Okla. Admin. Code § 165:27-7-4

Current through Vol. 41, No. 19, June 17, 2024

Section 165:27-7-4 - Cost recovery

(a) Cost recovery shall be initiated for all corrective action expenditures from either the Indemnity Fund, Oklahoma Leaking Underground Storage Tank Trust Fund ("LUST Trust Fund"), Oklahoma Leaking Underground Storage Tank Revolving Fund ("LUST Trust Revolving Fund"), or any combination thereof, through an administrative application with notice and hearing. The tank owner, operator or otherwise eligible person shall be assessed the total amount of corrective action costs, administrative and legal expenses, including attorney's fees. Upon issuance of a Commission order, the total amount assessed by order shall be due and payable and shall constitute a judgment lien of the Commission as provided by 17 O.S. § 6.

(b) LUST Trust Fund or LUST Trust Revolving Fund cost recoveries regarding an imminent threat to public health, safety, or the environment; or an unknown, unwilling, or unavailable owner, operator or otherwise eligible person, shall be upon issuance of a Commission order immediately reimbursable from the Indemnity Fund to the LUST Trust Revolving Fund. The Commission order shall establish the Indemnity Fund as the lien holder and shall include administrative and legal expenses. The amount reimbursable to the LUST Trust Revolving Fund will be for corrective action costs only.

Reserved at 9 Ok Reg 2315, eff 6-25-92

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018