Okla. Stat. tit. 27A, § 27A-2-3-502

compliance - Penalties, corrective action.

A. If upon inspection or investigation, or whenever the

Department determines that there are reasonable grounds to believe

that any person is in violation of this Code or any rule promulgated

thereunder or of any order, permit or license issued pursuant

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 86

thereto, the Department may give written notice to the alleged

violator of the specific violation and of the alleged violator's

duty to correct such violation immediately or within a set time

period or both and that the failure to do so will result in the

issuance of a compliance order.

B. In addition to any other remedies provided by law, the

Department may, after service of the notice of violation, issue a

proposed compliance order to such person. A proposed compliance

order shall become a final order unless, no later than fifteen (15)

days after the order is served, any respondent named therein

requests an administrative enforcement hearing.

1. The proposed compliance order may, pursuant to subsection K

of this section:

a. assess an administrative penalty for past violations

of this Code, rules promulgated thereunder, or the

terms and conditions of permits or licenses issued

pursuant thereto, and

b. propose the assessment of an administrative penalty

for each day the respondent fails to comply with the

compliance order.

2. Such proposed order may specify compliance requirements and

schedules, or mandate corrective action, or both.

C. Failure to comply with a final compliance order, in part or

in whole, may result in the issuance of an assessment order

assessing an administrative penalty as authorized by law, or a

supplementary order imposing additional requirements, or both. Any

proposed order issued pursuant to this subsection shall become final

unless, no later than seven (7) days after its service, any

respondent named therein requests an administrative enforcement

hearing.

D. Notwithstanding the provisions of subsection A and B of this

section, the Executive Director, after notice and opportunity for an

administrative hearing, may revoke, modify or suspend the holder's

permit or license in part or in whole for cause, including but not

limited to the holder's:

1. Flagrant or consistent violations of this Code, of rules

promulgated thereunder or of final orders, permits or licenses

issued pursuant thereto;

2. Reckless disregard for the protection of the public and the

environment as demonstrated by noncompliance with environmental laws

and rules resulting in endangerment of human health or the

environment; or

3. Actions causing, continuing, or contributing to the release

or threatened release of pollutants or contaminants to the

environment.

E. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health or welfare

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or the environment, the Executive Director may without notice or

hearing issue an order, effective upon issuance, reciting the

existence of such an emergency and requiring that such action be

taken as deemed necessary to meet the emergency. Any person to whom

such an order is directed shall comply therewith immediately but may

request an administrative enforcement hearing thereon within fifteen
the environment, the Executive Director may without notice or

hearing issue an order, effective upon issuance, reciting the

existence of such an emergency and requiring that such action be

taken as deemed necessary to meet the emergency. Any person to whom

such an order is directed shall comply therewith immediately but may

request an administrative enforcement hearing thereon within fifteen

(15) days after the order is served. Such hearing shall be held by

the Department within ten (10) days after receipt of the request.

On the basis of the hearing record, the Executive Director shall

sustain or modify such order.

F. Except as otherwise expressly provided by law, any notice of

violation, order, or other instrument issued by or pursuant to

authority of the Department may be served on any person affected

thereby personally, by publication, or by mailing a copy of the

notice, order, or other instrument by certified mail return-receipt

requested directed to such person at his last-known post office

address as shown by the files or records of the Department. Proof

of service shall be made as in the case of service of a summons or

by publication in a civil action. Such proof of service shall be

filed in the Office of Administrative Hearings.

G. Every certificate or affidavit of service made and filed

shall be prima facie evidence of the facts therein stated. A

certified copy thereof shall have like force and effect.

H. 1. The administrative hearings provided for in this section

shall be conducted as individual proceedings in accordance with, and

a record thereof maintained pursuant to, Article II of the

Administrative Procedures Act, this Code and rules promulgated

thereunder. When a hearing is timely requested by a respondent

pursuant to this section, the Department shall promptly conduct such

hearing.

2. Such hearing shall be conducted by an Administrative Law

Judge or by the Executive Director. When an Administrative Law

Judge holds the hearing, such Judge shall prepare a proposed order

and shall:

a. serve it on the parties, by regular mail, and may

offer an opportunity for parties to file exceptions to

the proposed order before a final order is entered in

the event the Executive Director does not review the

record, and

b. present the proposed order, the exceptions, if any,

and the record of the matter to the Executive

Director, or

c. present the proposed order and the record of the

matter to the Executive Director for review and entry

of a final order for any default, failure to appear at

the hearing or if the parties by written stipulation

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waive compliance with subparagraph a of this

paragraph.

3. For administrative proceedings conducted by an

Administrative Law Judge pursuant to this section, the Executive

Director may adopt, amend or reject any findings or conclusions of

the Administrative Law Judge or exceptions of any party and issue a

final order accordingly, or may in his discretion remand the

proceeding for additional argument or the introduction of additional

evidence at a hearing held for the purpose. A final order shall not

be issued by the Executive Director until after:

a. the opportunity for exceptions has lapsed without

receiving exceptions, or after exceptions, briefs and

oral arguments, if any, are made, or

b. review of the record by the Executive Director.

4. Any order issued by the Department shall become final upon

service.

I. Any party aggrieved by a final order may petition the

Department for rehearing, reopening or reconsideration within ten
er:

a. the opportunity for exceptions has lapsed without

receiving exceptions, or after exceptions, briefs and

oral arguments, if any, are made, or

b. review of the record by the Executive Director.

4. Any order issued by the Department shall become final upon

service.

I. Any party aggrieved by a final order may petition the

Department for rehearing, reopening or reconsideration within ten

(10) days from the date of the entry of the final order. Any party

aggrieved by a final order, including the Attorney General on behalf

of the state, may, pursuant to the Administrative Procedures Act,

petition for a judicial review thereof.

J. If the Attorney General seeks redress on behalf of the

state, as provided for in subsection I of this section, the

Executive Director is empowered to appoint a special counsel for

such proceedings.

K. 1. Unless specified otherwise in this Code, any penalty

assessed or proposed in an order shall not exceed Ten Thousand

Dollars ($10,000.00) per day of noncompliance.

2. The determination of the amount of an administrative penalty

shall include, but not be limited to, the consideration of such

factors as the nature, circumstances and gravity of the violation or

violations, the economic benefit, if any, resulting to the

respondent from the violation, the history of such violations and

respondent's degree of culpability and good faith compliance

efforts. For purposes of this section, each day, or part of a day,

upon which such violation occurs shall constitute a separate

violation.

L. Notwithstanding the provisions of subsections A and B of

this section, the Department may, within three (3) years of

discovery, apply for the assessment of an administrative penalty for

any violation of this Code, or rules promulgated thereunder or

permits or licenses issued pursuant thereto.

M. Any order issued pursuant to this section may require that

corrective action be taken. If corrective action must be taken on

adjoining property, the owner of such adjoining property shall not

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give up any right to recover damages from the responsible party by

allowing corrective action to occur.

N. Inspections, investigations, administrative enforcement

hearings and other administrative actions or proceedings pursuant to

the Code shall not be the basis for delaying judicial proceedings

between private parties involving the same subject matter.