ENGROSSED SENATE
BILL NO. 709 	By:	Justice of the Senate

			and

		Hyman of the House 

An Act relating to agriculture; amending Section 5, Chapter 60, O.S.L. 2004 (2 O.S. Supp. 2006, Section 2-18.1), which relates to pollution of air, land, or waters; providing manner of consideration of certain substance; defining term; providing for construction; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 5, Chapter 60, O.S.L. 2004 (2 O.S. Supp. 2006, Section 2-18.1), is amended to read as follows:
Section 2-18.1  A.  It shall be unlawful and a violation of the Oklahoma Agricultural Code for any person to cause pollution of any air, land or waters of the state by persons which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act.
B.  If the State Board of Agriculture finds that any of the air, land, or waters of the state which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act have been or are being polluted, the Board shall make an order requiring that the pollution cease within a time period determined by the Department, or require a manner of treatment or of disposition of the waste or other polluting material as may in the judgment of the Board be necessary to prevent further pollution.  In addition, the Board may assess an administrative penalty pursuant to Section 2-18 of Title 2 of the Oklahoma Statutes this title.  The person to whom the order is directed shall fully comply with the order of the Board and pay any fine and costs assessed.
C.  1.  Manure shall not be defined as or be considered a hazardous substance or hazardous waste as those terms are defined by state law.
2.  For purposes of this subsection, “manure” means any feces, urine, urea, or other excrement from livestock and shall also only include:
a.	associated nonhazardous bedding, compost, raw materials, or other nonhazardous materials commingled with the excrement,
b.	nonhazardous process water associated with the excrement or materials, or
c.	nonhazardous byproducts, constituents, or substances contained in or originating from the excrement, materials, or process water.
3.  This subsection shall not be construed to affect or limit the applicability of any other provision of the Oklahoma Agricultural Code.
SECTION 2.  This act shall become effective November 1, 2007.
Passed the Senate the 6th day of March, 2007.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2007.

	
Presiding Officer	of the House
	of Representatives