US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 27A.

ENVIRONMENT AND NATURAL RESOURCES

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§27A-1.  Renumbered as § 1-1-101 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-1-1-101.  Short title.

Chapter 1 of this title shall be known and may be cited as the "Oklahoma Environmental Quality Act".

Added by Laws 1992, c. 398, § 1, emerg. eff. June 12, 1992.  Amended by Laws 1993, c. 145, § 1, eff. July 1, 1993.  Renumbered from § 1 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-1-1-102.  Purpose of act.

The purpose of the Oklahoma Environmental Quality Act is to provide for the administration of environmental functions which will:

1.  Provide that environmental regulatory concerns of industry and the public shall be addressed in an expedient manner;

2.  Improve the manner in which citizen complaints are tracked and resolved;

3.  Better utilize state financial resources for environmental regulatory services; and

4.  Coordinate environmental activities of state environmental agencies.

Added by Laws 1992, c. 398, § 2, emerg. eff. June 12, 1992.  Amended by Laws 1993, c. 145, § 2, eff. July 1, 1993.  Renumbered from § 2 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-1-1-201.  Definitions.

As used in the Oklahoma Environmental Quality Act:

1.  "Clean Water Act" means the federal Water Pollution Control Act, 33 U.S.C., Section 1251 et seq., as amended;

2.  "Discharge" includes but is not limited to a discharge of a pollutant, and means any addition of any pollutant to waters of the state from any point source;

3.  "Environment" includes the air, land, wildlife, and waters of the state;

4.  "Federal Safe Drinking Water Act" means the federal law at 42 U.S.C., Section 300 et seq., as amended;

5.  "Groundwater protection agencies" include the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Department of Environmental Quality,

e. Conservation Commission, and

f. Department of Mines;

6.  "Nonpoint source" means the contamination of the environment with a pollutant for which the specific point of origin may not be well defined and includes but is not limited to agricultural storm water runoff and return flows from irrigated agriculture;

7.  "N.P.D.E.S." or "National Pollutant Discharge Elimination System" means the system for the issuance of permits under the Federal Water Pollution Control Act, 33 U.S.C., Section 1251 et seq., as amended;

8.  "Point source" means any discernible, confined and discrete conveyance or outlet including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure container, rolling stock or vessel or other floating craft from which pollutants are or may be discharged into waters of the state.  The term "point source" shall not include agricultural storm water runoff and return flows from irrigated agriculture;

9.  "Pollutant" includes but is not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agribusiness waste;

10.  "Pollution" means the presence in the environment of any substance, contaminant or pollutant, or any other alteration of the physical, chemical or biological properties of the environment or the release of any liquid, gaseous or solid substance into the environment in quantities which are or will likely create a nuisance or which render or will likely render the environment harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life, or to property;

11.  "Source" means any and all points of origin of any wastes, pollutants or contaminants whether publicly or privately owned or operated;

12.  "State agencies with limited environmental responsibilities" means:

a. the Department of Public Safety,

b. the Department of Labor, and

c. the Department of Civil Emergency Management;

13.  "State environmental agency" includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines, and

g. Department of Environmental Quality;

14.  "Storm water" means rain water runoff, snow melt runoff, and surface runoff and drainage;

15.  "Total maximum daily load" means the sum of individual wasteload allocations (W.L.A.) for point sources, safety, reserves, and loads from nonpoint sources and natural backgrounds;

16.  "Waste" means any liquid, gaseous or solid or semi-solid substance, or thermal component, whether domestic, municipal, commercial, agricultural or industrial in origin, which may pollute or contaminate or tend to pollute or contaminate, any air, land or waters of the state;

17.  "Wastewater" includes any substance, including sewage, that contains any discharge from the bodies of human beings or animals, or pollutants or contaminating chemicals or other contaminating wastes from domestic, municipal, commercial, industrial, agricultural, manufacturing or other forms of industry;  

18.  "Wastewater treatment" means any method, technique or process used to remove pollutants from wastewater or sludge to the extent that the wastewater or sludge may be reused, discharged into waters of the state or otherwise disposed and includes, but is not limited to, the utilization of mechanized works, surface impoundments and lagoons, aeration, evaporation, best management practices (BMPs), buffer strips, crop removal or trapping, constructed wetlands, digesters or other devices or methods.  "Treatment" also means any method, technique or process used in the purification of drinking water;

19.  "Wastewater treatment system" means treatment works and all related pipelines or conduits, pumping stations and force mains, and all other appurtenances and devices used for collecting, treating, conducting or discharging wastewater;

20.  "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof.  Provided, waste treatment systems, including treatment ponds or lagoons designed to meet federal and state requirements other than cooling ponds as defined in the Clean Water Act or rules promulgated thereto and prior converted cropland are not waters of the state; and

21.  "Wellhead protection area" means the surface and subsurface area surrounding a water well or wellfield supplying a public water system that defines the extent of the area from which water is supplied to such water well or wellfield.

Added by Laws 1993, c. 145, § 3, eff. July 1, 1993.  Amended by Laws 1999, c. 413, § 1, eff. Nov. 1, 1999; Laws 2003, c. 118, § 1, emerg. eff. April 22, 2003.

§27A-1-1-202.  State environmental agencies - Powers, duties and responsibilities.

A.  Each state environmental agency shall:

1.  Be responsible for fully implementing and enforcing the laws and rules within its jurisdictional areas of environmental responsibility;

2.  Utilize and enforce the Oklahoma Water Quality Standards established by the Oklahoma Water Resources Board;

3.  Seek to strengthen relationships between state, regional, local and federal environmental planning, development and management programs;

4.  Specifically facilitate cooperation across jurisdictional lines of authority with other state environmental agencies regarding programs to resolve environmental concerns;

5.  Cooperate with all state environmental agencies, other state agencies and local or federal governmental entities to protect, foster, and promote the general welfare, and the environment and natural resources of this state;

6.  Have the authority to engage in environmental and natural resource information dissemination and education activities within their respective areas of environmental jurisdiction; and

7.  Participate in every hearing conducted by the Oklahoma Water Resources Board for the consideration, adoption or amendment of the classification of waters of the state and standards of purity and quality thereof, and shall have the opportunity to present written comment to the members of the Oklahoma Water Resources Board at the same time staff recommendations are submitted to those members for Board review and consideration.

B.  1.  In addition to the requirements of subsection A of this section, each state environmental agency shall have promulgated by July 1, 2001, a Water Quality Standards Implementation Plan for its jurisdictional areas of environmental responsibility in compliance with the Administrative Procedures Act and pursuant to the provisions of this section.  Each agency shall review its plan at least every three (3) years thereafter to determine whether revisions to the plan are necessary.

2.  Upon the request of any state environmental agency, the Oklahoma Water Resources Board shall provide consulting assistance to such agency in developing a Water Quality Standards Implementation Plan as required by this subsection.

3.  Each Water Quality Standards Implementation Plan shall:

a. describe, generally, the processes, procedures and methodologies the state environmental agency will utilize to ensure that programs within its jurisdictional areas of environmental responsibility will comply with anti-degradation standards and lead to:

(1) maintenance of water quality where beneficial uses are supported,

(2) removal of threats to water quality where beneficial uses are in danger of not being supported, and

(3) restoration of water quality where beneficial uses are not being supported,

b. include the procedures to be utilized in the application of use support assessment protocols to make impairment determinations,

c. list and describe programs affecting water quality,

d. include technical information and procedures to be utilized in implementing the Water Quality Standards Implementation Plan,

e. describe the method by which the Water Quality Standards Implementation Plan will be integrated into the water quality management activities within the jurisdictional areas of environmental responsibility of the state environmental agency,

f. detail the manner in which the agency will comply with mandated statewide requirements affecting water quality developed by other state environmental agencies including, but not limited to, total maximum daily load development, water discharge permit activities and nonpoint source pollution prevention programs,

g. include a brief summary of the written comments and testimony received pursuant to all public meetings held or sponsored by the state environmental agency for the purpose of providing the public and other state environmental agencies an opportunity to comment on the plan, and

h. describe objective methods and means to evaluate the effectiveness of activities conducted pursuant to the Water Quality Standards Implementation Plan to achieve Water Quality Standards.

C.  1.  There is hereby created a State Water Quality Standards Implementation Advisory Committee.  The Committee shall consist of a designated representative of each of the state environmental agencies and the Secretary of the Environment.  The Water Resources Board representative shall serve as chair of the Committee.

2.  Prior to the publication of the notice of rulemaking intent for a Water Quality Standards Implementation Plan or amendment thereof, the environmental agency developing the plan shall submit the draft plan to the Water Quality Standards Implementation Advisory Committee for review.  The Committee shall evaluate the extent to which the agency's Water Quality Standards Implementation Plan meets the requirements set out in this section and, to the extent necessary to achieve compliance with these requirements, shall provide detailed, written recommendations of provisions which should be incorporated into the agency's plan.  A copy of such written recommendations shall also be submitted to the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

D.  1.  Each state environmental agency with groundwater protection authority pursuant to Article III of the Oklahoma Environmental Quality Act shall be the groundwater protection agency for activities within its jurisdictional areas of environmental responsibility.

2.  The Department of Environmental Quality shall cooperate with other state environmental agencies, as appropriate and necessary, in the protection of such unassigned activities.

3.  Groundwater regulatory agencies shall develop groundwater protection practices to prevent groundwater contamination from activities within their respective jurisdictional areas of environmental responsibility.

4.  Each groundwater protection agency shall promulgate such rules, and issue such permits, policies, directives or any other appropriate requirements, as necessary, to implement the requirements of this subsection.

5.  Groundwater protection agencies shall take such action as may be necessary to assure that activities within their respective jurisdictional areas of environmental responsibility protect groundwater quality to support the uses of the state's water quality.

6.  In addition, each groundwater protection agency with enforcement authority is hereby authorized to:

a. engage the voluntary cooperation of all persons in the maintenance and protection of groundwater, and to advise, consult and cooperate with all persons, all agencies of the state, universities and colleges, the federal government or other states, and with interstate agencies in the furtherance of the purposes of this subsection, and to this end and for the purposes of studies, scientific or other investigations, research, experiments and demonstrations pertaining thereto, receive and spend funds as appropriated by the Legislature, and from such agencies and other officers and persons on behalf of the state,

b. encourage the formulation and execution of plans to maintain and protect groundwater by cooperative groups or associations of municipal corporations, industries, industrial users and other users of groundwaters of the state, who, jointly or severally, are or may be impacting on the maintenance and protection of groundwater,

c. encourage, participate in or conduct or cause to be conducted studies, scientific or other investigations, research, experiments and demonstrations relating to the maintenance and protection of groundwater, and to collect data with respect thereto, all as may be deemed advisable and necessary to carry out the purposes of this subsection, and to make reports and recommendations with respect thereto,

d. conduct groundwater sampling, data collection, analyses and evaluations with sufficient frequency to ascertain the characteristics and quality of groundwater and the sufficiency of the groundwater protection programs established pursuant to this subsection, and

e. develop a public education and promotion program to aid and assist in publicizing the need of, and securing support for, the maintenance and protection of groundwater.

E.  Each state environmental agency and each state agency with limited environmental responsibilities shall participate in the information management system developed by the Department of Environmental Quality, pursuant to Section 6 of this act, with such information as the Department shall reasonably request.

F.  In each even-numbered year, in cooperation with other state environmental agencies participating in the monitoring of water resources, the Oklahoma Water Resources Board shall provide a report on the status of water quality monitoring to the Legislature for review.

Added by Laws 1993, c. 145, § 4, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 1, eff. July 1, 1993; Laws 1999, c. 413, § 2, eff. Nov. 1, 1999.

§27A-1-1-203.  State environmental agencies - Establishment of rules for issuance or denial of permits or licenses and complaint resolution.

A.  Each state environmental agency and each state agency with limited environmental responsibilities, within its areas of environmental jurisdiction, shall promulgate, by rule, time periods for issuance or denial of permits and licenses that are required by law.  Any such matter requiring an individual proceeding shall be resolved in accordance with the rules of the agency and any applicable statutes.  The rules shall provide that such time periods shall only be extended by agreement with the licensee or permittee or if circumstances outside the agency's control prevent that agency from meeting its time periods.  If the agency fails to issue or deny a permit or license within the required time periods because of circumstances outside of the agency's control, the agency shall state in writing the reasons such licensing or permitting is not ready for issuance or denial.

B.  1.  Each state environmental agency and each state agency with limited environmental responsibilities shall promulgate rules establishing time periods for complaint resolution as required by law.

2.  Complaints received by any state environmental agency or state agency with limited environmental responsibilities concerning a site or facility permitted by or which clearly falls within the jurisdiction of another state environmental agency or state agency with limited environmental responsibilities shall be immediately referred to the appropriate agency for investigation and resolution.  Such investigation shall be made by the appropriate division and employees of the appropriate agency.

C.  Any person, as defined in Section 2-1-102 of this title, who performs environmental investigation or remediation work which is regulated by the Corporation Commission, must first receive a license for performing investigative or remediation work from the Corporation Commission.

Added by Laws 1992, c. 398, § 11, emerg. eff. June 12, 1992.  Amended by Laws 1993, c. 145, § 5, eff. July 1, 1993.  Renumbered from § 11 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993; Laws 1999, c. 413, § 15, eff. Nov. 1, 1999; Laws 2005, c. 435, § 27, eff. Nov. 1, 2005.

§27A-1-1-204.  State environmental agencies - Complaint investigation and response process - Rules - False complaints.

A.  Each state environmental agency and each state agency with limited environmental responsibilities shall develop, implement and utilize a complaint investigation and response process that will ensure all state environmental agencies with authority to investigate, mitigate and resolve complaints, respond to complaints in a timely manner by initiating appropriate action and informing the complainant regarding potential actions that may occur.  Complainants shall also be notified, in writing:

1.  Of the resolution of the complaint; and

2.  Of the complainant's options for further resolution of the complaint if such complainant objects or disagrees with the actions or decision of the agency.

B.  Rules to implement such system shall be promulgated by each state environmental agency.

C.  1.  It shall be unlawful for any person to knowingly and willfully file a false complaint with a state environmental agency or to knowingly and willfully misrepresent material information to a state environmental agency or a state agency with limited environmental responsibilities relating to a complaint.

2.  Any person filing such false complaint or misrepresenting such material information shall be deemed guilty of a misdemeanor and may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment in the county jail for a term of not more than sixty (60) days or both such fine and imprisonment.

Added by Laws 1992, c. 398, § 5, emerg. eff. June 12, 1992.  Amended by Laws 1993, c. 145, § 6, eff. July 1, 1993.  Renumbered from § 5 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1996, c. 158, § 1, eff. Nov. 1, 1996; Laws 1999, c. 413, § 16, eff. Nov. 1, 1999.

§27A-1-1-205.  State environmental agencies - Transferred and assigned programs and functions - Unexpired or unrevoked licenses, permits, certifications or registrations - Existing rights, obligations and remedies - Existing orders, claims or causes of action.

A.  With regard to all programs and functions transferred and assigned among the state environmental agencies pursuant to Section 1-3-101 of this title, all agency rules, including fee schedules for state and county, relating to such programs and functions are hereby transferred to the receiving agency for the purpose of maintaining and operating such programs and functions.  Such rules shall remain in effect only until June 30, 1994, at which time such transferred rules will terminate unless earlier superseded by rules promulgated by the receiving agency.  By February 1, 1994, each agency receiving programs or functions shall have adopted new permanent rules to implement the programs and functions within the jurisdiction of the agency pursuant to Section 1-3-101 of this title.

B.  Unexpired or unrevoked licenses, permits, certifications or registrations issued prior to July 1, 1993, shall remain valid for stated terms and conditions until otherwise provided by law.  Such licenses, permits or registrations shall be subject to the laws and rules of the state agency to which jurisdiction over such licenses, permits or registrations are transferred pursuant to the Oklahoma Environmental Quality Act.

C.  All rights, obligations and remedies arising out of laws, rules, agreements and causes of action are also transferred to such agency.

D.  Nothing in the Oklahoma Environmental Quality Act shall operate to bar or negate any existing order, claim or cause of action transferred or available to any state environmental agency or its respective predecessor, nor shall it operate to affect enforcement action undertaken by any program, division or service prior to such transfer to any state environmental agency.  Violations of provisions of law now contained in this title, and violations of rules, permits or final orders which occurred prior to the transfer of jurisdiction and authority to any state environmental agency shall be subject to penalties available and existing at the time of violation.

E.  Any application pending on June 30, 1993, before the Oklahoma Water Resources Board or the State Department of Health for a permit or license over which the Department has jurisdiction is hereby transferred to the Department and shall be subject to the Oklahoma Environmental Quality Code.

F.  All permit applications filed with the Oklahoma Water Resources Board on or before June 30, 1993, for which no permit has been issued by the Oklahoma Water Resources Board for the land application of industrial waste, sludge or wastewater shall be subject to the requirements of this Code.

Added by Laws 1992, c. 398, § 12, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 9, eff. July 1, 1993.  Renumbered from § 12 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 8, eff. July 1, 1993.

§27A-1-1-206.  Economic impact and environmental benefit statements.

A.  Each state environmental agency in promulgation of permanent rules within its areas of environmental jurisdiction, prior to the submittal to public comment and review of any rule that is more stringent than corresponding federal requirements, unless such stringency is specifically authorized by state statute, shall duly determine the economic impact and the environmental benefit of such rule on the people of the State of Oklahoma including those entities that will be subject to the rule.  Such determination shall be in written form.

B.  Such economic impact and environmental benefit statement of a proposed permanent rule shall be issued prior to or within fifteen (15) days after the date of publication of the notice of the proposed permanent rule adoption.  The statement may be modified after any hearing or comment period afforded pursuant to Article I of the Administrative Procedures Act.

C.  The economic impact and environmental benefit statement shall be submitted to the Governor pursuant to Section 303.1 of Title 75 of the Oklahoma Statutes and to the Legislature pursuant to Section 308 of Title 75 of the Oklahoma Statutes.  Such reports submitted to the Governor and to the Legislature shall include a brief summary of any public comments made concerning the statement and any response by the agency to the public comments demonstrating a reasoned evaluation of the relative impacts and benefits of the more stringent regulation.

Added by Laws 1994, c. 96, § 1, eff. Sept. 1, 1994.

§27A-1-2-101.  Secretary of Environment or successor cabinet position - Powers, duties and responsibilities.

A.  The Secretary of Environment or successor cabinet position having authority over the Department of Environmental Quality shall have the following jurisdictional areas of environmental responsibility:

1.  Powers and duties for environmental areas designated to such position by the Governor;

2.  The recipient of federal funds disbursed pursuant to the Federal Water Pollution Control Act, provided the Oklahoma Water Resources Board is authorized to be the recipient of federal funds to administer the State Revolving Fund Program.  The federal funds received by the Secretary of Environment shall be disbursed to each state environmental agency and state agency with limited environmental responsibilities based upon its statutory duties and responsibilities relating to environmental areas as determined by the Secretary of Environment in consultation with the Secretary of Agriculture.  Such funds shall be distributed to the appropriate state environmental agency or state agency with limited environmental responsibilities within thirty (30) days of its receipt by the Secretary or as otherwise provided by grant or contract terms without any assessment of administrative fees or costs.  Disbursement of other federal environmental funds shall not be subject to this section.  The Secretary of Environment shall make an annual written report no later than November 1 to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chair of each environmental committee of both the House of Representatives and Senate detailing the disbursement of federal funds;

3.  Coordinate pollution control and complaint management activities of the state carried on by all state agencies to avoid duplication of effort including but not limited to the development of a common data base for water quality information with a uniform format for use by all state agencies and the public; and

4.  Act on behalf of the public as trustee for natural resources under the federal Oil Pollution Act of 1990, the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the federal Water Pollution Control Act and any other federal laws providing that a trustee for the natural resources is to be designated.  The Secretary is authorized to make claims against federal funds, receive federal payments, establish and manage a revolving fund in relation to duties as the natural resources trustee consistent with the federal enabling acts and to coordinate, monitor and gather information from and enter into agreements with the appropriate state environmental agencies or state agencies with limited environmental responsibilities in carrying out the duties and functions of the trustee for the natural resources of this state.

B.  1.  The Secretary of the Environment or successor cabinet position having authority over the Department of Environmental Quality shall develop and implement, by January 1, 2000, public participation procedures for the development and/or modification of:

a. the federally required list of impaired waters (303(d) report),

b. the federally required water quality assessment (305(b) report),

c. the federally required nonpoint source state assessment (319 report), and

d. the continuing planning process document.

2.  The procedures shall provide for the documents to be submitted for formal public review with a published notice consistent with the Administrative Procedures Act, providing for a thirty-day comment period and the preparation of a responsiveness summary by the applicable state environmental agency.

3.  Information from current research shall be considered when made available to the agency.

Added by Laws 1993, c. 145, § 10, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 3, emerg. eff. June 7, 1993; Laws 1999, c. 413, § 3, eff. Nov. 1, 1999; Laws 2003, c. 381, § 1, eff. July 1, 2003; Laws 2004, c. 381, § 2, emerg. eff. June 3, 2004.

§27A-1-2-102.  Coordination of monitoring of lakes - Identification of eutrophic lakes - Discharge of wastewater into eutrophic lake - Penalties - Order of suspension and forfeiture.

A.  The Office of the Secretary of the Environment shall coordinate monitoring lakes in the State of Oklahoma and identify those lakes which it determines to be eutrophic as defined by Oklahoma's Water Quality Standards.

B.  No person may discharge wastewaters from a point source within or outside of this state which will foreseeably enter a lake in this state which has been identified as eutrophic by the Oklahoma's Water Quality Standards without subjecting such wastewaters to the best available technology as identified in the federal Clean Water Act for nitrogen and phosphorous.  The Office of the Secretary of the Environment shall coordinate the monitoring of all lakes it identifies as eutrophic and notify by certified mail any person who discharges wastewater which enters such lakes in violation of this section of the provisions of this section and shall order such person to immediately cease and desist from any further violation of this section.

C.  Any person who violates the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by a penalty of not more than One Hundred Dollars ($100.00) per day for each day on which a violation occurs.  The Attorney General is authorized to prosecute violations of this section.  Venue and jurisdiction shall be proper in a county which contains all or part of a eutrophic lake which is the subject of a discharge in violation of this section.

D.  1.  In addition to the penalty provided in subsection C of this section if a person continues to violate subsection B of this section after having received notification from the Secretary of the Environment to cease and desist, such person shall be guilty of a misdemeanor punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) per day.

2.  If the owner of a facility which discharges wastewater in violation of this subsection is a corporation authorized to do business in this state, the court may enter an order directing the suspension of any authorization to do business in this state and of the charter or other instrument of organization, under which the corporation may be organized and the forfeiture of all corporate or other rights inuring thereunder.  The order of suspension and forfeiture shall have the same effect on the rights, privileges and liabilities of the corporation and its officers and directors as a suspension and forfeiture ordered pursuant to Section 1212 of Title 68 of the Oklahoma Statutes for failure to pay franchise tax.  Additionally, all officers and directors of a corporation found to be in violation of this subsection shall be personally liable for any fine imposed pursuant to this subsection.

Added by Laws 1998, c. 232, § 25, eff. July 1, 1998.

§27A-1-3-101.  State environmental agencies - Jurisdictional areas of environmental responsibilities.

A.  The provisions of this section specify the jurisdictional areas of responsibility for each state environmental agency and state agencies with limited environmental responsibility.  The jurisdictional areas of environmental responsibility specified in this section shall be in addition to those otherwise provided by law and assigned to the specific state environmental agency; provided that any rule, interagency agreement or executive order enacted or entered into prior to the effective date of this section which conflicts with the assignment of jurisdictional environmental responsibilities specified by this section is hereby superseded.  The provisions of this subsection shall not nullify any financial obligation arising from services rendered pursuant to any interagency agreement or executive order entered into prior to July 1, 1993, nor nullify any obligations or agreements with private persons or parties entered into with any state environmental agency before July 1, 1993.

B.  Department of Environmental Quality.  The Department of Environmental Quality shall have the following jurisdictional areas of environmental responsibility:

1.  All point source discharges of pollutants and storm water to waters of the state which originate from municipal, industrial, commercial, mining, transportation and utilities, construction, trade, real estate and finance, services, public administration, manufacturing and other sources, facilities and activities, except as provided in subsections D and E of this section;

2.  All nonpoint source discharges and pollution except as provided in subsections D, E and F of this section;

3.  Technical lead agency for point source, nonpoint source and storm water pollution control programs funded under Section 106 of the federal Clean Water Act, for areas within the Department's jurisdiction as provided in this subsection;

4.  Surface water and groundwater quality and protection and water quality certifications;

5.  Waterworks and wastewater works operator certification;

6.  Public and private water supplies;

7.  Underground injection control pursuant to the federal Safe Drinking Water Act and 40 CFR Parts 144 through 148, except for Class II injection wells, Class V injection wells utilized in the remediation of groundwater associated with underground or aboveground storage tanks regulated by the Corporation Commission, and those wells used for the recovery, injection or disposal of mineral brines as defined in the Oklahoma Brine Development Act regulated by the Commission;

8.  Air quality under the federal Clean Air Act and applicable state law, except for indoor air quality and asbestos as regulated for worker safety by the federal Occupational Safety and Health Act and by Chapter 11 of Title 40 of the Oklahoma Statutes;

9.  Hazardous waste and solid waste, including industrial, commercial and municipal waste;

10.  Superfund responsibilities of the state under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and amendments thereto, except the planning requirements of Title III of the Superfund Amendment and Reauthorization Act of 1986;

11.  Radioactive waste and all regulatory activities for the use of atomic energy and sources of radiation except for the use of sources of radiation by diagnostic x-ray facilities;

12.  Water, waste, and wastewater treatment systems including, but not limited to, septic tanks or other public or private waste disposal systems;

13.  Emergency response as specified by law;

14.  Environmental laboratory services and laboratory certification;

15.  Hazardous substances other than branding, package and labeling requirements;

16.  Freshwater wellhead protection;

17.  Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Department;

18.  Utilization and enforcement of Oklahoma Water Quality Standards and implementation documents;

19.  Environmental regulation of any entity or activity, and the prevention, control and abatement of any pollution, not subject to the specific statutory authority of another state environmental agency;

20.  Development and maintenance of a computerized information system relating to water quality pursuant to Section 1-4-107 of this title; and

21.  Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional area of environmental responsibility.

C.  Oklahoma Water Resources Board.  The Oklahoma Water Resources Board shall have the following jurisdictional areas of environmental responsibility:

1.  Water quantity including, but not limited to, water rights, surface water and underground water, planning, and interstate stream compacts;

2.  Weather modification;

3.  Dam safety;

4.  Flood plain management;

5.  State water/wastewater loans and grants revolving fund and other related financial aid programs;

6.  Administration of the federal State Revolving Fund Program including, but not limited to, making application for and receiving capitalization grant awards, wastewater prioritization for funding, technical project reviews, environmental review process, and financial review and administration;

7.  Water well drillers/pump installers licensing;

8.  Technical lead agency for clean lakes eligible for funding under Section 314 of the federal Clean Water Act or other applicable sections of the federal Clean Water Act or other subsequent state and federal clean lakes programs; administration of a state program for assessing, monitoring, studying and restoring Oklahoma lakes with administration to include, but not be limited to, receipt and expenditure of funds from federal, state and private sources for clean lakes and implementation of a volunteer monitoring program to assess and monitor state water resources, provided such funds from federal Clean Water Act sources are administered and disbursed by the Office of the Secretary of Environment;

9.  Statewide water quality standards and their accompanying use support assessment protocols, anti-degradation policy and implementation, and policies generally affecting Oklahoma Water Quality Standards application and implementation including but not limited to mixing zones, low flows and variances or any modification or change thereof pursuant to Section 1085.30 of Title 82 of the Oklahoma Statutes;

10.  Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Board;

11.  Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional area of environmental responsibility;

12.  Development of classifications and identification of permitted uses of groundwater, in recognized water rights, and associated groundwater recharge areas;

13.  Establishment and implementation of a statewide beneficial use monitoring program for waters of the state in coordination with the other state environmental agencies;

14.  Coordination with other state environmental agencies and other public entities of water resource investigations conducted by the federal United States Geological Survey for water quality and quantity monitoring in the state; and

15.  Development and submission of a report concerning the status of water quality monitoring in this state pursuant to Section 1-1-202 of this title.

D.  Oklahoma Department of Agriculture, Food, and Forestry.  1.  The Oklahoma Department of Agriculture, Food, and Forestry shall have the following jurisdictional areas of environmental responsibility except as provided in paragraph 2 of this subsection:

a. point source discharges and nonpoint source runoff from agricultural crop production, agricultural services, livestock production, silviculture, feed yards, livestock markets and animal waste,

b. pesticide control,

c. forestry and nurseries,

d. fertilizer,

e. facilities which store grain, feed, seed, fertilizer and agricultural chemicals,

f. dairy waste and wastewater associated with milk production facilities,

g. groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Department,

h. utilization and enforcement of Oklahoma Water Quality Standards and implementation documents,

i. development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility, and

j. storm water discharges for activities subject to the jurisdictional areas of environmental responsibility of the Department.

2.  In addition to the jurisdictional areas of environmental responsibility specified in subsection B of this section, the Department of Environmental Quality shall have environmental jurisdiction over:

a. (1) commercial manufacturers of fertilizers, grain and feed products, and chemicals, and over manufacturing of food and kindred products, tobacco, paper, lumber, wood, textile mill and other agricultural products,

(2) slaughterhouses, but not including feedlots at these facilities, and

(3) aquaculture and fish hatcheries,

including, but not limited to, discharges of pollutants and storm water to waters of the state, surface impoundments and land application of wastes and sludge, and other pollution originating at these facilities, and

b. facilities which store grain, feed, seed, fertilizer, and agricultural chemicals that are required by federal NPDES regulations to obtain a permit for storm water discharges shall only be subject to the jurisdiction of the Department of Environmental Quality with respect to such storm water discharges.

E.  Corporation Commission.  1.  The Corporation Commission is hereby vested with exclusive jurisdiction, power and authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders governing and regulating:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells,

c. the exploration, drilling, development, producing or processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and operation of wells used in connection with the recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt water, crude oil, natural gas condensate and tank bottoms or basic sediment from crude oil tanks, pipelines, pits and equipment associated with the exploration, drilling, development, producing or transportation of oil or gas,

f. underground injection control pursuant to the federal Safe Drinking Water Act and 40 CFR Parts 144 through 148, of Class II injection wells, Class V injection wells utilized in the remediation of groundwater associated with underground or aboveground storage tanks regulated by the Commission, and those wells used for the recovery, injection or disposal of mineral brines as defined in the Oklahoma Brine Development Act.  Any substance that the United States Environmental Protection Agency allows to be injected into a Class II well may continue to be so injected,

g. tank farms for storage of crude oil and petroleum products which are located outside the boundaries of refineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities which are subject to the jurisdiction of the Department of Environmental Quality with regard to point source discharges,

h. the construction and operation of pipelines and associated rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum products, anhydrous ammonia or mineral brine, or in the treatment of oil, gas or mineral brine during the course of transportation but not including line pipes in any:

(1) natural gas liquids extraction plant,

(2) refinery,

(3) reclaiming facility other than for those specified within subparagraph e of this subsection,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in paragraphs 1 and 2 of this subsection as being subject to the jurisdiction of the Commission, and

(2) other oil and gas extraction facilities and activities,

j. spills of deleterious substances associated with facilities and activities specified in paragraph 1 of this subsection or associated with other oil and gas extraction facilities and activities,

k. subsurface storage of oil, natural gas and liquefied petroleum gas in geologic strata,

l. groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Commission,

m. utilization and enforcement of Oklahoma Water Quality Standards and implementation documents, and

n. development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility.

2.  The exclusive jurisdiction, power and authority of the Commission shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described in paragraph 1 of this subsection.

3.  When a deleterious substance from a Commission-regulated facility or activity enters a point source discharge of pollutants or storm water from a facility or activity regulated by the Department of Environmental Quality, the Department shall have sole jurisdiction over the point source discharge of the commingled pollutants and storm water from the two facilities or activities insofar as Department-regulated facilities and activities are concerned.

4.  For purposes of the federal Clean Water Act, any facility or activity which is subject to the jurisdiction of the Commission pursuant to paragraph 1 of this subsection and any other oil and gas extraction facility or activity which requires a permit for the discharge of a pollutant or storm water to waters of the United States shall be subject to the direct jurisdiction of the federal Environmental Protection Agency and shall not be required to be permitted by the Department of Environmental Quality or the  Commission for such discharge.

5.  The Commission shall have jurisdiction over:

a. underground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at the upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided, that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund, the Oklahoma Petroleum Storage Tank Release Indemnity Program, and the Oklahoma Leaking Underground Storage Tank Trust Fund.

6.  The Department of Environmental Quality shall have sole jurisdiction to regulate the transportation, discharge or release of deleterious substances or solid or hazardous waste or other pollutants from rolling stock and rail facilities.

7.  The Department of Environmental Quality shall have sole environmental jurisdiction for point and nonpoint source discharges of pollutants and storm water to waters of the state from:

a. refineries, petrochemical manufacturing plants and natural gas liquid extraction plants,

b. manufacturing of equipment and products related to oil and gas,

c. bulk terminals, aboveground and underground storage tanks not subject to the jurisdiction of the Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject to the jurisdiction of the Commission or the Oklahoma Department of Agriculture, Food, and Forestry as specified by this section.

8.  The Department of Environmental Quality shall have sole environmental jurisdiction to regulate air emissions from all facilities and sources subject to operating permit requirements under Title V of the federal Clean Air Act as amended.

F.  Oklahoma Conservation Commission.  The Oklahoma Conservation Commission shall have the following jurisdictional areas of environmental responsibility:

1.  Soil conservation, erosion control and nonpoint source management except as otherwise provided by law;

2.  Monitoring, evaluation and assessment of waters to determine the condition of streams and rivers being impacted by nonpoint source pollution.  In carrying out this area of responsibility, the Oklahoma Conservation Commission shall serve as the technical lead agency for nonpoint source categories as defined in Section 319 of the federal Clean Water Act or other subsequent federal or state nonpoint source programs, except for activities related to industrial and municipal storm water or as otherwise provided by state law;

3.  Wetlands strategy;

4.  Abandoned mine reclamation;

5.  Cost-share program for land use activities;

6.  Assessment and conservation plan development and implementation in watersheds of clean lakes, as specified by law;

7.  Complaint data management;

8.  Coordination of environmental and natural resources education;

9.  Federal upstream flood control program;

10.  Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Commission;

11.  Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility; and

12.  Utilization of Oklahoma Water Quality Standards and Implementation documents.

G.  Department of Mines.  The Department of Mines shall have the following jurisdictional areas of environmental responsibility:

1.  Mining regulation;

2.  Mining reclamation of active mines;

3.  Groundwater protection for activities subject to the jurisdictional areas of environmental responsibility of the Commission; and

4.  Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of responsibility.

H.  Department of Wildlife Conservation.  The Department of Wildlife Conservation shall have the following jurisdictional areas of environmental responsibilities:

1.  Investigating wildlife kills;

2.  Wildlife protection and seeking wildlife damage claims; and

3.  Development and promulgation of a Water Quality Standards Implementation Plan pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental responsibility.

I.  Department of Public Safety.  The Department of Public Safety shall have the following jurisdictional areas of environmental responsibilities:

1.  Hazardous waste, substances and material transportation inspections as authorized by the Hazardous Materials Transportation Act; and

2.  Inspection and audit activities of hazardous waste and materials carriers and handlers as authorized by the Hazardous Materials Transportation Act.

J.  Department of Labor.  The Department of Labor shall have the following jurisdictional areas of environmental responsibility:

1.  Regulation of asbestos in the workplace pursuant to Chapter 11 of Title 40 of the Oklahoma Statutes;

2.  Asbestos monitoring in public and private buildings; and

3.  Indoor air quality as regulated under the authority of the Oklahoma Occupational Health and Safety Standards Act, except for those indoor air quality issues specifically authorized to be regulated by another agency.

Such programs shall be a function of the Department's occupational safety and health jurisdiction.

K.  Oklahoma Department of Emergency Management.  The Oklahoma Department of Emergency Management shall have the following jurisdictional areas of environmental responsibilities:

1.  Coordination of all emergency resources and activities relating to threats to citizens' lives and property pursuant to the Oklahoma Emergency Resources Management Act of 1967;

2.  Administer and enforce the planning requirements of Title III of the Superfund Amendments and Reauthorization Act of 1986 and develop such other emergency operations plans that will enable the state to prepare for, respond to, recover from and mitigate potential environmental emergencies and disasters pursuant to the Oklahoma Hazardous Materials Planning and Notification Act;

3.  Administer and conduct periodic exercises of emergency operations plans provided for in this subsection pursuant to the Oklahoma Emergency Resources Management Act of 1967;

4.  Administer and facilitate hazardous materials training for state and local emergency planners and first responders pursuant to the Oklahoma Emergency Resources Management Act of 1967; and

5.  Maintain a computerized emergency information system allowing state and local access to information regarding hazardous materials' location, quantity and potential threat.

Added by Laws 1992, c. 398, § 6, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 11, eff. July 1, 1993.  Renumbered from § 6 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 6, eff. July 1, 1993; Laws 1994, c. 140, § 24, eff. Sept. 1, 1994; Laws 1997, c. 217, § 1, eff. July 1, 1997; Laws 1999, c. 413, § 4, eff. Nov. 1, 1999; Laws 2000, c. 364, § 1, emerg. eff. June 6, 2000; Laws 2002, c. 397, § 1, eff. Nov. 1, 2002; Laws 2004, c. 100, § 2, eff. July 1, 2004; Laws 2004, c. 430, § 11, emerg. eff. June 4, 2004.

§27A-1-3-102.  Repealed by Laws 1994, c. 192, § 3, eff. July 1, 1996.

§27A-1-3-103.  Renumbered as Title 2, § 18.2 by Laws 2004, c. 100, § 4, eff. July 1, 2004.

§27A-1-4-107.  Maintenance of computerized water quality data.

A.  The Department of Environmental Quality shall maintain a computerized information system of water quality data, including but not limited to the results of surface water and groundwater quality monitoring in a manner that is accessible to the state environmental agencies and to the public.

B.  1.  Each state environmental agency shall submit the results of any water quality monitoring performed by the agency in readable electronic format as determined by the Department pursuant to recommendations of the State Water Quality Standards Implementation Advisory Committee.

2.  All submitted data shall be in a format consistent with the applicable federal program.

3.  If any state environmental agency is unable to submit the data, such fact shall be reported to the Secretary of the Environment.

Added by Laws 1999, c. 413, § 6, eff. Nov. 1, 1999.

§27A-2.  Renumbered as § 1-1-102 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-1-101.  Short title - Subsequent enactments.

A.  Chapter 2 of this title shall be known and may be cited as the "Oklahoma Environmental Quality Code".

B.  All statutes hereinafter enacted and codified in Chapter 2 of this title shall be considered and deemed part of the Oklahoma Environmental Quality Code.

Added by Laws 1993, c. 145, , § 12, eff. July 1, 1993.

§27A-2-1-102.  Definitions.

As used in the Oklahoma Environmental Quality Code:

1.  "Administrative hearing" means an individual proceeding, held by the Department when authorized by the provisions of this Code and conducted pursuant to the Administrative Procedures Act, this Code and rules promulgated thereunder, for a purpose specified by this Code.  "Administrative hearing" includes "administrative permit hearing", "enforcement hearing" and "administrative enforcement hearing" within the context of this Code.  An "administrative hearing" shall be a quasi-judicial proceeding;

2.  "Administrative Procedures Act" means the Oklahoma Administrative Procedures Act;

3.  "Board" means the Environmental Quality Board;

4.  "Code" means Chapter 2 of this title;

5.  "Department" means the Department of Environmental Quality;

6.  "Enforcement hearing" means an individual proceeding conducted pursuant to the Administrative Procedures Act, this Code and rules promulgated thereunder, for the purpose of enforcing the provisions of this Code, rules promulgated thereunder and orders, permits or licenses issued pursuant thereto.  The term "administrative hearing" shall mean the same as "enforcement hearing" when held for enforcement purposes.  An "enforcement hearing" shall be a quasi-judicial proceeding;

7.  "Environment" includes the air, land, wildlife, and waters of the state;

8.  "Executive Director" means the Executive Director of the Department of Environmental Quality;

9.  "Industrial wastewater treatment permit" shall mean permits issued by the Department after July 1, 1993, under Section 2-6-501 of Title 27A of the Oklahoma Statutes, and waste disposal permits issued on or before June 30, 1993, by the Oklahoma Water Resources Board for land application of industrial waste or surface impoundments or disposal systems for industrial waste or wastewater;

10.  "Nonpoint source" means the contamination of the environment with a pollutant for which the specific point of origin may not be well defined;

11.  "Person" means an individual, association, partnership, firm, company, public trust, corporation, joint-stock company, trust, estate, municipality, state or federal agency, other governmental entity, any other legal entity or an agent, employee, representative, assignee or successor thereof;

12.  "Pollution" means the presence in the environment of any substance, contaminant or pollutant, or any other alteration of the physical, chemical or biological properties of the environment or the release of any liquid, gaseous or solid substance into the environment in quantities which are or will likely create a nuisance or which render or will likely render the environment harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life, or to property;

13.  "Public meeting" means a formal public forum, held by the Department when authorized by the provisions of this Code, and conducted by a presiding officer pursuant to the requirements of this Code and rules promulgated thereunder, at which an opportunity is provided for the presentation of oral and written views within reasonable time limits as determined by the presiding officer.  Views expressed at a "public meeting" shall be limited to the topic or topics specified by this Code for such meeting.  "Public meeting" shall mean a "public hearing" when held pursuant to requirements of the Code of Federal Regulations or the Oklahoma Pollutant Discharge Elimination System Act, and shall be synonymous with "formal public meeting" and "informal public meeting" as used within the context of this Code and rules promulgated thereunder.  A "public meeting" shall not be a quasi-judicial proceeding;

14.  "State environmental agency" includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines,

g. Department of Public Safety,

h. Department of Labor,

i. Department of Environmental Quality, and

j. Department of Civil Emergency Management; and

15.  "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof.

Added by Laws 1993, c. 145, § 13, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 4, eff. July 1, 1993.

§27A-2-2-101.  Environmental Quality Board - Creation - Eligibility - Composition - Terms - Meetings - Powers and duties - Promulgation of rules.

A.  There is hereby created the Environmental Quality Board to represent the interests of the State of Oklahoma which shall consist of thirteen (13) members appointed by the Governor with the advice and consent of the Senate.

B.  To be eligible for appointment to the Board a person shall:

1.  Be a citizen of the United States;

2.  Be a resident of this state;

3.  Be a qualified elector of this state; and

4.  Not have been convicted of a felony pursuant to the laws of this state, the laws of any other state or the laws of the United States.

C.  The Board shall be composed of:

1.  One member who shall be a certified or registered environmental professional.  Such member shall be an environmental professional experienced in matters of pollution control, who shall not be an employee of any unit of government;

2.  One member who shall be selected from industry in general.  Such member shall be employed as a manufacturing executive carrying on a manufacturing business within the state;

3.  One member who shall be selected from the hazardous waste industry within the state;

4.  One member who shall be selected from the solid waste industry within this state;

5.  One member who shall be well versed in recreational, irrigational, municipal or residential water usage;

6.  One member who shall be selected from the petroleum industries being regulated by the Department of Environmental Quality;

7.  One member who shall be selected from the agriculture industries regulated by the Department of Environmental Quality;

8.  One member who shall be selected from the conservation districts of the state;

9.  Three members who shall be citizen members of any statewide nonprofit environmental organization;

10.  One member who shall be a member of the local governing body of a city or town; and

11.  One member who shall be from a rural water district organized pursuant to the laws of this state.

D.  The term of office of a member of the Board shall be for five (5) years and until a successor is appointed and qualified.

E.  1.  An appointment shall be made by the Governor within ninety (90) days after a vacancy has occurred due to resignation, death, or any cause resulting in an unexpired term.  In the event of a vacancy on the Board due to resignation, death, or for any cause resulting in an unexpired term, if not filled within ninety (90) days following such vacancy, the Board may appoint a provisional member to serve in the interim until the Governor acts.

2.  A member may be reappointed.

3.  In making appointments to the Environmental Quality Board, the Governor shall recognize the geographic diversity of the state and endeavor to appoint members representing each quadrant of the state.

F.  1.  The Board shall hold meetings as necessary at a place and time to be fixed by the Board.  The Board shall select, at its first meeting, one of its members to serve as chair and another of its members to serve as vice-chair.  At the first meeting in each calendar year thereafter, the chair and vice-chair for the ensuing year shall be elected.  Special meetings may be called by the chair or by five members of the Board by delivery of written notice to each member of the Board.  A majority of the Board present at the meeting shall constitute a quorum of the Board.

2.  Members of the Board shall receive necessary travel expenses according to the provisions of the State Travel Reimbursement Act.

G.  The Board shall:

1.  Appoint and fix the compensation of the Executive Director of the Department of Environmental Quality;

2.  Be the rulemaking body for the Department of Environmental Quality;

3.  Review and approve the budget request of the Department to the Governor;

4.  Assist the Department in conducting periodic reviews and planning activities related to the goals, objectives, priorities and policies of the Department;

5.  In conjunction with each regular meeting of the Board pursuant to subsection F and at such other times as the Board may determine to be necessary and appropriate, provide a public forum for receiving comments and disseminating information to the public and the regulated community regarding goals, objectives, priorities, and policies of the Department.  The Board shall have the authority to adopt nonbinding resolutions requesting action by the Department in response to comments received or upon the Board's own initiative; and

6.  Review and evaluate the need for amendments or additions to the Oklahoma Statutes regarding the programs and functions of the Department and make legislative recommendations to the Legislature.

H.  As the rulemaking body for the Department of Environmental Quality, the Board is specifically charged with the duty of promulgating rules which will implement the duties and responsibilities of the Department pursuant to this Code.  Except as provided in this subsection, rules within the jurisdiction of a Council provided for by this act shall be promulgated with the advice of such Council.  Proposed permanent rules within the jurisdiction of a Council shall not be considered by the Board for promulgation until receipt of the appropriate Council's recommendation on such promulgation; however, the Board may promulgate emergency rules without the advice of the appropriate Council when the time constraints of the emergency, as determined by the Board, do not permit the timely development of recommendations by the Council.  All actions of the Councils with regard to rulemaking shall be deemed actions of the Board for the purposes of complying with the Administrative Procedures Act.

Added by Laws 1992, c. 398, § 7, eff. Jan. 1, 1993.  Amended by Laws 1993, c. 145, § 14, eff. July 1, 1993.  Renumbered from § 7 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 55, eff. July 1, 1993; Laws 2001, c. 110, § 1, emerg. eff. April 18, 2001; Laws 2005, c. 20, § 1, emerg. eff. April 5, 2005.

§27A-2-2-102.  Renumbered as § 2-10-308 of this title by Laws 1994, c. 353, § 41, eff. July 1, 1994.

§27A-2-2-103.  Attorney General as legal counsel.

The Office of the Attorney General of this state shall serve as legal counsel for the Environmental Quality Board and shall assist the Board in the performance of its duties pursuant to the Environmental Quality Code.

Added by Laws 1993, c. 324, § 2, emerg. eff. June 7, 1993.

§27A-2-2-104.  Board rules incorporating by reference federal provisions - No effect on rules from subsequent changes in federal provisions.

Insofar as permitted by law and upon recommendation from the appropriate Council, rules promulgated by the Environmental Quality Board may incorporate a federal statute or regulation by reference.  Any Board rule which incorporates a federal provision by reference incorporates the language of the federal provision as it existed at the time of the incorporation by reference.  Any subsequent modification, repeal or invalidation of the federal provision shall not be deemed to affect the incorporating Board rule.

Added by Laws 1994, c. 353, § 3, eff. July 1, 1994.

§27A-2-2-201.  Advisory councils.

A.  There are hereby created:

1.  The Water Quality Management Advisory Council;

2.  The Hazardous Waste Management Advisory Council;

3.  The Solid Waste Management Advisory Council;

4.  The Radiation Management Advisory Council; and

5.  The Laboratory Services Advisory Council.

B.  1.  Each Council created pursuant to subsection A of this section shall consist of nine (9) members.  Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives and three members shall be appointed by the President Pro Tempore of the Senate.  The initial appointments for each gubernatorial and legislative member shall be for progressive terms of one (1) through three (3) years so that only one term expires each calendar year; subsequent appointments shall be for three-year terms.  Members of the Advisory Councils shall serve at the pleasure of and may be removed from office by the appointing authority.  Members shall continue to serve until their successors are appointed.  Any vacancy shall be filled in the same manner as the original appointments.  Five members shall constitute a quorum.

2.  Each Council shall elect a chair and a vice-chair from among its members.  Each Council shall meet as required for rule development, review and recommendation and for such other purposes specified by law.  Special meetings may be called by the chair or by the concurrence of any three (3) members.

C.  1.  All members of the Water Quality Management Advisory Council shall be knowledgeable of water quality and of the environment.  The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing the field of engineering,

(2) one member representing a statewide nonprofit environmental organization, and

(3) one member representing the general public,

b. the President Pro Tempore of the Senate shall appoint three members as follows:

(1) one member representing an industry located in this state,

(2) one member representing an oil field-related industry, and

(3) one member representing the field of geology, and

c. the Speaker of the House of Representatives shall appoint three members as follows:

(1) one member representing a political subdivision of the state who shall be a member of the local governmental body of a city or town,

(2) one member representing a rural water district organized pursuant to the laws of this state, and

(3) one member representing the field of agriculture.

2.  The jurisdictional areas of the Water Quality Management Advisory Council shall include Article VI of this chapter, water quality and protection and related activities and such other areas as designated by the Board.

D.  1.  All members of the Hazardous Waste Management Advisory Council shall be knowledgeable of hazardous waste and of the environment.  The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing an industry located in this state,

(2) one member representing a statewide nonprofit environmental organization, and

(3) one member representing a political subdivision of the state who shall be a member of the local governing body of a city or town,

b. the President Pro Tempore of the Senate shall appoint three members as follows:

(1) one member representing a political subdivision of the state who shall be a member of the local governmental body of a city or town,

(2) one member representing the general public, and

(3) one member representing industry generating hazardous waste, and

c. the Speaker of the House of Representatives shall appoint three members as follows:

(1) one member representing the field of engineering,

(2) one member representing the hazardous waste industry, and

(3) one member representing the field of geology.

2.  The jurisdictional areas of the Hazardous Waste Management Advisory Council shall include Article VII of this chapter, the Oklahoma Hazardous Waste Reduction Program, and such other areas as designated by the Board.

E.  1.  All members of the Solid Waste Management Advisory Council shall be knowledgeable of solid waste and of the environment.  The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing a statewide nonprofit environmental organization,

(2) one member shall be a county commissioner, and

(3) one member representing the general public,

b. the President Pro Tempore of the Senate shall appoint three members as follows:

(1) one member representing an industry located in this state generating solid waste,

(2) one member representing a political subdivision of this state who shall be a member of the local governmental body of a city or town, and

(3) one member representing the field of geology, and

c. the Speaker of the House of Representatives shall appoint three members as follows:

(1) one member representing the solid waste disposal industry in this state,

(2) one member representing the field of engineering, and

(3) one member representing the transportation industry.

2.  The jurisdictional areas of the Solid Waste Management Advisory Council shall include Article X of this chapter, the Oklahoma Waste Tire Recycling Act and such other areas as designated by the Board.

F.  1.  All members of the Radiation Management Advisory Council shall be knowledgeable of radiation hazards and radiation protection.  The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing an industry located in this state which uses sources of radiation in its manufacturing or processing business,

(2) one member representing a statewide nonprofit environmental organization, and

(3) one member representing the engineering profession who shall be a professional engineer employed and experienced in matters of radiation management and protection,

b. the President Pro Tempore of the Senate shall appoint three members as follows:

(1) one member representing the faculty of an institution of higher learning of university status and shall be experienced in matters of scientific knowledge and competent in matters of radiation management and protection,

(2) one member representing the general public, and

(3) one member representing the field of industrial radiography, and

c. the Speaker of the House of Representatives shall appoint three members as follows:

(1) one member representing the transportation industry,

(2) one member representing the petroleum industry who is trained and experienced in radiation management and protection, and

(3) one member representing a medical institution within this state who shall be experienced in matters of radiation management and protection.

2.  The jurisdictional areas of the Radiation Management Advisory Council shall include Article IX of this chapter and such other areas as designated by the Board.

G.  1.  All members of the Laboratory Services Advisory Council shall be knowledgeable of laboratory services and certification standards.  The Council shall be composed as follows:

a. the Governor shall appoint three members as follows:

(1) one member representing a private laboratory within the state certified by the Department,

(2) one member representing the field of hydro-geology, and

(3) one member representing permit holders required to routinely submit laboratory analyses results to the Department,

b. the President Pro Tempore of the Senate shall appoint three members as follows:

(1) one member representing a private laboratory within the state certified by the Department,

(2) one member representing a public laboratory within the state certified by the Department, and

(3) one member representing the field of microbiology, and

c. the Speaker of the House of Representatives shall appoint three members as follows:

(1) one member representing a private laboratory within the state certified by the Department,

(2) one member representing permit holders required to routinely submit laboratory analyses results to the Department, and

(3) one member representing the field of environmental chemistry.

2.  The jurisdictional areas of the Laboratory Services Advisory Council shall include Article IV of this chapter and such other areas designated by the Board.

H.  1.  The Air Quality Council created pursuant to Section 6, Chapter 215, O.S.L. 1992 (63 O.S. Supp. 1992, Section 1-1807.1) shall remain in effect as the Air Quality Advisory Council and carry on the powers and duties assigned to it by law.  The current members of the Air Quality Council shall remain on the Council until the expiration of their individual terms of office or until such offices are vacated.  Future appointments to the Council shall be made according to the provisions of this section.

2.  The Council shall consist of nine (9) members who shall be residents of this state and appointed by the Governor with the advice and consent of the Senate.

3.  Members of the Council shall have the qualifications as follows:

a. one member shall be selected from the engineering profession, and, as such, shall be a professional engineer and experienced in matters of air pollution equipment and control, who shall not be an employee of any unit of government,

b. one member shall be selected from industry in general, and, as such, shall be employed as a manufacturing executive carrying on a manufacturing business within this state,

c. one member shall be selected from a faculty of an institution of higher learning of university status and shall be experienced in matters of scientific knowledge and competent in matters of air pollution control and evaluation,

d. one member shall be selected from the transportation industry,

e. one member shall be selected from the petroleum industry, and, as such, shall be employed by a petroleum company carrying on a petroleum refining business within the state, and, as such, shall be trained and experienced in matters of scientific knowledge of causes as well as effects of air pollution,

f. one member shall be selected from agriculture, and, as such, shall be engaged in or employed by a basic agricultural business or the processing of agricultural products,

g. one member shall be selected from the political subdivisions of the state, and, as such, shall be a member of the local government body of a city or town,

h. one member, whose first term shall expire on June 15, 1998, shall be selected from the general public, and

i. one member, whose first term shall expire on June 15, 1999, shall be selected from the electric utilities industry, and as such, shall be knowledgeable in matters of air pollution and control.

4.  Each member shall be appointed to serve a term of office of seven (7) years, except that the term of those first appointed shall expire as follows:

One at the end of one (1) year after date of appointment;

One at the end of two (2) years after date of appointment;

One at the end of three (3) years after date of appointment;

One at the end of four (4) years after date of appointment;

One at the end of five (5) years after date of appointment;

One at the end of six (6) years after date of appointment;

and

One at the end of seven (7) years after date of appointment;

The terms of all members shall be deemed to have expired on June 15th of the year of expiration, and shall continue until successors have been duly appointed and qualified.  If a vacancy occurs, the Governor shall appoint a person for the remaining portion of the unexpired term created by the vacancy.  Five members of the Council shall constitute a quorum.

5.  The Council shall hold at least two regular meetings each calendar year at a place and time to be fixed by the Council.  The Council shall select one of its members to serve as chair and another of its members to serve as vice-chair at the first regular meeting in each calendar year to serve as the chair and vice-chair for the ensuing year.  Special meetings may be called, and any meeting may be canceled, by the chair, or by three members of the Council by delivery of written notice to each member of the Council.

6.  The jurisdictional areas of the Air Quality Council shall include Article V of this chapter and such other areas as designated by the Board.

I.  In addition to other powers and duties assigned to each Council pursuant to this Code, each Council shall, within its jurisdictional area:

1.  Have authority to recommend to the Board rules on behalf of the Department.  The Department shall not have standing to recommend to the Board permanent rules or changes to such rules within the jurisdiction of a Council which have not previously been submitted to the appropriate Council for action;

2.  Before recommending any permanent rules to the Board, give public notice, offer opportunity for public comment and conduct a public rulemaking hearing when required by the Administrative Procedures Act;

3.  Have the authority to make written recommendations to the Board which have been concurred upon by at least a majority of the membership of the Council;

4.  Have the authority to provide a public forum for the discussion of issues it considers relevant to its area of jurisdiction, and to:

a. pass nonbinding resolutions expressing the sense of the Council, and

b. make recommendations to the Board or Department concerning the need and the desirability of conducting meetings, workshops and seminars; and

5.  Cooperate with each other Council, the public, the Board and the Executive Director in order to coordinate the rules within their respective jurisdictional areas and to achieve maximum efficiency and effectiveness in furthering the objectives of the Department.

J.  The Councils shall not recommend rules for promulgation by the Environmental Quality Board unless all applicable requirements of the Administrative Procedures Act have been followed, including but not limited to notice, rule impact statement and rule-making hearings.

K.  Members of the Councils shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act.  The Councils are authorized to utilize the conference rooms of the Department of Environmental Quality and obtain administrative assistance from the Department, as required.

Added by Laws 1992, c. 398, § 10, eff. Jan. 1, 1993.  Amended by Laws 1993, c. 145, § 15, eff. July 1, 1993.  Renumbered from § 10 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1995, c. 80, § 1, eff. July 1, 1995.

§27A-2-3-101.  Creation - Powers and duties - Disclosure of interests - Employee classification - Programs - Departmental offices and divisions - Annual report - Environmental Quality Report - Environmental services contracts.

A.  There is hereby created the Department of Environmental Quality.

B.  Within its jurisdictional areas of environmental responsibility, the Department of Environmental Quality, through its duly designated employees or representatives, shall have the power and duty to:

1.  Perform such duties as required by law; and

2.  Be the official agency of the State of Oklahoma, as designated by law, to cooperate with federal agencies for point source pollution, solid waste, hazardous materials, pollution, Superfund, water quality, hazardous waste, radioactive waste, air quality, drinking water supplies, wastewater treatment and any other program authorized by law or executive order.

C.  Any employee of the Department in a technical, supervisory or administrative position relating to the review, issuance or enforcement of permits pursuant to this Code who is an owner, stockholder, employee or officer of, or who receives compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department of Environmental Quality shall disclose such interest to the Executive Director.  Such disclosure shall be submitted for Board review and shall be made a part of the Board minutes available to the public.  This subsection shall not apply to financial interests occurring by reason of an employee's participation in the Oklahoma State Employees Deferred Compensation Plan or publicly traded mutual funds.

D.  The Executive Director, Deputy Director, and all other positions and employees of the Department at the Division Director level or higher shall be in the unclassified service.

E.  The following programs are hereby established within the Department of Environmental Quality:

1.  An air quality program which shall be responsible for air quality;

2.  Water programs which shall be responsible for water quality, including, but not limited to point source and nonpoint source pollution within the jurisdiction of the Department, public and private water supplies, public and private wastewater treatment, water protection and discharges to waters of the state;

3.  Land protection programs which shall be responsible for hazardous waste, solid waste, radiation, and municipal, industrial, commercial and other waste within its jurisdictional areas of environmental responsibility pursuant to Section 1-3-101 of this title; and

4.  Special projects and services programs which shall be responsible for duties related to planning, interagency coordination, technical assistance programs, laboratory services and laboratory certification, recycling, education and dissemination of information.

F.  Within the Department there are hereby created:

1.  The complaints program which shall be responsible for intake processing, investigation, mediation and conciliation of inquiries and complaints received by the Department and which shall provide for the expedient resolution of complaints within the jurisdiction of the Department; and

2.  The customer assistance program which shall be responsible for advising and providing to licensees, permittees and those persons representing businesses or those persons associated with and representing local political subdivisions desiring a license or permit, the necessary forms and the information necessary to comply with the Oklahoma Environmental Quality Code.  The customer assistance program shall coordinate with other programs of the Department to assist businesses and municipalities in complying with state statutes and rules governing environmental areas.

The customer assistance program shall also be responsible for advising and providing assistance to persons desiring information concerning the Department's rules, laws, procedures, licenses or permits, and forms used to comply with the Oklahoma Environmental Quality Code.

G.  The Department shall be responsible for holding administrative hearings as defined in Section 2-1-102 of this title and shall provide support services related to them, including, but not limited to, giving required notices, maintaining the docket, scheduling hearings, and maintaining legal records.

H.  1.  The Department shall prepare and submit an annual report assessing the status of the Department's programs to the Board, the Governor, the President Pro Tempore of the State Senate, and the Speaker of the Oklahoma House of Representatives by January 1 of each year.  The annual status report shall include: the number of environmental inspections made within the various regulatory areas under the Department's jurisdiction; the number of permit applications submitted within the various regulatory areas under the Department's jurisdiction; the number of permits issued within the various regulatory areas under the Department's jurisdiction; the number and type of complaints filed with the Department; the number of resolved and unresolved Department complaints; a list of any permits and complaints which failed to be either completed or resolved within the Department's established time frames and an explanation of why the Department was unable to meet said time frames; the number and kinds of services provided corporations, businesses, cities, towns, schools, citizen groups and individuals by the customer assistance programs; a summary of the Department's environmental education efforts; the number and type of administrative hearings held and their outcomes; a detailed description of any promulgated and pending emergency or permanent rules requested by the Department and the current status of pending rules within the rulemaking process; the number of notices of violations issued by the Department within the various regulatory areas under its jurisdiction; the amount of penalties collected by the Department within the various regulatory areas under its jurisdiction; and any other information which the Department believes is pertinent.

2.  Beginning January 1, 1995, and on or before January 1 of every year thereafter, the Department shall prepare an Oklahoma Environmental Quality Report which outlines the Department's annual needs for providing environmental services within its jurisdictional areas.  The report shall reflect any new federal mandates and any state statutory or constitutional changes recommended by the Department within its jurisdictional areas.  The Oklahoma Environmental Quality Report shall be reviewed, amended, and approved by the Board.  The Department shall transmit an approved copy of the Oklahoma Environmental Quality Report to the Governor, President Pro Tempore of the State Senate, and Speaker of the House of Representatives.

3.  The Executive Director shall establish such divisions and such other programs and offices as the Executive Director may determine necessary to implement and administer programs and functions within the jurisdiction of the Department pursuant to the Oklahoma Environmental Quality Code.

I.  1.  The Department may contract with other governmental entities to provide environmental services.  Such contracts may include duties related to providing information to the public regarding state environmental services, resources, permitting requirements and procedures based upon the ability, education and training of state environmental agency employees.

2.  The Department, in conjunction with the state environmental agencies, may develop a program for the purpose of training government employees to provide any needed environmental services; provided, that the investigation of complaints regarding, or inspections of, permitted sites or facilities shall not be performed by employees of other agencies, unless otherwise authorized by law.

Added by Laws 1992, c. 398, § 9, eff. Jan. 1, 1993.  Amended by Laws 1993, c. 145, § 16, eff. July 1, 1993.  Renumbered from § 9 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 5, eff. July 1, 1993; Laws 1995, c. 246, § 1, eff. Nov. 1, 1995; Laws 2002, c. 139, § 1, emerg. eff. April 29, 2002.

§27A-2-3-102.  Customer Services Division - Additional responsibilities.

The Customer Services Division of the Department of Environmental Quality which includes, but is not limited to, the customer assistance program, in addition to responsibilities specified by Section 2-3-101 of this title and assigned to such Division by the Executive Director, shall:

1.  Establish and maintain an information and referral system to assist the public in understanding and complying with state and local governmental requirements concerning the use of natural resources and protection of the environment.  The system shall provide a telephone information service and disseminate printed materials;

2.  Standardize permits in coordination with the Board and the Department;

3.  Identify the public information procedures currently associated with each permit program;

4.  Provide for the statewide distribution of the telephone number of the customer assistance program; and

5.  Maintain copies of all current rules of the Department.

Added by Laws 1993, c. 145, § 17, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 4, eff. July 1, 1994; Laws 2002, c. 139, § 2, emerg. eff. April 29, 2002.

§27A-2-3-103.  Administrative Law Judges - Duties - Qualifications - Proceedings.

A.  The Department shall employ one or more Administrative Law Judges to conduct individual proceedings, and perform such other duties as are assigned to them by the Executive Director which are not inconsistent with their statutory duties.

B.  Each Administrative Law Judge shall:

1.  Have a general knowledge of the contaminants, pollutants, wastes and other materials which are regulated by the Oklahoma Environmental Quality Code;

2.  Have a working knowledge of the laws and rules under this Code;

3.  Be currently licensed to practice law by the Supreme Court of this state; and

4.  Not be an owner, stockholder, employee or officer of, nor have any other business relationship with, any corporation, partnership, or other business or entity that is subject to regulation by the Department.

C.  Individual proceedings shall be conducted in compliance with Article II of the Administrative Procedures Act, this Code and rules promulgated thereunder.

Added by Laws 1993, c. 145, § 18, eff. July 1, 1993.  Amended by Laws 2002, c. 139, § 3, emerg. eff. April 29, 2002.

§27A-2-3-104.  Complaints program.

A.  The complaints program shall, in addition to the responsibilities specified by Section 2-3-101 of this title, refer, upon written request, all complaints in which one of the complainants remains unsatisfied with the Department's resolution of said complaint to an outside source trained in mediation. Complainants and persons named in the complaint shall be made aware that participation in the mediation process conducted by the outside source is completely voluntary and confidential.  Fulfillment of any agreements reached in mediation shall be up to the parties of the dispute.  Participation in the mediation process shall not hinder or interfere with any enforcement action taken by the Department.  Mediation may run parallel to any enforcement action.  Participation by a complainant in the mediation process shall not preclude such complainants from seeking other relief provided by law.

B.  The complaints program shall maintain a roster of certified mediators which will be available to the public.

C.  The complaints program shall document the outcome of mediations to determine compliance with mediated agreements and for documentation of program success.

Added by Laws 1993, c. 145, § 19, eff. July 1, 1993.  Amended by Laws 2002, c. 139, § 4, emerg. eff. April 29, 2002.

§27A-2-3-105.  Pollution Prevention Program - Creation.

A Pollution Prevention Program within the Department of Environmental Quality is hereby authorized.

Added by Laws 1994, c. 134, § 1, eff. Sept. 1, 1994.

§27A-2-3-106.  Pollution prevention, defined.

As used in this act and the Oklahoma Environmental Quality Act and the Oklahoma Environmental Quality Code, unless otherwise specified:

1.  "Pollution prevention" means any practice which reduces the use of any hazardous substance or amount of any pollutant or contaminant prior to recycling, treatment or disposal, and reduces the hazards to public health and the environment associated with the use or release or both of such substances, pollutants or contaminants.  The term "pollution prevention" shall not include or in any way be construed to promote or require substitution of one hazardous waste for another, treatment, increased pollution control, off-site recycling, or incineration.

Added by Laws 1994, c. 134, § 2, eff. Sept. 1, 1994.

§27A-2-3-107.  Pollution Prevention Program - Duties - Authority - Award and recognition program - Confidentiality - Funding.

A.  It shall be the duty of the Pollution Prevention Program within the Department of Environmental Quality to create a cooperative partnership among the business community, municipalities, agencies of the state, the environmental community and the Department of Environmental Quality and all other state environmental agencies in which technical assistance, outreach, and education activities are coordinated and conducted to achieve pollution prevention, waste minimization and source reduction.

B.  The Pollution Prevention Program is hereby authorized to and may:

1.  Encourage and assist facilities using toxic or hazardous substances to engage in comprehensive pollution prevention planning and develop measurable performance goals;

2.  Offer and provide technical assistance, including audits, to the users and generators of toxic or hazardous substances; provided, however, the Program shall not duplicate services readily available in the private sector;

3.  Promote pollution prevention as the preferred means for achieving compliance with the laws of this state and shall further encourage all agencies and political subdivisions of the State of Oklahoma to strongly pursue pollution prevention goals;

4.  Promote research in toxics use reduction in order to spur public and private investment in pollution prevention;

5.  Develop and provide curriculum and training on pollution prevention for students and faculty of educational institutions, users and generators of toxic or hazardous substances and agencies of the State of Oklahoma and its political subdivisions;

6.  Sponsor and conduct conferences and workshops on pollution prevention for specific classes of business or industry; and

7.  Compile, organize and make information available for distribution on pollution prevention.

C.  The Pollution Prevention Program may develop an award and a recognition program for the purpose of promoting pollution prevention activities among businesses and governmental entities.

D.  1.  The Pollution Prevention Program shall not make available to the Department of Environmental Quality information the Program obtains in the course of providing technical assistance to a user or generator of toxic or hazardous waste, unless:

a. the user or generator agrees that such information may be available to the Department,

b. the information is public record information,

c. the information pertains to an imminent threat to public health or safety, or to the environment, or

d. disclosure to the Department is required by law.

2.  The Program shall notify users or generators requesting technical assistance of these provisions.

3.  Any technical assistance or information obtained by the Program shall not result in any regulatory inspections or other enforcement actions unless there is a reasonable cause to believe there exists a clear and imminent threat to the public health or safety or to the environment.

E.  Positions created pursuant to this article compensated with federal funds shall be contingent upon the procurement of federal funds and shall be terminated when federal support of those positions is discontinued.

Added by Laws 1994, c. 134, § 3, eff. Sept. 1, 1994.

§27A-2-3-108.  State environmental regulatory agencies - Encouragement of pollution prevention practices.

Each state environmental regulatory agency required by law to regulate any industry which generates hazardous substances, pollutants or contaminants may develop a program and promulgate rules for the purpose of encouraging entities regulated by such agency to implement pollution prevention practices and activities.

Added by Laws 1994, c. 134, § 4, eff. Sept. 1, 1994.

§27A-2-3-201.  Executive Director - Appointment - Qualifications - Power, duties and responsibilities.

A.  The Environmental Quality Board shall appoint the Executive Director of the Department of Environmental Quality.  The Executive Director shall serve at the pleasure of the Board.

B.  The Executive Director shall have experience in industry, conservation, environmental sciences or such other areas as may be required by the Environmental Quality Board.

C.  The Executive Director shall provide for the administration of the Department and shall:

1.  Be the executive officer and supervise the activities of the Department of Environmental Quality;

2.  Employ, discharge, appoint or contract with, and fix the duties and compensation of such assistants, attorneys, chemists, geologists, environmental professionals, medical professionals, engineers, sanitarians, administrative, clerical and technical, investigators, aides and such other personnel, either on a fulltime, parttime, fee or contractual basis, as in his judgment and discretion shall be deemed necessary, expedient, convenient or appropriate to the performance or carrying out of any of the purposes, objectives, responsibilities or statutory provisions relating to the Department of Environmental Quality, or to assist the Executive Director in the performance of his official duties and functions;

3.  Establish internal policies and procedures for the proper and efficient administration of the Department; and

4.  Exercise all incidental powers which are necessary and proper to implement the purposes of the Department pursuant to this Code.

D.  The Executive Director shall not be an owner, stockholder, employee or officer of, nor have any other business relationship with or receive compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Department of Environmental Quality and, with regard to the exercise of powers and duties associated with the Oklahoma Pollutant Discharge Elimination System Act, shall meet all requirements of Section 304 of the Clean Water Act and applicable federal regulations promulgated thereunder by the United States Environmental Protection Agency regarding conflict of interest.

E.  1.  In addition to the powers and duties specified in subsection D of this section, the Executive Director shall have the power and duty to:

a. issue, deny, modify, amend, renew, refuse to renew, suspend, reinstate or revoke licenses or permits pursuant to the provisions of this Code, and rules promulgated by the Board, and

b. issue final orders and assess administrative penalties according to the Administrative Procedures Act, this Code and rules promulgated by the Board.

2.  The powers and duties specified in paragraph 1 of this subsection shall be exercised exclusively by the Executive Director and may not be delegated to other employees of the Department except as specifically provided in this Code.

3.  In the event of the Executive Director's temporary absence, the Executive Director may delegate the exercise of such powers and duties to an acting director during the Executive Director's absence subject to an organizational structure approved by the Board.  In the event of a vacancy in the position of Executive Director, the Board may designate an interim or acting Executive Director who is authorized to exercise such powers and duties until a permanent Executive Director is employed.

4.  Any designee exercising such powers and duties of the Executive Director as authorized or on a temporary, acting or interim basis shall meet the requirements of subsection D of this section for the Executive Director.

5.  All references in this Code to the Department with respect to the exercise of the powers and duties specified in paragraph 1 of this subsection shall mean the exercise of such powers and duties by the Executive Director or his authorized designee.

Added by Laws 1992, c. 398, § 8, eff. Jan. 1, 1993.  Amended by Laws 1993, c. 145, § 20, eff. July 1, 1993.  Renumbered from § 8 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 5, eff. July 1, 1994; Laws 1995, c. 285, § 1, eff. July 1, 1995.

§27A-2-3-202.  Powers and duties of Department.

A.  Within its jurisdictional areas of responsibility, the Department, acting through the Executive Director, or persons authorized by law, rule or designated by the Executive Director to perform such acts, shall have the power and duty to:

1.  Access any premises at any reasonable time upon presentation of identification for purposes of administering this Code, and the right to apply to and obtain from a judge of the district court, an administrative or other warrant as necessary to enforce such access;

2.  Determine and assess administrative penalties, take or request civil action, request criminal prosecution or take other administrative or civil action as specifically authorized by this Code or other law against any person or entity who has violated any of the provisions of this Code, rules promulgated thereunder, or any permit, license or order issued pursuant thereto;

3.  Investigate or cause to be investigated alleged violations of this Code, rules promulgated thereunder, or permits, licenses or orders issued pursuant thereto;

4.  Conduct investigations, inquiries and inspections, including but not limited to, the review of records and the collection of samples for laboratory analyses;

5.  Conduct hearings and issue subpoenas according to the Administrative Procedures Act, this Code and rules promulgated by the Board, and file contempt proceedings against any person disobeying or refusing to comply with such subpoena;

6.  Advise, consult, cooperate and enter into agreements with agencies of the state, municipalities and counties, industries, other states and the federal government, and other persons;

7.  Enter into agreements for, accept, administer and use, disburse and administer grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and carry on in this state any program relating to environmental services or pollution control;

8.  Require the establishment and maintenance of records and reports, and the installation, use, and maintenance of monitoring equipment or methods, and the provision of such information to the Department upon request;

9.  Establish a system of training for all personnel who render review and inspection services in order to assure uniform statewide application of law and rules;

10.  Enforce the provisions of this Code and rules promulgated thereunder and orders, permits and licenses issued pursuant thereto;

11.  Charge and receive fees pursuant to fee schedules promulgated by the Board;

12.  Register persons, property and activities as required by this Code or rules promulgated by the Board;

13.  Conduct studies, research and planning of programs and functions, pursuant to the authority granted by this Code;

14.  Collect and disseminate information and engage in environmental education activities relating to the provisions of this Code;

15.  Provide a toll-free hot line for environmental complaints;

16.  Enter into interagency agreements;

17.  Sell films, educational materials and other items produced by the Department and sell, exchange or otherwise dispose of obsolete personal property belonging to the Department unless otherwise required by terms of federal grants;

18.  Provide administrative and support services to the Board and the Councils as necessary to assist them in the performance of their duties; and

19.  Exercise all incidental powers which are necessary and proper to implement and administer the purposes of this Code.

B.  The provisions of this part shall extend to all programs administered by the Department regardless of whether the statutes creating such program are codified in Title 27A of the Oklahoma Statutes.

Added by Laws 1993, c. 145, § 21, eff. July 1, 1993.

§27A-2-3-301.  Renewal of license - Renewal fee - Penalty fee - Promulgation of rules.

The holder of any license issued under the provisions of this Code which is renewable by payment of a fee shall be entitled to thirty (30) days after the expiration date thereof in which to renew the same, without penalty, and if he fails to pay the renewal fee within such thirty-day period, he shall, unless otherwise provided in this Code, be required to pay the renewal fee plus a penalty fee in an amount as promulgated by rule.  Such penalty fee shall not exceed the amount of the renewal fee.  In the case of any renewal fee which shall exceed Ten Thousand Dollars ($10,000.00), the penalty fee shall be one and one-half percent (1.5%) per month of the outstanding balance of the renewal fee.  The Board may promulgate rules which prohibit the renewal of any license which has expired by more than ninety (90) days.

Added by Laws 1993, c. 145, § 22, eff. July 1, 1993.

§27A-2-3-302.  Applications for permits or other authorizations.

A.  For permits or other authorizations required pursuant to the Oklahoma Environmental Quality Code, applicants shall file applications in the form and manner established by the Department of Environmental Quality.  The Department shall review such applications as filed and subsequently amended or supplemented.  Any permit issued or authorization granted may include conditions.

B.  Permits and other authorizations required pursuant to the Oklahoma Environmental Code may contain provisions requiring that operations shall be in compliance with municipal and other local government ordinances, rules and requirements.  A determination or certification that the operations under the requested permit or authorization conform or comply with such ordinances, rules or requirements, the enforcement of which are not within the jurisdiction or authority of the Department, shall not be considered by the Department in their review and approval or denial of a permit or authorization.

Added by Laws 1993, c. 145, § 61, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 10, eff. July 1, 1994.  Renumbered from § 2-6-106 of this title by Laws 1994, c. 353, § 45, eff. July 1, 1994; Laws 1999, c. 381, § 4, emerg. eff. June 8, 1999.

§27A-2-3-401.  Department of Environmental Quality Revolving Fund - Subaccounts - Transfer of revolving fund monies.

A.  There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Department of Environmental Quality Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department from appropriations, administrative penalties, fees, charges, gifts and monies from any other source that are not designated for deposit to any other fund authorized by this Code.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department for the purpose of implementing and enforcing this Code.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  Individual subaccounts shall be established in the Department of Environmental Quality Revolving Fund as necessary to maintain the tracking of monies collected and to support the programs and functions within the jurisdiction of the Department.  Each subaccount shall consist of all monies collected pursuant to the program or function for which such subaccount has been established and all monies collected for such programs and functions shall be expended only and solely in furtherance of the statutory objectives of such programs and functions.  Provided, as otherwise authorized by law, the Department may transfer monies between subaccounts to meet cash flow needs of the Department so long as the monies are transferred back to the appropriate subaccount to be expended on the appropriate programs and functions.

C.  All revolving fund monies belonging to, deposited in or payable to the State Department of Health or the Oklahoma Water Resources Board for the purpose of administering a program or function over which the Department of Environmental Quality has jurisdiction, are hereby transferred to the appropriate funds of the Department of Environmental Quality.  All other monies belonging to, deposited in or payable to any other revolving fund under the jurisdiction of the Department are hereby transferred.

Added by Laws 1993, c. 145, § 23, eff. July 1, 1993.

§27A-2-3-402.  Schedule of fees.

A.  The Board shall establish schedules of fees to be charged for applications for, or the issuance of, new, modified or renewed permits, licenses, certificates and other authorizations and for such other environmental services as are involved in the regulation of environmental functions and programs authorized by the provisions of this Code.  Such fees shall be subject to the following limitations:

1.  The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of rules in establishing or amending any such schedule of fees;

2.  The Board shall base its schedule of fees for each environmental function or program upon the reasonable costs of operating such environmental functions or programs, including, but not limited to, the costs of administration, personnel, office space, equipment, training, travel, inspection and review rendered in connection with each such function or program;

3.  The Board shall promulgate rules establishing fee schedules for services, functions and programs within the advisory jurisdiction of a Council created by this Code only upon receipt of fee schedule recommendations from such Council;

4.  Any facility exempt from the requirement to obtain a permit based on date of construction or start-up may be assessed an annual permit renewal fee equivalent; and

5.  The Department shall expend monies received from permit, license and certification programs, including but not limited to application, review, inspection, monitoring and operating fees, only on the direct or indirect costs of the specific programs from which such monies originate.

B.  The Board shall establish a schedule of fees to be charged for services including, but not limited to, searches, compilations, certifications or reproduction of maps and publications, transcripts, blueprints, computer data, electronic recordings or documents.  Such fees shall be based on the actual cost to the Department for the provision of such services.

C.  The Board shall promulgate a schedule of fees for the provision of services to validate reports from facilities required to report, but not merely to notify, under the Oklahoma Hazardous Materials Planning and Notification Act.

D.  The Board's authority to establish fee schedules by rule shall extend to all programs administered by the Department, regardless of whether the statutes creating such programs are codified in Title 27A of the Oklahoma Statutes.

Added by Laws 1993, c. 145, § 24, eff. July 1, 1993.

§27A-2-3-403.  Environmental Trust Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the "Environmental Trust Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of monies collected pursuant to the provisions of Section 354 of Title 17 of the Oklahoma Statutes for deposit in the Environmental Trust Revolving Fund and monies received in the form of gifts, grants, reimbursements, and from any other source specified for the purposes specified by this section.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Department of Environmental Quality for matching federal funds available for environmental remediation and cleanup.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1993, c. 324, § 35, eff. July 1, 1993.

§27A-2-3-501.  Sampling, inspecting and investigating conditions relating to pollution or damage to natural resource - Power to enter - Federal Superfund sites - Record and reports - Administrative warrants.

A.  Any duly authorized representative of the Department of Environmental Quality shall have the power to enter at reasonable times upon any private or public property for the purpose of sampling, inspecting and investigating conditions relating to pollution, damage to natural resources or the possible pollution of any air, land or waters of the state or the environment or relating to any other environmental or permitting responsibility authorized by law.

B.  If the property to be entered has been identified on the federal National Priority List as a Superfund site or otherwise identified for an action under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C., Section 9601 et seq.) and the Department of Environmental Quality has been designated by the United States Environmental Protection Agency as lead agency for CERCLA activities at the site, any duly authorized representative of the Department shall have the power, in addition to the powers listed in subsection A of this section, to enter for purposes of conducting those CERCLA activities or to prevent unreasonable interference with such activities or remedies.  The Department may seek administrative or judicial remedies for any person's refusal to allow, or interference with, entry for this purpose.

C.  The Department may require the establishment and maintenance of records and reports relating to any activity regulated by the Department.  Copies of such records shall be submitted to the Department on request.  Any authorized representative of the Department shall be allowed access and may examine such reports or records.

D.  The Department may apply to and obtain from a judge of the district court, an order authorizing an administrative warrant to enforce access to premises for sampling, investigation, inquiry and inspection under the provisions of this Code and the rules promulgated by the Board.  Failure to obey an administrative warrant of the district court may be punished by the district court as a contempt of court.

E.  The Executive Director may appoint commissioned peace officers, certified by the Council on Law Enforcement Education and Training, to investigate environmental crimes.  Peace officers who become employed under this section who have service credit in the Oklahoma Law Enforcement Retirement System may, within thirty (30) days after becoming employed, elect to continue membership in the Oklahoma Law Enforcement Retirement System; otherwise they shall be eligible to enroll only in the Oklahoma Public Employees Retirement System.

Added by Laws 1972, c. 242, § 9.  Amended by Laws 1993, c. 145, § 25, eff. July 1, 1993.  Renumbered from § 926.9 of Title 82 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 9, eff. July 1, 1993; Laws 1995, c. 285, § 22, eff. July 1, 1995; Laws 2004, c. 141, § 1, eff. Nov. 1, 2004; Laws 2005, c. 1, § 23, emerg. eff. March 15, 2005.

NOTE:  Laws 2004, c. 111, § 1 repealed by Laws 2005, c. 1, § 24, emerg. eff. March 15, 2005.

§27A-2-3-502.  Notice of Code violation - Administrative remedies, compliance - Penalties, corrective action.

A.  If upon inspection or investigation, or whenever the Department determines that there are reasonable grounds to believe that any person is in violation of this Code or any rule promulgated thereunder or of any order, permit or license issued pursuant thereto, the Department may give written notice to the alleged violator of the specific violation and of the alleged violator's duty to correct such violation immediately or within a set time period or both and that the failure to do so will result in the issuance of a compliance order.

B.  In addition to any other remedies provided by law, the Department may, after service of the notice of violation, issue a proposed compliance order to such person.  A proposed compliance order shall become a final order unless, no later than fifteen (15) days after the order is served, any respondent named therein requests an administrative enforcement hearing.

1.  The proposed compliance order may, pursuant to subsection K of this section:

a. assess an administrative penalty for past violations of this Code, rules promulgated thereunder, or the terms and conditions of permits or licenses issued pursuant thereto, and

b. propose the assessment of an administrative penalty for each day the respondent fails to comply with the compliance order.

2.  Such proposed order may specify compliance requirements and schedules, or mandate corrective action, or both.

C.  Failure to comply with a final compliance order, in part or in whole, may result in the issuance of an assessment order assessing an administrative penalty as authorized by law, or a supplementary order imposing additional requirements, or both.  Any proposed order issued pursuant to this subsection shall become final unless, no later than seven (7) days after its service, any respondent named therein requests an administrative enforcement hearing.

D.  Notwithstanding the provisions of subsection A and B of this section, the Executive Director, after notice and opportunity for an administrative hearing, may revoke, modify or suspend the holder's permit or license in part or in whole for cause, including but not limited to the holder's:

1.  Flagrant or consistent violations of this Code, of rules promulgated thereunder or of final orders, permits or licenses issued pursuant thereto;

2.  Reckless disregard for the protection of the public and the environment as demonstrated by noncompliance with environmental laws and rules resulting in endangerment of human health or the environment; or

3.  Actions causing, continuing, or contributing to the release or threatened release of pollutants or contaminants to the environment.

E.  Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or welfare or the environment, the Executive Director may without notice or hearing issue an order, effective upon issuance, reciting the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency.  Any person to whom such an order is directed shall comply therewith immediately but may request an administrative enforcement hearing thereon within fifteen (15) days after the order is served.  Such hearing shall be held by the Department within ten (10) days after receipt of the request.  On the basis of the hearing record, the Executive Director shall sustain or modify such order.

F.  Except as otherwise expressly provided by law, any notice of violation, order, or other instrument issued by or pursuant to authority of the Department may be served on any person affected thereby personally, by publication, or by mailing a copy of the notice, order, or other instrument by certified mail return-receipt requested directed to such person at his last-known post office address as shown by the files or records of the Department.  Proof of service shall be made as in the case of service of a summons or by publication in a civil action.  Such proof of service shall be filed in the Office of Administrative Hearings.

G.  Every certificate or affidavit of service made and filed shall be prima facie evidence of the facts therein stated.  A certified copy thereof shall have like force and effect.

H.  1.  The administrative hearings provided for in this section shall be conducted as individual proceedings in accordance with, and a record thereof maintained pursuant to, Article II of the Administrative Procedures Act, this Code and rules promulgated thereunder.  When a hearing is timely requested by a respondent pursuant to this section, the Department shall promptly conduct such hearing.

2.  Such hearing shall be conducted by an Administrative Law Judge or by the Executive Director.  When an Administrative Law Judge holds the hearing, such Judge shall prepare a proposed order and shall:

a. serve it on the parties, by regular mail, and may offer an opportunity for parties to file exceptions to the proposed order before a final order is entered in the event the Executive Director does not review the record, and

b. present the proposed order, the exceptions, if any, and the record of the matter to the Executive Director, or

c. present the proposed order and the record of the matter to the Executive Director for review and entry of a final order for any default, failure to appear at the hearing or if the parties by written stipulation waive compliance with subparagraph a of this paragraph.

3.  For administrative proceedings conducted by an Administrative Law Judge pursuant to this section, the Executive Director may adopt, amend or reject any findings or conclusions of the Administrative Law Judge or exceptions of any party and issue a final order accordingly, or may in his discretion remand the proceeding for additional argument or the introduction of additional evidence at a hearing held for the purpose.  A final order shall not be issued by the Executive Director until after:

a. the opportunity for exceptions has lapsed without receiving exceptions, or after exceptions, briefs and oral arguments, if any, are made, or

b. review of the record by the Executive Director.

4.  Any order issued by the Department shall become final upon service.

I.  Any party aggrieved by a final order may petition the Department for rehearing, reopening or reconsideration within ten (10) days from the date of the entry of the final order.  Any party aggrieved by a final order, including the Attorney General on behalf of the state, may, pursuant to the Administrative Procedures Act, petition for a judicial review thereof.

J.  If the Attorney General seeks redress on behalf of the state, as provided for in subsection I of this section, the Executive Director is empowered to appoint a special counsel for such proceedings.

K.  1.  Unless specified otherwise in this Code, any penalty assessed or proposed in an order shall not exceed Ten Thousand Dollars ($10,000.00) per day of noncompliance.

2.  The determination of the amount of an administrative penalty shall include, but not be limited to, the consideration of such factors as the nature, circumstances and gravity of the violation or violations, the economic benefit, if any, resulting to the respondent from the violation, the history of such violations and respondent's degree of culpability and good faith compliance efforts.  For purposes of this section, each day, or part of a day, upon which such violation occurs shall constitute a separate violation.

L.  Notwithstanding the provisions of subsections A and B of this section, the Department may, within three (3) years of discovery, apply for the assessment of an administrative penalty for any violation of this Code, or rules promulgated thereunder or permits or licenses issued pursuant thereto.

M.  Any order issued pursuant to this section may require that corrective action be taken.  If corrective action must be taken on adjoining property, the owner of such adjoining property shall not give up any right to recover damages from the responsible party by allowing corrective action to occur.

N.  Inspections, investigations, administrative enforcement hearings and other administrative actions or proceedings pursuant to the Code shall not be the basis for delaying judicial proceedings between private parties involving the same subject matter.

Added by Laws 1993, c. 145, § 26, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 6, eff. July 1, 1994; Laws 1999, c. 381, § 5, emerg. eff. June 8, 1999.

§27A-2-3-503.  Notice of complaint - Opportunity to provide written information pertinent to complaint.

If the Department undertakes an enforcement action as a result of a complaint, the Department shall notify the complainant of the enforcement action by mail and offer the complainant an opportunity to provide written information pertinent to the complaint within fourteen (14) calendar days after the date of the mailing.

Added by Laws 1993, c. 145, § 27, eff. July 1, 1993.

§27A-2-3-504.  Violation of Code, order, permit or license or rule - Penalties and remedies.

A.  Except as otherwise specifically provided by law, any person who violates any of the provisions of, or who fails to perform any duty imposed by, the Oklahoma Environmental Quality Code or who violates any order, permit or license issued by the Department of Environmental Quality or rule promulgated by the Environmental Quality Board pursuant to this Code:

1.  Shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than Two Hundred Dollars ($200.00) for each violation and not more than Ten Thousand Dollars ($10,000.00) for each violation or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment;

2.  May be punished in civil proceedings in district court by assessment of a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each violation;

3.  May be assessed an administrative penalty pursuant to Section  2-3-502 of this title not to exceed Ten Thousand Dollars ($10,000.00) per day of noncompliance; or

4.  May be subject to injunctive relief granted by a district court.  A district court may grant injunctive relief to prevent a violation of, or to compel a compliance with, any of the provisions of this Code or any rule promulgated thereunder or order, license or permit issued pursuant to this Code.

B.  Nothing in this part shall preclude the Department from seeking penalties in district court in the maximum amount allowed by law.  The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of this Code.

C.  Any person assessed an administrative or civil penalty shall be required to pay, in addition to such penalty amount and interest thereon, attorneys fees and costs associated with the collection of such penalties.

D.  For purposes of this section, each day or part of a day upon which such violation occurs shall constitute a separate violation.

E.  The Attorney General or the district attorney of the appropriate district court of Oklahoma may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of this Code or any rule promulgated thereunder, or order, license or permit issued pursuant thereto.

F.  1.  Any action for injunctive relief to redress or restrain a violation by any person of this Code or of any rule promulgated thereunder, or order, license, or permit issued pursuant thereto or for recovery of any administrative or civil penalty assessed pursuant to this Code may be brought by:

a. the district attorney of the appropriate district court of the State of Oklahoma,

b. the Attorney General on behalf of the State of Oklahoma, or

c. the Department on behalf of the State of Oklahoma.

2.  The court shall have jurisdiction to determine said action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

3.  In any judicial action in which the Department seeks injunctive relief and alleges by verified petition that:

a. the defendant's actions or omissions constitute a violation of the Code or a rule, order, license or permit, and

b. the actions or omissions present an imminent and substantial endangerment to health or the environment if allowed to continue during the pendency of the action,

the Department shall be entitled to obtain a temporary order or injunction to prohibit such acts or omissions to the extent they present an imminent and substantial endangerment to health or the environment.  Such temporary order or injunction shall remain in effect during the pendency of the judicial action until superseded or until such time as the court finds that the criteria of subparagraphs a and b of this paragraph no longer exist.  If a temporary order or injunction has been issued without prior hearing, the court shall schedule a hearing within twenty (20) days after issuance of the temporary order to determine whether the temporary order should be lifted and a preliminary injunction should issue.  The Department shall bear the burden of proof at such hearing.

4.  It shall be the duty of the Attorney General and district attorney to bring such actions, if requested by the Executive Director of the Department.

G.  Except as otherwise provided by law, administrative and civil penalties shall be paid into the Department of Environmental Quality Revolving Fund.

H.  In determining the amount of a civil penalty the court shall consider such factors as the nature, circumstances and gravity of the violation or violations, the economic benefit, if any, resulting to the defendant from the violation, the history of such violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the defendant, the defendant's degree of culpability, and such other matters as justice may require.

I.  In addition to or in lieu of any administrative enforcement proceedings available to the Department, the Department may take or request civil action or request criminal prosecution, or both, as provided by law for any violation of this Code, rules promulgated thereunder, or orders issued, or conditions of permits, licenses, certificates or other authorizations prescribed pursuant thereto.

Added by Laws 1993, c. 145, § 28, eff. July 1, 1993.  Amended by Laws 1998, c. 186, § 1, eff. Nov. 1, 1998.

§27A-2-3-505.  Fraud or misrepresentation - Additional penalties.

In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation or certification in, or omits material data from, any application for a permit, license, certificate or other authorization, or any notice, analyses or report required by this Code, rules promulgated thereunder or any permit, license, certificate or other authorization issued pursuant thereto, or knowingly misrepresents or omits material data in such report to any person relying on such report or who alters any sample or knowingly renders inaccurate any monitoring device or method required to be maintained by such Code, rules, permits, licenses, certificates or authorization, or with regard to owners and employees of laboratories certified by the Department, misrepresents or omits material data from any report or analyses submitted to any person relying on such data because of the laboratory's certification shall, upon conviction, be guilty of a misdemeanor and may be subject to a fine of not more than Five Thousand Dollars ($5,000.00) for each such violation.

Added by Laws 1993, c. 145, § 29, eff. July 1, 1993.

§27A-2-3-506.  Violations, remedies and penalties cumulative.

A.  It is the purpose of this Code to provide additional and cumulative remedies to prevent, abate and control pollution.  Nothing contained in this Code shall be construed to abridge or alter rights of action or remedies under the common law or statutory law, criminal or civil; nor shall any provision of this Code, or any act done by virtue thereof, be construed as estopping the state, or any municipality or person in the exercise of their rights under the common law to suppress nuisances or to abate pollution.  Nothing in this Code shall in any way impair or affect a person's right to recover damages for pollution.

B.  Nothing in this Code shall be construed to preclude the disposition of any matter by stipulation, agreed settlement, consent order or default.

C.  Unless otherwise specified, the violations, remedies and penalties contained in this Code are in addition to those in the Environmental Crimes Act and other Oklahoma law.  The specific enforcement provisions of other articles of this Code shall control over the provisions of this part when inconsistent.

D.  The provisions of this part shall extend to all programs administered by the Department regardless of whether the statutes creating such program are codified in Title 27A of the Oklahoma Statutes.

Added by Laws 1993, c. 145, § 30, eff. July 1, 1993.

§27A-2-3-507.  Compliance schedules.

Political subdivisions may, when compliance with environmental standards would create excessive debt, enter into compliance schedules with the Department of Environmental Quality to prioritize compliance based on their greatest environmental or other public health and safety needs.  Excessive debt is indicated when the work needed for compliance would require a capital cost or user charge significantly beyond the per-household cost for similar sized communities within the state.  Penalties shall not be assessed if a political subdivision complies with the schedule authorized by the Department.

Added by Laws 1997, c. 53, § 1, emerg. eff. April 8, 1997.

§27A-2-4-101.  Definitions.

As used in this article:

1.  "Acceptable results" means a result within limits determined on the basis of statistical procedures as prescribed by the Department;

2.  "Accreditation" means the act of certifying that a laboratory maintains suitable standards and includes primary accreditation and reciprocity accreditation;

3.  "Analyte" means the characteristics of a laboratory sample determined by an analytic laboratory testing procedure;

4.  "Department" means the Department of Environmental Quality;

5.  "Evaluation" means a review of the quality control and quality assurance procedures, recordkeeping, reporting procedures, methodology, personal qualifications, equipment, facilities and analytical technique of a laboratory for measuring or establishing specific parameters;

6.  "Laboratory" means a facility that performs analyses to determine the chemical, physical, or biological properties of air, water, solid waste, hazardous waste, wastewater, or soil or subsoil materials or performs any other analyses related to environmental quality evaluations; and

7.  "Letters of accreditation" means a document issued by the Department showing those analytes for which a laboratory is accredited.

Added by Laws 1993, c. 145, § 31, eff. July 1, 1993.  Amended by Laws 1998, c. 109, § 1, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 2, emerg. eff. April 22, 2003.

§27A-2-4-201.  Services and analyses - Rules - Fee schedule - Contracts.

A.  The Department of Environmental Quality is authorized to acquire, operate and maintain laboratories to analyze samples to:

1.  Obtain factual data to support any order, permit, function or program of the Department;

2.  Provide laboratory service for individuals, cities, towns, counties, tribes, state institutions and other state and federal agencies; and

3.  Provide such services and perform such other analyses as is necessary to implement and enforce the programs and functions under the jurisdiction of the Department pursuant to this Code.

B.  The Board of Environmental Quality shall promulgate rules for laboratory services under this Code.  The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of such rules.

C.  1.  The Board, pursuant to the Administrative Procedures Act, shall promulgate as a rule a fee schedule based on actual cost of analyses and the costs of the provision of laboratory services.  The schedule shall include fees for specific analytes and procedures.

2.  Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall only be used by the Department in administering the Department's environmental laboratory.

D.  The Department may, if necessary to meet the demand for laboratory services, contract, pursuant to the provisions of the Central Purchasing Act, for the performance of analyses with laboratories accredited by the Department.

Added by Laws 1963, c. 325, art. 9, § 905, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 32, eff. July 1, 1993.  Renumbered from § 1-905 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 2003, c. 118, § 3, emerg. eff. April 22, 2003; Laws 2004, c. 381, § 3, emerg. eff. June 3, 2004.

§27A-2-4-301.  Duties of Department.

The Department of Environmental Quality is hereby designated as the administrative agency for national environmental laboratory accreditation programs and shall:

1.  Establish and administer the state water quality and environmental laboratory accreditation programs for laboratories which apply; and

2.  Issue, modify, renew, reinstate, revoke, or suspend the accreditation of a laboratory or deny a new or renewal accreditation application.

Added by Laws 1993, c. 145, § 33, eff. July 1, 1993.  Amended by Laws 1998, c. 109, § 2, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 4, emerg. eff. April 22, 2003.

§27A-2-4-302.  Promulgation of rules - Fee schedule - Disposition of fees.

A.  The Board of Environmental Quality shall promulgate rules for accreditation of privately and publicly owned laboratories for performance of environmental analyses.  The Board may also promulgate rules which adopt standards of a national environmental laboratory accreditation program and the United States Environmental Protection Agency by reference.

B.  The Board, pursuant to Section 2-2-101 of this title and the Administrative Procedures Act, shall promulgate rules for the assessment of reasonable fees to participating laboratories for the administrative costs of the accreditation program.

C.  Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall only be used by the Department in administering the Department's laboratory accreditation program.

Added by Laws 1993, c. 145, § 34, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 17, eff. July 1, 1993; Laws 1998, c. 109, § 3, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 5, emerg. eff. April 22, 2003.

§27A-2-4-303.  Applications for accreditation - Form and manner - On-site evaluations - Issuance or denial of accreditation.

A.  Applications for accreditation shall be made in the form and manner established by the Department of Environmental Quality.

B.  The Department may make on-site evaluations of applicant laboratories.

C.  1.  Based upon completion of the criteria evaluation by the Department or other evaluations, the Department shall either issue or deny accreditation to an applicant laboratory.

2.  Only those laboratories that meet Department rules shall be accredited.  Letters of accreditation shall be issued only for the categories or analytes for which the capabilities and adequacy of the laboratory have been demonstrated.

3.  Causes for denial of an application shall include, but not be limited to, the misrepresentation of or the omission of fact or facts from any accreditation application or the failure to demonstrate compliance with Board rules.  If accreditation is denied, the Department shall give written notice to the applicant of such denial and the reasons therefor.

Added by Laws 1993, c. 145, § 35, eff. July 1, 1993.  Amended by Laws 2003, c. 118, § 6, emerg. eff. April 22, 2003.

§27A-2-4-304.  Acceptance of reports or laboratory analyses performed by accredited laboratories.

A.  The Department of Environmental Quality shall accept reports or laboratory analyses performed by accredited laboratories but may reject analyses that were not performed in compliance with the Department's rules or the laboratory's accreditation.  The Department may require that reports or laboratory analyses which are submitted pursuant to this Code, rules promulgated or permits and orders issued pursuant thereto shall be performed by laboratories accredited by the Department if the submission of reports or laboratory analyses performed by an accredited laboratory is specifically required or authorized by this Code, rules promulgated thereto or federal law or federal regulations.

B.  The Department shall accept laboratory reports and analyses prepared and performed by Department-certified laboratory operators for operational testing of municipal wastewater treatment systems and water supply systems provided that the analyses were performed in compliance with the Department's rules or the terms of the laboratory operator's certification.

C.  Acceptance of such reports or analyses shall not preclude the Department from declining for cause to rely on such results or from requiring additional laboratory analyses or reports from the person submitting such analyses or reports.

Added by Laws 1993, c. 145, § 36, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 18, eff. July 1, 1993; Laws 2003, c. 118, § 7, emerg. eff. April 22, 2003.

§27A-2-4-305.  Suspension, revocation, or refusal to renew laboratory accreditation.

A.  The Department of Environmental Quality may suspend, revoke, or refuse to renew in part or in whole the accreditation of any laboratory which does not continue to comply with Board of Environmental Quality rules or conditions of accreditation, or for cause, including but not limited to:

1.  The knowing and willful falsification of data submitted to the Department;

2.  The misrepresentation or omission of material data in any report submitted to any person relying on such report because of the laboratory's accreditation;

3.  Failure to maintain or utilize approved quality control procedures, recordkeeping, reporting procedures, methodology, personnel requirements, equipment, facilities or analytical techniques on which the accreditation was issued;

4.  Failure to achieve acceptable results on proficiency testing samples; or

5.  For laboratories holding Department-issued accreditation, the expiration, suspension or revocation of the laboratory's reciprocal out-of-state certification or accreditation.

B.  The Department may conduct on-site evaluations of accredited laboratories.

Added by Laws 1993, c. 145, § 37, eff. July 1, 1993.  Amended by Laws 1998, c. 109, § 4, emerg. eff. April 13, 1998; Laws 2003, c. 118, § 8, emerg. eff. April 22, 2003.

§27A-2-5-101.  Citation.

This article may be cited as the "Oklahoma Clean Air Act".

Added by Laws 1967, c. 80, § 1, emerg. eff. April 18, 1967.  Renumbered from Title 63, § 2001 by Laws 1978, c. 62, § 2.  Amended by Laws 1993, c. 145, § 38, eff. July 1, 1993.  Renumbered from Title 63, § 1-1801 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-102.  Purpose - Definitions - Administrative agency - Rules and regulations - Air Quality Council - Chief of Air Quality Service - Complaints and investigations - Hearings - Variances - Violations - Penalties - Cooperation among agencies.

It is the purpose of the Oklahoma Clean Air Act to provide the means to achieve and maintain atmospheric purity necessary for the protection and enjoyment of human, plant or animal life and property in this state consistent with and limited by generally accepted social standards and requirements, desired employment and industrial development, area conditions, and the availability of economic and feasible controls.

Added by Laws 1967, c. 80, § 2, emerg. eff. April 18, 1967.  Amended by Laws 1971, c. 347, § 1, operative July 1, 1971; Laws 1975, c. 333, § 1, emerg. eff. June 12, 1975; Laws 1978, c. 62, § 1.  Renumbered from Title 63, § 2002 by Laws 1978, c. 62, § 2.  Amended by Laws 1981, c. 186, § 1, emerg. eff. May 20, 1981; Laws 1983, c. 333, § 22, emerg. eff. June 29, 1983; Laws 1985, c. 178, § 44, operative July 1, 1985; Laws 1992, c. 215, § 1, emerg. eff. May 15, 1992; Laws 1993, c. 145, § 39, eff. July 1, 1993.  Renumbered from Title 63, § 1-1802 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-103.  Municipal regulation - Powers of State Board of Agriculture.

A.  1.  Nothing in the Oklahoma Clean Air Act:

a. shall prevent cities, towns and counties from enacting ordinances or codes with respect to air pollution which will not conflict with the provisions of the Oklahoma Clean Air Act and which contain provisions more stringent than those fixed by the operation of the Oklahoma Clean Air Act; provided, however, that any city or town which has a population of less than three hundred thousand (300,000) persons according to the most current census shall not enforce any ordinance or code regarding air pollution containing more stringent provisions unless and until such ordinance or code is reviewed by the Council and approved as to its reasonableness and technical feasibility.

b. shall prevent cities and towns from summarily abating public nuisances as now provided by law.

2.  This subsection shall not apply to any air pollution ordinances or codes enacted by cities, towns or counties and in effect prior to May 15, 1992.

B.  Except for authority regarding abatement of public nuisances, no city, town, municipality, county or other political subdivision shall enact or enforce any code, ordinance or rule which is more stringent than, or which is in conflict with any state or federal law, code or rule concerning the utilization of fuel in any flange-wheeled railroad rolling stock or which attempts to regulate or affect the emissions therefrom.

C.  The Oklahoma Clean Air Act shall not be construed to limit, modify, or repeal or affect in any way the powers, duties or functions of the State Board of Agriculture, except to the extent necessary to comply with the Federal Clean Air Act.

Added by Laws 1967, c. 80, § 3, emerg. eff. April 18, 1967.  Renumbered from § 2003 of this title by Laws 1978, c. 62, § 2.  Amended by Laws 1993, c. 145, § 40, eff. July 1, 1993.  Renumbered from Title 63, § 1-1803 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 10, eff. July 1, 1993.

§27A-2-5-104.  Definitions.

As used in the Oklahoma Clean Air Act:

1.  "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source;

2.  "Air contaminants" means the presence in the outdoor atmosphere of fumes, aerosol, mist, gas, smoke, vapor, particulate matter or any combination thereof which creates a condition of air pollution;

3.  "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as tend to be or may be injurious to human, plant or animal life or to property, or which interfere with the comfortable enjoyment of life and property, excluding, however, all conditions pertaining to employeremployee relations;

4.  "Ambient air" means the surrounding outdoor air;

5.  "Chair" means the Chair of the Air Quality Council;

6.  "Council" means the Air Quality Council;

7.  "Director" means the Director of Air Quality Division;

8.  "Emission" means the release or discharge of any air contaminant or potential air contaminant into the ambient air;

9.  "Federal Clean Air Act" means the Federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended, including the Federal Clean Air Act Amendments of 1990;

10.  "Hazardous air pollutant" means any air pollutant listed and regulated pursuant to subsection (b) of Section 112 of the Federal Clean Air Act;

11.  "Hearing officer" means a person appointed to preside at public hearings held pursuant to this article;

12.  "Panel" means the Compliance Advisory Panel;

13.  "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, municipality or any other legal entity, or their representative, agent or assign;

14.  "Regulated substance" means any substance, including extremely hazardous substances, listed and regulated pursuant to Section 112(r) (3) of the Federal Clean Air Act;

15.  "Small Business Stationary Source" means a stationary source as defined in Section 507 (c) of the Federal Clean Air Act;

16.  "Toxic air contaminant" means any substance determined to be highly toxic, moderately toxic, or of low toxicity pursuant to criteria set forth by rule.  The term shall not be construed to include pollutants for which a primary and secondary ambient air quality standard has been promulgated under the Federal Clean Air Act to the extent of the criteria for which they are listed; and

17.  "Trade secret" means information, including but not limited to a formula, pattern, compilation, program, device, method, technique or process, that:

a. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

b. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The term "trade secret" shall not be construed to include data concerning the amount, emission rate or identification of any air contaminant emitted by any source, nor shall it include the contents of any proposed or final permit.

Added by Laws 1992, c. 215, § 3, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 41, eff. July 1, 1993.  Renumbered from Title 63, § 1-1804.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-105.  Administrative agency - Powers and duties.

The Department of Environmental Quality is hereby designated the administrative agency for the Oklahoma Clean Air Act for the state.  The Department is empowered to:

1.  Establish, in accordance with its provisions, those programs specified elsewhere in the Oklahoma Clean Air Act;

2.  Establish, in accordance with the Oklahoma Clean Air Act, a permitting program for the state which will contain the flexible source operation provisions required by Section 502(b)(10) of the Federal Clean Air Act Amendments of 1990;

3.  Prepare and develop a general plan for proper air quality management in the state in accordance with the Oklahoma Clean Air Act;

4.  Enforce rules of the Board and orders of the Department and the Council;

5.  Advise, consult and cooperate with other agencies of the state, towns, cities and counties, industries, other states and the federal government, and with affected groups in the prevention and control of new and existing air contamination sources within the state;

6.  Encourage and conduct studies, seminars, workshops, investigations and research relating to air pollution and its causes, effects, prevention, control and abatement;

7.  Collect and disseminate information relating to air pollution, its prevention and control;

8.  Encourage voluntary cooperation by persons, towns, cities and counties, or other affected groups in restoring and preserving a reasonable degree of purity of air within the state;

9.  Represent the State of Oklahoma in any and all matters pertaining to plans, procedures or negotiations for the interstate compacts in relation to the control of air pollution;

10.  Provide such technical, scientific or other services, including laboratory and other facilities, as may be required for the purpose of carrying out the provisions of the Oklahoma Clean Air Act, from funds available for such purposes;

11.  Employ and compensate, within funds available therefor, such consultants and technical assistants and such other employees on a full or parttime basis as may be necessary to carry out the provisions of the Oklahoma Clean Air Act and prescribe their powers and duties;

12.  Accept and administer grants or other funds or gifts for the purpose of carrying out any of the functions of the Oklahoma Clean Air Act;

13.  Budget and receive duly appropriated monies and all other monies available for expenditures to carry out the provisions and purposes of the Oklahoma Clean Air Act;

14.  Bring appropriate court action to enforce the Oklahoma Clean Air Act and final orders of the Department, and to obtain injunctive or other proper relief in the district court of the county where any alleged violation occurs or where such relief is determined necessary.  The Department, in furtherance of its statutory powers, shall have the independent authority to file an action pursuant to the Oklahoma Clean Air Act in district court.  Such action shall be brought in the name of the Department of Environmental Quality;

15.  Take such action as may be necessary to abate the alleged pollution upon receipt of evidence that a source of pollution or a combination of sources of pollution is presenting an immediate, imminent and substantial endangerment to the health of persons;

16.  Periodically enter and inspect at reasonable times or during regular business hours, any source, facility or premises permitted or regulated by the Department, for the purpose of obtaining samples or determining compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder or permit condition prescribed pursuant thereto, or to examine any records kept or required to be kept pursuant to the Oklahoma Clean Air Act.  Such inspections shall be conducted with reasonable promptness and shall be confined to those areas, sources, facilities or premises reasonably expected to emit, control, or contribute to the emission of any air contaminant;

17.  Require the submission or the production and examination, within a reasonable amount of time, of any information, record, document, test or monitoring results or emission data, including trade secrets necessary to determine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or any permit condition prescribed or order issued pursuant thereto.  The Department shall hold and keep as confidential any information declared by the provider to be a trade secret and may only release such information upon authorization by the person providing such information, or as directed by court order.  Any documents submitted pursuant to the Oklahoma Clean Air Act and declared to be trade secrets, to be so considered, must be plainly labeled by the provider, and be in a form whereby the confidential information may be easily removed intact without disturbing the continuity of any remaining documents.  The remaining document, or documents, as submitted, shall contain a notation indicating, at the place where the particular information was originally located, that confidential information has been removed.  Nothing in this section shall preclude an in-camera examination of confidential information by an Administrative Law Judge during the course of a contested hearing;

18.  Maintain and update at least annually an inventory of air emissions from stationary sources;

19.  Accept any authority delegated from the federal government necessary to carry out any portion of the Oklahoma Clean Air Act; and

20.  Carry out all other duties, requirements and responsibilities necessary and proper for the implementation of the Oklahoma Clean Air Act and fulfilling the requirements of the Federal Clean Air Act.

Added by Laws 1992, c. 215, § 4, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 42, eff. July 1, 1993.  Renumbered from § 1-1805.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1998, c. 314, § 6, eff. July 1, 1998; Laws 2002, c. 397, § 2, eff. Nov. 1, 2002.

NOTE:  Laws 1993, c. 47, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.

§27A-2-5-106.1.  Controlled open burning - Fire training.

A.  For purposes of this section, "open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.

B.  A municipal fire department may engage in controlled open burning of a structure for purposes of fire training if the records of the department document the purpose of the open burn and the following conditions are met:

1.  The municipal fire chief or designee shall provide notification of the planned open burn to the Department of Environmental Quality at least ten (10) days prior to the burning.  The notification shall be on a form developed by the Department, document that the provisions of this section are satisfied and be signed by the municipal fire chief;

2.  For any human-made structure, the entire structure, including, but not limited to, insulation, roofing, flooring, painted surfaces and plumbing, shall be examined for the presence of asphalt, asbestos and lead-containing materials.  All asphalt, asbestos and lead-containing materials shall be removed from the structure prior to the fire training.  Asbestos inspection and removal shall be conducted according to the requirements of federal law;

3.  Any human-made structure demolished pursuant to the provisions of this act shall not be demolished prior to the fire training.  Demolition shall not include structural deterioration due to natural causes;

4.  Prior to conducting any fire training involving a human-made structure located within three hundred (300) feet of another human-made structure, the municipality shall notify in writing the owners of the property located within three hundred (300) feet within ten (10) days prior to a meeting of the governing body of the municipality to provide an opportunity for public comment; and

5.  Following the completion of fire training, all debris resulting from the training must be disposed of in the appropriate manner.

C.  The Board of Environmental Quality shall have the authority to promulgate rules as may be necessary to implement the purposes of this section.

Added by Laws 2003, c. 238, § 1, eff. Nov. 1, 2003.

§27A-2-5-106.  Rules and regulations.

The Board is hereby authorized, after public rulemaking hearing and approval by the Council, to:

1.  Promulgate, amend or repeal rules for the prevention, control and abatement of air pollution and for establishment of health and safety tolerance standards for discharge of air contaminants to the atmosphere; and

2.  Promulgate such additional rules including but not limited to permit fees, as it deems necessary to protect the health, safety and welfare of the public and fulfill the intent and purpose of these provisions.

Added by Laws 1992, c. 215, § 5, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 43, eff. July 1, 1993.  Renumbered from Title 63, § 1-1806.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-107.  Air Quality Council - Powers and duties.

The powers and duties of the Council shall be as follows:

1.  The Council shall recommend to the Board rules or amendments thereto for the prevention, control and prohibition of air pollution and for the establishment of health and safety tolerances for discharge of air contaminants in the state as may be consistent with the general intent and purposes of the Oklahoma Clean Air Act.  The recommendations may include, but need not be limited to, rules required to implement the following:

a. a comprehensive state air permitting program,

b. an accidental release prevention program,

c. a program for the regulation and control of toxic and hazardous air contaminants,

d. a program for the regulation and control of acid deposition,

e. a small business program, and

f. a system of assessing and collecting fees;

2.  The Council shall recommend rules of practice and procedure applicable to proceedings before the Council;

3.  Before recommending any permanent rules, or any amendment or repeal thereof to the Board, the Council shall hold a public rulemaking hearing.  The Council shall have full authority to conduct such hearings, and may appoint a hearing officer;

4.  A rule, or any amendment thereof, recommended by the Council may differ in its terms and provisions as between particular conditions, particular sources, and particular areas of the state.  In considering rules, the Council shall give due recognition to the evidence presented that the quantity or characteristic of air contaminants or the duration of their presence in the atmosphere, which may cause a need for air control in one area of the state, may not cause need for air control in another area of the state.  The Council shall take into consideration, in this connection, all factors found by it to be proper and just, including but not limited to existing physical conditions, economic impact, topography, population, prevailing wind directions and velocities, and the fact that a rule and the degrees of conformance therewith which may be proper as to an essentially residential area of the state may not be proper either as to a highly developed industrial area of the state or as to a relatively unpopulated area of the state;

5.  Recommendations to the Board shall be in writing and concurred upon by at least five members of the Council;

6.  The Council shall have the authority and the discretion to provide a public forum for the discussion of issues it considers relevant to the air quality of the state, and to:

a. pass nonbinding resolutions expressing the sense of the Council,

b. make recommendations to the Department concerning the need and the desirability of conducting public meetings, workshops and seminars, and

c. hold public hearings to receive public comment in fulfillment of federal requirements regarding the State Implementation Plan and make recommendations to the Department concerning the plan; and

7.  The Council shall have the authority to conduct individual proceedings, to issue notices of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony and receive such pertinent and relevant proof as it may deem to be necessary, proper or desirable in order that it may effectively discharge its duties and responsibilities under the Oklahoma Clean Air Act.  The Council is also empowered to appoint an Administrative Law Judge to conduct individual proceedings and prepare such findings of fact, conclusions of law and proposed orders as they may require.  Upon issuance of a proposed order, the Council shall request that the Executive Director issue a final order in accordance with their findings or take such action as indicated and notify the respondent thereof in writing.

Added by Laws 1992, c. 215, § 7, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 44, eff. July 1, 1993.  Renumbered from Title 63, § 1-1808.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 7, eff. July 1, 1994.

§27A-2-5-108.  Director of Air Quality Program - Powers and duties.

A.  A Director of the Air Quality Program shall be appointed and employed by the Executive Director and shall have the following duties and powers:

1.  Perform those duties and responsibilities as may be assigned by the Executive Director and as may be required for carrying out the air pollution program of the Department;

2.  Attend, or designate an alternate to attend, all meetings of the Council and the Panel, but shall not be entitled to a vote;

3.  Serve or appoint a designee to serve as secretary to the Council and serve or appoint a designee to serve as secretary to the Panel;

B.  The Department shall:

1.  Make recommendations to the Council with respect to rules and air pollution prevention and abatement;

2.  Investigate citizen complaints, violations of the Oklahoma Clean Air Act and the rules promulgated thereunder, make inspections, observations and analyses of air pollution conditions; and make recommendations to the Council and to the Executive Director for the issuance of formal complaints and for the prosecution of such complaints by the Department;

3.  Keep a record of all meetings of the Council and the Panel; and

4.  Notify the members of the Council and the Panel of the time, place and purpose of their respective meetings.

Added by Laws 1992, c. 215, § 8, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 45, eff. July 1, 1993.  Renumbered from Title 63, § 1-1809 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 11, eff. July 1, 1993.

§27A-2-5-109.  Variances - Petition - Incremental compliance schedule - Final order - Periodic reports.

A.  Any person seeking a variance from any provision of the Oklahoma Clean Air Act, or from any applicable air quality rule, shall do so by filing a petition for variance with the Department, who shall promptly investigate such petition and make a recommendation to the Council as to the disposition thereof.  Upon receiving the recommendation of the Department, the Council may, in its discretion, determine whether or not an administrative hearing is necessary in granting a variance.  Such hearing shall be held as provided in the Administrative Procedures Act, except the burden of proof shall be on the petitioner.  The petitioner shall be notified by the Department of the time and place of the administrative hearing.

B.  The Council may grant individual variances beyond the limitations prescribed in the Oklahoma Clean Air Act, whenever it is found, upon presentation of adequate proof, that compliance with any provision of the Oklahoma Clean Air Act, or any rule promulgated thereunder, will result in an arbitrary and unreasonable taking of property or in the practical closing and elimination of any lawful business, occupation or activity, in either case without sufficient corresponding benefit or advantage to the people, the environment or to public health.  The Council may also propose rules applicable to such variances.

C.  In determining under what conditions and to what extent a variance from the Oklahoma Clean Air Act or any rule promulgated thereunder may be granted, the Council shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing air pollution.  In such a case, the Council shall consider the reasonableness of granting a variance conditioned upon such person effecting a partial abatement of the particular air pollution over a period of time which it shall consider reasonable under the circumstances.

D.  If the Council deems proper, such an incremental compliance schedule may be imposed and shall contain a date or dates certain by which compliance with otherwise applicable rules or provisions of the Oklahoma Clean Air Act shall be achieved.  The Council may also include provisions whereby a penalty of up to Ten Thousand Dollars ($10,000.00) per day may be assessed for failure to achieve compliance by the date(s) specified in the compliance schedule, if any, and taking into account conditions beyond the control of the applicant.

E.  The Council, in conformity with the intent and purpose of the Oklahoma Clean Air Act to protect health, welfare and property, may also prescribe other and different requirements with which the person who receives such variance shall comply.

F.  Any variance granted pursuant to the provisions of this section shall constitute a final order, shall be in writing, and shall be granted for a period of time not to exceed three (3) years.  Any variance so granted shall require to be submitted to the  Department such periodic reports as the Council shall specify as to the progress which such person shall have made toward compliance with any rule as to which a variance has been granted.  Such variance may, for good cause shown, be extended on a year-to-year basis by affirmative action of the Council.

G.  Nothing in this section shall be construed to preclude the informal disposition of any matter by stipulation, agreed settlement, consent order or default.

Added by Laws 1992, c. 215, § 9, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 46, eff. July 1, 1993.  Renumbered from Title 63, § 1-1810 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 12, eff. July 1, 1993.

§27A-2-5-110.  Violations - Compliance orders - Administrative penalties - Notice and hearing - Burden of proof - Settlements or consent orders.

A.  In addition to any other remedy provided for by law, the Department may issue a written order to any person whom the Department has reason to believe has violated, or is presently in violation of, the Oklahoma Clean Air Act or any rule promulgated by the Board, any order of the Department or Council, or any condition of any permit issued by the Department pursuant to the Oklahoma Clean Air Act, and to whom the Department has served, no less than fifteen (15) days previously, a written notice of violation.  The Department shall by conference, conciliation and persuasion provide the person a reasonable opportunity to eliminate such violations, but may, however, reduce the fifteen-day notice period as in the opinion of the Department may be necessary to render the order reasonably effectual.

B.  Such order may require compliance immediately or within a specified time period or both.  The order, notwithstanding any restriction contained in subsection A of this section, may also assess an administrative penalty for past violations occurring no more than five (5) years prior to the date the order is filed with the Department, and for each day or part of a day that such person fails to comply with the order.

C.  Any order issued pursuant to this section shall state with specificity the nature of the violation or violations, and may impose such requirements, procedures or conditions as may be necessary to correct the violations.  The Department may also order any environmental contamination having the potential to adversely affect the public health, when caused by the violations, to be corrected by the person or persons responsible.

D.  Any penalty assessed in the order shall not exceed Ten Thousand Dollars ($10,000.00) per day for each violation.  In assessing such penalties, the Department shall consider the seriousness of the violation or violations, any good faith efforts to comply, and other factors determined by rule to be relevant.  A final order following an enforcement hearing may assess an administrative penalty of an amount based upon consideration of the evidence but not exceeding the amount stated in the written order.

E.  Any order issued pursuant to this section shall become a final order, unless no later than fifteen (15) days after the order is served the person or persons named therein request in writing an enforcement hearing.  Said order shall contain language to that effect.  Upon such request, the Department shall promptly schedule the enforcement hearing before an Administrative Law Judge for the Department and notify the respondent.

F.  At all proceedings with respect to any alleged violation of the Oklahoma Clean Air Act, or any rule promulgated thereunder, the burden of proof shall be upon the Department.

G.  Nothing in this section shall be construed to limit the authority of the Department to enter into an agreed settlement or consent order with any respondent.

Added by Laws 1992, c. 215, § 10, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 47, eff. July 1, 1993.  Renumbered from § 1-1811 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 13, eff. July 1, 1993; Laws 1999, c. 131, § 1, eff. Nov. 1, 1999; Laws 2001, c. 109, § 1, emerg. eff. April 18, 2001.

§27A-2-5-111.  Field citations - Election of penalty or hearing - Qualifications of persons issuing citations.

A.  The Department of Environmental Quality shall have the authority, pursuant to rules of the Board, to implement a field citation program establishing appropriate violations for which field citations assessing administrative penalties may be issued.  No citation shall assess a penalty in excess of One Thousand Dollars ($1,000.00) per day, or part of a day, per violation, nor exceed a combined limit of Five Thousand Dollars ($5,000.00) per day.  Provided further, no field citation shall be valid unless reviewed for legal sufficiency within ten (10) days of issuance.

1.  Any person to whom a field citation is issued may elect to pay the penalty assessment or to request an enforcement hearing.  The assessment shall become final and payable unless the request for hearing is made in writing within fifteen (15) days of the citation.  Upon such request, the Department shall promptly schedule the enforcement hearing before an administrative law judge for the Department and notify the respondent.

2.  Payment of a penalty required by a field citation shall not be construed as an admission of liability or guilt and shall preclude further assessment of administrative penalties for the same violation.  It shall not, however, be a defense to further enforcement by the Department for a subsequent violation or to an assessment of the statutory maximum penalty for criminal violations pursuant to other authority in the Oklahoma Clean Air Act.

3.  In determining the amount of any penalty to be assessed pursuant to this section, the person issuing a field citation shall take into account the seriousness of the violation, any good faith efforts to comply with applicable requirements and other factors determined by rule to be relevant.

B.  Qualifications of persons authorized to issue field citations shall be set by the Department, but shall include as a minimum:

1.  Completion of a special course of study developed by the Department specifically for the training of persons for this purpose;

2.  A minimum of three (3) years' experience in the air quality service enforcement program;

3.  A job classification commensurate with the duties and responsibilities of the individual; and

4.  Approval by the Executive Director.

Added by Laws 1992, c. 215, § 11, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 48, eff. July 1, 1993.  Renumbered from § 1-1812 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 14, eff. July 1, 1993; Laws 2003, c. 118, § 9, emerg. eff. April 22, 2003.

§27A-2-5-112.1.  Repealed by Laws 1994, c. 373, § 31, eff. July 1, 1996.

§27A-2-5-112.  Comprehensive permitting program - Issuance, denial or renewal.

A.  Upon the effective date of permitting rules promulgated pursuant to the Oklahoma Clean Air Act, it shall be unlawful for any person to construct any new source, or to modify or operate any new or existing source of emission of air contaminants except in compliance with a permit issued by the Department of Environmental Quality, unless the source has been exempted or deferred or is in compliance with an applicable deadline for submission of an application for such permit.

B.  The Department shall have the authority and the responsibility, in accordance with rules of the Environmental Quality Board, to implement a comprehensive permitting program for the state consistent with the requirements of the Oklahoma Clean Air Act.  Such authority shall include but shall not be limited to the authority to:

1.  Expeditiously issue, reissue, modify and reopen for cause, permits for new and existing sources for the emission of air contaminants, and to grant a reasonable measure of priority to the processing of applications for new construction or modifications.  The Department may also revoke, suspend, deny, refuse to issue or to reissue a permit upon a determination that any permittee or applicant is in violation of any substantive provisions of the Oklahoma Clean Air Act, or any rule promulgated thereunder or any permit issued pursuant thereto;

2.  Refrain from issuing a permit when issuance has been objected to by the Environmental Protection Agency in accordance with Title V of the Federal Clean Air Act;

3.  Revise any permit for cause or automatically reopen it to incorporate newly applicable rules or requirements if the remaining permit term is greater than three (3) years; or incorporate insignificant changes into a permit without requiring a revision;

4.  Establish and enforce reasonable permit conditions which may include, but not be limited to:

a. emission limitations for regulated air contaminants,

b. operating procedures when related to emissions,

c. performance standards,

d. provisions relating to entry and inspections, and

e. compliance plans and schedules;

5.  Require, if necessary, at the expense of the permittee or applicant:

a. installation and utilization of continuous monitoring devices,

b. sampling, testing and monitoring of emissions as needed to determine compliance,

c. submission of reports and test results, and

d. ambient air modeling and monitoring;

6.  Issue:

a. general permits covering similar sources, and

b. permits to sources in violation, when compliance plans, which shall be enforceable by the Department, are incorporated into the permit;

7.  Require, at a minimum, that emission control devices on stationary sources be reasonably maintained and properly operated;

8.  Require that a permittee certify that the facility is in compliance with all applicable requirements of the permit and to promptly report any deviations therefrom to the Department;

9.  Issue permits to sources requiring permits under Title V of the Federal Clean Air Act for a term not to exceed five (5) years, except that solid waste incinerators may be allowed a term of up to twelve (12) years provided that the permit shall be reviewed no less frequently than every five (5) years;

10.  Specify requirements and conditions applicable to the content and submittal of permit applications; set by rule, a reasonable time in which the Department must determine the completeness of such applications; and

11.  Determine the form and content of emission inventories and require their submittal by any source or potential source of air contaminant emissions.

C.  Rules of the Board may set limits below which a source of air contaminants may be exempted from the requirement to obtain a permit or to pay any fee.  Any source so exempted, however, shall remain under jurisdiction of the Department and shall be subject to any applicable rules or general permit requirements.  Such rules shall not prohibit sawmill facilities from open burning any wood waste resulting from the milling of untreated cottonwood lumber in areas that have always attained ambient air quality standards.

D.  To ensure against unreasonable delay on the part of the Department, the failure of the Department to act in either the issuance, denial or renewal of a permit in a reasonable time, as determined by rule, shall be deemed to be a final permit action solely for purpose of judicial review under the Administrative Procedures Act, with regard to the applicant or any person who participated in the public review process.  The Supreme Court or the district court, as the case may be, may require that action be taken by the Department on the application without additional delay.  No permit, however, may be issued by default.

E.  The Department shall notify, or require that any applicant notify, all states whose air quality may be affected and that are contiguous to the State of Oklahoma, or are within fifty (50) miles of the source of each permit application or proposed permit for those sources requiring permits under Title V of the Federal Clean Air Act, and shall provide an opportunity for such states to submit written recommendations respecting the issuance of the permit and its terms and conditions.

F.  No person, including but not limited to the applicant, shall raise any reasonably ascertainable issue in any future proceeding, unless the same issues have been raised and documented before the close of the public comment period on the draft permit.

G.  A change in ownership of any facility or source subject to permitting requirements under this section shall not necessitate any action by the Department not otherwise required by the Oklahoma Clean Air Act.  Any permit applicable to such source at the time of transfer shall be enforceable in its entirety against the transferee in the same manner as it would have been against the transferor, as shall any requirement contained in any rule, or compliance schedule set forth in any variance or order regarding or applicable to such source.  Provided, however, no transferee in good faith shall be held liable for penalties for violations of the transferor unless the transferee assumes all assets and liabilities through contract or other means.  For the purposes of this subsection, good faith shall be construed to mean neither having actual knowledge of a previous violation nor constructive knowledge which would lead a reasonable person to know of the violation.  It shall be the responsibility of the transferor to notify the Department in writing within thirty (30) days of the change in ownership.

H.  Operating permits may be issued to new sources without public review upon a proper determination by the Department that:

1.  The construction permit was issued pursuant to the public review requirements of the Code and rules promulgated thereunder; and

2.  The operating permit, as issued, does not differ from the construction permit in any manner which would otherwise subject the permit to public review.

Added by Laws 1992, c. 215, § 12, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 49, eff. July 1, 1993.  Renumbered from § 1-1813 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 16, eff. July 1, 1994; Laws 1995, c. 285, § 2, eff. July 1, 1996; Laws 1999, c. 284, § 1, emerg. eff. May 27, 1999; Laws 2000, c. 6, § 7, emerg. eff. March 20, 2000; Laws 2004, c. 83, § 1, emerg. eff. April 13, 2004; Laws 2004, c. 381, § 4, emerg. eff. June 3, 2004.

NOTE:  Laws 1999, c. 131, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.

§27A-2-5-113.  Permit fees - Department of Environmental Quality Revolving Fund subaccount.

A.  Upon the effective date of rules promulgated pursuant to the Oklahoma Clean Air Act establishing a schedule of permit fees, the owner or operator of any source required to have a permit shall be subject to pay to the Department or, upon delegation, the appropriate city-county authority:

1.  A fee sufficient to cover the reasonable cost of reviewing and acting upon any application for a construction or operating permit for any new source or for the modification of any existing source;

2.  An annual operating permit fee sufficient to cover the reasonable costs, both direct and indirect, of implementing and enforcing the permit program authorized by the Oklahoma Clean Air Act and the Federal Clean Air Act, including, but not to be limited to:

a. the costs of reviewing and acting upon any permit renewal,

b. emissions and ambient monitoring, for those costs incurred under the permitting program,

c. preparing generally applicable rules or guidance,

d. modeling, monitoring, analyses and demonstrations,

e. preparing inventories and tracking emissions, and

f. inspections and enforcement.

B.  The annual operating fee may be imposed in graduated yearly increases as necessary to cover the above costs, but for any major source, affected source, or any source, including an area source, subject to standards or regulations under Section 111 or 112 of the Federal Clean Air Act, any source required to have a permit under parts C or D of Title I of the Federal Clean Air Act, or any other source as may be required to have a permit pursuant to the Federal Clean Air Act, the fee, beginning January 1, 1993, shall be Ten Dollars ($10.00) per ton of regulated air contaminant, due and payable upon receipt of invoice.  Thereafter, following rulemaking, the annual operating fee shall be Twenty-five Dollars ($25.00) per ton or such amount, either higher or lower, as is determined to adequately reflect the demonstrated reasonable costs of the operating permit program.  Fees may be based upon the amount of regulated air contaminant allowed by permit to be emitted, or upon actual emissions properly determined, or both; provided, however, that the rate per ton shall be the same whether applied to actual or to allowable emissions.  The applicant shall annually have the option to elect either actual or allowable emissions as the basis for calculating the operating fee.  For other sources subject to permitting requirements, fees may be assessed consistent with the criteria in subsection A of this section.  No fee, however, shall be required for the emission of carbon monoxide and no assessment shall be made for emissions in excess of four thousand (4,000) tons per contaminant per year per source, or any group or stationary sources located within a contiguous area and under common control.

C.  The fees authorized in this section shall be set forth by rule and shall preclude collection of any additional permitting fees by any other state or local governmental authority for emission of the same air contaminants.  Provided further, in the event that a particular substance may exhibit the characteristics of more than one type of regulated air contaminant, and to prevent a double fee from being assessed, the Department may assign only one single classification to that particular substance for fee assessment purposes.  For those sources subject to the fee specified in subsection B of this section, the rule shall further provide for the annual operating fee to be adjusted automatically each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989.  For the purposes of this subsection:

1.  The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all urban consumers published by the Department of Labor as of the close of the twelve-month period ending on August 31 of each calendar year; and

2.  The revision of the Consumer Price Index which is the most consistent with the Consumer Price Index for calendar year 1989 shall be used.

D.  Any fee not received by the Department within the prescribed time period allotted for payment, unless a lesser amount shall be provided for by rule, shall be subject to a one and one-half percent (1 1/2%) per month penalty.

E.  There is hereby created within the Department of Environmental Quality Revolving Fund, a subaccount which shall consist of all permit fees collected by the Department pursuant to Title V of the federal Clean Air Act as authorized by the Oklahoma Clean Air Act.  All monies accruing to the credit of such subaccount shall be budgeted and expended by the Department for the sole purpose of implementing the permit program as set forth in Title V of the Federal Clean Air Act and the Oklahoma Clean Air Act.

Added by Laws 1992, c. 215, § 13, emerg. eff. May 15, 1992.  Added by Laws 1993, c. 145, § 50, eff. July 1, 1993.  Renumbered from Title 63, § 1-1814 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 15, eff. July 1, 1993.

§27A-2-5-114.  Implementation and enforcement of federal emission standards - Oil and gas well and equipment emissions.

A.  The Department shall have the authority to establish a program for the implementation and enforcement of the federal emission standards and other requirements under Section 112 of the Federal Clean Air Act for hazardous air pollutants and for the prevention and mitigation of accidental releases of regulated substances under Section 112(r) of the Federal Clean Air Act.

1.  Except as otherwise provided by paragraph 2 of this subsection, to assure that such program shall be consistent with, and not more stringent than, federal requirements:

a. any rule recommended by the Council and promulgated by the Board regarding hazardous air pollutants and regulated substances shall only be by adoption by reference of final federal rules, and

b. shall include the federal early reduction program under Section 112(i) (5) of the Federal Clean Air Act.

2.  The Board may promulgate, pursuant to recommendation by the Council, rules which establish emission limitations for hazardous air pollutants which are more stringent than the applicable federal standards, upon a determination by the Council that more stringent standards are necessary to protect the public health or the environment.

B.  The Department shall also have the authority to establish a separate and distinct program only for the control of the emission of those toxic air contaminants not otherwise regulated by a final emission standard under Section 112(d) of the Federal Clean Air Act.

1.  Such program shall consist of permanent rules establishing:

a. appropriate emission limitations, work practice standards, maximum acceptable ambient concentrations or control technology standards necessary for the protection of the public health or the environment, and

b. emissions monitoring or process monitoring requirements necessary to assure compliance with the requirements of this section.

2.  Paragraph 1 of this subsection shall not be construed as requiring readoption of existing rules regarding toxic air contaminants.

C.  Regulation of any hazardous air pollutant pursuant to a final emission standard promulgated under Section 112(d) of the Federal Clean Air Act, shall preclude its regulation as a toxic air contaminant under subsection B of this section.

D.  Emissions from any oil or gas exploration or production well with its associated equipment, and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources, and in the case of any oil or gas exploration or production well with its associated equipment, such emissions shall not be aggregated for any purpose under this section.

E.  The Department shall not list oil and gas production wells with their associated equipment as an area source category, except that the Department may establish an area source category for oil and gas production wells located in any metropolitan statistical area or consolidated metropolitan statistical area with a population in excess of one million (1,000,000) if the Department determines that emissions of hazardous air pollutants from such wells present more than a negligible risk of adverse effects to public health.

F.  Nothing in this section shall be construed to limit authority established elsewhere in the Oklahoma Clean Air Act.

Added by Laws 1992, c. 215, § 14, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 51, eff. July 1, 1993.  Renumbered from Title 63, § 1-1815 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-115.  Small business technical and environmental compliance assistance - State Air Quality Ombudsman Office for Small Businesses.

A.  The Department shall establish a small business stationary source technical and environmental compliance assistance program.  The purpose of such program shall be to provide information to small businesses to assist them in achieving compliance with the requirements of the Oklahoma Clean Air Act and the Federal Clean Air Act.  It shall be the duty of the Department to:

1.  Develop, collect and coordinate information concerning compliance methods and technologies for small business stationary sources;

2.  Assist small businesses with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution;

3.  Develop a compliance assistance program for small business stationary sources to assist them in determining applicable requirements and in receiving permits in a timely manner;

4.  Assure that small business stationary sources receive notice of their rights under the Oklahoma Clean Air Act and the Federal Clean Air Act, in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final regulation or standard;

5.  Develop procedures for informing small business stationary sources of their obligations pursuant to the Oklahoma Clean Air Act, including mechanisms for referring such sources to qualified auditors in order that they may determine compliance with the Oklahoma Clean Air Act or the Federal Clean Air Act; and

6.  Develop procedures for considering requests from small businesses for modification of work practices or technological compliance methods when in accordance with the Oklahoma Clean Air Act or the Federal Clean Air Act.

B.  The Executive Director shall designate an employee within the  Department to serve as the State Air Quality Ombudsman  for Small Businesses.  Such designee shall assume the responsibility for monitoring the small business stationary source technical and environmental compliance assistance program under this section.  The  Ombudsman shall:

1.  Evaluate and report on all aspects of the small business stationary source technical and environmental compliance assistance program including, but not limited to:

a. comments and recommendations to the Environmental Protection Agency and the state regarding development and implementation of regulations,

b. the impact of the Oklahoma Clean Air Act and the Federal Clean Air Act on the state's economics, local economics and small businesses,

c. review the work and services of the small business stationary source technical and environmental compliance assistance program with trade associations and small business representatives;

2.  Interact with the state and small businesses to:

a. facilitate small business participation in new regulation development,

b. disseminate information,

c. sponsor meetings, and

d. refer small businesses to the appropriate areas of the small business stationary source technical and environmental compliance assistance program where they may obtain information on assistance or find affordable alternatives in controlling emissions and precluding accidental releases; and

3.  Interface with:

a. the Small Business Administration, the Department of Commerce and other state, local, regional and federal agencies which have programs to finally assist small businesses in compliance with environmental regulations, and

b. private sector financial institutions in locating sources of funds to comply with state-local air pollution regulations.

C.  There is hereby created a Compliance Advisory Panel with responsibilities consistent with the requirements in Title V of the Federal Clean Air Act.  Panel members shall serve without compensation but shall be entitled to travel expenses according to the provisions of the State Travel Reimbursement Act.  Funds to cover the operational expenses of the panel shall be allocated and administered by the Department through the small business stationary source technical and environmental compliance assistance program.  The panel shall consist of seven (7) members as follows:

1.  Two members who are not owners, or representatives of owners, of small business stationary sources selected by the Governor to represent the general public;

2.  Two members who are owners, or who represent owners, of small business stationary sources to be selected, one each, by the President Pro Tempore of the Senate and the Speaker of the House of Representatives;

3.  Two members who are owners, or who represent owners, of small business stationary sources to be selected, one each, by the minority leader of the Senate and the minority leader of the House of Representatives; and

4.  One member selected by the Executive Director to represent the Department.

D.  Each member of the Compliance Advisory Panel shall be appointed for a term of seven (7) years terminating on January 15, except the term of those first appointed shall expire as follows:

1.  The first appointee of the Governor shall serve for one (1) year;

2.  The appointee of the House minority leadership shall be for two (2) years;

3.  The appointee of the House majority leadership shall be for three (3) years;

4.  The appointee of the Senate minority leadership shall be for four (4) years;

5.  The appointee of the Senate majority leadership shall be for five (5) years;

6.  The second appointee of the Governor shall be for six (6) years; and

7.  The appointee of the Executive Director shall be for seven (7) years.

E.  The terms of all members shall continue until their successors shall have been duly appointed.  If a vacancy occurs, the designated appointing official shall name a replacement for the remaining portion of the unexpired term created by the vacancy.

F.  The Compliance Advisory Panel shall have the authority and the duty to:

1.  Render advisory opinions on the effectiveness of the state small business stationary source technical and environmental compliance assistance program, difficulties encountered, and the degree and severity of enforcement;

2.  Make periodic reports to the administrator of the Environmental Protection Agency concerning the compliance status of the state small business stationary source technical and environmental compliance assistance program with the requirements of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; and

3.  Review information for small business stationary sources to assure such information is understandable by the layperson.

Added by Laws 1992, c. 215, § 15, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 52, eff. July 1, 1993.  Renumbered from Title 63, § 1-1816 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 16, eff. July 1, 1993.

§27A-2-5-116.  Violations - Penalties.

A.  Any person who knowingly and willfully:

1.  Violates any applicable provision of the Oklahoma Clean Air Act or any rule or standard promulgated thereunder;

2.  Violates any order issued or permit condition prescribed pursuant to the Oklahoma Clean Air Act;

3.  Violates any emission limitation or any substantive provision or condition of any permit;

4.  Makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, plan or other document, except for monitoring data, required pursuant to the Oklahoma Clean Air Act to be either filed or maintained;

5.  Fails to notify or report as required by the Oklahoma Clean Air Act, rules promulgated thereunder or orders or permits issued pursuant thereto; or

6.  Fails to install any monitoring device or method required to be maintained or followed pursuant to the Oklahoma Clean Air Act;

shall, upon conviction, be guilty of a misdemeanor and be punished by a fine not to exceed Twenty-five Thousand Dollars ($25,000.00) per day of violation or for not more than one (1) year imprisonment in the county jail, or both such fine and imprisonment.

B.  Any person who knowingly and willfully:

1.  Violates any applicable provision of the Oklahoma Clean Air Act or any rule promulgated thereunder, or any order of the Department or any emission limitation or substantive provision or condition of any permit, and who knows at the time that he thereby places another in danger of death or serious bodily injury;

2.  Tampers with or renders inaccurate any monitoring device; or

3.  Falsifies any monitoring information required to be maintained or submitted to the Department pursuant to the Oklahoma Clean Air Act;

shall, upon conviction, be guilty of a felony and subject to a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) or for not more than ten (10) years imprisonment, or both such fine and imprisonment.

Added by Laws 1992, c. 215, § 16, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 53, eff. July 1, 1993.  Renumbered from Title 63, § 1-1817 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-117.  Civil actions - Injunctions - Abatement - Civil penalties.

A.  The Department shall have the authority to commence a civil action for a permanent or temporary injunction or other appropriate relief, or to require abatement of any emission or correction of any contamination, or to seek and recover a civil penalty of not more than Ten Thousand Dollars ($10,000.00) per day for each violation, or all of the above, in any of the following instances:

1.  Whenever any person has violated or is in violation of any applicable provision of the Oklahoma Clean Air Act, or any rule promulgated thereunder;

2.  Whenever any person has commenced construction, modification or operation of any source, or operates any source in violation of the requirement to have a permit, or violates or is in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma Clean Air Act; or

3.  Whenever any person has violated any order of the Department or the Council or any requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air Act.

B.  The district attorney or attorneys having jurisdiction shall have primary authority and responsibility for prosecution of any civil or criminal violations under the Oklahoma Clean Air Act and for the collection of any delinquent fees, penalties or fines assessed pursuant to the Oklahoma Clean Air Act and shall be entitled to recover reasonable costs of collection, including attorney fees, and an appropriate fee of up to fifty percent (50%) for collecting delinquent fees, penalties or fines.

Added by Laws 1992, c. 215, § 17, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 54, eff. July 1, 1993.  Renumbered from Title 63, § 1-1818 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-5-118.  Validity of prior rules and enforcement actions.

A.  All rules of the Oklahoma State Board of Health and administrative determinations of the Oklahoma State Department of Health or the Council existing prior to May 15, 1992, shall remain in full force and effect after that date until repealed or repromulgated pursuant to the provisions of this act unless in conflict with, prohibited by or inconsistent with the provisions of the Oklahoma Clean Air Act.

B.  All enforcement actions taken before or after May 15, 1992, shall be valid if based upon an act or failure to act that violated a provision of law or rule in effect at the time of the act or the failure to act.

Added by Laws 1992, c. 215, § 18, emerg. eff. May 15, 1992.  Amended by Laws 1993, c. 145, § 55, eff. July 1, 1993.  Renumbered from Title 63, § 1-1819 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-101.  Definitions.

For purposes of this article:

1.  "Disposal system" means pipelines or conduits, pumping stations and force mains and all other devices, construction, appurtenances and facilities used for collecting, conducting or disposing of wastewater, including treatment systems;

2.  "Drainage basin" means all of the water collection area adjacent to the highest water line of a reservoir which may be considered by the Department to be necessary to protect adequately the waters of the reservoir.  The area may extend upstream on any watercourse to any point within six hundred (600) feet of the highest water line of the reservoir;

3.  "Indirect discharge" means the introduction of pollutants to a publicly owned treatment works from a nondomestic source;

4.  "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agribusiness waste discharged into waters of the state;

5.  "Public water supply" means water supplied to the public for domestic or drinking purposes;

6.  "Reservoir" means any reservoir, whether completed or in the process of construction, whether or not used as a water supply, and whether or not constructed by any recipient of water therefrom;

7.  "Sludge" means nonhazardous solid, semi-solid, or liquid residue generated by the treatment of domestic sewage or wastewater by a treatment works, or water by a water supply system, or manure, or such residue, treated or untreated, which results from industrial, nonindustrial, commercial, or agribusiness activities or industrial or manufacturing processes and which is within the jurisdiction of the Department;

8.  "Small public sewage system" means a nonindustrial wastewater treatment system which has an average flow of five thousand (5,000) gallons per day or less;

9.  "Treatment works" means any facility used for the purpose of treating or stabilizing wastes or wastewater.  "Treatment works" shall be synonymous with "wastewater works"; and

10.  "Water supply system" means a water treatment plant, water wells, and all related pipelines or conduits, pumping stations and mains and all other appurtenances and devices used for distributing drinking water to the public and, as such, shall be synonymous with waterworks.

Added by Laws 1993, c. 145, § 56, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 19, eff. July 1, 1993; Laws 1994, c. 353, § 8, eff. July 1, 1994; Laws 1997, c. 217, § 2, eff. July 1, 1997; Laws 1999, c. 413, § 5, eff. Nov. 1, 1999; Laws 2002, c. 227, § 1, emerg. eff. May 9, 2002; Laws 2005, c. 138, § 1, eff. Nov. 1, 2005.

§27A-2-6-102.  Declaration of policy.

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas the problem of water pollution of this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to provide that no waste or pollutant be discharged into any waters of the state or otherwise placed in a location likely to affect such waters without first being given the degree of treatment or taking such other measures as necessary to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing water pollution; and to cooperate with other agencies of this state, agencies of other states and the federal government in carrying out these objectives.

Added by Laws 1972, c. 242, § 2.  Amended by Laws 1993, c. 145, § 57, eff. July 1, 1993.  Renumbered from Title 82, § 926.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-103.  Powers and duties of Department, Board and Executive Director.

A.  The Department of Environmental Quality shall have and is hereby authorized to exercise the power and duty to:

1.  Develop comprehensive programs for the prevention, control and abatement of new or existing pollution of the waters of this state;

2.  Encourage, participate in, or conduct studies, investigations, research and demonstrations relating to water pollution and causes, prevention, control and abatement thereof as it may deem advisable and necessary in the public interest for the discharge of its duties under this act;

3.  Collect and disseminate information relating to water pollution and the prevention, control and abatement thereof;

4.  Require the submission of and review plans, specifications and other data relative to disposal or treatment systems or any part thereof in connection with the issuance of such permits as are required by this article;

5.  Enforce the provisions of this article, rules promulgated thereunder, and permits, licenses, and certifications issued pursuant thereto and Oklahoma Water Quality Standards;

6.  Establish, implement, amend and enforce the Water Quality Management Plan, the continuing planning process documents, and total maximum daily loads;

7.  Require the submission of reports or laboratory analyses performed by certified laboratories or operators for purposes of compliance monitoring and testing or other purposes for which laboratory reports or analyses are required pursuant to this article;

8.  Coordinate the preparation of the continuing planning process documents and total maximum daily loads with other environmental agencies and natural resource agencies; and

9.  Issue swimming and fishing advisories related to human and animal health hazards for waters of the state, based on available data.

B.  1.  The Environmental Quality Board shall have the authority to promulgate such rules as may be necessary to implement the policies and duties set forth in this article including, but not limited to, rules pertaining to services, permits, licenses and certifications, including certifications under Section 401 of the Clean Water Act, and, pursuant to Section 2-3-402 of this title, fee schedules for such services, permits, licenses and certifications.

2.  The Board may adopt by reference standards of quality of the waters of the state and classifications of such waters as are lawfully established by the Oklahoma Water Resources Board and the United States Environmental Protection Agency as Oklahoma's Water Quality Standards and promulgate other rules to protect, maintain and improve the best uses of waters in this state in the interest of the public under such conditions as may be necessary or appropriate for the prevention, control and abatement of pollution.

3.  The Board shall promulgate rules which describe procedures for amending and updating the Water Quality Management Plan or which are otherwise consistent with the Continuing Planning Process and its components.  Such rules shall:

a. be in substantial conformance with any applicable federal requirements and may incorporate appropriate U.S. Environmental Protection Agency regulations by reference, and

b. require public notice to be given of any major amendment and of any update of the Water Quality Management Plan and allow not less than a forty-five-day opportunity for public comment thereon.  Such rules shall also authorize the Department, if it determines public interest in the proposed amendment or update is significant, to give notice of and conduct a public meeting on the proposals in accordance with federal requirements.  The rules shall provide that the notice, comment period, and public meeting if any, related to an amendment or update proposed in conjunction with the issuance, modification or renewal of a discharge permit or permits, may be combined with the notice, comment period, and public meeting if any, held on the proposed permit action or actions.

C.  The Executive Director may:

1.  Issue, modify, or revoke orders:

a. prohibiting or abating pollution of the waters of the state,

b. requiring the construction of new disposal or treatment systems or any parts thereof or the modification, extension or alteration of existing disposal or treatment systems or any part thereof, or the adoption of other remedial measures to prevent, control or abate pollution, and

c. requiring other actions such as the Executive Director may deem necessary to enforce the provisions of this article and rules promulgated thereunder;

2.  Issue, continue in effect, revoke, amend, modify or deny, renew, or refuse to renew under such conditions as the Department may prescribe, permits, licenses and certifications, including certifications under Section 401 of the Clean Water Act, to prevent, control or abate pollution of waters of the state; and

3.  Exercise all incidental powers which are necessary and proper to carry out the purposes of this article.

Added by Laws 1972, c. 242, § 3.  Amended by Laws 1980, c. 232, § 1, eff. May 21, 1980; Laws 1988, c. 46, § 1, emerg. eff. March 21, 1988; Laws 1993, c. 145, § 58, eff. July 1, 1993.  Renumbered from Title 82, § 926.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 20, eff. July 1, 1993; Laws 1994, c. 353, § 9, eff. July 1, 1994; Laws 1997, c. 217, § 3, eff. July 1, 1997; Laws 1999, c. 380, § 1, emerg. eff. June 8, 1999.

§27A-2-6-104.  Purpose and construction.

It is the purpose of this article to provide additional and cumulative remedies to prevent, abate and control the pollution of the waters of the state. Nothing herein contained shall be construed to abridge or alter rights of action or remedies under the common law or statutory law, criminal or civil; nor shall any provision of this article, or any act done by virtue thereof, be construed as estopping the state, or any municipality or person, as riparian owners or otherwise, in the exercise of their rights under the common law to suppress nuisances or to abate pollution.

Added by Laws 1972, c. 242, § 13.  Amended by Laws 1993, c. 145, § 59, eff. July 1, 1993.  Renumbered from Title 82, § 926.13 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-105.  Pollution of state air, land or waters - Order to cease.

A.  It shall be unlawful for any person to cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any air, land or waters of the state.  Any such action is hereby declared to be a public nuisance.

B.  If the Executive Director finds that any of the air, land or waters of the state have been, or are being, polluted, the Executive Director shall make an order requiring such pollution to cease within a reasonable time, or requiring such manner of treatment or of disposition of the sewage or other polluting material as may in his judgment be necessary to prevent further pollution.  It shall be the duty of the person to whom such order is directed to fully comply with the order of the Executive Director.

Added by Laws 1993, c. 145, § 60, eff. July 1, 1993.

§27A-2-6-106.  Renumbered as § 2-3-302 of this title by Laws 1994, c. 353, § 45, eff. July 1, 1994.

§27A-2-6-201.  Short title - Construction and application.

A.  This part shall be known and may be cited as the "Oklahoma Pollutant Discharge Elimination System Act".

B.  Nothing contained in the Oklahoma Pollutant Discharge Elimination System Act shall expand the authority of the Department of Environmental Quality beyond jurisdictional areas specified in the Oklahoma Environmental Quality Act.  Agricultural and oil and gas activities shall not be subject to the Oklahoma Pollutant Discharge Elimination System Act except as specifically provided in Section 11 of this act.

Added by Laws 1992, c. 398, § 13, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 62, eff. July 1, 1993.  Renumbered from § 1001 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-202.  Definitions.

For purposes of the Oklahoma Pollutant Discharge Elimination System Act:

1.  "Discharge" includes but is not limited to a discharge of a pollutant or pollutants, and means any addition of any pollutant to waters of the state from any point source regulated by the Department of Environmental Quality;

2.  "Effluent limitation" means any established restriction on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into waters of the state, including schedules of compliance;

3.  "Organization" means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons;

4.  "Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, from which pollutants or wastes are or may be discharged.  The term "point source" does not include agricultural stormwater discharges and return flows from irrigated agriculture;

5.  "Pretreatment" means the reduction of the amount of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing into a treatment works;

6.  "Schedule of compliance" means a schedule of remedial measures including but not limited to an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard;

7.  "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and

8.  "Storm water" means rain water runoff, snow melt runoff, and surface runoff and drainage.

Added by Laws 1992, c. 398, § 14, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 63, eff. July 1, 1993.  Renumbered from § 1002 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-203.  Powers and duties of Board - Authority of Department.

A.  The Board shall have the power and duty to promulgate rules implementing or effectuating the Oklahoma Pollutant Discharge Elimination System Act.  Such rules may incorporate by reference any applicable rules, regulations and policies of the United States Environmental Protection Agency adopted under the Clean Water Act.  Any such rules shall be in reasonable accord with the United States Environmental Protection Agency regulations and policies, including but not limited to rules which:

1.  Allow the inclusion of technology-based effluent limitations and require water-quality-related effluent limitations in discharge permits to the extent necessary to protect the designated and existing beneficial uses of the waters of the state and to comply with the requirements of the Clean Water Act;

2.  Establish pretreatment standards and standards for the removal of toxic materials and pollutants from effluent discharges and establish procedures and programs necessary to implement and enforce such standards and ensure compliance with applicable federal regulations;

3.  Apply applicable national standards of performance promulgated pursuant to Section 306 of the Clean Water Act in establishing terms and conditions of Executive Director issued permits;

4.  Prohibit or control the discharge of pollutants into wells within the jurisdiction of the Department of Environmental Quality;

5.  Develop or assist in development of any effluent limitation or other limitation, prohibition, or effluent regulation;

6.  Establish procedures, including, but not limited to, notice and opportunity for public hearing, which provide that whenever the owner or operator of any point source discharge can demonstrate to the satisfaction of the Executive Director that any effluent limitation proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is to be made, the Executive Director may impose an effluent limitation for such discharge, taking into account the interaction of such thermal component with other pollutants, that will assure the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on that body of water;

7.  Ensure that the public and any other state, the waters of which may be affected, receive notice of each application for a discharge permit;

8.  Ensure that any other state, the waters of which may be affected by the activities allowed by a proposed permit, may submit written recommendations on the application to the Department.  The rules shall provide that if such recommendations or any parts thereof are not adopted, the Department will notify the affected state in writing and shall provide the reasons therefor;

9.  Establish a fee schedule to implement the provisions of the Oklahoma Pollutant Discharge Elimination System Act; and

10.  Establish management standards for sludge which are no less stringent than applicable federal regulations and establish procedures and requirements necessary to ensure compliance with applicable federal laws.

B.  The Department shall have authority to:

1.  Require the owner or operator of any system for the treatment, storage, discharge or transport of pollutants to establish, maintain and submit plans, specifications, records, and other data relative to disposal systems or any part thereof, in connection with the issuance of discharge permits or in connection with any permit, purposes or requirements of the Oklahoma Pollutant Discharge Elimination System Act, to make reports, to install, calibrate, use and maintain monitoring equipment or methods including biological monitoring methods, take samples of effluents in such manner as may be prescribed, and provide such other information as may be reasonably required;

2.  Take all actions which may be necessary or incidental to implement and maintain a pollutant discharge permit program and sludge program, including the authority to assume and obtain authorization to implement and maintain a portion of the National Pollutant Discharge Elimination System state permit program and a state sludge program pursuant to Section 402 and other provisions of the Clean Water Act and other applicable federal law.  The Executive Director shall issue permits for the discharge of pollutants and storm water from facilities and activities within its areas of environmental jurisdiction specified in Section 1-3-101 of this title;

3.  Take necessary and appropriate actions to revoke and reissue, modify, suspend, or otherwise administer and enforce discharge permits and sludge permits issued by the United States Environmental Protection Agency which are transferred to the Department upon federal authorization of the Department's program; and

4.  Exercise all necessary incidental powers which are necessary and proper to carry out the purposes of the Oklahoma Pollutant Discharge Elimination System Act and to comply with the requirements of the Clean Water Act and the requirements of the United States Environmental Protection Agency regulations promulgated thereunder.

Added by Laws 1992, c. 398, § 15, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 64, eff. July 1, 1993.  Renumbered from § 1003 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 21, eff. July 1, 1993; Laws 1994, c. 353, § 11, eff. July 1, 1994.

§27A-2-6-204.  Authority of Executive Director - Issuance of discharge permits, conditions - Availability of records, reports or other information.

A.  Pollutant discharge permits issued by the Executive Director may include schedules of compliance and such conditions as the Executive Director may prescribe which:

1.  Prevent, control or abate pollution, including such water-quality-related and technology-based effluent limitations as are necessary to protect the water quality and existing and designated beneficial uses of the waters of the state;

2.  Require application of best practicable control technology currently available, best conventional pollutant control technology, or best available technology economically achievable or such other limitations as the Executive Director may prescribe;

3.  Require compliance with national standards of performance, toxic and pretreatment effluent standards;

4.  Set limitations or prohibitions designed to prohibit the discharge of toxic pollutants in toxic amounts or to require pretreatment of pollutants;

5.  Set interim compliance dates which are enforceable without otherwise showing a violation of an effluent limitation or harm to water quality;

6.  Set terms and conditions for sludge and land application of wastewater and for impoundments in accordance with rules promulgated by the Board; and

7.  Comply with the provisions of the Oklahoma Pollutant Discharge Elimination System Act and the requirements of the Clean Water Act.

B.  The Executive Director shall:

1.  Have authority to issue individual permits and authorizations under general discharge permits for pollutants and stormwater and sludge as authorized by the Oklahoma Pollutant Discharge Elimination System Act;

2.  Issue permits for fixed terms not to exceed five (5) years;

3.  Have the authority to require in permits issued to publicly or privately owned treatment works conditions requiring the permittee to give notice to the Department of new introductions into such works of pollutants from any source which would be a new source as defined in Section 306 of the Clean Water Act or from a source which would be a point source subject to Section 301 of the Clean Water Act if it were discharging directly to waters of the state, a substantial change in volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time of issuance of the permit, or such other conditions as may be required under the Clean Water Act or state law;

4.  Have the authority to ensure compliance with Sections 204(b), 307, and 308 and other provisions of the Clean Water Act and with other applicable federal law;

5.  Have all necessary and incidental authority to comply with the requirements of the Clean Water Act and requirements of the United States Environmental Protection Agency set forth in duly promulgated federal regulations adopted under the Clean Water Act;

6.  Have the authority to terminate or modify permits issued by the Executive Director for cause, including but not limited to:

a. violation of any condition of the permit, including but not limited to conditions related to monitoring requirements, entry and inspections,

b. obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or

c. change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

7.  Have all necessary authority to implement and enforce Department programs and requirements established by the Environmental Quality Board in duly promulgated rules, including but not limited to the authority to implement and enforce a statewide pretreatment program required under federal law and regulations and to implement and enforce requirements applicable to dischargers into municipal separate storm sewer systems;

8.  Have all necessary or incidental authority to investigate and abate violations of permits issued by the Executive Director, violations of administrative orders, violations of duly promulgated rules, and violations of the Oklahoma Pollutant Discharge Elimination System Act, and shall have all necessary and incidental authority to apply sanctions through administrative proceedings for violations, including but not limited to violations of requirements to obtain permits, terms and conditions of permits, effluent standards and limitations and water quality standards, and violations of requirements for recording, reporting, monitoring, entry, inspection and sampling; and

9.  Have authority to require permits for indirect discharges or other introductions of pollutants to publicly owned treatment works, impose pretreatment standards and other requirements upon users of such treatment works, and to enforce such permits and requirements pursuant to Section 2-6-206 of this title.

C.  Authorized employees or representatives of the Department shall, upon presentation of credentials, have:

1.  A right of entry to, upon, or through any private or public premises upon which an effluent or sludge source is or may be located or in which any records are required to be maintained;

2.  Access to at any reasonable time for the purposes of reviewing and copying any records required to be maintained;

3.  Authority to inspect any monitoring equipment, methods, disposal systems or other facilities or equipment which may be required; and

4.  Access for the purpose of inspecting and sampling any effluent streams or any discharge of pollutants to waters of the state or to treatment systems discharging into waters of the state or for inspection and sampling of any sludge source, storage, beneficial use, reuse or disposal site.

D.  The Executive Director shall not issue a discharge permit if the permit:

1.  Would authorize the discharge of a radiological, chemical or biological warfare agent, or high-level radioactive waste;

2.  Would, in the judgment of the Secretary of the Army acting through the Chief of Engineers, result in the substantial impairment of anchorage and navigation of any waters of the United States as those waters are defined in the Clean Water Act;

3.  Is objected to in writing by the Administrator of the United States Environmental Protection Agency or his designee, pursuant to any right to object which is granted to the Administrator under Section 402(d) of the Clean Water Act; or

4.  Would authorize a discharge from a point source which is in conflict with a plan approved under Section 208(b) of the Clean Water Act.

E.  Copies of records, plans, reports or other information required by the Department shall be submitted upon request and shall be subject to and made available for inspection at reasonable times to any authorized representative of the Department of Environmental Quality upon showing of proper credentials.  Any authorized representative of the Department may examine any records or memoranda pertaining to discharges, treatment, or other limitations set by permit, order or duly promulgated rules of the Board.

F.  Any records, reports, or information obtained pursuant to this section shall be available to the public, except that upon submission of sufficient evidence showing that records, reports, or information, or particular parts thereof, other than effluent data, if made public would divulge methods or processes entitled to protection as trade secrets of such person, such record, report, or information, or particular portion thereof shall be considered confidential in accordance with the purposes of the Uniform Trade Secrets Act.  Nothing in this subsection shall prohibit the Department or an authorized representative of the Department, including, but not limited to, any authorized contractor, from disclosing records, reports, or information to other officers, employees, or authorized representatives of the State of Oklahoma or the United States concerned with carrying out provisions of state or federal law under their respective jurisdictions or within their respective authorities.

G.  The Executive Director and any person designated by him to approve all or portions of permits, or to modify, revoke or reissue permits or to make any final decisions in the first instance or on appeal relating to permits or enforcement actions related thereto, shall be required to meet all requirements of Section 304 of the Clean Water Act and federal regulations promulgated thereunder.

Added by Laws 1992, c. 398, § 16, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 65, eff. July 1, 1993.  Renumbered from § 1004 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 22, eff. July 1, 1993; Laws 1994, c. 353, § 12, eff. July 1, 1994.

§27A-2-6-205.1.  Repealed by Laws 1994, c. 373, § 31, eff. July 1, 1996.

§27A-2-6-205.2.  Repealed by Laws 1995, c. 285, § 26, eff. July 1, 1995.

§27A-2-6-205.  Unlawful discharge - Permit requirements.

A.  Except as otherwise provided in subsection B of this section, it shall be unlawful for any facility, activity or entity regulated by the Department pursuant to the Oklahoma Pollutant Discharge Elimination System Act to discharge any pollutant into waters of the state or elsewhere without first obtaining a permit from the Executive Director.

B.  The Board shall promulgate rules which prescribe permit requirements applicable to discharges composed entirely of stormwater.  Such rules may require permits on a case-by-case basis, exempt categories of discharges, or provide a schedule for obtaining such permit, provided however, that no later than the date that the Department is to receive authorization to administer a state National Pollutant Discharge Elimination Systems program, the Board shall have promulgated rules for stormwater discharges which comply with Environmental Protection Agency requirements for approval of the state National Pollutant Discharge Elimination Systems program.

Added by Laws 1992, c. 398, § 17, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 66, eff. July 1, 1993.  Renumbered from § 1005 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-206.  Violations - Enforcement procedures - Penalties.

A.  Whenever there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Pollutant Discharge Elimination System Act, any permit, any rule, or any order of the Executive Director, the Executive Director shall have the authority and powers to proceed as specified in the Administrative Procedures Act unless otherwise provided herein.  Provided, however, that provisions of this section for written notice, enforcement hearing, and administrative orders shall not be conditions precedent for the Department to seek action in the district court as provided by the Oklahoma Pollutant Discharge Elimination System Act or other applicable provisions of law.

B.  The Oklahoma Pollutant Discharge Elimination System Act shall not in any way impair or in any way affect a person's right to recover damages for pollution in a court of competent jurisdiction.  Any person having any interest connected with the geographic area or waters or water system affected, including but not limited to any aesthetic, recreational, health, environmental, pecuniary or property interest, which interest is or may be adversely affected, shall have the right to intervene as a party in any administrative proceeding before the Department, or in any civil proceeding, relating to violations of the Oklahoma Pollutant Discharge Elimination System Act or rules, permits or orders issued hereunder.

C.  Whenever on the basis of any information available, the Department finds that any person or entity regulated by the Department is in violation of any act, rule, order, permit, condition or limitation implementing the Oklahoma Pollutant Discharge Elimination System Act, or any previously issued discharge permit, the Executive Director shall issue an order requiring such person or entity to comply with such provision or requirement, commence appropriate administrative enforcement proceedings, or bring a civil action.  Provided, however, the issuance of a compliance order or suspension or revocation of a permit shall not be considered a condition precedent to the accrual or imposition of penalties or fines in any administrative, civil or criminal proceeding.

D.  A copy of any order issued pursuant to this section shall be sent immediately to the violator.  In any case in which an order or notice to a violator is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers.

Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation, and shall specify a time for compliance not to exceed thirty (30) days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a reasonable time in the case of a violation of a final deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.  Any order or notice issued by the Executive Director may be served in any manner allowed by Oklahoma Rules of Civil Procedures applicable to a civil summons.

E.  Whenever on the basis of any information available the Executive Director finds that any person regulated by the Department has violated any of the provisions of the Oklahoma Pollutant Discharge Elimination System Act, or any permit, rule, order or condition or limitation implementing any of such sections, or previously issued discharge permit or related order, the Executive Director may, after providing notice and opportunity for an enforcement hearing to the alleged violator, assess an administrative fine of not more than Ten Thousand Dollars ($10,000.00) per day of violation, for each day during which the violation continues.  The total amount of such fine shall not exceed One Hundred Twenty-five Thousand Dollars ($125,000.00) per violation.  In determining the amount of any penalty assessed under this subsection, the Executive Director shall take into account the nature, circumstances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit savings, if any, resulting from the violation, and such other matters as justice may require.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.  Enforcement hearings shall be conducted in accordance with the procedures set out in the Administrative Procedures Act.

F.  1.  The Executive Director is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which he is authorized to issue a compliance order under subsection C of this section.

2.  Any person who violates any provision of the Oklahoma Pollutant Discharge Elimination System Act, or any permit condition or limitation implementing any of such provisions in a permit issued under the Oklahoma Pollutant Discharge Elimination System Act, or any requirement imposed in a pretreatment program approved under the Oklahoma Pollutant Discharge Elimination System Act, and any person who violates any order issued by the Executive Director under subsection C of this section, shall be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) per day for each violation.  In determining the amount of the civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of such violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator and such other matters as justice may require.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

3.  Any action pursuant to this subsection may be brought in the district court for the district in which the property or defendant is located or defendant resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance.

4.  The prior revocation of a permit shall not be a condition precedent to the filing of a civil action under the Oklahoma Pollutant Discharge Elimination System Act.

G.  1.  Any person who:

a. negligently violates any provision of the Oklahoma Pollutant Discharge Elimination System Act, or any order issued by the Executive Director hereunder, or any permit condition or limitation in a permit issued or any requirement imposed in a pretreatment program authorized pursuant to the Oklahoma Pollutant Discharge Elimination System Act, or

b. negligently introduces into the waters of the state or a treatment works discharging into the waters of the state any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state or local requirements or permits, which causes such treatment work to violate any effluent limitation or condition in a permit issued to the treatment works pursuant to the Oklahoma Pollutant Discharge Elimination System Act,

shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand Dollars ($25,000.00) per day of violation, or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.  If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be a fine of not more than Fifty Thousand Dollars ($50,000.00) per day of violation, or by imprisonment in the State Penitentiary for not more than two (2) years, or by both.

2.  Any person who:

a. knowingly violates any provision of the Oklahoma Pollutant Discharge Elimination System Act, or any order issued by the Executive Director hereunder, or any permit condition or limitation in a permit issued or any requirement imposed in a pretreatment program authorized pursuant to the Oklahoma Pollutant Discharge Elimination System Act, or

b. knowingly introduces into the waters of the state or a treatment works discharging into the waters of the state any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal injury or property damage or, other than in compliance with all applicable federal, state or local requirements or permits, which causes such treatment work to violate any effluent limitation or condition in a permit issued to the treatment works under the Oklahoma Pollutant Discharge Elimination System Act,

shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per day of violation, or by imprisonment in the county jail for not more than one (1) year or in the State Penitentiary for not more than three (3) years, or by both.  If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be a fine of not more than One Hundred Thousand Dollars ($100,000.00) per day of violation, or by imprisonment in the State Penitentiary for not more than six (6) years, or by both.

3. a. Any person who knowingly violates any provision of the Oklahoma Pollutant Discharge Elimination System Act, or any permit condition or limitation in a permit issued hereunder by the Executive Director, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall upon conviction be subject to a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) or imprisonment in the State Penitentiary for not more than fifteen (15) years, or both.  A person which is an organization shall, upon conviction of violating this subparagraph, be subject to a fine of not more than One Million Dollars ($1,000,000.00).  If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment.

b. For the purpose of subparagraph a of this paragraph:

(1) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury, a person shall be responsible only for actual awareness or actual belief that he possessed, and knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant;  provided however that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information,

(2) it is an affirmative defense to prosecution under this subsection that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of an occupation, business, profession or of a medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent, and such defense may be established under this subparagraph by a preponderance of the evidence.

4.  Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Oklahoma Pollutant Discharge Elimination System Act or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the Oklahoma Pollutant Discharge Elimination System Act, shall upon conviction be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than two (2) years, or by both.  If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than Twenty Thousand Dollars ($20,000.00) per day of violation, or by imprisonment for not more than four (4) years, or by both.

5.  For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

H.  Whenever, on the basis of information available to him, the Department finds that an owner or operator of any source is introducing a pollutant into a treatment works in violation of the Oklahoma Pollutant Discharge Elimination System Act or any requirement, rule, permit or order issued under the Oklahoma Pollutant Discharge Elimination System Act, the Department shall notify the owner or operator of such treatment works of such violation.  If the owner or operator of the treatment works does not commence appropriate enforcement action within thirty (30) days of the date of such notification, the Department may commence a civil action for appropriate relief, including but not limited to a permanent or temporary injunction, against the owner or operator of such treatment works.  In any such civil action the Department shall join the owner or operator of such source as a party to the action.  Such action shall be brought in the district court in the county in which the treatment works is located.  Such court shall have jurisdiction to restrain such violation and to require the owner or operator of the treatment works and the owner or operator of the source to take such action as may be necessary to come into compliance with the Oklahoma Pollutant Discharge Elimination System Act.  Nothing in this subsection shall be construed to limit or prohibit any other authority the Department may have under this section.

I.  1.  Any person against whom an administrative compliance or penalty order is issued under this section may obtain review of such order by filing a petition for review in district court pursuant to the Administrative Procedures Act.  Such court shall not set aside or remand such order unless there is not substantial evidence in the administrative record, taken as a whole, to support the finding of a violation or unless the assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the assessment of the penalty constitutes an abuse of discretion.  No stay of an administrative penalty order shall be granted until the amount of penalty assessed has been deposited with the reviewing district court pending resolution of the petition for review.

2.  If any person fails to pay an assessment of an administrative penalty:

a. after the order making the assessment has become final, or

b. after a court in an action brought under paragraph 1 of this subsection has entered a final judgment in favor of the Department, as the case may be,

the Department may commence or may request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be.  In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

3.  Any person who fails to pay on a timely basis the amount of an assessment of an administrative or civil penalty shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceeding and quarterly nonpayment penalty for each quarter during which such failure to pay persists.  Such nonpayment penalty shall be in an amount equal to twenty percent (20%) of the aggregate amount of such person's penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.

Added by Laws 1992, c. 398, § 18, eff. July 1, 1993.  Amended by Laws 1993, c. 145, § 67, eff. July 1, 1993.  Renumbered from § 1006 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 24, eff. July 1, 1993; Laws 2002, c. 227, § 2, emerg. eff. May 9, 2002.

§27A-2-6-301.  Oklahoma Water Supply Systems Act - Short title.

This part shall be known and may be cited as the "Oklahoma Water Supply Systems Act".

Added by Laws 1993, c. 145, § 68, eff. July 1, 1993.

§27A-2-6-302.  Cooperation with federal agencies.

A.  The Department of Environmental Quality shall be the official agency of the State of Oklahoma to cooperate with federal agencies in all matters affecting public water supplies.

B.  The Department shall administer the wellhead protection program and the Public Water Supply Supervision program for the State of Oklahoma pursuant to the federal Safe Drinking Water Act.

Added by Laws 1963, c. 325, art. 9, § 911, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 69, eff. July 1, 1993.  Renumbered from Title 63, § 1-911 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-303.  Rules and standards.

A.  The Board shall promulgate rules as may be necessary to implement the provisions of this part pertaining to water supply systems and the treatment and distribution of water to the public, including but not limited to rules for:

1.  The construction and extension of such systems;

2.  Specifications and directions as to the source, manner of storage, purification, treatment and distribution of water supplied to the public;

3.  Requirements for control tests, laboratory checks, operating records and reports, including the submission of water samples for testing or sample analyses as prescribed by the federal Safe Drinking Water Act and this Code; and

4.  Permitting requirements.

B.  The Department of Environmental Quality shall recommend standards to the public for individual water supplies.

C.  Such rules may provide for the exemption, and conditions therefor, of specified categories of water supply systems from any of the requirements thereof, except for wastewater discharges, if the public health will not thereby be endangered.

Added by Laws 1963, c. 325, art. 9, § 904, operative July 1, 1963.  Amended by Laws 1981, c. 277, § 2, emerg. eff. June 26, 1981; Laws 1993, c. 145, § 70, eff. July 1, 1993.  Renumbered from Title 63, § 1-904 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-304.  Public water supply - Permit required - Exceptions - Application.

A.  1.  No person shall supply water, or do any construction work of any nature for supplying water, to the public from or by a public water supply system by means of any waterworks without a written permit issued by the Executive Director.  The Department may grant an exception to a public water supply system from the review and permit requirement for construction of a water line extension.

2.  The Board shall promulgate rules setting forth conditions for such exceptions including but not limited to a certification by the system, upon application for such exception, that the proposed design and construction of the extension meets or exceeds Board standards and, after the completion of construction but prior to the commencement of service by such extension, a sufficiency certification by a professional engineer licensed to practice in the State of Oklahoma, that the extension as constructed meets or exceeds Board standards.  Such certifications shall provide assurances, respectively, that the integrity and capacity of the existing system will not or have not been compromised.  Such rules shall allow a rural water district or nonprofit rural water corporation to submit in lieu of a sufficiency certification by a professional engineer, such certification by a certified waterworks operator employed by the district, provided that the line extension is not larger than the existing line, that no part of the existing water line was previously extended pursuant to this paragraph, that the extension does not add more than one (1) service connection to the existing line, and that the line has not been extended through, over or under any stream, lake, pond or marsh or any existing sewage or wastewater collection lines.

3.  The Department may disallow any exception application which does not comply with this section or rules promulgated by the Board, or which does not assure protection of the existing system or public health and the environment.

4.  Failure of a system to meet the terms of a granted exception may result in the termination of the exception, the denial of future exceptions or the imposition of permit or corrective action requirements by the Department, or a combination thereof.  No exception shall be terminated until the Department has advised the owner or operator of the excepted system and such person or persons are given an opportunity to show compliance with all exception requirements.

B.  An application for such permit shall be accompanied by maps, plans and specifications, prepared by a professional engineer registered in the State of Oklahoma.  Such application shall include but not be limited to:

1.  A description of the design of the system;

2.  Identification of the system's source;

3.  A description of the manner of storage and distribution and purification of the water proposed for the supply previous to its delivery to consumers; and

4.  Any other data and information required by the Department.

Added by Laws 1963, c. 325, art. 9, § 907, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 71, eff. July 1, 1993.  Renumbered from Title 63, § 1-907 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 28, eff. July 1, 1993.

NOTE:  Laws 1993, c. 163, § 2 is repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.

§27A-2-6-305.  Waterworks - Filing of plans and surveys.

Every person supplying or authorized to supply water to the public shall file with the Department a certified copy of the plans and surveys of the waterworks, with a description of the source from which the water supply is derived.  No additional source of supply or well shall thereafter be used without a written permit from the Department.

Added by Laws 1963, c. 325, art. 9, § 906, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 72, eff. July 1, 1993.  Renumbered from Title 63, § 1-906 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-306.  Annual service fee - Laboratory analyses.

A.  1.  The Board shall establish an annual fee for public water supply system regulatory services based on the size and type of the system and the resultant regulatory cost of the services to the state.  Such annual fee shall not result in an increase of more than thirty cents ($0.30) per month per residential user of the public water supply systems per year.  With the exception of state, federal, and nontransient noncommunity public water systems which shall pay actual costs of public water supply system regulatory services, no system shall pay less than four cents ($0.04) per service connection per month.

2.  The Board may assess an annual minimum fee charged for:

a. purchase water systems, Fifty Dollars ($50.00),

b. groundwater systems, Seventy-five Dollars ($75.00), and

c. surface water systems, One Hundred Fifty Dollars ($150.00).

3.  Any state funds appropriated for public water supply system regulatory services shall be used to offset the increased costs of regulatory services to the smaller public water supply systems with a population of up to two thousand (2,000) people.

B.  A water supply system, required by state or federal law to submit laboratory analyses to the Department, may submit analyses which have been performed by a laboratory certified by the Department pursuant to this Code in lieu of analyses performed by the Department.  In such case, the cost of the submitted certified laboratory analyses shall be deducted from the portion of the system's annual fee that is applicable to laboratory tests.

Added by Laws 1993, c. 145, § 73, eff. July 1, 1993.

§27A-2-6-307.  Investigations of sanitary quality of water.

A.  The Department may, of its own accord, investigate the sanitary quality of water supplied to the public if the Department has reason to believe that such water supply is prejudicial to the public health or environment.  Such investigation shall be made whenever a complaint is made to the Department by the mayor of any city, the president of the board of trustees of any incorporated town or any other public entity including a public works authority, or a rural water or sewage district, or by the Department's local representative, about the sanitary quality of water supply within their respective counties.

B.  During such investigation, the person in charge of the water supply shall furnish the Department all the information requested by it relative to the source or sources from which the supply of water is derived, and the manner of storage, distribution and purification or treatment necessary or desirable for the determination of its sanitary quality.

Added by Laws 1993, c. 145, § 74, eff. July 1, 1993.

§27A-2-6-308.  Orders.

A.  The Department may issue an order to a respondent requiring compliance with the Oklahoma Water Supply Systems Act, rules of the Board, and orders previously issued to such respondent.  Such orders may require a change in the source or sources of a public water supply, or in the manner of storage, distribution, purification or treatment of the supply before delivery to consumers, as may be necessary to safeguard the public health or environment.  Such orders shall be issued pursuant to the Administrative Procedures Act, this Code and rules promulgated thereunder.

B.  The Department may issue an emergency order to any public water supply system requiring change in the source of the water supply or in the manner of storage, distribution, purification or treatment of the supply before delivery to consumers, or any other action which, in the Executive Director's judgment, is necessary to safeguard the health of the consumers or the environment.

1.  The order may require public water supply systems to notify consumers of the problem with the supply and the action required by order of the Executive Director.

2.  Any respondent to whom such an order is directed and who considers the requirements of the order to be illegal, unjust or unreasonable may request an administrative hearing within ten (10) days after the order is served.  Such hearing shall be subject to the Administrative Procedures Act, rules promulgated by the Board and this Code.

3.  The order shall remain in full effect until it is rescinded by the Executive Director.

Added by Laws 1993, c. 145, § 75, eff. July 1, 1993.

§27A-2-6-310.1.  Legislative findings and declaration.

A.  The Oklahoma Legislature finds that a safe public groundwater supply is one of the most valuable natural resources in this state.

B.  The Legislature recognizes and declares that the management, protection and conservation of public groundwater supplies and the beneficial uses thereof are essential to the economic prosperity and future well-being of the state.  As such, the public interest demands procedures for the development and implementation of management practices to conserve and protect public groundwater supplies.

Added by Laws 1997, c. 241, § 1, eff. July 1, 1997.

§27A-2-6-310.2.  Promulgation of rules - Wellhead protection program.

A.  The Environmental Quality Board shall promulgate rules necessary to safeguard public health and welfare and prevent pollution of public water supply systems pursuant to the Oklahoma Water Supply Systems Act.

B.  The Department of Environmental Quality shall develop an Oklahoma wellhead protection program to assist municipalities, rural water districts, nonprofit water corporations and other public groundwater suppliers in the conservation and protection of their public groundwater supplies which will specify the following:

1.  Guidelines specifying the duties of the Department in developing a wellhead protection program;

2.  Guidelines specifying the duties of local governments in developing and implementing the wellhead protection program;

3.  Guidelines for determining all potential and actual pollution sources which may have an adverse effect on public health;

4.  Guidelines for taking into consideration potential sources of pollution when siting new wells for public water supplies;

5.  Guidelines for developing contingency plans for pollution release containment, cleanup and the provision of alternative drinking water supplies for each public water system in the event of groundwater well or groundwater wellfield pollution; and

6.  Guidelines including such other information or assistance as deemed necessary by the Department.

Added by Laws 1997, c. 241, § 2, eff. July 1, 1997.

§27A-2-6-310.3.  Groundwater protection education program.

A.  The Department of Environmental Quality shall develop and implement a groundwater protection education program.  In developing such program, the Department shall consult with public health agencies, water utilities, state educational and research institutions, nonprofit environmental organizations and any other person or agency the Department deems necessary.

B.  The Department shall develop a program to provide public recognition of users of land located within a public groundwater supply wellhead protection area who demonstrate successful and committed efforts to protect drinking water supplies by implementing innovative approaches to groundwater protection.  Such program shall also promote groundwater protection through education of members of businesses and industry and the public.

Added by Laws 1997, c. 241, § 3, eff. July 1, 1997.

§27A-2-6-310.4.  Act not to affect certain agencies' powers and duties.

No provision of this act shall affect the powers and duties of any state agency or any agency of any political subdivision of the state which is charged with responsibility for water control or water management.

Added by Laws 1997, c. 241, § 4, eff. July 1, 1997.

§27A-2-6-401.  Construction of treatment or sewer systems or changes in treatment, storage, use or disposal of sludge - Permit required, application - Plans and specifications - Innovative treatment techniques.

A.  No person shall construct or let a contract for any construction work of any nature for a municipal treatment works, nonindustrial wastewater treatment system, sanitary sewer system or other sewage treatment works, or for any extension thereof, or make any change in the manner of nonindustrial wastewater treatment or make any change in the treatment, storage, use or disposal of sewage sludge without a permit issued by the Executive Director.  No such permit shall be required for the construction or modification of a private individual sewage disposal system or a small public sewage system provided that such system is constructed or modified in accordance with the requirements of Section 2-6-403 of this title and rules promulgated under Article VI of the Code.

B.  An application for such permit shall include but not be limited to:

1.  An engineering report, prepared by a professional engineer registered in the State of Oklahoma, which includes a complete description of the existing and proposed system or treatment works and the wastewater outfall, if any, and any other data or information required by the Department;

2.  A legal description of the site where the treatment works or the wastewater treatment system is or is proposed to be located; and

3.  A legal description of the site where any discharge point is or is proposed to be located.

C.  Upon the Department's approval of the engineering report, the applicant shall submit plans and specifications for the proposed system or the proposed extension or change of an existing system to the Department for review.  Such plans and specifications shall be prepared by a professional engineer registered in the State of Oklahoma.

D.  Any facility within the jurisdiction of the Department and required to obtain a permit by subsection A of this section may elect to utilize an innovative treatment technique in accordance with this subsection.  An innovative treatment technique is a treatment technique not currently recognized by the Department nor found in the regulations governing construction of such facilities.  Upon compliance with the requirements of this subsection the requirements in subsection A will not apply.  A facility that elects to utilize an innovative treatment technique shall first submit the following documentation to the Department:

1.  An engineering report, prepared by a professional engineer registered in the State of Oklahoma, which includes a complete description of the proposed innovative treatment technique;

2.  A certification from a professional engineer registered in the State of Oklahoma that the innovative treatment technique will allow the facility to meet applicable federal and state discharge and land application requirements; and

3.  A statement from the owner of the facility that should the facility subsequently fail to meet any federal or state discharge or land application requirement that the owner of the facility will immediately take all necessary action to install a recognized treatment technique.

Added by Laws 1963, c. 325, art. 9, § 908, operative July 1, 1963.  Amended by Laws 1971, c. 234, § 1; Laws 1981, c. 277, § 3, emerg. eff. June 26, 1981; Laws 1993, c. 145, § 76, eff. July 1, 1993.  Renumbered from Title 63, § 1-908 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 14, eff. July 1, 1994; Laws 1997, c. 131, § 1, eff. Nov. 1, 1997.

§27A-2-6-402.  Rules - Exemptions.

A.  The Board shall promulgate rules as necessary to implement the provisions of this part pertaining to the treatment of nonindustrial wastewater, and the treatment, storage, use and disposal of sewage sludge and other waste by wastewater treatment systems or treatment works.  Such rules shall include but are not limited to requirements for:

1.  The construction, operation and extension of municipal, public, private and other nonindustrial wastewater treatment systems or treatment works, including the construction or use of surface impoundments and lagoons;

2.  Pretreatment;

3.  Control tests, laboratory checks, monitoring or operating records and reports;

4.  Applications, plans and specifications, permitting and other authorizations;

5.  The monitoring, maintenance and closure of wastewater treatment systems; and

6.  Treatment, sampling, record keeping, reporting and other requirements for sewage sludge consistent with federal regulations.

B.  Such rules may provide for the exemption, and conditions therefor, of specified categories of wastewater treatment systems or treatment works for small public sewage systems from any of the requirements thereof if the public health or the environment will not thereby be endangered.  Provided, no exemption shall be allowed which is inconsistent with applicable minimum federal requirements for discharges or use, transportation or disposal of sludge.

Added by Laws 1993, c. 145, § 77, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 15, eff. July 1, 1994.

§27A-2-6-403.1.  Inspections of existing sewage disposal systems.

The Department of Environmental Quality shall not require a departmental inspection of an existing individual sewage disposal system prior to a service connection to a public water supply system.

Added by Laws 1997, c. 131, § 2, eff. Nov. 1, 1997.

§27A-2-6-403.  Requirements of construction or operation of sewage disposal systems - Planning residential development sewage disposal - Plats.

A.  No small public sewage system or private individual sewage disposal system shall be constructed or operated unless such system, when constructed, complies with requirements prescribed by the Environmental Quality Board as determined by an inspection performed by the Department of Environmental Quality or a person authorized by the Department.  Upon reinspection of an approved system, performed at the request of the lot owner, the Department or a person authorized by the Department shall not require that the system be uncovered unless there is evidence that the system has not functioned properly.

B.  Any person, corporation or other legal entity which creates or intends to create a residential development outside the corporate limits of a city or town shall file a plat describing the methods of sewage disposal for such residential development with the Department.  Approval of the plat shall be obtained prior to recording the plat, offering a lot or lots for sale or beginning construction within such residential development.

1.  The plat shall include:

a. a description of the methods for providing water supply and sewage disposal.  If a public water supply or public sewage is to be used, then verification of the preliminary approval from the Department shall be submitted along with the plat,

b. the actual lot size of each lot in square feet, acres or fractions of acres, and

c. the location of any public water supply source, including wells and surface water supplies, within three hundred (300) feet of the residential development.

2.  Upon approval by the Department, the plat of the residential development shall be imprinted with the stamp of the Department bearing the word "approved", restrictions, if any, signature of the Department or the Department's local representative and the date.  Approval of the plat shall be made effective thirty (30) days after the plat is filed with the Department unless specifically rejected prior to the expiration of the said thirtyday period of time.

3.  The office of county clerk shall not record a plat containing any lot of less than two and onehalf (2 1/2) acres situated outside the corporate limits of a municipality unless said instrument bears the "approved" stamp of the Department.  The Department shall have no authority to disapprove and shall approve plats of tracts that are being developed for individual residence in which no single tract is less than two and onehalf (2 1/2) acres, provided that none of the lots are within three hundred (300) feet of a public water supply source.

C.  Persons creating or intending to create a residential development, after receiving the stamp of approval from the Department or the Department's local representative, shall file such plat in the land records of the county where the residential development is to be situated.

D.  For purposes of this section, "subdivision of land for purposes of a residential development" shall have the same meaning as "subdivision" as defined in Section 863.9 of Title 19 of the Oklahoma Statutes.

E.  Any person who knowingly creates a residential development without receiving the approval of the Department or the Department's local representative of a plat or without filing of record a plat in violation of this section, or who installs a private sewage disposal system on a lot for which disapproval of a private sewage disposal system has previously been filed of record shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.

F.  The Department is authorized to use monies other than fees or appropriated funds as such monies may be available to the Department to offer financial assistance to indigent citizens of the State of Oklahoma to reduce the incidence of surfacing sewage in the State of Oklahoma.

Added by Laws 1963, c. 325, art. 9, § 910, operative July 1, 1963.  Amended by Laws 1973, c. 230, § 1, eff. Oct. 1, 1973; Laws 1979, c. 138, § 1; Laws 1981, c. 277, § 7, emerg. eff. June 26, 1981; Laws 1985, c. 272, § 1, eff. Nov. 1, 1985; Laws 1986, c. 318, § 1, eff. Nov. 1, 1986; Laws 1993, c. 145, § 78, eff. July 1, 1993.  Renumbered from Title 63, § 1-910 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 16, eff. July 1, 1994; Laws 1999, c. 284, § 2, emerg. eff. May 27, 1999.

§27A-2-6-501.1.  Repealed by Laws 1994, c. 373, § 31, eff. July 1, 1996.

§27A-2-6-501.2.  Sludge management land application plan.

A.  Any permit application received by the Department on or after July 1, 1993, for a discharge permit, a municipal or industrial wastewater construction or treatment permit or a public water supply permit shall include or provide for a sludge management plan if the applicant proposes the beneficial use of such sludge or wastewater through land application.

B.  Any permittee proposing the land application of wastewater or sludge under the terms of an existing Department issued municipal or industrial construction or wastewater treatment permit, a discharge permit or a water supply permit, must receive the Department's approval on a sludge management plan.  Adding a sludge management land application plan to an existing individual industrial discharge permit or an industrial wastewater treatment permit issued by the Department shall require the major modification of the existing permit.  For purposes of this section, permits issued by the Oklahoma Water Resources Board and the State Department of Health prior to June 30, 1993 shall be deemed issued by the Department upon the transfer of such permits to the Department effective July 1, 1993.

C.  Sludge management plans for the land application of sludge or wastewater which have been approved by the Department may be modified or amended by the Department pursuant to rules promulgated by the Board.

D.  Any use or final disposition of sludge other than land application shall require the approval of the Department pursuant to rules promulgated by the Board.

Added by Laws 1993, c. 324, § 27, eff. July 1, 1993.

§27A-2-6-501.3.  Promulgation of rules.

The Board shall promulgate rules which shall include, but not be limited to, the following:

1.  Prohibiting the practice of plowing sludge that contains heavy metal concentrations significantly above concentrations normal to sludges with demonstrated effectiveness on Oklahoma soils prior to completion of a comprehensive study of all potential adverse effects by a qualified research institute familiar with the crops and soils of the State of Oklahoma, into or onto the soil surface;

2.  Requiring that each load of sludge generated outside the State of Oklahoma be sampled at the location at which it is generated and have appropriate analysis performed by an independent laboratory certified by the Department with random quality assurance samples taken by the Department to assure that the sludge falls within the requirements established by the Board; and

3.  Requiring the generators to submit the following information:  Dates of shipment and application of sludge; weather conditions upon delivery and application; location of sludge application site; area to be used for land application; amount of sludge delivered or applied; a copy of the test results showing the quality of the sludge; and a copy of the sludge use agreement.  Such records shall be retained by the Department for a period of five (5) years after any land application of sludge and shall be made available to the public for inspection.

Added by Laws 1992, c. 361, § 3, emerg. eff. June 4, 1992.  Amended by Laws 1993, c. 145, § 154, eff. July 1, 1993.  Renumbered from Title 63, § 1-2308 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 39, eff. July 1, 1993.  Renumbered from § 2-10-403 of this title by Laws 1994, c. 353, § 42, eff. July 1, 1994.

§27A-2-6-501.4.  Sludge containing heavy metal concentrations significantly above normal ranges - Soil and crop studies - Municipal corrective action plans - Comprehensive study.

A.  1.  The Department shall not approve any  sludge management plan or issue any permit for the land application of sludge which contains heavy metal concentrations significantly above concentration ranges normal to sludges with demonstrated effectiveness on Oklahoma soils as determined by the Department.  Rules promulgated by the Board for applications for sludge management plans and permits shall require a study of the effects of the sludge on the various types of soils and crops found at the location of the proposed sludge application site.  Such study shall encompass the effects of the sludge on the soils and crops during four (4) growing seasons.

2.  Any municipality having a sludge management plan approved prior to May 25, 1992, for the land application of sludge containing heavy metal concentrations significantly above acceptable concentration ranges may discontinue such land application of the sludge or shall develop a corrective action plan containing a schedule of compliance for reducing the heavy metal concentration to an acceptable range.  The municipality shall submit the corrective action plan to the Department for approval.  If the Department  disapproves of the plan or the municipality fails to comply with the plan so approved, the Department may require that any such land applications of sludge by the municipality be discontinued pursuant to Article II of the Administrative Procedures Act.

B.  For developing statewide criteria for application of sludge which contains heavy metal concentrations significantly above concentration ranges normal to sludge, the Department shall utilize a comprehensive study of the potential adverse effects of such sludge on the soils of this state completed by a qualified research institute familiar with the crops and soils of this state.  Such study shall be completed by September 1, 1996, and a report of the findings shall be delivered to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Executive Director no later than September 1, 1996.

Added by Laws 1992, c. 267, § 1, emerg. eff. May 25, 1992.  Amended by Laws 1993, c. 145, § 155, eff. July 1, 1993.  Renumbered from Title 63, § 1-2304.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 40, eff. July 1, 1993.  Renumbered from § 2-10-404 of this title by Laws 1994, c. 353, § 43, eff. July 1, 1994.

§27A-2-6-501.5.  Agricultural use of sludge.

Sludge shall only be used on agricultural land at agronomic rates, as determined by the Department, provided the application is performed in accordance with an approved sludge management plan or permit and the rules promulgated by the Board which shall include, but shall not be limited to, the following:

1.  Annual land application of sludge shall not exceed nitrogen and phosphorous fertilization rates for the crop grown and shall not be applied at rates that result in phytotoxicity;

2.  Sludge applied to land shall be incorporated into the soil before the end of each working day;

3.  Sludge shall not be applied within two (2) feet of the highest seasonal water table nor applied to the land within one hundred (100) feet of a stream or body of water; and

4.  Sludge shall not be applied within two hundred fifty (250) feet of a public or private water supply.

Added by Laws 1992, c. 361, § 4, emerg. eff. June 4, 1992.  Amended by Laws 1993, c. 145, § 156, eff. July 1, 1993.  Renumbered from Title 63, § 1-2309 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Renumbered from § 2-10-405 of this title by Laws 1994, c. 353, § 44, eff. July 1, 1994.

§27A-2-6-501.6.  Distribution of municipal sludge.

In addition to the requirements imposed by Section 2-6-501 et seq. of Title 27A of the Oklahoma Statutes, municipal sludge shall be distributed by a municipality in accordance with an approved sludge management plan.  Such plan shall authorize the municipality to award such sludge to any qualified recipient for land application if such recipients meet the requirements of Section 2-6-501.5 of Title 27A of the Oklahoma Statutes.  Municipalities are authorized to adopt any method they choose for selecting qualified recipients for land application of sludge including, but not limited to, accepting monetary bids.

Added by Laws 2005, c. 105, § 1, emerg. eff. April 26, 2005.

§27A-2-6-501.  Activities requiring water quality permit - Facility changes, discharge of sewage - Rules.

A.  It shall be unlawful for any person to carry on any of the following activities with regard to wastewater or sludge without first securing a water quality permit from the Department unless such activity is approved in a permit issued by the Executive Director under Part 2, Article VI, Chapter 2 of this Code:

1.  The construction, installation, operation and closure of any industrial surface impoundment, industrial septic tank or treatment system, or the use of any existing unpermitted surface impoundment, septic tank or treatment system that is within the jurisdiction of the Department and which is proposed to be used for the containment or treatment of industrial wastewater or sludge;

2.  The construction, installation or operation of any industrial or commercial facility subject to the permitting authority of the Department, the operation of which would cause an increase in the discharge of waste into the waters of the state or would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner not already lawfully authorized;

3.  The construction or use of any new outfall for the discharge of any waste or pollutants into the waters of the state; or

4.  The land application of any nonindustrial or industrial wastewater and the land application of sludge.

B.  Any major addition, extension, operational change or other change proposed for a facility permitted pursuant to subsection A of this section shall require the approval of the Department through the major modification of the facility's permit prior to construction or implementation of such addition, extension or change.

C.  A permit for activities specified in paragraph A of this section shall be issued by the Executive Director for no more than five (5) years and may be renewed pursuant to rules of the Board.

D.  The discharge of domestic sewage except to a public or private disposal system approved or authorized by the Department or the surfacing of effluent from any domestic septic system shall be deemed pollution for purposes of the provisions of Section 2-6-105 of this title.

E.  The Board may promulgate rules for the implementation of the of this part, including but not limited to the submission of applications, plans, specifications and other necessary information, and requirements for monitoring, reporting, operation and maintenance, corrective action, construction and closure.  Such rules may incorporate by reference any applicable federal regulations.

Added by Laws 1972, c. 242, § 4.  Amended by Laws 1993, c. 145, § 79, eff. July 1, 1993.  Renumbered from Title 82, § 926.4 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 25, eff. July 1, 1993; Laws 1994, c. 353, § 17, eff. July 1, 1994.

§27A-2-6-601.  Rules - Application - Authority of Department.

A.  The Board shall have authority to make rules for the control of sanitation on all property located within any reservoir or drainage basin, which shall include but not be limited to rules:

1.  Relating to the collection and disposal of domestic and industrial wastes within any reservoir or drainage basin;

2.  Prohibiting the dumping of garbage, trash or other wastes or contaminated material within any reservoir or drainage basin; and

3.  Providing that all wastes originating within any reservoir or drainage basin shall be disposed of in a manner approved by the Board, and that the plans and specifications for any disposal system shall be approved by the Department prior to the construction of any such system.

B.  The provisions of this section shall not apply to:

1.  Any lake, body of water, or reservoir owned or controlled by any city, town or municipality of this state, unless such city, town or municipality shall, by duly enacted ordinance, elect to come under the provisions of this section; and

2.  Impounded water on privately owned land not open to public use.

C.  The Department is hereby authorized to:

1.  Conduct research, studies, demonstrations and investigations relating to the use and reuse of wastewater;

2.  Accept, use, disburse and administer grants, allotments, gifts, devises, bequests, appropriations and other monies, equipment or property furnished or given to the Department, for the purposes and intent of this article and enter into contracts therefor; and

3.  Utilize such personnel, equipment, laboratories and other resources which it has or which may become available through stateappropriated funds, federal grants or from other sources for such purpose.

Laws 1963, c. 325, art. 9, § 912, operative July 1, 1963; Laws 1993, c. 145, § 80, eff. July 1, 1993.  Renumbered from Title 63, § 1-912 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-6-701.  Underground injection of hazardous and nonhazardous liquids - Permit required - Water wells and holes to be constructed or sealed to avoid pollution.

A.  A permit issued by the Executive Director of the Department of Environmental Quality shall be required for Class I, III, IV and V injection wells pursuant to the federal Safe Drinking Water Act and 40 CFR Parts 144 through 148, inclusive, except for:

1.  Class V injection wells utilized in the remediation of groundwater associated with underground and aboveground storage tanks regulated by the Corporation Commission; and

2.  Wells used for the recovery, injection or disposal of mineral brines as defined in the Oklahoma Brine Development Act regulated by the Corporation Commission.

B.  All water wells, monitoring wells, unused water test wells and water test holes used or capable of being used as sources of domestic or public water supply shall be constructed, sealed or plugged as required by the Department in a manner to avoid pollution of waterbearing strata.

Added by Laws 1963, c. 325, art. 9, § 902, operative July 1, 1963.  Amended by Laws 1993, c. 145, § 81, eff. July 1, 1993.  Renumbered from Title 63, § 1-902 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 2000, c. 364, § 4, emerg. eff. June 6, 2000.

§27A-2-6-801.  Licenses required - Rules and regulations.

A.  All persons before engaging in the cleaning or pumping of septic tanks or holding tanks and disposing of sewage or septage taken therefrom shall first obtain a license which shall be issued by the Department under such rules as may be promulgated by the Board.  Such license shall be issued and may be revoked contingent upon compliance or failure to comply with the provisions of this section and rules promulgated pursuant thereto.  The rules shall include but not be limited to the following:

1.  A requirement that an annual fee as set by the Board pursuant to Section 2-3-402 of this title be paid to the Department for each license;

2.  A requirement that each vehicle shall include an enclosed watertight tank with adequate pump and hose facilities in such condition that no sewage may spill or leak while in transit;

3.  The registration of each vehicle used in the business by model, make, owner and license number;

4.  A requirement that a permit or written approval shall be secured by the license holder from the appropriate city or town or from the Department's local representative in the area of operation, which designates the place and method of final disposal of the sewage or septage;

5.  A requirement that no license shall be issued or renewed under the provisions of this section until said applicant complies with the rules of the Board regarding the cleaning and pumping of septic tanks and holding tanks and the disposal of sewage or septage taken therefrom; and

6.  Requirements and standards for the beneficial use or disposal of the sewage or septage and provisions necessary to implement any applicable federal requirements.

B.  Nothing in this section shall limit the authority of a city or town to prescribe regulations to collect additional fees related to the cleaning of septic tanks or holding tanks and the disposal of sewage or septage therefrom.

Added by Laws 1963, c. 325, art. 10, § 1009, operative July 1, 1963.  Amended by Laws 1969, c. 272, § 1, emerg. eff. April 24, 1969; Laws 1993, c. 145, § 82, eff. July 1, 1993.  Renumbered from Title 63, § 1-1009 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 18, eff. July 1, 1994.

§27A-2-6-901.  Penalties - Misdemeanor - Injunctions - Assessment of civil penalties.

A.  In addition to other penalties as may be imposed by law, any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this article, or who violates any rule promulgated thereunder, or the terms of any order, permit, license or certification issued thereunder, shall, upon conviction, be guilty of a misdemeanor and in addition thereto may be enjoined from continuing such violation.  In addition to other penalties or liabilities as may be imposed by law, violations may be punishable in civil proceedings by assessment of a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each violation or, in criminal proceedings, by a fine of not less than Two Hundred Dollars ($200.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment.  Each day upon which such violation occurs shall constitute a separate violation.

B.  Part 5 of Article III of Chapter 2 of this act shall apply to violations under this article except when inconsistent with the provisions of the Oklahoma Pollutant Discharge Elimination System Act.

C.  The provisions of subsection A of this section shall not apply to the Oklahoma Pollutant Discharge Elimination System Act or hazardous waste injection wells.

Added by Laws 1993, c. 145, § 83, eff. July 1, 1993.

§27A-2-7-101.  Short title.

This article shall be known and may be cited as the "Oklahoma Hazardous Waste Management Act".

Laws 1976, c. 251, § 1.  Renumbered from § 2751 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1992, c. 403, § 4, eff. Sept. 1, 1992; Laws 1993, c. 145, § 84, eff. July 1, 1993.  Renumbered from Title 63, § 1-2001 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-102.  Hazardous waste - Regulation and control by this act.

Hazardous waste shall be subject to the provisions of the "Oklahoma Hazardous Waste Management Act" and shall not be subject to the provisions of the "Oklahoma Solid Waste Management Act".

Laws 1990, c. 196, § 8, emerg. eff. May 10, 1990; Laws 1992, c. 403, § 5, eff. Sept. 1, 1992; Laws 1993, c. 145, § 85, eff. July 1, 1993.  Renumbered from Title 63, § 1-2001.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-103.  Definitions.

As used in the Oklahoma Hazardous Waste Management Act:

1.  "Affected property owners" means all real property owners within one (1) mile of the outer perimeter of a proposed hazardous waste site;

2.  "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as a general or key manager who directs the operations of the site or facility which is the subject of the application, and

c. any person owning or controlling more than five percent (5%) of the applicant's debt or equity;

3.  "Council" means the Hazardous Waste Management Advisory Council;

4.  "Demonstrated pattern of prohibited conduct" means a series of conduct of the same or like character in violation of state or federal environmental laws which, as a result of the applicant's or affiliated person's reckless disregard thereof, actually endangers, or reasonably has the potential to endanger, human health or the environment;

5.  "Disclosure statement" means a written statement by the applicant which contains:

a. the full name, business address, and social security number of the applicant, and all affiliated persons,

b. the full name and address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%), or which is a parent company or subsidiary of the applicant, and a description of the on-going organizational relationships as they may impact operations within the state,

c. a description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental facility regulation,

d. a listing and explanation of any administrative, civil or criminal legal actions against the applicant or any affiliated person which resulted in a final agency order or final judgment by a court of record including, but not limited to, final orders or judgments on appeal in the ten (10) years immediately preceding the filing of the application relating to the generation, transportation, storage, treatment, recycling or disposal of "hazardous waste" as defined by the Oklahoma Hazardous Waste Management Act or by the United States Environmental Protection Agency pursuant to the Federal Resource Conservation and Recovery Act.  Such actions shall include, without limitation, any permit denial or any sanction imposed by a state regulatory authority or the United States Environmental Protection Agency, and

e. a listing of any federal environmental agency and any state environmental agency outside this state that has or has had regulatory responsibility over the applicant;

6.  "Disposal" means the final disposition of hazardous waste;

7.  "Disposal site" means the location where any final disposition of hazardous waste occurs.  Disposal sites include but are not limited to injection wells and surface disposal sites;

8.  "Guarantor" means any person other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to the Oklahoma Hazardous Waste Management Act;

9.  "Hazardous waste" means waste materials and byproducts, either solid or liquid or containerized gas, which are:

a. to be discarded by the generator or recycled,

b. toxic to human, animal, aquatic or plant life, and

c. generated in such quantity that they cannot be safely disposed of in properly operated, stateapproved solid waste landfills or waste, sewage or wastewater treatment facilities.

The term "hazardous waste" may include but is not limited to explosives, flammable liquids, spent acids, caustic solutions, poisons, containerized gases, sludges, tank bottoms containing heavy metallic ions, toxic organic chemicals, and materials such as paper, metal, cloth or wood which are contaminated with hazardous waste.  The term "hazardous waste" shall not include domestic sewage;

10.  "Hazardous waste facility" means and includes storage and treatment facilities and disposal sites;

11.  "History of noncompliance" means any past operations by an applicant or affiliated persons which clearly indicate a reckless disregard for environmental regulation or demonstrate a pattern of prohibited conduct which could reasonably be expected to result in endangerment to human health or the environment if a permit were issued, as evidenced by findings, conclusions and rulings of any final agency order or final order or judgment of a court of record;

12.  "Multiuser onsite treatment facility" means a treatment facility for hazardous waste generated by the coowners of the facility and which meets the criteria specified by the Oklahoma Hazardous Waste Management Act;

13.  "Offsite treatment, storage, recycling or disposal" means the treatment, storage, recycling or disposal at a hazardous waste facility of hazardous waste not generated by the owner of the facility;

14.  "Onsite treatment, storage, recycling or disposal" means the treatment, storage, recycling or disposal at a hazardous waste facility of hazardous waste generated by the owner of the facility;

15.  "Person" means any individual, corporation, industry, firm, partnership, association, venture, trust, institution, federal, state or local governmental instrumentality, agency or body or any other legal entity however organized;

16.  "Recycling" means the reuse, processing, treating, neutralizing or rerefining of hazardous waste into a product which is being reused or which has been sold for beneficial use.  Hazardous waste which is intended for fuel is not deemed to be recycled until it is actually burned;

17.  "Regeneration" or "regenerated" means the regeneration of spent activated carbon to render it reusable, and any treatment, storage or disposal associated therewith;

18.  "Site" or "proposed site" means the surface area of a disposal site, or other hazardous waste facility, as applied for in the application for a permit for the facility;

19.  "Storage facility" means any location where the temporary holding of hazardous waste occurs, including any tank, pit, lagoon, pond, or other specific place or area;

20.  "Treatment" means the detoxification, neutralization, incineration or biodegradation of hazardous waste in order to remove or reduce its harmful properties or characteristics; and

21.  "Treatment facility" means any location where treating or recycling of hazardous waste occurs.

Laws 1976, c. 251, § 2; Laws 1978, c. 260, § 1, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 1, eff. July 1, 1981.  Renumbered from § 2752 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1987, c. 51, § 1, emerg. eff. April 29, 1987; Laws 1988, c. 54, § 1, eff. Nov. 1, 1988; Laws 1990, c. 296, § 1, operative July 1, 1990; Laws 1991, c. 173, § 1; Laws 1992, c. 201, § 1, eff. July 1, 1992; Laws 1992, c. 403, § 6, eff. Sept. 1, 1992; Laws 1993, c. 145, § 86, eff. July 1, 1993.  Renumbered from Title 63, § 1-2002 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 2005, c. 20, § 2, emerg. eff. April 5, 2005.

§27A-2-7-104.  Hazardous waste management program - Personnel.

A hazardous waste management program responsible for the regulation and management of hazardous waste shall be maintained within the Department.  The hazardous waste management program shall consist of a director, who shall be hired by the Executive Director, and additional employees as the Executive Director deems are necessary and duly qualified to carry out the provisions of the Oklahoma Hazardous Waste Management Act.  As a prerequisite for employment as the director of the hazardous waste management program, the applicant shall have expertise and at least two (2) years' experience in waste management.  The director and all employees of the hazardous waste management program shall be subject to the Merit System of Personnel Administration.

Laws 1976, c. 251, § 3; Laws 1978, c. 260, § 2, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 2, eff. July 1, 1981.  Renumbered from Title 63, § 2753 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1991, c. 173, § 2; Laws 1992, c. 403, § 7, eff. Sept. 1, 1992; Laws 1993, c. 145, § 87, eff. July 1, 1993.  Renumbered from Title 63, § 1-2003 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-105.  Powers and duties of Department of Environmental Quality.

The Department shall have the power and duty to:

1.  Issue permits for the construction and operation and for the post-closure, maintenance and monitoring of hazardous waste facilities;

2.  Provide the owner or operator of a hazardous waste facility a list of all materials which the Department deems acceptable for treatment, recycling, storage, and disposal at the facility;

3.  Make periodic inspections of hazardous waste facilities and recycling, transporting, and generating facilities to determine the extent of compliance with the Oklahoma Hazardous Waste Management Act and rules promulgated thereunder, and orders, permits and licenses issued pursuant thereto;

4.  Develop, maintain, and monitor public records of the source and amount of hazardous waste generated in Oklahoma and the methods used to dispose of, recycle, or treat said waste or material;

5.  Require and prescribe manifest forms to all persons generating and transporting hazardous waste off-site for storage, recycling, treatment, or disposal;

6.  Require and approve or disapprove disposal plans from all persons generating hazardous waste or shipping hazardous waste within, from, or into Oklahoma indicating the amount of hazardous waste generated, the handling, storage, treatment, and disposal methods, and the hazardous waste facilities used.  The disposal plans shall be kept current by the persons generating or shipping hazardous waste and the Department shall be advised within five (5) working days of any changes in the disposal plans;

7.  Require reports from all persons generating hazardous waste, indicating the amount generated, the treatment and disposal methods, and the treatment, disposal, and recycling sites used.  Such reports are to be made on at least a quarterly basis;

8.  Require periodic reports or manifest certifications regarding such programs and efforts to reduce the volume or quantity and toxicity of such hazardous waste as may be required by or pursuant to authority of the Oklahoma Hazardous Waste Management Act;

9.  Require reports from all operators of hazardous waste facilities who receive hazardous waste for treatment or storage or disposal, listing the amount, transporter, and generator of all hazardous waste received.  Such reports are to be made on at least a monthly or quarterly basis, as designated by the Department;

10.  Approve or disapprove methods of disposal of hazardous waste, and may prohibit certain specific disposal practices including, but not limited to, any type of land disposal of any form of such waste.  Land disposal includes, but is not limited to, landfills, surface impoundments, waste piles, deep injection wells, land treatment facilities, salt dome and bed formations and underground mines or caves;

11.  Inform persons generating hazardous waste of available, alternative methods of disposal of such waste and assist the persons in developing satisfactory disposal plans;

12.  Develop a system to provide information on recyclable wastes to potential users of such materials.  Such information shall not include any information which the Department deems confidential or private in nature;

13.  Cooperate and share information with the U.S. Environmental Protection Agency;

14.  Prepare an emergency response plan for spills of hazardous waste and for spills of hazardous materials;

15.  Make information obtained by the Department regarding hazardous waste facilities and sites available to the public in substantially the same manner, and to the same degree, as would be the case if the hazardous waste program in this state were being carried out by the U.S. Environmental Protection Agency;

16.  Develop rules with respect to any existing surface impoundment or landfill or class of surface impoundments or landfills from which the Department determines hazardous waste may migrate into groundwater, impose such requirements, including but not limited to double liners and leachate detection and collection systems, as may be necessary to protect human health and the environment;

17.  Prohibit or restrict the use of any specific disposal methods or practices for specific hazardous waste material, substances or classes, as may be necessary to protect human health and the environment;

18.  Identify areas within the state which are unsuitable for specific hazardous waste disposal methods, and deny permits for such disposal methods in such areas;

19.  Issue a oneyear research development and demonstration permit for any treatment facility which proposes an innovative and experimental hazardous waste treatment technology or process not yet regulated.  Permits may be renewed no more than three times.  No renewal may exceed one (1) year;

20.  Waive or modify general permit application and issuance requirements for research and development permits, except for financial responsibility and public participation requirements;

21.  Terminate experimental activity if necessary to protect human health and the environment;

22.  Require oil recycling facilities using hazardous waste to have a hazardous waste facility permit;

23.  Issue permits containing any conditions necessary to protect human health and the environment;

24.  Issue permits for the storage of hazardous waste in underground tanks;

25.  Require groundwater monitoring for any landfill, surface impoundment, land treatment site or pile;

26.  Determine and enforce penalties for violations of the Oklahoma Hazardous Waste Management Act and rules promulgated thereunder;

27.  Evaluate the benefit of rules governing labeling practices for any containers used for the disposal, storage, or transportation of hazardous waste which accurately identify such waste, and govern the use of appropriate containers for such waste not otherwise regulated by the federal government;

28.  Monitor research and development regarding methods of the handling, storage, use, processing, and disposal of hazardous waste;

29.  Cooperate with existing technical reference centers on hazardous waste disposal, recycling practices, and related information for public and private use;

30.  Monitor research in the technical and managerial aspects of management and use of hazardous waste and recycling and recovery of resources from hazardous wastes;

31.  Determine existing rates of production of hazardous waste;

32.  Promote recycling and recovery of resources from hazardous wastes;

33.  Encourage the reduction or exchange, or both, of hazardous waste; and

34.  Cooperate with an existing information clearinghouse, to develop records of recyclable waste.  Every generator of hazardous waste shall supply the Department with information for the clearinghouse.  Each generator shall not be required to supply any more information than is required by the manifests.  The Department shall make this information available to persons who desire to recycle the wastes.  The information shall be made available in such a way that the trade secrets of the producer are protected.

Added by Laws 1976, c. 251, § 4.  Amended by Laws 1978, c. 260, § 3, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 4, eff. July 1, 1981.  Renumbered from Title 63, § 2754 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1986, c. 180, § 1, emerg. eff. May 15, 1986; Laws 1990, c. 296, § 2, operative July 1, 1990; Laws 1991, c. 173, § 3; Laws 1992, c. 403, § 9, eff. Sept. 1, 1992; Laws 1993, c. 145, § 88, eff. July 1, 1993.  Renumbered from Title 63, § 1-2004 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 17, eff. July 1, 1994.

§27A-2-7-106.  Rules and regulations - Hearings - Consultation and advice.

The Council, with at least five members concurring, shall submit recommended rules to the Board concerning the listing and characterization of hazardous waste, the construction and operation of hazardous waste facilities, specific disposal practices for specified wastes, the transportation and storage of hazardous waste, and the recycling, storage and transportation of recyclable materials.  The Council shall consult with and advise the Department on matters relating to hazardous waste management.

Laws 1981, c. 322, § 5, eff. July 1, 1981; Laws 1992, c. 403, § 10, eff. Sept. 1, 1992; Laws 1993, c. 145, § 89, eff. July 1, 1993.  Renumbered from Title 63, § 1-2004.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-107.  Rules - Regulation of radioactive waste - Federal preemption.

A.  In addition to other powers and duties specified by law, the Board shall promulgate rules to:

1.  Prohibit the placement of any liquid which is not a hazardous waste in a landfill for which a permit is required or which is operating under interim status;

2.  Prohibit or restrict the storage of hazardous waste for which land disposal is prohibited, except to the extent that such storage is solely for the purpose of accumulation of such quantities of hazardous wastes as are necessary to facilitate proper recovery, treatment, or disposal;

3.  Prohibit or restrict the use of waste or used oil or other material used for dust suppression or road treatment, which is contaminated or mixed with dioxin or any other waste identified or listed by rules of the Board as a hazardous waste except a waste identified solely on the basis of ignitability;

4.  Require such monitoring and control of air emissions at hazardous waste treatment, storage, and disposal facilities, including but not limited to open tanks, surface impoundments, and landfills, as may be necessary to protect human health and the environment;

5.  Regulate the production, burning, distribution, and marketing of fuel containing hazardous waste, and the commercial collection, storage, transportation, marketing, management, burning and disposal of used oil as may be necessary to protect human health and the environment including, but not limited to, labeling and recordkeeping requirements;

6.  Control the listed or identified hazardous wastes which discharge through a sewer system to a publicly owned treatment works for the protection of human health and the environment;

7.  Provide in accordance with Sections 3005(c) and 3005(e) of the Resource Conservation and Recovery Act for the automatic termination of interim status for hazardous waste units failing to comply with applicable requirements for the submission of part B permit applications and certification of groundwater monitoring and financial responsibility compliance;

8.  Require from applicants for and owners and operators of hazardous waste facilities evidence of financial responsibility for corrective action as may be required or ordered under the authority of the Oklahoma Hazardous Waste Management Act;

9.  Require that generators of hazardous waste establish and implement programs to reduce the volume or quantity and toxicity of such waste to the extent economically practicable; and

10.  Specify levels or methods of treatment which substantially diminish the toxicity of the waste or likelihood of its migration so as to minimize threats to human health and the environment.

B.  The hazardous waste component of mixed waste and radioactive waste shall be regulated as hazardous waste.  The radioactive waste component shall be regulated as radioactive waste.  Both the hazardous waste requirements and the radioactive waste requirements shall apply if physical separation of the two components is not accomplished.  If a conflict exists between the two requirements, the requirement most protective of human health and the environment shall take precedence.

C.  Rules pertaining to standards for the transportation of hazardous waste and recyclable materials shall not be more stringent than those of the U.S. Department of Transportation, unless a waiver of preemption is granted pursuant to federal statutes and rules promulgated thereunder.

Added by Laws 1986, c. 180, § 2, emerg. eff. May 15, 1986.  Amended by Laws 1988, c. 42, § 1, emerg. eff. March 21, 1988; Laws 1990, c. 196, § 3, emerg. eff. May 10, 1990; Laws 1992, c. 403, § 11, eff. Sept. 1, 1992; Laws 1993, c. 145, § 90, eff. July 1, 1993.  Renumbered from Title 63, § 1-2004.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 19, eff. July 1, 1994.

§27A-2-7-108.  Hazardous waste facilities - Permit for storage, treatment or disposal - Operation of recycling facilities not required to be permitted.

A.  Except as otherwise provided by subsection B of this section or any rules of the Environmental Quality Board with respect to short-term storage, no person shall store, treat or dispose of hazardous waste materials or commence construction of or own or operate any premises or facility engaged in the operation of storing, treating or disposing of hazardous waste or storing recyclable materials, who does not possess a valid and appropriate hazardous waste facility permit.  The provisions of this subsection shall not include remediation activities under an order of the Department of Environmental Quality which would not require a federal hazardous waste permit from the Environmental Protection Agency if conducted pursuant to a federal order.

B.  1.  Any person who owned or operated a hazardous waste facility which was operating or under construction on November 19, 1980, and who has submitted notice and permit application to the U.S. Environmental Protection Agency or to the Department, and whose facility complies with the rules of the Board, may continue operation until such time as the permit application is determined.

2.  The Board may by rule provide for continued operation on an interim basis pending permit determination of a facility in existence on the effective date of any statutory or regulatory amendments that would subject the facility to a permit requirement pursuant to the Oklahoma Hazardous Waste Management Act.

3.  The provisions for the allowance of continued operation on an interim basis under paragraphs 1 and 2 of this subsection shall not apply in the case of a facility for which a permit, under the Oklahoma Hazardous Waste Management Act, has been previously denied or for which authority to operate has been terminated.

C.  Facilities engaged in recycling which are not required to be permitted pursuant to the provisions of the Oklahoma Hazardous Waste Management Act shall operate in an environmentally acceptable manner and in accordance with the rules regarding the manifest, transportation and treatment, storage and disposal standards, and generators in the event a hazardous waste is generated therefrom.

Added by Laws 1981, c. 322, § 10, eff. July 1, 1981.  Amended by Laws 1990, c. 196, § 6, emerg. eff. May 10, 1990; Laws 1990, c. 296, § 3, operative July 1, 1990; Laws 1991, c. 173, § 8; Laws 1992, c. 403, § 25, eff. Sept. 1, 1992; Laws 1993, c. 145, § 91, eff. July 1, 1993.  Renumbered from Title 63, § 1-2009.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 20, eff. July 1, 1994; Laws 1999, c. 284, § 3, emerg. eff. May 27, 1999.

§27A-2-7-109.  Limitation on persons eligible for issuance, renewal or transfer of permit - Disclosure of information - Applicability.

A.  In order to protect the public health and safety and the environment of this state, the Department, pursuant to the Oklahoma Hazardous Waste Management Act, shall not issue, renew, or transfer a permit for a hazardous waste facility for treatment, storage, recycling or disposal to any person who:

1.  Is not in substantial compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency relating to the generation, storage, transportation, treatment, recycling or disposal of "hazardous waste", as such term is defined by the Oklahoma Hazardous Waste Management Act, or by the United States Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act;

2.  Has evidenced a reckless disregard for the protection of the public and the environment as demonstrated by a history of noncompliance with environmental laws and rules resulting in endangerment of human health or the environment; or

3.  Has as an affiliated person any person who is described by paragraph 1 or 2 of this subsection.

B.  1.  Except as provided in paragraph 2 of this subsection, all applicants for the issuance, renewal or transfer of any hazardous waste permit, license, certification or operational authority issued by the Department shall file a disclosure statement with their applications.

2.  If the applicant is a publicly held company required to file periodic reports under the Securities and Exchange Act of 1934, or a wholly owned subsidiary of a publicly held company, the applicant shall not be required to submit a disclosure statement, but shall submit the most recent annual and quarterly reports required by the Securities and Exchange Commission, which provide information regarding legal proceedings in which the applicant has been involved.  The applicant shall submit such other relevant information as the Department may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons.

C.  The Department is authorized to revoke, or to refuse to issue, to renew, or to transfer a permit for a hazardous waste facility for treatment, storage, recycling or disposal to any person who:

1.  Is not, due solely to the actions or inactions of the applicant or affiliated person, in substantial compliance with any final agency order or final order or judgment of a court of record secured by the Department issued pursuant to the provisions of the Oklahoma Hazardous Waste Management Act;

2.  Is not, due solely to the actions or inactions of the applicant or affiliated person, in substantial compliance with any final agency order or final order or judgment of a court of record secured by any state or federal agency, as determined by that agency, relating to the generation, storage, transportation, treatment, recycling or disposal of any "hazardous waste", as such term is defined by the Oklahoma Hazardous Waste Management Act, or by the United States Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act;

3.  Has evidenced a history of a reckless disregard for the protection of the public health and safety or the environment through a history of noncompliance with state or federal environmental laws, including without limitation the rules of the Department or the United States Environmental Protection Agency regarding the generation, storage, transportation, treatment, recycling or disposal of any "hazardous waste", as such term is defined by the Oklahoma Hazardous Waste Management Act, or by the United States Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act; or

4.  Has as an affiliated person any person who is described by paragraphs 1, 2 or 3 of this subsection.

D.  1.  An application for a permit for a hazardous waste facility for treatment, storage, recycling or disposal or a renewal thereof shall be signed under oath by the applicant.

2.  The Department may refuse to renew, or may suspend or revoke, a permit issued pursuant to the Oklahoma Hazardous Waste Management Act for a hazardous waste facility for treatment, storage, recycling or disposal to any person who has failed to disclose or states falsely any information required pursuant to the provisions of this section.  Any person who willfully fails to disclose or states falsely any such information, upon conviction, shall be guilty of a felony and may be punished by imprisonment for not more than five (5) years or fined not more than One Hundred Thousand Dollars ($100,000.00) or both such fine and imprisonment.

E.  Noncompliance with a final agency order or final order or judgment of a court of record which has been set aside by a court on appeal of such final order or judgment shall not be considered a final order or judgment for the purposes of this section.

F.  The Board shall promulgate rules pursuant to the Administrative Procedures Act as may be necessary and appropriate to implement the provisions of this section.

G.  The provisions of this section shall apply to:

1.  Any pending or future application for a permit for land disposal or treatment of hazardous waste, except treatment at a facility accepting hazardous waste exclusively for the purpose of conducting research and design tests; and

2.  Any application for a permit for hazardous waste treatment, storage, recycling or disposal which is initially submitted to the Department after July 31, 1992, or which has not been determined by the Department to be technically complete by December 31, 1993, regardless of the initial submittal date.

Added by Laws 1992, c. 201, § 3, eff. July 1, 1992.  Amended by Laws 1993, c. 145, § 92, eff. July 1, 1993.  Renumbered from Title 63, § 1-2004.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 18, eff. July 1, 1994.

§27A-2-7-110.  Liquid hazardous waste - Certain disposal prohibited - Exceptions.

A.  The Department shall not issue a permit for the treatment, disposal or temporary storage of any liquid hazardous waste in a surface impoundment which is not generated by the owners of the surface impoundment.

B.  Except as otherwise specifically provided by law, the disposal of any liquid hazardous waste in a landfill or in a surface impoundment is prohibited.

C.  The provisions of this section shall not prohibit:

1.  The practice of soil farming of hazardous waste authorized by the provisions of the Oklahoma Hazardous Waste Management Act;

2.  The construction and operation of surface impoundments solely for the collection of rainfall runoff; or

3.  The construction of impoundments solely for the emergency retention of spills of substances which are or may become hazardous waste;

provided all liquids and associated solids are removed for proper treatment or disposal in accordance with the rules promulgated by the Board pursuant to the Oklahoma Hazardous Waste Management Act.

Added by Laws 1986, c. 180, § 4, emerg. eff. May 15, 1986.  Amended by Laws 1992, c. 403, § 20, eff. Sept. 1, 1992; Laws 1993, c. 145, § 93, eff. July 1, 1993.  Renumbered from Title 63, § 1-2006.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 19, eff. July 1, 1994.

§27A-2-7-111.  Prohibited disposal - Hazardous waste facility for onsite or off-site treatment, recycling, storage or disposal.

A.  The practice of plowing hazardous waste into the soil surface for the purpose of disposal is hereby prohibited except pursuant to a plan approved by the Department of Environmental Quality for biodegradable or inert material.  In addition, the site used for such disposal shall not be subject to flooding or extensive erosion.  The administrative permit hearing provisions of Sections 2-7-113, 2-7-113.1 and 2-14-304 of this title shall not apply to soil farming operations conducted on the generator's plant site or nearby property under the control of the generator.

B.  A hazardous waste facility for on-site treatment, recycling or storage shall not be sited in or over a principal groundwater resource or recharge area as determined in writing by the Oklahoma Geological Survey, except pursuant to a plan approved by the Department.  The plan shall contain such design criteria and groundwater monitoring provisions as deemed necessary by the Department to protect the quality of said principal groundwater resource or recharge area.  The plan shall also provide for the establishment and maintenance of a bond or other financial assurance in a form and amount acceptable to the Department, specifically for the purpose of assuring both immediate response and containment and comprehensive remediation as directed by the Department in the event of a release to soil or water of any hazardous waste or hazardous waste constituent.

C.  1.  Except as provided in paragraph 3 of this subsection, a hazardous waste facility for off-site treatment, recycling or storage or for on-site or off-site disposal shall not be sited in or over a principal groundwater resource or recharge area as determined in writing by the Oklahoma Geological Survey.

2. a. Except as provided in subparagraph b of this paragraph, a facility for off-site treatment, storage, recycling or disposal of hazardous waste shall not be sited in any other area of the state without the prior written approval of an emergency and release response plan by the affected property owners as such term is defined in Section 2-7-103 of this title.  Such plan shall provide for the minimization of hazards to the health and property of such affected property owners from emergency situations or from sudden or nonsudden releases of hazardous waste or constituents thereof.

After the applicant has made a reasonable effort to negotiate said plan with the affected property owners and has acquired the written approval of a majority of the affected property owners, the applicant may certify to the Department that such reasonable effort has been made and that a minority of the affected property owners would not consent.  The Department may then issue the permit if it meets all other requirements.

The Department is expressly authorized to review the reasons of the affected property owners for nonapproval of the plan.  If nonapproval is not based solely upon minimization of environmental hazards to the health and property of the affected property owners, the Department shall exclude those affected property owners from a calculation of a majority of affected property owners.  The Department shall have the final authority to issue or not to issue any permit to any treatment, storage, or disposal facility.

b. Existing industrial facilities not currently receiving hazardous waste which propose to begin receiving hazardous waste from off-site, including facilities at which the hazardous waste is to be utilized as fuel in a recycling unit and all other existing industrial facilities, shall submit an emergency and release response plan as part of the permit application.  The plan shall be subject to public review and comment as part of the permit application pursuant to Section 2-7-113 of this title or the Oklahoma Uniform Environmental Permitting Act prior to final approval or disapproval by the Department.  Upon submittal of the proposed plan to the Department, the applicant shall be required to mail a copy of said plan to the affected property owners and shall promptly thereafter certify to the Department that such mailing has been made.  If a permit is issued, the permittee shall send the final plan by first-class mail to the last-known address of all affected property owners.

c. An emergency and release response plan for a new or existing facility, located or to be located within the city limits or within the emergency response area of any incorporated city or town, which proposes to begin receiving hazardous waste from off-site shall not be approved by the Department until at least sixty (60) days after the city or town has been served with a copy of the plan by the applicant.  During said sixty-day period the city or town shall have the opportunity to review the plan and comment to the Department upon the ability of the city to comply with any item in the plan requiring the participation of or assistance by the city or town or any departments or agencies thereof.

3.  The Department may grant a variance to an off-site hazardous waste treatment, recycling or storage facility to allow the siting of such facility over a principal groundwater resource or recharge area as determined in paragraph 1 of this subsection, upon the following conditions:

a. the request for variance, and a detailed rationale, shall be included in the permit application,

b. the Department shall receive and consider comments on the appropriateness of the proposed variance at any formal public meeting or administrative permit hearing conducted on the draft permit or proposed permit pursuant to the provisions of Section 2-7-113 of this title or the Oklahoma Uniform Environmental Permitting Act,

c. the applicant shall bear the burden of establishing clearly and convincingly to the Department that the design, construction and operation of the proposed facility will be such that the risk of a release of hazardous waste or hazardous waste constituents directly or indirectly to groundwater is minimal, and

d. the permit application shall provide for the establishment and maintenance of a bond or other financial assurance as described and for the purposes specified in subsection B of this section.

D.  The provisions of this section shall apply to:

1.  Applications for future proposed sites;

2.  Pending applications for new hazardous waste permits; and

3.  Applications for permits to modify existing facilities which have either a permit or interim status when the proposed modification involves the opportunity for an administrative permit hearing.

E.  The provisions of paragraphs 1 and 2 of subsection C of this section shall not apply to applications to increase existing storage, treatment, recycling or disposal capacity or to modify existing disposal sites for treatment or disposal.  Such modification of existing disposal sites shall include upgrading said facilities to use the best available waste destruction technology such as incineration, detoxification, recycling or neutralization technology.

Added by Laws 1976, c. 251, § 16.  Amended by Laws 1978, c. 260, § 15, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 16, eff. July 1, 1981.  Renumbered from Title 63, § 2765 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1987, c. 51, § 2, emerg. eff. April 29, 1987; Laws 1988, c. 42, § 2, emerg. eff. March 21, 1988; Laws 1991, c. 336, § 2, eff. July 1, 1991; Laws 1992, c. 403, § 32, eff. Sept. 1, 1992; Laws 1993, c. 145, § 94, eff. July 1, 1993.  Renumbered from Title 63, § 1-2014 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 29, eff. July 1, 1993; Laws 1994, c. 373, § 13, eff. July 1, 1994; Laws 1995, c. 285, § 3, eff. July 1, 1995.

NOTE:  Laws 1981, c. 277, § 5 and Laws 1981, c. 322, § 16 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.

§27A-2-7-112.  Hazardous waste facility construction to be supervised.

The design, testing and construction of a hazardous waste facility shall be conducted under the supervision of a professional engineer, registered in Oklahoma, with training and experience in suitable disciplines.

Laws 1976, c. 251, § 8; Laws 1978, c. 260, § 7, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 8, eff. July 1, 1981.  Renumbered from Title 63, § 2758 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1992, c. 403, § 21, eff. Sept. 1, 1992; Laws 1993, c. 145, § 95, eff. July 1, 1993.  Renumbered from Title 63, § 1-2007 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-113.1.  Issuance of permits - Suitability of facility - Administrative procedures.

A.  The Department of Environmental Quality shall issue permits for hazardous waste facilities.  A permit shall be issued only upon proper application and determination by the Department that the proposed site and facility are physically and technically suitable.

B.  Upon a finding that a proposed hazardous waste facility is not physically or technically suitable, the Department shall deny the permit.

C.  In accordance with the provisions of Section 2-14-304 of this title, an administrative permit hearing shall be available on a proposed permit which is based on a Tier III hazardous waste permit application for a new permit or for the modification of an existing permit involving a fifty percent (50%) or more increase in permitted capacity for storage, treatment or disposal including but not limited to incineration.

D.  The Department may, upon determining that public health or safety requires emergency action, issue a temporary permit for treatment or storage of hazardous waste or recyclable material for a period not to exceed ninety (90) days without the prior notices and opportunity to request a public meeting or the administrative permit hearing required by this section or the Oklahoma Uniform Environmental Permitting Act.  Any person aggrieved by such permit may seek judicial review.

Added by Laws 1994, c. 373, § 27, eff. July 1, 1996.  Amended by Laws 1995, c. 285, § 4, eff. July 1, 1996.

§27A-2-7-113.  Repealed by Laws 1994, c. 373, § 31, eff. July 1, 1996.

§27A-2-7-114.  New hazardous waste facilities within eight miles of corporate limits - Exemptions.

A.  Except as provided in subsections B and C of this section, no permit shall be issued for the off-site disposal of hazardous waste or for the off-site treatment of hazardous waste by incinerator at a new hazardous waste facility proposed to be located within eight (8) miles of the corporate limits of an incorporated city or town.  For the purposes of this section the corporate limits of an incorporated city or town shall be the corporate limits in effect on January 1 of the year the application is filed, and a new hazardous waste facility means a hazardous waste facility that was not in operation and actively treating hazardous waste by incineration or disposing of hazardous waste during the year preceding August 30, 1991.  Addition of new treatment, storage or disposal units to an existing hazardous waste facility does not constitute a new facility.

B.  This section shall not apply to any facility accepting hazardous waste exclusively for the purpose of conducting treatment research and design tests.

C.  This section shall not apply to a proposed site located on property owned or operated by a person who also owns or operates a hazardous waste facility on contiguous property on which a hazardous waste facility was operating pursuant to a valid permit on August 30, 1991.

Added by Laws 1991, c. 173, § 13.  Amended by Laws 1992, c. 403, § 35, eff. Sept. 1, 1992; Laws 1993, c. 145, § 97, eff. July 1, 1993.  Renumbered from Title 63, § 1-2014.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 20, eff. July 1, 1994.

§27A-2-7-115.  New hazardous waste facility permits - Suitability of roads and bridges, upgrading - Notice, grievance procedure.

A.  Regarding a permit application for a new hazardous waste facility, the board of county commissioners of the county in which the waste facility is located and the board of county commissioners of any county contiguous to the waste facility, whose roads and bridges are to be used to provide access to the proposed waste facility, shall review the county road classification plans as described in Section 654 of Title 69 of the Oklahoma Statutes and substantiate whether the county roads and bridges to be used to and from such hazardous waste facility in their respective counties may be used without any substantial detriment to said roads and bridges as provided in Section 14-113 of Title 47 of the Oklahoma Statutes.  If any board of county commissioners finds that substantial detriment to the roads and bridges in its county would occur, such board shall determine reasonable measures necessary to upgrade the roads and bridges and allow the applicant for a hazardous waste facility to upgrade or pay for the upgrading of such roads and bridges if the applicant receives a permit.

B.  The Department shall not issue a permit for any new hazardous waste facility unless:

1.  Each board of county commissioners, as appropriate pursuant to subsection A of this section, has substantiated by resolution that the county roads and bridges as they exist can be used without any substantial detriment to said roads and bridges as provided by the restrictions imposed by Section 14-113 of Title 47 of the Oklahoma Statutes; or

2.  The applicant has agreed to upgrade or pay for the upgrading of the roads and bridges to the reasonable measures determined by the appropriate board of county commissioners or to the design standards established by the Oklahoma Department of Transportation for industrial access roads.

The Department shall not authorize the operation of the facility until the necessary upgrades to the roads and bridges have been made.

C.  The Department shall notify the applicable boards of county commissioners by certified mail, return receipt requested, of the proposed waste site.  Said boards of county commissioners shall have forty-five (45) days from receipt of such notice to review the county road classification plan and respond to the Department.  The finding of each board of county commissioners shall be sent to the Department by certified mail, return receipt requested.  Failure to respond within such forty-five-day response period shall constitute a finding that the roads and bridges can be used without substantial detriment and preclude the board of county commissioners failing to respond from raising the suitability of use of roads and bridges of the county as set out in subsections A and B of this section at a later date.

D.  Any applicant for a permit aggrieved by the action of the board of county commissioners pursuant to this section shall have the right of review by trial de novo in the district court of the county wherein the board of county commissioners took such action.

E.  This section shall apply to any permit application submitted to the Department on or after May 30, 1985, and to any permit application submitted before May 30, 1985, for which a permit has not been issued.

Added by Laws 1985, c. 113, § 5, emerg. eff. May 30, 1985.  Amended by Laws 1992, c. 403, § 14, eff. Sept. 1, 1992; Laws 1993, c. 145, § 98, eff. July 1, 1993.  Renumbered from Title 63, § 1-2005.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 21, eff. July 1, 1994.

§27A-2-7-116.  Permits - Application - Liability insurance - Bond - Financial responsibility - Operation of facility - Insolvency - Liability of guarantors.

A.  Except for emergency permits issued in accordance with Section 2-7-113 or 2-7-113.1 of this title, no permit shall be issued except upon proper application, proof of sufficient liability insurance and financial responsibility, formal public meeting, if requested, and such other requirements as provided by the Oklahoma Hazardous Waste Management Act and the Environmental Quality Code.

B.  Liability insurance shall be provided by the applicant and shall apply to sudden and nonsudden bodily injury or property damage on, below or above the surface, as required by the rules of the Board.  Additional insurance shall be required as deemed necessary by the Department to protect the property rights of owners or leaseholders of underground resources such as oil, gas, water or other mineral substances.  Such insurance shall be maintained for the period of operation of the facility and shall provide coverage for damages resulting from operation of the facility during operation and after closing.  In lieu of liability insurance required by this or any other section of the Oklahoma Hazardous Waste Management Act, an equivalent amount of cash, securities or alternate financial assurance of a type and in an amount acceptable to the Department, may be substituted; provided, that such deposit shall be maintained for a period of five (5) years after the date of last operation of the facility.

C.  Prior to the issuance of any permit, the applicant shall post a bond or acceptable alternate financial assurance guaranteeing proper closure and guaranteeing the performance of the maintenance and monitoring functions set out in Section 2-7-124 of this title.

D.  The Department shall require additional insurance and security by the permittee upon an application for expansion of the facility.  Such increase in insurance and security shall be in a sufficient amount to provide adequate coverage for damages resulting from such expansion during operation of the facility and after closing.

E.  Prior to the issuance of any permit, the applicant shall, upon request of the Department, produce evidence of the applicant's financial status indicating that the applicant is financially able to operate and maintain a hazardous waste facility as required by the Oklahoma Hazardous Waste Management Act.  If the applicant is not financially able to operate and maintain a hazardous waste facility, as required by the Oklahoma Hazardous Waste Management Act, a permit shall be denied.

F.  The operation of a hazardous waste facility shall be under the supervision of a person meeting qualifications set by the Board appropriate to the type of facility.

G.  The Department is authorized and shall require the construction of monitoring wells, pond liners, fencing, signs or other equipment deemed necessary by the Department to ensure the suitable operation of the facility.

H.  1.  In any case where the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or if jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility is required pursuant to the Oklahoma Hazardous Waste Management Act may be asserted directly against the guarantor providing such evidence of financial responsibility.  In the case of any action taken pursuant to this section, such guarantor shall be entitled to claim all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if any action had been brought against the guarantor by the owner or operator.

2.  The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility for the owner or operator pursuant to the Oklahoma Hazardous Waste Management Act.  Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or failing to negotiate the settlement of any claim.  Nothing in this subsection shall be construed to diminish the liability of any person under the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable law.

Added by Laws 1976, c. 251, § 9.  Amended by Laws 1978, c. 260, § 8, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 9, eff. July 1, 1981.  Renumbered from Title 63, § 2759 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1986, c. 140, § 1, emerg. eff. April 21, 1986; Laws 1990, c. 196, § 5, emerg. eff. May 10, 1990; Laws 1992, c. 403, § 22, eff. Sept. 1, 1992; Laws 1993, c. 145, § 99, eff. July 1, 1993.  Renumbered from Title 63, § 1-2008 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 22, eff. July 1, 1994; Laws 1995, c. 285, § 5, eff. July 1, 1995.

§27A-2-7-117.  Multi-user on-site treatment facilities - Permits - Suitability factors.

A.  Two or more persons generating hazardous waste may enter into a compact to construct and operate a multi-user on-site treatment facility for the exclusive use of the members of such compact.  Such facility shall not be used as a hazardous waste facility for off-site treatment, storage or disposal of hazardous waste.

B.  To be eligible for a permit issued pursuant to the provisions of this section and the Oklahoma Hazardous Waste Management Act, a multi-user on-site treatment facility shall meet the following criteria:

1.  The facility may be co-owned by the generators of hazardous waste who are members of the compact;

2.  Each member of the compact shall be identified in the application and permit.  In addition, the individual hazardous waste generated by each member shall be separately and distinctly characterized in the application and in the permit and shall meet the compatibility requirements established by the Department;

3.  The facilities generating hazardous waste which is to be treated at the multi-user on-site treatment facility shall be located within the same county as the multi-user on-site treatment facility;

4.  The multi-user on-site treatment facility shall be located upon the property of one of the compact members;

5.  Financial responsibility requirements shall be the responsibility of the compact members and shall be prorated according to the relative amount of hazardous waste of a generator to be treated at the facility; and

6.  The Department may require such other criteria and information in order to determine if the multi-user on-site treatment facility is physically and technically suitable for the hazardous waste to be treated at the facility.

C.  A multi-user on-site treatment facility, located within an industrial park which treats, stores or disposes of wastes that are produced only within that industrial park, may be owned or operated by persons other than the generators of the waste.

D.  Upon compliance with the provisions of the Oklahoma Hazardous Waste Management Act, this section and rules promulgated thereunder, the Department shall issue a permit for the construction and operation of a multi-user on-site treatment facility.

E.  The board of county commissioners of the county in which a multi-user on-site treatment facility is proposed to be located shall review all transportation routes between such proposed location and the facilities generating hazardous waste which are operated by members of the compact.  The provisions of Section 2-7-115 of this title relating to county roads and bridges shall apply to permit applications for multi-user on-site treatment facilities.

Added by Laws 1988, c. 54, § 2, eff. Nov. 1, 1988.  Amended by Laws 1991, c. 173, § 7; Laws 1992, c. 403, § 23, eff. Sept. 1, 1992; Laws 1993, c. 145, § 100, eff. July 1, 1993.  Renumbered from Title 63, § 1-2008.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 23, eff. July 1, 1994; Laws 1995, c. 1, § 7, emerg. eff. Mar. 2, 1995.

NOTE: Laws 1994, c. 353, § 21 repealed by Laws 1995, c. 1, § 40, emerg. eff. Mar. 2, 1995.

§27A-2-7-118.  Facilities that recycle hazardous waste - Permit requirements, exemption - Prohibition of burning certain hazardous waste as fuel.

A.  Facilities that recycle hazardous waste shall be exempt from subsection C of Sections 2-7-113 and 2-7-113.1, and Section 2-7-115 of this title with regard to those units exclusively used in the recycling process.  Off-site hazardous waste recycling facilities are subject to the requirements specified by the Oklahoma Hazardous Waste Management Act, the Oklahoma Environmental Permitting Act, and rules promulgated thereunder, for a permit, and shall also meet design standards as promulgated by the Board.  Such recycling facilities which were in existence on July 1, 1990, may but shall not be required to file a permit application pursuant to the provisions of the Oklahoma Hazardous Waste Management Act.  A permit modification is not required for a permitted recycling facility to use new, improved, or better methods of recycling if the Department has approved the plans as being environmentally acceptable.  An approved class 1 permit modification shall be required for a permitted recycling facility to increase the capacity of its recycling units or add new or different recycling units.

B.  No hazardous waste having a heating value less than five thousand (5,000) British Thermal Units per pound shall be burned as fuel in any unit in this state permitted as a hazardous waste recycling unit.

C.  No owner or operator of any unit in this state permitted as a hazardous waste recycling unit shall burn as fuel in such unit any substance which the owner or operator knows, or should know, contains hazardous waste which has a heating value of less than five thousand (5,000) British Thermal Units per pound which has been blended with other materials or wastes and produces a hazardous waste fuel with a heating value equal to or exceeding five thousand (5,000) British Thermal Units per pound.

Added by Laws 1990, c. 296, § 6, operative July 1, 1990.  Amended by Laws 1991, c. 173, § 12; Laws 1992, c. 403, § 34, eff. Sept. 1, 1992; Laws 1993, c. 145, § 101, eff. July 1, 1993.  Renumbered from Title 63, § 1-2014.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 30, eff. July 1, 1993; Laws 1994, c. 373, § 24, eff. July 1, 1994; Laws 1995, c. 1, § 8, emerg. eff. March 2, 1995; Laws 1995, c. 285, § 6, eff. July 1, 1995.

NOTE:  Laws 1994, c. 353, § 22 repealed by Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995.

§27A-2-7-119.  Permit fees.

A.  The Environmental Quality Board shall establish a schedule of fees, pursuant to Section 2-3-402 of this title and the Administrative Procedures Act, to be charged for applications to issue and renew permits for hazardous waste facilities and for the regulation of hazardous waste.  Such fees shall only be used for the implementation of the provisions of the Oklahoma Hazardous Waste Management Act pursuant to Section 2-3-402 of this title.

B.  The Environmental Quality Board shall charge fees only within the following ranges:

For generator disposal plan: $100.00 to $10,000.00 per year

For permit application: $5,000.00 to $50,000.00

For application resubmittal: $100.00 to $1,000.00

For monitoring: $100.00 to $10,000.00 per year.

C.  The Environmental Quality Board shall develop a separate schedule of reduced fees of not less than Twentyfive Dollars ($25.00) for small quantity generators.

Added by Laws 1985, c. 113, § 1, emerg. eff. May 30, 1985.  Amended by Laws 1986, c. 229, § 1, emerg. eff. June 10, 1986; Laws 1992, c. 403, § 13, eff. Sept. 1, 1992; Laws 1993, c. 145, § 102, eff. July 1, 1993.  Renumbered from Title 63, § 1-2005.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 23, eff. July 1, 1994; Laws 2000, c. 130, § 1, emerg. eff. April 24, 2000.

§27A-2-7-120.  Fee for disposal of liquid waste other than controlled industrial waste in underground injection well.

Any person subject to regulation by the Department of Environmental Quality disposing of liquid waste other than hazardous waste in an underground injection well shall pay a fee of two-hundredths of one cent (0.002) per gallon for such disposal, provided that the total fee shall be not less than Ten Thousand Dollars ($10,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per year.  Said fee shall be paid to the Department on a quarterly basis within one (1) month following the close of each quarter for the waste disposed in that preceding quarter.  Said fees shall be deposited into the Department of Environmental Quality Revolving Fund.

Added by Laws 1991, c. 173, § 5.  Amended by Laws 1992, c. 403, § 16, eff. Sept. 1, 1992; Laws 1993, c. 10, § 7, emerg. eff. Mar. 21, 1993; Laws 1993, c. 145, § 103, eff. July 1, 1993.  Renumbered from Title 63, § 1-2005.3B by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 324, § 32, eff. July 1, 1993.

NOTE:  Laws 1992, c. 361, § 1 repealed by Laws 1993, c. 10, § 16, emerg. eff. Mar. 21, 1993.  Laws 1993, c. 148, § 1 repealed by Laws 1993, c. 324, § 58, eff. July 1, 1993.

§27A-2-7-121.1.  Waiver of fee.

A.  The Department of Environmental Quality may direct a facility to waive the fees described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A of the Oklahoma Statutes for hazardous waste received from certain sites undergoing response actions under the authority of the federal Comprehensive Environmental Response, Compensation and Liability Act.  A fee waiver may only be granted for response actions financed through the Superfund Trust Fund that are conducted by the Department or the federal Environmental Protection Agency, when the amount of fee waiver will qualify towards the contributions required of the state for such actions.

B.  The Department of Environmental Quality may direct a facility to waive the fees described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A of the Oklahoma Statutes for hazardous waste received from certain sites in Oklahoma undergoing remedial actions that are being conducted as a result of:

1.  A consent order approved by the Department;

2.  Fulfilling the requirements of a Compliance Schedule issued by the Department as a result of a permit; or

3.  A Brownfields action that has been approved by the Department.

Such fee waivers may be granted for remedial actions only when the amount of the fee waiver will qualify toward the contributions required of the state in response actions financed through the Superfund Trust Fund.  The Department shall void all waivers for fees as described in paragraph 1 of subsection A of Section 2-7-121 of Title 27A should the requirements of any Consent Order, Compliance Schedule, or Brownfields action not be fulfilled as stipulated.

Added by Laws 1999, c. 284, § 4, emerg. eff. May 27, 1999.

§27A-2-7-121.  A.  Annual fee - Exemptions - Expenditure of funds.

A.  Every hazardous waste treatment facility, storage facility, underground injection facility, disposal facility, or off-site facility that recycles hazardous waste subject to the provisions of the Oklahoma Hazardous Waste Management Act shall pay to the Department of Environmental Quality an annual fee on the amount of hazardous waste managed by such facility.

1.  Subject to paragraphs 2 and 7 of this subsection, such fees shall be:

a. Nine Dollars ($9.00) per ton for on-site or off-site storage, treatment or land disposal,

b. Four Dollars ($4.00) per ton for off-site recycling, including regeneration, or

c. three cents ($0.03) per gallon for on-site or off-site underground injection.

2.  There shall be a minimum fee per facility as follows:

a. except as provided in subparagraph d of this paragraph, any person owning or operating an off-site hazardous waste treatment facility or disposal facility shall pay a total fee of not less than Fifty Thousand Dollars ($50,000.00) each state fiscal year,

b. any person owning or operating an on-site hazardous waste treatment facility, storage facility, or disposal facility shall pay a total fee of not less than Twenty Thousand Dollars ($20,000.00) each state fiscal year.  The annual fee for the on-site disposal of hazardous waste by underground injection shall not exceed Fifty Thousand Dollars ($50,000.00),

c. any person owning or operating an off-site facility for the storage or recycling of hazardous waste shall pay a total fee of not less than Twenty Thousand Dollars ($20,000.00) each state fiscal year; provided, any such off-site recycling facility which consistently recycles fewer than ten (10) tons of hazardous waste per calendar month shall not be subject to this minimum annual fee.  For the purpose of this subparagraph, storage includes physical separation or combining of wastes solely to facilitate efficient storage at the facility and/or efficient transportation, and

d. any person owning or operating an off-site facility which accepts hazardous waste exclusively for the purpose of conducting research and design tests shall pay a total fee of not less than Ten Thousand Dollars ($10,000.00) each state fiscal year.

3.  Off-site facilities may charge persons contracting for the services of the facility their proportional share of the fees required by the provisions of this section.

4.  The facility shall become liable for payment of the fee on each ton or gallon of hazardous waste at the time it is received.  For purposes of on-site facilities, receipt is deemed to have occurred when the waste is first managed in any unit or manner that requires a hazardous waste permit.  The fee shall be payable by the facility to the Department only as provided for in subsection C of this section.

5.  The fee imposed by the provisions of this section shall be payable only once without regard to any subsequent handling of the hazardous waste.  The fee shall be based on the purpose for which the waste was received by the facility.  In no event shall a facility be required to pay a fee on each step or process involved in the storage, treatment, or disposal of the waste at the facility or a related facility under common control.

6.  In computing the amount of the fee specified in subparagraph b of paragraph 1 of subsection A of this section for the off-site recycling or regeneration of hazardous waste, the assessment for regeneration shall be made on a dry weight basis.

7.  If a generator of characteristic hazardous waste or listed hazardous waste treats the waste on-site to meet Best Demonstrated Available Technology Standards and disposes of the waste on-site, the waste shall be subject to a reduced treatment or on-site disposal fee of one-half (1/2) the rate required by subparagraph a of paragraph 1 of this subsection; provided, such rate reduction shall not exceed Twenty-two Thousand Dollars ($22,000.00) per calendar year.

B.  The following facilities shall not be required to pay the fee required by the provisions of this section:

1.  Facilities engaged only in the on-site recycling of hazardous waste; and

2.  Facilities which have not received new hazardous waste within the preceding state fiscal year.

C.  Payment of the fees required by this section shall be due quarterly for hazardous waste received by the facility during the prior calendar quarter.  Such quarterly payments shall be due on the first day of the month of the following quarter.  All payments shall be made within thirty (30) days from the date they become due.

D.  The fees required by this section shall be paid in lieu of the monitoring fees imposed in subsection B of Section 2-7-119 of this title.  All facilities subject to the provisions of this section shall not be required to pay or collect any additional fees for waste disposal unless specifically required by the Oklahoma Hazardous Waste Management Act.

E.  All fees and other monies received by the Department pursuant to the provisions of this section shall be expended solely for the purposes specified in this section.

1.  Ten percent (10%) of the fees collected from an off-site hazardous waste facility pursuant to the provisions of this section shall be deposited to the credit of the Special Economic Development Trust Funds.  The funds for the Trusts accruing pursuant to the provisions of this section shall be distributed to each Trust established in proportion to the fees generated by the off-site hazardous waste facilities within the Trust area.

2.  The Department shall expend monies received pursuant to the provisions of this section for one or more of the following purposes:

a. the administration of the provisions of the Oklahoma Hazardous Waste Management Act,

b. the development of an inventory of hazardous wastes currently produced in Oklahoma and management needs for the identified wastes,

c. the implementation of information exchange, technical assistance, public information, and educational programs,

d. the development and encouragement of waste reduction plans for Oklahoma waste generators, or

e. increased inspection of hazardous waste facilities which may include full time inspectors at off-site hazardous waste facilities.

F.  To the extent that fees received pursuant to this section shall exceed the purposes specified in subsection E of this section, the Department shall only expend such funds for one or more of the following purposes:

1.  Contributions required from the state pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act for remediation or related action upon a site within the state;

2.  Response, including but not limited to containment and removal, to emergency situations involving spillage, leakage, emissions or other discharge of hazardous waste or hazardous waste constituents to the environment where a responsible party cannot be timely identified or found or compelled to take appropriate emergency action to adequately protect human health and the environment;

3.  State-funded remediation of sites contaminated by hazardous waste or hazardous waste constituents so as to present a threat to human health or the environment, to the extent that a responsible party cannot be timely identified or found or compelled to take such action, or is unable to take such action;

4.  Costs incurred in pursuing an enforcement action to compel a responsible party to undertake appropriate response or remedial actions, or to recover from a responsible party monies expended by the state, as described in paragraphs 1 through 3 of this subsection; or

5.  Financial assistance to municipalities or counties for the purposes and under the conditions specified in Section 2-7-305 of this title.

Added by Laws 1990, c. 196, § 9, operative July 2, 1990.  Amended by Laws 1991, c. 173, § 4; Laws 1992, c. 201 , § 2, eff. Jan. 1, 1993; Laws 1992, c. 403, § 15, eff. Sept. 1, 1992; Laws 1993, c. 145, § 104, eff. July 1, 1993.  Renumbered from Title 63, § 1-2005.3A by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 24, eff. July 1, 1994; Laws 1996, c. 356, § 11, emerg. eff. June 14, 1996; Laws 2001, c. 191, § 1, emerg. eff. May 7, 2001.

§27A-2-7-122.  Disposal by underground injection - Limitation of annual fee.

The Department shall not assess an annual fee for the on-site disposal of hazardous waste by underground injection which exceeds Fifty Thousand Dollars ($50,000.00).

Added by Laws 1992, c. 201, § 7, emerg. eff. May 12, 1992.  Amended by Laws 1993, c. 145, § 105, eff. July 1, 1993.  Renumbered from Title 63, § 1-2002.a by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-123.  Permit issuance notice - Notice of remediation or related action taken - Interference with remediation.

A.  Upon issuance of any permit issued pursuant to the requirements of the Oklahoma Hazardous Waste Management Act, the Department of Environmental Quality shall file a recordable notice of the permit in the land records of the county in which the site is located.  The notice shall contain the legal description of the site as well as the terms under which the permit was issued.

B.  The Department shall file a recordable notice of remediation or related action taken pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act in the land records of the county in which the site is located.  The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remediation.

C.  When remediation of contaminated property to risk-based standards is performed under an order of or a remediation plan approved by the Department, the Department shall file a recordable notice of remediation taken in the land records of the county in which the property is located.  The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remediation.

D.  The notices required in subsections B and C of this section shall also contain a prohibition against engaging in any activities that cause or could cause damage to the remediation or the engineering controls, or recontamination of the soil or groundwater.  The notices shall also contain any appropriate restrictions on land use or other activities that are incompatible with the cleanup level, including, but not limited to, restrictions against using groundwater for drinking or irrigation purposes or redeveloping the land for residential use.  Any person who damages or interferes with the remediation, the engineering controls, or continuing operation, maintenance or monitoring of the site is liable to repair the damage or remedy the interference, or for costs incurred by the Department in doing so.  The Department may take administrative or civil action to recover costs or to compel compliance with this subsection.

Added by Laws 1976, c. 251, § 5.  Amended by Laws 1978, c. 260, § 4, emerg. eff. May 10, 1978.  Renumbered from § 2755 of Title 63 by Laws 1982, c. 202, § 9.  Amended by Laws 1993, c. 145, § 106, eff. July 1, 1993.  Renumbered from § 1-2005.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 2000, c. 74, § 1, emerg. eff. April 14, 2000; Laws 2004, c. 141, § 2, eff. Nov. 1, 2004; Laws 2005, c. 1, § 25, emerg. eff. March 15, 2005.

NOTE:  Laws 2004, c. 111, §2 repealed by Laws 2005, c. 1, § 26, emerg. eff. March 15, 2005.

§27A-2-7-124.  Monitoring of closed facility.

After a hazardous waste facility has been closed, its owner or operator shall properly maintain and monitor the hazardous waste facility for a period of time required by rules of the Board and shall make such repairs or improvements as deemed necessary by the Department to ensure that no migration of hazardous waste material will occur from the hazardous waste facility.  The rules of the Board which specify the period of time for maintenance and monitoring of closed facilities shall be in compliance with the hazardous waste regulations of the U.S. Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act.

Laws 1976, c. 251, § 10; Laws 1978, c. 260, § 9, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 11, eff. July 1, 1981.  Renumbered from Title 63, § 2760 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1985, c. 113, § 2, emerg. eff. May 30, 1985; Laws 1992, c. 403, § 24, eff. Sept. 1, 1992; Laws 1993, c. 145, § 107, eff. July 1, 1993.  Renumbered from Title 63, § 1-2009 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-125.  Hazardous waste manifest - Disposal plan number assigned by Department - Transportation, etc. of waste without manifest in possession.

A.  Persons generating hazardous waste shall provide a manifest to the operator of any mode of any offsite transportation carrying hazardous waste.  Such manifest shall be in a form which has been prescribed by the Department of Environmental Quality and shall indicate a disposal plan number assigned by the Department which shows that the Department has approved the plans of the person generating such waste.  The manifest shall also set forth the type, amount, approximate content, origin and destination of the waste.  Such operator shall have the manifest in his possession while transporting or handling the hazardous waste.  Upon delivery of the hazardous waste to a facility duly authorized to accept such waste, the operator shall submit such manifest to the receiving person for processing pursuant to rules promulgated by the Board.

B.  No off-site treatment, storage, recycling or disposal facility shall accept the manifest unless such manifest has a properly assigned disposal plan number indicating that the Department has approved the plans of the person generating the hazardous waste.

C.  No person shall transport, receive, treat or dispose of hazardous waste without having the manifest in his possession.

Added by Laws 1976, c. 251, § 11.  Amended by Laws 1978, c. 260, § 10, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 12, eff. July 1, 1981.  Renumbered from Title 63, § 2761 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1990, c. 296, § 4, operative July 1, 1990; Laws 1992, c. 403, § 26, eff. Sept. 1, 1992; Laws 1993, c. 145, § 108, eff. July 1, 1993.  Renumbered from Title 63, § 1-2010 by Laws 1993, c. 145, § 359, eff. July 1, 1993; Laws 2000, c. 130, § 2, emerg. eff. April 24, 2000.

§27A-2-7-126.  Orders.

In addition to any other remedies provided in the Oklahoma Hazardous Waste Management Act, the Department of Environmental Quality may issue a written order to any person whom the Department has reason to believe has violated or is presently in violation of the Oklahoma Hazardous Waste Management Act, or any rule promulgated thereunder.

1.  Such order may require compliance with the Oklahoma Hazardous Waste Management Act or such rule immediately or within a specified time period or both.  Such order may also assess an administrative penalty for any past or current violation of the Oklahoma Hazardous Waste Management Act or the rules and for each day or part of a day that such person fails to comply with such order.

a. Any order issued pursuant to this section shall state with specificity the nature of the violation or violations.

b. Any penalty assessed in the order shall not exceed Twenty-five Thousand Dollars ($25,000.00) per day of noncompliance for each violation of the Oklahoma Hazardous Waste Management Act, the rules or the order.  In assessing such penalties, the Executive Director shall consider the seriousness of the violation or violations and any good faith efforts to comply with applicable requirements.

2.  Any order issued pursuant to this section shall become a final order unless, no later than fifteen (15) days after the order is served, the person or persons named therein request an administrative enforcement hearing.  Upon such request the Department shall promptly provide for the hearing.  The Department shall dismiss such proceedings where past and current compliance with the Oklahoma Hazardous Waste Management Act, the rules and the order is demonstrated.

a. Orders and hearings are subject to the Administrative Procedures Act.

b. A final order following an enforcement hearing may assess an administrative penalty of an amount based upon consideration of the evidence but not exceeding the amount stated in the written order.

c. The Department may adopt procedural rules as necessary and appropriate to implement the provisions of this section.

3.  Any order issued pursuant to the Oklahoma Hazardous Waste Management Act may require that corrective action be taken beyond the hazardous waste facility boundary where necessary to protect human health and the environment, unless the owner or operator of the facility demonstrates that, despite the owner's or operator's best efforts, the owner or operator is unable to obtain the necessary permission to undertake such action.

Added by Laws 1985, c. 113, § 3, emerg. eff. May 30, 1985.  Amended by Laws 1986, c. 180, § 5, emerg. eff. May 15, 1986; Laws 1990, c. 196, § 7, emerg. eff. May 10, 1990; Laws 1991, c. 173, § 11; Laws 1992, c. 403, § 28, eff. Sept. 1, 1992; Laws 1993, c. 145, § 109, eff. July 1, 1993.  Renumbered from Title 63, § 1-2012.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993; Laws 1998, c. 186, § 2, eff. Nov. 1, 1998.

§27A-2-7-127.  Corrective action - Permit review - Permit renewal - Information and reports.

A.  In accordance with standards established by the Administrator of the Environmental Protection Agency pursuant to the federal Resource Conservation and Recovery Act, the Department may require corrective action beyond a hazardous waste facility boundary as a condition of the issuance of a permit pursuant to the Oklahoma Hazardous Waste Management Act, where necessary to protect human health and the environment, unless the owner or operator of the facility demonstrates that despite the owner's or operator's best efforts such owner or operator is unable to obtain the necessary permission to undertake such action.  The Department may also require, as a condition of a permit issued pursuant to the Oklahoma Hazardous Waste Management Act, corrective action for all releases of hazardous waste from any solid waste management unit at a facility seeking a permit, regardless of the time the waste was placed in such unit.  If such corrective action cannot be completed prior to issuance of the permit, such permit shall contain schedules of compliance for the corrective action required and assurances of financial responsibility for completing such corrective action.

B.  The Department shall review each permit for a hazardous waste land disposal facility five (5) years after the date of such issuance or reissuance and shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable standards and permit requirements for hazardous waste facilities.  Nothing in this subsection shall preclude the Department from reviewing and modifying a permit at any time during its term.  The Department, in reviewing any application for a permit renewal, shall consider improvements in the state of control and measurement technology and changes in applicable regulations.  Each issued or reissued permit shall contain such terms and conditions as the Department determines necessary to protect human health and the environment.

C.  The Department is authorized to require each owner or operator applying for a permit for a hazardous waste landfill or surface impoundment to submit with the permit application information reasonably ascertainable by the owner or operator concerning the potential exposure to the public of hazardous wastes as a result of releases from a hazardous waste unit.  The Department shall be authorized to make exposure and health assessment information available to the public and to other state and federal agencies.

Laws 1986, c. 180, § 6, emerg. eff. May 15, 1986; Laws 1992, c. 403, § 30, eff. Sept. 1, 1992; Laws 1993, c. 145, § 110, eff. July 1, 1993.  Renumbered from Title 63, § 1-2012.3 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-128.  Administrative penalties - Disposition and use.

Administrative penalties collected by the Department pursuant to the Oklahoma Hazardous Waste Management Act shall be paid into the Hazardous Waste Fund.

Laws 1985, c. 113, § 4, emerg. eff. May 30, 1985; Laws 1992, c. 403, § 29, eff. Sept. 1, 1992; Laws 1993, c. 145, § 111, eff. July 1, 1993.  Renumbered from Title 63, § 1-2012.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-129.  Violations - Civil penalties.

In addition to any other remedies provided in the Oklahoma Hazardous Waste Management Act, the Department may:

1.  Temporarily suspend the permit of any operator of a hazardous waste facility until such facility conforms to the provisions of the Oklahoma Hazardous Waste Management Act and the rules promulgated thereunder;

2.  Revoke the operating permit or license of any person who flagrantly and/or consistently violates the provisions of the Oklahoma Hazardous Waste Management Act or the rules promulgated thereunder, or who operates in such a manner as to cause or to continue in existence an environmentally unsafe condition.  Such revocation may only take place following proper hearing, and shall conform to provisions of the Administrative Procedures Act.  Such person shall not be eligible for reissuance of a license when finally adjudicated as guilty of flagrant and consistent violations of the Oklahoma Hazardous Waste Management Act or rules promulgated thereunder;

3.  Cause proceedings to be instituted in the district court having jurisdiction in the area where the alleged violation occurs seeking an injunction to restrain a violation of the Oklahoma Hazardous Waste Management Act or the rules promulgated thereunder or to restrain the maintenance of a public nuisance; and

4.  Cause proceedings to be instituted in the district court having jurisdiction in the area where the alleged violation of the Oklahoma Hazardous Waste Management Act or the rules promulgated thereunder occurs seeking a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) per day or part of a day such violation occurs.

Laws 1976, c. 251, § 13; Laws 1978, c. 260, § 12, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 14, eff. July 1, 1981.  Renumbered from Title 63, § 2763 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1991, c. 173, § 10; Laws 1992, c. 403, § 27, eff. Sept. 1, 1992; Laws 1993, c. 145, § 112, eff. July 1, 1993.  Renumbered from Title 63, § 1-2012 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-130.  Violations - Criminal penalties.

Except as otherwise provided by the Oklahoma Hazardous Waste Management Act or other law, any person who violates any of the provisions of the Oklahoma Hazardous Waste Management Act or rules promulgated thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to imprisonment in the county jail for not more than six (6) months, or a fine of not less than Two Hundred Dollars ($200.00) nor more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and imprisonment.  Each day or part of a day during which such violation is continued or repeated shall constitute a new and separate offense.

Laws 1976, c. 251, § 12; Laws 1978, c. 260, § 11, emerg. eff. May 10, 1978; Laws 1981, c. 322, § 13, eff. July 1, 1981.  Renumbered from Title 63, § 2762 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1991, c. 173, § 9; Laws 1993, c. 145, § 113, eff. July 1, 1993.  Renumbered from Title 63, § 1-2011 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-131.  Initiation and prosecution of action.

Upon request of the Department, the district attorney of the county in which any violation of the Oklahoma Hazardous Waste Management Act or rules promulgated thereunder occurs shall initiate and prosecute any civil or criminal proceeding provided by the Oklahoma Hazardous Waste Management Act.

Laws 1978, c. 260, § 13, emerg. eff. May 10, 1978.  Renumbered from Title 63, § 2763.1 by Laws 1981, c. 322, § 18, eff. July 1, 1981.  Amended by Laws 1993, c. 145, § 114, eff. July 1, 1993.  Renumbered from Title 63, § 1-2013 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-132.  Appeal of issuance of permit - Stay of time restraints.

The filing of a proceeding appealing the issuance of a permit authorizing a hazardous waste facility shall stay any time restraints specified in the permit relating to the term or expiration of the permit.

Added by Laws 1990, c. 296, § 5, operative July 1, 1990.  Amended by Laws 1992, c. 403, § 31, eff. Sept. 1, 1992; Laws 1993, c. 145, § 115, eff. July 1, 1993.  Renumbered from Title 63, § 1-2012.4 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 373, § 25, eff. July 1, 1994.

§27A-2-7-133.  Intervention.

The Department shall not oppose intervention by any person when permissive intervention may be authorized by statute or rule.

Laws 1981, c. 322, § 15, eff. July 1, 1981; Laws 1993, c. 145, § 116, eff. July 1, 1993.  Renumbered from Title 63, § 1-2013.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-134.  Summary suspension of permit for failure to remit penalty or fee - Revocation proceedings.

A.  Unless otherwise authorized by the Department of Environmental Quality or stayed by a court of review, if a hazardous waste treatment, storage, disposal or recycling facility fails to remit to the Department any administrative penalty assessed against the facility pursuant to the provisions of the Oklahoma Environmental Quality Code, within the time period established by the final or consent order, the Department shall summarily suspend the hazardous waste operating permit of the facility.

B.  Unless otherwise authorized by the Department or stayed by a court of review, if a hazardous waste treatment, storage, disposal or recycling facility fails to pay to the Department any fee required to be remitted to the Department on a quarterly, annual or other periodic basis pursuant to the provisions of this article or by rule promulgated pursuant thereto within sixty (60) days after an invoice is mailed by certified mail, return receipt requested, to the facility by the Department, the Department shall summarily suspend the hazardous waste operating permit of the facility.

C.  Following suspension of a permit pursuant to the provisions of this section, the Department shall promptly institute proceedings for revocation of the permit pursuant to Section 2-3-502 of Title 27A of the Oklahoma Statutes.

D.  Unless otherwise ordered by the Department or a court of review, the suspension or revocation of a hazardous waste operating permit shall not be deemed to relieve the facility from permit requirements for corrective action, closure of hazardous waste units, postclosure maintenance and monitoring, or similar requirements which relate primarily to remediation or closure.

E.  The suspension or revocation of a hazardous waste operating permit shall not be deemed to require cessation of any operations at the facility which are unrelated to the treatment, storage, disposal or recycling of waste.

Added by Laws 1998, c. 186, § 3, eff. Nov. 1, 1998.

§27A-2-7-201.  Special Economic Development Trust Funds.

A.  The county commissioners of the counties which are within a ten-mile radius of an off-site hazardous waste facility may establish a Special Economic Development Trust Fund for those counties.

B.  The trust fund shall be used to market advantages of industrial development and to promote industrial development in the counties located within the trust area.  Such uses shall allow the authority to acquire assets, develop property, and to contract with local municipalities or economic development trusts or authorities to promote economic development in the counties located within the trust area.

C.  The trust fund shall consist of:

1.  All monies received pursuant to Section 2-7-121 of this title;

2.  All income from the investment of monies held in the trust fund;

3.  Interest resulting from the deposit of such monies; and

4.  Any other sums designated for deposit to the fund from any source, public or private.

D.  Any trust established pursuant to the provisions of this section shall be governed by the provisions of Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes.

E.  1.  Such Trust shall be governed by a Board of Trustees of not less than six nor more than ten members.  Each county within the Trust area shall be represented equally on the Board of Trustees.

2.  Each Trustee shall be appointed by a majority vote of the county commissioners of the county that the Trustee represents.  A Trustee may be removed prior to the expiration of the term of office by a majority vote of the county commissioners of the county that the Trustee represents.  In the event there are two or more Trustees from each county, the initial appointments shall be made so that the terms are staggered.  After the initial appointment, each Trustee shall serve a term of two (2) years and may be reappointed.

3.  The Trustees shall receive no compensation for service on the Board of Trustees, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties as trustees in accordance with the State Travel Reimbursement Act.

4.  Any action of the Board of Trustees must be approved by a two-thirds vote of the total authorized membership of the Board.

5.  The Trustees shall have authority to exercise such powers as are necessary to perform the duties and functions imposed by the provisions of this section.

F.  The Board of Trustees shall meet not less than twice each calendar year.  At the first meeting in a new calendar year the members shall elect a chairman, a vice-chairman, a secretary, and a treasurer.

Added by Laws 1991, c. 173, § 6.  Amended by Laws 1991, c. 336, § 1, eff. July 1, 1991; Laws 1992, c. 403, § 17, eff. Sept. 1, 1992; Laws 1993, c. 10, § 8, emerg. eff. March 21, 1993; Laws 1993, c. 145, § 117, eff. July 1, 1993.  Renumbered from Title 63, § 1-2005.3C by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 25, eff. July 1, 1994.

NOTE:  Laws 1992, c. 361, § 2 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.  Laws 1992, c. 363, § 11 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.

§27A-2-7-301.  Short title.

This part shall be known and may be cited as the "Hazardous Waste Fund Act".

Laws 1982, c. 202, § 1; Laws 1992, c. 403, § 36, eff. Sept. 1, 1992; Laws 1993, c. 145, § 118, eff. July 1, 1993.  Renumbered from Title 63, § 1-2015 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-302.  Purposes of act.

The purposes of the Hazardous Waste Fund Act are to:

1.  Protect public health and safety, and the natural resources of the State of Oklahoma;

2.  Provide for response to environmental emergencies and incidents; and

3.  Establish a fund administered by the Department which will be available to monitor hazardous waste management facilities and to respond and assist municipalities and counties in responding to any emergency situation involving hazardous waste.

Laws 1982, c. 202, § 2; Laws 1992, c. 403, § 37, eff. Sept. 1, 1992; Laws 1993, c. 145, § 119, eff. July 1, 1993.  Renumbered from Title 63, § 1-2016 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-303.  Definitions.

As used in the Hazardous Waste Fund Act and in addition to the definitions used in the Oklahoma Hazardous Waste Management Act:

1.  "Discharge" means any releasing, spilling, leaking, leaching, seeping, pouring, draining, emptying, dumping, expelling or any other emitting of hazardous waste into the environment beyond the confines of a licensed disposal site; and

2.  "Incident" means any occurrence or series of occurrences which result in the discharge of hazardous waste which create an injury to any person or property.

Laws 1982, c. 202, § 3; Laws 1992, c. 403, § 38, eff. Sept. 1, 1992; Laws 1993, c. 145, § 120, eff. July 1, 1993.  Renumbered from Title 63, § 1-2017 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-304.  Creation of fund - Status - Expenditures - Purpose - Control and management - Use - Emergencies.

A.  There is hereby created in the State Treasury a special fund for the Department to be designated as the "Hazardous Waste Fund".  This fund shall consist of monies transferred to it from funds appropriated to the Department for this purpose and from other sources as provided by law.  The fund shall be a continuing fund not subject to fiscal year limitations.  Expenditures from the Hazardous Waste Fund shall be made upon warrants issued by the State Treasurer against claims submitted to the Director of State Finance for approval and payment.  The fund shall be for the purpose of protecting public health and safety as prescribed in the Hazardous Waste Management Act and for providing basic emergency response training and protective equipment and for response or remediation activities authorized in subsection F of Section 2-7-121 of this title.  The Department is authorized, upon the request of a municipality or county, to assist such municipality or county in the development of emergency response plans.  The fund shall be under the control and management of the administrative authority of the Department.  Pursuant to the provisions of the Hazardous Waste Fund Act, the Department is authorized to determine the manner in which such fund is to be used.  The Department of Public Safety and the Department of Civil Emergency Management are authorized and directed to assist and cooperate with the Department in the performance of its duties under the Hazardous Waste Fund Act.

B.  Hazardous waste fees paid into the Department of Environmental Quality Revolving Fund pursuant to the Hazardous Waste Management Act may be transferred to the Hazardous Waste Fund.

Added by Laws 1982, c. 202, § 4.  Amended by Laws 1992, c. 403, § 39, eff. Sept. 1, 1992; Laws 1993, c. 145, § 121, eff. July 1, 1993.  Renumbered from Title 63, § 1-2018 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 26, eff. July 1, 1994.

§27A-2-7-305.  Assistance to political subdivisions.

To further benefit the citizens of the State of Oklahoma, the Department may, if funds are available from the fund, render financial assistance, by form of a matching grant not to exceed Fifty Thousand Dollars ($50,000.00), to any municipality or county of the state, which has prepared an emergency response plan which has been approved by the Department, for the purpose of providing basic emergency response training and protective equipment to be used by such municipality or county in responding to incidents involving hazardous waste.  Such financial assistance shall be available only to those applicants which have a significant potential for initiating emergency response to an incident involving hazardous waste.  The Department shall give priority to municipalities or counties of the state in which offsite facilities are located.

Laws 1982, c. 202, § 5; Laws 1986, c. 229, § 2, emerg. eff. June 10, 1986; Laws 1992, c. 403, § 40, eff. Sept. 1, 1992; Laws 1993, c. 145, § 122, eff. July 1, 1993.  Renumbered from Title 63, § 1-2019 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-306.  Rules.

The Board shall promulgate rules to implement and administer the Hazardous Waste Fund Act.

Laws 1982, c. 202, § 6; Laws 1993, c. 145, § 123, eff. July 1, 1993.  Renumbered from Title 63, § 1-2020 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-7-307.  Report of use and disposition of funds.

The Department shall annually submit a written report on the use and disposition of the fund to the Oklahoma State Legislature.

Laws 1982, c. 202, § 7; Laws 1993, c. 145, § 124, eff. July 1, 1993.  Renumbered from Title 63, § 1-2021 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-101.  Short title.

This article shall be known and may be cited as the "Central Interstate LowLevel Radioactive Waste Compact".

Laws 1983, c. 27, § 1; Laws 1993, c. 145, § 125, eff. July 1, 1993.  Renumbered from Title 63, § 1-2101 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-102.  Central Interstate Low-Level Radioactive Waste Compact - Enactment.

The Central Interstate LowLevel Radioactive Waste Compact is hereby enacted into law and entered into by the State of Oklahoma with all other states legally joining therein in accordance with its terms, in the form substantially as follows:

ARTICLE I.  POLICY AND PURPOSE

The party states recognize that each state is responsible for the management of its nonfederal lowlevel radioactive wastes.  They also recognize that the Congress, by enacting the LowLevel Radioactive Waste Policy Act, 42 U.S.C., Sections 2121b to 2121d, has authorized and encouraged states to enter into compacts for the efficient management of wastes.  It is the policy of the party states to cooperate in the protection of the health, safety and welfare of their citizens and the environment and to provide for and encourage the economical management of lowlevel radioactive wastes.  It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety and welfare of the citizens and the environment of the region; to limit the number of facilities needed to effectively and efficiently manage lowlevel radioactive wastes and to encourage the reduction of the generation thereof; and to distribute the costs, benefits and obligations among the party states.  It is the policy of the party states that activities conducted by the Commission are the formation of public policies and are therefore public business.

ARTICLE II.  DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A.  "Commission" means the Central Interstate LowLevel Radioactive Waste Compact Commission;

B.  "Decommissioning" means the measure taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the facility;

C.  "Disposal" means the isolation and final disposition of waste;

D.  "Extended care" means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or cleanup necessary to protect public health and the environment;

E.  "Facility" means any site, location, structure or property used or to be used for the management of waste;

F.  "Generator" means any person who, in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, biomedical research, other industrial or commercial activity, other research or mining in a party state, produces or processes waste.  "Generator" does not include any person who receives waste generated outside the region for subsequent shipment to a regional facility;

G.  "Host state" means any party state in which a regional facility is situated or is being developed;

H.  "Institutional control" means those activities carried out by the host state to physically control access to the disposal site following transfer of the license to the owner of the disposal site.  These activities include, but are not limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state and administration of funds to cover the costs of these activities.  The period of institutional control will be determined by the host state but may not be less than one hundred (100) years following transfer of the license to the owner of the disposal site;

I.  "Lowlevel radioactive waste" or "waste" means, as defined in the LowLevel Radioactive Waste Policy Act (Public Law 96573), radioactive waste not classified as:  Highlevel radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in Section 11 e.2 of the Atomic Energy Act of 1954, U.S.C. Section 2014, as amended through 1978;

J.  "Management of waste" means the storage, treatment or disposal of waste;

K.  "Notification of each party state" means transmittal of written notice to the Governor, presiding officer of each legislative body and any other persons designated by the party state's Commission member to receive such notice;

L.  "Party state" means any state which is a signatory party to this compact;

M.  "Person" means any individual, corporation, business enterprise or other legal entity, either public or private;

N.  "Region" means the area of the party states;

O.  "Regional facility" means a facility which is located within the region and which has been approved by the Commission for the benefit of the party states;

P.  "Site" means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way from the source of generation;

Q.  "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands or any other territorial possession of the United States;

R.  "Storage" means the holding of waste for treatment or disposal; and

S.  "Treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render such waste safer for transport or management, amenable for recovery, convertible to another usable material or reduced in volume.

ARTICLE III.  RIGHTS AND OBLIGATIONS

A.  There shall be provided within the region one or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region.  It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of the Central Interstate Low-level Radioactive Waste Compact, and each party state shall have the right to have the wastes generated within its borders managed at such facility.

B.  To the extent authorized by federal law and host state law, a host state shall regulate and license any regional facility within its borders and ensure the extended care of such facility.

C.  Rates shall be charged to any user of the regional facility, set by the operator of a regional facility and shall be fair and reasonable and be subject to the approval of the host state.  Such approval shall be based upon criteria established by the Commission.

D.  A host state may establish fees which shall be charged to any user of a regional facility and which shall be in addition to the rates approved pursuant to subsection C of Article III of the compact, for any regional facility within its borders.  Any fees proposed by the host state shall be subject to a one hundred twenty-day prior notice to the Commission with an opportunity to provide comments to the host state.  Such fees shall be fair and reasonable, and shall provide the host state with sufficient revenue to cover all anticipated present and future costs associated with any regional facility and a reasonable reserve for future contingencies which are not covered by rates established in subsection C of Article III of the compact including, but not limited to:

1.  The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility;

2.  Response, removal, or remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility;

3.  Premiums for property and third party liability insurance;

4.  Protection of the public health and safety and the environment;

5.  Compensation and incentives to the host community;

6.  Any amount due from a judgment or settlement involving a property or third party liability claim for medical expenses and all other damages incurred as a result of personal injury or death and damages or losses to real or personal property or the environment; and

7.  The cost of defending or pursuing liability claims against any party or state.

The fees established pursuant to subsection D of Article III of the compact may include incentives for source and volume reduction and may be based on the hazard of the waste.  Notwithstanding anything to the contrary in the compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under subsection D of Article III of the compact, all party states and any other state or states whose generators use the regional facility, shall share liability for all such costs.  However, there shall be no recovery from the states under subsection D of this article until all available funds, payments, or in-kind services have been exhausted including:

a. designated low-level radioactive waste funds managed by the host state,

b. payable proceeds of insurance or surety policies applicable to a regional facility,

c. proceeds of reasonable collection efforts against the regional facility operator or operators, and

d. payments from in-kind services by generators.

In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings, if not dismissed within sixty (60) days of filing, shall be considered exhaustion of reasonable collection efforts with respect to such party.  Recovery from the states under subsection D of Article III of the compact upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer or generator.  During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run.  All costs or liabilities shared by a state will be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.

E.  To the extent authorized by federal law, each party state is responsible for enforcing any applicable federal and state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations.

F.  Each party state has the right to rely on the good faith performance of each other party state.

G.  Unless authorized by the Commission, it shall be unlawful after January 1, 1986, for any person:

1.  To deposit at a regional facility, waste not generated within the region;

2.  To accept, at a regional facility, waste not generated within the region;

3.  To export from the region, waste which is generated within the region; and

4.  To transport waste from the site at which it is generated except to a regional facility.

ARTICLE IV.  THE COMMISSION

A.  There is hereby established the Central Interstate LowLevel Radioactive Waste Compact Commission.  The Commission shall consist of one voting member from each party state, except that each host state shall have two at-large voting members and one nonvoting member from the county in which the facility is located.  All members shall be appointed according to the laws of each state.  The appointing authority of each party state shall notify the Commission in writing of the identity of its member and any alternates.  An alternate may act on behalf of the member only in the absence of such member.  Each state is responsible for the expenses of its member of the Commission.

B.  Except for the nonvoting member, each Commission member shall be entitled to one vote.  Unless otherwise provided herein, no action of the Commission shall be binding unless a majority of the total membership casts its vote in the affirmative.

C.  The Commission shall elect from among its membership a chairman.  The Commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact.

D.  The Commission shall meet at least once a year and shall also meet upon the call of the chairman, by petition of a majority of the membership or upon the call of a host state member.  All meetings of the Commission shall be open to the public with reasonable advance publicized notice given, and such meetings shall be subject to those exceptions provided for within the open meetings laws of the host state.  The Commission shall adopt bylaws that are consistent in scope and principle with the open meetings laws of the host state, or if there is no host state, the open meetings law of the state in which the Commission headquarters is located.

E.  The Commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any federal, state or local agency, board or commission that has jurisdiction over any matter arising under or relating to the terms and provisions of this compact.  The Commission shall determine in which proceedings it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence or other participation in such proceedings as may be necessary to represent its views.

F.  The Commission may establish such committees as it deems necessary for the purpose of advising the Commission on any and all matters pertaining to the management of waste.

G.  The Commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions.  The Commission may also contract with and designate any person to perform necessary functions to assist the Commission.  Unless otherwise required by acceptance of a federal grant the staff shall serve at the Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission.

H.  Funding for the Commission shall be as follows:

1.  The Commission shall set and approve its first annual budget as soon as practicable after its initial meeting.  Party states shall equally contribute to the Commission budget on an annual basis, an amount not to exceed Twentyfive Thousand Dollars ($25,000.00) until surcharges are available for that purpose.  Host states shall begin imposition of the surcharges provided for in this subsection as soon as practicable and shall remit to the Commission funds resulting from collection of such surcharges within sixty (60) days of their receipt; and

2.  Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which:

a. shall be sufficient to cover the annual budget of the Commission, and

b. shall be paid to the Commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission.

I.  The Commission shall keep accurate accounts of all receipts and disbursements.  A licensed public accountant or a certified public accountant shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission.  Such audit report shall be made a part of the annual report of the Commission required by Article IV of the compact.

J.  The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise from any person and may receive, utilize and dispose of same.  The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this subsection, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.

K.  1.  Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships.  Generators, transporters of waste, owners and operators of facilities shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating thereto; and

2.  The Commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions.  Liabilities of the Commission shall not be deemed liabilities of the party states.  Members of the Commission shall not be personally liable for actions taken by them in their official capacity.

L.  Any person or party state aggrieved by a final decision of the Commission may obtain judicial review of such decisions in the United States District Court in the district wherein the Commission maintains its headquarters by filing in such court a petition for review within sixty (60) days after the Commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court.

M.  The Commission shall:

1.  Receive and approve the application of a nonparty state to become a party state in accordance with Article VII of the compact;

2.  Submit an annual report to, and otherwise communicate with, the Governors and the presiding officers of the legislative bodies of the party states regarding the activities of the Commission;

3.  Hear and negotiate disputes which may arise between the party states regarding this compact;

4.  Require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of Commission and party states' responsibilities;

5.  Approve the development and operation of regional facilities in accordance with Article V of the compact;

6.  Notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the Commission, including the affirmative vote of any host state which may be affected;

7.  Revoke the membership of a party state in accordance with Articles V and VII of the compact;

8.  Require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any forum designated in subsection E of Article IV of the compact; and

9.  Take such other action as may be necessary to perform its duties and functions as provided in this compact.

N.  All files, records, and data of the Commission shall be open to reasonable public inspection, regardless of physical form, subject to those exceptions listed within the public records laws of the host state.  The Commission shall adopt bylaws relating to the availability of files, records, and data of the Commission that are consistent in scope and principle with the public records laws of the host state, or if there is no host state, the public records laws of the state in which the Commission headquarters is located.

O.  All decisions of the Commission regarding public meetings and public records issues shall be reviewable solely in a United States District Court of a host state, or if there is no host state, then in the state in which the Commission headquarters is located.

ARTICLE V.  DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES

A.  Following the collection of sufficient data and information from the states, the Commission shall allow each party state the opportunity to volunteer as a host for a regional facility.

B.  If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the Commission, based on the criteria in subsection C of Article V of the compact, then the Commission shall publicly seek applicants for the development and operation of regional facilities.

C.  The Commission shall review and consider each applicant's proposal based upon the following criteria:

1.  The capability of the applicant to obtain a license from the applicable authority;

2.  The economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste;

3.  Financial assurances;

4.  Accessibility to all party states; and

5.  Such other criteria as shall be determined by the Commission to be necessary for the selection of the best proposal, based on the health, safety and welfare of the citizens in the region and the party states.

D.  The Commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in subsection C of Article V of the compact and the needs of the region.

E.  Following notification of each party state of the results of the preliminary selection process, the Commission shall:

1.  Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the Commission or as modified with the approval of the Commission; and

2.  Require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted.

F.  The preliminary selection or selections made by the Commission pursuant to Article V of the compact shall become final and receive the Commission's approval as a regional facility upon the issuance of a license by the licensing authority.  If a proposed regional facility fails to become licensed, the Commission shall make another selection pursuant to the procedures identified in Article V of the compact.

G.  The Commission may by a twothirds affirmative vote of its membership, revoke the membership of any party state which, after notice and hearing shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the Commission to apply for such license or permit.  Revocation shall be in the same manner as provided for in subsection E of Article VII of the compact.

ARTICLE VI.  OTHER LAWS AND REGULATIONS

A.  Nothing in this compact shall be construed to:

1.  Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress;

2.  Prevent the application of any law which is not otherwise inconsistent with this compact;

3.  Prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful;

4.  Affect any judicial or administrative proceeding pending on the effective date of this compact;

5.  Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and

6.  Affect the generation or management of waste generated by the federal government or federal research and development activities.

B.  No party state shall pass or enforce any law or regulation which is inconsistent with this compact.

C.  All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact.  Any legal right, obligation, violation or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected.

D.  No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.

ARTICLE VII.  ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,

ENTRY INTO FORCE, TERMINATION

A.  This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma and South Dakota.

B.  Any state may petition the Commission for eligibility.  A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the Commission.

C.  An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law.  In no event shall the compact take effect in any state until it has been entered into force as provided for in subsection F of  Article VII of the compact.

D.  Any party state may withdraw from this compact by enacting a statute repealing the same.  Unless permitted earlier by unanimous approval of the Commission, such withdrawal shall take effect five (5) years after the Governor of the withdrawing state has given notice in writing of such withdrawal to each Governor of the party states.  No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

E.  Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the Commission.  Revocation shall take effect one (1) year from the date such party state receives written notice from the Commission of its action.  The Commission may require such party state to pay to the Commission, for a period not to exceed five (5) years from the date of notice of revocation, an amount determined by the Commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with subsection D of Article III of the compact, in the event of insufficient revenues.  The Commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states.  Such state shall also pay an amount equal to that which such party state would have contributed to the annual budget of the Commission if such party state would have remained a member of the compact.  All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled.  Written notice of revocation of any state's membership in the compact shall be transmitted immediately following the vote of the Commission, by the chairman, to the Governor of the affected party state, all other Governors of the party states and the Congress of the United States.

F.  This compact shall become effective after enactment by at least three eligible states and after consent has been given to it by the Congress.  The Congress shall have the opportunity to withdraw such consent every five (5) years.  Failure of the Congress to withdraw its consent affirmatively shall have the effect of renewing consent for an additional fiveyear period.  The consent given to this compact by the Congress shall extend to any future admittance of new party states under subsections B and C of Article VII of the compact and to the power to ban the exportation of waste pursuant to Article III of the compact.

G.  The withdrawal of a party state from this compact under subsection D of Article VII of the compact or the revocation of a state's membership in this compact under subsection E of Article VII of the compact shall not affect the applicability of this compact to the remaining party states.

H.  This compact shall be terminated when all party states have withdrawn pursuant to subsection D of Article VII of the compact.

ARTICLE VIII.  PENALTIES

A.  Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact.

B.  Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.

ARTICLE IX.  SEVERABILITY AND CONSTRUCTION

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.  The provisions of this compact shall be liberally construed to give effect to the purpose thereof.

Laws 1983, c. 27, § 2; Laws 1992, c. 380, § 1, eff. July 1, 1992; Laws 1993, c. 145, § 126, eff. July 1, 1993.  Renumbered from Title 63, § 1-2102 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-103.  Authorization to execute Compact.

The Governor, on behalf of this state, is authorized to execute the Central Interstate LowLevel Radioactive Waste Compact, in order for this state to become a party state as defined in paragraph J of Article II of the compact.  For the purposes of the Central Interstate Low-Level Radioactive Waste Compact, the state has not entered into an interstate compact until the compact becomes effective by its own terms.

Laws 1983, c. 27, § 3; Laws 1993, c. 145, § 127, eff. July 1, 1993.  Renumbered from Title 63, § 1-2103 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-201.  Oklahoma representatives to Central Interstate Low-Level Radioactive Waste Compact Commission.

The member of the Central Interstate LowLevel Radioactive Waste Compact Commission representing the State of Oklahoma shall be the Executive Director of the Department of Environmental Quality or the designated representative of the Executive Director.

Laws 1983, c. 27, § 4; Laws 1992, c. 380, § 2, eff. July 1, 1992; Laws 1993, c. 145, § 128, eff. July 1, 1993.  Renumbered from Title 63, § 1-2104 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-202.  Rules.

A.  The Board, with the assistance of the Radiation Management Advisory Council, shall promulgate, in accordance with the Administrative Procedures Act, for the purpose of the compact, rules for the generating, storing, packaging and transporting of lowlevel radioactive waste generated within Oklahoma and the packaging and transporting of such waste passing through this state.

B.  The Board rules shall be consistent with and may incorporate such standards of the U.S. Nuclear Regulatory Commission and of the U.S. Department of Transportation by reference.  The Department shall administer and enforce the provisions of the Central Interstate LowLevel Radioactive Waste Compact and the rules of the Board.

C.  The annual fees of the State of Oklahoma due the Central Interstate Low-Level Radioactive Waste Compact Commission shall be apportioned among those generators disposing of low-level radioactive waste as determined by the Central Interstate Low-Level Radioactive Waste Compact Commission.

Laws 1983, c. 27, § 5; Laws 1993, c. 145, § 129, eff. July 1, 1993.  Renumbered from Title 63, § 1-2105 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-203.  Oklahoma rate-review agency.

For purposes of Article III of the Central Interstate LowLevel Radioactive Waste Compact, the Corporation Commission is designated as the ratereview agency for the State of Oklahoma.

Laws 1983, c. 27, § 6; Laws 1993, c. 145, § 130, eff. July 1, 1993.  Renumbered from Title 63, § 1-2106 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-8-204.  Study of Oklahoma as low-level radioactive waste disposal site.

The Department and the Radiation Management Advisory Council shall study the procedural and substantive authority, criteria and physical and technical standards that would be advisable and necessary for the protection of the health, safety and welfare of the public and the environment concerning the licensure and subsequent construction and operation of a lowlevel radioactive waste disposal site in this state should Oklahoma be considered as one of the host states for the region, in accordance with Articles IV and V of the Central Interstate LowLevel Radioactive Waste Compact.  The Department shall annually submit written findings and recommendations to the Governor and to the Legislature.

Laws 1983, c. 27, § 7; Laws 1993, c. 145, § 131, eff. July 1, 1993.  Renumbered from Title 63, § 1-2107 by Laws 1993, c. 145, § 359, eff. July 1, 1993.

§27A-2-9-101.  Short title.

This article shall be known and may be cited as the "Radiation Management Act".

Added by Laws 1993, c. 145, § 132, eff. July 1, 1993.

§27A-2-9-102.  Definitions.

As used in the Radiation Management Act:

1.  "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation;

2.  "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the ionizing radiation incident to the process of producing or utilizing special nuclear materials;

3.  "Production facility" means:

a. any equipment or device determined under authority of the federal Atomic Energy Act of 1954, as amended, to be capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or

b. any important component part especially designed for such equipment or device;

4.  "Special nuclear material" means:

a. plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which is determined to be special nuclear material under authority of the federal Atomic Energy Act of 1954, as amended, but does not include source material, or

b. any material artificially enriched by any of the foregoing, but does not include source material;

5.  "Utilization facility" means:

a. any equipment or device, except an atomic or nuclear weapon, as determined under authority of the federal Atomic Energy Act of 1954, as amended, to be capable of making use of special nuclear materials in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public, or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public, or

b. any important component part especially designed for such equipment or device;

6.  "Ionizing radiation" means any electromagnetic or particulate radiation capable of producing ions, directly or indirectly, in its passage through matter, such as alpha particles, beta particles, gamma rays, Xrays, neutrons, high-speed electrons, high-speed protons, and other atomic particles, but not sound or radio waves, or visible, infrared, or ultraviolet light;

7.  "Nonionizing radiation" means radiation in any portion of the electromagnetic spectrum not defined as ionizing radiation, and at energy levels which may reasonably be expected to cause bodily harm, including, but not limited to, emissions from such sources as lasers, microwave and ultraviolet devices;

8.  "Radiation" means ionizing and nonionizing radiation;

9.  "Source of radiation" means any radioactive material or any instrument or material capable of producing or emitting radiation as defined in the preceding paragraph;

10.  "Radiation hazard" is any condition that could, with reasonable expectation, result in harmful radiation exposure in such manner as to affect the health and safety of the public and the environment;

11.  "Source material" means:

a. uranium or thorium, or any combination thereof, in any physical or chemical form, or

b. ores which contain by weight onetwentieth of one percent (1/20 of 1%) or more of uranium, thorium, or any combination thereof.

Source material does not include special nuclear material;

12.  "Diagnostic x-ray facility" means the use of an x-ray system(s) by a facility in any procedure that involves irradiation of any part of a human or animal body for the purpose of diagnosis;

13.  "Electronic product radiation" means:

a. any ionizing or nonionizing electromagnetic or particulate radiation, or

b. any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product; and

14.  "Electronic product" means:

a. any manufactured or assembled product which, when in operation:

(1) contains or acts as part of an electronic circuit, and

(2) emits, or would emit in the absence of effective shielding or other controls, electronic product radiation, or

b. any manufactured or assembled article which is intended for use as a component, part, or accessory of a product described in subparagraph a of this definition and which, when in operation, emits (or in the absence of effective shielding would emit) such radiation.

Added by Laws 1993, c. 145, § 133, eff. July 1, 1993.

§27A-2-9-103.  Official agency for regulatory activities - Application of act - Agreements with United States Nuclear Regulatory Commission.

A.  The Department of Environmental Quality is hereby designated as the official agency of the State of Oklahoma for all regulatory activities for the use of atomic energy and sources of radiation, except for the use of sources of radiation by diagnostic x-ray facilities, and shall act as the coordinating agency for the purpose of cooperating with other states, the United States Public Health Service, and the United States Nuclear Regulatory Commission, and other federal agencies in the administration of programs relating to atomic energy and sources of radiation, available to the State of Oklahoma under federal laws; and it shall encourage, participate in, and conduct investigations, training and demonstrations relating to constructive uses of radiation and the prevention and control of its associated harmful effects, the control of radiation hazards, the measurement of radiation, the effects to health on exposure to radiation, and related problems.

B.  Nothing in this article shall interfere with the doctorpatient relationship of any practitioner of the healing arts; nor shall anything in this act prohibit a licensed practitioner of the healing arts, or an individual under the direction of such licensed practitioner, from using Xrays or fluoroscopes for diagnostic purposes, as authorized under the specific licensing act for the practitioner and other law.

C.  The Governor, on behalf of this state, may enter into agreements with the United States Nuclear Regulatory Commission, pursuant to Section 274b of the Atomic Energy Act of 1954, as amended, providing for discontinuance of specified responsibilities of the federal government and for the assumption thereof by this state with respect to byproduct material, special nuclear material, and sources of radiation.

D.  Any person who, on the effective date of an agreement under subsection C of this section, possesses a license which is subject to that agreement and which is issued by the United States Nuclear Regulatory Commission for radioactive materials, shall be deemed to possess a like license issued under the Radiation Management Act.  Such license shall expire on the date of expiration specified in the federal Nuclear Regulatory Commission license.

Added by Laws 1993, c. 145, § 134, eff. July 1, 1993.

§27A-2-9-104.  Rules.

A.  The Board shall have the authority to promulgate rules on the following: the establishment of standards for safe levels of protection against radiation; the maintenance and submission of records; the determination, prevention and control of radiation hazards; the reporting of radiation accidents; the handling, storage and registration of sources of radiation; periodic inspections of facilities using sources of radiation; the review and approval of plans, and the issuance and revocation of permits and licenses, for the use of sources of radiation; prior to issuance of any permit, requirements to post a bond or acceptable alternative financial assurance guaranteeing proper on-site or off-site storage or disposal; methods and facilities for disposal of sources of radiation; constructive uses of radiation, and prevention and control of its associated harmful effects; and other items deemed necessary for the protection of the public health and safety in radiation.  Such rules shall be consistent with nationally recognized standards, which may be included by reference in the adopted rules.

B.  Such rules shall not apply to the use of sources of radiation by diagnostic x-ray facilities.

Added by Laws 1993, c. 145, § 135, eff. July 1, 1993.

§27A-2-9-105.  Fees.

A.  The Board shall, pursuant to Section 24 of this act, establish by rule a fee schedule to be charged for permits, licenses, or radiation protection services for the regulation of any source of radiation by the Department.  Fees charged pursuant to this section shall be paid into the Department of Environmental Quality Revolving Fund and shall be used by the Department in administering the radiation management program pursuant to Section 24 of this act.

B.  The Board shall consider any federal funding available to the Department, or federal guidelines or requirements for agreement states, when establishing or amending the schedule of fees for radiation permits, licenses or protection services by the Department.

Added by Laws 1993, c. 145, § 136, eff. July 1, 1993.

§27A-2-9-106.  Topics of invest