Okla. Admin. Code § 252:515-5-31

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

Section 252:515-5-31 - Restrictions on location of permit boundary

(a)Scenic rivers.

(1)Prohibition. Except as provided in (2) of this Subsection, no area within the permit boundary of a new solid waste disposal facility, or expansion of the permit boundary of an existing solid waste disposal facility, shall be located within the drainage basin of any river designated under the Oklahoma Scenic Rivers Commission Act.

(2)Exception. This restriction may be waived if the Scenic Rivers Commission that manages the affected river, or in the absence of such commission, the Oklahoma Tourism and Recreation Department, provides a statement that the proposed facility is not expected to adversely affect the river or any of the public purposes for which it was designated. Such statement shall be provided to the DEQ.

(b)Recreation/preservation areas.

(1)Prohibition. Except as provided in (2) of this Subsection, no area within the permit boundary of a new solid waste disposal facility, or expansion of the permit boundary of an existing solid waste disposal facility, shall be located within one-half mile of any area formally dedicated and managed for public recreation or natural preservation by a federal, state, or local government agency.

(2)Exception. This restriction may be waived if the appropriate management agency provides a statement that the proposed facility is not expected to adversely affect the existing recreation or natural preservation area. Such statement shall be submitted to the DEQ.

(c)Endangered or threatened species. For a new solid waste disposal facility, or expansion of the permit boundary of an existing solid waste disposal facility, a statement from the Oklahoma Department of Wildlife Conservation (ODWC) and from the Oklahoma Biological Survey (OBS), shall be submitted regarding current information about endangered or threatened wildlife or plant species listed in state and federal laws, that exist within one mile of the permit boundary or expansion area.

(1)Address potential impacts. If threatened or endangered species exist within, or periodically utilize any area within, or within one mile of, the permit boundary or expansion area, the projected impacts on the identified species shall be addressed, and measures specified to avoid or mitigate the impacts.

(2)Mitigation plan required. When impacts are unavoidable, a mitigation plan that has been approved by ODWC for wildlife or OBS for plants, shall be submitted to the DEQ.

Okla. Admin. Code § 252:515-5-31

Added at 20 Ok Reg 1151, eff 6-1-03