§ 17-318. Licensing of storage tank professionals - Contractors required to meet training and other requirements of federal and state laws and regulations.
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A. The Corporation Commission is authorized to develop and implement a program for the licensing of petroleum storage tank professionals. Persons licensed by the Commission as petroleum storage tank professionals shall be environmental professionals possessing such training, education and experience as may be required by the Commission. Environmental professionals from different fields possessing equal levels of education and experience, and maintaining or holding professional license, certification or registration, whether from a state agency or a recognized private organization, shall be subject to the same requirements to become licensed. Persons seeking to become licensed may be required to demonstrate knowledge of soil and water protection and remediation techniques and the regulation of petroleum storage tanks.
B. 1. The Commission may deny, suspend, revoke, or reinstate the license of a petroleum storage tank professional.
2. The Commission shall promulgate rules establishing the basis for denial, suspension, revocation, or reinstatement of a petroleum storage tank professional license, and establishing procedures for disciplinary actions.
3. The burden of proof in all proceedings brought pursuant to this section shall be clear and convincing evidence.
4. Proceedings relating to the suspension or revocation of a license issued pursuant to this section are subject to the hearing, penalty and enforcement provisions of the Storage Tank Regulation Act.
5. A person whose license has been revoked in a proceeding brought pursuant to this section may apply for a new license after the expiration of a term of no less than one (1) year and no more than five (5) years from the date of revocation, depending on the decision of the Director of the Petroleum Storage Tank Division of the Corporation Commission. Upon a subsequent determination of violation of:
a. the Oklahoma Storage Tank Regulation Act,
b. the Oklahoma Petroleum Storage Tank Indemnity Program, or
c. promulgated rules,
the Commission may, after notice and hearing, revoke a petroleum storage tank professional license for a term no less than five (5) years.
C. The Corporation Commission shall require that all contractors and their employees participating in the removal of storage tanks and the remediation of contaminated tank sites meet all training and other requirements of federal law and regulations and state statutes. The Commission may compile, maintain and make available to the public a list of contractors who have demonstrated to the Commission that they meet such requirements.
Added by Laws 1993, c. 344, § 14, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 375, § 24, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 13, eff. Nov. 1, 2005.