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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1835 By: Bergstrom and Pederson of
the Senate
and
West (Josh) of the House
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Water Resources
Board; requiring certain out of compliance entities
receive certain reports and citations; requiring
citation include certain items; requiring certain
report distribution; setting length of time for
certain response; requiring certain communication;
allowing for certain enfor cement action; allowing for
certain administrative penalty; authorizing the
promulgation of certain rules; allowing for certain
permit revocation; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1091 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. On or after the effective date of this act, any holder of a
water use permit issued by the Oklahoma Water Resources Board that
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is for a medical marijuana business or medical mari juana waste
disposal facility licensed by the Oklahoma Medical Marijuana
Authority and is found to be out of compliance with any statutory or
administrative rule re quirement of the Oklahoma Water Resources
Board pursuant to a fact-finding investigation cond ucted by the
Board, shall receive by either certified mail or electronic ma il the
written report and a citation stating any n ecessary action or remed y
to be taken. The citation shall include any statutory requirements,
administrative rules, and regulations that the Board deems to have
been violated by the permit holder.
B. The Board shall by certified mail, return receipt requ ested,
or by electronic mail, read receipt requested, distribute the report
to the permit holder. The permit holder shall have fifteen (15)
days from the date tha t the report and citation are receiv ed to
respond. The Board shall communicate with the perm it holder about
what is required to come into compliance. If the permit holder d oes
not initiate action to remedy the complaint within ninety (90) days
from the date that the report and citation are received, the Board
may take any enforcement action it d eems necessary to bring the
permit holder into compliance. The Board may assess an
administrative penalty of up to Five Thousand Dollars ($5,000.00)
per day of violation after a notice has been issued an d an
opportunity for a hearing has been made available. The Board may
promulgate rules regarding legal actions which may be necessary to
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bring a permit holder into compliance . Failure to come into
compliance may result in a revocation by the Board of the water
permit at issue.
SECTION 2. This act shall become effective Nove mber 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES,
dated 04/07/2022 - DO PASS, As Amended and Coauthor ed.