Okla. Admin. Code § 785:35-1-4
Current through Vol. 42, No. 4, November 1, 2024
Section 785:35-1-4 - Violations and penalties(a)Misdemeanor violations. Any person who, after notice from the Board violates or refuses or neglects to comply with any provision of 82 0.S. 1991, §§1020.1 through 1020.22, as amended and the rules of this Chapter, or who commits waste shall be guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense. Any person who, after notice that he is in violation thereof continues to violate any provision of this act, and fails to comply therewith within a reasonable length of time, is guilty of a separate offense for each day the violation continues. (b)Administrative penalties.The Board may, after notice and hearing, impose on any person administrative penalties of up to Five Thousand Dollars ($5000.00) and may revoke, suspend or deny renewal of any license or operator certification for each violation of the rules regarding license or certification requirements, the requirement to obtain a license or certification, or minimum construction or installation standards. Each day a violation continues shall constitute a separate violation. Such administrative penalties shall be deposited in the Well Drillers and Pump Installers Remedial Action Indemnity Fund except as otherwise provided in785:35-1-5(c). [82:1020.16(E)] (1)Notice of violation and proposed assessment. In addition to revoking, suspending or not renewing a license or operator certification, the Board may impose administrative penalties against drillers or operators who fail, refuse or neglect to comply with rules or orders of the Board. Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties. The notice of the proposed assessment of administrative penalties shall inform the respondent of the provisions of the Board rules or order at issue and the proposed amount of the penalty. A letter, citation, petition, notice of violation, consent order or final order may constitute a notice of proposed assessment for purposes of initiating administrative penalty proceedings if it meets the requirements of this section.(2)Administrative fine schedule. The schedule of fines in this Section is based on violation of requirements common to the rules promulgated under authority of the 82 O.S. Section 1085.2; Oklahoma Groundwater Law in 82 O.S. Section 1020.1 and following, particularly Section 1020.16 on well driller and pump installer licensing. The fine schedule for citations issued by the Board for violations of the following requirements is: (A) Engaged in commercial activity without a license. (ii) Second or subsequent - up to $5,000.00.(B) Engaged in commercial activity without an operator's certification. (ii) Second or subsequent - up to $5,000.00.(C) Failure to have present a certified operator at the drilling, plugging or pump installation site. (ii) Second or subsequent up to $5,000.00.(D) Failure to have rig used in drilling or pump installation properly identified (ii) Second or subsequent up to $5,000.00.(E) Failure to submit a multi-purpose completion report form or electronic version (ii) Second or subsequent $500.00.(F) Violation of groundwater well, fresh water observation well and water well test holes minimum standard (ii) Second or subsequent up to $5,000.00.(G) Violation of heat exchange well minimum standard (ii) Second or subsequent up to $5,000.00.(H) Violation of monitoring well and geotechnical boring minimum standard (ii) Second or subsequent up to $5,000.00.(I) Violation of pump installation minimum standard. (ii) Second or subsequent up to $5,000.00.(J) Violation of minimum standard for plugging and capping wells and test holes. (ii) Second or subsequent up to $5,000.00.(K) Violation of minimum standard for plugging site assessment observation well, monitoring well and geotechnical borings. (ii) Second or subsequent up to $5,000.00.(3)Administrative Citations(A) Issuance of a citation. A citation which is issued to a person for violation of one or more of the compliance requirements provided in Section 785:35-1-4(b)(2) shall advise the person of the hearing date at which the person may contest the issuance of the citation and/or the amount of the fine. Such hearings shall be conducted in compliance with the Oklahoma Administrative Procedures Act and the Oklahoma Open Meetings Act.(B) Orders following hearing. A final order may uphold the citation as issued, reduce the amount of the fine or dismiss the action. A default order may be issued if the person cited has been advised in writing of the hearing date and fails to appear. The fine is due and payable immediately upon issuance of the order unless otherwise provided therein. A final order is appealable to the district court in accordance with the Oklahoma Administrative Procedures Act.(4)Payment of fines. A person who is ordered to pay a fine shall submit the fine to the Oklahoma Water Resources Board, 3800 North Classen Boulevard, Oklahoma City, Oklahoma 73118. A person who decides not to contest the issuance of the citation shall submit payment of the fine to the same address on or before the hearing date indicated on the citation.Okla. Admin. Code § 785:35-1-4
Amended at 11 Ok Reg 2947, eff 6-13-94; Amended at 20 Ok Reg 2608, eff 7-11-03; Amended at 26 Ok Reg 1713, eff 6-11-09; Amended at 28 Ok Reg 987, eff 7-1-11Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023