Okla. Stat. tit. 27A, § 27A-2-10-302
This is the official text of Okla. Stat. tit. 27A, § 27A-2-10-302, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Disclosure statement upon application - Revocation,
Official statutory text
or refusal to issue, amend, modify, renew or transfer permit -
Failure to disclose or stating false information - Penalty.
A. 1. Except as provided in paragraph 2 of this subsection,
all applicants for the issuance or transfer of any solid waste
permit, license, certification or operational authority shall file a
disclosure statement with their applications.
2. If the applicant is a publicly held company required to file
periodic reports under the Securities and Exchange Act of 1934, or a
wholly owned subsidiary of a publicly held company, the applicant
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 237
shall not be required to submit a disclosure statement, but shall
submit the most recent annual and quarterly reports required by the
Securities and Exchange Commission, which provide information
regarding legal proceedings in which the applicant has been
involved. The applicant shall submit such other information as the
Department of Environmental Quality may require pursuant to this
section that relates to the competency, reliability, or
responsibility of the applicant and affiliated persons.
B. The Department is authorized to revoke or to refuse to
issue, amend, modify, renew or transfer a permit for the disposal of
solid waste from or to any person or an affiliated person who:
1. Is not, due solely to the applicant's actions or inactions,
in substantial compliance with any final agency order or final order
or judgment of a court of record secured by the Department issued
pursuant to the provisions of the Oklahoma Solid Waste Management
Act; or
2. Is not in substantial compliance with any final agency order
or final order or judgment of a court of record secured by any state
or federal agency, as determined by that agency, relating to the
storage, transfer, transportation, treatment or disposal of any
solid waste; or
3. Has evidenced a history of a reckless disregard for the
protection of the public health and safety or the environment
through a history of noncompliance with state or federal
environmental laws, including without limitation the rules of the
Department, regarding the storage, transfer, transportation,
treatment or disposal of any solid or hazardous waste.
C. The application shall be signed under oath by the applicant.
D. The Department may suspend or revoke a permit issued
pursuant to the Oklahoma Solid Waste Management Act to any person
who has failed to disclose or states falsely any information
required pursuant to the provisions of this section.
E. Any person who willfully fails to disclose or states falsely
any such information, upon conviction, shall be guilty of a Class D1
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or a fine of not more than One Hundred Thousand
Dollars ($100,000.00), or both such fine and imprisonment.
F. Noncompliance with a final agency order or final order or
judgment of a court of record which has been set aside by a court on
appeal of such final order or judgment shall not be considered a
final order or judgment for the purposes of this section.
Failure to disclose or stating false information - Penalty.
A. 1. Except as provided in paragraph 2 of this subsection,
all applicants for the issuance or transfer of any solid waste
permit, license, certification or operational authority shall file a
disclosure statement with their applications.
2. If the applicant is a publicly held company required to file
periodic reports under the Securities and Exchange Act of 1934, or a
wholly owned subsidiary of a publicly held company, the applicant
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 237
shall not be required to submit a disclosure statement, but shall
submit the most recent annual and quarterly reports required by the
Securities and Exchange Commission, which provide information
regarding legal proceedings in which the applicant has been
involved. The applicant shall submit such other information as the
Department of Environmental Quality may require pursuant to this
section that relates to the competency, reliability, or
responsibility of the applicant and affiliated persons.
B. The Department is authorized to revoke or to refuse to
issue, amend, modify, renew or transfer a permit for the disposal of
solid waste from or to any person or an affiliated person who:
1. Is not, due solely to the applicant's actions or inactions,
in substantial compliance with any final agency order or final order
or judgment of a court of record secured by the Department issued
pursuant to the provisions of the Oklahoma Solid Waste Management
Act; or
2. Is not in substantial compliance with any final agency order
or final order or judgment of a court of record secured by any state
or federal agency, as determined by that agency, relating to the
storage, transfer, transportation, treatment or disposal of any
solid waste; or
3. Has evidenced a history of a reckless disregard for the
protection of the public health and safety or the environment
through a history of noncompliance with state or federal
environmental laws, including without limitation the rules of the
Department, regarding the storage, transfer, transportation,
treatment or disposal of any solid or hazardous waste.
C. The application shall be signed under oath by the applicant.
D. The Department may suspend or revoke a permit issued
pursuant to the Oklahoma Solid Waste Management Act to any person
who has failed to disclose or states falsely any information
required pursuant to the provisions of this section.
E. Any person who willfully fails to disclose or states falsely
any such information, upon conviction, shall be guilty of a Class D1
felony offense and shall be punished by imprisonment as provided for
in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or a fine of not more than One Hundred Thousand
Dollars ($100,000.00), or both such fine and imprisonment.
F. Noncompliance with a final agency order or final order or
judgment of a court of record which has been set aside by a court on
appeal of such final order or judgment shall not be considered a
final order or judgment for the purposes of this section.
Status: in_force · Read it on the official government site
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