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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3824 By: Newton
AS INTRODUCED
An Act relating to environment and natural resources;
amending 27A O.S. 2021, Section 1 -3-101, which
relates to state environm ental agencies; modifying
certain responsibilities of Department of
Environmental Quality ; amending 27A O.S. 2021,
Section 2-6-103, which relates to powers and du ties
of the Department of Environmental Quality; allo wing
for the direct adoption of certain water quality
variances; amending 82 O.S. 2021, Section 1085.2,
which relates to the authority of the Oklahoma Water
Resources Board; modifying certain authority of the
Board; amending 82 O.S. 2021, Section 1085.30, which
relates to Oklahoma W ater Quality Standards; m aking
exception for certain Department-adopted variances;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27 A O.S. 2021, Section 1 -3-101, is
amended to read as follows:
Section 1-3-101. A. The provisions of this section specify the
jurisdictional areas of responsibility for each state environmental
agency and state agencie s with limited environmental responsibility.
The jurisdictional areas of environmental responsibility specified
in this section shall be in addition to those otherwise provided by
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law and assigned to the specific state environmental agency;
provided that any rule, interagency agreement or executive order
enacted or entered into prior to the effective date of this section
which conflicts with the assignment of jurisdictional environmental
responsibilities specified by this section is hereby superseded.
The provisions of this subsection shall not nullify any financial
obligation arising from services rendered pursuant to any
interagency agreement or executive order entered into prior to July
1, 1993, nor nullify any obligations or agreements with private
persons or parties entered into with any state environmental agency
before July 1, 1993.
B. Department of Environmental Quality. The Department of
Environmental Quality shall have the following jurisdictional areas
of environmental responsibility:
1. All point source discharges of pollutants and storm water to
waters of the state which origi nate from municipal, industrial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administration,
manufacturing and other sources, facilities and activities, except
as provided in subsections D and E of this section;
2. All nonpoint source discharges and pollution except as
provided in subsections D, E and F of this section;
3. Technical lead agency for poi nt source, nonpoint source and
storm water pollution control programs funded under Sect ion 106 of
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the federal Clean Water Act, for areas within the Department 's
jurisdiction as provided in this subsection;
4. Surface water and groundwater quality and prot ection and
water quality certifications;
5. Waterworks and wastewater works operator c ertification;
6. Public and private water supplies;
7. Underground injection control pursuant to the federal Safe
Drinking Water Act and 40 CFR Parts 144 through 148, except for:
a. Class II injection wells,
b. Class V injection wells utilized in the rem ediation of
groundwater associated with underground or aboveground
storage tanks regulated by the Corporation Commission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklahoma
Brine Development Act regulat ed by the Commission, and
d. any aspect of any CO2 sequestration facility,
including any associated CO2 injection well, over
which the Commission is given jurisdiction p ursuant to
the Oklahoma Carbon Capture and Geologic Sequestration
Act;
8. Notwithstanding any other provision in this section or other
environmental jurisdiction statute, sole and exclusive jurisdiction
for air quality under the federal Clean Air Act and applicable state
law, except for indoor air quality and asbestos as regulated for
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worker safety by the federal Occupational Safety and Health Act and
by Chapter 11 of Title 40 of the Oklahoma Statutes;
9. Hazardous waste and solid waste, including industr ial,
commercial and municipal waste;
10. Superfund responsibilities of the state under the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 and amendments thereto, except the planning requirements of
Title III of the Superfund Amendment and Reauthorization Act of
1986;
11. Radioactive waste and all regulatory ac tivities for the use
of atomic energy and sources of radiation except for electronic
products used for diagnosis by diagnostic x -ray facilities and
electronic products u sed for bomb detection by public safety bomb
squads within law enforcement agencies of this state or within law
enforcement agencies of any political subdivision of this state;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tanks or other public or private waste
disposal systems;
13. Emergency response as specified by law;
14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protection;
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17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enforcement of Oklahoma Water Quality
Standards and implemen tation documents, and adoption of water
quality standard variances to the extent that s uch variances are
utilized in and enforced through water quality permi ts issued by the
Department;
19. Environmental regulation of any entity or activity, and the
prevention, control and abatement of any pollution, not subject to
the specific statutory au thority of another state environmental
agency;
20. Development and maintenance of a computeriz ed information
system relating to water quality pursuant to Section 1 -4-107 of this
title;
21. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional area of environme ntal responsibility; and
22. Development and utilization of policies and requirements
necessary for the implementation of Oklahoma Groundwater Quality
Standards to the extent that the implementation of such standards
are within the scope of the Department 's jurisdiction, including but
not limited to the establishment of points of compliance when
warranted.
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C. Oklahoma Water Resources Board. The Oklahoma Water
Resources Board shall have the following jurisdictional areas of
environmental responsibility:
1. Water quantity including, but not limited to, water rights,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modification;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
6. Administration of the federal State Revolving Fund Program
including, but not limited to, making app lication for and receiving
capitalization grant awards, wastewater prioritization for funding,
technical project reviews, environmental review process, and
financial review and administration;
7. Water well drillers/pump installers licensing;
8. Technical lead agency for clean lakes eligible for funding
under Section 314 of the federal Clean Water Act or other applicable
sections of the federal Clean Water Act or other subsequent state
and federal clean lakes programs; administration of a state program
for assessing, monitoring, studying and restoring Oklahoma lakes
with administration to include, but not be limited to, receipt and
expenditure of funds from federal, stat e and private sources for
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clean lakes and implementation of a volunteer monitoring prog ram to
assess and monitor state water resources, provided such funds from
federal Clean Water A ct sources are administered and disbursed by
the Office of the Secretary o f Environment;
9. Except as set forth in paragraph paragraphs 18 and 22 of
subsection B of this section, statewide water quality standards and
their accompanying use support assessment protocols, ant i-
degradation policy and implementation, and policies ge nerally
affecting Oklahoma Water Quality Standards application and
implementation inclu ding but not limited to mixing zones, low flows
and variances or any modification or change thereof pursuant to
Section 1085.30 of Title 82 of the Oklahoma Statutes;
10. Groundwater protection for activities subject to the
jurisdictional areas of environm ental responsibility of the Board;
11. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional area of environmental responsibility;
12. Development of classifications and identification of
permitted uses of groundwater, in recognized water rights, and
associated groundwater rech arge areas;
13. Establishment and implementation of a s tatewide beneficial
use monitoring program for waters of the state in coordination with
the other state environmental agencies;
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14. Coordination with other state environmental agencies and
other public entities of water resource investigations conducted b y
the federal United States Geological Survey for water quality and
quantity monitoring in the state; and
15. Development and submission of a report concerning the
status of water quality monitoring in this state pursuant to Section
1-1-202 of this title.
D. Oklahoma Department of Agriculture, Food, and Forestry.
1. The Oklahoma Departmen t of Agriculture, Food, and Forestry
shall have the following jurisdictional areas of environmental
responsibility except as provided in paragraph 2 of this subsection:
a. point source discharges and nonpoint source runoff
from agricultural crop production , agricultural
services, livestock production, silviculture, feed
yards, livestock markets and animal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, feed, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastewater associated with milk
production facilities,
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g. groundwater protection for activiti es subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklahoma Water Qual ity
Standards and implementation documents,
i. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1 -1-
202 of this title fo r its jurisdictional areas of
environmental responsibility, and
j. storm water discharg es for activities subject to the
jurisdictional areas of environmental responsibility
of the Department.
2. In addition to the jurisdictional areas of environmental
responsibility specified in subsection B of this section, the
Department of Environmental Quality shall have environmental
jurisdiction over:
a. (1) commercial manufacturers of fertilizers, grain
and feed products, and chemicals, and over
manufacturing of foo d and kindred products,
tobacco, paper, lumber, wood, textile mill and
other agricultural products,
(2) slaughterhouses, but not including feedlots at
these facilities, and
(3) aquaculture and fish ha tcheries,
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including, but not limited to, discharges of
pollutants and storm water to waters of the state,
surface impoundments and land applica tion of wastes
and sludge, and other pollution originating at these
facilities, and
b. facilities which store gra in, feed, seed, fertilizer,
and agricultural chemicals t hat are required by
federal NPDES regulations to obtain a permit for storm
water discharges shall only be subject to the
jurisdiction of the Department of Environmental
Quality with respect to such st orm water discharges.
E. Corporation Commission.
1. The Corporation Commission is hereby vested with exclusive
jurisdiction, power and author ity, and it shall be its duty to
promulgate and enforce rules, and issue and enforce orders governing
and regulating:
a. the conservation of oil and gas,
b. field operations for geologic and geophysical
exploration for oil, gas and brine, including seismic
survey wells, stratigraphic test wells and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
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d. the exploration, drilling, development, production and
operation of wells used in connecti on with the
recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing o f salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oil tanks,
pipelines, pits and equipment associat ed with the
exploration, drilling, development, producing or
transportation of oil or gas,
f. underground injection control pursuant to the federal
Safe Drinking Water A ct and 40 CFR Parts 144 through
148, of:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated with
underground or aboveground storage tanks
regulated by the Commission,
(3) those wells used for the recovery, injection or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act, and
(4) any aspect of any CO2 sequestration facility,
including any associated CO2 injection well, over
which the Commission is given jurisdiction
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pursuant to the Oklahoma Carbon Capture and
Geologic Sequestration Act.
Any substance that the United States Environmental
Protection Agency allows to be injected into a Class
II well may continue to be so in jected,
g. tank farms for storage of crude oil and petro leum
products which are located outside the boundaries of
refineries, petrochemical man ufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdictio n of
the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in th e treatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection,
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(4) mineral brine processing plant, and
(5) petrochemical manufacturing plan t,
i. the handling, transportation, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the drilling, development,
producing and operating of oil and gas well s, at:
(1) any facility or activity specifically listed in
paragraphs 1 and 2 of this subsection as being
subject to the jurisdiction of the Commission,
and
(2) other oil and gas extraction facilities and
activities,
j. spills of deleterious substances ass ociated with
facilities and activities specified in paragraph 1 of
this subsection or associated with other oil a nd gas
extraction facilities and activities,
k. subsurface storage of oil, natural gas and liquefied
petroleum gas in geologic strata,
l. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Commission,
m. utilization and enforcement of Oklahoma Water Quality
Standards and implementation documents, and
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n. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1 -1-
202 of this title for its jurisdictional ar eas of
environmental responsibility.
2. The exclusive jurisdiction, power and authority of the
Commission shall also extend to the constructio n, operation,
maintenance, site remediation, closure and abandonment of the
facilities and activities described i n paragraph 1 of this
subsection.
3. When a deleterious substance from a Commission -regulated
facility or activity enters a point source disch arge of pollutants
or storm water from a facility or activity regulated by the
Department of Environmental Qualit y, the Department shall have sole
jurisdiction over the point source discharge of the commingled
pollutants and storm water from the two facili ties or activities
insofar as Department -regulated facilities and activities are
concerned.
4. The Commission an d the Department of Environmental Quality
are hereby authorized to obtain authorization from the Environmental
Protection Agency to administer, within their respective
jurisdictions, any and all programs regulating oil and gas
discharges into the waters of this state. For purposes of the
federal Clean Water Ac t, any facility or activity which is subject
to the jurisdiction of the Commission purs uant to paragraph 1 of
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this subsection and any other oil and gas extraction facility or
activity which requires a permit for the discharge of a pollutant or
storm water to waters of the United States shall be subject to the
direct jurisdiction and permitti ng authority of the Oklahoma agency
having received delegation of this program from the Environmental
Protection Agency.
5. The Commission shall have jurisdiction over:
a. underground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at the upstream or intermediate shi pment points of
pipeline operations, including, but not limited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillar y equipment
associated with the tanks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
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aviation fuel and that are not located at refineries
or at the upstream or intermediate shi pment points of
pipeline operations including, but not l imited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
soil, media, or debris shall b e regulated by the
Department of Environmental Quality, and
c. the Petroleum Storage Tank Release Environmental
Cleanup Indemnity Fund, the Okl ahoma Petroleum Storage
Tank Release Indemnity Program, and the Oklahoma
Leaking Underground Storage Tank Trust F und.
6. The Department of Environmental Quality shall h ave sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or solid or hazardous waste or other
pollutants from rolling stock and rail facilities. The Depart ment
of Environmental Quality shall not have any jurisdi ction with
respect to pipeline transportation of carbon dioxide.
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7. The Department of Environmental Quality shall have sole
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturing plants and
natural gas liquid extraction plants,
b. manufacturing of equipment and products related to oil
and gas,
c. bulk terminals, aboveground and undergroun d storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection, and
d. other facilities, activities and sources not subject
to the jurisdiction of the Commission or the Oklahoma
Department of Agriculture, Food, and Forestry a s
specified by this section.
8. The Department of Envir onmental Quality shall have sole
environmental jurisdiction to regulate air emissions f rom all
facilities and sources subject to operating permit requirements
under Title V of the federal Clean Air Ac t as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsibility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwi se provided by law;
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2. Monitoring, evaluation and asses sment of waters to determine
the condition of streams and rivers being impacted by nonp oint
source pollution. In carrying out this area of responsibility, the
Oklahoma Conservation Commission shall s erve as the technical lead
agency for nonpoint source ca tegories as defined in Section 319 of
the federal Clean Water Act or other subsequent f ederal or state
nonpoint source programs, except for activities related to
industrial and municipal storm water o r as otherwise provided by
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
5. Cost-share program for land use activities;
6. Assessment and conservation plan development and
implementation in watersheds of clean lakes, as specified by l aw;
7. Complaint data management;
8. Coordination of e nvironmental and natural resources
education;
9. Federal upstream flood control progra m;
10. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Commission;
11. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of environmental responsibility;
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12. Utilization of Oklahoma Water Quality Standa rds and
Implementation documents; and
13. Verification and certification of carbon sequestration
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Seques tration Act.
G. Department of Mines. The Department of Mines shall have the
following jurisdictional areas of environmental responsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
3. Groundwater protection for activities subject t o the
jurisdictional areas of environmental responsibili ty of the
Commission; and
4. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of responsibility.
H. Department of Wildlife Conservation. The Department o f
Wildlife Conservation shall have the following jurisdictional areas
of environmental responsibilities:
1. Investigating wildlife kills;
2. Wildlife protection and seeking wildlife damage claims; a nd
3. Development and promulgation of a Water Quality S tandards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of environmental responsibility.
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I. Department of Public Safety. The Department of Public
Safety shall have the following jurisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material transportation
inspections as authorized by the Hazardous Materials Transportation
Act; and
2. Inspection and audit activities of hazardous waste and
materials carriers and handlers as a uthorized by the Hazardous
Materials Transportation Act.
J. Department of Labor. The Department of Labor shall have the
following jurisdictional areas of environmental responsibility:
1. Regulation of asbestos in the workplace pursuant to Chapter
11 of Title 40 of the Oklahoma Statutes;
2. Asbestos monitoring in public and private buildi ngs; and
3. Indoor air quality as regulated under the authority of the
Oklahoma Occupational Health and Safety S tandards Act, except for
those indoor air quality issues specifically authorized to be
regulated by another agency.
Such programs shall be a fu nction of the Department's
occupational safety and health jurisdiction.
K. Oklahoma Department of Emergency Mana gement. The Oklahoma
Department of Emergency Management shall have the following
jurisdictional areas of environmental responsibilities:
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1. Coordination of all emergency resources and activities
relating to threats to citizens ' lives and property pursuan t to the
Oklahoma Emergency Resources Management Act of 1967;
2. Administer and enforce the planning requirements of Title
III of the Superfund Amendments and Reauthorization Act of 1986 and
develop such other emergency operations plans that will enable t he
state to prepare for, respond to, recover from and mi tigate
potential environmental emergencies and disasters pursuant to the
Oklahoma Hazardous Materials Planning and Notification Act;
3. Administer and conduct periodic exercises of emergency
operations plans provided for in this subsection pursuant to the
Oklahoma Emergency Resources Management Act of 1967;
4. Administer and facilitate haz ardous materials training for
state and local emergency planners and first responders pursuant to
the Oklahoma Emergency Resources Management Act of 1967; and
5. Maintain a computerized emergency information system
allowing state and local access to infor mation regarding hazardous
materials' location, quantity and potential threat.
SECTION 2. AMENDATORY 27 A O.S. 2021, Section 2 -6-103, is
amended to read as follows :
Section 2-6-103. A. The Department of Environmental Quality
shall have and is hereby authorized to exercise the power and duty
to:
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1. Develop comprehensive programs for the prevention, control
and abatement of new or existing pollution of the waters of this
state;
2. Encourage, participate in, or conduct studies,
investigations, research and demonstrations relating to water
pollution and causes, prevention, control and abate ment thereof as
it may deem advisable and necessary in the public interest for the
discharge of its duties under this act;
3. Collect and dissemi nate information relating to water
pollution and the prevention, control and abatement thereof;
4. Require the submission of and review plans, specifications
and other data relative to disposal or treatment systems or any part
thereof in connection with t he issuance of such permits as are
required by this article;
5. Enforce the provisions of this article, rules promulgated
thereunder, and permits, licenses, and certifications issued
pursuant thereto and Oklahoma Water Quality Standards;
6. Establish, implement, amend and enforce the Water Quality
Management Plan, the continuing planning process documents, and
total maximum daily loads;
7. Require the submission of reports or laboratory analyses
performed by certified laboratories or operators for purpos es of
compliance monitoring and testing or other purposes for which
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laboratory reports or analyses are require d pursuant to this
article;
8. Coordinate the preparation of the continuing planning
process documents and total maximum daily loads with other
environmental agencies and natural resource agencies; and
9. Issue swimming and fishing advisories related to human and
animal health hazards for waters of the state, based on available
data.
B. 1. The Environmental Quality Board shall have the authority
to promulgate such rules as may be necessary to implement the
policies and duties set forth in this article i ncluding, but not
limited to, rules pertaining to services, permits, licenses and
certifications, including certifications under Section 401 of th e
Clean Water Act, and, pursuant to Section 2 -3-402 of this title, fee
schedules for such services, permits, l icenses and certifications.
2. The Board may adopt by reference standards of quality of the
waters of the state and classifications of such water s as are
lawfully established by the Oklahoma Water Resources Board and the
United States Environmental Protec tion Agency as Oklahoma's Water
Quality Standards, may directly adopt variances to such water
quality standards, and promulgate other rules to pro tect, maintain
and improve the best uses of waters in this state in the interest of
the public under such cond itions as may be necessary or appropriate
for the prevention, control and abatemen t of pollution.
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3. The Board shall promulgate rules which descr ibe procedures
for amending and updating the Water Quality Management Plan or which
are otherwise consistent w ith the Continuing Planning Process and
its components. Such rules shall:
a. be in substantial conformance with any applicable
federal requirements and may incorporate appropriate
U.S. Environmental Protection Agency regulations by
reference, and
b. require public notice to be given of any major
amendment and of any update of the Water Quality
Management Plan and allow not less than a forty -five-
day opportunity for public comment thereon. Such
rules shall also authorize the Department, if it
determines public interest in the proposed amendment
or update is significant, to give notice o f and
conduct a public meeting on the proposals in
accordance with federal requirements. The rules shall
provide that the notice, comment period, and public
meeting if any, related to an amendment or update
proposed in conjunction with the issuance,
modification or renewal of a discharge permit or
permits, may be comb ined with the notice, comment
period, and public meeting if any, held on the
proposed permit action or actions .
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C. The Executive Director may:
1. Issue, modify, or revoke orders:
a. prohibiting or abating pollution of the waters of the
state,
b. requiring the construction of new disposal or
treatment systems or any parts thereof or the
modification, extension or alteration of existing
disposal or treatment systems or any part thereof, or
the adoption of other remedial measures to prevent,
control or abate pollution, and
c. requiring other actions such as the Executive Director
may deem necessary to enforce the pr ovisions of this
article and rules promulgated thereunder;
2. Issue, continue in effect, revoke, amend, modify or deny,
renew, or refuse to renew under such conditions as the Department
may prescribe, permits, licenses and certifications, including
certifications under Section 401 of the Clean Water Act, to prevent,
control or abate pollution of waters of the state; and
3. Exercise all incidental powers which are necessary and
proper to carry out the purposes of this article.
SECTION 3. AMENDATORY 82 O.S. 2021, Section 1085.2 , is
amended to read as follows:
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Section 1085.2 In addition to any and all other authority
conferred upon it by law, the Oklahoma Water Resources Board shall
also have authority:
1. Generally to do all such things as in its judgment may be
necessary, proper or expedient in the accomplishment of its duties;
2. To make such contracts and execute such i nstruments as in
the judgment of the Board are necessary or convenient to the
exercise of any of t he powers conferred upon it by law. Provided,
however, no contract shall be made conveying the title or use of any
waters of the State of Oklahoma to any per son, firm, corporation or
other state or subdivision of government, for sale or use in any
other state, unless such contract be specifically author ized by an
act of the Oklahoma Legislature and thereafter as approved by it;
3. To negotiate contracts and o ther agreements with the federal
government to arrange for the development of water resources and for
the storage and distribution of water for ben eficial purposes;
provided, however, that the Board shall act in such capacity only as
an intermediary in ass isting others, and under no circumstances
shall the Board have any power or authority to build, co nstruct or
finance any waterways, dams or other s uch projects for itself,
except as may be otherwise specifically provided by the laws of this
state;
4. To develop statewide and local plans to assure the best and
most effective use and control of water to meet both the current and
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long-range needs of the people of Oklahoma; to cooperate in such
planning with any public or private agency, entity or person
interested in water, and is directed to prepare such plans for
consideration and approval by the Legisl ature; and to aid, at all
times, counties, incorp orated cities and towns and special purpose
districts in the state in promoting and developing flood control and
water conservation in the state;
5. To employ and fix the compensation of such officers, agen ts,
attorneys, technical personnel and employees of the Board as it
shall deem necessary to the proper performance of its duties;
6. To adopt and use an offi cial seal;
7. To promulgate such rules and make orders as it may deem
necessary or convenient to the exercise of any of the powers or the
performance of any of the duties conferred or imposed upon it by
this or any other law;
8. To institute and maintain , or to intervene in, any actions
or proceedings in or before any court, board, commission or offi cer
of this or any other state or of the United S tates to stop or
prevent any use, misuse, appropriation or taking of any of the
waters of this state which is in whole or in part in violation of
any law, or of any rules, orders, judgments or decrees of any court,
board, commission or officer of this or a ny state or of the United
States; and to institute and maintain or intervene in any other
action or proceeding where the Board deems it necessary to the
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proper execution and discharge of any of the powers or duties
conferred or imposed upon it by law;
9. To determine, charge and receive fees to be collected in
advance for the filing and examination of applicatio ns for permits
to:
a. construct water use works,
b. appropriate groundwater,
c. appropriate stream water,
d. establish vested rights,
e. inspect water use works,
f. file other papers,
g. make copies of documents,
h. make prints of maps and drawings,
i. certify copies of documents, maps and drawings,
j. file transfers of water rights,
k. gauge wells and ditches, changes in point of diversion
and changes in place of use of water,
l. test wells, and
m. hold hearings, make records and provide transcripts of
hearings.
Such fees shall not be collected from any state agency or state
institution;
10. To negotiate contracts or water compacts with the federal
government or any department or bureau thereof, or with any other
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state for the purpose of obtaining assistan ce and cooperation in the
accomplishment of the purpose of flood control and water
conservation and use in the state. To that end, the Board may m atch
funds with the federal government and with other states upon such
terms as shall be agreed upon and appr oved by the Governor of the
state, with the limitation that contracts or water compacts with
other states for the division and apportionment of the cost and use
of the water controlled by interstate projects shall be submitted to
and approved by the Legisl ature of the state and the Governor of the
state, and Congress and the President of the United Sta tes
conformable to the State and Federal Constitu tions;
11. To accept gifts and grants of money and property or any
interest therein;
12. To provide funding from federal and state monies for water
and wastewater project purposes to eligible entities for preliminary
engineering reports and planning and feasibility studies;
13. To sell or dispose of real or personal property held by the
Board when no longer ne eded in such manner as provided by law;
14. To make appropriations of water to all special purpos e
districts;
15. To execute and deliver, without actual consideration
therefor, a written release of any easement or easement deed
heretofore given to the Co nservation Commission of the State of
Oklahoma, the Planning and Resources Board or the Oklahoma W ater
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Resources Board on lands situated in this st ate, whenever it shall
appear to said Oklahoma Water Resources Board that the need for such
easement or easement deed no longer exists; provided, the owner of
the lands affected shall file a written applicat ion for such release
with the Oklahoma Water Reso urces Board;
16. To adopt, modify or repeal and promulgate standards of
quality of the waters of the state a nd to classify such waters
according to their best uses in the interest of the public under
such conditions as the Board may prescribe for the prev ention,
control, and abatement of pollution. The standard of quality of
waters of the state adopted by the B oard pursuant to the provisions
of Section 1085.30 of this title shall be utilized by all
appropriate state environmental agencies in implementing their
respective duties to abate and prevent pollution to the waters of
the state, except the Department of Environmental Quality shall have
the authority to ado pt water quality standard variances to the
extent that such variance s are utilized in and enforced through
water quality permits issued by the Department;
17. To review disputes involving service areas o r territories,
rates for raw or treated water, and abrogation clauses in contracts
among municipalities and rural water di stricts or not-for-profit
rural water corporations; to recommend mediation and r efer parties
in appropriate disputes to mediators and provide technical
information to such mediators; and to recommend other means of
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resolving disputes; provided, that no par ty to such dispute may
initiate action in any district court regarding the dispu te until
written notice of the dispute has been filed with the Board;
provided further that the provisions of this paragraph shall not be
construed to diminish any right of acc ess to the court granted to a
party by law;
18. To provide workshop training se ssions for board members of
rural water districts and not-for-profit rural water corporations
throughout the year on a regional basis for the purpose of study and
instruction in the areas of financing, law and the ethics, duties
and responsibilities of suc h board members. Such training shall be
provided by the Board in conjunction with the Oklahoma Rural Water
Association as required by law. To the extent possible, the Board
shall attempt to schedule training workshops in three -hour segments
to be held in any public facility at a time convenient to the
attendees;
19. To establish an agency special account through the Office
of Management and Enterprise Services and the State T reasurer's
Office as necessary for the collection and distribution of funds,
including funds of sponsors and registration fees related to
conferences, meetings and training sessions; and
20. To accredit persons having requisite knowledge in
floodplain management and in minimization and prevention of flood
hazards and losses.
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SECTION 4. AMENDATORY 82 O.S. 2021, Section 1085.30, is
amended to read as follows:
Section 1085.30 A. 1. In order to effectuate a comprehensive
program to assist in the prevention, control and abatement of
pollution of the waters of this state, and in order to establish
state standards which comply with the Federal Water Pollution
Control Act as amended, the Ok lahoma Water Resources Board is
authorized to promulgate rules to be known as "Oklahoma Water
Quality Standards" which establish classifications of uses of waters
of the state, criteria to maintain and protect such classifications,
and other standards or p olicies pertaining to the quality of such
waters.
2. The Oklahoma Water Quality Standards shall, at a minimum, be
designed to maintain and protect the quality of the waters of the
state.
3. Wherever the Board finds it is practical and in the public
interest to do so, the rules may be amended to upgra de and improve
progressively the quality of waters of the state.
4. a. The Board may also amend Oklahoma Water Quality
Standards to downgrade a designated use of any waters
of this state which is not an exi sting use, may
establish subcategories of a use or may provide for
less stringent criteria or other provisions thereof
only in those limited circumstances permissible un der
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the Federal Water Pollution Control Act as amended or
federal rules which implement the act.
b. The Board may amend the Oklahoma Wate r Quality
Standards to downgrade a designated use, establish
subcategories of a use or may provide for less
stringent criteria or other provisions thereof only to
the extent as will maintain or improve the existing
uses and the water quality of the water a ffected;
provided, however, the Board shall not modify the
Oklahoma Water Quality Standards applicable to scenic
river areas as such areas are described by Section
896.5 of this title, to downgrade a desig nated use,
establish a subcategory of a use or prov ide for less
stringent criteria or other provisions thereof.
5. The Board shall propose any necessary rules to allow f or the
development of nutrient trading programs by state environmental
agencies no later than November 1, 2026.
B. 1. Prior to adopting such standards or any amendment
thereof, the Board shall conduct public hearings thereon . Notice of
such hearing shall be published in accordance with the
Administrative Procedures Act and shall be mai led at least twenty
(20) days before such public hear ing to the chief executive of each
municipality and county in the area affected and shall be mailed to
all affected holders of permits obtained pursuant to the Oklahoma
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Environmental Code, and such other persons that have requested
notice of hearings on su ch standard modifications.
2. If adoption or amendment of a classification to a lower or
downgraded classification is proposed because treatment controls
required of the current or a higher or upgraded classification would
result in substantial and widesp read social and economic impact, the
Board shall, in addition to any hearing required by subsection B of
this section, conduct a public meeting within a central location
within the area to be affected . The Board shall cause notice of
such additional publi c meeting to be published for at least two (2)
consecutive weeks in a newspaper of general circulation published in
the county or counties in the area affected.
C. 1. The Oklahoma Water Quality Stand ards, their accompanying
use support assessment protoco ls, anti-degradation policy and
implementation, and policies generally affecting Oklahoma Water
Quality Standards appli cation and implementation including, but not
limited to, mixing zones, low flows a nd variances, except for
variances adopted the Department of Environmental Quality pursuant
to paragraph 18 of subsection B of Section 1 -3-101 of Title 27A of
the Oklahoma Statutes, or any modification or change thereof shall
be promulgated by the Board in compliance with the Administrative
Procedures Act and shall be enforced by all state a gencies within
the scope of their jurisdiction . All use support assessment
protocols promulgated by the Board shall be consistent with state
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and federal law and guidance specifically related to beneficial use
support determinations as set forth in Section 305(b) of the Federal
Water Pollution Control Act, where applicable.
2. In promulgating Oklahoma Water Quality Standards or making
any modification or change thereof, the Board shall announce a
reasonable time for persons discharging waste into the water s of the
state to comply with such new or modified standards unless such
discharges create an actual or potential hazard to public health.
3. Any discharge in accord with such standards of the Board and
in compliance with r ules, requirements and wasteload allocations
established by the Department of Environmental Quality and with
rules promulgated by other state environmental agencies shall not be
deemed to be pollution.
4. Notwithstanding the implementation jurisdiction pr ovided to
the Board in paragraph 1 of subsection C of this section, the
Department of Environmental Quality sha ll have jurisdiction to adopt
variances and to develop and utilize policies and requirements, as
provided in paragraph paragraphs 18 and 22 of subsection B of
Section 1-3-101 of Title 27A of the Oklahoma Statutes.
SECTION 5. This act shall become effective Novem ber 1, 2022.
58-2-8908 JBH 01/07/22