{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-121","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-121","heading":"Annual fee - Exemptions - Expenditure of funds","body":"A. Every hazardous waste treatment facility, storage facility,\n\nunderground injection facility, disposal facility, or off-site\n\nfacility that recycles hazardous waste subject to the provisions of\n\nthe Oklahoma Hazardous Waste Management Act shall pay to the\n\nDepartment of Environmental Quality an annual fee on the amount of\n\nhazardous waste managed by such facility.\n\n1. Subject to paragraphs 2 and 7 of this subsection, such fees\n\nshall be:\n\na. Nine Dollars and fifty cents ($9.50) per ton for on-\n\nsite or off-site storage, treatment or land disposal,\n\nb. Four Dollars ($4.00) per ton for off-site recycling,\n\nincluding regeneration, or\n\nc. three cents ($0.03) per gallon for on-site or off-site\n\nunderground injection.\n\n2. There shall be a minimum fee per facility as follows:\n\na. except as provided in subparagraph d of this\n\nparagraph, any person owning or operating an off-site\n\nhazardous waste treatment facility or disposal\n\nfacility shall pay a total fee of not less than Fifty\n\nThousand Dollars ($50,000.00) each state fiscal year,\n\nb. any person owning or operating an on-site hazardous\n\nwaste treatment facility, storage facility, or\n\ndisposal facility shall pay a total fee of not less\n\nthan Twenty Thousand Dollars ($20,000.00) each state\n\nfiscal year. The annual fee for the on-site disposal\n\nof hazardous waste by underground injection shall not\n\nexceed Fifty Thousand Dollars ($50,000.00),\n\nc. any person owning or operating an off-site facility\n\nfor the storage or recycling of hazardous waste shall\n\npay a total fee of not less than Twenty Thousand\n\nDollars ($20,000.00) each state fiscal year; provided,\n\nany such off-site recycling facility which\n\nconsistently recycles fewer than ten (10) tons of\n\nhazardous waste per calendar month shall not be\n\nsubject to this minimum annual fee. For the purpose\n\nof this subparagraph, storage includes physical\n\nseparation or combining of wastes solely to facilitate\n\nefficient storage at the facility and/or efficient\n\ntransportation, and\n\nd. any person owning or operating an off-site facility\n\nwhich accepts hazardous waste exclusively for the\n\npurpose of conducting research and design tests shall\n\npay a total fee of not less than Ten Thousand Dollars\n\n($10,000.00) each state fiscal year.\n\n3. Off-site facilities may charge persons contracting for the\n\nservices of the facility their proportional share of the fees\n\nrequired by the provisions of this section.\n\n4. The facility shall become liable for payment of the fee on\n\neach ton or gallon of hazardous waste at the time it is received.\n\nFor purposes of on-site facilities, receipt is deemed to have\n\noccurred when the waste is first managed in any unit or manner that\n\nrequires a hazardous waste permit. The fee shall be payable by the\n\nfacility to the Department only as provided for in subsection C of\n\nthis section.\n\n5. The fee imposed by the provisions of this section shall be\n\npayable only once without regard to any subsequent handling of the\n\nhazardous waste. The fee shall be based on the purpose for which\n\nthe waste was received by the facility. In no event shall a\n\nfacility be required to pay a fee on each step or process involved\n\nin the storage, treatment, or disposal of the waste at the facility\n\nor a related facility under common control.\n\n6. In computing the amount of the fee specified in subparagraph\n\nb of paragraph 1 of subsection A of this section for the off-site\n\nrecycling or regeneration of hazardous waste, the assessment for\n\nregeneration shall be made on a dry weight basis.\n\n7. If a generator of characteristic hazardous waste or listed\n\nhazardous waste treats the waste on-site to meet Best Demonstrated\n\nAvailable Technology Standards and disposes of the waste on-site,\n\nthe waste shall be subject to a reduced treatment or on-site\n\ndisposal fee of one-half (1/2) the rate required by subparagraph a\n\nof paragraph 1 of this subsection; provided, such rate reduction\nbasis.\n\n7. If a generator of characteristic hazardous waste or listed\n\nhazardous waste treats the waste on-site to meet Best Demonstrated\n\nAvailable Technology Standards and disposes of the waste on-site,\n\nthe waste shall be subject to a reduced treatment or on-site\n\ndisposal fee of one-half (1/2) the rate required by subparagraph a\n\nof paragraph 1 of this subsection; provided, such rate reduction\n\nshall not exceed Twenty-two Thousand Dollars ($22,000.00) per\n\ncalendar year.\n\nB. The following facilities shall not be required to pay the\n\nfee required by the provisions of this section:\n\n1. Facilities engaged only in the on-site recycling of\n\nhazardous waste; and\n\n2. Facilities which have not received new hazardous waste\n\nwithin the preceding state fiscal year.\n\nC. Payment of the fees required by this section shall be due\n\nquarterly for hazardous waste received by the facility during the\n\nprior calendar quarter. Such quarterly payments shall be due on the\n\nfirst day of the month of the following quarter. All payments shall\n\nbe made within thirty (30) days from the date they become due.\n\nD. The fees required by this section shall be paid in lieu of\n\nthe monitoring fees imposed in subsection B of Section 2-7-119 of\n\nthis title. All facilities subject to the provisions of this\n\nsection shall not be required to pay or collect any additional fees\n\nfor waste disposal unless specifically required by the Oklahoma\n\nHazardous Waste Management Act.\n\nE. All fees and other monies received by the Department\n\npursuant to the provisions of this section shall be expended solely\n\nfor the purposes specified in this section.\n\n1. Ten percent (10%) of the fees collected from an off-site\n\nhazardous waste facility pursuant to the provisions of this section\n\nshall be deposited to the credit of the Special Economic Development\n\nTrust Funds. The funds for the Trusts accruing pursuant to the\n\nprovisions of this section shall be distributed to each Trust\n\nestablished in proportion to the fees generated by the off-site\n\nhazardous waste facilities within the Trust area.\n\n2. The Department shall expend monies received pursuant to the\n\nprovisions of this section for one or more of the following\n\npurposes:\n\na. the administration of the provisions of the Oklahoma\n\nHazardous Waste Management Act,\n\nb. the development of an inventory of hazardous wastes\n\ncurrently produced in Oklahoma and management needs\n\nfor the identified wastes,\n\nc. the implementation of information exchange, technical\n\nassistance, public information, and educational\n\nprograms,\n\nd. the development and encouragement of waste reduction\n\nplans for Oklahoma waste generators, or\n\ne. increased inspection of hazardous waste facilities\n\nwhich may include full-time inspectors at off-site\n\nhazardous waste facilities.\n\nF. To the extent that fees received pursuant to this section\n\nshall exceed the purposes specified in subsection E of this section,\n\nthe Department shall only expend such funds for one or more of the\n\nfollowing purposes:\n\n1. Contributions required from the state pursuant to the\n\nfederal Comprehensive Environmental Response, Compensation and\n\nLiability Act for remediation or related action upon a site within\n\nthe state;\n\n2. Response, including but not limited to containment and\n\nremoval, to emergency situations involving spillage, leakage,\n\nemissions or other discharge of hazardous waste or hazardous waste\n\nconstituents to the environment where a responsible party cannot be\n\ntimely identified or found or compelled to take appropriate\n\nemergency action to adequately protect human health and the\n\nenvironment;\n\n3. State-funded remediation of sites contaminated by hazardous\n\nwaste or hazardous waste constituents so as to present a threat to\n\nhuman health or the environment, to the extent that a responsible\nnstituents to the environment where a responsible party cannot be\n\ntimely identified or found or compelled to take appropriate\n\nemergency action to adequately protect human health and the\n\nenvironment;\n\n3. State-funded remediation of sites contaminated by hazardous\n\nwaste or hazardous waste constituents so as to present a threat to\n\nhuman health or the environment, to the extent that a responsible\n\nparty cannot be timely identified or found or compelled to take such\n\naction, or is unable to take such action;\n\n4. Costs incurred in pursuing an enforcement action to compel a\n\nresponsible party to undertake appropriate response or remedial\n\nactions, or to recover from a responsible party monies expended by\n\nthe state, as described in paragraphs 1 through 3 of this\n\nsubsection; or\n\n5. Financial assistance to municipalities or counties for the\n\npurposes and under the conditions specified in Section 2-7-305 of\n\nthis title.","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":"80d17d03af59a1e3a801ea2010efe192d65ffc55eca3875303aa13ce11b6fce7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-120","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-121.1"},"notice":"GroundRules: Original legal text. Not legal advice."}