Okla. Admin. Code § 165:25-1-67
Current through Vol. 42, No. 7, December 16, 2024
Section 165:25-1-67 - Shutdown of operations(a) PSTD may close (shut down) a UST system: (1) If the system poses an imminent threat to health, safety, or the environment. (2) If the owner or operator is operating tanks for which permit fees have not been paid. (3) If the owner or operator fails to comply with a Commission requirement or order. (4) For failure to properly install, operate and/or maintain leak detection, spill, overfill, or corrosion equipment if the owner/operator has been issued a written notice of violation and has failed to correct the problem. (5) Failure to protect a buried metal flexible connector from corrosion if the owner/operator has been issued a written notice of violation and has failed to correct the problem. (6) Failure to perform, maintain, have readily available or present records for the previous twelve (12) thirty (30) day periods. (7) Failure to have a Class A, B, or C operator on premises during business hours. (8) Tampering with equipment. (9) If a Fuel Specialist issues a Notice of Violation (NOV) and the violation(s) is/are not corrected. (b) PSTD must close (shut down) a UST system: (1) If required spill prevention equipment is not installed. (2) If required overfill protection equipment is not installed. (3) If required leak detection equipment is not installed. (4) If required corrosion equipment is not installed. (5) If two inches (2") or more of water is found in the tank where conventional gasoline or diesel fuel is stored and if one-half inch (1/2") or more of water is found in the tank of gasoline blended with alcohols, E85, fuel ethanol, or diesel blended with biodiesel. (6) If a meter is found to be off in calibration by more than minus fifteen (-15) cubic inches per every five (5) gallons. (c) Only PSTD designated employees have the authority to lock or seal dispensers and/or fill pipes of any UST system violating subsection (a) or (b) of this Section. The PSTD employee must explain in writing to the owner or operator the reason the UST system is being locked or sealed. (d) The PSTD "Out of Order" tag attached to each fill pipe of the tank(s) in violation shall serve to clearly identify the tank(s) as ineligible for delivery, deposit, or acceptance of product. Tank owners/operators and product deliverers are responsible for ensuring that product is not delivered into the tagged tank(s). (e) Any person who removes a lock or seal without permission from PSTD will be subject to penalties imposed by this Chapter, or formal enforcement proceedings. (f) Upon confirmation that the UST system no longer poses an imminent threat to health, safety, or the environment, the owner and/or operator of the facility is in compliance with PSTD rules, permit fees paid, violation(s) corrected, Commission order or requirements satisfied, the authority to remove a lock or seal by the owner or operator may be obtained as follows: (1) Written permission from the PSTD employee who placed the lock or seal on the device; coupled with written confirmation to PSTD by the person removing the lock or seal; or (2) Verbal or written permission from the Director or Director's designee; or (3) Application to and order of the Commission. (g) If a facility is closed under the provisions of this Section, the owner or operator of the facility will be afforded a hearing within ten (10) days of receipt by PSTD of the owner's or operator's application for a hearing. Okla. Admin. Code § 165:25-1-67
Added at 18 Ok Reg 2378, eff 7-1-01 ; Amended at 21 Ok Reg 2036, eff 7-1-04 ; Amended at 22 Ok Reg 1730, eff 7-1-05 ; Amended at 25 Ok Reg 1867, eff 7-1-08 ; Amended at 30 Ok Reg 584, eff 7-1-13
Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019