Okla. Stat. tit. 2, § 2-2A-3: Authority of Board to promulgate rules - Powers of

Department.

A. The State Board of Agriculture shall have the power and duty

to promulgate rules implementing and effectuating the Oklahoma

Agriculture Pollutant Discharge Elimination System Act. The rules

may incorporate by reference any applicable rules, regulations, and

policies of the United States Environmental Protection Agency

adopted under the federal Clean Water Act. Any rules shall be at

least as stringent as the United States Environmental Protection

Agency regulations and policies, including, but not limited to,

rules that:

1. Allow the inclusion of technology-based effluent limitations

and require water-quality-related effluent limitations in

Agriculture Pollutant Discharge Elimination System permits to the

extent necessary to protect the designated and existing beneficial

uses of the waters of the state and to comply with the requirements

of the federal Clean Water Act;

2. Apply applicable national standards of performance

promulgated pursuant to Section 306 of the federal Clean Water Act

in establishing terms and conditions of Director-issued permits;

3. Develop or assist in development of any effluent limitation

or other limitation, prohibition, or effluent regulation;

4. Ensure that the public and any other state whose waters may

be affected receive notice of each application for a discharge

permit;

5. Ensure that any state whose waters may be affected by the

activities allowed by a proposed permit may submit written

recommendations on the application to the Department. The rules

shall provide that if the recommendations or any parts thereof are

not incorporated, the Department will notify the affected state in

writing and shall provide the reasons therefor;

6. Establish a fee schedule to implement the provisions of the

Oklahoma Agriculture Pollutant Discharge Elimination System Act;

7. Establish management standards for sludge which are no less

stringent than applicable federal regulations; and

8. Establish procedures and requirements necessary to ensure

compliance with applicable federal laws.

B. The Department shall have authority to:

1. Require the owner or operator of any system for the

treatment, storage, discharge, or transport of pollutants to:

a. establish, maintain, and submit plans, specifications,

records, and other data relative to disposal systems

or any part thereof, in connection with the issuance

of discharge permits or in connection with any permit,

purposes, or requirements of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act,

b. make reports, to install, calibrate, use, and maintain

monitoring equipment or methods including biological

monitoring methods,

c. take samples of effluents in the manner as may be

prescribed, and

d. provide other information as may be reasonably

required;

2. Take all actions that may be necessary or incidental to

implement and maintain a pollutant discharge permit program and

sludge program, including the authority to assume and obtain

authorization to implement and maintain a portion of the National

Pollutant Discharge Elimination System state permit program and a

state sludge program pursuant to Section 402 and other provisions of

the federal Clean Water Act and other applicable federal law. The

Director may issue permits for the discharge of pollutants and storm

water from facilities and activities within the areas of

environmental jurisdiction of the Department specified in Section 1-

3-101 of Title 27A of the Oklahoma Statutes;

3. Take necessary and appropriate actions to revoke, modify,

refuse to renew, suspend, place on probation, reinstate, or

otherwise administer and enforce discharge permits and sludge

permits issued by the United States Environmental Protection Agency

which are transferred to the Department upon federal authorization

of the Agriculture Pollutant Discharge Elimination System program of

atutes;

3. Take necessary and appropriate actions to revoke, modify,

refuse to renew, suspend, place on probation, reinstate, or

otherwise administer and enforce discharge permits and sludge

permits issued by the United States Environmental Protection Agency

which are transferred to the Department upon federal authorization

of the Agriculture Pollutant Discharge Elimination System program of

the Department; and

4. Exercise all necessary incidental powers which are necessary

and proper to carry out the purposes of the Oklahoma Agriculture

Pollutant Discharge Elimination System Act and to comply with the

requirements of the federal Clean Water Act and the requirements of

the United States Environmental Protection Agency regulations

promulgated thereunder.