Title 17 — Title 17 — Corporation Commission

Consolidation Act - Oklahoma Petroleum Storage Tank Division – Responsibilities of Division. A. Sections 301 through 348.9 of this title shall be known and may be cited as the "Oklahoma Petroleum Storage Tank Consolidation Act". B. For the purposes of implementing the Oklahoma Pe…

A. The Legislature finds that the release of regulated substances from storage tanks into the surface water, groundwater, air and subsurface soils of this state poses a potential threat to the environment, health, safety and welfare of the residents of this state. Therefore the L…

As used in the Oklahoma Petroleum Storage Tank Consolidation Act: 1. "Abandoned system" means a storage tank system which: a. has been taken permanently out of service as a storage vessel for any reason or is not intended to be returned to service, b. has been out of service for …

The provisions of the Oklahoma Petroleum Storage Tank Consolidation Act shall not apply to: 1. Septic tank systems; 2. Pipeline facilities; 3. Surface impoundments, pits, ponds or lagoons; 4. Stormwater and wastewater collection systems; 5. Flow-through process tank systems; 6. L…

Promulgation of new rules. A. All aboveground storage tanks utilized by marinas which are required to be upgraded before July 15, 2007, pursuant to the provisions of permanent Rule OAC 165:26-8-2 and required to meet certain design requirements pursuant to the provisions of perma…

Quality designated as state agencies to administer certain federal programs. Within their respective jurisdictional areas, the Corporation Commission and the Department of Environmental Quality are hereby designated as the state agencies to administer subtitle I of Title VI of th…

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 th…

agricultural purposes - Permit fee. Owners of storage tank systems over eleven hundred (1100) gallons containing regulated substances when the regulated substances are used for agricultural purposes and not for resale shall be required to pay a permit fee of not more than Ten Dol…

systems. A. The Corporation Commission shall promulgate rules governing storage tank systems. The Commission's rules shall, at a minimum, include the following provisions: 1. Requirements that release detection methods or equipment or both such methods and equipment, adequate to …

responsibility coverage. A. 1. Except as otherwise provided by this subsection, no storage tank system or facility shall be operated without a permit from the Corporation Commission. 2. A storage tank system is not required to be permitted if the tank system: a. does not contain …

fees - Penalties. A. An annual permit fee of not more than Twenty-five Dollars ($25.00) per tank shall be assessed by the Corporation Commission upon each owner or operator of a storage tank system for regulated substances. Such fee shall be assessed upon each storage tank or sto…

A. No person including but not limited to the owner or operator, employee or agent of such owner or operator, or transporter shall knowingly allow a release or suspicion of a release from a storage tank system to occur or continue to occur without reporting the release or suspici…

The Corporation Commission shall employ two Senior Utility Rate Analysts. Said positions shall be in the unclassified service and shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation bill. Any person filling said p…

Failure to take corrective action - Hearings - Orders. A. If upon inspection or investigation, or whenever the Corporation Commission determines that there are reasonable grounds to believe that a storage tank system owner, operator or responsible person is in violation of the Ok…

Compensation. A. 1. The Commission shall provide notice and an opportunity for hearing to: a. the surface owner of real property where any corrective action is to be taken if such person is not the owner or operator of the storage tank system, and b. the owner of real property ad…

A. Any person who has been determined by the Corporation Commission to have violated any provisions of the Oklahoma Petroleum Storage Tank Consolidation Act or any rule promulgated or order issued pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act…

relief - Jurisdiction - Relief. A. Enforcement of any action for an injunction or recovery of any administrative fine or civil penalty assessed pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et seq. of this title, or rule promulgated thereto may be…

Confidentiality - Disclosure to federal or state representatives. A. Any records, reports or information obtained pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act shall be available to the public except as provided in subsection B of this section. B. Upon a showi…

The Corporation Commission shall prepare an annual compilation of new reported releases at the end of the fiscal year, make available to the public and provide that report to the Storage Tank Advisory Council, the Legislature and to the Governor. The report shall contain: 1. The …

There is hereby created in the State Treasury a revolving fund for the Corporation Commission, to be designated the "Corporation Commission Storage Tank Revolving Fund", (Storage Tank Revolving Fund). The fund shall be a continuing fund, not subject to fiscal year limitations, an…

No county, incorporated or nonincorporated municipality, state agency or political subdivision shall enact ordinances or promulgate any rules, ordinances, regulations or requirements governing any aspect of petroleum storage tank system regulation within the State of Oklahoma tha…

1992.

required to meet training and other requirements of federal and state laws and regulations. A. 1. The Corporation Commission is authorized to implement a program for the licensing of petroleum storage tank professionals. Persons licensed by the Commission as environmental consult…

A. The Corporation Commission is authorized to implement an Underground Storage Tank Operator Training Program as required to comply with the provisions of the federal Energy Policy Act of 2005. B. The Commission shall develop a training program within their agency it deems appro…

A. The Corporation Commission shall employ one (1) Director of Administration. Said position shall be in the unclassified service. B. The Director of Administration shall be required to hold at least a bachelor's degree in marketing, business administration, accounting, personnel…

A. It is the intent of the Legislature that the regulation of spills and releases from petroleum storage tanks, oversight of petroleum storage tank environmental cleanups, and the reimbursement of claims for costs incurred for petroleum storage tank environmental cleanups be admi…

- Powers and duties. A. 1. Effective July 1, 1998, there is hereby established the Petroleum Storage Tank Division within the Corporation Commission, which shall have separate budget activities and subactivities from any other division of the Commission. 2. The Petroleum Storage …

17 O.S. § 323 Repealed by Laws 2018, c. 27, § 58, eff. Nov. 1, 2018

Administrator – Composition of fund. A. Monies in the Petroleum Storage Tank Indemnity Fund shall only be expended for: 1. Reimbursements to eligible persons, unless duly assigned to another, for eligible expenses including the costs to identify and confirm the existence of a sus…

A. The Director of the Petroleum Storage Tank Division shall make a written report on an annual basis to the Corporation Commissioners, the Storage Tank Advisory Council, the Speaker of the House of Representatives and the President Pro Tempore of the Senate detailing the followi…

2004.

Petroleum Storage Tank Indemnity Fund. A. Any Petroleum Storage Tank Indemnity Fund bill which would change the distribution of the assessment imposed pursuant to the provisions of Section 327.1 of this title and decrease the amount required to be deposited in the Petroleum Stora…

A. Except as otherwise provided by this section, there shall be an assessment of one cent ($0.01) per gallon upon the sale of each gallon of motor fuel used or consumed in this state. The assessment imposed pursuant to the provisions of this section shall be for the purposes of p…

A. It shall be the duty of every supplier, licensed importer or any other appropriate person under this act to precollect and remit any assessment so precollected pursuant to the provisions of this act and Section 327.1 of this title and make and submit an assessment collection r…

release. A. The Oklahoma Petroleum Storage Tank Indemnity Program shall provide reimbursement to eligible persons for allowable costs resulting from an eligible release pursuant to the provisions of this section. B. 1. The Oklahoma Petroleum Storage Tank Indemnity Fund: a. may re…

Upon a showing satisfactory to the Corporation Commission by any person that records, reports or information, or a particular part thereof, if made public, would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend …

A. Payment of any claim from the Indemnity Fund shall be subject to the Indemnity Fund acquiring by subrogation the right to recover from any person any amounts paid by the Indemnity Fund to or on behalf of any eligible person which may be determined to be fraudulent, reimbursabl…

Oklahoma Leaking Underground Storage Tank Revolving Fund. A. There is hereby created in the State Treasury a fund for the Corporation Commission to be designated the "Oklahoma Leaking Underground Storage Tank Trust Fund". The fund shall be a continuing fund, not subject to fiscal…

location. Each Corporation Commissioner is hereby authorized to employ one (1) Administrative Aide. Said positions shall be in the unclassified service and each shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation …

A. In every case requiring the exercise of its adjudicative authority pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, the Corporation Commission shall: 1. Require that any person protesting a case shall file a response or notice of protest at least five (5) day…

Regulatory Policies Act and Residential Energy Conservation Program. The Oklahoma Corporation Commission shall have the power to implement and administer the Public Utility Regulatory Policies Act (P.L. 95-617) and the Residential Energy Conservation Program, 42 U.S.C., Sections …

Project. A. Prior to July 1, 1991, full-time-equivalent employee positions filled contingent upon the procurement of funding provided under the Federal Underground Injection Control Program shall be in the unclassified service and not subject to the provisions of the Oklahoma Per…

Authority - Rules - Expenses. A. 1. There is hereby created within the Corporation Commission the Storage Tank Advisory Council. The Council shall consist of eleven (11) members. 2. Three members shall be appointed by the Governor, four members shall be appointed by the Speaker o…

substances not in compliance. It shall be unlawful for any person, firm or corporation in the State of Oklahoma to sell, offer for sale, use or consume any regulated substances manufactured in this state or brought into it unless the same complies with the rules of the Corporatio…

For the purpose of enforcing the fuel inspection laws of the State of Oklahoma, the Corporation Commission Petroleum Storage Tank Division shall appoint and assign fuel inspection and compliance personnel sufficient to discharge the duties and obligations of the Commission regard…

in regulated field. The employees of the Petroleum Storage Tank Division shall not engage in any job or business in an industry or engage in a profession in any area or field regulated by the Petroleum Storage Tank Division of the Corporation Commission. Added by Laws 2018, c. 27…

If any section, paragraph, sentence, or phrase of Section 301 et seq. of this title shall be declared unconstitutional or void, for any reason, by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence, or p…

A. Jurisdiction is conferred upon the Corporation Commission, and the same is authorized and empowered, to prescribe and promulgate rules and specifications for safety and quality with reference to regulated substances as it may deem proper from time to time. The Corporation Comm…

- Penalties. A. It shall be unlawful for any person to sell, or offer for sale, any regulated substance without first having had the same inspected and any liquid intended to be mixed with any regulated substance to form a mixture designed to be used as in internal combustion eng…

A. Any dealer in or manufacturer or other person in possession of regulated substances who refuses to admit an inspector upon the premises to perform the duties of the inspector shall, for each refusal to admit on his or her premises, or obstruction offered to an inspector, be gu…