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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 874 By: Jett
AS INTRODUCED
An Act relating to biosolids; defining terms;
directing certain entity to disclose bioso lid use for
certain product labeling; establis hing label
requirements; requiring disclosure at point of
purchase for certain agriculture p roducts; directing
certain entity to disclose biosolid use on certain
property with signage; requiring signage be publ ic;
requiring certain disclosure in conju nction with
certain sale or lease; directing Department of
Environmental Quality to publish certain information
on certain website; directing Department to provide
notice to certain businesses within certain distance
by certain date; 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 co dified
in the Oklahoma Statutes as Section 2-6-502 of Title 27A, unless
there is created a duplication in numb ering, reads as follows:
A. As used in this act:
1. “Agritourism activity” means activity as defined pursuant to
Section 5-15 of Title 2 of the Oklahoma Statutes;
2. “Biosolid” means sludge, perfluoroalkyl, and any
perfluoroalkyl substance;
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3. “Department” means the Department of Environmental Quality ;
4. “Product” shall include, but not be li mited to, compost
material, fertilizer, soil amendment, topsoil replacement, and
mulch; and
5. “Sludge” means sludge as defined pursuant to Section 2-10-
401 of Title 27A of the Oklahom a Statutes.
B. 1. Any person, business, or entity authorized to commence
industrial, municipal, and commercial operations in this state shall
disclose the use of biosolids when labeling products for sale and
distribution.
2. Any product under this subsection that is sold or
distributed in this state shall have clear and distinct labeling
disclosing that the product, either in its production or in its
composition, includes biosolids generated from an industrial,
municipal, or commercial wastewater treatment plant or s ludge.
3. Full disclosure shall be given to any consumer who pur chases
an agricultural crop or vegetative material for any agricultural
purpose if the crop or material was grown at a location in this
state where biosolids have been permitted to be applied or spread .
C. 1. Any person, business, or entity au thorized to commence
industrial, municipal, and commercial operations in this state shall
disclose the use of biosolids by placing signage on any property
where such operations take place and where biosolids are utilized .
Such signage shall be in an area that is visible to the public.
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2. Prior to the sale or lease of any property described under
this subsection, public access to the lan d shall be restricted for
one year following the land application of biosolids as required in
40 C.F.R. Part 503.
3. Any property under this subsection that is sold or leased
shall include a disclosure stating that the subject property was
used as a biosolids application site.
4. The Department shall publish and update annually a map of
biosolid land application property sites on a publicly available
website. All sites permitted to apply bi osolids shall be labeled
with the date of each land application and the names of the
landowner and lessor, if applicable. Records shall be kept in
perpetuity.
D. The Department shall , in consultation with the Oklahoma
Department of Agriculture, Food, and Forestry, provide written
notice to businesses conducting agritourism acti vities of any
biosolid land application taking place within a two-mile radius of
the business. Notice shall be transmitted at least sixty (60) days
prior to land application.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1612 RD 1/19/2023 10:07:22 AM