Okla. Stat. tit. 27A, § 27A-2-6-206

A. Whenever there are reasonable grounds to believe that there

has been a violation of any of the provisions of the Oklahoma

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 139

Pollutant Discharge Elimination System Act, any permit, any rule, or

any order of the Executive Director, the Executive Director shall

have the authority and powers to proceed as specified in the

Administrative Procedures Act unless otherwise provided herein.

Provided, however, that provisions of this section for written

notice, enforcement hearing, and administrative orders shall not be

conditions precedent for the Department to seek action in the

district court as provided by the Oklahoma Pollutant Discharge

Elimination System Act or other applicable provisions of law.

B. The Oklahoma Pollutant Discharge Elimination System Act

shall not in any way impair or in any way affect a person's right to

recover damages for pollution in a court of competent jurisdiction.

Any person having any interest connected with the geographic area or

waters or water system affected, including but not limited to any

aesthetic, recreational, health, environmental, pecuniary or

property interest, which interest is or may be adversely affected,

shall have the right to intervene as a party in any administrative

proceeding before the Department, or in any civil proceeding,

relating to violations of the Oklahoma Pollutant Discharge

Elimination System Act or rules, permits or orders issued hereunder.

C. Whenever on the basis of any information available, the

Department finds that any person or entity regulated by the

Department is in violation of any act, rule, order, permit,

condition or limitation implementing the Oklahoma Pollutant

Discharge Elimination System Act, or any previously issued discharge

permit, the Executive Director shall issue an order requiring such

person or entity to comply with such provision or requirement,

commence appropriate administrative enforcement proceedings, or

bring a civil action. Provided, however, the issuance of a

compliance order or suspension or revocation of a permit shall not

be considered a condition precedent to the accrual or imposition of

penalties or fines in any administrative, civil or criminal

proceeding.

D. A copy of any order issued pursuant to this section shall be

sent immediately to the violator. In any case in which an order or

notice to a violator is issued to a corporation, a copy of such

order shall be served on any appropriate corporate officers.

Any order issued pursuant to this section shall state with

reasonable specificity the nature of the violation, and shall

specify a time for compliance not to exceed thirty (30) days in the

case of a violation of an interim compliance schedule or operation

and maintenance requirement and not to exceed a reasonable time in

the case of a violation of a final deadline, taking into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements. Any order or notice issued by the

Executive Director may be served in any manner allowed by Oklahoma

Rules of Civil Procedures applicable to a civil summons.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 140

E. Whenever on the basis of any information available the

Executive Director finds that any person regulated by the Department

has violated any of the provisions of the Oklahoma Pollutant

Discharge Elimination System Act, or any permit, rule, order or

condition or limitation implementing any of such sections, or

previously issued discharge permit or related order, the Executive

Director may, after providing notice and opportunity for an

enforcement hearing to the alleged violator, assess an

administrative fine of not more than Ten Thousand Dollars

($10,000.00) per day of violation, for each day during which the

violation continues. The total amount of such fine shall not exceed
of such sections, or

previously issued discharge permit or related order, the Executive

Director may, after providing notice and opportunity for an

enforcement hearing to the alleged violator, assess an

administrative fine of not more than Ten Thousand Dollars

($10,000.00) per day of violation, for each day during which the

violation continues. The total amount of such fine shall not exceed

One Hundred Twenty-five Thousand Dollars ($125,000.00) per

violation. In determining the amount of any penalty assessed under

this subsection, the Executive Director shall take into account the

nature, circumstances, extent and gravity of the violation, or

violations, and, with respect to the violator, ability to pay, any

prior history of such violations, the degree of culpability,

economic benefit savings, if any, resulting from the violation, and

such other matters as justice may require. For purposes of this

subsection, a single operational upset which leads to simultaneous

violations of more than one pollutant parameter shall be treated as

a single violation. Enforcement hearings shall be conducted in

accordance with the procedures set out in the Administrative

Procedures Act.

F. 1. The Executive Director is authorized to commence a civil

action for appropriate relief, including a permanent or temporary

injunction, for any violation for which he is authorized to issue a

compliance order under subsection C of this section.

2. Any person who violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any permit condition

or limitation implementing any of such provisions in a permit issued

under the Oklahoma Pollutant Discharge Elimination System Act, or

any requirement imposed in a pretreatment program approved under the

Oklahoma Pollutant Discharge Elimination System Act, and any person

who violates any order issued by the Executive Director under

subsection C of this section, shall be subject to a civil penalty

not to exceed Ten Thousand Dollars ($10,000.00) per day for each

violation. In determining the amount of the civil penalty the court

shall consider the seriousness of the violation or violations, the

economic benefit, if any, resulting from the violation, any history

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

applicable requirements, the economic impact of the penalty on the

violator and such other matters as justice may require. For

purposes of this subsection, a single operational upset which leads

to simultaneous violations of more than one pollutant parameter

shall be treated as a single violation.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 141

3. Any action pursuant to this subsection may be brought in the

district court for the district in which the property or defendant

is located or defendant resides or is doing business, and such court

shall have jurisdiction to restrain such violation and to require

compliance.

4. The prior revocation of a permit shall not be a condition

precedent to the filing of a civil action under the Oklahoma

Pollutant Discharge Elimination System Act.

G. 1. Any person who:

a. negligently violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any

order issued by the Executive Director hereunder, or

any permit condition or limitation in a permit issued

or any requirement imposed in a pretreatment program

authorized pursuant to the Oklahoma Pollutant

Discharge Elimination System Act, or

b. negligently introduces into the waters of the state or

a treatment works discharging into the waters of the

state any pollutant or hazardous substance which such

person knew or reasonably should have known could

cause personal injury or property damage or, other

than in compliance with all applicable federal, state

or local requirements or permits, which causes such

treatment work to violate any effluent limitation or
the waters of the state or

a treatment works discharging into the waters of the

state any pollutant or hazardous substance which such

person knew or reasonably should have known could

cause personal injury or property damage or, other

than in compliance with all applicable federal, state

or local requirements or permits, which causes such

treatment work to violate any effluent limitation or

condition in a permit issued to the treatment works

pursuant to the Oklahoma Pollutant Discharge

Elimination System Act,

shall, upon conviction, be guilty of a Class D3 felony offense and

shall be punished by a fine of not less than Two Thousand Five

Hundred Dollars ($2,500.00) nor more than Twenty-five Thousand

Dollars ($25,000.00) per day of violation, or by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or by both such fine and imprisonment. If

a conviction of a person is for a violation committed after a first

conviction of such person under this paragraph, punishment shall be

a fine of not more than Fifty Thousand Dollars ($50,000.00) per day

of violation, or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or by

both.

2. Any person who:

a. knowingly violates any provision of the Oklahoma

Pollutant Discharge Elimination System Act, or any

order issued by the Executive Director hereunder, or

any permit condition or limitation in a permit issued

or any requirement imposed in a pretreatment program

authorized pursuant to the Oklahoma Pollutant

Discharge Elimination System Act, or

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b. knowingly introduces into the waters of the state or a

treatment works discharging into the waters of the

state any pollutant or hazardous substance which such

person knew or reasonably should have known could

cause personal injury or property damage or, other

than in compliance with all applicable federal, state

or local requirements or permits, which causes such

treatment work to violate any effluent limitation or

condition in a permit issued to the treatment works

under the Oklahoma Pollutant Discharge Elimination

System Act,

shall, upon conviction, be guilty of a Class D1 felony offense and

shall be punished by a fine of not less than Five Thousand Dollars

($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per

day of violation, or by imprisonment as provided for in subsections

B through F of Section 20N of Title 21 of the Oklahoma Statutes, or

by both. If a conviction of a person is for a violation committed

after a first conviction of such person under this paragraph,

punishment shall be a fine of not more than One Hundred Thousand

Dollars ($100,000.00) per day of violation, or by imprisonment as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes, or by both.

3. a. Any person who knowingly violates any provision of the

Oklahoma Pollutant Discharge Elimination System Act,

or any permit condition or limitation in a permit

issued hereunder by the Executive Director, and who

knows at that time that he thereby places another

person in imminent danger of death or serious bodily

injury shall, upon conviction, be guilty of a Class C2

felony offense and shall be subject to a fine of not

more than Two Hundred Fifty Thousand Dollars

($250,000.00), or imprisonment in the State

Penitentiary for not more than fifteen (15) years, or

both. A person which is an organization shall, upon

conviction of violating this subparagraph, be subject

to a fine of not more than One Million Dollars

($1,000,000.00). If a conviction of a person is for a

violation committed after a first conviction of such

person under this paragraph, the maximum punishment

shall be doubled with respect to both fine and

imprisonment.
teen (15) years, or

both. A person which is an organization shall, upon

conviction of violating this subparagraph, be subject

to a fine of not more than One Million Dollars

($1,000,000.00). If a conviction of a person is for a

violation committed after a first conviction of such

person under this paragraph, the maximum punishment

shall be doubled with respect to both fine and

imprisonment.

b. For the purpose of subparagraph a of this paragraph:

(1) in determining whether a defendant who is an

individual knew that his conduct placed another

person in imminent danger of death or serious

bodily injury, a person shall be responsible only

for actual awareness or actual belief that he

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possessed, and knowledge possessed by a person

other than the defendant but not by the defendant

himself may not be attributed to the defendant;

provided however that in proving the defendant's

possession of actual knowledge, circumstantial

evidence may be used, including evidence that the

defendant took affirmative steps to shield

himself from relevant information,

(2) it is an affirmative defense to prosecution under

this subsection that the conduct charged was

consented to by the person endangered and that

the danger and conduct charged were reasonably

foreseeable hazards of an occupation, business,

profession or of a medical treatment or medical

or scientific experimentation conducted by

professionally approved methods and such other

person had been made aware of the risks involved

prior to giving consent, and such defense may be

established under this subparagraph by a

preponderance of the evidence.

4. Any person who knowingly makes any false material statement,

representation, or certification in any application, record, report,

plan, or other document filed or required to be maintained under the

Oklahoma Pollutant Discharge Elimination System Act or who knowingly

falsifies, tampers with, or renders inaccurate any monitoring device

or method required to be maintained under the Oklahoma Pollutant

Discharge Elimination System Act shall, upon conviction, be guilty

of a Class D1 felony offense and shall be punished by a fine of not

more than Ten Thousand Dollars ($10,000.00), or by imprisonment as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes. If a conviction of a person is for a

violation committed after a first conviction of such person under

this paragraph, punishment shall be by a fine of not more than

Twenty Thousand Dollars ($20,000.00) per day of violation, or by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by both.

5. For purposes of this subsection, a single operational upset

which leads to simultaneous violations of more than one pollutant

parameter shall be treated as a single violation.

H. Whenever, on the basis of information available to him, the

Department finds that an owner or operator of any source is

introducing a pollutant into a treatment works in violation of the

Oklahoma Pollutant Discharge Elimination System Act or any

requirement, rule, permit or order issued under the Oklahoma

Pollutant Discharge Elimination System Act, the Department shall

notify the owner or operator of such treatment works of such

violation. If the owner or operator of the treatment works does not

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 144

commence appropriate enforcement action within thirty (30) days of

the date of such notification, the Department may commence a civil

action for appropriate relief, including but not limited to a

permanent or temporary injunction, against the owner or operator of

such treatment works. In any such civil action the Department shall

join the owner or operator of such source as a party to the action.
ence appropriate enforcement action within thirty (30) days of

the date of such notification, the Department may commence a civil

action for appropriate relief, including but not limited to a

permanent or temporary injunction, against the owner or operator of

such treatment works. In any such civil action the Department shall

join the owner or operator of such source as a party to the action.

Such action shall be brought in the district court in the county in

which the treatment works is located. Such court shall have

jurisdiction to restrain such violation and to require the owner or

operator of the treatment works and the owner or operator of the

source to take such action as may be necessary to come into

compliance with the Oklahoma Pollutant Discharge Elimination System

Act. Nothing in this subsection shall be construed to limit or

prohibit any other authority the Department may have under this

section.

I. 1. Any person against whom an administrative compliance or

penalty order is issued under this section may obtain review of such

order by filing a petition for review in district court pursuant to

the Administrative Procedures Act. Such court shall not set aside

or remand such order unless there is not substantial evidence in the

administrative record, taken as a whole, to support the finding of a

violation or unless the assessment of the penalty constitutes an

abuse of discretion and shall not impose additional civil penalties

for the same violation unless the assessment of the penalty

constitutes an abuse of discretion. No stay of an administrative

penalty order shall be granted until the amount of penalty assessed

has been deposited with the reviewing district court pending

resolution of the petition for review.

2. If any person fails to pay an assessment of an

administrative penalty:

a. after the order making the assessment has become

final, or

b. after a court in an action brought under paragraph 1

of this subsection has entered a final judgment in

favor of the Department, as the case may be,

the Department may commence or may request the Attorney General to

bring a civil action in an appropriate district court to recover the

amount assessed plus interest at currently prevailing rates from the

date of the final order or the date of the final judgment, as the

case may be. In such an action, the validity, amount, and

appropriateness of such penalty shall not be subject to review.

3. Any person who fails to pay on a timely basis the amount of

an assessment of an administrative or civil penalty shall be

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

fees and costs for collection proceeding and quarterly nonpayment

penalty for each quarter during which such failure to pay persists.

Such nonpayment penalty shall be in an amount equal to twenty

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 145

percent (20%) of the aggregate amount of such person's penalties and

nonpayment penalties which are unpaid as of the beginning of such

quarter.