§17-322. Petroleum Storage Tank Division - Jurisdiction - Director
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/ok/title-17-corporation-commission/17-322·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Powers and duties.
A. 1. Effective July 1, 1998, there is hereby established the Petroleum Storage Tank Division within the Corporation Commission, which shall have separate budget activities and subactivities from any other division of the Commission.
2. The Petroleum Storage Tank Division shall be funded by available federal funds, grants, fees, and appropriations.
B. 1. The Petroleum Storage Tank Division shall be the sole division of the Commission with jurisdiction over releases and spills from petroleum storage tanks.
2. The acts and programs specified by this paragraph shall constitute a part of the Oklahoma Petroleum Storage Tank Consolidation Act and shall be subject to the jurisdiction of the Division. This jurisdiction shall include, but not be limited to, the administration of the following previous acts, programs, funds and inspections:
a.
the Oklahoma Petroleum Storage Tank Regulation Act,
b.
the Oklahoma Petroleum Storage Tank Reform Act,
c.
the Oklahoma Petroleum Storage Tank Release Indemnity
Fund Program,
d. the Oklahoma Petroleum Storage Tank Release
Environmental Cleanup Indemnity Fund,
e. the Oklahoma Storage Tank Regulation Revolving Fund,
f. the Oklahoma Leaking Underground Storage Tank Trust
Fund,
g. the Oklahoma Leaking Underground Storage Tank Trust
Revolving Fund,
h. Compliance and Inspection,
i. Petroleum Storage Tank Registration, Licensing, and
j. Antifreeze.
3. All positions in the Petroleum Storage Tank Division shall be unclassified. Those employees who are classified on the effective date of this act may elect to remain classified pursuant to Section 840-4.2 of Title 74 of the Oklahoma Statutes.
4. All rules promulgated and orders entered by the Oklahoma Corporation Commission prior to the effective date of this act related to the programs, funds and services of the Petroleum Storage Tank Division and shall remain in full force and effect until overturned, amended, modified, revoked or repealed by the Corporation Commission and shall be enforced by the Petroleum Storage Tank Division.
C. 1. The Director of the Petroleum Storage Tank Division shall be appointed by the Director of Administration of the Corporation Commission. All other employees of the Petroleum Storage Tank Division shall be hired by the Director of the Petroleum Storage Tank Division.
2. The Director shall provide for the administration of the Petroleum Storage Tank Division and shall:
a. develop the organizational framework of the Petroleum
Storage Tank Division,
b. define duties and set salaries of employees, to employ
a sufficient number of employees to accomplish the
duties and responsibilities of the programs, funds and
services of the Petroleum Storage Tank Division,
including but not limited to such assistants,
chemists, geologists, hydrologists, storage tank
professionals, engineers, administrative, clerical and
technical personnel, investigators, aides and such
other personnel, either on a full-time, part-time, fee
or contractual basis, as in the judgment and
discretion of the Director shall be deemed necessary,
expedient, convenient or appropriate to the
performance or carrying out of any of the purposes,
objectives, responsibilities or statutory provisions
relating to the Petroleum Storage Tank Division,
c. establish internal policies and procedures for the
proper and efficient administration of the Division,
d. clearly delineate the duties and responsibilities of
the various programs as prescribed by law within the
jurisdiction of the Division,
e. create and implement an internal coordinated
management system among the Storage Tank Regulation
Program and the Indemnity Fund,
f. the Indemnity Fund Administrator and all other
employees of the Indemnity Fund shall be hired by the
Director of the Petroleum Storage Tank Division of the
Corporation Commission,
g. Indemnity Fund employees shall be in the unclassified
service and shall be exempt from the agency full-time-
equivalent limit. All employees involved in reviewing
and approving claims and in the approval and issuance
of payments shall be employees of the Indemnity Fund
under the supervision of the Director or Director's
designee,
h. the Director is authorized to employ temporary
workers, contract labor, or to contract with a private
company as may be prudent to properly administer the
Indemnity Fund, and
i. exercise all incidental powers which are necessary and
proper to implement the purposes of the Division
pursuant to the Oklahoma Petroleum Storage Tank
Consolidation Act and to implement all programs within
the Division's jurisdiction. Added by Laws 1998, c. 375, § 2, emerg. eff. June 9, 1998. Amended by Laws 2012, c. 304, § 62; Laws 2018, c. 27, § 21, eff. Nov. 1, 2018; Laws 2019, c. 82, § 8, eff. July 1, 2019.