Okla. Stat. tit. 27A, § 27A-2-7-111

on-site or off-site treatment, recycling, storage or disposal.

A. The practice of plowing hazardous waste into the soil

surface for the purpose of disposal is hereby prohibited except

pursuant to a plan approved by the Department of Environmental

Quality for biodegradable or inert material. In addition, the site

used for such disposal shall not be subject to flooding or extensive

erosion. The administrative permit hearing provisions of Sections

2-7-113, 2-7-113.1 and 2-14-304 of this title shall not apply to

soil farming operations conducted on the generator's plant site or

nearby property under the control of the generator.

B. A hazardous waste facility for on-site treatment, recycling

or storage shall not be sited in or over a principal groundwater

resource or recharge area as determined in writing by the Oklahoma

Geological Survey, except pursuant to a plan approved by the

Department. The plan shall contain such design criteria and

groundwater monitoring provisions as deemed necessary by the

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 175

Department to protect the quality of said principal groundwater

resource or recharge area. The plan shall also provide for the

establishment and maintenance of a bond or other financial assurance

in a form and amount acceptable to the Department, specifically for

the purpose of assuring both immediate response and containment and

comprehensive remediation as directed by the Department in the event

of a release to soil or water of any hazardous waste or hazardous

waste constituent.

C. 1. Except as provided in paragraph 3 of this subsection, a

hazardous waste facility for off-site treatment, recycling or

storage or for on-site or off-site disposal shall not be sited in or

over a principal groundwater resource or recharge area as determined

in writing by the Oklahoma Geological Survey.

2. a. Except as provided in subparagraph b of this

paragraph, a facility for off-site treatment, storage,

recycling or disposal of hazardous waste shall not be

sited in any other area of the state without the prior

written approval of an emergency and release response

plan by the affected property owners as such term is

defined in Section 2-7-103 of this title. Such plan

shall provide for the minimization of hazards to the

health and property of such affected property owners

from emergency situations or from sudden or nonsudden

releases of hazardous waste or constituents thereof.

After the applicant has made a reasonable effort to

negotiate said plan with the affected property owners

and has acquired the written approval of a majority of

the affected property owners, the applicant may

certify to the Department that such reasonable effort

has been made and that a minority of the affected

property owners would not consent. The Department may

then issue the permit if it meets all other

requirements.

The Department is expressly authorized to review the

reasons of the affected property owners for

nonapproval of the plan. If nonapproval is not based

solely upon minimization of environmental hazards to

the health and property of the affected property

owners, the Department shall exclude those affected

property owners from a calculation of a majority of

affected property owners. The Department shall have

the final authority to issue or not to issue any

permit to any treatment, storage, or disposal

facility.

b. Existing industrial facilities not currently receiving

hazardous waste which propose to begin receiving

hazardous waste from off-site, including facilities at

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 176

which the hazardous waste is to be utilized as fuel in

a recycling unit and all other existing industrial

facilities, shall submit an emergency and release

response plan as part of the permit application. The

plan shall be subject to public review and comment as
g

hazardous waste from off-site, including facilities at

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 176

which the hazardous waste is to be utilized as fuel in

a recycling unit and all other existing industrial

facilities, shall submit an emergency and release

response plan as part of the permit application. The

plan shall be subject to public review and comment as

part of the permit application pursuant to Section 2-

7-113 of this title or the Oklahoma Uniform

Environmental Permitting Act prior to final approval

or disapproval by the Department. Upon submittal of

the proposed plan to the Department, the applicant

shall be required to mail a copy of said plan to the

affected property owners and shall promptly thereafter

certify to the Department that such mailing has been

made. If a permit is issued, the permittee shall send

the final plan by first-class mail to the last-known

address of all affected property owners.

c. An emergency and release response plan for a new or

existing facility, located or to be located within the

city limits or within the emergency response area of

any incorporated city or town, which proposes to begin

receiving hazardous waste from off-site shall not be

approved by the Department until at least sixty (60)

days after the city or town has been served with a

copy of the plan by the applicant. During said sixty-

day period the city or town shall have the opportunity

to review the plan and comment to the Department upon

the ability of the city to comply with any item in the

plan requiring the participation of or assistance by

the city or town or any departments or agencies

thereof.

3. The Department may grant a variance to an off-site hazardous

waste treatment, recycling or storage facility to allow the siting

of such facility over a principal groundwater resource or recharge

area as determined in paragraph 1 of this subsection, upon the

following conditions:

a. the request for variance, and a detailed rationale,

shall be included in the permit application,

b. the Department shall receive and consider comments on

the appropriateness of the proposed variance at any

formal public meeting or administrative permit hearing

conducted on the draft permit or proposed permit

pursuant to the provisions of Section 2-7-113 of this

title or the Oklahoma Uniform Environmental Permitting

Act,

c. the applicant shall bear the burden of establishing

clearly and convincingly to the Department that the

design, construction and operation of the proposed

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facility will be such that the risk of a release of

hazardous waste or hazardous waste constituents

directly or indirectly to groundwater is minimal, and

d. the permit application shall provide for the

establishment and maintenance of a bond or other

financial assurance as described and for the purposes

specified in subsection B of this section.

D. The provisions of this section shall apply to:

1. Applications for future proposed sites;

2. Pending applications for new hazardous waste permits; and

3. Applications for permits to modify existing facilities which

have either a permit or interim status when the proposed

modification involves the opportunity for an administrative permit

hearing.

E. The provisions of paragraphs 1 and 2 of subsection C of this

section shall not apply to applications to increase existing

storage, treatment, recycling or disposal capacity or to modify

existing disposal sites for treatment or disposal. Such

modification of existing disposal sites shall include upgrading said

facilities to use the best available waste destruction technology

such as incineration, detoxification, recycling or neutralization

technology.