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 Oklahoma Administrative Code (Last Updated: March 11, 2021)
 TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry
 Chapter 3. Fine Matrices
 Subchapter 1. Fine Schedules
 Part 17. AGRICULTURAL ENVIRONMENTAL MANAGEMENT VIOLATIONS

SECTION 35:3-1-30. Violations of the Oklahoma Concentrated Animal Feeding Operations Act  

Latest version.
  • (a)   Licensing violations:
    (1)   Failure to obtain a Concentrated Animal Feeding Operations license pursuant to 2 O.S. § 20-6.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (2)   Failure to properly design or construct a waste retention structure pursuant to 2 O.S. § 20-1 et seq.:
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (3)   Failure to renew license by deadline pursuant to 2 O.S. § 20-7.
    (A)   First violation - $100 to $500
    (B)   Second violation - $250 to $750
    (C)   Subsequent violations - $1,000 to $5,000
    (4)   Failure to submit or complete a transfer application in a timely manner pursuant to 2 O.S. § 20-7.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (5)   Failure to obtain presite approval prior to construction pursuant to 2 O.S. § 20-9.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (b)   Operating violations:
    (1)   Failure to obtain required education for licensed managed feeding operations pursuant to 2 O.S. § 20-7.
    (A)   First violation - $100 to $500
    (B)   Second violation - $250 to $750
    (C)   Subsequent violations - $750 to $1,500
    (2)   Failure to comply with Pollution Prevention Plan requirements, obtain approval for amendment to PPP that impacts the potential to discharge, or failure to amend PPP pursuant to 2 O.S. § 20-9.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (3)   Failure to maintain records pursuant to 2 O.S. § 20-1 et seq.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (4)   Failure to comply with Best Management Practices pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (5)   Failure to prevent a discharge to waters of the state pursuant to 2 O.S. § 20-10.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (6)   Failure to notify the Department of a discharge to waters of the state pursuant to 2 O.S. § 20-10.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (7)   Failure to provide written report of a discharge or failure to sample a discharge pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (8)   Failure to comply with the Animal Waste Management Plan pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (9)   Failure of a licensed managed feeding operation to provide the recipient of animal waste with a current sample analysis or to notify them of animal waste and land application requirements of the concentrated animal feeding operations act pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (10)   Failure to perform sampling of water, animal waste, effluent, or soils pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (11)   Failure to develop, revise, or adhere to a carcass disposal plan pursuant to 2 O.S. § 20-10.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (12)   Failure of a licensed managed feeding operation to develop, revise, or adhere to an Odor Abatement Plan pursuant to 2 O.S § 20-11.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (13)   Failure to maintain no hydrologic connection pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (14)   Failure to install or maintain monitoring wells or leak detection system pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (15)   Failure to maintain the liner to inhibit infiltration of wastewaters pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (16)   Failure to perform a required site evaluation on the waste retention structure pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (17)   Failure to report suspected leakage of a waste retention structure to the Department pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (18)   Disposing of any materials other than animal waste into the waste retention structure pursuant to 2 O.S. § 20-12.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violation - $5,000 to $10,000
    (19)   Failure to comply with any land application setback pursuant to 2 O.S. § 20-19.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (20)   Failure to install or maintain an antipollution device or complete disconnect on land application equipment pursuant to 2 O.S. § 20-13.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $10,000
    (C)   Subsequent violations - $10,000
    (21)   Failure of a poultry laying operation to immediately comply with an emergency order by the Board regarding land application pursuant to 2 O.S. § 20-27.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (c)   Miscellaneous violations:
    (1)   Making a false statement, representation, or certification in, omitting material data from, or tampering with any application for a license or notice relating to the determination of affected property owners pursuant to 2 O.S. § 20-7.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (2)   Interference with an authorized agent of the Board in the conducting of official duties pursuant to 2 O.S. § 20-14.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (3)   Failure to pay any required fee or the cost of sampling monitoring wells pursuant to 2 O.S. §§ 20-12 or 20-16.
    (A)   First violation - $100 to $500 or twice the cost of the required fee or cost, whichever is larger.
    (B)   Second violation - $250 to $750 or twice the cost of the required fee or cost, whichever is larger.
    (C)   Subsequent violations - $1,000 to $5,000 or twice the cost of the required fee or cost, whichever is larger.
    (4)   Failure to comply with any other law or rule pursuant to the Oklahoma Concentrated Animal Feeding Operations Act.
    (A)   First violation - $500 to $5,000
    (B)   Second violation - $2,500 to $7,500
    (C)   Subsequent violations - $5,000 to $10,000
    (5)   Failure to take reasonable and necessary action to avoid pollution of any stream, lake, river, or creek pursuant to 2 O.S. § 20-26.
    (A)   First violation - $5,000 to $10,000
    (B)   Second violation - $7,500 to $10,000
    (C)   Subsequent violations - $10,000
    (6)   Failure to comply with surety requirements pursuant to 2 O.S. § 20-17.
    (A)   First violation - $1,000 to $5,000
    (B)   Second violation - $2,500 to $10,000
    (C)   Subsequent violations - $10,000
    (d)   Each day a violation is committed or continues is deemed to be a separate offense.
    (e)   In no event shall this fine matrix limit the imposition of a different penalty when circumstances require.
[Source: Added at 23 Ok Reg 2141, eff 6-25-06]