{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-328","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-328","heading":"Oklahoma Leaking Underground Storage Tank Trust Fund -","body":"Oklahoma Leaking Underground Storage Tank Revolving Fund.\n\nA. There is hereby created in the State Treasury a fund for the\n\nCorporation Commission to be designated the \"Oklahoma Leaking\n\nUnderground Storage Tank Trust Fund\". The fund shall be a\n\ncontinuing fund, not subject to fiscal year limitations, and shall\n\nconsist of loans and grants from the federal government and any\n\nstate matching funds required by the federal government with regard\n\nto underground storage tanks.\n\nB. There is hereby created in the State Treasury a revolving\n\nfund for the Corporation Commission to be designated the \"Oklahoma\n\nLeaking Underground Storage Tank Revolving Fund\". The fund shall be\n\na continuing fund, not subject to fiscal year limitations, and shall\n\nconsist of monies from public or private sources, and any monies\n\ncollected pursuant to the provisions of this section.\n\nC. All monies accruing to the credit of the Oklahoma Leaking\n\nUnderground Storage Tank Trust Fund and the Oklahoma Leaking\n\nUnderground Storage Tank Revolving Fund are hereby appropriated and\n\nmay be budgeted and expended by the Corporation Commission only for\n\nthe purpose provided in this section, to best protect human health\n\nand the environment. Expenditures from the funds shall be made upon\n\nwarrants issued by the State Treasurer against claims filed as\n\nprescribed by law with the Director of the Office of Management and\n\nEnterprise Services for approval and payment.\n\nD. The Corporation Commission is hereby given the power and\n\nauthority to receive, administer and authorize payments from the\n\nOklahoma Leaking Underground Storage Tank Trust Fund and the\n\nOklahoma Leaking Underground Storage Tank Revolving Fund. The\n\nCommission shall establish separate accounts and subaccounts within\n\nthe Oklahoma Leaking Underground Storage Tank Trust Fund and the\n\nOklahoma Leaking Underground Storage Tank Revolving Fund deemed\n\nnecessary to implement the provisions of this section.\n\nE. For the purpose of immediately responding to emergency\n\nsituations created by leaking underground storage tanks having\n\npotentially critical environmental or public health or safety\n\nimpact, the Corporation Commission may take whatever action it deems\n\nnecessary without notice or hearing, including the expenditure of\n\nmonies from either the Oklahoma Leaking Underground Storage Tank\n\nTrust Fund or the Oklahoma Leaking Underground Storage Tank\n\nRevolving Fund or from both such funds to promptly respond to the\n\nemergency.\n\nF. 1. The Corporation Commission shall seek reimbursement from\n\nthe responsible person, firm or corporation for all expenditures\n\nmade from either the Oklahoma Leaking Underground Storage Tank Trust\n\nFund or the Oklahoma Leaking Underground Storage Tank Revolving Fund\n\nor from both such funds. All monies received by the Corporation\n\nCommission as reimbursement or penalties relating to expenditures\n\nmade from the Oklahoma Leaking Underground Storage Tank Trust Fund\n\nor Oklahoma Leaking Underground Storage Tank Revolving Fund shall be\n\ntransferred for deposit to the credit of the Oklahoma Leaking\n\nUnderground Storage Tank Revolving Fund. All monies received by the\n\nCorporation Commission as reimbursement or penalties relating to\n\nexpenditures made from the Corporation Commission Storage Tank\n\nRevolving Fund shall be transferred for deposit to the Corporation\n\nCommission Storage Tank Revolving Fund.\n\n2. The owner or operator is liable for the cost of the\n\ncorrective action taken by the Corporation Commission pursuant to\n\nthis subsection, 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 ordered by the Commission and the Commission\n\nhas taken the corrective action, or\n\nb. the Petroleum Storage Tank Division has taken\n\ncorrective action in an emergency.\ne action taken by the Corporation Commission pursuant to\n\nthis subsection, 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 ordered by the Commission and the Commission\n\nhas taken the corrective action, or\n\nb. the Petroleum Storage Tank Division has taken\n\ncorrective action in an emergency.\n\n3. Reasonable and necessary expenses incurred by the Commission\n\nin taking a corrective action, including costs of investigating a\n\nrelease and administrative and legal expenses, may be recovered in\n\nan administrative proceeding. The Commission's certification of\n\nexpenses is prima facie evidence that the expenses are reasonable\n\nand necessary. Expenses that are recovered under this subsection\n\nshall be deposited in the Oklahoma Leaking Underground Storage Tank\n\nRevolving Fund.\n\nG. Any owner or operator of an underground storage tank who\n\nfails to comply with any order issued by the Corporation Commission\n\nfor corrective or enforcement actions may be subject to an\n\nadministrative penalty not to exceed Twenty-five Thousand Dollars\n\n($25,000.00) for each underground tank for each day of violation.\n\nThe administrative penalties assessed and collected by the\n\nCorporation Commission shall be deposited to the Oklahoma Leaking\n\nUnderground Storage Tank Revolving Fund to be disbursed by the\n\nCommission in support of relevant agency activities.","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":"026ed0a5144e44a66a5bef7c3fa4c02dbdd5ee3ff9d64c6079369d607f6132fd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-327.5","next":"us-ok/okla.-stat.-tit.-17-17-33"},"notice":"GroundRules: Original legal text. Not legal advice."}