Title 27A, Title 27A — Environment and Natural Resources
0 chapters · 416 sections in this title.
27A O.S. § 2-3-103 Administrative Law Judges - Duties - Qualifications -
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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 …
27A O.S. § 2-3-104 Complaints program
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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 sourc…
27A O.S. § 2-3-105 Pollution Prevention Program - Creation
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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 O.S. § 2-3-106 Pollution prevention, defined
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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…
27A O.S. § 2-3-107 Pollution Prevention Program - Duties - Authority -
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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 envir…
27A O.S. § 2-3-108 State environmental regulatory agencies -
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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…
27A O.S. § 2-3-109 Oklahoma Energy Efficiency and Emission Reduction
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Program. A. There is hereby created the “Oklahoma Energy Efficiency and Emission Reduction Program”, to be administered by the Department of Environmental Quality. The purpose of the Oklahoma Energy Efficiency and Emission Reduction Program is to fund activities and projects desi…
27A O.S. § 2-3-110 Sale of headquarters building – Relocation of offices
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– Authority to purchase or lease. A. The Oklahoma Tourism and Recreation Department, State Department of Health, Oklahoma Tax Commission, Oklahoma Water Resources Board, Oklahoma Department of Labor and Department of Mines, in addition to the other powers and duties vested by Okl…
27A O.S. § 2-3-201 Executive Director - Appointment - Qualifications -
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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, co…
27A O.S. § 2-3-202 Powers and duties of Department
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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…
27A O.S. § 2-3-301 Renewal of license - Renewal fee - Penalty fee -
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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…
27A O.S. § 2-3-302 Applications for permits or other authorizations
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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 subseq…
27A O.S. § 2-3-401 Department of Environmental Quality Revolving Fund -
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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 subje…
27A O.S. § 2-3-402 Schedule of fees
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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 fu…
27A O.S. § 2-3-403 Environmental Trust Revolving Fund
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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…
27A O.S. § 2-3-404 Blue River-Little Blue Creek Stream Health Assessment
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Study Revolving Fund. A. There is hereby created in the State Treasury a revolving fund for the Department of Environmental Quality to be designated the “Blue River-Little Blue Creek Stream Health Assessment Study Revolving Fund”. The fund shall be a continuing fund, not subject …
27A O.S. § 2-3-501 Sampling, inspecting and investigating conditions
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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 a…
27A O.S. § 2-3-502 Notice of Code violation - Administrative remedies
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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…
27A O.S. § 2-3-503 Notice of complaint - Opportunity to provide written
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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 th…
27A O.S. § 2-3-504 Violation of Code, order, permit or license or rule -
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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 Departmen…
27A O.S. § 2-3-505 Fraud or misrepresentation - Additional penalties
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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 repo…
27A O.S. § 2-3-506 Violations, remedies and penalties cumulative
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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; no…
27A O.S. § 2-3-507 Compliance schedules
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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 need…
27A O.S. § 2-4-101 Definitions
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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 accr…
27A O.S. § 2-4-201 Services and analyses - Rules - Fee schedule -
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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, citi…
27A O.S. § 2-4-301 Duties of Department
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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 laboratori…
27A O.S. § 2-4-302 Promulgation of rules - Fee schedule - Disposition of
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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 accreditat…
27A O.S. § 2-4-303 Applications for accreditation - Form and manner -
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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 com…
27A O.S. § 2-4-304 Acceptance of reports or laboratory analyses
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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 accredit…
27A O.S. § 2-4-305 Suspension, revocation, or refusal to renew
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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 …
27A O.S. § 2-4-306 Department of Environmental Quality - Accreditations
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A. The Department of Environmental Quality shall mutually recognize environmental laboratory accreditations issued by The NELAC Institute’s (TNI) primary National Environmental Laboratory Accreditation Program (NELAP) accreditation bodies without any duplicative actions to determ…
27A O.S. § 2-5-101 Citation
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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 § 2001 of Title 63 by Laws 1978, c. 62, § 2. Amended by Laws 1993, c. 145, § 38, eff. July 1, 1993. Renumbered from § 1-1801 of Title 63 by Laws …
27A O.S. § 2-5-102 Purpose - Definitions - Administrative agency - Rules
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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 atmosphe…
27A O.S. § 2-5-103 Municipal regulation - Powers of State Board of
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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 string…
27A O.S. § 2-5-104 Definitions
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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 fume…
27A O.S. § 2-5-105 Administrative agency - Powers and duties
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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; …
27A O.S. § 2-5-106 Rules and regulations
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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 con…
27A O.S. § 2-5-106.1 Controlled open burning - Fire training
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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 purp…
27A O.S. § 2-5-107 Air Quality Council - Powers and duties
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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 contaminan…
27A O.S. § 2-5-108 Director of Air Quality Program - Powers and duties
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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…
27A O.S. § 2-5-109 Variances - Petition - Incremental compliance
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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 a…
27A O.S. § 2-5-110 Violations - Compliance orders - Administrative
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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…
27A O.S. § 2-5-111 Field citations - Election of penalty or hearing -
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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…
27A O.S. § 2-5-112 Comprehensive permitting program - Issuance, denial
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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 …
27A O.S. § 2-5-113 Permit fees - Department of Environmental Quality
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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, t…
27A O.S. § 2-5-114 Implementation and enforcement of federal emission
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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…
27A O.S. § 2-5-115 Small business technical and environmental compliance
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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…
27A O.S. § 2-5-116 Violations - Penalties
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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 emissi…
27A O.S. § 2-5-117 Civil actions - Injunctions - Abatement - Civil
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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 tha…
27A O.S. § 2-5-130 Air curtain incinerators – Limitations on required
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use. A. 1. The Department of Environmental Quality shall not require the use of an air curtain incinerator for fires purposely set for land clearing operations except in counties or areas within a county that: a. are or have been designated nonattainment for National Ambient Air …