A. Monies in the Petroleum Storage Tank Indemnity Fund shall only be expended for:

1. Reimbursements to eligible persons, unless duly assigned to another, for eligible expenses including the costs to identify and confirm the existence of a suspected release when so instructed by the Petroleum Storage Tank Division or when such expenses as determined by the Petroleum Storage Tank Division as necessary and appropriate to protect the health, safety and welfare of the public and the environment;

2. Reimbursement of actual costs incurred by the Division for the administration of the Indemnity Fund;

3. Purchase real property, personal property and easements in conjunction with corrective action efforts and/or the establishment of an alternative water supply as provided for in Section 306 of this title;

4. Reimbursement of actual costs incurred by the Petroleum Storage Tank Division for the administration of the Indemnity Fund and costs incurred for the purpose of evaluating claims and determining whether specific claims qualify for payment or reimbursement from the Indemnity Fund. Any costs incurred by and reimbursed to the Commission pursuant to the provisions of the Indemnity Fund shall not exceed the actual expenditures made by the Commission to implement the provisions of the Indemnity Fund; and

5. Payment of claims from the Indemnity Fund shall not become or be construed to be an obligation of this state. No claims submitted for reimbursement from the Indemnity Fund shall be paid with state monies.

B. The Director of the Petroleum Storage Tank Division shall hire an Administrator who shall administer the Indemnity Fund for the benefit of those persons determined to be eligible by the Administrator to receive total or partial reimbursement for:

1. The costs determined to be eligible by the Administrator in preparing a corrective action plan;

2. The cost of corrective action taken in response to an eligible release;

3. Payment of claims for property damage or personal injury resulting from an eligible release; and

4. Necessary costs incidental to the cost of a site assessment or the corrective action taken and for filing and obtaining reimbursement from the Indemnity Fund.

C. Reimbursements made to or for the benefit of eligible persons shall be exempt from The Oklahoma Central Purchasing Act.

D. 1. Costs incurred as a result of a release from a storage tank system owned or operated by this state are reimbursable pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act. State-owned facilities shall take the proper corrective action as may be necessary to protect the environment from a leaking storage tank system. An agency of the state may also access said fund for reimbursement when it purchases property containing storage tanks from an owner or operator qualified to access the Indemnity Fund and upon which an eligible release has occurred prior to the agency acquiring the property.

2. Costs incurred as a result of a release from a storage tank system owned or operated by a Class I railroad or the federal government are not reimbursable pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act.

E. The Indemnity Fund shall consist of:

1. All monies received by the Commission as proceeds from the assessment imposed pursuant to Section 327.1 of this title;

2. Interest attributable to investment of money in the Indemnity Fund; and

3. Money received by the Commission in the form of gifts, grants, reimbursements or from any other source intended to be used for the purposes specified by or collected pursuant to the provisions of the Oklahoma Petroleum Storage Tank Consolidation Act.

F. 1. Except as provided in this section, the monies deposited in the Indemnity Fund shall at no time become monies of the state and shall not become part of the general budget of the Commission or any other state agency. Except as otherwise authorized by the Oklahoma Petroleum Storage Tank Consolidation Act, no monies from the Indemnity Fund shall be transferred for any purpose to any other state agency or any account of the Commission or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.

2. Monies from the Indemnity Fund may be used to pay or reimburse the Commission for the salary and indirect expense of any employee of the Petroleum Storage Tank Division while such employee is performing work involved in the regulation of storage tanks pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act or the administration of programs pursuant to said act, including the development, review and approval of corrective action plans as required by the regulatory programs. The Indemnity Fund shall pay for all costs associated with administering the Compliance and Inspection Department including, but not limited to, automobile and travel costs, computer software and equipment, and other costs incurred in administering the Compliance and Inspection Department. The Commission shall cross-train the field staff of the Petroleum Storage Tank Division to perform inspections and related field activities for all programs within the Division and the Indemnity Fund may reimburse the Division the actual costs of inspection services performed on behalf of the Indemnity Fund.

Added by Laws 1998, c. 375, § 4, emerg. eff. June 9, 1998. Amended by Laws 2004, c. 430, § 5, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 16, eff. Nov. 1, 2005; Laws 2018, c. 27, § 22, eff. Nov. 1, 2018; Laws 2019, c. 82, § 9, eff. July 1, 2019.