Okla. Stat. tit. 27A, § 27A-2-5-110

penalties - Notice and hearing - Burden of proof - Settlements or

consent orders.

A. In addition to any other remedy provided for by law, the

Department may issue a written order to any person whom the

Department has reason to believe has violated, or is presently in

violation of, the Oklahoma Clean Air Act or any rule promulgated by

the Board, any order of the Department or Council, or any condition

of any permit issued by the Department pursuant to the Oklahoma

Clean Air Act, and to whom the Department has served, no less than

fifteen (15) days previously, a written notice of violation. The

Department shall by conference, conciliation and persuasion provide

the person a reasonable opportunity to eliminate such violations,

but may, however, reduce the fifteen-day notice period as in the

opinion of the Department may be necessary to render the order

reasonably effectual.

B. Such order may require compliance immediately or within a

specified time period or both. The order, notwithstanding any

restriction contained in subsection A of this section, may also

assess an administrative penalty for past violations occurring no

more than five (5) years prior to the date the order is filed with

the Department, and for each day or part of a day that such person

fails to comply with the order.

C. Any order issued pursuant to this section shall state with

specificity the nature of the violation or violations, and may

impose such requirements, procedures or conditions as may be

necessary to correct the violations. The Department may also order

any environmental contamination having the potential to adversely

affect the public health, when caused by the violations, to be

corrected by the person or persons responsible.

D. Any penalty assessed in the order shall not exceed Ten

Thousand Dollars ($10,000.00) per day for each violation. In

assessing such penalties, the Department shall consider the

seriousness of the violation or violations, any good faith efforts

to comply, and other factors determined by rule to be relevant. A

final order following an enforcement hearing may assess an

administrative penalty of an amount based upon consideration of the

evidence but not exceeding the amount stated in the written order.

E. Any order issued pursuant to this section shall become a

final order, unless no later than fifteen (15) days after the order

is served the person or persons named therein request in writing an

enforcement hearing. Said order shall contain language to that

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 108

effect. Upon such request, the Department shall promptly schedule

the enforcement hearing before an Administrative Law Judge for the

Department and notify the respondent.

F. At all proceedings with respect to any alleged violation of

the Oklahoma Clean Air Act, or any rule promulgated thereunder, the

burden of proof shall be upon the Department.

G. Nothing in this section shall be construed to limit the

authority of the Department to enter into an agreed settlement or

consent order with any respondent.