Multiple Amendments Enacted During the 2004 Legislative Session Version 1 (as amended by Laws 2004, SB 1167, c. 111, § 2, emerg. eff. April 15, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 26, emerg. eff. March 15, 2005)):

1. A. Upon issuance of any permit issued pursuant to the requirements of the Oklahoma Hazardous Waste Management Act, the Department of Environmental Quality shall file a recordable notice of the permit in the land records of the county in which the site is located. The notice shall contain the legal description of the site as well as the terms under which the permit was issued.
2. B. The Department shall file a recordable notice of remediation or related action taken pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act in the land records of the county in which the site is located. The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remediation.
3. C. When remediation of contaminated property to risk-based standards is performed under an order of or a remediation plan approved by the Department, the Department shall file a recordable notice of remediation taken in the land records of the county in which the property is located. The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remediation.

4. D. The notices required in subsections B and C of this section shall also contain a prohibition against engaging in any activities that could cause damage to the remediation or the engineering controls, or could cause recontamination of the soil or groundwater. The notices shall also contain any appropriate restriction on land use or other activities that are incompatible with the cleanup level, including but not limited to, restriction against using groundwater for drinking or irrigation purposes or redeveloping the land for residential use. Any person who damages or interferes with the remediation, the engineering controls or continuing operation, maintenance or monitoring of the site shall be liable to repair the damage or remedy the interference, or for costs incurred by the Department in doing so. The Department may take administrative or civil action to recover costs or to compel compliance with this subsection.

   Version 2 (as amended by Laws 2004, HB 2615, c. 141, § 2, eff. November 1, 2004)

5. A. Upon issuance of any permit issued pursuant to the requirements of the Hazardous Waste Management Act, the Department of Environmental Quality shall file a recordable notice of the permit in the land records of the county in which the site is located. The notice shall contain the legal description of the site as well as the terms under which the permit was issued.
6. B. The Department shall file a recordable notice of remediation or related action taken pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act in the land records of the county in which the site is located. The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remedial action.
7. C. When remediation of contaminated property to risk-based standards is performed under an order of or a remediation plan approved by the Department, the Department shall file a recordable notice of remediation taken in the land records of the county in which the property is located. The notice shall contain a legal description of the affected property and shall identify all engineering controls used to ensure the effectiveness of the remedial action.
8. D. The notices required in subsections B and C of this section shall also contain a prohibition against engaging in any activities that cause or could cause damage to the remedy or the engineering controls, or recontamination of the soil or groundwater. The notices shall also contain any appropriate restrictions on land use or other activities that are incompatible with the cleanup level, including, but not limited to, restrictions against using groundwater for drinking or irrigation purposes or redeveloping the land for residential use. Any person who damages or interferes with the remedy, the engineering controls, or continuing operation, maintenance or monitoring is liable to repair the damage or remedy the interference, or for costs incurred by the Department in doing so. The Department may take administrative or civil action to recover costs or to compel compliance with this subsection.

Laws 1976, HB 1811, c. 251, § 5; Amended by Laws 1978, HB 1379, c. 260, § 4, emerg. eff. May 10, 1978; Renumbered from 63 O.S. § 2755 by Laws 1982, SB 405, c. 202, § 9; Amended by Laws 1993, HB 1002, c. 145, § 106, emerg. eff. July 1, 1993; Renumbered from 63 O.S. § 1-2005.1 by Laws 1993, HB 1002, c. 145, § 359, emerg. eff. July 1, 1993; Amended by Laws 2000, SB 1217, c. 74, § 1, emerg. eff. April 14, 2000 (superseded document available); Amended by Laws 2004, SB 1167, c. 111, § 2, emerg. eff. April 15, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 26, emerg. eff. March 15, 2005); Amended by Laws 2004, HB 2615, c. 141, § 2, eff. November 1, 2004 (superseded document available).