 1 through August 31

pursuant to rules promulgated by the Board.

E. 1. Upon application by an out-of-state training program or

training provider, the Department may recognize and approve in part

or in whole the current accreditation of the applicant if the

Department finds that the state's accreditation requirements in

effect at the time of accreditation are equivalent to the

requirements of the Department; provided, however, that no such

accreditation will be recognized and approved by the Department

unless the applicant program or provider would be accredited by such

other state under substantially the same conditions.

2. Recognition and approval of an out-of-state training program

or training provider may be granted with such conditions as the

Department shall deem necessary or appropriate.
Okla. Stat. tit. 27A, § 27A-2-11-102 — OK Code / Title 27A / Section 27A-2-11-102
Waste management public education program
Status: in_force

The Department of Environmental Quality shall design and

implement a statewide general public education program on waste

management by 1992 with particular emphasis on:

1. Recycling;

2. Litter reduction;

3. Waste reduction; and

4. The management and disposal of hard to dispose of wastes.

Any litter reduction program shall be developed by the Department in

conjunction with the State Department of Transportation.
Okla. Stat. tit. 27, § 27-15 — OK Code / Title 27 / Section 27-15
Effect of statement of policies
Status: in_force

The provisions of Section 5 create no rights or liabilities and

shall not affect the validity of any property acquisitions by

purchase or condemnation.
Okla. Stat. tit. 27A, § 27A-3-3-407 — OK Code / Title 27A / Section 27A-3-3-407
Allocation of funds
Status: in_force

A. The Commission shall have authority to allocate to any

conservation district in this state, from the Small Watersheds Flood

Control Fund, such sum or sums as in the judgment of the said

Commission may be necessary to enable such district to acquire real

property or easements needed by such district to permit such

district to install upstream flood control structures on rivers and

streams and the tributaries thereof, including cooperative projects

between such district and the United States government.

B. Monies from the fund may also be used for costs associated

with the rehabilitation of flood control structures, including, but

not limited to, landrights.
Okla. Stat. tit. 27A, § 27A-2002 — OK Code / Title 27A / Section 27A-2002
Lead-acid battery retailers - Signs
Status: in_force

Any person offering lead-acid batteries 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 that lead-acid batteries are

accepted for recycling. For purposes of this act, a "lead-acid

battery" means a lead-acid electrical device used in boats, planes

and motor vehicles.
Okla. Stat. tit. 27A, § 27A-2-4-201 — OK Code / Title 27A / Section 27A-2-4-201
Services and analyses - Rules - Fee schedule -
Status: in_force

Contracts.

A. The Department of Environmental Quality is authorized to

acquire, operate and maintain laboratories to analyze samples to:

1. Obtain factual data to support any order, permit, function

or program of the Department;

2. Provide laboratory service for individuals, cities, towns,

counties, tribes, state institutions and other state and federal

agencies; and

3. Provide such services and perform such other analyses as is

necessary to implement and enforce the programs and functions under

the jurisdiction of the Department pursuant to this Code.

B. The Board of Environmental Quality shall promulgate rules

for laboratory services under this Code. The Board shall follow the

procedures required by the Administrative Procedures Act for

promulgation of such rules.

C. 1. The Board, pursuant to the Administrative Procedures

Act, shall promulgate as a rule a fee schedule based on actual cost

of analyses and the costs of the provision of laboratory services.

The schedule shall include fees for specific analytes and

procedures.

2. Fees charged pursuant to this section shall be paid into the

Department of Environmental Quality Revolving Fund and shall only be

used by the Department in administering the Department's

environmental laboratory.

D. The Department may, if necessary to meet the demand for

laboratory services, contract, pursuant to the provisions of the

Central Purchasing Act, for the performance of analyses with

laboratories accredited by the Department.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 94
Okla. Stat. tit. 27A, § 27A-2-11-404 — OK Code / Title 27A / Section 27A-2-11-404
Renumbered as § 2-11-401.3 of this title by Laws
Status: in_force

2005, c. 230, § 10, eff. July 1, 2005.
Okla. Stat. tit. 27A, § 27A-2-3-202 — OK Code / Title 27A / Section 27A-2-3-202
Powers and duties of Department
Status: in_force

A. Within its jurisdictional areas of responsibility, the

Department, acting through the Executive Director, or persons

authorized by law, rule or designated by the Executive Director to

perform such acts, shall have the power and duty to:

1. Access any premises at any reasonable time upon presentation

of identification for purposes of administering this Code, and the

right to apply to and obtain from a judge of the district court, an

administrative or other warrant as necessary to enforce such access;

2. Determine and assess administrative penalties, take or

request civil action, request criminal prosecution or take other

administrative or civil action as specifically authorized by this

Code or other law against any person or entity who has violated any

of the provisions of this Code, rules promulgated thereunder, or any

permit, license or order issued pursuant thereto;

3. Investigate or cause to be investigated alleged violations

of this Code, rules promulgated thereunder, or permits, licenses or

orders issued pursuant thereto;

4. Conduct investigations, inquiries and inspections, including

but not limited to, the review of records and the collection of

samples for laboratory analyses;

5. Conduct hearings and issue subpoenas according to the

Administrative Procedures Act, this Code and rules promulgated by

the Board, and file contempt proceedings against any person

disobeying or refusing to comply with such subpoena;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 80

6. Advise, consult, cooperate and enter into agreements with

agencies of the state, municipalities and counties, industries,

other states and the federal government, and other persons;

7. Enter into agreements for, accept, administer and use,

disburse and administer grants of money, personnel and property from

the federal government or any department or agency thereof, or from

any state or state agency, or from any other source, to promote and

carry on in this state any program relating to environmental

services or pollution control;

8. Require the establishment and maintenance of records and

reports, and the installation, use, and maintenance of monitoring

equipment or methods, and the provision of such information to the

Department upon request;

9. Establish a system of training for all personnel who render

review and inspection services in order to assure uniform statewide

application of law and rules;

10. Enforce the provisions of this Code and rules promulgated

thereunder and orders, permits and licenses issued pursuant thereto;

11. Charge and receive fees pursuant to fee schedules

promulgated by the Board;

12. Register persons, property and activities as required by

this Code or rules promulgated by the Board;

13. Conduct studies, research and planning of programs and

functions, pursuant to the authority granted by this Code;

14. Collect and disseminate information and engage in

environmental education activities relating to the provisions of

this Code;

15. Provide a toll-free hot line for environmental complaints;

16. Enter into interagency agreements;

17. Sell films, educational materials and other items produced

by the Department and sell, exchange or otherwise dispose of

obsolete personal property belonging to the Department unless

otherwise required by terms of federal grants;

18. Provide administrative and support services to the Board

and the Councils as necessary to assist them in the performance of

their duties; and

19. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of this Code.

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

administered by the Department regardless of whether the statutes

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

Statutes.
Okla. Stat. tit. 27A, § 27A-2-5-114 — OK Code / Title 27A / Section 27A-2-5-114
Implementation and enforcement of federal emission
Status: in_force

standards - Oil and gas well and equipment emissions.

A. The Department shall have the authority to establish a

program for the implementation and enforcement of the federal

emission standards and other requirements under Section 112 of the

Federal Clean Air Act for hazardous air pollutants and for the

prevention and mitigation of accidental releases of regulated

substances under Section 112(r) of the Federal Clean Air Act.

1. Except as otherwise provided by paragraph 2 of this

subsection, to assure that such program shall be consistent with,

and not more stringent than, federal requirements:

a. any rule recommended by the Council and promulgated by

the Board regarding hazardous air pollutants and

regulated substances shall only be by adoption by

reference of final federal rules, and

b. shall include the federal early reduction program

under Section 112(i) (5) of the Federal Clean Air Act.

2. The Board may promulgate, pursuant to recommendation by the

Council, rules which establish emission limitations for hazardous

air pollutants which are more stringent than the applicable federal

standards, upon a determination by the Council that more stringent

standards are necessary to protect the public health or the

environment.

B. The Department shall also have the authority to establish a

separate and distinct program only for the control of the emission

of those toxic air contaminants not otherwise regulated by a final

emission standard under Section 112(d) of the Federal Clean Air Act.

1. Such program shall consist of permanent rules establishing:

a. appropriate emission limitations, work practice

standards, maximum acceptable ambient concentrations

or control technology standards necessary for the

protection of the public health or the environment,

and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 115

b. emissions monitoring or process monitoring

requirements necessary to assure compliance with the

requirements of this section.

2. Paragraph 1 of this subsection shall not be construed as

requiring readoption of existing rules regarding toxic air

contaminants.

C. Regulation of any hazardous air pollutant pursuant to a

final emission standard promulgated under Section 112(d) of the

Federal Clean Air Act, shall preclude its regulation as a toxic air

contaminant under subsection B of this section.

D. Emissions from any oil or gas exploration or production well

with its associated equipment, and emissions from any pipeline

compressor or pump station shall not be aggregated with emissions

from other similar units, whether or not such units are in a

contiguous area or under common control, to determine whether such

units or stations are major sources, and in the case of any oil or

gas exploration or production well with its associated equipment,

such emissions shall not be aggregated for any purpose under this

section.

E. The Department shall not list oil and gas production wells

with their associated equipment as an area source category, except

that the Department may establish an area source category for oil

and gas production wells located in any metropolitan statistical

area or consolidated metropolitan statistical area with a population

in excess of one million (1,000,000) if the Department determines

that emissions of hazardous air pollutants from such wells present

more than a negligible risk of adverse effects to public health.

F. Nothing in this section shall be construed to limit

authority established elsewhere in the Oklahoma Clean Air Act.
Okla. Stat. tit. 27A, § 27A-1-4-112 — OK Code / Title 27A / Section 27A-1-4-112
Definitions
Status: in_force

A. As used in this act:

1. "Acquisition closing date" means the date on which ownership

of, or a direct or indirect majority interest in the ownership of, a

regulated facility or operation is acquired in an asset purchase,

equity purchase, merger or similar transaction;

2. "Audit report" means the final report in a written document

which contains the comments and recommendations of the auditor;

3. "Environmental or health and safety audit" or "audit" means

a systematic voluntary evaluation, review or assessment of

compliance with environmental or health and safety laws or with any

permit issued under an environmental or health and safety law

conducted by an owner or operator, an employee of an owner or

operator, a person, including an employee or independent contractor

of the person, that is considering the acquisition of a regulated

facility or operation, or an independent contractor of:

a. a regulated facility or operation, or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 47

b. an activity at a regulated facility or operation;

4. "Environmental or health and safety law" means:

a. a federal or state environmental or occupational

health and safety law, or

b. a rule, regulation or regional or local law adopted in

conjunction with a law described by subparagraph a of

this paragraph;

5. "Owner or operator" means a person who owns or operates a

regulated facility or operation;

6. "Penalty" means an administrative, civil or criminal

sanction imposed by the state to punish a person for a violation of

a statute or rule. The term does not include a technical or

remedial provision ordered by a regulatory authority; and

7. "Regulated facility or operation" means a facility or

operation that is regulated under an environmental or health and

safety law.

B. A person acts willfully for purposes of this act if the

person acts willfully within the meaning of Section 92 of Title 21

of the Oklahoma Statutes.

C. A person acts knowingly for purposes of this act if the

person acts knowingly within the meaning of Section 96 of Title 21

of the Oklahoma Statutes.

To fully implement the privilege established by this act, the

term "environmental or health and safety law" shall be construed

broadly.
Okla. Stat. tit. 27A, § 27A-2-7-108 — OK Code / Title 27A / Section 27A-2-7-108
Hazardous waste facilities - Permit for storage,
Status: in_force

treatment or disposal - Operation of recycling facilities not

required to be permitted.

A. Except as otherwise provided by subsection B of this section

or any rules of the Environmental Quality Board with respect to

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 171

short-term storage, no person shall store, treat or dispose of

hazardous waste materials or commence construction of or own or

operate any premises or facility engaged in the operation of

storing, treating or disposing of hazardous waste or storing

recyclable materials, who does not possess a valid and appropriate

hazardous waste facility permit. The provisions of this subsection

shall not include remediation activities under an order of the

Department of Environmental Quality which would not require a

federal hazardous waste permit from the Environmental Protection

Agency if conducted pursuant to a federal order.

B. 1. Any person who owned or operated a hazardous waste

facility which was operating or under construction on November 19,

1980, and who has submitted notice and permit application to the

U.S. Environmental Protection Agency or to the Department, and whose

facility complies with the rules of the Board, may continue

operation until such time as the permit application is determined.

2. The Board may by rule provide for continued operation on an

interim basis pending permit determination of a facility in

existence on the effective date of any statutory or regulatory

amendments that would subject the facility to a permit requirement

pursuant to the Oklahoma Hazardous Waste Management Act.

3. The provisions for the allowance of continued operation on

an interim basis under paragraphs 1 and 2 of this subsection shall

not apply in the case of a facility for which a permit, under the

Oklahoma Hazardous Waste Management Act, has been previously denied

or for which authority to operate has been terminated.

C. Facilities engaged in recycling which are not required to be

permitted pursuant to the provisions of the Oklahoma Hazardous Waste

Management Act shall operate in an environmentally acceptable manner

and in accordance with the rules regarding the manifest,

transportation and treatment, storage and disposal standards, and

generators in the event a hazardous waste is generated therefrom.
Okla. Stat. tit. 27A, § 27A-2-12-402 — OK Code / Title 27A / Section 27A-2-12-402
Renovation, demolition and remodeling - Guidelines
Status: in_force

In order to reduce the risk of exposure to lead in connection

with renovation, demolition and remodeling of target housing and

child-occupied facilities, the Environmental Quality Board shall,

consistent with the terms of federal funding agreements and the

receipt of such funds by the Department of Environmental Quality for

such development and dissemination, promulgate guidelines for the

conduct of such renovation, demolition and remodeling activities

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 307

which may create a risk of exposure to dangerous levels of lead.

The Department shall disseminate such guidelines to persons engaged

in such renovation, demolition and remodeling through hardware and

paint stores, employee organizations, trade groups, state and local

agencies, and through other appropriate means.
Okla. Stat. tit. 27A, § 27A-3-2-106a — OK Code / Title 27A / Section 27A-3-2-106a
Conservation Commission 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

"Conservation Commission Revolving Fund (#405)". The fund shall be

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

consist of all monies received by the Conservation Commission from

appropriations, fees, charges, penalties, and any other sources that

are not designated for deposit to any other fund as authorized by

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

appropriated and may be budgeted and expended by the Conservation

Commission to perform the duties imposed by the Commission by law.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 27A, § 27A-2-10-306 — OK Code / Title 27A / Section 27A-2-10-306
Appeal of issuance of permit - Stay of time
Status: in_force

restraints.

The filing of a proceeding appealing the issuance of a permit

authorizing the construction and operation of a solid waste disposal

facility shall stay any time restraints specified in the permit

relating to the term or expiration of the permit.
Okla. Stat. tit. 27A, § 27A-2-10-404 — OK Code / Title 27A / Section 27A-2-10-404
Renumbered as § 2-6-501.4 of this title by Laws
Status: in_force

1994, c. 353, § 43, eff. July 1, 1994.
Okla. Stat. tit. 27A, § 27A-2-11-103 — OK Code / Title 27A / Section 27A-2-11-103
Recycling initiatives - Cooperation of Department
Status: in_force

with institutions of higher learning.

It is the intent of the Legislature that institutions of higher

learning in this state, with the cooperation of the Department of

Environmental Quality, conduct studies to facilitate the design and

implementation of recycling initiatives.
Okla. Stat. tit. 27A, § 27A-2-11-504 — OK Code / Title 27A / Section 27A-2-11-504
Impermissible restrictions on auxiliary containers
Status: in_force

A. As used in this section, "auxiliary container" means any

bag, cup, package, container, bottle, device or other packaging that

is:

1. Made of cloth, paper, plastic, including foamed or expanded

plastic, cardboard, corrugated material, aluminum, glass,

postconsumer recycled material or similar material including, but

not limited to, coated or laminated materials; and

2. Designed for, but not limited to, consuming, transporting,

or protecting merchandise, food or beverages from, or at, a food

service facility, manufacturing, distribution, further processing,

or retail facility.

B. Except for subsection D of this section, no political

subdivision shall restrict, tax, prohibit or regulate the use,

disposition or sale of auxiliary containers.

C. Nothing in this section shall prohibit or limit any county

or municipal ordinance or agreement regarding a recycling program or

the disposal of solid waste.

D. Subsection B of this section shall not apply to the use of

auxiliary containers on property owned by a county or municipality.
Okla. Stat. tit. 27A, § 27A-4-1-106 — OK Code / Title 27A / Section 27A-4-1-106
Prosecution of violations - Actions for injunctive
Status: in_force

relief - Jurisdiction - Penalties.

A. The Attorney General or the district attorney of the county

where the release occurs may bring an action in a court of competent

jurisdiction for the prosecution of a violation of the Oklahoma

Emergency Response Act by the responsible party.

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

a violation of the Oklahoma Emergency Response Act by such

responsible party may be brought by the district attorney of the

county where the release occurred, as applicable, the contact

agency, or the Attorney General or the Department of Environmental

Quality on behalf of the State of Oklahoma.

2. It shall be the duty of the Attorney General or district

attorney, if so requested, to bring such actions.

C. The court shall have jurisdiction to determine such action

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

limited to, mandatory or prohibitive injunctive relief and interim

equitable relief, and for inhibiting emergency response to an

incident, punitive damages.

D. A responsible party who violates any of the provisions of,

or who fails to perform any duty imposed by, the Oklahoma Emergency

Response Act shall, upon conviction, be guilty of a misdemeanor and

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

($200.00) and not more than Ten Thousand Dollars ($10,000.00) per

day for each violation. Each day or part of a day upon which such

violation occurs shall constitute a separate offense.
Okla. Stat. tit. 27A, § 27A-2-10-801 — OK Code / Title 27A / Section 27A-2-10-801
Solid waste disposal sites - Territorial limits -
Status: in_force

Exemptions - Waivers - Filing of disposal plans - Penalties.

A. In order to protect public health and preserve the

expectation of future disposal capability of areas local to a

disposal site, except as otherwise provided by this section, no

disposal site shall accept more than two hundred (200) tons per day

of solid waste generated more than fifty (50) miles from the

disposal site unless a permit application for a new disposal site is

submitted and approved by the Department for such waste.

The waste generated within the fifty-mile local area shall not

be considered in calculating the two-hundred-ton limit.

B. New and existing landfills, incinerators, or other sites

designed, constructed and operated in accordance with the most

environmentally protective solid waste regulations adopted by the

Board shall be subject to neither the two-hundred-ton nor the fifty-

mile limit.

C. The Department may grant a temporary waiver to the limit

specified in this section in the event of an emergency. Any such

waiver so granted may be conditioned on development of additional

capacity in the area where the waste is generated.

D. Before any disposal site accepts for disposal any solid

waste generated outside the territorial limits of this state in

excess of two hundred (200) tons per day:

1. The operator of the disposal site shall submit to the

Department for approval a disposal plan prepared by either the

generator or shipper as set out in the rules promulgated by the

Board. Such plans as a minimum shall indicate the type and amount

of solid waste generated, the handling, storage, treatment, disposal

method and the disposal site to be used. The disposal plans shall

be kept current by the persons submitting the original disposal

plans and the Department shall be advised not less than five (5)

working days prior to the day on which such changes are to be

implemented.

Persons storing or shipping recyclable materials in an

environmentally acceptable manner for the purpose of recycling shall

be required to file disposal plans required by this subsection only

for those wastes which are to be disposed.

2. The disposal site shall be designed, constructed and

operated in accordance with the most environmentally protective

solid waste rules promulgated by the Board. For landfills, the most

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 250

environmentally protective solid waste regulations shall be any of

those regulations promulgated by the Board for the largest

population category and which include leachate collection in the

landfill design, and which were effective when the application for

disposal plan approval was filed with the Department.

E. Operators of solid waste disposal sites shall reject

shipments of solid waste brought into this state which do not meet

all the applicable requirements of this section. All rejected solid

waste shall be taken out of state by the same persons who brought it

into this state in violation of the provisions of this section.

F. Fly ash and bottom ash generated by coal-fired facilities

located outside the territorial limits of this state in excess of

two hundred (200) tons per day shall be constructively reutilized or

disposed of only in an active or inactive mining operation subject

to the provisions contained in Title 45 of the Oklahoma Statutes.

G. Willful violation of this section shall constitute a Class

D1 felony offense punishable by a fine of not more than Ten Thousand

Dollars ($10,000.00), or imprisonment as provided for in subsections

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

both such fine and imprisonment.
Okla. Stat. tit. 27A, § 27A-2-10-801.1 — OK Code / Title 27A / Section 27A-2-10-801.1
Vegetation plan
Status: in_force

The owner or operator of any commercial solid waste landfill,

over fifty (50) feet in height above natural surface contours that

accepts more than two hundred (200) tons per day of solid waste,

must submit a vegetation plan to the Department of Environmental

Quality for approval. The vegetation plan shall address

establishment and maintenance of appropriate vegetative cover for

the purposes of erosion and dust control and aesthetic enhancement.

The vegetation plan shall be implemented in waste disposal areas

that have been undisturbed for ninety (90) days. The Department may

approve an alternative plan that accomplishes similar objectives.

The Environmental Quality Board shall promulgate rules, developed

and recommended by the Solid Waste Management Advisory Council,

relative to the contents of the plan.