{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-109","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-109","heading":"Limitation on persons eligible for issuance, renewal","body":"or transfer of permit - Disclosure of information - Applicability.\n\nA. In order to protect the public health and safety and the\n\nenvironment of this state, the Department, pursuant to the Oklahoma\n\nHazardous Waste Management Act, shall not issue, renew, or transfer\n\na permit for a hazardous waste facility for treatment, storage,\n\nrecycling or disposal to any person who:\n\n1. Is not in substantial compliance with a final agency order\n\nor any final order or judgment of a court of record secured by any\n\nstate or federal agency relating to the generation, storage,\n\ntransportation, treatment, recycling or disposal of \"hazardous\n\nwaste\", as such term is defined by the Oklahoma Hazardous Waste\n\nManagement Act, or by the United States Environmental Protection\n\nAgency pursuant to the federal Resource Conservation and Recovery\n\nAct;\n\n2. Has evidenced a reckless disregard for the protection of the\n\npublic and the environment as demonstrated by a history of\n\nnoncompliance with environmental laws and rules resulting in\n\nendangerment of human health or the environment; or\n\n3. Has as an affiliated person any person who is described by\n\nparagraph 1 or 2 of this subsection.\n\nB. 1. Except as provided in paragraph 2 of this subsection,\n\nall applicants for the issuance, renewal or transfer of any\n\nhazardous waste permit, license, certification or operational\n\nauthority issued by the Department shall file a disclosure statement\n\nwith their applications.\n\n2. If the applicant is a publicly held company required to file\n\nperiodic reports under the Securities and Exchange Act of 1934, or a\n\nwholly owned subsidiary of a publicly held company, the applicant\n\nshall not be required to submit a disclosure statement, but shall\n\nsubmit the most recent annual and quarterly reports required by the\n\nSecurities and Exchange Commission, which provide information\n\nregarding legal proceedings in which the applicant has been\n\ninvolved. The applicant shall submit such other relevant\n\ninformation as the Department may require that relates to the\n\ncompetency, reliability, or responsibility of the applicant and\n\naffiliated persons.\n\nC. The Department is authorized to revoke, or to refuse to\n\nissue, to renew, or to transfer a permit for a hazardous waste\n\nfacility for treatment, storage, recycling or disposal to any person\n\nwho:\n\n1. Is not, due solely to the actions or inactions of the\n\napplicant or affiliated person, in substantial compliance with any\n\nfinal agency order or final order or judgment of a court of record\n\nsecured by the Department issued pursuant to the provisions of the\n\nOklahoma Hazardous Waste Management Act;\n\n2. Is not, due solely to the actions or inactions of the\n\napplicant or affiliated person, in substantial compliance with any\n\nfinal agency order or final order or judgment of a court of record\n\nsecured by any state or federal agency, as determined by that\n\nagency, relating to the generation, storage, transportation,\n\ntreatment, recycling or disposal of any \"hazardous waste\", as such\n\nterm is defined by the Oklahoma Hazardous Waste Management Act, or\n\nby the United States Environmental Protection Agency pursuant to the\n\nfederal Resource Conservation and Recovery Act;\n\n3. Has evidenced a history of a reckless disregard for the\n\nprotection of the public health and safety or the environment\n\nthrough a history of noncompliance with state or federal\n\nenvironmental laws, including without limitation the rules of the\n\nDepartment or the United States Environmental Protection Agency\n\nregarding the generation, storage, transportation, treatment,\n\nrecycling or disposal of any \"hazardous waste\", as such term is\n\ndefined by the Oklahoma Hazardous Waste Management Act, or by the\n\nUnited States Environmental Protection Agency pursuant to the\n\nfederal Resource Conservation and Recovery Act; or\nmitation the rules of the\n\nDepartment or the United States Environmental Protection Agency\n\nregarding the generation, storage, transportation, treatment,\n\nrecycling or disposal of any \"hazardous waste\", as such term is\n\ndefined by the Oklahoma Hazardous Waste Management Act, or by the\n\nUnited States Environmental Protection Agency pursuant to the\n\nfederal Resource Conservation and Recovery Act; or\n\n4. Has as an affiliated person any person who is described by\n\nparagraphs 1, 2 or 3 of this subsection.\n\nD. 1. An application for a permit for a hazardous waste\n\nfacility for treatment, storage, recycling or disposal or a renewal\n\nthereof shall be signed under oath by the applicant.\n\n2. The Department may refuse to renew, or may suspend or\n\nrevoke, a permit issued pursuant to the Oklahoma Hazardous Waste\n\nManagement Act for a hazardous waste facility for treatment,\n\nstorage, recycling or disposal to any person who has failed to\n\ndisclose or states falsely any information required pursuant to the\n\nprovisions of this section. Any person who willfully fails to\n\ndisclose or states falsely any such information, upon conviction,\n\nshall be guilty of a Class D1 felony offense and may be punished by\n\nimprisonment for not more than five (5) years or fined not more than\n\nOne Hundred Thousand Dollars ($100,000.00), or both such fine and\n\nimprisonment.\n\nE. Noncompliance with a final agency order or final order or\n\njudgment of a court of record which has been set aside by a court on\n\nappeal of such final order or judgment shall not be considered a\n\nfinal order or judgment for the purposes of this section.\n\nF. The Board shall promulgate rules pursuant to the\n\nAdministrative Procedures Act as may be necessary and appropriate to\n\nimplement the provisions of this section.\n\nG. The provisions of this section shall apply to:\n\n1. Any pending or future application for a permit for land\n\ndisposal or treatment of hazardous waste, except treatment at a\n\nfacility accepting hazardous waste exclusively for the purpose of\n\nconducting research and design tests; and\n\n2. Any application for a permit for hazardous waste treatment,\n\nstorage, recycling or disposal which is initially submitted to the\n\nDepartment after July 31, 1992, or which has not been determined by\n\nthe Department to be technically complete by December 31, 1993,\n\nregardless of the initial submittal date.","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":"89e5d70260a49a328063c90ea0f5cc0871b426596132c6acf6505aba1072c826","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-108","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-110"},"notice":"GroundRules: Original legal text. Not legal advice."}