(a) Right of access. The permit application for a new solid waste disposal facility, or expansion of the permit boundaries of an existing solid waste disposal facility, must contain:
- (1) a true and correct copy of a legal document filed in the county in which the facility is located, demonstrating that the applicant possesses a legal right to access and use the property in the manner for which the permit is sought, including any on- or off-site soil borrow areas, throughout the life of the site and the required post-closure monitoring period; and
- (2) a certification, by affidavit, that the applicant owns the real property, has a current lease or easement which is given to accomplish the permitted purpose, or has provided legal notice to the landowner.
- (b) Option for use. If an option for right of access is predicated upon the issuance of a permit prior to the exercise of that option, then the applicant must submit a copy of the option with the permit application. Once the permit has been issued, the applicant must comply with (a) of this Section prior to beginning construction.
- (c) Easement to the DEQ. Unless the property owner is a unit of government, a temporary easement shall be executed allowing the DEQ and/or its contractors the right to access the property to perform closure, post-closure monitoring, or corrective action in the event of default by the owner/operator.
Added at 20 Ok Reg 1151, eff 6-1-03