Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 1 - General Provisions › Section 165:27-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in 17 O.S. Sections 303,
				  and in Oklahoma Administrative Code (OAC)
				  165:25-1-11,
				  165:26-1-2, and
				  165:29-1-11 the
				  following words or terms, when used in this Chapter, are the Commission's
				  interpretation of enabling statutes and shall have the following meaning unless
				  the context clearly indicates otherwise:
"Actual physical damage"
means those damages to
				  real and personal property directly related to corrective action performed on a
				  release of petroleum from a Commission regulated storage tank system. Personal
				  property damage is limited to the replacement value of the personal property
				  less depreciation. Real property damage is limited to the lesser of the
				  property value or diminution in property value directly associated with a
				  release of regulated substances from a Commission regulated storage tank
				  system. In no event will the Indemnity Fund reimburse speculative damages,
				  inferred damages, unrealized damages or any other damages where damage costs
				  are not actually incurred, paid, or otherwise established to the Commission's
				  satisfaction. The burden of proof shall be upon the person seeking compensation
				  from actual physical damages.
"Allowable Costs"
means costs that are
				  reasonable, integral and necessary to corrective action.
"Associated costs"
means expenses that are not
				  integral to the corrective action and not subject to reimbursement.
"Chemicals of Concern"
or
"COC"
means chemicals that may pose a threat to human health and the
				  environment.
"Claim"
or
"Claims"
means a
				  properly submitted request for reimbursement from the Fund for an eligible
				  suspicion of release ("SOR") or confirmed release case when the co-pay is
				  paid.
"Closed case "
means a petroleum release case
				  for which final resolution has been made of all invoices submitted for
				  corrective action taken under an application for reimbursement from the
				  Indemnity Fund and the PSTD Technical Department deems no further corrective
				  action is necessary.
"Commission"
or
"OCC"
means the
				  Oklahoma Corporation Commission.
"Confirmed Release"
means a release of a
				  regulated substance from a regulated storage tank system resulting in free
				  product, contaminated soils or groundwater that exceed state action levels,
				  organic vapor readings significantly above background levels, petroleum
				  staining or odors or any other indication that a release has occurred that
				  could be harmful to human health, safety or the environment and to which a PSTD
				  case number is assigned and further corrective action is required.
"Disbursement"
includes all monies, actually
				  paid, expended, encumbered, reserved or attributable to a reimbursable
				  event(s).
"Dispenser"
means equipment, gauge(s), hose(s),
				  nozzle(s), immediately associated pipe or fittings and other such appurtenances
				  located aboveground and intended for dispensing PSTD-regulated substances from
				  a tank system.
"Electronic signature"
means an electronic
				  signature as defined in OAC
				  165:5-1-3.
"Fund"
means the Petroleum Storage Tank
				  Indemnity Fund.
"Licensed Environmental Consultant"
means an
				  individual who has a current license issued by the PSTD to perform corrective
				  action.
"Medical injury(ies)"
means actual physical
				  injury to a person in which medical costs have been incurred in association
				  with the diagnosis and treatment of a physical injury directly caused by
				  corrective action performed on a release of petroleum from a Commission
				  regulated storage tank system.
"Modified eligibility"
means the eligibility
				  process for a suspicion of release ("SOR") case in which substantial compliance
				  review is not required and the Indemnity Fund co-payment is paid upon closure
				  of the SOR case. In the event the SOR case becomes a confirmed release case, a
				  substantial compliance review is required and the statutory co-payment must be
				  remitted within 30 days of the invoice date.
"Occurrence"
means the release of a PSTD
				  regulated substance into the soil or groundwater. Each PSTD regulated substance
				  will be treated as one (1) occurrence regardless of the composition of the
				  substance released. Separate occurrences of the same PSTD regulated substance
				  may be allowed if evidence establishes the PSTD regulated substance occurred in
				  two (2) different tank system locations, are separated by time, or both.
"Operator"
means any person in control of or
				  having responsibility for the daily operation of the storage tank system,
				  whether by lease, contract, or other form of agreement. The term "operator"
				  also includes a past operator at the time of a release, tank closure, violation
				  of the Oklahoma Petroleum Storage Tank Consolidation Act, or a rule promulgated
				  thereunder, or a requirement of the Commission. In the case of a storage tank
				  system in service/use before November 8, 1984, but no longer in service/use on
				  that date, the last person to operate the storage tank system immediately
				  before the discontinuation of it's service/use.
"Owner"
means any person as set forth in 17 O.S.
				  § 303(27), including the real property owner where the storage tank system
				  is still present, the storage tank system presence is a trade fixture or
				  improvement or both. It is not necessary that the real property owner sold,
				  used, or stored regulated substances in, of, or from the storage tank
				  system.
However, a real property owner who has a storage tank system
				  located on their property that was taken out of service/use prior to November
				  8, 1984, is not considered to be a storage tank owner for any PSTD regulated
				  purpose.
"Petroleum storage tank system"
means a
				  closed-plumbed system including storage tank(s), line(s) and dispenser(s) for a
				  given product, e.g. a facility site can have a gasoline and a diesel system, or
				  systems for different grades of gasoline, or even separate systems for the same
				  grade of gasoline. It also includes a delivery truck when attached to a tank
				  system, and a used oil tank.
"PSTD"
means Petroleum Storage Tank Division, or
				  Division.
"Purchase Order"
means a document submitted to
				  PSTD online to obtain pre-approval by PSTD of a scope of work and the costs
				  associated with the scope of work.
"Recalcitrant owner"
means an owner/operator who
				  is responsible for a tank system and after notice will not adhere to a PSTD
				  enabling statute, Commission rule, requirement or order.
"Reimbursement"
means repayment of an approved
				  claim to a qualified Claimant or Assignee, or for an Administrative
				  Application, or payment of an approved claim submitted on behalf of a qualified
				  Claimant for incurred allowable costs resulting from an eligible
				  release.
"Remedial Action Plan"
means a plan implementing
				  the required and approved remediation.
"Suspicion of Release"
or
"SOR"
means preliminary investigative work to determine if a release of a regulated
				  substance has occurred.
"Work Plan"
means a proposed scope of work
				  submitted online to implement corrective action.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 12 Ok Reg 2069, eff 7-1-95; Amended at 22 Ok Reg 1775,
				  eff 7-1-05; Amended at 23 Ok Reg 1661, eff 7-1-06; Amended at 26 Ok Reg 1836,
				  eff 7-1-09