{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-140","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-140","heading":"Earthen storage ponds - Remedial action","body":"A. The Corporation Commission shall not, by a rule or order,\n\nprohibit the storage in earthen ponds of the deleterious substances\n\ndescribed in Section 139 of this title, but shall by rule or order\n\nprescribe standards, conditions, or limitations for the use of such\n\nponds, and shall by rule or order prohibit the storage of such\n\nsubstances in earthen ponds in areas, fields, or instances found to\n\nbe required to prevent pollution.\n\nB. If, after notice and hearing, the Commission finds that:\n\n1. An earthen pond is subject to the provisions of this\n\nsection;\n\n2. It is a facility constructed or used for permanent storage\n\nor disposal of deleterious substances;\n\n3. It is causing or is likely to cause the discharge of\n\ndeleterious substances to the environment; and\n\n4. The operator of such facility or any other person\n\nresponsible for repairing or closing of such facility in such manner\n\nas is necessary to prevent further or future pollution cannot be\n\nfound or is financially unable to pay the cost of performing\n\nremediation work, the Commission or any person authorized by the\n\nCommission may enter upon the land upon which the facility is\n\nlocated and repair, close or take such other steps as may be\n\nreasonably necessary to remedy the condition.\n\nC. If an emergency exists or if it otherwise appears to the\n\nCommission that irreparable injury will result if immediate remedial\n\naction is not taken, said entry upon the land may be made or\n\nauthorized by the Commission without notice or hearing, for the\n\npurpose of taking such temporary remedial action as the Commission\n\nconsiders necessary to prevent or minimize the injury, pending the\n\ngiving of notice and hearing.\n\nD. For the purpose of immediately responding to emergency\n\nsituations having potentially critical environmental or public\n\nsafety impact, the Commission may take whatever necessary action,\n\nwithout notice and hearing, including the expenditure of monies from\n\nthe Corporation Commission Revolving Fund, to promptly respond to\n\nthe emergency. Such emergency expenditure shall be made pursuant to\n\nthe provisions of The Oklahoma Central Purchasing Act, upon such\n\nterms and conditions established by the Office of Management and\n\nEnterprise Services to accomplish the purposes of this section.\n\nThereafter, the Commission shall seek reimbursement from the\n\nresponsible person, firm or corporation for all expenditures made\n\nfrom the Corporation Commission Revolving Fund. Any monies received\n\nas reimbursement shall be deposited to the credit of the Corporation\n\nCommission Revolving Fund.\n\nE. When the Commission undertakes any remedial action pursuant\n\nto this section, all such remedial work shall be done by contracts\n\nlet upon competitive bids; provided further that the Commission\n\nshall not expend from any fund in the State Treasury, in any fiscal\n\nyear, for the purposes herein provided, an amount of money in excess\n\nof the total sum specifically authorized annually by the Legislature\n\nfor such purposes. Any monies received by the Commission through\n\nexecution on any required surety shall not be subject to such\n\nlimitation on expenditure for remedial action.\n\nF. Neither the Commission nor any independent contractor of the\n\nCommission authorized to conduct remedial action under this section\n\nshall be held liable or responsible for any damages resulting from\n\noperations reasonably necessary to:\n\n1. Contain or remove deleterious substances discharged from a\n\nfacility;\n\n2. Repair a facility; or\n\n3. Close a facility for abandonment.\n\nG. Nothing in this section shall limit the authority of the\n\nCommission or relieve any person or persons otherwise legally\n\nresponsible from any obligation to:\n\n1. Properly contain and dispose of deleterious substances;\n\n2. Repair an earthen pond; or\n\n3. Properly close an earthen pond before abandonment. It is\narged from a\n\nfacility;\n\n2. Repair a facility; or\n\n3. Close a facility for abandonment.\n\nG. Nothing in this section shall limit the authority of the\n\nCommission or relieve any person or persons otherwise legally\n\nresponsible from any obligation to:\n\n1. Properly contain and dispose of deleterious substances;\n\n2. Repair an earthen pond; or\n\n3. Properly close an earthen pond before abandonment. It is\n\nintended that the provisions of this section shall serve as a\n\nsupplemental remedy when any person or persons obligated to do so\n\nfail or cannot be made to do so.","path":["OK Code","Title 52"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os52.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"354755d81aad09aa50890173bcdc03a2d12d5f079942eaad8f1ccc04fa160b14","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-139","next":"us-ok/okla.-stat.-tit.-52-52-141"},"notice":"GroundRules: Original legal text. Not legal advice."}