Okla. Stat. tit. 52, § 52-317.1
This is the official text of Okla. Stat. tit. 52, § 52-317.1, part of Oklahoma’s Stat. tit. 52, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 52,." Browse the sections below, each linked to its official government source.
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Seeping natural gas - Jurisdiction, power, and authority
Official statutory text
of the Corporation Commission.
A. The Corporation Commission is vested with jurisdiction,
power, and authority, and it shall be its duty, to promulgate and
enforce rules, and issue and enforce orders relating to seeping
natural gas.
B. For purposes of this section, "seeping natural gas" shall
mean natural gas which has migrated into, under, or around a
structure at hazardous concentrations.
C. The jurisdiction, power, and authority of the Commission
shall extend to responding to any occurrences of seeping gas and
coordinating response efforts of private industry, state, county,
municipal, and local government entities. The Commission is
authorized to investigate seeping natural gas occurrences as
provided for in this section and to order any person responsible for
a facility which is found to be causing a seeping natural gas
occurrence to abate the hazard.
D. The Commission is authorized to form emergency response
teams to immediately respond to seeping natural gas occurrences as
provided for in this section.
E. 1. When there is an occurrence of seeping natural gas, the
Commission shall seek to abate the hazard by:
a. issuing an order to a responsible person pursuant to
subsection C of this section, or
b. plugging a well if the source of the seeping natural
gas is a well drilled for the exploration or
production of oil or gas, including an injection or
disposal well.
2. If the Commission is unable to abate the hazard of a seeping
natural gas occurrence as provided for in paragraph 1 of this
subsection, the Commission may expend funds from the Corporation
Commission Plugging Fund as provided for in Section 180.10 of Title
17 of the Oklahoma Statutes for the cost of installing a system to
divert natural gas away from a structure or otherwise abate the
hazards.
3. The Commission may seek reimbursement of expenditures made
by the Commission pursuant to this subsection from a responsible
person who has not complied with an order issued pursuant to
subsection C of this section. Any monies received as reimbursement
Oklahoma Statutes - Title 52. Oil and Gas Page 162
shall be deposited to the credit of the Corporation Commission
Plugging Fund.
4. The Commission shall promulgate rules defining the criteria
for determining the eligibility of the owner of a structure for
assistance pursuant to this subsection. Eligibility shall be
determined based on the nature and extent of the hazard, the
financial need of the owner of the structure, and other relevant
factors.
F. The Commission shall not be responsible for damages to land
or improvements resulting from the investigation of seeping natural
gas occurrences as provided for in this section. Any person
entering upon the land pursuant to the authority of the Commission
under this section shall not be liable or held responsible for any
damages resulting from operations reasonably necessary or proper for
the investigation of the seeping natural gas occurrence or the
abatement of associated hazards.
G. Any person entering upon the land to investigate or abate
the associated hazards of a seeping natural gas occurrence, pursuant
to the authority of the Commission under this section, shall not be
held to have assumed responsibility for future abatement work on the
land or be liable for damages or otherwise for conditions
subsequently arising from or in connection with the land.
H. Nothing in this section shall relieve any person or persons
otherwise legally responsible from any obligation to properly abate
hazards associated with seeping natural gas.
I. The term "person" as used in this section means any
individual, business association or corporation, partnership,
governmental or political subdivision, public corporation, body
politic and corporate public authority, trust or any other legal
entity.
A. The Corporation Commission is vested with jurisdiction,
power, and authority, and it shall be its duty, to promulgate and
enforce rules, and issue and enforce orders relating to seeping
natural gas.
B. For purposes of this section, "seeping natural gas" shall
mean natural gas which has migrated into, under, or around a
structure at hazardous concentrations.
C. The jurisdiction, power, and authority of the Commission
shall extend to responding to any occurrences of seeping gas and
coordinating response efforts of private industry, state, county,
municipal, and local government entities. The Commission is
authorized to investigate seeping natural gas occurrences as
provided for in this section and to order any person responsible for
a facility which is found to be causing a seeping natural gas
occurrence to abate the hazard.
D. The Commission is authorized to form emergency response
teams to immediately respond to seeping natural gas occurrences as
provided for in this section.
E. 1. When there is an occurrence of seeping natural gas, the
Commission shall seek to abate the hazard by:
a. issuing an order to a responsible person pursuant to
subsection C of this section, or
b. plugging a well if the source of the seeping natural
gas is a well drilled for the exploration or
production of oil or gas, including an injection or
disposal well.
2. If the Commission is unable to abate the hazard of a seeping
natural gas occurrence as provided for in paragraph 1 of this
subsection, the Commission may expend funds from the Corporation
Commission Plugging Fund as provided for in Section 180.10 of Title
17 of the Oklahoma Statutes for the cost of installing a system to
divert natural gas away from a structure or otherwise abate the
hazards.
3. The Commission may seek reimbursement of expenditures made
by the Commission pursuant to this subsection from a responsible
person who has not complied with an order issued pursuant to
subsection C of this section. Any monies received as reimbursement
Oklahoma Statutes - Title 52. Oil and Gas Page 162
shall be deposited to the credit of the Corporation Commission
Plugging Fund.
4. The Commission shall promulgate rules defining the criteria
for determining the eligibility of the owner of a structure for
assistance pursuant to this subsection. Eligibility shall be
determined based on the nature and extent of the hazard, the
financial need of the owner of the structure, and other relevant
factors.
F. The Commission shall not be responsible for damages to land
or improvements resulting from the investigation of seeping natural
gas occurrences as provided for in this section. Any person
entering upon the land pursuant to the authority of the Commission
under this section shall not be liable or held responsible for any
damages resulting from operations reasonably necessary or proper for
the investigation of the seeping natural gas occurrence or the
abatement of associated hazards.
G. Any person entering upon the land to investigate or abate
the associated hazards of a seeping natural gas occurrence, pursuant
to the authority of the Commission under this section, shall not be
held to have assumed responsibility for future abatement work on the
land or be liable for damages or otherwise for conditions
subsequently arising from or in connection with the land.
H. Nothing in this section shall relieve any person or persons
otherwise legally responsible from any obligation to properly abate
hazards associated with seeping natural gas.
I. The term "person" as used in this section means any
individual, business association or corporation, partnership,
governmental or political subdivision, public corporation, body
politic and corporate public authority, trust or any other legal
entity.
Status: in_force · Read it on the official government site
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