Okla. Stat. tit. 17, § 17-322

- 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 Tank Division shall be funded by

available federal funds, grants, fees, and appropriations.

B. 1. The Petroleum Storage Tank Division shall be the sole

division of the Commission with jurisdiction over releases and

spills from petroleum storage tanks.

2. The acts and programs specified by this paragraph shall

constitute a part of the Oklahoma Petroleum Storage Tank

Consolidation Act and shall be subject to the jurisdiction of the

Division. This jurisdiction shall include, but not be limited to,

the administration of the following previous acts, programs, funds

and inspections:

Oklahoma Statutes - Title 17. Corporation Commission Page 236

a. the Oklahoma Petroleum Storage Tank Regulation Act,

b. the Oklahoma Petroleum Storage Tank Reform Act,

c. the Oklahoma Petroleum Storage Tank Release Indemnity

Fund Program,

d. the Oklahoma Petroleum Storage Tank Release

Environmental Cleanup Indemnity Fund,

e. the Oklahoma Storage Tank Regulation Revolving Fund,

f. the Oklahoma Leaking Underground Storage Tank Trust

Fund,

g. the Oklahoma Leaking Underground Storage Tank Trust

Revolving Fund,

h. Compliance and Inspection,

i. Petroleum Storage Tank Registration, Licensing, and

j. Antifreeze.

3. All positions in the Petroleum Storage Tank Division shall

be unclassified. Those employees who are classified on the

effective date of this act may elect to remain classified pursuant

to Section 840-4.2 of Title 74 of the Oklahoma Statutes.

4. All rules promulgated and orders entered by the Oklahoma

Corporation Commission prior to the effective date of this act

related to the programs, funds and services of the Petroleum Storage

Tank Division and shall remain in full force and effect until

overturned, amended, modified, revoked or repealed by the

Corporation Commission and shall be enforced by the Petroleum

Storage Tank Division.

C. 1. The Director of the Petroleum Storage Tank Division

shall be appointed by the Director of Administration of the

Corporation Commission. All other employees of the Petroleum

Storage Tank Division shall be hired by the Director of the

Petroleum Storage Tank Division.

2. The Director shall provide for the administration of the

Petroleum Storage Tank Division and shall:

a. develop the organizational framework of the Petroleum

Storage Tank Division,

b. define duties and set salaries of employees, to employ

a sufficient number of employees to accomplish the

duties and responsibilities of the programs, funds and

services of the Petroleum Storage Tank Division,

including but not limited to such assistants,

chemists, geologists, hydrologists, storage tank

professionals, engineers, administrative, clerical and

technical personnel, investigators, aides and such

other personnel, either on a full-time, part-time, fee

or contractual basis, as in the judgment and

discretion of the Director shall be deemed necessary,

expedient, convenient or appropriate to the

performance or carrying out of any of the purposes,

Oklahoma Statutes - Title 17. Corporation Commission Page 237

objectives, responsibilities or statutory provisions

relating to the Petroleum Storage Tank Division,

c. establish internal policies and procedures for the

proper and efficient administration of the Division,

d. clearly delineate the duties and responsibilities of

the various programs as prescribed by law within the

jurisdiction of the Division,

e. create and implement an internal coordinated

management system among the Storage Tank Regulation

Program and the Indemnity Fund,

f. the Indemnity Fund Administrator and all other

employees of the Indemnity Fund shall be hired by the
of the Division,

d. clearly delineate the duties and responsibilities of

the various programs as prescribed by law within the

jurisdiction of the Division,

e. create and implement an internal coordinated

management system among the Storage Tank Regulation

Program and the Indemnity Fund,

f. the Indemnity Fund Administrator and all other

employees of the Indemnity Fund shall be hired by the

Director of the Petroleum Storage Tank Division of the

Corporation Commission,

g. Indemnity Fund employees shall be in the unclassified

service and shall be exempt from the agency full-time-

equivalent limit. All employees involved in reviewing

and approving claims and in the approval and issuance

of payments shall be employees of the Indemnity Fund

under the supervision of the Director or Director's

designee,

h. the Director is authorized to employ temporary

workers, contract labor, or to contract with a private

company as may be prudent to properly administer the

Indemnity Fund, and

i. exercise all incidental powers which are necessary and

proper to implement the purposes of the Division

pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act and to implement all programs within

the Division's jurisdiction.