Okla. Admin. Code § 165:27-3-1

Current through Vol. 42, No. 4, November 1, 2024

Section 165:27-3-1 - General requirements

In order to qualify for reimbursement from the Fund, a person must meet the following requirements:

(1) The person must be an eligible storage tank owner or operator, property owner, adjacent property owner, or impacted party who has met applicable criteria for Fund reimbursement, to include Fund eligibility for an OCC confirmed release case, or a PSTD authorized Purchase Order for a Suspicion of Release, that does require modified eligibility. The Director of PSTD may make a formal administrative application without meeting eligibility criteria.

(2) The claimant must have incurred eligible expenses for an eligible release from an eligible tank for which reimbursement is requested.

(3) The claimant must submit properly completed forms, purchase orders, reports, and claims for reimbursement to the Fund in accordance with governing statutes, the rules of this Chapter, and OAC 165:25, 165:26, and 165:29 in a format established by PSTD. Failure to submit required paperwork within the required timeframe may result in an enforcement action.

(4) The release of substances must be from an eligible tank system, either present, abandoned, or formerly present at the facility where the release occurred. It is the sole duty and responsibility of the Indemnity Fund applicant to establish to the satisfaction of the PSTD that a tank system is/was formerly present, and that the tank system contains/contained regulated substances.

(5) If tanks were in service after November 8, 1984, the person who currently owns either the tank system or the property or both, where a tank system is located, is the eligible person regardless of the person never having sold, stored or otherwise owned or operated the storage tank system while the storage tank system contained regulated substances.

Okla. Admin. Code § 165:27-3-1

Added at 9 Ok Reg 2315, eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 22 Ok Reg 1775, eff 7-1-05

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019