License applications

(a) Application fee. An applicant for a waste disposal facility license, or renewal thereof, shall submit to the Department a completed application on a form and in a manner prescribed by the Department, along with the application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. (b) Submission. The application shall be on the Department prescribed form and shall include the following information about the establishment: (1) Name of the establishment; (2) Physical address of the establishment, including the county in which any licensed premises will be located; (3) GPS coordinates of the establishment; (4) Phone number and email of the establishment; (5) Hours of operation for any licensed premises; (6) Type of waste facility; and (7) Proposed number and location of additional waste disposal facilities associated with the applicant. (c) Individual applicant. The application for a waste disposal facility license made by an individual on his or her own behalf shall be on the Department prescribed form and shall include at a minimum: 65 2021.09.11_OSDH681_OMMARulesChapterAsAmended (1) The applicant's first name, middle name, last name, and suffix if applicable; (2) The applicant's residence address and valid mailing address; (3) The applicant's date of birth; (4) The applicant's telephone number and email address; (5) An attestation that the information provided by the applicant is true and correct; (6) An attestation that any licensed premises shall not be located on tribal lands; and (7) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana. (d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a waste facility license made by an individual on behalf of an entity shall include: (1) An attestation that applicant is authorized to make application on behalf of the entity; (2) Full name of organization; (3) Trade name, if applicable; (4) Type of business organization; (5) Mailing address; (6) Telephone number and email address; and (7) The name, residence address, and date of birth of each owner and each member, manager, and board member, if applicable. (e) Supporting documentation. Each application shall be accompanied by the following documentation: (1) A list of all persons and/or entities that have an ownership interest in the entity; (2) If applicable, Aa certificate of good standing from the Oklahoma Secretary of State, if applicable; (3) If applicable, official documentation from the Secretary of State establishing the applicant’s trade name; (3)(4) An Affidavit of Lawful Presence for each owner; (4)(5) Proof that the proposed location of the waste disposal facility is a least one thousand (1,000) feet from a public or private school. The distance specified shall be measured from any entrance of the school to the nearest property line point of the facility; (5)(6) Documents establishing the applicant, the members, managers, and board members, if applicable, and seventy-five percent (75%) of the ownership interests are Oklahoma residents as established in 63 O.S. § 420 et seq., and OAC 310:681-1-6 (relating to proof of residency); (6)(7) Proof of sufficient liability insurance. Liability insurance or a letter of insurability from the insurance company shall be provided by the applicant and shall apply to sudden and nonsudden bodily injury and property damage on, below, and above the surface of the facility. Such insurance shall be maintained for the period of operation of the facility during operation and after closing. Sufficient liability insurance means that the licensee shall maintain at all times insurance coverage with at least the following 66 2021.09.11_OSDH681_OMMARulesChapterAsAmended minimum limits: (A) Commercial General Liability: $5,000,000.00 each occurrence; (B) Pollution Legal Liability: $5,000,000.00 each occurrence; (7)(8) Relevant waste permit(s) from the Oklahoma Department of Environmental Quality or the Oklahoma Department of Agriculture; and (8)(9) Any further documentation the Department determines is necessary to ensure the applicant is qualified under Oklahoma law and this Chapter to obtain a waste disposal facility license. (f) Incomplete application. Failure to submit a complete application with all required information and documentation shall result in a rejection of the application. The Department shall notify the applicant via email through the electronic application account of the reasons for the rejection.