A. All fly ash, bottom ash or any other such material produced by coal combustion, power-generating facilities shall be exempt from all solid waste permitting requirements pursuant to Title 27A of the Oklahoma Statutes, provided such ash is constructively reutilized, or disposed of in any active or inactive coal mining operation subject to the provisions contained in Title 45 of the Oklahoma Statutes. The disposal of fly ash, bottom ash or any other such material generated by the burning of coal for the purpose of generating electricity by electric utilities and independent power producers in any noncoal mining operation shall be subject to the solid waste permitting requirements in Title 27A of the Oklahoma Statutes.
B. All ash and kiln dust generated by cement-producing entities shall be exempt from all solid waste permitting requirements pursuant to Title 27A of the Oklahoma Statutes, provided such ash or dust is constructively reutilized, or disposed of in any active or inactive coal or noncoal mining operation subject to the provisions contained in Title 45 of the Oklahoma Statutes.
Added by Laws 1991, c. 45, § 1, emerg. eff. April 4, 1991. Amended by Laws 1997, c. 161, § 2, emerg. eff. April 25, 1997; Laws 2016, c. 168, § 2, eff. Nov. 1, 2016.