{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-105","heading":"Powers and duties of Department of Environmental","body":"Quality.\n\nThe Department of Environmental Quality shall have the power and\n\nduty to:\n\n1. Issue permits for the construction and operation and for the\n\npost-closure, maintenance and monitoring of hazardous waste\n\nfacilities;\n\n2. Provide the owner or operator of a hazardous waste facility\n\na list of all materials which the Department deems acceptable for\n\ntreatment, recycling, storage, and disposal at the facility;\n\n3. Make periodic inspections of hazardous waste facilities and\n\nrecycling, transporting, and generating facilities to determine the\n\nextent of compliance with the Oklahoma Hazardous Waste Management\n\nAct and rules promulgated thereunder, and orders, permits and\n\nlicenses issued pursuant thereto;\n\n4. Develop, maintain, and monitor public records of the source\n\nand amount of hazardous waste generated in Oklahoma and the methods\n\nused to dispose of, recycle, or treat said waste or material;\n\n5. Require and prescribe manifest forms to all persons\n\ngenerating and transporting hazardous waste off-site for storage,\n\nrecycling, treatment, or disposal;\n\n6. Require periodic reports or manifest certifications\n\nregarding such programs and efforts to reduce the volume or quantity\n\nand toxicity of such hazardous waste as may be required by or\n\npursuant to authority of the Oklahoma Hazardous Waste Management\n\nAct;\n\n7. Require reports from all operators of hazardous waste\n\nfacilities who receive hazardous waste for treatment or storage or\n\ndisposal, listing the amount, transporter, and generator of all\n\nhazardous waste received. Such reports are to be made on at least a\n\nmonthly or quarterly basis, as designated by the Department;\n\n8. Approve or disapprove methods of disposal of hazardous\n\nwaste, and may prohibit certain specific disposal practices\n\nincluding, but not limited to, any type of land disposal of any form\n\nof such waste. Land disposal includes, but is not limited to,\n\nlandfills, surface impoundments, waste piles, deep injection wells,\n\nland treatment facilities, salt dome and bed formations and\n\nunderground mines or caves;\n\n9. Inform persons generating hazardous waste of available,\n\nalternative methods of disposal of such waste;\n\n10. Develop a system to provide information on recyclable\n\nwastes to potential users of such materials. Such information shall\n\nnot include any information which the Department deems confidential\n\nor private in nature;\n\n11. Cooperate and share information with the U.S. Environmental\n\nProtection Agency;\n\n12. Prepare an emergency response plan for spills of hazardous\n\nwaste and for spills of hazardous materials;\n\n13. Make information obtained by the Department regarding\n\nhazardous waste facilities and sites available to the public in\n\nsubstantially the same manner, and to the same degree, as would be\n\nthe case if the hazardous waste program in this state were being\n\ncarried out by the U.S. Environmental Protection Agency;\n\n14. Develop rules with respect to any existing surface\n\nimpoundment or landfill or class of surface impoundments or\n\nlandfills from which the Department determines hazardous waste may\n\nmigrate into groundwater, impose such requirements, including but\n\nnot limited to double liners and leachate detection and collection\n\nsystems, as may be necessary to protect human health and the\n\nenvironment;\n\n15. Prohibit or restrict the use of any specific disposal\n\nmethods or practices for specific hazardous waste material,\n\nsubstances or classes, as may be necessary to protect human health\n\nand the environment;\n\n16. Identify areas within the state which are unsuitable for\n\nspecific hazardous waste disposal methods, and deny permits for such\n\ndisposal methods in such areas;\n\n17. Issue a one-year research development and demonstration\n\npermit for any treatment facility which proposes an innovative and\n\nexperimental hazardous waste treatment technology or process not yet\nt human health\n\nand the environment;\n\n16. Identify areas within the state which are unsuitable for\n\nspecific hazardous waste disposal methods, and deny permits for such\n\ndisposal methods in such areas;\n\n17. Issue a one-year research development and demonstration\n\npermit for any treatment facility which proposes an innovative and\n\nexperimental hazardous waste treatment technology or process not yet\n\nregulated. Permits may be renewed no more than three times. No\n\nrenewal may exceed one (1) year;\n\n18. Waive or modify general permit application and issuance\n\nrequirements for research and development permits, except for\n\nfinancial responsibility and public participation requirements;\n\n19. Terminate experimental activity if necessary to protect\n\nhuman health and the environment;\n\n20. Require oil recycling facilities using hazardous waste to\n\nhave a hazardous waste facility permit;\n\n21. Issue permits containing any conditions necessary to\n\nprotect human health and the environment;\n\n22. Issue permits for the storage of hazardous waste in\n\nunderground tanks;\n\n23. Require groundwater monitoring for any landfill, surface\n\nimpoundment, land treatment site or pile;\n\n24. Determine and enforce penalties for violations of the\n\nOklahoma Hazardous Waste Management Act and rules promulgated\n\nthereunder;\n\n25. Evaluate the benefit of rules governing labeling practices\n\nfor any containers used for the disposal, storage, or transportation\n\nof hazardous waste which accurately identify such waste, and govern\n\nthe use of appropriate containers for such waste not otherwise\n\nregulated by the federal government;\n\n26. Monitor research and development regarding methods of the\n\nhandling, storage, use, processing, and disposal of hazardous waste;\n\n27. Cooperate with existing technical reference centers on\n\nhazardous waste disposal, recycling practices, and related\n\ninformation for public and private use;\n\n28. Monitor research in the technical and managerial aspects of\n\nmanagement and use of hazardous waste and recycling and recovery of\n\nresources from hazardous wastes;\n\n29. Determine existing rates of production of hazardous waste;\n\n30. Promote recycling and recovery of resources from hazardous\n\nwastes;\n\n31. Encourage the reduction or exchange, or both, of hazardous\n\nwaste; and\n\n32. Cooperate with an existing information clearinghouse, to\n\ndevelop records of recyclable waste. Every generator of hazardous\n\nwaste shall supply the Department with information for the\n\nclearinghouse. Each generator shall not be required to supply any\n\nmore information than is required by the manifests. The Department\n\nshall make this information available to persons who desire to\n\nrecycle the wastes. The information shall be made available in such\n\na way that the trade secrets of the producer are protected.","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":"75dd689d43da5daf2c66ef94063e417519b744d7c944ee6a00e3af444bd8f24c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-104","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-106"},"notice":"GroundRules: Original legal text. Not legal advice."}
