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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 252. Department of Environmental Quality |
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Chapter 4. Rules of Practice and Procedure |
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Subchapter 1. General Provisions |
SECTION 252:4-1-2. Definitions
Latest version.
- 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 Radiation Management Advisory Council, the Solid Waste Management Advisory Council, and the Water Quality Management 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.