Okla. Stat. tit. 27A, § 27A-2-10-301: Permit required - Exemptions - Remediation projects

A. Except as otherwise specified in this section:

1. No person shall dispose of solid waste at any site or

facility other than a site or facility for which a permit for solid

or hazardous waste disposal has been issued by the Department of

Environmental Quality;

2. No person shall own or operate a site or facility at which

solid waste is disposed other than a site or facility for which a

permit for solid or hazardous waste disposal has been issued by the

Department;

3. No person shall knowingly transport solid waste to an

unpermitted site or facility; and

4. The Department shall not bring an enforcement action against

any unit of local government which undertakes any remediation of an

illegal dump which the local government had no role in creating

provided that the unit of local government first consults with and

follows the remediation advice of the Department. The Department is

authorized to recommend remediation of illegal dumps by burial of

the material on location, when such burial appears to pose less risk

than failure to remediate.

B. No provision of the Oklahoma Solid Waste Management Act

shall be construed to prevent a person from disposing of solid waste

from his or her household upon his or her property provided such

disposal does not create a nuisance or a hazard to the public health

or environment or does not violate a local government ordinance.

C. Notice of permit actions shall be in accordance with the

Uniform Permitting Act.

D. The Department shall issue a permit to be effective for the

life of a given landfill site. The Environmental Quality Board may

promulgate rules regarding permit requirements for the commencement

of construction and operation of disposal sites. The rules

promulgated by the Board for the commencement of construction and

operation of landfill sites shall not apply to sites permitted prior

to the effective date of this act. For sites using new technology,

the Department may issue research and development permits to be

effective for specified periods of time. In order to assure

adequate financial assurance as required by this section, each

permittee who operates a landfill disposal site, other than a

generator owned and operated private industrial nonhazardous

monofill, shall submit information on an annual basis at such times

and in such form as the Department shall require, sufficient to

allow the Department to know the remaining landfill life.

E. Information and data submitted in support of a permit

application or a permit modification application for any site

serving a population equivalent of five thousand (5,000) or more

persons shall be prepared and sealed by a professional engineer

licensed to practice in this state. Applicants for smaller site

permits are encouraged but not required to seek professional

engineering assistance.

F. The Department shall not issue any permit for the siting or

expansion of an asbestos monofill which will be located closer than

five hundred (500) yards from any occupied residence. No asbestos

monofill shall be constructed within three (3) miles of the

corporate boundaries of any city or town.

G. Disposal sites approved by the Department to receive only

solid waste shall not accept for disposal any waste classified as

hazardous waste.

H. No permit shall be required for a disposal site constructed

pursuant to an order issued by the Department in an effort to

remediate an abandoned or inactive waste site. Such disposal site

shall only receive waste from the remediation project, and shall be

designed, constructed, and operated in accordance with the technical

standards established in the applicable rules promulgated by the

Environmental Quality Board. Such rules shall not be less stringent

bandoned or inactive waste site. Such disposal site

shall only receive waste from the remediation project, and shall be

designed, constructed, and operated in accordance with the technical

standards established in the applicable rules promulgated by the

Environmental Quality Board. Such rules shall not be less stringent

than those which would apply to a federally funded remediation

project pursuant to the federal Comprehensive Environmental

Response, Compensation and Liability Act.

I. The Department shall not issue any permit for the siting of

a new municipal solid waste landfill in any location that is both:

1. Within a locally fractured or cavernous limestone or cherty

limestone bedrock; and

2. Within five (5) miles of any water well owned by a rural

water district that is used or has the potential to be used to

provide water to customers of the district.

J. No permit shall be required for a project approved by the

Department and a local conservation district to use suitable

portions of the solid waste stream to reclaim and restore Oklahoma

lands.