{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-6-203","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-6-203","heading":"Powers and duties of Board - Authority of Department","body":"A. The Board shall have the power and duty to promulgate rules\n\nimplementing or effectuating the Oklahoma Pollutant Discharge\n\nElimination System Act. Such rules may incorporate by reference any\n\napplicable rules, regulations and policies of the United States\n\nEnvironmental Protection Agency adopted under the Clean Water Act.\n\nAny such rules shall be in reasonable accord with the United States\n\nEnvironmental Protection Agency regulations and policies, including\n\nbut not limited to rules which:\n\n1. Allow the inclusion of technology-based effluent limitations\n\nand require water-quality-related effluent limitations in discharge\n\npermits to the extent necessary to protect the designated and\n\nexisting beneficial uses of the waters of the state and to comply\n\nwith the requirements of the Clean Water Act;\n\n2. Establish pretreatment standards and standards for the\n\nremoval of toxic materials and pollutants from effluent discharges\n\nand establish procedures and programs necessary to implement and\n\nenforce such standards and ensure compliance with applicable federal\n\nregulations;\n\n3. Apply applicable national standards of performance\n\npromulgated pursuant to Section 306 of the Clean Water Act in\n\nestablishing terms and conditions of Executive Director issued\n\npermits;\n\n4. Prohibit or control the discharge of pollutants into wells\n\nwithin the jurisdiction of the Department of Environmental Quality;\n\n5. Develop or assist in development of any effluent limitation\n\nor other limitation, prohibition, or effluent regulation;\n\n6. Establish procedures, including, but not limited to, notice\n\nand opportunity for public hearing, which provide that whenever the\n\nowner or operator of any point source discharge can demonstrate to\n\nthe satisfaction of the Executive Director that any effluent\n\nlimitation proposed for the control of the thermal component of any\n\ndischarge from such source will require effluent limitations more\n\nstringent than necessary to assure the protection and propagation of\n\na balanced, indigenous population of shellfish, fish and wildlife in\n\nand on the body of water into which the discharge is to be made, the\n\nExecutive Director may impose an effluent limitation for such\n\ndischarge, taking into account the interaction of such thermal\n\ncomponent with other pollutants, that will assure the protection and\n\npropagation of a balanced, indigenous population of shellfish, fish\n\nand wildlife in and on that body of water;\n\n7. Ensure that the public and any other state, the waters of\n\nwhich may be affected, receive notice of each application for a\n\ndischarge permit;\n\n8. Ensure that any other state, the waters of which may be\n\naffected by the activities allowed by a proposed permit, may submit\n\nwritten recommendations on the application to the Department. The\n\nrules shall provide that if such recommendations or any parts\n\nthereof are not adopted, the Department will notify the affected\n\nstate in writing and shall provide the reasons therefor;\n\n9. Establish a fee schedule to implement the provisions of the\n\nOklahoma Pollutant Discharge Elimination System Act; and\n\n10. Establish management standards for sludge which are no less\n\nstringent than applicable federal regulations and establish\n\nprocedures and requirements necessary to ensure compliance with\n\napplicable 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\nestablish, maintain and submit plans, specifications, records, and\n\nother data relative to disposal systems or any part thereof, in\n\nconnection with the issuance of discharge permits or in connection\n\nwith any permit, purposes or requirements of the Oklahoma Pollutant\n\nDischarge Elimination System Act, to make reports, to install,\nr the\n\ntreatment, storage, discharge or transport of pollutants to\n\nestablish, maintain and submit plans, specifications, records, and\n\nother data relative to disposal systems or any part thereof, in\n\nconnection with the issuance of discharge permits or in connection\n\nwith any permit, purposes or requirements of the Oklahoma Pollutant\n\nDischarge Elimination System Act, to make reports, to install,\n\ncalibrate, use and maintain monitoring equipment or methods\n\nincluding biological monitoring methods, take samples of effluents\n\nin such manner as may be prescribed, and provide such other\n\ninformation as may be reasonably required;\n\n2. Take all actions which 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 Clean Water Act and other applicable federal law. The Executive\n\nDirector shall issue permits for the discharge of pollutants and\n\nstorm water from facilities and activities within its areas of\n\nenvironmental jurisdiction specified in Section 1-3-101 of this\n\ntitle;\n\n3. Take necessary and appropriate actions to revoke and\n\nreissue, modify, suspend, or otherwise administer and enforce\n\ndischarge permits and sludge permits issued by the United States\n\nEnvironmental Protection Agency which are transferred to the\n\nDepartment upon federal authorization of the Department's program;\n\nand\n\n4. Exercise all necessary incidental powers which are necessary\n\nand proper to carry out the purposes of the Oklahoma Pollutant\n\nDischarge Elimination System Act and to comply with the requirements\n\nof the Clean Water Act and the requirements of the United States\n\nEnvironmental Protection Agency regulations promulgated thereunder.","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":"2feedf0cb02a096cd867ffb2574309cf4175e27d8ec47f707777e9ea1c694092","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-6-202","next":"us-ok/okla.-stat.-tit.-27a-27a-2-6-204"},"notice":"GroundRules: Original legal text. Not legal advice."}
