Okla. Admin. Code § 165:10-7-22

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-7-22 - Permits for County Commissioners to apply waste oil, waste oil residue, or crude oil contaminated soil to roads

(a)Prohibition against application of waste oil, waste oil residue, or crude oil contaminated soil without permit. This Section prohibits any Board of County Commissioners from applying waste oil, waste oil residue, or crude oil contaminated soil to a street or road without a permit.

(b)Permit by appropriate Conservation Division District Office. A District Manager for the Conservation Division may issue to a Board of County Commissioners for a county within the district a permit to apply waste oil, waste oil residue, or crude oil contaminated soil to a street or road within the county.

(c)Permit requirements.

(1)Use of Form 1014W. The application and permit to apply waste oil, waste oil residue, or crude oil contaminated soil shall be made on Form 1014W, which shall be submitted by electronic mail to the Manager of the appropriate Conservation Division District Office.

(2)Telephone permits. In case of emergency, a District Manager may issue a permit by telephone. If an applicant obtains a permit by telephone, then the applicant shall file Form 1014W and attachment within five business days after receipt of the permit by telephone.

(3)Conditions for permit.

(A) Waste oil, waste oil residue, and contaminated soils applied under this Section shall consist of crude oil and materials produced with crude oil only and shall not contain any refined oils such as motor oils, lubricants, compressor oils or hydraulic fluids.

(B) If required by the District Manager, a hydrocarbon analysis shall be submitted with Form 1014W. The analysis shall be performed by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma in accordance with OCC-approved methods.

(C) Waste oil, waste oil residue, and crude oil contaminated soil shall be applied in such a manner that pollution of surface or subsurface waters will not likely occur and public and private property adjoining the street or road will be protected.

(D) During operations for road oiling, all necessary signs, lights, and other safety and warning devices shall be used to alert road users to conditions. A sign shall be posted with the contractor or authority's name and phone number to contact in case of emergency.

(E) Following completion of the project there shall be a uniform soil/oil base (all liquid worked in), with no visible free-standing oil.

(F) Proper care shall be taken to avoid runoff of oil or water into borrow ditches or adjacent areas.

(G) No road oiling shall be conducted:

(i) When the temperature is less than 45° F.

(ii) In any area where water collects and stands.

(iii) Where soil moisture content or road conditions such as soil type, tight soil conditions, packed soil conditions, or grade limits prevent rapid absorption of the oil.

(d)Notice to appropriate Conservation Division District Office. The Board of County Commissioners receiving the permit shall notify the appropriate Conservation Division District Office at least two days prior to commencement of road oiling under a permit.

(e)Site inspection. At his discretion, a District Manager may request a Field Inspector of the Conservation Division or an Enforcement Officer of the Transportation Division to inspect the site at any time during the road oiling operation to ensure compliance with this Section.

(f)Duration of permit. The permit shall state the duration of the permit, and it shall also state that if the application fails to comply with either the terms of the permit or the terms of this Section, then the permit shall terminate automatically.

(g)Disapproval or cancellation of permits.

(1) If a District Manager receives a complaint about a road oiling permit, he shall cause an investigation of the complaint to be made as soon as practicable. During the investigation, the District Manager may direct the applicant to cease road oiling under a permit. If necessary, the District Manager may verbally revoke the permit.

(2) If a District Manager disapproves an application or cancels a permit, the applicant may apply to the Commission for an order under OAC 165:5-7-41.

Okla. Admin. Code § 165:10-7-22

Amended at 12 Ok Reg 2017, eff 7-1-95; Amended at 23 Ok Reg 2229, eff 7-1-06

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018