Okla. Stat. tit. 27A, § 27A-4-2-102

Commission - Membership - Terms - Filling unexpired term - Powers

and duties - Responsibilities, powers and duties of member agencies

- Violations and penalties.

A. For purposes of implementing the provisions of Title III of

the federal Superfund Amendments and Reauthorization Act of 1986,

the Governor shall appoint or designate the members of the Oklahoma

Hazardous Materials Emergency Response Commission.

B. The Oklahoma Hazardous Materials Emergency Response

Commission, shall include at a minimum:

1. The Secretary of Safety and Security or designee;

2. The Commissioner of the Department of Public Safety or

designee;

3. The State Fire Marshal or designee;

4. The Executive Director of the Department of Environmental

Quality or designee;

5. The Director of the Department of Civil Emergency Management

or designee;

6. One member representing the response community for a term of

three (3) years; and

7. One member representing regulated industries for a three-

year term, except the initial appointment shall only be for a two-

year term.

C. An appointment shall be made by the Governor within ninety

(90) days after the expiration of the term of any member due to

resignation, death, or any cause resulting in an unexpired term. If

no appointment is made within that ninety-day period, the Commission

may appoint a provisional member to serve in the interim until the

Governor acts.

D. The Commission shall have the power and duty to:

1. Appoint a chairman and vice-chairman;

2. Execute a Memorandum of Understanding subject to the

Administrative Procedures Act with each member agency to designate

responsibilities and conduct studies;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 399

3. Require reports or plans from member agencies;

4. Advise, consult and coordinate with other agencies of the

state and federal government;

5. Ensure that the State of Oklahoma remains in compliance with

the requirements of Title III of the Superfund Amendments and

Reauthorization Act;

6. Coordinate administrative penalties;

7. Coordinate development of annual budgets for each member

agency's respective costs for administration and implementation of

its responsibilities pursuant to the Oklahoma Hazardous Materials

Planning and Notification Act; and

8. Coordinate with the local emergency planning committees.

E. On behalf of the Oklahoma Hazardous Materials Emergency

Response Commission, member agencies shall have the following

responsibilities:

1. The Oklahoma Department of Environmental Quality shall:

a. provide administrative support to the Oklahoma

Hazardous Materials Emergency Response Commission,

b. review the activities of the local emergency planning

committees, and serve as liaison between the Oklahoma

Hazardous Materials Emergency Response Commission, the

local emergency planning committees, and federal

agencies, except as related to training funds from the

federal emergency management agency,

c. administer a notification program pursuant to federal

requirements for emergency releases of extremely

hazardous substances and hazardous substances as

identified by the federal Environmental Protection

Agency. Notification shall include immediate notice

of the release and written follow-up notice of

response actions taken, risk analyses, and advice

concerning medical treatment for exposure, and shall

include releases from facilities subject to Title III

of the Superfund Amendments and Reauthorization Act.

The notification requirements shall be in addition to

those required by other agencies,

d. administer and enforce the reporting requirements of

Title III of the Superfund Amendments and

Reauthorization Act pertaining to emergency planning

notification, material safety data sheets, chemical

lists, emergency and hazardous chemical inventory

forms, and toxic chemical release forms,

e. serve as the industrial liaison and the repository for

required information,
by other agencies,

d. administer and enforce the reporting requirements of

Title III of the Superfund Amendments and

Reauthorization Act pertaining to emergency planning

notification, material safety data sheets, chemical

lists, emergency and hazardous chemical inventory

forms, and toxic chemical release forms,

e. serve as the industrial liaison and the repository for

required information,

f. perform such environmental services as are necessary

to validate required reports, and

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g. receive and respond to requests for information under

the Oklahoma Open Records Act;

2. The Oklahoma Department of Civil Emergency Management shall:

a. administer and enforce the planning requirements of

Title III of the Superfund Amendments and

Reauthorization Act of 1986,

b. receive and review emergency plans submitted by local

emergency planning committees, make recommendations on

revisions to the plans for coordination purposes, and

facilitate the training for and the implementation of

the plans, and

c. facilitate emergency training programs for local

emergency planning committees.

F. Each member agency of the Oklahoma Hazardous Materials

Emergency Response Commission shall have the power and duty,

relative to its respective Commission responsibilities, to:

1. Require reports and plans;

2. Prescribe rules and regulations consistent with Title III of

the Superfund Amendments and Reauthorization Act. Any rule or

regulation promulgated by any member agency pursuant to the Oklahoma

Hazardous Materials Planning and Notification Act shall not be more

stringent than any federal act;

3. Adopt federal rules. Any rule or regulation promulgated by

any member agency pursuant to the provisions of the Oklahoma

Hazardous Materials Planning and Notification Act shall not be more

stringent than any such federal rules;

4. Cause investigations, inquiries and inspections;

5. Prescribe penalties;

6. Assess administrative penalties;

7. Cause prosecution;

8. Accept, use, disburse and administer grants, allotments,

gifts, devises for the purposes of facilitating emergency response

performance in the state;

9. Provide public information as requested regarding emergency

response implementation in the state; and

10. Work with other agencies where applicable, to eliminate

redundancy in the reporting requirements of the various state,

federal and local agencies enforcing hazardous materials handling,

storage, spills and training.

G. Any person violating any provision of the Oklahoma Hazardous

Materials Planning and Notification Act shall be deemed guilty of a

misdemeanor, and upon conviction thereof, shall be punishable by a

fine of not more than Ten Thousand Dollars ($10,000.00), or by

imprisonment for not more than one (1) year, or by both such fine

and imprisonment.

H. The Oklahoma Hazardous Materials Emergency Response

Commission shall:

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1. Designate emergency planning districts to facilitate

preparation and implementation of emergency plans; and

2. Appoint members of a local emergency planning committee for

each emergency planning district.