1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3050 By: Boles
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6 AS INTRODUCED
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7 An Act relating to petroleum storage tanks; amending
7 17 O.S. 2021, Section 310, which relates to
8 inspections and investigations; modifying time frame
8 for appeal; removing certain statutory references;
9 and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 17 O.S. 2021, Section 310, is
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14 amended to read as follows:
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15 Section 310. A. If upon inspection or investigation, or
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16 whenever the Corporation Commission determines that there are
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17 reasonable grounds to believe that a storage tank system owner,
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18 operator or responsible person is in violation of the Oklahoma
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19 Petroleum Storage Tank Consolidation Act or of any rule promulgated
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20 pursuant thereto or of any order of the Commission, the Commission
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21 shall give written notice or issue a Notice of Violation to the
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22 alleged violator specifying the cause of complaint. Such notice
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23 shall require that action or corrective action be immediately
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 1 initiated. The notice shall be delivered to the alleged violator in
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2 accordance with the provisions of subsection C of this section.
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3 B. 1. If action or corrective action is not taken in response
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4 to the notice issued pursuant to subsection A of this section, the
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5 Commission shall initiate proceedings and hold a hearing to
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6 determine if:
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7 a. the alleged violator should be found in contempt or in
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8 violation of Commission rules, requirements, enabling
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9 statutes, and/or Commission orders,
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10 b. any permit or license issued to the alleged violator
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11 should be suspended, revoked or not reissued, or
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12 c. whether any other appropriate relief should be
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13 granted.
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14 2. Notice of the hearing shall be delivered to the alleged
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15 violator at least twenty (20) days prior to the time set for
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16 hearing. The notice shall be delivered to the alleged violator in
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17 accordance with the provisions of subsection C of this section.
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18 3. After hearing, the Commission shall make findings of fact
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19 and conclusions of law, and enter its order reflecting its decision
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20 in the matter. The order of the Commission shall become final and
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21 binding on all parties unless appealed to the Supreme Court as
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22 provided in Section 318 of Title 75 of the Oklahoma Statutes within
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23 sixty (60) thirty (30) days of the Commission's order. Except as
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24 otherwise provided by this section, Sections 319 through 322 of
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 1 Title 75 of the Oklahoma Statutes shall be applicable to such
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2 appeals.
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3 C. 1. Except as otherwise expressly provided by law, any
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4 notice, order, or other instrument issued by or pursuant to
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5 authority of the Commission may be served on any person affected
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6 thereby personally, by publication, or by mailing a copy of the
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7 notice, order, or other instrument by certified mail directed to the
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8 person affected at the last-known post office address as shown by
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9 the files or records of the Commission. Service shall be considered
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10 complete if certified mail service is returned unclaimed,
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11 undeliverable, unable to forward, vacant or refused. Proof of
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12 service shall be made as in the case of service of a summons or by
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13 publication or may be made by the affidavit of the person who did
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14 the mailing.
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15 2. Such proof of service shall be filed in the court clerk's
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16 office of the Commission.
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17 3. Every certificate or affidavit of service made and filed as
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18 provided in this section shall be prima facie evidence of the facts
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19 therein stated. A certified copy thereof shall have like force and
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20 effect.
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21 SECTION 2. This act shall become effective November 1, 2024.
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23 59-2-8882 JBH 12/05/23
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