{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-306","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-306","heading":"Corporation Commission Petroleum Storage Tank Division -","body":"Powers and duties.\n\nWithin its jurisdictional areas of responsibility, the\n\nCorporation Commission Petroleum Storage Tank Division shall have\n\nthe power and duty to:\n\n1. Issue, renew, deny, modify, suspend, refuse to renew and\n\nrevoke licenses, registrations and permits pursuant to the\n\nprovisions of the Oklahoma Petroleum Storage Tank Consolidation Act\n\nand rules promulgated pursuant thereto;\n\n2. Enter at any reasonable time upon any public or private\n\nproperty for the purpose of inspecting and investigating storage\n\ntank system monitoring or remediation equipment and taking such\n\nsamples as may be necessary to determine compliance with the\n\nprovisions of the Oklahoma Petroleum Storage Tank Consolidation Act,\n\nand rules promulgated pursuant thereto;\n\n3. Request issuance of an administrative warrant or search\n\nwarrant as may be necessary by Commission application after notice\n\nand hearing to allow entry, inspection, testing, sampling, or\n\ncopying on public or private property;\n\n4. Have access to and copy any records required to be\n\nmaintained pursuant to the provisions of the Oklahoma Petroleum\n\nStorage Tank Consolidation Act or rules promulgated pursuant\n\nthereto;\n\n5. Cause investigations, inquiries and inspections to be made.\n\nInspect any equipment, practice or method prior to implementation\n\nwhich is required by the provisions of the Oklahoma Petroleum\n\nStorage Tank Consolidation Act or rules promulgated pursuant\n\nthereto;\n\n6. Have the right to access any property which has or may have\n\nhad a petroleum storage tank system, a suspicion of release or a\n\nconfirmed release from a petroleum storage tank system on the\n\npremises, and inspect any monitoring equipment, conduct sampling or\n\ntests to identify any actual or suspected release of a regulated\n\nsubstance;\n\n7. Investigate alleged violations of the Oklahoma Petroleum\n\nStorage Tank Consolidation Act. Employ, authorize or designate\n\npersonnel to conduct inquiries, investigations, inspections, and to\n\nperform other acts that the Director of the Petroleum Storage Tank\n\nDivision is authorized or required to conduct or perform, to make\n\nreports of compliance with the provisions of the Oklahoma Petroleum\n\nStorage Tank Consolidation Act and rules promulgated pursuant\n\nthereto;\n\n8. Within its discretion, report and request criminal\n\nprosecution proceedings to the district attorney having jurisdiction\n\nor to the Attorney General any act committed by any person, entity,\n\nowner, operator, employee or agent of a facility which may\n\nconstitute a violation of the provisions of the Oklahoma Petroleum\n\nStorage Tank Consolidation Act, any order issued or rules\n\npromulgated pursuant thereto;\n\n9. Advise, consult, assist, and cooperate with other agencies\n\nof this state, towns, cities, counties, industries, the federal\n\ngovernment, other states and interstate agencies and with affected\n\ngroups and political subdivisions regarding petroleum storage tank\n\nissues;\n\n10. Financially assist other agencies and political\n\nsubdivisions of the state where the Petroleum Storage Tank Division\n\nhas jurisdiction;\n\n11. Administer the Storage Tank Program in lieu of the federal\n\ngovernment upon approval by the Environmental Protection Agency;\n\n12. Promulgate and enforce rules to implement the provisions of\n\nthe Oklahoma Petroleum Storage Tank Consolidation Act;\n\n13. Establish minimum standards and schedules for storage tank\n\nsystems;\n\n14. Require any owner or operator of a storage tank system\n\nwithin this state to:\n\na. submit such reports and information concerning the\n\nstorage tank system as may be determined necessary by\n\nthe Commission pursuant to the provisions of the\n\nOklahoma Petroleum Storage Tank Consolidation Act or\n\nrules promulgated pursuant thereto,\n\nb. perform tests, install release detection devices, and\n\nwhere appropriate, monitor the environment to ensure\ne 17. Corporation Commission Page 217\n\na. submit such reports and information concerning the\n\nstorage tank system as may be determined necessary by\n\nthe Commission pursuant to the provisions of the\n\nOklahoma Petroleum Storage Tank Consolidation Act or\n\nrules promulgated pursuant thereto,\n\nb. perform tests, install release detection devices, and\n\nwhere appropriate, monitor the environment to ensure\n\nthat a petroleum release is not occurring,\n\nc. make timely reports to the Commission of\n\ncontamination, releases, or testing and sampling\n\nevents at or above Commission action levels,\n\nd. temporarily or permanently cease operation of a\n\nstorage tank system, modify and immediately remove or\n\ncontrol any regulated substance that is found to be\n\ncausing contamination when such cessation, removal or\n\ncontrol is determined to be necessary by the\n\nCommission,\n\ne. provide an alternate or temporary drinking water\n\nsource to any person deprived of drinking water if it\n\nis found that such owner or operator is responsible\n\nfor contaminating the drinking water source beyond\n\napplicable drinking water standards, or where no such\n\nstandard exists, such standard as the Department of\n\nEnvironmental Quality shall determine,\n\nf. take full corrective action if such owner or operator\n\nor other such responsible person is found to be\n\nresponsible for the release, and\n\ng. take appropriate action to temporarily relocate\n\nresidents affected by the release;\n\n15. Establish and enforce administrative penalties against any\n\nperson or entity for violations pursuant to the provisions of the\n\nOklahoma Petroleum Storage Tank Consolidation Act, requirements,\n\nrules promulgated thereunder, or orders issued therefrom, including\n\nissuance of field citations by designated personnel for violations\n\nof the Oklahoma Petroleum Storage Tank Consolidation Act, including\n\nbut not limited to the authority to shut down a storage tank system\n\nfound to pose an imminent threat to the health, safety or the\n\nenvironment, to be operating a storage tank system for which permit\n\nfees have not been paid, or to be operating a storage tank system\n\nwith an outstanding unpaid field citation or fine, or violation of a\n\nCommission requirement, rule or order. The Commission shall\n\npromulgate rules specifying the events that provide for storage tank\n\nsystem shutdown. Issuance or payment of field citations shall in no\n\nway preclude other enforcement proceedings, administrative\n\npenalties, fines or order of the Commission if an owner or operator\n\nfails to correct a violation or abate a threat to health, safety or\n\nthe environment in a reasonable manner, as determined by the\n\nCommission. If a citation is issued or a facility is closed under\n\nthe provisions of the Oklahoma Petroleum Storage Tank Consolidation\n\nAct, the owner or operator of the facility on application and notice\n\nof hearing to the Commission shall be afforded a hearing within ten\nthe environment in a reasonable manner, as determined by the\n\nCommission. If a citation is issued or a facility is closed under\n\nthe provisions of the Oklahoma Petroleum Storage Tank Consolidation\n\nAct, the owner or operator of the facility on application and notice\n\nof hearing to the Commission shall be afforded a hearing within ten\n\n(10) days of filing an application. Any penalties or fines assessed\n\npursuant to this section shall be established by the Commission by\n\nrules promulgated pursuant to the Administrative Procedures Act;\n\n16. Institute and maintain or intervene in any action or\n\nproceeding where deemed necessary by the Commission pursuant to the\n\nprovisions of the Oklahoma Petroleum Storage Tank Consolidation Act\n\nto protect the health, safety and welfare of any resident of this\n\nstate or the environment;\n\n17. Review emergency response plans developed outside the\n\nCommission;\n\n18. Establish a schedule of fees for issuance of any permit,\n\nlicense, inspection, form or registration in an amount to cover the\n\ncosts of the Commission in administering the Oklahoma Petroleum\n\nStorage Tank Consolidation Act. Payment of the permitting fees for\n\nany storage tank system required pursuant to the provisions of the\n\nOklahoma Petroleum Storage Tank Consolidation Act or to rules\n\npromulgated pursuant thereto shall prohibit the assessment of\n\nadditional registration, inspection, licensing or permitting fees\n\nfor such storage tank systems by any other agency or municipality of\n\nthis state;\n\n19. Create and implement an internally coordinated management\n\nsystem for the Petroleum Storage Tank Division;\n\n20. When necessary, economically advantageous, reasonable and\n\nintegral to a corrective action effort or to establish an\n\nalternative water supply, the Petroleum Storage Tank Division may,\n\nin the exercise of its powers for the performance of its duties as\n\nauthorized by this section, purchase real property and easements,\n\nand if an owner/operator is unwilling, unknown, unavailable or\n\nfinancially unable, the Petroleum Storage Tank Division may arrange\n\nfor the design, construction and operation of an alternative water\n\nsupply system conjunctive with a corrective action effort and/or the\n\nestablishment of an alternative water supply with funds from the\n\nIndemnity Fund. Provided, no real property shall be purchased by\n\nthe Commission pursuant to this paragraph which will impose\n\nliability on the Commission, Petroleum Storage Tank Division, the\n\nIndemnity Fund or on the state for environmental claims or hazards.\n\nDisposition of property purchased by the Indemnity Fund shall be\n\nmade by the Petroleum Storage Tank Division and the Office of\n\nManagement and Enterprise Services. Proceeds from any sale shall be\n\ndeposited to the credit of the Petroleum Storage Tank Indemnity\n\nFund;\n\n21. Acquire and sell personal property which has been purchased\n\nor obtained by a pay-for-performance contract pursuant to Section\n\n327.3 of this title. Surplus personal property shall be disposed of\n\nby the Petroleum Storage Tank Division and the Office of Management\n\nand Enterprise Services pursuant to the Oklahoma Surplus Property\n\nAct. The proceeds of the sale shall be deposited in the Petroleum\n\nStorage Tank Indemnity Fund;\n\n22. Implement and coordinate an Underground Storage Tank\n\nOperator Training Program pursuant to the provisions of Section 319\n\nof this title, issue annual permits related thereto and assess any\n\nfees necessary for such training and permitting;\n\n23. Encourage and conduct studies, investigations and research;\n\nand collect and disseminate information relating to petroleum-\n\nstorage-tank-related contamination and its causes, effects,\n\nprevention, control and abatement;\n\n24. Enter into agreements for, accept, use, disburse and\n\nadminister grants of money, personnel and property from the federal\nees necessary for such training and permitting;\n\n23. Encourage and conduct studies, investigations and research;\n\nand collect and disseminate information relating to petroleum-\n\nstorage-tank-related contamination and its causes, effects,\n\nprevention, control and abatement;\n\n24. Enter into agreements for, accept, use, disburse and\n\nadminister grants of money, personnel and property from the federal\n\ngovernment or any department or agency thereof, or from any state or\n\nstate agency, or from any other source, to promote and conduct in\n\nthis state any program relating to petroleum storage tank\n\nregulation;\n\n25. Determine, charge and receive fees to be collected for\n\nservices, research and permits, to file other papers, to make copies\n\nof documents, to make prints of maps and drawings, and to certify\n\ncopies of documents, maps and drawings as authorized by law;\n\n26. Provide a toll-free phone number for petroleum-storage-\n\ntank-related complaints;\n\n27. Develop standards for pipeline terminal and refinery\n\ndelivery point metering and calibration and provide for appropriate\n\ninspection and regulation of such meters where the metered product\n\nis to be delivered to petroleum storage tanks; and\n\n28. Exercise all incidental powers as necessary and proper for\n\nthe administration of the Oklahoma Petroleum Storage Tank\n\nConsolidation Act.","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":"7ad3ccb342fc3b787dc4ed56a066cf211970f14ced6f87d8a0c05670ce846383","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-305","next":"us-ok/okla.-stat.-tit.-17-17-306.1"},"notice":"GroundRules: Original legal text. Not legal advice."}