Okla. Stat. tit. 27A, § 27A-2-7-126

In addition to any other remedies provided in the Oklahoma

Hazardous Waste Management Act, the Department of Environmental

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 193

Quality 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 Hazardous Waste Management Act, or any rule promulgated

thereunder.

1. Such order may require compliance with the Oklahoma

Hazardous Waste Management Act or such rule immediately or within a

specified time period or both. Such order may also assess an

administrative penalty for any past or current violation of the

Oklahoma Hazardous Waste Management Act or the rules and for each

day or part of a day that such person fails to comply with such

order.

a. Any order issued pursuant to this section shall state

with specificity the nature of the violation or

violations.

b. Any penalty assessed in the order shall not exceed

Twenty-five Thousand Dollars ($25,000.00) per day of

noncompliance for each violation of the Oklahoma

Hazardous Waste Management Act, the rules or the

order. In assessing such penalties, the Executive

Director shall consider the seriousness of the

violation or violations and any good faith efforts to

comply with applicable requirements.

2. 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 an

administrative enforcement hearing. Upon such request the

Department shall promptly provide for the hearing. The Department

shall dismiss such proceedings where past and current compliance

with the Oklahoma Hazardous Waste Management Act, the rules and the

order is demonstrated.

a. Orders and hearings are subject to the Administrative

Procedures Act.

b. 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.

c. The Department may adopt procedural rules as necessary

and appropriate to implement the provisions of this

section.

3. Any order issued pursuant to the Oklahoma Hazardous Waste

Management Act may require that corrective action be taken beyond

the hazardous waste facility boundary where necessary to protect

human health and the environment, unless the owner or operator of

the facility demonstrates that, despite the owner's or operator's

best efforts, the owner or operator is unable to obtain the

necessary permission to undertake such action.

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