Okla. Stat. tit. 27A, § 27A-2-7-103

As used in the Oklahoma Hazardous Waste Management Act:

1. "Affected property owners" means all real property owners

within one (1) mile of the outer perimeter of a proposed hazardous

waste site;

2. "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as a general or

key manager who directs the operations of the site or

facility which is the subject of the application, and

c. any person owning or controlling more than five

percent (5%) of the applicant's debt or equity;

3. "Council" means the Hazardous Waste Management Advisory

Council;

4. "Demonstrated pattern of prohibited conduct" means a series

of conduct of the same or like character in violation of state or

federal environmental laws which, as a result of the applicant's or

affiliated person's reckless disregard thereof, actually endangers,

or reasonably has the potential to endanger, human health or the

environment;

5. "Disclosure statement" means a written statement by the

applicant which contains:

a. the full name, business address, and social security

number of the applicant, and all affiliated persons,

b. the full name and address of any legal entity in which

the applicant holds a debt or equity interest of at

least five percent (5%), or which is a parent company

or subsidiary of the applicant, and a description of

the on-going organizational relationships as they may

impact operations within the state,

c. a description of the experience and credentials of the

applicant, including any past or present permits,

licenses, certifications, or operational

authorizations relating to environmental facility

regulation,

d. a listing and explanation of any administrative, civil

or criminal legal actions against the applicant or any

affiliated person which resulted in a final agency

order or final judgment by a court of record

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 164

including, but not limited to, final orders or

judgments on appeal in the ten (10) years immediately

preceding the filing of the application relating to

the generation, transportation, storage, treatment,

recycling or disposal of "hazardous waste" as defined

by the Oklahoma Hazardous Waste Management Act or by

the United States Environmental Protection Agency

pursuant to the Federal Resource Conservation and

Recovery Act. Such actions shall include, without

limitation, any permit denial or any sanction imposed

by a state regulatory authority or the United States

Environmental Protection Agency, and

e. a listing of any federal environmental agency and any

state environmental agency outside this state that has

or has had regulatory responsibility over the

applicant;

6. "Disposal" means the final disposition of hazardous waste;

7. "Disposal site" means the location where any final

disposition of hazardous waste occurs. Disposal sites include but

are not limited to injection wells and surface disposal sites;

8. "Guarantor" means any person other than the owner or

operator, who provides evidence of financial responsibility for an

owner or operator pursuant to the Oklahoma Hazardous Waste

Management Act;

9. "Hazardous waste" means waste materials and byproducts,

either solid or liquid or containerized gas, which are:

a. to be discarded by the generator or recycled,

b. toxic to human, animal, aquatic or plant life, and

c. generated in such quantity that they cannot be safely

disposed of in properly operated, state-approved solid

waste landfills or waste, sewage or wastewater

treatment facilities.

The term "hazardous waste" may include but is not limited to

explosives, flammable liquids, spent acids, caustic solutions,

poisons, containerized gases, sludges, tank bottoms containing heavy

metallic ions, toxic organic chemicals, and materials such as paper,

metal, cloth or wood which are contaminated with hazardous waste.
ste landfills or waste, sewage or wastewater

treatment facilities.

The term "hazardous waste" may include but is not limited to

explosives, flammable liquids, spent acids, caustic solutions,

poisons, containerized gases, sludges, tank bottoms containing heavy

metallic ions, toxic organic chemicals, and materials such as paper,

metal, cloth or wood which are contaminated with hazardous waste.

The term "hazardous waste" shall not include domestic sewage;

10. "Hazardous waste facility" means and includes storage and

treatment facilities and disposal sites;

11. "History of noncompliance" means any past operations by an

applicant or affiliated persons which clearly indicate a reckless

disregard for environmental regulation or demonstrate a pattern of

prohibited conduct which could reasonably be expected to result in

endangerment to human health or the environment if a permit were

issued, as evidenced by findings, conclusions and rulings of any

final agency order or final order or judgment of a court of record;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 165

12. "Multi-user on-site treatment facility" means a treatment

facility for hazardous waste generated by the co-owners of the

facility and which meets the criteria specified by the Oklahoma

Hazardous Waste Management Act;

13. "Off-site treatment, storage, recycling or disposal" means

the treatment, storage, recycling or disposal at a hazardous waste

facility of hazardous waste not generated by the owner of the

facility;

14. "On-site treatment, storage, recycling or disposal" means

the treatment, storage, recycling or disposal at a hazardous waste

facility of hazardous waste generated by the owner of the facility;

15. "Person" means any individual, corporation, industry, firm,

partnership, association, venture, trust, institution, federal,

state or local governmental instrumentality, agency or body or any

other legal entity however organized;

16. "Recycling" means the reuse, processing, treating,

neutralizing or rerefining of hazardous waste into a product which

is being reused or which has been sold for beneficial use.

Hazardous waste which is intended for fuel is not deemed to be

recycled until it is actually burned;

17. "Regeneration" or "regenerated" means the regeneration of

spent activated carbon to render it reusable, and any treatment,

storage or disposal associated therewith;

18. "Site" or "proposed site" means the surface area of a

disposal site, or other hazardous waste facility, as applied for in

the application for a permit for the facility;

19. "Storage facility" means any location where the temporary

holding of hazardous waste occurs, including any tank, pit, lagoon,

pond, or other specific place or area;

20. "Treatment" means the detoxification, neutralization,

incineration or biodegradation of hazardous waste in order to remove

or reduce its harmful properties or characteristics; and

21. "Treatment facility" means any location where treating or

recycling of hazardous waste occurs.