Okla. Admin. Code § 165:5-7-39

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

Section 165:5-7-39 - Staff applications for state funds to conduct remedial action

(a)Scope. This Section establishes the procedure for applications by Commission staff requesting the issuance of orders authorizing the use of state funds to plug, replug or repair wells, and repair, remediate or close commercial pit facilities.

(b)Referral of case from the Oil and Gas Conservation Division. Upon receipt of a request from the Oil and Gas Conservation Division seeking the issuance of an order authorizing the use of state funds to plug, replug or repair wells pursuant to 52 O.S. §309 et seq. or regarding the repair, remediation or closure of a facility constructed or used for permanent storage of deleterious substances pursuant to 52 O.S. §140, an application shall be filed. Applicant shall:

(1) Give proper notice of the application.

(2) Acquire affidavits and any other exhibits showing the need for state funds to plug, replug or repair wells, or to repair, remediate or close a facility. The status of the well or facility operator and the condition of the well or facility are to be addressed in the exhibits.

(3) Acquire specifications and estimate of costs to plug, replug or repair wells or to repair, remediate or close facilities.

(c)Emergency application. In an emergency, the applicant may file an emergency application requesting the issuance of an order authorizing funds to conduct necessary remedial action. The Commission shall hear such applications with or without notice. At the time of hearing, the Commission shall receive the exhibits and the Commission shall rule on the request as it deems appropriate.

(d)Hearing on the merits.

(1) The matter shall be set for hearing before an Administrative Law Judge, unless otherwise referred by the Commission.

(2) At the hearing, the Administrative Law Judge shall:

(A) Receive any exhibits not previously entered into evidence.

(B) Inquire of the applicant or witness as the Administrative Law Judge deems necessary.

(C) Make recommendations as to actions to be taken or relief to be granted or denied. The Commission shall issue an order as it deems appropriate.

(3) Where the Commission has issued an emergency order in the case, the applicant may move that the emergency order be made a final order. The Commission may grant such a request if further funds are not needed to accomplish the remedy.

Okla. Admin. Code § 165:5-7-39

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022