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ENGROSSED HOUSE
BILL NO. 3050 By: Boles of the House
and
Green of the Senate
An Act relating to petroleum storage ta nks; amending
17 O.S. 2021, Section 310, which relates to
inspections and investigations; modif ying time frame
for appeal; removing certain statutory references;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 310, is
amended to read as follows:
Section 310. A. If upon inspection or investigation, or
whenever the Corporation Commission determines that there are
reasonable grounds to bel ieve that a storage tank system owner,
operator or responsible person is in violation of the Oklaho ma
Petroleum Storage Tank Consolidation Act or of any rule promulgated
pursuant thereto or of any order of the Commission, the Commission
shall give written notice or issue a Notice of Violation to the
alleged violator specifying the cause of complaint. S uch notice
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shall require that action or corrective action be immediately
initiated. The notice shall be delivered to the alleged violator in
accordance with the provisions of subsection C of this section.
B. 1. If action or corrective action is not take n in response
to the notice issued pursuant to subsection A of this section, the
Commission shall initiate proceedings and hold a hearing to
determine if:
a. the alleged violator should be found in contempt or in
violation of Commission rules, requirements , enabling
statutes, and/or Commission orders,
b. any permit or license issued to the alleged violator
should be suspended, revoked or not reissued, or
c. whether any other appropriate relief should be
granted.
2. Notice of the hearing shall be delivered to the alleged
violator at least twenty (20) days prior to the time set for
hearing. The notice shall be delivered to the alleged violator in
accordance with the provisions of subsection C of this section.
3. After hearing, the Commission shall make find ings of fact
and conclusions of law, and enter its order reflecting its decision
in the matter. The order of the Commission shall become final and
binding on all parties unless appealed to the Supreme Court as
provided in Section 318 of Title 75 of the Ok lahoma Statutes within
sixty (60) thirty (30) days of the Commission 's order. Except as
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otherwise provided by this section, Sections 319 through 322 of
Title 75 of the Oklahoma Statutes shall be applicable to such
appeals.
C. 1. Except as otherwise expr essly provided by law, any
notice, order, or other instrument issued by or pursuant to
authority of the Commission may be served on any person affected
thereby personally, by publication, or by mailing a copy of the
notice, order, or other instrument by ce rtified mail directed to the
person affected at the last -known post office address as shown by
the files or records of the Commission. Service shall be consi dered
complete if certified mail service is returned unclaimed,
undeliverable, unable to forward, vacant or refused. Proof of
service shall be made as in the case of service of a summons or by
publication or may be made by the affidavit of the person who did
the mailing.
2. Such proof of service shall be filed in the court clerk 's
office of the Commission.
3. Every certificate or affidavit of service made and filed as
provided in this section shall be prima facie evidence of the facts
therein stated. A certified copy thereof shall have like force and
effect.
SECTION 2. This act shall become effective November 1, 2024.
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Passed the House of Representatives the 26th day of February,
2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2024.
Presiding Officer of the Senate