{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-115","heading":"New hazardous waste facility permits - Suitability of","body":"roads and bridges, upgrading - Notice, grievance procedure.\n\nA. Regarding a permit application for a new hazardous waste\n\nfacility, the board of county commissioners of the county in which\n\nthe waste facility is located and the board of county commissioners\n\nof any county contiguous to the waste facility, whose roads and\n\nbridges are to be used to provide access to the proposed waste\n\nfacility, shall review the county road classification plans as\n\ndescribed in Section 654 of Title 69 of the Oklahoma Statutes and\n\nsubstantiate whether the county roads and bridges to be used to and\n\nfrom such hazardous waste facility in their respective counties may\n\nbe used without any substantial detriment to said roads and bridges\n\nas provided in Section 14-113 of Title 47 of the Oklahoma Statutes.\n\nIf any board of county commissioners finds that substantial\n\ndetriment to the roads and bridges in its county would occur, such\n\nboard shall determine reasonable measures necessary to upgrade the\n\nroads and bridges and allow the applicant for a hazardous waste\n\nfacility to upgrade or pay for the upgrading of such roads and\n\nbridges if the applicant receives a permit.\n\nB. The Department shall not issue a permit for any new\n\nhazardous waste facility unless:\n\n1. Each board of county commissioners, as appropriate pursuant\n\nto subsection A of this section, has substantiated by resolution\n\nthat the county roads and bridges as they exist can be used without\n\nany substantial detriment to said roads and bridges as provided by\n\nthe restrictions imposed by Section 14-113 of Title 47 of the\n\nOklahoma Statutes; or\n\n2. The applicant has agreed to upgrade or pay for the upgrading\n\nof the roads and bridges to the reasonable measures determined by\n\nthe appropriate board of county commissioners or to the design\n\nstandards established by the Oklahoma Department of Transportation\n\nfor industrial access roads.\n\nThe Department shall not authorize the operation of the facility\n\nuntil the necessary upgrades to the roads and bridges have been\n\nmade.\n\nC. The Department shall notify the applicable boards of county\n\ncommissioners by certified mail, return receipt requested, of the\n\nproposed waste site. Said boards of county commissioners shall have\n\nforty-five (45) days from receipt of such notice to review the\n\ncounty road classification plan and respond to the Department. The\n\nfinding of each board of county commissioners shall be sent to the\n\nDepartment by certified mail, return receipt requested. Failure to\n\nrespond within such forty-five-day response period shall constitute\n\na finding that the roads and bridges can be used without substantial\n\ndetriment and preclude the board of county commissioners failing to\n\nrespond from raising the suitability of use of roads and bridges of\n\nthe county as set out in subsections A and B of this section at a\n\nlater date.\n\nD. Any applicant for a permit aggrieved by the action of the\n\nboard of county commissioners pursuant to this section shall have\n\nthe right of review by trial de novo in the district court of the\n\ncounty wherein the board of county commissioners took such action.\n\nE. This section shall apply to any permit application submitted\n\nto the Department on or after May 30, 1985, and to any permit\n\napplication submitted before May 30, 1985, for which a permit has\n\nnot been issued.","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":"e8cb1db1929008b3168ad30b70604fcc6459210c686b9cbc8ef8ca33589233f9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-114","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-116"},"notice":"GroundRules: Original legal text. Not legal advice."}