Okla. Stat. tit. 17, § 17-302: Legislative intent - Public policy

A. The Legislature finds that the release of regulated

substances from storage tanks into the surface water, groundwater,

air and subsurface soils of this state poses a potential threat to

the environment, health, safety and welfare of the residents of this

state.

Therefore the Legislature declares it is the public policy of

this state to protect the public health, safety, welfare, and the

environment from the potential harmful effects of storage tanks used

to store regulated substances. The Legislature acknowledges that

certain statutory enactments regarding petroleum storage tank

systems are set forth in other titles. To that extent and to

effectuate consolidation, storage tank system inspections and the

regulation of antifreeze are included in the Oklahoma Petroleum

Storage Tank Consolidation Act. In order to implement this policy,

it is the intent of the Legislature to consolidate programs for the

regulation of storage tank systems, antifreeze, inspections and

Indemnity Fund compensation for eligible petroleum storage tank

releases; and that the regulation of spills and releases from

petroleum storage tanks, oversight of petroleum storage tank

environmental corrective action, and the reimbursement of claims for

costs incurred for petroleum storage tank environmental corrective

action be administered by the Oklahoma Corporation Commission

Petroleum Storage Tank Division.

B. The purpose of the Oklahoma Petroleum Storage Tank

Consolidation Act is to provide for the administration of the

various programs within the Oklahoma Corporation Commission

regulating the release or spilling of regulated substances from

petroleum storage tanks and to utilize financial resources for

petroleum storage regulatory services, administration and

reimbursement of claims for environmental corrective action by the

Petroleum Storage Tank Indemnity Fund.

C. The provisions of this act shall be applicable to all

current, pending, past and future contracts, claims and cases within

the jurisdiction of the Petroleum Storage Tank Division; provided,

that this subsection shall not apply to, nor be construed to

authorize or permit the reopening or review of, the underlying claim

or claims of any cases which were formally settled pursuant to a

formal settlement agreement or which a final order was entered by

the Corporation Commission. Further, the provisions of this act

shall not change or modify the terms of purchase order agreements

entered into prior to the effective date of this act.

D. In addition, to provide that petroleum storage tank

regulatory concerns of industry and the public shall be addressed in

an expedient manner, the Legislature further finds that:

1. Significant quantities of regulated substances are being

stored in storage tank systems in this state;

2. Spills, leaks and other releases of regulated substances

from such storage tank systems have occurred, are occurring and will

continue to occur;

3. Such releases often pose a significant threat to the public

health and safety, the quality of the water and other natural

resources in this state;

4. Where contamination has occurred, corrective action measures

have often been delayed for long periods while determination as to

the liability and extent of liability are made;

5. Such delays result in the continuation and intensification

of the threat to the public health, safety and welfare, in greater

damage to the environment, and in significantly higher costs to

contain and remove the contamination;

6. Adequate financial resources must be readily available to

enable owners, operators and other persons to take the corrective

action necessary to investigate and, if necessary, remediate such

contaminated sites; and

7. Adequate financial resources shall be provided by the

petroleum storage tank program established by the Petroleum Storage

gher costs to

contain and remove the contamination;

6. Adequate financial resources must be readily available to

enable owners, operators and other persons to take the corrective

action necessary to investigate and, if necessary, remediate such

contaminated sites; and

7. Adequate financial resources shall be provided by the

petroleum storage tank program established by the Petroleum Storage

Tank Indemnity Fund and funded by an assessment on the sale of motor

fuel, diesel fuel and blending materials in this state by a

distributor.

E. The Legislature declares that, in order to provide for the

investigation and, if necessary, remediation of as many contaminated

sites resulting from releases of regulated substances from storage

tank systems as soon as possible, any person eligible for Indemnity

Fund reimbursement pursuant to the provisions of this act shall be

compensated for certain allowable costs incurred in connection with

corrective action, subject to the conditions specified by Sections

301 through 348.9 of this title.