SECTION 165:25-18-11. Notices of Violation

(a)   When a PSTD 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).

(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)   The NOV must explain what the offense is and how the person can correct it.

(b)   Notices of Violation will state the following information:

(1)   A clear description of the violation(s).

(2)   A date by which the violation(s) must be corrected.

(3)   The0 name of the PSTD Fuel Specialist issuing the NOV, along with a telephone number and address so that the tank owner or operator can ask the PSTD Fuel Specialist questions.

(c)   NOV(s) are issued to the owner/operator of the storage tank facility. If the owner/operator is not present, NOV(s) can be given to store personnel.

(d)   All notifications and/or correspondence will be mailed or electronically delivered to the owner and/or operator.

[Source: Added at 18 Ok Reg 2378, eff 7-1-01; Amended at 21 Ok Reg 2036, eff 7-1-04; Amended at 22 Ok Reg 1730, eff 7-1-05; Amended at 25 Ok Reg 1867, eff 7-1-08; Amended at 35 Ok Reg 985, eff 10-1-18; Amended at 36 Ok Reg 551, eff 8-1-19; Amended at 37 Ok Reg 1128, eff 10-1-20]