Oklahoma § 69-601.4 - Application of waste oil to streets and roads

§ 69-601.4. Application of waste oil to streets and roads

prohibited.

A. Except as otherwise provided in this section, the practice

of applying waste oil to any street or road in this state is hereby

prohibited. Upon authorization of the Corporation Commission and

compliance with the provisions of this section, a board of county

commissioners of any county in this state may apply waste oil to any

street or road in the county.

B. The Corporation Commission may issue authorization for the

application of waste oil on any street or road in this state. No

authorization shall be issued except upon proper application and a

showing by the county requesting such authorization that the use of

waste oil on the street or road is necessary for the care,

maintenance, and improvement of the street or road, that such

activity is in the public interest, and that the procedure for the

application of the waste oil shall be made in such a manner so as to

protect any adjoining public or private property from damage and

made in such a manner so as to prevent the pollution of surface and

subsurface waters.

C. The Corporation Commission shall promulgate rules and

regulations which are necessary to protect, from damage, public and

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

private property adjoining any street or road upon which waste oil

is to be applied and prevent the pollution of surface and subsurface

waters and which are reasonable and necessary to effectuate and

enforce the provisions of this section including but not limited to

the types of waste oil which may be used in such applications and

when the application of the waste oil shall be made. The

Corporation Commission shall supervise the application of waste oil

to ensure that such application is made in the manner required by

the rules and regulations promulgated by the Commission pursuant to

this section.

D. Any person who authorizes the application of or applies

waste oil to any street or road without authorization of the

Corporation Commission or in violation of any rule or regulation of

the Corporation Commission promulgated pursuant to this section

shall be held personally liable. A proven violation of the

provisions of this section or of any rules or regulations

promulgated thereto shall be punishable, in the first instance, by a

fine not in excess of Two Thousand Five Hundred Dollars ($2,500.00).

A second proven violation in any calendar year shall result in a

fine not in excess of Five Thousand Dollars ($5,000.00). A third

proven violation in any calendar year shall result in a fine not in

excess of Ten Thousand Dollars ($10,000.00) and suspension of

authority for up to thirty (30) days.

E. For the purpose of this section, "waste oil" includes crude

petroleum oil or other hydrocarbons produced from or obtained or

used in connection with the drilling, development, producing and

processing of oil or any residue obtained from any oil storage

facility. The term waste oil shall not include any hydrocarbon to

which lead has been added.

Added by Laws 1985, c. 340, § 1, emerg. eff. July 30, 1985.