Okla. Stat. tit. 27A, § 27A-2-7-115

roads and bridges, upgrading - Notice, grievance procedure.

A. Regarding a permit application for a new hazardous waste

facility, the board of county commissioners of the county in which

the waste facility is located and the board of county commissioners

of any county contiguous to the waste facility, whose roads and

bridges are to be used to provide access to the proposed waste

facility, shall review the county road classification plans as

described in Section 654 of Title 69 of the Oklahoma Statutes and

substantiate whether the county roads and bridges to be used to and

from such hazardous waste facility in their respective counties may

be used without any substantial detriment to said roads and bridges

as provided in Section 14-113 of Title 47 of the Oklahoma Statutes.

If any board of county commissioners finds that substantial

detriment to the roads and bridges in its county would occur, such

board shall determine reasonable measures necessary to upgrade the

roads and bridges and allow the applicant for a hazardous waste

facility to upgrade or pay for the upgrading of such roads and

bridges if the applicant receives a permit.

B. The Department shall not issue a permit for any new

hazardous waste facility unless:

1. Each board of county commissioners, as appropriate pursuant

to subsection A of this section, has substantiated by resolution

that the county roads and bridges as they exist can be used without

any substantial detriment to said roads and bridges as provided by

the restrictions imposed by Section 14-113 of Title 47 of the

Oklahoma Statutes; or

2. The applicant has agreed to upgrade or pay for the upgrading

of the roads and bridges to the reasonable measures determined by

the appropriate board of county commissioners or to the design

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 180

standards established by the Oklahoma Department of Transportation

for industrial access roads.

The Department shall not authorize the operation of the facility

until the necessary upgrades to the roads and bridges have been

made.

C. The Department shall notify the applicable boards of county

commissioners by certified mail, return receipt requested, of the

proposed waste site. Said boards of county commissioners shall have

forty-five (45) days from receipt of such notice to review the

county road classification plan and respond to the Department. The

finding of each board of county commissioners shall be sent to the

Department by certified mail, return receipt requested. Failure to

respond within such forty-five-day response period shall constitute

a finding that the roads and bridges can be used without substantial

detriment and preclude the board of county commissioners failing to

respond from raising the suitability of use of roads and bridges of

the county as set out in subsections A and B of this section at a

later date.

D. Any applicant for a permit aggrieved by the action of the

board of county commissioners pursuant to this section shall have

the right of review by trial de novo in the district court of the

county wherein the board of county commissioners took such action.

E. This section shall apply to any permit application submitted

to the Department on or after May 30, 1985, and to any permit

application submitted before May 30, 1985, for which a permit has

not been issued.