Okla. Stat. tit. 2 § 10-9.11

Current through Laws 2024, c. 378.

Section 10-9.11 - [Effective 90 days after the end of the 2024 legislative session] Violations - Criminal and administrative penalties - Injunctions

1. Any person violating the provisions of the Oklahoma Registered Poultry Feeding Operations Act shall, upon conviction, be guilty of a misdemeanor and may be punished by a fine not to exceed One Thousand Dollars ($1,000.00).

2. Any owner or operator who fails to take such action as may be reasonable and necessary to avoid pollution of any stream, lake, river, or creek, except as otherwise provided by law, or who violates any rule adopted by the State Board of Agriculture to prevent water pollution from poultry feeding operations pursuant to this act shall, upon conviction, be guilty of a misdemeanor punishable for each violation by a fine not less than Five Hundred Dollars ($500.00) nor more than Ten Thousand Dollars ($10,000.00), imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

3. The Attorney General or the district attorney of the appropriate district court of this state may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of the Oklahoma Registered Poultry Feeding Operations Act or any rule promulgated thereunder.

1. In addition to the criminal penalties specified by this section, the Oklahoma Department of Agriculture, Food, and Forestry may take one or more of the following actions:

a. assess an administrative penalty pursuant to Section 2-18 of this title for each day of noncompliance related to administrative violations including but not limited to late filing of paperwork or incomplete paperwork,

b. assess an administrative penalty of Ten Thousand Dollars ($10,000.00) for each day of noncompliance with provisions of the user's nutrient management plan that has led to pollution of any stream, lake, river, or creek, or

c. bring an action for injunctive relief granted by a district court.

2. A district court may grant injunctive relief to prevent a violation of, or to compel compliance with, any of the provisions of the Oklahoma Registered Poultry Feeding Operations Act or any rule promulgated thereunder or order, registrations, and certificates issued pursuant to the Oklahoma Registered Poultry Feeding Operations Act.

3. Nothing in this section shall preclude the Department from seeking penalties in district court in the maximum amount allowed by law. The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum criminal penalties for violations of the Oklahoma Registered Poultry Feeding Operations Act.

4. Any person assessed an administrative penalty may be required to pay, in addition to such penalty amount and interest thereon, attorney fees and costs associated with the collection of such penalties.

5. Any administrative penalty required to be paid pursuant to the provisions of this subsection shall be used to fund enforcement of the Oklahoma Registered Poultry Feeding Operations Act.

1. Any action for injunctive relief to redress or restrain a violation by any person of the Oklahoma Registered Poultry Feeding Operations Act, or for any rule promulgated thereunder, or order issued pursuant thereto, or recovery of any administrative penalty assessed pursuant to the Oklahoma Registered Poultry Feeding Operations Act may be brought by:

a. the district attorney of the appropriate district court of this state,

b. the Attorney General on behalf of this state, or

c. the Department on behalf of this state.

2. The court shall have jurisdiction to determine the action, and to grant the necessary or appropriate relief, including, but not limited to, mandatory or prohibitive injunctive relief.

3. It shall be the duty of the Attorney General and district attorney if requested by the Commissioner of Agriculture to bring such actions.

D. Except as otherwise provided by law, administrative and civil penalties shall be paid into the Agriculture Regulation Revolving Fund.

E. For the purposes of the Oklahoma Registered Poultry Feeding Operations Act, each day upon which a violation is committed or is permitted to continue shall be deemed a separate offense.

1. Any contract poultry grower determined after notice and opportunity for a hearing by the Department as flagrantly disregarding Best Management Practices shall result in the Department notifying the integrator in writing. Notice provided to the integrator shall detail any remediation, education, or other measures the grower is required to take to prevent the furtherance of the violation and to prevent future violations. Upon receipt of such notice, the integrator shall respond, as prescribed by the Department, that a producer has received the notice and will work with the grower to ensure compliance is achieved within thirty (30) days. If the grower fails to achieve compliance of the terms of the notice within thirty (30) days, the integrator shall submit correspondence to the Department detailing additional measures to assist the grower to achieve compliance. If the Department does not approve these additional measures or if they are approved and are not achieved within the timeline approved by the Department, the integrator shall issue a notice of suspension-of-delivery of birds to the grower within thirty (30) days, or give ninety (90) days' notice of termination of the integrator-producer relationship to the producer within thirty (30) days.

2. The Department may extend the time periods for compliance pursuant to this subsection upon the request of an integrator. An integrator who fails to comply with the provisions of this subsection shall be assessed an administrative penalty pursuant to Section 2-18 of this title.

3. Nothing provided in response to or in association with a notice given pursuant to this subsection may be used as evidence to establish an employer-employee relationship between a grower and the integrator with whom the grower contracts.

G. The Department shall notify all integrators of any violations assessed against an operator who is under a contract growing arrangement with that integrator and, upon the written request of the integrator, notify that integrator of all violations assessed against an operator with whom the integrator contemplates entering into a contract.

H. In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation or certification form, notice or report, or who knowingly renders inaccurate any monitoring device or method required to be maintained by any rule promulgated by the State Board of Agriculture, shall, upon conviction, be guilty of a misdemeanor and may be subject to a fine not more than Five Thousand Dollars ($5,000.00) for each such violation.

I. Land application of poultry litter in compliance with a current Nutrient Management Plan shall not be the basis for criminal or civil liability in this state, whether relating to that single plan, or aggregated with the application of poultry waste pursuant to other Nutrient Management Plans. An administrative violation shall not be the basis for a criminal or civil action, nor shall any alleged violation be the basis for any private right of action, nor any action other than enforcement of the terms of the Nutrient Management Plan and other sections of this title by the Oklahoma Department of Agriculture, Food, and Forestry. A current plan means a plan approved by the Oklahoma Department of Agriculture, Food, and Forestry that has not been revoked or rescinded by the state or suspended by a more recent plan.

1. The provisions of this subsection shall apply both directly and vicariously to the integrator with whom a contract poultry grower contracts, and to any poultry grower, operator, contractor of, or employee for a certified poultry waste applicator or a poultry waste owner's agent, as long as the land application is performed pursuant to and in compliance with the current Nutrient Management Plan.

2. Compliance with a current Nutrient Management Plan, as determined by the Oklahoma Department of Agriculture, Food, and Forestry, shall create a presumption that no violation of this section has occurred and shall insulate the poultry grower, integrator, and waste applicator from any private right of action and shall constitute express authority for purposes of Section 4 of Title 50 of the Oklahoma Statutes.

3. Nothing in this subsection shall be construed to restrict the Oklahoma Department of Agriculture, Food, and Forestry's exclusive authority from enforcing the terms of Nutrient Management Plans or the Department's authority to enforce the Oklahoma Registered Poultry Feeding Operations Act and the Oklahoma Poultry Waste Applicators Certification Act.

4. Nothing in this subsection shall be construed to prohibit a civil action as otherwise provided by law for any damages caused by a violation of a Nutrient Management Plan. A civil action shall only be filed upon the completion of an enforcement action by the State Board of Agriculture.

Okla. Stat. tit. 2, § 10-9.11

Amended by Laws 2024, c. 372,s. 3, eff. 90 days after the end of the 2024 legislative session.

Amended by Laws 2015 , c. 313, s. 9, eff. 7/1/2015.

Laws 1998 , SB 1170, c. 232, § 11, emerg. eff. 7/1/1998.

This section is set out more than once due to postponed, multiple, or conflicting amendments.