Oklahoma § 17-328 - Oklahoma Leaking Underground Storage Tank Trust Fund Oklahoma Leaking Underground Storage Tank Revolving Fund

§ 17-328. Oklahoma Leaking Underground Storage Tank Trust Fund Oklahoma Leaking Underground Storage Tank Revolving Fund

A. There is hereby created in the State Treasury a fund for the

Corporation Commission to be designated the "Oklahoma Leaking

Underground Storage Tank Trust Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of loans and grants from the federal government and any

state matching funds required by the federal government with regard

to underground storage tanks.

Oklahoma Statutes - Title 17. Corporation Commission

B. There is hereby created in the State Treasury a revolving

fund for the Corporation Commission to be designated the "Oklahoma

Leaking Underground Storage Tank Revolving Fund". The fund shall be

a continuing fund, not subject to fiscal year limitations, and shall

consist of monies from public or private sources, and any monies

collected pursuant to the provisions of this section.

C. All monies accruing to the credit of the Oklahoma Leaking

Underground Storage Tank Trust Fund and the Oklahoma Leaking

Underground Storage Tank Revolving Fund are hereby appropriated and

may be budgeted and expended by the Corporation Commission only for

the purpose provided in this section, to best protect human health

and the environment. Expenditures from the funds shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

D. The Corporation Commission is hereby given the power and

authority to receive, administer and authorize payments from the

Oklahoma Leaking Underground Storage Tank Trust Fund and the

Oklahoma Leaking Underground Storage Tank Revolving Fund. The

Commission shall establish separate accounts and subaccounts within

the Oklahoma Leaking Underground Storage Tank Trust Fund and the

Oklahoma Leaking Underground Storage Tank Revolving Fund deemed

necessary to implement the provisions of this section.

E. For the purpose of immediately responding to emergency

situations created by leaking underground storage tanks having

potentially critical environmental or public health or safety

impact, the Corporation Commission may take whatever action it deems

necessary without notice or hearing, including the expenditure of

monies from either the Oklahoma Leaking Underground Storage Tank

Trust Fund or the Oklahoma Leaking Underground Storage Tank

Revolving Fund or from both such funds to promptly respond to the

emergency.

F. 1. The Corporation Commission shall seek reimbursement from

the responsible person, firm or corporation for all expenditures

made from either the Oklahoma Leaking Underground Storage Tank Trust

Fund or the Oklahoma Leaking Underground Storage Tank Revolving Fund

or from both such funds. All monies received by the Corporation

Commission as reimbursement or penalties relating to expenditures

made from the Oklahoma Leaking Underground Storage Tank Trust Fund

or Oklahoma Leaking Underground Storage Tank Revolving Fund shall be

transferred for deposit to the credit of the Oklahoma Leaking

Underground Storage Tank Revolving Fund. All monies received by the

Corporation Commission as reimbursement or penalties relating to

expenditures made from the Corporation Commission Storage Tank

Revolving Fund shall be transferred for deposit to the Corporation

Commission Storage Tank Revolving Fund.

Oklahoma Statutes - Title 17. Corporation Commission

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

corrective action taken by the Corporation 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 ordered by the Commission and the Commission

has taken the corrective action, or

b.

the Petroleum Storage Tank Division has taken

corrective action in an emergency.

3. Reasonable and necessary expenses incurred by the Commission

in taking a corrective action, including costs of investigating a

release and administrative and legal expenses, may be recovered in

an administrative proceeding. The Commission's certification of

expenses is prima facie evidence that the expenses are reasonable

and necessary. Expenses that are recovered under this subsection

shall be deposited in the Oklahoma Leaking Underground Storage Tank

Revolving Fund.

G. Any owner or operator of an underground storage tank who

fails to comply with any order issued by the Corporation Commission

for corrective or enforcement actions may be subject to an

administrative penalty not to exceed Twenty-five Thousand Dollars

($25,000.00) for each underground tank for each day of violation.

The administrative penalties assessed and collected by the

Corporation Commission shall be deposited to the Oklahoma Leaking

Underground Storage Tank Revolving Fund to be disbursed by the

Commission in support of relevant agency activities.

Added by Laws 2018, c. 27, § 30, eff. Nov. 1, 2018.