Oklahoma § 17-312 - Enforcement of actions and remedies - Action for equitable

§ 17-312. Enforcement of actions and remedies - Action for equitable

relief - Jurisdiction - Relief.

A. Enforcement of any action for an injunction or recovery of

any administrative fine or civil penalty assessed pursuant to the

Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et

seq. of this title, or rule promulgated thereto may be brought by:

Oklahoma Statutes - Title 17. Corporation Commission

1. The district attorney of the appropriate district court of

the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma in

the appropriate district court of the State of Oklahoma; or

3. The Petroleum Storage Tank Division of the Corporation

Commission on behalf of the State of Oklahoma before an

administrative law judge of the Commission, or as otherwise

authorized by law.

B. The Division may bring an action before an administrative

law judge of the Commission, or in a court of competent jurisdiction

for equitable relief to redress or restrain a violation by any

person of a provision of the Oklahoma Petroleum Storage Tank

Consolidation Act or any rule promulgated or order issued pursuant

to the act. The administrative law judge or court has jurisdiction

to determine the action, and to grant the necessary or appropriate

relief, including but not limited to:

1. Enjoining further releases;

2. Ordering the design, construction, installation or operation

of alternate facilities;

3. Ordering the removal of facilities, contaminated soils and

the restoration of the environment;

4. Fixing and ordering compensation for any public or private

property destroyed, damaged or injured;

5. Except as otherwise provided by law, assessing and awarding

punitive damages pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act; and

6. Ordering reimbursement to any agency of federal, state or

local government from any person whose acts caused governmental

expenditures if not already reimbursed by any other state or federal

reimbursement program.

C. All judgments or fines assessed against any corporation,

person or firm for the violation of any order or regulation shall be

a first lien on all property of such corporation, person or firm

within the state, and it shall be the duty of the Corporation

Commission, if such judgment or fine is not paid within thirty (30)

days after the rendition of such judgment or fine, to issue an

execution, directed to the Marshal of the Corporation Commission,

commanding him or her to seize sufficient property of such

corporation, person or firm to satisfy the fine or judgment. It

shall be the duty of the Marshal to sell or dispose of properties

levied on by reason of an execution issued by the Commission, in

like manner as now required by sheriffs of this state, for the sale

of the property levied on by virtue of an execution issued on a

judgment of a district court.

Added by Laws 1989, c. 90 § 12, emerg. eff. April 21, 1989. Amended

by Laws 1993, c. 344, § 10, emerg. eff. June 9, 1993; Laws 1998, c.

Oklahoma Statutes - Title 17. Corporation Commission

375, § 19, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 9, eff.

Nov. 1, 2005; Laws 2018, c. 27, § 14, eff. Nov. 1, 2018.