A. In order to protect public health and preserve the expectation of future disposal capability of areas local to a disposal site, except as otherwise provided by this section, no disposal site shall accept more than two hundred (200) tons per day of solid waste generated more than fifty (50) miles from the disposal site unless a permit application for a new disposal site is submitted and approved by the Department for such waste.
The waste generated within the fifty-mile local area shall not be considered in calculating the two-hundred-ton limit.
B. New and existing landfills, incinerators, or other sites designed, constructed and operated in accordance with the most environmentally protective solid waste regulations adopted by the Board shall be subject to neither the two-hundred-ton nor the fifty-mile limit.
C. The Department may grant a temporary waiver to the limit specified in this section in the event of an emergency. Any such waiver so granted may be conditioned on development of additional capacity in the area where the waste is generated.
D. Before any disposal site accepts for disposal any solid waste generated outside the territorial limits of this state in excess of two hundred (200) tons per day:
1. The operator of the disposal site shall submit to the Department for approval a disposal plan prepared by either the generator or shipper as set out in the rules promulgated by the Board. Such plans as a minimum shall indicate the type and amount of solid waste generated, the handling, storage, treatment, disposal method and the disposal site to be used. The disposal plans shall be kept current by the persons submitting the original disposal plans and the Department shall be advised not less than five (5) working days prior to the day on which such changes are to be implemented.
Persons storing or shipping recyclable materials in an environmentally acceptable manner for the purpose of recycling shall be required to file disposal plans required by this subsection only for those wastes which are to be disposed.
2. The disposal site shall be designed, constructed and operated in accordance with the most environmentally protective solid waste rules promulgated by the Board. For landfills, the most environmentally protective solid waste regulations shall be any of those regulations promulgated by the Board for the largest population category and which include leachate collection in the landfill design, and which were effective when the application for disposal plan approval was filed with the Department.
E. Operators of solid waste disposal sites shall reject shipments of solid waste brought into this state which do not meet all the applicable requirements of this section. All rejected solid waste shall be taken out of state by the same persons who brought it into this state in violation of the provisions of this section.
F. Fly ash and bottom ash generated by coal-fired facilities located outside the territorial limits of this state in excess of two hundred (200) tons per day shall be constructively reutilized or disposed of only in an active or inactive mining operation subject to the provisions contained in Title 45 of the Oklahoma Statutes.
G. Willful violation of this section shall constitute a felony punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or imprisonment of not more than five (5) years, or both such fine and imprisonment.
Laws 1990, c. 225, § 4, eff. Sept. 1, 1990; Laws 1990, c. 217, § 7, eff. Sept. 1, 1990; Laws 1991, c. 336, § 3, eff. July 1, 1991; Laws 1993, c. 145, § 161, eff. July 1, 1993. Renumbered from Title 63, § 1-2304 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
Structure Oklahoma Statutes
Title 27A. Environment and Natural Resources
§27A-1-1-202. State environmental agencies - Powers, duties and responsibilities.
§27A-1-1-206. Economic impact and environmental benefit statements.
§27A-1-1-207. Kyoto Protocol – Implementation – Ratification by United States Senate.
§27A-1-2-103. Environmental Remediation Revolving Fund.
§27A-1-2-104. Environmental Programs Revolving Fund.
§27A-1-3-101. See the following versions:
§27A-1-4-107. Maintenance of computerized water quality data.
§27A-1-4-110. Short title - Oklahoma Environmental, Health and Safety Audit Privilege Act.
§27A-1-4-113. Audit report - Components.
§27A-1-4-114. Audit report privilege - Confidentiality.
§27A-1-4-115. Waiver of privilege – Unauthorized disclosure - Liability.
§27A-1-4-116. Disclosure by court or administrative hearings officials.
§27A-1-4-117. Information not subject to privilege.
§27A-1-4-119. Voluntary disclosure of violations - Immunity.
§27A-1-4-120. Effective date of application.
§27A-1-4-121. Construction with statutory or common law privilege.
§27A-2-1-101. Short title - Subsequent enactments.
§27A-2-2-103. Attorney General as legal counsel.
§27A-2-2-105. Applications for permits for water reuse projects.
§27A-2-2-201. Advisory councils.
§27A-2-3-102. Customer assistance program - Additional responsibilities.
§27A-2-3-103. Administrative Law Judges - Duties - Qualifications - Proceedings.
§27A-2-3-104. Complaints program.
§27A-2-3-105. Pollution Prevention Program - Creation.
§27A-2-3-106. Pollution prevention, defined.
§27A-2-3-109. Oklahoma Energy Efficiency and Emission Reduction Program.
§27A-2-3-202. Powers and duties of Department.
§27A-2-3-301. Renewal of license - Renewal fee - Penalty fee - Promulgation of rules.
§27A-2-3-302. Applications for permits or other authorizations.
§27A-2-3-402. Schedule of fees.
§27A-2-3-403. Environmental Trust Revolving Fund.
§27A-2-3-504. Violation of Code, order, permit or license or rule - Penalties and remedies.
§27A-2-3-505. Fraud or misrepresentation - Additional penalties.
§27A-2-3-506. Violations, remedies and penalties cumulative.
§27A-2-3-507. Compliance schedules.
§27A-2-4-201. Services and analyses - Rules - Fee schedule - Contracts.
§27A-2-4-301. Duties of Department.
§27A-2-4-302. Promulgation of rules - Fee schedule - Disposition of fees.
§27A-2-4-304. Acceptance of reports or laboratory analyses performed by accredited laboratories.
§27A-2-4-305. Suspension, revocation, or refusal to renew laboratory accreditation.
§27A-2-4-306. Department of Environmental Quality - Accreditations.
§27A-2-5-103. Municipal regulation - Powers of State Board of Agriculture.
§27A-2-5-105. Administrative agency - Powers and duties.
§27A-2-5-106.1. Controlled open burning - Fire training.
§27A-2-5-106. Rules and regulations.
§27A-2-5-107. Air Quality Council - Powers and duties.
§27A-2-5-108. Director of Air Quality Program - Powers and duties.
§27A-2-5-112. Comprehensive permitting program - Issuance, denial or renewal.
§27A-2-5-113. Permit fees - Department of Environmental Quality Revolving Fund subaccount.
§27A-2-5-116. Violations - Penalties.
§27A-2-5-117. Civil actions - Injunctions - Abatement - Civil penalties.
§27A-2-5-130. Air curtain incinerators – Limitations on required use.
§27A-2-6-102. Declaration of policy.
§27A-2-6-103.1. Contracts for technical assistance programs.
§27A-2-6-103. See the following versions:
§27A-2-6-103v1. Powers and duties of Department, Board and Executive Director.
§27A-2-6-103v2. Powers and duties of Department, Board and Executive Director.
§27A-2-6-104. Purpose and construction.
§27A-2-6-105. Pollution of state air, land or waters - Order to cease.
§27A-2-6-107. Definition – Gray water.
§27A-2-6-108. Application of less than 250 gallons of private residential gray water - Permitting.
§27A-2-6-109. Potable reuse of treated wastewater - Storage.
§27A-2-6-110. Pilot projects for aquifer storage and recovery.
§27A-2-6-201. Short title - Construction and application.
§27A-2-6-203. Powers and duties of Board - Authority of Department.
§27A-2-6-205. Unlawful discharge - Permit requirements - Authority of Department.
§27A-2-6-206. Violations - Enforcement procedures - Penalties.
§27A-2-6-301. Oklahoma Water Supply Systems Act - Short title.
§27A-2-6-302. Cooperation with federal agencies.
§27A-2-6-303. Rules and standards.
§27A-2-6-304. Public water supply - Permit required - Exceptions - Application.
§27A-2-6-305. Waterworks - Filing of plans and surveys.
§27A-2-6-306. Annual service fee - Laboratory analyses.
§27A-2-6-307. Investigations of sanitary quality of water.
§27A-2-6-310.1. Legislative findings and declaration.
§27A-2-6-310.2. Promulgation of rules - Wellhead protection program.
§27A-2-6-310.3. Groundwater protection education program.
§27A-2-6-310.4. Act not to affect certain agencies' powers and duties.
§27A-2-6-402. Rules - Exemptions.
§27A-2-6-403.1. Inspections of existing sewage disposal systems.
§27A-2-6-501.2. Sludge management land application plan.
§27A-2-6-501.3. Promulgation of rules.
§27A-2-6-501.5. Agricultural use of sludge.
§27A-2-6-501.6. Distribution of municipal sludge.
§27A-2-6-601. Rules - Application - Authority of Department.
§27A-2-6-801. Licenses required - Rules and regulations.
§27A-2-6-901. Penalties - Misdemeanor - Injunctions - Assessment of civil penalties.
§27A-2-7-102. Hazardous waste - Regulation and control by this act.
§27A-2-7-104. Hazardous waste management program - Personnel.
§27A-2-7-105. Powers and duties of Department of Environmental Quality.
§27A-2-7-106. Rules and regulations - Hearings - Consultation and advice.
§27A-2-7-107. Rules - Regulation of radioactive waste - Federal preemption.
§27A-2-7-110. Liquid hazardous waste - Certain disposal prohibited - Exceptions.
§27A-2-7-112. Hazardous waste facility construction to be supervised.
§27A-2-7-113.1. Issuance of permits - Suitability of facility - Administrative procedures.
§27A-2-7-114. New hazardous waste facilities within eight miles of corporate limits - Exemptions.
§27A-2-7-117. Multi-user on-site treatment facilities - Permits - Suitability factors.
§27A-2-7-118. Facilities that recycle hazardous waste - Permit requirements, exemption.
§27A-2-7-121.1. Waiver of fee.
§27A-2-7-121. Annual fee - Exemptions - Expenditure of funds.
§27A-2-7-122. Disposal by underground injection - Limitation of annual fee.
§27A-2-7-124. Monitoring of closed facility.
§27A-2-7-125. Hazardous waste manifest.
§27A-2-7-127. Corrective action - Permit review - Permit renewal - Information and reports.
§27A-2-7-128. Administrative penalties - Disposition and use.
§27A-2-7-129. Violations - Civil penalties.
§27A-2-7-130. Violations - Criminal penalties.
§27A-2-7-131. Initiation and prosecution of action.
§27A-2-7-132. Appeal of issuance of permit - Stay of time restraints.
§27A-2-7-201. Special Economic Development Trust Funds.
§27A-2-7-302. Purposes of act.
§27A-2-7-305. Assistance to political subdivisions.
§27A-2-7-307. Report of use and disposition of funds.
§27A-2-7-403. Licensure and regulation of highway remediation and cleanup services and operators.
§27A-2-7-406. Applicability - Exceptions.
§27A-2-8-102. Central Interstate Low-Level Radioactive Waste Compact - Enactment.
§27A-2-8-103. Authorization to execute Compact.
§27A-2-8-202. Rules - Apportionment of fees.
§27A-2-8-203. Oklahoma rate-review agency.
§27A-2-8-204. Study of Oklahoma as low-level radioactive waste disposal site.
§27A-2-9-107. Exercise of federal authority - Impoundment of radioactive materials.
§27A-2-10-202. Powers and duties of Department of Environmental Quality.
§27A-2-10-205.1. Recycling - Protection from unnecessary and burdensome regulation.
§27A-2-10-205. Oklahoma Recycling Initiative.
§27A-2-10-301.2. Commercial composting facility - Permit.
§27A-2-10-301. Permit required - Exemptions - Remediation projects.
§27A-2-10-303.1. Availability of administrative permit hearing.
§27A-2-10-304. Variances - One-hundred year flood plains.
§27A-2-10-306. Appeal of issuance of permit - Stay of time restraints.
§27A-2-10-401. Sludge defined.
§27A-2-10-402.1. Acceptance of municipal sewage sludge by municipal solid waste landfill.
§27A-2-10-501. Nonhazardous industrial solid waste landfills - Permit - Restrictions.
§27A-2-10-701. Site closure plan - Financial security.
§27A-2-10-801.1. Vegetation plan.
§27A-2-10-801.2. Solid waste landfill - Exterior and interior slopes.
§27A-2-10-802.1. Application of reimbursement remainder to landfill closures.
§27A-2-10-802.2. Required components of a roofing material recycling facility.
§27A-2-10-802. Scales - Fees, reimbursement, exemptions - Expenditure of funds - Annual report.
§27A-2-10-805. Solid Waste Facility Emergency Closure Fund Special Account.
§27A-2-10-901. Powers and duties of cities and towns.
§27A-2-10-902. Sale or conveyance of property used as solid waste disposal site or landfill.
§27A-2-11-101. Recycling of waste - Studies.
§27A-2-11-102. Waste management public education program.
§27A-2-11-301. Short title - Application and construction.
§27A-2-11-302. Purpose of act.
§27A-2-11-304. Application for tax credit.
§27A-2-11-305. Certification of net investment expense - Allowance of tax credit.
§27A-2-11-306. Administration of act.
§27A-2-11-307. Rules and regulations.
§27A-2-11-401.2. Used tire recycling fee - Assessment - Remittance - Delinquencies - Penalties.
§27A-2-11-401.3. Used Tire Recycling Indemnity Fund.
§27A-2-11-401.4. Compensation to facilities - Allocation of Used Tire Recycling Indemnity Fund.
§27A-2-11-401. Oklahoma Used Tire Recycling Act.
§27A-2-11-502. Plastic bottles or containers - Definitions.
§27A-2-11-503. Plastic container labeling - Codes - Penalty.
§27A-2-11-504. Impermissible restrictions on auxiliary containers.
§27A-2-11-604. Collection and recovery services.
§27A-2-11-605. Manufacturer-Label required - Recovery plan.
§27A-2-11-606. Retailer-Sale requirements.
§27A-2-11-608. Liability for data on recovered devices.
§27A-2-11-609. Compliance with laws.
§27A-2-11-610. State agency purchases or leases - Rules - Financial or proprietary information.
§27A-2-11-611. Liability under other laws.
§27A-2-12-201. Promulgation of rules by Environmental Quality Board - Consistency with federal law.
§27A-2-12-301. Certification - Waiver - Renewal.
§27A-2-12-401. Education and public information program - Publication of informational pamphlet.
§27A-2-12-402. Renovation, demolition and remodeling - Guidelines.
§27A-2-12-501. Federal employment contingent upon federal funds.
§27A-2-14-201. Rules for implementation.
§27A-2-14-202. Department of Environmental Quality - Powers and duties.
§27A-2-14-301. Notice requirements.
§27A-2-14-302. Draft denial or draft permit - Notice requirements - Public review.
§27A-2-14-303. Public meeting - Procedure.
§27A-2-14-304. Issuance or denial of final permit - Administrative procedures.
§27A-2-14-305. General permits.
§27A-2-15-102. Purpose of act—Construction.
§27A-2-15-107. Land use disclosures - Filing - Violation of authorized uses.
§27A-2-15-108. Release of liability from administrative penalties or civil actions.
§27A-2-15-109. Reimbursement of costs.
§27A-2-16-104. Refinery Permitting Cooperative Agreement – Negotiations.
§27A-2-16-105. Executive Director and staff – Enumerated duties and activities – Director authority.
§27A-2-16-106. Coordinated state and federal authorization and review process.
§27A-2-16-107. Construction of act.
§27A-3-1-102. Legislative determination - Declaration of policy.
§27A-3-2-101. How constituted.
§27A-3-2-102. Perpetuation of soil and water conservation districts.
§27A-3-2-103. Executive Director, technical experts and employees - Office space.
§27A-3-2-103a. Temporary employees.
§27A-3-2-104. Chairman, quorum and expenses.
§27A-3-2-105. Bonds of employees and officers - Records - Annual audit.
§27A-3-2-106. Powers and duties of Commission.
§27A-3-2-106a. Conservation Commission Revolving Fund.
§27A-3-2-106b. Conservation Commission Tar Creek Mine Reclamation Revolving Fund.
§27A-3-2-107. Establishment and maintenance - Reports - List of permit approvals.
§27A-3-2-109. Concentrated Animal Feeding Operation Revolving Fund.
§27A-3-2-110. Oklahoma Conservation Commission Infrastructure Revolving Fund
§27A-3-3-101. Status and powers.
§27A-3-3-102. Board of directors - Officers - Filing notice of organization - Quorum - Voting.
§27A-3-3-104. Bonds - Records - Audits.
§27A-3-3-105. Powers and duties.
§27A-3-3-106. Authority to obtain loan or grant.
§27A-3-3-107. District as local agency.
§27A-3-3-109. Status of district's conservation plan.
§27A-3-3-111. Cooperation with districts.
§27A-3-3-112. Cooperation between districts.
§27A-3-3-114. Purpose - Rules - Definition.
§27A-3-3-115. Conservation Cost-Share Fund.
§27A-3-3-117. Financial or general obligation of state - Construction of act.
§27A-3-3-202. Advisory committees.
§27A-3-3-301. Date of election - Eligible voters.
§27A-3-3-302. Notice of filing period.
§27A-3-3-303. Filing period, notification and declaration of candidacy.
§27A-3-3-304. Election of directors.
§27A-3-3-402. Certificate of Secretary of State as evidence.
§27A-3-3-403. Filing, recording, certification - Fees and charges.
§27A-3-3-404. County funds may be appropriated.
§27A-3-3-407. Allocation of funds.
§27A-3-3-408. Requirements for funds to be expended.
§27A-3-3-409. Restriction on use of funds.
§27A-3-3-410. Payment of insurance premiums for employees.
§27A-3-3-411. "Operation and maintenance" or "operate and maintain" - Interpretation.
§27A-3-3-412. Operation and maintenance of structures for flood control.
§27A-3-3-413. Directors' participation in health or dental insurance plans.
§27A-3-3-414. Transfer of employee service time.
§27A-3-3-501. Creation of program - Purpose.
§27A-3-4-101. Short title – Legislative findings and intent.
§27A-3-4-102. Oklahoma Conservation Commission - Duties.
§27A-3-4-103. Acceptance of public and private funds.
§27A-3-4-104. Carbon Sequestration Assessment Cash Fund.
§27A-3-4-105. Carbon sequestration certification program - Applications - Fees.
§27A-3-4-106.1. Oklahoma State Facilities Energy Conservation Program.
§27A-3-5-101. Short title - Legislative findings and intent.
§27A-3-5-103. Agency jurisdiction.
§27A-3-5-105. Carbon dioxide property rights - Obligations relieved - Jurisdiction.
§27A-3-5-106. Construction of act.
§27A-3-7-101. Short title - Healthy Soil Program Act.
§27A-3-7-103. Healthy soil program.
§27A-3-7-104. Composition of program – Administration of program.
§27A-4-1-101. Short title - Purpose.
§27A-4-1-104. Liability for release of dangerous substance - Construction of act.
§27A-4-1-106. Prosecution of violations - Actions for injunctive relief - Jurisdiction - Penalties.
§27A-4-1-107. Board of Health - Authority to adopt rules and requirements.
§27A-4-2-104. Member agencies - Annual budgets.
§27A-4-2-105. Local emergency planning committees - Privileges and immunities.
§27A-1012. Legislative findings and declarations.
§27A-1014. Powers of CTT that makes election.
§27A-1016. Cessation of powers of CTT and Department.
§27A-1017. Construction of act - Effect on rights, powers, duties, etc. of CTT.
§27A-2002. Lead-acid battery retailers - Signs.
§27A-2003. Motor oil retailers - Signs.
§27A-2202. Legislative findings.
§27A-2204. Enforcement of reoccupation restrictions - Penalties - Injunction.
§27A-2207. Ottawa Reclamation Authority - Termination.
§27A-2250. Emergency Drought Relief Fund.