{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-7-126","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-7-126","heading":"Orders","body":"In addition to any other remedies provided in the Oklahoma\n\nHazardous Waste Management Act, the Department of Environmental\n\nQuality may issue a written order to any person whom the Department\n\nhas reason to believe has violated or is presently in violation of\n\nthe Oklahoma Hazardous Waste Management Act, or any rule promulgated\n\nthereunder.\n\n1. Such order may require compliance with the Oklahoma\n\nHazardous Waste Management Act or such rule immediately or within a\n\nspecified time period or both. Such order may also assess an\n\nadministrative penalty for any past or current violation of the\n\nOklahoma Hazardous Waste Management Act or the rules and for each\n\nday or part of a day that such person fails to comply with such\n\norder.\n\na. Any order issued pursuant to this section shall state\n\nwith specificity the nature of the violation or\n\nviolations.\n\nb. Any penalty assessed in the order shall not exceed\n\nTwenty-five Thousand Dollars ($25,000.00) per day of\n\nnoncompliance for each violation of the Oklahoma\n\nHazardous Waste Management Act, the rules or the\n\norder. In assessing such penalties, the Executive\n\nDirector shall consider the seriousness of the\n\nviolation or violations and any good faith efforts to\n\ncomply with applicable requirements.\n\n2. 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 an\n\nadministrative enforcement hearing. Upon such request the\n\nDepartment shall promptly provide for the hearing. The Department\n\nshall dismiss such proceedings where past and current compliance\n\nwith the Oklahoma Hazardous Waste Management Act, the rules and the\n\norder is demonstrated.\n\na. Orders and hearings are subject to the Administrative\n\nProcedures Act.\n\nb. A final order following an enforcement hearing may\n\nassess an administrative penalty of an amount based\n\nupon consideration of the evidence but not exceeding\n\nthe amount stated in the written order.\n\nc. The Department may adopt procedural rules as necessary\n\nand appropriate to implement the provisions of this\n\nsection.\n\n3. Any order issued pursuant to the Oklahoma Hazardous Waste\n\nManagement Act may require that corrective action be taken beyond\n\nthe hazardous waste facility boundary where necessary to protect\n\nhuman health and the environment, unless the owner or operator of\n\nthe facility demonstrates that, despite the owner's or operator's\n\nbest efforts, the owner or operator is unable to obtain the\n\nnecessary permission to undertake such action.","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":"911246c01aa6fbfa815d4e1d26b8e787f0ce50b666c6da4914fc745b46b8f470","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-7-125","next":"us-ok/okla.-stat.-tit.-27a-27a-2-7-127"},"notice":"GroundRules: Original legal text. Not legal advice."}
