Okla. Admin. Code § 165:10-8-7
Current through Vol. 42, No. 4, November 1, 2024
Section 165:10-8-7 - Operation and maintenance requirements(a)Fencing. All recycling/reclaiming facilities shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence. Final construction is subject to approval by the Manager of Pollution Abatement.(b)Sign. A waterproof sign bearing the name of the operator, legal description, permit number, and emergency phone number shall be posted within 25 feet of the entrance gate to the facility and shall be readily visible.(c)Site security. Receiving of any recycling/reclaiming material shall occur only when there is an attendant on duty. All sites shall be secured by a locked gate when an attendant is not on duty. A key or combination to the lock shall be provided to the appropriate Field Inspector for the purpose of carrying out inspections.(d)Acceptable materials. Operators of a recycling/reclaiming facility shall only receive substances as defined in 165:10-1-2 "Deleterious substances."(e)Oil film. 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.(f)Aesthetics.(1) All surface trash, debris, junk and scrap or discarded material connected with the operations of the facility shall be removed from the premises. With written permission from the surface owner, the operator may, without applying for an exception to 165:10-3-17(b), bury all nonhazardous material at a minimum depth of three feet; cement bases are included.(2) The appropriate Conservation Division District Office or field inspector may issue a Form 1085 for any alleged violation of this subsection. If the operator fails to conduct cleanup as directed, the Commission may fine the operator $500.00 for a first offense. For a subsequent offense, the fine may be up to $1,000.00, and the facility shall be shut down until completion for cleanup operations.(g)Structural integrity. All recycling/reclaiming facilities shall be used, operated, and maintained at all times so as to prevent the escape of their contents. Any condition that threatens the structural stability of any diked portion or the storage facility shall be repaired in a timely manner.(h)Prevention of pollution. All recycling/reclaiming facilities shall be used, operated, and maintained at all times so as to prevent pollution. In the event any non permitted discharge occurs, sufficient measures shall be taken to stop or control the loss of materials, and reporting procedures in accordance with 165:10-7-5(c) shall be followed. Any materials lost due to such discharge shall be cleaned up as directed by a representative of the Conservation Division.(i)Fines. For a willful non-permitted discharge from the facility, the operator may be fined up to $5,000.00.Okla. Admin. Code § 165:10-8-7
Added at 11 Ok Reg 3691, eff 7-11-94; Amended at 17 Ok Reg 1860, eff 7-1-00; Amended at 27 Ok Reg 2128, eff 7-11-10; Amended at 28 Ok Reg 1949, eff 7-11-11Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.