SECTION 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 prior authorization from and under the supervision of the Records Coordinator or his/her designee.

(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, only if the Records Coordinator or his/her designee determines that the DEQ's staff or equipment is inadequate to perform all or part of the project.

(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(17) and 40 CFR Part 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.

[Source: Added at 18 Ok Reg 1922, eff 6-11-01; Amended at 22 Ok Reg 1443, eff 6-15-05; Amended at 30 Ok Reg 1055, eff 7-1-13]