1. A. An applicant may apply to the Department of Environmental Quality for a consent order for risk-based remediation of a brownfield site or for a no action necessary determination.

2. B. The application shall, as a minimum, include:

   1. 1. A description of:

      1. a. the brownfield which is the subject of the application pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act,
      2. b. the concentrations of contaminants in the soils, surface water, or groundwater at the site,
      3. c. the air releases which may occur during remediation of the site, and
      4. d. any monitoring of the brownfield which is to occur after issuance of the Certificate of Completion or Certificate of No Action Necessary;
   2. 2. A remediation plan for remediating any pollution on the brownfield or a proposal that no action is necessary to remediate the brownfield considering the present levels of pollution at the site and the proposed future use of the property;
   3. 3. The current and proposed use of groundwater on and near the site;
   4. 4. The operational history of the site and the current use of areas contiguous to the site;
   5. 5. The present and proposed uses of the site;
   6. 6. Information concerning the nature and extent of any contamination caused by pollution at the site and any possible impacts on areas contiguous to the site;
   7. 7. Any analytical results from a laboratory certified by the Department of Environmental Quality or other data which characterizes the soil, groundwater or surface water on the site; and
   8. 8. An analysis of the human and environmental pathways to exposure from pollution at the site based upon the property's future use as proposed by the applicant.

3. C. Remediation or proposal for a no action necessary determination shall be based on the potential risk to human health and safety and to the environment posed by the pollution at the site, considering the following factors:

   1. 1. The proposed use of the brownfield;
   2. 2. The possibility of movement of the pollution in a form and manner which would result in exposure to humans and to the surrounding environment at levels which exceed applicable standards or which represent an unreasonable risk to human health and safety, or the environment as determined by the Department; and
   3. 3. The potential risks associated with the remediation proposal or no action necessary determination and the economic and technical feasibility and reliability of such proposal or determination.

Added by Laws 1996, HB 2972, c. 356, § 5, emerg. eff. June 14, 1996; Amended by Laws 2004, SB 1167, c. 111, § 5, emerg. eff. April 15, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 29, emerg. eff. March 15, 2005); Amended by Laws 2004, HB 2615, c. 141, § 5, eff. November 1, 2004 (superseded document available); Multiple amendment repealed by Laws 2005, HB 2060, c. 1, § 29, emerg. eff. March 15, 2005 (superseded document available).