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SENATE FLOOR VERSION
March 28, 2024
ENGROSSED HOUSE
BILL NO. 3050 By: Boles of the House
and
Green of the Senate
An Act relating to petroleum storage tanks; amending
17 O.S. 2021, Section 310, which relates to
inspections and investigations; m odifying 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 believe that a storage tank system owner,
operator or responsible person is in violation of the Oklahom a
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. Su ch notice
shall require that action or corrective action be immediately
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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 taken in response
to the notice issued pursuant to subsection A of this section, the
Commission shall initia te 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 t o the alleged
violator at least twenty (20) days prior to the time set for
hearing. The notice shall b e delivered to the alleged violator in
accordance with the provisions of subsection C of this section.
3. After hearing, the Commission shall make findi ngs 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 Okl ahoma Statutes within
sixty (60) thirty (30) days of the Commission 's order. Except as
otherwise provided by this section, Sections 319 through 322 of
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Title 75 of the Oklahoma Statutes shall be applicable to such
appeals.
C. 1. Except as otherwise expre ssly 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 cer tified 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 considered
complete if certified mail service is returned unclaimed,
undeliverable, unable to forward, v acant 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 Commis sion.
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.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND TELECOMMUNICATIONS
March 28, 2024 - DO PASS