reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-78 - Free product removal

Current through Vol. 41, No. 20, July 1, 2024
At sites where an investigation indicates the presence of
					 free product, the owner or operator must notify the PSTD within twenty-four
					 (24) hours that free product is located on site. The owner or operator must, as
					 required by the PSTD as a result of the ORBCA tiered process, remove free
					 product to the extent required by the PSTD while continuing, as necessary, any
					 other actions required by this Subchapter. To meet the requirements of this
					 Section, the owner or operator must, unless otherwise directed by the
					 PSTD:
(1) Conduct free product removal
				  in a manner that minimizes the spread of contamination into previously
				  uncontaminated zones by using recovery and disposal techniques appropriate to
				  the hydrogeologic conditions at the site, and that properly treats, discharges,
				  or disposes of recovery byproducts in compliance with applicable state and
				  federal regulations;
(2) Use
				  abatement of free product migration as a minimum objective for the design of
				  the free product removal system;
(3) Handle any flammable products in a safe
				  and competent manner to prevent fires or explosions; and
(4) In the event free product is encountered
				  in a utility trench, the owner or operator must advise the appropriate utility
				  company and the PSTD of the presence of free product within twenty-four (24)
				  hours of discovery.
(5) Using the
				  format specified by the PSTD, prepare and submit to the PSTD within forty-five
				  (45) days after discovering free product, continuing thereafter at intervals
				  specified by the PSTD, a Free Product Removal Report that provides at least the
				  following information:
(A) The name of the
				  person(s) responsible for implementing the free product removal
				  measures.
(B) The estimated
				  quantity, type, and thickness of free product observed or measured in wells,
				  boreholes, and excavations.
(C) The
				  depth to free product and to groundwater in each monitor well.
(D) The type of free product recovery system
				  used.
(E) Whether any discharge
				  will take place on-site or off-site during the recovery operation and where
				  this discharge will be located.
(F)
				  The type of treatment applied to and the effluent quality expected from any
				  discharge.
(G) The steps that have
				  been or are being taken to obtain necessary permits for any
				  discharge.
(H) The disposition of
				  the recovered free product and PSTD Disposal/Recycler Report.
(I) Any permits required by federal, state,
				  or local agencies.
(J) The screened
				  interval for each monitor well.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-79 - Tier 2 and Tier 3 ORBCA

Current through Vol. 41, No. 20, July 1, 2024
(a) Tier
				  2: Site-Specific Corrective Action Goals
(1)
				  Under Tier 2, the owner or operator may be required to perform additional site
				  investigation as determined by PSTD. The Tier 2 analysis is conducted in order
				  to determine Site-Specific Target Levels (SSTLs) and appropriate Points of
				  Compliance (POCs). Tier 2 analysis differs from the Tier 1A analysis in that
				  some of the conservative default parameter assumptions of Tier 1A are replaced
				  with site-specific data and the plume is redefined accordingly.
(2) Target Risk Limits remain the
				  same.
(3) A report in compliance
				  with the ORBCA Guidance Document must be submitted to the PSTD in accordance
				  with a schedule and format required by PSTD.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-80 - Remedial Action Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) At any point
				  after reviewing the information submitted, PSTD may require additional
				  information or a Remedial Action Plan for contaminated soils and groundwater.
				  If a plan is required, it must be submitted in the online format specified by
				  PSTD.
(b) PSTD will approve a
				  Remedial Action Plan only after the Licensed Environmental Consultant ensures
				  that implementation of the plan will adequately protect human health, safety,
				  and the environment as determined by using the process outlined in the ORBCA
				  Guidance Document.
(c) As directed
				  by PSTD, the owner or operator must implement the Remedial Action Plan,
				  including any modifications to the plan made by PSTD. Implementation for the
				  purposes of this Chapter means that the Remedial Action Plan approved by PSTD
				  is fully operational and is performing the task for which it was
				  designed.
(d) The owner or operator
				  will be required to perform remediation and compliance monitoring as directed
				  by PSTD.
(e) The owner or operator
				  may, with verbal pre-approval documented by email of PSTD staff, begin cleanup
				  of soil and groundwater before the Remedial Action Plan is approved, provided
				  that the owner or operator:
(1) Notify PSTD
				  of the intention to begin cleanup at least seven (7) days prior to initiating
				  any cleanup action, unless it is an emergency.
(2) Comply with any conditions imposed by
				  PSTD, including halting cleanup or mitigating adverse consequences from cleanup
				  activities.
(3) Incorporate these
				  self-initiated cleanup measures in the Remedial Action Plan or closure by risk
				  assessment that is submitted to PSTD for approval.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-81 - Property owners affected by releases; notice

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon confirmation that soil and/or
				  groundwater contamination is above action levels, owners or operators must, at
				  a minimum, notify adjacent or abutting property owners that have been, or may
				  be impacted by the release. This notice should be made just after delineation
				  of the release to Tier 2 clean-up levels or prior to a case closure based on
				  Tier 1A modified RBSL's. The notice, unless otherwise directed by the PSTD,
				  must include at a minimum:
(1) The origin and
				  extent of the release; impacted party, upon written request to owner/operator
				  may receive reports;
(2) The
				  nature of the substance(s) released;
(3) The name, address and telephone number of
				  the owner or operator or his or her designee who may be contacted for more
				  information about the release;
(4)
				  The phone number and name of the Project Environmental Analyst at the PSTD whom
				  the property owner can contact for additional information.
(5) If an adjacent or abutting property owner
				  that has been or may be impacted by a release requests, in writing, copies of
				  all reports, it is the responsibility of the owner/operator to assure past and
				  future reports are delivered to the requesting property
				  owner.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-82 - Closure of a case

Current through Vol. 41, No. 20, July 1, 2024
(a) Closure
				  occurs when PSTD has determined that the appropriate cleanup levels have been
				  achieved for both BTEX and TPH and monitored as remaining below the cleanup
				  level for a period of time as directed by PSTD, or when PSTD has determined the
				  case is eligible for closure under Risk-Based Corrective Action.
(b) Upon approval of the request for case
				  closure or as directed by PSTD, the owner or operator must submit a final
				  closure report on a form specified by PSTD and certified by the Licensed
				  Environmental Consultant which provides evidence of proper decommissioning of
				  equipment and corrective action materials.
(c) All residual waste soil and/or fluid
				  drums generated during case closure activities, or that remain on-site from
				  prior case investigation activities, must be disposed of as part of case
				  closure work and evidence of disposal of such drums documented in the final
				  closure report. The final closure report will not be approved until all
				  residual wastes have been disposed of.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-83 - Laboratory analysis

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				  samples required to be collected and analyzed pursuant to this Chapter must be
				  analyzed by a DEQ certified laboratory.
(b) The Total Petroleum Hydrocarbon (TPH) Lab
				  Methodology EPA 418.1 will not be accepted for Part 5 of this
				  Subchapter.
(c) When air sampling
				  is required inside any structure or vapor monitoring well, the sampling and the
				  method(s) used must be pre-approved in writing by PSTD.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 7 - LICENSING PROCEDURES FOR ENVIRONMENTAL CONSULTANTS › Section 165:29-3-90 - Licensing for Environmental Consultants involved with closures and/or corrective action of releases from underground or aboveground storage tanks

Current through Vol. 41, No. 20, July 1, 2024
(a) Any individual
				  seeking a license as an Environmental Consultant involved with closures, and/or
				  corrective action of releases from either underground or aboveground storage
				  tank sites must complete an application form prepared by PSTD. The application
				  form requires information regarding education, experience, knowledge of
				  applicable state and federal regulations, industry standards and practices and
				  references.
(b) All applicants
				  must qualify in the following manner:
(1)
				  Satisfy requirements of the Occupational Safety and Health Administration
				  (OSHA)
				  29 CFR
				  1910.120 (HAZWOPER) forty (40) hour course
				  with eight (8) hour annual updates and the eight (8) hour supervisor course;
				  must provide evidence of the successful completion of a PSTD approved
				  Risk-Based Corrective Action course, seminar or school. At a minimum this
				  course must include sixteen (16) hours of risk assessment/risk analysis and
				  fate and transport of chemicals in the environment; eight (8) hours of which
				  must be hands-on computer training with appropriate software; and
(2) Have seven (7) years' environmental
				  experience with at least two (2) years' experience at regulated petroleum
				  storage tank facilities and pass an examination, which must be taken no more
				  frequently than once every six (6) months, authorized by the State of Oklahoma,
				  which demonstrates knowledge of reference materials published by EPA:NWWA
				  (Technical Enforcement Guidance Document-TEGD) and all applicable federal,
				  state, and local regulations; or
(3) Have a four- (4-) year degree from an
				  accredited college or university recognized by the state in Geology, Hydrology,
				  Environmental Science, Environmental Engineering, Petroleum Engineering, Civil
				  Engineering, Geologic Engineering or an equivalent engineering degree and at
				  least four (4) or more years of environmental experience with at least two (2)
				  years' experience at regulated petroleum storage tank facilities, and pass an
				  examination approved by the PSTD. The examination will test an applicant's
				  knowledge of industry standards, reference materials, laws and regulations, and
				  may be taken no more frequently than once every six (6)
				  months.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 7 - LICENSING PROCEDURES FOR ENVIRONMENTAL CONSULTANTS › Section 165:29-3-91 - Licensee disciplinary action procedure

Current through Vol. 41, No. 20, July 1, 2024
A license issued by PSTD is a designation of competence to
					 the public in the area of licensee expertise. PSTD is not limited to, but may
					 use the following disciplinary action for PSTD licensees:
(1)
Informal reprimand.
The
				  Manager of the appropriate PSTD department will call offending licensee for an
				  informal discussion addressing the recent infraction and place a memo in the
				  licensee's file documenting the discussion and nature of the violation.
(2)
Formal reprimand.
The Manager of the appropriate PSTD department will prepare a letter of
				  reprimand to the licensee addressing the offense. The letter of reprimand will
				  provide the licensee an opportunity to formally dispute alleged violation(s).
				  The reprimand letter, licensee's response, all recourse actions following
				  licensee rebuttal, if any, and the Manager's final decision(s) will be placed
				  in the licensee's file and maintained by PSTD.
(3)
License suspension, revocation
				  and/or refusal to renew a license.
If the Director elects to pursue
				  suspension, revocation, or refusal to renew, a notice of such action will be
				  sent to the licensee by certified mail/return receipt requested. The notice
				  will state the date and time of the hearing scheduled before an Administrative
				  Law Judge.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 7 - LICENSING PROCEDURES FOR ENVIRONMENTAL CONSULTANTS › Section 165:29-3-92 - License penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) PSTD
				  has the responsibility to deny, suspend, refuse to renew or revoke the license
				  of, or reprimand, any Licensed Environmental Consultant who is found in
				  violation of:
(1) The practice of any fraud
				  or deceit in obtaining a license or in performing work pursuant to this
				  Chapter.
(2) Reckless or willful
				  disregard, incompetence or misconduct in work performed pursuant to this
				  Chapter.
(3) Knowingly making false
				  statements or signing false statements, certificates or affidavits to the PSTD
				  or to clients.
(4) Aiding or
				  assisting another person in violating any provision of this Chapter.
(5) Signing a verification statement for work
				  performed pursuant to this Chapter that was not performed by the
				  licensee.
(6) Engaging in
				  dishonorable, unethical or unprofessional conduct of a character likely to
				  deceive, defraud or harm a customer or the public.
(7) Failure to comply with this Chapter, OAC
				  165:25, 165:26, 165:27, and/or the Oklahoma Petroleum Storage Tank
				  Consolidation Act (17 O.S. §§ 301 et seq.).
(8) Being under indictment or convicted of a
				  felony for any criminal offense that impacts their obligation to
				  PSTD.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 5 - Administrative Provisions › Section 165:29-5-1 - Hearings, orders and exceptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings to enforce or exceptions to the
				provisions of this Chapter will be conducted in accordance with OAC
				165:5.
(b) The Commission will
				issue orders after notice and hearing as necessary to enforce the provisions of
				this Chapter or PSTD enabling statutes to protect property, the public health,
				and safety, and the environment.
Added at 17 Ok Reg 2317,
				  eff 6-26-00; Amended at 18 Ok Reg 1085, eff
				  5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 5 - Administrative Provisions › Section 165:29-5-2 - Changes to rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2317,
				  eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
				  5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 5 - Administrative Provisions › Section 165:29-5-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 2317,
				  eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 5 - Administrative Provisions › Section 165:29-5-4 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any part of this Chapter is adjudged by a court of
				  competent jurisdiction to be invalid for any reason or in any manner, the
				  remainder of this Chapter will not be affected and will remain in full force
				  and effect.
Added at 17 Ok Reg 2317,
				  eff 6-26-00; Amended at 18 Ok Reg 1085, eff
				  5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 1 - General Provisions › Section 165:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The public policy of this State, as declared by the
				  Legislature, requires that motor carriers and private carriers, except as
				  provided in this Chapter, should be regulated by the Oklahoma Corporation
				  Commission, hereinafter referred to as the Commission, to protect the public
				  interest, the environment and the highways of the state of Oklahoma and ensure
				  compliance with applicable safety rules and regulations. The public policy of
				  this State, as further declared by the Legislature, requires that motor
				  carriers of household goods be regulated by the Commission in such manner as to
				  establish standards for public safety, fair competitive practices, adequate and
				  dependable service and protection of shippers from deceptive or unfair
				  practices. The public policy of this State, as further declared by the
				  Legislature, requires that transportation network companies be regulated by the
				  Commission in such a manner as to implement and enforce public safety standards
				  and insurance requirements as required by statute. The rules in this Chapter
				  are intended to implement that public policy and to carry out the Commission's
				  statutory duty of regulation in the public interest. In case of doubt as to the
				  meaning of any language of the rules in this Chapter, that construction should
				  be adopted which is consistent with the Constitution and Statutes of Oklahoma.
Amended at 12 Ok Reg
				  1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Added at
				  26 Ok Reg 2947, eff 6-22-09 (emergency); Amended at 27 Ok Reg 1773, eff
				  7-1-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 1 - APPLYING FOR A LICENSE › Section 165:30-3-1.1 - Cancellation of intrastate certificates and permits [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg
					 1005, eff 1-1-95 through 7-14-95
					 (emergency)1
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 action enacting a new Section, the Section is no longer effective. Therefore,
					 on 7-15-95 (after the 7-14-95 expiration of the emergency action), Section
					 165:30-3-1.1 was no longer effective. For the official text of the emergency
					 rule that was in effect from 1-1-95 through 7-14-95, see 12 Ok Reg
					 1005.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 1 - APPLYING FOR A LICENSE › Section 165:30-3-2 - Temporary authority [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 1 - APPLYING FOR A LICENSE › Section 165:30-3-3 - License and certificate renewals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any motor carrier desiring to continue
				  intrastate motor carrier operations as granted in its license or certificate,
				  shall, prior to the date of license or certificate expiration; apply for
				  renewal by submitting the appropriate application form (TDF2 or MCF2) and all
				  supporting documentation. Each renewal application shall be properly signed,
				  attested to as follows:
(1) Application of
				  sole proprietorship must be signed by owner.
(2) Application of partnership must be signed
				  by one of the partners.
(3)
				  Application of corporation must be signed by an officer.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-11 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
(a) No motor
				  carrier whose principal place of business is in Oklahoma shall conduct any
				  operations in this State unless such operations are covered by a valid primary
				  bond or insurance policy issued by an insurer authorized or approved by the
				  Oklahoma Insurance Department. No motor carrier whose principal place of
				  business is not in Oklahoma shall conduct any operations in this State unless
				  such operations are covered by a valid bond or insurance policy issued by an
				  insurer licensed or approved by the insurance regulatory authority of the state
				  of their principal place of business or the Oklahoma Insurance Department. No
				  holder of an authority shall conduct any operations before a proper certificate
				  of insurance(s) has been filed with, and approved by the Commission. A surety
				  bond containing all obligations provided by this Section may be substituted for
				  an insurance policy.
(b) Every
				  motor carrier shall file with, and must be approved by, the Commission a
				  certificate on Form E or G certifying that there is in effect a valid bond or
				  insurance policy covering operations in Oklahoma to protect the public against
				  loss of life, injury, property damage, and including environmental restoration
				  in minimum amounts, of combined single limits, for bodily injuries to, or death
				  of all persons injured or killed in any accident, and loss or damage in any one
				  accident to property or others (excluding cargo). Minimum liability insurance
				  limits as set forth in 49 CFR Part 387 shall also be applicable to intrastate
				  operations unless otherwise specified in subsections (b)(1)-(4).
(1) Motor carriers of property using vehicles
				  with a gross vehicle weight rating (GVWR) of 10,000 pounds or more:
(A) Transporting property, non-hazardous
				  commodities or transporting hazardous waste, materials or substances not listed
				  in 49 CFR Part 387.9 - $750,000.
(B) Transporting deleterious substances -
				  $750,000.
(C) Transporting
				  hazardous waste, materials, or substances- as required by 49 CFR, Part
				  387.9.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-12 - Identification device

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				  motor carrier operating upon the public highways of the State of Oklahoma shall
				  purchase and place within each power unit operated by said motor carrier an
				  identification device issued by this Commission, and make available for
				  inspection upon request.
(1) Only one (1)
				  identification device is required for each power unit.
(2) The annual fee for each identification
				  device will be as prescribed by law or Commission rule.
(3) Identification devices shall expire
				  simultaneously with the expiration date of the annual license issued to the
				  motor carrier.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-13 - Deleterious Substance Transport Permit

Current through Vol. 41, No. 20, July 1, 2024
(a) No person, motor carrier or private
				  carrier shall transport any deleterious substance(s) in any quantity over
				  twenty (20) gallons, without a Deleterious Substance Transport Permit (DSTP),
				  to be issued by the Commission. A DSTP is required for soils contaminated by
				  deleterious substances unless exempted under subsection (b) of this Section.
				  The DSTP shall be required in addition to a motor carrier license as prescribed
				  by this Chapter, when required.
(b)
				  A DSTP is not required when:
(1) Transporting
				  deleterious substances to be applied to land pursuant to a soil farming permit.
				  A valid copy of the soil farming permit must be carried in the vehicle at the
				  time of transportation; or,
(2)
				  Transporting contaminated soil which surrounded a leaking underground storage
				  tank or a leaking pipeline when such soil is being transported to and can be
				  legally disposed of in a landfill permitted by the Oklahoma Department of
				  Environmental Quality.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-14 - Passenger schedules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Revoked at
					 13 Ok Reg 2419, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-15 - Annual report [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 3727, eff 1-1-94 (emergency); Amended at 11 Ok Reg 3727, eff 7-11-94; Revoked
					 at 12 Ok Reg 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-16 - Current address requirement

Current through Vol. 41, No. 20, July 1, 2024
(a) Any notice required by law, the
				  Commission's Rules of Practice, OAC 165:5, or this Chapter to be served upon or
				  mailed to any holder of a certificate, permit or license shall be delivered or
				  mailed to the last known mailing or email address as reflected by the records
				  of the Commission. It is the duty of every holder of a certificate, permit or
				  license to notify the Transportation Division by specific written request (TDF
				  17) of any change in the mailing, physical or email address of the principal
				  place of business and mailing address thereof.
(b) Any non-resident motor carrier who has
				  not filed a written designation of service agent with the Commission shall be
				  deemed to have designated the Secretary of State of Oklahoma for the purpose of
				  service of process by the Commission.
(c) Where such notice is required by law,
				  Commission's Rules of Practice, OAC 165:5, or this Chapter is returned
				  undeliverable, it will be grounds for revocation of the certificate, permit or
				  license.
Amended at 10 Ok Reg
					 4447, eff 1-1-94 (emergency); Amended at 10 Ok Reg 4497, eff 1-1-94
					 (emergency); Amended at 11 Ok Reg 3735, eff 7-11-94; Amended at 12 Ok Reg 1005,
					 eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at 26 Ok
					 Reg 1398, eff 7-1-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-17 - Markings

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				  intrastate motor carrier shall obtain and display a USDOT number.
(b) Each motor vehicle operated by a motor
				  carrier shall be properly marked. The markings shall be in compliance with the
				  Federal Motor Carrier Safety Regulations, 49 CFR Part 390.21 (b)-(d). A motor
				  carrier vehicle operating under a DBA or trade name must first list the DBA or
				  trade name on the carrier's operating authority.
(c) If the motor carrier's USDOT number is
				  designated as intrastate only, the letters OK must follow the carrier
				  identification number.
(d) A
				  carrier shall immediately notify the Commission when filing changes on a USDOT
				  identification report (MCS-150). This notification shall occur when a carrier
				  updates its USDOT identification report (MCS-150) resulting in a change in
				  name, dba, mailing, physical or email address, interstate to intrastate
				  classification, intrastate to interstate classification, or any other
				  modification that may affect the carrier's intrastate authority or permits
				  issued by the Commission.
(e) In
				  the event a power unit is transferred or sold by a motor carrier, the carrier
				  is responsible for removing the markings from the unit.
Amended at 11 Ok Reg
					 3727, eff 7-11-94; Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended
					 at 12 Ok Reg 2077, eff 7-1-95; Amended at 13 Ok Reg 247, eff 11-1-95 through
					 7-14-96 (emergency); Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 15 Ok
					 Reg 3041, eff 7-15-98; Amended at 18 Ok Reg 23, eff 10-11-00 (emergency);
					 Amended at 18 Ok Reg 2384, eff 7-1-01; Amended at 23 Ok Reg 2325, eff 7-1-06;
					 Amended at 29 Ok Reg 951, eff 7-1-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 3 - LICENSE REQUIREMENTS › Section 165:30-3-18 - C.O.D. shipments [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-31 - Compliance with laws and regulations

Current through Vol. 41, No. 20, July 1, 2024
(a) All intrastate motor carriers and private
				  carriers, where applicable, shall conduct their operations in accordance with
				  all applicable laws of the State of Oklahoma and all applicable rules of this
				  Chapter. All licenses heretofore or hereafter granted by the Commission are
				  subject to applicable provisions of law and of this Chapter as fully as if
				  those laws and rules were set forth verbatim therein.
(b) No intrastate motor carrier or private
				  carrier shall operate or allow to be operated on the public highways of the
				  State of Oklahoma any equipment that does not comply with safety criteria
				  established by the USDOT, the rules of this Commission; or, the statutes of the
				  State of Oklahoma. No motor carrier or private carrier shall permit any person
				  to operate a motor vehicle in violation of any size or weight limits
				  established by this Chapter, of OAC 595:30 or of the statutes of the State of
				  Oklahoma. Every person operating vehicles upon the public highways of this
				  State shall meet the minimum safety standards as established by the USDOT and
				  the statutes of the State of Oklahoma. Any vehicle which fails to meet safety
				  criteria, or size and weight standards, or which is operated by any person in
				  violation of this subsection shall be prevented from continued use of the
				  public highways of the State of Oklahoma.
(c) The Commission adopts the oversize and
				  overweight provisions of the rules as adopted by the Oklahoma Department of
				  Public Safety in OAC 595:30.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at
					 24 Ok Reg 1814, eff 7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-32 - Shipping documentation

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Every shipment shall be accompanied at all times by some form of written
				  document of identification, which may be a bill of lading, freight bill, way
				  bill, receipt, load ticket or other written instrument which sets out the date
				  of shipment, commodity, weight, point of origin, point of destination,
				  consignor and consignee.
(b) Each
				  shipping document shall represent a single shipment and shall not represent
				  multiple shipments.
(c) This
				  Section l does not prohibit any motor carrier from utilizing an electronic
				  system of documentation provided the information required in subsection (a) is
				  evident.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-33 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) All records
				  required by this Subchapter shall be maintained at the location last designated
				  by the motor carrier as its principal office. If no location in Oklahoma is so
				  designated, upon demand, the records shall be made available at a location
				  designated by the Commission, at the expense of the motor carrier.
(b) All books, records and other documents
				  required by this Subchapter must be retained for a period not less than three
				  (3) years.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-34 - Minimum standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				  vehicle used for transportation of passengers or property shall be in safe
				  operating condition, and shall possess all safety equipment required by the
				  Statutes of Oklahoma and the regulations of the USDOT.
(b) Every motor vehicle operating upon the
				  highways of the State of Oklahoma shall be properly registered. Commercial
				  motor vehicles with a GVWR/GCWR of 15,000 pounds or more must be registered by
				  weight prior to transporting property.
(c) A commercial motor vehicle may not be
				  registered for a capacity less than its GVWR/GCWR.
(d) Every motor vehicle used for
				  transportation of passengers or property shall be adequate in size, design, and
				  equipment to perform the transportation and other services required of it.
				  Every vehicle used for transportation requiring specialized equipment shall be
				  equipped with all features and equipment necessary to afford adequate
				  protection to cargo and to the public. No vehicle shall be loaded in excess of
				  applicable weight limits; nor in any event in excess of the reasonable capacity
				  of the vehicle, or in such fashion as to endanger any portion of the
				  cargo.
(e) Every motor vehicle used
				  for the transportation of explosives or any other dangerous substance shall
				  comply with all applicable laws and rules as to safety, placarding and other
				  transportation requirements.
(f)
				  All vehicles will be utilized in a manner that conforms with the manufacturer's
				  design standards and specifications.
(g) The Commission adopts the provisions of
				  the rules and regulations as adopted by the Oklahoma Department of Public
				  Safety in OAC 595:35, pertaining to 49 C.F.R. Federal Motor Carrier Safety
				  Regulations, with all amendments and appendices thereto.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at
					 13 Ok Reg 2419, eff 7-1-96; Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at
					 27 Ok Reg 1773, eff 7-1-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-35 - Credit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-36 - Loss, damage and concealed claims [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 5 - CONDUCTING OPERATIONS › Section 165:30-3-37 - Leasing of equipment

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				  authorized carrier may perform authorized intrastate transportation in
				  equipment it does not own only under the following conditions:
(1) There shall be a written lease granting
				  the use of the equipment and meeting the requirements as set forth in (b) of
				  this Section.
(2) The authorized
				  carrier acquiring the use of equipment under this Section shall identify the
				  equipment in accordance with the Commission's requirements.
(3) Upon termination of the lease, the
				  authorized carrier shall remove all identification showing it as the operating
				  carrier before giving up possession of the equipment.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 7 - CHANGE OF NAME OF LICENSE HOLDER › Section 165:30-3-51 - Name changes

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				  application to change the name or business name of the holder of an intrastate
				  motor carrier license, without any change in the legal identity of the holder
				  or any change in the ownership of the license, except as provided in
				  subsections (c), (d) or (e) below, shall be filed on the appropriate form
				  prescribed (TDF3) under the permanent PIN of the holder with appropriate
				  sub-number designation and with such filing fee as prescribed by law or by
				  Commission rule. No notice or hearing shall be necessary unless the Commission
				  so requires. Notice, if required, shall be as the Commission shall
				  direct.
(b) Any change in legal
				  identity of the holder of an intrastate motor carrier license, except as
				  provided in subsections (c), (d) or (e) below, including but not limited to
				  incorporation or dissolution of a corporation, formation or dissolution of a
				  partnership or creation or dissolution of a trust shall require an original
				  application for a license.
(c)
				  Incorporation by a sole proprietor in which the sole proprietor is the majority
				  shareholder of the corporation, limited liability corporation or limited
				  liability partnership shall be deemed a name change. Incorporation by a
				  partnership in which the partners are the majority shareholders of the
				  corporation shall be deemed a name change.
(d) A change in legal entity from a
				  corporation, limited liability corporation or a limited liability partnership
				  to a sole proprietorship, a partnership, a limited liability corporation or a
				  limited liability partnership in which the sole proprietor, partners or
				  shareholders hold the majority of all issued and outstanding shares of the
				  corporation shall be deemed a name change.
(e) The merger of two or more corporations in
				  which the survivor is the holder of a current license shall be deemed a name
				  change.
(f) The transfer of stock
				  in a corporation that shall result in any entity controlling fifty one percent
				  (51%) or more of the aggregate number of voting shares of the corporation shall
				  not be deemed a name change.
(g)
				  The employment of incorporation, change of name or similar action directly or
				  indirectly as a device to circumvent the rules of this Chapter is
				  prohibited.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at
					 13 Ok Reg 2419, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 7 - CHANGE OF NAME OF LICENSE HOLDER › Section 165:30-3-52 - Transfer of certificate or permit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 3727, eff 7-11-94; Revoked at 12 Ok Reg 1005, eff 1-1-95 (emergency); Revoked
					 at 12 Ok Reg 2077, eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 7 - CHANGE OF NAME OF LICENSE HOLDER › Section 165:30-3-53 - Transfer upon death of holder of certificate or permit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 3727, eff 7-11-94; Revoked at 12 Ok Reg 1005, eff 1-1-95 (emergency); Revoked
					 at 12 Ok Reg 2077, eff 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-71 - Loading capacity - Safety compliance

Current through Vol. 41, No. 20, July 1, 2024
(a) No intrastate motor carrier or private
				  carrier shall operate or allow any employee, agent or any other person to
				  operate a motor vehicle owned or leased to it in violation of the size and
				  weight limits established by the State Statutes. Factors to be considered when
				  an application for suspension or revocation is made are set forth in subsection
				  (d)(1) through (5).
(b) No person,
				  firm or corporation shall assist in the commission of such overweight violation
				  or cause a motor vehicle to be overloaded.
(c) No intrastate motor carrier shall operate
				  or allow any employee, agent or any other person to operate a motor vehicle
				  owned or leased to it in violation of the safety standards established by the
				  state statutes.
(d) A compliance
				  audit may be conducted by the Commission and will be based upon, but not
				  limited to the following:
(1) Frequency of
				  violations.
(2) Pattern of
				  violations.
(3) Fleet
				  size.
(4) Type of
				  operation.
(5) Overweight
				  excess.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-72 - Pooling agreements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-73 - Leasing of license

Current through Vol. 41, No. 20, July 1, 2024
No intrastate motor carrier license, nor any part thereof,
					 or rights thereunder shall be leased; nor shall the holder thereof sublet or in
					 any manner permit the use thereof, or the exercise of any rights or privileges
					 thereunder by another, except as provided in this Section. Violation of this
					 Section shall be grounds for revocation of the license, and shall be grounds
					 for denial of an application for a new or renewed license.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at
					 13 Ok Reg 2419, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-74 - Violations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Revoked at 12 Ok Reg 2077, eff
					 7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 3 - Intrastate Motor Carriers › Part 9 - VIOLATIONS › Section 165:30-3-75 - Advertising

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person who
				  advertises to perform intrastate transportation services for which he does not
				  hold a proper certificate or permit or license shall be in violation of this
				  Section and subject to the penalties prescribed for contempt of the
				  Commission.
(b) A motor carrier
				  authorized to transport passengers must ensure all advertisements contain the
				  motor carrier's USDOT number that is linked to the motor carrier's passenger
				  authority license.
Amended at 12 Ok Reg
					 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at
					 29 Ok Reg 951, eff 7-1-12