SECTION 165:15-19-5. Issuance of a Field Citation and payment of fine or hearing

(a)   The storage tank owner or operator can either pay the amount of the fine as stated in the Field Citation or request a hearing.

(b)   The tank owner or operator will have thirty (30) days from the date the Field Citation was issued to pay the fine.

(1)   A fine may be paid with cash, a money order, check or electronic method approved by the Commission. Any cash payment must be made at the Commission's cashier window. All checks must be made payable to the Oklahoma Corporation Commission - Petroleum Storage Tank Division. If sending payment through the mail, a copy of the Field Citation must be sent with the payment to ensure proper credit.

(2)   Payment of a fine within the thirty (30) day timeframe will not be considered an agreement or disagreement with the Field Citation.

(c)   If the storage tank owner or operator disagrees with the Field Citation, they may appear at the hearing at the Commission as provided in the Field Citation. If found in violation of PSTD rules at the time the Commission order is issued, the tank owner or operator must pay the amount of the fine, as well as an administrative cost of $250.00.

(d)   Refusal to comply with an order of the Commission may result in an additional fine to be levied after notice and hearing in an amount as allowed by law, and shutdown of the storage tank system for failure to pay fines.

(e)   Failure of a tank owner or operator to appear at the hearing may result in additional enforcement action.

(f)   Any exceptions to the hearing must be made in accordance with OAC 165:5.

(g)   A tank owner or operator is still responsible for following the Commission's rules regarding petroleum storage tanks regardless of paying a fine or correcting a violation.

[Source: Added at 18 Ok Reg 1052, eff 5-11-01; Amended at 32 Ok Reg 768, eff 8-27-15; Amended at 35 Ok Reg 974, eff 10-1-18; Amended at 36 Ok Reg 535, eff 8-1-19; Amended at 37 Ok Reg 1121, eff 10-1-20]