§ 1-4-119. Voluntary disclosure of violations--Immunity
Oklahoma Statutes AnnotatedTitle 27A. Environment and Natural ResourcesEffective: November 1, 2019
Effective: November 1, 2019
27A Okl.St.Ann. § 1-4-119
§ 1-4-119. Voluntary disclosure of violations--Immunity
4. The offense was committed recklessly by a member of the person's management or an agent of the person, the person's policies or lack of prevention systems contributed materially to the occurrence of the violation, and the violation resulted in substantial injury to one or more persons at the site or off-site harm to persons, property or the environment; or
G. In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity has the burden of establishing a prima facie case that the disclosure was voluntary. After the person claiming the immunity establishes a prima facie case of voluntary disclosure, other than a case in which under subsections D and E of this section immunity does not apply, the enforcement authority has the burden of rebutting the presumption by a preponderance of the evidence.
H. In order to receive immunity under this section, a facility conducting an environmental or health and safety audit under this act must give notice to an appropriate regulatory agency of the fact that it is planning to commence the audit. The notice shall specify the facility or portion of the facility to be audited, the anticipated time the audit will begin and the general scope of the audit. The notice may provide notification of more than one scheduled environmental or health and safety audit at a time.
1. That acquires a regulated facility or operation that is the subject of an audit begun prior to acquisition may continue the audit after the acquisition closing date if, no later than forty-five (45) days after the acquisition closing date, the person provides notice to an appropriate regulatory agency of the fact that the potential purchaser intends to continue the ongoing audit;
J. The immunity under this section does not apply if a court or administrative law judge finds that the person claiming the immunity has, after the effective date of this act:1
For violations to be considered a pattern, the person shall have committed a series of violations that were due to separate and distinct events occurring within a three-year period at the same facility or operation.
Credits
Laws 2019, c. 229, § 10, eff. Nov. 1, 2019.
Footnotes
O.S.L. 2019, c. 229, eff. Nov. 1, 2019.
27A Okl. St. Ann. § 1-4-119, OK ST T. 27A § 1-4-119
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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