State of Oklahoma ex rel. Department of Environmental Quality v. Kenneth Barnett

IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, ex rel. DEPARTMENT OF ENVIRONMENTAL QUALITY, PLAINTIFF, vs. KENNETH BARNETT DEFENDANT, FILED DISTRICT COURT OKLAHOMA COUNTY, OKLAHOMA March 16, 2026 12:43 PM RICK WARREN, COURT CLERK Case Number CJ-2026-1982 CASE NO. ____________ PETITION FOR INJUNCTIVE RELIEF COMES NOW, the Plaintiff, the State of Oklahoma, ex rel. Department of Environmental Quality ("DEQ"), by and through its attorneys of record, Gary Henry and Scott Raybern, and seeks a permanent injunction to enjoin Defendant, Kenneth Barnett, from unlawfully allowing sewage to surface on his property and from further violations of the Oklahoma Environmental Quality Code ("Code") at 27A O.S. § 2-1-101 et seq., the rules promulgated thereunder at Oklahoma Administrative Code ("OAC") Title 252, Chapter 641, and the requirements set forth in the Consent Order ("CO"), Case Number ("No.") 23-110, which was executed on June 19, 2023. Attached hereto as "Exhibit 1. In support, Plaintiff alleges, and states as follows: BACKGROUND 1. DEQ is an agency of the State of Oklahoma and is charged with the duty to protect human health and the environment through the enforcement of the provisions of the Code and the rules promulgated thereunder pursuant to 27A O.S. § 1-3-101(B) and 27A O.S. § 2-6-102 et seq. 2. Venue is proper in Oklahoma County because the parties agreed to venue in CO Case No. 23 – 110 and Oklahoma County is the primary place of business for DEQ. 3. On January 19, 2023, DEQ received two complaints, (No. 178771 and 178776) regarding surfacing sewage on property located at 247 Chouteau Drive, Chouteau, Oklahoma. This address is Defendant’s residence. 4. On January 23, 2023, DEQ received a third complaint (No. 178850) regarding sewage surfacing on the above-described property. 5. On January 23, 2023, DEQ issued a warning letter to Respondent requesting the violation be corrected by immediately containing all surfacing sewage to prevent discharging onto surrounding properties and repairing or replacing the on-site sewage treatment system by February 2, 2023. “Attached hereto as “Exhibit A in Exhibit 1.” 6. On June 19, 2023, DEQ executed CO Case No. 23-110 in which Defendant agreed to do the following: a. Defendant agreed to take all necessary steps to prevent sewage from surfacing on the above-described property. b. Defendant agreed to employ water conservation measures to limit the amount of discharge and ensure that sewage does not flow off the above-described property sections. c. Defendant agreed to repair or replace the on-site sewage treatment system on the above-described property by July 15, 2023. Defendant agreed to obtain an Authorization to Construct or Modify an On-Site Sewage Treatment System and notify DEQ prior to beginning construction. d. Defendant agreed to ensure that the repaired or replaced on-site sewage treatment system be made available to DEQ for inspection prior to backfilling. 7. The CO also assessed a penalty in the amount of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00). 8. The CO became a final agency order on June 19, 2023. 9. On October 12, 2023, DEQ mailed a Notice of Non-Compliance to Defendant due to failure to follow the terms of the CO. "Attached hereto as Exhibit 2". 10. Plaintiff seeks permanent injunctive relief, enjoining Defendant for violations of 27A O.S. § 2-7-101 et seq., and OAC Title 252, Chapter 641. 11. In addition, DEQ seeks an order compelling Defendant’s compliance with the requirements of the CO. 12. Defendant has wholly failed and refused to comply with the provisions of the CO, failed to pay the assessed administrative penalty, and continues to pollute the environment by allowing violations to occur on Defendant’s property. 13. This Petition is a refiling; the original petition (CV 2024 - 899) was dismissed based on representations made by Defendant who claimed to have repaired the system but had not. AUTHORITY 14. Sections 2-3-504(A)(4) and (F)(2) of Title 27A of the Oklahoma Statutes authorize the district courts of the State of Oklahoma to grant injunctive relief to compel compliance with the Code, rules promulgated thereunder, and an Order issued pursuant to the Code. Section 2-3-504(F)(2) specifically provides that "[t]he court shall have jurisdiction to determine said action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages." 27A O.S. § 2-3-504(F)(2). Moreover, § 2-3-504(A)(4) provides that “any person who violates any of the provisions of, or who fails to perform any duty imposed by, the [Code] or who violates any order … issued by [DEQ] or rule promulgated … pursuant to this Code … [m]ay be subject to injunctive relief granted by a district court. A district court may grant injunctive relief to prevent a violation of, or to compel compliance with, any of the provisions of this Code or any rule promulgated thereunder or order … issued pursuant to this Code.” 27A O.S. § 2-3-504(A)(4). 15. Defendant has failed and refused to comply with the terms of an Order. 16. Defendant has failed and refused to comply with the Code and rules promulgated thereunder. 17. Defendant has violated a lawful order of DEQ, as stated herein, and such violations are continuing and ongoing. DEQ is aggrieved by Defendant’s violation of its lawful order, has exhausted its administrative enforcement process, and has no adequate remedy at law; therefore, injunctive relief is appropriate. 18. Defendant has continuously violated statutes within the Code, as stated herein, and such continuing violations entitle Plaintiff to the requested injunctive relief. See Semke v. State ex rel. Okla. Motor Vehicle Comm’n, 1970 OK 15, 465 P.2d 441 (violation of state statute is an injury to state and citizens, and a continuing violation is an irreparable injury for which injunctive relief is available). 19. Plaintiff has a duty to protect human health and the environment, which are in danger and at risk of harm and injury if Defendant continues to violate the CO, Code, and rules promulgated thereunder. 20. Irreparable injury will result to the State and its citizens unless the on-going and continuous acts and conduct of the Defendant is enjoined and Defendant is compelled to comply with the provisions of the CO, the Code, and rules promulgated thereunder. Such ongoing noncompliance presents imminent and substantial endangerment to health and the environment. 21. Therefore, DEQ requests this court to prohibit Defendant from further violation. DEQ further requests this court to order Defendant to comply with the requirements of the CO and payment of the administrative penalty included in the CO. 22. Pursuant to 12 O.S § 66, DEQ is entitled to commence this action without bond or payment of costs. WHEREFORE, premises considered, DEQ respectfully requests this Court to grant a permanent injunction enjoining Defendant from violating the provisions of the Oklahoma Environmental Quality Code and rules promulgated thereunder, to compel Defendant’s compliance with the CO, and award DEQ its attorney's fees and costs, and all other relief this Court deems just and proper. Respectfully submitted, Gary Henry, OBA # 11340 Scott Raybern, OBA # 20312 Oklahoma Department of Environmental Quality 707 N. Robinson, P.O. Box 1677 Oklahoma City, OK 73101-1677 405-702-7189/405-702-7199 fax ATTORNEYS FOR DEQ STATE OF OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY ENVIRONMENTAL COMPLAINTS AND LOCAL SERVICES DIVISION IN THE MATTER OF: KENNETH BARNETT, RESPONDENT, CASE NO. 23-110 COMPLAINT NUMBERS ("NOS.") 178771, 178776, AND 178850. CONSENT ORDER The parties to this case, the State of Oklahoma, ex rel. Department of Environmental Quality ("DEQ") and Kenneth Barnett ("Respondent"), agree to this Consent Order ("CO") in order to resolve certain environmental compliance issues. FINDINGS OF FACT 1. On January 19, 2023, DEQ received two (2) complaints (Nos. 178771 and 178776) regarding surfacing sewage on property located at 247 Chouteau Drive, Chouteau, Mayes County, Oklahoma. 2. Respondent owns the above-described property. 3. On January 20, 2023, DEQ personnel investigated the complaint. During the investigation, DEQ personnel observed a residence and two (2) recreational vehicles on the property and a dark, saturated area and sewage odor near the southeast corner of the driveway on the above-described property. DEQ personnel also observed the saturated area continued into the street and onto adjacent properties. 4. Untreated or improperly treated sewage endangers public health because it contains pathogens, or disease-causing organisms, such as bacteria or viruses, and protozoa. Common diseases that can be transmitted by sewage include bacterial diseases (E. coli poisoning, salmonellosis, shigellosis, typhoid, cholera, and bacterial dysentery); viral diseases (polio and hepatitis); and protozoal diseases (amoebic dysentery, cryptosporidiosis, and giardiasis). 5. Untreated or improperly treated sewage can endanger the environment if it enters streams and ponds because the organic material can deplete oxygen, which can kill fish and other aquatic life. 6. On January 23, 2023, DEQ received a third complaint (No. 178850) regarding sewage surfacing on the above-described property. 7. On January 23, 2023, DEQ personnel issued a warning letter to Respondent requesting the violation be corrected by immediately containing all surfacing sewage to prevent discharging onto surrounding properties and repairing or replacing the on-site sewage treatment system by February 2, 2023. "Attached here to as Exhibit A" 8. On February 6. 2023, DEQ personnel inspected the above-described property and observed the violations were still occurring. 9. On February 23, 2023, DEQ personnel spoke to Respondent, who stated the on-site sewage treatment system’s septic tank had been pumped out and sewage was no longer surfacing on the above-described property. 10. On February 24, 2023, DEQ personnel inspected the property and observed the violations were still occurring. 11. Respondent and DEQ agree that it is beneficial to resolve this matter promptly and by agreement. Therefore, the parties agreed to the terms of this CO. Respondent and DEQ waive the filing of a petition or other pleading, and Respondent waives the right to a hearing. CONCLUSIONS OF LAW 12. DEQ has regulatory jurisdiction and authority in this matter, and Respondent is subject to the jurisdiction and authority of DEQ under 27A O.S. §§ 1-3-101(B) and 2-6-101, et. seq. and Oklahoma Administrative Code ("OAC") Title 252, Chapter 641. 13. Respondent and DEQ are authorized by 75 O.S. § 309(E) and 27A O.S. § 2-3-506(B) to resolve this matter by agreement. 14. 27A O.S. § 2-6-501(D) states: The discharge of domestic sewage except to a public or private disposal system approved or authorized by DEQ or the surfacing of effluent from any domestic septic system shall be deemed pollution for purposes of the provisions of Section 2-6-105 of this title. 15. 27A O.S. § 2-6-105 states: A. It shall be unlawful for any person to cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any air, land or waters of the state. Any such action is hereby declared to be a public nuisance. B. If the Executive Director finds that any of the air, land or waters of the state have been, or are being, polluted, the Executive Director shall make an order requiring such pollution to cease within a reasonable time, or requiring such manner of treatment or of disposition of the sewage or other polluting material as may in his judgment be necessary to prevent further pollution. It shall be the duty of the person to whom such order is directed to fully comply with the order of the Executive Director. DEQ alleges Respondent is in violation of 27A O.S. § 2-6-501(D) and 27A O.S. § 2-6-105 for allowing sewage to surface on the above-described property. 16. OAC 252:641-1-3 states: (a) Inspections. All new installations of, modifications to and/or repairs to on-site sewage treatment systems shall be inspected and approved by the DEQ, or installed, self-inspected and approved by a certified installer before new installations, modifications or repairs can be backfilled and/or before the system may be placed into operation. The installer shall be responsible for requesting any required DEQ inspections. (b) Treatment. On-site sewage treatment systems shall only be used for treatment of sewage, as defined in 252:641-1-2. All sewage must be treated and dispersed according to the rules in this Chapter. 17. OAC 252:641-1-4 states: (a) Proper operation. The owner of an on-site sewage treatment system shall ensure that the system is maintained and operated properly so that: (1) sewage or effluent from the system is properly treated and does not surface, pool, flow across the ground or discharge to surface waters; (2) septic tanks, lift stations, low pressure dosing tanks, flow equalization tanks, aerobic treatment units and lagoons shall be maintained so that they do not leak or overflow; and (3) the required security measures are intact (e.g., required fences are intact, septic tank lids are intact, manhole covers are properly secured). (b) Malfunctioning systems. If an on-site sewage treatment system malfunctions, the person owning or otherwise responsible for the system shall take prompt action to repair the malfunctioning system, prevent further violations and remediate the site. DEQ alleges Respondent is in violation of OAC 252:641-1-3 and 252:641-1-4 for failing to properly maintain the on-site sewage treatment system so that sewage does not surface on the above-described property. ORDER 18. Based on the above paragraphs, Respondent and DEQ agree, and the Executive Director orders as follows: a. Respondent agrees to take all necessary steps to prevent sewage from surfacing on the above-described property. b. Respondent agrees to employ water conservation measures to limit the amount of discharge and ensure that sewage does not flow off the above-described property. c. Respondent agrees to repair or replace the on-site sewage treatment system on the above-described property by July 15, 2023. Respondent shall obtain an Authorization to Construct or Modify an On-Site Sewage Treatment System and notify DEQ prior to beginning construction. d. Respondent agrees to ensure that the repaired or replaced on-site sewage treatment system is available to DEQ for inspection prior to backfilling. 19. The Oklahoma Environmental Quality Code, 27A O.S. § 2-3-502(B) and (K) authorizes DEQ to seek penalties of up to TEN THOUSAND DOLLARS ($10,000.00) per day for each violation of the associated rules. Based on the facts and circumstances of this case, DEQ assesses a total penalty of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00). 20. DEQ agrees to waive this penalty if Respondent complies with the terms of this CO. Respondent agrees that within thirty (30) days of receiving written notification from DEQ that the above-stated penalty is not going to be waived due to his noncompliance with this CO, Respondent agrees to pay that amount to DEQ. Payment shall be by check or money order payable to the Oklahoma Department of Environmental Quality (or DEQ), showing the Case Number of this CO, and delivered to: Accounts Receivable Financial & Human Resources Management Department of Environmental Quality P.O. Box 2036 Oklahoma City, OK 73101-2036 21. If Respondent fails to pay any penalty, DEQ may bring a separate action for collection of the penalty in district court. Any action by DEQ for the collection of a penalty does not affect Respondent’s duty to complete the tasks required by this CO. GENERAL PROVISIONS 22. Respondent agrees to allow agents of DEQ entry onto his property, at reasonable times and without advance notice, for the purposes of inspecting, sampling, testing, records review, and other authorized activities to assess compliance with Oklahoma statutes and rules and this CO. 23. This CO is enforceable as a final order of the Executive Director of DEQ. DEQ retains jurisdiction of this matter for the purposes of interpreting, implementing, and enforcing the terms and conditions of this CO and for the purpose of resolving disputes. 24. Nothing in this CO limits DEQ’s right to take enforcement action for violations discovered or occurring after the effective date of this CO. 25. Nothing in this CO excuses Respondent from his obligation to comply with all applicable federal, state, and local statutes, rules, and ordinances. Respondent and DEQ agree that the provisions of this CO are considered severable, and if a court of competent jurisdiction finds any provisions to be unenforceable because they are inconsistent with state or federal law, the remaining provisions will remain in full effect. 26. The provisions of this CO apply to and bind Respondent and DEQ and their officers, directors, employees, agents, successors, and assigns. No change in the ownership or corporate status of Respondent will affect his responsibilities under this CO. 27. Compliance with the terms and conditions of this CO fully satisfies Respondent's liability to DEQ for all items of noncompliance in this CO. If Respondent satisfies the requirements of this CO, DEQ will not pursue any other remedy, sanction, or relief that might otherwise be available to address the issues of noncompliance in this CO. Nothing in this CO shall be deemed to satisfy Respondent's liability, if any, for actions or remedies not within the scope of authority of DEQ. 28. Respondent and DEQ agree that the venue of any action in district court for the purposes of interpreting, implementing, and enforcing this CO will be Oklahoma County, Oklahoma. 29. The requirements of this CO will be considered satisfied, and this CO terminated when Respondent receives written notice from DEQ that he has demonstrated that all the terms of the CO have been completed to the satisfaction of DEQ, and that any assessed penalty has been paid. 30. Respondent and DEQ may amend this CO by mutual consent. Such amendments must be in writing and the effective date of the amendments will be the date on which they are filed by DEQ. 31. The individuals signing this CO certify that they are authorized to sign it and to legally bind the parties they represent. 32. This CO becomes effective on the date of the latest signature below. RESPONDENT: Kenneth Barnett Property Owner Date OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY: Scott A. Thompson Executive Director Date APPROVED AS TO FORM: Scott Raybern Attorney Date Received JUN 12 2023 ECLS ENVIRONMENTAL COMPLAINTS AND LOCAL SERVICES WARNING LETTER 178776, 178771, To: ⧫ Owner ◻ Occupant ◻ Other RP Complaint No.: 178850 County: Mayes Kenneth Barnett 247 Chouteau Dr Chouteau OK 74337 We have received a complaint alleging: You are allowing surfacing sewage to discharge onto surrounding properties. On 01/20/2023, I observed the following conditions: Evidence indicating sewage surfacing via a saturated area with dark appearance and sulfurous odor near the southeast corner of the paved driveway. Place an "x" in the appropriate box. Citations to relevant statutes and regulations are located on the reverse side of this letter. This is an apparent violation of: ◻ Open Burning ◻ Open Dumping ◻ Fugitive Dust ◻ Highway Spill Remediation ⧫ Allowing Sewage to Surface or Discharge ◻ Failing to Properly Operate or Maintain Sewage Disposal System ◻ Installing Unapproved Sewage Disposal System ◻ Installing >10 Sewage Disposal Systems w/o Being Certified Place an "x" in the appropriate box. ⧫ You agreed to correct this violation by 02/02/2023, by doing the following: OR ◻ This apparent violation should be corrected by ____________, by doing the following: Immediately ensure all surfacing sewage is contained to prevent surfacing sewage of discharging onto surrounding properties. Make DEQ approved repairs or replacement of the failing/damaged septic system by 02/02/2023. Failure to address this matter by the date listed above may result in further enforcement by the Department. For assistance, please call your local representative at the phone number listed below. Thank you in advance for your time and attention to this matter. Sincerely, ______________________________ Receipt acknowledged: ________________________ Signature (01/23/2023) Amanda Baker (918) 772-6440 1/23/2023 Printed Name, Local DEQ Representative DEQ Phone Number Date Original—Addressee <table> <tr> <th>Statute/Rule Citation</th> <th>Summary of Requirements</th> <th>Normal Time To Correct</th> </tr> <tr> <th colspan="3">Fugitive Dust</th> </tr> <tr> <td>DEQ Rule: OAC 252:100-29-2(a)</td> <td>--Using Reasonable Precautions-- No person shall cause or allow any fugitive dust source to be operated, or any substances to be handled, transported or stored, or any structure constructed, altered, or demolished to the extent that such operation or activity may enable fugitive dust to become airborne and result in air pollution, without taking reasonable precautions [examples listed in OAC 252:100-29-3(1) through (6)] to minimize or prevent pollution.</td> <td>Immediately</td> </tr> <tr> <td>DEQ Rule: OAC 252:100-29-2(c)(1)</td> <td>--Visible Fugitive Dust Leaving Property-- No person shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate in such a manner as to damage or to interfere with the use of adjacent property.</td> <td>Immediately</td> </tr> <tr> <th colspan="3">Highway Spill Remediation</th> </tr> <tr> <td>DEQ Rule: OAC 252:210-1-(c)(1)-(2)</td> <td>Any business that provides services to contain, remove and/or remediate spills of hazardous materials on highways in Oklahoma;and Any person who owns or operates those businesses or is employed by them to perform such containment and/or remediation services.</td> <td>Immediately</td> </tr> <tr> <th colspan="3">Open Burning</th> </tr> <tr> <td>DEQ Rule: OAC 252:100-13-5</td> <td>The open burning of refuse and combustible materials is prohibited unless conducted in strict accordance with the conditions and requirements contained in 252:100-13-7 and 252:100-13-9. Under no circumstances shall the open burning of tires be allowed.</td> <td>Immediately</td> </tr> <tr> <th colspan="3">Open Dumping</th> </tr> <tr> <td>27A O.S. § 2-10-301(A)(1)</td> <td>-- Disposing -- No person shall dispose of solid waste at any site or facility other than a site or facility for which a permit for solid or hazardous waste disposal has been issued by the Department of Environmental Quality.</td> <td>15 days (Immediately for diesel and gasoline spills)</td> </tr> <tr> <td>27A O.S. § 2-10-301(A)(2)</td> <td>-- Owning and Operating -- No person shall own or operate a site or facility at which solid waste is disposed other than a site or facility for which a permit for solid or hazardous waste disposal has been issued by the Department.</td> <td>15 days (Immediately for diesel and gasoline spills)</td> </tr> <tr> <td>27A O.S. § 2-10-301(A)(3)</td> <td>-- Transporting -- No person shall knowingly transport solid waste to an unpermitted site or facility.</td> <td>15 days (Immediately for diesel and gasoline spills)</td> </tr> <tr> <th colspan="3">Sewage</th> </tr> <tr> <td>27A O.S. § 2-6-403(A)</td> <td>-- Installing Unapproved System -- No small public sewage system or private individual sewage disposal system shall be constructed or operated unless such system, when constructed, complies with requirements prescribed by the Environmental Quality Board or a person authorized by the Department.</td> <td>15 days</td> </tr> <tr> <td>27A O.S. § 2-6-501(D)</td> <td>-- Surfacing/Discharging Sewage -- The discharge of domestic sewage except 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 of Section 2-6-105 of this title.</td> <td>15 days (Immediately if into a waterway or storm drain)</td> </tr> <tr> <td>DEQ Rule: OAC 252:641-1-4</td> <td>-- Operating and Maintaining -- On-site sewage disposal systems shall be maintained and operated properly so that sewage or effluent from the system is properly treated and does not surface, pool, flow across the ground or discharge to surface waters.</td> <td>15 days</td> </tr> <tr> <td>DEQ Rule: OAC 252:641-10-3</td> <td>Mandatory Two Year Maintenance The installer of any aerobic treatment system shall maintain the aerobic treatment system for a period of two years following the date the system was installed at no additional cost to the owner.</td> <td>30 days to submit documentation showing maintenance completed</td> </tr> <tr> <td>59 O.S. § 1158(A)</td> <td>--Installing >10 Systems w/o Certification-- [A]ny person, before [installing] individual sewage disposal systems, shall first obtain certification from the [DEQ]. The provisions of this subsection shall only apply to persons who install more than ten individual sewage disposal systems per calendar year.</td> <td>Immediately</td> </tr> </table> October 12, 2023 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Kenneth Barnett 247 Chouteau Dr. Chouteau, OK 74337 RE: Surfacing Sewage in Mayes County, Oklahoma DEQ Complaint Numbers ("Nos."). 178771, 178776, and 178850 DEQ Case No. 23-110 NOTICE OF NON-COMPLIANCE Dear Mr. Barnett: On June 19, 2023, the State of Oklahoma, ex rel. Department of Environmental Quality ("DEQ") filed a signed Consent Order ("CO") Case No. 23-110 in which you agreed to: take all necessary steps to prevent sewage from surfacing, employ water conservation measures to limit the amount of discharge and ensure that sewage does not flow off the property, repair or replace the on-site sewage treatment system by July 15, 2023, obtain an Authorization to Construct or Modify an On-site Sewage Treatment System and notify DEQ prior to beginning construction, and ensure that the repaired or replaced system is available to DEQ for inspection prior to backfilling. In the CO, you also agreed to pay DEQ an assessed penalty in the amount of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00), which DEQ agreed to waive if you complied with the terms of the CO. On August 17, 2023 and September 25, 2023, DEQ personnel inspected the property and observed that you have failed to take all necessary steps to prevent sewage from surfacing, employ water conservation measures to limit the amount of discharge and ensure that sewage does not flow off the above-described property, and repair or replace the on-site sewage treatment system by July 13, 2023, indicating that you have not complied with your CO. As such, DEQ is not waiving the above-stated penalty. Please contact Amanda Baker, Environmental Programs Specialist, within fifteen (15) days of receipt of this letter at 918-772-6440 or at the address listed on the letterhead to discuss your progress in coming into compliance. You may submit payment for the penalty of ONE THOUSAND EIGHT HUNDRED DOLLARS ($1,800.00) by submitting a check or money order (referencing the above case number and made payable to THE DEPARTMENT OF ENVIRONMENTAL QUALITY REVOLVING FUND) (invoice enclosed) within the next thirty (30) days to avoid receiving further collection notices. Your payment should be mailed to the following address: Accounts Receivable State of Oklahoma Department of Environmental Quality P.O. Box 2036 Oklahoma City, Oklahoma 73101-2036 Thank you in advance for your cooperation in this matter. Sincerely, Mark A. Hildebrand Mark Hildebrand, Division Director Environmental Complaints and Local Services cc: Ashley Harris, ECLS Central Record, Enforcement file October 10, 2023 Kenneth Barnett 247 Chouteau Dr Chouteau, OK 74337 Invoice #: FI 3773 Case #: 23-110 Amount Owed: $1,800.00 PLEASE NOTE: According to our records, you have been assessed an administrative cash penalty in the above referenced case. Please submit full payment within the next thirty (30) days to the address listed below. To ensure that you are properly credited for your payment, please enclose the bottom portion of this letter with your payment. Please be advised that, pursuant to OAC 252:4-7-15, failure to pay this in full may result in the suspension of your privilege to obtain a permit, authorization or license from OKDEQ. DETACH AND RETURN BOTTOM HALF THANK YOU FOR YOUR PROMPT PAYMENT! FOR DEQ USE ONLY RECEIPT # __________________________ FI 3773 $1,800.00 23-110 Kenneth Barnett Please Remit Payment to: Oklahoma Department of Environmental Quality ATTN: Christy Callahan-ECLS P.O. Box 2036 Oklahoma City, OK 73101-2036 (405) 702-6191 FAX Number: (405) 702-7120 METHOD OF PAYMENT Please select one form of payment: ☐ Check or Money Order No. ________________ (Enclosed) __________________________________________ _________________________________________ Name on Card Authorized Signature VISA OR MASTERCARD ONLY Expiration Date ☐/☐/☐ (Mo/Yr) ☐ Credit or Debit Card No. __________________________