Oklahoma § 17-308 - Permits - Registration - Fees - Inspection - Financial

§ 17-308. Permits - Registration - Fees - Inspection - Financial

responsibility coverage.

A. 1. Except as otherwise provided by this subsection, no

storage tank system or facility shall be operated without a permit

from the Corporation Commission.

2. A storage tank system is not required to be permitted if the

tank system:

a.

does not contain or has not contained a regulated

substance, or

b.

has been permanently closed or has not been in

operation since January 1, 1974.

B. No person shall deposit a regulated substance into a storage

tank system unless the system is operating pursuant to a permit

issued by the Commission.

Oklahoma Statutes - Title 17. Corporation Commission

C. Any person who sells a storage tank system shall notify the

owner or operator, or both, of the permit requirements of the

Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et

seq. of this title.

D. A storage tank registration form must be provided to and

approved by the Commission before a permit is issued. In addition

to other information requested by the Commission, the registration

form shall include the type of financial responsibility coverage

utilized to comply with the requirements of the Oklahoma Petroleum

Storage Tank Consolidation Act and by rule of the Commission and the

type of leak detection method employed.

E. 1. Permits shall be issued by the Commission for a period

not to exceed one (1) year.

2. Any permit issued pursuant to the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act may be transferred subject

to rules promulgated by the Commission and only upon approval by the

Commission.

3. Any permittee subject to the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act shall be deemed to have

given consent to any duly authorized employee or agent of the

Commission to access, enter, inspect or monitor, the tank system or

facility in accordance with the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act. Refusal to allow such access,

entry, or inspection may constitute grounds for the denial,

nonrenewal, suspension, or revocation of a permit. Upon refusal of

access, entry, inspection, sampling or copying pursuant to this

section, the Director may make application for and obtain an

administrative warrant or an order from the Commission after notice

and hearing to allow such entry, inspection, testing, sampling or

copying.

4. The owner or operator of a storage tank system shall display

the permit in a conspicuous location or manner easily visible to any

person depositing a regulated substance into a storage tank system

even after normal business hours.

F. Any permit fee collected pursuant to the Oklahoma Petroleum

Storage Tank Consolidation Act shall be deposited in the Corporation

Commission Storage Tank Revolving Fund.

G. The Commission may deny approval of a storage tank

registration, or refuse to reissue, suspend or revoke a permit

issued pursuant to the Oklahoma Petroleum Storage Tank Consolidation

Act if the Commission finds, after notice and a hearing pursuant to

Section 311 of this title that the applicant or permittee has:

1. Fraudulently or deceptively obtained or attempted to obtain

a permit;

2. Failed to comply with any order of the Commission, provision

or requirement of this act or any rules promulgated by the

Oklahoma Statutes - Title 17. Corporation Commission

Commission in accordance with the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act; or

3. Not maintained in effect, the financial responsibility

requirements established by subsection H of this section and by

rules of the Commission.

H. Any person owning or operating a storage tank system

containing a regulated substance who is not otherwise exempted by

law or rule of the Commission shall obtain and have in effect

financial responsibility coverage for taking corrective action and

for compensating third parties for physical injury and property

damage caused by releases arising from operating storage tank

systems. The requirement for financial responsibility coverage

specified by this subsection shall not be more stringent than is

required by the federal Environmental Protection Agency for storage

tank systems of equal type, age, and classification.

Added by Laws 1989, c. 90, § 8, emerg. eff. April 21, 1989. Amended

by Laws 1993, c. 344, § 6, emerg. eff. June 9, 1993; Laws 1998, c.

375, § 14, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 5, eff.

Nov. 1, 2005; Laws 2018, c. 27, § 8, eff. Nov. 1, 2018; Laws 2019,

c. 82, § 5, eff. July 1, 2019.