Okla. Stat. tit. 2, § 2-20-62

A. Any person violating the provisions of the Oklahoma

Concentrated Animal Feeding Operations Act or any rule of the Board

promulgated pursuant thereto shall, upon conviction, be deemed

guilty of a misdemeanor and upon conviction thereof may be punished

by a fine not exceeding Two Hundred Dollars ($200.00).

B. 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 of the Board adopted to prevent water pollution from animal

feeding operations pursuant to this act shall, upon conviction, be

deemed guilty of a misdemeanor, and upon conviction thereof may be

punished by a fine of Five Hundred Dollars ($500.00) to Ten Thousand

Dollars ($10,000.00) for each violation, by imprisonment in the

county jail for not more than six (6) months for each violation, or

by the assessment of a civil penalty up to Ten Thousand Dollars

($10,000.00) for each violation or by any of such fine,

imprisonment, and civil penalty.

C. 1. In addition to the criminal and civil penalties

specified by this section, the Oklahoma Department of Agriculture,

Food, and Forestry may:

a. assess an administrative penalty of not more than Ten

Thousand Dollars ($10,000.00) per day of

noncompliance, or

b. 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 Concentrated Animal Feeding Operations Act or any rule

promulgated thereunder or order, license or permit issued pursuant

to the Oklahoma Concentrated Animal Feeding Operations Act.

3. Nothing in this section shall preclude the Department from

seeking penalties in district court in the maximum amount allowed by

Oklahoma Statutes - Title 2. Agriculture Page 742

law. The assessment of penalties in an administrative enforcement

proceeding shall not prevent the subsequent assessment by a court of

the maximum civil or criminal penalties for violations of the

Oklahoma Concentrated Animal Feeding Operations Act.

D. Any person assessed an administrative or civil 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.

E. The Attorney General or the district attorney of the

appropriate district court of Oklahoma 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 Concentrated Animal

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

license or permit issued pursuant thereto.

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

a violation by any person of the Oklahoma Concentrated Animal

Feeding Operations Act or for any rule promulgated thereunder, or

order, license, or permit issued pursuant thereto or recovery of any

administrative or civil penalty assessed pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

b. the Attorney General on behalf of the State of

Oklahoma, or

c. the Department on behalf of the State of Oklahoma.

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

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

limited to mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

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

attorney, if requested by the Commissioner of Agriculture, to bring

such actions.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Department of Agriculture

Revolving Fund.

H. In determining the amount of a civil penalty or
ve relief, interim

equitable relief, and punitive damages.

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

attorney, if requested by the Commissioner of Agriculture, to bring

such actions.

G. Except as otherwise provided by law, administrative and

civil penalties shall be paid into the Department of Agriculture

Revolving Fund.

H. In determining the amount of a civil penalty or

administrative penalty, the court or the Department, as the case may

be, shall consider such factors as the nature, circumstances and

gravity of the violation or violations, the economic benefit, if

any, resulting to the defendant from the violation, the history of

such violations, any good-faith efforts to comply with the

applicable requirements, the economic impact of the penalty on the

defendant, the defendant's degree of culpability, and such other

matters as justice may require.

I. For the purposes of this section, each day upon which a

violation is committed or is permitted to continue shall be deemed a

separate offense.

Oklahoma Statutes - Title 2. Agriculture Page 743

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

person who knowingly makes any false statement, representation or

certification in any water pollution form, notice or report, or who

knowingly renders inaccurate any monitoring device or method

required to be maintained by any water pollution rules promulgated

by the Board shall, upon conviction, be guilty of a misdemeanor and

may be subject to a fine of not more than Five Thousand Dollars

($5,000.00) for each violation.