2019 Oklahoma Statutes
Title 17. Corporation Commission
§17-306. Corporation Commission Petroleum Storage Tank Division - Powers and duties.

Within its jurisdictional areas of responsibility, the Corporation Commission Petroleum Storage Tank Division shall have the power and duty to:

1. Issue, renew, deny, modify, suspend, refuse to renew and revoke licenses, registrations and permits pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act and rules promulgated pursuant thereto;

2. Enter at any reasonable time upon any public or private property for the purpose of inspecting and investigating storage tank system monitoring or remediation equipment and taking such samples as may be necessary to determine compliance with the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, and rules promulgated pursuant thereto;

3. Request issuance of an administrative warrant or search warrant as may be necessary by Commission application after notice and hearing to allow entry, inspection, testing, sampling, or copying on public or private property;

4. Have access to and copy any records required to be maintained pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act or rules promulgated pursuant thereto;

5. Cause investigations, inquiries and inspections to be made. Inspect any equipment, practice or method prior to implementation which is required by the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act or rules promulgated pursuant thereto;

6. Have the right to access any property which has or may have had a petroleum storage tank system, a suspicion of release or a confirmed release from a petroleum storage tank system on the premises, and inspect any monitoring equipment, conduct sampling or tests to identify any actual or suspected release of a regulated substance;

7. Investigate alleged violations of the Oklahoma Petroleum Storage Tank Consolidation Act. Employ, authorize or designate personnel to conduct inquiries, investigations, inspections, and to perform other acts that the Director of the Petroleum Storage Tank Division is authorized or required to conduct or perform, to make reports of compliance with the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act and rules promulgated pursuant thereto;

8. Within its discretion, report and request criminal prosecution proceedings to the district attorney having jurisdiction or to the Attorney General any act committed by any person, entity, owner, operator, employee or agent of a facility which may constitute a violation of the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, any order issued or rules promulgated pursuant thereto;

9. Advise, consult, assist, and cooperate with other agencies of this state, towns, cities, counties, industries, the federal government, other states and interstate agencies and with affected groups and political subdivisions regarding petroleum storage tank issues;

10. Financially assist other agencies and political subdivisions of the state where the Petroleum Storage Tank Division has jurisdiction;

11. Administer the Storage Tank Program in lieu of the federal government upon approval by the Environmental Protection Agency;

12. Promulgate and enforce rules to implement the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act;

13. Establish minimum standards and schedules for storage tank systems;

14. Require any owner or operator of a storage tank system within this state to:

a.submit such reports and information concerning the storage tank system as may be determined necessary by the Commission pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act or rules promulgated pursuant thereto,

b.perform tests, install release detection devices, and where appropriate, monitor the environment to ensure that a petroleum release is not occurring,

c.make timely reports to the Commission of contamination, releases, or testing and sampling events at or above Commission action levels,

d.temporarily or permanently cease operation of a storage tank system, modify and immediately remove or control any regulated substance that is found to be causing contamination when such cessation, removal or control is determined to be necessary by the Commission,

e.provide an alternate or temporary drinking water source to any person deprived of drinking water if it is found that such owner or operator is responsible for contaminating the drinking water source beyond applicable drinking water standards, or where no such standard exists, such standard as the Department of Environmental Quality shall determine,

f.take full corrective action if such owner or operator or other such responsible person is found to be responsible for the release, and

g.take appropriate action to temporarily relocate residents affected by the release;

15. Establish and enforce administrative penalties against any person or entity for violations pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, requirements, rules promulgated thereunder, or orders issued therefrom, including issuance of field citations by designated personnel for violations of the Oklahoma Petroleum Storage Tank Consolidation Act, including but not limited to the authority to shut down a storage tank system found to pose an imminent threat to the health, safety or the environment, to be operating a storage tank system for which permit fees have not been paid, or to be operating a storage tank system with an outstanding unpaid field citation or fine, or violation of a Commission requirement, rule or order. The Commission shall promulgate rules specifying the events that provide for storage tank system shutdown. Issuance or payment of field citations shall in no way preclude other enforcement proceedings, administrative penalties, fines or order of the Commission if an owner or operator fails to correct a violation or abate a threat to health, safety or the environment in a reasonable manner, as determined by the Commission. If a citation is issued or a facility is closed under the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, the owner or operator of the facility on application and notice of hearing to the Commission shall be afforded a hearing within ten (10) days of filing an application. Any penalties or fines assessed pursuant to this section shall be established by the Commission by rules promulgated pursuant to the Administrative Procedures Act;

16. Institute and maintain or intervene in any action or proceeding where deemed necessary by the Commission pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act to protect the health, safety and welfare of any resident of this state or the environment;

17. Review emergency response plans developed outside the Commission;

18. Establish a schedule of fees for issuance of any permit, license, inspection, form or registration in an amount to cover the costs of the Commission in administering the Oklahoma Petroleum Storage Tank Consolidation Act. Payment of the permitting fees for any storage tank system required pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act or to rules promulgated pursuant thereto shall prohibit the assessment of additional registration, inspection, licensing or permitting fees for such storage tank systems by any other agency or municipality of this state;

19. Create and implement an internally coordinated management system for the Petroleum Storage Tank Division;

20. When necessary, economically advantageous, reasonable and integral to a corrective action effort or to establish an alternative water supply, the Petroleum Storage Tank Division may, in the exercise of its powers for the performance of its duties as authorized by this section, purchase real property and easements, and if an owner/operator is unwilling, unknown, unavailable or financially unable, the Petroleum Storage Tank Division may arrange for the design, construction and operation of an alternative water supply system conjunctive with a corrective action effort and/or the establishment of an alternative water supply with funds from the Indemnity Fund. Provided, no real property shall be purchased by the Commission pursuant to this paragraph which will impose liability on the Commission, Petroleum Storage Tank Division, the Indemnity Fund or on the state for environmental claims or hazards. Disposition of property purchased by the Indemnity Fund shall be made by the Petroleum Storage Tank Division and the Office of Management and Enterprise Services. Proceeds from any sale shall be deposited to the credit of the Petroleum Storage Tank Indemnity Fund;

21. Acquire and sell personal property which has been purchased or obtained by a pay-for-performance contract pursuant to Section 327.3 of this title. Surplus personal property shall be disposed of by the Petroleum Storage Tank Division and the Office of Management and Enterprise Services pursuant to the Oklahoma Surplus Property Act. The proceeds of the sale shall be deposited in the Petroleum Storage Tank Indemnity Fund;

22. Implement and coordinate an Underground Storage Tank Operator Training Program pursuant to the provisions of Section 319 of this title, issue annual permits related thereto and assess any fees necessary for such training and permitting;

23. Encourage and conduct studies, investigations and research; and collect and disseminate information relating to petroleum-storage-tank-related contamination and its causes, effects, prevention, control and abatement;

24. Enter into agreements for, accept, use, disburse and administer grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and conduct in this state any program relating to petroleum storage tank regulation;

25. Determine, charge and receive fees to be collected for services, research and permits, to file other papers, to make copies of documents, to make prints of maps and drawings, and to certify copies of documents, maps and drawings as authorized by law;

26. Provide a toll-free phone number for petroleum-storage-tank-related complaints;

27. Develop standards for pipeline terminal and refinery delivery point metering and calibration and provide for appropriate inspection and regulation of such meters where the metered product is to be delivered to petroleum storage tanks; and

28. Exercise all incidental powers as necessary and proper for the administration of the Oklahoma Petroleum Storage Tank Consolidation Act.

Added by Laws 1989, c. 90, § 6, emerg. eff. April 21, 1989. Amended by Laws 1992, c. 406, § 2, emerg. eff. June 11, 1992; Laws 1993, c. 344, § 4, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 12, emerg. eff. June 9, 1998; Laws 2004, c. 430, § 2, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 2, eff. Nov. 1, 2005; Laws 2008, c. 307, § 2, eff. July 1, 2008; Laws 2018, c. 27, § 6, eff. Nov. 1, 2018; Laws 2019, c. 82, § 4, eff. July 1, 2019.