{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-116","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-116","heading":"Permits - Application - Liability insurance - Bond -","body":"Financial responsibility - Operation of facility - Insolvency -\n\nLiability of guarantors.\n\nA. Except for emergency permits issued in accordance with\n\nSection 2-7-113.1 of this title, no permit shall be issued except\n\nupon proper application, proof of sufficient liability insurance and\n\nfinancial responsibility, formal public meeting, if requested, and\n\nsuch other requirements as provided by the Oklahoma Hazardous Waste\n\nManagement Act and the Environmental Quality Code.\n\nB. Liability insurance shall be provided by the applicant and\n\nshall apply to sudden and nonsudden bodily injury or property damage\n\non, below or above the surface, as required by the rules of the\n\nBoard. Additional insurance shall be required as deemed necessary\n\nby the Department to protect the property rights of owners or\n\nleaseholders of underground resources such as oil, gas, water or\n\nother mineral substances. Such insurance shall be maintained for\n\nthe period of operation of the facility and shall provide coverage\n\nfor damages resulting from operation of the facility during\n\noperation and after closing. In lieu of liability insurance\n\nrequired by this or any other section of the Oklahoma Hazardous\n\nWaste Management Act, an equivalent amount of cash, securities or\n\nalternate financial assurance of a type and in an amount acceptable\n\nto the Department, may be substituted; provided, that such deposit\n\nshall be maintained for a period of five (5) years after the date of\n\nlast operation of the facility.\n\nC. Prior to the issuance of any permit, the applicant shall\n\npost a bond or acceptable alternate financial assurance guaranteeing\n\nproper closure and guaranteeing the performance of the maintenance\n\nand monitoring functions set out in Section 2-7-124 of this title.\n\nD. The Department shall require additional insurance and\n\nsecurity by the permittee upon an application for expansion of the\n\nfacility. Such increase in insurance and security shall be in a\n\nsufficient amount to provide adequate coverage for damages resulting\n\nfrom such expansion during operation of the facility and after\n\nclosing.\n\nE. Prior to the issuance of any permit, the applicant shall,\n\nupon request of the Department, produce evidence of the applicant's\n\nfinancial status indicating that the applicant is financially able\n\nto operate and maintain a hazardous waste facility as required by\n\nthe Oklahoma Hazardous Waste Management Act. If the applicant is\n\nnot financially able to operate and maintain a hazardous waste\n\nfacility, as required by the Oklahoma Hazardous Waste Management\n\nAct, a permit shall be denied.\n\nF. The operation of a hazardous waste facility shall be under\n\nthe supervision of a person meeting qualifications set by the Board\n\nappropriate to the type of facility.\n\nG. The Department is authorized and shall require the\n\nconstruction of monitoring wells, pond liners, fencing, signs or\n\nother equipment deemed necessary by the Department to ensure the\n\nsuitable operation of the facility.\n\nH. Hazardous waste undergoing analysis to determine if it is\n\nacceptable for disposal that is temporarily staged within the\n\nconfines of a permitted hazardous waste unit in a manner that will\n\nprevent the waste, or any constituent thereof, from entering the\n\nenvironment during such temporary staging shall not constitute\n\ndisposal of the hazardous waste.\n\nI. 1. In any case where the owner or operator of a hazardous\n\nwaste facility is in bankruptcy, reorganization, or arrangement\n\npursuant to the Federal Bankruptcy Code or if jurisdiction in any\n\nstate court or any federal court cannot be obtained over an owner or\n\noperator likely to be solvent at the time of judgment, any claim\n\narising from conduct for which evidence of financial responsibility\n\nis required pursuant to the Oklahoma Hazardous Waste Management Act\ne Federal Bankruptcy Code or if jurisdiction in any\n\nstate court or any federal court cannot be obtained over an owner or\n\noperator likely to be solvent at the time of judgment, any claim\n\narising from conduct for which evidence of financial responsibility\n\nis required pursuant to the Oklahoma Hazardous Waste Management Act\n\nmay be asserted directly against the guarantor providing such\n\nevidence of financial responsibility. In the case of any action\n\ntaken pursuant to this section, such guarantor shall be entitled to\n\nclaim all rights and defenses which would have been available to the\n\nowner or operator if any action had been brought against the owner\n\nor operator by the claimant and which would have been available to\n\nthe guarantor if any action had been brought against the guarantor\n\nby the owner or operator.\n\n2. The total liability of any guarantor shall be limited to the\n\naggregate amount which the guarantor has provided as evidence of\n\nfinancial responsibility for the owner or operator pursuant to the\n\nOklahoma Hazardous Waste Management Act. Nothing in this subsection\n\nshall be construed to limit any other state or federal statutory,\n\ncontractual or common law liability of a guarantor to its owner or\n\noperator including, but not limited to, the liability of such\n\nguarantor for bad faith either in negotiating or failing to\n\nnegotiate the settlement of any claim. Nothing in this subsection\n\nshall be construed to diminish the liability of any person under the\n\nFederal Comprehensive Environmental Response, Compensation and\n\nLiability Act of 1980 or other applicable law.","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":"c86867ccbff1b32d2eaeedc1ae9b16f2539b17aa489b6fed74850ed3657f8b53","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-115","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-117"},"notice":"GroundRules: Original legal text. Not legal advice."}