1. A.

   1. 1. The Department of Environmental Quality shall not assess against an applicant administrative penalties or pursue civil actions associated with the contamination which is the subject of the consent order or no action necessary determination if:

      1. a. the applicant is in compliance with the consent order during remediation or with the Certificate of No Action Necessary, and
      2. b. the applicant is in compliance with any post-certification conditions or requirements specified in the consent order.
   2. 2. After issuance of the Certificate of Completion or Certificate of No Action Necessary, the Department shall not assess administrative penalties or pursue civil actions associated with the contamination which is the subject of the consent order or no action necessary determination against any lender, lessee, or successor or assign if the lender, lessee, or successor or assign is in compliance with any post-certification conditions or requirements as specified in the consent order or Certificate of No Action Necessary.

2. B.

   1. 1. Failure of the applicant and any lenders, lessees, or successors or assigns to materially comply with the consent order entered into pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act shall render the consent order or the Certificate of Completion or the Certificate of No Action Necessary voidable.
   2. 2. Submission of any false or materially misleading information by the applicant knowing such information to be false or misleading shall render the consent order, Certificate of Completion, or Certificate of No Action Necessary voidable.

3. C.

   1. 1. An applicant to whom a Certificate of Completion or a Certificate of No Action Necessary has been issued pursuant to the Oklahoma Brownfields Voluntary Redevelopment Act and such applicant's lenders, lessees, or successors or assigns shall not be subject to civil liability with regard to the remedial actions taken by the applicant for environmental contamination caused by regulated substances as required by the consent order if the remedial action is not performed in a reckless or negligent manner.
   2. 2. Except as otherwise provided in this subsection, nothing in the Oklahoma Brownfields Voluntary Redevelopment Act shall be construed to limit or negate any other rights of any person from pursuing or receiving legal or equitable relief from the applicant or any other person or legal entity causing or contributing to the environmental contamination.
   3. 3. In those cases where an applicant conducts a voluntary remediation in conjunction with a party responsible for the contamination, the responsible party shall also be released from liability to the same extent as the applicant.

4. D. The release of liability from administrative penalties and any civil actions authorized by the Oklahoma Brownfields Voluntary Redevelopment Act shall not apply to:

   1. 1. Any environmental contamination and consequences thereof that the applicant causes or has caused outside the scope of the consent order or the certificate issued by the Department;
   2. 2. Any contamination caused or resulting from any subsequent redevelopment of the property;
   3. 3. Existing contamination caused by regulated substances not addressed prior to issuance of the Certificate of Completion or the Certificate of No Action Necessary; or
   4. 4. Any person responsible for contamination who has not participated in the voluntary remediation.

Added by Laws 1996, HB 2972, c. 356, § 8, emerg. eff. June 14, 1996.