reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.9A. Refunds.

A. Any person subject to the assessment levied by Section 288.8A of this title may request a refund as provided in this section of the assessment paid on production for the preceding calendar year. Upon compliance with the provisions of this section and rules promulgated by the Board to implement this section, the Board shall refund to each person requesting a refund of the amount of the assessment paid by or on behalf of such person during the preceding calendar year. Refunds will include interest earned at the rate equal to the average United States Treasury bill rate of the preceding calendar year as certified by the State Treasurer.
B. The request for a refund of the assessment paid on production for the preceding calendar year must be made during the first three (3) calendar months following the calendar year for which the refund is requested. Failure to request a refund during this period shall terminate the right of any person to receive a refund for the assessment paid on production for the preceding calendar year. The Board shall give notice of the availability of the refund through press releases, paid advertisements placed in the newspaper with the largest general circulation in each county in the state and such other means as it deems appropriate.
C. Each person requesting a refund shall execute an affidavit showing the amount of refund requested, and the affiant was the owner of the production for which the refund is requested. Each person requesting a refund shall submit supporting evidence demonstrating the gross revenues, net to the person's revenue interest, received for oil, natural gas, casinghead gas or condensate in Oklahoma. The Board may verify, principally through the use of audits, the accuracy of the request for refund. In verifying the accuracy of a request for refund, the Board shall exercise its authority in a manner that will reduce, to the extent practicable and appropriate, the burden on persons providing the information to the Board.
D. No company or person who requests a refund under this section shall be eligible to serve or have a representative serve as a member of the Board.
Added by Laws 1993, c. 184, § 9, eff. Oct. 1, 1993. Amended by Laws 1996, c. 352, § 6.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.11. Investment of funds - Utilizing funds to influence governmental action or policy.

A. The Board may invest, pending disbursement, funds collected through assessments only in obligations of the United States or any agency thereof, in general obligations of any state, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
B. The Board shall be prohibited from utilizing any funds collected through the assessment procedure outlined in Section 8 of this act, for the purpose of influencing governmental action or policy, with the exception of recommending amendments to this act, and for the purpose of obtaining state or federal funding for the activities of the Sustaining Oklahoma’s Energy Resources Advisory Committee.
Added by Laws 1992, c. 257, § 11, eff. Sept. 1, 1992. Amended by Laws 2008, c. 309, § 3, emerg. eff. June 2, 2008.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.12. Act not to preempt or supersede other state or national programs - Application to rules and amendment of rules - Support of national program.

Nothing in this act may be construed to preempt or supersede any other program relating to oil or natural gas promotion or marketing organized and operated under the laws of the State of Oklahoma or the United States. The provisions of this act applicable to the rules shall be applicable to amendments to the rules. In the event of the establishment of a national program for an assessment on oil or natural gas production, the Board, by majority vote, may elect to designate up to a maximum of fifty percent (50%) of the funds collected under this act to such a national program in lieu of an additional assessment as may be required by such national program.
Added by Laws 1992, c. 257, § 12, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 10, eff. Oct. 1, 1993; Laws 1996, c. 352, § 7.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-291. Confinement of gas until used.

Any person, co-partnership, or corporation in possession, either as owner, lessee, agent or manager of any well producing natural gas, in this state in order to prevent the said gas wasting by escape, shall immediately after penetrating the gas-bearing rock, in any well hereafter drilled, shut in and confine the gas in said well until and during such time as the gas therein shall be utilized for lights, fuel or power purposes: Provided, that this section shall not apply to any well operated for oil: Provided, further, that when in the course of drilling, gas production is developed, four (4) days' free time shall be allowed in which to determine whether the well shall be shut and saved for a gas well or drilled further for the purpose of producing oil.
R.L.1910, § 4319.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-292. Waste from gas pipeline - Unlawful if unnecessary.

It shall be unlawful for any person, co-partnership, or corporation, either as owner, lessee, agent or manager of any pipeline in this state, through which natural gas flows from wells utilized for the production of gas only, to allow any unnecessary leak or waste to occur from said line.
R.L.1910, § 4320.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-293. Flambeau lights unlawful.

It shall be unlawful to use natural gas for illuminating purposes in what are known as flambeau lights; but nothing herein shall prohibit the use of "Jumbo" burners or other burners in glass globes consuming no more gas than such "Jumbo" burners, nor the burning of flambeau lights, not to exceed four in number, within or near the derrick of any drilling well.
R.L.1910, § 4321.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-294. Lights - Daytime use prohibited.

The person, firm, company or corporation consuming said gas, and using burners in open air or in or around derricks, shall turn off said gas not later than eight o'clock in the morning of each day such lights or burners are used, and shall not turn on or relight the same between the hours of eight o'clock a.m. and five o'clock p.m.
R.L. 1910, § 4322.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-296. Refuse from wells - Disposition.

No inflammable product from any oil or gas well shall be permitted to run into any tank, pool or stream used for watering stock; and all waste of oil and refuse from tanks or wells shall be drained into proper receptacles at a safe distance from the tanks, wells or buildings, and be immediately burned or transported from the premises, and in no case shall it be permitted to flow over the land. Salt water shall not be allowed to flow over the surface of the land.
R.L.1910, § 4324.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-296.1. Securing of crude oil storage tanks.

The owner or operator who owns or has control over a production crude oil storage tank shall be required to do one of the following:
1. Install and maintain a locking or sealing device on the thief hatch of the tank;
2. Reduce the opening of the thief hatch to not greater than six (6) inches in diameter; or
3. Affix and maintain a sign on or near the thief hatch which shall meet the following specifications:
a.
the size of the sign shall be no smaller than forty (40) square inches,
b.
the sign shall read "DANGER DO NOT OPEN", and
c.
the word "DANGER" on the sign shall be no smaller than two (2) inches and the words "DO NOT OPEN" shall be no smaller than one (1) inch.
Added by Laws 1994, c. 305, § 1, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-302. Firing oil or gas, or interfering with appliances unlawful.

It is hereby declared to be unlawful for any person maliciously to set fire to any gas or oil escaping from wells, broken or leaking mains, pipes, valves, tanks or other appliances used by any person or corporation in conveying gas or oil, or to interfere in any manner with the wells, pipes, mains, gate boxes, valves, stopcocks, or other appliances, machinery or property of any person or corporation engaged in furnishing gas or oil, unless employed by or acting under the authority and direction of any such person or corporation owning or operating said gas or oil lines, or the proper legal authorities.
R.L.1910, § 4330.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-303. Penalty for violations.

Any person, co-partnership or corporation violating any of the provisions of this article, shall, upon conviction thereof, be fined in any sum not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), in any court having competent jurisdiction in the county in which the act shall have been committed or omitted, or by being imprisoned for not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment. The amount of said penalty, when collected, shall be paid, one-half (1/2) into the public road fund, of the county in which said suit shall have been brought, and one-half (1/2) to the informer in said action.
R.L.1910, § 4331.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-306. Workable coal beds or seams defined.

All coal beds or seams thirty (30) inches to thirty-six (36) inches in thickness, less than one thousand (1,000) feet below the surface, and all coal beds or seams more than thirty-six (36) inches in thickness, less than one thousand five hundred (1,500) feet below the surface, shall be deemed as workable.
Added by 1955, p. 255, § 2.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-307. Drilling of wells through workable seams - Regulations.

Any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, through a workable vein or seam of coal shall be drilled in such manner as will, if practicable, exclude all oil, gas or gas pressure from the coal seam, except such as is found in the coal seam itself. Each string of casing that is run through a workable coal seam shall be seated at least thirty (30) feet below the coal seam in twenty (20) feet of cement, to form an effective seal, or the coal seam shall be protected in such other manner as may be approved by the Corporation Commission of the State of Oklahoma.
Added by 1955, p. 255, § 3.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-308. Plugging.

The owner or manager shall not permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, through a workable coal seam to remain unplugged after such well is no longer used for the purpose for which it was drilled or converted. Each such well plugged shall protect the workable coal seam by a cement plug extending twenty-five (25) feet above said coal seam to a distance of twenty-five (25) feet below the same or the bottom of the hole, whichever is less.
Added by Laws 1955, p. 255, § 4.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-309. Findings and declarations.

The Legislature finds and declares that it is in the public interest to protect the waters and lands of the state against pollution and, for that purpose, it is necessary and desirable in the exercise of the police power of the state to provide additional means whereby wells drilled for the exploration, development, or production of oil or gas, or as injection or disposal wells, may be plugged, replugged, or repaired by the Corporation Commission or under the authority and direction of the Corporation Commission, hereinafter called "Commission".
Added by Laws 1965, c. 191, § 1, emerg. eff. June 8, 1965. Amended by Laws 1970, c. 217, § 1, emerg. eff. April 15, 1970; Laws 1991, c. 332, § 7, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-311. Liability for damages.

Any person entering upon the land on which the well is located to plug, replug, or repair the same, pursuant to the authority and in accordance with the order of the Commission, shall not be liable or held responsible for any damages resulting from operations reasonably necessary or proper to plug, replug, or repair the well, except damages to growing crops and improvements.
Added by Laws 1965, c. 191, § 3, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-312. Responsibility for future remedial work.

Any person who plugs, replugs, or repairs a well in accordance with an order of the Commission under this act shall not be held to have assumed responsibility for future remedial work on said well or be liable in damages or otherwise for conditions subsequently arising from or in connection with said well.
Added by Laws 1965, c. 191, § 4, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-313. No admission of liability or discharge of action.

The fact that any person has initiated or supported a proceeding before the Commission or has remedied or attempted to remedy the condition of any well under the authority of this act shall not be construed as an admission of liability or received in evidence against such person in any action or proceeding wherein responsibility for or damages from surface or subsurface pollution, or injury to any fresh water or oil or gas bearing formation is or may become an issue, nor shall such fact be construed as releasing or discharging any action, cause of action, or claim against such person existing in favor of any third person for damages to property resulting from surface or subsurface pollution, or injury to any fresh water or oil or gas bearing formation.
Added by Laws 1965, c. 191, § 5, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-314. Right of action for costs involved - Lien

Any person who had no obligation to plug, replug, or repair the well but who does so under the provisions of this act shall have a cause of action against the person or persons who by law were obligated to properly plug, replug, or repair the well for the reasonable cost and expense incurred in plugging, replugging, or repairing the well, and shall have a lien upon the interest of such obligated person or persons in and to the oil and gas rights in the land and equipment located thereon.
Added by Laws 1965, c. 191, § 6, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-315. Supplemental remedy.

Nothing in this act shall relieve any person or persons otherwise legally responsible from any obligation to properly plug, replug, or repair a well and shall not limit the authority of the Commission to require the proper plugging, replugging, or repair of the well, but is intended as a supplemental remedy when any person or persons obligated to do so fail or cannot be made to do so.
Added by Laws 1965, c. 191, § 7, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-316. Proceedings.

All proceedings under this act including the filing of applications, giving of notices, the conduct of hearings and other action taken by the Commission, and appeals therefrom shall be in the form and manner and in accordance with the procedure provided in Sections 84 to 135, inclusive, Title 52 O.S. 1961, or any amendment thereof.
Added by Laws 1965, c. 191, § 8, eff. June 8, 1965.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318. Remedial work - Contracts upon competitive bids.

When the Corporation Commission undertakes to plug, replug, or repair any well or wells as authorized and provided in Sections 309 and 310 of this title, all such remedial work shall be done by contracts let upon competitive bids. Except for expenditures made from the Corporation Commission Plugging Fund, the Commission shall not expend from the Oil and Gas Revolving Fund or any other 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. Provided any monies received by the Commission through execution on any required surety shall not be subject to such limitation on expenditure for plugging, replugging or repairing any well or wells.
Added by Laws 1970, c. 217, § 3, emerg. eff. April 15, 1970. Amended by Laws 1989, c. 381, § 2, emerg. eff. June 7, 1989; Laws 1990, c. 107, § 3, eff. Oct. 1, 1990; Laws 1997, c. 275, § 1, eff. July 9, 1997.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.1a. Confidentiality of financial statement.

Pursuant to the Oklahoma Open Records Act, the Commission is authorized to provide for the confidentiality of any financial statement filed pursuant to Section 318.1 of Title 52 of the Oklahoma Statutes. Copies of such financial statements may only be obtained upon written request to the Director of the Oil and Gas Division. Upon good cause shown, upon the discretion of the Director, copies of such financial statements may be released.
Added by Laws 1987, c. 45, § 2, emerg. eff. April 24, 1987.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.2. Definitions.

For purposes of Sections 1 through 8 of this act:
1. "Operator" means a mineral owner or lessee who is engaged in drilling or preparing to drill for oil or gas; and
2. "Surface owner" means the owner or owners of record of the surface of the property on which the drilling operation is to occur.
Added by Laws 1982, c. 341, § 1, operative July 1, 1982.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.3. Notice of intent to drill - Negotiating surface damages.

Before entering upon a site for oil or gas drilling, except in instances where there are non-state resident surface owners, non-state resident surface tenants, unknown heirs, imperfect titles, surface owners, or surface tenants whose whereabouts cannot be ascertained with reasonable diligence, the operator shall give to the surface owner a written notice of his intent to drill containing a designation of the proposed location and the approximate date that the operator proposes to commence drilling.
Such notice shall be given to the surface owner in any manner as provided for in paragraph 1 and paragraph 2 of subsection C of Section 2004 of Title 12 of the Oklahoma Statutes for the service by personal delivery or by mail of a summons in a civil action. If the operator makes an affidavit that he has conducted a search with reasonable diligence and the whereabouts of the surface owner cannot be ascertained or such notice cannot be delivered, then constructive notice of the intent to drill may be given in the same manner as provided for the notice of proceedings to appoint appraisers.
Within five (5) days of the date of delivery or service of the notice of intent to drill, it shall be the duty of the operator and the surface owner to enter into good faith negotiations to determine the surface damages.
Added by Laws 1982, c. 341, § 2, operative July 1, 1982. Amended by Laws 2013, c. 314, § 1, emerg. eff. May 20, 2013.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.4. Undertakings which may be posted as damage deposit.

A. Every operator doing business in this state shall file a corporate surety bond, letter of credit from a banking institution, cash, or a certificate of deposit with the Secretary of State in the sum of Twenty-five Thousand Dollars ($25,000.00) conditioned upon compliance with Sections 318.2 through 318.9 of this title for payment of any location damages due which the operator cannot otherwise pay. The Secretary of State shall hold such corporate surety bond, letter of credit from a banking institution, cash or certificate of deposit for the benefit of the surface owners of this state and shall ensure that such security is in a form readily payable to a surface owner awarded damages in an action brought pursuant to this act. Each corporate surety bond, letter of credit, cash, or certificate of deposit filed with the Secretary of State shall be accompanied by a filing fee of Ten Dollars ($10.00).
B. The bonding company or banking institution shall file, for such fee as is provided for by law, a certificate that said bond or letter of credit is in effect or has been canceled, or that a claim has been made against it in the office of the court clerk in each county in which the operator is drilling or planning to drill. Said bond or letter of credit must remain in full force and effect as long as the operator continues drilling operations in this state. Each such filing shall be accompanied by a filing fee of Ten Dollars ($10.00).
C. Upon deposit of the bond, letter of credit, cash, or certificate of deposit, the operator shall be permitted entry upon the property and shall be permitted to commence drilling of a well in accordance with the terms and conditions of any lease or other existing contractual or lawful right.
D. If the damages agreed to by the parties or awarded by the court are greater than the bond, letter of credit, cash, or certificate of deposit posted, the operator shall pay the damages immediately or post an additional bond, letter of credit, cash, or certificate of deposit sufficient to cover the damages. Said increase in bond, letter of credit, cash, or certificate of deposit shall comply with the requirements of this section.
Added by Laws 1982, c. 341, § 3, operative July 1, 1982. Amended by Laws 1983, c. 273, § 13, operative July 1, 1983; Laws 1986, c. 120, § 1, eff. Nov. 1, 1986; Laws 1990, c. 74, § 1, emerg. eff. April 16, 1990.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.6. Appeal of decision on exceptions to report of appraiser or verdict upon jury trial - Execution of instruments of conveyance.

Any aggrieved party may appeal from the decision of the court on exceptions to the report of the appraisers or the verdict rendered upon jury trial. Such appeal shall not serve to delay the prosecution of the work on the premises in question if the award of the appraisers or jury has been deposited with the clerk for the use and benefit of the surface owner. In case of review or appeal, a certified copy of the final order or judgment shall be transmitted by the clerk to the appropriate county clerk to be filed and recorded.
When an estate is being probated, or when a minor or incompetent person has a legal guardian or conservator, the administrator or executor of the estate, or guardian of the minor or of the incompetent person or the conservator, shall have the authority to execute all instruments of conveyance provided for in this act on behalf of the estate, or minor or incompetent person with no other proceedings than approval by the judge of the court of jurisdiction being endorsed on the instrument of conveyance.
Added by Laws 1982, c. 341, § 5, operative July 1, 1982.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.7. Effect of act on existing contractual rights and contracts to establish correlative rights - Indian lands.

Nothing herein contained shall be construed to impair existing contractual rights nor shall it prohibit parties from contracting to establish correlative rights on the subject matter contained in this act.
This act shall not be applicable to nor affect in any way property held by an Indian whose interest is restricted against voluntary or involuntary alienation under the laws of the United States or property held by an Indian tribe or by the United States for any Indian tribe.
Added by Laws 1982, c. 341, § 6, operative July 1, 1982.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.9. Violation of act - Damages.

Upon presentation of clear, cogent and convincing evidence that the operator willfully and knowingly entered upon the premises for the purpose of commencing the drilling of a well before giving notice of such entry or without the agreement of the surface owner, the court may, in a separate action, award treble damages. The issue of noncompliance shall be a fact question, determinable without jury, and a de novo issue in the event of appeal.
Any operator who willfully and knowingly fails to keep posted the required bond or who fails to notify the surface owner, prior to entering, or fails to come to an agreement and does not ask the court for appraisers, shall pay, at the direction of the court, treble damages to the surface owner.
Damages collected pursuant to this act shall not preclude the surface owner from collecting any additional damages caused by the operator at a subsequent date.
Added by Laws 1982, c. 341, § 8, operative July 1, 1982.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-318.21. Short title - Seismic Exploration Regulation Act - Definitions.

A. Sections 318.21 through 318.23 of this title shall be known and may be cited as the "Seismic Exploration Regulation Act".
B. As used in the Seismic Exploration Regulation Act:
1. "Seismic exploration" means the drilling of seismograph test holes and use of surface energy sources such as weight drop equipment, thumpers, hydropulses or vibrators, and any of the activities associated therewith;
2. "Operator" or "applicant" means a person or entity who is either the owner of the right to conduct seismic exploration or acting on behalf of the owner;
3. "Surface estate" means the same as defined in Section 802 of this title; and
4. "Surface owner" means the owner or owners of record of the surface estate of the property upon which the seismic exploration is to occur, based upon the records of the county clerk of the county within which the surface estate is actually located.
Added by Laws 1998, c. 354, § 1, emerg. eff. June 5, 1998. Amended by Laws 2012, c. 220, § 1, eff. Nov. 1, 2012; Laws 2012, c. 229, § 1, emerg. eff. May 9, 2012.
NOTE: Laws 2012, c. 220, § 1 and Laws 2012, c. 229, § 1 made identical changes to this section.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-320. "Growing crops" defined.

As respects exploration and drilling for oil or gas, plugging or repair of oil or gas wells and provisions in contracts for either, the term "growing crops" shall be construed to include but not be limited to native grasses and trees.
Added by Laws 1975, c. 203, § 1, emerg. eff. May 27, 1975.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-320.1. Restriction on location of habitable structures.

A. After the effective date of this act, it shall be unlawful to locate any habitable structure within:
1. A radius of one hundred twenty-five (125) feet from the wellbore of an active well; or
2. A radius of fifty (50) feet from the center of any surface equipment or other equipment necessary for the operation of an active well, including, but not limited to, hydrocarbon and brine storage vessels, tanks, compressors, heaters, separators, dehydrators, or any other related equipment.
B. Provided, however, the provisions of this section shall not prohibit an operator and surface owner from agreeing in writing to setback provisions with distances different from those set forth in this section.
Added by Laws 2003, c. 361, § 1, eff. July 1, 2003. Renumbered from § 318.10 of this title by Laws 2006, c. 309, § 1, emerg eff. June 8, 2006.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-320.2. Unlawful use of safety equipment in oil or gas production.

After the effective date of this act, it shall be unlawful for any person to intentionally or maliciously injure, deface, alter, destroy or tamper with any safety equipment that is not their own and is used in the drilling or production of an oil or gas well, unless consent is given by or the person is authorized by the owner or operator of the safety equipment.
Added by Laws 2010, c. 81, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-391. Sale of petroleum products under deception as to quality or identity.

It shall be unlawful for a person, firm or corporation, to store, sell, expose for sale or offer for sale, any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever, which deceives, tends to deceive, or has the effect of deceiving the purchaser as to the nature, quality or identity of the product so sold or offered for sale.
Added by Laws 1933, c. 165, p. 381, § 1, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-392. Marked containers or distributing equipment - Use in selling petroleum products.

It shall be unlawful for a person, firm or corporation, to store, sell, expose for sale or offer for sale in or from any container, tank, pump, or other distributing device or equipment, any other liquid fuels, lubricating oils, grease, or other similar products, than those manufactured or distributed by the manufacturer or distributor, indicated by the name, trade name, symbol, sign or other distinguishing trademark or device appearing upon the tank, container, pump, or other distributing equipment in which the same are sold, offered for sale, or distributed.
Added by Laws 1933, c. 165, p. 382, § 2, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-393. Trademark - Imitation.

It shall be unlawful for a person, firm or corporation to imitate the design, symbol, emblem, color scheme, trade name, trademark, or the markings of any buildings or equipment of any other marketer of liquids, fuels, lubricating oils, greases or other similar products, except with the written consent of such marketer, where such imitation may deceive, tend to deceive, or have the effect of deceiving the purchaser as to the nature, source, quality or identity of the product sold or offered for sale.
Added by Laws 1933, c. 165, p. 382, § 3, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-394. Selling under false mark or name.

It shall be unlawful for any person, firm or corporation to expose for sale, offer for sale or sell under a trademark, trade name, or any other distinguishing mark, any liquid fuels, lubricating oils, greases or other like products other than those manufactured or distributed by the manufacturer or distributor, marketing liquid fuels, lubricating oils, greases, or other like product, under such trademark, trade name, or name or other distinguishing mark.
Added by Laws 1933, c. 165, p. 382, § 4, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-395. Mixing or blending.

It shall be unlawful for a person, firm or corporation to mix, blend or compound, the liquid fuels, lubricating oils, greases or similar products of any manufacturer or any distributor with the products of any other manufacturer or distributor or to adulterate the same and expose the same for sale, offer for sale or sell the same under the trademark, trade name, name or other distinguishing mark of either said manufacturer or distributor or as the unadulterated product of such manufacturers or distributors; provided, however, that nothing herein shall be construed to prevent the lawful owner thereof from applying his or its own trademark, trade name or symbols, to any product or material.
Added by 1933, c. 165, p. 382, § 5, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-396. Aiding violations of act.

It shall be unlawful for any person, firm or corporation to aid or assist any other person in the violation of the provisions of this act by depositing or delivering into a tank, receptacle, or any other container, a liquid fuel, lubricating oils, greases or similar products, other than those intended to be stored therein and distributed therefrom, as indicated by the name of the manufacturer or distributor or the trade name, trademark or distinguishing mark, of the product displayed on the container itself or on the pump or other distributing device used in connection therewith, or shall by any other means, aid or assist another in the violation of any of the provisions of this act.
Added by 1933, c. 165, p. 382, § 6, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-397. Violation of provisions - Misdemeanor.

Any person, firm or corporation, who violates any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for the first offense or by imprisonment of not more than thirty (30) days, or both, and for a second or subsequent offense, by a fine of not less than Two Hundred Dollars ($200.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment of not more than one (1) year, or by both such fine and imprisonment.
Added by 1933, c. 165, p. 383, § 7, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-398. Definitions - Persons liable for violations by firm or corporation.

The term "person" as used in this act shall include every natural person; the term "firm" shall include co-partnerships and associations. If a firm or corporation shall commit a misdemeanor, according to the provisions of this act, every director, officer, agent, employee or member participating in, aiding or authorizing the act constituting such misdemeanor shall be guilty of having committed a misdemeanor hereunder and shall be subject to the penalties herein provided.
Added by 1933, c. 165, p. 383, § 8, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-399. Partial invalidity - Effect.

The sections of this act and each part of such sections are hereby declared to be independent sections and parts of sections, and the holding of a section or part thereof or the application to any person or circumstances to be invalid or ineffective, or unconstitutional shall not affect any other section or part thereof or the application of any section or part thereof to other persons or circumstances.
Added by 1933, c. 165, p. 383, § 9, emerg. eff. May 1, 1933.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.1. Short title - Definitions.

A. The provisions of Chapter 8 of Title 52 of the Oklahoma Statutes shall be known and may be cited as the “Oklahoma Liquefied Petroleum Gas Regulation Act”.
B. For purposes of the Oklahoma Liquefied Petroleum Gas Regulation Act:
1. “Administrator” means the State Liquefied Petroleum Gas Administrator;
2. “Board” means the Oklahoma Liquefied Petroleum Gas Board; and
3. “Liquefied petroleum gases”, “LPG”, or “LP-Gas” means and includes any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, normal butane and isobutane, and butylenes.
Added by Laws 1953, p. 219, § 1, emerg. eff. June 30, 1953. Amended by Laws 1999, c. 366, § 1, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.3A. Liability of sellers, suppliers, handlers, or transporters of liquified petroleum gas.

A. A person is not liable for damages and no legal action shall be commenced or maintained against such person engaged in this state in the business of selling at retail, supplying, handling, or transporting liquefied petroleum gas if the alleged injury, damage, or loss was caused by:
1. The alteration, modification, or repair of liquefied petroleum gas equipment, containers, or a liquefied petroleum gas appliance if the alteration, modification, or repair was done without the knowledge and consent of the liquefied petroleum gas seller, supplier, handler, or transporter; and
2. The liquefied petroleum gas equipment, containers, or a liquefied petroleum gas appliance being used in a manner or for a purpose other than that for which the equipment or appliance was intended.
B. This section shall apply only to a person who complies with the approved standards and rules as outlined in subsection E of Section 420.3 of this title and who has not acted in a grossly negligent or willful and wanton manner.
Added by Laws 1994, c. 330, § 2, emerg. eff. June 8, 1994. Amended by Laws 1999, c. 366, § 3, eff. July 1, 1999; Laws 2006, c. 143, § 2, emerg. eff. May 10, 2006.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.5. Fees on sale, purchase, rental and/or use of refillable cylinders and containers - Penalties.

A. The Board is authorized to establish a fee, to be paid to the Administrator, upon the sale, purchase, rental and/or use in this state of liquefied petroleum gas refillable cylinders and all other liquefied petroleum gas containers.
B. Each manufacturer of LP-Gas containers in Oklahoma, each vendor of containers manufactured outside of the state, and each person, firm or corporation placing any LPG container or cylinder in use in this state shall pay the applicable fee. For vendors of containers manufactured outside of this state, the fee or fees shall apply and become due upon delivery to the vendors, or for their account within the state of containers or cylinders purchased outside of the state. In no event shall the fees herein levied be paid or become payable on any container or cylinder sold, rented, purchased or placed in use in this state prior to the effective date of this act, or more than once on any container or cylinder, or upon any container or cylinder resold, rerented, repurchased or reused in this state. The Administrator is authorized to refund or credit fees upon containers sold outside of the state upon which the fees have previously been paid, or any fees which have erroneously been paid, upon written application supported by affidavit setting forth the basis for such refund. The Administrator is authorized to adopt a system of identification of containers on which the fees herein levied have been paid.
C. No person, firm or corporation shall use or install in this state any container or cylinder upon which the applicable fee levied above applies and has not been paid. In case of failure to pay within the specified time, there shall be assessed a penalty of twenty-five percent (25%), which shall be added to the applicable fee.
Added by Laws 1953, p. 223, § 5, emerg. eff. June 30, 1953. Amended by Laws 1981, c. 247, § 6, emerg. eff. June 25, 1981; Laws 1993, c. 270, § 52, eff. Sept. 1, 1993; Laws 2003, c. 395, § 2, emerg. eff. June 5, 2003; Laws 2006, c. 143, § 4, emerg. eff. May 10, 2006; Laws 2022, c. 330, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.8. Violations of law or rule.

Any person, firm or corporation violating any of the provisions of Section 420.1 et seq. of this title, or any rule promulgated thereunder, or installing in this state any liquefied petroleum gas system or appliance which does not comply with such safety rules shall be guilty of a misdemeanor, and upon conviction thereof such person or the responsible members of such firm, or the responsible officers of such corporation, shall, in addition to any fine imposed by the Administrator pursuant to Section 420.6 of this title, be punished by a fine of not less than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
Added by Laws 1953, p. 225, § 8, emerg. eff. June 30, 1953. Amended by Laws 1965, c. 127, § 5, emerg. eff. May 24, 1965; Laws 1971, c. 351, § 5; Laws 1994, c. 330, § 5, emerg. eff. June 8, 1994; Laws 1997, c. 234, § 4, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.9. Specifications for commercial propane, butane and mixtures - Identification of vehicles - Motor carriers - Transportation out of state - Retail deliveries.

A. All liquefied petroleum gases designated as commercial propane, commercial butane or mixtures thereof, sold for consumption in this state, shall, when subjected to the test methods of the GPA Midstream Association, meet applicable specifications adopted as tentative standards by the Association for the particular product sold.
B. All vehicles used in hauling or transporting liquefied petroleum gases upon the highways of this state shall be identified in such manner as the Administrator may, by rule, prescribe.
C. The Department of Public Safety of the State of Oklahoma shall cooperate with the Administrator in the enforcement of the provisions of this section, and the rules promulgated thereunder.
D. Transport trucks transporting liquefied petroleum gases intrastate which are owned or operated by a person subject to and licensed by the Oklahoma Liquefied Petroleum Gas Regulation Act shall not be required to obtain or possess an intrastate motor carrier or private carrier license issued by the Oklahoma Corporation Commission.
E. Containers shall be filled or used only upon authorization of the fee simple owner. The name of the fee simple owner, if other than the consumer, shall be conspicuously shown on the container.
F. At least one attendant shall remain close to the transfer connection from the time the connections are first made until they are finally disconnected, during the transfer of the product. During the actual transfer of liquids into containers at domestic type dwellings and installations, the attendant shall not enter into any type of enclosure including but not limited to truck cabs, dwellings and barns and shall maintain visual contact with the liquid level gauge at all times.
Added by Laws 1953, p. 225, § 9, emerg. eff. June 30, 1953. Amended by Laws 1955, p. 287, § 2, emerg. eff. June 3, 1955; Laws 1965, c. 127, § 6, emerg. eff. May 24, 1965; Laws 1994, c. 330, § 6, emerg. eff. June 8, 1994; Laws 1999, c. 366, § 5, eff. July 1, 1999; Laws 2018, c. 177, § 5, emerg. eff. May 2, 2018; Laws 2022, c. 330, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.10. Appointment of administrative staff.

The Administrator is empowered and authorized to appoint from time to time such administrative staff as the Administrator reasonably determines is necessary to assist the Administrator and the Board in the performance of their functions.
Added by Laws 1953, p. 226, § 10, emerg. eff. June 30, 1953. Amended by Laws 1998, c. 67, § 2, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.11. Disposition of funds and fees - Annual report - Liquefied Petroleum Gas Fund - Expenditures.

A. All funds and fees, from whatsoever source derived, collected by the Administrator under the provisions of Section 420.1 et seq. of this title, shall be deposited into the Liquefied Petroleum Gas Fund, created in this section. Effective July 1, 2004, and for each fiscal year thereafter, the Administrator shall deposit ten percent (10%) of the total amount collected from fees and funds by the Administrator to the credit of the General Revenue Fund of the State Treasury. The Administrator and the Board are hereby vested and empowered with the authority to make any and all necessary expenditures from the fund that in their judgment are reasonable and required to effectuate the purposes of this act. The Administrator shall annually file with the Governor a report of all activities of the fund, which shall include a statement of all receipts and disbursements.
B. There is hereby created in the State Treasury a revolving fund for the Oklahoma Liquefied Petroleum Gas Board to be designated the Liquefied Petroleum Gas Fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Liquefied Petroleum Gas Board as provided for in this section. Expenditures from the 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.
C. Section 211 of Title 62 of the Oklahoma Statutes shall not apply to the funds and fees collected by the Liquefied Petroleum Gas Board.
Added by Laws 1953, p. 226, § 11, emerg. eff. June 30, 1953. Amended by Laws 1979, c. 47, § 20, emerg. eff. April 9, 1979; Laws 1984, c. 289, § 4, operative July 1, 1984; Laws 2003, c. 395, § 3, emerg. eff. June 5, 2003; Laws 2005, c. 349, § 1, emerg. eff. June 6, 2005; Laws 2012, c. 304, § 218.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.14. Nonresidents - Prohibition on storage or dispensing.

The State Liquefied Petroleum Gas Administrator shall not issue or renew any registration permit or license to any person, firm, or corporation who is a resident of, or whose principal place of business is located in, a state other than Oklahoma unless the laws of such other state, and the rules and regulations of the authority governing the storage and dispensing of liquefied petroleum gas permit the operation of such business by citizens, firms, or corporations of Oklahoma under the same or substantially similar terms and conditions as those required for such operation in this state.
Added by Laws 1963, c. 27, § 1, emerg. eff. March 26, 1963.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.15. Safety schools for liquefied petroleum dealers.

The LP-Gas Board shall provide for the holding of safety schools for the benefit of the liquefied petroleum gas dealers and employees in the State of Oklahoma, at such times and in such places as may be deemed advisable. The Board may, by lawfully adopted rules, require attendance and successful completion of courses, by in-person or virtual instruction, held as a condition precedent to retaining permits issued hereunder. Such courses shall be in the format as established by the Board in its sole discretion. The Administrator shall perform such duties in connection with those schools as the Board might direct.
Added by Laws 1967, c. 183, § 1, emerg. eff. May 1, 1967. Amended by Laws 1971, c. 351, § 6; Laws 2022, c. 330, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.17. Inspectors' uniforms - Maintenance and cleaning allowance.

An expense allowance of Fifty Dollars ($50.00) per month for maintenance and cleaning of uniforms and other related expenses shall be paid to safety code enforcement officers. Nothing in this section regarding expense allowances shall be construed to mean that such employees shall receive any additional compensation beyond what is provided for maintenance and cleaning of uniforms and other related expenses by the Liquefied Petroleum Gas Board on the effective date of this act.
Added by Laws 1993, c. 185, § 2, eff. Sept. 1, 1993. Amended by Laws 2002, c. 202, § 5, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-420.21. Definitions.

As used in the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Act:
1. "Commission" means the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission;
2. "Cargo container" means any receptacle mounted on a transport vehicle, including a bobtail or semitrailer designed and used for the transportation or storage of liquefied petroleum gas, but shall not include the motor fuel tank of the vehicle;
3. "First sale" means the first transaction within the State of Oklahoma in which ownership of odorized liquefied petroleum gas transfers from seller to purchaser;
4. “Importer” means the owner of odorized liquefied petroleum gas (LP gas) at the time of entry into this state from another state or from outside the United States;
5. "Liquefied petroleum gas (LP gas)" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, normal butane, isobutane or butylenes;
6. "Loading rack" means any material handling facility where LP gas is loaded into cargo containers, including, but not limited to, gas processing plants, refineries, underground and aboveground bulk storage facilities, pipeline terminals and unattended LP gas dispensing facilities;
7. "Loading rack operator" means the owner or any person or entity controlling the day-to-day operations of the facility. When this person or entity is not the person or entity invoicing the first sale of odorized LP gas dispensed into a cargo container at a loading rack, the person or entity invoicing the first sale of odorized LP gas dispensed into a cargo container at a loading rack shall be considered the loading rack operator;
8. "Person" means any individual, group of individuals, or any partnership, corporation, association, cooperative, or employee thereof, or any other entity; and
9. "Time of import" means the time of entry into the State of Oklahoma from another state or from outside the United States.
Added by Laws 1994, c. 146, § 2, eff. July 1, 1994. Amended by Laws 1995, c. 303, § 1, eff. July 1, 1995; Laws 1998, c. 91, § 1, eff. Nov. 1, 1998; Laws 2002, c. 202, § 6, eff. July 1, 2002.