Okla. Admin. Code § 165:10-7-3

Current through Vol. 42, No. 7, December 16, 2024

Section 165:10-7-3 - Cooperation with other agencies

(a) The rules of this Subchapter shall not be construed as modifying the rights, obligations, or duties of any person under any law of this State or under any order, rule, or regulation of the Oklahoma Water Resources Board, State Department of Health, Oklahoma Wildlife Conservation Commission, State Board of Agriculture, Department of Environmental Quality, or any other agency of this State with respect to the pollution of fresh water.

(b) Whenever a written complaint against any person is filed with the Commission alleging pollution as prohibited by 165:10-7-5, the Manager of Pollution Abatement shall immediately initiate such action as may be necessary or appropriate to abate the pollution.

(c) OPERATORS TAKE NOTE: Federal statutes, such as the Bald Eagle Protection Act ( 16 U.S.C. Sections 668 - 668d ), the Migratory Bird Treaty Act ( 16 U.S.C. Sections 703 - 711 ), the Endangered Species Act ( 16 U.S.C. Sections 1531 - 1542 ), and the Lacey Act Amendments of 1981 ( 16 U.S.C. Sections 3371 - 3378) , dictate substantial fines and penalties for persons who allow birds of certain species to become fatally injured due to incidental contact with oil or oil by-products. These fines may be levied upon persons allowing such fatalities to occur, whether accidental or not. Misdemeanor and felony convictions may include imprisonment. Information on affected bird species, regulations under these Acts, and measures which can be taken to prevent such occurrences, such as the netting or covering of open-topped tanks and pits which contain oil or oil by-products, can be obtained from the U.S. Fish and Wildlife Service Office in Oklahoma City or the nearest Oklahoma Department of Wildlife Office.

(d)Operators drilling in the Arbuckle-Simpson Aquifer. The Arbuckle-Simpson Aquifer located in Pontotoc, Murray, and Johnston Counties has unique and unusual hydrogeologic conditions. Any operator intending to drill in this area should contact the Technical Services Department of the Oil and Gas Conservation Division prior to filing an intent-to-drill. The Technical Services Department may request a technical meeting prior to approval of an intent-to-drill to determine if additional protection of this aquifer is necessary.

Okla. Admin. Code § 165:10-7-3

Amended at 23 Ok Reg 2229, eff 7-1-06; Amended at 25 Ok Reg 2187, eff 7-11-08

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.