§ 27A-2-6-103 — Powers and duties of Department, Board and Executive

Director. A. The Department of Environmental Quality shall have and is hereby authorized to exercise the power and duty to: 1. Develop comprehensive programs for the prevention, control and abatement of new or existing pollution of the waters of this state; 2. Encourage, participate in, or conduct studies, investigations, research and demonstrations relating to water pollution and causes, prevention, control and abatement thereof as it may deem advisable and necessary in the public interest for the discharge of its duties under Section 2-6-101 et seq. of this title; 3. Collect and disseminate information relating to water pollution and the prevention, control and abatement thereof; 4. Require the submission of and review plans, specifications and other data relative to disposal or treatment systems or any part thereof in connection with the issuance of such permits as are required by this article; 5. Enforce the provisions of this article, rules promulgated thereunder, and permits, licenses, and certifications issued pursuant thereto and Oklahoma Water Quality Standards; 6. Establish, implement, amend and enforce the Water Quality Management Plan, the continuing planning process documents, and total maximum daily loads; 7. Require the submission of reports or laboratory analyses performed by certified laboratories or operators for purposes of compliance monitoring and testing or other purposes for which laboratory reports or analyses are required pursuant to this article; 8. Coordinate the preparation of the continuing planning process documents and total maximum daily loads with other environmental agencies and natural resource agencies; and 9. Issue swimming and fishing advisories related to human and animal health hazards for waters of the state, based on available data. B. 1. The Environmental Quality Board shall have the authority to promulgate such rules as may be necessary to implement the policies and duties set forth in this article including, but not limited to, rules pertaining to services, permits, licenses and certifications including certifications under Section 401 of the Clean Water Act, and, pursuant to Section 2-3-402 of this title, fee schedules for such services, permits, licenses and certifications. 2. The Board may adopt by reference standards of quality of the waters of the state and classifications of such waters as are lawfully established by the Department of Environmental Quality and the United States Environmental Protection Agency as Oklahoma Water Quality Standards, may directly adopt variances and site-specific criteria to such water quality standards, and promulgate other rules to protect, maintain and improve the best uses of waters in this state in the interest of the public under such conditions as may be necessary or appropriate for the prevention, control and abatement of pollution. 3. The Board shall promulgate rules which describe procedures for amending and updating the Water Quality Management Plan or which are otherwise consistent with the Continuing Planning Process and its components. Such rules shall: a. be in substantial conformance with any applicable federal requirements and may incorporate appropriate U.S. Environmental Protection Agency regulations by reference, and b. require public notice to be given of any major amendment and of any update of the Water Quality Management Plan and allow not less than a forty-five- day opportunity for public comment thereon. Such rules shall also authorize the Department, if it determines public interest in the proposed amendment or update is significant, to give notice of and conduct a public meeting on the proposals in accordance with federal requirements. The rules shall provide that the notice, comment period, and public meeting if any, related to an amendment or update proposed in conjunction with the issuance, modification or renewal of a discharge permit or permits, may be combined with the notice, comment period, and public meeting if any, held on the proposed permit action or actions. C. The Executive Director may: 1. Issue, modify, or revoke orders: a. prohibiting or abating pollution of the waters of the state, b. requiring the construction of new disposal or treatment systems or any parts thereof or the modification, extension or alteration of existing disposal or treatment systems or any part thereof, or the adoption of other remedial measures to prevent, control or abate pollution, and c. requiring other actions such as the Executive Director may deem necessary to enforce the provisions of this article and rules promulgated thereunder; 2. Issue, continue in effect, revoke, amend, modify or deny, renew, or refuse to renew under such conditions as the Department may prescribe, permits, licenses and certifications including certifications under Section 401 of the Clean Water Act, to prevent, control or abate pollution of waters of the state; and 3. Exercise all incidental powers which are necessary and proper to carry out the purposes of this article.

Legislative History

Added by Laws 1972, c. 242, § 3. Amended by Laws 1980, c. 232, § 1, eff. May 21, 1980; Laws 1988, c. 46, § 1, emerg. eff. March 21, 1988; Laws 1993, c. 145, § 58, eff. July 1, 1993. Renumbered from § 926.3 of Title 82 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 20, eff. July 1, 1993; Laws 1994, c. 353, § 9, eff. July 1, 1994; Laws 1997, c. 217, § 3, eff. July 1, 1997; Laws 1999, c. 380, § 1, emerg. eff. June 8, 1999; Laws 2022, c. 185, § 5, eff. Nov. 1, 2022; Laws 2024, c. 452, § 25, emerg. eff. June 14, 2024.