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.

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.