{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-769","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-769","heading":"Civil penalties","body":"A. In the enforcement of a state program pursuant to this act\n\nany operator who violates any permit condition or who violates any\n\nother provision of this act may be assessed a civil penalty by the\n\nDepartment except that if such violation leads to the issuance of a\n\ncessation order under this act, the civil penalty shall be assessed.\n\nSuch penalty shall not exceed Five Thousand Dollars ($5,000.00) for\n\neach violation. Each day of continuing violation may be deemed a\n\nseparate violation for purposes of penalty assessments. In\n\ndetermining the amount of the penalty, consideration shall be given\n\nto the operator's history of previous violations at the particular\n\nsurface coal mining operation; the seriousness of the violation,\n\nincluding any irreparable harm to the environment and any hazard to\n\nthe health or safety of the public; whether the permittee was\n\nnegligent; and the demonstrated good faith of the permittee charged\n\nin attempting to achieve rapid compliance after notification of the\n\nviolation.\n\nB. A civil penalty shall be assessed by the Department only\n\nafter the person charged with a violation described under subsection\n\nA of this section has been given an opportunity for a public\n\nhearing. Where such a public hearing has been held, the Chief Mine\n\nInspector shall make findings of fact, and he shall issue a written\n\ndecision as to the occurrence of the violation and the amount of the\n\npenalty which is warranted, incorporating, when appropriate, an\n\norder therein requiring that the penalty be paid. When appropriate,\n\nthe Chief Mine Inspector shall consolidate such hearings with other\n\nproceedings under this act. Any hearing under this section shall be\n\nof record. Where the person charged with such a violation fails to\n\navail himself of the opportunity for a public hearing, a civil\n\npenalty shall be assessed by the Chief Mine Inspector after the\n\nChief Mine Inspector has determined that a violation did occur, and\n\nthe amount of the penalty which is warranted, and has issued an\n\norder requiring that the penalty be paid.\n\nC. Upon the issuance of a notice or order charging that a\n\nviolation of this act has occurred, the Department shall inform the\n\noperator within thirty (30) days of the proposed amount of said\n\npenalty. The person charged with the penalty shall then have thirty\n\n(30) days to pay the proposed penalty in full or, if the person\n\nwishes to contest either the amount of the penalty or the fact of\n\nthe violation, forward the proposed amount to the Department for\n\nplacement in an escrow account. If through administrative or\n\njudicial review of the proposed penalty, it is determined that no\n\nviolation occurred, or that the amount of the penalty should be\n\nreduced, the Department shall within thirty (30) days remit the\n\nappropriate amount to the person, with interest at the rate of six\n\npercent (6%), or at the prevailing United States Department of the\n\nTreasury rate, whichever is greater. Failure to forward the money\n\nto the Department within thirty (30) days shall result in a waiver\n\nof all legal rights to contest the violation or the amount of the\n\npenalty.\n\nD. Civil penalties owed under this act may be recovered in a\n\ncivil action brought by the Attorney General at the request of the\n\nChief Mine Inspector in any appropriate district court.\n\nE. Any person who willfully and knowingly violates a condition\n\nof a permit issued pursuant to this act or fails or refuses to\n\ncomply with any order issued under this act, or any order\n\nincorporated in a final decision issued by the Chief Mine Inspector\n\nunder this act except an order incorporated in a decision issued\n\nunder subsection B of this section, shall, upon conviction, be\n\npunished by a fine of not more than Ten Thousand Dollars\n\n($10,000.00) or by imprisonment for not more than one (1) year, or\n\nboth.\n\nF. Whenever a corporate permittee violates a condition of a\ny order\n\nincorporated in a final decision issued by the Chief Mine Inspector\n\nunder this act except an order incorporated in a decision issued\n\nunder subsection B of this section, shall, upon conviction, be\n\npunished by a fine of not more than Ten Thousand Dollars\n\n($10,000.00) or by imprisonment for not more than one (1) year, or\n\nboth.\n\nF. Whenever a corporate permittee violates a condition of a\n\npermit issued pursuant to this act or fails or refuses to comply\n\nwith any order issued under this act, or any order incorporated in a\n\nfinal decision issued by the Chief Mine Inspector under this act\n\nexcept an order incorporated in a decision issued under subsection B\n\nof this section, any director, officer or agent of such corporation\n\nwho willfully and knowingly authorized, ordered or carried out such\n\nviolation, failure or refusal shall be subject to the same civil\n\npenalties, fines and imprisonment that may be imposed upon a person\n\nunder subsections A and E of this section.\n\nG. Whoever knowingly makes any false statement, representation\n\nor certification, or knowingly fails to make any statement,\n\nrepresentation or certification in any application, record, report,\n\nplan or other document filed or required to be maintained pursuant\n\nto this act or any order of decision issued by the Department under\n\nthis act, shall, upon conviction, be punished by a fine of not more\n\nthan Ten Thousand Dollars ($10,000.00) or by imprisonment for not\n\nmore than one (1) year, or both.\n\nH. Any operator who fails to correct a violation for which a\n\ncitation has been issued within the period permitted for its\n\ncorrection shall be assessed a civil penalty of not less than Seven\n\nHundred Fifty Dollars ($750.00) for each day during which such\n\nfailure or violation continues.\n\nThe period permitted for corrections of violations shall not end\n\nuntil:\n\n1. The entry of a final order by the Department after an\n\nexpedited hearing, as provided by Section 53 of this act, which\n\nordered the suspension of the abatement requirements of the citation\n\nbecause it was determined that the operator will suffer irreparable\n\nloss or damage from the application of the abatement requirements;\n\nor\n\n2. The entry of an order by a court in any review proceedings\n\ninitiated by the operator in which the court orders the suspension\n\nof the abatement requirements.\n\nI. Any person who shall, except as permitted by law, willfully\n\nresist, prevent, impede or interfere with the Chief Mine Inspector\n\nor any of the agents or employees of the Department in the\n\nperformance of duties pursuant to this act shall, upon conviction,\n\nbe punished by a fine of not more than Five Thousand Dollars\n\n($5,000.00), or by imprisonment for not more than one (1) year, or\n\nboth.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f1eeea45fe2036a20eb673100a53bd5f9542be154df5592dc24629f23a21cacf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-768","next":"us-ok/okla.-stat.-tit.-45-45-770"},"notice":"GroundRules: Original legal text. Not legal advice."}