A. 1. Nothing in the Oklahoma Clean Air Act:

a.shall prevent cities, towns and counties from enacting ordinances or codes with respect to air pollution which will not conflict with the provisions of the Oklahoma Clean Air Act and which contain provisions more stringent than those fixed by the operation of the Oklahoma Clean Air Act; provided, however, that any city or town which has a population of less than three hundred thousand (300,000) persons according to the most current census shall not enforce any ordinance or code regarding air pollution containing more stringent provisions unless and until such ordinance or code is reviewed by the Council and approved as to its reasonableness and technical feasibility.

b.shall prevent cities and towns from summarily abating public nuisances as now provided by law.

2. This subsection shall not apply to any air pollution ordinances or codes enacted by cities, towns or counties and in effect prior to May 15, 1992.

B. Except for authority regarding abatement of public nuisances, no city, town, municipality, county or other political subdivision shall enact or enforce any code, ordinance or rule which is more stringent than, or which is in conflict with any state or federal law, code or rule concerning the utilization of fuel in any flange-wheeled railroad rolling stock or which attempts to regulate or affect the emissions therefrom.

C. The Oklahoma Clean Air Act shall not be construed to limit, modify, or repeal or affect in any way the powers, duties or functions of the State Board of Agriculture, except to the extent necessary to comply with the Federal Clean Air Act.

Added by Laws 1967, c. 80, § 3, emerg. eff. April 18, 1967. Renumbered from § 2003 of this title by Laws 1978, c. 62, § 2. Amended by Laws 1993, c. 145, § 40, eff. July 1, 1993. Renumbered from Title 63, § 1-1803 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 10, eff. July 1, 1993.