Okla. Stat. tit. 17, § 17-312
This is the official text of Okla. Stat. tit. 17, § 17-312, part of Oklahoma’s Stat. tit. 17, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 17,." Browse the sections below, each linked to its official government source.
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Enforcement of actions and remedies - Action for equitable
Official statutory text
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 brought by:
Oklahoma Statutes - Title 17. Corporation Commission Page 230
1. The district attorney of the appropriate district court of
the State of Oklahoma;
2. The Attorney General on behalf of the State of Oklahoma in
the appropriate district court of the State of Oklahoma; or
3. The Petroleum Storage Tank Division of the Corporation
Commission on behalf of the State of Oklahoma before an
administrative law judge of the Commission, or as otherwise
authorized by law.
B. The Division may bring an action before an administrative
law judge of the Commission, or in a court of competent jurisdiction
for equitable relief to redress or restrain a violation by any
person of a provision of the Oklahoma Petroleum Storage Tank
Consolidation Act or any rule promulgated or order issued pursuant
to the act. The administrative law judge or court has jurisdiction
to determine the action, and to grant the necessary or appropriate
relief, including but not limited to:
1. Enjoining further releases;
2. Ordering the design, construction, installation or operation
of alternate facilities;
3. Ordering the removal of facilities, contaminated soils and
the restoration of the environment;
4. Fixing and ordering compensation for any public or private
property destroyed, damaged or injured;
5. Except as otherwise provided by law, assessing and awarding
punitive damages pursuant to the Oklahoma Petroleum Storage Tank
Consolidation Act; and
6. Ordering reimbursement to any agency of federal, state or
local government from any person whose acts caused governmental
expenditures if not already reimbursed by any other state or federal
reimbursement program.
C. All judgments or fines assessed against any corporation,
person or firm for the violation of any order or regulation shall be
a first lien on all property of such corporation, person or firm
within the state, and it shall be the duty of the Corporation
Commission, if such judgment or fine is not paid within thirty (30)
days after the rendition of such judgment or fine, to issue an
execution, directed to the Marshal of the Corporation Commission,
commanding him or her to seize sufficient property of such
corporation, person or firm to satisfy the fine or judgment. It
shall be the duty of the Marshal to sell or dispose of properties
levied on by reason of an execution issued by the Commission, in
like manner as now required by sheriffs of this state, for the sale
of the property levied on by virtue of an execution issued on a
judgment of a district court.
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 brought by:
Oklahoma Statutes - Title 17. Corporation Commission Page 230
1. The district attorney of the appropriate district court of
the State of Oklahoma;
2. The Attorney General on behalf of the State of Oklahoma in
the appropriate district court of the State of Oklahoma; or
3. The Petroleum Storage Tank Division of the Corporation
Commission on behalf of the State of Oklahoma before an
administrative law judge of the Commission, or as otherwise
authorized by law.
B. The Division may bring an action before an administrative
law judge of the Commission, or in a court of competent jurisdiction
for equitable relief to redress or restrain a violation by any
person of a provision of the Oklahoma Petroleum Storage Tank
Consolidation Act or any rule promulgated or order issued pursuant
to the act. The administrative law judge or court has jurisdiction
to determine the action, and to grant the necessary or appropriate
relief, including but not limited to:
1. Enjoining further releases;
2. Ordering the design, construction, installation or operation
of alternate facilities;
3. Ordering the removal of facilities, contaminated soils and
the restoration of the environment;
4. Fixing and ordering compensation for any public or private
property destroyed, damaged or injured;
5. Except as otherwise provided by law, assessing and awarding
punitive damages pursuant to the Oklahoma Petroleum Storage Tank
Consolidation Act; and
6. Ordering reimbursement to any agency of federal, state or
local government from any person whose acts caused governmental
expenditures if not already reimbursed by any other state or federal
reimbursement program.
C. All judgments or fines assessed against any corporation,
person or firm for the violation of any order or regulation shall be
a first lien on all property of such corporation, person or firm
within the state, and it shall be the duty of the Corporation
Commission, if such judgment or fine is not paid within thirty (30)
days after the rendition of such judgment or fine, to issue an
execution, directed to the Marshal of the Corporation Commission,
commanding him or her to seize sufficient property of such
corporation, person or firm to satisfy the fine or judgment. It
shall be the duty of the Marshal to sell or dispose of properties
levied on by reason of an execution issued by the Commission, in
like manner as now required by sheriffs of this state, for the sale
of the property levied on by virtue of an execution issued on a
judgment of a district court.
Status: in_force · Read it on the official government site
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