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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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