Oklahoma § 52-140 - Earthen storage ponds - Remedial action

§ 52-140. Earthen storage ponds - Remedial action

A. The Corporation Commission shall not, by a rule or order,

prohibit the storage in earthen ponds of the deleterious substances

described in Section 139 of this title, but shall by rule or order

prescribe standards, conditions, or limitations for the use of such

ponds, and shall by rule or order prohibit the storage of such

substances in earthen ponds in areas, fields, or instances found to

be required to prevent pollution.

B. If, after notice and hearing, the Commission finds that:

Oklahoma Statutes - Title 52. Oil and Gas

1. An earthen pond is subject to the provisions of this

section;

2. It is a facility constructed or used for permanent storage

or disposal of deleterious substances;

3. It is causing or is likely to cause the discharge of

deleterious substances to the environment; and

4. The operator of such facility or any other person

responsible for repairing or closing of such facility in such manner

as is necessary to prevent further or future pollution cannot be

found or is financially unable to pay the cost of performing

remediation work, the Commission or any person authorized by the

Commission may enter upon the land upon which the facility is

located and repair, close or take such other steps as may be

reasonably necessary to remedy the condition.

C. If an emergency exists or if it otherwise appears to the

Commission that irreparable injury will result if immediate remedial

action is not taken, said entry upon the land may be made or

authorized by the Commission without notice or hearing, for the

purpose of taking such temporary remedial action as the Commission

considers necessary to prevent or minimize the injury, pending the

giving of notice and hearing.

D. For the purpose of immediately responding to emergency

situations having potentially critical environmental or public

safety impact, the Commission may take whatever necessary action,

without notice and hearing, including the expenditure of monies from

the Corporation Commission Revolving Fund, to promptly respond to

the emergency. Such emergency expenditure shall be made pursuant to

the provisions of The Oklahoma Central Purchasing Act, upon such

terms and conditions established by the Office of Management and

Enterprise Services to accomplish the purposes of this section.

Thereafter, the Commission shall seek reimbursement from the

responsible person, firm or corporation for all expenditures made

from the Corporation Commission Revolving Fund. Any monies received

as reimbursement shall be deposited to the credit of the Corporation

Commission Revolving Fund.

E. When the Commission undertakes any remedial action pursuant

to this section, all such remedial work shall be done by contracts

let upon competitive bids; provided further that the Commission

shall not expend from any fund in the State Treasury, in any fiscal

year, for the purposes herein provided, an amount of money in excess

of the total sum specifically authorized annually by the Legislature

for such purposes. Any monies received by the Commission through

execution on any required surety shall not be subject to such

limitation on expenditure for remedial action.

F. Neither the Commission nor any independent contractor of the

Commission authorized to conduct remedial action under this section

Oklahoma Statutes - Title 52. Oil and Gas

shall be held liable or responsible for any damages resulting from

operations reasonably necessary to:

1. Contain or remove deleterious substances discharged from a

facility;

2. Repair a facility; or

3. Close a facility for abandonment.

G. Nothing in this section shall limit the authority of the

Commission or relieve any person or persons otherwise legally

responsible from any obligation to:

1. Properly contain and dispose of deleterious substances;

2. Repair an earthen pond; or

3. Properly close an earthen pond before abandonment. It is

intended that the provisions of this section shall serve as a

supplemental remedy when any person or persons obligated to do so

fail or cannot be made to do so.

Added by Laws 1955, p. 482, § 2, emerg. eff. May 19, 1955. Amended

by Laws 1965, c. 228, § 2, emerg. eff. June 16, 1965; Laws 1989, c.

381, § 1, emerg. eff. June 7, 1989; Laws 1993, c. 145, § 256, eff.

July 1, 1993; Laws 1997, c. 275, § 5, eff. July 1, 1997; Laws 2012,

c. 304, § 212.