Okla. Admin. Code § 165:30-3-13

Current through Vol. 41, No. 19, June 17, 2024

Section 165:30-3-13 - Deleterious Substance Transport Permit

(a) No person, motor carrier or private carrier shall transport any deleterious substance(s) in any quantity over twenty (20) gallons, without a Deleterious Substance Transport Permit (DSTP), to be issued by the Commission. A DSTP is required for soils contaminated by deleterious substances unless exempted under subsection (b) of this Section. The DSTP shall be required in addition to a motor carrier license as prescribed by this Chapter, when required.

(b) A DSTP is not required when:

(1) Transporting deleterious substances to be applied to land pursuant to a soil farming permit. A valid copy of the soil farming permit must be carried in the vehicle at the time of transportation; or,

(2) Transporting contaminated soil which surrounded a leaking underground storage tank or a leaking pipeline when such soil is being transported to and can be legally disposed of in a landfill permitted by the Oklahoma Department of Environmental Quality.

(c) No person, motor carrier or private carrier shall dump, disperse or otherwise release deleterious liquids or substances described herein upon a public highway, on private property, or at any place except as authorized by law.

(d) No motor vehicle used to transport salt water or other deleterious substances shall be equipped with a release device which can be operated in any manner from within the cab of any motor vehicle.

(e) The Commission may issue the permit upon applicant fulfilling all requirements. If issued, a copy of the permit must be carried in each motor vehicle transporting a deleterious substance. Motor carriers must maintain valid liability insurance on file with this Commission in accordance with OAC 165:30-3-11. Failure to do so shall subject the permit to revocation.

(f) Notice of the application and hearing thereon shall not be required, unless the Commission shall so direct.

(g) Every person, motor carrier or private carrier holding a DSTP or transporting deleterious substances not requiring a DSTP pursuant to subsection (b) of this Section, shall maintain an accurate register in numerical order at the principal place of business and retain for inspection by Commission personnel at all times. The register shall consist of the shipping document or criteria as provided in (g) of this Section.

(h) Every vehicle transporting deleterious substances, whether under a DSTP or pursuant to subsection (b) of this Section, shall carry an individual shipping document for each load containing the information as follows:

(1) Vehicle identification

(2) Driver name

(3) Shipper name

(4) Legal description of the origin of the load

(5) Volume and description of substance

(6) Legal description of the destination of the load

(i) The shipping documentation may be transferred to the register. The register shall be maintained in numerical order by the permit holder and retained for inspection by Commission personnel at all times.

(j) Failure to maintain and preserve the records provided herein shall be grounds for revocation of the permit.

Okla. Admin. Code § 165:30-3-13

Amended at 11 Ok Reg 3727, eff 7-11-94; Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 24 Ok Reg 1814, eff 7-1-07

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019