{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-3-504","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-3-504","heading":"Violation of Code, order, permit or license or rule -","body":"Penalties and remedies.\n\nA. Except as otherwise specifically provided by law, any person\n\nwho violates any of the provisions of, or who fails to perform any\n\nduty imposed by, the Oklahoma Environmental Quality Code or who\n\nviolates any order, permit or license issued by the Department of\n\nEnvironmental Quality or rule promulgated by the Environmental\n\nQuality Board pursuant to this Code:\n\n1. Shall be guilty of a misdemeanor and upon conviction thereof\n\nmay be punished by a fine of not less than Two Hundred Dollars\n\n($200.00) for each violation and not more than Ten Thousand Dollars\n\n($10,000.00) for each violation or by imprisonment in the county\n\njail for not more than six (6) months or by both such fine and\n\nimprisonment;\n\n2. May be punished in civil proceedings in district court by\n\nassessment of a civil penalty of not more than Ten Thousand Dollars\n\n($10,000.00) for each violation;\n\n3. May be assessed an administrative penalty pursuant to\n\nSection 2-3-502 of this title not to exceed Ten Thousand Dollars\n\n($10,000.00) per day of noncompliance; or\n\n4. May be subject to injunctive relief granted by a district\n\ncourt. A district court may grant injunctive relief to prevent a\n\nviolation of, or to compel a compliance with, any of the provisions\n\nof this Code or any rule promulgated thereunder or order, license or\n\npermit issued pursuant to this Code.\n\nB. Nothing in this part 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 this Code.\n\nC. Any person assessed an administrative or civil penalty shall\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\nD. For purposes of this section, each day or part of a day upon\n\nwhich such violation occurs shall constitute a separate violation.\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 this Code or any rule promulgated\n\nthereunder, or order, license or permit issued pursuant thereto.\n\nF. 1. Any action for injunctive relief to redress or restrain\n\na violation by any person of this Code or of any rule promulgated\n\nthereunder, or order, license, or permit issued pursuant thereto or\n\nfor recovery of any administrative or civil penalty assessed\n\npursuant to this Code 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. In any judicial action in which the Department seeks\n\ninjunctive relief and alleges by verified petition that:\n\na. the defendant's actions or omissions constitute a\n\nviolation of the Code or a rule, order, license or\n\npermit, and\n\nb. the actions or omissions present an imminent and\n\nsubstantial endangerment to health or the environment\n\nif allowed to continue during the pendency of the\n\naction,\n\nthe Department shall be entitled to obtain a temporary order or\n\ninjunction to prohibit such acts or omissions to the extent they\n\npresent an imminent and substantial endangerment to health or the\n\nenvironment. Such temporary order or injunction shall remain in\n\neffect during the pendency of the judicial action until superseded\n\nor until such time as the court finds that the criteria of\naction,\n\nthe Department shall be entitled to obtain a temporary order or\n\ninjunction to prohibit such acts or omissions to the extent they\n\npresent an imminent and substantial endangerment to health or the\n\nenvironment. Such temporary order or injunction shall remain in\n\neffect during the pendency of the judicial action until superseded\n\nor until such time as the court finds that the criteria of\n\nsubparagraphs a and b of this paragraph no longer exist. If a\n\ntemporary order or injunction has been issued without prior hearing,\n\nthe court shall schedule a hearing within twenty (20) days after\n\nissuance of the temporary order to determine whether the temporary\n\norder should be lifted and a preliminary injunction should issue.\n\nThe Department shall bear the burden of proof at such hearing.\n\n4. It shall be the duty of the Attorney General and district\n\nattorney to bring such actions, if requested by the Executive\n\nDirector of the Department.\n\nG. Except as otherwise provided by law, administrative and\n\ncivil penalties shall be paid into the Department of Environmental\n\nQuality Revolving Fund.\n\nH. In determining the amount of a civil penalty the court shall\n\nconsider such factors as the nature, circumstances and gravity of\n\nthe violation or violations, the economic benefit, if any, resulting\n\nto the defendant from the violation, the history of such violations,\n\nany good faith efforts to comply with the applicable requirements,\n\nthe economic impact of the penalty on the defendant, the defendant's\n\ndegree of culpability, and such other matters as justice may\n\nrequire.\n\nI. In addition to or in lieu of any administrative enforcement\n\nproceedings available to the Department, the Department may take or\n\nrequest civil action or request criminal prosecution, or both, as\n\nprovided by law for any violation of this Code, rules promulgated\n\nthereunder, or orders issued, or conditions of permits, licenses,\n\ncertificates or other authorizations prescribed pursuant thereto.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"53552a4aa58fa26a6424bd3f2b3cf88ed841314e87ccd9baa2df45854d671c7f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-3-503","next":"us-ok/okla.-stat.-tit.-27a-27a-2-3-505"},"notice":"GroundRules: Original legal text. Not legal advice."}