For purposes of the Oklahoma Brownfields Voluntary Redevelopment Act:

1. "Participant" means any person who or entity which:

a.has acquired the ownership, operation, management, or control of a site through foreclosure or under the terms of a bona fide security interest in a mortgage or lien on, or an extension of credit for, a brownfields site and which forecloses on or receives an assignment or deed in lieu of foreclosure or other indicia of ownership and thereby becomes the owner of a brownfield,

b.possesses a written expression of an interest to purchase a brownfield and the ability to implement a brownfield redevelopment proposal,

c.is the legal owner in fee simple of a brownfield,

d.is a tenant on or lessee of the brownfield site, or

e.is undertaking the remediation of a brownfield site;

2. "Brownfield" means an abandoned, idled or underused industrial or commercial facility or other real property at which expansion or redevelopment of the real property is complicated by pollution;

3. "Certificate of Completion" means a document issued by the Department of Environmental Quality pursuant to Section 2-15-106 of this title upon a determination that a participant has successfully completed agency-approved risk-based remediation. A Certificate of Completion is not a permit as defined in Section 2-14-103 of this title;

4. "Certificate of No Action Necessary" means a document issued by the Department of Environmental Quality pursuant to Section 2-15-106 of this title upon a determination that no remediation is deemed necessary for the expansion or redevelopment of the property for a planned use. A Certificate of No Action Necessary is not a permit as defined in Section 2-14-103 of this title;

5. "Consent order" means an order entered into by the Department of Environmental Quality and one or more participants, binding the parties to specified authorizations, activities, duties, obligations, responsibilities and other requirements;

6. "Demonstrated pattern of uncorrected noncompliance" means a history of noncompliance by the participant with state or federal environmental laws or rules or regulations promulgated thereto, as evidenced by past operations clearly indicating a reckless disregard for the protection of human health and safety, or the environment;

7. "Land use disclosure" means the Certificate of Completion or the Certificate of No Action Necessary, issued by the Department of Environmental Quality, which is required to be filed in the office of the county clerk of the county wherein the site is situated pursuant to Section 2-15-107 of this title. The land use disclosure shall include those items required in Section 2-7-123 of this title;

8. “Pollution” means the same as the term is defined in Section 2-1-102 of this title;

9. "Remediation" means activities necessary to clean up, mitigate, correct, abate, minimize, eliminate, control and contain pollution in compliance with a consent order from the Department of Environmental Quality;

10. "Risk-based remediation" means site assessment or site remediation, the timing, type, and degree of which are determined according to case-by-case consideration of actual or potential risk to human health and safety, or the environment from pollution of a brownfield site; and

11. “Site characterization” means the collection of sampling and non-sampling data to adequately delineate environmental contamination on property and support the risk evaluation and decision-making by the Department of Environmental Quality.

Added by Laws 1996, c. 356, § 3, emerg. eff. June 14, 1996. Amended by Laws 2004, c. 141, § 4, eff. Nov. 1, 2004; Laws 2009, c. 48, § 3, eff. July 1, 2009.

NOTE: Laws 2004, c. 111, § 4 repealed by Laws 2005, c. 1, § 28, emerg. eff. March 15, 2005.