Legal Question in Business Law in Oklahoma

Received a notice of violation from D.E.Q., but I'm the sub-contractor, not the

I received a Notice of Violation from the Oklahoma Department of Environmental Quality, for 27A O.S. Supp. 2000 �� 2-6-501 (D) The discharge of doemstic sewage to a public or private disposal system approved or authorized by the Department or the surfacing of effluent from any domestic septic system shall be deemed pollution for purposes of the provisions off Section 2-6-105 of this title. Also, they note in bold type; Oklahoma Administrative Code OAC 252:641-1-3 (h)(1) The installer shall be responsible for requesting that the DEQ so a final inspection or, if certified, shall conduct a self-inspection. I am the backhoe operator, hired by a Contractor, who works for the property owner. I was told by the Contractor that everything was to spec. DEQ wants me to pay a fine and fix the septic system at no charge. What about the Contractor and the property owner?


Asked on 3/21/02, 4:47 am

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Received a notice of violation from D.E.Q., but I'm the sub-contractor, not

Thank you for your question. From your brief post, I do not know who did what with respect to this septic system; whether it was a repair or new installation might be important. Also, let me condition this by saying that the Enviornmental Quality Code is rather large and would require significant time to research. However, it seems to me that someone may be trying to lay the responsiblity for a failed system on your lap. From just a quick glance at the DEQ Rules and Regulations, �252:641-1-4 and it indicates that the person owning or otherwise responsible for a system shall take prompt action to repair. I would ask for the DEQ to give you a specific section where it says that a person who has performed whatever work you performed is responsible for repair if the system fails. Do you know if there was a percolation test and proper approvals obtained before work started. At this point who knows why the system is failing?

These are reasonable questions but evidently you are the one given a citation. I would not take that fact too lightly since there can be severe penalties involved. You probably need an attorney. You may want to visit the DEQ's web site at www.deq.state.ok.us/mainlinks/deqrules.htm

Read more
Answered on 3/21/02, 7:23 pm


Related Questions & Answers

More Business Law questions and answers in Oklahoma