In addition to other powers and duties prescribed by law, the Corporation Commission shall have the power and duty to:

1. 1. Issue, renew, deny, modify, suspend, refuse to renew and revoke permits for storage tank systems pursuant to the provisions of the Oklahoma Storage Tank Regulation Act, Section 301 et seq. of this title, and rules promulgated pursuant thereto;
2. 2. Enter at any reasonable time upon any public or private property for the purpose of inspecting and investigating storage tank system and taking such samples as may be necessary to determine compliance with the provisions of the Oklahoma Storage Tank Regulation Act, and rules promulgated thereto;
3. 3. Request issuance of an administrative warrant or search warrant as may be necessary from the district court where such public or private property is located to allow entry, inspection, sampling, or copying;
4. 4. Have access to and copy any records required to be maintained pursuant to the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated thereunder;
5. 5. Inspect any equipment, practice or method which is required by the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated thereto;
6. 6. Have access to and inspect any monitoring stations or conduct tests to identify any actual or suspected release of a regulated substance;
7. 7. Employ or designate personnel to conduct investigations and inspections, to make reports of compliance with the provisions of the Oklahoma Storage Tank Regulation Act and rules promulgated thereto;
8. 8. Within its discretion, report to the district attorney having jurisdiction or to the Attorney General any act committed by an owner, operator or employee of a facility which may constitute a violation of the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated thereto;
9. 9. Advise, consult and cooperate with other agencies of this state, the federal government, other states and interstate agencies and with affected groups and political subdivisions to further the purposes of the provisions of the Oklahoma Storage Tank Regulation Act;
10. 10. Administer the Storage Tank Program in lieu of the federal government upon approval by the Environmental Protection Agency;
11. 11. Promulgate and enforce rules to implement the provisions of the Oklahoma Storage Tank Regulation Act;
12. 12. Establish minimum standards and schedules for storage tank system;

13. 13. Require any owner or operator of a storage tank system within this state to:

    1. a. submit such reports and information concerning the storage tank system as may be determined necessary by the Commission pursuant to the provisions of the Oklahoma Storage Tank Regulation Act or rules promulgated thereto,
    2. b. perform tests, install release detection devices, and where appropriate, monitor the environment to ensure that pollution is not occurring,
    3. c. make timely reports to the Commission of pollution or releases,
    4. d. temporarily or permanently cease operation of a storage tank system, modify and immediately remove or control any regulated substance that is found to be causing pollution when such cessation, removal or control is determined to be necessary by the Commission,
    5. e. provide an alternate or temporary drinking water source to any person deprived of drinking water if it is found that such owner or operator is responsible for polluting the drinking water source beyond applicable drinking water standards, or where no such standard exists, such standard as the Department of Environmental Quality shall determine,
    6. f. take full corrective action if such owner or operator is found to be responsible for the release, and
    7. g. take appropriate action to temporarily relocate residents affected by the release;
14. 14. Establish and enforce administrative penalties for violations pursuant to the provisions of the Oklahoma Storage Tank Regulation Act, including issuance of field citations by designated personnel for violations of the Oklahoma Storage Tank Regulation Act, including but not limited to the authority to close a facility found to pose an imminent threat to the health, safety or the environment or to be operating tanks for which permit fees have not been paid. Issuance or payment of field citations shall in no way preclude other enforcement proceedings, administrative penalties, fines or order of the Commission if an owner or operator fails to correct a violation or abate a threat to health, safety or the environment in a reasonable manner, as determined by the Commission. If a citation is issued or a facility is temporarily closed under the provisions of this section, the owner or operator of said facility on application to the Commission shall be afforded a hearing within ten (10) days. Any penalties or fines levied under this section shall be established by the Corporation Commission by rules promulgated pursuant to the Administrative Procedures Act, Section 250.1 et seq. of Title 75 of the Oklahoma Statutes;
15. 15. Institute and maintain or intervene in any action or proceeding where deemed necessary by the Commission pursuant to the provisions of the Oklahoma Storage Tank Regulation Act to protect the health, safety and welfare of any resident of this state or the environment;
16. 16. Prepare an emergency response plan for spills or releases of regulated substances or review emergency response plans developed outside the Commission;
17. 17. Establish a schedule of fees for issuance of any permit required pursuant to the provisions of the Oklahoma Storage Tank Regulation Act. The fees shall be in an amount to cover the costs of the Commission in administering the Oklahoma Storage Tank Regulation Act. Payment of the permitting fees for any storage tank system required pursuant to the provisions of the Oklahoma Storage Tank Regulation Act or to rules promulgated thereto shall prohibit the assessment of additional licensing or permitting fees for such storage tank systems by any other agency or municipality of this state;
18. 18. Create and implement an internal coordinated management system among the Storage Tank Regulation Program and the Oklahoma Petroleum Storage Tank Release Indemnity Program; and
19. 19. Exercise all incidental powers as necessary and proper for the administration of the Oklahoma Storage Tank Regulation Act.

Laws 1989, HB 1316, c. 90, § 6, emerg. eff. April 21, 1989; Amended by Laws 1992, SB 715, c. 406, § 2, emerg. eff. June 11, 1992; Amended by Laws 1993, SB 455, c. 344, § 4, emerg. eff. June 9, 1993; Amended by Laws 1998, SB 27, c. 375, § 12, emerg. eff. June 9, 1998 (superseded document available).