Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 8 - Commercial Recycling › Part 1 - HYDROCARBON RECYCLING/RECLAIMING FACILITIES › Section 165:10-8-7 - Operation and maintenance requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fencing.
All
				  recycling/reclaiming facilities shall be completely enclosed by a fence at
				  least four feet in height. No livestock shall be allowed inside the fence.
				  Final construction is subject to approval by the Manager of Pollution
				  Abatement.
(b)
Sign.
A
				  waterproof sign bearing the name of the operator, legal description, permit
				  number, and emergency phone number shall be posted within 25 feet of the
				  entrance gate to the facility and shall be readily visible.
(c)
Site security.
Receiving of
				  any recycling/reclaiming material shall occur only when there is an attendant
				  on duty. All sites shall be secured by a locked gate when an attendant is not
				  on duty. A key or combination to the lock shall be provided to the appropriate
				  Field Inspector for the purpose of carrying out inspections.
(d)
Acceptable materials.
Operators of a recycling/reclaiming facility shall only receive substances as
				  defined in
				  165:10-1-2
				  "Deleterious substances."
(e)
Oil film.
OPERATORS TAKE NOTE: Federal statutes, such as the Bald
				  Eagle Protection Act (
				  16 U.S.C. Sections
				  668 -
				  668d
				  ), the Migratory Bird Treaty Act (
				  16 U.S.C.
				  Sections 703 -
				  711
				  ), the Endangered Species Act (
				  16
				  U.S.C. Sections 1531 -
				  1542
				  ), and the Lacey Act Amendments of 1981 (
				  16
				  U.S.C. Sections 3371 -
				  3378 ),
				  dictate substantial fines and penalties for persons who allow birds of certain
				  species to become fatally injured due to incidental contact with oil or oil
				  by-products. These fines may be levied upon persons allowing such fatalities to
				  occur, whether accidental or not. Misdemeanor and felony convictions may
				  include imprisonment. Information on affected bird species, regulations under
				  these Acts, and measures which can be taken to prevent such occurrences, such
				  as the netting or covering of open-topped tanks and pits which contain oil or
				  oil by-products, can be obtained from the U.S. Fish and Wildlife Service Office
				  in Oklahoma City or the nearest Oklahoma Department of Wildlife
				  Office.
(f)
Aesthetics.
(1) All surface
				  trash, debris, junk and scrap or discarded material connected with the
				  operations of the facility shall be removed from the premises. With written
				  permission from the surface owner, the operator may, without applying for an
				  exception to
				  165:10-3-17(b),
				  bury all nonhazardous material at a minimum depth of three feet; cement bases
				  are included.
(2) The appropriate
				  Conservation Division District Office or field inspector may issue a Form 1085
				  for any alleged violation of this subsection. If the operator fails to conduct
				  cleanup as directed, the Commission may fine the operator $500.00 for a first
				  offense. For a subsequent offense, the fine may be up to $1,000.00, and the
				  facility shall be shut down until completion for cleanup operations.