SECTION 252:4-9-4. Assessment orders

(a)   Issuance of assessment order. Any time the DEQ believes the Order has been violated, the Executive Director may issue an order assessing an administrative penalty pursuant to 27A O.S. § 2-3-502. In determining an appropriate administrative penalty, the Executive Director may consider Respondent's efforts to comply after being served with the Order.

(b)   Content of assessment orders. An assessment order must state the nature and period of the violation and must determine the amount of the fine. The fine is due and payable immediately upon issuance of the assessment order, unless a hearing is requested within seven (7) days. See also 27A O.S. § 2-3-502.

(c)   Continuing violations. If the DEQ believes that violations of the administrative compliance or penalty order continue after the issuance of an assessment order, the Executive Director may issue additional assessment orders covering periods of violation since the period covered by the issuance of a previous assessment order.

[Source: Added at 18 Ok Reg 1922, eff 6-11-01]