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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 271 By: Rader
AS INTRODUCED
An Act relating to environment and natural resources;
creating the Oklahoma Perfluoroalkyl and
Polyfluoroalkyl Substances (PFAS) Act; prov iding
short title; defining terms; providing exemption from
liability for certain passive receivers of PFAS;
providing for liability in certain circumstances;
requiring rule promulgation; requiring the creation
of a fee schedule; requiring application and
authorization for certain activities; providing for
certain classification of waste; providing for
codification; and declaring an emergency .
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 2 -7-501 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Act ”.
B. As used in the Oklahoma Perfluoroalkyl and Polyflu oroalkyl
Substances (PFAS) Act:
1. “AFFF” means aqueous film-forming foam containing
intentionally added PFAS;
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2. “AFFF waste” means AFFF, diluted AFFF, and water or soil
contaminated with AFFF containing intentionally added PFAS with a
concentration greater than one part per billion, which is abandoned,
discarded, disposed, destroyed, or stored pending disposal or
destruction; and
3. “PFAS” means perfluoroalkyl and polyfluoroa lkyl substances.
SECTION 2. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 2 -7-502 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. Subject to subsection B of t his section, the following
protected passive receivers of perfluoroalkyl and polyfluoroalkyl
substances (PFAS) that provide essential services shall not be
civilly liable to this state for costs arising from a release of
PFAS to the environment:
1. A public water system, as defined in Section 1401 of the
federal Safe Drinking Water Act, 42 U.S.C., Section 300f;
2. A publicly or privately owned or operated treatment works,
as defined in Section 212 of the Federal Water Pollution Control
Act, 33 U.S.C., Section 1292, or the owner of a site where biosolids
generated from a treatment works or a permitted municipal wastewater
lagoon, as defined by the administrative rules of the Department of
Environmental Quality, are applied;
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3. A municipality to which a per mit is issued for stormwater
discharges under Section 402 of the Federal Water Pollution Control
Act, 33 U.S.C., Section 1342;
4. A political subdivision of this state acting as a wholesale
water agency;
5. A contractor performing the management or dispo sal
activities described in subsection B of this section for an entity
described in paragraphs 1 through 4 of this subsection;
6. An entity with a fire suppression system installed or
otherwise in use, in accordance with applicable federal, state, and
local fire codes, that uses aqueous film -forming foam (AFFF)
containing PFAS;
7. A sponsor of the civilian portion of a joint -use airport or
a shared-use airport which releases PFAS as a result of the use of
AFFF pursuant to, and carried out in accordance wi th, Federal
Aviation Administration standards and guidance on the use of the
substances; and
8. An owner or operator of a solid waste management facility,
as defined in Section 1004 of the Solid Waste Disposal Act, 42
U.S.C., Section 6903, to the extent t hat the facility received
routine municipal solid waste, including commercial solid waste
containing incidental amounts of PFAS.
B. The exemption from liability contained in subsection A of
this section shall not apply if the release of PFAS resulted from a
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material violation of relevant and applicable federal, state, or
other legal requirements or standards related to the management,
storage, transport, conveyance, treatment, discharge, and disposal
of PFAS, or of commonly accepted engineering standards i n existence
at the time that the activity is carried out.
C. Nothing in this section shall preclude liability for damages
or costs associated with the release of PFAS by a protected passive
receiver of PFAS if the protected passive receiver act s with gross
negligence or willful misconduct in the discharge, disposal,
management, conveyance, or storage of PFAS.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -7-503 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. 1. The Environmental Quality Board shall promulgate rules
related to the receipt, storage, treatment, and disposal of
perfluoroalkyl and polyfluoroalkyl substances (PFAS) in this state,
including rules related to a waste exclusion plan.
2. Rules promulgated under subsection A of this section shall
require that any person accepting aqueous film -forming foam (AFFF)
waste for storage, treatment, or disposal prove to the Department
that the manner of such storage, treatment, or disposal is
protective of human health and the environment. The Department
shall establish criteria and guidelines for determinations under
this subsection.
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B. 1. The Board shall establish a schedule of fees, pursuant
to Section 2-3-402 of Title 27A of the Oklahoma Statutes and the
Administrative Procedures Act, for the application to dispose, and
for disposal of, AFFF waste at a facility in this state.
2. Any fees established pursuant to this subsection shall be in
lieu of any tonnage fees assessed to the holder of a permit by the
Department for solid or hazardous waste disposal. The fees shall be
deposited into the Department of Environmental Quality Revolving
Fund.
SECTION 4. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 2 -7-504 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. A person or entity seeking to receive, store, treat, or
dispose of more than two hundred (200) pound s of aqueous film-
forming foam (AFFF) waste per day shall submit an applicatio n to the
Department of Environmental Quality and receive authorization for
such action. The Department, in the exercise of its reasonable
discretion, may waive specific requirem ents of this act or rules
where there is no feasible alternative to the storage, treatment, or
disposal at issue and the action does not result in a greater risk
to human health and the environment. Prior to the promulgation of
rules in Section 3 of this act, the Department may authorize the
continuation of activities under this su bsection if it determines
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that the activities will be conducted in a manner that is
sufficiently protective of human health and the environment.
B. Nothing in this section shall relieve the manufacturer of
perfluoroalkyl and polyfluoroalkyl substances (PFAS) containing
material from liability related to the storage, treatment, or
disposal of PFAS waste.
C. 1. AFFF waste generated in or transported from another
state shall maintain the same classification or characterization it
would receive in the state of origin, unless such classification or
characterization is less protective of human health and the
environment than the classification or characterization it would
have received if generated in this state.
2. If AFFF waste generated in or transported from another state
is banned from disposal in the state of origin, then the waste is
similarly banned from disposal in Oklahoma , unless the AFFF waste is
effectively banned from di sposal in the state of origin due to a
lack of permitted hazardous waste landf ills within the state. If
the AFFF waste is effectively banned from disposal in the state of
origin due to a lack of permitted hazardous waste landfills within
the state, then the AFFF waste may be disposed of in landfills
permitted under the Oklahoma Hazardous Waste Management Act pursuant
to Section 2-7-101 et seq. of Title 27A of the Oklahoma Statutes.
SECTION 5. It being immediately necessary for the preserva tion
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-927 RD 12/30/2024 8:30:15 PM