OSCN Found Document:Sampling, Investigating, Inquiring and Inspecting Conditions Re... Page l of I 

BOklahoma Statutes Citationized 

E::rritle 27 A. Environment and Natural Resources 

CJChapter 2 - Oklahoma Environmental Quality Code 

CJArticle Ill- Department of Environmental Quality and Executive Director 

CJArticle Part 5. General Regulation and Enforcement 

~Section 2-3-501 -Sampling, Investigating, Inquiring and Inspecting Conditions Relating to 

Pollution or Damage to Natural Resource 

Cite as: O.S. §, __ 

A. Any duly authorized representative of the Department of Environmental Quality shall have the power to enter at 

reasonable times upon any private or public property for the purpose of sampling, inspecting and investigating 

conditions relating to pollution, damage to natural resources or the possible pollution of any air, land or waters of 

the state or the environment or relating to any other environmental or permitting responsibility authorized by law. 

B. If the property to be entered has been identified on the federal National Priority List as a Superfund site or 

otherwise identified for an action under the federal Comprehensive Environmental Response, Compensation and 

Liability Act (CERCLA, 42 U.S.C., Section 9601 et seq.) and the Department of Environmental Quality has been 

designated by the United States Environmental Protection Agency as lead agency for CERCLA activities at the 

site, any duly authorized representative of the Department shall have the power, in addition to the powers listed in 

subsection A of this section, to enter for purposes of conducting those CERCLA activities or to prevent 

unreasonable interference with such activities or remedies. The Department may seek administrative or judicial 

remedies for any person's refusal to allow, or interference with, entry for this purpose. 

C. The Department may require the establishment and maintenance of records and reports relating to any activity 

regulated by the Department. Copies of such records shall be submitted to the Department on request. Any 

authorized representative of the Department shall be allowed access and may examine such reports or records. 

D. The Department may apply to and obtain from a judge of the district court, an order authorizing an 

administrative warrant to enforce access to premises for sampling, investigation, inquiry and inspection under the 

provisions of this Code and the rules promulgated by the Board. Failure to obey an administrative warrant of the 

district court may be punished by the district court as a contempt of court. 

E. The Executive Director may appoint commissioned peace officers, certified by the Council on Law Enforcement 

Education and Training, to investigate environmental crimes. Peace officers who become employed under this 

section who have service credit in the Oklahoma Law Enforcement Retirement System may, within thirty (30) 

days after becoming employed, elect to continue membership in the Oklahoma Law Enforcement Retirement 

System; otherwise they shall be eligible to enroll only in the Oklahoma Public Employees Retirement System. 

Historical Data 

Added by Laws 1972, SB 387, c. 242, § 9; Amended by Laws 1993, HB 1002, c. 145, § 25, emerg. eft. July 1, 

1993; Renumbered from 82 O.S. § 926.9 by Laws 1993, HB 1002, c. 145, § 359, emerg. eff. July 1, 1993; 

Amended by Laws 1993, SB 361, c. 324, § 9, emerg. eff. July 1, 1993; Amended by Laws 1995, SB 247, c. 285, § 

22, emerg. eff. July 1, 1995; Amended by Laws 2004, SB 1167, c. 111 , § 1, emerg. eft. April 15, 2004 (repealed 

by Laws 2005, HB 2060, c. 1, § 24, emerg. eff. March 15, 2005); Amended by Laws 2004, HB 2615, c. 141, § 1, 

eff. November 1, 2004 (superseded document available); Amended by Laws 2005, HB 2060, c. 1, § 23, emerg. 

eft. March 15, 2005 (superseded document available). 

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OSCN Found Document:Violations of Code 

Oklahoma Statutes Citationized 

Blitle 27 A. Environment and Natural Resources 

Chapter 2 - Oklahoma Environmental Quality Code 

E:i4rticle Ill - Department of Environmental Quality and Executive Director 

Article Part 5. General Regulation and Enforcement 

~Section 2-3-502- Violations of Code 

Cite as: O.S. §, __ ---- --- _, _______________________ , 

Page I of3 

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 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 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 (15) days after the 

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OSCN Found Document:Violations of Code Page 2 of3 

order is served. Such hearing shall be held by the Department within ten (1 0) 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 suet'\ 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 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 (1 0) 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 

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OSCN Found Document:Violations of Code Page 3 of3 

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 give up any right to recover 

damages from the responsible par.ty 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. 

Historical Data 

Added by Laws 1993, HB 1002, c. 145, § 26, emerg. eff. July 1, 1993; Amended by Laws 1994, SB 832, c. 353, § 

6, emerg. eff. July 1, 1994; Amended by Laws 1999, SB 241, c. 381, § 5, emerg. eff. June 8, 1999 (superseded 

document available). 

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OSCN Found Document:Notice of Enforcement Action 

B Oklahoma Statutes Citationized 

f3ritle 27 A. Environment and Natural Resources 

B chapter 2 • Oklahoma Environmental Quality Code 

B Article Ill- Department of Environmental Quality and Executive Director 

B Article Part 5. General Regulation and Enforcement 

@:lsection 2-3-503- Notice of Enforcement Action 

Cite as: O.S. §, __ 

Page I of I 

If the Department undertakes an enforcement action as a result of a complaint, the Department shall notify the 

complainant of the enforcement action by mail and offer the complainant an opportunity to provide written 

information pertinent to the complaint within fourteen (14) calendar days after the date of the mailing. 

Historical Data 

Added by Laws 1993, HB 1002, c. 145, § 27, emerg. eff. July 1, 1993. 

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. OSCN Found Document:Penalties for Violations of Code 

B Oklahoma Statutes Citationized 

S Tille 27A. Environment and Natural Resources 

B chapter 2 - Oklahoma Environmental Quality Code 

fdArticle Ill - Department of Environmental Quality and Executive Director 

fdArticle Part 5. General Regulation and Enforcement 

~Section 2-3-504- Penalties for ViolaHons of Code 

Cite as: O.S. §, __ 

Pagel of2 

A. Except as otherwise specifically provided by law, any person who violates any of the provisions of, or who fails 

to perform any duty imposed by, the Oklahoma Environmental Quality Code or who violates any order, permit or 

license issued by the Department of Environmental Quality or rule promulgated by the Environmental Quality 

Board pursuant to this Code: 

1. Shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than Two 

Hundred Dollars ($200.00) for each violation and not more than Ten Thousand Dollars ($10,000.00) for each 

violation or by imprisonment in the county jail for not more than six (6) months or by both such fine and 

imprisonment; 

2. May be punished in civil proceedings in district court by assessment of a civil penalty of not more than Ten 

Thousand Dollars ($1 0,000.00) for each violation; 

3. May be assessed an administrative penalty pursuant to Section 2-3-502 of this title not to exceed Ten 

Thousand Dollars ($10,000.00) per day of noncompliance; or 

4. May be subject to injunctive relief granted by a district court. A district court may grant injunctive relief to 

prevent a violation of, or to compel a compliance with, any of the provisions of this Code or any rule promulgated 

thereunder or order, license or permit issued pursuant to this Code. 

B. Nothing in this part shall preclude the Department from seeking penalties in District Court in the maximum 

amount allowed by law. The assessment of penalties in an administrative enforcement proceeding shall not 

prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of this 

Code. 

C. Any person assessed an administrative or civil penalty shall be required to pay, in addition to such penalty 

amount and interest thereon, attorneys fees and costs associated with the collection of such penalties. 

D. For purposes of this section, each day or part of a day upon which such violation occurs shall constitute a 

separate violation. 

E. The Attorney General or the district attorney of the appropriate district court of Oklahoma may bring an action 

in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of this Code or 

any rule promulgated thereunder, or order, license or permit issued pursuant thereto. 

F. 1. Any action for injunctive relief to redress or restrain a violation by any person of this Code or of any rule 

promulgated thereunder, or order, license, or permit issued pursuant thereto or for recovery of any administrative 

or civil penalty assessed pursuant to this Code may be brought by: 

a. the district attorney of the appropriate district court of the State of Oklahoma, 

b. the Attorney General on behalf of the State of Oklahoma, or 

c. the Department on behalf of the State of Oklahoma. 

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OSCN Found Document:Penalties for Violations of Code Page 2 of2 

2. The court shall have jurisdiction to determine said action, and to grant the necessary or appropriate relief, 

including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages. 

3. In any judicial action in which the Department seeks injunctive relief and alleges by verified petition that: 

a. the defendant's actions or omissions constitute a violation of the Code or a rule, order, license or permit, and 

b. the actions or omissions present an imminent and substantial endangerment to health or the environment if 

allowed to continue during the pendency of the action, 

the Department shall be entitled to obtain a temporary order or injunction to prohibit such acts or omissions to the 

extent they present an imminent and substantial endangerment to health or the environment. Such temporary 

order or injunction shall remain in effect during the pendency of the judicial action until superceded or until such 

time as the court finds that the criteria of subparagraphs a and b of this paragraph no longer exist. If a temporary 

order or injunction has been issued without prior hearing, the court shall schedule a hearing within twenty (20} 

days after issuance of the temporary order to determine whether the temporary order should be lifted and a 

preliminary injunction should issue. The Department shall bear the burden of proof at such hearing. 

4. It shall be the duly of the Attorney General and district attorney to bring such actions, if requested by the 

Executive Director of the Department. 

G. Except as otherwise provided by law, administrative and civil penalties shall be paid into the Department of 

Environmental Quality Revolving Fund. 

H. In determining the amount of a civil penalty the court shall consider such factors as the nature, circumstances 

and gravity of the violation or violations, the economic benefit, if any, resulting to the defendant from the violation, 

the history of such violations, any good faith efforts to comply with the applicable requirements, the economic 

impact of the penalty on the defendant, the defendant's degree of culpability, and such other matters as justice 

may require. 

I. In addition to or in lieu of any administrative enforcement proceedings available to the Department, the 

Department may take or request civil action or request criminal prosecution, or both, as provided by law for any 

violation of this Code, rules promulgated thereunder, or orders issued, or conditions of permits, licenses, 

certificates or other authorizations prescribed pursuant thereto. 

Historical Data 

Added by Laws 1993, HB 1002, c. 145, § 28, emerg. eff. July 1, 1993; Amended by Laws 1998, SB 992, c. 186, § 

1, eff. November 1, 1998 (superseded document available}. 

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OSCN Found Document: Penalties for False Statement or Misrepresentation 

B Oklahoma Statutes Citationized 

E::rritle 27 A. Environment and Natural Resources 

B chapter 2 - Oklahoma Environmental Quality Code 

Article Ill - Department of Environmental Quality and Executive Director 

Article Part 5. General Regulation and Enforcement 

~Section 2-3-505- Penalties for False Statement or Misrepresentation 

Cite as: O.S. §, __ 

Page 1 of 1 

In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, 

representation or certification in, or omits material data from, any application for a permit, license, certificate or 

other authorization, or any notice, analyses or report required by this Code, rules promulgated thereunder or any 

permit, license, certificate or other authorization issued pursuant thereto, or knowingly misrepresents or omits 

material data in such report to any person relying on such report or who alters any sample or knowingly renders 

inaccurate any monitoring device or method required to be maintained by such Code, rules, permits, licenses, 

certificates or authorization, or with regard to owners and employees of laboratories certified by the Department, 

misrepresents or omits material data from any report or analyses submitted to any person relying on such data 

because of the laboratory's certification shall, upon conviction, be guilty of a misdemeanor and may be subject to 

a fine of not more than Five Thousand Dollars ($5,000.00) for each such violation. 

Historical Data 

Added by Laws 1993, HB 1002, c. 145, § 29, emerg. eft. July 1, 1993. 

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OSCN Found Document: Purpose and Construction of Code 

CiOklahoma Statutes Citationized 

E:rritte 27 A. Environment and Natural Resources 

B chapter 2 - Oklahoma Environmental Quality Code 

CiArticle Ill - Department of Environmental Quality and Executive Director 

BArticle Part 5. General Regulation and Enforcement 

~Section 2-3-506- Purpose and Construction of Code 

Cile as: O.S. §, __ 

Pagel of l 

A. It is the purpose of this Code to provide additional and cumulative remedies to prevent, abate and control 

pollution. Nothing contained in this Code shall be construed to abridge or alter rights of action or remedies under 

the common law or statutory law, criminal or civil; nor shall any provision of this Code, or any act done by virtue 

thereof, be construed as estopping the state, or any municipality or person in the exercise of their rights under the 

common law to suppress nuisances or to abate pollution. Nothing in this Code shall in any way impair or affect a 

person's right to recover damages for pollution. 

B. Nothing in this Code shall be construed to preclude the disposition of any matter by stipulation, agreed 

settlement, consent order or default. 

C. Unless otherwise specified, the violations, remedies and penalties contained in this Code are in addition to 

those in the Environmental Crimes Act and other Oklahoma law. The specific enforcement provisions of other 

articles of this Code shall control over the provisions of this part when inconsistent. 

D. The provisions of this part shall extend to all programs administered by the Department regardless of whether 

the statutes creating such program are codified in Title 27A of the Oklahoma Statutes. 

Historical Data 

Added by Laws 1993, HB 1002, c. 145, § 30, emerg. eff. July 1, 1993. 

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OSCN Found Document:Compliance Schedules with Department of Environmental Quality Page l of l 

S Oklahoma Statutes Citationized 

E:rritle 27 A. Environment and Natural Resources 

Schapter 2 - Oklahoma Environmental Quality Code 

S Article Ill - Department of Environmental Quality and Executive Director 

S Article Part 5. General Regulation and Enforcement 

~Section 2-3-507- Compliance Schedules with Department of Environmental Quality 

Cite as: O.S. §, __ 

Political subdivisions may, when compliance with environmental standards would create excessive debt, enter 

into compliance schedules with the Department of Environmental Quality to prioritize compliance based on their 

greatest environmental or other public health and safety needs. Excessive debt is indicated when the work 

needed for compliance would require a capital cost or user charge significantly beyond the per-household cost for 

similar sized communities within the state. Penalties shall not be assessed if a political subdivision complies with 

the schedule authorized by the Department. 

Historical Data 

- ----------

Added by Laws 1997, HB 1310, c. 53,§ 1, emerg. eft. April8, 1997. 

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