Okla. Stat. tit. 27A, § 27A-2-6-203

A. The Board shall have the power and duty to promulgate rules

implementing or effectuating the Oklahoma Pollutant Discharge

Elimination System Act. Such rules may incorporate by reference any

applicable rules, regulations and policies of the United States

Environmental Protection Agency adopted under the Clean Water Act.

Any such rules shall be in reasonable accord with the United States

Environmental Protection Agency regulations and policies, including

but not limited to rules which:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 133

1. Allow the inclusion of technology-based effluent limitations

and require water-quality-related effluent limitations in discharge

permits to the extent necessary to protect the designated and

existing beneficial uses of the waters of the state and to comply

with the requirements of the Clean Water Act;

2. Establish pretreatment standards and standards for the

removal of toxic materials and pollutants from effluent discharges

and establish procedures and programs necessary to implement and

enforce such standards and ensure compliance with applicable federal

regulations;

3. Apply applicable national standards of performance

promulgated pursuant to Section 306 of the Clean Water Act in

establishing terms and conditions of Executive Director issued

permits;

4. Prohibit or control the discharge of pollutants into wells

within the jurisdiction of the Department of Environmental Quality;

5. Develop or assist in development of any effluent limitation

or other limitation, prohibition, or effluent regulation;

6. Establish procedures, including, but not limited to, notice

and opportunity for public hearing, which provide that whenever the

owner or operator of any point source discharge can demonstrate to

the satisfaction of the Executive Director that any effluent

limitation proposed for the control of the thermal component of any

discharge from such source will require effluent limitations more

stringent than necessary to assure the protection and propagation of

a balanced, indigenous population of shellfish, fish and wildlife in

and on the body of water into which the discharge is to be made, the

Executive Director may impose an effluent limitation for such

discharge, taking into account the interaction of such thermal

component with other pollutants, that will assure the protection and

propagation of a balanced, indigenous population of shellfish, fish

and wildlife in and on that body of water;

7. Ensure that the public and any other state, the waters of

which may be affected, receive notice of each application for a

discharge permit;

8. Ensure that any other state, the waters of which may be

affected by the activities allowed by a proposed permit, may submit

written recommendations on the application to the Department. The

rules shall provide that if such recommendations or any parts

thereof are not adopted, the Department will notify the affected

state in writing and shall provide the reasons therefor;

9. Establish a fee schedule to implement the provisions of the

Oklahoma Pollutant Discharge Elimination System Act; and

10. Establish management standards for sludge which are no less

stringent than applicable federal regulations and establish

procedures and requirements necessary to ensure compliance with

applicable federal laws.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 134

B. The Department shall have authority to:

1. Require the owner or operator of any system for the

treatment, storage, discharge or transport of pollutants to

establish, maintain and submit plans, specifications, records, and

other data relative to disposal systems or any part thereof, in

connection with the issuance of discharge permits or in connection

with any permit, purposes or requirements of the Oklahoma Pollutant

Discharge Elimination System Act, to make reports, to install,
r the

treatment, storage, discharge or transport of pollutants to

establish, maintain and submit plans, specifications, records, and

other data relative to disposal systems or any part thereof, in

connection with the issuance of discharge permits or in connection

with any permit, purposes or requirements of the Oklahoma Pollutant

Discharge Elimination System Act, to make reports, to install,

calibrate, use and maintain monitoring equipment or methods

including biological monitoring methods, take samples of effluents

in such manner as may be prescribed, and provide such other

information as may be reasonably required;

2. Take all actions which may be necessary or incidental to

implement and maintain a pollutant discharge permit program and

sludge program, including the authority to assume and obtain

authorization to implement and maintain a portion of the National

Pollutant Discharge Elimination System state permit program and a

state sludge program pursuant to Section 402 and other provisions of

the Clean Water Act and other applicable federal law. The Executive

Director shall issue permits for the discharge of pollutants and

storm water from facilities and activities within its areas of

environmental jurisdiction specified in Section 1-3-101 of this

title;

3. Take necessary and appropriate actions to revoke and

reissue, modify, suspend, or otherwise administer and enforce

discharge permits and sludge permits issued by the United States

Environmental Protection Agency which are transferred to the

Department upon federal authorization of the Department's program;

and

4. Exercise all necessary incidental powers which are necessary

and proper to carry out the purposes of the Oklahoma Pollutant

Discharge Elimination System Act and to comply with the requirements

of the Clean Water Act and the requirements of the United States

Environmental Protection Agency regulations promulgated thereunder.