{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-4-2-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-4-2-102","heading":"Oklahoma Hazardous Materials Emergency Response","body":"Commission - Membership - Terms - Filling unexpired term - Powers\n\nand duties - Responsibilities, powers and duties of member agencies\n\n- Violations and penalties.\n\nA. For purposes of implementing the provisions of Title III of\n\nthe federal Superfund Amendments and Reauthorization Act of 1986,\n\nthe Governor shall appoint or designate the members of the Oklahoma\n\nHazardous Materials Emergency Response Commission.\n\nB. The Oklahoma Hazardous Materials Emergency Response\n\nCommission, shall include at a minimum:\n\n1. The Secretary of Safety and Security or designee;\n\n2. The Commissioner of the Department of Public Safety or\n\ndesignee;\n\n3. The State Fire Marshal or designee;\n\n4. The Executive Director of the Department of Environmental\n\nQuality or designee;\n\n5. The Director of the Department of Civil Emergency Management\n\nor designee;\n\n6. One member representing the response community for a term of\n\nthree (3) years; and\n\n7. One member representing regulated industries for a three-\n\nyear term, except the initial appointment shall only be for a two-\n\nyear term.\n\nC. An appointment shall be made by the Governor within ninety\n\n(90) days after the expiration of the term of any member due to\n\nresignation, death, or any cause resulting in an unexpired term. If\n\nno appointment is made within that ninety-day period, the Commission\n\nmay appoint a provisional member to serve in the interim until the\n\nGovernor acts.\n\nD. The Commission shall have the power and duty to:\n\n1. Appoint a chairman and vice-chairman;\n\n2. Execute a Memorandum of Understanding subject to the\n\nAdministrative Procedures Act with each member agency to designate\n\nresponsibilities and conduct studies;\n\n3. Require reports or plans from member agencies;\n\n4. Advise, consult and coordinate with other agencies of the\n\nstate and federal government;\n\n5. Ensure that the State of Oklahoma remains in compliance with\n\nthe requirements of Title III of the Superfund Amendments and\n\nReauthorization Act;\n\n6. Coordinate administrative penalties;\n\n7. Coordinate development of annual budgets for each member\n\nagency's respective costs for administration and implementation of\n\nits responsibilities pursuant to the Oklahoma Hazardous Materials\n\nPlanning and Notification Act; and\n\n8. Coordinate with the local emergency planning committees.\n\nE. On behalf of the Oklahoma Hazardous Materials Emergency\n\nResponse Commission, member agencies shall have the following\n\nresponsibilities:\n\n1. The Oklahoma Department of Environmental Quality shall:\n\na. provide administrative support to the Oklahoma\n\nHazardous Materials Emergency Response Commission,\n\nb. review the activities of the local emergency planning\n\ncommittees, and serve as liaison between the Oklahoma\n\nHazardous Materials Emergency Response Commission, the\n\nlocal emergency planning committees, and federal\n\nagencies, except as related to training funds from the\n\nfederal emergency management agency,\n\nc. administer a notification program pursuant to federal\n\nrequirements for emergency releases of extremely\n\nhazardous substances and hazardous substances as\n\nidentified by the federal Environmental Protection\n\nAgency. Notification shall include immediate notice\n\nof the release and written follow-up notice of\n\nresponse actions taken, risk analyses, and advice\n\nconcerning medical treatment for exposure, and shall\n\ninclude releases from facilities subject to Title III\n\nof the Superfund Amendments and Reauthorization Act.\n\nThe notification requirements shall be in addition to\n\nthose required by other agencies,\n\nd. administer and enforce the reporting requirements of\n\nTitle III of the Superfund Amendments and\n\nReauthorization Act pertaining to emergency planning\n\nnotification, material safety data sheets, chemical\n\nlists, emergency and hazardous chemical inventory\n\nforms, and toxic chemical release forms,\n\ne. serve as the industrial liaison and the repository for\n\nrequired information,\nby other agencies,\n\nd. administer and enforce the reporting requirements of\n\nTitle III of the Superfund Amendments and\n\nReauthorization Act pertaining to emergency planning\n\nnotification, material safety data sheets, chemical\n\nlists, emergency and hazardous chemical inventory\n\nforms, and toxic chemical release forms,\n\ne. serve as the industrial liaison and the repository for\n\nrequired information,\n\nf. perform such environmental services as are necessary\n\nto validate required reports, and\n\ng. receive and respond to requests for information under\n\nthe Oklahoma Open Records Act;\n\n2. The Oklahoma Department of Civil Emergency Management shall:\n\na. administer and enforce the planning requirements of\n\nTitle III of the Superfund Amendments and\n\nReauthorization Act of 1986,\n\nb. receive and review emergency plans submitted by local\n\nemergency planning committees, make recommendations on\n\nrevisions to the plans for coordination purposes, and\n\nfacilitate the training for and the implementation of\n\nthe plans, and\n\nc. facilitate emergency training programs for local\n\nemergency planning committees.\n\nF. Each member agency of the Oklahoma Hazardous Materials\n\nEmergency Response Commission shall have the power and duty,\n\nrelative to its respective Commission responsibilities, to:\n\n1. Require reports and plans;\n\n2. Prescribe rules and regulations consistent with Title III of\n\nthe Superfund Amendments and Reauthorization Act. Any rule or\n\nregulation promulgated by any member agency pursuant to the Oklahoma\n\nHazardous Materials Planning and Notification Act shall not be more\n\nstringent than any federal act;\n\n3. Adopt federal rules. Any rule or regulation promulgated by\n\nany member agency pursuant to the provisions of the Oklahoma\n\nHazardous Materials Planning and Notification Act shall not be more\n\nstringent than any such federal rules;\n\n4. Cause investigations, inquiries and inspections;\n\n5. Prescribe penalties;\n\n6. Assess administrative penalties;\n\n7. Cause prosecution;\n\n8. Accept, use, disburse and administer grants, allotments,\n\ngifts, devises for the purposes of facilitating emergency response\n\nperformance in the state;\n\n9. Provide public information as requested regarding emergency\n\nresponse implementation in the state; and\n\n10. Work with other agencies where applicable, to eliminate\n\nredundancy in the reporting requirements of the various state,\n\nfederal and local agencies enforcing hazardous materials handling,\n\nstorage, spills and training.\n\nG. Any person violating any provision of the Oklahoma Hazardous\n\nMaterials Planning and Notification Act shall be deemed guilty of a\n\nmisdemeanor, and upon conviction thereof, shall be punishable by a\n\nfine of not more than Ten Thousand Dollars ($10,000.00), or by\n\nimprisonment for not more than one (1) year, or by both such fine\n\nand imprisonment.\n\nH. The Oklahoma Hazardous Materials Emergency Response\n\nCommission shall:\n\n1. Designate emergency planning districts to facilitate\n\npreparation and implementation of emergency plans; and\n\n2. Appoint members of a local emergency planning committee for\n\neach emergency planning district.","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":"435896ab3615730e78099e7131d25b38948ebf11ecef2dcbab02d60a16928a06","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-4-2-101","next":"us-ok/okla.-stat.-tit.-27a-27a-4-2-103"},"notice":"GroundRules: Original legal text. Not legal advice."}