Okla. Stat. tit. 17, § 17-306

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;

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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:

Oklahoma Statutes - Title 17. Corporation Commission Page 217

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
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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

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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
the environment in a reasonable manner, as determined by the

Oklahoma Statutes - Title 17. Corporation Commission Page 218

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

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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
ees 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.