reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-301. Short title.

This part shall be known and may be cited as the "Hazardous Waste Fund Act".
Laws 1982, c. 202, § 1; Laws 1992, c. 403, § 36, eff. Sept. 1, 1992; Laws 1993, c. 145, § 118, eff. July 1, 1993. Renumbered from Title 63, § 1-2015 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-302. Purposes of act.

The purposes of the Hazardous Waste Fund Act are to:
1. Protect public health and safety, and the natural resources of the State of Oklahoma;
2. Provide for response to environmental emergencies and incidents; and
3. Establish a fund administered by the Department which will be available to monitor hazardous waste management facilities and to respond and assist municipalities and counties in responding to any emergency situation involving hazardous waste.
Laws 1982, c. 202, § 2; Laws 1992, c. 403, § 37, eff. Sept. 1, 1992; Laws 1993, c. 145, § 119, eff. July 1, 1993. Renumbered from Title 63, § 1-2016 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-303. Definitions.

As used in the Hazardous Waste Fund Act and in addition to the definitions used in the Oklahoma Hazardous Waste Management Act:
1. "Discharge" means any releasing, spilling, leaking, leaching, seeping, pouring, draining, emptying, dumping, expelling or any other emitting of hazardous waste into the environment beyond the confines of a licensed disposal site; and
2. "Incident" means any occurrence or series of occurrences which result in the discharge of hazardous waste which create an injury to any person or property.
Laws 1982, c. 202, § 3; Laws 1992, c. 403, § 38, eff. Sept. 1, 1992; Laws 1993, c. 145, § 120, eff. July 1, 1993. Renumbered from Title 63, § 1-2017 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-304. Creation of fund - Status - Expenditures - Purpose - Control and management - Use - Emergencies.

A. There is hereby created in the State Treasury a special fund for the Department to be designated as the "Hazardous Waste Fund". This fund shall consist of monies transferred to it from funds appropriated to the Department for this purpose and from other sources as provided by law. The fund shall be a continuing fund not subject to fiscal year limitations. Expenditures from the Hazardous Waste Fund shall be made upon warrants issued by the State Treasurer against claims submitted to the Director of the Office of Management and Enterprise Services for approval and payment. The fund shall be for the purpose of protecting public health and safety as prescribed in the Hazardous Waste Management Act and for providing basic emergency response training and protective equipment and for response or remediation activities authorized in subsection F of Section 2-7-121 of this title. The Department is authorized, upon the request of a municipality or county, to assist such municipality or county in the development of emergency response plans. The fund shall be under the control and management of the administrative authority of the Department. Pursuant to the provisions of the Hazardous Waste Fund Act, the Department is authorized to determine the manner in which such fund is to be used. The Department of Public Safety and the Department of Civil Emergency Management are authorized and directed to assist and cooperate with the Department in the performance of its duties under the Hazardous Waste Fund Act.
B. Hazardous waste fees paid into the Department of Environmental Quality Revolving Fund pursuant to the Hazardous Waste Management Act may be transferred to the Hazardous Waste Fund.
Added by Laws 1982, c. 202, § 4. Amended by Laws 1992, c. 403, § 39, eff. Sept. 1, 1992; Laws 1993, c. 145, § 121, eff. July 1, 1993. Renumbered from § 1-2018 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 26, eff. July 1, 1994; Laws 2012, c. 304, § 105.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-305. Assistance to political subdivisions.

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.
Laws 1982, c. 202, § 5; Laws 1986, c. 229, § 2, emerg. eff. June 10, 1986; Laws 1992, c. 403, § 40, eff. Sept. 1, 1992; Laws 1993, c. 145, § 122, eff. July 1, 1993. Renumbered from Title 63, § 1-2019 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-306. Rules.

The Board shall promulgate rules to implement and administer the Hazardous Waste Fund Act.
Laws 1982, c. 202, § 6; Laws 1993, c. 145, § 123, eff. July 1, 1993. Renumbered from Title 63, § 1-2020 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-307. Report of use and disposition of funds.

The Department shall annually submit a written report on the use and disposition of the fund to the Oklahoma State Legislature.
Laws 1982, c. 202, § 7; Laws 1993, c. 145, § 124, eff. July 1, 1993. Renumbered from Title 63, § 1-2021 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-402. Definitions.

As used in the Oklahoma Highway Remediation and Cleanup Services Act:
1. "Highway remediation and cleanup service" means the removal of cargo involved in and the containment, removal or remediation of spills occurring as the result of a collision involving a truck, truck-tractor, trailer, or any combination thereof;
2. "Executive Director" means the Executive Director of the Department of Environmental Quality;
3. "Department" means the Department of Environmental Quality; and
4. "Operator" means any person owning, operating or engaging in a highway remediation and cleanup service.
Added by Laws 2006, c. 243, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-403. Licensure and regulation of highway remediation and cleanup services and operators.

A. The Department of Environmental Quality shall have the power and authority to license, supervise, govern and regulate highway remediation and cleanup services and highway remediation and cleanup service operators in this state.
B. The Environmental Quality Board is authorized to adopt rules as necessary to implement the provisions of this act. The rules shall state the requirements for facilities, for storage of vehicles, the records to be kept by operators and liability insurance and other insurance or bonding requirements in such sums and with such provisions as the Department deems necessary to adequately protect the interests of the public. The rules may address such other matters as the Board deems necessary for the protection of the public.
Added by Laws 2006, c. 243, § 4, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-405. Authority to employ or contract with remediation service of choice - Hazardous conditions exception.

The provisions of this act shall not preclude any person in need of any highway remediation or cleanup service from employing or contracting with any licensed highway remediation service of choice, except where hazardous conditions exist which pose an imminent threat to human health or the environment, in which case a law enforcement officer may contact any available highway remediation and cleanup service operator or any other provider of a needed service as the officer deems necessary as safety and time conditions warrant.
Added by Laws 2006, c. 243, § 6, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-7-406. Applicability - Exceptions.

A. The provisions of the Oklahoma Highway Remediation and Cleanup Services Act shall not apply to discharges or spills from rail transportation, vehicles or cargo at locations including, but not limited to, highway, street or road intersections or other locations involving railroad tracks.
B. The provisions of the Oklahoma Highway Remediation and Cleanup Services Act shall not apply to discharges or spills from vehicles, cargo or electrical equipment under the control of an electric utility.
Added by Laws 2009, c. 72, § 1, emerg. eff. April 21, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-101. Short title.

This article shall be known and may be cited as the "Central Interstate Low-Level Radioactive Waste Compact".
Laws 1983, c. 27, § 1; Laws 1993, c. 145, § 125, eff. July 1, 1993. Renumbered from Title 63, § 1-2101 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-103. Authorization to execute Compact.

The Governor, on behalf of this state, is authorized to execute the Central Interstate Low-Level Radioactive Waste Compact, in order for this state to become a party state as defined in paragraph J of Article II of the compact. For the purposes of the Central Interstate Low-Level Radioactive Waste Compact, the state has not entered into an interstate compact until the compact becomes effective by its own terms.
Laws 1983, c. 27, § 3; Laws 1993, c. 145, § 127, eff. July 1, 1993. Renumbered from Title 63, § 1-2103 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-201. Oklahoma representatives to Central Interstate Low-Level Radioactive Waste Compact Commission.

The member of the Central Interstate Low-Level Radioactive Waste Compact Commission representing the State of Oklahoma shall be the Executive Director of the Department of Environmental Quality or the designated representative of the Executive Director.
Laws 1983, c. 27, § 4; Laws 1992, c. 380, § 2, eff. July 1, 1992; Laws 1993, c. 145, § 128, eff. July 1, 1993. Renumbered from Title 63, § 1-2104 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-202. Rules - Apportionment of fees.

A. The Environmental Quality Board, with the assistance of the Radiation Management Advisory Council, shall promulgate, in accordance with the Administrative Procedures Act, for the purpose of the compact, rules for the generating, storing, packaging and transporting of low-level radioactive waste generated within Oklahoma and the packaging and transporting of such waste passing through this state.
B. The Board rules shall be consistent with and may incorporate such standards of the U.S. Nuclear Regulatory Commission and of the U.S. Department of Transportation by reference. The Department of Environmental Quality shall administer and enforce the provisions of the Central Interstate Low-Level Radioactive Waste Compact and the rules of the Board.
C. The annual fees of the State of Oklahoma due the Central Interstate Low-Level Radioactive Waste Compact Commission shall be apportioned among those generators disposing of low-level radioactive waste as determined by the Central Interstate Low-Level Radioactive Waste Compact Commission unless the Department determines to use other funds available to it for that purpose.
Laws 1983, c. 27, § 5; Laws 1993, c. 145, § 129, eff. July 1, 1993. Renumbered from Title 63, § 1-2105 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2008, c. 160, § 2, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-203. Oklahoma rate-review agency.

For purposes of Article III of the Central Interstate Low-Level Radioactive Waste Compact, the Corporation Commission is designated as the rate-review agency for the State of Oklahoma.
Laws 1983, c. 27, § 6; Laws 1993, c. 145, § 130, eff. July 1, 1993. Renumbered from Title 63, § 1-2106 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-8-204. Study of Oklahoma as low-level radioactive waste disposal site.

The Department and the Radiation Management Advisory Council shall study the procedural and substantive authority, criteria and physical and technical standards that would be advisable and necessary for the protection of the health, safety and welfare of the public and the environment concerning the licensure and subsequent construction and operation of a low-level radioactive waste disposal site in this state should Oklahoma be considered as one of the host states for the region, in accordance with Articles IV and V of the Central Interstate Low-Level Radioactive Waste Compact. The Department shall annually submit written findings and recommendations to the Governor and to the Legislature.
Laws 1983, c. 27, § 7; Laws 1993, c. 145, § 131, eff. July 1, 1993. Renumbered from Title 63, § 1-2107 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-9-103. Official agency for regulatory activities - Application of act - Agreements with United States Nuclear Regulatory Commission.

A. The Department of Environmental Quality is hereby designated as the official agency of the State of Oklahoma for all regulatory activities for the use of atomic energy and sources of radiation, except for the use of sources of radiation by diagnostic x-ray facilities, and shall act as the coordinating agency for the purpose of cooperating with other states, the United States Public Health Service, and the United States Nuclear Regulatory Commission, and other federal agencies in the administration of programs relating to atomic energy and sources of radiation, available to the State of Oklahoma under federal laws; and it shall encourage, participate in, and conduct investigations, training and demonstrations relating to constructive uses of radiation and the prevention and control of its associated harmful effects, the control of radiation hazards, the measurement of radiation, the effects to health on exposure to radiation, and related problems.
B. Nothing in this article shall interfere with the doctor-patient relationship of any practitioner of the healing arts; nor shall anything in this act prohibit a licensed practitioner of the healing arts, or an individual under the direction of such licensed practitioner, from using X-rays or fluoroscopes for diagnostic purposes, as authorized under the specific licensing act for the practitioner and other law.
C. The Governor, on behalf of this state, may enter into agreements with the United States Nuclear Regulatory Commission, pursuant to Section 274b of the Atomic Energy Act of 1954, as amended, providing for discontinuance of specified responsibilities of the federal government and for the assumption thereof by this state with respect to byproduct material, special nuclear material, and sources of radiation.
D. Any person who, on the effective date of an agreement under subsection C of this section, possesses a license which is subject to that agreement and which is issued by the United States Nuclear Regulatory Commission for radioactive materials, shall be deemed to possess a like license issued under the Radiation Management Act. Such license shall expire on the date of expiration specified in the federal Nuclear Regulatory Commission license.
Added by Laws 1993, c. 145, § 134, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-9-104. Rules.

A. The Board shall have the authority to promulgate rules on the following: the establishment of standards for safe levels of protection against radiation; the maintenance and submission of records; the determination, prevention and control of radiation hazards; the reporting of radiation accidents; the handling, storage and registration of sources of radiation; periodic inspections of facilities using sources of radiation; the review and approval of plans, and the issuance and revocation of permits and licenses, for the use of sources of radiation; prior to issuance of any permit, requirements to post a bond or acceptable alternative financial assurance guaranteeing proper on-site or off-site storage or disposal; methods and facilities for disposal of sources of radiation; constructive uses of radiation, and prevention and control of its associated harmful effects; and other items deemed necessary for the protection of the public health and safety in radiation. Such rules shall be consistent with nationally recognized standards, which may be included by reference in the adopted rules.
B. The rules shall not apply to electronic products used for diagnosis by diagnostic x-ray facilities or electronic products used for bomb detection by public safety bomb squads within law enforcement agencies of this state or within law enforcement agencies of any political subdivision of this state.
Added by Laws 1993, c. 145, § 135, eff. July 1, 1993. Amended by Laws 2011, c. 335, § 1; Laws 2012, c. 110, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-9-105. Fees.

A. The Board shall, pursuant to Section 24 of this act, establish by rule a fee schedule to be charged for permits, licenses, or radiation protection services for the regulation of any source of radiation by the Department. Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall be used by the Department in administering the radiation management program pursuant to Section 24 of this act.
B. The Board shall consider any federal funding available to the Department, or federal guidelines or requirements for agreement states, when establishing or amending the schedule of fees for radiation permits, licenses or protection services by the Department.
Added by Laws 1993, c. 145, § 136, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-9-106. Topics of investigations, training and demonstrations - Cooperation with other state and federal agencies.

The Department of Environmental Quality shall encourage, participate in and conduct investigations, training and demonstrations relating to:
1. The control of electronic product radiation;
2. The detection and measurement of electronic product radiation;
3. The effects on health of exposure to electronic product radiation; and
4. Safety and consumer protection in the use of electronic products.
The Department of Environmental Quality is hereby designated as the official agency of the State of Oklahoma to cooperate with other states; the United States Department of Health, Education and Welfare; and other federal agencies in the administration of programs relating to the control of electronic product radiation which may be initiated under federal laws.
Added by Laws 1993, c. 145, § 137, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-9-107. Exercise of federal authority - Impoundment of radioactive materials.

The authority reserved to the United States Nuclear Regulatory Commission shall only be exercised by this state after this state has achieved agreement status with the Commission pursuant to Section 274b of the Atomic Energy Act of 1954, as amended. In the event of an emergency which threatens the public health, safety and welfare or the environment, the Department of Environmental Quality may impound or order the impounding of by-product material, special nuclear material, and sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of the Radiation Management Act or any rules issued thereunder. The costs of such impoundment shall be assessed against such person.
Added by Laws 1993, c. 145, § 138, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-101. Short title.

This article shall be known and may be cited as the Oklahoma Solid Waste Management Act.
Laws 1970, c. 69, § 1, emerg. eff. March 17, 1970. Renumbered from Title 63, § 2251 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 139, eff. July 1, 1993. Renumbered from Title 63, § 1-2300 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-102. Purpose.

It is the purpose of the Oklahoma Solid Waste Management Act and it is hereby declared to be the policy of this state and its political subdivisions to regulate the collection, transportation, processing and disposal of solid waste in a manner that will:
1. Protect the public health, safety and welfare;
2. Protect the environment of the state;
3. Conserve valuable land and other natural resources;
4. Enhance the beauty and quality of the environment; and
5. Encourage recycling of solid waste.
Laws 1970, c. 69, § 2, emerg. eff. March 17, 1970; Laws 1981, c. 324, § 1, emerg. eff. June 30, 1981; Laws 1990, c. 225, § 1, eff. Sept. 1, 1990. Renumbered from Title 63, § 2252 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 140, eff. July 1, 1993. Renumbered from Title 63, § 1-2301 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-203. Department of Environmental Quality designated state agency for participation in federal program.

The Department is hereby designated the agency to implement the federal Solid Waste Disposal Act (Public Law 89-272) as it exists or may be amended.
Laws 1970, c. 69, § 11, emerg. eff. March 17, 1970. Renumbered from Title 63, § 2261 by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990; Laws 1993, c. 145, § 144, eff. July 1, 1993. Renumbered from Title 63, § 1-2419 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-205.1. Recycling - Protection from unnecessary and burdensome regulation.

A. To further the goals promoted in the Oklahoma Recycling Initiative, Section 2-10-205 of this title, it is necessary to protect recycled material and the businesses who handle it from unnecessary and burdensome regulation. To prevent such impediments:
1. The generator of recoverable materials shall retain ownership of those materials until the generator donates or sells those materials to another entity. Units of government shall not require such a generator to convey, donate or sell recoverable materials to that government or to a designated facility, nor restrict such a generator's right to donate or sell recoverable materials to any other entity; and
2. The ownership of recoverable materials is transferred to the operator of a recoverable collection program at the time such materials are placed into a container provided by the operator for the collection of such materials. If the operator is operating under a contract with and on behalf of a unit of government, the terms of the contract shall determine the ownership of the recoverable materials.
B. No provision of this section shall be construed to prevent units of government from requiring generators of recoverable materials under their jurisdiction to separate recoverable materials for recycling collection.
Added by Laws 1996, c. 270, § 1, emerg. eff. May 29, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-301.2. Commercial composting facility - Permit.

No person shall operate a commercial composting facility without a valid permit issued by the Department of Environmental Quality. The Environmental Quality Board shall adopt rules establishing requirements for the permitting and operation of commercial composting facilities. Such rules shall include, without limitation, requirements relating to:
1. Applicant disclosure information;
2. Siting;
3. Design, construction and operation;
4. Water protection and water management, including groundwater monitoring and stormwater control;
5. Closure; and
6. Financial assurance for the proper management and removal of all of the feedstock and product material that the site is capable of storing.
Added by Laws 2011, c. 219, § 4.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-303.1. Availability of administrative permit hearing.

In accordance with the provisions of Section 2-14-304 of this title, an administrative permit hearing shall be available on a proposed permit which is based on a Tier III solid waste permit application for a new permit or for the major modification of an existing permit involving a fifty percent (50%) or more increase in permitted capacity for storage, treatment or disposal including but not limited to incineration.
Added by Laws 1994, c. 373, § 28, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 8, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-304. Variances - One-hundred year flood plains.

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.
Added by Laws 1990, c. 217, § 8, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 149, eff. July 1, 1993. Renumbered from Title 63, § 1-2421 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1995, c. 341, § 2, eff. Jan. 1, 1996.
NOTE: Laws 1995, c. 285, § 9 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-306. Appeal of issuance of permit - Stay of time 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.
Laws 1990, c. 296, § 8, operative July 1, 1990; Laws 1993, c. 145, § 151, eff. July 1, 1993. Renumbered from Title 63, § 1-2414.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-307. Permit application process for solid waste transfer station or yard-waste composting site.

A permit application for a solid waste transfer station or yard-waste composting site shall be subject to any applicable public comment, public meeting and administrative hearing requirements as set forth for the application tier in the Oklahoma Uniform Environmental Permitting Act, unless the board of county commissioners of the county of the proposed site, after opportunity for written or oral public comment, has found the application to be within the scope of the county's solid waste management plan.
Added by Laws 1994, c. 353, § 27, eff. July 1, 1994. Amended by Laws 1995, c. 285, § 10, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-308.1. Disposal of untreated biomedical waste in municipal solid waste landfills prohibited.

No person, firm, association, corporation or cooperative shall dispose of untreated, potentially infectious medical waste in either a municipal solid waste landfill or in any receptacle or system designed to collect and transport solid waste to a municipal solid waste landfill. This prohibition shall include all quantities of untreated sharps but shall not apply to other untreated, potentially infectious medical waste generated in quantities less than sixty (60) pounds (27.2 kilograms) per month from one physical location.
Added by Laws 1997, c. 371, § 2, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-401. Sludge defined.

For purposes of this part, "sludge" means solid waste that is a nonhazardous solid, semi-solid, or liquid residue generated by the treatment of domestic sewage or wastewater by a treatment works or water by a water supply system, or such residue, treated or untreated, which results from commercial, agricultural or agribusiness activities or industrial or manufacturing processes and which is subject to the jurisdiction of the Department.
Added by Laws 1993, c. 145, § 152, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 37, eff. July 1, 1993; Laws 1994, c. 353, § 28, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-402.1. Acceptance of municipal sewage sludge by municipal solid waste landfill.

A. A municipal solid waste landfill shall not accept for disposal any municipal sewage sludge unless:
1. The sludge has been treated to meet Class B requirements for pathogen reduction, as specified in Section 503.32 of Title 40 of the Code of Federal Regulations; and
2. The sludge is demonstrated not to contain free liquids pursuant to the Paint Filter Liquids Test, EPA Method 9095, or any successor free liquids test hereafter adopted by the United States Environmental Protection Agency and approved by the Department of Environmental Quality.
B. The Department may refuse to renew, or may suspend or revoke, a permit issued to a municipal solid waste landfill pursuant to the Oklahoma Solid Waste Management Act for willful violation of the requirements of this section. The authorization for suspension, revocation or nonrenewal pursuant to this subsection is in addition to any other remedies for noncompliance available to the Department pursuant to the Oklahoma Environmental Quality Code.
Added by Laws 2010, c. 206, § 1, emerg. eff. May 5, 2010.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-402. Solid waste permit required for beneficial use, transport, disposal and storage of sludge.

A. In addition to any permit required under Article VI of Chapter 2 of this Code, a solid waste permit shall be required for the beneficial use, transport, disposal and storage of sludge not subject to the direct jurisdiction of a state environmental agency.
B. All sludge application projects shall be operated in conformance with rules promulgated by the Board.
C. A permit issued pursuant to this part shall be subject to the enforcement provisions of Article III of this Code.
D. The provisions of this section shall apply to permit applications filed with the Oklahoma Water Resources Board on or before June 30, 1993, for which no permit has been issued by the Oklahoma Water Resources Board for the land application of industrial waste, wastewater or sludge.
Added by Laws 1993, c. 145, § 153, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 38, eff. July 1, 1993; Laws 1994, c. 353, § 29, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-503. Fund pooling agreements or multiple beneficiary public trusts - Financial assistance programs.

A. Municipalities, counties and regional solid waste management districts may directly, or through a public trust of which they are a beneficiary, enter into agreements or multiple beneficiary public trusts to combine or pool funds by contract with other municipalities, counties, regional solid waste management districts, and public trusts for management and investment when deemed necessary to provide escrow or security funds to ensure operation, maintenance, or closure of solid waste management systems and disposal sites under applicable federal, state or local law.
B. One or more municipalities may establish or participate in a program that provides for each participating municipality or any participating county or regional solid waste management district to furnish financial assurance as required by the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901 et seq., or any other federal, state or local law. The program may establish any combination of financing mechanisms necessary to ensure that funds will be available in a timely fashion when needed to meet a participating entity's obligation thereunder. The program may provide for participating entities to use any means available to them to meet financial obligations pursuant to laws of the state. The program may ensure enforcement of the payment of any financial assurance obligation by a participating entity.
Added by Laws 1993, c. 169, § 1, emerg. eff. May 10, 1993. Renumbered from § 2100 of this title by Laws 1993, c. 324, § 57, eff. July 1, 1993. Amended by Laws 1994, c. 310, § 1, emerg. eff. June 7, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-801.1. Vegetation plan.

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.
Added by Laws 2001, c. 392, § 3, emerg. eff. June 4, 2001. Amended by Laws 2014, c. 227, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-801.2. Solid waste landfill - Exterior and interior slopes.

A. Except as provided in subsection B of this section, the owner and operator of a solid waste landfill shall ensure the following:
1. Exterior slopes, to the edge of the permitted footprint, are maintained at all times to be no steeper overall than four (4) horizontal to one (1) vertical (4:1), except as otherwise provided in a plan approved by the Department of Environmental Quality; and
2. All interior slopes are maintained at all times to be no steeper overall than three (3) horizontal to one (1) vertical (3:1), except as otherwise provided in a plan approved by the Department.
B. The working face slopes of a solid waste landfill may vary during daily placement of waste but shall be graded to meet the applicable interior or exterior slope grades prior to placement of the daily cover of soil or approved alternate daily cover material.
C. The Environmental Quality Board is authorized to promulgate rules recommended by the Solid Waste Management Advisory Council as needed to implement the provisions of this section.
Added by Laws 2011, c. 219, § 5.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-802.1. Application of reimbursement remainder to landfill closures.

In any fiscal year in which the amount reimbursed under paragraph 4 of subsection B of Section 2-10-802 of this title for the costs of purchase and installation of wheel wash systems is less than Fifty Thousand Dollars ($50,000.00), the Department of Environmental Quality may apply any or all of the remainder toward the proper closure of solid waste landfills that meet the following criteria:
1. The landfill is no longer in operation;
2. The owner or operator of the landfill failed to provide sufficient financial assurance for proper closure of the landfill; and
3. The owner or operator of the landfill cannot be identified, found or, despite all reasonable efforts, cannot be compelled to properly close the landfill.
Added by Laws 2007, c. 71, § 2, eff. July 1, 2007. Amended by Laws 2010, c. 301, § 3, eff. July 1, 2010; Laws 2011, c. 219, § 3.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-802.2. Required components of a roofing material recycling facility.

A. In addition to meeting the requirements of the Oklahoma Solid Waste Management Act generally applicable to solid waste disposal sites, including but not limited to permitting, disclosure statement, siting, closure plan and financial assurance, the owner or operator of a roofing material recycling facility shall:
1. Install scales, weigh roofing material received and record weights in accordance with the provisions of paragraphs 1 and 2 of subsection A of Section 2-10-802 of Title 27A of the Oklahoma Statutes;
2. Assess a fee of One Dollar and fifty cents ($1.50) per ton of roofing material received, retaining twenty-five cents ($0.25) per ton for a period of time necessary to recoup a capital investment plus the interest costs expended in purchasing the scales, of Forty Thousand Dollars ($40,000.00). At the end of such period the fee shall revert to One Dollar and twenty-five cents ($1.25) per ton;
3. Remit the fee to the Department of Environmental Quality in accordance with the provisions of paragraphs 7 through 12 of subsection B of Section 2-10-802 of Title 27A of the Oklahoma Statutes. For a return with remittance filed on or before the due date, the owner or operator may deduct and retain ten percent (10%) of the fees collected. Records documenting the capital investment and the use of the funds shall be included with each return; and
4. Submit receipts for the payment for disposal of non-recyclable materials at a permitted landfill or solid waste disposal site in order to receive credit against the fee owed to the Department of Environmental Quality for that tonnage.
B. An operation otherwise meeting the definition of a roofing material recycling facility but that is included within and regulated under a permit for a solid waste land disposal site is not subject to the provisions of this section.
C. The Environmental Quality Board is authorized to adopt rules recommended by the Solid Waste Management Advisory Council as needed to implement the provisions of this section.
Added by Laws 2012, c. 194, § 2, emerg. eff. May 7, 2012.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-803. Fee for treatment, storage or disposal of solid wastes generated outside state - Reciprocal agreements.

A. Subject to the constraints of federal law, the Board shall establish a fee schedule which provides a differential fee for treatment, storage or disposal in Oklahoma of solid wastes generated outside the State of Oklahoma. Said fee shall be not more than ten times the fee for treatment, storage or disposal in the State of Oklahoma of solid wastes generated within the State of Oklahoma. If a federal law is enacted to authorize a prohibition by one state upon the importation of solid wastes from another state based upon the actions or inactions of such other state, then the Board shall adopt regulations establishing the criteria for the operation of such prohibition.
B. The Department is directed to pursue reciprocal agreements regarding fees with all other states which transport solid waste into Oklahoma, provided that any reciprocal agreement shall not allow the fee to be less than the instate solid waste fee for Oklahoma. Fee schedules may be adjusted by the Board to provide for such reciprocity.
Added by Laws 1992, c. 50, § 8, emerg. eff. April 8, 1992. Amended by Laws 1993, c. 145, § 163, eff. July 1, 1993. Renumbered from Title 63, § 1-2307 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-804. Use of fees to implement county solid waste management plans - Authorizing administrative and technical support - Interlocal agreements.

A. The Department of Environmental Quality shall use at least ten percent (10%) of the annual income from the solid waste fees received under Section 2-10-802 of this title to assist in implementing county solid waste management plans developed under Section 2-10-1001 of this title. The Department shall prioritize its assistance for enforcement, clean-up and prevention of unpermitted disposal sites, and the management of solid waste that is hard to dispose.
B. The Department may consult with the Oklahoma Cooperative Circuit Engineering Districts Board and the Oklahoma State University Cooperative Extension Service to assure that boards of county commissioners receive adequate administrative and technical support for implementing their county solid waste plans.
C. Any county, in formulating and implementing its solid waste management plan, may enter into an interlocal agreement with a municipality and may use funds provided by the Department according to this section for such agreements in furtherance of said solid waste management plans.
Added by Laws 1997, c. 371, § 6, eff. July 1, 1997. Amended by Laws 2017, c. 20, § 7, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-805. Solid Waste Facility Emergency Closure Fund Special Account.

A. There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Solid Waste Facility Emergency Closure Fund Special Account". The fund account shall be a continuing fund account, not subject to fiscal year limitations. All monies accruing to the credit of said fund account are hereby appropriated and may be budgeted and expended by the Department for the purpose specified by this section.
B. The fund shall contain only monies appropriated by the Legislature and specifically designated for deposit to the fund.
C. Expenditures from the fund account shall be made upon vouchers prescribed by the State Treasurer and issued by the Department against the Solid Waste Facility Emergency Closure Fund Special Account.
D. No monies shall be expended by the Department from the Solid Waste Facility Emergency Closure Fund Special Account except for closure and monitoring activities at landfill disposal sites where the owner or operator has failed to adequately provide closure and postclosure care and where the financial assurance, as specified in Section 2-10-701 of this title, is insufficient to properly close or monitor the site as required by the rules, and for any action determined to be necessary by the Department for the pursuit of cost recovery as required by this section.
E. The Department shall expeditiously pursue all remedies available to compel the legally responsible parties to perform closure and postclosure monitoring and care as required by the rules, and to seek the recovery of any funds expended by the Department under this section. The Department shall utilize staff or outside counsel to assure such expeditious pursuit of remedies.
F. Nothing in this section shall be construed as a state mechanism for the financial assurance required of disposal site owners and operators under Section 2-10-701 of this title.
Added by Laws 1997, c. 371, § 7, eff. July 1, 1997. Amended by Laws 2010, c. 413, § 9, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-10-902. Sale or conveyance of property used as solid waste disposal site or landfill.

A. Pursuant to the provisions of this section, any municipality may sell or otherwise convey any of its property within or without the limits of the municipality which is used or has been used as a solid waste disposal site or landfill or for the collection or transfer of solid waste. The provisions of this section shall apply to all such real property owned by the municipality which has been acquired or dedicated for the public use or purpose and for the benefit of the residents of the municipality.
B. The property of the municipality which is used or has been used as a solid waste disposal site or landfill or for the collection or transfer of solid waste may be sold or otherwise conveyed by the municipality if:
1. The municipal governing body provides for a public hearing on the issue of the disposal or conveyance of the property; and
2. A resolution authorizing the execution of any sale or disposal of the property is properly passed and published pursuant to law or ordinance.
Added by Laws 1995, c. 341, § 1, eff. Jan. 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-101. Recycling of waste - Studies.

The Department of Environmental Quality shall provide for the development of a prioritized agenda of studies necessary to provide information to facilitate the design and implementation of recycling initiatives. Such studies may include, but not be limited to:
1. Waste composition analyses for urban and rural areas;
2. Surveys to delineate the knowledge, opinions, and preferences of Oklahoma citizens and businesses with respect to recycling;
3. A range of municipal recycling demonstration projects;
4. Yard waste composting demonstration projects to assist in reclaiming strip-mined land;
5. An assessment of management options for hard-to-handle wastes such as lead-acid batteries, used motor oil, and white goods; and
6. An assessment, in cooperation with the Department of Commerce, of the condition of markets for materials which are being or could be recovered from the municipal solid waste stream in Oklahoma.
It is the intent of the Legislature that as funds become available, the Department of Environmental Quality shall cause the studies specified by this section to be conducted.
Laws 1990, c. 217, § 4, eff. Sept. 1, 1990; Laws 1993, c. 145, § 177, eff. July 1, 1993. Renumbered from Title 63, § 1-2440 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-102. Waste management public education program.

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.
Laws 1990, c. 217, § 5, eff. Sept. 1, 1990; Laws 1993, c. 145, § 178, eff. July 1, 1993. Renumbered from Title 63, § 1-2441 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-103. Recycling initiatives - Cooperation of Department 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.
Laws 1990, c. 217, § 6, eff. Sept. 1, 1990; Laws 1993, c. 145, § 179, eff. July 1, 1993. Renumbered from Title 63, § 1-2443 by Laws 1993, c. 145, § 359, eff. July 1, 1993.