Okla. Stat. tit. 2, § 2-2A-6

compliance and conditions - Permits.

A. It shall be unlawful for any person regulated by the

Oklahoma Department of Agriculture, Food, and Forestry pursuant to

its environmental jurisdiction to discharge any pollutant into

waters of the state except in accordance with a permit from the

Director of the Agriculture Pollutant Discharge Elimination System.

B. Prior to issuing the pollutant discharge permits, the

Director shall prescribe schedules of compliance and conditions as

necessary that:

1. Prevent, control, or abate pollution, including 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 other

limitations as the Director may prescribe;

3. Require compliance with national standards of performance

and toxicity;

4. Set limitations or prohibitions designed to prohibit the

discharge 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 Agriculture

Pollutant Discharge Elimination System Act and the requirements of

the federal Clean Water Act.

Oklahoma Statutes - Title 2. Agriculture Page 74

C. The Director shall:

1. Have authority to issue individual permits and

authorizations under general permits for pollutants, storm water and

sludge as authorized by the Oklahoma Agriculture Pollutant Discharge

Elimination System Act;

2. Issue permits for fixed terms not to exceed five (5) years;

3. Have the authority to require conditions in permits issued

for facilities subject to the environmental jurisdiction of the

Department requiring the permittee to give notice to the Department

of:

a. new introductions into the treatment works of

pollutants at a regulated facility from any source

which would be a new source as defined in Section 306

of the federal Clean Water Act,

b. pollutants being introduced from a source which would

be a point source subject to Section 301 of the

federal Clean Water Act if it were discharging

directly to waters of the state,

c. a substantial change in volume or character of

pollutants being introduced into the treatment works

by a source introducing pollutants into the works at

the time of issuance of the permit, or

d. other conditions as may be required under the federal

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 federal Clean Water

Act and with other applicable federal law;

5. Have all necessary and incidental authority to comply with

the requirements of the federal Clean Water Act and requirements of

the United States Environmental Protection Agency set forth in duly

promulgated federal regulations adopted under the federal Clean

Water Act;

6. Have the authority to terminate or modify permits issued by

the Director for cause, including but not limited to:

a. violation of any condition of the permit, including

but not limited to conditions related to limits,

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 State Board

of Agriculture in duly promulgated rules;
ns,

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 State Board

of Agriculture in duly promulgated rules;

8. Have all necessary or incidental authority to investigate

and abate violations of permits issued by the Director, violations

Oklahoma Statutes - Title 2. Agriculture Page 75

of administrative orders, violations of duly promulgated rules, and

violations of the Oklahoma Agriculture Pollutant Discharge

Elimination System Act; and

9. 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.