reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-301. Short title - Application and construction.

A. This part shall be known and may be cited as the "Recycling, Reuse and Source Reduction Incentive Act".
B. This part shall have retroactive application to January 1, 1987. In addition, the provisions of this act shall not be construed to affect any rights accrued pursuant to the Recycling, Reuse, and Ultimate Destruction Incentive Act.
Added by Laws 1986, c. 164, § 1, eff. Jan. 1, 1987. Amended by Laws 1993, c. 145, § 184, eff. July 1, 1993. Renumbered from Title 68, § 2357.14 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 18, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-302. Purpose of act.

A. The Legislature hereby declares that it is necessary in the public interest to prevent pollution through source reduction and encourage and promote the recycling and reuse or source reduction of hazardous waste by those manufacturing, service, and processing industries within the state whose operations produce hazardous waste and those companies engaged in the disposal of hazardous waste.
B. It is equally necessary that Oklahoma be made and kept an attractive location for continued industrial development, including the expansion of existing plants, thereby increasing employment and payrolls and upgrading the state's natural resources, both of which public purposes and objectives will simultaneously be aided and encouraged by the Recycling, Reuse and Source Reduction Incentive Act.
Added by Laws 1986, c. 164, § 2, eff. Jan. 1, 1987. Amended by Laws 1987, c. 203, § 155, operative July 1, 1987; Laws 1992, c. 403, § 45, eff. Sept. 1, 1992; Laws 1993, c. 145, § 185, eff. July 1, 1993. Renumbered from Title 68, § 2357.15 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 19, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-304. Application for tax credit.

A. In order to qualify for the income tax credit, said person, firm, corporation or other legal entity engaged, or proposing to engage, in such recycling, reuse, or source reduction of hazardous waste shall first make application to the Department of Environmental Quality on forms to be provided by the Department and shall submit all available information relative to the applicant's operations bearing upon the nature and amount of hazardous waste resulting, or expected to result therefrom, the effectiveness of the proposed recycling, reuse, or source reduction process and such other relevant information bearing upon the process as may be required by the Department. Upon receipt of such application for tax credit and supporting information, it shall be the duty of the Department to make as accurately as possible:
1. A verification of the accuracy of supporting information submitted by the applicant, or otherwise officially to determine the character and chemical content of the hazardous waste;
2. A determination of the most effective type of recycling, reuse, or source reduction process taking into consideration alternative types of recycling, reuse, or source reduction methods if any, and the relative cost of each such type;
3. A determination of the actual or approximate capital investment required to effectuate such installation so as to arrive at an actual or estimated agreed, net, nonprofitable or profitable investment expense of installing said recycling, reuse, or source reduction process; and
4. A determination as to whether or not such recommended installation of recycling, reuse, or source reduction processes will of itself be productive of additional income or savings and will result in a reduction of hazardous waste for said applicant.
B. The actual or estimated agreed net investment cost of such process shall be certified to the Oklahoma Tax Commission by the Department. In no event shall the Oklahoma Tax Commission allow a tax credit to be taken in excess of the actual net investment cost of such approved recycling, reuse, or source reduction processing operations.
Added by Laws 1986, c. 164, § 4, eff. Jan. 1, 1987. Amended by Laws 1987, c. 203, § 157, operative July 1, 1987; Laws 1992, c. 403, § 47, eff. Sept. 1, 1992; Laws 1993, c. 145, § 187, eff. July 1, 1993. Renumbered from Title 68, § 2357.17 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 21, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-305. Certification of net investment expense - Allowance of tax credit.

A. Upon a determination of all such facts posed by the applicant's recycling, reuse, or source reduction process in this state, the Department of Environmental Quality shall certify to the Oklahoma Tax Commission the actual or estimated agreed net investment expense of installing such process and shall submit all such relevant information for use by the Tax Commission in allowing such tax credit and in auditing income tax returns subsequently filed by the applicant.
B. If an estimated agreed net investment expense is certified to the Tax Commission, the Tax Commission shall subsequently adjust such estimate to the actual cost outlay by the applicant for the process, not in excess of the certified estimate, at the time the tax credit is taken. The income tax return specifying the cost outlay for the process submitted by the applicant may be accepted by the Tax Commission as the actual net investment cost of the process unless the Tax Commission determines that an audit of the income tax return or income tax liability of the applicant is warranted. In conducting an audit, the Tax Commission is authorized to request such records and documentation as they determine to be necessary to verify the accuracy of the return. The person, firm, corporation or other legal entity taking such tax credit shall be required to submit to the Tax Commission evidence of the actual capital outlay for the installation of such process at the time such credit is to be taken for income tax purposes or when otherwise requested by the Tax Commission.
C. The Commission shall allow the tax credit to be taken as and to the extent provided herein.
Added by Laws 1986, c. 164, § 5, eff. Jan. 1, 1987. Amended by Laws 1987, c. 203, § 158, operative July 1, 1987; Laws 1993, c. 145, § 188, eff. July 1, 1993. Renumbered from Title 68, § 2357.18 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 22, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-306. Administration of act.

It shall be the further duty of the Oklahoma Tax Commission, the Department of Environmental Quality, and any other state agency called upon for assistance in the proper enforcement of the Recycling, Reuse and Source Reduction Incentive Act, to cooperate each with the other in its administration so as to accomplish the purposes set forth in the Recycling, Reuse and Source Reduction Incentive Act. The Department shall inform manufacturing and processing industries within and without the state of this tax credit benefit, and in every way possible gain the most favorable publicity and increased industrial activity for Oklahoma resulting from this enactment.
Added by Laws 1986, c. 164, § 6, eff. Jan. 1, 1987. Amended by Laws 1993, c. 145, § 189, eff. July 1, 1993. Renumbered from Title 68, § 2357.19 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 23, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-307. Rules and regulations.

The Department of Environmental Quality and the Oklahoma Tax Commission shall promulgate rules and regulations necessary to administer the Recycling, Reuse and Source Reduction Incentive Act.
Added by Laws 1986, c. 164, § 7, eff. Jan. 1, 1987. Amended by Laws 1993, c. 145, § 190, eff. July 1, 1993. Renumbered from Title 68, § 2357.20 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 275, § 24, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-401.3. Used Tire Recycling Indemnity Fund.

A. There is hereby created within the Oklahoma Tax Commission the "Used Tire Recycling Indemnity Fund". The Indemnity Fund shall be administered by the Oklahoma Tax Commission pursuant to the provisions of Section 2-11-401.4 of this title.
B. The Indemnity Fund shall consist of:
1. All monies received by the Commission as proceeds from the assessment imposed pursuant to Section 2-11-401.2 of this title;
2. Interest attributable to investment of money in the Indemnity Fund; and
3. Money received by the Commission in the form of gifts, grants, reimbursements, or from any other source intended to be used for the purposes specified by or collected pursuant to the provisions of the Oklahoma Used Tire Recycling Act.
Added by Laws 1989, c. 176, § 4, eff. July 1, 1989. Amended by Laws 1993, c. 145, § 194, eff. July 1, 1993. Renumbered from § 53004 of Title 68 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1999, c. 254, § 5, eff. June 30, 1999. Renumbered from § 2-11-404 of this title by Laws 2005, c. 230, 10, eff. July 1, 2005. Amended by Laws 2011, c. 164, § 4, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-401. Oklahoma Used Tire Recycling Act.

This part shall be known and may be cited as the "Oklahoma Used Tire Recycling Act".
Added by Laws 1989, c. 176, § 1, eff. July 1, 1989. Amended by Laws 1993, c. 145, § 191, eff. July 1, 1993. Renumbered from § 53001 of Title 68 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2011, c. 164, § 1, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-502. Plastic bottles or containers - Definitions.

For the purposes of the Plastic Container Labeling Act:
1. "Board" means the Environmental Quality Board;
2. "Department" means the Department of Environmental Quality;
3. "Label" means a molded, imprinted or raised symbol on or near the bottom of a plastic container or bottle;
4. "Person" means an individual, sole proprietor, partnership, association, corporation or other legal entity;
5. "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow;
6. "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap or other closure and has a capacity of sixteen (16) fluid ounces or more, but less than five (5) gallons; and
7. "Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight (8) ounces or more but less than five (5) gallons.
Added by Laws 1990, c. 121, § 1, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 202, eff. July 1, 1993. Renumbered from Title 63, § 3001.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-503. Plastic container labeling - Codes - Penalty.

A. No person shall distribute, receive for sale or offer for sale in this state any plastic bottle or rigid plastic container unless such container is labeled with a code identifying the appropriate resin type used to produce the structure of the container.
B. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
1. = PETE (polyethylene terephthalate);
2. = HDPE (high density polyethylene);
3. = V (vinyl);
4. = LDPE (low density polyethylene);
5. = PP (polypropylene);
6. = PS (polystyrene);
7. = OTHER.
C. The Department shall maintain a list of the label codes provided in subsection B of this section and shall provide a copy of that list to any person upon request.
D. The Board may promulgate by rule a different plastic container labeling system than the one specified in this statute if there is any change in the nationally recognized standard codified herein.
E. Any person convicted of violating the provisions of the Plastic Container Labeling Act shall be guilty of a misdemeanor.
Added by Laws 1990, c. 121, § 2, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 203, eff. July 1, 1993. Renumbered from Title 63, § 3001.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-504. Impermissible restrictions on auxiliary containers.

A. As used in this section, "auxiliary container" means any bag, cup, package, container, bottle, device or other packaging that is:
1. Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material or similar material including, but not limited to, coated or laminated materials; and
2. Designed for, but not limited to, consuming, transporting, or protecting merchandise, food or beverages from, or at, a food service facility, manufacturing, distribution, further processing, or retail facility.
B. Except for subsection D of this section, no political subdivision shall restrict, tax, prohibit or regulate the use, disposition or sale of auxiliary containers.
C. Nothing in this section shall prohibit or limit any county or municipal ordinance or agreement regarding a recycling program or the disposal of solid waste.
D. Subsection B of this section shall not apply to the use of auxiliary containers on property owned by a county or municipality.
Added by Laws 2019, c. 136, § 1.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-602. Purpose.

A. Computers and computer monitors have become indispensable to the strength and growth of the state’s economy and the quality of life of its citizens. Equally important is the protection of our state’s environment and natural resources which necessitates the implementation of a statewide system to properly dispose of or recycle these products. Many of these products can be refurbished and reused, and many contain valuable materials that can be recycled.
B. The purpose of the Oklahoma Computer Equipment Recovery Act is to establish a convenient and environmentally sound recovery program for the collection, recycling and reuse of computers and computer monitors that have reached the end of their useful lives. The program is based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and government.
Added by Laws 2008, c. 164, § 2, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-604. Collection and recovery services.

The collection and recovery provisions of this act shall apply to covered devices used and returned by consumers in this state. Manufacturers are encouraged to offer collection and recovery services to address the collection, recycling and reuse of computer and other electronic equipment not covered by the provisions of this act.
Added by Laws 2008, c. 164, § 4, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-606. Retailer-Sale requirements.

A retailer shall not sell or offer for sale a covered device in this state unless the covered device is labeled in accordance with Section 5 of this act and the manufacturer of the covered device is included on the state list of manufacturers with recovery plans.
Added by Laws 2008, c. 164, § 6, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-608. Liability for data on recovered devices.

A. Consumers remain responsible for any data or other information that may be on a covered device that is collected or recovered.
B. Manufacturers and retailers shall not be liable for data or other information that a consumer placed on a covered device that is collected or recovered.
Added by Laws 2008, c. 164, § 8, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-11-610. State agency purchases or leases - Rules - Financial or proprietary information.

A. No state agency shall contract for the purchase of covered electronic devices manufactured by any manufacturer that is not on the Department of Environmental Quality's list of registered manufacturers or that has been otherwise determined noncompliant with the provisions of this act.
B. Any person who submits a bid for a contract with a state agency for the purchase or lease of covered devices must show that the manufacturer of the brand of covered device is in compliance with the Oklahoma Computer Equipment Recovery Act.
C. A state agency that purchases or leases covered devices shall require each prospective bidder to certify compliance with this act. Failure to provide such certification shall render the prospective bidder ineligible to bid on the procurement of covered devices.
D. In the case of contracts for the purchase of covered electronic devices through a competitive process, in the event that the bidder having the lowest price or best value offer will supply covered electronic devices manufactured by a manufacturer that is not included on the Department's list of manufacturers with beyond-brand collection plans under subsection B of Section 2-11-607 of this title and one or more other bidders will supply covered electronic devices manufactured by a manufacturer that is included on that list, the contracting entity shall award such contract to the lowest price or best value bidder that will supply covered electronic devices manufactured by a manufacturer that is included on that list.
E. The Office of Management and Enterprise Services shall promulgate rules to implement the provisions of this section.
F. Financial or proprietary information submitted to the Department under this act is exempt from public disclosure, in accordance with state law.
Added by Laws 2008, c. 164, § 10, eff. Jan. 1, 2009. Amended by Laws 2012, c. 304, § 106.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-202. Department of Environmental Quality - Official state agency designation - Power and duty.

A. The Department of Environmental Quality is hereby designated as the official agency of this state for purposes of cooperating with, and implementing the state lead-based paint reduction and regulation program under the jurisdiction of, the federal Environmental Protection Agency.
B. In addition to authority under the Oklahoma Environmental Quality Code, the Department shall have the power and duty to:
1. Issue, renew, reactivate and renew, reinstate, modify, suspend, revoke, or refuse to issue, renew, reactivate and renew, reinstate, or modify certification pursuant to the provisions of the Oklahoma Lead-based Paint Management Act;
2. Cooperate with others in facilitating the development of educational and training programs, examinations, and community outreach materials, and cooperate with those who conduct educational and training programs or prepare materials related to lead-based paint activities and associated subjects;
3. Conduct, and determine the criteria for the successful completion of, certification examinations and provide for the confidentiality of examinations and individual scores;
4. Issue, renew, reinstate, modify, suspend, revoke, or refuse to issue, renew, reinstate, or modify accreditation to lead-based paint training programs and the providers of such programs, and recognize and approve out-of-state training programs and providers;
5. Enforce the provisions of this article, rules promulgated thereunder, and orders, accreditations and certifications issued pursuant thereto;
6. Collect and analyze samples to determine the presence and condition of lead-based paint as necessary for the enforcement of this article;
7. Convene and coordinate an interagency task force which shall meet on a regular basis to exchange information regarding lead poisoning prevention and lead-hazard control matters;
8. Establish liaison with other states having a state certification program to assure consistency of program requirements, in order to facilitate reciprocity of certification and accreditation among the several states;
9. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers pursuant to the Oklahoma Lead-based Paint Management Act including, but not limited to, contracts with the United States, other states, agencies and political subdivisions of this state;
10. Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable; and
11. Otherwise exercise all incidental powers as necessary and proper to implement and enforce the provisions of the Oklahoma Lead-based Paint Management Act and the rules of the Board promulgated thereto.
Added by Laws 1994, c. 321, § 4, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-302. Prohibition on performing services or advertising as certified contractor, specialist unless properly certified - Official certification list - Health and safety information.

A. No lead-based paint contractor shall perform or offer to perform lead-based paint services upon any target housing or child-occupied facilities unless such person is certified by the Department prior to performing or offering to perform such services.
B. No individual shall advertise or otherwise present himself as a certified lead-based paint contractor or specialist, for purposes of offering to perform or performing lead-based paint services unless certified by the Department pursuant to this article and rules promulgated thereunder.
C. Certified lead-based paint contractors and specialists shall use only environmental sampling laboratories that are part of an effective voluntary accreditation program as determined by the federal Environmental Protection Agency or which are federally certified to analyze for lead in paint films, soil and dust.
D. The Department shall maintain an official listing of the names and addresses of all certified lead-based paint contractors and specialists and make such list available to any person requesting it upon payment of a copying fee established by the Environmental Quality Board.
E. The State Department of Labor shall provide health and safety information on lead abatement to all lead-based paint contractors and specialists certified pursuant to the terms of this article.
Added by Laws 1994, c. 321, § 6, eff. July 1, 1994. Amended by Laws 1997, c. 114, § 4, emerg. eff. April 15, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-303. Prohibition on advertising as accredited program or provider unless properly accredited - Out-of-state accreditation.

A. No person, agency, institution or organization shall advertise or otherwise present itself as an accredited lead-based paint training program unless accredited by the Department pursuant to this article and rules promulgated thereunder.
B. No individual shall advertise or otherwise present himself as an accredited lead-based paint training provider or instructor unless accredited for such purposes by the Department pursuant to this article and rules promulgated thereunder.
C. Any accreditation issued pursuant to this article may contain conditions as the Department shall deem necessary or appropriate.
D. Any program or training provider accreditation issued pursuant to this article and rules promulgated thereunder shall be renewable annually for the period September 1 through August 31 pursuant to rules promulgated by the Board.
E. 1. Upon application by an out-of-state training program or training provider, the Department may recognize and approve in part or in whole the current accreditation of the applicant if the Department finds that the state's accreditation requirements in effect at the time of accreditation are equivalent to the requirements of the Department; provided, however, that no such accreditation will be recognized and approved by the Department unless the applicant program or provider would be accredited by such other state under substantially the same conditions.
2. Recognition and approval of an out-of-state training program or training provider may be granted with such conditions as the Department shall deem necessary or appropriate.
Added by Laws 1994, c. 321, § 7, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-304. Issuance, renewal of certificate, accreditation - Refusal, revocation, suspension - Reapplication.

A. 1. The Department shall have power to refuse to issue or renew, in part or in whole, a certificate or accreditation or, after notice and opportunity for an individual proceeding as provided in Article II of the Administrative Procedures Act and the Oklahoma Environmental Quality Code, and rules promulgated thereunder, revoke or suspend in part or in whole any certificate or accreditation for good cause including, but not limited to:
a.
gross inefficiency or incompetence,
b.
violation of any provisions of this article, rules promulgated thereunder or the terms or conditions of any certification, accreditation or order issued pursuant thereto, or
c.
fraud or misrepresentation in obtaining a certificate or accreditation.
2. After the expiration of one (1) year after the Department's denial of an application for a new or renewed certification or accreditation, or for a reactivated and renewed certificate, or the Department's revocation of a certification or accreditation, the holder of such certificate or accreditation may make application to the Department for new certification or accreditation. After the expiration of one (1) year after the Department's suspension of a certification or accreditation, the holder may make application to the Department for reinstatement or new certification or accreditation. Such new issuance or reinstatement shall rest in the sound discretion of the Department.
B. The Department may withdraw in part or in whole its recognition and approval of any out-of-state training program or training provider at any time the program or provider does not qualify therefor pursuant to this article and rules of the Board.
Added by Laws 1994, c. 321, § 8, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-401. Education and public information program - Publication of informational pamphlet.

A. Consistent with the terms of federal funding agreements and the receipt of such funds by the Department for such information programs, the Executive Director shall institute an education and public information program, in order to inform the general public, and particularly parents of children residing in areas of significant exposure to sources of lead-based paint hazards, teachers, social workers and other human services personnel; owners of residential property, particularly property constructed previous to 1945; and health services personnel at major hospitals, of the dangers, frequency, and sources of lead-based paint hazards, and the methods of preventing such hazards.
B. Consistent with the terms of federal funding agreements and the receipt of such funds by the Department for such an information program, the Department, after notice and opportunity for comment, shall publish, and from time to time revise, a lead-based paint hazard information pamphlet to be used in connection with the Oklahoma Lead-based Paint Management Act and Section 1018 of the federal Residential Lead-based Paint Hazard Reduction Act of 1992. The pamphlet shall:
1. Contain information regarding the health risks associated with exposure to lead;
2. Provide information on the presence of lead-based paint hazards in federally assisted, federally owned, and target housing;
3. Describe the risk of lead exposure for children under six (6) years of age, pregnant women, women of childbearing age, persons with respiratory disease or disabilities, persons involved in home renovation, and others residing in a dwelling with lead-based paint hazards;
4. Describe the risks of renovation in a dwelling with lead-based paint hazards;
5. Provide information on approved methods for evaluating and reducing lead-based paint hazards and their effectiveness in identifying, reducing, eliminating, or preventing exposure to lead-based paint hazards;
6. Advise persons how to obtain a list of certified contractors;
7. State that a hazard evaluation or on-site inspection for lead-based paint is recommended prior to the purchase, lease, or renovation of target housing;
8. State that certain state and local laws may impose additional requirements related to lead-based paint in housing and provide a listing of federal, state, and local agencies in each state, including address and telephone number, that can provide information about applicable laws and available governmental and private assistance and financing; and
9. Provide such other information about environmental hazards associated with residential real property as the Department deems appropriate.
Added by Laws 1994, c. 321, § 9, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-402. Renovation, demolition and remodeling - Guidelines.

In order to reduce the risk of exposure to lead in connection with renovation, demolition and remodeling of target housing and child-occupied facilities, the Environmental Quality Board shall, consistent with the terms of federal funding agreements and the receipt of such funds by the Department of Environmental Quality for such development and dissemination, promulgate guidelines for the conduct of such renovation, demolition and remodeling activities which may create a risk of exposure to dangerous levels of lead. The Department shall disseminate such guidelines to persons engaged in such renovation, demolition and remodeling through hardware and paint stores, employee organizations, trade groups, state and local agencies, and through other appropriate means.
Added by Laws 1994, c. 321, § 10, eff. July 1, 1994. Amended by Laws 1997, c. 114, § 5, emerg. eff. April 15, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-12-501. Federal employment contingent upon federal funds.

Any full-time-equivalent employees employed by the Department pursuant to this article to be compensated with federal funds shall have their employment contingent upon the procurement of federal funds and shall be terminated when federal support of those positions is discontinued. All activities performed by these employees shall be discontinued upon their termination due to the lack of such federal funds.
Added by Laws 1994, c. 321, § 11, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-102. Intent.

It is the intent of the Oklahoma Legislature that the Oklahoma Uniform Environmental Permitting Act provide for uniform permitting provisions regarding notices and public participation opportunities that apply consistently and uniformly to applications for permits and other permit authorizations issued by the Department of Environmental Quality.
Added by Laws 1994, c. 373, § 2, eff. July 1, 1994. Amended by Laws 1995, c. 285, § 11, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-104. Applicability.

A. The Oklahoma Uniform Environmental Permitting Act shall apply to applications filed with the Department on or after July 1, 1996.
B. Applications subject to the Oklahoma Uniform Environmental Permitting Act shall continue to be subject to additional or more comprehensive notice and public participation opportunities set forth in rules of the Board promulgated pursuant to federal requirements for individual state permitting programs.
Added by Laws 1994, c. 373, § 4, eff. July 1, 1994. Amended by Laws 1995, c. 285, § 13, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-201. Rules for implementation.

A. The Board shall have the authority to promulgate rules to implement the Oklahoma Uniform Environmental Permitting Act for each tier which will to the greatest extent possible:
1. Enable applicants to follow a consistent application process;
2. Ensure that uniform public participation opportunities are offered;
3. Provide for uniformity in notices required of applicants; and
4. Set forth procedural application requirements.
B. Such rules shall:
1. Designate applications as Tier I, II or III. In making such determinations, the Board and each recommending Council shall consider information and data offered on:
a.
the significance of the potential impact of the type of activity on the environment,
b.
the amount, volume and types of waste proposed to be accepted, stored, treated, disposed, discharged, emitted or land applied,
c.
the degree of public concern traditionally connected with the type of activity,
d.
the federal classification, if any, for such proposed activity, operation or type of site or facility, and
e.
any other factors relevant to such determinations;
2. For purposes of this section, the Board and each recommending Council shall ensure that such designations are consistent with any analogous classifications set forth in applicable federal programs.
C. Such rules shall for each tier:
1. Set forth uniform procedures for filing an application;
2. Contain specific uniform requirements for each type of notice required by the Oklahoma Uniform Environmental Permitting Act; provided, however, that if notice and public participation opportunities are required, such requirements shall not exceed those set forth for the tier unless required otherwise by applicable federal regulations promulgated as rules of the Board or a holding of the Oklahoma Supreme Court;
3. Contain other provisions needed to implement and administer this article; and
4. Designate positions to which the Executive Director may delegate, in writing, the power and duty to issue, renew, amend, modify and deny permits.
D. Such rules shall be adopted by the Board by March 1, 1996.
Added by Laws 1994, c. 373, § 5, eff. July 1, 1994. Amended by Laws 1995, c. 285, § 14, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-202. Department of Environmental Quality - Powers and duties.

A. The Department is hereby authorized to implement and enforce the provisions of the Oklahoma Uniform Environmental Permitting Act and rules promulgated thereunder.
B. In addition to authority under the Oklahoma Environmental Quality Code, the Department shall have the power and duty to:
1. Evaluate applications for administrative and technical completeness pursuant to requirements of the Code and rules promulgated thereunder and, when necessary to determine such completeness, request changes, revisions, corrections, or supplemental submissions;
2. Evaluate notices related to applications for sufficiency of content and compliance and require that omissions or inaccuracies be cured;
3. Consider timely and relevant comments received;
4. Prepare responses to comments, draft and final denials, and draft, proposed and final permits;
5. Cooperate with federal agencies as is required for federal review or oversight of state permitting programs;
6. Consolidate processes related to multiple, pending applications filed by the same applicant for the same facility or site in accordance with rules of the Board; and
7. Otherwise exercise all incidental powers as necessary and proper to implement the provisions of the Oklahoma Uniform Environmental Permitting Act and rules promulgated thereunder.
Added by Laws 1994, c. 373, § 6, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 15, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-301. Notice requirements.

A. Upon filing a Tier II or III application with the Department, the applicant shall publish notice of the filing as legal notice in one newspaper local to the proposed new site or existing facility. The publication shall identify locations where the application may be reviewed, including a location in the county where the proposed new site or existing facility is located.
B. For Tier III applications, the publication shall also include notice of a thirty-day opportunity to request, or give the date, time and place for, a process meeting on the permitting process. If the Department receives timely request and determines that a significant degree of public interest in the application exists, it shall schedule and hold such meeting. The applicant shall be entitled to attend the meeting and may make a brief presentation on the permit request. Any local community meeting to be held by the applicant on the proposed facility or activity for which a permit is sought may, with the agreement of the Department and the applicant, be combined with the process meeting authorized by this paragraph.
C. The provisions of this section shall not stay the Department's review of the application.
Added by Laws 1994, c. 373, § 8, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 16, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-302. Draft denial or draft permit - Notice requirements - Public review.

A. Upon conclusion of its technical review of a Tier II or III application within the permitting timeframes established by rules promulgated by the Board, the Department shall prepare a draft denial or draft permit.
1. Notice of a draft denial shall be given by the Department and notice of a draft permit shall be given by the applicant.
2. Notice of the draft denial or draft permit shall be published as legal notice in one newspaper local to the proposed new site or existing facility. The notice shall identify places where the draft denial or draft permit may be reviewed, including a location in the county where the proposed new site or existing facility is located, and shall provide for a set time period for public comment and for the opportunity to request a formal public meeting on the respective draft denial or draft permit. Such time period shall be set at thirty (30) days after the date the notice is published unless a longer time is required by federal regulations promulgated as rules by the Board. In lieu of the notice of opportunity to request a public meeting, notice of the date, time, and place of a public meeting may be given, if previously scheduled.
B. Upon the publication of notice of a draft permit, the applicant shall make the draft permit and the application, except for proprietary provisions otherwise protected by law, available for public review at a location in the county where the proposed new site or existing facility is located.
Added by Laws 1994, c. 373, § 9, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 17, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-303. Public meeting - Procedure.

The Department shall expeditiously schedule and hold a formal public meeting if the Department receives written timely request for such meeting, pursuant to the provisions of Section 2-14-302 of this title, and determines there is a significant degree of public interest in the draft denial or draft permit.
1. Notice of the meeting shall be given to the public at least thirty (30) days prior to the meeting date.
2. The public meeting shall be held at a location convenient to and near the proposed new site or existing facility not more than one hundred twenty (120) days after the date notice of the draft denial or draft permit was published.
3. At the meeting, any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements.
4. The public comment period shall automatically be extended to the close of the public meeting. Upon good cause shown, the presiding officer may extend the comment period further to a date certain by so stating at the meeting.
5. Such meeting shall not be a quasi-judicial proceeding.
6. The applicant or a representative of the applicant shall be present at the meeting to respond to questions.
Added by Laws 1994, c. 373, § 10, eff. July 1, 1996. Amended by Laws 1995, c. 285, § 18, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-14-305. General permits.

For common and routine permit applications, the Department of Environmental Quality may expedite the permitting process by issuing permits of general applicability, hereafter identified as "general permits". General permits shall be subject to all the Tier II administrative procedures including the public participation requirements. The administrative process for rulemaking shall not be applicable to the issuance of general permits. Individual applicants may obtain authorization through the Tier I process to conduct an activity covered by a general permit. General permits are limited to activities under the Tier I and Tier II classifications.
Added by Laws 1997, c. 200, § 1, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-15-101. Short title.

Sections 2-15-101 through 2-15-110 of this title shall be known and may be cited as the "Oklahoma Brownfields Voluntary Redevelopment Act".
Added by Laws 1996, c. 356, § 1, emerg. eff. June 14, 1996. Amended by Laws 2009, c. 48, § 1, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-15-102. Purpose of act—Construction.

A. The Oklahoma Legislature hereby declares that the purpose of the Oklahoma Brownfields Voluntary Redevelopment Act is to:
1. Provide for the establishment of a voluntary program by the Department of Environmental Quality;
2. Foster the voluntary redevelopment and reuse of brownfields by limiting the liability of property owners, lenders, lessees, and successors and assigns from administrative penalties assessed by the Department and civil liability with regard to the remedial actions taken by the participant for environmental contamination caused by pollution, as required by a consent order, if the remedial action is not performed in a reckless or negligent manner; and
3. Provide for a risk-based system for all applicable sites based on the proposed use of the site.
B. The Oklahoma Brownfields Voluntary Redevelopment Act shall not be construed to authorize or encourage any person or other legal entity to cause or increase pollution, to avoid compliance with state and federal laws and regulations concerning pollution or to in any manner escape responsibility for maintaining environmentally sound operations.
Added by Laws 1996, c. 356, § 2, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 141, § 3, eff. Nov. 1, 2004; Laws 2009, c. 48, § 2, eff. July 1, 2009.
NOTE: Laws 2004, c. 111, § 3 repealed by Laws 2005, c. 1, § 27, emerg. eff. March 15, 2005.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-15-104. Redevelopment program - Administration - Voluntary nature of program - Regulatory entities not to require evidence of participation - Ineligible persons - Rules.

A. The Department of Environmental Quality may establish and implement a voluntary redevelopment program for brownfields. In administering the Oklahoma Brownfields Voluntary Redevelopment Act, the Department shall:
1. Approve site-specific work plans for site characterization;
2. Approve site-specific remediation plans for each site as necessary, using a risk-based system;
3. Review and inspect site characterization and remediation activities and reports;
4. Use risk-based remediation procedures as determined by the agency to establish cleanup levels;
5. Evaluate engineering and institutional controls for function and performance;
6. Develop and implement rules and procedures for the review and processing of Brownfields Voluntary Redevelopment project applications for obtaining funds allocated to the state from the Federal Clean Water Act and other state and federal funds available for Brownfields Voluntary Redevelopment projects; and
7. Audit completed projects to ensure compliance with use restrictions.
B. Any brownfields program established pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act shall be a voluntary program.
C. No state governmental entity regulating any person or institution shall require evidence of participation in the Oklahoma Brownfields Voluntary Redevelopment Act.
D. The provisions of the Oklahoma Brownfields Voluntary Redevelopment Act shall not apply to any person who is:
1. Responsible for taking corrective action on the real property pursuant to orders or agreements issued by the federal Environmental Protection Agency;
2. Not in substantial compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency relating to the generation, storage, transportation, treatment, recycling or disposal of regulated substances; or
3. Has a demonstrated pattern of uncorrected noncompliance.
E. 1. The Environmental Quality Board shall promulgate rules necessary to implement the Oklahoma Brownfields Voluntary Redevelopment Act.
2. The Department is specifically authorized to promulgate emergency rules necessary pursuant to the Administrative Procedures Act to implement the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act.
3. Such rules shall include but not be limited to provision for work plans, consent orders, notice and public participation opportunities, brownfield remediation plans and no action necessary determinations issued by the Department.
Added by Laws 1996, c. 356, § 4, emerg. eff. June 14, 1996. Amended by Laws 1999, c. 381, § 1, emerg. eff. June 8, 1999; Laws 2009, c. 48, § 4, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-15-107. Land use disclosures - Filing - Violation of authorized uses.

A. 1. All land use disclosures shall be filed in the land records by the participant in the office of the county clerk where the site is located.
2. Within thirty (30) days of receipt of the Certificate of Completion or the Certificate of No Action Necessary, the participant shall submit to the Department of Environmental Quality an official copy of the land use disclosure filed with the county clerk in the county in which the site is located.
3. Failure to record the land use disclosure with the county clerk and submit the official copy to the Department as required by this section shall render the Certificate of Completion or Certificate of No Action Necessary voidable.
B. Whoever knowingly converts, develops or uses a brownfield site in violation of an authorized use as specified in the land use disclosure shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both such fine and imprisonment. Each day such violation continues shall be considered a separate offense.
Added by Laws 1996, c. 356, § 7, emerg. eff. June 14, 1996. Amended by Laws 2009, c. 48, § 7, eff. July 1, 2009.