Okla. Stat. tit. 45, § 45-940: Fly ash or other material from coal combustion, power-

generating facilities and kiln dust generated by cement-producing

entities - Solid waste permit exemption.

A. All fly ash, bottom ash or any other such material produced

by coal combustion, power-generating facilities shall be exempt from

all solid waste permitting requirements pursuant to Title 27A of the

Oklahoma Statutes, provided such ash is constructively reutilized,

or disposed of in any active or inactive coal mining operation

subject to the provisions contained in Title 45 of the Oklahoma

Statutes. The disposal of fly ash, bottom ash or any other such

material generated by the burning of coal for the purpose of

generating electricity by electric utilities and independent power

producers in any noncoal mining operation shall be subject to the

solid waste permitting requirements in Title 27A of the Oklahoma

Statutes.

B. All ash and kiln dust generated by cement-producing entities

shall be exempt from all solid waste permitting requirements

pursuant to Title 27A of the Oklahoma Statutes, provided such ash or

dust is constructively reutilized, or disposed of in any active or

inactive coal or noncoal mining operation subject to the provisions

contained in Title 45 of the Oklahoma Statutes.