{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-109","heading":"Variances - Petition - Incremental compliance","body":"schedule - Final order - Periodic reports.\n\nA. Any person seeking a variance from any provision of the\n\nOklahoma Clean Air Act, or from any applicable air quality rule,\n\nshall do so by filing a petition for variance with the Department,\n\nwho shall promptly investigate such petition and make a\n\nrecommendation to the Council as to the disposition thereof. Upon\n\nreceiving the recommendation of the Department, the Council may, in\n\nits discretion, determine whether or not an administrative hearing\n\nis necessary in granting a variance. Such hearing shall be held as\n\nprovided in the Administrative Procedures Act, except the burden of\n\nproof shall be on the petitioner. The petitioner shall be notified\n\nby the Department of the time and place of the administrative\n\nhearing.\n\nB. The Council may grant individual variances beyond the\n\nlimitations prescribed in the Oklahoma Clean Air Act, whenever it is\n\nfound, upon presentation of adequate proof, that compliance with any\n\nprovision of the Oklahoma Clean Air Act, or any rule promulgated\n\nthereunder, will result in an arbitrary and unreasonable taking of\n\nproperty or in the practical closing and elimination of any lawful\n\nbusiness, occupation or activity, in either case without sufficient\n\ncorresponding benefit or advantage to the people, the environment or\n\nto public health. The Council may also propose rules applicable to\n\nsuch variances.\n\nC. In determining under what conditions and to what extent a\n\nvariance from the Oklahoma Clean Air Act or any rule promulgated\n\nthereunder may be granted, the Council shall give due recognition to\n\nthe progress which the person requesting such variance shall have\n\nmade in eliminating or preventing air pollution. In such a case,\n\nthe Council shall consider the reasonableness of granting a variance\n\nconditioned upon such person effecting a partial abatement of the\n\nparticular air pollution over a period of time which it shall\n\nconsider reasonable under the circumstances.\n\nD. If the Council deems proper, such an incremental compliance\n\nschedule may be imposed and shall contain a date or dates certain by\n\nwhich compliance with otherwise applicable rules or provisions of\n\nthe Oklahoma Clean Air Act shall be achieved. The Council may also\n\ninclude provisions whereby a penalty of up to Ten Thousand Dollars\n\n($10,000.00) per day may be assessed for failure to achieve\n\ncompliance by the date(s) specified in the compliance schedule, if\n\nany, and taking into account conditions beyond the control of the\n\napplicant.\n\nE. The Council, in conformity with the intent and purpose of\n\nthe Oklahoma Clean Air Act to protect health, welfare and property,\n\nmay also prescribe other and different requirements with which the\n\nperson who receives such variance shall comply.\n\nF. Any variance granted pursuant to the provisions of this\n\nsection shall constitute a final order, shall be in writing, and\n\nshall be granted for a period of time not to exceed three (3) years.\n\nAny variance so granted shall require to be submitted to the\n\nDepartment such periodic reports as the Council shall specify as to\n\nthe progress which such person shall have made toward compliance\n\nwith any rule as to which a variance has been granted. Such\n\nvariance may, for good cause shown, be extended on a year-to-year\n\nbasis by affirmative action of the Council.\n\nG. Nothing in this section shall be construed to preclude the\n\ninformal disposition of any matter by stipulation, agreed\n\nsettlement, consent order or default.","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":"fd8eb14568279d2d632ed6d197b1893d17ca00dbf143cc8e70adca68c8d5bdb7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-108","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-110"},"notice":"GroundRules: Original legal text. Not legal advice."}