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§27A-2-10-1001.


§27A-2-10-1001.
   
   A. The board of county commissioners in each county of the state shall
   develop a plan, subject to the approval of the Department of
   Environmental Quality, to provide a solid waste management system to
   handle adequately solid wastes generated or existing within the
   boundaries of such county. An application for a solid waste transfer
   station to be located in a county with a population of less than
   twenty thousand (20,000) based on the 1990 Federal Decennial Census
   shall not be submitted to the Department unless it is included in the
   county plan submitted to the Department. The application shall be made
   in accordance with the permitting requirements in the Oklahoma Solid
   Waste Management Act. By agreement or contractual arrangement the
   board of county commissioners may assume responsibility for solid
   wastes generated within incorporated cities or towns whether within
   their counties or other counties. The board of county commissioners of
   a county may enter into agreements with other counties, one or more
   towns or cities, governmental agencies, with private persons, trusts
   or with any combination thereof to provide a solid waste management
   system for the county or any portion thereof.
   
   B. The county commissioners shall have the authority to levy and
   collect such fees and charges and require such licenses as may be
   appropriate to discharge their responsibility for a solid waste
   management system or any portion thereof. Such fees, charges and
   licenses shall be based on a fee schedule contained in an official
   resolution of the board of county commissioners and may be invoiced
   and collected by other public or private utility services in the
   normal course of their business.
   
   C. The board of county commissioners may accept and disburse funds
   derived from federal or state grants or from private sources or from
   monies that may be appropriated from the General Revenue Fund for the
   installation and operation of a solid waste management system.
   
   D. The board of county commissioners is authorized to contract for the
   lease or purchase of land, facilities and vehicles for the operation
   of a solid waste management system either for the county or as a party
   to a regional solid waste management district.
   
   E. The board of county commissioners of a county shall have the right
   to establish written policies in compliance with the plan approved by
   the Department for the operation of a solid waste management system
   including hours of operation, amount, character and kind of waste
   accepted at the solid waste container sites or any disposal site, and
   such other rules as may be necessary for the safety of the operating
   personnel, persons using the sites and the general public.
   
   F. The board of county commissioners of a county is authorized to hire
   such persons, including peace officers, as may be necessary to
   administer the county solid waste management system, enforce policies
   established pursuant to the solid waste plan and issue citations for
   violation of the solid waste laws of the State of Oklahoma.
   
   G. Any person who violates any policy established by the board of
   county commissioners for the operation of a solid waste management
   system created pursuant to the provisions of this section, shall be
   subject to a civil penalty not to exceed Five Hundred Dollars
   ($500.00) per day. Each violation shall constitute a separate offense.
   
   H. The provisions of this section requiring approval of the Department
   for plans providing for a solid waste management system, shall not
   apply to counties having a solid waste management system plan in
   effect on July 1, 1992. For any county having a solid waste management
   system plan in effect on July 1, 1992, the county commissioners may
   charge and collect reasonable service and disposal fees as necessary
   for any nonhazardous industrial solid waste collection and disposal
   system. In determining reasonable fees for any nonhazardous industrial
   solid waste collection and disposal system, the county may take into
   account the damage and repair of access roads, litter control,
   surveillance, civil defense, and such other costs and expenditures
   deemed necessary by the county. Any person subject to the assessment
   of such fees who is aggrieved at the action of the commissioners in
   determining the amount of such fees, may appeal the action of the
   commissioners to the district court of the county for a review as to
   the reasonableness of the fees. The decision of the court shall be
   final and binding upon the commissioners, provided that any such order
   of the commissioners assessing the fees shall be binding until
   reversed by the court.
   

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