{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-111","heading":"Prohibited disposal - Hazardous waste facility for","body":"on-site or off-site treatment, recycling, storage or disposal.\n\nA. The practice of plowing hazardous waste into the soil\n\nsurface for the purpose of disposal is hereby prohibited except\n\npursuant to a plan approved by the Department of Environmental\n\nQuality for biodegradable or inert material. In addition, the site\n\nused for such disposal shall not be subject to flooding or extensive\n\nerosion. The administrative permit hearing provisions of Sections\n\n2-7-113, 2-7-113.1 and 2-14-304 of this title shall not apply to\n\nsoil farming operations conducted on the generator's plant site or\n\nnearby property under the control of the generator.\n\nB. A hazardous waste facility for on-site treatment, recycling\n\nor storage shall not be sited in or over a principal groundwater\n\nresource or recharge area as determined in writing by the Oklahoma\n\nGeological Survey, except pursuant to a plan approved by the\n\nDepartment. The plan shall contain such design criteria and\n\ngroundwater monitoring provisions as deemed necessary by the\n\nDepartment to protect the quality of said principal groundwater\n\nresource or recharge area. The plan shall also provide for the\n\nestablishment and maintenance of a bond or other financial assurance\n\nin a form and amount acceptable to the Department, specifically for\n\nthe purpose of assuring both immediate response and containment and\n\ncomprehensive remediation as directed by the Department in the event\n\nof a release to soil or water of any hazardous waste or hazardous\n\nwaste constituent.\n\nC. 1. Except as provided in paragraph 3 of this subsection, a\n\nhazardous waste facility for off-site treatment, recycling or\n\nstorage or for on-site or off-site disposal shall not be sited in or\n\nover a principal groundwater resource or recharge area as determined\n\nin writing by the Oklahoma Geological Survey.\n\n2. a. Except as provided in subparagraph b of this\n\nparagraph, a facility for off-site treatment, storage,\n\nrecycling or disposal of hazardous waste shall not be\n\nsited in any other area of the state without the prior\n\nwritten approval of an emergency and release response\n\nplan by the affected property owners as such term is\n\ndefined in Section 2-7-103 of this title. Such plan\n\nshall provide for the minimization of hazards to the\n\nhealth and property of such affected property owners\n\nfrom emergency situations or from sudden or nonsudden\n\nreleases of hazardous waste or constituents thereof.\n\nAfter the applicant has made a reasonable effort to\n\nnegotiate said plan with the affected property owners\n\nand has acquired the written approval of a majority of\n\nthe affected property owners, the applicant may\n\ncertify to the Department that such reasonable effort\n\nhas been made and that a minority of the affected\n\nproperty owners would not consent. The Department may\n\nthen issue the permit if it meets all other\n\nrequirements.\n\nThe Department is expressly authorized to review the\n\nreasons of the affected property owners for\n\nnonapproval of the plan. If nonapproval is not based\n\nsolely upon minimization of environmental hazards to\n\nthe health and property of the affected property\n\nowners, the Department shall exclude those affected\n\nproperty owners from a calculation of a majority of\n\naffected property owners. The Department shall have\n\nthe final authority to issue or not to issue any\n\npermit to any treatment, storage, or disposal\n\nfacility.\n\nb. Existing industrial facilities not currently receiving\n\nhazardous waste which propose to begin receiving\n\nhazardous waste from off-site, including facilities at\n\nwhich the hazardous waste is to be utilized as fuel in\n\na recycling unit and all other existing industrial\n\nfacilities, shall submit an emergency and release\n\nresponse plan as part of the permit application. The\n\nplan shall be subject to public review and comment as\ng\n\nhazardous waste from off-site, including facilities at\n\nwhich the hazardous waste is to be utilized as fuel in\n\na recycling unit and all other existing industrial\n\nfacilities, shall submit an emergency and release\n\nresponse plan as part of the permit application. The\n\nplan shall be subject to public review and comment as\n\npart of the permit application pursuant to Section 2-\n\n7-113 of this title or the Oklahoma Uniform\n\nEnvironmental Permitting Act prior to final approval\n\nor disapproval by the Department. Upon submittal of\n\nthe proposed plan to the Department, the applicant\n\nshall be required to mail a copy of said plan to the\n\naffected property owners and shall promptly thereafter\n\ncertify to the Department that such mailing has been\n\nmade. If a permit is issued, the permittee shall send\n\nthe final plan by first-class mail to the last-known\n\naddress of all affected property owners.\n\nc. An emergency and release response plan for a new or\n\nexisting facility, located or to be located within the\n\ncity limits or within the emergency response area of\n\nany incorporated city or town, which proposes to begin\n\nreceiving hazardous waste from off-site shall not be\n\napproved by the Department until at least sixty (60)\n\ndays after the city or town has been served with a\n\ncopy of the plan by the applicant. During said sixty-\n\nday period the city or town shall have the opportunity\n\nto review the plan and comment to the Department upon\n\nthe ability of the city to comply with any item in the\n\nplan requiring the participation of or assistance by\n\nthe city or town or any departments or agencies\n\nthereof.\n\n3. The Department may grant a variance to an off-site hazardous\n\nwaste treatment, recycling or storage facility to allow the siting\n\nof such facility over a principal groundwater resource or recharge\n\narea as determined in paragraph 1 of this subsection, upon the\n\nfollowing conditions:\n\na. the request for variance, and a detailed rationale,\n\nshall be included in the permit application,\n\nb. the Department shall receive and consider comments on\n\nthe appropriateness of the proposed variance at any\n\nformal public meeting or administrative permit hearing\n\nconducted on the draft permit or proposed permit\n\npursuant to the provisions of Section 2-7-113 of this\n\ntitle or the Oklahoma Uniform Environmental Permitting\n\nAct,\n\nc. the applicant shall bear the burden of establishing\n\nclearly and convincingly to the Department that the\n\ndesign, construction and operation of the proposed\n\nfacility will be such that the risk of a release of\n\nhazardous waste or hazardous waste constituents\n\ndirectly or indirectly to groundwater is minimal, and\n\nd. the permit application shall provide for the\n\nestablishment and maintenance of a bond or other\n\nfinancial assurance as described and for the purposes\n\nspecified in subsection B of this section.\n\nD. The provisions of this section shall apply to:\n\n1. Applications for future proposed sites;\n\n2. Pending applications for new hazardous waste permits; and\n\n3. Applications for permits to modify existing facilities which\n\nhave either a permit or interim status when the proposed\n\nmodification involves the opportunity for an administrative permit\n\nhearing.\n\nE. The provisions of paragraphs 1 and 2 of subsection C of this\n\nsection shall not apply to applications to increase existing\n\nstorage, treatment, recycling or disposal capacity or to modify\n\nexisting disposal sites for treatment or disposal. Such\n\nmodification of existing disposal sites shall include upgrading said\n\nfacilities to use the best available waste destruction technology\n\nsuch as incineration, detoxification, recycling or neutralization\n\ntechnology.","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":"bdf9ac46e820654fa3fd9ed342d52dc3a4893eb66bbdccd17469db3103665907","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-110","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-112"},"notice":"GroundRules: Original legal text. Not legal advice."}