Okla. Admin. Code § 165:5-1-29

Current through Vol. 42, No. 7, December 16, 2024

Section 165:5-1-29 - Pollution complaint resolution

(a) All pollution complaints received by the Commission that are not closed pursuant to 165:5-1-28, and that involve issues over which the Commission has jurisdiction, shall be handled in such manner as to ensure that pollution complaint resolution shall be achieved within 180 days of receipt of the pollution complaint.

(b) Pollution complaint resolution is not achieved until a written determination is made by the Commission, or any duly authorized representative of the Commission, that:

(1) the facts and circumstances of a pollution complaint do not constitute a violation of law or rule within the Commission's jurisdiction; or

(2) the facts and circumstances of a pollution complaint constitute a violation of law or rule within the Commission's jurisdiction but for which an adequate remedy including abatement and mitigation of pollution or appropriate punishment has been implemented to the extent possible; or

(3) the facts and circumstances of a pollution complaint constitute a violation of law or rule within the Commission's jurisdiction and for which an individual proceeding has been initiated before the Commission, an Administrative Law Judge of the Commission, or before a court of competent authority; or

(4) a long term site remediation has been initiated that is expected to take longer than 180 days from receipt of the pollution complaint to complete, and such remediation is being performed pursuant to an administrative or judicial order.

(c) A copy of the written determination shall be sent, by mail, facsimile, or electronic mail, within seven (7) days of its preparation, to the complainant, alleged violator, and other relevant parties, if known.

Okla. Admin. Code § 165:5-1-29

Added at 10 Ok Reg 1271, eff 3-17-93 (emergency); Added at 10 Ok Reg 4243, eff 8-12-93

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