{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-2a-7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-2A-7","heading":"Inspection of and access to permitted and unpermitted","body":"facilities - Issuance of discharge permit prohibited in certain\n\nsituations - Documents open to public - Trade secrets protected.\n\nA. Any holder of a permit or applicant for a permit shall be\n\ndeemed to have given consent to any authorized officer, employee, or\n\nagent of the Oklahoma Department of Agriculture, Food, and Forestry\n\nto:\n\n1. Enter and inspect the facility in accordance with the\n\nprovisions of the Oklahoma Agriculture Pollutant Discharge\n\nElimination System Act;\n\n2. Investigate complaints;\n\n3. Have access at any reasonable time for the purposes of\n\nreviewing and copying any records required to be maintained;\n\n4. Inspect any monitoring equipment, methods, disposal systems,\n\nor other facilities or equipment as may be required;\n\n5. Have access for the purpose of inspecting and sampling any\n\neffluent streams or any discharge of pollutants to waters of the\n\nstate or for inspection and sampling of any sludge source, storage,\n\nbeneficial use, reuse, or disposal site; and\n\n6. Obtain copies of records, plans, reports, or other\n\ninformation required by the Department to be submitted upon request\n\nand subject to and made available for inspection at reasonable times\n\nto any authorized representative of the Department. Any authorized\n\nrepresentative of the Department may examine any records or\n\nmemoranda pertaining to discharges, treatment, or other limitations\n\nset by permit, order, or duly promulgated rules of the Board.\n\nB. For unpermitted facilities, authorized employees or\n\nrepresentatives, upon presentation of a credential and, if\n\nnecessary, a proper warrant shall have:\n\n1. A right of entry to, upon, or through any private or public\n\npremises upon which an effluent or sludge source is or may be\n\nlocated or in which any records are required to be maintained;\n\n2. A right of entry for the purpose of investigating\n\ncomplaints;\n\n3. Access, at any reasonable time, for the purposes of\n\nreviewing and copying any records required to be maintained;\n\n4. Authority to inspect any monitoring equipment, methods,\n\ndisposal systems, or other facilities or equipment as may be\n\nrequired; and\n\n5. Access for the purpose of inspecting and sampling any\n\neffluent streams or any discharge of pollutants to waters of the\n\nstate or for inspection and sampling of any sludge source, storage,\n\nbeneficial use, reuse, or disposal site.\n\nC. The Director shall not issue a discharge permit if the\n\npermit:\n\n1. Would authorize the discharge of a radiological, chemical,\n\nor biological warfare agent, or high-level radioactive waste;\n\n2. Would result, in the judgment of the United States Secretary\n\nof the Army acting through the Chief of Engineers, in the\n\nsubstantial impairment of anchorage and navigation of any waters of\n\nthe United States as those waters are defined in the federal Clean\n\nWater Act;\n\n3. Is objected to in writing by the Administrator of the United\n\nStates Environmental Protection Agency or designee, pursuant to any\n\nright to object which is granted to the Administrator under Section\n\n402(d) of the federal Clean Water Act; or\n\n4. Would authorize a discharge from a point source which is in\n\nconflict with a plan approved under Section 208(b) of the federal\n\nClean Water Act.\n\nD. 1. Any records, reports, or information obtained pursuant\n\nto this section shall be available to the public, except that upon\n\nsubmission of sufficient evidence showing that records, reports, or\n\ninformation, or particular parts thereof, other than effluent data,\n\nif made public, would divulge methods or processes entitled to\n\nprotection as trade secrets of that person, the record, report, or\n\ninformation, or particular portion, shall be considered confidential\n\nin accordance with the purposes of the federal Uniform Trade Secrets\n\nAct.\n\n2. Nothing in this section shall prohibit the Department or an\n\nauthorized representative of the Department including, but not\nade public, would divulge methods or processes entitled to\n\nprotection as trade secrets of that person, the record, report, or\n\ninformation, or particular portion, shall be considered confidential\n\nin accordance with the purposes of the federal Uniform Trade Secrets\n\nAct.\n\n2. Nothing in this section shall prohibit the Department or an\n\nauthorized representative of the Department including, but not\n\nlimited to, any authorized contractor, from disclosing records,\n\nreports, or information to other officers, employees, or authorized\n\nrepresentatives of the State of Oklahoma or the United States\n\nconcerned with carrying out provisions of state or federal law under\n\ntheir respective jurisdictions or within their respective\n\nauthorities.\n\n3. Any records, reports, or information required to be\n\nsubmitted for permitting, compliance, or review that would not be\n\nconsidered confidential by the Environmental Protection Agency shall\n\nnot be kept confidential pursuant to this subsection.\n\nE. 1. The Board shall promulgate standard precautions for the\n\nprevention of the transmission of communicable diseases to humans\n\nand animals to be used when inspecting animal feeding operations.\n\n2. Except for emergency situations or when enforcement of a\n\npermit requires the use of the standard precautions, Department\n\nemployees shall observe the health standards and sanitary\n\nrequirements of the facility.","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":"f41e3d7e2ea9cec7e46ca11918905d6523334450a4444a503edef9bb2c1a6c28","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-2a-6","next":"us-ok/okla.-stat.-tit.-2-2-2a-8"},"notice":"GroundRules: Original legal text. Not legal advice."}