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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 165. Corporation Commission |
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Chapter 15. Fuel Inspection |
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Subchapter 19. Inspections, Notices of Violation, Field Citations, and Formal Enforcement Actions |
SECTION 165:15-19-3. Notices of Violation
Latest version.
- (a) When a Petroleum Storage Tank Division Fuel Specialist finds a violation of any statute, rule, requirement or order of the Commission regarding the regulation of petroleum storage tanks, the Fuel Specialist may issue a Notice of Violation (NOV).(b) Each violation that can have an NOV issued is listed in this Chapter, OAC 165:16, 165:25, and 165:26.(1) A Notice of Violation is to alert the tank owner or operator that a violation has been found. The NOV will describe the violation and advise that further PSTD enforcement action may occur if the violation is not corrected. If the violation cannot be corrected, the violation will be referred to the PSTD Compliance and Inspection Manager or Director's designee who may initiate Formal Enforcement Action or issue a Field Citation.(2) At PSTD's discretion, serious violations can be immediately turned over to the Commission's Judicial and Legislative Services Division for Formal Enforcement Action.(3) In all situations where an NOV is issued, it must explain to the person to whom it is given what the offense is and how the person can correct it.(c) A Notice of Violation will state the following information:(1) A clear description of the violation(s).(2) A date by which the violation(s) are required to be corrected.(3) The name of the Fuel Specialist issuing the NOV, along with a telephone number and address so that the tank owner or operator can ask the Fuel Specialist questions.(d) NOV(s) are issued to the owner or operator of the storage tank facility. If the owner or operator is not present, NOVs can be given to store personnel, but all notifications and/or correspondence will be mailed or electronically delivered to the owner and/or operator.