{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-10-802","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-10-802","heading":"Scales - Fees, reimbursement, exemptions -","body":"Expenditure of funds - Annual report.\n\nA. 1. Owners or operators of landfill disposal sites which are\n\nnot generator-owned and -operated nonhazardous industrial waste\n\nmonofills and owners or operators of commercial incinerators shall\n\ninstall scales. Such scales shall be installed on or within five\n\n(5) miles of the landfill disposal site or incinerator and shall be\n\ntested and certified as required by Section 14-35 of Title 2 of the\n\nOklahoma Statutes relating to the authority of the State Board of\n\nAgriculture to test the standards of weights and measures within the\n\nstate and to approve if found to be correct. For purposes of this\n\nsection, any reference to \"incinerator\" or \"incineration\" shall\n\nencompass waste-to-energy facilities that produce recoverable energy\n\nby high-temperature combustion.\n\n2. The owner or operator shall upon receipt weigh all waste\n\nreceived and record the weight in writing. If scales at a disposal\n\nsite or incinerator are not operative, tonnage shall be estimated on\n\na volume basis whereby the volume reported shall be no less than the\n\nvolume capacity of the containers or, if none, of the vehicles\n\ndelivering the waste, and one cubic yard of solid waste shall be\n\ncalculated to weigh one-third (1/3) ton. The owner or operator\n\nshall place notice in the operating record of the disposal site or\n\nincinerator of the time and date at which the scales became\n\ninoperable, describe the steps taken to repair them, and note the\n\ndate use was resumed. If daily use has not resumed within thirty\n\n(30) days after the scales became inoperable, the owner or operator\n\nshall give written notice to the Department of Environmental\n\nQuality.\n\n3. The owner or operator shall also maintain a written record\n\nof the weight or volume of any solid waste received which is\n\nproductively reused or recovered in materially the same form as when\n\nreceived and sold in accordance with the permit for the landfill\n\ndisposal site or incinerator.\n\n4. The scale location restriction of this subsection shall not\n\napply to federal or state military installations so long as:\n\na. the scales are located within the physical boundary of\n\nthat installation, and\n\nb. the disposal site or incinerator receives waste only\n\nfrom that military installation.\n\nB. 1. Except as otherwise provided by this subsection:\n\na. owners and operators of landfill disposal sites or\n\ncommercial incinerators which receive an average of\n\nless than one hundred (100) tons of solid waste per\n\noperating day shall assess a fee of One Dollar and\n\nfifty cents ($1.50) per ton of solid waste received\n\nfor disposal or incineration. A total of fifty cents\n\n($.50) per ton of such fee shall be retained by the\n\nowner or operator and used exclusively for capital\n\nimprovement to their facilities and for the projects\n\nrequired pursuant to the Oklahoma Solid Waste\n\nManagement Act or the permit for the disposal site or\n\nincinerator for such period of time necessary to\n\nrecoup a capital investment, plus the interest costs\n\nexpended in purchasing the scales, of a total of Forty\n\nThousand Dollars ($40,000.00),\n\nb. when the owner or operators have recouped a capital\n\ninvestment of the total specified in subparagraph a of\n\nthis paragraph, the fee to be assessed shall be One\n\nDollar and twenty-five cents ($1.25) per ton of solid\n\nwaste received for disposal or incineration. At such\n\ntime, for a return with remittance filed on or before\n\nthe due date, the owner or operator may deduct and\n\nretain ten percent (10%) of the fees collected, and\n\nc. records documenting the projects and use of the funds\n\nshall be included with each return.\n\n2. a. Owners and operators of landfill disposal sites or\n\ncommercial incinerators which receive an average of\n\nmore than one hundred (100) tons of solid waste per\n\noperating day shall assess a fee of One Dollar and\nthe owner or operator may deduct and\n\nretain ten percent (10%) of the fees collected, and\n\nc. records documenting the projects and use of the funds\n\nshall be included with each return.\n\n2. a. Owners and operators of landfill disposal sites or\n\ncommercial incinerators which receive an average of\n\nmore than one hundred (100) tons of solid waste per\n\noperating day shall assess a fee of One Dollar and\n\nfifty cents ($1.50) per ton of solid waste received\n\nfor disposal or incineration, retaining twenty-five\n\ncents ($0.25) per ton for a period of time necessary\n\nto recoup a capital investment, plus the interest\n\ncosts expended in purchasing the scales, of Forty\n\nThousand Dollars ($40,000.00). At the end of such\n\nperiod the fee shall revert to One Dollar and twenty-\n\nfive cents ($1.25) per ton. For a return with\n\nremittance filed on or before the due date, the owner\n\nor operator may deduct and retain ten percent (10%) of\n\nthe fees collected.\n\nb. Records documenting the capital investment and the use\n\nof the funds shall be included with each return.\n\n3. Owners and operators of commercial composting facilities\n\nshall assess a fee of One Dollar and twenty-five cents ($1.25) per\n\nton of all composting material received.\n\n4. a. Owners and operators of landfill disposal sites or\n\ncommercial incinerators may be reimbursed for capital\n\ninvestment costs that have been or will be expended\n\nfor the purchase and installation of a wheel wash\n\nsystem for use at the landfill disposal site or\n\ncommercial incinerator facility. To be eligible to\n\nclaim this reimbursement, the owner or operator must\n\nnotify the Department no later than January 1, 2011,\n\nof the intent to claim the reimbursement, and the\n\nwheel wash system must be in place and operational no\n\nlater than January 1, 2012. Reimbursement shall be\n\npaid only after the wheel wash system is installed and\n\noperational and each landfill disposal site or\n\ncommercial incinerator shall be eligible for\n\nreimbursement for only one wheel wash system.\n\nb. The owner or operator shall provide records\n\ndocumenting the capital investment costs of the wheel\n\nwash system to the Department.\n\nc. At such time as the wheel wash system is in place and\n\noperational and the capital investment costs have been\n\napproved by the Department, the Department shall\n\nreimburse the owner or operator the approved costs,\n\nsubject to the limitations in subparagraph d of this\n\nparagraph. The Department shall reimburse eligible\n\napplicants in the order of approval until that\n\nlimitation has been reached. If there are multiple\n\neligible applicants awaiting reimbursement, the\n\nDepartment shall apportion the reimbursement amount\n\namong the eligible applicants according to the capital\n\ninvestment costs approved by the Department.\n\nd. If the total amount reimbursed to all eligible owners\n\nand operators reaches Fifty Thousand Dollars\n\n($50,000.00) within any state fiscal year, the\n\nDepartment shall notify the owners and operators, and\n\nthereafter the owners and operators shall not receive\n\nany reimbursement until the next state fiscal year.\n\ne. The Environmental Quality Board is authorized to\n\npromulgate rules as necessary to implement the\n\nprovisions of the Solid Waste Management Act,\n\nincluding rules specifying minimum standards or other\n\ncriteria for wheel wash systems necessary to qualify\n\nfor the reimbursement.\n\n5. The fee assessed by paragraph 1 or 2 of this subsection\n\nshall not be imposed on:\n\na. the solid waste received which is productively reused\n\nor recovered in materially the same form as when\n\nreceived in accordance with the permit for the\n\nlandfill disposal site or incinerator. The owner or\n\noperator shall include records pertaining to this fee\n\nexemption in the quarterly return of fees to the\n\nDepartment,\n\nb. generator-owned and -operated nonhazardous waste land\n\ndisposal monofills and waste subject to a fee pursuant\noductively reused\n\nor recovered in materially the same form as when\n\nreceived in accordance with the permit for the\n\nlandfill disposal site or incinerator. The owner or\n\noperator shall include records pertaining to this fee\n\nexemption in the quarterly return of fees to the\n\nDepartment,\n\nb. generator-owned and -operated nonhazardous waste land\n\ndisposal monofills and waste subject to a fee pursuant\n\nto Section 2-10-803 of this title. For emergencies\n\nand other special events, the Department and the owner\n\nor operator of a site subject to this section may\n\nenter into a formal agreement to waive the fee, and\n\nc. ash produced as a result of the combustion in a\n\ncommercial incinerator of waste on which the fee\n\nimposed by this section has been paid.\n\n6. Large industrial waste generators who generate over ten\n\nthousand (10,000) tons of nonhazardous industrial solid waste in the\n\nstate in a calendar year may annually apply to the Department for a\n\ncertificate exempting the disposal or incineration of such generated\n\nwaste in excess of ten thousand (10,000) tons from the disposal and\n\nincineration fee authorized by this section. An applicant must have\n\nimplemented a pollution prevention plan for such waste and filed it\n\nwith the Department, provided operational documentation regarding\n\nsuch plan and paid the disposal and incineration fee on ten thousand\n\n(10,000) tons of the waste during the calendar year of application.\n\nThe Department-issued exemption certificates shall be valid for the\n\nremainder of the calendar year of application, may contain\n\nconditions, and, upon presentation by authorized persons, shall be\n\nrecognized by owners or operators of landfill disposal sites and\n\nincinerators subject to this section. If a generator operates a\n\nlandfill or incinerator solely for waste from that generator, and if\n\nthat generator chooses to seek the exemption authorized by this\n\nparagraph, the generator shall not be required to install scales or\n\nkeep records relative to quantity of waste received for the landfill\n\nor incinerator.\n\n7. The fee assessed by paragraph 1 or 2 of this subsection\n\nshall be imposed for all nonhazardous solid wastes accepted for\n\ndisposal at a site or facility to which a solid waste or hazardous\n\nwaste permit has been issued by the Department of Environmental\n\nQuality, and is to be a charge to waste producers in addition to any\n\ncharges specified in any contract or elsewhere. The fee shall be\n\nimposed upon and passed through to disposers of waste using the\n\nfacility.\n\n8. The owner or operator of a solid waste disposal site or\n\nincinerator and the owner or operator of a commercial composting\n\nfacility shall collect the fee levied pursuant to this subsection as\n\ntrustee for the state and shall prepare and file with the Department\n\nquarterly returns indicating:\n\na. the total tonnage of solid wastes or material for\n\ncomposting received for disposal, incineration or\n\ncomposting at the gate of the site, and\n\nb. the total amount of the fees collected pursuant to\n\nthis section.\n\n9. Not later than thirty (30) days after the end of the quarter\n\nto which such a return applies, the owner or operator shall mail to\n\nthe Department the return for that quarter together with the fees\n\ncollected during that quarter as indicated on the return.\n\n10. The owner or operator may receive an extension of not more\n\nthan thirty (30) days for filing the return and remitting the fees,\n\nprovided that:\n\na. the owner or operator has submitted a request for an\n\nextension in writing to the Department together with a\n\ndetailed description of why the extension is\n\nrequested,\n\nb. the Department has received the request not later than\n\nthe day on which the return is required to be filed,\n\nand\n\nc. the Department has approved the request.\n\n11. For any quarterly return filed more than thirty (30) days\nwriting to the Department together with a\n\ndetailed description of why the extension is\n\nrequested,\n\nb. the Department has received the request not later than\n\nthe day on which the return is required to be filed,\n\nand\n\nc. the Department has approved the request.\n\n11. For any quarterly return filed more than thirty (30) days\n\nafter the last day of the quarter or extension date, the owner or\n\noperator shall remit an additional five percent (5%) of the fees\n\ncollected during the month to which the return applies. If the fees\n\nare not remitted within sixty (60) days of the last day of the\n\nquarter during which they were collected, the owner or operator\n\nshall pay an additional fifteen percent (15%) of the amount of the\n\nfees for each month that they are late.\n\n12. If the owner or operator misrepresents, or fails to\n\nproperly measure or record, the amount of waste received or fails to\n\nremit fees within sixty (60) days after the last day of the quarter\n\nduring which they were collected, the permit for the landfill\n\ndisposal site, incinerator or commercial composting facility shall\n\nbe summarily suspended by order and the Department shall initiate\n\nthe process of revoking the permit and may require closure of the\n\nlandfill, incinerator or commercial composting facility.\n\nC. 1. The Department shall expend funds collected pursuant to\n\nthe provisions of this section solely for the administration and\n\nenforcement of the provisions of the Oklahoma Solid Waste Management\n\nAct and for the development of solid waste technical assistance\n\nprograms, solid waste public environmental education programs and\n\neducational curricula, solid waste studies, development of a\n\nstatewide solid waste plan, solid waste recycling and litter\n\nprevention programs, and other environmental improvements.\n\n2. In order to assist the Department of Environmental Quality\n\nregarding its responsibilities relating to the promotion of\n\nrecycling of solid waste, each fiscal year the Department shall\n\ncontract with units of local government, political subdivisions of\n\nthis state, components of The Oklahoma State System of Higher\n\nEducation, local and statewide organizations representing\n\nmunicipalities or counties, or substate planning districts\n\nrecognized by the Oklahoma Department of Commerce, for up to a total\n\nof One Hundred Thousand Dollars ($100,000.00) and to the extent such\n\nmonies are available for projects promoting the recycling of solid\n\nwaste. Local governments, political subdivisions of this state,\n\ncomponents of The Oklahoma State System of Higher Education, local\n\nand statewide organizations representing municipalities and counties\n\nand substate planning districts recognized by the Oklahoma\n\nDepartment of Commerce desiring to contract with the Department for\n\nsuch projects shall meet the application requirements of rules\n\npromulgated by the Environmental Quality Board and the criteria\n\nestablished by a recycling priorities plan prepared annually by the\n\nDepartment after review and comment by the Solid Waste Management\n\nAdvisory Council. Except as otherwise provided by this section,\n\ncontracts for such projects shall not be granted to state agencies.\n\n3. Any litter prevention program shall be developed by the\n\nDepartment in conjunction with the Department of Transportation.\n\n4. a. To the extent that funds are available, the Department\n\nmay also reimburse any governmental entity for\n\nequipment other than motor vehicles or buildings to\n\nseparate, process, modify, convert or treat solid\n\nwaste or recovered materials so that the resulting\n\nproduct is being used in a productive manner.\n\nb. The reimbursements shall be from solid waste fee funds\n\nand shall not exceed twenty-five percent (25%) of the\n\nperson's total project costs. No reimbursement may be\n\nlarger than Twenty Thousand Dollars ($20,000.00).\nmotor vehicles or buildings to\n\nseparate, process, modify, convert or treat solid\n\nwaste or recovered materials so that the resulting\n\nproduct is being used in a productive manner.\n\nb. The reimbursements shall be from solid waste fee funds\n\nand shall not exceed twenty-five percent (25%) of the\n\nperson's total project costs. No reimbursement may be\n\nlarger than Twenty Thousand Dollars ($20,000.00).\n\nc. Reimbursements must be expended in accordance with\n\nrules promulgated by the Environmental Quality Board\n\nand criteria established through the Department's\n\nannual recycling priorities plan. The Department\n\nshall not expend more than Two Hundred Thousand\n\nDollars ($200,000.00) in each fiscal year for such\n\nreimbursements, nor shall the Department reimburse\n\nused tire recycling facilities that may be eligible\n\nfor compensation from the Used Tire Recycling\n\nIndemnity Fund.\n\n5. a. The Department, in conjunction with the Corporation\n\nCommission, the Oklahoma Energy Resources Board and\n\nthe Oklahoma Conservation Commission, may develop a\n\nplan to use suitable portions of the solid waste\n\nstream to reclaim Oklahoma lands damaged by oil and\n\ngas exploration and production or by mining\n\nactivities.\n\nb. To the extent that funds are available, the Department\n\nmay use up to ten percent (10%) of the annual income\n\nfrom the fees received pursuant to the provisions of\n\nthis section to implement the plan. The Department\n\nmay use its discretion in administering the funds for\n\nthe purpose of this paragraph, but shall keep records\n\nsubject to audit by the State Auditor and Inspector\n\nfor good business practices.\n\n6. a. To the extent that funds are available, after having\n\nreasonably met other specified uses of the solid waste\n\nfund, the Department is authorized to expend up to\n\nfive percent (5%) of the total annual solid waste fee\n\nincome for the purpose of making incentive payments to\n\nany person, firm or corporation located in this state\n\ngenerating energy by utilizing solid waste landfill\n\nmethane or steam produced by a commercial incinerator.\n\nb. The Environmental Quality Board shall promulgate rules\n\nto administer the provisions of this paragraph.\n\nc. No person, firm or corporation shall be eligible to\n\nreceive incentive payments as provided in subparagraph\n\na of this paragraph for more than three (3) years.\n\nThe amount of such payments shall be determined by the\n\nDepartment based on the amount of energy generated and\n\nthe cost of production.\n\nD. The provisions of this section shall not apply to landfill\n\ndisposal sites that receive only ash generated by the burning of\n\ncoal.\n\nE. On or before September 1 of each year, the Department of\n\nEnvironmental Quality shall prepare a report of income and\n\nexpenditures for the period of each fiscal year in which solid waste\n\nfee monies authorized by this section were received and such report\n\nshall be distributed to members of the Solid Waste Management\n\nAdvisory Council for review. By November 1 of each year, the\n\nCouncil shall submit to the Executive Director, Governor, Speaker of\n\nthe House of Representatives and President Pro Tempore of the Senate\n\nits written comments on the comparison of income with program\n\nexpenditures.","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":"0ec3197fa6dc91a2ed1157a2bf69784a50f3296214cadcbd0819bdc097b4222d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-10-801.2","next":"us-ok/okla.-stat.-tit.-27a-27a-2-10-802.1"},"notice":"GroundRules: Original legal text. Not legal advice."}