Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 4 - Rules of Practice and Procedure › Subchapter 1 - General Provisions › Section 252:4-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Administratively complete"
means an application
				  that contains the information specified in the application form and rules in
				  sufficient detail to allow the DEQ to begin technical review.
"Administrative hearing"
is defined at 27A O.S.
				  §2-1-102 and is synonymous with "individual proceeding" as that term is
				  defined in the Administrative Procedures Act, 75 O.S. §
									250.1
et seq.
"Administrative Law Judge"
is synonymous with
				  "hearing examiner" as that term is defined in the Administrative Procedures
				  Act.
"Advisory Councils or Council"
means any of the
				  following Councils: the Air Quality Advisory Council, the Hazardous Waste
				  Management Advisory Council, the Radiation Management Advisory Council, the
				  Solid Waste Management Advisory Council, and the Water Quality Management
				  Advisory Council.
"APA"
means the Oklahoma Administrative
				  Procedures Act, 75 O.S. §
									250.1
et seq.
"Application"
means
"a document or set
				  of documents, filed with the [DEQ], for the purpose of receiving a permit or
				  the modification, amendment or renewal thereof from the [DEQ]... any subsequent
				  additions, revisions or modifications submitted to the [DEQ] which supplement,
				  correct or amend a pending application."
[27A O.S. §
				  2-14-103(1)]
"Board"
means the Environmental Quality
				  Board.
"Code"
means the Oklahoma Environmental Quality
				  Code, 27A O.S. § 2-1-101
et seq.
"Complaint"
means any written or oral
				  information submitted to DEQ alleging site-specific environmental pollution
				  except information gained from facility inspections, or self-reported
				  incidents.
"Department or DEQ"
means the Department of
				  Environmental Quality.
"Enforcement action"
means:
(A) a written communication from the DEQ to an alleged
				  violator that identifies the alleged violations and directs or orders that the
				  violations be corrected and/or their effect remedied;
(B) an administrative action to revoke or suspend a permit or
				  license;
(C) a consent order or proposed consent order;
(D) a civil petition, a complaint in municipal court, or a
				  complaint in federal district court;
(E) a referral by the DEQ to the Oklahoma Attorney General's
				  office, a state District Attorney's office, a U.S. Attorney's office, or a
				  state or federal law enforcement agency for investigation.
"Executive Director"
means the Executive
				  Director of the Department of Environmental Quality.
"False complaint"
means any written or oral
				  information submitted to DEQ alleging site-specific environmental pollution by
				  a person who knowingly and willfully gives false information or misrepresents
				  material information.
"Individual proceeding"
is defined in the APA
				  [75 O.S. §
									250.3(7)
				  ]. It includes an administrative evidentiary hearing to resolve issues of law
				  or fact between parties, resulting in an order.
"Mediation"
means a voluntary negotiating
				  process in which parties to a dispute agree to use a mediator to assist them in
				  jointly exploring and settling their differences, with a goal of resolving
				  their differences by a formal agreement created by the parties.
"Notice of deficiencies"
means a written notice
				  to an applicant, describing with reasonable specificity the deficiencies in a
				  permit application and requesting supplemental information.
"Off-site"
, as used in hazardous waste, solid
				  waste and Underground Injection Control (UIC) tier classifications, means a
				  facility which receives waste from various sources for treatment, storage,
				  processing, or disposal.
"On-site"
, as used in hazardous waste, solid
				  waste and UIC tier classifications, means a facility owned and operated by an
				  industry for the treatment, storage, processing, or disposal of its own waste
				  exclusively.
"Program"
means a regulatory section or division
				  of the DEQ.
"Respondent"
means a person or legal entity
				  against whom relief is sought.
"Submittal"
means a document or group of
				  documents provided as part of an application.
"Supplement"
means a response to a request for
				  additional information following completeness and technical reviews, and
				  information submitted voluntarily by the applicant.
"Technical review"
means the evaluation of an
				  application for compliance with applicable program rules.
Added at 18 Ok Reg 1922,
				  eff 6-11-01