Multiple Amendments Enacted During the 2004 Legislative Session Version 1 (as amended by Laws 2004, SB 1167, c. 111, § 6, emerg. eff. April 15, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 30, emerg. eff. March 15, 2005))

1. A. The Department of Environmental Quality is not authorized to hold any public meeting or hearing to require information, make any determination, or in any manner consider the zoning or rezoning for any proposed redevelopment of a site. The Department shall assume that any proposed redevelopment of the site meets or will meet any zoning requirements.

2. B. The Department may reject or return an application if:

   1. 1. A federal requirement precludes the eligibility of the site;
   2. 2. The application is not complete and accurate; or
   3. 3. The applicant is ineligible under the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act or any rules promulgated pursuant thereto.

3. C. The Department may enter into a consent order with the applicant for remediation of a site if the Department concludes that the remediation will:

   1. 1. Attain a degree of control of pollution pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act, other applicable Department rules and standards, and all applicable state and federal laws as determined by the Department; and
   2. 2. For constituents not governed by paragraph 1 of this subsection, reduce concentrations such that the property does not present an unreasonable risk, as determined by the Department, to human health and safety or to the environment based upon the property's proposed use.
4. D. The Department may make a no action necessary determination if the application as required by the Oklahoma Brownfields Voluntary Redevelopment Act indicates the existence of pollution which, given the proposed use of the property, does not pose an unreasonable risk to human health and safety or to the environment as determined by the Department.
5. E. The consent order and the no action determination apply only to conditions caused by pollution on the property, to applicable state or federal laws and to applicable rules and standards promulgated by the Board of Environmental Quality that existed at the time of submission of the application.
6. F. If an application is disapproved by the Department, the Department shall promptly provide the applicant with a formal written statement of the reasons for such denial.

7. G.

   1. 1. If the Department determines that the applicant has successfully completed the requirements specified by the consent order, the Department shall certify the completion by issuing to the applicant a Certificate of Completion. The certificate shall list the use specified in the consent order for the site. The certificate shall also include provisions stating that:

      1. a. the Department shall not pursue administrative penalties and civil actions against the applicant, lenders, lessees, and successors and assigns associated with actions taken to remediate the pollution which is the subject of the consent order,
      2. b. the applicant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the remedial actions taken by the applicant for pollution, as required by the consent order if the remedial action is not performed in a reckless or negligent manner,
      3. c. no person responsible for pollution who has not participated in the voluntary remediation process shall be released from any liability, and
      4. d. the Certificate of Completion shall remain effective as long as the property is in substantial compliance with the consent order.

   2. 2. If the Department determines that no remediation action is deemed necessary for the site, the Department shall issue the applicant a Certificate of No Action Necessary. The certificate shall list the use specified in the application for the site. The certificate shall also include provisions stating that:

      1. a. the Department shall not pursue any administrative penalties or civil actions against the applicant, lenders, lessees, and successors and assigns associated with the determination that no action is necessary to remediate the pollution which is the subject of the certificate,
      2. b. the applicant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the determination that no action is necessary to remediate the site,
      3. c. no person responsible for pollution who has not participated in the application process for a no action necessary determination shall be released from any liability,
      4. d. the Certificate of No Action Necessary shall remain effective as long as the site is in substantial compliance with the certificate as determined by the Department, and
      5. e. the issuance of the Certificate of No Action Necessary shall not be construed or relied upon in any manner as a determination by the Department that the brownfield has not been or is not environmentally contaminated by pollution.
8. H. The Department shall keep and maintain a copy of the application, work plan, consent order, any other correspondence, record, authorization, and report received by the Department, and an official copy of the Certificate of Completion or the Certificate of No Action Necessary pursuant to the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act relating to the site in an accessible location.

9. I. Chapter 10A of Title 67 of the Oklahoma Statutes shall not apply to any records or copies required to be kept and maintained pursuant to this section.

   Version 2 (as amended by Laws 2004, HB 2615, c. 141, § 6, eff. November 1, 2004)

10. A. The Department of Environmental Quality is not authorized to hold any public meeting or hearing to require information, make any determination, or in any manner consider the zoning or rezoning for any proposed redevelopment of a site. The Department shall assume that any proposed redevelopment of the site meets or will meet any zoning requirements.

11. B. The Department may reject or return an application if:

    1. 1. A federal requirement precludes the eligibility of the site;
    2. 2. The application is not complete and accurate; or
    3. 3. The applicant is ineligible under the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act or any rules promulgated pursuant thereto.

12. C. The Department may enter into a consent order with the applicant for remediation of a site if the Department concludes that the remediation will:

    1. 1. Attain a degree of control of pollution pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act, other applicable Department rules and standards, and all applicable state and federal laws as determined by the Department; and
    2. 2. For constituents not governed by paragraph 1 of this subsection, reduce concentrations such that the property does not present an unreasonable risk, as determined by the Department, to human health and safety or to the environment based upon the property's proposed use.
13. D. The Department may make a no action necessary determination if the application as required by the Oklahoma Brownfields Voluntary Redevelopment Act indicates the existence of pollution which, given the proposed use of the property, does not pose an unreasonable risk to human health and safety or to the environment as determined by the Department.
14. E. The consent order and the no action determination apply only to conditions caused by pollution on the property, to applicable state or federal laws and to applicable rules and standards promulgated by the Board of Environmental Quality that existed at the time of submission of the application.
15. F. If an application is disapproved by the Department, the Department shall promptly provide the applicant with a formal written statement of the reasons for such denial.

16. G.

    1. 1. If the Department determines that the applicant has successfully completed the requirements specified by the consent order, the Department shall certify the completion by issuing to the applicant a Certificate of Completion. The certificate shall list the use specified in the consent order for the site. The certificate shall also include provisions stating that:

       1. a. the Department shall not pursue administrative penalties and civil actions against the applicant, lenders, lessees, and successors and assigns associated with actions taken to remediate pollution which is the subject of the consent order,
       2. b. the applicant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the remedial actions taken by the applicant for pollution, as required by the consent order if the remedial action is not performed in a reckless or negligent manner,
       3. c. no person responsible for pollution who has not participated in the voluntary remediation process shall be released from any liability, and
       4. d. the Certificate of Completion shall remain effective as long as the property is in substantial compliance with the consent order.

    2. 2. If the Department determines that no remediation action is deemed necessary for the site, the Department shall issue the applicant a Certificate of No Action Necessary. The certificate shall list the use specified in the application for the site. The certificate shall also include provisions stating that:

       1. a. the Department shall not pursue any administrative penalties or civil actions against the applicant, lenders, lessees, and successors and assigns associated with the determination that no action is necessary to remediate the pollution which is the subject of the certificate,
       2. b. the applicant and all lenders, lessees, and successors and assigns shall not be subject to civil liability with regard to the determination that no action is necessary to remediate the site,
       3. c. no person responsible for pollution who has not participated in the application process for a no action necessary determination shall be released from any liability,
       4. d. the Certificate of No Action Necessary shall remain effective as long as the site is in substantial compliance with the certificate as determined by the Department, and
       5. e. the issuance of the Certificate of No Action Necessary shall not be construed or relied upon in any manner as a determination by the Department that the brownfield has not been or is not environmentally polluted.
17. H. The Department shall keep and maintain a copy of the application, work plan, consent order, any other correspondence, record, authorization, and report received by the Department, and an official copy of the Certificate of Completion or the Certificate of No Action Necessary pursuant to the provisions of the Oklahoma Brownfields Voluntary Redevelopment Act relating to the site in an accessible location.
18. I. Chapter 10A of Title 67 of the Oklahoma Statutes shall not apply to any records or copies required to be kept and maintained pursuant to this section.

Added by Laws 1996, HB 2972, c. 356, § 6, emerg. eff. June 14, 1996; Amended by Laws 2004, SB 1167, c. 111, § 6, emerg. eff. April 15, 2004 (repealed by Laws 2005, HB 2060, c. 1, § 30, emerg. eff. March 15, 2005); Amended by Laws 2004, HB 2615, c. 141, § 6, eff. November 1, 2004 (superseded document available).