{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-303","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-303","heading":"Definitions","body":"As used in the Oklahoma Petroleum Storage Tank Consolidation\n\nAct:\n\n1. \"Abandoned system\" means a storage tank system which:\n\na. has been taken permanently out of service as a storage\n\nvessel for any reason or is not intended to be\n\nreturned to service,\n\nb. has been out of service for one (1) year or more prior\n\nto April 21, 1989, or\n\nc. has been rendered permanently unfit for use as\n\ndetermined by the Commission after notice and hearing;\n\n2. \"Administrator\" means the person hired by the Director of\n\nthe Petroleum Storage Tank Division of the Corporation Commission to\n\nadminister the Indemnity Fund;\n\n3. \"Administrative application\" means an application and notice\n\nof hearing filed by the Director of the Petroleum Storage Tank\n\nDivision for a judicial determination of any question regarding the\n\nadministration of the regulatory, Indemnity Fund or inspection\n\nprogram of the Petroleum Storage Tank Division;\n\n4. \"Assignment of benefits\" means a written directive from the\n\napplicant of record instructing the Commission to pay allowable\n\ncosts incurred directly to the named assignee including, but not\n\nlimited to, an environmental consultant;\n\n5. \"Assignment of rights\" or \"limited power of attorney\" means\n\na transfer of authority granting the assignee the legal right to act\n\non grantor's behalf regarding specified matters;\n\n6. \"Biodiesel\" for the purpose of prescribing specifications\n\nfor the quality of biodiesel shall mean a fuel comprised of mono-\n\nalkyl esters of long chain fatty acids derived from vegetable oils\n\nor animal fats, designated as B100, and meeting the requirements of\n\nthe American Society for Testing and Materials (ASTM) D6751\n\nstandards. A biodiesel blend is a blend of biodiesel fuels meeting\n\nthe ASTM D6751 standards with a petroleum-based diesel fuel, which\n\nis designated \"Bxx\", with \"xx\" representing the volume percentage of\n\nbiodiesel fuel in the blend;\n\n7. \"Commission\" means the Corporation Commission;\n\n8. \"Confirmed release\" means a level of concentration of\n\nchemicals of concern that may be sufficient to cause adverse effects\n\nupon human health or the environment or cause a nuisance;\n\n9. \"Contaminants\" or \"contamination\" means the presence of\n\nCommission-regulated substances in the environment;\n\n10. \"Corrective action\" means action taken to monitor,\n\ninvestigate, minimize, eliminate or perform remediation of a release\n\nfrom a storage tank system;\n\n11. \"Director\" means the Director of the Petroleum Storage Tank\n\nDivision of the Corporation Commission;\n\n12. \"Distributor\" means:\n\na. every person importing or causing to be imported into\n\nthis state any motor fuel, diesel fuel or blending\n\nmaterial for use, distribution, or sale and\n\ndistribution, or sale and delivery after the same\n\nreaches this state. Distributor does not mean persons\n\nimporting motor fuel only in the supply tank of a\n\nvehicle originally provided by the manufacturer of the\n\nmotor vehicle as a container for motor fuel or diesel\n\nfuel to propel such motor vehicle, nor does\n\ndistributor mean persons only importing motor fuel,\n\ndiesel fuel or blending material into the state under\n\ncircumstances requiring that they be licensed as\n\n\"Motor Fuel/Diesel Fuel Importers for Use\" as defined\n\nin paragraph 7 of Section 601 of Title 68 of the\n\nOklahoma Statutes and who are actually so licensed,\n\nb. any person producing, refining, preparing, distilling,\n\nblending, manufacturing, or compounding motor fuel or\n\nblending material in this state for use, distribution\n\nor sale and delivery in this state,\n\nc. any person within this state producing or collecting\n\nwhat is commonly known as drip, casinghead or natural\n\ngasoline,\n\nd. any person who has in his or her possession or buys\n\nfor sale or use motor fuel, diesel fuel or blending\n\nmaterial from any person other than a licensed\n\ndistributor, retailer or dealer,\nding material in this state for use, distribution\n\nor sale and delivery in this state,\n\nc. any person within this state producing or collecting\n\nwhat is commonly known as drip, casinghead or natural\n\ngasoline,\n\nd. any person who has in his or her possession or buys\n\nfor sale or use motor fuel, diesel fuel or blending\n\nmaterial from any person other than a licensed\n\ndistributor, retailer or dealer,\n\ne. any person other than a retailer or dealer who sells\n\nmotor fuel, diesel fuel or blending material to anyone\n\nexcept a licensed distributor,\n\nf. any person who makes bulk sales of motor fuel, diesel\n\nfuel or blending material, and\n\ng. any other person, including a retailer or dealer, who\n\nhas filed an application for and has procured a\n\ndistributor's license in the manner provided by the\n\nOklahoma Motor Fuel/Diesel Fuel Importers for Use Tax\n\nCode, Section 601 et seq. of Title 68 of the Oklahoma\n\nStatutes;\n\n13. \"Division\" means the Petroleum Storage Tank Division of the\n\nCorporation Commission;\n\n14. \"Eligible person\" means:\n\na. any owner or operator of a storage tank system who has\n\nincurred liability as a result of an eligible release,\n\nand who meets the requirements specified in Section\n\n327.3 of this title,\n\nb. any person who on or after November 8, 1984, purchases\n\nor acquires property by any means on which a storage\n\ntank system is located if:\n\n(1) the storage tank system was located on the\n\nproperty on November 8, 1984,\n\n(2) such person could not have known that such\n\nstorage tank system existed. The burden shall be\n\nupon such purchaser to show that such purchaser\n\ndid not know or should not have known of the\n\nexistence of such storage tank system,\n\n(3) the owner or operator of the storage tank system\n\nresponsible for the system cannot be determined\n\nby the Corporation Commission or the Indemnity\n\nFund Administrator, or the owner or operator of\n\nthe storage tank system responsible for the\n\nsystem is incapable, in the judgment of the\n\nCorporation Commission, of properly carrying out\n\nany necessary corrective action taken pursuant to\n\nSection 309 of this title, and\n\n(4) either funds are unavailable from the Oklahoma\n\nLeaking Underground Storage Tank Trust (LUST\n\nTrust) Fund or the storage tank system is not\n\neligible for corrective action taken pursuant to\n\nSection 328 of this title,\n\nc. any person who acquired ownership of a tank system\n\nthrough inheritance or other means or is responsible\n\nfor a release by reason of owning the real property\n\nwithin which a tank or a release is or was located if:\n\n(1) the storage tank system of the release was\n\nlocated on the real property on November 8, 1984,\n\n(2) the operator of the storage tank system\n\nresponsible for the system or responsible for a\n\nrelease cannot be determined or found by the\n\nCorporation Commission, or the operator of the\n\nstorage tank system responsible for the system or\n\nresponsible for the release is incapable, in the\n\njudgment of the Corporation Commission, of\n\nproperly carrying out any necessary corrective\n\naction,\n\n(3) either funds are unavailable from the LUST Trust\n\nFund or the storage tank system or release is not\n\neligible for corrective action taken pursuant to\n\nSection 328 of this title,\n\n(4) the person did not participate or was not\n\nresponsible in any manner, directly or\n\nindirectly, in the management of the storage tank\n\nsystem or for the release and otherwise is not\n\nengaged in petroleum production, refining or\n\nmarketing, and\n\n(5) the person meets the requirements specified in\n\nSection 327.3 of this title, or\nfor corrective action taken pursuant to\n\nSection 328 of this title,\n\n(4) the person did not participate or was not\n\nresponsible in any manner, directly or\n\nindirectly, in the management of the storage tank\n\nsystem or for the release and otherwise is not\n\nengaged in petroleum production, refining or\n\nmarketing, and\n\n(5) the person meets the requirements specified in\n\nSection 327.3 of this title, or\n\n(d) any person who is an impacted party, adjacent owner or\n\ntown, city or political subdivision as determined by\n\nthe Commission and who willingly submits to the\n\nregulations of the Commission governing petroleum\n\nstorage tank system owners, operators or agents;\n\n15. \"Eligible release\" means a release of regulated substances\n\nfor which allowable costs, as determined by the Indemnity Fund\n\nAdministrator, are reimbursable to or on behalf of an eligible\n\nperson;\n\n16. \"Environment\" means any water, water vapor, any land\n\nincluding land surface or subsurface, atmosphere, fish, wildlife,\n\nbiota, domestic animals and all other natural resources;\n\n17. \"Environmental consultant\" means an individual licensed by\n\nthe Commission or an environmental consulting company retaining or\n\nemploying a Commission-licensed environmental consultant;\n\n18. \"Facility\" means any location or part thereof containing\n\none or more storage tanks or systems;\n\n19. \"Impacted party\" means an owner whose property has been\n\nimpacted by a release from an on-site or off-site petroleum storage\n\ntank system which the impacted person did not own or operate and for\n\nwhich the impacted person has had no responsibility under Commission\n\nrules. An impacted party may apply for an eligibility determination\n\nfor reimbursement from the Indemnity Fund. An impacted party is not\n\nsubject to the Indemnity Fund co-pay;\n\n20. \"Indemnity Fund\" means the Petroleum Storage Tank Indemnity\n\nFund;\n\n21. \"Investigation\" means activities taken to identify,\n\nconfirm, monitor or delineate the physical extent of a release;\n\n22. \"Maintenance level\" means the minimum balance of the\n\nIndemnity Fund to be maintained and below which the Indemnity Fund\n\nbalance will fall when the balance of the Indemnity Fund is below\n\nthe dollar amount of disbursements from the Indemnity Fund for the\n\npayment of claims during the preceding six (6) months plus Five\n\nMillion Dollars ($5,000,000.00);\n\n23. \"Measuring device\" shall mean any and all measuring devices\n\nthrough or by the use of which regulated substances are sold,\n\ndispensed or delivered to the public or to any person buying any\n\nsuch substance for any purpose other than resale;\n\n24. \"Motor fuel\" has the same meaning as the term is defined by\n\nSection 500.3 of Title 68 of the Oklahoma Statutes;\n\n25. \"New system\" means a storage tank system for which the\n\ninstallation or upgrade of the system began on or after December 22,\n\n1998. Storage tank systems installed after July 1, 2008, must be\n\nsecondarily contained and use interstitial monitoring;\n\n26. \"Operator\" means any person in control of or having\n\nresponsibility for the daily operation of the storage tank system,\n\nwhether by lease, contract, or other form of agreement. The term\n\n\"operator\" also includes a past operator at the time of a release,\n\ntank closure, or a violation of the Oklahoma Petroleum Storage Tank\n\nConsolidation Act or of a rule promulgated thereunder;\n\n27. \"Owner\" means:\n\na. in the case of a storage tank system in use on\n\nNovember 8, 1984, or brought into use after that date,\n\nany person who holds title to real estate, controls,\n\nor possesses an interest in a storage tank system or\n\nproperty where a storage tank system is located used\n\nfor the storage, use, or dispensing of regulated\n\nsubstances, or\n\nb. in the case of a storage tank system in use before\n\nNovember 8, 1984, but no longer in service on that\n\ndate, any person who held title to, controlled, or\ner that date,\n\nany person who holds title to real estate, controls,\n\nor possesses an interest in a storage tank system or\n\nproperty where a storage tank system is located used\n\nfor the storage, use, or dispensing of regulated\n\nsubstances, or\n\nb. in the case of a storage tank system in use before\n\nNovember 8, 1984, but no longer in service on that\n\ndate, any person who held title to, controlled, or\n\npossessed an interest in a storage tank system\n\nimmediately before the discontinuation of its use.\n\nThe term \"owner\" does not include a person who holds an interest in\n\na tank system solely for financial security, unless through\n\nforeclosure or other related actions the holder of a security\n\ninterest has taken possession of the tank system;\n\n28. \"Pay-for-performance\" means a process by which an\n\nenvironmental consultant guarantees, by executing a contract\n\npursuant to the provisions of this paragraph, that a release of a\n\nregulated substance will be remediated to levels agreed to by the\n\nCommission, the eligible person and the consultant. Such levels\n\nmust be protective of human health, safety and the environment. The\n\nperformance-based process encompasses several steps including, but\n\nnot limited to, the development of a contract signed by an\n\nofficer/owner of the environmental consultant, the eligible person\n\nand the Indemnity Fund Administrator. The contract shall contain\n\nany agreed-upon reasonable price for the work to be performed.\n\nScheduled payments shall be distributed only as performance-based\n\ngoals are attained;\n\n29. \"Permit\" means any registration, permit, license or other\n\nauthorization issued by the Commission to operate a storage tank\n\nsystem;\n\n30. \"Person\" means any individual, trust, firm, joint stock\n\ncompany or corporation, limited liability company, partnership,\n\nassociation, any representative appointed by order of a court, the\n\nstate, any municipality, county, school district or other political\n\nsubdivision or agency of the state, or any interstate body. The\n\nterm also includes a consortium, a joint venture, a commercial\n\nentity, the United States Government, a federal agency, including a\n\ngovernment corporation, or any other legal entity;\n\n31. \"Petroleum\" means antifreeze, new or used motor oil,\n\ngasoline, kerosene, diesel, aviation fuel or blended fuel including,\n\nbut not limited to, gasoline, diesel, and aviation fuel that is\n\nblended with biodiesel, ethanol, Methyl Tertiary Butyl Ether (MTBE)\n\nor other additive for purposes of fueling a combustion engine;\n\n32. \"Pollution\" means contamination or other alteration of the\n\nphysical, chemical or biological properties of any natural waters of\n\nthe state, land surfaces or subsurfaces, or atmosphere when such\n\ncontamination or alteration will or is likely to create a nuisance\n\nor render the waters, land or atmosphere harmful or detrimental or\n\ninjurious to the public health, safety or welfare or the\n\nenvironment;\n\n33. \"Purchase order\" means a performance-based agreement\n\nnegotiated between an environmental consultant and the Petroleum\n\nStorage Tank Division stipulating a scope of work to be performed by\n\na target date, for which the Petroleum Storage Tank Indemnity Fund\n\nwill reimburse a specified amount;\n\n34. \"Regulated substance\" means petroleum which is regulated\n\npursuant to the Oklahoma Petroleum Storage Tank Consolidation Act;\n\n35. \"Reimbursement\" means either:\n\na. repayment of an approved claim to an eligible person\n\nfor allowable costs resulting from an eligible\n\nrelease, or\n\nb. payment of an approved claim submitted on behalf of an\n\neligible person for incurred allowable costs resulting\n\nfrom an eligible release;\n\n36. \"Release\" means any spilling, overfilling, leaching,\n\nemitting, discharging, escaping, unintentional disposing or leaking\n\nfrom a storage tank system that goes beyond the excavation zone,\n\ntankpit, or secondary containment into the environment. The term\nb. payment of an approved claim submitted on behalf of an\n\neligible person for incurred allowable costs resulting\n\nfrom an eligible release;\n\n36. \"Release\" means any spilling, overfilling, leaching,\n\nemitting, discharging, escaping, unintentional disposing or leaking\n\nfrom a storage tank system that goes beyond the excavation zone,\n\ntankpit, or secondary containment into the environment. The term\n\nrelease includes but is not limited to a suspected or confirmed\n\nrelease of a regulated substance from a storage tank system\n\nidentified as a result of sampling, testing or monitoring results,\n\nor identified in any similarly reliable manner;\n\n37. \"Remediation\" means a process or technique used to reduce\n\nconcentration levels of chemicals of concern in the soil and\n\ngroundwater, and/or to reduce the presence of free product in the\n\nenvironment to levels that are protective of human health, safety\n\nand the environment;\n\n38. \"Responsible person\" means any person that is seeking\n\ncorrective action of real property, and submits to the jurisdiction\n\nof the Commission;\n\n39. \"Sale\" means every gallon of motor fuel, diesel fuel, or\n\nblending materials sold, or stored and distributed, or withdrawn\n\nfrom storage, within the state, for sale or use. No gallon of motor\n\nfuel, diesel fuel, or blending materials shall be the basis more\n\nthan once of the assessment imposed by Section 327.1 of this title;\n\n40. \"Storage tank\" is a permanent trade fixture and means a\n\nstationary vessel designed to contain an accumulation of regulated\n\nsubstances. It includes the individual compartments within a\n\ncompartmentalized tank, any aboveground or underground connected\n\npiping, and is a trade fixture. A storage tank that has ten percent\n\n(10%) or more of its volume beneath the surface of the ground is\n\nconsidered an underground storage tank;\n\n41. \"Storage tank system\" means a closed-plumbed system\n\nincluding, but not limited to, the storage tank(s), the individual\n\nstorage tank compartments, the lines, the dispenser for a given\n\nproduct, containment sump, if any, ancillary equipment or a delivery\n\ntruck that is connected to the storage tank system;\n\n42. \"Synthetic diesel\" for the purpose of prescribing\n\nspecifications for the quality of synthetic diesel shall mean a\n\nhydrocarbon made up of hydrocarbons that are primarily aliphatic in\n\ncharacter with the number of carbon atoms ranging from C-10 to C-20.\n\nThe hydrocarbons are produced from carbon monoxide and hydrogen,\n\nsynthesis gas, by passing the synthesis gas over a catalyst under\n\ntemperature and pressure, commonly known as the Fischer-Tropsch\n\nprocess. Synthetic diesel shall meet all ASTM D975 specifications\n\nwith or without the use of lubrication additives. A synthetic\n\ndiesel blend is a blend of synthetic diesel fuel with a petroleum-\n\nbased diesel fuel, which is designated \"Sxx\", with \"xx\" representing\n\nthe volume percentage of synthetic diesel fuel in the blend;\n\n43. \"Tax Commission\" means the Oklahoma Tax Commission;\n\n44. \"Transporter\" means any person who transports, delivers or\n\ndistributes any quantity of regulated substance from one point to\n\nanother for the purpose of wholesale or retail gain; and\n\n45. \"Waters of the state\" means all streams, lakes, ponds,\n\nmarshes, watercourses, waterways, wells, springs, irrigation\n\nsystems, drainage systems and all other bodies or accumulations of\n\nwater, surface and underground, natural or artificial, public or\n\nprivate, which are contained within, flow through, or border upon\n\nthe State of Oklahoma or any portion thereof.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c7364b3df6d5885c5ca5cb7693312c29e7fdba64d97ab3280dab80f2f6c68c6f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-302","next":"us-ok/okla.-stat.-tit.-17-17-304"},"notice":"GroundRules: Original legal text. Not legal advice."}