{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-309","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-309","heading":"Release from storage tank system - Corrective action","body":"A. No person including but not limited to the owner or\n\noperator, employee or agent of such owner or operator, or\n\ntransporter shall knowingly allow a release or suspicion of a\n\nrelease from a storage tank system to occur or continue to occur\n\nwithout reporting the release or suspicion of a release to the\n\nCorporation Commission within twenty-four (24) hours upon\n\ndiscovering such a release or information that suggests that a\n\nrelease has occurred.\n\nB. The owner or operator of a storage tank system shall\n\nimmediately take all reasonable corrective actions necessary to\n\nprevent a release or a threatened release of regulated substances\n\nfrom a storage tank system and to abate and remove any such releases\n\nsubject to applicable federal and state requirements. The\n\nCorporation Commission shall require that any corrective action\n\ntaken by a storage tank system owner or operator or authorized by\n\nthe Commission shall be in compliance with all applicable state\n\nstatutes and rules and federal laws and regulations for the\n\nprotection of air quality and water quality and for the\n\ntransportation and disposal of any waste.\n\nC. If there is a release from a storage tank system, the\n\nCommission may:\n\n1. Issue an administrative order stating the existence of an\n\nemergency and requiring that such action be taken as the Commission\n\ndeems necessary to meet the emergency. Such order shall be\n\neffective immediately. Any person to whom such an order is directed\n\nshall comply with the order immediately but on application to the\n\nCommission shall be afforded a hearing within ten (10) days after\n\nreceipt of the administrative order. On the basis of such hearing,\n\nthe Commission shall continue such order in effect, revoke it, or\n\nmodify it. Any person aggrieved by such order continued after the\n\nhearing provided for in this subsection may appeal to the Supreme\n\nCourt as provided in Section 318 of Title 75 of the Oklahoma\n\nStatutes. Such appeal when docketed shall have priority over all\n\ncases pending on the docket; and\n\n2. Require an owner, operator, or responsible person to submit\n\ninvestigation, remediation or other corrective action plans to the\n\nPetroleum Storage Tank Division of the Corporation Commission for\n\npreapproval prior to initiating such investigation, remediation, or\n\nother corrective action.\n\nD. 1. The Commission may take corrective action if:\n\na. an owner or operator of the storage tank system cannot\n\nbe identified,\n\nb. an identified owner or operator cannot or will not\n\ncomply with the order issued pursuant to subsection C\n\nof this section,\n\nc. an administrative or judicial proceeding on an order\n\nissued pursuant to subsection C of this section is\n\npending and the Commission determines corrective\n\naction is necessary to protect the public health,\n\nsafety and welfare or the environment until the\n\nadministrative or judicial proceeding is resolved, or\n\nd. the Commission determines that the release constitutes\n\na danger requiring immediate action to prevent,\n\nminimize or mitigate damage to the public health and\n\nwelfare or the environment. Before taking an action\n\nunder this paragraph, the Commission shall make all\n\nreasonable efforts, taking into consideration the\n\nurgency of the situation, to afford an owner or\n\noperator notice and hearing to take a corrective\n\naction and notify the owners or occupants of adjacent\n\nor affected real property as specified by Section 310\n\nof this title.\n\n2. The owner or operator is liable for the cost of any\n\ncorrective action taken by the Commission pursuant to this\n\nsubsection, including the cost of investigating the release and\n\nadministrative and legal expenses, if:\n\na. the owner or operator has failed to take a corrective\n\naction required by the Commission and the Commission\n\nhas taken the corrective action, or\n\nb. the Commission has taken corrective action in an\ntor is liable for the cost of any\n\ncorrective action taken by the Commission pursuant to this\n\nsubsection, including the cost of investigating the release and\n\nadministrative and legal expenses, if:\n\na. the owner or operator has failed to take a corrective\n\naction required by the Commission and the Commission\n\nhas taken the corrective action, or\n\nb. the Commission has taken corrective action in an\n\nemergency pursuant to subparagraph d of paragraph 1 of\n\nthis subsection.\n\n3. Reasonable and necessary expenses incurred by the\n\nCommission, the Oklahoma Leaking Underground Storage Tank Trust\n\nFund, or the Oklahoma Leaking Underground Storage Tank Revolving\n\nFund, in taking a corrective action, including costs of\n\ninvestigating a release and administrative and legal expenses, may\n\nbe recovered from the Indemnity Fund by application to the\n\nCommission with notice and hearing pursuant to Section 311 of this\n\ntitle. The Commission's certification of costs incurred is prima\n\nfacie evidence that the costs incurred are reasonable and necessary.\n\nThe Commission shall be entitled to apply for and receive payment\n\nfrom the Indemnity Fund upon any site upon which the Commission has\n\ntaken corrective action. Costs incurred that are recovered under\n\nthis subsection shall be deposited in the Corporation Commission\n\nStorage Tank Revolving Fund. Costs reimbursed by the Indemnity Fund\n\nfor Oklahoma Leaking Underground Storage Tank Trust Fund or Oklahoma\n\nLeaking Underground Storage Tank Revolving Fund expenditures shall\n\nbe deposited in the Oklahoma Leaking Underground Storage Tank\n\nRevolving Fund.\n\nE. Any order issued by the Commission pursuant to this section\n\nshall not limit the liability of the owner or operator or both such\n\nowner or operator for any injury, damages, or costs incurred by any\n\nperson as a result of the release. The owner or operator shall not\n\navoid any liability, statutory environmental responsibility imposed\n\nby Section 301 et seq. of this title; or as a result of such release\n\nby means of a conveyance of any right, title or interest in real\n\nproperty; or by any indemnification, hold harmless agreement, or\n\nsimilar agreement.\n\n1. This subsection does not:\n\na. prohibit a person who may be liable from entering an\n\nagreement by which the person is insured, held\n\nharmless, or indemnified for part or all of the\n\nliability,\n\nb. prohibit the enforcement of an insurance, hold\n\nharmless, or indemnification agreement, or\n\nc. bar a cause of action brought by a person who may be\n\nliable or by an insurer or guarantor, whether by right\n\nof subrogation or otherwise.\n\n2. Except as otherwise provided by law, if there is more than\n\none person liable, such persons shall be jointly liable for any\n\ninjury, damages, or costs.","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":"533d81bf16711f739857b48d8eda4091bea6f99f39c7e5d57ade09e063bf6fc8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-308.1","next":"us-ok/okla.-stat.-tit.-17-17-31"},"notice":"GroundRules: Original legal text. Not legal advice."}