Okla. Stat. tit. 27A, § 27A-2-7-105
This is the official text of Okla. Stat. tit. 27A, § 27A-2-7-105, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Powers and duties of Department of Environmental
Official statutory text
Quality.
The Department of Environmental Quality shall have the power and
duty to:
1. Issue permits for the construction and operation and for the
post-closure, maintenance and monitoring of hazardous waste
facilities;
2. Provide the owner or operator of a hazardous waste facility
a list of all materials which the Department deems acceptable for
treatment, recycling, storage, and disposal at the facility;
3. Make periodic inspections of hazardous waste facilities and
recycling, transporting, and generating facilities to determine the
extent of compliance with the Oklahoma Hazardous Waste Management
Act and rules promulgated thereunder, and orders, permits and
licenses issued pursuant thereto;
4. Develop, maintain, and monitor public records of the source
and amount of hazardous waste generated in Oklahoma and the methods
used to dispose of, recycle, or treat said waste or material;
5. Require and prescribe manifest forms to all persons
generating and transporting hazardous waste off-site for storage,
recycling, treatment, or disposal;
6. Require periodic reports or manifest certifications
regarding such programs and efforts to reduce the volume or quantity
and toxicity of such hazardous waste as may be required by or
pursuant to authority of the Oklahoma Hazardous Waste Management
Act;
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 167
7. Require reports from all operators of hazardous waste
facilities who receive hazardous waste for treatment or storage or
disposal, listing the amount, transporter, and generator of all
hazardous waste received. Such reports are to be made on at least a
monthly or quarterly basis, as designated by the Department;
8. Approve or disapprove methods of disposal of hazardous
waste, and may prohibit certain specific disposal practices
including, but not limited to, any type of land disposal of any form
of such waste. Land disposal includes, but is not limited to,
landfills, surface impoundments, waste piles, deep injection wells,
land treatment facilities, salt dome and bed formations and
underground mines or caves;
9. Inform persons generating hazardous waste of available,
alternative methods of disposal of such waste;
10. Develop a system to provide information on recyclable
wastes to potential users of such materials. Such information shall
not include any information which the Department deems confidential
or private in nature;
11. Cooperate and share information with the U.S. Environmental
Protection Agency;
12. Prepare an emergency response plan for spills of hazardous
waste and for spills of hazardous materials;
13. Make information obtained by the Department regarding
hazardous waste facilities and sites available to the public in
substantially the same manner, and to the same degree, as would be
the case if the hazardous waste program in this state were being
carried out by the U.S. Environmental Protection Agency;
14. Develop rules with respect to any existing surface
impoundment or landfill or class of surface impoundments or
landfills from which the Department determines hazardous waste may
migrate into groundwater, impose such requirements, including but
not limited to double liners and leachate detection and collection
systems, as may be necessary to protect human health and the
environment;
15. Prohibit or restrict the use of any specific disposal
methods or practices for specific hazardous waste material,
substances or classes, as may be necessary to protect human health
and the environment;
16. Identify areas within the state which are unsuitable for
specific hazardous waste disposal methods, and deny permits for such
disposal methods in such areas;
17. Issue a one-year research development and demonstration
permit for any treatment facility which proposes an innovative and
experimental hazardous waste treatment technology or process not yet
t human health
and the environment;
16. Identify areas within the state which are unsuitable for
specific hazardous waste disposal methods, and deny permits for such
disposal methods in such areas;
17. Issue a one-year research development and demonstration
permit for any treatment facility which proposes an innovative and
experimental hazardous waste treatment technology or process not yet
regulated. Permits may be renewed no more than three times. No
renewal may exceed one (1) year;
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 168
18. Waive or modify general permit application and issuance
requirements for research and development permits, except for
financial responsibility and public participation requirements;
19. Terminate experimental activity if necessary to protect
human health and the environment;
20. Require oil recycling facilities using hazardous waste to
have a hazardous waste facility permit;
21. Issue permits containing any conditions necessary to
protect human health and the environment;
22. Issue permits for the storage of hazardous waste in
underground tanks;
23. Require groundwater monitoring for any landfill, surface
impoundment, land treatment site or pile;
24. Determine and enforce penalties for violations of the
Oklahoma Hazardous Waste Management Act and rules promulgated
thereunder;
25. Evaluate the benefit of rules governing labeling practices
for any containers used for the disposal, storage, or transportation
of hazardous waste which accurately identify such waste, and govern
the use of appropriate containers for such waste not otherwise
regulated by the federal government;
26. Monitor research and development regarding methods of the
handling, storage, use, processing, and disposal of hazardous waste;
27. Cooperate with existing technical reference centers on
hazardous waste disposal, recycling practices, and related
information for public and private use;
28. Monitor research in the technical and managerial aspects of
management and use of hazardous waste and recycling and recovery of
resources from hazardous wastes;
29. Determine existing rates of production of hazardous waste;
30. Promote recycling and recovery of resources from hazardous
wastes;
31. Encourage the reduction or exchange, or both, of hazardous
waste; and
32. Cooperate with an existing information clearinghouse, to
develop records of recyclable waste. Every generator of hazardous
waste shall supply the Department with information for the
clearinghouse. Each generator shall not be required to supply any
more information than is required by the manifests. The Department
shall make this information available to persons who desire to
recycle the wastes. The information shall be made available in such
a way that the trade secrets of the producer are protected.
The Department of Environmental Quality shall have the power and
duty to:
1. Issue permits for the construction and operation and for the
post-closure, maintenance and monitoring of hazardous waste
facilities;
2. Provide the owner or operator of a hazardous waste facility
a list of all materials which the Department deems acceptable for
treatment, recycling, storage, and disposal at the facility;
3. Make periodic inspections of hazardous waste facilities and
recycling, transporting, and generating facilities to determine the
extent of compliance with the Oklahoma Hazardous Waste Management
Act and rules promulgated thereunder, and orders, permits and
licenses issued pursuant thereto;
4. Develop, maintain, and monitor public records of the source
and amount of hazardous waste generated in Oklahoma and the methods
used to dispose of, recycle, or treat said waste or material;
5. Require and prescribe manifest forms to all persons
generating and transporting hazardous waste off-site for storage,
recycling, treatment, or disposal;
6. Require periodic reports or manifest certifications
regarding such programs and efforts to reduce the volume or quantity
and toxicity of such hazardous waste as may be required by or
pursuant to authority of the Oklahoma Hazardous Waste Management
Act;
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 167
7. Require reports from all operators of hazardous waste
facilities who receive hazardous waste for treatment or storage or
disposal, listing the amount, transporter, and generator of all
hazardous waste received. Such reports are to be made on at least a
monthly or quarterly basis, as designated by the Department;
8. Approve or disapprove methods of disposal of hazardous
waste, and may prohibit certain specific disposal practices
including, but not limited to, any type of land disposal of any form
of such waste. Land disposal includes, but is not limited to,
landfills, surface impoundments, waste piles, deep injection wells,
land treatment facilities, salt dome and bed formations and
underground mines or caves;
9. Inform persons generating hazardous waste of available,
alternative methods of disposal of such waste;
10. Develop a system to provide information on recyclable
wastes to potential users of such materials. Such information shall
not include any information which the Department deems confidential
or private in nature;
11. Cooperate and share information with the U.S. Environmental
Protection Agency;
12. Prepare an emergency response plan for spills of hazardous
waste and for spills of hazardous materials;
13. Make information obtained by the Department regarding
hazardous waste facilities and sites available to the public in
substantially the same manner, and to the same degree, as would be
the case if the hazardous waste program in this state were being
carried out by the U.S. Environmental Protection Agency;
14. Develop rules with respect to any existing surface
impoundment or landfill or class of surface impoundments or
landfills from which the Department determines hazardous waste may
migrate into groundwater, impose such requirements, including but
not limited to double liners and leachate detection and collection
systems, as may be necessary to protect human health and the
environment;
15. Prohibit or restrict the use of any specific disposal
methods or practices for specific hazardous waste material,
substances or classes, as may be necessary to protect human health
and the environment;
16. Identify areas within the state which are unsuitable for
specific hazardous waste disposal methods, and deny permits for such
disposal methods in such areas;
17. Issue a one-year research development and demonstration
permit for any treatment facility which proposes an innovative and
experimental hazardous waste treatment technology or process not yet
t human health
and the environment;
16. Identify areas within the state which are unsuitable for
specific hazardous waste disposal methods, and deny permits for such
disposal methods in such areas;
17. Issue a one-year research development and demonstration
permit for any treatment facility which proposes an innovative and
experimental hazardous waste treatment technology or process not yet
regulated. Permits may be renewed no more than three times. No
renewal may exceed one (1) year;
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 168
18. Waive or modify general permit application and issuance
requirements for research and development permits, except for
financial responsibility and public participation requirements;
19. Terminate experimental activity if necessary to protect
human health and the environment;
20. Require oil recycling facilities using hazardous waste to
have a hazardous waste facility permit;
21. Issue permits containing any conditions necessary to
protect human health and the environment;
22. Issue permits for the storage of hazardous waste in
underground tanks;
23. Require groundwater monitoring for any landfill, surface
impoundment, land treatment site or pile;
24. Determine and enforce penalties for violations of the
Oklahoma Hazardous Waste Management Act and rules promulgated
thereunder;
25. Evaluate the benefit of rules governing labeling practices
for any containers used for the disposal, storage, or transportation
of hazardous waste which accurately identify such waste, and govern
the use of appropriate containers for such waste not otherwise
regulated by the federal government;
26. Monitor research and development regarding methods of the
handling, storage, use, processing, and disposal of hazardous waste;
27. Cooperate with existing technical reference centers on
hazardous waste disposal, recycling practices, and related
information for public and private use;
28. Monitor research in the technical and managerial aspects of
management and use of hazardous waste and recycling and recovery of
resources from hazardous wastes;
29. Determine existing rates of production of hazardous waste;
30. Promote recycling and recovery of resources from hazardous
wastes;
31. Encourage the reduction or exchange, or both, of hazardous
waste; and
32. Cooperate with an existing information clearinghouse, to
develop records of recyclable waste. Every generator of hazardous
waste shall supply the Department with information for the
clearinghouse. Each generator shall not be required to supply any
more information than is required by the manifests. The Department
shall make this information available to persons who desire to
recycle the wastes. The information shall be made available in such
a way that the trade secrets of the producer are protected.
Status: in_force · Read it on the official government site
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