Okla. Stat. tit. 27A, § 27A-2-7-121

A. Every hazardous waste treatment facility, storage facility,

underground injection facility, disposal facility, or off-site

facility that recycles hazardous waste subject to the provisions of

the Oklahoma Hazardous Waste Management Act shall pay to the

Department of Environmental Quality an annual fee on the amount of

hazardous waste managed by such facility.

1. Subject to paragraphs 2 and 7 of this subsection, such fees

shall be:

a. Nine Dollars and fifty cents ($9.50) per ton for on-

site or off-site storage, treatment or land disposal,

b. Four Dollars ($4.00) per ton for off-site recycling,

including regeneration, or

c. three cents ($0.03) per gallon for on-site or off-site

underground injection.

2. There shall be a minimum fee per facility as follows:

a. except as provided in subparagraph d of this

paragraph, any person owning or operating an off-site

hazardous waste treatment facility or disposal

facility shall pay a total fee of not less than Fifty

Thousand Dollars ($50,000.00) each state fiscal year,

b. any person owning or operating an on-site hazardous

waste treatment facility, storage facility, or

disposal facility shall pay a total fee of not less

than Twenty Thousand Dollars ($20,000.00) each state

fiscal year. The annual fee for the on-site disposal

of hazardous waste by underground injection shall not

exceed Fifty Thousand Dollars ($50,000.00),

c. any person owning or operating an off-site facility

for the storage or recycling of hazardous waste shall

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 187

pay a total fee of not less than Twenty Thousand

Dollars ($20,000.00) each state fiscal year; provided,

any such off-site recycling facility which

consistently recycles fewer than ten (10) tons of

hazardous waste per calendar month shall not be

subject to this minimum annual fee. For the purpose

of this subparagraph, storage includes physical

separation or combining of wastes solely to facilitate

efficient storage at the facility and/or efficient

transportation, and

d. any person owning or operating an off-site facility

which accepts hazardous waste exclusively for the

purpose of conducting research and design tests shall

pay a total fee of not less than Ten Thousand Dollars

($10,000.00) each state fiscal year.

3. Off-site facilities may charge persons contracting for the

services of the facility their proportional share of the fees

required by the provisions of this section.

4. The facility shall become liable for payment of the fee on

each ton or gallon of hazardous waste at the time it is received.

For purposes of on-site facilities, receipt is deemed to have

occurred when the waste is first managed in any unit or manner that

requires a hazardous waste permit. The fee shall be payable by the

facility to the Department only as provided for in subsection C of

this section.

5. The fee imposed by the provisions of this section shall be

payable only once without regard to any subsequent handling of the

hazardous waste. The fee shall be based on the purpose for which

the waste was received by the facility. In no event shall a

facility be required to pay a fee on each step or process involved

in the storage, treatment, or disposal of the waste at the facility

or a related facility under common control.

6. In computing the amount of the fee specified in subparagraph

b of paragraph 1 of subsection A of this section for the off-site

recycling or regeneration of hazardous waste, the assessment for

regeneration shall be made on a dry weight basis.

7. If a generator of characteristic hazardous waste or listed

hazardous waste treats the waste on-site to meet Best Demonstrated

Available Technology Standards and disposes of the waste on-site,

the waste shall be subject to a reduced treatment or on-site

disposal fee of one-half (1/2) the rate required by subparagraph a

of paragraph 1 of this subsection; provided, such rate reduction
basis.

7. If a generator of characteristic hazardous waste or listed

hazardous waste treats the waste on-site to meet Best Demonstrated

Available Technology Standards and disposes of the waste on-site,

the waste shall be subject to a reduced treatment or on-site

disposal fee of one-half (1/2) the rate required by subparagraph a

of paragraph 1 of this subsection; provided, such rate reduction

shall not exceed Twenty-two Thousand Dollars ($22,000.00) per

calendar year.

B. The following facilities shall not be required to pay the

fee required by the provisions of this section:

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1. Facilities engaged only in the on-site recycling of

hazardous waste; and

2. Facilities which have not received new hazardous waste

within the preceding state fiscal year.

C. Payment of the fees required by this section shall be due

quarterly for hazardous waste received by the facility during the

prior calendar quarter. Such quarterly payments shall be due on the

first day of the month of the following quarter. All payments shall

be made within thirty (30) days from the date they become due.

D. The fees required by this section shall be paid in lieu of

the monitoring fees imposed in subsection B of Section 2-7-119 of

this title. All facilities subject to the provisions of this

section shall not be required to pay or collect any additional fees

for waste disposal unless specifically required by the Oklahoma

Hazardous Waste Management Act.

E. All fees and other monies received by the Department

pursuant to the provisions of this section shall be expended solely

for the purposes specified in this section.

1. Ten percent (10%) of the fees collected from an off-site

hazardous waste facility pursuant to the provisions of this section

shall be deposited to the credit of the Special Economic Development

Trust Funds. The funds for the Trusts accruing pursuant to the

provisions of this section shall be distributed to each Trust

established in proportion to the fees generated by the off-site

hazardous waste facilities within the Trust area.

2. The Department shall expend monies received pursuant to the

provisions of this section for one or more of the following

purposes:

a. the administration of the provisions of the Oklahoma

Hazardous Waste Management Act,

b. the development of an inventory of hazardous wastes

currently produced in Oklahoma and management needs

for the identified wastes,

c. the implementation of information exchange, technical

assistance, public information, and educational

programs,

d. the development and encouragement of waste reduction

plans for Oklahoma waste generators, or

e. increased inspection of hazardous waste facilities

which may include full-time inspectors at off-site

hazardous waste facilities.

F. To the extent that fees received pursuant to this section

shall exceed the purposes specified in subsection E of this section,

the Department shall only expend such funds for one or more of the

following purposes:

1. Contributions required from the state pursuant to the

federal Comprehensive Environmental Response, Compensation and

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Liability Act for remediation or related action upon a site within

the state;

2. Response, including but not limited to containment and

removal, to emergency situations involving spillage, leakage,

emissions or other discharge of hazardous waste or hazardous waste

constituents to the environment where a responsible party cannot be

timely identified or found or compelled to take appropriate

emergency action to adequately protect human health and the

environment;

3. State-funded remediation of sites contaminated by hazardous

waste or hazardous waste constituents so as to present a threat to

human health or the environment, to the extent that a responsible
nstituents to the environment where a responsible party cannot be

timely identified or found or compelled to take appropriate

emergency action to adequately protect human health and the

environment;

3. State-funded remediation of sites contaminated by hazardous

waste or hazardous waste constituents so as to present a threat to

human health or the environment, to the extent that a responsible

party cannot be timely identified or found or compelled to take such

action, or is unable to take such action;

4. Costs incurred in pursuing an enforcement action to compel a

responsible party to undertake appropriate response or remedial

actions, or to recover from a responsible party monies expended by

the state, as described in paragraphs 1 through 3 of this

subsection; or

5. Financial assistance to municipalities or counties for the

purposes and under the conditions specified in Section 2-7-305 of

this title.