Okla. Stat. tit. 27A, § 27A-2-10-801

Exemptions - Waivers - Filing of disposal plans - Penalties.

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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 250

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 Class

D1 felony offense punishable by a fine of not more than Ten Thousand

Dollars ($10,000.00), or imprisonment as provided for in subsections

B through F of Section 20N of Title 21 of the Oklahoma Statutes, or

both such fine and imprisonment.