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2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-106. Rules and regulations.

The Board is hereby authorized, after public rulemaking hearing and approval by the Council, to:
1. Promulgate, amend or repeal rules for the prevention, control and abatement of air pollution and for establishment of health and safety tolerance standards for discharge of air contaminants to the atmosphere; and
2. Promulgate such additional rules including but not limited to permit fees, as it deems necessary to protect the health, safety and welfare of the public and fulfill the intent and purpose of these provisions.
Added by Laws 1992, c. 215, § 5, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 43, eff. July 1, 1993. Renumbered from § 1-1806.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-108. Director of Air Quality Program - Powers and duties.

A. A Director of the Air Quality Program shall be appointed and employed by the Executive Director and shall have the following duties and powers:
1. Perform those duties and responsibilities as may be assigned by the Executive Director and as may be required for carrying out the air pollution program of the Department;
2. Attend, or designate an alternate to attend, all meetings of the Council and the Panel, but shall not be entitled to a vote;
3. Serve or appoint a designee to serve as secretary to the Council and serve or appoint a designee to serve as secretary to the Panel;
B. The Department shall:
1. Make recommendations to the Council with respect to rules and air pollution prevention and abatement;
2. Investigate citizen complaints, violations of the Oklahoma Clean Air Act and the rules promulgated thereunder, make inspections, observations and analyses of air pollution conditions; and make recommendations to the Council and to the Executive Director for the issuance of formal complaints and for the prosecution of such complaints by the Department;
3. Keep a record of all meetings of the Council and the Panel; and
4. Notify the members of the Council and the Panel of the time, place and purpose of their respective meetings.
Added by Laws 1992, c. 215, § 8, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 45, eff. July 1, 1993. Renumbered from § 1-1809 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 11, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-111. Field citations - Election of penalty or hearing - Qualifications of persons issuing citations.

A. The Department of Environmental Quality shall have the authority, pursuant to rules of the Board, to implement a field citation program establishing appropriate violations for which field citations assessing administrative penalties may be issued. No citation shall assess a penalty in excess of One Thousand Dollars ($1,000.00) per day, or part of a day, per violation, nor exceed a combined limit of Five Thousand Dollars ($5,000.00) per day. Provided further, no field citation shall be valid unless reviewed for legal sufficiency within ten (10) days of issuance.
1. Any person to whom a field citation is issued may elect to pay the penalty assessment or to request an enforcement hearing. The assessment shall become final and payable unless the request for hearing is made in writing within fifteen (15) days of the citation. Upon such request, the Department shall promptly schedule the enforcement hearing before an administrative law judge for the Department and notify the respondent.
2. Payment of a penalty required by a field citation shall not be construed as an admission of liability or guilt and shall preclude further assessment of administrative penalties for the same violation. It shall not, however, be a defense to further enforcement by the Department for a subsequent violation or to an assessment of the statutory maximum penalty for criminal violations pursuant to other authority in the Oklahoma Clean Air Act.
3. In determining the amount of any penalty to be assessed pursuant to this section, the person issuing a field citation shall take into account the seriousness of the violation, any good faith efforts to comply with applicable requirements and other factors determined by rule to be relevant.
B. Qualifications of persons authorized to issue field citations shall be set by the Department, but shall include as a minimum:
1. Completion of a special course of study developed by the Department specifically for the training of persons for this purpose;
2. A minimum of three (3) years' experience in the air quality service enforcement program;
3. A job classification commensurate with the duties and responsibilities of the individual; and
4. Approval by the Executive Director.
Added by Laws 1992, c. 215, § 11, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 48, eff. July 1, 1993. Renumbered from § 1-1812 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 14, eff. July 1, 1993; Laws 2003, c. 118, § 9, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-116. Violations - Penalties.

A. Any person who knowingly and willfully:
1. Violates any applicable provision of the Oklahoma Clean Air Act or any rule or standard promulgated thereunder;
2. Violates any order issued or permit condition prescribed pursuant to the Oklahoma Clean Air Act;
3. Violates any emission limitation or any substantive provision or condition of any permit;
4. Makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, plan or other document, except for monitoring data, required pursuant to the Oklahoma Clean Air Act to be either filed or maintained;
5. Fails to notify or report as required by the Oklahoma Clean Air Act, rules promulgated thereunder or orders or permits issued pursuant thereto; or
6. Fails to install any monitoring device or method required to be maintained or followed pursuant to the Oklahoma Clean Air Act;
shall, upon conviction, be guilty of a misdemeanor and be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per day of violation or for not more than one (1) year imprisonment in the county jail, or both such fine and imprisonment.
B. Any person who knowingly and willfully:
1. Violates any applicable provision of the Oklahoma Clean Air Act or any rule promulgated thereunder, or any order of the Department or any emission limitation or substantive provision or condition of any permit, and who knows at the time that he thereby places another in danger of death or serious bodily injury;
2. Tampers with or renders inaccurate any monitoring device; or
3. Falsifies any monitoring information required to be maintained or submitted to the Department pursuant to the Oklahoma Clean Air Act;
shall, upon conviction, be guilty of a felony and subject to a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) or for not more than ten (10) years imprisonment, or both such fine and imprisonment.
Added by Laws 1992, c. 215, § 16, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 53, eff. July 1, 1993. Renumbered from § 1-1817 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-117. Civil actions - Injunctions - Abatement - Civil penalties.

A. The Department shall have the authority to commence a civil action for a permanent or temporary injunction or other appropriate relief, or to require abatement of any emission or correction of any contamination, or to seek and recover a civil penalty of not more than Ten Thousand Dollars ($10,000.00) per day for each violation, or all of the above, in any of the following instances:
1. Whenever any person has violated or is in violation of any applicable provision of the Oklahoma Clean Air Act, or any rule promulgated thereunder;
2. Whenever any person has commenced construction, modification or operation of any source, or operates any source in violation of the requirement to have a permit, or violates or is in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma Clean Air Act; or
3. Whenever any person has violated any order of the Department or the Council or any requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air Act.
B. The district attorney or attorneys having jurisdiction shall have primary authority and responsibility for prosecution of any civil or criminal violations under the Oklahoma Clean Air Act and for the collection of any delinquent fees, penalties or fines assessed pursuant to the Oklahoma Clean Air Act and shall be entitled to recover reasonable costs of collection, including attorney fees, and an appropriate fee of up to fifty percent (50%) for collecting delinquent fees, penalties or fines.
Added by Laws 1992, c. 215, § 17, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 54, eff. July 1, 1993. Renumbered from § 1-1818 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-130. Air curtain incinerators – Limitations on required use.

A. 1. The Department of Environmental Quality shall not require the use of an air curtain incinerator for fires purposely set for land clearing operations except in counties or areas within a county that:
a.
are or have been designated nonattainment for National Ambient Air Quality Standards (NAAQS) or where the Department-certified ambient air quality monitoring data documents a violation of primary NAAQS prior to such determination, or
b.
have a population of greater than five hundred thousand (500,000) people according to the latest Federal Decennial Census.
2. For the purposes of this section, "air curtain incinerator" means an incineration unit, operating by forcefully projecting a curtain of air across an open integrated combustion chamber or open pit or trench, in which combustion occurs.
B. The Department shall not require the use of an air curtain incinerator for fires purposely set for the burning of clean wood waste or yard brush except in counties or areas within a county that:
1. Are or have been designated nonattainment for National Ambient Air Quality Standards (NAAQS) or where the Department-certified ambient air quality monitoring data documents a violation of primary NAAQS prior to such determination; or
2. Have a population of greater than five hundred thousand (500,000) people according to the latest Federal Decennial Census.
C. The Department may promulgate rules to limit accumulation of clean wood waste or yard brush.
D. The burning of clean wood waste or yard brush shall not create a public nuisance.
E. The Department shall promulgate rules to carry out the provisions of this section.
Added by Laws 2019, c. 230, § 1, eff. Nov. 1, 2019. Amended by Laws 2021, c. 399, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-101. Definitions.

For purposes of this article:
1. "Aquifer storage and recovery (ASR)" means delivery of water into an aquifer for later recovery and use;
2. "Disposal system" means pipelines or conduits, pumping stations and force mains and all other devices, construction, appurtenances and facilities used for collecting, conducting or disposing of wastewater, including treatment systems;
3. "Drainage basin" means all of the water collection area adjacent to the highest water line of a reservoir which may be considered by the Department to be necessary to protect adequately the waters of the reservoir. The area may extend upstream on any watercourse to any point within six hundred (600) feet of the highest water line of the reservoir;
4. "Indirect discharge" means the introduction of pollutants to a publicly owned treatment works from a nondomestic source;
5. "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agribusiness waste discharged into waters of the state;
6. "Public water supply" means water supplied to the public for domestic or drinking purposes;
7. "Reservoir" means any reservoir, whether completed or in the process of construction, whether or not used as a water supply, and whether or not constructed by any recipient of water therefrom;
8. "Sludge" means 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 manure, or such residue, treated or untreated, which results from industrial, nonindustrial, commercial, or agribusiness activities or industrial or manufacturing processes and which is within the jurisdiction of the Department;
9. "Small public sewage system" means a nonindustrial wastewater treatment system which has an average flow of five thousand (5,000) gallons per day or less;
10. "Treatment works" means any facility used for the purpose of treating or stabilizing wastes or wastewater. "Treatment works" shall be synonymous with "wastewater works"; and
11. "Water supply system" means a water treatment plant, water wells, and all related pipelines or conduits, pumping stations and mains and all other appurtenances and devices used for distributing drinking water to the public and, as such, shall be synonymous with waterworks.
Added by Laws 1993, c. 145, § 56, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 19, eff. July 1, 1993; Laws 1994, c. 353, § 8, eff. July 1, 1994; Laws 1997, c. 217, § 2, eff. July 1, 1997; Laws 1999, c. 413, § 5, eff. Nov. 1, 1999; Laws 2002, c. 227, § 1, emerg. eff. May 9, 2002; Laws 2005, c. 138, § 1, eff. Nov. 1, 2005; Laws 2017, c. 318, § 1, emerg. eff. May 22, 2017.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-102. Declaration of policy.

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas the problem of water pollution of this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to provide that no waste or pollutant be discharged into any waters of the state or otherwise placed in a location likely to affect such waters without first being given the degree of treatment or taking such other measures as necessary to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing water pollution; and to cooperate with other agencies of this state, agencies of other states and the federal government in carrying out these objectives.
Added by Laws 1972, c. 242, § 2. Amended by Laws 1993, c. 145, § 57, eff. July 1, 1993. Renumbered from § 926.2 of Title 82 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-103.1. Contracts for technical assistance programs.

The Department of Environmental Quality may, to the extent funds are available, contract with the Oklahoma Rural Water Association for technical assistance programs to rural water and wastewater system operators throughout the state. The Department may contract with other nonprofit entities in addition to the Oklahoma Rural Water Association for this purpose if the Department, in its discretion, determines that those entities can and will provide equally effective and efficient technical assistance services to rural water and wastewater system operators throughout the state.
Added by Laws 2016, c. 161, § 1, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-103.3. Water standards.

Oklahoma Water Quality Standards, promulgated by the Department of Environmental Quality, shall designate:
1. Watersheds that are nutrient-limited; and
2. Groundwaters that are nutrient-vulnerable.
Added by Laws 1998, c. 404, § 3, eff. Aug. 1, 1998. Renumbered from § 9-203.1 of Title 2 by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2022, c. 185, § 7, eff. Nov. 1, 2022. Renumbered from § 1085.30a of Title 82 by Laws 2023, c. 164, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-103. See the following versions:

OS 27A-2-6-103v1 (HB 3824, Laws 2022, c. 113, § 2).
OS 27A-2-6-103v2 (SB 1325, Laws 2022, c. 185, § 5).
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-104. Purpose and construction.

It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control the pollution of the waters of the state. Nothing herein contained shall be construed to abridge or alter rights of action or remedies under the common law or statutory law, criminal or civil; nor shall any provision of this article, or any act done by virtue thereof, be construed as estopping the state, or any municipality or person, as riparian owners or otherwise, in the exercise of their rights under the common law to suppress nuisances or to abate pollution.
Added by Laws 1972, c. 242, § 13. Amended by Laws 1993, c. 145, § 59, eff. July 1, 1993. Renumbered from § 926.13 of Title 82 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-105. Pollution of state air, land or waters - Order to cease.

A. It shall be unlawful for any person to cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any air, land or waters of the state. Any such action is hereby declared to be a public nuisance.
B. If the Executive Director finds that any of the air, land or waters of the state have been, or are being, polluted, the Executive Director shall make an order requiring such pollution to cease within a reasonable time, or requiring such manner of treatment or of disposition of the sewage or other polluting material as may in his judgment be necessary to prevent further pollution. It shall be the duty of the person to whom such order is directed to fully comply with the order of the Executive Director.
Added by Laws 1993, c. 145, § 60, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-107. Definition – Gray water.

A. "Gray water" means untreated household wastewater that has not come in contact with toilet waste and includes wastewater from bathtubs, showers, washbasins, clothes washing machines and laundry tubs and untreated municipal wastewater limited to wastewater captured from municipal splash pads and water used by fire departments for cleaning equipment and vehicles. Gray water shall not include wastewater from kitchen sinks, kitchen dishwashers or laundry water from the washing of material soiled with human excreta, such as diapers.
B. The definition of gray water in subsection A of this section shall apply only in municipalities enacting ordinances regulating the use of gray water within the limits of their municipal boundaries.
C. The Department of Environmental Quality shall not require a permit for reusing captured wastewater from a splash pad for irrigation or land application, with or without intermediary storage units, if the splash pad is within the jurisdictional boundaries of a municipality or county that has enacted an ordinance or resolution regulating the management of wastewater from splash pads and the ordinance or resolution, at a minimum, includes the same conditions and restrictions as set forth in paragraphs 5, 8, 11, and 12 of subsection A of Section 2-6-108 of this title. For purposes of this subsection, the term "splash pad" shall also include facilities known as spray pools, spray pads, and spray grounds.
Added by Laws 2011, c. 210, § 1, eff. Nov. 1, 2011. Amended by Laws 2015, c. 260, § 1, emerg. eff. May 6, 2015.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-108. Application of less than 250 gallons of private residential gray water - Permitting.

A. The Department of Environmental Quality shall not require a permit for applying less than two hundred fifty (250) gallons per day of private residential gray water originating from a residence for the household gardening, composting or landscape irrigation of the resident if:
1. A constructed gray water distribution system provides for overflow into the sewer system or on-site wastewater treatment and disposal system;
2. A gray water storage tank is covered to restrict access and to eliminate habitat for mosquitoes or other vectors;
3. A gray water system is sited outside of a floodway;
4. Gray water is vertically separated at least five (5) feet above the groundwater table;
5. Gray water pressure piping is clearly identified as a nonpotable water conduit;
6. Gray water is used on the site where it is generated and does not run off the property lines;
7. Gray water is applied in a manner that minimizes the potential for contact with people or domestic pets;
8. Ponding is prohibited, application of gray water is managed to minimize standing water on the surface and to ensure that the hydraulic capacity of the soil is not exceeded;
9. Gray water is not sprayed;
10. Gray water is not discharged to a waterway;
11. Gray water use within municipalities or counties complies with all applicable municipal or county ordinances enacted pursuant to law; and
12. A gray water storage system which complies with the provisions of this section may allow for rainwater to be introduced into the system.
B. For purposes of this section, “gray water” shall be deferred as provided for in Section 2-6-107 of Title 27A of the Oklahoma Statutes.
Added by Laws 2012, c. 203, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-109. Potable reuse of treated wastewater - Storage.

A. No later than August 31, 2012, the Department of Environmental Quality shall convene a working group including municipalities, consulting engineers, technical experts, and the general public to explore opportunities for water reuse and define the process for variances from the construction and operations standards relating to indirect potable reuse, Category 2, and Category 3 reuse waters.
B. No later than July 1, 2013, the Board of Environmental Quality shall promulgate rules for the indirect potable reuse of treated wastewater. The rules shall contain a variance process from the water reuse construction and operation standards.
C. No later than July 1, 2013, the Board shall promulgate rules to develop a variance process from the water reuse construction and operations standards for Category 2 and Category 3 reuse water to authorize the storage of such waters within existing surface impoundments.
D. Rules promulgated pursuant to this section shall protect public health and the environment.
Added by Laws 2012, c. 50, § 1, emerg. eff. April 16, 2012.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-110. Pilot projects for aquifer storage and recovery.

The Department of Environmental Quality is authorized to issue permits for limited-scale pilot projects for the purpose of aquifer storage and recovery. The applications for such projects shall be Tier II applications under the Oklahoma Uniform Environmental Permitting Act. The Department shall determine pilot project criteria and establish a process for the consideration of applications. Each permit shall include any permit conditions the Department deems necessary or appropriate for protection of the aquifer quality. At a minimum these permits must meet the provisions of paragraph 21 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma Statutes.
Added by Laws 2017, c. 318, § 3, emerg. eff. May 22, 2017.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-111. Moratorium on permitting of discharge to water emanating from sensitive sole source groundwater basins or subbasins.

A. For purposes of this section, a "subject mine" shall mean a mine, as defined in paragraph 2 of Section 723 of Title 45 of the Oklahoma Statutes, proposed for a location overlying a sensitive sole source groundwater basin or subbasin, exclusive of any mine that meets at least one of the following conditions:
1. As of November 1, 2019, is engaged in the permitted extraction of minerals from natural deposits; or
2. Satisfies the criteria of paragraph 1 or 2 of subsection C of Section 1020.2 of Title 82 of the Oklahoma Statutes; or
3. Is not to be permitted to operate for a period of more than five (5) years, with no extensions or renewals; or
4. The operation of which will not result in more than five (5) acre-feet per year of groundwater emanating from a sensitive sole source groundwater basin or subbasin to infiltrate its pit, as that term is defined in paragraph 12 of Section 723 of Title 45 of the Oklahoma Statutes.
B. Due to the inadequacy of existing technical resources, analytic tools and regulatory systems for purposes of the effective implementation of statutes relating to the operation of mines that overlies a sensitive sole source groundwater basin or subbasin, the Legislature hereby declares and establishes a moratorium on the Department of Environmental Quality permitting of any discharge from a subject mine to streams fed or supported by water emanating from sensitive sole source groundwater basins or subbasins.
C. The moratorium shall remain in effect until such time as:
1. The conditions of subsection C of Section 3 of this act have been satisfied; and
2. The Department of Environmental Quality promulgates final rules to provide for effective interagency consultation and coordination of activities among the Department, the Oklahoma Water Resources Board and the Department of Mines on all administrative matters relating to the operation of mines at locations that overlie a sensitive sole source groundwater basin or subbasin.
D. Notwithstanding the moratorium, the Department of Environmental Quality may issue any new permits, permit modifications, permit amendments, permit revisions or permit renewals necessary to maintain compliance or remedy identified compliance issues pursuant to Title 27A of the Oklahoma Statutes to operators of any mines lawfully engaged in mining, as defined in paragraph 3 of Section 723 of Title 45 of the Oklahoma Statutes.
E. The Department of Environmental Quality is hereby authorized and instructed to promulgate rules to implement the provisions of this section.
F. The Department of Environmental Quality is hereby authorized to cooperate with federal, tribal and any other agency in this state in performing its responsibilities under this section.
Added by Laws 2019, c. 349, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-201. Short title - Construction and application.

A. This part shall be known and may be cited as the "Oklahoma Pollutant Discharge Elimination System Act".
B. Nothing contained in the Oklahoma Pollutant Discharge Elimination System Act shall expand the authority of the Department of Environmental Quality beyond jurisdictional areas specified in the Oklahoma Environmental Quality Act. Agricultural and oil and gas activities shall not be subject to the Oklahoma Pollutant Discharge Elimination System Act except as specifically provided in Section 1-3-101 of this title.
Added by Laws 1992, c. 398, § 13, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 62, eff. July 1, 1993. Renumbered from § 1001 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2007, c. 146, § 5, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-202. Definitions.

For purposes of the Oklahoma Pollutant Discharge Elimination System Act:
1. "Discharge" includes but is not limited to a discharge of a pollutant or pollutants, and means any addition of any pollutant to waters of the state from any point source regulated by the Department of Environmental Quality;
2. "Effluent limitation" means any established restriction on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into waters of the state, including schedules of compliance;
3. "Organization" means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons;
4. "Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, from which pollutants or wastes are or may be discharged. The term "point source" does not include agricultural stormwater discharges and return flows from irrigated agriculture;
5. "Pretreatment" means the reduction of the amount of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing into a treatment works;
6. "Schedule of compliance" means a schedule of remedial measures including but not limited to an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard;
7. "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and
8. "Storm water" means rain water runoff, snow melt runoff, and surface runoff and drainage.
Added by Laws 1992, c. 398, § 14, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 63, eff. July 1, 1993. Renumbered from § 1002 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-205. Unlawful discharge - Permit requirements - Authority of Department.

A. Except as otherwise provided in subsection B of this section, it shall be unlawful for any facility, activity or entity regulated by the Department of Environmental Quality pursuant to the Oklahoma Pollutant Discharge Elimination System Act to discharge any pollutant into waters of the state or elsewhere without first obtaining a permit from the Executive Director.
B. The Environmental Quality Board shall promulgate rules which prescribe permit requirements applicable to discharges composed entirely of stormwater. The rules may require permits on a case-by-case basis, exempt categories of discharges, or provide a schedule for obtaining a permit. No later than the date that the Department is to receive authorization to administer a state National Pollutant Discharge Elimination Systems program, the Board shall have promulgated rules for stormwater discharges which comply with Environmental Protection Agency requirements for approval of the state National Pollutant Discharge Elimination Systems program.
C. The Department of Environmental Quality shall have the authority to determine whether a facility, activity or entity regulated by the Department pursuant to the Oklahoma Pollutant Discharge Elimination System Act is required to obtain a stormwater permit. No other state agency shall condition any license, permit or other form of authorization issued by that agency upon the applicant obtaining a stormwater permit from the Department if the applicant is not required to obtain a stormwater permit pursuant to Department statutes and rules promulgated by the Board.
Added by Laws 1992, c. 398, § 17, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 66, eff. July 1, 1993. Renumbered from § 1005 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2007, c. 146, § 6, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-302. Cooperation with federal agencies.

A. The Department of Environmental Quality shall be the official agency of the State of Oklahoma to cooperate with federal agencies in all matters affecting public water supplies.
B. The Department shall administer the wellhead protection program and the Public Water Supply Supervision program for the State of Oklahoma pursuant to the federal Safe Drinking Water Act.
Added by Laws 1963, c. 325, art. 9, § 911, operative July 1, 1963. Amended by Laws 1993, c. 145, § 69, eff. July 1, 1993. Renumbered from Title 63, § 1-911 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-303. Rules and standards.

A. The Board shall promulgate rules as may be necessary to implement the provisions of this part pertaining to water supply systems and the treatment and distribution of water to the public, including but not limited to rules for:
1. The construction and extension of such systems;
2. Specifications and directions as to the source, manner of storage, purification, treatment and distribution of water supplied to the public;
3. Requirements for control tests, laboratory checks, operating records and reports, including the submission of water samples for testing or sample analyses as prescribed by the federal Safe Drinking Water Act and this Code; and
4. Permitting requirements.
B. The Department of Environmental Quality shall recommend standards to the public for individual water supplies.
C. Such rules may provide for the exemption, and conditions therefor, of specified categories of water supply systems from any of the requirements thereof, except for wastewater discharges, if the public health will not thereby be endangered.
Added by Laws 1963, c. 325, art. 9, § 904, operative July 1, 1963. Amended by Laws 1981, c. 277, § 2, emerg. eff. June 26, 1981; Laws 1993, c. 145, § 70, eff. July 1, 1993. Renumbered from Title 63, § 1-904 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-305. Waterworks - Filing of plans and surveys.

Every person supplying or authorized to supply water to the public shall file with the Department a certified copy of the plans and surveys of the waterworks, with a description of the source from which the water supply is derived. No additional source of supply or well shall thereafter be used without a written permit from the Department.
Added by Laws 1963, c. 325, art. 9, § 906, operative July 1, 1963. Amended by Laws 1993, c. 145, § 72, eff. July 1, 1993. Renumbered from Title 63, § 1-906 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-306. Annual service fee - Laboratory analyses.

A. 1. The Board shall establish an annual fee for public water supply system regulatory services based on the size and type of the system and the resultant regulatory cost of the services to the state. Such annual fee shall not result in an increase of more than thirty cents ($0.30) per month per residential user of the public water supply systems per year. With the exception of state, federal, and nontransient noncommunity public water systems which shall pay actual costs of public water supply system regulatory services, no system shall pay less than four cents ($0.04) per service connection per month.
2. The Board may assess an annual minimum fee charged for:
a.
purchase water systems, Fifty Dollars ($50.00),
b.
groundwater systems, Seventy-five Dollars ($75.00), and
c.
surface water systems, One Hundred Fifty Dollars ($150.00).
3. Any state funds appropriated for public water supply system regulatory services shall be used to offset the increased costs of regulatory services to the smaller public water supply systems with a population of up to two thousand (2,000) people.
B. A water supply system, required by state or federal law to submit laboratory analyses to the Department, may submit analyses which have been performed by a laboratory certified by the Department pursuant to this Code in lieu of analyses performed by the Department. In such case, the cost of the submitted certified laboratory analyses shall be deducted from the portion of the system's annual fee that is applicable to laboratory tests.
Added by Laws 1993, c. 145, § 73, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-307. Investigations of sanitary quality of water.

A. The Department may, of its own accord, investigate the sanitary quality of water supplied to the public if the Department has reason to believe that such water supply is prejudicial to the public health or environment. Such investigation shall be made whenever a complaint is made to the Department by the mayor of any city, the president of the board of trustees of any incorporated town or any other public entity including a public works authority, or a rural water or sewage district, or by the Department's local representative, about the sanitary quality of water supply within their respective counties.
B. During such investigation, the person in charge of the water supply shall furnish the Department all the information requested by it relative to the source or sources from which the supply of water is derived, and the manner of storage, distribution and purification or treatment necessary or desirable for the determination of its sanitary quality.
Added by Laws 1993, c. 145, § 74, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-308. Orders.

A. The Department may issue an order to a respondent requiring compliance with the Oklahoma Water Supply Systems Act, rules of the Board, and orders previously issued to such respondent. Such orders may require a change in the source or sources of a public water supply, or in the manner of storage, distribution, purification or treatment of the supply before delivery to consumers, as may be necessary to safeguard the public health or environment. Such orders shall be issued pursuant to the Administrative Procedures Act, this Code and rules promulgated thereunder.
B. The Department may issue an emergency order to any public water supply system requiring change in the source of the water supply or in the manner of storage, distribution, purification or treatment of the supply before delivery to consumers, or any other action which, in the Executive Director's judgment, is necessary to safeguard the health of the consumers or the environment.
1. The order may require public water supply systems to notify consumers of the problem with the supply and the action required by order of the Executive Director.
2. Any respondent to whom such an order is directed and who considers the requirements of the order to be illegal, unjust or unreasonable may request an administrative hearing within ten (10) days after the order is served. Such hearing shall be subject to the Administrative Procedures Act, rules promulgated by the Board and this Code.
3. The order shall remain in full effect until it is rescinded by the Executive Director.
Added by Laws 1993, c. 145, § 75, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-310.1. Legislative findings and declaration.

A. The Oklahoma Legislature finds that a safe public groundwater supply is one of the most valuable natural resources in this state.
B. The Legislature recognizes and declares that the management, funding, protection and conservation of public groundwater supplies and the beneficial uses thereof are essential to the economic prosperity and future well-being of the state. As such, the public interest demands procedures for the development and implementation of management practices to conserve and protect public groundwater supplies.
Added by Laws 1997, c. 241, § 1, eff. July 1, 1997. Amended by Laws 2019, c. 34, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-310.2. Promulgation of rules - Wellhead protection program.

A. The Environmental Quality Board shall promulgate rules necessary to safeguard public health and welfare and prevent pollution of public water supply systems pursuant to the Oklahoma Water Supply Systems Act.
B. The Department of Environmental Quality shall develop an Oklahoma wellhead protection program to assist municipalities, rural water districts, nonprofit water corporations and other public groundwater suppliers in the conservation and protection of their public groundwater supplies which will specify the following:
1. Guidelines specifying the duties of the Department in developing a wellhead protection program;
2. Guidelines specifying the duties of local governments in developing and implementing the wellhead protection program;
3. Guidelines for determining all potential and actual pollution sources which may have an adverse effect on public health;
4. Guidelines for taking into consideration potential sources of pollution when siting new wells for public water supplies;
5. Guidelines for developing contingency plans for pollution release containment, cleanup and the provision of alternative drinking water supplies for each public water system in the event of groundwater well or groundwater wellfield pollution; and
6. Guidelines including such other information or assistance as deemed necessary by the Department.
Added by Laws 1997, c. 241, § 2, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-310.3. Groundwater protection education program.

A. The Department of Environmental Quality shall develop and implement a groundwater protection education program. In developing such program, the Department shall consult with public health agencies, water utilities, state educational and research institutions, nonprofit environmental organizations and any other person or agency the Department deems necessary.
B. The Department shall develop a program to provide public recognition of users of land located within a public groundwater supply wellhead protection area who demonstrate successful and committed efforts to protect drinking water supplies by implementing innovative approaches to groundwater protection. Such program shall also promote groundwater protection through education of members of businesses and industry and the public.
Added by Laws 1997, c. 241, § 3, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-310.4. Act not to affect certain agencies' powers and duties.

No provision of this act shall affect the powers and duties of any state agency or any agency of any political subdivision of the state which is charged with responsibility for water control or water management.
Added by Laws 1997, c. 241, § 4, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-402. Rules - Exemptions.

A. The Board shall promulgate rules as necessary to implement the provisions of this part pertaining to the treatment of nonindustrial wastewater, and the treatment, storage, use and disposal of sewage sludge and other waste by wastewater treatment systems or treatment works. Such rules shall include but are not limited to requirements for:
1. The construction, operation and extension of municipal, public, private and other nonindustrial wastewater treatment systems or treatment works, including the construction or use of surface impoundments and lagoons;
2. Pretreatment;
3. Control tests, laboratory checks, monitoring or operating records and reports;
4. Applications, plans and specifications, permitting and other authorizations;
5. The monitoring, maintenance and closure of wastewater treatment systems; and
6. Treatment, sampling, record keeping, reporting and other requirements for sewage sludge consistent with federal regulations.
B. Such rules may provide for the exemption, and conditions therefor, of specified categories of wastewater treatment systems or treatment works for small public sewage systems from any of the requirements thereof if the public health or the environment will not thereby be endangered. Provided, no exemption shall be allowed which is inconsistent with applicable minimum federal requirements for discharges or use, transportation or disposal of sludge.
Added by Laws 1993, c. 145, § 77, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 15, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-403.1. Inspections of existing sewage disposal systems.

The Department of Environmental Quality shall not require a departmental inspection of an existing individual sewage disposal system prior to a service connection to a public water supply system.
Added by Laws 1997, c. 131, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-6-501.2. Sludge management land application plan.

A. Any permit application received by the Department on or after July 1, 1993, for a discharge permit, a municipal or industrial wastewater construction or treatment permit or a public water supply permit shall include or provide for a sludge management plan if the applicant proposes the beneficial use of such sludge or wastewater through land application.
B. Any permittee proposing the land application of wastewater or sludge under the terms of an existing Department issued municipal or industrial construction or wastewater treatment permit, a discharge permit or a water supply permit, must receive the Department's approval on a sludge management plan. Adding a sludge management land application plan to an existing individual industrial discharge permit or an industrial wastewater treatment permit issued by the Department shall require the major modification of the existing permit. For purposes of this section, permits issued by the Oklahoma Water Resources Board and the State Department of Health prior to June 30, 1993 shall be deemed issued by the Department upon the transfer of such permits to the Department effective July 1, 1993.
C. Sludge management plans for the land application of sludge or wastewater which have been approved by the Department may be modified or amended by the Department pursuant to rules promulgated by the Board.
D. Any use or final disposition of sludge other than land application shall require the approval of the Department pursuant to rules promulgated by the Board.
Added by Laws 1993, c. 324, § 27, eff. July 1, 1993.