Oklahoma Administrative Code Title 252 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Overview of Oklahoma Administrative Code Title 252 – Department of Environmental Quality (DEQ)
Title 252 of the Oklahoma Administrative Code (OAC) encompasses the rules and regulations established by the Oklahoma Department of Environmental Quality (DEQ). These regulations are designed to protect public health and the environment by managing air, water, and land resources, as well as overseeing waste management and pollution control.
Structure of Title 252
Title 252 is divided into several chapters, each addressing specific environmental concerns:
Chapter 1 – Procedures of the Environmental Quality Board: This chapter outlines the procedures for the Environmental Quality Board, including rulemaking processes and public participation.
Chapter 2 – Procedures of the Department of Environmental Quality: Details the operational procedures of the DEQ, including administrative functions and internal processes.
Chapter 3 – Procedures of the Environmental Quality Councils: Describes the roles and procedures of various environmental quality councils within the DEQ.
Chapter 4 – Rules of Practice and Procedure: Establishes the rules governing administrative hearings, public forums, and other procedural matters.
Chapter 5 – Air Pollution Control: Addresses regulations related to air quality, including emissions standards and permitting requirements.
Chapter 6 – Hazardous Waste Management: Covers the management, treatment, and disposal of hazardous wastes to prevent environmental contamination.
Chapter 7 – Water Quality Standards: Sets forth standards for water quality to protect aquatic life and public health.
Chapter 8 – Waste Management: Regulates the management of solid and non-hazardous wastes, including landfills and recycling programs.
Chapter 9 – Emergency Planning and Community Right-to-Know: Ensures public access to information about hazardous chemicals and emergency planning.
Chapter 10 – Lead-Based Paint Management: Addresses the identification and management of lead-based paint hazards.
Key Regulations and Procedures
Chapter 4 – Rules of Practice and Procedure
This chapter outlines the procedures for administrative hearings, public forums, and other procedural matters within the DEQ. It ensures transparency and public participation in environmental decision-making processes.
Chapter 5 – Air Pollution Control
Regulations in this chapter set forth standards for air quality, including emissions limits for various pollutants and requirements for air quality permits. These rules aim to protect public health and the environment from the adverse effects of air pollution.
Chapter 6 – Hazardous Waste Management
This chapter governs the management, treatment, and disposal of hazardous wastes. It includes provisions for waste classification, storage, transportation, and disposal to prevent environmental contamination and protect public health.
Chapter 7 – Water Quality Standards
Regulations in this chapter establish water quality standards to protect aquatic life and public health. They define designated uses for water bodies, set water quality criteria, and outline antidegradation requirements to maintain and protect water quality.
Relevant Case Law
Sharp v. 251st Street Landfill, Inc. (1996)
In this case, the Oklahoma Supreme Court addressed issues related to landfill siting and compliance with DEQ regulations. The court emphasized the importance of adhering to environmental standards and the DEQ's authority in regulating landfill operations. The decision reinforced the DEQ's role in ensuring environmental protection and public health.
Waste Connections, Inc. v. Oklahoma Department of Environmental Quality (2002)
This case involved a dispute over the application of DEQ regulations to a landfill operation. The Oklahoma Supreme Court ruled that the DEQ had the authority to enforce its regulations and that the company must comply with the applicable environmental standards. The decision upheld the DEQ's regulatory authority and underscored the necessity for businesses to adhere to environmental laws.
Conclusion
Oklahoma Administrative Code Title 252 establishes a comprehensive framework for environmental protection in the state. Through its various chapters, it provides detailed regulations for managing air, water, and land resources, as well as overseeing waste management and pollution control. The DEQ plays a crucial role in implementing and enforcing these regulations to safeguard public health and the environment.
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