Storage Tank Advisory Council
17 O.S. Section 340
(2) an engineer who holds an environmental
consultant's license issued by the Petroleum
Storage Tank Division or works for a company that
performs petroleum storage tank services, or
(3) a licensed environmental consultant, or
(4) an owner-operator of an environmental company;
2. The President Pro Tempore of the Senate shall appoint four
members as follows:
a. one member shall be a petroleum storage tank owner,
operator or agent,
b. one member shall be a petroleum storage tank operator
or agent for an agricultural cooperative, and
c. two members may include:
(1) a petroleum storage tank owner, operator or agent,
or
(2) an engineer who holds an environmental
consultant's license issued by the Petroleum
Storage Tank Division or works for a company that
performs petroleum storage tank services, or
(3) a licensed environmental consultant, or
(4) an owner-operator of an environmental company; and
3. The Speaker of the House of Representatives shall appoint
four members as follows:
a. one member shall be a petroleum storage tank owner,
operator or agent,
b. one member shall be a county commissioner or a
petroleum storage tank operator or agent for a county
commissioner, and
c. two members may include:
(1) a petroleum storage tank owner, operator or agent,
or
(2) an engineer who holds an environmental
consultant's license issued by the Petroleum
Storage Tank Division or works for a company that
performs petroleum storage tank services, or
(3) a licensed environmental consultant, or
(4) an owner-operator of an environmental company.
C. The Council shall elect a chair and a vice-chair from among
its members. The Council shall meet as required for rule
development, review and recommendation and for such other purposes
specified by law. Special meetings may be called by the chair or by
the concurrence of any five members.
D. The Storage Tank Advisory Council shall:
1. Have authority to recommend to the Commission rules to
implement the Oklahoma Petroleum Storage Tank Consolidation Act and
the Petroleum Storage Tank Indemnity Fund. The staff of the storage
tank regulatory program and the Petroleum Storage Tank Indemnity Fund
Oklahoma Statutes - Title 17. Corporation Commission Page 234
shall not have standing to recommend to the Commission proposed
permanent rules or changes to such rules which have not previously
been submitted to the Council for action prior to the hearing for
adoption of the rules by the Commission;
2. Before recommending any permanent rules to the Commission,
give public notice, offer opportunity for public comment and conduct
a public rulemaking hearing when required by the Administrative
Procedures Act and rules of the Commission;
3. Have authority to make written recommendations to the
Commission which have been concurred upon by at least a majority of
the membership of the Council; and
4. Have the authority to provide a public forum for the
discussion of issues it considers relevant to its area of
jurisdiction, and to:
a. pass nonbinding resolutions expressing the sense of the
Council, and
b. make recommendations to the Commission and its
regulatory programs and the Petroleum Storage Tank
Indemnity Fund concerning the need and the desirability
of conducting public meetings, workshops and seminars.
E. The Council shall not recommend rules for promulgation by the
Commission unless all applicable requirements of the Administrative
Procedures Act and rules of the Commission have been followed,
including but not limited to notice, rule impact statement and rule-
making hearings. All actions of the Council with regard to rule-
making shall be deemed actions of the Commission for the purposes of
complying with the Administrative Procedures Act and rules of the
Commission. The Council shall advise the Commission on initiating
and conducting rule-making proceedings pursuant to the Oklahoma
Petroleum Storage Tank Consolidation Act.
F. Members of the Council shall serve without compensation but
may be reimbursed expenses incurred in the performance of their
duties, as provided in the State Travel Reimbursement Act. The
Council is authorized to utilize the conference rooms of the
Commission and obtain administrative assistance from the Commission,
as required.
G. 1. The Commission is specifically charged with the duty of
promulgating rules which will implement the duties and
responsibilities of the Oklahoma Petroleum Storage Tank Consolidation
Act.
2. Except as provided in this subsection, rules within the
jurisdiction of the Council provided for by this section shall be
promulgated with the advice of such Council.
3. The Commission may promulgate emergency rules without the
advice of the Council when the time constraints of the emergency, as
determined by the Commission, do not permit timely development of
recommendations by the Council.
Oklahoma Statutes - Title 17. Corporation Commission Page 235
