Okla. Admin. Code § 460:25-17-6.5

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

Section 460:25-17-6.5 - Assessment of separate violations for each day

(a) The Department may assess separately a civil penalty or each day from the date of the issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the Department shall consider the factors listed in Section 460:25-17-6.1 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for 2 or more days and which is assigned more than 70 points under Section 460:25-17-6.3, the Department shall assess a penalty for a minimum of 2 separate days.

(b) In addition to the civil penalty provided for in (a) of this Section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended, a civil penalty of not less $750.00 shall be assessed for each day during which such failure to abate continues, except that:

(1) The entry of a final order by the Department after an expedited hearing which ordered the suspension of the abatement requirements of the citation because it was determined that the person will suffer irreparable loss or damage from the application of the abatement requirements; or

(2) The entry of an order by the court in any review proceedings initiated by the person in which the court orders the suspension of the abatement requirements.

Okla. Admin. Code § 460:25-17-6.5

Added at 18 Ok Reg 3221, eff 7-26-01