1. (a) A "Brownfield" is a real property (site) where expansion, redevelopment, normal use or reuse may be complicated by the presence or potential presence of a deleterious substance, pollutant, or contaminant. This includes land that is contaminated by petroleum, petroleum products, and related wastes, including crude, condensate, gasoline and diesel fuel, produced water/brine, glycol and/or drilling mud. A proposed Brownfield site is a defined area; it does not need to be the entire property or lease.

2. (b) Sites excluded from program participation are:

   1. (1) Sites controlled by responsible parties (RPs);
   2. (2) Sites listed on the National Priorities List (NPL) maintained by EPA;
   3. (3) Sites subject to order or consent decree under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund;
   4. (4) Sites permitted under certain federal programs including the Resource Conservation and Recovery Act (RCRA), CERCLA, the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA);
   5. (5) Sites owned or under the control of the federal government;
   6. (6) Portions of sites with PCB (polychlorinated biphenyls) pollution subject to remediation under TSCA;
   7. (7) Portions of facilities with an approved or ongoing federal Leaking Underground Storage Tank (LUST) Fund remediation; however the Oklahoma Petroleum Storage Tank (PST) Indemnity fund is potentially available for assessing and corrective action and/or remediation efforts of newly listed PST Brownfield sites in Oklahoma.

3. (c) Responsible party (RP) and other ineligible parties defined. A person, corporation, company, non-profit organization, or any other entity that:

   1. (1) Caused the pollution at the proposed Brownfield site or knew about the pollution and allowed it to occur; or
   2. (2) Contributed to already existing pollution at the site; or
   3. (3) Hindered or otherwise knowingly attempted to obstruct efforts to perform environmental assessments of or to remediate pollution caused by an RP at the site; or
   4. (4) Is not in compliance with a final agency order or any final order or judgment of a court of record secured by any state or federal agency for any of the responsible party's actions at the site which could have led to a leak, spill, and/or other cause of the pollution in violation of agency rules, or
   5. (5) Has demonstrated a pattern of uncorrected noncompliance with state or federal environmental laws or rules; or
   6. (6) Has past operations at the site and/or at other sites that indicate a reckless disregard for the protection of human health and safety or the environment.

Added at 25 Ok Reg 2187, eff 7-11-08

Amended at 33 Ok Reg 593, eff 8-25-16

Amended at 40 Ok Reg 1747, eff 10-1-23