Okla. Stat. tit. 27A, § 27A-2-10-1001: Development of plan - Fees and charges - Acceptance
Where this section sits in the code
- OK Code
- Title 27A
and disbursement of funds - Contracts for land, facilities and
vehicles - Operational policies - Personnel - Violations and
penalties - Exempt counties.
A. The board of county commissioners in each county of the
state shall develop a plan, subject to the approval of the
Department of Environmental Quality, to provide a solid waste
management system to handle adequately solid wastes generated or
existing within the boundaries of such county. An application for a
solid waste transfer station to be located in a county with a
population of less than twenty thousand (20,000) based on the 1990
Federal Decennial Census shall not be submitted to the Department
unless it is included in the county plan submitted to the
Department. The application shall be made in accordance with the
permitting requirements in the Oklahoma Solid Waste Management Act.
By agreement or contractual arrangement the board of county
commissioners may assume responsibility for solid wastes generated
within incorporated cities or towns whether within their counties or
other counties. The board of county commissioners of a county may
enter into agreements with other counties, one or more towns or
cities, governmental agencies, with private persons, trusts or with
any combination thereof to provide a solid waste management system
for the county or any portion thereof.
B. The county commissioners shall have the authority to levy
and collect such fees and charges and require such licenses as may
be appropriate to discharge their responsibility for a solid waste
management system or any portion thereof. Such fees, charges and
licenses shall be based on a fee schedule contained in an official
resolution of the board of county commissioners and may be invoiced
and collected by other public or private utility services in the
normal course of their business.
C. The board of county commissioners may accept and disburse
funds derived from federal or state grants or from private sources
or from monies that may be appropriated from the General Revenue
Fund for the installation and operation of a solid waste management
system.
D. The board of county commissioners is authorized to contract
for the lease or purchase of land, facilities and vehicles for the
operation of a solid waste management system either for the county
or as a party to a regional solid waste management district.
E. The board of county commissioners of a county shall have the
right to establish written policies in compliance with the plan
approved by the Department for the operation of a solid waste
management system including hours of operation, amount, character
and kind of waste accepted at the solid waste container sites or any
disposal site, and such other rules as may be necessary for the
safety of the operating personnel, persons using the sites and the
general public.
F. The board of county commissioners of a county is authorized
to hire such persons, including peace officers, as may be necessary
to administer the county solid waste management system, enforce
policies established pursuant to the solid waste plan and issue
citations for violation of the solid waste laws of the State of
Oklahoma.
G. Any person who violates any policy established by the board
of county commissioners for the operation of a solid waste
management system created pursuant to the provisions of this
section, shall be subject to a civil penalty not to exceed Five
Hundred Dollars ($500.00) per day. Each violation shall constitute
a separate offense.
H. The provisions of this section requiring approval of the
Department for plans providing for a solid waste management system,
shall not apply to counties having a solid waste management system
plan in effect on July 1, 1992. For any county having a solid waste
management system plan in effect on July 1, 1992, the county
($500.00) per day. Each violation shall constitute
a separate offense.
H. The provisions of this section requiring approval of the
Department for plans providing for a solid waste management system,
shall not apply to counties having a solid waste management system
plan in effect on July 1, 1992. For any county having a solid waste
management system plan in effect on July 1, 1992, the county
commissioners may charge and collect reasonable service and disposal
fees as necessary for any nonhazardous industrial solid waste
collection and disposal system. In determining reasonable fees for
any nonhazardous industrial solid waste collection and disposal
system, the county may take into account the damage and repair of
access roads, litter control, surveillance, civil defense, and such
other costs and expenditures deemed necessary by the county. Any
person subject to the assessment of such fees who is aggrieved at
the action of the commissioners in determining the amount of such
fees, may appeal the action of the commissioners to the district
court of the county for a review as to the reasonableness of the
fees. The decision of the court shall be final and binding upon the
commissioners, provided that any such order of the commissioners
assessing the fees shall be binding until reversed by the court.
Collected 2026-09-14T18:32:36Z. Source file · JSON