SECTION 252:517-3-5. Legal right to property

(a)   Right of access. The permit application for a new CCR unit, or expansion of the permit boundaries of an existing CCR unit, must contain:

(1)   a true and correct copy of a legal document filed in the county in which the facility is located, demonstrating that the applicant possesses a legal right to access and use the property in the manner for which the permit is sought, including any on- or off-site soil borrow areas, throughout the life of the site and the required post-closure monitoring period; and

(2)   a certification, by affidavit, that the applicant owns the real property, has a current lease or easement which is given to accomplish the permitted purpose, or has provided legal notice to the landowner.

(b)   Option for use. If an option for right of access is predicated upon the issuance of a permit prior to the exercise of that option, then the applicant must submit a copy of the option with the permit application. Once the permit has been issued, the applicant must comply with (a) of this Section prior to beginning construction.

(c)   Easement to the DEQ. Unless the property owner is a unit of government, a temporary easement shall be executed allowing the DEQ and/or its contractors the right to access the property to perform closure, post-closure monitoring, or corrective action in the event of default by the owner/operator.

[Source: Added at 33 Ok Reg 1469, eff 9-15-16]