Okla. Stat. tit. 17 § 312

Current through Laws 2024, c. 453.

Section 312 - Enforcement of actions and remedies - Action for equitable relief - Jurisdiction - Relief

A. Enforcement of any action for an injunction or recovery of any administrative fine or civil penalty assessed pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et seq. of this title, or rule promulgated thereto may be brought by:

1. The district attorney of the appropriate district court of the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or

3. The Petroleum Storage Tank Division of the Corporation Commission on behalf of the State of Oklahoma before an administrative law judge of the Commission, or as otherwise authorized by law.

B. The Division may bring an action before an administrative law judge of the Commission, or in a court of competent jurisdiction for equitable relief to redress or restrain a violation by any person of a provision of the Oklahoma Petroleum Storage Tank Consolidation Act or any rule promulgated or order issued pursuant to the act. The administrative law judge or court has jurisdiction to determine the action, and to grant the necessary or appropriate relief, including but not limited to:

1. Enjoining further releases;

2. Ordering the design, construction, installation or operation of alternate facilities;

3. Ordering the removal of facilities, contaminated soils and the restoration of the environment;

4. Fixing and ordering compensation for any public or private property destroyed, damaged or injured;

5. Except as otherwise provided by law, assessing and awarding punitive damages pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act; and

6. Ordering reimbursement to any agency of federal, state or local government from any person whose acts caused governmental expenditures if not already reimbursed by any other state or federal reimbursement program.

C. All judgments or fines assessed against any corporation, person or firm for the violation of any order or regulation shall be a first lien on all property of such corporation, person or firm within the state, and it shall be the duty of the Corporation Commission, if such judgment or fine is not paid within thirty (30) days after the rendition of such judgment or fine, to issue an execution, directed to the Marshal of the Corporation Commission, commanding him or her to seize sufficient property of such corporation, person or firm to satisfy the fine or judgment. It shall be the duty of the Marshal to sell or dispose of properties levied on by reason of an execution issued by the Commission, in like manner as now required by sheriffs of this state, for the sale of the property levied on by virtue of an execution issued on a judgment of a district court.

Okla. Stat. tit. 17, § 312

Amended by Laws 2018 , c. 27, s. 14, eff. 11/1/2018.

Added by Laws 1989, HB 1316, c. 90 § 12, emerg. eff. 4/21/1989; Amended by Laws 1993, SB 455, c. 344, § 10, emerg. eff. 6/9/1993; Amended by Laws 1998 , SB 27, c. 375, §19, eff. 6/9/1998; Amended by Laws 2005 , SB 155, c. 435, §9, eff. 11/1/2005.