reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 5 - ASR Treatment Plant Construction › Section 252:653-5-3 - Variances from construction standards

Current through Vol. 41, No. 20, July 1, 2024
The policy of DEQ is to encourage better water treatment
				  methods and equipment, including the use of new technology. DEQ may approve
				  processes or equipment not specifically covered by the standards in this
				  Chapter provided the permittee requests an approvable variance. A variance from
				  the standards in this Chapter may be allowed, upon the request of the
				  applicant, if DEQ finds the variance will not increase the likelihood of a
				  system failure or detrimental effects to the aquifer. No variance will be
				  allowed unless it is noted on the construction permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 5 - ASR Treatment Plant Construction › Section 252:653-5-4 - Operator certification

Current through Vol. 41, No. 20, July 1, 2024
Operator certification requirements for the ASR water
				  treatment plant shall be consistent with the requirements of OAC
				  252:710.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Applicants requesting a permit for any recharge well,
				  infiltration basin and/or other water delivery mechanism shall submit a permit
				  application to DEQ meeting the requirements of this
				  Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-2 - Permit application requirements

Current through Vol. 41, No. 20, July 1, 2024
The following shall be included in an application for a
				  construction permit for any recharge well, infiltration basin and/or other
				  water delivery mechanism.
(1)
Site description.
A description of the ASR site.
(2)
Map.
A map showing the
				location of the proposed recharge wells and/or infiltration basins for which a
				permit is being sought and the applicable extent of the area of hydrologic
				effect of the project. Within the area of hydro-logic effect, the map must show
				the number, or name, and location of all oil and gas wells, dry holes,
				artificial penetrations, surface bodies of water, springs, wetlands, mines
				(surface and subsurface), quarries, water wells and other pertinent surface
				features including residences and roads. The map should also show faults, if
				known or suspected, and areas of known or suspected contamination. Public
				records which verify the information regarding all oil and gas wells, water
				wells, dry holes, and areas of known contamination submitted on the map shall
				also be included.
(3)
Geologic cross-sections.
Maps and cross-sections detailing the
				geologic structure and stratigraphy to include the area of hydrologic
				effect.
(4)
Operations.
Proposed operating data.
(5)
Contingency plans.
Contingency plans to cope with system failures.
(6)
Groundwater monitoring plan.
A plan for monitoring groundwater for changes in water level and water quality.
				All groundwater monitoring wells shall be constructed as required in OAC
				785:35.
(7)
Run-on/run-off.
Estimated annual precipitation, evaporation,
				transpiration, and recharge rates in the area of hydrologic effect.
(8)
Raw water and Aquifer
				Characterization.
The results of the raw water and aquifer
				characterization required in Subchapter 3.
(9)
Additional information.
Any
				additional information DEQ determines to be necessary based on information
				obtained from the Raw Water and Aquifer Characterization.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-3 - Additional application requirements for recharge wells

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of OAC 252:653-7-2, permit
				  applications for the construction of recharge wells shall include the
				  following:
(1) construction details to
				include, at a minimum, depth and diameter of casings and screens (or open hole
				completion), description of the installation method, construction features and
				specifications for the materials to be used;
(2) plugging and abandonment plan;
(3) proposed injection procedure;
(4) proposed operating data:
(A) average and maximum daily injection rates
				and volumes for each well;
(B)
				average and maximum injection pressure; and
(C) description of the injectate parameters
				to be monitored;
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-4 - Additional application requirements for infiltration basins

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of OAC 252:653-7-2, permit
				  applications for the construction of infiltration basins shall include the
				  following:
(1) construction details to
				include:
(A) number of infiltration
				basin(s);
(B) dimensions of the
				infiltration basin(s), including:
(i) surface
				area in acres;
(ii) depth and
				horizontal extent of trenches or other excavations to increase
				recharge;
(ii) maximum depth of
				water in basin; and
(iii) freeboard
				allowance
(C) gradients
				and elevations;
(D) method of
				construction;
(E) materials used;
(i) soil type and permeability;
(ii) filter fabric; and
(iii) aggregate material
(F) erosion control measures;
(G) flood control features;
(H) inflow and outflow/overflow points;
(I) measurement points; and
(J) monitoring
				equipment.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-5 - Additional application requirements for other water delivery mechanism

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of OAC 252:653-7-2,
				  applicable construction, closure and proposed operating data shall be provided
				  as part of the permit application for other water delivery mechanisms not
				  contemplated by these rules. The applicant shall provide information DEQ
				  determines to be necessary for the specific ASR project.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-5.1 - Notification

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant shall provide notice of the
				application to the following:
(1) by
				certified mail (return receipt requested) to all landowners of the properties
				that border the proposed ASR water delivery and recovery surface structure
				boundaries;
(2) by certified mail
				(return receipt requested) to irrigation, industrial, commercial and public
				water supply permit holders in the area of hydrologic effect;
(3) water rights owners in the area of
				hydrologic effect, as directed by DEQ;
(4) ground water associations, as directed by
				DEQ; and
(5) associations that
				represent oil and natural gas operators, as directed by DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-6 - Water delivery pilot test

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of OAC 252:653-7-2, a water
				  delivery pilot test plan shall be included as part of the permit application.
				  The plan shall include the following, as applicable:
(1)
Recharge well(s).
Field
				injectivity tests shall be conducted to assist in the design of the operating
				parameters of the recharge well. Details of the injectivity tests to be
				conducted shall be included.
(2)
Infiltration basin(s).
Field infiltration tests shall be conducted
				to assist in the design of infiltration systems. Infiltration rates must be
				determined by an appropriate infiltration test to be conducted by the
				applicant. Details of the infiltration tests to be conducted shall be
				included.
(3)
Other water
				delivery mechanism.
Field tests of the water delivery mechanism shall be
				conducted as required by DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 7 - Aquifer Storage and Recovery Water Delivery Construction › Section 252:653-7-7 - Aquifer testing

Current through Vol. 41, No. 20, July 1, 2024
In addition to the requirements of OAC
				  252:653-7-2, a plan shall be
				  submitted to DEQ with appropriate bench-scale testing followed by field-scale
				  pilot testing and modeling for evaluating the compatibility of the delivered
				  water with the receiving aquifer water for possible subsequent changes in
				  aquifer characteristics, groundwater, or stored water due to hydrogeologic or
				  hydrogeochemical changes. The plan shall include provisions for testing to
				  determine if the proposed full-scale, long-term project is hydrologically
				  feasible and to collect and evaluate operational, hydrologic, and geologic
				  data, including dissolution rates, needed to support operational application
				  for a full scale project.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Applicants requesting a permit for ASR operations shall
				  submit a permit application to DEQ meeting the requirements of this
				  Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-2 - Duration and continuation of expiring permit

Current through Vol. 41, No. 20, July 1, 2024
(a) Any ASR
				operating permit issued under this Subchapter shall extend for a period of (10)
				ten years, and shall be reviewed by DEQ every (5) five years for possible
				permit modification. Upon expiration of an ASR operating permit, a permittee
				may seek a renewal in accordance with the application requirements of this
				Subchapter.
(b) A permittee may
				continue operating under the conditions of an expired permit provided that a
				permit renewal application has been submitted to DEQ 180 days prior to
				expiration of the permit.
(c) In
				the event that the water quality standards of OAC 252:730 change within the
				duration of an ASR operating permit, the permittee shall submit a plan within
				180 days of the effective date of the standard to ensure the continued
				operation of the ASR project shall meet the new water quality
				standards.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-3 - No endangerment

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to specific permit conditions, all ASR projects
				  shall be operated in such a manner that the project will not endanger drinking
				  water sources.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-4 - Permit application requirements

Current through Vol. 41, No. 20, July 1, 2024
The following shall be included in an application for an
				  operations permit for an ASR project:
(1)
Site description.
A
				description of the ASR site which includes, at a minimum, a legal description
				of the site, a discussion of all surface facilities, and a description of the
				area of hydrologic effect.
(2)
Map.
A map showing the constructed ASR project for which a permit
				is being sought.
(3)
Operations.
Proposed operating parameters.
(4)
Contingency plan.
Contingency plans to address system failures.
(5)
Groundwater monitoring plan.
A plan for monitoring groundwater for changes in aquifer pressure and water
				quality.
(6)
Water delivery
				pilot test results.
Results of the water delivery pilot test conducted
				as required in Subchap-ter 7 of this Chapter.
(7)
Operation and maintenance.
Operation and maintenance requirements for the ASR system as required in this
				Subchapter.
(8)
Closure Plan.
A closure plan for the ASR system.
(9)
Cost Estimates.
Cost
				estimates for closure of the facility.
(10)
Financial assurance.
Financial assurance to cover the cost of closing the facility.
(11)
Horizontal and vertical extent of
				stored water.
A map showing the estimated maximum extent of stored water
				and discussion of the method and assumption used.
(12)
Additional information.
Any
				additional information DEQ determines to be necessary for the specific ASR
				project.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-5 - Operation and maintenance of ASR water treatment plant

Current through Vol. 41, No. 20, July 1, 2024
An Operation & Maintenance Manual for the operation and
				  maintenance of the ASR treatment plant must, at a minimum, include:
(1) system Treatment Requirements;
(2) description, operation and control of the
				ASR treatment plant;
(3)
				description, operation and control of the treatment works;
(4) control of unit processes;
(5) laboratory testing;
(6) common operating problems;
(7) start-up testing and
				procedures;
(8) normal operating
				procedures;
(9) alternative and
				emergency operations;
(10)
				emergency shutdown operations and emergency response;
(11) records control and retention;
(12) safety;
(13) ASR treatment maintenance requirements
				and/or water reuse system maintenance requirements;
(14) spare parts and chemical inventory;
				and
(15) reclaimed water storage
				and distribution system flushing plan to prevent slime growth, regrowth of
				pathogens and water age.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-6 - Operation and maintenance of recharge wells

Current through Vol. 41, No. 20, July 1, 2024
(a)
Operation.
The operation of
				recharge wells shall include:
(1)
Injection pressure.
Injection pressure at the wellhead shall not
				exceed a maximum which shall be calculated so as to assure the pressure in the
				injection zone does not cause movement of fluid out of the injection
				zone.
(2)
Mechanical
				integrity.
The owner or operator shall maintain the mechanical integrity
				of all recharge wells operated under this Subchapter.
(3)
Continuous monitoring.
The
				recharge well(s) shall be monitored continuously, to include at a minimum,
				monitoring of the injectate for flow, injection pressure and any constituents
				required by DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-7 - Operation and maintenance of infiltration basins

Current through Vol. 41, No. 20, July 1, 2024
(a)
Operation.
The operation of
				infiltration basins shall include:
(1)
Flow rate.
The flow rate into the infiltration basin shall be
				calculated based on the capacity of the infiltration basin to minimize the
				likelihood of overflow. Annual precipitation and evaporation should be taken
				into account.
(2)
Monitoring.
The infiltration basin(s) shall be monitored as
				required by DEQ, to include at a minimum, flow rate, infiltration rate, and any
				constituents required by the operations permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-8 - Operation and maintenance of other water delivery systems

Current through Vol. 41, No. 20, July 1, 2024
Methods for operation and maintenance of other water delivery
				  systems shall be included in the application.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-9 - Source control

Current through Vol. 41, No. 20, July 1, 2024
The applicant shall provide a mechanism for monitoring any
				  changes to the source of raw water and updating raw water characterization in
				  order to determine if the requirements of the ASR treatment plant need to be
				  modified to address the change in the raw water
				  characteristics.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-10 - Groundwater monitoring requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Groundwater monitoring.
The permittee shall monitor the
				groundwater quality through a network of groundwater monitoring wells for
				site-specific constituents to be approved by DEQ.
(b)
Alert triggers.
The
				applicant shall identify alert triggers, to be approved by DEQ, for each
				constituent monitored, for which the contingency plan will be
				activated.
(c)
Frequency.
DEQ shall approve groundwater monitoring frequency on a
				case-by-case basis.
(d)
Submittal of data to DEQ.
All groundwater monitoring data required
				by this Subchapter shall be submitted to DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-11 - Contingency plan

Current through Vol. 41, No. 20, July 1, 2024
A contingency plan must be developed to address potential
				  problems that may occur during the operation of the ASR project. The
				  contingency plan shall include the following.
(1)
Alert trigger.
The alert
				trigger is a numeric value, approved by DEQ, at which action must be taken for
				water level monitoring and/or water quality monitoring. The alert trigger must
				be set at such level as to provide early warning to correct a problem before
				impairment or harm occurs.
(2)
Course of action.
A clearly-defined course of action designed to
				verify and correct the condition that has caused an alert trigger to be
				exceeded.
(3)
Water
				management.
Procedures for appropriate management of raw and/or treated
				water.
(4)
Emergency
				coordinator.
The name and telephone number of the emergency coordinator
				responsible for implementing and managing the contingency plan.
(5)
Cease operations.
The
				permittee shall immediately cease operations when the alert trigger is
				exceeded.
(6)
DEQ
				notification.
The emergency coordinator shall notify DEQ within 24 hours
				and include the following information:
(A)
				description of the alert trigger that has been exceeded and the possible
				effects to the project and the area of hydrologic effect;
(B) the date and time when the alert level
				was exceeded;
(C) the method used
				or being used to correct the situation; and
(D) discussion on possible impairment and
				harm as a result of the exceedance.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-12 - Corrective action

Current through Vol. 41, No. 20, July 1, 2024
If it is determined that the groundwater has been
				  compromised, corrective action will be required. The following actions will be
				  required for the implementation of corrective action:
(1) a corrective action groundwater
				monitoring program must be established and implemented as specified by
				DEQ;
(2) the corrective action
				remedy must be selected and implemented;
(3) interim measures necessary to ensure the
				protection of human health and the environment must be taken; and
(4) financial assurance for corrective action
				must be established.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-13 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
Each calendar month the ASR project operator shall provide
				  DEQ with the following information for the previous month:
(1) the volume of water delivered for
				storage;
(2) the volume of water
				recovered for beneficial use;
(3)
				monthly average injection pressures, if applicable; and
(4) other information as determined by DEQ to
				be necessary.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 9 - Aquifer Storage And Recovery Operations › Section 252:653-9-14 - Closure plan

Current through Vol. 41, No. 20, July 1, 2024
A plan for the closure of the ASR facility shall include the
				  following, if applicable:
(1) plugging
				and abandonment of ASR recharge wells;
(2) closure of ASR infiltration
				basins;
(3) closure of any other
				ASR water delivery mechanism; and
(4) closure of the ASR treatment
				plant.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
All ASR projects are subject to the requirements of this
				  Subchapter, except limited-scale pilot projects.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-2 - Duty to maintain financial assurance

Current through Vol. 41, No. 20, July 1, 2024
Financial assurance for closure and/or corrective action, as
				  applicable, must be maintained continuously until released from the requirement
				  to maintain such assurance by:
(1)
				demonstrating compliance with the closure requirements of Subchapter 9 of this
				Chapter; and
(2) demonstrating
				compliance with the corrective action requirements, if necessary.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-3 - Permit transfers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Transfer
				of permit.
When the operating permit is transferred from one
				owner/operator ("transferor") to another owner/operator ("transferee"), the
				transferee shall either provide new financial assurance or assume the existing
				assurance, if adequate in amount.
(b)
Release of transferor's financial
				assurance.
DEQ will not release the transferor's financial assurance
				until the transferee has obtained approved financial assurance.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-4 - Substitute financial assurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Substitutions allowed.
Substitute financial assurance may be
				provided as specified in this Subchapter.
(b)
Release of previous
				instrument.
DEQ will not release any current assurances until an
				approved substitute is in place.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-5 - Cost estimates for closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure cost estimate.
Closure cost estimates shall be submitted
				to DEQ for approval. The estimate shall be a detailed written estimate, in
				current dollars, of the cost of hiring a third party to close the ASR facility
				in accordance with the permit, the approved closure plan, and the rules of this
				Chapter at any time during its active life.
(b)
Amount.
The cost estimate
				shall be set by DEQ and be equal to the cost of closing the ASR facility when
				the extent and manner of its operation would make closure the most expensive,
				as indicated by its closure plan.
(c)
DEQapproval.
A copy of the
				cost estimate shall be submitted to DEQ for approval.
(d)
Increases required.
Closure
				cost estimates and the amount of financial assurance provided must be increased
				if, at any time during the active life, changes to the closure plan or facility
				conditions increase the maximum cost of closure.
(e)
Reductions allowed.
Proposals for reduction of closure cost estimates and the amount of financial
				assurance required may be approved by DEQ.
(1)
Conditions.
To qualify for a
				reduction:
(A) part of the closure plan must
				have been completed and approved by DEQ; or
(B) the cost estimate must be demonstrated to
				exceed the maximum cost of closure during the remaining life of the
				facility.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-6 - Cost estimates for corrective action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corrective action cost estimate
				required.
When corrective action is required at an ASR facility, cost
				estimates for corrective action shall be submitted to DEQ for approval. The
				cost estimates shall be a detailed written estimate, in current dollars, of the
				cost of hiring a third party to perform the corrective action.
(b)
Amount.
The corrective
				action cost estimate shall be set by DEQ and account for the total costs of
				corrective action activities as described in the approved corrective action
				plan for the entire corrective action period.
(c)
Increases required.
The
				corrective action cost estimate and the amount of financial assurance provided
				must be increased at any time changes to the corrective action program or
				facility conditions increase the estimated cost of corrective action.
(d)
Reduction allowed.
Proposals
				for reduction of corrective action cost estimates and the amount of financial
				assurance required may be approved by DEQ.
(1)
Estimate exceeds cost.
To
				qualify for a reduction, the cost estimate must be demonstrated to exceed the
				maximum cost of corrective action at any time during the remaining life of the
				facility.
(2)
Adequate
				assurance remains.
The amount of security remaining after the reduction
				must adequately cover the estimated corrective action costs yet to be
				realized.
(3)
DEQ approval
				required.
Financial assurance shall not be reduced until DEQ approval
				has been granted.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-7 - Annual adjustments to cost estimates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Adjustment required.
Except
				as provided in (b) and (c) of this Section, cost estimates for closure and/or
				corrective action shall be adjusted no later than April 1st of each year. The
				adjustment must be submitted to DEQ for approval.
(1)
Recalculation of maximum
				costs.
The maximum costs of closure and/or corrective action may be
				recalculated in current dollars using the procedure in Part 5 of this
				Subchapter (relating to determination of cost estimates).
(2)
Use of inflation factor.
If
				there are no significant changes to the closure plan and/or corrective action
				plan, or facility conditions, cost estimates may be adjusted by use of an
				inflation factor derived from the most recent annual "Implicit Price Deflator
				for Gross National Product" or the "Implicit Price Deflator for Gross Domestic
				Product" published by the U.S. Department of Commerce in its
Survey of
				Current Business
in the year for which the adjustment is being made.
(A) The first adjustment shall be made by
				multiplying the approved cost estimate by the inflation factor. The result is
				the adjusted cost estimate.
(B)
				Subsequent adjustments shall be made by multiplying the latest adjusted cost
				estimate by the latest inflation factor.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-8 - Financial assurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				Requirements.
To qualify as financial assurance for the performance
				costs of closure and/or corrective action, a financial assurance mechanism
				must:
(1) ensure that the amount of funds
				assured is sufficient to cover the costs of closure and/or corrective action
				for known releases when needed;
(2)
				ensure that funds will be available in a timely fashion when needed;
(3) be legally valid, binding, and
				enforceable under State and Federal law;
(4) be non-negotiable;
(5) be in an amount approved by
				DEQ;
(6) indicate the purpose of
				the financial assurance is to provide funds for the adequate completion of
				closure and/or corrective action upon the failure of the owner/operator
				("principal") to fully complete performance according to the terms of the
				permit and applicable law;
(7)
				provide the name, address, telephone number(s), contact person(s), and
				organizational information for the principal and for the financial assurance
				issuer ("issuer");
(8) provide
				information on financial responsibility and liability limits of the
				issuer;
(9) provide a clause
				requiring payment to the State of Oklahoma, Department of Environmental Quality
				Revolving Fund, as the sole beneficiary upon DEQ's certification that the
				principal has not fully or satisfactorily performed required closure and/or
				corrective action activities;
(10)
				provide a clause addressing termination and stating that neither the principal
				nor issuer can revoke or cancel the financial assurance mechanism without
				notice to DEQ 120 days before revocation or cancellation is
				effective;
(11) provide a clause
				requiring notice to DEQ by issuer and to the principal prior to renewal date,
				if any;
(12) provide a clause
				requiring 30 day notice to DEQ by issuer of principal's failure to pay renewal
				fee(s), if any;
(13) specify
				whether coverage is for the life of the facility through certified closure
				and/or corrective action;
(14)
				include original signatures and typed names of authorized agents of the
				principal and the issuer; and
(15)
				contain evidence that the signatory for the issuer is empowered to commit the
				issuer to payment.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-9 - Use of multiple mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Multiple mechanisms allowed.
Financial assurance requirements may
				be satisfied by establishing more than one approved financial assurance
				mechanism described in this Part.
(b)
Amount must be sufficient.
If multiple mechanisms are used, the amount of financial assurance for
				all mechanisms must total at least the current cost estimate for closure and/or
				corrective action.
(c)
Limitations on performance mechanisms.
Mechanisms guaranteeing
				performance rather than payment may not be combined with other
				mechanisms.
(d)
Limitations
				on corporate test or guarantee.
The financial test or a guarantee
				provided by a corporate parent, sibling, or grandparent may not be combined if
				the financial statements of the two firms are consolidated.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-10 - Allowable financial assurance mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner/operator must choose from the
				financial assurance mechanisms specified in this Part.
(b) The mechanisms must ensure that the funds
				necessary to meet the costs of closure and corrective action for known releases
				will be available whenever they are needed.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-11 - Cash

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cash authorized.
Financial
				assurance requirements may be satisfied by making a deposit, via cash,
				certified check, or money order, to the State Treasury, payable to the
				Department of Environmental Quality Revolving Fund, for the fully approved cost
				estimates for closure and/or corrective action.
(b)
Additional requirements.
Compliance with OAC 252:653-11-8(a)(5), (6), (7), and (13) is
				required.
(c)
Submit to
				DEQ.
Documentation demonstrating compliance with (a) and (b) of this
				Section shall be submitted to DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-12 - Certificate of deposit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certificate of deposit authorized.
Financial assurance
				requirements may be satisfied through a certificate of deposit payable to the
				Department of Environmental Quality Revolving Fund, for the fully approved cost
				estimates for closure and/or corrective action. Such certificate shall be filed
				with the Office of the State Treasurer.
(b)
Chartered bank.
The
				certificate of deposit shall be issued by a state or federally chartered bank,
				regulated and examined by a state or federal agency.
(c)
Additional requirements.
Compliance with OAC 252:653-11-8(a)(5), (6), (7), and (13) is
				required.
(d)
Submit to
				DEQ.
Documentation demonstrating compliance with (a) through (c) of this
				Section shall be submitted to DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-13 - Trust fund

Current through Vol. 41, No. 20, July 1, 2024
(a)
Trust
				fund authorized.
Financial assurance requirements may be satisfied by
				establishing a trust fund meeting the requirements of this Section.
(b)
Acceptable trustee.
The
				trustee must be an entity which has the authority to act as a trustee and whose
				trust operations are regulated and examined by a federal or state
				agency.
(c)
Additional
				requirements.
The trust must be in a format approved by DEQ and contain
				an irrevocable assignment of the funds to DEQ.
(d)
Submit trust agreement to
				DEQ.
A copy of the trust agreement must be submitted to DEQ for
				approval.
(e)
Pay-in
				period.
Payments into the trust fund must be made no later than April
				9th of each year as follows:
(1)
Closure.
For closure, the pay-in period shall be 10 years after
				the date of permit issuance.
(2)
Corrective action.
For corrective action, the pay-in period shall
				be 10 years after the corrective action remedy has been selected, or one-half
				of the estimated length of the corrective action program, whichever is
				shorter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-14 - Escrow account

Current through Vol. 41, No. 20, July 1, 2024
(a)
Escrow
				account authorized.
Financial assurance requirements maybe satisfied by
				establishing an escrow account in the name of the Department of Environmental
				Quality.
(b)
Chartered
				bank.
The escrow bank must be a state or national bank located within
				the State of Oklahoma authorized to receive and hold State funds.
(c)
Additional requirements.
(1)
Escrow agreement.
The escrow
				agreement must contain an irrevocable assignment of the funds therein to DEQ to
				be used in accordance with this Section.
(2)
Funds insured.
The funds
				placed in the escrow account must be fully insured and/or collateralized by the
				Bank's pledge of government securities.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-15 - Surety bond

Current through Vol. 41, No. 20, July 1, 2024
(a)
Surety
				bond for closure authorized.
Financial assurance requirements for
				closure may be satisfied by obtaining a payment or performance surety bond
				conforming to the requirements of this Section.
(b)
Performance bond for corrective
				action authorized.
Financial assurance requirements for corrective
				action may be satisfied by obtaining a performance bond conforming to the
				requirements of this Section.
(c)
Submit bond to DEQ.
A copy of the bond must be submitted to DEQ
				for approval.
(d)
Acceptable
				bonds.
The surety company issuing the bond must, at a minimum, be among
				those listed as acceptable sureties on Federal bonds in Circular 570 of the
				U.S. Department of the Treasury.
(e)
Penal sum.
The penal sum of
				the bond must be in an amount at least equal to the current closure or
				corrective action cost estimate, whichever is applicable, except as provided in
				OAC 252:653-11-19 (relating to the use of multiple mechanisms).
(f)
Surety liable.
Under the
				terms of the bond, the surety will become liable on the bond obligation when
				the owner/operator fails to perform as guaranteed by the bond.
(g)
Establish standby trust fund.
A standby trust to receive bond payments must be established that meets
				the requirements of OAC 252:653-11-13, except the requirements for initial
				payment and subsequent annual payments specified in OAC 252:653-11-13(e)
				through (g).
(h)
Deposits
				into standby trust.
Payments made under the terms of the bond must be
				deposited by the surety directly into the standby trust fund.
(i)
Payments from the trust.
Payments from the trust fund must first be approved by DEQ and the trustee.
(j)
Cancellation by surety.
Under the terms of the bond, the surety may cancel the bond by sending
				notice of cancellation by certified mail to the owner/operator and to DEQ 120
				days in advance of cancellation.
(k)
New financial assurance
				required.
DEQ approved alternate financial assurance meeting the
				requirements of this Part must be established:
(1) prior to the effective date of
				cancellation of the bond by the surety, or
(2) within 60 days of receipt of notice the
				surety no longer meets the requirements of (d) of this Section.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-16 - Letter of credit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Letter of
				credit authorized.
Financial assurance for closure and/or corrective
				action may be satisfied by obtaining an irrevocable standby letter of credit
				that conforms to the requirements of this Section.
(b)
Submit letter of credit to
				DEQ.
A copy of the letter of credit must be submitted to DEQ for
				approval.
(c)
Acceptable
				issuing institutions.
The issuing institution must be an entity that has
				the authority to issue letters of credit and whose letter of credit operations
				are regulated and examined by a federal or state agency.
(d)
Documents to include.
A
				letter from the owner/operator referring to the letter of credit by number and
				containing the following must be included with the letter of credit:
(1) the name of the issuing
				institution;
(2) the date the
				letter of credit was issued;
(3)
				the disposal facility name and address; and
(4) the amount of funds assured.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-17 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Insurance authorized.
Financial assurance for closure may be satisfied by obtaining insurance that
				conforms to the requirements of this Section.
(b)
Definition.
When used in
				this Section, the term "face amount" means the total amount the insurer is
				obligated to pay under the policy. Actual payments by the insurer will not
				change the face amount, although the insurer's future liability will be lowered
				by the amount of the payments.
(c)
Acceptable insurers.
At a minimum, the insurer must be licensed to
				transact the business of insurance in the State of Oklahoma, or be eligible to
				provide insurance as an excess or surplus lines insurer, in one or more
				States.
(d)
Submit to
				DEQ.
A copy of the insurance policy must be submitted to DEQ for
				approval.
(e)
Policy
				requirements.
The insurance policy must include the following
				provisions.
(1)
Face amount.
The
				policy must be issued for a face amount at least equal to the current cost
				estimate for closure except as provided in OAC 252:653-11-9 (relating to the
				use of multiple mechanisms).
(2)
Funds available.
The policy must guarantee that funds will be
				available to close the facility whenever final closure occurs for the
				facility.
(3)
Insurer
				responsible.
The policy must guarantee that once closure begins, the
				insurer will be responsible for the paying out of funds to the owner/operator
				or other person authorized to conduct closure, up to an amount equal to the
				face amount of the policy.
(4)
Assignment of policy.
The policy must contain a provision allowing
				assignment of the policy to a successor owner/operator. Such assignment may be
				conditional upon consent of the insurer, provided that such consent is not
				unreasonably refused.
(5)
Insurer may not cancel, terminate, or fail to renew.
The policy
				must include a provision that the insurer may not cancel, terminate or fail to
				renew the policy except for failure to pay the premium.
(6)
Automatic renewal.
The
				policy must provide the insured with the option of automatic renewal of the
				policy at the face amount of the expiring policy.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-18 - Corporate financial test

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corporate test authorized.
A corporate owner/operator that
				satisfies the requirements of this Section may demonstrate financial assurance
				up to the amount specified in this Section.
(b)
Financial component.
The
				following demonstrations must be submitted to DEQ for approval.
(1) The corporation must satisfy one of the
				following three conditions:
(A) a current
				rating for its senior unsubordinated debt of AAA, AA, A, or BBB as issued by
				Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; or
(B) a ratio of less than 1.5 comparing total
				liabilities to net worth; or
(C) a
				ratio of greater than 0.10 comparing the sum of net income plus depreciation,
				depletion and amortization, minus $10 million, to total liabilities.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-19 - Local government financial test

Current through Vol. 41, No. 20, July 1, 2024
(a)
Local government test authorized.
A local government
				owner/operator that satisfies the requirements of this Section may demonstrate
				financial assurance up to the amount specified in this Section.
(b)
Local government not eligible for
				assurance.
A local government is not eligible to assure its obligations
				under this Section if it:
(1) is currently in
				default on any outstanding general obligation bonds;
(2) has any outstanding general obligation
				bonds rated lower than Baa as issued by Moody's or BBB as issued by Standard
				and Poor's;
(3) operated at a
				deficit equal to five percent or more of total annual revenue in each of the
				past two fiscal years; or
(4)
				receives an adverse opinion, disclaimer of opinion, or other qualified opinion
				from the independent certified public accountant (or appropriate State agency)
				auditing its financial statement as required by (e) of this Section.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 653 - Aquifer Storage and Recovery › Subchapter 11 - Cost Estimates And Financial Assurance › Section 252:653-11-20 - Corporate guarantee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corporate
				guarantee authorized.
An owner/operator may satisfy his financial
				assurance requirements by obtaining a written guarantee from a corporate
				sponsor ("guarantor").
(b)
Relationship of guarantor to owner/operator.
The guarantor must be
				the direct or higher-tier parent corporation of the owner/operator, a firm
				whose parent corporation is also the parent corporation of the owner/operator,
				or a firm with a substantial business relationship with the
				owner/operator.
(c)
Requirements of guarantor.
The guarantor must meet the
				requirements for corporate owner/operators in OAC 252:653-11-18 and must comply
				with the terms of the guarantee.
(d)
Documentation required.
The
				owner/operator must submit to DEQ for approval, a certified copy of the
				guarantee, along with copies of the information described in OAC
				252:653-11-18(c).
(1) If the guarantor's
				parent corporation is also the parent corporation of the owner/operator, the
				letter from the guarantor's chief financial officer must describe the value
				received in consideration of the guarantee.
(2) If the guarantor is a firm with a
				substantial business relationship with the owner/operator, this letter must
				describe this substantial business relationship and the value received in
				consideration of the guarantee.