{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-110","heading":"Violations - Compliance orders - Administrative","body":"penalties - Notice and hearing - Burden of proof - Settlements or\n\nconsent orders.\n\nA. In addition to any other remedy provided for by law, the\n\nDepartment may issue a written order to any person whom the\n\nDepartment has reason to believe has violated, or is presently in\n\nviolation of, the Oklahoma Clean Air Act or any rule promulgated by\n\nthe Board, any order of the Department or Council, or any condition\n\nof any permit issued by the Department pursuant to the Oklahoma\n\nClean Air Act, and to whom the Department has served, no less than\n\nfifteen (15) days previously, a written notice of violation. The\n\nDepartment shall by conference, conciliation and persuasion provide\n\nthe person a reasonable opportunity to eliminate such violations,\n\nbut may, however, reduce the fifteen-day notice period as in the\n\nopinion of the Department may be necessary to render the order\n\nreasonably effectual.\n\nB. Such order may require compliance immediately or within a\n\nspecified time period or both. The order, notwithstanding any\n\nrestriction contained in subsection A of this section, may also\n\nassess an administrative penalty for past violations occurring no\n\nmore than five (5) years prior to the date the order is filed with\n\nthe Department, and for each day or part of a day that such person\n\nfails to comply with the order.\n\nC. Any order issued pursuant to this section shall state with\n\nspecificity the nature of the violation or violations, and may\n\nimpose such requirements, procedures or conditions as may be\n\nnecessary to correct the violations. The Department may also order\n\nany environmental contamination having the potential to adversely\n\naffect the public health, when caused by the violations, to be\n\ncorrected by the person or persons responsible.\n\nD. Any penalty assessed in the order shall not exceed Ten\n\nThousand Dollars ($10,000.00) per day for each violation. In\n\nassessing such penalties, the Department shall consider the\n\nseriousness of the violation or violations, any good faith efforts\n\nto comply, and other factors determined by rule to be relevant. A\n\nfinal order following an enforcement hearing may assess an\n\nadministrative penalty of an amount based upon consideration of the\n\nevidence but not exceeding the amount stated in the written order.\n\nE. Any order issued pursuant to this section shall become a\n\nfinal order, unless no later than fifteen (15) days after the order\n\nis served the person or persons named therein request in writing an\n\nenforcement hearing. Said order shall contain language to that\n\neffect. Upon such request, the Department shall promptly schedule\n\nthe enforcement hearing before an Administrative Law Judge for the\n\nDepartment and notify the respondent.\n\nF. At all proceedings with respect to any alleged violation of\n\nthe Oklahoma Clean Air Act, or any rule promulgated thereunder, the\n\nburden of proof shall be upon the Department.\n\nG. Nothing in this section shall be construed to limit the\n\nauthority of the Department to enter into an agreed settlement or\n\nconsent order with any respondent.","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":"90a3dfd9cc4211f3a5436b801ac0080b82fb06ce422ccd2b7e21994f86ecabda","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-109","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-111"},"notice":"GroundRules: Original legal text. Not legal advice."}