Exemptions.

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The provisions of the Oklahoma Petroleum Storage Tank Consolidation Act shall not apply to:

1. Septic tank systems;

2. Pipeline facilities;

3. Surface impoundments, pits, ponds or lagoons;

4. Stormwater and wastewater collection systems;

5. Flow-through process tank systems;

6. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

7. Hydraulic lift tank systems;

8. Storage tank systems with a capacity of less than one hundred ten (110) gallons;

9. Fleet and commercial aboveground storage tanks with an individual capacity of two thousand one hundred (2,100) gallons or less;

10. Storage tank systems with a de minimus concentration of regulated substances;

11. Storage tank systems that serve as emergency backup tanks, provided that such backup tanks hold regulated substances for only a short period of time and are expeditiously emptied after each use. The provisions of this paragraph shall not prevent Corporation Commission notification requirements and such other restrictions as may be deemed necessary by the Commission to protect the environment;

12. Farm or residential underground storage tanks with an individual capacity of one thousand one hundred (1,100) gallons or less used for noncommercial purposes;

13. Underground storage tanks used for storing heating oil for consumptive use on the premises where stored;

14. Storage tank systems storing hazardous wastes regulated under Subtitle C of the federal Solid Waste Disposal Act, 42 U.S.C., Section 6921 et seq., or substances regulated as hazardous wastes under the Oklahoma Hazardous Waste Management Act; and

15. Fuel storage facilities and associated equipment used in wholesale or bulk distribution activities that are supplied by a pipeline and from which fuel may be removed at a rack.

Added by Laws 1989, c. 90, § 4, emerg. eff. April 21, 1989. Amended by Laws 1992, c. 403, § 2, eff. Sept. 1, 1992; Laws 1993, c. 344, § 3, emerg. eff. June 9, 1993; Laws 1994, c. 352, § 2, emerg. eff. June 9, 1994; Laws 1998, c. 375, § 10, emerg. eff. June 9, 1998; Laws 2006, c. 28, § 2, emerg. eff. April 11, 2006; Laws 2007, c. 109, § 1, emerg. eff. May 8, 2007; Laws 2018, c. 27, § 4, eff. Nov. 1, 2018.


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