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2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-501.3. Promulgation of rules.

The Board shall promulgate rules which shall include, but not be limited to, the following:
1. Prohibiting the practice of plowing sludge that contains heavy metal concentrations significantly above concentrations normal to sludges with demonstrated effectiveness on Oklahoma soils prior to completion of a comprehensive study of all potential adverse effects by a qualified research institute familiar with the crops and soils of the State of Oklahoma, into or onto the soil surface;
2. Requiring that each load of sludge generated outside the State of Oklahoma be sampled at the location at which it is generated and have appropriate analysis performed by an independent laboratory certified by the Department with random quality assurance samples taken by the Department to assure that the sludge falls within the requirements established by the Board; and
3. Requiring the generators to submit the following information: Dates of shipment and application of sludge; weather conditions upon delivery and application; location of sludge application site; area to be used for land application; amount of sludge delivered or applied; a copy of the test results showing the quality of the sludge; and a copy of the sludge use agreement. Such records shall be retained by the Department for a period of five (5) years after any land application of sludge and shall be made available to the public for inspection.
Added by Laws 1992, c. 361, § 3, emerg. eff. June 4, 1992. Amended by Laws 1993, c. 145, § 154, eff. July 1, 1993. Renumbered from Title 63, § 1-2308 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 39, eff. July 1, 1993. Renumbered from § 2-10-403 of this title by Laws 1994, c. 353, § 42, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-501.4. Sludge containing heavy metal concentrations 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 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.
Added by Laws 1992, c. 267, § 1, emerg. eff. May 25, 1992. Amended by Laws 1993, c. 145, § 155, eff. July 1, 1993. Renumbered from Title 63, § 1-2304.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 40, eff. July 1, 1993. Renumbered from § 2-10-404 of this title by Laws 1994, c. 353, § 43, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-501.5. Agricultural use of sludge.

Sludge shall only be used on agricultural land at agronomic rates, as determined by the Department, provided the application is performed in accordance with an approved sludge management plan or permit and the rules promulgated by the Board which shall include, but shall not be limited to, the following:
1. Annual land application of sludge shall not exceed nitrogen and phosphorous fertilization rates for the crop grown and shall not be applied at rates that result in phytotoxicity;
2. Sludge applied to land shall be incorporated into the soil before the end of each working day;
3. Sludge shall not be applied within two (2) feet of the highest seasonal water table nor applied to the land within one hundred (100) feet of a stream or body of water; and
4. Sludge shall not be applied within two hundred fifty (250) feet of a public or private water supply.
Added by Laws 1992, c. 361, § 4, emerg. eff. June 4, 1992. Amended by Laws 1993, c. 145, § 156, eff. July 1, 1993. Renumbered from Title 63, § 1-2309 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Renumbered from § 2-10-405 of this title by Laws 1994, c. 353, § 44, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-501.6. Distribution of municipal sludge.

In addition to the requirements imposed by Section 2-6-501 et seq. of Title 27A of the Oklahoma Statutes, municipal sludge shall be distributed by a municipality in accordance with an approved sludge management plan. Such plan shall authorize the municipality to award such sludge to any qualified recipient for land application if such recipients meet the requirements of Section 2-6-501.5 of Title 27A of the Oklahoma Statutes. Municipalities are authorized to adopt any method they choose for selecting qualified recipients for land application of sludge including, but not limited to, accepting monetary bids.
Added by Laws 2005, c. 105, § 1, emerg. eff. April 26, 2005.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-601. Rules - Application - Authority of Department.

A. The Board shall have authority to make rules for the control of sanitation on all property located within any reservoir or drainage basin, which shall include but not be limited to rules:
1. Relating to the collection and disposal of domestic and industrial wastes within any reservoir or drainage basin;
2. Prohibiting the dumping of garbage, trash or other wastes or contaminated material within any reservoir or drainage basin; and
3. Providing that all wastes originating within any reservoir or drainage basin shall be disposed of in a manner approved by the Board, and that the plans and specifications for any disposal system shall be approved by the Department prior to the construction of any such system.
B. The provisions of this section shall not apply to:
1. Any lake, body of water, or reservoir owned or controlled by any city, town or municipality of this state, unless such city, town or municipality shall, by duly enacted ordinance, elect to come under the provisions of this section; and
2. Impounded water on privately owned land not open to public use.
C. The Department is hereby authorized to:
1. Conduct research, studies, demonstrations and investigations relating to the use and reuse of wastewater;
2. Accept, use, disburse and administer grants, allotments, gifts, devises, bequests, appropriations and other monies, equipment or property furnished or given to the Department, for the purposes and intent of this article and enter into contracts therefor; and
3. Utilize such personnel, equipment, laboratories and other resources which it has or which may become available through state-appropriated funds, federal grants or from other sources for such purpose.
Laws 1963, c. 325, art. 9, § 912, operative July 1, 1963; Laws 1993, c. 145, § 80, eff. July 1, 1993. Renumbered from Title 63, § 1-912 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-701. Underground injection of hazardous and nonhazardous 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:
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.
Added by Laws 1963, c. 325, art. 9, § 902, operative July 1, 1963. Amended by Laws 1993, c. 145, § 81, eff. July 1, 1993. Renumbered from Title 63, § 1-902 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2000, c. 364, § 4, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-801. Licenses required - Rules and regulations.

A. All persons before engaging in the cleaning or pumping of septic tanks or holding tanks and disposing of sewage or septage taken therefrom shall first obtain a license which shall be issued by the Department under such rules as may be promulgated by the Board. Such license shall be issued and may be revoked contingent upon compliance or failure to comply with the provisions of this section and rules promulgated pursuant thereto. The rules shall include but not be limited to the following:
1. A requirement that an annual fee as set by the Board pursuant to Section 2-3-402 of this title be paid to the Department for each license;
2. A requirement that each vehicle shall include an enclosed watertight tank with adequate pump and hose facilities in such condition that no sewage may spill or leak while in transit;
3. The registration of each vehicle used in the business by model, make, owner and license number;
4. A requirement that a permit or written approval shall be secured by the license holder from the appropriate city or town or from the Department's local representative in the area of operation, which designates the place and method of final disposal of the sewage or septage;
5. A requirement that no license shall be issued or renewed under the provisions of this section until said applicant complies with the rules of the Board regarding the cleaning and pumping of septic tanks and holding tanks and the disposal of sewage or septage taken therefrom; and
6. Requirements and standards for the beneficial use or disposal of the sewage or septage and provisions necessary to implement any applicable federal requirements.
B. Nothing in this section shall limit the authority of a city or town to prescribe regulations to collect additional fees related to the cleaning of septic tanks or holding tanks and the disposal of sewage or septage therefrom.
Added by Laws 1963, c. 325, art. 10, § 1009, operative July 1, 1963. Amended by Laws 1969, c. 272, § 1, emerg. eff. April 24, 1969; Laws 1993, c. 145, § 82, eff. July 1, 1993. Renumbered from Title 63, § 1-1009 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 18, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-901. Penalties - Misdemeanor - Injunctions - Assessment of 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.
Added by Laws 1993, c. 145, § 83, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-101. Short title.

This article shall be known and may be cited as the "Oklahoma Hazardous Waste Management Act".
Laws 1976, c. 251, § 1. Renumbered from § 2751 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1992, c. 403, § 4, eff. Sept. 1, 1992; Laws 1993, c. 145, § 84, eff. July 1, 1993. Renumbered from Title 63, § 1-2001 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-102. Hazardous waste - Regulation and control by this act.

Hazardous waste shall be subject to the provisions of the "Oklahoma Hazardous Waste Management Act" and shall not be subject to the provisions of the "Oklahoma Solid Waste Management Act".
Laws 1990, c. 196, § 8, emerg. eff. May 10, 1990; Laws 1992, c. 403, § 5, eff. Sept. 1, 1992; Laws 1993, c. 145, § 85, eff. July 1, 1993. Renumbered from Title 63, § 1-2001.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-104. Hazardous waste management program - Personnel.

A hazardous waste management program responsible for the regulation and management of hazardous waste shall be maintained within the Department. The hazardous waste management program shall consist of a director, who shall be hired by the Executive Director, and additional employees as the Executive Director deems are necessary and duly qualified to carry out the provisions of the Oklahoma Hazardous Waste Management Act. As a prerequisite for employment as the director of the hazardous waste management program, the applicant shall have expertise and at least two (2) years' experience in waste management. The director and all employees of the hazardous waste management program shall be subject to the Merit System of Personnel Administration.
Laws 1976, c. 251, § 3; Laws 1978, c. 260, § 2, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 2, eff. July 1, 1981. Renumbered from Title 63, § 2753 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1991, c. 173, § 2; Laws 1992, c. 403, § 7, eff. Sept. 1, 1992; Laws 1993, c. 145, § 87, eff. July 1, 1993. Renumbered from Title 63, § 1-2003 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-106. Rules and regulations - Hearings - Consultation and advice.

The Council, with at least five members concurring, shall submit recommended rules to the Board concerning the listing and characterization of hazardous waste, the construction and operation of hazardous waste facilities, specific disposal practices for specified wastes, the transportation and storage of hazardous waste, and the recycling, storage and transportation of recyclable materials. The Council shall consult with and advise the Department on matters relating to hazardous waste management.
Laws 1981, c. 322, § 5, eff. July 1, 1981; Laws 1992, c. 403, § 10, eff. Sept. 1, 1992; Laws 1993, c. 145, § 89, eff. July 1, 1993. Renumbered from Title 63, § 1-2004.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-108. Hazardous waste facilities - Permit for storage, 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 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.
Added by Laws 1981, c. 322, § 10, eff. July 1, 1981. Amended by Laws 1990, c. 196, § 6, emerg. eff. May 10, 1990; Laws 1990, c. 296, § 3, operative July 1, 1990; Laws 1991, c. 173, § 8; Laws 1992, c. 403, § 25, eff. Sept. 1, 1992; Laws 1993, c. 145, § 91, eff. July 1, 1993. Renumbered from Title 63, § 1-2009.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 20, eff. July 1, 1994; Laws 1999, c. 284, § 3, emerg. eff. May 27, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-110. Liquid hazardous waste - Certain disposal prohibited - 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.
Added by Laws 1986, c. 180, § 4, emerg. eff. May 15, 1986. Amended by Laws 1992, c. 403, § 20, eff. Sept. 1, 1992; Laws 1993, c. 145, § 93, eff. July 1, 1993. Renumbered from Title 63, § 1-2006.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 373, § 19, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-112. Hazardous waste facility construction to be supervised.

The design, testing and construction of a hazardous waste facility shall be conducted under the supervision of a professional engineer, registered in Oklahoma, with training and experience in suitable disciplines.
Laws 1976, c. 251, § 8; Laws 1978, c. 260, § 7, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 8, eff. July 1, 1981. Renumbered from Title 63, § 2758 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1992, c. 403, § 21, eff. Sept. 1, 1992; Laws 1993, c. 145, § 95, eff. July 1, 1993. Renumbered from Title 63, § 1-2007 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-113.1. Issuance of permits - Suitability of facility - Administrative procedures.

A. The Department of Environmental Quality shall issue permits for hazardous waste facilities. A permit shall be issued only upon proper application and determination by the Department that the proposed site and facility are physically and technically suitable.
B. Upon a finding that a proposed hazardous waste facility is not physically or technically suitable, the Department shall deny the permit.
C. In accordance with the provisions of Section 2-14-304 of this title, an administrative permit hearing shall be available on a proposed permit which is based on a Tier III hazardous waste permit application for a new permit or for the modification of an existing permit involving a fifty percent (50%) or more increase in permitted capacity for storage, treatment or disposal including but not limited to incineration.
D. The Department may, upon determining that public health or safety requires emergency action, issue a temporary permit for treatment or storage of hazardous waste or recyclable material for a period not to exceed ninety (90) days without the prior notices and opportunity to request a public meeting or the administrative permit hearing required by this section or the Oklahoma Uniform Environmental Permitting Act. Any person aggrieved by such permit may seek judicial review.
Added by Laws 1994, c. 373, § 27, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 4, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-114. New hazardous waste facilities within eight miles of corporate limits - Exemptions.

A. Except as provided in subsections B and C of this section, no permit shall be issued for the off-site disposal of hazardous waste or for the off-site treatment of hazardous waste by incinerator at a new hazardous waste facility proposed to be located within eight (8) miles of the corporate limits of an incorporated city or town. For the purposes of this section the corporate limits of an incorporated city or town shall be the corporate limits in effect on January 1 of the year the application is filed, and a new hazardous waste facility means a hazardous waste facility that was not in operation and actively treating hazardous waste by incineration or disposing of hazardous waste during the year preceding August 30, 1991. Addition of new treatment, storage or disposal units to an existing hazardous waste facility does not constitute a new facility.
B. This section shall not apply to any facility accepting hazardous waste exclusively for the purpose of conducting treatment research and design tests.
C. This section shall not apply to a proposed site located on property owned or operated by a person who also owns or operates a hazardous waste facility on contiguous property on which a hazardous waste facility was operating pursuant to a valid permit on August 30, 1991.
Added by Laws 1991, c. 173, § 13. Amended by Laws 1992, c. 403, § 35, eff. Sept. 1, 1992; Laws 1993, c. 145, § 97, eff. July 1, 1993. Renumbered from Title 63, § 1-2014.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 373, § 20, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-118. Facilities that recycle hazardous waste - Permit 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 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.
Added by Laws 1990, c. 296, § 6, operative July 1, 1990. Amended by Laws 1991, c. 173, § 12; Laws 1992, c. 403, § 34, eff. Sept. 1, 1992; Laws 1993, c. 145, § 101, eff. July 1, 1993. Renumbered from Title 63, § 1-2014.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 30, eff. July 1, 1993; Laws 1994, c. 373, § 24, eff. July 1, 1994; Laws 1995, c. 1, § 8, emerg. eff. March 2, 1995; Laws 1995, c. 285, § 6, eff. July 1, 1995; Laws 2013, c. 7, § 1, eff. Nov. 1, 2013.
NOTE: Laws 1994, c. 353, § 22 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-119. Permit fees.

A. The Environmental Quality Board shall establish a schedule of fees, pursuant to Section 2-3-402 of this title and the Administrative Procedures Act, to be charged for applications to issue and renew permits for hazardous waste facilities and for the regulation of hazardous waste. Such fees shall only be used for the implementation of the provisions of the Oklahoma Hazardous Waste Management Act pursuant to Section 2-3-402 of this title.
B. The Environmental Quality Board shall charge fees only within the following ranges:
For permit application:
$5,000.00 to $50,000.00
For application resubmittal:
$100.00 to $1,000.00
For monitoring:
$300.00 to $2,000.00 per year.
C. The Environmental Quality Board shall develop a separate schedule of reduced fees of not less than Twenty-five Dollars ($25.00) and no more than Seventy-five Dollars ($75.00) for small quantity generators.
Added by Laws 1985, c. 113, § 1, emerg. eff. May 30, 1985. Amended by Laws 1986, c. 229, § 1, emerg. eff. June 10, 1986; Laws 1992, c. 403, § 13, eff. Sept. 1, 1992; Laws 1993, c. 145, § 102, eff. July 1, 1993. Renumbered from Title 63, § 1-2005.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 23, eff. July 1, 1994; Laws 2000, c. 130, § 1, emerg. eff. April 24, 2000; Laws 2021, c. 33, § 2, eff. July 1, 2021.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-120. Fee for disposal of liquid waste other than controlled industrial waste in underground injection well.

Any person subject to regulation by the Department of Environmental Quality disposing of liquid waste other than hazardous waste in an underground injection well that is required to be permitted shall pay a fee of two-hundredths of one cent (2/100 of $0.01) per gallon for such disposal, provided that the total fee shall be not less than Ten Thousand Dollars ($10,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per year. The total fee for injection of drinking water treatment residuals into a Class V underground injection well shall be not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) per year. The fee shall be paid to the Department on a quarterly basis within one (1) month following the close of each quarter for the waste disposed in that preceding quarter. The fees shall be deposited into the Department of Environmental Quality Revolving Fund.
Added by Laws 1991, c. 173, § 5. Amended by Laws 1992, c. 403, § 16, eff. Sept. 1, 1992; Laws 1993, c. 10, § 7, emerg. eff. Mar. 21, 1993; Laws 1993, c. 145, § 103, eff. July 1, 1993. Renumbered from Title 63, § 1-2005.3B by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 32, eff. July 1, 1993; Laws 2015, c. 282, § 1.
NOTE: Laws 1992, c. 361, § 1 repealed by Laws 1993, c. 10, § 16, emerg. eff. Mar. 21, 1993. Laws 1993, c. 148, § 1 repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-121.1. Waiver of fee.

A. The Department of Environmental Quality may direct a facility to waive the fees described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A of the Oklahoma Statutes for hazardous waste received from certain sites undergoing response actions under the authority of the federal Comprehensive Environmental Response, Compensation and Liability Act. A fee waiver may only be granted for response actions financed through the Superfund Trust Fund that are conducted by the Department or the federal Environmental Protection Agency, when the amount of fee waiver will qualify towards the contributions required of the state for such actions.
B. The Department of Environmental Quality may direct a facility to waive the fees described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A of the Oklahoma Statutes for hazardous waste received from certain sites in Oklahoma undergoing remedial actions that are being conducted as a result of:
1. A consent order approved by the Department;
2. Fulfilling the requirements of a Compliance Schedule issued by the Department as a result of a permit; or
3. A Brownfields action that has been approved by the Department.
Such fee waivers may be granted for remedial actions only when the amount of the fee waiver will qualify toward the contributions required of the state in response actions financed through the Superfund Trust Fund. The Department shall void all waivers for fees as described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A should the requirements of any Consent Order, Compliance Schedule, or Brownfields action not be fulfilled as stipulated.
Added by Laws 1999, c. 284, § 4, emerg. eff. May 27, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-122. Disposal by underground injection - Limitation of annual fee.

The Department shall not assess an annual fee for the on-site disposal of hazardous waste by underground injection which exceeds Fifty Thousand Dollars ($50,000.00).
Added by Laws 1992, c. 201, § 7, emerg. eff. May 12, 1992. Amended by Laws 1993, c. 145, § 105, eff. July 1, 1993. Renumbered from Title 63, § 1-2002.a by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-124. Monitoring of closed facility.

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.
Laws 1976, c. 251, § 10; Laws 1978, c. 260, § 9, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 11, eff. July 1, 1981. Renumbered from Title 63, § 2760 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1985, c. 113, § 2, emerg. eff. May 30, 1985; Laws 1992, c. 403, § 24, eff. Sept. 1, 1992; Laws 1993, c. 145, § 107, eff. July 1, 1993. Renumbered from Title 63, § 1-2009 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-125. Hazardous waste manifest.

A. Persons generating hazardous waste shall provide a manifest to the operator of any mode of any off-site transportation carrying hazardous waste. Such manifest shall be in a form which has been prescribed by the Department of Environmental Quality. The manifest shall also set forth the type, amount, approximate content, origin and destination of the waste. Such operator shall have the manifest in his or her possession while transporting or handling the hazardous waste. Upon delivery of the hazardous waste to a facility duly authorized to accept such waste, the operator shall submit such manifest to the receiving person for processing pursuant to rules promulgated by the Board.
B. No person shall transport, receive, treat or dispose of hazardous waste without having the manifest in his or her possession.
Added by Laws 1976, c. 251, § 11. Amended by Laws 1978, c. 260, § 10, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 12, eff. July 1, 1981. Renumbered from Title 63, § 2761 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1990, c. 296, § 4, operative July 1, 1990; Laws 1992, c. 403, § 26, eff. Sept. 1, 1992; Laws 1993, c. 145, § 108, eff. July 1, 1993. Renumbered from Title 63, § 1-2010 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2000, c. 130, § 2, emerg. eff. April 24, 2000; Laws 2006, c. 175, § 2, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-126. Orders.

In addition to any other remedies provided in the Oklahoma Hazardous Waste Management Act, the Department of Environmental Quality may issue a written order to any person whom the Department has reason to believe has violated or is presently in violation of the Oklahoma Hazardous Waste Management Act, or any rule promulgated thereunder.
1. Such order may require compliance with the Oklahoma Hazardous Waste Management Act or such rule immediately or within a specified time period or both. Such order may also assess an administrative penalty for any past or current violation of the Oklahoma Hazardous Waste Management Act or the rules and for each day or part of a day that such person fails to comply with such order.
a.
Any order issued pursuant to this section shall state with specificity the nature of the violation or violations.
b.
Any penalty assessed in the order shall not exceed Twenty-five Thousand Dollars ($25,000.00) per day of noncompliance for each violation of the Oklahoma Hazardous Waste Management Act, the rules or the order. In assessing such penalties, the Executive Director shall consider the seriousness of the violation or violations and any good faith efforts to comply with applicable requirements.
2. Any order issued pursuant to this section shall become a final order unless, no later than fifteen (15) days after the order is served, the person or persons named therein request an administrative enforcement hearing. Upon such request the Department shall promptly provide for the hearing. The Department shall dismiss such proceedings where past and current compliance with the Oklahoma Hazardous Waste Management Act, the rules and the order is demonstrated.
a.
Orders and hearings are subject to the Administrative Procedures Act.
b.
A final order following an enforcement hearing may assess an administrative penalty of an amount based upon consideration of the evidence but not exceeding the amount stated in the written order.
c.
The Department may adopt procedural rules as necessary and appropriate to implement the provisions of this section.
3. Any order issued pursuant to the Oklahoma Hazardous Waste Management Act may require that corrective action be taken beyond the hazardous waste facility boundary where necessary to protect human health and the environment, unless the owner or operator of the facility demonstrates that, despite the owner's or operator's best efforts, the owner or operator is unable to obtain the necessary permission to undertake such action.
Added by Laws 1985, c. 113, § 3, emerg. eff. May 30, 1985. Amended by Laws 1986, c. 180, § 5, emerg. eff. May 15, 1986; Laws 1990, c. 196, § 7, emerg. eff. May 10, 1990; Laws 1991, c. 173, § 11; Laws 1992, c. 403, § 28, eff. Sept. 1, 1992; Laws 1993, c. 145, § 109, eff. July 1, 1993. Renumbered from Title 63, § 1-2012.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993; Laws 1998, c. 186, § 2, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-127. Corrective action - Permit review - Permit renewal - Information and reports.

A. In accordance with standards established by the Administrator of the Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act, the Department may require corrective action beyond a hazardous waste facility boundary as a condition of the issuance of a permit pursuant to the Oklahoma Hazardous Waste Management Act, where necessary to protect human health and the environment, unless the owner or operator of the facility demonstrates that despite the owner's or operator's best efforts such owner or operator is unable to obtain the necessary permission to undertake such action. The Department may also require, as a condition of a permit issued pursuant to the Oklahoma Hazardous Waste Management Act, corrective action for all releases of hazardous waste from any solid waste management unit at a facility seeking a permit, regardless of the time the waste was placed in such unit. If such corrective action cannot be completed prior to issuance of the permit, such permit shall contain schedules of compliance for the corrective action required and assurances of financial responsibility for completing such corrective action.
B. The Department shall review each permit for a hazardous waste land disposal facility five (5) years after the date of such issuance or reissuance and shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable standards and permit requirements for hazardous waste facilities. Nothing in this subsection shall preclude the Department from reviewing and modifying a permit at any time during its term. The Department, in reviewing any application for a permit renewal, shall consider improvements in the state of control and measurement technology and changes in applicable regulations. Each issued or reissued permit shall contain such terms and conditions as the Department determines necessary to protect human health and the environment.
C. The Department is authorized to require each owner or operator applying for a permit for a hazardous waste landfill or surface impoundment to submit with the permit application information reasonably ascertainable by the owner or operator concerning the potential exposure to the public of hazardous wastes as a result of releases from a hazardous waste unit. The Department shall be authorized to make exposure and health assessment information available to the public and to other state and federal agencies.
Laws 1986, c. 180, § 6, emerg. eff. May 15, 1986; Laws 1992, c. 403, § 30, eff. Sept. 1, 1992; Laws 1993, c. 145, § 110, eff. July 1, 1993. Renumbered from Title 63, § 1-2012.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-128. Administrative penalties - Disposition and use.

Administrative penalties collected by the Department pursuant to the Oklahoma Hazardous Waste Management Act shall be paid into the Hazardous Waste Fund.
Laws 1985, c. 113, § 4, emerg. eff. May 30, 1985; Laws 1992, c. 403, § 29, eff. Sept. 1, 1992; Laws 1993, c. 145, § 111, eff. July 1, 1993. Renumbered from Title 63, § 1-2012.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-129. Violations - Civil penalties.

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.
Laws 1976, c. 251, § 13; Laws 1978, c. 260, § 12, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 14, eff. July 1, 1981. Renumbered from Title 63, § 2763 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1991, c. 173, § 10; Laws 1992, c. 403, § 27, eff. Sept. 1, 1992; Laws 1993, c. 145, § 112, eff. July 1, 1993. Renumbered from Title 63, § 1-2012 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-130. Violations - Criminal penalties.

Except as otherwise provided by the Oklahoma Hazardous Waste Management Act or other law, any person who violates any of the provisions of the Oklahoma Hazardous Waste Management Act or rules promulgated thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment in the county jail for not more than six (6) months, or a fine of not less than Two Hundred Dollars ($200.00) nor more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment. Each day or part of a day during which such violation is continued or repeated shall constitute a new and separate offense.
Laws 1976, c. 251, § 12; Laws 1978, c. 260, § 11, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 13, eff. July 1, 1981. Renumbered from Title 63, § 2762 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1991, c. 173, § 9; Laws 1993, c. 145, § 113, eff. July 1, 1993. Renumbered from Title 63, § 1-2011 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-131. Initiation and prosecution of action.

Upon request of the Department, the district attorney of the county in which any violation of the Oklahoma Hazardous Waste Management Act or rules promulgated thereunder occurs shall initiate and prosecute any civil or criminal proceeding provided by the Oklahoma Hazardous Waste Management Act.
Laws 1978, c. 260, § 13, emerg. eff. May 10, 1978. Renumbered from Title 63, § 2763.1 by Laws 1981, c. 322, § 18, eff. July 1, 1981. Amended by Laws 1993, c. 145, § 114, eff. July 1, 1993. Renumbered from Title 63, § 1-2013 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-132. Appeal of issuance of permit - Stay of time restraints.

The filing of a proceeding appealing the issuance of a permit authorizing a hazardous waste facility shall stay any time restraints specified in the permit relating to the term or expiration of the permit.
Added by Laws 1990, c. 296, § 5, operative July 1, 1990. Amended by Laws 1992, c. 403, § 31, eff. Sept. 1, 1992; Laws 1993, c. 145, § 115, eff. July 1, 1993. Renumbered from Title 63, § 1-2012.4 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 373, § 25, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-133. Intervention.

The Department shall not oppose intervention by any person when permissive intervention may be authorized by statute or rule.
Laws 1981, c. 322, § 15, eff. July 1, 1981; Laws 1993, c. 145, § 116, eff. July 1, 1993. Renumbered from Title 63, § 1-2013.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-134. Summary suspension of permit for failure to remit penalty or fee - Revocation proceedings.

A. Unless otherwise authorized by the Department of Environmental Quality or stayed by a court of review, if a hazardous waste treatment, storage, disposal or recycling facility fails to remit to the Department any administrative penalty assessed against the facility pursuant to the provisions of the Oklahoma Environmental Quality Code, within the time period established by the final or consent order, the Department shall summarily suspend the hazardous waste operating permit of the facility.
B. Unless otherwise authorized by the Department or stayed by a court of review, if a hazardous waste treatment, storage, disposal or recycling facility fails to pay to the Department any fee required to be remitted to the Department on a quarterly, annual or other periodic basis pursuant to the provisions of this article or by rule promulgated pursuant thereto within sixty (60) days after an invoice is mailed by certified mail, return receipt requested, to the facility by the Department, the Department shall summarily suspend the hazardous waste operating permit of the facility.
C. Following suspension of a permit pursuant to the provisions of this section, the Department shall promptly institute proceedings for revocation of the permit pursuant to Section 2-3-502 of Title 27A of the Oklahoma Statutes.
D. Unless otherwise ordered by the Department or a court of review, the suspension or revocation of a hazardous waste operating permit shall not be deemed to relieve the facility from permit requirements for corrective action, closure of hazardous waste units, postclosure maintenance and monitoring, or similar requirements which relate primarily to remediation or closure.
E. The suspension or revocation of a hazardous waste operating permit shall not be deemed to require cessation of any operations at the facility which are unrelated to the treatment, storage, disposal or recycling of waste.
Added by Laws 1998, c. 186, § 3, eff. Nov. 1, 1998.