Oklahoma § 17-311 - Fines - Criminal violations

§ 17-311. Fines - Criminal violations

A. Any person who has been determined by the Corporation

Commission to have violated any provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act or any rule promulgated or order

issued pursuant to the provisions of the Oklahoma Petroleum Storage

Tank Consolidation Act shall be liable for a fine of not more than

Ten Thousand Dollars ($10,000.00) for each day that said violation

continues.

B. 1. The amount of the fine shall be assessed by the

Commission pursuant to the provisions of subsection A of this

section, after notice and hearing. In determining the amount of the

fine, the Commission shall include but not be limited to

consideration of the nature, circumstances and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to do business, and any show of good faith in

attempting to achieve compliance with the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act.

Oklahoma Statutes - Title 17. Corporation Commission

2. All fines collected pursuant to the provisions of this

subsection shall be deposited in the Corporation Commission Storage

Tank Revolving Fund.

C. The payment, in full, of any fine, assessed pursuant to an

administrative order, the completion of any corrective action taken

for a release pursuant to an administrative order, and the otherwise

compliance with an administrative order issued by the Commission

pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act

for a release shall be full and complete satisfaction of the

violation for which the administrative order was issued and shall

preclude the assessment of any other administrative, civil or

criminal penalty for the same known violation by any other agency of

this state.

D. Any person who willfully and knowingly violates any

provision of the Oklahoma Petroleum Storage Tank Consolidation Act

or a rule, promulgated or order issued pursuant to the provisions of

the Oklahoma Petroleum Storage Tank Consolidation Act, upon

conviction, shall be guilty of a misdemeanor and may be subject for

each offense to a fine of not more than Five Thousand Dollars

($5,000.00) or imprisonment for a term not to exceed one (1) year or

both such fine and imprisonment. Each day of violation pursuant to

this subsection shall constitute a separate violation.

E. Any person who willfully and knowingly makes any false

statement, representation or certification in any application,

record, report, plan or other document filed or required to be

filed, or required to be maintained pursuant to the Oklahoma

Petroleum Storage Tank Consolidation Act or rules promulgated

pursuant to this act, or who falsifies, tampers with or knowingly

renders inaccurate any monitoring device or method required to be

maintained pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act or rules promulgated pursuant to the program shall

be deemed guilty of a misdemeanor and, upon conviction, may be

punished by a fine of not more than Five Thousand Dollars

($5,000.00) or by imprisonment for not more than six (6) months, or

by both such fine and imprisonment. Each day of violation pursuant

to this subsection shall constitute a separate violation.

Added by Laws 1989, c. 90, § 11, emerg. eff. April 21, 1989.

Amended by Laws 1998, c. 375, § 18, emerg. eff. June 9, 1998; Laws

2005, c. 435, § 8, eff. Nov. 1, 2005; Laws 2018, c. 27, § 13, eff.

Nov. 1, 2018; Laws 2019, c. 82, § 7, eff. July 1, 2019.