§ 17-323. Petroleum Storage Tank Division - Powers and duties.  


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  • Within its jurisdictional areas of responsibility, the Petroleum Storage Tank Division shall have the power and duty to:

    1.  Issue, renew, deny or suspend, revoke or refuse to renew licenses or permits pursuant to the provisions of the Oklahoma Petroleum Storage Tank Reform Act;

    2.  Assess those administrative penalties as otherwise specifically authorized by law against any person or entity which violates any of the provisions of the Oklahoma Petroleum Storage Tank Reform Act;

    3.  Investigate alleged violations of the Oklahoma Petroleum Storage Tank Reform Act;

    4.  Advise, consult, assist, and cooperate with other agencies of the state, towns, cities and counties, industries, other states and the federal government and with affected groups regarding petroleum storage tank issues;

    5.  Financially assist other agencies and political subdivisions of the state;

    6.  Develop standards for pipeline terminal and refinery delivery point metering and calibration and provide for appropriate inspection and regulation of such meters where the metered product is to be delivered to petroleum storage tanks;

    7.  Encourage and conduct studies, investigations and research relating to petroleum-storage-tank-related pollution and its causes, effects, prevention, control and abatement;

    8.  Collect and disseminate information relating to petroleum-storage-tank-related pollution, its prevention and control;

    9.  Enter into agreements for, accept, use, disburse and administer grants of money, personnel and property from the federal government or any department or agency thereof, or from any state or state agency, or from any other source, to promote and conduct in this state any program relating to petroleum storage tank regulation;

    10.  Determine, charge and receive fees to be collected for services, research and permits, to file other papers, to make copies of documents, to make prints of maps and drawings, and to certify copies of documents, maps and drawings as authorized by law;

    11.  Provide a toll-free hot line for petroleum-storage-tank-related complaints;

    12.  Cause investigations, inquiries and inspections to be made.  The Director of the Petroleum Storage Tank Division, or authorized representatives of the Director, shall have the right of access to any property which has or may have had a petroleum storage tank system or a release from a petroleum storage tank system on the premises for such purpose at any reasonable time, upon presentation of identification;

    13.  Authorize personnel in the Petroleum Storage Tank Division to conduct investigations, inquiries, and to perform other acts that the Director is authorized or required to conduct or perform;

    14.  Enforce the provisions of the Oklahoma Petroleum Storage Tank Reform Act;

    15.  Request criminal prosecution proceedings as authorized by law against any person or entity which has violated any of the provisions of the Oklahoma Petroleum Storage Tank Reform Act or order issued or any rule promulgated pursuant thereto;

    16.  Acquire real property in the exercise of its powers for the performance of its duties as authorized by Section 306 of this title.  Real property acquired under Section 306 of this title shall be disposed of by the Petroleum Storage Tank Division and the Office of Management and Enterprise Services.  The proceeds of the sale shall be deposited in the Petroleum Storage Tank Indemnity Fund;

    17.  Acquire and sell personal property which has been purchased or obtained by a pay-for-performance contract pursuant to Section 356 of this title.  Surplus personal property shall be disposed of by the Petroleum Storage Tank Division and the Office of Management and Enterprise Services pursuant to the Oklahoma Surplus Property Act.  The proceeds of the sale shall be deposited in the Petroleum Storage Tank Indemnity Fund; and

    18.  Exercise all incidental powers which are necessary and proper to implement the purposes of the Oklahoma Petroleum Storage Tank Reform Act.

Added by Laws 1998, c. 375, § 3, emerg. eff. June 9, 1998.  Amended by Laws 2004, c. 430, § 4, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 15, eff. Nov. 1, 2005; Laws 2012, c. 304, § 63.