reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-76 - UIC applications - Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following underground injection control authorizations
					 require Tier I applications.
(1) Minor
				  modification of a permit for Class I, III, and V wells in accordance with
				  40 CFR
				  §144.41.
(2) Modification of an approved closure
				  and/or post-closure plan for a Class I hazardous waste injection
				  well.
(3) Modification of an
				  approved plugging and abandonment plan for Class I nonhazardous and Class III
				  injection wells.
(4) Modification
				  of an approved corrective action plan for a Class I injection well.
(5) Emergency permit in accordance with
				  40 CFR §
											144.34.
(6) Minor administrative modification of all
				  permits and other authorizations.
(7) Class V injection well permit, or
				  modification, for disposal of drinking water treatment residuals into a Class
				  II-D injection well permitted by the Oklahoma Corporation Commission.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 19 Ok Reg 1008, eff
					 6-1-02
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-77 - UIC applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following underground injection control authorizations
					 require Tier II applications.
(1)
				  On-site Class I nonhazardous waste injection well permit.
(2) Class III and V injection well permits
				  except Class V permits issued under Tier I or III.
(3) Modification and/or renewal of all
				  DEQ-issued underground injection control well permits, except Class V permits
				  issued under Tier I.
(4) Work plan
				  authorizations for the construction and testing of geological reconnaissance
				  test wells intended to demonstrate compliance with UIC siting
				  criteria.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 19 Ok Reg 1008, eff
					 6-1-02
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-78 - UIC applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
The following underground injection control authorizations
					 require Tier III applications.
(1)
				  Class I hazardous waste injection well permit.
(2) Off-site Class I nonhazardous waste
				  injection well permit.
(3) Class V
				  industrial waste injection well permit, except Class V permits issued under
				  Tier I.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-79 - Aquifer Storage and Recovery (ASR) applications-Tier I

Current through Vol. 41, No. 20, July 1, 2024
The following ASR authorizations require Tier I
					 applications.
(1) Minor modification
				  of any ASR permit for minor changes.
(2) Modification of an approved closure plan
				  for an ASR operating permit.
(3)
				  Modification of an approved corrective action plan.
(4) Modification of a limited-scale ASR pilot
				  project permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-80 - ASR applications - Tier II

Current through Vol. 41, No. 20, July 1, 2024
The following ASR authorizations require Tier II
					 applications.
(1) Modification of ASR
				  permits not covered under Tier I.
(2) Limited-scale ASR pilot projects as
				  authorized by 27A O.S. § 2-6-110.
(3) ASR treatment plant construction
				  permit.
(4) Modification of an
				  existing water treatment plant for ASR operations.
(5) Renewal of ASR operations
				  permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 7 - Environmental Permit Process › Part 7 - WATER QUALITY DIVISION TIERS AND TIME LINES › Section 252:4-7-81 - ASR applications - Tier III

Current through Vol. 41, No. 20, July 1, 2024
The following ASR authorizations require Tier III
					 applications.
(1) ASR water delivery
				  construction permit.
(2) ASR
				  operations permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 1 - ENFORCEMENT › Section 252:4-9-1 - Notice of Violation ("NOV")

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise provided by the particular enabling
					 legislation, administrative enforcement proceedings shall begin with a written
					 notice of violation (NOV) being served upon the Respondent. The NOV shall set
					 forth Respondent's action or omission and the specific provision of the Code,
					 rules, license or permit alleged to be violated. An NOV may be a letter,
					 inspection sheet, consent order or final order, if it meets the requirements of
					 this Section.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 1 - ENFORCEMENT › Section 252:4-9-2 - Administrative compliance orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
When issued.
The Executive Director, upon the request of a
				  Division, may issue an administrative order requiring compliance, assessing
				  penalties for past violations and specifying penalties for continuing
				  noncompliance.
(b)
Contents.
An administrative compliance order shall specify the
				  findings of fact and conclusions of law upon which it is based and shall set a
				  time for the Respondent to comply. The Order shall specify the penalty, not to
				  exceed the statutory maximum per day of noncompliance, to be assessed in the
				  event that the Respondent fails to comply with the Order within the prescribed
				  time, and, if applicable, the penalty assessed for past violations of the Code,
				  rules, or licenses or permits. The Order shall advise the Respondent that it
				  shall become final unless an administrative hearing is requested in writing in
				  accordance with
				  252:4-9-32
				  within fifteen (15) days of service of the Order.
(c)
Service.
An Order shall be
				  served in accordance with
				  252:4-9-35.
(d)
Order following hearing.
Based on the hearing and record, a proposed order will be sustained, modified,
				  or dismissed by the Executive Director. If the hearing process extends beyond
				  any compliance deadline specified in the Order, fines specified in the Order
				  for violations of the Order will continue to accrue during the hearing process
				  unless the Administrative Law Judge stays the penalty upon request for good
				  cause shown.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 1 - ENFORCEMENT › Section 252:4-9-3 - Determining penalty

Current through Vol. 41, No. 20, July 1, 2024
In determining the amount of penalty specified in an
					 administrative penalty order, the DEQ may consider the following:
(1) the factors specified by 27A O.S. §
				  2-3-502(K)(2); and
(2) the extent
				  and severity of environmental degradation or adverse health effects caused by
				  the violation.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 1 - ENFORCEMENT › Section 252:4-9-4 - Assessment orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance
				  of assessment order.
Any time the DEQ believes the Order has been
				  violated, the Executive Director may issue an order assessing an administrative
				  penalty pursuant to 27A O.S. § 2-3-502. In determining an appropriate
				  administrative penalty, the Executive Director may consider Respondent's
				  efforts to comply after being served with the Order.
(b)
Content of assessment
				  orders.
An assessment order must state the nature and period of the
				  violation and must determine the amount of the fine. The fine is due and
				  payable immediately upon issuance of the assessment order, unless a hearing is
				  requested within seven (7) days. See also 27A O.S. § 2-3-502.
(c)
Continuing violations.
If
				  the DEQ believes that violations of the administrative compliance or penalty
				  order continue after the issuance of an assessment order, the Executive
				  Director may issue additional assessment orders covering periods of violation
				  since the period covered by the issuance of a previous assessment
				  order.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 1 - ENFORCEMENT › Section 252:4-9-5 - Considerations for self-reporting of noncompliance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conditions for not seeking
				  administrative and civil penalties.
Except in the case of habitual
				  noncompliance or as otherwise provided in this section, in evaluating an
				  enforcement action for a regulated entity's failure to comply with DEQ rules,
				  the DEQ will not seek an administrative or civil penalty when the following
				  circumstances are present:
(1) The regulated
				  entity voluntarily, promptly and fully discloses the apparent failure to comply
				  with applicable state environmental statutes or rules to the appropriate DEQ
				  Division in writing before the Division learns of it or is likely to learn of
				  it imminently;
(2) The failure is
				  not deliberate or intentional;
(3)
				  The failure does not indicate a lack or reasonable question of the basic good
				  faith attempt to understand and comply with applicable state environmental
				  statutes or rules through environmental management systems appropriate to the
				  size and nature of the activities of the regulated entity;
(4) The regulated entity, upon discovery,
				  took or began to take immediate and reasonable action to correct the failure
				  (i.e., to cease any continuing or repeated violation);
(5) The regulated entity has taken, or has
				  agreed in writing with the appropriate Division to take, remedial action as may
				  be necessary to prevent recurrence of such failure. Any action the regulated
				  entity agrees to take must be completed;
(6) The regulated entity has addressed, or
				  has agreed in writing with the appropriate Division to address, any
				  environmental impacts of the failure in an acceptable manner;
(7) The regulated entity has not realized and
				  will not realize a demonstrable and significant economic or competitive
				  advantage as a result of non-compliance; and
(8) The regulated entity cooperates with the
				  DEQ as the DEQ performs its duties and provides such information as the DEQ
				  reasonably requests to confirm the entity's compliance with these
				  conditions.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-31 - Individual proceedings filed by DEQ

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initiation.
Individual proceedings may be initiated by DEQ program
				  areas by filing an administrative compliance or penalty order with the
				  Administrative Law Clerk.
(b)
Content.
Each order shall name the Respondent(s), contain a brief
				  statement of the facts, refer to the specific provision of the Code, rules,
				  license or permit alleged to be violated, state the relief requested and
				  include notice to the Respondent(s) of the opportunity to request an
				  administrative hearing.
(c)
Style.
The style of the case shall be in accordance with the
				  format in Appendix D.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-32 - Individual proceedings filed by others

Current through Vol. 41, No. 20, July 1, 2024
(a)
Request for administrative hearing
				  in response to Order.
A request for an individual proceeding initiated
				  by the Respondent named in an Order shall be in writing and shall specifically
				  set forth the Respondent's objections to the Order.
(b)
Administrative hearing on Tier III
				  permits.
An individual proceeding on a proposed permit for a Tier III
				  application may be requested in accordance with 27A O.S.§
				  2-14-304(C)(1).
(c)
Style.
The style of the case shall be in accordance with the
				  format in Appendix D.
(d)
Content.
All requests for individual proceedings must be in
				  writing, contain a brief statement of the basis of the request and the name and
				  address of each requester, and be signed by the requester or an authorized
				  representative.
(e)
Declaratory ruling.
Any person who alleges that any DEQ rule,
				  order or final permit decision interferes with or impairs, or threatens to
				  interfere with or impair, his/her legal rights may petition the DEQ, formally
				  requesting a declaratory ruling on the applicability of the rule, order or
				  final permit decision. After the petition is filed, the DEQ shall provide a
				  copy to the Board.
(1)
Time.
Any
				  person who requests a declaratory ruling on the applicability of an order must
				  file the petition within twenty (20) working days of receipt of the
				  order.
(2)
Form and content
				  of petition.
All petitions shall be in writing and filed with the
				  Administrative Law Clerk. The petition shall include the information and follow
				  the format in Appendix B.
(3)
Determination.
Petitions for declaratory rulings shall be decided
				  by the DEQ. Written rulings shall state the findings of fact and conclusions of
				  law upon which they are based. If the DEQ refuses to make a ruling or begin an
				  individual proceeding within 30 days of receipt, the petition shall be deemed
				  to have been denied. If the DEQ begins an individual proceeding on the
				  petition, it shall offer an opportunity for a hearing to the petitioner. After
				  the DEQ issues a ruling or the Executive Director issues a final order, the DEQ
				  shall provide a copy of the ruling or final order to the Board at its next
				  available meeting.
(4)
Mailing.
The DEQ shall mail a copy of the ruling or final order to
				  the petitioner.
(5)
Prerequisite to judicial review.
A ruling, or a refusal to rule,
				  in response to a petition filed with the DEQ for a declaratory ruling is a
				  prerequisite to seeking judicial review of a final permit decision pursuant to
				  75 O.S. §
											307.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-33 - Scheduling and notice of hearings

Current through Vol. 41, No. 20, July 1, 2024
The DEQ shall schedule an administrative hearing after
					 receipt of a proper and timely request. The Administrative Law Clerk shall
					 notify the parties of the date, time and place of the hearing. Notice shall
					 satisfy the requirements of the APA and shall be made at least fifteen (15)
					 days prior to the hearing unless otherwise provided by law or agreed by the
					 parties.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-34 - Administrative Law Judges and Clerks

Current through Vol. 41, No. 20, July 1, 2024
(a)
Administrative Law Judge.
The Executive Director may designate an
				  Administrative Law Judge for any administrative hearing in accordance with 27A
				  O.S. §2 -3-103. Administrative Law Judges shall not have had prior
				  involvement in the matter other than as an Administrative Law Judge, unless the
				  parties waive this requirement.
(b)
Administrative Law Clerk.
The Executive Director may designate an
				  Administrative Law Clerk to maintain the administrative hearing dockets and
				  records, and perform such other duties as described in this Chapter or
				  incidental thereto.
(c)
Authority.
Administrative Law Judges have complete authority to
				  conduct individual proceedings and may take any action consistent with the APA
				  and the rules of this subchapter. Administrative Law Judges may:
(1) arrange and issue notice of the date,
				  time and place of hearings and conferences;
(2) establish the methods and procedures to
				  be used in the presentation of the evidence;
(3) hold conferences to settle, simplify,
				  determine, or strike any of the issues in a hearing, or to consider other
				  matters that may facilitate the expeditious disposition of the
				  hearing;
(4) administer oaths and
				  affirmations;
(5) regulate the
				  course of the hearing and govern the conduct of participants;
(6) examine witnesses;
(7) rule on, admit, exclude and limit
				  evidence, at or before hearings;
(8) establish the time for filing motions,
				  testimony, and other written evidence, briefs, findings, and other submissions,
				  and hold the record open for such purposes;
(9) rule on motions and pending
				  matters;
(10) divide the hearing
				  into stages or join claims of parties whenever the number of parties is large
				  or the issues are numerous and complex;
(11) restrict attendance by persons not
				  parties to the hearing in appropriate cases;
(12) admit attorneys from other jurisdictions
				  to practice law before the DEQ in accordance with Rules of the Oklahoma Bar
				  Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and administer
				  the oath required by 5 O.S. §
											2.
(13) require briefs on any relevant
				  issues;
(14) request proposed
				  findings of fact, conclusions of law and a proposed order from all parties;
				  and
(15) restrict testimony to the
				  facts alleged in an assessment order.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-35 - Service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Generally.
Service shall be
				  made in accordance with the Oklahoma Pleading Code, 12 O.S. §
										2001
et seq.
, and 27A O.S. § 2-3-502 unless otherwise allowed
				  by this section.
(b)
By the
				  DEQ.
Where the DEQ is serving notice, personal service may be made by a
				  person designated by the Executive Director for that purpose.
(c)
By certified mail.
Service
				  by certified mail shall be effective on the date of receipt or, if refused, on
				  the date of refusal by the Respondent.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-36 - Responsive pleading

Current through Vol. 41, No. 20, July 1, 2024
A Respondent may file, and the Administrative Law Judge may
					 direct a Respondent to file, a responsive pleading to the initiated
					 action.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-37 - Prehearing conferences

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Administrative Law Judge may schedule and conduct
				  prehearing conferences as necessary. The Administrative Law Clerk shall notify
				  the parties of the scheduling of a prehearing conference. The Administrative
				  Law Judge may hold a prehearing conference by telephone. On request, prehearing
				  conferences shall be on the record.
(b)
Subjects.
Prehearing
				  conferences may address:
(1) identification
				  and simplification of issues, including the elimination of frivolous claims or
				  defenses;
(2) amendments to the
				  pleadings;
(3) the plan and
				  schedule of discovery and limitations to be placed thereon;
(4) identification of admissions of fact to
				  avoid unnecessary proof and cumulative evidence;
(5) the identification of witnesses and
				  substance of testimony, exhibits, and documents;
(6) the use of prehearing briefs and prefiled
				  testimony in the form of sworn affidavits;
(7) settlement of all or some of the issues
				  before the hearing;
(8) adoption of
				  special procedures for managing potentially difficult or protracted actions
				  that may involve complex issues, multiple parties, novel or difficult legal
				  questions, or evidence problems;
(9) scheduling; and
(10) such other matters as may aid
				  disposition.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-38 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery shall be conducted in accordance with the
					 Oklahoma Discovery Code (12 O.S. §
										3224
et seq.
) unless otherwise ordered by the Administrative Law
					 Judge for good cause.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-39 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
Subpoenas for the
				  attendance of witnesses, the furnishing of information required by the
				  Administrative Law Judge and the production of evidence shall be issued in
				  accordance with the APA and the Oklahoma Pleading Code.
(b)
Failure to obey.
The
				  Executive Director may seek an appropriate judicial order to compel compliance
				  by persons who fail to obey a subpoena, who refuse to be sworn or make an
				  affirmation at a hearing, or who refuse to answer a proper question during a
				  hearing. The hearing may proceed despite any such refusal but the
				  Administrative Law Judge may, in his/her discretion at any time, continue the
				  proceedings as necessary to secure a court ruling.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-40 - Record

Current through Vol. 41, No. 20, July 1, 2024
(a)
To be made.
A record of the
				  hearing shall be made, which shall be a tape recording unless otherwise agreed
				  by the parties and the Administrative Law Judge. The recording will not be
				  transcribed as a matter of course. A transcript may be obtained by submitting a
				  written request to the Administrative Law Clerk and tendering payment in an
				  amount sufficient to pay the cost of having the recording
				  transcribed.
(b)
Court
				  reporter.
A party may request a court reporter. The requesting party
				  shall pay the costs, and the original transcript shall be filed in the case
				  file as part of the record in the case. Each person or party requesting copies
				  shall make arrangements with the reporter and pay the costs.
(c)
Maintained.
The record of a
				  proceeding and the file containing the notices and the pleadings will be
				  maintained by the Administrative Law Clerk. All pleadings, motions, orders and
				  other papers submitted for filing in a proceeding shall be date/file stamped by
				  the Administrative Law Clerk upon receipt. The burden of showing substantial
				  prejudice by any failure to correctly file-stamp any submittal shall be upon
				  the asserting party.
(d)
Contents.
The administrative record of all individual proceedings
				  shall contain documents required by the APA, 75 O.S. §
										309.
				  An individual proceeding on a proposed permit for a Tier III application shall
				  also include the following:
(1) the permit
				  application on file with the DEQ, as amended;
(2) all written comments received during the
				  public comment period;
(3) the tape
				  or transcript of the public meeting;
(4) documents resulting from the DEQ's review
				  of the permit application and public comments;
(5) the draft permit, fact sheet and response
				  to comments, if any, issued by the DEQ; and
(6) all published notices.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-41 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing.
All requests for
				  action in a matter already before the DEQ shall be made in a motion, signed by
				  the party or his/her attorney, and filed with the Administrative Law
				  Clerk.
(b)
Service.
Copies of motions shall be served on other parties in accordance with
				  252:4-9-35.
(c)
Response.
Within fifteen
				  (15) days after service of any written motion, any party to the proceedings may
				  file a response to the motion. The time for response may be extended or
				  shortened by the Administrative Law Judge for good cause shown.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-42 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
A motion for an extension or continuance shall state the
					 reasons for the request and specify the length of time requested. Unless made
					 before the Administrative Law Judge in open hearing, motions for extensions of
					 time or for a continuance of the hearing to another date or time shall be in
					 writing and filed with the Administrative Law Clerk. The Administrative Law
					 Judge shall promptly grant or deny such request at his/her discretion. If the
					 motion is denied, it may be renewed orally by the party at the
					 hearing.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-43 - Summary judgment

Current through Vol. 41, No. 20, July 1, 2024
The Administrative Law Judge may grant a motion for summary
					 judgment, subject to
					 252:4-9-46.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-44 - Default

Current through Vol. 41, No. 20, July 1, 2024
(a)
Generally.
Any Respondent
				  who fails to appear, after receipt of notice, may be determined to have waived
				  the right to appear and present a defense. A Final Order may be issued by the
				  Executive Director granting the relief requested by default.
(b)
Tier III application.
The
				  Executive Director may enter a default judgment against any party who fails to
				  participate in an administrative hearing on a proposed permit for a Tier III
				  application.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-45 - Withdrawal and dismissal

Current through Vol. 41, No. 20, July 1, 2024
Parties may withdraw from a case and cases may be dismissed
					 by the Administrative Law Judge in accordance with the Oklahoma Code of Civil
					 Procedure.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 3 - INDIVIDUAL PROCEEDINGS › Section 252:4-9-46 - Orders in administrative hearings

Current through Vol. 41, No. 20, July 1, 2024
Proposed and final orders in administrative hearings shall
					 be prepared and issued in accordance with the APA.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 5 - AIR QUALITY ADVISORY COUNCIL HEARINGS › Section 252:4-9-51 - In general

Current through Vol. 41, No. 20, July 1, 2024
The Air Quality Advisory Council is authorized to conduct
					 individual proceedings on requests for a variance from the Oklahoma Clean Air
					 Act, 27A O.S. §§ 2-5-101 through 2-5-118, or the Air Pollution
					 Control Rules, OAC 252:100.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 21 Ok Reg 1029, eff
					 6-1-04
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 5 - AIR QUALITY ADVISORY COUNCIL HEARINGS › Section 252:4-9-52 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
Individual proceedings before the Air Quality Advisory
					 Council will be conducted in accordance with the requirements in Part 3 of this
					 Subchapter. The Council may designate an Administrative Law Judge for
					 individual proceedings to be held before the Council.
Added at 18 Ok Reg
					 1922, eff 6-11-01; Amended at 21 Ok Reg 1029, eff
					 6-1-04
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 5 - AIR QUALITY ADVISORY COUNCIL HEARINGS › Section 252:4-9-53 - Variance

Current through Vol. 41, No. 20, July 1, 2024
It is within the discretion of the Air Quality Advisory
					 Council to decide whether or not an individual proceeding is necessary in
					 granting a variance.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 9 - Administrative Proceedings › Part 5 - AIR QUALITY ADVISORY COUNCIL HEARINGS › Section 252:4-9-54 - State implementation plan hearings

Current through Vol. 41, No. 20, July 1, 2024
A state implementation plan (SIP) hearing may be initiated
					 by an applicant for an alternative emissions reduction authorization under
					 252:100-11 by filing a request for a SIP hearing with the Administrative Law
					 Clerk. A request that the hearing be conducted by the Air Quality Advisory
					 Council must be included in the request for hearing. Additional requirements
					 for a SIP hearing request are contained in
					 252:100-11-6.
Added at 18 Ok Reg
					 1922, eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes procedures used to process
				  environmental complaints received from the public.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-2 - Receipt of complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Complaints may
				be made by any of the following:
(1) the
				toll-free hotline;
(2) mail,
				including electronic transmission;
(3) telephone to any DEQ telephone number;
				or
(4) in person at any office of
				the DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-3 - Investigation

Current through Vol. 41, No. 20, July 1, 2024
After receipt of a complaint, the DEQ may assign an
				  investigator to obtain any information which may tend to prove there has or has
				  not been a violation of the Code or rules, who the potentially responsible
				  persons are, and any other information which may be needed to resolve the
				  complaint.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-4 - Notification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Potential actions.
Within
				two (2) working days of receipt of a complaint, the DEQ shall notify the
				complainant of the potential actions which may occur to resolve the
				complaint.
(b)
Course of
				action.
Within seven (7) working days of the receipt of a complaint, the
				DEQ shall notify the complainant, in writing, of the action to be taken by the
				DEQ.
(c)
Final letter.
Within seven (7) working days of determining that there is no longer a DEQ
				violation, the DEQ shall notify the complainant in writing.
(d)
Enforcement.
Complainants
				shall be notified of enforcement actions taken in response to a complaint in
				accordance with 27A O.S. § 2-3-503.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-5 - Referral of complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
To
				appropriate agency.
If the DEQ receives a complaint for which DEQ has no
				authority and which clearly falls within the jurisdiction of another
				governmental entity, the complaint shall be referred to that governmental
				entity.
(b)
To
				mediation.
DEQ may notify a complainant and persons named in the
				complaint (Respondents), by mail, of the opportunity to mediate the complaint
				in accordance with 27A O.S. § 2-3-104.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 11 - Complaint Processing › Section 252:4-11-6 - False complaint

Current through Vol. 41, No. 20, July 1, 2024
When the DEQ has a reasonable suspicion that a complainant
				  has filed a false complaint, the Executive Director may refer all investigation
				  materials, including but not limited to, reports, notes, initial data
				  collection forms and letters to the District Attorney's office in the area
				  where the complainant resides.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-1 - Authority and eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
This subchapter is adopted pursuant to 75 O.S. §
									302,
				27A O.S. § 2-2-101, 47 O.S. § 1104.2 and Executive Order
				98-37.
(b)
Eligibility.
Oklahoma teachers and youth group leaders are
				eligible to apply for environmental education grants provided by the
				DEQ.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-2 - Amount of grants

Current through Vol. 41, No. 20, July 1, 2024
The DEQ will award the following amounts to successful
				  applicants:
(1) Up to and including $
				200.00 for field trips;
(2) Up to
				and including $ 500.00 for environmental education projects; and
(3) Up to and including $1000.00 for outdoor
				classrooms.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-3 - Criteria

Current through Vol. 41, No. 20, July 1, 2024
The following will be considered by the DEQ in determining
				  grant awards:
(1) Project proposed,
				including how the project accomplishes the following factors:
(A) Promotes enthusiasm to learn more about
				the environment;
(B) Fits in the
				school curriculum or youth group program;
(C) Involves community partnerships and/or
				outreach, if applicable.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-4 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Complete application.
A
				complete application consists of a cover page, a letter of commitment, a
				summary of the project, a projected timeline, a proposed budget and a procedure
				for evaluation of the project.
(b)
Attachments.
Photographs, clippings, diagrams and other graphic
				materials, not to exceed five (5) pages double sided, may be attached to the
				application.
(c)
Document
				submission.
An original and two (2) copies, double sided, of the
				application and attachments must be submitted to the DEQ, date-stamped or
				postmarked on or before the published deadline. The DEQ will not accept
				applications submitted by telecopy/facsimile or e-mail.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-5 - Cover page

Current through Vol. 41, No. 20, July 1, 2024
The cover page must include the following information:
(1) Title of the project;
(2) Name of contact person, position held and
				relationship to project;
(3) Name
				of school or youth group organization;
(4) Grade level(s) and number of youth
				targeted;
(5) Federal Employer
				Identification number (tax ID#);
(6) Street address;
(7) Mailing address, if different from street
				address;
(8) E-mail address, if
				any;
(9) Daytime and evening
				telephone numbers; and
(10)
				Telecopy/facsimile number, if any.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-6 - Letter of commitment

Current through Vol. 41, No. 20, July 1, 2024
The grant application must be accompanied by a letter from
				  the applicant's principal or supervisor stating the organization's support for
				  the performance of the grant objectives.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-7 - Summary of project

Current through Vol. 41, No. 20, July 1, 2024
The applicant must submit a project summary, with a maximum
				  length of one page, double sided. The project summary shall include the
				  following:
(1)
Synopsis.
Provide one paragraph summarizing the project;
(2)
Description.
Give a clear
				concise description of the proposed project, indicating how the project
				promotes enthusiasm to learn more about the environment, fits in the school
				curriculum or youth group program and involves community partnerships and/or
				outreach, if applicable;
(3)
Goals and objectives.
Clearly define realistic goals and
				objectives. Include information outlining where these goals address specific
				needs.
(4)
Implementation.
Describe how the project will be implemented and
				whether it emphasizes a hands-on learning approach. Include the project's
				potential for broad implementation.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-8 - Timeline

Current through Vol. 41, No. 20, July 1, 2024
The applicant must present target dates for project
				  objectives.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-9 - Budget

Current through Vol. 41, No. 20, July 1, 2024
The applicant must provide an itemized budget with specific
				  project expenditures of grant funds.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-10 - Evaluation procedure

Current through Vol. 41, No. 20, July 1, 2024
The applicant must provide a description of the methods to be
				  used to measure project effectiveness, including how the evaluation method will
				  improve the project's strength. The applicant must indicate in the evaluation
				  method how the project will be continued after grant funds are
				  expended.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-11 - Final written report

Current through Vol. 41, No. 20, July 1, 2024
Applicants who are awarded environmental education grants
				  under this subchapter shall submit a final written report, outlining
				  accomplishments of the grant objectives and expenditures on or before December
				  15 following the award.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 13 - Environmental Education Grants › Section 252:4-13-12 - Shared strategies

Current through Vol. 41, No. 20, July 1, 2024
Strategies from applicants who are awarded environmental
				  education grants under this subchapter will become the property of the
				  Environmental Quality Education Committee and may be shared with other
				  interested environmental educators.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 15 - Local Project Funding › Section 252:4-15-1 - Purpose, authority and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				Subchapter is to implement Executive Order 98-37, mandating state agencies to
				establish criteria for local project funding contracts.
(b)
Authority.
This subchapter
				is adopted pursuant to 75 O.S. §
									302,
				27A O.S. § 2-2-101 and Executive Order 98-37.
(c)
Applicability.
The rules in
				this Subchapter apply to any private entity, political subdivision, and unit of
				local government, including municipal and county governments and school
				districts.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 15 - Local Project Funding › Section 252:4-15-2 - Criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The DEQ will consider the following
				criteria in determining funding priorities for local projects:
(1) Criteria established by relevant
				statutory authority; and
(2)
				Criteria established by rules adopted for the specific Division pursuant to
				relevant statutory authority.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 15 - Local Project Funding › Section 252:4-15-3 - Proposals

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant must submit a proposal in
				accordance with the rules implementing the statutory program and/or forms
				provided by the DEQ.
(b) Proposals
				must demonstrate that the proposed project will implement and be consistent
				with relevant statutes and rules of the specific program area.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 15 - Local Project Funding › Section 252:4-15-4 - Funding

Current through Vol. 41, No. 20, July 1, 2024
Within the priority criteria, funds shall be granted on a
				  first-come first-served basis until funds are depleted.
Added at 18 Ok Reg 1922,
				  eff 6-11-01
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 17 - Electronic Reporting › Section 252:4-17-1 - Purpose, authority and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The rules in this
				Subchapter implement the United States Environmental Protection Agency's Cross
				Media Electronic Reporting Rule (CROMERR), as published in the October 13, 2005
				issue of the
Federal Register
(70 FR 59848 - 59889), and which
				became effective January 11, 2006.
(b)
Authority.
The rules in this
				Subchapter were promulgated and adopted under the authority of the Oklahoma
				Environmental Quality Code, 27A O.S. §§ 2-1-101
et
				seq
., including specifically § 2-2-101(H); the Oklahoma
				Administrative Procedures Act, 75 O.S. §
									302;
				and the Oklahoma Uniform Electronic Transactions Act, 12A O.S. §§
				15-101
et seq
.
(c)
Applicability.
The rules in this Subchapter:
(1) apply to:
(A) persons and signatories who submit
				electronic reports or other documents to the DEQ to satisfy requirements of
				Title 40 of the Code of Federal Regulations (40 CFR) for authorized programs
				for which the Executive Director has designated on the DEQ's public website
				that the DEQ is accepting specified electronic documents; and
(B) the DEQ's electronic document receiving
				system and other software applications implemented, revised, or modified as
				communicated by the DEQ.