SECTION 310:681-9-4. Permit applications

(a)   Application fee. An applicant for a waste disposal facility permit, or renewal thereof, shall submit to the Department a completed application on a form and in a manner prescribed by the Department, along with the application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. A waste disposal facility permit application shall be submitted after and associated with an approved waste disposal facility license application.

(b)   Submission. The application shall be on the Department prescribed form and shall include the following information about the establishment:

(1)   Name and license number of the waste disposal facility licensee associated with the permit;

(2)   Physical address of the establishment, including the county in which any licensed premises will be located;

(3)   GPS coordinates of the establishment;

(4)   Phone number and email of the establishment;

(5)   Hours of operation of the establishment.

(6)   Mailing address of the establishment;

(7)   An attestation that the information provided by the applicant is true and correct;

(8)   An attestation that any licensed premises shall not be located on tribal lands;

(9)   A statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana; and

(10)   An attestation that applicant is authorized to make application on behalf of the entity.

(c)   Supporting documentation. Each application shall be accompanied by the following documentation:

(1)   Proof that the proposed location of the waste disposal facility is a least one thousand (1,000) feet from a public or private school. The distance specified shall be measured from any entrance of the school to the nearest property line point of the facility;

(2)   Proof of sufficient liability insurance. Liability insurance shall be provided by the applicant and shall apply to sudden and nonsudden bodily injury and property damage on, below, and above the surface of the facility. Such insurance shall be maintained for the period of operation of the facility and shall provide coverage for damages resulting from operation of the facility during operation and after closing. Sufficient liability insurance means that the licensee shall maintain at all times insurance coverage with at least the following minimum limits:

(A)   Commercial General Liability: $5,000,000.00;

(B)   Pollution Legal Liability: $5,000,000.00 each occurrence;

(3)   Relevant waste permit(s) from the Oklahoma Department of Environmental Quality; and

(4)   Any further documentation the Department determines is necessary to ensure the commercial applicant is qualified under Oklahoma law and this Chapter to obtain a waste disposal facility license.

(d)   Incomplete application. Failure to submit a complete application with all required information and documentation shall result in a rejection of the application. The Department shall notify the applicant via email through the electronic application account of the reasons for the rejection.

[Source: Added at 37 Ok Reg 168, eff 11-1-19 (emergency); Added at 37 Ok Reg 1461, eff 9-11-20]