Oklahoma § 17-309 - Release from storage tank system - Corrective action

§ 17-309. Release from storage tank system - Corrective action

A. No person including but not limited to the owner or

operator, employee or agent of such owner or operator, or

Oklahoma Statutes - Title 17. Corporation Commission

transporter shall knowingly allow a release or suspicion of a

release from a storage tank system to occur or continue to occur

without reporting the release or suspicion of a release to the

Corporation Commission within twenty-four (24) hours upon

discovering such a release or information that suggests that a

release has occurred.

B. The owner or operator of a storage tank system shall

immediately take all reasonable corrective actions necessary to

prevent a release or a threatened release of regulated substances

from a storage tank system and to abate and remove any such releases

subject to applicable federal and state requirements. The

Corporation Commission shall require that any corrective action

taken by a storage tank system owner or operator or authorized by

the Commission shall be in compliance with all applicable state

statutes and rules and federal laws and regulations for the

protection of air quality and water quality and for the

transportation and disposal of any waste.

C. If there is a release from a storage tank system, the

Commission may:

1. Issue an administrative order stating the existence of an

emergency and requiring that such action be taken as the Commission

deems necessary to meet the emergency. Such order shall be

effective immediately. Any person to whom such an order is directed

shall comply with the order immediately but on application to the

Commission shall be afforded a hearing within ten (10) days after

receipt of the administrative order. On the basis of such hearing,

the Commission shall continue such order in effect, revoke it, or

modify it. Any person aggrieved by such order continued after the

hearing provided for in this subsection may appeal to the Supreme

Court as provided in Section 318 of Title 75 of the Oklahoma

Statutes. Such appeal when docketed shall have priority over all

cases pending on the docket; and

2. Require an owner, operator, or responsible person to submit

investigation, remediation or other corrective action plans to the

Petroleum Storage Tank Division of the Corporation Commission for

preapproval prior to initiating such investigation, remediation, or

other corrective action.

D. 1. The Commission may take corrective action if:

a.

an owner or operator of the storage tank system cannot

be identified,

b.

an identified owner or operator cannot or will not

comply with the order issued pursuant to subsection C

of this section,

c.

an administrative or judicial proceeding on an order

issued pursuant to subsection C of this section is

pending and the Commission determines corrective

action is necessary to protect the public health,

Oklahoma Statutes - Title 17. Corporation Commission

safety and welfare or the environment until the

administrative or judicial proceeding is resolved, or

d.

the Commission determines that the release constitutes

a danger requiring immediate action to prevent,

minimize or mitigate damage to the public health and

welfare or the environment. Before taking an action

under this paragraph, the Commission shall make all

reasonable efforts, taking into consideration the

urgency of the situation, to afford an owner or

operator notice and hearing to take a corrective

action and notify the owners or occupants of adjacent

or affected real property as specified by Section 310

of this title.

2. The owner or operator is liable for the cost of any

corrective action taken by the Commission pursuant to this

subsection, including the cost of investigating the release and

administrative and legal expenses, if:

a.

the owner or operator has failed to take a corrective

action required by the Commission and the Commission

has taken the corrective action, or

b.

the Commission has taken corrective action in an

emergency pursuant to subparagraph d of paragraph 1 of

this subsection.

3. Reasonable and necessary expenses incurred by the

Commission, the Oklahoma Leaking Underground Storage Tank Trust

Fund, or the Oklahoma Leaking Underground Storage Tank Revolving

Fund, in taking a corrective action, including costs of

investigating a release and administrative and legal expenses, may

be recovered from the Indemnity Fund by application to the

Commission with notice and hearing pursuant to Section 311 of this

title. The Commission's certification of costs incurred is prima

facie evidence that the costs incurred are reasonable and necessary.

The Commission shall be entitled to apply for and receive payment

from the Indemnity Fund upon any site upon which the Commission has

taken corrective action. Costs incurred that are recovered under

this subsection shall be deposited in the Corporation Commission

Storage Tank Revolving Fund. Costs reimbursed by the Indemnity Fund

for Oklahoma Leaking Underground Storage Tank Trust Fund or Oklahoma

Leaking Underground Storage Tank Revolving Fund expenditures shall

be deposited in the Oklahoma Leaking Underground Storage Tank

Revolving Fund.

E. Any order issued by the Commission pursuant to this section

shall not limit the liability of the owner or operator or both such

owner or operator for any injury, damages, or costs incurred by any

person as a result of the release. The owner or operator shall not

avoid any liability, statutory environmental responsibility imposed

by Section 301 et seq. of this title; or as a result of such release

Oklahoma Statutes - Title 17. Corporation Commission

by means of a conveyance of any right, title or interest in real

property; or by any indemnification, hold harmless agreement, or

similar agreement.

1. This subsection does not:

a.

prohibit a person who may be liable from entering an

agreement by which the person is insured, held

harmless, or indemnified for part or all of the

liability,

b.

prohibit the enforcement of an insurance, hold

harmless, or indemnification agreement, or

c.

bar a cause of action brought by a person who may be

liable or by an insurer or guarantor, whether by right

of subrogation or otherwise.

2. Except as otherwise provided by law, if there is more than

one person liable, such persons shall be jointly liable for any

injury, damages, or costs.

Added by Laws 1989, c. 90, § 9, emerg. eff. April 21, 1989. Amended

by Laws 1992, c. 406, § 3, emerg. eff. June 11, 1992; Laws 1993, c.

344, § 8, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 16, emerg.

eff. June 9, 1998; Laws 2005, c. 435, § 6, eff. Nov. 1, 2005; Laws

2008, c. 307, § 3, eff. July 1, 2008; Laws 2018, c. 27, § 10, eff.

Nov. 1, 2018; Laws 2019, c. 82, § 6, eff. July 1, 2019.