§ 82-110.10 — Failure, neglect or refusal to comply with act - Orders

Oklahoma § 82-110.10

• Jurisdiction: Oklahoma
• Title 82: Waters And Water Rights

Text

- Penalties - Judicial relief. A. When an owner fails, neglects or refuses to comply with this act, rules promulgated pursuant to this act, or orders of the Oklahoma Water Resources Board, and there is no imminent peril to the public health or welfare shown, the Board may, after notice and opportunity for hearing, issue an order requiring such owner to take whatever action the Board deems necessary to place the dam in a safe condition, meet the requirements of this act, rules of the Board, or the previous orders of the Board. Such action may include but is not limited to lowering the level of or removing all water in the reservoir, providing an adequate warning to the public downstream, repair or modification of the existing dam after having the appropriate application for approval of plans and specifications granted, cease all construction work on a dam, and implementation of an appropriate operation and maintenance plan. B. When an owner fails, neglects or refuses to comply with this act, rules promulgated pursuant to this act, or orders of the Board, and there is an imminent peril to the public health or welfare shown, the Executive Director of the Board, or Assistant Director in the absence of the Executive Director, may, without notice or opportunity for hearing, issue an emergency order requiring such owner to take actions the Board deems necessary to place the dam in a safe condition. Said emergency order shall indicate the finding of imminent peril and shall specify the actions that are to be taken immediately. The order shall also specify a time and place for hearing to be held after such actions are taken. C. The Board may impose administrative penalties against owners of dams who fail, refuse or neglect to comply with the provisions of this act, rules of the Board promulgated pursuant to this act, or orders of the Board. Such administrative penalties shall be imposed only after notice and opportunity for hearing on the proposed imposition of such penalties. The notice and opportunity for hearing required by this paragraph may be combined with the notice and hearing required in paragraph A of this section. Said penalties shall not exceed Five Hundred Dollars ($500.00) per day for each violation. Each day a violation continues shall constitute a separate violation. D. The Board may seek judicial relief to enforce provisions of this act, rules promulgated pursuant to this act, and orders of the Board by instituting action in the district court where the dam or a major portion thereof is located. E. If records and information available to the Board show that there may be more than one owner of the dam subject to administrative or judicial relief authorized by this section, the Board is not required to give all such owners notice of proceedings involving the dam, and such owners who do not receive notice or enter their appearance in the proceedings shall not be deemed indispensable parties, provided however, the Board shall use its best efforts to provide notice to all known owners, considering the number and type of interest of such owners, amount of control exercised over the operation and maintenance of the dam by such owners, the need to expeditiously proceed to hearing, and possible harm by not providing such notice.

Legislative History

Added by Laws 1992, c. 185, § 10, eff. July 1, 1992.