§ 17-322. Petroleum Storage Tank Division - Jurisdiction - Director - 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 Reform 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:

a.the Oklahoma Storage Tank Regulation Act,

b.the Oklahoma Petroleum Storage Tank Release Indemnity Program,

c.the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund,

d.Oklahoma Storage Tank Regulation Revolving Fund,

e.the Oklahoma Leaking Underground Storage Tank Trust Fund,

f.Fuel Inspection and Fuel Laboratory, and

g.Storage Tank Registration.

All of the powers and duties associated with the administration of these programs, funds and services are hereby transferred to the Petroleum Storage Tank Division, together with all unexpended funds, property, records and any outstanding financial obligations and encumbrances related to the activities of each.

3.  All personnel currently employed in these programs are hereby transferred to the new Petroleum Storage Tank Division.  All positions in the Petroleum Storage Tank Division, except for fuel specialists who inspect fuel storage tanks and pumps for the Fuel Division, shall be unclassified.  Those employees who are classified at the time of their transfer to the Petroleum Storage Tank Division by 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 transferred by this section shall be transferred to 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Storage Tank Division and shall remain in full force and effect until overturned, amended, modified, revoked or repealed by the Corporation Commission and shall be enforced by the Petroleum Storage Tank Division.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 General Administrator of the Corporation Commission from a list of at least three candidates recruited and screened by the Office of Management and Enterprise Services.  The Office of Management and Enterprise Services shall develop such employment qualifications and standards for education and experience for the position of Director of the Petroleum Storage Tank Division as are appropriate based upon the responsibilities and duties of the Director pursuant to this act.  Minimum qualifications for the Director shall include a bachelor's degree from an accredited college or university and five (5) years' experience in a supervisory capacity in an administrative, personnel management or regulatory position, or an attorney with at least ten (10) years' involvement with state governmental programs.  The Office of Management and Enterprise Services shall complete its development of employment qualifications and standards and recruitment and screening of the initial candidates for appointment of the first permanent Director by December 1, 1998.  All other employees of the Petroleum Storage Tank Division shall be hired by the Director of the Petroleum Storage Tank Division with the approval of the General Administrator.

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, 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 Oklahoma Petroleum Storage Tank Release Indemnity Program, and

f.exercise all incidental powers which are necessary and proper to implement the purposes of the Division pursuant to the Oklahoma Petroleum Storage Tank Reform Act and to implement all programs within the Division's jurisdiction.

Added by Laws 1998, c. 375, § 2, emerg. eff. June 9, 1998.  Amended by Laws 2012, c. 304, § 62.