Within their respective jurisdictional areas, the Corporation Commission and the Department of Environmental Quality are hereby designated as the state agencies to administer subtitle I of Title VI of the Solid Waste Disposal Act and Section 205 of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.A., Section 6991 et seq. The Corporation Commission shall have jurisdiction over underground and aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality. The Department of Environmental Quality shall have jurisdiction over underground and aboveground storage tanks containing hazardous substances and other substances or facilities not within the jurisdiction of the Corporation Commission.

Added by Laws 1989, c. 90, § 5, emerg. eff. April 21, 1989. Amended by Laws 1992, c. 406, § 1, emerg. eff. June 11, 1992; Laws 1998, c. 375, § 11, emerg. eff. June 9, 1998; Laws 2000, c. 364, § 7, emerg. eff. June 6, 2000.