A. The Legislature finds that the release of regulated substances from storage tanks into the surface water, groundwater, air and subsurface soils of this state poses a potential threat to the environment, health, safety and welfare of the residents of this state.

Therefore the Legislature declares it is the public policy of this state to protect the public health, safety, welfare, and the environment from the potential harmful effects of storage tanks used to store regulated substances. The Legislature acknowledges that certain statutory enactments regarding petroleum storage tank systems are set forth in other titles. To that extent and to effectuate consolidation, storage tank system inspections and the regulation of antifreeze are included in the Oklahoma Petroleum Storage Tank Consolidation Act. In order to implement this policy, it is the intent of the Legislature to consolidate programs for the regulation of storage tank systems, antifreeze, inspections and Indemnity Fund compensation for eligible petroleum storage tank releases; and that the regulation of spills and releases from petroleum storage tanks, oversight of petroleum storage tank environmental corrective action, and the reimbursement of claims for costs incurred for petroleum storage tank environmental corrective action be administered by the Oklahoma Corporation Commission Petroleum Storage Tank Division.

B. The purpose of the Oklahoma Petroleum Storage Tank Consolidation Act is to provide for the administration of the various programs within the Oklahoma Corporation Commission regulating the release or spilling of regulated substances from petroleum storage tanks and to utilize financial resources for petroleum storage regulatory services, administration and reimbursement of claims for environmental corrective action by the Petroleum Storage Tank Indemnity Fund.

C. The provisions of this act shall be applicable to all current, pending, past and future contracts, claims and cases within the jurisdiction of the Petroleum Storage Tank Division; provided, that this subsection shall not apply to, nor be construed to authorize or permit the reopening or review of, the underlying claim or claims of any cases which were formally settled pursuant to a formal settlement agreement or which a final order was entered by the Corporation Commission. Further, the provisions of this act shall not change or modify the terms of purchase order agreements entered into prior to the effective date of this act.

D. In addition, to provide that petroleum storage tank regulatory concerns of industry and the public shall be addressed in an expedient manner, the Legislature further finds that:

1. Significant quantities of regulated substances are being stored in storage tank systems in this state;

2. Spills, leaks and other releases of regulated substances from such storage tank systems have occurred, are occurring and will continue to occur;

3. Such releases often pose a significant threat to the public health and safety, the quality of the water and other natural resources in this state;

4. Where contamination has occurred, corrective action measures have often been delayed for long periods while determination as to the liability and extent of liability are made;

5. Such delays result in the continuation and intensification of the threat to the public health, safety and welfare, in greater damage to the environment, and in significantly higher costs to contain and remove the contamination;

6. Adequate financial resources must be readily available to enable owners, operators and other persons to take the corrective action necessary to investigate and, if necessary, remediate such contaminated sites; and

7. Adequate financial resources shall be provided by the petroleum storage tank program established by the Petroleum Storage Tank Indemnity Fund and funded by an assessment on the sale of motor fuel, diesel fuel and blending materials in this state by a distributor.

E. The Legislature declares that, in order to provide for the investigation and, if necessary, remediation of as many contaminated sites resulting from releases of regulated substances from storage tank systems as soon as possible, any person eligible for Indemnity Fund reimbursement pursuant to the provisions of this act shall be compensated for certain allowable costs incurred in connection with corrective action, subject to the conditions specified by Sections 301 through 348.9 of this title.

Added by Laws 1989, c. 90, § 2, emerg. eff. April 21, 1989. Amended by Laws 1998, c. 375, § 8, emerg. eff. June 9, 1998; Laws 2016, c. 155, § 1, eff. Nov. 1, 2016; Laws 2018, c. 27, § 2, eff. Nov. 1, 2018; Laws 2019, c. 82, § 2, eff. July 1, 2019.