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§47-177.3.
§47-177.3.
A. It shall be unlawful for a motor carrier, whether private, common,
or contract, to dump, disperse, or otherwise release substances
described in Section 177.2 of this title upon a public highway or
elsewhere except on property or in wells, reservoirs, or other
receptacles owned, held, leased, or otherwise rightfully and legally
available to the motor carrier for such use and purpose.
B. It shall be unlawful for any motor truck or tank vehicle used to
transport substances described in Section 177.2 of this title to have
a release device located or operated in any manner from within the cab
of such a motor vehicle.
C. Any violation of the provisions of subsections A or B of this
section shall constitute a misdemeanor. It shall be the duty of the
prosecuting attorney of the county in which a violation of the
provisions of this section occurs to file and prosecute the
aforementioned misdemeanor charge and advise the Commission of such
action and the results thereof.
D. The Oklahoma Corporation Commission may initiate contempt
proceedings for any violation concerning disposal by a carrier of a
substance described in Section 177.2 of this title. The first
violation proven by the Commission in any calendar year shall result
in a motor carrier or private carrier being warned by the Commission
and, upon conviction, fined up to Two Thousand Five Hundred Dollars
($2,500.00). A second violation proven by the Commission in any
calendar year shall result in a motor carrier or private carrier being
placed on probation and fined up to Five Thousand Dollars ($5,000.00)
by the Commission. A third violation proven by the Commission in any
calendar year shall result in a fine of up to Twenty Thousand Dollars
($20,000.00), and, at the discretion of the Commission, cancellation
of the carrier's license for a period up to one (1) year and
cancellation of a motor carrier or private carrier deleterious
substance transport permit. The driver of a truck, who is not the
owner of the vehicle used in violation of this section or any of the
rules and regulations of the Oklahoma Corporation Commission, shall be
adjudicated a codefendant and subject to a fine equal to ten percent
(10%) of the fine assessed to the owner of such vehicle, up to Five
Hundred Dollars ($500.00).
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