Okla. Stat. tit. 27A, § 27A-2-10-802

Expenditure of funds - Annual report.

A. 1. Owners or operators of landfill disposal sites which are

not generator-owned and -operated nonhazardous industrial waste

monofills and owners or operators of commercial incinerators shall

install scales. Such scales shall be installed on or within five

(5) miles of the landfill disposal site or incinerator and shall be

tested and certified as required by Section 14-35 of Title 2 of the

Oklahoma Statutes relating to the authority of the State Board of

Agriculture to test the standards of weights and measures within the

state and to approve if found to be correct. For purposes of this

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section, any reference to "incinerator" or "incineration" shall

encompass waste-to-energy facilities that produce recoverable energy

by high-temperature combustion.

2. The owner or operator shall upon receipt weigh all waste

received and record the weight in writing. If scales at a disposal

site or incinerator are not operative, tonnage shall be estimated on

a volume basis whereby the volume reported shall be no less than the

volume capacity of the containers or, if none, of the vehicles

delivering the waste, and one cubic yard of solid waste shall be

calculated to weigh one-third (1/3) ton. The owner or operator

shall place notice in the operating record of the disposal site or

incinerator of the time and date at which the scales became

inoperable, describe the steps taken to repair them, and note the

date use was resumed. If daily use has not resumed within thirty

(30) days after the scales became inoperable, the owner or operator

shall give written notice to the Department of Environmental

Quality.

3. The owner or operator shall also maintain a written record

of the weight or volume of any solid waste received which is

productively reused or recovered in materially the same form as when

received and sold in accordance with the permit for the landfill

disposal site or incinerator.

4. The scale location restriction of this subsection shall not

apply to federal or state military installations so long as:

a. the scales are located within the physical boundary of

that installation, and

b. the disposal site or incinerator receives waste only

from that military installation.

B. 1. Except as otherwise provided by this subsection:

a. owners and operators of landfill disposal sites or

commercial incinerators which receive an average of

less than one hundred (100) tons of solid waste per

operating day shall assess a fee of One Dollar and

fifty cents ($1.50) per ton of solid waste received

for disposal or incineration. A total of fifty cents

($.50) per ton of such fee shall be retained by the

owner or operator and used exclusively for capital

improvement to their facilities and for the projects

required pursuant to the Oklahoma Solid Waste

Management Act or the permit for the disposal site or

incinerator for such period of time necessary to

recoup a capital investment, plus the interest costs

expended in purchasing the scales, of a total of Forty

Thousand Dollars ($40,000.00),

b. when the owner or operators have recouped a capital

investment of the total specified in subparagraph a of

this paragraph, the fee to be assessed shall be One

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Dollar and twenty-five cents ($1.25) per ton of solid

waste received for disposal or incineration. At such

time, for a return with remittance filed on or before

the due date, the owner or operator may deduct and

retain ten percent (10%) of the fees collected, and

c. records documenting the projects and use of the funds

shall be included with each return.

2. a. Owners and operators of landfill disposal sites or

commercial incinerators which receive an average of

more than one hundred (100) tons of solid waste per

operating day shall assess a fee of One Dollar and
the owner or operator may deduct and

retain ten percent (10%) of the fees collected, and

c. records documenting the projects and use of the funds

shall be included with each return.

2. a. Owners and operators of landfill disposal sites or

commercial incinerators which receive an average of

more than one hundred (100) tons of solid waste per

operating day shall assess a fee of One Dollar and

fifty cents ($1.50) per ton of solid waste received

for disposal or incineration, retaining twenty-five

cents ($0.25) per ton for a period of time necessary

to recoup a capital investment, plus the interest

costs expended in purchasing the scales, of Forty

Thousand Dollars ($40,000.00). At the end of such

period the fee shall revert to One Dollar and twenty-

five cents ($1.25) per ton. For a return with

remittance filed on or before the due date, the owner

or operator may deduct and retain ten percent (10%) of

the fees collected.

b. Records documenting the capital investment and the use

of the funds shall be included with each return.

3. Owners and operators of commercial composting facilities

shall assess a fee of One Dollar and twenty-five cents ($1.25) per

ton of all composting material received.

4. a. Owners and operators of landfill disposal sites or

commercial incinerators may be reimbursed for capital

investment costs that have been or will be expended

for the purchase and installation of a wheel wash

system for use at the landfill disposal site or

commercial incinerator facility. To be eligible to

claim this reimbursement, the owner or operator must

notify the Department no later than January 1, 2011,

of the intent to claim the reimbursement, and the

wheel wash system must be in place and operational no

later than January 1, 2012. Reimbursement shall be

paid only after the wheel wash system is installed and

operational and each landfill disposal site or

commercial incinerator shall be eligible for

reimbursement for only one wheel wash system.

b. The owner or operator shall provide records

documenting the capital investment costs of the wheel

wash system to the Department.

c. At such time as the wheel wash system is in place and

operational and the capital investment costs have been

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approved by the Department, the Department shall

reimburse the owner or operator the approved costs,

subject to the limitations in subparagraph d of this

paragraph. The Department shall reimburse eligible

applicants in the order of approval until that

limitation has been reached. If there are multiple

eligible applicants awaiting reimbursement, the

Department shall apportion the reimbursement amount

among the eligible applicants according to the capital

investment costs approved by the Department.

d. If the total amount reimbursed to all eligible owners

and operators reaches Fifty Thousand Dollars

($50,000.00) within any state fiscal year, the

Department shall notify the owners and operators, and

thereafter the owners and operators shall not receive

any reimbursement until the next state fiscal year.

e. The Environmental Quality Board is authorized to

promulgate rules as necessary to implement the

provisions of the Solid Waste Management Act,

including rules specifying minimum standards or other

criteria for wheel wash systems necessary to qualify

for the reimbursement.

5. The fee assessed by paragraph 1 or 2 of this subsection

shall not be imposed on:

a. the solid waste received which is productively reused

or recovered in materially the same form as when

received in accordance with the permit for the

landfill disposal site or incinerator. The owner or

operator shall include records pertaining to this fee

exemption in the quarterly return of fees to the

Department,

b. generator-owned and -operated nonhazardous waste land

disposal monofills and waste subject to a fee pursuant
oductively reused

or recovered in materially the same form as when

received in accordance with the permit for the

landfill disposal site or incinerator. The owner or

operator shall include records pertaining to this fee

exemption in the quarterly return of fees to the

Department,

b. generator-owned and -operated nonhazardous waste land

disposal monofills and waste subject to a fee pursuant

to Section 2-10-803 of this title. For emergencies

and other special events, the Department and the owner

or operator of a site subject to this section may

enter into a formal agreement to waive the fee, and

c. ash produced as a result of the combustion in a

commercial incinerator of waste on which the fee

imposed by this section has been paid.

6. Large industrial waste generators who generate over ten

thousand (10,000) tons of nonhazardous industrial solid waste in the

state in a calendar year may annually apply to the Department for a

certificate exempting the disposal or incineration of such generated

waste in excess of ten thousand (10,000) tons from the disposal and

incineration fee authorized by this section. An applicant must have

implemented a pollution prevention plan for such waste and filed it

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with the Department, provided operational documentation regarding

such plan and paid the disposal and incineration fee on ten thousand

(10,000) tons of the waste during the calendar year of application.

The Department-issued exemption certificates shall be valid for the

remainder of the calendar year of application, may contain

conditions, and, upon presentation by authorized persons, shall be

recognized by owners or operators of landfill disposal sites and

incinerators subject to this section. If a generator operates a

landfill or incinerator solely for waste from that generator, and if

that generator chooses to seek the exemption authorized by this

paragraph, the generator shall not be required to install scales or

keep records relative to quantity of waste received for the landfill

or incinerator.

7. The fee assessed by paragraph 1 or 2 of this subsection

shall be imposed for all nonhazardous solid wastes accepted for

disposal at a site or facility to which a solid waste or hazardous

waste permit has been issued by the Department of Environmental

Quality, and is to be a charge to waste producers in addition to any

charges specified in any contract or elsewhere. The fee shall be

imposed upon and passed through to disposers of waste using the

facility.

8. The owner or operator of a solid waste disposal site or

incinerator and the owner or operator of a commercial composting

facility shall collect the fee levied pursuant to this subsection as

trustee for the state and shall prepare and file with the Department

quarterly returns indicating:

a. the total tonnage of solid wastes or material for

composting received for disposal, incineration or

composting at the gate of the site, and

b. the total amount of the fees collected pursuant to

this section.

9. Not later than thirty (30) days after the end of the quarter

to which such a return applies, the owner or operator shall mail to

the Department the return for that quarter together with the fees

collected during that quarter as indicated on the return.

10. The owner or operator may receive an extension of not more

than thirty (30) days for filing the return and remitting the fees,

provided that:

a. the owner or operator has submitted a request for an

extension in writing to the Department together with a

detailed description of why the extension is

requested,

b. the Department has received the request not later than

the day on which the return is required to be filed,

and

c. the Department has approved the request.

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11. For any quarterly return filed more than thirty (30) days
writing to the Department together with a

detailed description of why the extension is

requested,

b. the Department has received the request not later than

the day on which the return is required to be filed,

and

c. the Department has approved the request.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 256

11. For any quarterly return filed more than thirty (30) days

after the last day of the quarter or extension date, the owner or

operator shall remit an additional five percent (5%) of the fees

collected during the month to which the return applies. If the fees

are not remitted within sixty (60) days of the last day of the

quarter during which they were collected, the owner or operator

shall pay an additional fifteen percent (15%) of the amount of the

fees for each month that they are late.

12. If the owner or operator misrepresents, or fails to

properly measure or record, the amount of waste received or fails to

remit fees within sixty (60) days after the last day of the quarter

during which they were collected, the permit for the landfill

disposal site, incinerator or commercial composting facility shall

be summarily suspended by order and the Department shall initiate

the process of revoking the permit and may require closure of the

landfill, incinerator or commercial composting facility.

C. 1. The Department shall expend funds collected pursuant to

the provisions of this section solely for the administration and

enforcement of the provisions of the Oklahoma Solid Waste Management

Act and for the development of solid waste technical assistance

programs, solid waste public environmental education programs and

educational curricula, solid waste studies, development of a

statewide solid waste plan, solid waste recycling and litter

prevention programs, and other environmental improvements.

2. In order to assist the Department of Environmental Quality

regarding its responsibilities relating to the promotion of

recycling of solid waste, each fiscal year the Department shall

contract with units of local government, political subdivisions of

this state, components of The Oklahoma State System of Higher

Education, local and statewide organizations representing

municipalities or counties, or substate planning districts

recognized by the Oklahoma Department of Commerce, for up to a total

of One Hundred Thousand Dollars ($100,000.00) and to the extent such

monies are available for projects promoting the recycling of solid

waste. Local governments, political subdivisions of this state,

components of The Oklahoma State System of Higher Education, local

and statewide organizations representing municipalities and counties

and substate planning districts recognized by the Oklahoma

Department of Commerce desiring to contract with the Department for

such projects shall meet the application requirements of rules

promulgated by the Environmental Quality Board and the criteria

established by a recycling priorities plan prepared annually by the

Department after review and comment by the Solid Waste Management

Advisory Council. Except as otherwise provided by this section,

contracts for such projects shall not be granted to state agencies.

3. Any litter prevention program shall be developed by the

Department in conjunction with the Department of Transportation.

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4. a. To the extent that funds are available, the Department

may also reimburse any governmental entity for

equipment other than motor vehicles or buildings to

separate, process, modify, convert or treat solid

waste or recovered materials so that the resulting

product is being used in a productive manner.

b. The reimbursements shall be from solid waste fee funds

and shall not exceed twenty-five percent (25%) of the

person's total project costs. No reimbursement may be

larger than Twenty Thousand Dollars ($20,000.00).
motor vehicles or buildings to

separate, process, modify, convert or treat solid

waste or recovered materials so that the resulting

product is being used in a productive manner.

b. The reimbursements shall be from solid waste fee funds

and shall not exceed twenty-five percent (25%) of the

person's total project costs. No reimbursement may be

larger than Twenty Thousand Dollars ($20,000.00).

c. Reimbursements must be expended in accordance with

rules promulgated by the Environmental Quality Board

and criteria established through the Department's

annual recycling priorities plan. The Department

shall not expend more than Two Hundred Thousand

Dollars ($200,000.00) in each fiscal year for such

reimbursements, nor shall the Department reimburse

used tire recycling facilities that may be eligible

for compensation from the Used Tire Recycling

Indemnity Fund.

5. a. The Department, in conjunction with the Corporation

Commission, the Oklahoma Energy Resources Board and

the Oklahoma Conservation Commission, may develop a

plan to use suitable portions of the solid waste

stream to reclaim Oklahoma lands damaged by oil and

gas exploration and production or by mining

activities.

b. To the extent that funds are available, the Department

may use up to ten percent (10%) of the annual income

from the fees received pursuant to the provisions of

this section to implement the plan. The Department

may use its discretion in administering the funds for

the purpose of this paragraph, but shall keep records

subject to audit by the State Auditor and Inspector

for good business practices.

6. a. To the extent that funds are available, after having

reasonably met other specified uses of the solid waste

fund, the Department is authorized to expend up to

five percent (5%) of the total annual solid waste fee

income for the purpose of making incentive payments to

any person, firm or corporation located in this state

generating energy by utilizing solid waste landfill

methane or steam produced by a commercial incinerator.

b. The Environmental Quality Board shall promulgate rules

to administer the provisions of this paragraph.

c. No person, firm or corporation shall be eligible to

receive incentive payments as provided in subparagraph

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a of this paragraph for more than three (3) years.

The amount of such payments shall be determined by the

Department based on the amount of energy generated and

the cost of production.

D. The provisions of this section shall not apply to landfill

disposal sites that receive only ash generated by the burning of

coal.

E. On or before September 1 of each year, the Department of

Environmental Quality shall prepare a report of income and

expenditures for the period of each fiscal year in which solid waste

fee monies authorized by this section were received and such report

shall be distributed to members of the Solid Waste Management

Advisory Council for review. By November 1 of each year, the

Council shall submit to the Executive Director, Governor, Speaker of

the House of Representatives and President Pro Tempore of the Senate

its written comments on the comparison of income with program

expenditures.