{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-2a-3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-2A-3","heading":"Authority of Board to promulgate rules - Powers of","body":"Department.\n\nA. The State Board of Agriculture shall have the power and duty\n\nto promulgate rules implementing and effectuating the Oklahoma\n\nAgriculture Pollutant Discharge Elimination System Act. The rules\n\nmay incorporate by reference any applicable rules, regulations, and\n\npolicies of the United States Environmental Protection Agency\n\nadopted under the federal Clean Water Act. Any rules shall be at\n\nleast as stringent as the United States Environmental Protection\n\nAgency regulations and policies, including, but not limited to,\n\nrules that:\n\n1. Allow the inclusion of technology-based effluent limitations\n\nand require water-quality-related effluent limitations in\n\nAgriculture Pollutant Discharge Elimination System permits to the\n\nextent necessary to protect the designated and existing beneficial\n\nuses of the waters of the state and to comply with the requirements\n\nof the federal Clean Water Act;\n\n2. Apply applicable national standards of performance\n\npromulgated pursuant to Section 306 of the federal Clean Water Act\n\nin establishing terms and conditions of Director-issued permits;\n\n3. Develop or assist in development of any effluent limitation\n\nor other limitation, prohibition, or effluent regulation;\n\n4. Ensure that the public and any other state whose waters may\n\nbe affected receive notice of each application for a discharge\n\npermit;\n\n5. Ensure that any state whose waters may be affected by the\n\nactivities allowed by a proposed permit may submit written\n\nrecommendations on the application to the Department. The rules\n\nshall provide that if the recommendations or any parts thereof are\n\nnot incorporated, the Department will notify the affected state in\n\nwriting and shall provide the reasons therefor;\n\n6. Establish a fee schedule to implement the provisions of the\n\nOklahoma Agriculture Pollutant Discharge Elimination System Act;\n\n7. Establish management standards for sludge which are no less\n\nstringent than applicable federal regulations; and\n\n8. Establish procedures and requirements necessary to ensure\n\ncompliance with applicable federal laws.\n\nB. The Department shall have authority to:\n\n1. Require the owner or operator of any system for the\n\ntreatment, storage, discharge, or transport of pollutants to:\n\na. establish, maintain, and submit plans, specifications,\n\nrecords, and other data relative to disposal systems\n\nor any part thereof, in connection with the issuance\n\nof discharge permits or in connection with any permit,\n\npurposes, or requirements of the Oklahoma Agriculture\n\nPollutant Discharge Elimination System Act,\n\nb. make reports, to install, calibrate, use, and maintain\n\nmonitoring equipment or methods including biological\n\nmonitoring methods,\n\nc. take samples of effluents in the manner as may be\n\nprescribed, and\n\nd. provide other information as may be reasonably\n\nrequired;\n\n2. Take all actions that may be necessary or incidental to\n\nimplement and maintain a pollutant discharge permit program and\n\nsludge program, including the authority to assume and obtain\n\nauthorization to implement and maintain a portion of the National\n\nPollutant Discharge Elimination System state permit program and a\n\nstate sludge program pursuant to Section 402 and other provisions of\n\nthe federal Clean Water Act and other applicable federal law. The\n\nDirector may issue permits for the discharge of pollutants and storm\n\nwater from facilities and activities within the areas of\n\nenvironmental jurisdiction of the Department specified in Section 1-\n\n3-101 of Title 27A of the Oklahoma Statutes;\n\n3. Take necessary and appropriate actions to revoke, modify,\n\nrefuse to renew, suspend, place on probation, reinstate, or\n\notherwise administer and enforce discharge permits and sludge\n\npermits issued by the United States Environmental Protection Agency\n\nwhich are transferred to the Department upon federal authorization\n\nof the Agriculture Pollutant Discharge Elimination System program of\natutes;\n\n3. Take necessary and appropriate actions to revoke, modify,\n\nrefuse to renew, suspend, place on probation, reinstate, or\n\notherwise administer and enforce discharge permits and sludge\n\npermits issued by the United States Environmental Protection Agency\n\nwhich are transferred to the Department upon federal authorization\n\nof the Agriculture Pollutant Discharge Elimination System program of\n\nthe Department; and\n\n4. Exercise all necessary incidental powers which are necessary\n\nand proper to carry out the purposes of the Oklahoma Agriculture\n\nPollutant Discharge Elimination System Act and to comply with the\n\nrequirements of the federal Clean Water Act and the requirements of\n\nthe United States Environmental Protection Agency regulations\n\npromulgated thereunder.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f0f1ec9d62935b687506f78d4bcc3c85a9bb5a0ee529dbf7e797c6f8c43c22e0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-2a-29","next":"us-ok/okla.-stat.-tit.-2-2-2a-4"},"notice":"GroundRules: Original legal text. Not legal advice."}