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.
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:
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.
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.