reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-115. Waiver of privilege – Unauthorized disclosure - Liability.

A. The privilege described by Section 5 of this act does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared.
B. Disclosure of an audit report or any information generated by an environmental or health and safety audit does not waive the privilege established by Section 5 of this act if the disclosure:
1. Is made to address or correct a matter raised by the environmental or health and safety audit and is made only to:
a.
a person employed by the owner or operator, including temporary and contract employees,
b.
a legal representative of the owner or operator,
c.
an officer or director of the regulated facility or operation or a partner of the owner or operator,
d.
an independent contractor retained by the owner or operator,
e.
a person considering the acquisition of the regulated facility or operation that is the subject of the audit, or
f.
an employee, temporary employee, contract employee, legal representative, officer, director, partner or independent contractor of a person described in subparagraph e of this paragraph;
2. Is made under the terms of a confidentiality agreement between the person for whom the audit report was prepared or the owner or operator of the audited facility or operation and:
a.
a partner or potential partner of the owner or operator of the facility or operation,
b.
a transferee or potential transferee of the facility or operation,
c.
a lender or potential lender for the facility or operation,
d.
a governmental official of a state agency, or
e.
a person engaged in the business of insuring, underwriting or indemnifying the facility or operation; or
3. Is made under a claim of confidentiality to a governmental official or agency by the person for whom the audit report was prepared or by the owner or operator.
C. A party to a confidentiality agreement described in paragraph 2 of subsection B of this section who violates that agreement is liable for damages caused by the disclosure and for any other penalties stipulated in the confidentiality agreement.
D. Information that is disclosed under paragraph 3 of subsection B of this section is confidential and is not subject to disclosure under Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes. A public entity, public employee or public official who discloses information in violation of this subsection is subject to penalty. It is an affirmative defense to the clerical dissemination of a privileged audit report that the report was not clearly labeled "COMPLIANCE REPORT: PRIVILEGED DOCUMENT" or words of similar import. The lack of labeling may not be raised as a defense if the entity, employee or official knew or had reason to know that the document was a privileged audit report.
E. This section may not be construed to circumvent the protections provided by federal or state law for individuals who disclose information to law enforcement authorities.
Added by Laws 2019, c. 229, § 6, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-116. Disclosure by court or administrative hearings officials.

A. A court or administrative hearings official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearings official determines, after an in camera review consistent with the appropriate rules of procedure, that:
1. The privilege is asserted for a fraudulent purpose;
2. The portion of the audit report is not subject to the privilege under Section 8 of this act; or
3. The portion of the audit report shows evidence of noncompliance with an environmental or health and safety law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after discovery of noncompliance.
B. A party seeking disclosure under this section has the burden of proving that paragraph 1, 2 or 3 of subsection A of this section applies.
C. Notwithstanding Section 250 et seq. of Title 75 of the Oklahoma Statutes, a decision of an administrative hearings official under paragraph 1, 2 or 3 of subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless so ordered by the court.
D. A person claiming the privilege is subject to sanctions as provided by Section 3226.1 of Title 12 of the Oklahoma Statutes if the court finds that the person willfully or knowingly claimed the privilege for information as provided in Section 8 of this act.
E. A determination of a court under this section is subject to interlocutory appeal to an appropriate appellate court.
Added by Laws 2019, c. 229, § 7, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-117. Information not subject to privilege.

A. The privilege established by Section 5 of this act does not apply to:
1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a federal or state environmental or health and safety law;
2. Information obtained by observation, sampling or monitoring by a regulatory agency; or
3. Information obtained from a source not involved in the preparation of the environmental or health and safety audit report.
B. This section does not limit the right of a person to agree to conduct and disclose an audit report.
Added by Laws 2019, c. 229, § 8, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-118. Privilege in criminal proceedings – Review of privileged information required under state or federal law.

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by Section 5 of this act is not waived or eliminated for any other purpose.
B. Notwithstanding the privilege established by Section 5 of this act, a regulatory agency may review information that is required to be available under a specific state or federal law, but that review does not waive or eliminate the administrative or civil evidentiary privilege if applicable.
C. If information is required to be available to the public by operation of a specific state or federal law, the governmental authority shall notify the person claiming the privilege of the potential for public disclosure before obtaining the information under subsection A or B of this section.
D. If privileged information is disclosed under subsection B or C of this section on the motion of a party, a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review, disclosure or use of information obtained under this section unless the review, disclosure or use is authorized under Section 8 of this act. A party having received information under subsection B or C of this section has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
Added by Laws 2019, c. 229, § 9, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-121. Construction with statutory or common law privilege.

This act shall not limit, waive or abrogate the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege.
Added by Laws 2019, c. 229, § 12, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-1-101. Short title - Subsequent enactments.

A. Chapter 2 of this title shall be known and may be cited as the "Oklahoma Environmental Quality Code".
B. All statutes hereinafter enacted and codified in Chapter 2 of this title shall be considered and deemed part of the Oklahoma Environmental Quality Code.
Added by Laws 1993, c. 145, , § 12, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-1-111. Authority to remove or dismantle appurtenances from headquarters — Report.

A. The Department of Environmental Quality is hereby authorized to remove or dismantle any appurtenances connected to the Department's headquarters at 707 N. Robinson in downtown Oklahoma City. Once the appurtenance is removed, the site may be used for a parking lot for employees of the Department of Environmental Quality.
B. The Executive Director of the Department of Environmental Quality shall submit a report to the Speaker of the Oklahoma House of Representatives and President Pro Tempore of the Oklahoma State Senate within ninety (90) days of this act's effective date, detailing the timeline and cost for dismantling the appurtenance, along with the number of expected parking spaces to be constructed compared to the number of spaces the Department needs. The Executive Director shall also submit reports to the Speaker of the Oklahoma House of Representatives and President Pro Tempore of the Oklahoma State Senate once construction begins and upon completion of the project detailing any changes from the initial report and the final outcome of the construction project.
Added by Laws 2023, 1st Ex. Sess., c. 15, § 2.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-2-103. Attorney General as legal counsel.

The Office of the Attorney General of this state shall serve as legal counsel for the Environmental Quality Board and shall assist the Board in the performance of its duties pursuant to the Environmental Quality Code.
Added by Laws 1993, c. 324, § 2, emerg. eff. June 7, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-2-104. Board rules incorporating by reference federal provisions - No effect on rules from subsequent changes in federal provisions.

Insofar as permitted by law and upon recommendation from the appropriate Council, rules promulgated by the Environmental Quality Board may incorporate a federal statute or regulation by reference. Any Board rule which incorporates a federal provision by reference incorporates the language of the federal provision as it existed at the time of the incorporation by reference. Any subsequent modification, repeal or invalidation of the federal provision shall not be deemed to affect the incorporating Board rule.
Added by Laws 1994, c. 353, § 3, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-2-105. Applications for permits for water reuse projects.

A. The Department of Environmental Quality shall receive, review, and evaluate permit applications for discharges to water bodies for water reuse projects. The Department shall approve such applications as comply with the applicable rules of the Environmental Quality Board for discharges to the waters of the State.
B. 1. Subject to subsection A of this section, the Department shall issue permits for point-source discharges into sensitive public and private water supplies, as defined by the rules of the Oklahoma Water Resources Board, where such discharges do not contain concentrations of pollutants greater than the existing concentrations of such pollutants in the receiving water body. The issuance of such permit by the Department shall not be considered a violation of the anti-degradation provisions of the State’s water quality standards.
2. Upon initial receipt of an application for a discharge permit that is for the purpose of developing and implementing a water reuse project, the Department shall acknowledge to the applicant in writing or by electronic mail the date that the Department received the application, thus initiating the period for administrative review of the application. The Department shall review the application in accordance with timelines for administrative and technical review adopted by the Environmental Quality Board.
3. Applications for point-source discharges into water bodies designated by the Oklahoma Water Resources Board as Sensitive Public or Private Water Supplies shall be considered Tier III permit applications under the Uniform Environmental Permitting Act.
Added by Laws 2014, c. 364, § 1, emerg. eff. May 28, 2014.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-102. Customer assistance program - Additional responsibilities.

The customer assistance program of the Department of Environmental Quality, in addition to responsibilities specified in Section 2-3-101 of this title and assigned to the program by the Executive Director, shall:
1. Establish and maintain an information and referral system to assist the public in understanding and complying with state and local governmental requirements concerning the use of natural resources and protection of the environment. The system shall provide a telephone information service and disseminate printed and electronic materials;
2. Standardize permit processes in coordination with the Board and the Department;
3. Coordinate and facilitate public information procedures associated with each permit program;
4. Provide for the statewide distribution of the telephone number of the customer assistance program; and
5. Ensure that all current rules of the Department are readily available to the public.
Added by Laws 1993, c. 145, § 17, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 4, eff. July 1, 1994; Laws 2002, c. 139, § 2, emerg. eff. April 29, 2002; Laws 2011, c. 127, § 1, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-103. Administrative Law Judges - Duties - Qualifications - Proceedings.

A. The Department shall employ one or more Administrative Law Judges to conduct individual proceedings, and perform such other duties as are assigned to them by the Executive Director which are not inconsistent with their statutory duties.
B. Each Administrative Law Judge shall:
1. Have a general knowledge of the contaminants, pollutants, wastes and other materials which are regulated by the Oklahoma Environmental Quality Code;
2. Have a working knowledge of the laws and rules under this Code;
3. Be currently licensed to practice law by the Supreme Court of this state; and
4. Not be an owner, stockholder, employee or officer of, nor have any other business relationship with, any corporation, partnership, or other business or entity that is subject to regulation by the Department.
C. Individual proceedings shall be conducted in compliance with Article II of the Administrative Procedures Act, this Code and rules promulgated thereunder.
Added by Laws 1993, c. 145, § 18, eff. July 1, 1993. Amended by Laws 2002, c. 139, § 3, emerg. eff. April 29, 2002.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-104. Complaints program.

A. The complaints program shall, in addition to the responsibilities specified by Section 2-3-101 of this title, refer, upon written request, all complaints in which one of the complainants remains unsatisfied with the Department's resolution of said complaint to an outside source trained in mediation. Complainants and persons named in the complaint shall be made aware that participation in the mediation process conducted by the outside source is completely voluntary and confidential. Fulfillment of any agreements reached in mediation shall be up to the parties of the dispute. Participation in the mediation process shall not hinder or interfere with any enforcement action taken by the Department. Mediation may run parallel to any enforcement action. Participation by a complainant in the mediation process shall not preclude such complainants from seeking other relief provided by law.
B. The complaints program shall maintain a roster of certified mediators which will be available to the public.
C. The complaints program shall document the outcome of mediations to determine compliance with mediated agreements and for documentation of program success.
Added by Laws 1993, c. 145, § 19, eff. July 1, 1993. Amended by Laws 2002, c. 139, § 4, emerg. eff. April 29, 2002.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-106. Pollution prevention, defined.

As used in this act and the Oklahoma Environmental Quality Act and the Oklahoma Environmental Quality Code, unless otherwise specified:
1. "Pollution prevention" means any practice which reduces the use of any hazardous substance or amount of any pollutant or contaminant prior to recycling, treatment or disposal, and reduces the hazards to public health and the environment associated with the use or release or both of such substances, pollutants or contaminants. The term "pollution prevention" shall not include or in any way be construed to promote or require substitution of one hazardous waste for another, treatment, increased pollution control, off-site recycling, or incineration.
Added by Laws 1994, c. 134, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-108. State environmental regulatory agencies - Encouragement of pollution prevention practices.

Each state environmental regulatory agency required by law to regulate any industry which generates hazardous substances, pollutants or contaminants may develop a program and promulgate rules for the purpose of encouraging entities regulated by such agency to implement pollution prevention practices and activities.
Added by Laws 1994, c. 134, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-301. Renewal of license - Renewal fee - Penalty fee - Promulgation of rules.

The holder of any license issued under the provisions of this Code which is renewable by payment of a fee shall be entitled to thirty (30) days after the expiration date thereof in which to renew the same, without penalty, and if he fails to pay the renewal fee within such thirty-day period, he shall, unless otherwise provided in this Code, be required to pay the renewal fee plus a penalty fee in an amount as promulgated by rule. Such penalty fee shall not exceed the amount of the renewal fee. In the case of any renewal fee which shall exceed Ten Thousand Dollars ($10,000.00), the penalty fee shall be one and one-half percent (1.5%) per month of the outstanding balance of the renewal fee. The Board may promulgate rules which prohibit the renewal of any license which has expired by more than ninety (90) days.
Added by Laws 1993, c. 145, § 22, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-302. Applications for permits or other authorizations.

A. For permits or other authorizations required pursuant to the Oklahoma Environmental Quality Code, applicants shall file applications in the form and manner established by the Department of Environmental Quality. The Department shall review such applications as filed and subsequently amended or supplemented. Any permit issued or authorization granted may include conditions.
B. Permits and other authorizations required pursuant to the Oklahoma Environmental Code may contain provisions requiring that operations shall be in compliance with municipal and other local government ordinances, rules and requirements. A determination or certification that the operations under the requested permit or authorization conform or comply with such ordinances, rules or requirements, the enforcement of which are not within the jurisdiction or authority of the Department, shall not be considered by the Department in their review and approval or denial of a permit or authorization.
Added by Laws 1993, c. 145, § 61, eff. July 1, 1993. Amended by Laws 1994, c. 353, § 10, eff. July 1, 1994. Renumbered from § 2-6-106 of this title by Laws 1994, c. 353, § 45, eff. July 1, 1994; Laws 1999, c. 381, § 4, emerg. eff. June 8, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-401. Department of Environmental Quality Revolving Fund - Subaccounts - Transfer of revolving fund monies.

A. There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Department of Environmental Quality Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department from appropriations, administrative penalties, fees, charges, gifts and monies from any other source that are not designated for deposit to any other fund authorized by this Code. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of implementing and enforcing this Code. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. Individual subaccounts shall be established in the Department of Environmental Quality Revolving Fund as necessary to maintain the tracking of monies collected and to support the programs and functions within the jurisdiction of the Department. Each subaccount shall consist of all monies collected pursuant to the program or function for which such subaccount has been established and all monies collected for such programs and functions shall be expended only and solely in furtherance of the statutory objectives of such programs and functions. Provided, as otherwise authorized by law, the Department may transfer monies between subaccounts to meet cash flow needs of the Department so long as the monies are transferred back to the appropriate subaccount to be expended on the appropriate programs and functions.
C. All revolving fund monies belonging to, deposited in or payable to the State Department of Health or the Oklahoma Water Resources Board for the purpose of administering a program or function over which the Department of Environmental Quality has jurisdiction, are hereby transferred to the appropriate funds of the Department of Environmental Quality. All other monies belonging to, deposited in or payable to any other revolving fund under the jurisdiction of the Department are hereby transferred.
Added by Laws 1993, c. 145, § 23, eff. July 1, 1993. Amended by Laws 2012, c. 304, § 103.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-402. Schedule of fees.

A. The Board shall establish schedules of fees to be charged for applications for, or the issuance of, new, modified or renewed permits, licenses, certificates and other authorizations and for such other environmental services as are involved in the regulation of environmental functions and programs authorized by the provisions of this Code. Such fees shall be subject to the following limitations:
1. The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of rules in establishing or amending any such schedule of fees;
2. The Board shall base its schedule of fees for each environmental function or program upon the reasonable costs of operating such environmental functions or programs, including, but not limited to, the costs of administration, personnel, office space, equipment, training, travel, inspection and review rendered in connection with each such function or program;
3. The Board shall promulgate rules establishing fee schedules for services, functions and programs within the advisory jurisdiction of a Council created by this Code only upon receipt of fee schedule recommendations from such Council;
4. Any facility exempt from the requirement to obtain a permit based on date of construction or start-up may be assessed an annual permit renewal fee equivalent; and
5. The Department shall expend monies received from permit, license and certification programs, including but not limited to application, review, inspection, monitoring and operating fees, only on the direct or indirect costs of the specific programs from which such monies originate.
B. The Board shall establish a schedule of fees to be charged for services including, but not limited to, searches, compilations, certifications or reproduction of maps and publications, transcripts, blueprints, computer data, electronic recordings or documents. Such fees shall be based on the actual cost to the Department for the provision of such services.
C. The Board shall promulgate a schedule of fees for the provision of services to validate reports from facilities required to report, but not merely to notify, under the Oklahoma Hazardous Materials Planning and Notification Act.
D. The Board's authority to establish fee schedules by rule shall extend to all programs administered by the Department, regardless of whether the statutes creating such programs are codified in Title 27A of the Oklahoma Statutes.
Added by Laws 1993, c. 145, § 24, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-403. Environmental Trust Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Environmental Trust Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies collected pursuant to the provisions of Section 354 of Title 17 of the Oklahoma Statutes for deposit in the Environmental Trust Revolving Fund and monies received in the form of gifts, grants, reimbursements, and from any other source specified for the purposes specified by this section. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Environmental Quality for matching federal funds available for environmental remediation and cleanup. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1993, c. 324, § 35, eff. July 1, 1993. Amended by Laws 2012, c. 304, § 104.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-503. Notice of complaint - Opportunity to provide written information pertinent to complaint.

If the Department undertakes an enforcement action as a result of a complaint, the Department shall notify the complainant of the enforcement action by mail and offer the complainant an opportunity to provide written information pertinent to the complaint within fourteen (14) calendar days after the date of the mailing.
Added by Laws 1993, c. 145, § 27, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-505. Fraud or misrepresentation - Additional penalties.

In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation or certification in, or omits material data from, any application for a permit, license, certificate or other authorization, or any notice, analyses or report required by this Code, rules promulgated thereunder or any permit, license, certificate or other authorization issued pursuant thereto, or knowingly misrepresents or omits material data in such report to any person relying on such report or who alters any sample or knowingly renders inaccurate any monitoring device or method required to be maintained by such Code, rules, permits, licenses, certificates or authorization, or with regard to owners and employees of laboratories certified by the Department, misrepresents or omits material data from any report or analyses submitted to any person relying on such data because of the laboratory's certification shall, upon conviction, be guilty of a misdemeanor and may be subject to a fine of not more than Five Thousand Dollars ($5,000.00) for each such violation.
Added by Laws 1993, c. 145, § 29, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-506. Violations, remedies and penalties cumulative.

A. It is the purpose of this Code to provide additional and cumulative remedies to prevent, abate and control pollution. Nothing contained in this Code 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 Code, or any act done by virtue thereof, be construed as estopping the state, or any municipality or person in the exercise of their rights under the common law to suppress nuisances or to abate pollution. Nothing in this Code shall in any way impair or affect a person's right to recover damages for pollution.
B. Nothing in this Code shall be construed to preclude the disposition of any matter by stipulation, agreed settlement, consent order or default.
C. Unless otherwise specified, the violations, remedies and penalties contained in this Code are in addition to those in the Environmental Crimes Act and other Oklahoma law. The specific enforcement provisions of other articles of this Code shall control over the provisions of this part when inconsistent.
D. The provisions of this part shall extend to all programs administered by the Department regardless of whether the statutes creating such program are codified in Title 27A of the Oklahoma Statutes.
Added by Laws 1993, c. 145, § 30, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-3-507. Compliance schedules.

Political subdivisions may, when compliance with environmental standards would create excessive debt, enter into compliance schedules with the Department of Environmental Quality to prioritize compliance based on their greatest environmental or other public health and safety needs. Excessive debt is indicated when the work needed for compliance would require a capital cost or user charge significantly beyond the per-household cost for similar sized communities within the state. Penalties shall not be assessed if a political subdivision complies with the schedule authorized by the Department.
Added by Laws 1997, c. 53, § 1, emerg. eff. April 8, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-101. Definitions.

As used in this article:
1. "Acceptable results" means a result within limits determined on the basis of statistical procedures as prescribed by the Department;
2. “Accreditation” means the act of certifying that a laboratory maintains suitable standards and includes primary accreditation and reciprocity accreditation;
3. “Analyte” means the characteristics of a laboratory sample determined by an analytic laboratory testing procedure;
4. "Department" means the Department of Environmental Quality;
5. "Evaluation" means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, personal qualifications, equipment, facilities and analytical technique of a laboratory for measuring or establishing specific parameters;
6. "Laboratory" means a facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or performs any other analyses related to environmental quality evaluations; and
7. “Letters of accreditation” means a document issued by the Department showing those analytes for which a laboratory is accredited.
Added by Laws 1993, c. 145, § 31, eff. July 1, 1993. Amended by Laws 1998, c. 109, § 1, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 2, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-201. Services and analyses - Rules - Fee schedule - Contracts.

A. The Department of Environmental Quality is authorized to acquire, operate and maintain laboratories to analyze samples to:
1. Obtain factual data to support any order, permit, function or program of the Department;
2. Provide laboratory service for individuals, cities, towns, counties, tribes, state institutions and other state and federal agencies; and
3. Provide such services and perform such other analyses as is necessary to implement and enforce the programs and functions under the jurisdiction of the Department pursuant to this Code.
B. The Board of Environmental Quality shall promulgate rules for laboratory services under this Code. The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of such rules.
C. 1. The Board, pursuant to the Administrative Procedures Act, shall promulgate as a rule a fee schedule based on actual cost of analyses and the costs of the provision of laboratory services. The schedule shall include fees for specific analytes and procedures.
2. Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall only be used by the Department in administering the Department's environmental laboratory.
D. The Department may, if necessary to meet the demand for laboratory services, contract, pursuant to the provisions of the Central Purchasing Act, for the performance of analyses with laboratories accredited by the Department.
Added by Laws 1963, c. 325, art. 9, § 905, operative July 1, 1963. Amended by Laws 1993, c. 145, § 32, eff. July 1, 1993. Renumbered from § 1-905 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2003, c. 118, § 3, emerg. eff. April 22, 2003; Laws 2004, c. 381, § 3, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-301. Duties of Department.

The Department of Environmental Quality is hereby designated as the administrative agency for national environmental laboratory accreditation programs and shall:
1. Establish and administer the state water quality and environmental laboratory accreditation programs for laboratories which apply; and
2. Issue, modify, renew, reinstate, revoke, or suspend the accreditation of a laboratory or deny a new or renewal accreditation application.
Added by Laws 1993, c. 145, § 33, eff. July 1, 1993. Amended by Laws 1998, c. 109, § 2, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 4, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-302. Promulgation of rules - Fee schedule - Disposition of fees.

A. The Board of Environmental Quality shall promulgate rules for accreditation of privately and publicly owned laboratories for performance of environmental analyses. The Board may also promulgate rules which adopt standards of a national environmental laboratory accreditation program and the United States Environmental Protection Agency by reference.
B. The Board, pursuant to Section 2-2-101 of this title and the Administrative Procedures Act, shall promulgate rules for the assessment of reasonable fees to participating laboratories for the administrative costs of the accreditation program.
C. Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall only be used by the Department in administering the Department's laboratory accreditation program.
Added by Laws 1993, c. 145, § 34, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 17, eff. July 1, 1993; Laws 1998, c. 109, § 3, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 5, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-303. Applications for accreditation - Form and manner - On-site evaluations - Issuance or denial of accreditation.

A. Applications for accreditation shall be made in the form and manner established by the Department of Environmental Quality.
B. The Department may make on-site evaluations of applicant laboratories.
C. 1. Based upon completion of the criteria evaluation by the Department or other evaluations, the Department shall either issue or deny accreditation to an applicant laboratory.
2. Only those laboratories that meet Department rules shall be accredited. Letters of accreditation shall be issued only for the categories or analytes for which the capabilities and adequacy of the laboratory have been demonstrated.
3. Causes for denial of an application shall include, but not be limited to, the misrepresentation of or the omission of fact or facts from any accreditation application or the failure to demonstrate compliance with Board rules. If accreditation is denied, the Department shall give written notice to the applicant of such denial and the reasons therefor.
Added by Laws 1993, c. 145, § 35, eff. July 1, 1993. Amended by Laws 2003, c. 118, § 6, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-304. Acceptance of reports or laboratory analyses performed by accredited laboratories.

A. The Department of Environmental Quality shall accept reports or laboratory analyses performed by accredited laboratories but may reject analyses that were not performed in compliance with the Department's rules or the laboratory's accreditation. The Department may require that reports or laboratory analyses which are submitted pursuant to this Code, rules promulgated or permits and orders issued pursuant thereto shall be performed by laboratories accredited by the Department if the submission of reports or laboratory analyses performed by an accredited laboratory is specifically required or authorized by this Code, rules promulgated thereto or federal law or federal regulations.
B. The Department shall accept laboratory reports and analyses prepared and performed by Department-certified laboratory operators for operational testing of municipal wastewater treatment systems and water supply systems provided that the analyses were performed in compliance with the Department's rules or the terms of the laboratory operator's certification.
C. Acceptance of such reports or analyses shall not preclude the Department from declining for cause to rely on such results or from requiring additional laboratory analyses or reports from the person submitting such analyses or reports.
Added by Laws 1993, c. 145, § 36, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 18, eff. July 1, 1993; Laws 2003, c. 118, § 7, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-305. Suspension, revocation, or refusal to renew laboratory accreditation.

A. The Department of Environmental Quality may suspend, revoke, or refuse to renew in part or in whole the accreditation of any laboratory which does not continue to comply with Board of Environmental Quality rules or conditions of accreditation, or for cause, including but not limited to:
1. The knowing and willful falsification of data submitted to the Department;
2. The misrepresentation or omission of material data in any report submitted to any person relying on such report because of the laboratory's accreditation;
3. Failure to maintain or utilize approved quality control procedures, recordkeeping, reporting procedures, methodology, personnel requirements, equipment, facilities or analytical techniques on which the accreditation was issued;
4. Failure to achieve acceptable results on proficiency testing samples; or
5. For laboratories holding Department-issued accreditation, the expiration, suspension or revocation of the laboratory's reciprocal out-of-state certification or accreditation.
B. The Department may conduct on-site evaluations of accredited laboratories.
Added by Laws 1993, c. 145, § 37, eff. July 1, 1993. Amended by Laws 1998, c. 109, § 4, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 8, emerg. eff. April 22, 2003.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-4-306. Department of Environmental Quality - Accreditations.

A. The Department of Environmental Quality shall mutually recognize environmental laboratory accreditations issued by The NELAC Institute’s (TNI) primary National Environmental Laboratory Accreditation Program (NELAP) accreditation bodies without any duplicative actions to determine the laboratory’s conformity to TNI Standards. These actions include, but are not limited to, proficiency testing, quality assurance, and on-site assessment.
B. Mutual recognition does not mean automatic accreditation by the Department or exemption from complying with the Department’s administrative processes.
C. Mutual recognition does not prevent the Department from verifying the accreditation with the primary accreditation body or requiring a laboratory to adhere to applicable laws, rules and normal administrative processes, such as submitting applications and paying fees, so long as the Department does not impose additional requirements concerning proficiency testing, quality assurance, on-site assessment or other matters relating to conformance to TNI Standards.
D. Mutual recognition is limited to the fields of accreditation included in the primary accreditation consistent with the scope of the Department’s laboratory accreditation program. If a laboratory does not hold a primary accreditation in categories requested of the Department, the laboratory must apply for primary accreditation for those categories in Oklahoma.
E. The Department is not required to recognize a primary accreditation or grant secondary accreditation if a law, rule, administrative proceeding or court order precludes or has the effect of precluding the Department from granting accreditation in whole or in part to a laboratory.
F. The Environmental Quality Board is authorized to promulgate rules necessary to implement the provisions of this section.
Added by Laws 2010, c. 56, § 1, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-101. Citation.

This article may be cited as the "Oklahoma Clean Air Act".
Added by Laws 1967, c. 80, § 1, emerg. eff. April 18, 1967. Renumbered from § 2001 of Title 63 by Laws 1978, c. 62, § 2. Amended by Laws 1993, c. 145, § 38, eff. July 1, 1993. Renumbered from § 1-1801 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-102. Purpose - Definitions - Administrative agency - Rules and regulations - Air Quality Council - Chief of Air Quality Service - Complaints and investigations - Hearings - Variances - Violations - Penalties - Cooperation among agencies.

It is the purpose of the Oklahoma Clean Air Act to provide the means to achieve and maintain atmospheric purity necessary for the protection and enjoyment of human, plant or animal life and property in this state consistent with and limited by generally accepted social standards and requirements, desired employment and industrial development, area conditions, and the availability of economic and feasible controls.
Added by Laws 1967, c. 80, § 2, emerg. eff. April 18, 1967. Amended by Laws 1971, c. 347, § 1, operative July 1, 1971; Laws 1975, c. 333, § 1, emerg. eff. June 12, 1975; Laws 1978, c. 62, § 1. Renumbered from § 2002 of Title 63 by Laws 1978, c. 62, § 2. Amended by Laws 1981, c. 186, § 1, emerg. eff. May 20, 1981; Laws 1983, c. 333, § 22, emerg. eff. June 29, 1983; Laws 1985, c. 178, § 44, operative July 1, 1985; Laws 1992, c. 215, § 1, emerg. eff. May 15, 1992; Laws 1993, c. 145, § 39, eff. July 1, 1993. Renumbered from § 1-1802 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-103. Municipal regulation - Powers of State Board of Agriculture.

A. 1. Nothing in the Oklahoma Clean Air Act:
a.
shall prevent cities, towns and counties from enacting ordinances or codes with respect to air pollution which will not conflict with the provisions of the Oklahoma Clean Air Act and which contain provisions more stringent than those fixed by the operation of the Oklahoma Clean Air Act; provided, however, that any city or town which has a population of less than three hundred thousand (300,000) persons according to the most current census shall not enforce any ordinance or code regarding air pollution containing more stringent provisions unless and until such ordinance or code is reviewed by the Council and approved as to its reasonableness and technical feasibility.
b.
shall prevent cities and towns from summarily abating public nuisances as now provided by law.
2. This subsection shall not apply to any air pollution ordinances or codes enacted by cities, towns or counties and in effect prior to May 15, 1992.
B. Except for authority regarding abatement of public nuisances, no city, town, municipality, county or other political subdivision shall enact or enforce any code, ordinance or rule which is more stringent than, or which is in conflict with any state or federal law, code or rule concerning the utilization of fuel in any flange-wheeled railroad rolling stock or which attempts to regulate or affect the emissions therefrom.
C. The Oklahoma Clean Air Act shall not be construed to limit, modify, or repeal or affect in any way the powers, duties or functions of the State Board of Agriculture, except to the extent necessary to comply with the Federal Clean Air Act.
Added by Laws 1967, c. 80, § 3, emerg. eff. April 18, 1967. Renumbered from § 2003 of Title 63 by Laws 1978, c. 62, § 2. Amended by Laws 1993, c. 145, § 40, eff. July 1, 1993. Renumbered from § 1-1803 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 10, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-5-106.1. Controlled open burning - Fire training.

A. For purposes of this section, “open burning” means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.
B. A municipal fire department may engage in controlled open burning of a structure for purposes of fire training if the records of the department document the purpose of the open burn and the following conditions are met:
1. The municipal fire chief or designee shall provide notification of the planned open burn to the Department of Environmental Quality at least ten (10) days prior to the burning. The notification shall be on a form developed by the Department, document that the provisions of this section are satisfied and be signed by the municipal fire chief;
2. For any human-made structure, the entire structure, including, but not limited to, insulation, roofing, flooring, painted surfaces and plumbing, shall be examined for the presence of asphalt, asbestos and lead-containing materials. All asphalt, asbestos and lead-containing materials shall be removed from the structure prior to the fire training. Asbestos inspection and removal shall be conducted according to the requirements of federal law;
3. Any human-made structure demolished pursuant to the provisions of this act shall not be demolished prior to the fire training. Demolition shall not include structural deterioration due to natural causes;
4. Prior to conducting any fire training involving a human-made structure located within three hundred (300) feet of another human-made structure, the municipality shall notify in writing the owners of the property located within three hundred (300) feet within ten (10) days prior to a meeting of the governing body of the municipality to provide an opportunity for public comment; and
5. Following the completion of fire training, all debris resulting from the training must be disposed of in the appropriate manner.
C. The Board of Environmental Quality shall have the authority to promulgate rules as may be necessary to implement the purposes of this section.
Added by Laws 2003, c. 238, § 1, eff. Nov. 1, 2003.