Okla. Stat. tit. 27A, § 27A-2-7-109

or transfer of permit - Disclosure of information - Applicability.

A. In order to protect the public health and safety and the

environment of this state, the Department, pursuant to the Oklahoma

Hazardous Waste Management Act, shall not issue, renew, or transfer

a permit for a hazardous waste facility for treatment, storage,

recycling or disposal to any person who:

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 172

1. Is not in substantial compliance with a final agency order

or any final order or judgment of a court of record secured by any

state or federal agency relating to the generation, storage,

transportation, treatment, recycling or disposal of "hazardous

waste", as such term is 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;

2. Has evidenced a reckless disregard for the protection of the

public and the environment as demonstrated by a history of

noncompliance with environmental laws and rules resulting in

endangerment of human health or the environment; or

3. Has as an affiliated person any person who is described by

paragraph 1 or 2 of this subsection.

B. 1. Except as provided in paragraph 2 of this subsection,

all applicants for the issuance, renewal or transfer of any

hazardous waste permit, license, certification or operational

authority issued by the Department shall file a disclosure statement

with their applications.

2. If the applicant is a publicly held company required to file

periodic reports under the Securities and Exchange Act of 1934, or a

wholly owned subsidiary of a publicly held company, the applicant

shall not be required to submit a disclosure statement, but shall

submit the most recent annual and quarterly reports required by the

Securities and Exchange Commission, which provide information

regarding legal proceedings in which the applicant has been

involved. The applicant shall submit such other relevant

information as the Department may require that relates to the

competency, reliability, or responsibility of the applicant and

affiliated persons.

C. The Department is authorized to revoke, or to refuse to

issue, to renew, or to transfer a permit for a hazardous waste

facility for treatment, storage, recycling or disposal to any person

who:

1. Is not, due solely to the actions or inactions of the

applicant or affiliated person, in substantial compliance with any

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

secured by the Department issued pursuant to the provisions of the

Oklahoma Hazardous Waste Management Act;

2. Is not, due solely to the actions or inactions of the

applicant or affiliated person, in substantial compliance with any

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

secured by any state or federal agency, as determined by that

agency, relating to the generation, storage, transportation,

treatment, recycling or disposal of any "hazardous waste", as such

term is defined by the Oklahoma Hazardous Waste Management Act, or

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 173

by the United States Environmental Protection Agency pursuant to the

federal Resource Conservation and Recovery Act;

3. Has evidenced a history of a reckless disregard for the

protection of the public health and safety or the environment

through a history of noncompliance with state or federal

environmental laws, including without limitation the rules of the

Department or the United States Environmental Protection Agency

regarding the generation, storage, transportation, treatment,

recycling or disposal of any "hazardous waste", as such term is

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; or
mitation the rules of the

Department or the United States Environmental Protection Agency

regarding the generation, storage, transportation, treatment,

recycling or disposal of any "hazardous waste", as such term is

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; or

4. Has as an affiliated person any person who is described by

paragraphs 1, 2 or 3 of this subsection.

D. 1. An application for a permit for a hazardous waste

facility for treatment, storage, recycling or disposal or a renewal

thereof shall be signed under oath by the applicant.

2. The Department may refuse to renew, or may suspend or

revoke, a permit issued pursuant to the Oklahoma Hazardous Waste

Management Act for a hazardous waste facility for treatment,

storage, recycling or disposal to any person who has failed to

disclose or states falsely any information required pursuant to the

provisions of this section. Any person who willfully fails to

disclose or states falsely any such information, upon conviction,

shall be guilty of a Class D1 felony offense and may be punished by

imprisonment for not more than five (5) years or fined not more than

One Hundred Thousand Dollars ($100,000.00), or both such fine and

imprisonment.

E. Noncompliance with a final agency order or final order or

judgment of a court of record which has been set aside by a court on

appeal of such final order or judgment shall not be considered a

final order or judgment for the purposes of this section.

F. The Board shall promulgate rules pursuant to the

Administrative Procedures Act as may be necessary and appropriate to

implement the provisions of this section.

G. The provisions of this section shall apply to:

1. Any pending or future application for a permit for land

disposal or treatment of hazardous waste, except treatment at a

facility accepting hazardous waste exclusively for the purpose of

conducting research and design tests; and

2. Any application for a permit for hazardous waste treatment,

storage, recycling or disposal which is initially submitted to the

Department after July 31, 1992, or which has not been determined by

the Department to be technically complete by December 31, 1993,

regardless of the initial submittal date.