{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-6-206","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-6-206","heading":"Violations - Enforcement procedures - Penalties","body":"A. Whenever there are reasonable grounds to believe that there\n\nhas been a violation of any of the provisions of the Oklahoma\n\nPollutant Discharge Elimination System Act, any permit, any rule, or\n\nany order of the Executive Director, the Executive Director shall\n\nhave the authority and powers to proceed as specified in the\n\nAdministrative Procedures Act unless otherwise provided herein.\n\nProvided, however, that provisions of this section for written\n\nnotice, enforcement hearing, and administrative orders shall not be\n\nconditions precedent for the Department to seek action in the\n\ndistrict court as provided by the Oklahoma Pollutant Discharge\n\nElimination System Act or other applicable provisions of law.\n\nB. The Oklahoma Pollutant Discharge Elimination System Act\n\nshall not in any way impair or in any way affect a person's right to\n\nrecover damages for pollution in a court of competent jurisdiction.\n\nAny person having any interest connected with the geographic area or\n\nwaters or water system affected, including but not limited to any\n\naesthetic, recreational, health, environmental, pecuniary or\n\nproperty interest, which interest is or may be adversely affected,\n\nshall have the right to intervene as a party in any administrative\n\nproceeding before the Department, or in any civil proceeding,\n\nrelating to violations of the Oklahoma Pollutant Discharge\n\nElimination System Act or rules, permits or orders issued hereunder.\n\nC. Whenever on the basis of any information available, the\n\nDepartment finds that any person or entity regulated by the\n\nDepartment is in violation of any act, rule, order, permit,\n\ncondition or limitation implementing the Oklahoma Pollutant\n\nDischarge Elimination System Act, or any previously issued discharge\n\npermit, the Executive Director shall issue an order requiring such\n\nperson or entity to comply with such provision or requirement,\n\ncommence appropriate administrative enforcement proceedings, or\n\nbring a civil action. Provided, however, the issuance of a\n\ncompliance order or suspension or revocation of a permit shall not\n\nbe considered a condition precedent to the accrual or imposition of\n\npenalties or fines in any administrative, civil or criminal\n\nproceeding.\n\nD. A copy of any order issued pursuant to this section shall be\n\nsent immediately to the violator. In any case in which an order or\n\nnotice to a violator is issued to a corporation, a copy of such\n\norder shall be served on any appropriate corporate officers.\n\nAny order issued pursuant to this section shall state with\n\nreasonable specificity the nature of the violation, and shall\n\nspecify a time for compliance not to exceed thirty (30) days in the\n\ncase of a violation of an interim compliance schedule or operation\n\nand maintenance requirement and not to exceed a reasonable time in\n\nthe case of a violation of a final deadline, taking into account the\n\nseriousness of the violation and any good faith efforts to comply\n\nwith applicable requirements. Any order or notice issued by the\n\nExecutive Director may be served in any manner allowed by Oklahoma\n\nRules of Civil Procedures applicable to a civil summons.\n\nE. Whenever on the basis of any information available the\n\nExecutive Director finds that any person regulated by the Department\n\nhas violated any of the provisions of the Oklahoma Pollutant\n\nDischarge Elimination System Act, or any permit, rule, order or\n\ncondition or limitation implementing any of such sections, or\n\npreviously issued discharge permit or related order, the Executive\n\nDirector may, after providing notice and opportunity for an\n\nenforcement hearing to the alleged violator, assess an\n\nadministrative fine of not more than Ten Thousand Dollars\n\n($10,000.00) per day of violation, for each day during which the\n\nviolation continues. The total amount of such fine shall not exceed\nof such sections, or\n\npreviously issued discharge permit or related order, the Executive\n\nDirector may, after providing notice and opportunity for an\n\nenforcement hearing to the alleged violator, assess an\n\nadministrative fine of not more than Ten Thousand Dollars\n\n($10,000.00) per day of violation, for each day during which the\n\nviolation continues. The total amount of such fine shall not exceed\n\nOne Hundred Twenty-five Thousand Dollars ($125,000.00) per\n\nviolation. In determining the amount of any penalty assessed under\n\nthis subsection, the Executive Director shall take into account the\n\nnature, circumstances, extent and gravity of the violation, or\n\nviolations, and, with respect to the violator, ability to pay, any\n\nprior history of such violations, the degree of culpability,\n\neconomic benefit savings, if any, resulting from the violation, and\n\nsuch other matters as justice may require. For purposes of this\n\nsubsection, a single operational upset which leads to simultaneous\n\nviolations of more than one pollutant parameter shall be treated as\n\na single violation. Enforcement hearings shall be conducted in\n\naccordance with the procedures set out in the Administrative\n\nProcedures Act.\n\nF. 1. The Executive Director is authorized to commence a civil\n\naction for appropriate relief, including a permanent or temporary\n\ninjunction, for any violation for which he is authorized to issue a\n\ncompliance order under subsection C of this section.\n\n2. Any person who violates any provision of the Oklahoma\n\nPollutant Discharge Elimination System Act, or any permit condition\n\nor limitation implementing any of such provisions in a permit issued\n\nunder the Oklahoma Pollutant Discharge Elimination System Act, or\n\nany requirement imposed in a pretreatment program approved under the\n\nOklahoma Pollutant Discharge Elimination System Act, and any person\n\nwho violates any order issued by the Executive Director under\n\nsubsection C of this section, shall be subject to a civil penalty\n\nnot to exceed Ten Thousand Dollars ($10,000.00) per day for each\n\nviolation. In determining the amount of the civil penalty the court\n\nshall consider the seriousness of the violation or violations, the\n\neconomic benefit, if any, resulting from the violation, any history\n\nof such violations, any good faith efforts to comply with the\n\napplicable requirements, the economic impact of the penalty on the\n\nviolator and such other matters as justice may require. For\n\npurposes of this subsection, a single operational upset which leads\n\nto simultaneous violations of more than one pollutant parameter\n\nshall be treated as a single violation.\n\n3. Any action pursuant to this subsection may be brought in the\n\ndistrict court for the district in which the property or defendant\n\nis located or defendant resides or is doing business, and such court\n\nshall have jurisdiction to restrain such violation and to require\n\ncompliance.\n\n4. The prior revocation of a permit shall not be a condition\n\nprecedent to the filing of a civil action under the Oklahoma\n\nPollutant Discharge Elimination System Act.\n\nG. 1. Any person who:\n\na. negligently violates any provision of the Oklahoma\n\nPollutant Discharge Elimination System Act, or any\n\norder issued by the Executive Director hereunder, or\n\nany permit condition or limitation in a permit issued\n\nor any requirement imposed in a pretreatment program\n\nauthorized pursuant to the Oklahoma Pollutant\n\nDischarge Elimination System Act, or\n\nb. negligently introduces into the waters of the state or\n\na treatment works discharging into the waters of the\n\nstate any pollutant or hazardous substance which such\n\nperson knew or reasonably should have known could\n\ncause personal injury or property damage or, other\n\nthan in compliance with all applicable federal, state\n\nor local requirements or permits, which causes such\n\ntreatment work to violate any effluent limitation or\nthe waters of the state or\n\na treatment works discharging into the waters of the\n\nstate any pollutant or hazardous substance which such\n\nperson knew or reasonably should have known could\n\ncause personal injury or property damage or, other\n\nthan in compliance with all applicable federal, state\n\nor local requirements or permits, which causes such\n\ntreatment work to violate any effluent limitation or\n\ncondition in a permit issued to the treatment works\n\npursuant to the Oklahoma Pollutant Discharge\n\nElimination System Act,\n\nshall, upon conviction, be guilty of a Class D3 felony offense and\n\nshall be punished by a fine of not less than Two Thousand Five\n\nHundred Dollars ($2,500.00) nor more than Twenty-five Thousand\n\nDollars ($25,000.00) per day of violation, or by imprisonment as\n\nprovided for in subsections B through F of Section 20P of Title 21\n\nof the Oklahoma Statutes, or by both such fine and imprisonment. If\n\na conviction of a person is for a violation committed after a first\n\nconviction of such person under this paragraph, punishment shall be\n\na fine of not more than Fifty Thousand Dollars ($50,000.00) per day\n\nof violation, or by imprisonment as provided for in subsections B\n\nthrough F of Section 20P of Title 21 of the Oklahoma Statutes, or by\n\nboth.\n\n2. Any person who:\n\na. knowingly violates any provision of the Oklahoma\n\nPollutant Discharge Elimination System Act, or any\n\norder issued by the Executive Director hereunder, or\n\nany permit condition or limitation in a permit issued\n\nor any requirement imposed in a pretreatment program\n\nauthorized pursuant to the Oklahoma Pollutant\n\nDischarge Elimination System Act, or\n\nb. knowingly introduces into the waters of the state or a\n\ntreatment works discharging into the waters of the\n\nstate any pollutant or hazardous substance which such\n\nperson knew or reasonably should have known could\n\ncause personal injury or property damage or, other\n\nthan in compliance with all applicable federal, state\n\nor local requirements or permits, which causes such\n\ntreatment work to violate any effluent limitation or\n\ncondition in a permit issued to the treatment works\n\nunder the Oklahoma Pollutant Discharge Elimination\n\nSystem Act,\n\nshall, upon conviction, be guilty of a Class D1 felony offense and\n\nshall be punished by a fine of not less than Five Thousand Dollars\n\n($5,000.00) nor more than Fifty Thousand Dollars ($50,000.00) per\n\nday of violation, or by imprisonment as provided for in subsections\n\nB through F of Section 20N of Title 21 of the Oklahoma Statutes, or\n\nby both. If a conviction of a person is for a violation committed\n\nafter a first conviction of such person under this paragraph,\n\npunishment shall be a fine of not more than One Hundred Thousand\n\nDollars ($100,000.00) per day of violation, or by imprisonment as\n\nprovided for in subsections B through F of Section 20N of Title 21\n\nof the Oklahoma Statutes, or by both.\n\n3. a. Any person who knowingly violates any provision of the\n\nOklahoma Pollutant Discharge Elimination System Act,\n\nor any permit condition or limitation in a permit\n\nissued hereunder by the Executive Director, and who\n\nknows at that time that he thereby places another\n\nperson in imminent danger of death or serious bodily\n\ninjury shall, upon conviction, be guilty of a Class C2\n\nfelony offense and shall be subject to a fine of not\n\nmore than Two Hundred Fifty Thousand Dollars\n\n($250,000.00), or imprisonment in the State\n\nPenitentiary for not more than fifteen (15) years, or\n\nboth. A person which is an organization shall, upon\n\nconviction of violating this subparagraph, be subject\n\nto a fine of not more than One Million Dollars\n\n($1,000,000.00). If a conviction of a person is for a\n\nviolation committed after a first conviction of such\n\nperson under this paragraph, the maximum punishment\n\nshall be doubled with respect to both fine and\n\nimprisonment.\nteen (15) years, or\n\nboth. A person which is an organization shall, upon\n\nconviction of violating this subparagraph, be subject\n\nto a fine of not more than One Million Dollars\n\n($1,000,000.00). If a conviction of a person is for a\n\nviolation committed after a first conviction of such\n\nperson under this paragraph, the maximum punishment\n\nshall be doubled with respect to both fine and\n\nimprisonment.\n\nb. For the purpose of subparagraph a of this paragraph:\n\n(1) in determining whether a defendant who is an\n\nindividual knew that his conduct placed another\n\nperson in imminent danger of death or serious\n\nbodily injury, a person shall be responsible only\n\nfor actual awareness or actual belief that he\n\npossessed, and knowledge possessed by a person\n\nother than the defendant but not by the defendant\n\nhimself may not be attributed to the defendant;\n\nprovided however that in proving the defendant's\n\npossession of actual knowledge, circumstantial\n\nevidence may be used, including evidence that the\n\ndefendant took affirmative steps to shield\n\nhimself from relevant information,\n\n(2) it is an affirmative defense to prosecution under\n\nthis subsection that the conduct charged was\n\nconsented to by the person endangered and that\n\nthe danger and conduct charged were reasonably\n\nforeseeable hazards of an occupation, business,\n\nprofession or of a medical treatment or medical\n\nor scientific experimentation conducted by\n\nprofessionally approved methods and such other\n\nperson had been made aware of the risks involved\n\nprior to giving consent, and such defense may be\n\nestablished under this subparagraph by a\n\npreponderance of the evidence.\n\n4. Any person who knowingly makes any false material statement,\n\nrepresentation, or certification in any application, record, report,\n\nplan, or other document filed or required to be maintained under the\n\nOklahoma Pollutant Discharge Elimination System Act or who knowingly\n\nfalsifies, tampers with, or renders inaccurate any monitoring device\n\nor method required to be maintained under the Oklahoma Pollutant\n\nDischarge Elimination System Act shall, upon conviction, be guilty\n\nof a Class D1 felony offense and shall be punished by a fine of not\n\nmore than Ten Thousand Dollars ($10,000.00), or by imprisonment as\n\nprovided for in subsections B through F of Section 20N of Title 21\n\nof the Oklahoma Statutes. If a conviction of a person is for a\n\nviolation committed after a first conviction of such person under\n\nthis paragraph, punishment shall be by a fine of not more than\n\nTwenty Thousand Dollars ($20,000.00) per day of violation, or by\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, or by both.\n\n5. For purposes of this subsection, a single operational upset\n\nwhich leads to simultaneous violations of more than one pollutant\n\nparameter shall be treated as a single violation.\n\nH. Whenever, on the basis of information available to him, the\n\nDepartment finds that an owner or operator of any source is\n\nintroducing a pollutant into a treatment works in violation of the\n\nOklahoma Pollutant Discharge Elimination System Act or any\n\nrequirement, rule, permit or order issued under the Oklahoma\n\nPollutant Discharge Elimination System Act, the Department shall\n\nnotify the owner or operator of such treatment works of such\n\nviolation. If the owner or operator of the treatment works does not\n\ncommence appropriate enforcement action within thirty (30) days of\n\nthe date of such notification, the Department may commence a civil\n\naction for appropriate relief, including but not limited to a\n\npermanent or temporary injunction, against the owner or operator of\n\nsuch treatment works. In any such civil action the Department shall\n\njoin the owner or operator of such source as a party to the action.\nence appropriate enforcement action within thirty (30) days of\n\nthe date of such notification, the Department may commence a civil\n\naction for appropriate relief, including but not limited to a\n\npermanent or temporary injunction, against the owner or operator of\n\nsuch treatment works. In any such civil action the Department shall\n\njoin the owner or operator of such source as a party to the action.\n\nSuch action shall be brought in the district court in the county in\n\nwhich the treatment works is located. Such court shall have\n\njurisdiction to restrain such violation and to require the owner or\n\noperator of the treatment works and the owner or operator of the\n\nsource to take such action as may be necessary to come into\n\ncompliance with the Oklahoma Pollutant Discharge Elimination System\n\nAct. Nothing in this subsection shall be construed to limit or\n\nprohibit any other authority the Department may have under this\n\nsection.\n\nI. 1. Any person against whom an administrative compliance or\n\npenalty order is issued under this section may obtain review of such\n\norder by filing a petition for review in district court pursuant to\n\nthe Administrative Procedures Act. Such court shall not set aside\n\nor remand such order unless there is not substantial evidence in the\n\nadministrative record, taken as a whole, to support the finding of a\n\nviolation or unless the assessment of the penalty constitutes an\n\nabuse of discretion and shall not impose additional civil penalties\n\nfor the same violation unless the assessment of the penalty\n\nconstitutes an abuse of discretion. No stay of an administrative\n\npenalty order shall be granted until the amount of penalty assessed\n\nhas been deposited with the reviewing district court pending\n\nresolution of the petition for review.\n\n2. If any person fails to pay an assessment of an\n\nadministrative penalty:\n\na. after the order making the assessment has become\n\nfinal, or\n\nb. after a court in an action brought under paragraph 1\n\nof this subsection has entered a final judgment in\n\nfavor of the Department, as the case may be,\n\nthe Department may commence or may request the Attorney General to\n\nbring a civil action in an appropriate district court to recover the\n\namount assessed plus interest at currently prevailing rates from the\n\ndate of the final order or the date of the final judgment, as the\n\ncase may be. In such an action, the validity, amount, and\n\nappropriateness of such penalty shall not be subject to review.\n\n3. Any person who fails to pay on a timely basis the amount of\n\nan assessment of an administrative or civil penalty shall be\n\nrequired to pay, in addition to such amount and interest, attorneys\n\nfees and costs for collection proceeding and quarterly nonpayment\n\npenalty for each quarter during which such failure to pay persists.\n\nSuch nonpayment penalty shall be in an amount equal to twenty\n\npercent (20%) of the aggregate amount of such person's penalties and\n\nnonpayment penalties which are unpaid as of the beginning of such\n\nquarter.","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":"5480a710fbb7b1c49b25ad6b9221e475424bdaa67ab5c6ee7152ce276fdef2bb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-6-205","next":"us-ok/okla.-stat.-tit.-27a-27a-2-6-301"},"notice":"GroundRules: Original legal text. Not legal advice."}