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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 17. CORPORATION COMMISSION

  § 17-312. Enforcement of actions and remedies - Action for equitable relief - Jurisdiction - Relief.  

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  • A.  Enforcement of any action for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Oklahoma Storage Tank Regulation Act, Section 301 et seq. of this title, or rule promulgated thereto may be brought by:

    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 Storage Tank Regulation 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 Storage Tank Regulation 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.

Added by Laws 1989, c. 90 § 12, emerg. eff. April 21, 1989.  Amended by Laws 1993, c. 344, § 10, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 19, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 9, eff. Nov. 1, 2005.