A. An audit report is a report that includes each document and communication, other than those set forth in Section 8 of this act, produced from an environmental or health and safety audit. B. General components that may be contained in a completed audit report include: 1. A report prepared by an auditor, monitor or […]
A. An audit report is privileged as provided in this section. B. Except as provided in Sections 6 through 9 of this act, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in: 1. A civil action, whether legal or equitable; or 2. An administrative proceeding. […]
A. The privilege described by Section 5 of this act does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by an environmental or health and safety […]
A. A court or administrative hearings official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearings official determines, after an in camera review consistent with the appropriate rules of procedure, that: 1. The privilege is asserted for a fraudulent […]
A. The privilege established by Section 5 of this act does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a federal or state environmental or health and safety law; 2. Information obtained by observation, sampling or monitoring […]
A. If an audit report is obtained, reviewed or used in a criminal proceeding, the administrative or civil evidentiary privilege established by Section 5 of this act is not waived or eliminated for any other purpose. B. Notwithstanding the privilege established by Section 5 of this act, a regulatory agency may review information that is […]
A. Except as otherwise provided by this act, a person who makes a voluntary disclosure of a violation of an environmental or health and safety law is immune from an administrative or civil penalty for the violation disclosed. B. A disclosure is voluntary only if: 1. The disclosure was made: a.promptly after knowledge of the […]
The privilege established by this act applies to environmental or health and safety audits that are conducted on or after the effective date of this act. Added by Laws 2019, c. 229, § 11, eff. Nov. 1, 2019.
This act shall not limit, waive or abrogate the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege. Added by Laws 2019, c. 229, § 12, eff. Nov. 1, 2019.
Sections 1 through 7 of this act shall be known and may be cited as the “State Beneficiary Public Trusts – Publicly Owned Treatment Works Act”. Added by Laws 1993, c. 217, § 1, eff. July 1, 1993.
The Legislature hereby finds that there are one or more public trusts having the State of Oklahoma as beneficiary which hold permits issued under the National Pollution Discharge Elimination System (NPDES), pursuant to the Federal Water Pollution Control Act, as amended by the Federal Clean Water Act, 33 U.S.C., Section 1251 et seq. In some […]
A Central Treatment Trust, as defined in Section 2 of this act, is hereby granted the authority, exercisable by a duly enacted resolution of its Board of Trustees, to elect that its waste water treatment facilities shall be deemed to constitute “treatment works” that are publicly owned within the meaning of 33 U.S.C., Sections 1292 […]
A Central Treatment Trust that makes the election provided for in Section 3 of this act shall have the following powers (terms used, but not defined, in this section, but defined in 40 CFR, Section 403.3, shall have the same meanings ascribed to them in 40 CFR, Section 403.3): 1. To develop a publicly owned […]
A. Once a Central Treatment Trust has made the election and given the notice specified in Section 3 of this act, and entered into the coordinating agreement with the Department as specified in paragraph 2 of Section 4 of this act, the Department, in addition to all of its other authority under state or federal […]
At such time as the Central Treatment Trust’s National Pollution Discharge Elimination System permit terminates, and any application for issuance of an interim, successor, renewal or substitute permit has been finally rejected or abandoned, or the CTT’s waste treatment system is sold or leased to a for-profit entity, the CTT shall so certify to the […]
Nothing in this act shall directly or indirectly increase, decrease, limit or in any other manner affect the legal status, capacity, rights, powers or duties of any CTT in any area separate from its NPDES permit and the ownership and operation of its POTW. Added by Laws 1993, c. 217, § 7, eff. July 1, […]
A. Chapter 2 of this title shall be known and may be cited as the “Oklahoma Environmental Quality Code”. B. All statutes hereinafter enacted and codified in Chapter 2 of this title shall be considered and deemed part of the Oklahoma Environmental Quality Code. Added by Laws 1993, c. 145, , § 12, eff. July […]
As used in the Oklahoma Environmental Quality Code: 1. “Administrative hearing” means an individual proceeding, held by the Department when authorized by the provisions of this Code and conducted pursuant to the Administrative Procedures Act, this Code and rules promulgated thereunder, for a purpose specified by this Code. “Administrative hearing” includes “administrative permit hearing”, “enforcement […]
A. The board of county commissioners in each county of the state shall develop a plan, subject to the approval of the Department of Environmental Quality, to provide a solid waste management system to handle adequately solid wastes generated or existing within the boundaries of such county. An application for a solid waste transfer station […]
This article shall be known and may be cited as the Oklahoma Solid Waste Management Act. Laws 1970, c. 69, § 1, emerg. eff. March 17, 1970. Renumbered from Title 63, § 2251 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1, […]
