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0 chapters · 416 sections in this title.
27A O.S. § 2-7-106 Rules and regulations - Hearings - Consultation and
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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, …
27A O.S. § 2-7-107 Rules - Regulation of radioactive waste - Federal
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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…
27A O.S. § 2-7-108 Hazardous waste facilities - Permit for storage
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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 h…
27A O.S. § 2-7-109 Limitation on persons eligible for issuance, renewal
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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 ha…
27A O.S. § 2-7-110 Liquid hazardous waste - Certain disposal prohibited
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- 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, t…
27A O.S. § 2-7-111 Prohibited disposal - Hazardous waste facility for
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on-site 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 iner…
27A O.S. § 2-7-112 Hazardous waste facility construction to be
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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.…
27A O.S. § 2-7-113.1 Issuance of permits - Suitability of facility -
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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 s…
27A O.S. § 2-7-114 New hazardous waste facilities within eight miles of
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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 loc…
27A O.S. § 2-7-115 New hazardous waste facility permits - Suitability of
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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 …
27A O.S. § 2-7-116 Permits - Application - Liability insurance - Bond -
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Financial responsibility - Operation of facility - Insolvency - Liability of guarantors. A. Except for emergency permits issued in accordance with Section 2-7-113.1 of this title, no permit shall be issued except upon proper application, proof of sufficient liability insurance an…
27A O.S. § 2-7-117 Multi-user on-site treatment facilities - Permits -
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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…
27A O.S. § 2-7-118 Facilities that recycle hazardous waste - Permit
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requirements, exemption. Facilities that recycle hazardous waste shall be exempt from subsection C of Section 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 subjec…
27A O.S. § 2-7-119 Permit fees
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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 was…
27A O.S. § 2-7-120 Fee for disposal of liquid waste other than
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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 that is required to be permitted shall pay a fee of two-hun…
27A O.S. § 2-7-121 Annual fee - Exemptions - Expenditure of funds
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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 Environment…
27A O.S. § 2-7-121.1 Waiver of fee
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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 …
27A O.S. § 2-7-122 Disposal by underground injection - Limitation of
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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. J…
27A O.S. § 2-7-123 Permit issuance notice - Notice of remediation or
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related action taken - Interference with remediation – Good Samaritan protections and immunities. 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 or cause to be f…
27A O.S. § 2-7-124 Monitoring of closed facility
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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…
27A O.S. § 2-7-125 Hazardous waste manifest
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A. Persons generating hazardous waste shall provide a manifest to the operator of any mode of any off-site transportation carrying hazardous waste. Such manifest shall be in a form which has been prescribed by the Department of Environmental Quality. The manifest shall also set f…
27A O.S. § 2-7-126 Orders
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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…
27A O.S. § 2-7-127 Corrective action - Permit review - Permit renewal -
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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…
27A O.S. § 2-7-128 Administrative penalties - Disposition and use
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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. …
27A O.S. § 2-7-129 Violations - Civil penalties
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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…
27A O.S. § 2-7-130 Violations - Criminal penalties
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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 there…
27A O.S. § 2-7-131 Initiation and prosecution of action
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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 …
27A O.S. § 2-7-132 Appeal of issuance of permit - Stay of time
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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. Amend…
27A O.S. § 2-7-133 Intervention
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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,…
27A O.S. § 2-7-134 Summary suspension of permit for failure to remit
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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 a…
27A O.S. § 2-7-201 Special Economic Development Trust Funds
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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…
27A O.S. § 2-7-301 Short title
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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 O.S. § 2-7-302 Purposes of act
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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 a…
27A O.S. § 2-7-303 Definitions
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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 hazar…
27A O.S. § 2-7-304 Creation of fund - Status - Expenditures - Purpose -
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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 pu…
27A O.S. § 2-7-305 Assistance to political subdivisions
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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 pr…
27A O.S. § 2-7-306 Rules
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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 O.S. § 2-7-307 Report of use and disposition of funds
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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 O.S. § 2-7-401 Short title
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Sections 2 through 9 of this act shall be known and may be cited as the “Oklahoma Highway Remediation and Cleanup Services Act”. Added by Laws 2006, c. 243, § 2, eff. Nov. 1, 2006.
27A O.S. § 2-7-402 Definitions
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As used in the Oklahoma Highway Remediation and Cleanup Services Act: 1. "Highway remediation and cleanup service" means the removal of cargo involved in and the containment, removal or remediation of spills occurring as the result of a collision involving a truck, truck-tractor,…
27A O.S. § 2-7-403 Licensure and regulation of highway remediation and
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cleanup services and operators. A. The Department of Environmental Quality shall have the power and authority to license, supervise, govern and regulate highway remediation and cleanup services and highway remediation and cleanup service operators in this state. B. The Environmen…
27A O.S. § 2-7-404 License requirements - Display - Fees - Term and
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renewal - Suspension or revocation - List of service operators. A. To be licensed pursuant to this act, a person, firm, corporation or other entity shall meet the following requirements: 1. Principal business facilities are located within Oklahoma; 2. Tow trucks are registered an…
27A O.S. § 2-7-405 Authority to employ or contract with remediation
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service of choice - Hazardous conditions exception. The provisions of this act shall not preclude any person in need of any highway remediation or cleanup service from employing or contracting with any licensed highway remediation service of choice, except where hazardous conditi…
27A O.S. § 2-7-406 Applicability - Exceptions
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A. The provisions of the Oklahoma Highway Remediation and Cleanup Services Act shall not apply to discharges or spills from rail transportation, vehicles or cargo at locations including, but not limited to, highway, street or road intersections or other locations involving railro…
27A O.S. § 2-8-101 Short title
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This article shall be known and may be cited as the "Central Interstate Low-Level 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 O.S. § 2-8-102 Central Interstate Low-Level Radioactive Waste
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Compact - Enactment. The Central Interstate Low-Level 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…
27A O.S. § 2-8-103 Authorization to execute Compact
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The Governor, on behalf of this state, is authorized to execute the Central Interstate Low-Level 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…
27A O.S. § 2-8-201 Oklahoma representatives to Central Interstate Low-
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Level Radioactive Waste Compact Commission. The member of the Central Interstate Low-Level 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 Ex…
27A O.S. § 2-8-202 Rules - Apportionment of fees
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A. The Environmental Quality 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 low-level…
27A O.S. § 2-8-203 Oklahoma rate-review agency
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For purposes of Article III of the Central Interstate Low-Level Radioactive Waste Compact, the Corporation Commission is designated as the rate-review agency for the State of Oklahoma. Laws 1983, c. 27, § 6; Laws 1993, c. 145, § 130, eff. July 1, 1993. Renumbered from Title 63, §…