Okla. Stat. tit. 27A, § 27A-1-2-102
This is the official text of Okla. Stat. tit. 27A, § 27A-1-2-102, part of Oklahoma’s Stat. tit. 27A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 27A,." Browse the sections below, each linked to its official government source.
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Coordination of monitoring of lakes - Identification
Official statutory text
of eutrophic lakes - Discharge of wastewater into eutrophic lake -
Penalties - Order of suspension and forfeiture.
A. The Office of the Secretary of the Environment shall
coordinate monitoring lakes in the State of Oklahoma and identify
those lakes which it determines to be eutrophic as defined by
Oklahoma's Water Quality Standards.
B. No person may discharge wastewaters from a point source
within or outside of this state which will foreseeably enter a lake
in this state which has been identified as eutrophic by the
Oklahoma's Water Quality Standards without subjecting such
wastewaters to the best available technology as identified in the
federal Clean Water Act for nitrogen and phosphorous. The Office of
the Secretary of the Environment shall coordinate the monitoring of
all lakes it identifies as eutrophic and notify by certified mail
any person who discharges wastewater which enters such lakes in
violation of this section of the provisions of this section and
shall order such person to immediately cease and desist from any
further violation of this section.
C. Any person who violates the provisions of subsection B of
this section shall be guilty of a misdemeanor punishable by a
penalty of not more than One Hundred Dollars ($100.00) per day for
each day on which a violation occurs. The Attorney General is
authorized to prosecute violations of this section. Venue and
jurisdiction shall be proper in a county which contains all or part
of a eutrophic lake which is the subject of a discharge in violation
of this section.
D. 1. In addition to the penalty provided in subsection C of
this section if a person continues to violate subsection B of this
section after having received notification from the Secretary of the
Environment to cease and desist, such person shall be guilty of a
misdemeanor punishable by a fine of not more than Ten Thousand
Dollars ($10,000.00) per day.
2. If the owner of a facility which discharges wastewater in
violation of this subsection is a corporation authorized to do
business in this state, the court may enter an order directing the
suspension of any authorization to do business in this state and of
the charter or other instrument of organization, under which the
corporation may be organized and the forfeiture of all corporate or
other rights inuring thereunder. The order of suspension and
forfeiture shall have the same effect on the rights, privileges and
liabilities of the corporation and its officers and directors as a
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 24
suspension and forfeiture ordered pursuant to Section 1212 of Title
68 of the Oklahoma Statutes for failure to pay franchise tax.
Additionally, all officers and directors of a corporation found to
be in violation of this subsection shall be personally liable for
any fine imposed pursuant to this subsection.
Penalties - Order of suspension and forfeiture.
A. The Office of the Secretary of the Environment shall
coordinate monitoring lakes in the State of Oklahoma and identify
those lakes which it determines to be eutrophic as defined by
Oklahoma's Water Quality Standards.
B. No person may discharge wastewaters from a point source
within or outside of this state which will foreseeably enter a lake
in this state which has been identified as eutrophic by the
Oklahoma's Water Quality Standards without subjecting such
wastewaters to the best available technology as identified in the
federal Clean Water Act for nitrogen and phosphorous. The Office of
the Secretary of the Environment shall coordinate the monitoring of
all lakes it identifies as eutrophic and notify by certified mail
any person who discharges wastewater which enters such lakes in
violation of this section of the provisions of this section and
shall order such person to immediately cease and desist from any
further violation of this section.
C. Any person who violates the provisions of subsection B of
this section shall be guilty of a misdemeanor punishable by a
penalty of not more than One Hundred Dollars ($100.00) per day for
each day on which a violation occurs. The Attorney General is
authorized to prosecute violations of this section. Venue and
jurisdiction shall be proper in a county which contains all or part
of a eutrophic lake which is the subject of a discharge in violation
of this section.
D. 1. In addition to the penalty provided in subsection C of
this section if a person continues to violate subsection B of this
section after having received notification from the Secretary of the
Environment to cease and desist, such person shall be guilty of a
misdemeanor punishable by a fine of not more than Ten Thousand
Dollars ($10,000.00) per day.
2. If the owner of a facility which discharges wastewater in
violation of this subsection is a corporation authorized to do
business in this state, the court may enter an order directing the
suspension of any authorization to do business in this state and of
the charter or other instrument of organization, under which the
corporation may be organized and the forfeiture of all corporate or
other rights inuring thereunder. The order of suspension and
forfeiture shall have the same effect on the rights, privileges and
liabilities of the corporation and its officers and directors as a
Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 24
suspension and forfeiture ordered pursuant to Section 1212 of Title
68 of the Oklahoma Statutes for failure to pay franchise tax.
Additionally, all officers and directors of a corporation found to
be in violation of this subsection shall be personally liable for
any fine imposed pursuant to this subsection.
Status: in_force · Read it on the official government site
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