Okla. Stat. tit. 27A, § 27A-2-6-204

discharge permits, conditions - Availability of records, reports or

other information.

A. Pollutant discharge permits issued by the Executive Director

may include schedules of compliance and such conditions as the

Executive Director may prescribe which:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 135

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

limitations as the Executive Director may prescribe;

3. Require compliance with national standards of performance,

toxic and pretreatment effluent standards;

4. Set limitations or prohibitions designed to prohibit the

discharge of toxic pollutants in toxic amounts or to require

pretreatment 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 Pollutant

Discharge Elimination System Act and the requirements of the Clean

Water Act.

B. The Executive Director shall:

1. Have authority to issue individual permits and

authorizations under general discharge permits for pollutants and

stormwater and sludge as authorized by the Oklahoma Pollutant

Discharge Elimination System Act;

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

3. Have the authority to require in permits issued to publicly

or privately owned treatment works conditions requiring the

permittee to give notice to the Department of new introductions into

such works of pollutants from any source which would be a new source

as defined in Section 306 of the Clean Water Act or from a source

which would be a point source subject to Section 301 of the Clean

Water Act if it were discharging directly to waters of the state, a

substantial change in volume or character of pollutants being

introduced into such works by a source introducing pollutants into

such works at the time of issuance of the permit, or such other

conditions as may be required under the 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 Clean Water Act and

with other applicable federal law;

5. Have all necessary and incidental authority to comply with

the requirements of the Clean Water Act and requirements of the

United States Environmental Protection Agency set forth in duly

promulgated federal regulations adopted under the Clean Water Act;

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

the Executive Director for cause, including but not limited to:

a. violation of any condition of the permit, including

but not limited to conditions related to 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

Environmental Quality Board in duly promulgated rules, including but

not limited to the authority to implement and enforce a statewide

pretreatment program required under federal law and regulations and

to implement and enforce requirements applicable to dischargers into
ischarge;

7. Have all necessary authority to implement and enforce

Department programs and requirements established by the

Environmental Quality Board in duly promulgated rules, including but

not limited to the authority to implement and enforce a statewide

pretreatment program required under federal law and regulations and

to implement and enforce requirements applicable to dischargers into

municipal separate storm sewer systems;

8. Have all necessary or incidental authority to investigate

and abate violations of permits issued by the Executive Director,

violations of administrative orders, violations of duly promulgated

rules, and violations of the Oklahoma Pollutant Discharge

Elimination System Act, and shall 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; and

9. Have authority to require permits for indirect discharges or

other introductions of pollutants to publicly owned treatment works,

impose pretreatment standards and other requirements upon users of

such treatment works, and to enforce such permits and requirements

pursuant to Section 2-6-206 of this title.

C. Authorized employees or representatives of the Department

shall, upon presentation of credentials, have:

1. A right of entry to, upon, or through any private or public

premises upon which an effluent or sludge source is or may be

located or in which any records are required to be maintained;

2. Access to at any reasonable time for the purposes of

reviewing and copying any records required to be maintained;

3. Authority to inspect any monitoring equipment, methods,

disposal systems or other facilities or equipment which may be

required; and

4. Access for the purpose of inspecting and sampling any

effluent streams or any discharge of pollutants to waters of the

state or to treatment systems discharging into waters of the state

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or for inspection and sampling of any sludge source, storage,

beneficial use, reuse or disposal site.

D. The Executive Director shall not issue a discharge permit if

the permit:

1. Would authorize the discharge of a radiological, chemical or

biological warfare agent, or high-level radioactive waste;

2. Would, in the judgment of the Secretary of the Army acting

through the Chief of Engineers, result in the substantial impairment

of anchorage and navigation of any waters of the United States as

those waters are defined in the Clean Water Act;

3. Is objected to in writing by the Administrator of the United

States Environmental Protection Agency or his designee, pursuant to

any right to object which is granted to the Administrator under

Section 402(d) of the Clean Water Act; or

4. Would authorize a discharge from a point source which is in

conflict with a plan approved under Section 208(b) of the Clean

Water Act.

E. Copies of records, plans, reports or other information

required by the Department shall be submitted upon request and shall

be subject to and made available for inspection at reasonable times

to any authorized representative of the Department of Environmental

Quality upon showing of proper credentials. Any authorized

representative of the Department may examine any records or

memoranda pertaining to discharges, treatment, or other limitations

set by permit, order or duly promulgated rules of the Board.

F. Any records, reports, or information obtained pursuant to

this section shall be available to the public, except that upon

submission of sufficient evidence showing that records, reports, or

information, or particular parts thereof, other than effluent data,
s or

memoranda pertaining to discharges, treatment, or other limitations

set by permit, order or duly promulgated rules of the Board.

F. Any records, reports, or information obtained pursuant to

this section shall be available to the public, except that upon

submission of sufficient evidence showing that records, reports, or

information, or particular parts thereof, other than effluent data,

if made public would divulge methods or processes entitled to

protection as trade secrets of such person, such record, report, or

information, or particular portion thereof shall be considered

confidential in accordance with the purposes of the Uniform Trade

Secrets Act. Nothing in this subsection shall prohibit the

Department or an authorized representative of the Department,

including, but not limited to, any authorized contractor, from

disclosing records, reports, or information to other officers,

employees, or authorized representatives of the State of Oklahoma or

the United States concerned with carrying out provisions of state or

federal law under their respective jurisdictions or within their

respective authorities.

G. The Executive Director and any person designated by him to

approve all or portions of permits, or to modify, revoke or reissue

permits or to make any final decisions in the first instance or on

appeal relating to permits or enforcement actions related thereto,

shall be required to meet all requirements of Section 304 of the

Clean Water Act and federal regulations promulgated thereunder.

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