Oklahoma § 17-324 - Petroleum Storage Tank Indemnity Fund – Expenditures –

§ 17-324. Petroleum Storage Tank Indemnity Fund – Expenditures –

Administrator – Composition of fund.

A. Monies in the Petroleum Storage Tank Indemnity Fund shall

only be expended for:

1. Reimbursements to eligible persons, unless duly assigned to

another, for eligible expenses including the costs to identify and

confirm the existence of a suspected release when so instructed by

the Petroleum Storage Tank Division or when such expenses as

determined by the Petroleum Storage Tank Division as necessary and

appropriate to protect the health, safety and welfare of the public

and the environment;

Oklahoma Statutes - Title 17. Corporation Commission

2. Reimbursement of actual costs incurred by the Division for

the administration of the Indemnity Fund;

3. Purchase real property, personal property and easements in

conjunction with corrective action efforts and/or the establishment

of an alternative water supply as provided for in Section 306 of

this title;

4. Reimbursement of actual costs incurred by the Petroleum

Storage Tank Division for the administration of the Indemnity Fund

and costs incurred for the purpose of evaluating claims and

determining whether specific claims qualify for payment or

reimbursement from the Indemnity Fund. Any costs incurred by and

reimbursed to the Commission pursuant to the provisions of the

Indemnity Fund shall not exceed the actual expenditures made by the

Commission to implement the provisions of the Indemnity Fund; and

5. Payment of claims from the Indemnity Fund shall not become

or be construed to be an obligation of this state. No claims

submitted for reimbursement from the Indemnity Fund shall be paid

with state monies.

B. The Director of the Petroleum Storage Tank Division shall

hire an Administrator who shall administer the Indemnity Fund for

the benefit of those persons determined to be eligible by the

Administrator to receive total or partial reimbursement for:

1. The costs determined to be eligible by the Administrator in

preparing a corrective action plan;

2. The cost of corrective action taken in response to an

eligible release;

3. Payment of claims for property damage or personal injury

resulting from an eligible release; and

4. Necessary costs incidental to the cost of a site assessment

or the corrective action taken and for filing and obtaining

reimbursement from the Indemnity Fund.

C. Reimbursements made to or for the benefit of eligible

persons shall be exempt from The Oklahoma Central Purchasing Act.

D. 1. Costs incurred as a result of a release from a storage

tank system owned or operated by this state are reimbursable

pursuant to the provisions of the Oklahoma Petroleum Storage Tank

Consolidation Act. State-owned facilities shall take the proper

corrective action as may be necessary to protect the environment

from a leaking storage tank system. An agency of the state may also

access said fund for reimbursement when it purchases property

containing storage tanks from an owner or operator qualified to

access the Indemnity Fund and upon which an eligible release has

occurred prior to the agency acquiring the property.

2. Costs incurred as a result of a release from a storage tank

system owned or operated by a Class I railroad or the federal

government are not reimbursable pursuant to the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act.

Oklahoma Statutes - Title 17. Corporation Commission

E. The Indemnity Fund shall consist of:

1. All monies received by the Commission as proceeds from the

assessment imposed pursuant to Section 327.1 of this title;

2. Interest attributable to investment of money in the

Indemnity Fund; and

3. Money received by the Commission in the form of gifts,

grants, reimbursements or from any other source intended to be used

for the purposes specified by or collected pursuant to the

provisions of the Oklahoma Petroleum Storage Tank Consolidation Act.

F. 1. Except as provided in this section, the monies deposited

in the Indemnity Fund shall at no time become monies of the state

and shall not become part of the general budget of the Commission or

any other state agency. Except as otherwise authorized by the

Oklahoma Petroleum Storage Tank Consolidation Act, no monies from

the Indemnity Fund shall be transferred for any purpose to any other

state agency or any account of the Commission or be used for the

purpose of contracting with any other state agency or reimbursing

any other state agency for any expense.

2. Monies from the Indemnity Fund may be used to pay or

reimburse the Commission for the salary and indirect expense of any

employee of the Petroleum Storage Tank Division while such employee

is performing work involved in the regulation of storage tanks

pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act or

the administration of programs pursuant to said act, including the

development, review and approval of corrective action plans as

required by the regulatory programs. The Indemnity Fund shall pay

for all costs associated with administering the Compliance and

Inspection Department including, but not limited to, automobile and

travel costs, computer software and equipment, and other costs

incurred in administering the Compliance and Inspection Department.

The Commission shall cross-train the field staff of the Petroleum

Storage Tank Division to perform inspections and related field

activities for all programs within the Division and the Indemnity

Fund may reimburse the Division the actual costs of inspection

services performed on behalf of the Indemnity Fund.

Added by Laws 1998, c. 375, § 4, emerg. eff. June 9, 1998. Amended

by Laws 2004, c. 430, § 5, emerg. eff. June 4, 2004; Laws 2005, c.

435, § 16, eff. Nov. 1, 2005; Laws 2018, c. 27, § 22, eff. Nov. 1,

2018; Laws 2019, c. 82, § 9, eff. July 1, 2019.