{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-6-204","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-6-204","heading":"Authority of Executive Director - Issuance of","body":"discharge permits, conditions - Availability of records, reports or\n\nother information.\n\nA. Pollutant discharge permits issued by the Executive Director\n\nmay include schedules of compliance and such conditions as the\n\nExecutive Director may prescribe which:\n\n1. Prevent, control or abate pollution, including such water-\n\nquality-related and technology-based effluent limitations as are\n\nnecessary to protect the water quality and existing and designated\n\nbeneficial uses of the waters of the state;\n\n2. Require application of best practicable control technology\n\ncurrently available, best conventional pollutant control technology,\n\nor best available technology economically achievable or such other\n\nlimitations as the Executive Director may prescribe;\n\n3. Require compliance with national standards of performance,\n\ntoxic and pretreatment effluent standards;\n\n4. Set limitations or prohibitions designed to prohibit the\n\ndischarge of toxic pollutants in toxic amounts or to require\n\npretreatment of pollutants;\n\n5. Set interim compliance dates which are enforceable without\n\notherwise showing a violation of an effluent limitation or harm to\n\nwater quality;\n\n6. Set terms and conditions for sludge and land application of\n\nwastewater and for impoundments in accordance with rules promulgated\n\nby the Board; and\n\n7. Comply with the provisions of the Oklahoma Pollutant\n\nDischarge Elimination System Act and the requirements of the Clean\n\nWater Act.\n\nB. The Executive Director shall:\n\n1. Have authority to issue individual permits and\n\nauthorizations under general discharge permits for pollutants and\n\nstormwater and sludge as authorized by the Oklahoma Pollutant\n\nDischarge Elimination System Act;\n\n2. Issue permits for fixed terms not to exceed five (5) years;\n\n3. Have the authority to require in permits issued to publicly\n\nor privately owned treatment works conditions requiring the\n\npermittee to give notice to the Department of new introductions into\n\nsuch works of pollutants from any source which would be a new source\n\nas defined in Section 306 of the Clean Water Act or from a source\n\nwhich would be a point source subject to Section 301 of the Clean\n\nWater Act if it were discharging directly to waters of the state, a\n\nsubstantial change in volume or character of pollutants being\n\nintroduced into such works by a source introducing pollutants into\n\nsuch works at the time of issuance of the permit, or such other\n\nconditions as may be required under the Clean Water Act or state\n\nlaw;\n\n4. Have the authority to ensure compliance with Sections\n\n204(b), 307, and 308 and other provisions of the Clean Water Act and\n\nwith other applicable federal law;\n\n5. Have all necessary and incidental authority to comply with\n\nthe requirements of the Clean Water Act and requirements of the\n\nUnited States Environmental Protection Agency set forth in duly\n\npromulgated federal regulations adopted under the Clean Water Act;\n\n6. Have the authority to terminate or modify permits issued by\n\nthe Executive Director for cause, including but not limited to:\n\na. violation of any condition of the permit, including\n\nbut not limited to conditions related to monitoring\n\nrequirements, entry and inspections,\n\nb. obtaining a permit by misrepresentation, or failure to\n\ndisclose fully all relevant facts, or\n\nc. change in any condition that requires either a\n\ntemporary or permanent reduction or elimination of the\n\npermitted discharge;\n\n7. Have all necessary authority to implement and enforce\n\nDepartment programs and requirements established by the\n\nEnvironmental Quality Board in duly promulgated rules, including but\n\nnot limited to the authority to implement and enforce a statewide\n\npretreatment program required under federal law and regulations and\n\nto implement and enforce requirements applicable to dischargers into\nischarge;\n\n7. Have all necessary authority to implement and enforce\n\nDepartment programs and requirements established by the\n\nEnvironmental Quality Board in duly promulgated rules, including but\n\nnot limited to the authority to implement and enforce a statewide\n\npretreatment program required under federal law and regulations and\n\nto implement and enforce requirements applicable to dischargers into\n\nmunicipal separate storm sewer systems;\n\n8. Have all necessary or incidental authority to investigate\n\nand abate violations of permits issued by the Executive Director,\n\nviolations of administrative orders, violations of duly promulgated\n\nrules, and violations of the Oklahoma Pollutant Discharge\n\nElimination System Act, and shall have all necessary and incidental\n\nauthority to apply sanctions through administrative proceedings for\n\nviolations, including but not limited to violations of requirements\n\nto obtain permits, terms and conditions of permits, effluent\n\nstandards and limitations and water quality standards, and\n\nviolations of requirements for recording, reporting, monitoring,\n\nentry, inspection and sampling; and\n\n9. Have authority to require permits for indirect discharges or\n\nother introductions of pollutants to publicly owned treatment works,\n\nimpose pretreatment standards and other requirements upon users of\n\nsuch treatment works, and to enforce such permits and requirements\n\npursuant to Section 2-6-206 of this title.\n\nC. Authorized employees or representatives of the Department\n\nshall, upon presentation of credentials, 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. Access to at any reasonable time for the purposes of\n\nreviewing and copying any records required to be maintained;\n\n3. Authority to inspect any monitoring equipment, methods,\n\ndisposal systems or other facilities or equipment which may be\n\nrequired; and\n\n4. Access for the purpose of inspecting and sampling any\n\neffluent streams or any discharge of pollutants to waters of the\n\nstate or to treatment systems discharging into waters of the state\n\nor for inspection and sampling of any sludge source, storage,\n\nbeneficial use, reuse or disposal site.\n\nD. The Executive Director shall not issue a discharge permit if\n\nthe permit:\n\n1. Would authorize the discharge of a radiological, chemical or\n\nbiological warfare agent, or high-level radioactive waste;\n\n2. Would, in the judgment of the Secretary of the Army acting\n\nthrough the Chief of Engineers, result in the substantial impairment\n\nof anchorage and navigation of any waters of the United States as\n\nthose waters are defined in the Clean Water Act;\n\n3. Is objected to in writing by the Administrator of the United\n\nStates Environmental Protection Agency or his designee, pursuant to\n\nany right to object which is granted to the Administrator under\n\nSection 402(d) of the 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 Clean\n\nWater Act.\n\nE. Copies of records, plans, reports or other information\n\nrequired by the Department shall be submitted upon request and shall\n\nbe subject to and made available for inspection at reasonable times\n\nto any authorized representative of the Department of Environmental\n\nQuality upon showing of proper credentials. 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\nF. Any records, reports, or information obtained pursuant to\n\nthis 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,\ns or\n\nmemoranda pertaining to discharges, treatment, or other limitations\n\nset by permit, order or duly promulgated rules of the Board.\n\nF. Any records, reports, or information obtained pursuant to\n\nthis 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 such person, such record, report, or\n\ninformation, or particular portion thereof shall be considered\n\nconfidential in accordance with the purposes of the Uniform Trade\n\nSecrets Act. Nothing in this subsection shall prohibit the\n\nDepartment or an authorized representative of the Department,\n\nincluding, but not limited to, any authorized contractor, from\n\ndisclosing records, reports, or information to other officers,\n\nemployees, or authorized representatives of the State of Oklahoma or\n\nthe United States concerned with carrying out provisions of state or\n\nfederal law under their respective jurisdictions or within their\n\nrespective authorities.\n\nG. The Executive Director and any person designated by him to\n\napprove all or portions of permits, or to modify, revoke or reissue\n\npermits or to make any final decisions in the first instance or on\n\nappeal relating to permits or enforcement actions related thereto,\n\nshall be required to meet all requirements of Section 304 of the\n\nClean Water Act and federal 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":"6c82b99a7ff71c30a120facb3802e74e7849401e79ba3897c2b3be15494d3279","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-6-203","next":"us-ok/okla.-stat.-tit.-27a-27a-2-6-205"},"notice":"GroundRules: Original legal text. Not legal advice."}