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Oklahoma Chapter 4 (OAC 252:4), Subchapter 1, General Provisions, SIP effective December 27, 2010 (OKd07) to June 13, 2017 (OKd21)

Regulatory Text: 

Oklahoma Administrative Code, Title 252, Department of Environmental Quality
Chapter 4 (OAC 252:4). Rules of Practice and Procedure

Chapter 4, Subchapter 1. General Provisions
As adopted in the Oklahoma Register June 1, 2001 (18 Ok Reg 1922) effective June 11, 2001. 
Submitted to EPA February 14, 2002, document EPA-R06-OAR-2007-0314-0011 [OK006.11].
Approved by EPA November 26, 2010 (75 FR 72695) SIP effective December 27, 2010 (OKd07), docket EPA-R06-OAR-2007-0314 [OK006].

252:4-1-1.  Purpose and authority
252:4-1-2.  Definitions
252:4-1-3.  Organization
252:4-1-4.  Office location and hours; communications
252:4-1-5.  Availability of a record
252:4-1-6.  Administrative fees
252:4-1-7.  Fee credits for regulatory fees
252:4-1-8.  Board and Councils
252:4-1-9.  Severability

252:4-1-1.  Purpose and authority

     (a)     Purpose.  This Chapter describes the practices and procedures of the Environmental Quality Board, Advisory Councils, and the Department of Environmental Quality.

     (b)     Authority.  This Chapter is authorized by the Administrative Procedures Act, 75 O.S. § 302, and the Environmental Quality Code, 27A O.S. §2-2-101.

252:4-1-2.  Definitions

     The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

     "Administratively complete" means an application that contains the information specified in the application form and rules in sufficient detail to allow the DEQ to begin technical review.

     "Administrative hearing" is defined at 27A O.S. § 2-1-102 and is synonymous with "individual proceeding" as that term is defined in the Administrative Procedures Act, 75 O.S. § 250.1 et seq.

     "Administrative Law Judge" is synonymous with "hearing examiner" as that term is defined in the Administrative Procedures Act.

     "Advisory Councils or Council" means any of the following Councils: the Air Quality Advisory Council, the Hazardous Waste Management Advisory Council, the Laboratory Services Advisory Council, the Radiation Management Advisory Council, the Solid Waste Management Advisory Council, the Water Quality Management Advisory Council, and the Waterworks and Wastewater Works Operator Certification Advisory Council.

     "APA" means the Oklahoma Administrative Procedures Act, 75 O.S. § 250.1 et seq.

     "Application" means "a document or set of documents, filed with the [DEQ], for the purpose of receiving a permit or the modification, amendment or renewal thereof from the [DEQ]... any subsequent additions, revisions or modifications submitted to the [DEQ] which supplement, correct or amend a pending application." [27A O.S. § 2-14-103(1)]

     "Board" means the Environmental Quality Board.

     "Code" means the Oklahoma Environmental Quality Code, 27A O.S. § 2-1-101 et seq.
     "Complaint" means any written or oral information submitted to DEQ alleging site-specific environmental pollution except information gained from facility inspections, or self-reported incidents.

     "Department or DEQ" means the Department of Environmental Quality.

     "Enforcement action" means:
          (A)  a written communication from the DEQ to an alleged violator that identifies the alleged violations and directs or orders that the violations be corrected and/or their effect remedied;
          (B)  an administrative action to revoke or suspend a permit or license;
          (C)  a consent order or proposed consent order;
          (D)  a civil petition, a complaint in municipal court, or a complaint in federal district court;
          (E)  a referral by the DEQ to the Oklahoma Attorney General's office, a state District Attorney's office, a U.S. Attorney's office, or a state or federal law enforcement agency for investigation.

     "Executive Director" means the Executive Director of the Department of Environmental Quality.

     "False complaint" means any written or oral information submitted to DEQ alleging site-specific environmental pollution by a person who knowingly and willfully gives false information or misrepresents material information.

     "Individual proceeding" is defined in the APA [75 O.S. § 250.3(7)].  It includes an administrative evidentiary hearing to resolve issues of law or fact between parties, resulting in an order.

     "Mediation" means a voluntary negotiating process in which parties to a dispute agree to use a mediator to assist them in jointly exploring and settling their differences, with a goal of resolving their differences by a formal agreement created by the parties.

     "Notice of deficiencies" means a written notice to an applicant, describing with reasonable specificity the deficiencies in a permit application and requesting supplemental information.

     "Off-site", as used in hazardous waste, solid waste and Underground Injection Control (UIC) tier classifications, means a facility which receives waste from various sources for treatment, storage, processing, or disposal.

     "On-site", as used in hazardous waste, solid waste and UIC tier classifications, means a facility owned and operated by an industry for the treatment, storage, processing, or disposal of its own waste exclusively.

     "Program" means a regulatory section or division of the DEQ.

     "Respondent" means a person or legal entity against whom relief is sought.

     "Submittal" means a document or group of documents provided as part of an application.

     "Supplement" means a response to a request for additional information following completeness and technical reviews, and information submitted voluntarily by the applicant.

     "Technical review" means the evaluation of an application for compliance with applicable program rules.

252:4-1-3.  Organization

     (a)  Environmental Quality Board.  The Environmental Quality Board consists of thirteen (13) members, appointed by the Governor with the advice and consent of the Senate, selected from the environmental profession, general industry, hazardous waste industry, solid waste industry, water usage, petroleum industries, agriculture industries, conservation districts, local city or town governments, rural water districts, and statewide nonprofit environmental organizations.  (See further 27A O.S. § 2-2-101.)

     (b)  Advisory Councils.  There are seven advisory councils, each consisting of nine (9) members appointed by the Speaker of the House of Representatives, the President Pro Tempore of the Senate or the Governor. (See further 27A O.S. § 2-2-201 and 59 O.S. § 1101 et seq.)

     (c)  DEQ.  The DEQ consists of the following divisions: Administrative Services, Air Quality, Land Protection, Water Quality, Environmental Complaints and Local Services, Customer Services and the State Environmental Laboratory.

252:4-1-4.  Office location and hours; communications

     (a)  Office location and hours.  The principal office of the DEQ is 707 N. Robinson, Oklahoma City, Oklahoma 73102.  The mailing address is P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677.  Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday except state holidays.

     (b)  Communications.  Unless a person is working with a particular person or departmental area, written communication to the DEQ shall be addressed to the Executive Director.
          (1)  Board.  Communications to the Board may be made through the Executive Director.
          (2)  Council.  Communications to a Council may be made through the Division Director of the program with which the Council works.

252:4-1-5.  Availability of a record

     (a)  Availability.  Records of the Board, Advisory Councils, and DEQ, not otherwise confidential or privileged from disclosure by law, shall be available to the public for inspection and copying at the DEQ's principal office during normal business hours.  Information, data or materials required to be submitted to the DEQ in a permit application process shall be made available to the public in accordance with the Oklahoma Uniform Environmental Permitting Act (27A O.S. § 2-14-101 et seq.) and the rules in this Chapter.  The DEQ may take reasonable precautions in order to ensure the safety and integrity of records under its care.

     (b)  Removal.  A record may be removed from the DEQ's offices or storage areas only with permission of the record's custodian.

     (c)  Reproduction.
          (1)  By DEQ.  The DEQ may limit the number of copies made and the time and personnel available for reproduction of records requested by a member of the public.
          (2)  Commercial reproduction.  With advance notice to the DEQ, a person may arrange for the pick-up, reproduction and return of records by a commercial copying service at his/her own expense.
          (3)  Other.  With prior DEQ approval, a person may bring in and use his/her own copy machine.

     (d)  Confidentiality.  Any person asserting a claim of confidentiality for any document submitted to the Board, Council or DEQ must substantiate the claim upon submission.  The DEQ will make a determination on the claim and notify the person asserting the claim within a reasonable time.  Each program may have more specific requirements, as required by state law or federal rule. [See 27A O.S. § 2-5-105(18) and 40 CFR § 2 Subpart B, particularly § 2.301 (Clean Air Act), § 2.302 (Clean Water Act), § 2.304 (Safe Drinking Water Act), § 2.305 (Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act), and § 2.310 (Comprehensive Environmental Response, Compensation, and Liability Act, as amended by Superfund Amendments and Reauthorization Act)].

     (e)  Certification.  Copies of official records of the Board, Advisory Councils or DEQ may be certified by the Executive Director or his/her designees.

     (f)  Charge.  The DEQ's administrative fee schedule applies to in-house copying or reproduction of records for or by members of the public.

252:4-1-6.  Administrative fees

     (a)  Photocopying.  The fee for copying letter or legal sized paper is $0.25 per page.

     (b)  Certified copy.  The fee for a certified copy of a document is $1.00 per document.

     (c)  Search fee.  When the request is solely for commercial purpose or clearly would cause excessive disruption of the DEQ's essential functions, the document search fee is as follows:
          (1)  0  - 15 minutes, no charge;
          (2)  16 - 30 minutes, $5.00;
          (3)  every subsequent 30-minute increment or portion thereof, $5.00.

252:4-1-7.  Fee credits for regulatory fees

     (a)  The Executive Director may authorize Divisions of the DEQ which have programs that collect recurring fees to apply a credit towards certain future invoices for those fees.  The credit must be applied only within the program from which the carryover fees are derived.  Only the amount that is projected to exceed three months of funding beyond the upcoming budget year for that program can be credited.  A summary of any credit applied shall be reported to the Environmental Quality Board.  For a credit to be applied:
          (1)  there must be a projected balance in the fee account carried over from the previous year;
          (2)  the credit must be distributable pro rata among the fee payers;
          (3)  the credit must be large enough to justify its administrative cost; and
          (4)  the Division must be unaware of a longer-range need, such as match for a superfund clean-up project.

     (b)  The DEQ shall explain on the invoices that a carryover exists and that an identified one-time credit is being applied.

252:4-1-8.  Board and Councils

     (a)  Officers.  A chair of the Board shall not serve as chair for more than three (3) consecutive years.  Officers of a Council may succeed themselves as officers at the discretion of a Council.

     (b)  Committees.  Ad hoc committees may be appointed to assist the Board or a Council for any lawful purpose.

252:4-1-9.  Severability

     The provisions of OAC 252 are severable, and if any part or provision hereof shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of OAC 252.

** end OK Chapter 4, Subchapter 1, SIP effective December 17, 2010 (OKd07) to June 13, 2017 (OKd21) **