Okla. Stat. tit. 2, § 2-10-9.11

Injunctions.

A. 1. Any person violating the provisions of the Oklahoma

Registered Poultry Feeding Operations Act shall, upon conviction, be

guilty of a misdemeanor and may be punished by a fine not to exceed

One Thousand Dollars ($1,000.00).

2. Any owner or operator who fails to take such action as may

be reasonable and necessary to avoid pollution of any stream, lake,

river, or creek, except as otherwise provided by law, or who

violates any rule adopted by the State Board of Agriculture to

prevent water pollution from poultry feeding operations pursuant to

this act shall, upon conviction, be guilty of a misdemeanor

punishable for each violation by a fine not less than Five Hundred

Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00),

imprisonment in the county jail for not more than six (6) months, or

by both such fine and imprisonment.

3. The Attorney General or the district attorney of the

appropriate district court of this state may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Oklahoma Registered Poultry

Feeding Operations Act or any rule promulgated thereunder.

B. 1. In addition to the criminal penalties specified by this

section, the Oklahoma Department of Agriculture, Food, and Forestry

may take one or more of the following actions:

a. assess an administrative penalty pursuant to Section

2-18 of this title for each day of noncompliance

related to administrative violations including but not

limited to late filing of paperwork or incomplete

paperwork,

Oklahoma Statutes - Title 2. Agriculture Page 471

b. assess an administrative penalty of Ten Thousand

Dollars ($10,000.00) for each day of noncompliance

with provisions of the user’s nutrient management plan

that has led to pollution of any stream, lake, river,

or creek, or

c. bring an action for injunctive relief granted by a

district court.

2. A district court may grant injunctive relief to prevent a

violation of, or to compel compliance with, any of the provisions of

the Oklahoma Registered Poultry Feeding Operations Act or any rule

promulgated thereunder or order, registrations, and certificates

issued pursuant to the Oklahoma Registered Poultry Feeding

Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum criminal penalties for violations of the Oklahoma

Registered Poultry Feeding Operations Act.

4. Any person assessed an administrative penalty may be

required to pay, in addition to such penalty amount and interest

thereon, attorney fees and costs associated with the collection of

such penalties.

5. Any administrative penalty required to be paid pursuant to

the provisions of this subsection shall be used to fund enforcement

of the Oklahoma Registered Poultry Feeding Operations Act.

C. 1. Any action for injunctive relief to redress or restrain

a violation by any person of the Oklahoma Registered Poultry Feeding

Operations Act, or for any rule promulgated thereunder, or order

issued pursuant thereto, or recovery of any administrative penalty

assessed pursuant to the Oklahoma Registered Poultry Feeding

Operations Act may be brought by:

a. the district attorney of the appropriate district

court of this state,

b. the Attorney General on behalf of this state, or

c. the Department on behalf of this state.

2. The court shall have jurisdiction to determine the action,

and to grant the necessary or appropriate relief, including, but not

limited to, mandatory or prohibitive injunctive relief.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Commissioner of Agriculture to bring

such actions.
half of this state, or

c. the Department on behalf of this state.

2. The court shall have jurisdiction to determine the action,

and to grant the necessary or appropriate relief, including, but not

limited to, mandatory or prohibitive injunctive relief.

3. It shall be the duty of the Attorney General and district

attorney if requested by the Commissioner of Agriculture to bring

such actions.

D. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Agriculture Regulation

Revolving Fund.

Oklahoma Statutes - Title 2. Agriculture Page 472

E. For the purposes of the Oklahoma Registered Poultry Feeding

Operations Act, each day upon which a violation is committed or is

permitted to continue shall be deemed a separate offense.

F. 1. Any contract poultry grower determined after notice and

opportunity for a hearing by the Department as flagrantly

disregarding Best Management Practices shall result in the

Department notifying the integrator in writing. Notice provided to

the integrator shall detail any remediation, education, or other

measures the grower is required to take to prevent the furtherance

of the violation and to prevent future violations. Upon receipt of

such notice, the integrator shall respond, as prescribed by the

Department, that a producer has received the notice and will work

with the grower to ensure compliance is achieved within thirty (30)

days. If the grower fails to achieve compliance of the terms of the

notice within thirty (30) days, the integrator shall submit

correspondence to the Department detailing additional measures to

assist the grower to achieve compliance. If the Department does not

approve these additional measures or if they are approved and are

not achieved within the timeline approved by the Department, the

integrator shall issue a notice of suspension-of-delivery of birds

to the grower within thirty (30) days, or give ninety (90) days’

notice of termination of the integrator-producer relationship to the

producer within thirty (30) days.

2. The Department may extend the time periods for compliance

pursuant to this subsection upon the request of an integrator. An

integrator who fails to comply with the provisions of this

subsection shall be assessed an administrative penalty pursuant to

Section 2-18 of this title.

3. Nothing provided in response to or in association with a

notice given pursuant to this subsection may be used as evidence to

establish an employer-employee relationship between a grower and the

integrator with whom the grower contracts.

G. The Department shall notify all integrators of any

violations assessed against an operator who is under a contract

growing arrangement with that integrator and, upon the written

request of the integrator, notify that integrator of all violations

assessed against an operator with whom the integrator contemplates

entering into a contract.

H. In addition to other penalties as may be imposed by law, any

person who knowingly makes any false statement, representation or

certification form, notice or report, or who knowingly renders

inaccurate any monitoring device or method required to be maintained

by any rule promulgated by the State Board of Agriculture, shall,

upon conviction, be guilty of a misdemeanor and may be subject to a

fine not more than Five Thousand Dollars ($5,000.00) for each such

violation.

Oklahoma Statutes - Title 2. Agriculture Page 473

I. Land application of poultry litter in compliance with a

current Nutrient Management Plan shall not be the basis for criminal

or civil liability in this state, whether relating to that single

plan, or aggregated with the application of poultry waste pursuant

to other Nutrient Management Plans. An administrative violation

shall not be the basis for a criminal or civil action, nor shall any

alleged violation be the basis for any private right of action, nor
Nutrient Management Plan shall not be the basis for criminal

or civil liability in this state, whether relating to that single

plan, or aggregated with the application of poultry waste pursuant

to other Nutrient Management Plans. An administrative violation

shall not be the basis for a criminal or civil action, nor shall any

alleged violation be the basis for any private right of action, nor

any action other than enforcement of the terms of the Nutrient

Management Plan and other sections of this title by the Oklahoma

Department of Agriculture, Food, and Forestry. A current plan means

a plan approved by the Oklahoma Department of Agriculture, Food, and

Forestry that has not been revoked or rescinded by the state or

suspended by a more recent plan.

1. The provisions of this subsection shall apply both directly

and vicariously to the integrator with whom a contract poultry

grower contracts, and to any poultry grower, operator, contractor

of, or employee for a certified poultry waste applicator or a

poultry waste owner’s agent, as long as the land application is

performed pursuant to and in compliance with the current Nutrient

Management Plan.

2. Compliance with a current Nutrient Management Plan, as

determined by the Oklahoma Department of Agriculture, Food, and

Forestry, shall create a presumption that no violation of this

section has occurred and shall insulate the poultry grower,

integrator, and waste applicator from any private right of action

and shall constitute express authority for purposes of Section 4 of

Title 50 of the Oklahoma Statutes.

3. Nothing in this subsection shall be construed to restrict

the Oklahoma Department of Agriculture, Food, and Forestry’s

exclusive authority from enforcing the terms of Nutrient Management

Plans or the Department’s authority to enforce the Oklahoma

Registered Poultry Feeding Operations Act and the Oklahoma Poultry

Waste Applicators Certification Act.

4. Nothing in this subsection shall be construed to prohibit a

civil action as otherwise provided by law for any damages caused by

a violation of a Nutrient Management Plan. A civil action shall

only be filed upon the completion of an enforcement action by the

State Board of Agriculture.