§ 17-306. Corporation Commission - Powers and duties.

In addition to other powers and duties prescribed by law, the Corporation Commission shall have the power and duty to:

1.  Issue, renew, deny, modify, suspend, refuse to renew and revoke permits for storage tank systems pursuant to the provisions of the Oklahoma Storage Tank Regulation 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 Storage Tank Regulation 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;

4.  Have access to and copy any records required to be maintained pursuant to the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated pursuant thereto;

5.  Inspect any equipment, practice or method prior to implementation which is required by the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated pursuant thereto;

6.  Have access to and inspect any monitoring stations, samples, or conduct tests to identify any actual or suspected release of a regulated substance;

7.  Employ or designate personnel to conduct investigations and inspections, to make reports of compliance with the provisions of the Oklahoma Storage Tank Regulation Act and rules promulgated pursuant thereto;

8.  Within its discretion, report to the district attorney having jurisdiction or to the Attorney General any act committed by an owner, operator or employee of a facility which may constitute a violation of the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated pursuant thereto;

9.  Advise, consult, assist, and cooperate with other agencies of this state, the federal government, other states and interstate agencies and with affected groups and political subdivisions to further the purposes of the provisions of the Oklahoma Storage Tank Regulation Act;

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 Storage Tank Regulation Act;

13.  Establish minimum standards and schedules for storage tank system;

14.  Require any owner or operator of a storage tank system within this state to:

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 Storage Tank Regulation Act or rules promulgated pursuant thereto,

b.perform tests, install release detection devices, and where appropriate, monitor the environment to ensure that pollution is not occurring,

c.make timely reports to the Commission of pollution, 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 pollution 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 polluting 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 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 for violations pursuant to the provisions of the Oklahoma Storage Tank Regulation Act, including issuance of field citations by designated personnel for violations of the Oklahoma Storage Tank Regulation Act, including but not limited to the authority to close a facility 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.  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 Commission.  If a citation is issued or a facility is closed under the provisions of the Oklahoma Storage Tank Regulation Act, the owner or operator of the facility on application 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 Storage Tank Regulation Act to protect the health, safety and welfare of any resident of this state or the environment;

17.  Prepare an emergency response plan for spills or releases of regulated substances or review emergency response plans developed outside the Commission;

18.  Establish a schedule of fees for issuance of any permit required pursuant to the provisions of the Oklahoma Storage Tank Regulation Act.  The fees shall be in an amount to cover the costs of the Commission in administering the Oklahoma Storage Tank Regulation Act.  Payment of the permitting fees for any storage tank system required pursuant to the provisions of the Oklahoma Storage Tank Regulation Act or to rules promulgated pursuant thereto shall prohibit the assessment of additional 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 between the Storage Tank Regulation Program and the Oklahoma Petroleum Storage Tank Release Indemnity Program;

20.  When necessary, economically advantageous, reasonable and integral to a remediation effort or to establish an alternative water supply, the Petroleum Storage Tank Division may 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 remediation effort and/or the establishment of an alternative water supply with funds from the Petroleum Storage Tank Indemnity Fund.  Provided, no real property shall be purchased by the Commission pursuant to this paragraph which will impose liability on the Petroleum Storage Tank Indemnity Fund or on the state for environmental claims or hazards.  Disposition of property purchased by the Petroleum Storage Tank Indemnity Fund shall be made pursuant to the provisions of Section 129.4 of Title 74 of the Oklahoma Statutes.  Proceeds from any sale shall be deposited to the credit of the Petroleum Storage Tank Indemnity Fund;

21.  Implement and coordinate an Underground Storage Tank Operator Training Program pursuant to the provisions of Section 6 of this act, issue annual permits related thereto and assess any fees necessary for such training and permitting; and

22.  Exercise all incidental powers as necessary and proper for the administration of the Oklahoma Storage Tank Regulation Act.

Added by Laws 1989, c. 90, § 6, emerg. eff. April 21, 1989.  Amended by Laws 1992, c. 406, § 2, emerg. eff. June 11, 1992; Laws 1993, c. 344, § 4, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 12, emerg. eff. June 9, 1998; Laws 2004, c. 430, § 2, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 2, eff. Nov. 1, 2005; Laws 2008, c. 307, § 2, eff. July 1, 2008.