The Oklahoma DEQ’s Air Quality Division (AQD) began applying its new penalty policy as of March 1, 2012. The policy is being used by AQD enforcement personnel as guidance when determining if an administrative penalty is justified for an air quality violation and what proposed penalty amount is appropriate. The policy should help ensure consistent enforcement but remains a guidance document and should not be relied on as a regulatory or legal document.
The proposed penalty calculation for an air quality violation will evaluate the following components:
- Economic benefit. The economic benefit component will recover any economic gains accrued as a result of delaying and/or avoiding compliance.
- Gravity-based penalty. The gravity-based penalty is the amount appropriate for the seriousness of the violation and is based on the extent of the violation and the relative risk to human health and/or the environment.
- Compliance history. The compliance history of an owner/operator may only serve to increase the penalty in the event there is a pattern of noncompliance.
- Good-faith efforts to comply. The gravity-based penalty may be reduced by up to 25 percent on the basis of the response of the owner/operator after the violation is detected.
INFO: Contact the Compliance and Enforcement of AQD at 405-702-4100.