SECTION 165:26-4-16. 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.

(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 it can be corrected.

(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)   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.

(c)   NOV(s) are issued to the owner or 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 submitted to the owner and/or operator.

[Source: Added at 17 Ok Reg 2875, eff 7-15-00; Amended at 21 Ok Reg 2079, eff 7-1-04; Amended at 22 Ok Reg 1752, eff 7-1-05; Amended at 25 Ok Reg 2187, eff 7-11-08; Amended at 35 Ok Reg 1010, eff 10-1-18; Amended at 36 Ok Reg 576, eff 8-1-19; Amended at 37 Ok Reg 1143, eff 10-1-20]