JUDICIAL ENFORCEMENT REMEDIES

Oklahoma City Municipal Code ch. 47, art. III

in effect

Oklahoma City Municipal Code § 47-61 Injunctive relief.

§ 47-61. - Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Director may petition that Oklahoma County District Court through the Municipal Counselor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the City. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (Code 1980, § 41-11.1; Ord. No. 19830, § 1, 9-29-92)

Oklahoma City Municipal Code § 47-62 Civil penalties.

§ 47-62. - Civil penalties. (a) Any user which has violated or continues to violate any provision of this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard condition or requirement shall be liable to the City for damages to the extent permitted under State law. In the case of a 30-Day or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (b) The City may seek to recover reasonable attorney's fees, court costs, and other expenses associated with civil damages or enforcement activities, including but not limited to sampling and monitoring expenses, attorney fees, court costs, interest, expenses and the cost of any actual damages incurred by the City. (c) In determining the amount of civil liability, the City may allege all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (d) Filing a suit for civil damages shall not preclude nor be a prerequisite for taking any other action against a user. (Code 1980, § 41-11.2; Ord. No. 19830, § 1, 9-29-92; Ord. No. 24155, § 2, 10-19-10)

Oklahoma City Municipal Code § 47-63 Criminal prosecution.

§ 47-63. - Criminal prosecution. (a) Any user who is found to have violated or failed to comply with any permit provision, order of the Director, any provision of this chapter, or with any order, rule, regulation or permit issued hereunder, and any user or person who has introduced into the POTW any substance which causes personal injury or property damage, or knowingly made any false statements, representations, or certifications in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this chapter, wastewater discharge permit or order; and any user or person who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of an offense against the City. Each and every day on which a violation or failure shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law or in equity against the person found to have violated or failed to comply with this chapter or any order, rule, regulation or permit issued hereunder. The issuance or collection of an administrative fee or charge or the assessment or collection of costs, as may also be provided for in this Code, shall not be a bar to or be a prerequisite for taking any other administrative or criminal action against the user or person. (b) Any person violating any provision of this chapter shall, upon conviction, be guilty of a Class "a" offense. Any person violating any provision of this chapter knowingly and wilfully shall, upon conviction, be guilty of a Class "b" offense. For any second or subsequent offense and upon proof of conviction, said person shall be guilty of a Class "b" offense. (Code 1980, § 41-11.3; Ord. No. 19830, § 1, 9-29-92; Ord. No. 20466, § 1, 10-24-95; Ord. No. 22775, § 1, 7-19-05)

Oklahoma City Municipal Code § 47-64 Remedies nonexclusive.

§ 47-64. - Remedies nonexclusive. The provisions in this chapter are not exclusive remedies. The City reserves the right to take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Code 1980, § 41-11.4; Ord. No. 19830, § 1, 9-29-92)

Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH47SESEDI_ARTIIIJUENREFetched: 10/28/2026