Okla. Admin. Code § 460:25-17-6

Current through Vol. 42, No. 8, January 2, 2025

Section 460:25-17-6 - Violator enforcement

(a) Any person who violates any permit condition or any other provision of the Oklahoma Explosives and Blasting Regulation Act or this Chapter may be assessed an administrative penalty by the Department. The penalty assessment will be as follows:

(1) Such penalty shall not exceed Five Thousand Dollars ($5,000.00) for each violation.

(2) Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.

(b) In determining the amount of the penalty, consideration shall be given to the following:

(1) The person's history of previous violations regarding explosives and blasting operations;

(2) The seriousness of the violation, including harm to the environment and any hazard to the health or safety of the public;

(3) Whether the person was negligent; and

(4) Whether the person demonstrated good faith in attempting to achieve rapid compliance after notification of the violation.

Okla. Admin. Code § 460:25-17-6

Added at 13 Ok Reg 1111, eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff 8-26-96