ENFORCEMENT AND ABATEMENT

Oklahoma City Municipal Code ch. 57, art. VI, div. 6

in effect

Oklahoma City Municipal Code § 57-177 Unauthorized discharge a public nuisance.

§ 57-177. - Unauthorized discharge a public nuisance. No person shall conduct, allow or permit the discharge of stormwater in any manner in violation of this article or of any condition of a permit issued pursuant to this article or a stormwater discharge permit issued by the State. Such discharge is hereby declared a public nuisance and must be corrected or abated by any owner and by any operator. (Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)

Oklahoma City Municipal Code § 57-178 Illicit discharge and illegal dumping.

§ 57-178. - Illicit discharge and illegal dumping. (a) No person shall conduct, allow or permit the direct or indirect discharge of any material other than stormwater into the MS4, the Community Waters or Waters of the State. The following direct or indirect discharges are examples of prohibited discharges: (1) sewage dumping or dumping of sewage sludge; (2) chlorinated swimming pool discharge; (3) discharge of any polluted household wastewater, such as but not limited to laundry washwater and dishwater, except to a sanitary sewer or septic system; (4) leaking sanitary sewers and connections; (5) leaking water lines; (6) commercial, industrial or non-exempt public vehicle wash or power wash discharge and commercial, industrial or non-exempt cosmetic cleaning; (7) garbage, rubbish, or sanitary waste disposal; (8) dead animals or animal fecal waste; (9) non-stormwater discharges, except pursuant to a permit issued by the State and the City; (10) dredged or spoil material; (11) solid waste and commercial or industrial process by-products; (12) chemical waste; and (13) wrecked or discarded vehicles, appliances or equipment. (Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)

Oklahoma City Municipal Code § 57-179 Prohibition of pollutant discharge not covered by the NPDES Program.

§ 57-179. - Prohibition of pollutant discharge not covered by the NPDES Program. (a) A permit is a license to conduct an activity, which is regulated by the Clean Water Act, the Water Pollution Control Act, or this article. (b) Every person who is or who is planning to carry out any of the activities requiring a permit, shall obtain such a permit prior to carrying out such activities. (c) It shall be unlawful for any person to carry out any of the following activities, except in accordance with the conditions of a valid permit: (1) the alteration of the physical, chemical, radiological, biological, or bacteriological, properties of any of waters of the State or Community Waters; (2) the construction, installation, modification, or operation of any treatments works or part thereof, or any extension or addition thereto; (3) the increase in volume or strength of any wastes in excess of permissive discharges specified under any existing permit; (4) the development of a natural resource or the construction, installation, or operation of any establishment or any extension or modification thereof or addition thereto; the operation of which will or is likely to cause an increase in the discharge of wastes into the Waters of the State or would otherwise alter the physical, chemical, radiological, biological, or bacteriological properties of any Waters of the State in any manner not already lawfully authorized; (5) the construction or use of any new outlet for the discharge of any wastes into the Waters of the State; (6) the discharge of sewage, industrial wastes, or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; and (7) the discharge of sewage, industrial wastes, or other wastes into a well or a location where it is likely that the discharged substance will move into a well, or the underground placement of fluids and other substance which do or may affect the Waters of the State. (Ord. No. 21321, § 1, 9-28-99)

Oklahoma City Municipal Code § 57-180 Accidental discharges.

§ 57-180. - Accidental discharges. (a) In the event of any discharge or a hazardous substance in amounts which could cause a threat to public drinking supplies, a "significant spill," or any other discharge which could constitute a threat to human health or the environment, the owner or operator or the facility shall give notice to the Manager and the field office of the Oklahoma Department of Environmental Quality as soon as practicable, but in no event later than the close of business on the day following the accidental discharge or the discharger becomes aware of the circumstances. If an emergency response by governmental agencies is needed, the owner or operator should also call 911 immediately to report the discharge. A written report must be provided within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the Manager for good cause shown on a case-by-case basis, containing the following particulars: 1) a reasonably precise description of the discharge, 2) the exact date and time of discharge, and 3) steps being taken to eliminate and prevent recurrence of the discharge. (b) The owner and operator shall take all reasonable steps to minimize any adverse impact to the Community Waters or the Waters of the State, including such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge. It shall not be a defense for the discharger in an enforcement action that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain water quality and minimize any adverse impact that the discharge may cause. (c) It shall be unlawful for any person to fail to comply with the provisions of this section. (Ord. No. 21321, § 1, 9-28-99)

Oklahoma City Municipal Code § 57-181 Administrative enforcement remedies.

§ 57-181. - Administrative enforcement remedies. (a) Notification of violation. Whenever the Manager finds that any permittee or any person discharging stormwater has violated or is violating this article, or a stormwater permit or order issued hereunder, the Manager or his designee may serve upon said person or permittee written notice of the violation. Within ten calendar days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Manager. Submission of this plan in no way relieves the discharger of liability or criminal prosecution for any violations occurring before or after receipt of the notice of violation. (b) Consent orders. The Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the compliance and for the noncompliance. Such orders will include specific action to be taken by the discharger, operator and owner to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraph (d) below. (c) Show cause hearing. The Manager may order any person who causes or contributes to violation of this article or Stormwater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any individual or the individual or the principal executive, general partner or manager of any legal entity or person of legal age at the office or business address of the permittee. (d) Compliance order. When the Manager finds that any person has violated or continues to violate this article or a permit or order issued thereunder, the Manager may issue an order to the violator directing that, following a specified time period, adequate structures or devices be installed or procedures implemented and properly operated, supervised and administrated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and best management practices. (e) Cease and desist orders. Notwithstanding any other notice, order or administrative process provided by this section, when the Manager finds that any person has violated or continues to violate this article or any permit or order issued hereunder, and also finds that such violation may cause an impairment of water quality or that a permit is required and has not been issued, the Manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (1) comply forthwith; or (2) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge or both. (f) Appeal. A person receiving an order may file a written notice of appeal with the Director and Manager who issued it, no later than the 10th calendar day after receipt of the order. Such notice shall include an explanation as to why the person believes the enforcement action should not be taken. A person receiving a cease and desist order may file a written notice of appeal with the Director and Manager who issued it and obtain relief from such order upon a showing that the alleged violation will not cause an impairment of water quality or that a permit is not required. A hearing on the appeal will be scheduled within a reasonable time after receipt of the notice of appeal and the required explanation. All notices of appeal shall be signed by the owner or operator of the premises or activities in controversy, and shall include name and address of the person filing the notice of appeal. Notice of hearing on the appeal may be served by facsimile or first-class mail at the number or address given in the written notice of appeal. (Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)

Oklahoma City Municipal Code § 57-182 Unlawful acts, misdemeanor.

§ 57-182. - Unlawful acts, misdemeanor. It shall be unlawful for any person to: (a) violate any provision of this article; (b) violate the provisions of any permit issued pursuant to this article; (c) fail or refuse to comply with any lawful notice to abate issued by the Manager within the time specified by such notice; or (d) violate any lawful order of Stormwater Quality Management or fail to comply with such an order within the time allowed by such order. Any person who commits any act declared unlawful or fails to perform any act required by or under this article or otherwise violates any provision of this article shall be guilty of a Class "a" offense against the City. In addition, each and every day on which a violation shall occur or continue to occur shall be deemed a separate offense. For any second or subsequent offense and upon proof of conviction, said person shall be guilty of a Class "b" offense against the City. For any offense that occurs or is allowed to exist for two consecutive calendar days, each responsible person shall be guilty of a Class "b" offense. Violation of a cease and desist order shall be a Class "b" offense. (Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)

Oklahoma City Municipal Code § 57-183 Judicial proceedings and relief.

§ 57-183. - Judicial proceedings and relief. (a) The City may authorize the Manager by and through the Municipal Counselor to initiate proceedings in any court of competent jurisdiction against any person who has or is about to: (1) violate the provisions of this article; (2) violate the provisions of any permit issued pursuant to this article; (3) fail or refuse to comply with any lawful order issued by the Manager, which has not been timely appealed to the appropriate court within the time allowed by this article; (4) violate any lawful order within the time allowed by such order. (b) Any person who is required by any provision of this chapter or by any other law to obtain a permit prior to engaging in conduct that is regulated by this chapter, and who fails or neglects to obtain such a permit, or who fails to exhibit such a permit upon request by a City official, shall be guilty of a Class "b" offense against the City. Each day on which a violation shall occur or continue to occur shall be deemed a separate offense. (c) The Manager, with consent of the City Council, may also initiate civil proceedings in any court of competent jurisdiction seeking monetary damages for any damages caused to publicly owned stormwater facilities by any person, and to seek injunctive or other equitable relief to enforce compliance with the provisions of this article or to enforce compliance with any lawful orders. (d) The Manager, with the consent of the Director, may petition the Oklahoma Department of Environmental Quality to regulate and prosecute stormwater dischargers which can not be adequately controlled by municipal resources. (Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)

Oklahoma City Municipal Code § 57-184 Reconsideration.

§ 57-184. - Reconsideration. (a) Any person subject to: a denial of a permit issued under this chapter; a compliance order; a stop work order; an emergency suspension of utility service; or any other enforcement action in this chapter which allows for reconsideration and hearing under this section, may petition the Director or Manager who took such action to reconsider the basis for the action. In order for the petition to be re-considered, it shall be filed with such Director and the Manager no later than the tenth (10 th ) calendar day after receipt of the notice/order. (b) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the action. (c) In its petition, the petitioner shall indicate the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, whether the petitioner requests a hearing on its petition and the address where notice of hearing will be received and accepted. (d) The effect of a compliance order or stop work order shall be stayed pending the Director's reconsideration of the petition, and any hearing thereon, unless the Director expressly makes a written determination to the contrary. The effect of an emergency suspension of utilities shall not be stayed pending the Director's reconsideration or any hearing, unless the Director expressly, and in writing, stays the emergency order. (e) Within a reasonable time of the submittal of a petition for reconsideration, the Director shall either grant the petition and withdraw or modify the order or modify or grant the permit accordingly; deny the petition if no material issue of fact is raised; or if a hearing has been requested and/or a material issue of fact has been raised, set a hearing on the petition. (Ord. No. 21321, § 1, 9-28-99)

Oklahoma City Municipal Code § 57-185 Hearings.

§ 57-185. - Hearings. (a) A Director may also set a hearing if the Director determines that a show cause hearing should be conducted, if grounds exist to revoke or suspend a permit issued under this chapter, or if grounds exist to terminate utilities on a non-emergency basis. (b) Written notice of the hearing shall be served on a petitioner/violator at least ten calendar days prior to the hearing. Notice shall be served in person or by fax or mail, return receipt requested. (c) Notices shall specify the date, time, and place of the hearing. (d) Notice that is mailed shall be deemed received five calendar days after it is placed in a mail receptacle of the United States Postal Service. (e) No decision may be rendered at a hearing by reason of the petitioner/violator's failure to appear unless proof of service is shown. (f) For purposes of this section, a Director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing. (g) Whenever any deadline specified in this section falls upon a Saturday, Sunday, or a City-recognized holiday, the deadline shall be the next regular City business day. (h) The date of an order or ruling required to be made under this section shall be deemed to be the date it is signed. (i) Decisions shall be based on a preponderance of the evidence. The City shall have the burden of proof in all hearings except permit denial hearings. In permit denial hearings, the burden of proof shall be on the petitioner. (j) The Director shall act as the hearing officer. (k) After the conclusion of the hearing, the Director shall make written findings of the fact and conclusions of law and shall issue a written decision without undue delay. (l) A hearing shall exhaust all administrative remedies of the petitioner/violator. (Ord. No. 21321, § 1, 9-28-99)

Oklahoma City Municipal Code § 57-186 Variances.

§ 57-186. - Variances. (a) The Director may grant a revocable variance from the requirements of this article providing to do so would not result in the violation of any State or Federal law or regulation and if exceptional circumstances applicable to the site exist such that strict adherence to the provisions of this article will result in unnecessary hardship and will not result in a condition contrary to the intent of the ordinance. (b) A written petition for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, why a variance should be granted. The request shall include all information necessary to evaluate the proposed variance. The petition shall be filed with the Manager. (c) The Manager shall conduct a review of the request for a variance within ten working days after receipt and may either support the petition or may object to the petition. If the Manager objects to the variance, the Manager shall state the reasons therefore. (d) Once the Manager's review is complete or the ten working days for review have expired, the petition shall be subject to action at the discretion of the Director. (Ord. No. 21321, § 1, 9-28-99)

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_CH57WARE_ARTVISTMA_DIV6ENABFetched: 10/28/2026