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2023 Oklahoma Statutes › Title 17. Corporation Commission › §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 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.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §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:
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. 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.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-313. Records, reports and information - Public inspection - Confidentiality - Disclosure to federal or state representatives.

A. Any records, reports or information obtained pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act shall be available to the public except as provided in subsection B of this section.
B. Upon a showing satisfactory to the Corporation Commission by any person that records, reports or information, or a particular part thereof is made public, would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, the Commission shall consider such record, report or information or particular portion thereof, confidential.
C. Nothing in this section shall be construed to prevent disclosures of such report, record or information to federal or state representatives as necessary for purposes of administration of any federal or state laws or when relevant to proceedings pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act.
D. Information concerning groundwater quality and the presence or concentration of regulated substances or chemicals of concern, in soils or groundwater shall not be considered confidential by the Commission.
Added by Laws 1989, c. 90, § 13, emerg. eff. April 21, 1989. Amended by Laws 1993, c. 344, § 11, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 20, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 10, eff. Nov. 1, 2005; Laws 2018, c. 27, § 15, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-314. Annual report of new releases.

The Corporation Commission shall prepare an annual compilation of new reported releases at the end of the fiscal year, make available to the public and provide that report to the Storage Tank Advisory Council, the Legislature and to the Governor. The report shall contain:
1. The number of petroleum release cases activated during the fiscal year;
2. The number of petroleum release cases closed during the fiscal year; and
3. The number of petroleum release cases closed since inception.
Added by Laws 1989, c. 90, § 14, emerg. eff. April 21, 1989. Amended by Laws 1998, c. 375, § 21, emerg. eff. June 9, 1998; Laws 2018, c. 27, § 16, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-315. Corporation Commission Storage Tank Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Corporation Commission, to be designated the "Corporation Commission Storage Tank Revolving Fund", (Storage Tank Revolving Fund). The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Commission, from:
1. The proceeds of any fees imposed pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et seq. of this title;
2. Interest attributable to investment of monies in the Corporation Commission Storage Tank Revolving Fund;
3. Monies received by the Commission in the form of gifts, grants other than federal grants, reimbursements or appropriations from any source intended to be used for the purposes of the revolving fund;
4. Fines, forfeitures, administrative fees, settlement proceeds; and
5. Any other sums designated for deposit to the revolving fund from any source public or private.
All monies accruing to the credit of said revolving fund are hereby appropriated and may be budgeted and expended by the Commission for the purpose of implementing the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act and the rules promulgated thereto. Expenditures from said revolving fund 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.
Added by Laws 1989, c. 90, § 15, emerg. eff. April 21, 1989. Amended by Laws 1990, c. 252, § 13, operative July 1, 1990; Laws 1993, c. 344, § 12, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 22, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 11, eff. Nov. 1, 2005; Laws 2012, c. 304, § 61; Laws 2018, c. 27, § 17, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-316. Ordinance or regulations in conflict with act prohibited.

No county, incorporated or nonincorporated municipality, state agency or political subdivision shall enact ordinances or promulgate any rules, ordinances, regulations or requirements governing any aspect of petroleum storage tank system regulation within the State of Oklahoma that shall be in conflict with any of the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act, or any rules promulgated or any orders issued by the Corporation Commission pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act.
Added by Laws 1989, c. 90, § 16, emerg. eff. April 21, 1989. Amended by Laws 1993, c. 344, § 13, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 23, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 12, eff. Nov. 1, 2005; Laws 2018, c. 27, § 18, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-318. Licensing of storage tank professionals - Contractors required to meet training and other requirements of federal and state laws and regulations.

A. 1. The Corporation Commission is authorized to implement a program for the licensing of petroleum storage tank professionals. Persons licensed by the Commission as environmental consultants must have the training, education and experience as may be required by the Commission. Persons seeking to become licensed may be required to demonstrate knowledge, experience and expertise of soil and water protection and remediation techniques and the regulation of petroleum storage tanks.
2. The Corporation Commission shall require that all contractors and their employees participating in the removal of storage tanks and the corrective action or remediation of contaminated tank sites meet all training and other requirements of federal law and regulations, and state statutes.
B. 1. The Commission may deny, suspend, revoke, or reinstate the license of a petroleum storage tank professional.
2. The Commission shall promulgate rules establishing the basis for denial, suspension, revocation, or reinstatement of a petroleum storage tank professional license, and establishing procedures for disciplinary actions.
3. The burden of proof in all proceedings brought pursuant to this section shall be clear and convincing evidence.
4. Proceedings relating to the suspension or revocation of a license issued pursuant to this section are subject to the hearing, penalty and enforcement provisions of the Oklahoma Petroleum Storage Tank Consolidation Act.
5. A person whose license has been revoked in a proceeding brought pursuant to this section may apply for a new license after the expiration of a term of no less than one (1) year and no more than five (5) years from the date of revocation, depending on the decision of the Director of the Petroleum Storage Tank Division of the Corporation Commission. Upon a subsequent determination of violation of:
a.
the Oklahoma Petroleum Storage Tank Consolidation Act,
b.
the Oklahoma Petroleum Storage Tank Indemnity Fund, or
c.
promulgated rules,
the Commission may, after notice and hearing, revoke a petroleum storage tank professional license for a term no less than five (5) years.
Added by Laws 1993, c. 344, § 14, emerg. eff. June 9, 1993. Amended by Laws 1998, c. 375, § 24, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 13, eff. Nov. 1, 2005; Laws 2018, c. 27, § 19, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-319. Underground Storage Tank Operator Training Program.

A. The Corporation Commission is authorized to implement an Underground Storage Tank Operator Training Program as required to comply with the provisions of the federal Energy Policy Act of 2005.
B. The Commission shall develop a training program within their agency it deems appropriate to fulfill the requirements of federal law or the provisions of this section.
C. Operators of underground storage tanks shall complete a training program commensurate with their responsibility for the operation of underground storage tanks. The training program shall be approved by the Commission and encompass training for persons with three levels of responsibility for storage tank operation as follows:
1. Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
2. Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems; and
3. Persons with daily, on-site primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank.
D. Storage tank operators shall be required to complete the training program required by the Commission to obtain certification for the operation of underground storage tanks.
E. Operators of underground storage tank systems shall repeat the applicable training if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with a requirement or order of the Commission.
F. The Commission is authorized to promulgate any rules necessary to comply with the provisions of this section.
Added by Laws 2008, c. 307, § 6, eff. July 1, 2008. Amended by Laws 2018, c. 27, § 20, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-321. Short title - Purpose - Scope.

A. It is the intent of the Legislature that the regulation of spills and releases from petroleum storage tanks, oversight of petroleum storage tank environmental cleanups, and the reimbursement of claims for costs incurred for petroleum storage tank environmental cleanups be administered by a single division of the Corporation Commission, the Petroleum Storage Tank Division.
B. This act shall be known and may be cited as the "Oklahoma Petroleum Storage Tank Reform Act".
C. The purpose of the Oklahoma Petroleum Storage Tank Reform Act is to provide for the administration of the various programs within the Corporation Commission regulating the release or spilling of fuel from petroleum storage tanks and to:
1. Eliminate overlap and duplication of effort;
2. Provide that petroleum storage tank regulatory concerns of industry and the public shall be addressed in an expedient manner; and
3. Better utilize financial resources for petroleum storage tank regulatory services, administration, and reimbursement of claims for environmental cleanup by the Petroleum Storage Tank Indemnity Fund.
D. The Storage Tank Advisory Council shall make recommendations and the Corporation Commission shall adopt rules to implement the provisions of this act by January 1, 1999. These rules shall include procedural rules specifically designed for the adjudication of cases within the jurisdiction of the Division.
E. The provisions of this act shall be applicable to all current, pending, past and future contracts, claims and cases within the jurisdiction of the Division, provided that this subsection shall not apply, nor be construed to authorize or permit the reopening or re-review of the underlying claim or claims of any cases which were formally settled pursuant to a formal settlement agreement or in which a final order was entered by the Corporation Commission. Further, the provisions of this act shall not change or modify the terms of pay for performance or purchase order contracts entered into prior to the effective date of this act.
Added by Laws 1998, c. 375, § 1, emerg. eff. June 9, 1998. Amended by Laws 2005, c. 435, § 14, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-327. Approval requirements for certain bills to change the Petroleum Storage Tank Indemnity Fund.

A. Any Petroleum Storage Tank Indemnity Fund bill which would change the distribution of the assessment imposed pursuant to the provisions of Section 327.1 of this title and decrease the amount required to be deposited in the Petroleum Storage Tank Indemnity Fund shall require approval of not less than two-thirds (2/3) of the membership of each House of the Legislature to become law.
B. The provisions of subsection A of this section shall not apply to any Petroleum Storage Tank Indemnity Fund bill that appropriates monies from the Petroleum Storage Tank Indemnity Fund for purposes of increasing the costs of administering the Indemnity Fund or related administrative functions of the Corporation Commission.
C. For purposes of this section, a "Petroleum Storage Tank Indemnity Fund bill" shall mean any bill which amends any or all of Section 328 of this title or any bill that impacts the distribution of the assessment set forth in Section 328 of this title.
Added by Laws 2018, c. 27, § 24, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 11, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-327.4. Confidential records, reports or information.

Upon a showing satisfactory to the Corporation Commission by any person that records, reports or information, or a particular part thereof, if made public, would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, the Commission shall consider such record, report or information, or particular portion thereof, confidential.
Added by Laws 2018, c. 27, § 28, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-327.5. Indemnity Fund claim payments - Subrogation.

A. Payment of any claim from the Indemnity Fund shall be subject to the Indemnity Fund acquiring by subrogation the right to recover from any person any amounts paid by the Indemnity Fund to or on behalf of any eligible person which may be determined to be fraudulent, reimbursable by other sources, or excessive. The Administrator shall bring an action on behalf of the Indemnity Fund to recover any such monies in the district court where the property is located or where the person from whom recovery is sought resides. The prevailing party in such cases shall be entitled to recover interest, costs of the action and attorney fees. Costs of the action shall include filing fees, administrative costs, witness fees and expenses related to the proceeding.
B. The Administrator is authorized to represent and protect the Indemnity Fund in any state or federal judicial or administrative proceeding.
C. Any person who is a party to a lawsuit and who may request any payment or reimbursement payable from the Indemnity Fund as a result of such lawsuit shall notify the Administrator upon being served with notice of the lawsuit. The Administrator is authorized to establish and enforce such third-party claim requirements as are necessary to implement and comply with the provisions of this section.
Added by Laws 2018, c. 27, § 29, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-330. Required procedures for hearing of protests.

A. In every case requiring the exercise of its adjudicative authority pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, the Corporation Commission shall:
1. Require that any person protesting a case shall file a response or notice of protest at least five (5) days prior to the scheduled hearing date. The Corporation Commission may extend the time for filing upon a showing of exigent or extraordinary circumstances;
2. Require that each case shall be heard within one hundred eighty (180) days of the date of filing unless all parties actively participating in the case agree otherwise or as otherwise provided in this section and due to this time constraint, all Petroleum Storage Tank Division cases, regardless of type of matter, shall be given priority on that day's docket;
3. Provide for the issuance of subpoenas pursuant to the provisions of Section 2004.1 of Title 12 of the Oklahoma Statutes; and
4. Provide that discovery be conducted pursuant to the provisions of the Oklahoma Discovery Code, Sections 3224 through 3237 of Title 12 of the Oklahoma Statutes.
B. No more than two continuances shall be granted by the Corporation Commission in any case unless the continuance is agreed to by all of the parties actively participating in the case or as otherwise provided in this section.
C. The Corporation Commission may grant permission to file out of time or an extension of time or continuance contrary to the provisions of subsections A and B of this section upon the showing of exigent or extraordinary circumstances.
Added by Laws 1998, c. 375, § 38, emerg. eff. June 9, 1998. Amended by Laws 2018, c. 27, § 31, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-341. Unlawful to sell, offer for sale, use or consume regulated substances not in compliance.

It shall be unlawful for any person, firm or corporation in the State of Oklahoma to sell, offer for sale, use or consume any regulated substances manufactured in this state or brought into it unless the same complies with the rules of the Corporation Commission and the laws of the State of Oklahoma.
Added by Laws 2018, c. 27, § 33, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-341.1. Fuel inspection and compliance personnel.

For the purpose of enforcing the fuel inspection laws of the State of Oklahoma, the Corporation Commission Petroleum Storage Tank Division shall appoint and assign fuel inspection and compliance personnel sufficient to discharge the duties and obligations of the Commission regarding the inspection, testing, calibration and compliance of fuel and fuel storage facilities pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act.
Added by Laws 2018, c. 27, § 34, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-341.2. Division employees – Prohibited from jobs or businesses in regulated field.

The employees of the Petroleum Storage Tank Division shall not engage in any job or business in an industry or engage in a profession in any area or field regulated by the Petroleum Storage Tank Division of the Corporation Commission.
Added by Laws 2018, c. 27, § 35, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-341.3. Severability.

If any section, paragraph, sentence, or phrase of Section 301 et seq. of this title shall be declared unconstitutional or void, for any reason, by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence, or phrase of this act, but the same shall continue in full force and effect.
Added by Laws 2018, c. 27, § 36, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 14, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-342. Authority to promulgate rules and specifications.

A. Jurisdiction is conferred upon the Corporation Commission, and the same is authorized and empowered, to prescribe and promulgate rules and specifications for safety and quality with reference to regulated substances as it may deem proper from time to time. The Corporation Commission shall prescribe rules governing the test for octane rating on motor fuels and prescribe the rating.
B. All specifications as may be prescribed and promulgated by the Corporation Commission shall be accepted as statutory enactments and shall be received as prima facie evidence by any court of competent jurisdiction within the State of Oklahoma.
Added by Laws 2018, c. 27, § 37, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-343. Inspection required for regulated substances and mixtures - Penalties.

A. It shall be unlawful for any person to sell, or offer for sale, any regulated substance without first having had the same inspected and any liquid intended to be mixed with any regulated substance to form a mixture designed to be used as in internal combustion engines.
B. It shall be unlawful for any person to sell, or offer for sale, any mixtures or combinations of any two or more regulated substances without first having had such mixture or combination inspected as herein provided. It shall not be an excuse or defense to a prosecution therefor that the component liquids had previously been inspected.
C. If any person shall sell, or offer for sale, any regulated substances or mixtures or combinations, without having had the same inspected as herein provided, he or she shall be guilty of a misdemeanor and be subject to a fine of Five Hundred Dollars ($500.00) per day per violation and imprisonment for ninety (90) days, or both, for each offense.
Added by Laws 2018, c. 27, § 38, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-344. Refusal to admit inspector - Penalties.

A. Any dealer in or manufacturer or other person in possession of regulated substances who refuses to admit an inspector upon the premises to perform the duties of the inspector shall, for each refusal to admit on his or her premises, or obstruction offered to an inspector, be guilty of a misdemeanor and be subject to a fine of Five Hundred Dollars ($500.00) per day per violation and imprisonment for ninety (90) days, or both, for each offense.
B. Any person who owns or has custody of any measuring device who shall refuse to admit employees of the Corporation Commission upon his or her premises so far as it may be necessary for the performance of their duties, or shall obstruct such employees in the performance of their duties, shall for each separate offense be guilty of a misdemeanor and subject to a fine of One Hundred Dollars ($100.00).
Added by Laws 2018, c. 27, § 39, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 15, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-345. Authority to promulgate tests, standards, specifications and rules – Voluntary calibration program.

A. The Corporation Commission is hereby authorized and directed to promulgate such tests, standards, specifications and rules necessary to carry out the provisions of this act and to ensure that all measuring devices shall be of the highest degree of accuracy reasonably consistent with the nature of the substance measured, and for such purpose the Commission shall have authority to prescribe such maximum limits of allowable error for such measuring devices as the Commission deems necessary to prevent fraud resulting from inaccurate measurement.
B. The Commission is authorized to promulgate rules as necessary to establish a voluntary calibration program for tanks and containers used in this state to transport motor fuel, diesel fuel or blending material; provided, however, this shall not include the fuel supply tanks of a motor vehicle. The Commission is further authorized to establish a fee not to exceed Fifty Dollars ($50.00) for the calibration of these tanks and containers. The fees are to cover the costs necessary for the enforcement of this act.
C. Any tank or container calibrated by the manufacturer, officials of another state, the Tax Commission or the Corporation Commission shall not be subject to further calibration testing by the Commission unless the physical shape or size of the tank or container has been altered by accident or design. A Certificate of Measurement shall be issued by the Commission for tanks and containers which are calibrated by the manufacturer, another state or the Commission. Nothing herein shall prohibit the Commission from ordering the mandatory calibration testing of any tank, container or metering device which the Commission has good reason to believe is inaccurate and is being utilized to defraud any person, firm or corporation.
D. Fees collected under the provisions of this act shall be deposited in the State Treasury to the credit of the Corporation Commission Revolving Fund.
Added by Laws 2018, c. 27, § 40, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-346. Duty to inspect fueling facilities.

A. It shall be the duty of the Petroleum Storage Tank Division to inspect all fueling facilities where regulated substances are kept or stored, for the purpose of determining whether or not such products comply with the orders, rules and specifications of the Corporation Commission and the laws of the state. The Petroleum Storage Tank Division may take samples from any and all places where such products are kept or stored, and shall test the same or have the same tested to determine whether or not the owner or other person in charge of the fueling facility where regulated substances are kept or stored is complying with the orders, rules and specifications of the Corporation Commission and the laws of this state.
B. It shall be the further duty of the Petroleum Storage Tank Division whenever it finds a dispenser or receptacle used for delivering regulated substances which does not meet the minimum specifications required by the rules of the Corporation Commission and the laws of the state immediately to seal and lock the dispenser or receptacle. The seal will be removed when the violation is corrected. The owner has the right to apply for a hearing before the Corporation Commission.
The Petroleum Storage Tank Division shall make such reports to the Corporation Commission as required.
Added by Laws 2018, c. 27, § 41, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-346.1. Duty to inspect measuring devices.

It shall be the duty of the Corporation Commission Petroleum Storage Tank Division to inspect all measuring devices in this state for the purpose of determining whether or not such measuring devices comply with the tests, standards, specifications and rules of the Commission promulgated under authority of this act; and it shall be the further duty of the Commission whenever it finds a measuring device which does not meet or comply with the tests, standards, specifications or rules to immediately report the facts and circumstances and place a seal or label on the measuring device, stating that the measuring device does not meet or comply with the required tests, standards, specifications or rules, and immediately to seal and lock the measuring device; provided, that the owner or operator thereof shall have the right to make application to the Commission for an order removing the sign, label, lock or seal, which application shall be heard by the Commission without unnecessary delay, and no notice of hearing shall be required.
Added by Laws 2018, c. 27, § 42, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-346.2. Applicability to regulated substances in transit to other states.

The provisions of Section 341 of this title shall not apply to regulated substances brought into this state in transit for shipment to and consumption in other states or territories.
Added by Laws 2018, c. 27, § 43, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 16, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-346.3. Noncompliance – Tampering with sign, lock or seal - Penalties.

Any person, firm or corporation who sells, offers for sale, uses or consumes any regulated substance within the State of Oklahoma which does not comply with the rules and specifications of the Corporation Commission and the laws of the State of Oklahoma, or any person who tampers with, alters, defaces or destroys any sign, lock or seal mentioned in this chapter, shall be guilty of a misdemeanor and upon conviction or upon a finding of contempt be punished by an administrative fine of not more than Five Hundred Dollars ($500.00). Each day on which any person, firm or corporation violates any of such orders and rules shall be deemed a separate and distinct offense.
Added by Laws 2018, c. 27, § 44, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-346.4. Noncompliance of measuring device – Tampering with sign, label, seal or lock – Violation of rule or order - Penalties.

Any person who owns or has custody or control of any measuring device which does not meet or comply with the tests, standards, specifications and rules of the Corporation Commission or any person who tampers with, alters, defaces or destroys any sign, label, seal or lock mentioned in Section 346 of this title, without having first secured an order permitting the removal of such sign, label, seal or lock, as provided in Section 346 of this title, or any person who violates any rule or order of the Commission promulgated under authority of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00), administrative penalties as set forth in Section 311 of this title, and/or punitive damages as set forth in Section 312 of this title; and each day on which any person, firm or corporation violates any of such orders or rules shall be deemed a separate offense. The court may order restitution for any actual damages incurred.
Added by Laws 2018, c. 27, § 45, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 17, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-347. Ethanol or methanol label requirements.

A. No person shall sell or offer for sale motor fuel from a motor fuel dispenser supplied by a storage tank into which motor fuel that contains a mixture of at least one percent (1%) by volume of ethanol or methanol has been delivered within the sixty-day period preceding the date of sale or offer of sale unless the person prominently displays on the dispenser from which the mixture is sold a label that complies with subsection B of this section.
B. 1. A label as required in subsection A of this section shall:
a.
be displayed on each face of the motor fuel dispenser on which the price of the motor fuel mixture sold from the dispenser is displayed,
b.
state “Contains Ethanol” or “Contains Methanol”, as applicable,
c.
appear in contrasting colors with block letters at least one-half (1/2) inch high and one-fourth (1/4) inch wide, and
d.
be displayed in a clear, conspicuous and prominent manner, visible to customers using either side of the dispenser.
2. If the motor fuel contains fifteen percent (15%) ethanol, a pump label as required in subsection A of this section shall meet federal E15 labeling requirements as ruled by the Environmental Protection Agency pursuant to 40 CFR Part 1090.1510 as it is written on February 1, 2023.
C. If a motor fuel dispenser is supplied by a storage tank into which motor fuel containing at least ten percent (10%) ethanol by volume or at least five percent (5%) methanol by volume is delivered in the sixty-day period preceding the date of the sale or offer of sale, the sign as required in subsection A of this section shall also state the percentage of ethanol or methanol by volume, to the nearest whole percent, of the motor fuel having the highest percentage of ethanol or methanol delivered into that storage tank during that period.
D. On request by a motor fuel user, a person selling or offering for sale motor fuel from a motor fuel dispenser shall reveal:
1. The percentage of ethanol contained in the motor fuel being sold;
2. The percentage of methanol contained in the motor fuel being sold; and
3. If the motor fuel contains methanol, the types and percentages of associated cosolvents contained in the motor fuel being sold.
E. The provisions of this section shall not prohibit the posting of any other alcohol or additive information. Other alcohol or additive information and any relevant posting shall be subject to regulation by the Corporation Commission.
F. The Corporation Commission shall promulgate rules as necessary to implement the provisions of this section.
Added by Laws 2018, c. 27, § 46, eff. Nov. 1, 2018. Amended by Laws 2023, c. 36, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-347.1. Retail facilities not required to post information on fuel activities – Label required for aircraft fuel with alcohol.

Except as otherwise provided in this section, retail facilities that sell motor fuel shall not be required to post information regarding fuel additives on the motor fuel dispenser or anywhere else on the premises of the facilities. Motor fuel sold at regional or smaller airports in the state for fueling aircraft shall be labeled with the percent of alcohol, if any, in the fuel. The Corporation Commission shall promulgate rules consistent with the provisions of this section.
Added by Laws 2018, c. 27, § 47, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348. Definitions.

As used in this act, unless the context or subject matter otherwise requires:
1. "Antifreeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; and
2. "Person" shall include individuals, partnerships, corporations, companies and associations.
Added by Laws 2018, c. 27, § 48, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.1. Adulterated antifreeze.

An antifreeze shall be deemed to be adulterated:
1. If it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user; or
2. If its strength, quality or purity falls below the professed standard of strength, quality or purity under which it is sold.
Added by Laws 2018, c. 27, § 49, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.2. Misbranded antifreeze.

An antifreeze shall be deemed to be misbranded:
1. If its labeling is false or misleading in any particular; or
2. If in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accurate statement of the quantity of contents in terms of weight or measure, and these facts are not stated plainly and correctly on the outside of the package; or
3. If the product is to be diluted with another substance for use and does not bear on the label, or in an accompanying instruction sheet, folder or booklet, a statement or chart showing appropriate amounts of each substance to be used to provide protection from freezing at various degrees of temperature down to at least thirty degrees below zero Fahrenheit (-30F).
Added by Laws 2018, c. 27, § 50, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.3. Sample analysis of antifreeze prior to sale – Annual permit application and fee.

Before any antifreeze shall be sold, exposed for sale or held with intent to sell within this state, a sample thereof must be analyzed pursuant to standards established by the Oklahoma Corporation Commission and a certified analysis submitted to the Petroleum Storage Tank Division for approval with the initial or annual permit fee application. Upon the initial application of the manufacturer, packer or distributor, and upon the payment of a fee of One Hundred Dollars ($100.00) for each brand of antifreeze submitted, the Corporation Commission shall approve the analysis of the antifreeze submitted and, if it meets the standards of the Corporation Commission, and is not in violation of Sections 348 through 348.9 of this title, the Corporation Commission shall issue the applicant an annual written permit, with an official permit number, authorizing the sale of such antifreeze in this state for one (1) fiscal year, July 1 to June 30, in which inspection fee is paid. However, upon approval of an application for renewal of a permit, the fee shall not exceed One Hundred Dollars ($100.00). The original permit and renewal issued by the Corporation Commission shall bear the same number and shall not be transferable. If the Corporation Commission shall at a later date find that the product to be sold, exposed for sale or held with intent to sell has been materially altered, without the written permission of the Corporation Commission, adulterated, or a change has been made in the name, brand or trademark under which the antifreeze is sold, or it violated the provisions of Sections 348 through 348.9 of this title, the Corporation Commission shall notify the applicant and the permit shall be canceled.
Added by Laws 2018, c. 27, § 51, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 18, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.4. Enforcement by Petroleum Storage Tank Division.

The Petroleum Storage Tank Division of the Oklahoma Corporation Commission shall enforce the provisions of Sections 348 through 348.9 of this title by certification, inspections, chemical analysis or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in this state or intended for sale in this state, or the Corporation Commission through its agents shall require the manufacturer or distributor applying for a permit for antifreeze sale to supply a certified analysis of the antifreeze with the permit application. The Corporation Commission, through its agents, shall have free access by legal means during business hours to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze, and it may open by legal means a box, carton, parcel, or package containing or supposed to contain any antifreeze and may take therefrom samples for analysis.
Added by Laws 2018, c. 27, § 52, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 19, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.5. Authority to promulgate rules.

The Oklahoma Corporation Commission shall have the authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of Sections 348 through 348.9 of this title.
Added by Laws 2018, c. 27, § 53, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 20, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.6. List of brands and trademarks of antifreeze permitted.

The Petroleum Storage Tank Division of the Oklahoma Corporation Commission may furnish upon request a list of the brands and trademarks of antifreeze permitted and permit numbers issued by the Corporation Commission during the calendar year which have been found to be in accord with Sections 348 through 348.9 of this title.
Added by Laws 2018, c. 27, § 54, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 21, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.7. Advertising of antifreeze – Restricted statements.

No advertising literature relating to any antifreeze sold or to be sold in this state shall contain any statement that the antifreeze advertised for sale has been approved by the Oklahoma Corporation Commission unless the antifreeze has been permitted by the Corporation Commission and found to meet the standards of the Corporation Commission and not to be in violation of Sections 348 through 348.9 of this title, in which event such statement together with the permit number of the wholesaler or distributor may be contained in any labeling and advertising literature where such brand or trademark or antifreeze is being advertised for sale.
Added by Laws 2018, c. 27, § 55, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 22, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.8. Fees deposited to credit of Corporation Commission Revolving Fund.

All fees collected by the Oklahoma Corporation Commission under the provisions of Sections 348 through 348.9 of this title shall be deposited with the State Treasurer to the credit of the Corporation Commission Revolving Fund.
Added by Laws 2018, c. 27, § 56, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 23, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-348.9. Violations - Penalties.

Any person or persons violating the provisions of Sections 348 through 348.9 of this title shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), or imprisonment for ninety (90) days or both for each offense. In addition thereto, the Corporation Commission is hereby authorized to punish any person or persons violating the rules and regulations adopted by the Commission pursuant to Sections 348 through 348.9 of this title for contempt, and any person found guilty of violating the rules and regulations of the Corporation Commission adopted pursuant to Sections 348 through 348.9 of this title may be fined any amount not exceeding Five Hundred Dollars ($500.00) for each offense.
Added by Laws 2018, c. 27, § 57, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § 24, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-501. Purpose.

The Legislature finds that it is desirable and necessary to authorize and provide for unitized management, operation, and further development of brine and associated solution gas, to the end that a greater ultimate recovery of brine and solution gas may be had, waste prevented, and the correlative rights of owners therein be protected. It is further found to be in the public interest to foster, encourage and promote the development and production in the State of Oklahoma of brine and solution gas and to authorize and provide for the operation and development of unitized brine and solution gas properties, and to authorize the Commission to regulate brine and solution gas production.
Added by Laws 1990, c. 255, § 2, eff. Sept. 1, 1990.