Oklahoma § 17-310.1 - Notice to real property owners – Access to property Compensation

§ 17-310.1. Notice to real property owners – Access to property Compensation

A. 1. The Commission shall provide notice and an opportunity

for hearing to:

a.

the surface owner of real property where any

corrective action is to be taken if such person is not

the owner or operator of the storage tank system, and

b.

the owner of real property adjacent to the location of

the corrective action if such real property owner will

be adversely affected by the corrective action.

2. The notice shall advise such real property owner or owners

that the corrective action is to be taken and that the owner's

cooperation will be required for that action to be taken. The

Oklahoma Statutes - Title 17. Corporation Commission

Commission shall give the owner or owners of such real property, as

the case might be, an opportunity for hearing and to present

evidence on the matter.

B. 1. The Commission is vested with the adjudicative authority

to enter orders allowing a petroleum storage tank system owner,

operator or otherwise responsible person access to property not

owned by the tank owner, operator or otherwise responsible person

when necessary to investigate, remediate or perform corrective

action as the result of a release. Actions shall be brought by the

tank owner, operator or otherwise responsible person seeking access

to the property not owned by the tank owner, operator, otherwise

responsible person or by the Director of the Petroleum Storage Tank

Division.

2. An order granting access shall only be entered upon a

determination that access cannot be obtained by any other means and

that the petroleum storage tank system owner, operator or otherwise

responsible person seeking access has made a good-faith effort to

obtain access.

3. The Commission shall determine the reasonable compensation,

if any, to be paid to the owner of the property which is to be

accessed for the use of the property to investigate, remediate or

perform corrective action as the result of a release.

4. An order granting access to property shall be upon such

terms as to reasonably minimize the impact of the access upon the

owner's use of the property and to protect the rights of the

property owner.

Added by Laws 2018, c. 27, § 12, eff. Nov. 1, 2018.