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

## BOklahoma Statutes Citationized

E::rritle 27A. 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 ofthe 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. Ifthe 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 ofthe 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 ofthe 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 ofthe district court may be punished by the district court as a contempt ofcourt. 

### 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).



### http://w\vw.oscn.net /applications/oscn /cleliverclocument.asp?citeid=439061&PrintOnly=h·ue 3/ 19/2013

### OSCN Found Document:Violations ofCode**Oklahoma** 

## Statutes Citationized Bl itle 27A. 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 ofthe 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 ofthe notice ofviolation, 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 ofthis 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 offinal orders, permits or licenses issued pursuant thereto; 2. Reckless disregard for the protection ofthe 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 ofCode 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 ofthe hearing record, the Executive Director shall sustain or modify such order. F. Except as otherwise expressly provided by law, any notice ofviolation, order, or other instrument issued by or pursuant to authority ofthe 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 ofthe 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 ofthe 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 ofthe matter to the Executive Director, or c. present the proposed order and the record ofthe 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 ofthe 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 ofthe entry of the final order. Any party aggrieved by a final order, including the Attorney General on behalf ofthe state, may, pursuant to the Administrative Procedures Act, petition for a judicial review thereof. J. Ifthe Attorney General seeks redress on behalfofthe state, as provided for in subsection I ofthis 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 ofthe 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 ofCode 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 ofthis section, the Department may, within three {3) years of discovery, apply for the assessment of an administrative penalty for any violation ofthis Code, or ru les 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 ofEnforcement Action 

## B Oklahoma Statutes Citationized

f3ritle 27A. 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.



### http://www.oscn.net /applications/ oscn /deliverdocument.asp?citeid=78971 &PrintOnly=true 3/19/2013

### .OSCN Found Document:Penalties for Violations ofCode 

## 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 ofthis 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 ofthe 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 ofthis section, each day or part ofa 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 ofcompetent jurisdiction for the prosecution ofa violation by any person of a provision ofthis 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 ofthe State of Oklahoma, b. the Attorney General on behalf ofthe State of Oklahoma, or c. the Department on behalf of the State of Oklahoma.


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### OSCN Found Document:Penalties for Violations ofCode 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 anyjudicial action in which the Department seeks injunctive relief and alleges by verified petition that: a. the defendant's actions or omissions constitute a violation ofthe 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 ofthe 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 ofthe Attorney General and district attorney to bring such actions, if requested by the Executive Director ofthe 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 ofthe violation or violations, the economic benefit, if any, resulting to the defendant from the violation, the history ofsuch violations, any good faith efforts to comply with the applicable requirements, the economic impact ofthe 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}.



### http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=78972&Print0nly=true 3/19/2013

### OSCN Found Document:Penalties for False Statement orMisrepresentation 

## B Oklahoma Statutes Citationized

E::rritle 27A. 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 ofthe 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.



### http:/ /www.oscn.net/applications/oscn /deliverdocument.asp?citeid=78973&Print0nly=true 3/19/2013

### OSCN Found Document:Purpose and Construction ofCode 

## 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 ofthis 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 ofthis part when inconsistent. D . The provisions ofthis 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.



### http://www.oscn.net /applications/oscn/deliverdocument.asp?citeid=78974&Print0nly=true 3/19/2013

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

## S Oklahoma Statutes Citationized

E:rritle 27A. 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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