Okla. Stat. tit. 27A, § 27A-2-10-201: Rules – Fees

A. The Board of Environmental Quality is directed and empowered

to promulgate rules for solid waste management including but not

limited to:

1. The permitting, posting of security, construction,

operation, closure, maintenance and remediation of solid waste

disposal sites;

2. Disposal of solid waste in ways that are environmentally

safe and sanitary, as well as economically feasible;

3. Authorizing variances from the specific requirements of a

particular rule provided that the applicant for a variance has

demonstrated that compliance with the rule will be met by

substituted technology which equals or exceeds the protection

accorded by the particular rule and that the variance will not

result in a hazard to the health, environment and safety of the

people of this state or their property. The grant of any variance

shall be upon express condition that, in the event of the failure of

the substituted technology to conform to the requirements of law and

rules, the applicant shall be required to incorporate the

technology, process or procedure established under the rules;

4. Requiring the submission of laboratory reports or analyses

performed by certified laboratories for the purposes of compliance

monitoring and testing and for other purposes required for the

regulation of sludge pursuant to Part 4 of this Article;

5. The transportation of solid waste. Such rules shall not be

more stringent than those of the United States Department of

Transportation or the United States Interstate Commerce Commission;

6. Applicant disclosure; and

7. The regulation of borrow areas for soils to be used in solid

waste disposal sites. Regulatory authority over such borrow areas

shall be exclusive to the Board and the Department of Environmental

Quality.

B. Rules shall be promulgated in compliance with the

Administrative Procedures Act. Notice of any proposed changes to

such rules shall be given to the Oklahoma Municipal League, the

County Commissioners Association, and such citizens as have

requested to be notified and shall advise them of an opportunity to

comment thereon before the adoption of such rules.

C. Absent specific legislative authority, the Board shall not

amend any existing rule in such a manner as to encourage importation

of biomedical waste generated outside the territorial limits of this

state.

D. The Board, pursuant to Section 2-3-402 of this title and the

Administrative Procedures Act, shall establish a schedule of fees to

be charged for applications to issue and renew permits, licenses and

other authorizations required by the provisions of this article and

for such environmental services as are involved in the regulation of

solid waste. Fees charged pursuant to this section shall be paid

into the Department of Environmental Quality Revolving Fund and

shall be used by the Department in administering the Solid Waste

Management Act. The Board, in setting fees, shall consider factors

which include but are not limited to:

1. Facility size and capability;

2. Size of population served by such facility;

3. Type or class of facility; and

4. Type and amount of waste accepted, stored, treated,

transferred or disposed.