{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-26","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-26","heading":"Penalties","body":"A. Any person violating the provisions of the Oklahoma Swine\n\nFeeding Operations Act or any rule of the State Board of Agriculture\n\npromulgated pursuant thereto shall, upon conviction, be deemed\n\nguilty of a misdemeanor and upon conviction thereof may be punished\n\nby a fine not exceeding Two Hundred Dollars ($200.00).\n\nB. Any owner or operator who fails to take such action as may\n\nbe reasonable and necessary to avoid pollution of any stream, lake,\n\nriver or creek, except as otherwise provided by law, or who violates\n\nany rule of the Board adopted to prevent water pollution from swine\n\nfeeding operations pursuant to this act shall, upon conviction, be\n\ndeemed guilty of a misdemeanor, and upon conviction thereof may be\n\npunished by a fine of Five Hundred Dollars ($500.00) to Ten Thousand\n\nDollars ($10,000.00) for each violation, by imprisonment in the\n\ncounty jail for not more than six (6) months for each violation, or\n\nby the assessment of a civil penalty up to Ten Thousand Dollars\n\n($10,000.00) for each violation or by any of such fine,\n\nimprisonment, and civil penalty.\n\nC. 1. In addition to the criminal and civil penalties\n\nspecified by this section, the Oklahoma Department of Agriculture,\n\nFood, and Forestry may:\n\na. assess an administrative penalty of not more than Ten\n\nThousand Dollars ($10,000.00) per day of\n\nnoncompliance, or\n\nb. bring an action for injunctive relief granted by a\n\ndistrict court.\n\n2. A district court may grant injunctive relief to prevent a\n\nviolation of, or to compel compliance with, any of the provisions of\n\nthe Oklahoma Swine Feeding Operations Act or any rule promulgated\n\nthereunder or order, license or permit issued pursuant to the\n\nOklahoma Swine Feeding Operations Act.\n\n3. Nothing in this section shall preclude the Department from\n\nseeking penalties in district court in the maximum amount allowed by\n\nlaw. The assessment of penalties in an administrative enforcement\n\nproceeding shall not prevent the subsequent assessment by a court of\n\nthe maximum civil or criminal penalties for violations of the\n\nOklahoma Swine Feeding Operations Act.\n\nD. Any person assessed an administrative or civil penalty may\n\nbe required to pay, in addition to such penalty amount and interest\n\nthereon, attorneys fees and costs associated with the collection of\n\nsuch penalties.\n\nE. The Attorney General or the district attorney of the\n\nappropriate district court of Oklahoma may bring an action in a\n\ncourt of competent jurisdiction for the prosecution of a violation\n\nby any person of a provision of the Oklahoma Swine Feeding\n\nOperations Act or any rule promulgated thereunder, or order, license\n\nor permit issued pursuant thereto.\n\nF. 1. Any action for injunctive relief to redress or restrain\n\na violation by any person of the Oklahoma Swine Feeding Operations\n\nAct or for any rule promulgated thereunder, or order, license, or\n\npermit issued pursuant thereto or recovery of any administrative or\n\ncivil penalty assessed pursuant to the Oklahoma Swine Feeding\n\nOperations Act may be brought by:\n\na. the district attorney of the appropriate district\n\ncourt of the State of Oklahoma,\n\nb. the Attorney General on behalf of the State of\n\nOklahoma, or\n\nc. the Department on behalf of the State of Oklahoma.\n\n2. The court shall have jurisdiction to determine said action,\n\nand to grant the necessary or appropriate relief, including but not\n\nlimited to mandatory or prohibitive injunctive relief, interim\n\nequitable relief, and punitive damages.\n\n3. It shall be the duty of the Attorney General and district\n\nattorney if requested by the Commissioner of Agriculture to bring\n\nsuch actions.\n\nG. Except as otherwise provided by law, administrative and\n\ncivil penalties shall be paid into the State Department of\n\nAgriculture Revolving Fund.\n\nH. In determining the amount of a civil penalty or\nelief, interim\n\nequitable relief, and punitive damages.\n\n3. It shall be the duty of the Attorney General and district\n\nattorney if requested by the Commissioner of Agriculture to bring\n\nsuch actions.\n\nG. Except as otherwise provided by law, administrative and\n\ncivil penalties shall be paid into the State Department of\n\nAgriculture Revolving Fund.\n\nH. In determining the amount of a civil penalty or\n\nadministrative penalty, the court or the Department, as the case may\n\nbe, shall consider such factors as the nature, circumstances and\n\ngravity of the violation or violations, the economic benefit, if\n\nany, resulting to the defendant from the violation, the history of\n\nsuch violations, any good-faith efforts to comply with the\n\napplicable requirements, the economic impact of the penalty on the\n\ndefendant, the defendant's degree of culpability, and such other\n\nmatters as justice may require.\n\nI. For the purposes of this section, each day upon which a\n\nviolation is committed or is permitted to continue shall be deemed a\n\nseparate offense.\n\nJ. In addition to other penalties as may be imposed by law, any\n\nperson who knowingly makes any false statement, representation or\n\ncertification in any water pollution form, notice or report, or who\n\nknowingly renders inaccurate any monitoring device or method\n\nrequired to be maintained by any water pollution rules promulgated\n\nby the Board, shall, upon conviction, be guilty of a misdemeanor and\n\nmay be subject to a fine of not more than Five Thousand Dollars\n\n($5,000.00) for each violation.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"76124c8b7950ba8b2c6819302d9137b3dba301f732bf04a9f43e66e7ef85042c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-25","next":"us-ok/okla.-stat.-tit.-2-2-20-27"},"notice":"GroundRules: Original legal text. Not legal advice."}