{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-10-501","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-10-501","heading":"Nonhazardous industrial solid waste landfills -","body":"Permit - Restrictions.\n\nA. The Department of Environmental Quality may issue a permit\n\nfor a landfill disposal site, which is not a hazardous waste\n\nfacility, which accepts unspecified nonhazardous industrial solid\n\nwaste, only under the following circumstances:\n\n1. The landfill is located outside of areas of principal\n\ngroundwater resource or recharge areas as determined and mapped by\n\nthe Oklahoma Geological Survey or is on a proposed site on property\n\nowned or operated by a person who also owns or operates a hazardous\n\nwaste facility or solid waste facility, on or contiguous to property\n\non which a hazardous waste facility or solid waste facility is\n\noperating pursuant to a permit and the site is designed to meet the\n\nmost environmentally protective solid waste rules promulgated by the\n\nEnvironmental Quality Board and includes a leachate collection\n\nsystem; or\n\n2. The landfill complies with all siting and public\n\nparticipation requirements as though the solid waste landfill were a\n\nhazardous waste landfill; or\n\n3. The site is proposed and designed as a nonhazardous\n\nindustrial solid waste landfill which will be owned, operated, or\n\nowned and operated by an industry or manufacturer for its exclusive\n\nnoncommercial use; or\n\n4. The landfill is owned or operated by a municipality or is a\n\nprivately owned landfill which regularly serves one or more\n\nmunicipalities and which has been accepting nonhazardous industrial\n\nsolid waste under approval of the Department.\n\nB. The provisions of this section shall apply to all pending\n\napplications for which final agency action has not been taken,\n\nfuture permit applications and facilities which are not fully\n\noperational.\n\nC. Except as otherwise provided in subsection A of this\n\nsection, the Department shall not allow a solid waste disposal site\n\nto accept any nonhazardous industrial solid waste type unless:\n\n1. Said site is permitted by the Department to accept such\n\nwaste type;\n\n2. The landfill is owned or operated by a municipality or is a\n\nprivately owned landfill which regularly serves one or more\n\nmunicipalities and which has been accepting nonhazardous industrial\n\nsolid waste under approval of the Department; or\n\n3. The site is proposed, designed, and permitted as a\n\nnonhazardous industrial solid waste monofill.\n\nD. 1. New landfills which accept nonhazardous industrial solid\n\nwaste shall not be constructed nor shall such existing landfills be\n\nexpanded which are located within a seismic impact zone unless the\n\napplicant demonstrates that all containment structures, including\n\nliners, leachate collection systems, and surface water control\n\nsystems, are designed to resist the maximum horizontal acceleration\n\nin lithified earth material for the site.\n\n2. No nonhazardous industrial solid waste landfill shall be\n\nlocated within five (5) miles of a known epicenter of an earthquake\n\nof more than 4.0 on the Richter Scale or a number V on the modified\n\nMercalli Scale as recorded by the Oklahoma Geological Survey.\n\n3. Landfill disposal sites that only receive ash generated by\n\nthe burning of coal for the purpose of generating electricity by\n\nelectric utilities and independent power producers are subject to\n\nparagraph 1 of this subsection. Otherwise, paragraphs 1 and 2 of\n\nthis subsection shall not apply to a nonhazardous industrial solid\n\nwaste landfill which is owned or operated by:\n\na. an industry or manufacturer and utilized for such\n\nindustry's or manufacturer's exclusive noncommercial\n\nuse, or\n\nb. a municipality, or is a privately owned landfill which\n\nregularly serves one or more municipalities, and which\n\nhas been accepting nonhazardous industrial solid waste\n\nunder approval of the Department.\n\nE. 1. Except as otherwise provided by this subsection, the\n\nDepartment shall not issue, amend or modify a permit to allow a\n\nsolid waste landfill to accept more than one type of nonhazardous\nor\n\nb. a municipality, or is a privately owned landfill which\n\nregularly serves one or more municipalities, and which\n\nhas been accepting nonhazardous industrial solid waste\n\nunder approval of the Department.\n\nE. 1. Except as otherwise provided by this subsection, the\n\nDepartment shall not issue, amend or modify a permit to allow a\n\nsolid waste landfill to accept more than one type of nonhazardous\n\nindustrial solid waste for disposal unless said landfill is equipped\n\nwith a composite liner and a leachate collection system designed and\n\nconstructed in compliance with rules promulgated by the Board.\n\n2. Any landfill which is owned, operated, or owned and operated\n\nby an industry or manufacturer and utilized for such industry's or\n\nmanufacturer's exclusive noncommercial use may be required to\n\ninstall a composite liner and a leachate collection system as\n\ndetermined to be necessary by the Department on a case-by-case\n\nbasis.\n\n3. The Department shall not require composite liners and\n\nleachate collection systems for any nonhazardous industrial solid\n\nwaste landfill initially licensed by the Department prior to July 1,\n\n1992, which is owned and operated by an industry or manufacturer and\n\nutilized for such industry's or manufacturer's exclusive\n\nnoncommercial use.\n\nF. No limitation shall be placed on the percentage of\n\nnonhazardous industrial solid waste that may be accepted for\n\ndisposal at solid waste landfills which have a composite liner and a\n\nleachate collection system designed and constructed in compliance\n\nwith rules promulgated by the Board.\n\nG. Solid waste disposal site operators shall submit to the\n\nDepartment an itemized monthly report of the type, quantity and\n\nsource of nonhazardous industrial solid waste accepted the previous\n\nmonth. Solid waste disposal sites that are owned and operated by an\n\nindustry or manufacturer which are utilized for such industry's or\n\nmanufacturer's exclusive noncommercial use are not required to\n\nsubmit monthly reports to the Department but shall maintain in the\n\noperating record information regarding the type and quantity of\n\nnonhazardous industrial waste accepted each month. Information\n\nmaintained in the operating record shall be made available to the\n\nDepartment upon request.\n\nH. 1. Before sending waste identified as nonhazardous\n\nindustrial solid waste for disposal in an Oklahoma solid waste\n\nlandfill, a certification that the waste is not a hazardous waste as\n\nsuch term is defined in the Oklahoma Hazardous Waste Management Act\n\nshall be submitted to the Department. Such certification shall be\n\nmade by:\n\na. the original generator,\n\nb. a person who identifies and is under contract with a\n\ngenerator and whose activities under the contract\n\ncause the waste to be generated,\n\nc. a party to a remediation project under an order of the\n\nDepartment or under the auspices of the Oklahoma\n\nEnergy Resources Board or other agencies of other\n\nstates, or\n\nd. a person responding to an environmental emergency.\n\n2. The Department may require the certifier to substantiate the\n\ncertification by appropriate means, when it is reasonable to believe\n\nsuch waste may be hazardous. Such substantiation may include\n\nMaterial Safety Data Sheets, an explanation of specific technical\n\nprocess knowledge adequate to identify that the waste is not a\n\nhazardous waste, or laboratory analysis.\n\nI. Any generator seeking to exclude a specific nonhazardous\n\nindustrial solid waste, which is also an inert waste, from the\n\nprovisions of this section may petition the Department for a\n\nregulatory exclusion. The generator shall demonstrate to the\n\nsatisfaction of the Department that the waste is inert and that it\n\nmay be properly disposed.\n\nJ. Unless otherwise specified in this section, by January 1,\n\n1993, solid waste landfills existing on the effective date of this\n\nsection which are required by this section to utilize composite\nf this section may petition the Department for a\n\nregulatory exclusion. The generator shall demonstrate to the\n\nsatisfaction of the Department that the waste is inert and that it\n\nmay be properly disposed.\n\nJ. Unless otherwise specified in this section, by January 1,\n\n1993, solid waste landfills existing on the effective date of this\n\nsection which are required by this section to utilize composite\n\nliners and leachate collection systems and are not doing so shall\n\ncease to accept nonhazardous industrial solid waste.\n\nK. Notwithstanding any other provision of the Oklahoma Solid\n\nWaste Management Act, no solid waste permit shall be required for an\n\nincineration facility burning nonhazardous solid waste for the\n\npurpose of disposing of the waste if:\n\n1. The incinerator has an air quality permit from the\n\nDepartment;\n\n2. Storage of waste at the site prior to incineration is\n\nlimited to the lesser of twenty (20) tons or the volume reasonably\n\nexpected to be incinerated within ten (10) days, considering the\n\nnature of the waste and the manufacturer's approved charge rate for\n\nthe incinerator;\n\n3. The waste is stored at a location and managed in a manner\n\nwhich minimizes the risk of a release, exposure or other incident\n\nwhich could threaten human health or the environment, including the\n\nstorage of liquids within adequate secondary containment;\n\n4. All ashes and residues from the incineration process are\n\nmanaged in accordance with applicable statutes and rules; and\n\n5. a. The incinerator is owned and operated by a business or\n\nindustry for the incineration of its own waste\n\nexclusively, or\n\nb. The waste feed rate of the incinerator does not exceed\n\nfive (5) tons per day.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cbec0066e48efb364525d8f8d2ecca6eb52c99637363e1261bfe3fcc8da761a9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-10-405","next":"us-ok/okla.-stat.-tit.-27a-27a-2-10-503"},"notice":"GroundRules: Original legal text. Not legal advice."}